Country: Zambia
Organization: Justice for Widows and orphans Project
Innovation: In January 2000, Zambia officially recorded its first count of child trafficking for prostitution. A 44 year old Australian male national was arrested at Chirundu Boarder post between Zambia and Zimbabwe. The Australian man was accompanied by a Zambian male driver in a Zambian registered Vehicle. The man had with him 5 Zambian girls aged between 14 and 16 year, going to Harare in Zimbabwe to secure Australian Visas as there is no Australian consular services in Zambia to travel to Australia where they were going to work as dancing queens.
The man had with him video tapes depicting the 5 girls naked, and in all forms of positions. This made big headlines in the Zambian media, and all Zambian were looking to a fair and just trial.
Five months later, the Zambian media yet again splashed the headlines, on the acquittal of the suspect on the basis that - ıthe suspect had hired a very powerful lawyer with connection every where. (corruption at play) - And although the Zambian prosecutors had a very good case of child trafficking for prostitution, they were at pains to pin the trafficker down. There was no properly defined law to facilitate proper prosecution. - The traffickers lawyer argued that ınaked photosı did not necessary comprise a crime as African traditional dancing was practically naked. - The 5 girls were determined to be hostile witnesses as they wanted to go to Australia to get the US500 per week that were promised to them. - The law did not protect the girls as they were also thrown into custody Because of the above reasons, the case could not go anywhere. The state lost the case, and the trafficker won, and proudly left the country Zambia.
And on Tuesday, May 3rd, 2005 the Zambian media carried a story of a Congolese woman with 16 children at the same Chirundu Border for suspected human trafficking.
The woman named as Wasalusu Basala Carmec was arrested after she tried to cross the border en route to South Africa.
She had entered Zambia through Kasumbalesa from Congo with 10 girls and six boys. The children who did not even know her name and where they were going called her as ıauntieı.
Though this has raised serious concerns in Zambia, people are worried that unless the following is addressed, they will be an increase in child trafficking in the region. - Sharpen the skills of the law enforcement officers to counter child trafficking. - African and Zambian law in particular as it is today is inadequate to deal with the problem of human trafficking - The public need sensitization on offers made abroad that their children will be taken care of. - Poverty levels need to be addressed if people are to decline lucrative offers from human traffickers. - Tackle the issue of corruption in the country The other concern is where as Zambia has ratified both the regional and International Human Rights Conventions such as the African Charter on Peopleıs Rights and Welfare, the Charter for Childrenıs welfare, the Universal Declaration of Human Rights, the Conventions on the Elimination of all forms of Discrimination Against Women (CEDAW), the Conventions on the rights of the child (CRC) and many others, these international laws have not been domesticated, and cannot , therefore, protect children and young people at local level. Such protection would only be possible within the jurisdiction of the African and International Courts of Justice, a far fetched dream for such children and young women.
Impact: Our strategy to combat human trafficking is to lobby members of parliament, NGOs, Civil society, government and the public at large through articles, newsletters, news stories in the media and public discussions. At the moment, the Zambian people are aware of the problem of human trafficking, but whatever they say will not materialize if the law is not in place to combat that. Through the dissemination of information on the dangers of human trafficking, our members of parliament will be forced to come up with a specific law that will deal with human trafficking. Without legislation, the trend will continue. And once the Zambian government has come up with legislation, through the media, and coordination, other African countries will be forced to come up with the same legislation and so the trend will be curtailed.
A policy is also needed to ensure that victims of human trafficking are protected. At the moment, in Zambia just like other countries, human trafficking victims who usually do not have traveling documents or passports, are considered to be prohibited immigrants and they thrown into prison where they languish for a long time before their case is sorted out. The Human trafficking victims, are usually sexually abused and as a result they are traumatized, the government need to come up with a deliberate policy that will ensure that traumatized victims receive emotional counseling and the speeding up of their cases so that they go back to their countries of origin.
Tipping Point: The closest the law can go in Zambia involving child trafficking is when children have been abducted. There is no law against trafficking of human beings in Zamia. The human traffickers know this and they wonıt make a mistake of abducting their prey; therefore they promise them US dollars that are hard to find in Zambia, they entice them with luxuries lifestyles in developed countries, they lure and make convincing promises of a better life. By the time, the victim decides, it would be with consent from guardians or parents who would have been convinced. Because of poverty, they see a human trafficker disguised as an angel as their only savior to save them from poverty.
For the country to reach the tipping point, the country needs to be sensitized on the existence of human trafficking and the methods used by the human traffickers to convince young girls to go with them. They should understand the characteristics of a human trafficker, though most victims will not readily identify themselves or volunteer information because of fear and the abuse they have suffered, or fear of retribution against themselves or their families, the following are indicators: - Physical signs such as malnutrition, dehydration, sexually transmitted diseases, signs of rape, bruising, broken bones untreated medical problems etc - Mental indicators such as post traumatic stress or psychological disorder - They do not hold their own identity cards - They suffer verbal or psychological abuse designed to intimidate, degrade and frighten them, - They have a trafficker who control them - They are always extremely nervous especially if the person who control them is there. Once the public has been sensitized, it would be easy for the people to demand for a specific piece of legislation on human trafficking. At the moment, the problem of human trafficking, is not receiving seriousness even though we are experiencing cases of that sort. This modern slavery is an extremely dangerous business, not only is children and young women exploited and their life span cut short, but the anti trafficking workers are at risk.
Replication: Legislation whereas effective legislation provides the basis for law enforcement against human trafficking, development of comprehensive legislation can be a long and a difficult process. It seems that in order to effectively protect children and young people from human trafficking, it would be necessary to provide relevant and necessary legal reform to provide such protections.
While trafficking of human within borders, between families and their extended relatives and friends within age old norms and practices is tolerated in Zambia, the current law cannot stop taking such children and young people across boarders.
As a Journalist, the activity will only be replicated by encouraging the media people to write more on the dangers of human trafficking. As long as the media constantly continues to write on the dangers of human trafficking, the government will be forced to react. They will be forced to come up with Information and Education materials that will warn would be human traffickers to be aware that the country has an effective law. It would also provide information to the public to start counter checking where the children are going if they are offered good life. With information, the public should be able to check with the embassy of a particular country where the children are going and even get more information from the government agency.
Even for the law enforcement agency, they will be willing to take up the cases of human trafficking if they know that they are able to effectively prosecute the offenders, than in the case now where the country has no specific laws and the offenders are charged with wrong charges and eventually acquitted.
Sustainability: Once the law has been enacted, it will be there for a long time until such a time that the parliamentarians will decide to change it. And once they decide to change the people of Zambia will put in their in put. The legislation in a long run, it will be able to protect the victims of human trafficking.
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Position in the Human Trafficking Mosaic of Solutions:
- Factor: Corruption and Inadequate Government Policy
- Principle: Ensuring Law for All
Contact Information:
Name: Mr. Felix Kunda
Organization: Justice for Widows and orphans Project
Mailing address: P.O Box 34777, Lusaka
Country: Zambia
Email: felix_kunda@yahoo.co.uk
Tel: 260 1 256208
Fax: 260 1 256208
Organization Size: individual