Human Trafficking 

Zambia enacted the Anti– Human Trafficking Act No. 11 of 2008 to provide for the protection of victims of Human Trafficking, and for the establishment of the Anti – Human Trafficking Fund (Anti-HT Fund).

The Government of the Republic of Zambia recognizes the devastating and destructive effects of Human Trafficking which has continued to negatively affect men, women and children, as they are subjected to various forms of exploitation such as forced labour and sexual exploitation. Zambia is a source, transit and destination country for Human Trafficking. Measures are in place to facilitate the successful implementation of activities for the protection of victims of Human Trafficking.

The Anti – Human Trafficking Act mandates the Ministry of Community Development and Social Services through the Department of Social Welfare to establish and operationalize Centres for victims as well as provide for basic material support to victims, skills training, tracing families of victims and any other matter connected with the rehabilitation and reintegration of victims in their best interest.

Further, the Act mandates the Ministry to manage and administer the Fund and subsequently in collaboration with the Anti – Human Trafficking Task Force Committee to develop guidelines for the disbursement and management of the Fund.

Anti-Human Trafficking Fund 

The Fund is established under Section 102 of the Anti-Human Trafficking Act to facilitate the implementation of activities on Anti – Human Trafficking and consists of voluntary contributions from any person; such funds as Parliament may approve for purposes of the Fund and any grants from any source within or outside Zambia.

These Guidelines have been developed to provide information on the criteria for victims to access the fund, and also provide key steps and processes to be followed when accessing and disbursing the Fund. The Anti-Human Trafficking Fund Guidelines have therefore been designed to provide procedures for accessing, disbursement and management of the Fund in accordance with the provision of Section 103 of the Anti-HT Act, and to ensure compliance with the 2018 Financial Public Management Act.

Main Objective of the Anti-Human Trafficking Fund

The main objective of the Fund Guidelines is to provide guidance on the procedures and processes of contribution, accessibility and management of the Anti-HT Fund.

Specific Objectives

• To provide guidance on procedures and processes of contribution towards the Fund
• To provide guidance on procedures and processes of accessibility of the Fund
• To ensure compliance with the provisions and regulations of the 2018 Public Finance Management Act in the utilisation of the Fund

Guiding Principles

Transparency:

The Fund promotes openness, decision making criteria that are widely known and understood and are not subject to directives of an authority in the management of the Fund. Stakeholders or Implementing Agencies know what resources are available and who should benefit from the Anti-HT Fund.

Accountability:

It is imperative for the credibility of the Fund that all funds are properly managed and accounted for and that the right beneficiaries are targeted. The Fund Guidelines have different checks and balances in the targeting as well as payment process that involve all stakeholders.  All funds shall be properly managed and accounted for in targeting the beneficiaries.

Partnership:

Linking the Fund provisions to other services and case management are enormous tasks that require concerted efforts from all stakeholders at all levels. This can only be achieved through close collaboration and networking for the effective execution of the fund.

Contribution and Access to the Fund:

Who Can Contribute To the Fund?

• Voluntary contributions from any person;
• Such funds as Parliament may approve for purposes of the Fund;
• Any grants from any source within or outside Zambia with approval of the Minister responsible for finance with an exception of terrorist groups/HT perpetrators;
• Private – Public Partnerships from any business houses willing to contribute

Who is Eligible to Access the Fund:

• HT Victims;
• Families whose vulnerability status has been affected by HT related situation;
• Shelters/ Child Care Facilities supporting HT Victims;
• Government Institutions such as Department of Social Welfare, Zambia Police Service (Child Protection Unit & Victim Support Unit), Immigration Department, Support Groups, Skills Training institutions supporting HT Victims and Families caring for Victims of HT identified through Social Welfare, and
• Any other Service Providers dealing with HT related activities/ support for the Victims as would be approved by Social Welfare.

Accessing the Fund by Victims:

To access the Fund, Victims must be identified by Social Welfare, Immigration and any concerned individual, stakeholders, service providers and should be registered by Social Welfare through a registration process;

• Once registration is complete, the Identification and Assessment Form (In the Appendix A) will be reviewed and approved through the Best Interest Determination Panel Meeting at District level. Where the above committee does not exist, an established Child Protection Committee or the District Welfare Assistance Committee could be used to serve the same purpose.
• The meetings of the committee/s will be held as and when called upon to review and approve cases reported by District Social Welfare/Immigration/Police on a monthly basis for periodic progress review on HT cases reported;
• The reviewed and approved list of HT Cases of Victims will be submitted to Headquarters for the Ministry responsible for Social Welfare for possible funding from the Fund;
• Due to the urgency of HT Cases, interventions and funding support must be prioritised towards the victims’ needs and provided within fourteen (14) working days effective the date when cases are received at Headquarters for the Ministry responsible for Social Welfare.
• For record purposes and keeping an audit-trail, the District Social Welfare Office must maintain a HT Records Book for all HT Cases reported and those supported, indicating the support provided using the format as demonstrated in Appendix B. This HT Records Book must be kept in strict confidence under lock and key at the District Social Welfare Office.

Note: All HT Cases are handled and kept confidential.

Accessing the Fund by Existing Service Providers/ Implementing GRZ Partners:

Accessing of the Anti-HT Fund by existing budgeted for Service Providers/ Implementing GRZ Partners (those already included in the Annual Work-plan Budget) shall be based on the following conditions and procedures:

• A Service Provider/ Implementing Partner may access the Fund based on the Approved Annual Budget and Work plan.
• A formal request with a clear budget should be submitted to the Permanent Secretary in the Ministry responsible for Social Welfare for consideration and approval.
• The Permanent Secretary will either approve or disapprove the request.
• Once approved, the request is referred to Director Finance under Ministry responsible for Social Welfare for disbursement, and if not approved it is referred back to the applicant with reasons for the disapproval.
• The above process should be undertaken and completed within 30 days.
• All funds received by Service Providers/ Implementing Partners MUST be retired and accounted for in accordance with the provisions of the 2018 Public Finance and Management Act.
• Only those Service Providers without unretired funding shall be eligible for the next funding.

Accessing the Fund by New Entrant Service Providers :

If a Service provider or Institution not included in the Approved Annual Work-plan Budget wishes to access the HT Fund, the following shall be the procedure to follow:

All applications from new applicants shall only be submitted in the last quarter of the year and approved in the same quarter.

• The organization must be registered with relevant certification body/ies.
• The organization must get a recommendation from the DSWO in their respective district to be attached to the application for submission to the Minister responsible for Social Welfare for consideration.
• The applicant applies for consideration to the Minister responsible for Social Welfare, who refers the application to the Committee for consideration and recommendations to the Minister for approval.
• Among the documents to be submitted, is a work plan of the activities intended to be undertaken in the following year which must be in accordance with the Anti-HT Funds.