There were reports of extrajudicial killings by the government or its agents during the year. For example, on March 19, police brutally beat to death Mark Chongwa, an air force officer, while in detention for a minor traffic infraction. The Human Rights Commission (HRC) condemned the killing as an arbitrary deprivation of life, prompting the president to order a full inquiry into police actions. The HRC called for disciplinary action against the police officers responsible for the arrest and detention of Chongwa. Four individuals, including two police officers and two inmates, were arrested and charged with manslaughter. The case was referred to the High Court for prosecution; the trial continued at year’s end.

There were no reports of disappearances by or on behalf of government authorities.

Although the constitution prohibits subjecting any person to torture or to inhuman or degrading punishment, no laws address torture specifically. According to the HRC, police used excessive force--including torture and cruel, inhuman, or degrading treatment--to obtain information and confessions when apprehending, interrogating, and detaining criminal suspects. For example, the HRC stated the March 19 death of Mark Chongwa was a result of torture.

The HRC reported allegations of torture in every detention facility it monitored but noted that it was difficult to prosecute perpetrators because no law exists that explicitly prohibits torture or the use of excessive force. Confessions obtained through torture are admissible in court.

During the year the government changed its prison policy from punitive to correction and rehabilitation of inmates. Nevertheless, physical conditions in prisons and detention centers remained harsh and life threatening due to overcrowding, frequent outbreaks of disease, food and potable water shortages, and poor sanitation and medical care.

Physical Conditions: According to the nongovernmental organization (NGO) Prisons Care and Counseling Association (PRISCCA), there were 20,916 detainees (of whom 4,000 were awaiting trial at year’s end) in 90 prison facilities with a capacity of 8,550 inmates. PRISCCA noted overcrowding was due to a slow-moving judicial system, outdated laws, and increased incarceration due to higher numbers of persons driven to crime by poverty. Other factors included limitations on judges’ power to impose noncustodial sentencing, a retributive police culture, and poor bail and bonding conditions. Indigent inmates lacked access to costly bail and legal representation through the Law Association of Zambia. Other organizations such as the Legal Aid Board and the National Prosecutions Authority were also difficult for inmates to access due to a lack of representation outside Lusaka.

Other than the March 19 death of Mark Chongwa, no data on or estimates of deaths in jails, pretrial or other detention centers, or prisons attributed to physical conditions or actions of staff members or other authorities were available. While the HRC noted that prison overcrowding and sanitary and other physical conditions fell below international standards, it reported no cases of authorities abusing prisoners and no complaints of abuse filed by inmates. The HRC stated that it had no evidence of political prisoners being treated differently from other prisoners.

The law requires separation of different categories of prisoners, but only female prisoners were held separately. According to the HRC, conditions for female prisoners were modestly better primarily because of less crowded facilities. Juveniles were detained in the same holding cells with adult detainees. Prisons held an undetermined number of children who were born in prison or living in prisons while their mothers served sentences. Incarcerated women who had no alternative for childcare could choose to have their infants and children under age four with them in prison. According to PRISCCA, correctional facilities designated for pretrial detainees included convicted inmates.

Many prisons had deficient medical facilities and meager food supplies. Lack of potable water resulted in serious outbreaks of water- and food-borne diseases, including dysentery and cholera. PRISCCA reported that prison food was inadequate nutritionally. The prison system remained understaffed with only two full-time medical doctors and 84 qualified health-care providers serving the prison population. The incidence of tuberculosis remained very high due to overcrowding, lack of compulsory testing, and prisoner transfers. The supply of tuberculosis medication and other essential drugs was erratic. A failure to remove or quarantine sick inmates resulted in the spread of tuberculosis and other illnesses and the deaths of several prisoners. The HRC and PRISCCA expressed concern at the lack of isolation facilities for the sick and for persons with psychiatric problems. Although prisoners infected with HIV were able to access antiretroviral treatment services within prison health-care facilities, their special dietary needs and that of those on tuberculosis treatment were not met adequately. Prisons also failed to address adequately the needs of persons with disabilities. Inadequate ventilation, temperature control, lighting, and basic and emergency medical care remained problems.

According to the 2013 National Audit of Prisons, female inmates had limited access to health-care services. Gynecological care, cervical cancer screening, prenatal services, and prevention of mother-to-child transmission programs were nonexistent. Female inmates relied on donations of underwear, sanitary pads, diapers for infants and toddlers, and soap.

Authorities denied prisoners access to condoms because the law criminalizes sodomy and prevailing public opinion weighed against providing condoms. Prison authorities, PRISCCA, and the Medical Association of Zambia advocated for prisoners’ conjugal rights as a way to reduce prison HIV rates. Discriminatory attitudes toward the most at-risk populations (persons in prostitution and men who have sex with men) stifled the development of outreach and prevention services for these groups.

Administration: There were no ombudsmen to promote the interests of inmates. Prisoners and detainees generally could not submit complaints to judicial authorities or request investigation of credible allegations of inhuman conditions.

Independent Monitoring: The government permitted prison monitoring by independent local and international NGOs and religious institutions.

Improvements: During the year the government introduced a prison policy of correction and rehabilitation of inmates. It changed the penal system from a punitive to a correctional model in order to transform prison facilities to concentrate on correction and rehabilitation. It stated that instead of being punished for wrongdoing, offenders required rehabilitation so that they may better contribute to the development of the country when released and reintegrated into society. The August opening of a 300-inmate capacity correctional facility in Monze increased total prison system capacity from 8,250 to 8,550 inmates.

Although the constitution and law prohibit arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of arrest or detention in court, the HRC reported authorities frequently violated these requirements. It stated there was an increase in arbitrary arrests and unnecessarily prolonged detention in various detention centers, including police stations, during the year. PRISCCA reported there was an increase in suspects arrested and detained following the president’s July 5 declaration of a “threatened” state of emergency in which he invoked emergency powers. The UPND stated police arrested its members on politically motivated pretenses and charged them with nonbailable offenses. The Zambian Police Service (ZPS), however, claimed police arrested these individuals while they committed assault and theft. Many were tried and acquitted due to insufficient evidence.

On April 12, police arrested opposition UPND leader Hakainde Hichilema and five other UPND members and charged them with treason. On April 10, police used tear gas on party officials during a raid on Hichilema’s residence in Lusaka. On April 23, the Roman Catholic bishops of Zambia issued a statement condemning the raid as a “massive, disproportionate” use of force by police. On August 16, the Lusaka High Court released Hichilema and his codefendants when the director of public prosecutions dropped treason charges against him.

The constitution and law provide for an independent judiciary; the government largely respected judicial independence. The ruling party intervened in criminal and civil cases in which it had an interest.

The constitution and law prohibit such actions, but the government frequently did not respect these prohibitions. The law requires a search or arrest warrant before police may enter a home, except during a state of emergency or when police suspect a person has committed an offense such as treason, sedition, defaming the president, or unlawful assembly. Police routinely entered homes without a warrant even when one was legally required. Domestic human rights groups reported authorities routinely detained, interrogated, and physically abused family members or associates of criminal suspects to obtain their cooperation in identifying or locating the suspects.

On April 10, police used tear gas and destroyed property in a raid without a search warrant on the home of UPND leader Hichilema (see section 1.d.).

The law grants the Drug Enforcement Commission, ZSIS, and police authority to monitor communications using wiretaps with a warrant based on probable cause, and authorities generally respected this requirement. The government required cell phone service providers to register all subscriber identity module (SIM) cards. Critics contended the government’s Zambia Information and Communications Technology Agency monitored telecommunications.

Although access generally was not restricted and individuals and groups could freely express their views via the internet, the government threatened individuals with arrest and online media with closure. The government restricted access to antigovernment online publication Zambian Watchdog and other sites critical of the government.

On April 5, the president directed the Zambia Information and Communications Authority to monitor social media. On May 13, Transport and Communications Minister Brian Mushimba announced the government would regulate online content to curb “social media abuse and exploitation of members of the public.” On July 25, police arrested Edward Makayi, an engineering student at a private university in Lusaka, for online criticism of the president and other government officials.

According to the International Telecommunication Union, 25.5 percent of the population used the internet in 2016.

There were no government restrictions on academic freedom or cultural events.

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, and other persons of concern.

Abuse of Migrants, Refugees, and Stateless Persons: Gender-based violence was a problem, and authorities failed to provide adequate physical protection. Violence against girls and women--including defilement, rape, marriages of girls under age 18, and prostitution--was a major problem affecting female asylum seekers and refugees in camps and among those residing independently, especially in urban areas. Gender inequality, economic dependence on men, and impunity of perpetrators were among the factors contributing to abuse.

In-country Movement: The government intermittently restricted freedom of internal movement. Although police generally used roadblocks to control criminal activity, enforce customs and immigration controls, check drivers’ documents, and inspect vehicles for safety compliance, there were reports police used roadblocks to limit participation in political gatherings, especially during parliamentary by-elections. Police routinely extorted money and goods from motorists at roadblocks.

Recent Elections: In August 2016 the most recent national elections were held. They included five separate ballots for president, members of parliament, mayors, and local councilors, as well as a referendum on a revised bill of rights. The incumbent PF candidate Edgar Lungu won a close victory, garnering 50.4 percent of the vote. His closest opponent, UPND leader Hichilema, received 47.6 percent, and seven other candidates 2 percent of the vote. The presidential election was conducted under a revised electoral system that required a candidate to receive more than 50 percent of votes to avoid a second round runoff. Election observers and monitors noted that, while voting was peaceful, there were concerns relating to the electoral environment. Public media coverage, police actions, and legal restrictions heavily favored the ruling party, preventing the elections from being genuinely free or fair.

Political Parties and Political Participation: Historically, political parties operated without restriction or outside interference, and individuals could independently run for office. The ruling party, however, enjoyed the use of government resources for campaign purposes and had police harass opposition candidates and supporters. Opposition parties, particularly the UPND, faced police and legal harassment. Police arrested opposition officials, blocked public rallies, and dispersed participants in opposition political gatherings and public protests. In overturning the August 2016 election of two ruling party members of parliament, High Court rulings cited ruling party abuse of government resources.

There were reports during the year of forced retirement of civil servants based on their political affiliation and ethnicity. On February 28, a number of young doctors--some as young as 32--at the University Teaching Hospital were forced to “retire in national interests.” The retirement decisions were allegedly made because the individuals belonged to or were sympathetic to the opposition UPND. The civil servants in question were from UPND strongholds in the Southern, Western, and North-Western Provinces. On September 5, a prominent labor organization stated that a number of public service workers were forced to “retire in national interests” because they belonged to the UPND or other opposition parties.

Participation of Women and Minorities: There were no laws or cultural or traditional practices preventing women or members of minorities from voting, running for office, and serving as electoral monitors, or otherwise participating in political life on the same basis as men or nonminority citizens, and women and minorities did so. Some observers believed that traditional and cultural factors prevented women from participating in political life on the same basis as men. The constitution, however, requires a high school education for all elected officials, which had the unintended effect of disqualifying many female candidates from running for office.

Less than 20 percent of the members of parliament were women, and few women occupied public decision-making positions. Nevertheless, constitutional amendments passed in 2016 as well the institution of policies and programs to promote the participation of women and other minorities resulted in the appointment of more women to leadership positions. For example, during the year a number of women were appointed to leadership positions in the judiciary and corporate boards such as those of the National Pensions Scheme Authority and Zambia Electricity Supply Corporation.

Rape and Domestic Violence: The law criminalizes rape and other sexual offenses, and courts have discretion to sentence convicted rapists to life imprisonment with hard labor.

The 2010 Anti-Gender-based Violence Act criminalizes spousal rape, and the penal code criminalizes domestic violence between spouses and among family members living in the same home. The law provides for prosecution of most crimes of gender-based violence, and penalties for conviction range from a fine to 25 years’ imprisonment, depending on the severity of injury and whether a weapon was used. The law provides for protection orders for victims of domestic and gender-based violence, and such orders were issued and enforced. Despite this legal framework, rape remained widespread.

During the year the NGO Coordinating Council (NGOCC) and its member organizations engaged traditional marriage counselors on gender-based violence and women’s rights. The Young Women’s Christian Association continued its “good husband” campaign and, in collaboration with other women’s movements, the “I Care about Her” campaign to promote respect for women and to end spousal abuse. Other efforts to combat and reduce gender-based violence included the establishment of shelters for victims of gender-based violence, training of police officers in the handling of cases of gender-based violence, roadshows to sensitize the public to gender-based violence, and instruction on how to file complaints and present evidence against perpetrators.

Other Harmful Traditional Practices: The NGOCC and several of its member organizations observed that the country’s dual system of customary and statutory law made it difficult to end injustices against women. The practice of “sexual cleansing,” in which a widow is compelled to have sexual relations with her late husband’s relatives as part of a cleansing ritual, continued to decline. The penal code prohibits “sexual cleansing” of girls under age 16.

Sexual Harassment: Sexual harassment was common, but the government took few steps to prosecute harassment during the year. The penal code contains provisions under which some forms of sexual harassment of women may be prosecuted. The NGOCC stated it received many reports of sexual harassment in the workplace but expressed concern that stringent evidence requirements in courts of law prevented victims from litigating. The families of perpetrators often pressured victims to withdraw complaints, especially if they were members of the same family, which hampered prosecution of offenders.

Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/.

Discrimination: In contrast to customary law, the constitution and statutory law provide for the same legal status and rights for women as for men, including under family, labor, property, and nationality laws. The government did not adequately enforce the law, and women experienced discrimination.

Birth Registration: Citizenship is derived from one’s parents or, with the exception of refugees, by birth within the country’s territory. Failure to register births did not result in the denial of public services, such as education or health care, to children. Both state and nonstate institutions accepted alternative documents to access other basic services. For additional information, see Appendix C.

Education: Although government policy provides for tuition-free education through grade seven, education was not compulsory. The numbers of girls and boys in primary school were approximately equal, but fewer girls attended secondary school. According to UNICEF, girls tended to leave school at younger ages than did boys because of early marriage or unplanned pregnancies.

Child Abuse: The punishment for conviction of causing bodily harm to a child is five to 10 years’ imprisonment, and the law was generally enforced. Beyond efforts to eliminate child marriage, there were no specific initiatives to combat child abuse.

Early and Forced Marriage: The legal age of marriage is 16 for boys and girls with parental consent and 21 without consent. There is no minimum age under customary law. According to the Zambia Demographic and Health Survey 2013/2014, 31 percent of women ages 20-24 were married before 18. According to UNICEF, child marriage is largely between peers rather than forced.

The government, parliamentarians, civil society organizations, and donors worked together to fight early and forced marriages. The Ministries of Chiefs and Traditional Affairs and Gender and Child Development, in collaboration with traditional leaders, NGOs, diplomatic missions, and other concerned persons, increasingly spoke out against early and forced marriages. Some leaders nullified forced and early marriages and placed the girls removed from such marriages in school. In April 2016 the government adopted a national action plan to end child marriage. The action plan sets a five-year goal of reducing child marriage rates by 40 percent with an ultimate target to build “a Zambia free from child marriage by 2030.” During the year implementation of the strategy focused on girls remaining in school and promoting the prohibition by village chiefs of child marriage in customary law and practice. For additional information, see Appendix C.

Sexual Exploitation of Children: The minimum age for consensual sexual relations is 16. The law provides penalties of up to life imprisonment for conviction of statutory rape or defilement, which the law defines as the unlawful carnal knowledge of a child under age 16. The minimum penalty for conviction of defilement is 15 years’ imprisonment.

The law criminalizes child prostitution and child pornography and provides for penalties of up to life imprisonment for convicted perpetrators. The law provides for prosecution of child prostitutes age 12 years and older, but authorities did not enforce the law, and child prostitution was common.

Displaced Children: Orphaned children faced greater risks of child abuse, sexual abuse, and child labor. The 2013 Zambia Orphanhood and Fosterhood Report stated 13 percent of the 6.6 million children ages newborn to 17 were orphans. It attributed the high numbers of orphans to the loss of parents from HIV-related illnesses, malaria, and tuberculosis.

On September 20, the Ministry of Community Development and Social Services began implementing guidelines for the Alternative Care Act to promote deinstitutionalization of orphans and support family preservation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.

There were fewer than 500 persons in the Jewish community, and there were no reports of anti-Semitic acts.

See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

The law prohibits discrimination in general, but no law specifically prohibits discrimination against persons with physical, sensory, intellectual, or mental disabilities in employment, education, transportation, access to health care, and the provision of other government services.

The Ministry of Gender and Child Development oversees the government’s implementation of policies that address general and specific needs of persons with disabilities in education, health care, accessibility to physical infrastructure, and electoral participation.

A lack of consolidated data was a major impediment to the inclusion of persons with disabilities in government programming and policy. Persons with disabilities had limited access to education and correspondingly low literacy levels. While the government did not restrict persons with physical or mental disabilities from voting or otherwise participating in most civic affairs, progress in providing for their participation remained slow. Persons with mental disabilities could not hold public office. Persons with disabilities also faced significant societal discrimination in employment and education.

By law the government must provide reasonable accommodation for all persons with disabilities seeking education and provide that “any physical facility at any public educational institution is accessible.” Public buildings, schools, and hospitals rarely had facilities to accommodate such persons, however. Five schools were designated for children with disabilities. Some children with physical disabilities attended mainstream schools.

There are seven major ethnic/language groups--Bemba, Kaonde, Lozi, Lunda, Luvale, Ngoni, and Tonga--and 66 smaller ethnic groups, many of which are related to the larger tribes. The government generally permitted autonomy for ethnic minorities and encouraged the practice of local customary law. Some political parties maintained political and historical connections to tribal groups and promoted their interests. The general election was marred by rhetoric that contributed to division among tribal groups.

The government grants special recognition to traditional leaders but does not recognize the 1964 Barotseland Agreement that granted the Lozi political autonomy and was signed by the United Kingdom, Northern Rhodesia, and the Barotse Royal Establishment immediately prior to the country’s independence. Some Lozi groups demanded official recognition of the Barotseland Agreement while others demanded independence.

The law criminalizes consensual same-sex sexual activity, and penalties for conviction of engaging in “acts against the order of nature” are 15 years’ to life imprisonment. Conviction of the lesser charge of gross indecency carries penalties of up to 14 years’ imprisonment. The government enforced laws against same-sex sexual activity and did not address societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Societal violence against persons based on gender, sex, and sexual orientation occurred. LGBTI persons in particular were at risk of societal violence due to prevailing prejudices, misperceptions of the law, lack of legal protections, and inability to access health-care services. Some politicians, media figures, and religious leaders expressed opposition to basic protection and rights for LGBTI persons in arguing against same-sex marriage.

Rather than submit cases for trial, police on several occasions arrested suspected LGBTI persons on bogus charges, forcing them to spend at least one night in jail. In most cases police demanded bribes before releasing the individuals. Police increasingly charged transgender persons with “impersonation” and subjected them to verbal abuse and harassment while in detention. The charges generally could not be successfully prosecuted, and detainees were released. For example, on August 30, police in Kapiri Mposhi town arrested and charged two men for same-sex sexual conduct. The case was being tried at year’s end.

According to LGBTI advocacy groups, societal violence occurred, as did discrimination in employment, housing, and access to education and health care. LGBTI groups reported frequent harassment of LGBTI persons and their families, including threats via text message and email, vandalism, stalking, and outright violence. Activists stated several LGBTI persons committed suicide.

The government actively discouraged discrimination against persons with HIV/AIDS. Most employers adopted nondiscriminatory HIV/AIDS workplace policies. Training of the public sector including the judiciary on the rights of persons with HIV/AIDS increased public awareness and acceptance, but societal and employment discrimination against such individuals persisted. The government made some headway in changing entrenched attitudes of discrimination against persons with HIV/AIDS. In August 2016 the country’s first openly HIV-positive person was elected to parliament.

The law provides for the right of workers, except for police, military personnel, and certain other categories of workers, to form and join independent unions, conduct legal strikes, and bargain collectively. Statutory restrictions regulate these rights. The law also requires the registration of a trade union with the Ministry of Labor and Social Security, which may take up to six months. The ministry has the power to refuse official registration on arbitrary, unjustified, or ambiguous grounds. No organization may be registered as a trade union unless its application to register is signed by not less than 50 supporters or such lesser number as may be prescribed by the minister, and, with some exceptions, no trade union may be registered if it claims to represent a class of employees already represented by an existing trade union. Unions may be deregistered under certain circumstances, but the law provides for notice, reconsideration, and right of appeal to an industrial relations court. The government has discretionary power to exclude certain categories of workers from unionizing, including prison staff, judges, court registrars, magistrates, and local court justices.

Trade Union operations are guided by their constitutions and provisions of the Industrial and Labor Relations Act. The government, through the Ministry of Labor and Social Security, brokers labor disputes between employers and employees. In cases involving the unjustified dismissal of employees, the ministry settles disputes through social dialogue, and any unresolved cases are sent to the Industrial Relations Court. The act also provides a platform for employers, workers, and government to dialogue on matters of mutual interest through the Tripartite Consultative Labor Council.

The law provides for collective bargaining. In certain cases, however, either party may refer a labor dispute to a court or for arbitration. The law also allows for a maximum period of one year for a court to consider the complaint and issue its ruling. Collective agreements must be filed with the commissioner and approved by the minister before becoming binding on the signatory parties.

In 2015 the government reformed some labor laws, through the amendment of the Employment Act, to increase government agencies’ capacity to address overall labor issues in the informal sector. Additionally, the government established a call center to allow the public access to information relating to labor matters. With the exception of workers engaged in a broadly defined range of essential services, the law provides for the right to strike if recourse to all legal options is first exhausted.

The law defines essential services as any activity relating to the generation, supply, or distribution of electricity; the supply and distribution of water and sewage removal; fire departments; and the mining sector. Employees in the Zambian Defense Forces and judiciary as well as police, prison, and ZSIS personnel are also considered essential. The process of exhausting the legal alternatives to a strike is lengthy. The law also requires a union to notify employers 10 days in advance of strike action and limits the maximum duration of a strike to 14 days. If the dispute remains unresolved, it is referred to the court. The government may stop a strike if the court finds it is not “in the public interest.” Workers who engage in illegal strikes may be dismissed by employers. An employee or trade union that takes part in a strike that has not been authorized by a valid strike ballot is liable to a fine of up to 50,000 kwacha ($5,319) for a trade union or 20,000 kwacha ($2,128) for an employee.

The law prohibits antiunion discrimination and employer interference in union functions, and it provides for reinstatement and other remedies for workers fired for union activity. Except for workers in the “essential services” and those in the above-mentioned categories, no other groups of workers were excluded from relevant legal protections. Administrative judicial procedures were subject to lengthy delays and appeals. Unions suffered from political interference and fracturing and were no longer seen as influential.

Although the Ministry of Labor and Social Security attempted to enforce applicable labor laws, enforcement was not effective. Penalties for employers were not sufficient and could not be effectively enforced to deter violations, which prompted the government to introduce a revised labor code. Other challenges that constrained effective enforcement included unaligned pieces of legislation, lack of financial capacity to implement programs, and lack of trained officers to enforce legislation.

Freedom of association and the right to collective bargaining were not always enforced. Most unions chose to strike illegally, either to circumvent lengthy procedural requirements for approval or when other legal avenues were exhausted. While the law provides that workers engaging in illegal strikes may be dismissed, the government often intervened in such matters. For example, in January, when Luanshya Copper Mine in Copperbelt Province suspended seven miners for inciting other workers to strike, the company reversed its decision following the intervention by the Copperbelt provincial minister. NGOs advocated for worker rights throughout the year without government restriction.

The law prohibits all forms of forced or compulsory labor. The law authorizes the government to call upon citizens to perform labor in specific instances, such as during national emergencies or disasters. The government also may require citizens to perform labor associated with traditional civil or communal obligations.

Penalties for conviction of forced labor violations range from 25 to 35 years’ imprisonment. Data were insufficient to determine whether these penalties were sufficient to deter violations. There were no prosecutions for forced labor during the year.

The government did not effectively enforce the law. While the government investigated cases involving a small number of victims, it lacked the resources to investigate more organized trafficking operations potentially involving forced labor in the mining, construction, and agricultural sectors. Gangs of illegal miners called “jerabos” at times forced children into illegal mining and loading stolen copper ore onto trucks in Copperbelt Province. Women and children from rural areas were exploited in urban domestic servitude and subjected to forced labor in the agricultural, textile, and construction sectors, and in small businesses such as bakeries. While orphans and street children were the most vulnerable, children sent to live in urban areas were also vulnerable to forced labor.

Women and children from Zimbabwe, Malawi, and Mozambique were forced into labor or prostitution after arriving in the country. Chinese, Indian, and Lebanese nationals were exploited in forced labor in textile factories, road construction, and bakeries. There were reports of abuses in labor-intensive work, including domestic service, hospitality, and construction.

Also see the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.

The law prohibits the employment of children under age 15 at any commercial, agricultural, or domestic worksite or engaging a child in the worst forms of child labor as defined in international conventions. While the Employment of Young Persons and Children Act sets the minimum age for hazardous work at 18, it is not clear regarding the definition of a child. Various pieces of legislation define a child differently, which has implications on employment and education of children. Restrictions on child labor prohibit work that harms a child’s health and development or that prevents a child’s attendance at school. The law also prohibits the procurement or offering of a child for illicit activities.

According to UNICEF, there was a high prevalence of child labor, mostly in domestic and agricultural sectors mainly in rural areas. UNICEF noted there was a discrepancy between the right to education and child labor laws in the country. Although the law sets the minimum age of employment at 15, according to the Employment of Young Persons and Children Act, children ages 13 and 14 may be lawfully engaged in employment, as long as the work involved is not harmful to their health or development or prejudicial to their education. The Employment Act also permits the employment of children under age 15 receiving full-time education during school vacations or those who have either failed to secure admission to a suitable school or whose enrollment has been cancelled or terminated by the school authorities or for good cause by a parent. UNICEF reported that the majority of children worked in agriculture, forestry, and fisheries, with 83 percent working in the informal sector and therefore unable to access full legal employment benefits.

The Ministry of Labor recorded three cases of child labor and forced child labor in the informal sector. For example, in Kasama district, a child was forced by his parents to work in a field. The district labor officer intervened, withdrew the child from fieldwork, and cautioned the parents. In another case, in Kehema district, a father allegedly impregnated his own 13-year-old daughter, forced her to work, and restricted her movements. The girl’s father was arrested and charged with incest; his trial continued at year’s end.

The government did not effectively enforce the law outside of the industrial sector. Resources, inspections, and remediation were inadequate. Secondary education is not compulsory, and children who are not enrolled are vulnerable to child labor. Thus, child labor was a problem in agriculture, domestic service, construction, farming, transportation, prostitution, quarrying, mining, and other sectors where children under age 15 often were employed.

While the labor commissioner effectively enforced minimum age requirements in the industrial sector, where there was little demand for child labor, the government seldom enforced minimum age standards in the informal sector, particularly in mining, agriculture, and domestic service. Because more than 92 percent of child labor occurred in the agricultural sector, most often with the consent of families, inspectors from the Ministry of Labor and Social Security focused on counseling and educating families that employed children. Authorities did not refer any cases of child labor for prosecution during the year. Due to the scarcity of transportation, labor inspectors frequently found it difficult to conduct inspections in rural areas. The production of crops such as cotton, tobacco, maize, coffee, and sunflowers exposed children to dangerous pesticides, fertilizers, snake and other animal bites, and injuries from carting heavy loads and using dangerous tools and machinery.

Also see the Department of Labor’s Findings on the Worst Forms of Child Labor at www.dol.gov/ilab/reports/child-labor/findings/.

The labor law does not prohibit discrimination based on sexual orientation or gender identity. Various organizations had policies that protected individuals with HIV/AIDS. The NGOCC noted that although the Employment Act provides for maternity leave, the requirement of “continuous employment for two years” was discriminatory.

Generally, the government effectively enforced the law. There were reports, however, of discrimination against minority groups. Undocumented migrant workers are not protected by the law and faced discrimination in wages and working conditions.

Discrimination in employment and occupation occurred with respect to disability, sexual orientation, and gender identity. LGBTI persons were at times dismissed from employment or not hired because of their sexual orientation or gender identity. Women’s wages lagged behind men’s, and training opportunities were less available for women. Women were much less likely to occupy managerial positions. Persons with disabilities faced significant societal discrimination in employment, education, and access.

Migrant workers, if documented, enjoy the same legal protections, wages, and working conditions as citizens.

The law allows the Ministry of Labor and Social Security authority to set wages by sector. Otherwise, the category of employment determines the minimum wage and conditions of employment. Minimum wage categories range from 700 kwacha ($74) to 1,445 kwacha ($154) per month for “protected employees,” such as general workers with low bargaining power, which was slightly less than the official estimate of the poverty income level. Wage laws were effectively enforced, and the law prescribes penalties for violations of labor laws. Every employer negotiates with employees their standard minimum wage. For unionized workers, wage scales and maximum workweek hours were established through collective bargaining. During the year, however, the minister of labor and social security refused to allow collective bargaining demanding less than minimum wage requirements. Almost all unionized workers received salaries considerably higher than the nonunionized minimum wage. Most minimum wage earners supplemented their incomes through second jobs, subsistence farming, or reliance on extended family.

According to the law, the normal workweek should not exceed 48 hours. The standard workweek is 40 hours for office workers and 45 hours for factory workers. There are limits on excessive compulsory overtime, depending on the category of work. The law provides for overtime pay. Employers must pay employees who work more than 48 hours in one week (45 hours in some categories) for overtime hours at a rate of 1.5 times the hourly rate. Workers receive double the rate of their hourly pay for work done on a Sunday or public holiday. The law requires that workers earn two days of annual leave per month without limit.

The law regulates minimum occupational safety and health standards in industry. Both the Workers Compensation Fund Control Board (WCFCB) and the Ministry of Labor and Social Security stated that existing government occupational safety and health (OSH) standards were appropriate for the main industries. The WCFCB reported that the Workers Compensation Act No. 10 of 1999 and the Factories Act of 1966 place on both workers and experts the duty to identify unsafe situations in a work environment. The WCFCB reported it encouraged workers to form “safety communities” to develop capacity among workers to manage risks or hazardous situations. The Ministry of Labor cited the World Bank-funded OSH Institute in Ndola as an example of a significant OSH investment, especially for tuberculosis screening for mineworkers.

The work hour law and the safety and health standards were not effectively enforced in all sectors, including in the informal sector. Miners faced poor health and safety conditions and threats by managers if they tried to assert their rights. Miners developed serious lung disease, such as silicosis, due to poor ventilation and constant exposure to dust and chemicals.

Violations of wage, overtime, or OSH standards were most common in the construction, mines, and domestic sectors, involving mainly Chinese companies. The major industrial accidents during the year occurred in the mining, transport, agriculture, and commercial sectors.

Approximately 80 percent of all workers were in the informal sector. The WCFCB publicized its services and information regarding workers compensation and solicited responses from the informal sector, resulting in the provision of social protections for many.

The government engaged with mining companies and took some steps to improve working conditions in the mines. By law workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, but authorities did not effectively protect employees in these situations. Despite legal protections, workers did not exercise the right to remove themselves from work situations that endangered their safety or health, and workers who protested working conditions often jeopardized their employment.