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.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
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.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
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.
HIV and AIDS Social Stigma
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.