Report on Citizenship Law: Zambia
4. Current political debates and reform plans
During consultations leading up to the enactment of the Citizenship of Zambia Act, 2016
some concerns were raised.
4.1 Concerns regarding the abuse of the entitlement to citizenship by marriage
First, the provision that a person married to a Zambian for at least five years was met with
some views suggesting that it could potentially be abused by people entering into arranged
marriages and a suggestion that the period should instead be extended to ten years.143 This
concern was shared by the Parliamentary Committee on National Security and Foreign
Affairs considering the bill which later became the Citizenship of Zambia Act, 2016. The
committee shared this concern and recommended a revision of the Constitution to increase
the minimum period to ten years.144
4.2 Concerns regarding the abuse of the entitlement to citizenship by adoption
Second, some submissions were made to the effect that in an application for citizenship by
adoption, the Citizenship Board of Zambia ought to consider the child’s background in
exercising discretion on whether or not to register the child as a citizen by adoption to prevent
‘foul play.’145 The concern of these submissions was that people obtaining citizenship by
registration seeking to adopt their own children and relatives for purposes of granting them an
entitlement for citizenship. The concern arises in the context of people who acquire
citizenship by naturalisation who may have children or relatives ordinarily resident in other
countries. Since such children or relatives do not automatically become Zambian citizens, the
concern is that the naturalised Zambian citizen may use adoption as a means of transmitting
Zambian citizenship to their children or relative. The Parliamentary Committee agreed with
this concern and recommended that the Citizenship Board of Zambia consider the child’s
background and particularly their relationship with the adopting parent.146 These concerns
have not yet been reflected in legislation. They are likely, however, to shape future changes
in Zambia’s citizenship laws.
Computing time regarding the entitlement for eligibility to register as a citizen under
the category of residence in Zambia for ten years.
143
National Assembly of the Republic of Zambia, Report of the Committee on National Security and Foreign
Affairs on the Citizenship of Zambia Bill, N.A.B. no. 33 of 2016, for The Fifth Session of The Eleventh National
Assembly, appointed on 24th September 2015, p. 11. Available from
http://www.parliament.gov.zm/sites/default/files/documents/committee_reports/REPORT%20%20ON%20THE
%20CITIZENSHIP%20OF%20ZAMBIA%20BILL%2C%20NO.%2033%20OF%202016_0.pdf (Accessed 23
September 2020).
144
Ibid p. 12
145
Ibid p. 11
146
Ibid, p. 12
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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