Report on Citizenship Law: Zambia 2.2.3 Citizenship at birth The Constitution attributed citizenship at birth to everyone born in the territory after 23rd October 1964, with only the common exceptions for those born to foreign envoys or to parents whose citizenship is with a country with which Zambia is at war.20 The Citizenship Act provided that, in determining where a person born, the general rule was that the person would be taken to have been born in the country within whose borders they were born. The exception to the rule was that where a person was born on a ship or aircraft, if such vessel was registered or, though unregistered owned by the government of a country, then the person would be deemed to be born in the country where such vessel was registered and if unregistered, the country whose government owned it.21 What is important to note about this provision is that an entitlement to citizenship was based solely on birth in the territory and did not require proof of descent from a person who had acquired citizenship at independence; nor was it tied to any ethnicity or tribal affiliation. A person born outside Zambia became a citizen at the date of birth only if the father was a citizen, and only if the father had not also been born outside the territory.22 Finally, where having a parent as a resident or citizen of Zambia was a requirement for eligibility to citizenship, such as under the citizenship at birth category, where the relevant parent had died before 23rd October 1964, their citizenship or residence would be determined as at the date of their death.23 2.2.4 Citizenship by adoption Although the 1964 Constitution did not expressly mention the fact that children adopted by Zambian citizens became Zambian citizens, the Citizenship Act, 1964 made such a provision.24 Under the Citizenship of Zambia Act, 1964, a non-citizen child who was adopted would become a citizen by adoption on the date of the adoption if, in the case where there was a single adopter, the adopter was a Zambian citizen, and in the case of joint adopters, if the male among the adopters, was a Zambian citizen.25 2.2.5 Citizenship by registration The 1964 Constitution also created a category of citizenship by registration, which was an entitlement for people meeting set criteria upon application. The categories of people allowed to register were women married to Zambian citizens and those who were Commonwealth citizens or citizens of African countries: A woman married to either (i) a person recognised as a citizen by birth on 24th October 1964; or (ii) a person who died before 24th October 1964 but would have, but for 20 Independence Constitution, Art. 5 Citizenship of Zambia Act 1964, section 12(2). 22 Independence Constitution, Art.6. 23 Independence Constitution, Art 12(3) 24 Section 3 of the Citizenship of Zambia Act, 1964 25 Ibid 21 RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s) 5