Report on Citizenship Law: Zambia The Citizenship of Zambia Act 1975 remained in force, as amended in 1986 and 1990, until it was repealed and replaced in 2016. 3. The Current Citizenship Regime The next changes to the law on citizenship in Zambia were introduced by the 2016 Constitution and the Citizenship of Zambia Act No. 33 of 2016. These changes were preceded by heavy political discussion around the issue of dual citizenship.100 The discussion was led and dominated by Zambians in the diaspora who sought to participate in Zambia’s political discourse and enjoy its natural resources. The amendments to the concept of citizenship reflected this dialogue but still extended far beyond the issue of dual citizenship. The 2016 Constitution maintains the citizenships of all who are citizens as of 5th January 2016 when it came into force.101 In addition, the three general categories of citizenship, that is by: (a) birth; (b) adoption; and (c) registration are also maintained.102 Overall, the changes introduced by the 2016 Constitution relate to (a) the role of the President and Parliament in granting citizenship; (b) changes to citizenship by birth; (c) introduction of citizenship by adoption in the constitution itself; (d) alterations to the eligibility criteria for citizenship by registration; (e) the toleration for dual citizenship; and (f) reducing the grounds on which citizenship can be lost. 3.1 The role of the President/Parliament in granting citizenship Under the previous constitutional regimes, the President of the Republic of Zambia had power to grant citizenship to people otherwise not eligible. This power no longer exists under the 2016 Constitution. However, people granted citizenship by the President before 5th January 2016 will still enjoy this citizenship.103 3.2 A new distinction between citizenship by birth and by descent The 2016 Constitution continues to provide that all children born in or outside Zambia become citizens at birth if one parent is a citizen.104 However, the 2016 Constitution creates new categories of ‘citizenship by birth’ for those born in the country and ‘citizenship by descent’ for those born out of Zambian to Zambian citizens.105 Such people were not given different labels in the preceding 100 UPND-UK Chapter, (2015) PF Stop Hypocrisy-Dual Citizenship A Must In 2015/16. Available from https://web.facebook.com/UPNDUKTEAM/photos/pf-stop-hypocrisy-dual-citizenship-a-must-in201516parliament-heard-yesterday-th/1556714047941888/?_rdc=1&_rdr Accessed 19 September 2020 101 Constitution of Zambia 2016, Article 33 102 Constitution of Zambia 2016, Article 34 103 Article 33 of the Constitution of Zambia, 2016 104 Constitution of Zambia 2016, Arts.35(1) and 36. 105 Per Article 36 RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s) 15

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