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1990, until it was repealed and replaced in 2016.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)
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