Report on Citizenship Law: Zambia
3.4 Citizenship by adoption
Although a right to be registered as a citizen was extended to children adopted by Zambian
parents in Zambia under the Citizenship of Zambia Acts, 1964 and 1975, this right did not
exist in the text of the respective Constitutions. This now has been changed because the 2016
Constitution sets out a right to registration as a citizen by adoption.113 In addition, the 2016
Constitution does away with the gender discrimination of the 1964 Citizenship Act and the
1975 Citizenship Act by allowing citizenship to be passed on to an adopted child whenever a
citizen adopts such a child, without the qualification that the man must be a citizen in cases of
joint adoptions.
3.5 Changes to the eligibility criteria for citizenship by registration
As regards eligibility for registration as a citizen, the 2016 Constitution introduced some
changes by, first, removing the gendered language in the previous constitutional regimes in
relation to citizenship based on marriage; and secondly in creating new categories of people
who can register as citizens which restore some limited rights based on birth in Zambia. The
Constitution also lowered the age at which a person can independently apply for citizenship
from 21 years under the previous constitutions to 18 years.
The 2016 Constitution extends an entitlement to apply for registration as a citizen for
all people married to Zambian citizens for at least 5 years114, not only women as was the case
in the preceding constitutions, and whether nor not they are resident in Zambia. This makes
this Constitution the first to include gender-neutral language in relation to eligibility to apply
for registration as a citizen based on marriage.
However, although the 2016 Constitution creates a right to apply for registration, it is
unclear whether the Citizenship Board has an obligation to register the person on proof that
they fall within one of the eligible categories. The Citizenship Board can reject the
application it finds that the applicant: (a) submitted false information or made a false
statement in the application; (b) concealed a material fact relevant for purposes of registration
as a citizen; (c) committed an act of fraud for purposes of acquisition of citizenship; (d)
altered or falsified a document required for registration of citizenship; (e) has been convicted
of an offence and sentenced to imprisonment; (f) is an adjudged bankrupt; (g) has been
declared a prohibited immigrant;115 or if it is not in the interests of the public to register the
applicant as a citizen.116 The Citizenship of Zambia Regulations, 2017117 also adds that
application can be rejected only if the conditions in the Constitution of Zambia, 2016 or the
Citizenship of Zambia Act, 2016 are not met118 which may apply to instances where
ineligible people file an application for registration as a citizen. The fact that the statute
creates a closed list of grounds on which registration as a citizen can be denied can be viewed
113
Articles 34 and 38 of the Constitution of Zambia
Article 37(2) of the Constitution
115
Section 21(1) of the Citizenship Act, 2016
116
Section 21(2) of the Citizenship Act, 2016
117
Statutory Instrument Number 50 of 2016
118
Regulation 6(2) of the Citizenship of Zambia Regulations, 2017
114
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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