Report on Citizenship Law: Zambia
in Zambia by virtue of being granted asylum as a refugee. The Refugees Act, 2017148
provides for cessation of one’s status as a refugee upon acquisition of Zambian citizenship.149
It also provides that:
“The Commissioner shall assist a person who has ceased to be recognised
refugee who has met the conditions for the acquisition of Zambian citizenship
to acquire citizenship.”150
On the other hand, the requirement that residence in Zambia be under a permit suggests that
refugees may not be eligible since their residence in Zambia is no strictly by virtue of a
permit. The Immigration and Deportation Act, 2010151 does allow the Department of
Immigrations to issue a permit to an asylum seeker or a person seeking refuge.152 However,
this permit is for a limited time and does not appear to extend to the time a refugee is granted
asylum.153 In fact, once asylum is granted, the refugee is granted an identity document154 and
a permit155 by the Commissioner of Refugees by virtue of which the person’s residence in
Zambia is authorised. Since this law is fairly new, there is little literature or court decisions
on the issue to shed some light on how this issue will be resolved in future. In practice, it
appears that refugees do not become eligible to apply for citizenship as a consequence of
residence in Zambia for 10 years unless they first transition to the status of permanent
residence.
4.4 Expatriates
Under the 2016 Constitutional regime, the status and rights of expatriates depend on whether
they hold Zambian citizenship. If they do, their status and rights are the same as Zambian
citizens ordinarily resident in Zambia except where such status and rights are limited or
otherwise affected by their geographical location.
5. Conclusions
In conclusion, Zambia’s legal regime regulating citizenship has undergone significant
transformation. This transformation coincided with Zambia’s transition from a territory
inhabited by several tribes, which are groups of people organised around a common ethnic
origin, to a British protectorate and then an independent nation. At independence, the focus of
the citizenship policy was to carve out a distinct Zambian citizenship distinct from the settler
community. Subsequent constitutional regimes expanded on the concept of citizenship by
entitling people resident in Zambia for at least 10 years to apply for citizenship and
148
Act Number 1 of 2017
Section 20(1) (c) of the Refugees Act, 2017
150
Section 49(2) of the Refugee Act, Number 1 of 2017
151
Act Number 18 of 2010
152
Section 31(1) of the Immigration and Deportations Act, 2010
153
See section 31(3) of the Immigration and Deportations Act, 2010
154
Section 51 of Refugees Act, 2017
155
Section 71 (3) of the Refugees Act, 2017
149
RSCAS/GLOBALCIT-CR 2020/14 - © 2020 Author(s)
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