Related documents
- Repeals Refugees (Control) Act, 1970
Zambia
Refugees Act, 2017
Act 1 of 2017
- Published in Government Gazette 6565 on 13 April 2017
- Assented to on 12 April 2017
- Commenced on 13 April 2017
- [This is the version of this document from 13 April 2017.]
Part I – Preliminary Provisions
1. Short title
This Act may be cited as the Refugees Act, 2017.2. Interpretation
Part II – The Commissioner for Refugees
3. Establishment of Office for Commissioner for Refugees
4. Functions of Commissioner
5. Establishment of Refugee Status Determination Commitee
6. Functions of Committee
The functions of the Committee are to—7. Sub-committees
8. Authorised officers
Part III – Recognition of refugees
9. Designation of refugee resettlements
10. Restrictions relating to refugee settlements
11. Application for the recognition as refugee
12. Consideration of application by Committee
13. Recognition of refugees
The Commissioner may, after considering the recommendation of the Committee made pursuant to section 12 on an application, recognise the applicant as a refugee if the applicant meets the requirements of this Act and shall, within seven days of the decision, inform the applicant accordingly, in writing.14 Exclusion or refusal to grant recognition as refugee
15. Appeal against refusal of grant of recognition as refugee
16. Declaration of refugee status by statutory order
17. Cancellation or revocation of recognition
18. Appeal against cancellation or revocation of recognition
19. Effect of cancellation or revocation of recognition
20. Cessation of recognition
21. Expulsion of recognised refugee
22. Detention of refugee pending expulsion
23. Publication of expulsion, extradition or refusal of entry of asylum seeker or refugee
24. Register of refugees
The Commissioner shall establish and maintain a register which shall indicate—Part IV – Rights and duties of recognised refugees
25. Rights and duties of recognised refugees
26. Provisional measures for national security
Nothing in this Act shall prevent the Minister, in time of war or other grave and exceptional circumstances, from taking provisional measures which are considered to be essential to national security in the case of a particular person pending a determination that the person is in fact a refugee and that the continuance of such measures is necessary in that person’s case in the interest of national security.27. Maintenance of public order
A recognised refugee shall comply with the written laws and the measures taken for the maintenance of public order.28. Right to life
A recognised refugee has the right to life.29. Non discrimination
A recognised refugee shall not be discriminated against based on birth, race, sex, origin, nationality, colour, age, disability, religion, conscience, belief, culture, language, tribe, health, pregnancy or marital, ethnic, social or economic status.30. Freedom of person
A recognised refugee has the right to freedom of the person, which includes the right not to be deprived of that freedom arbitrarily.31. Security of person and protection from inhuman treatment
32. Protection from slavery, servitude and forced labour
33. Protection of privacy of person, home, property and communication
Subject to section 8, a recognised refugee has the right to privacy, which includes the right not to—34. Freedom of conscience, belief and religion
35. Freedom of expression
36. Freedom of association and assembly
37. Personal status
38. Settlement
The Minister shall endeavour, consistent with the Constitution and other laws, to secure the settlement of refugees in Zambia.[Cap. 1]39. Acquisition of moveable property
40. Access to courts
41. Employment and study permits
42. Self-employment
A recognised refugee has the right to establish commercial and industrial companies in accordance with the Immigration and Deportation Act, 2010, and any other written law, and to engage in Act No, 18 self-employments in agriculture, industry, handicrafts, commerce and of 2010 other activities.43. Practice of professions
A recognised refugee who holds an educational qualification recognised by the relevant competent authorities, and who is desirous of practising a profession, has the right to choose a trade, an occupation or a profession, subject to limitations imposed by law.44. Rationing of supplies
The Government shall, where a rationing system exists, which applies to the population at large and regulates the general distribution of products in short supply, accord recognised refugees the same treatment as citizens.45. Residence in Zambia
46. Prohibition of proceedings against refugees
Despite the provisions of Part V of the Immigration and Deportation Act, 2010, proceedings for unlawful entry or presence in Zambia shall not be instituted or continued against a person or a dependant of that person who enters or is present in Zambia without lawful authority if that person—47. Administrative assistance
48. Fiscal charges
49. Naturalisation
50. Travel documentations
51. Identity documents
The Commissioner may issue identity documents to a recognised refugee for purposes of movements within Zambia.52. Transfer of assets
53. Refugee women and children
54. Vulnerable groups
The Commissioner shall ensure that measures are taken, having regard to the specific nature of every situation, to ensure the safety of asylum seekers and refugees who suffer from physical or mental disability and persons or groups of persons who have been traumatised or otherwise require special protection, at all times during admission into and residence in refugee reception areas or refugee settlements.Part V – The Refugees Fund
55. Establishment of Refugees Fund
56. Administration of Fund
57. Accounts and Audit
58. Annual report and statement of income and expenditure
Part VI – Offences and penalties
59. Restrictions on possessions of weapon, firearm or ammunition by refugee
60. Sending of offensive messages on radio apparatus and electronic communication
61. Prohibition of inciting or engaging in war activity
A refugee, whether recognised or not, shall not engage in an activity which is intended to incite another person to war or to perpetrate war or civil strife in another country.62. False declaration
A person shall not—63. Residence outside refugee settlement and illegal residence
A refugee or recognised refugee commits an offence who—64. Failure to apply for recognition
An asylum seeker who, upon entering Zambia with intention to seek asylum, fails to report immediately to a refugee officer or authorised officer to register and submit an application for recognition as a refugee commits an offence.65. Forging altercation, destruction and unlawful possession of identification documents
66. Alteration and destruction of register
A person commits an offence who—67. Obstruction of officer
68. Disclose of confidential information
A person who—69. General penalty
A person who commits an offence under this Act for which a penalty is not specifically provided is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or imprisonment for a term not exceeding four years, or to both.Part VII – General provisions
70. Places of entry or departure
71. Recruitment to reside in reception area or refugee settlement
72. Regulations
73. Repeal of Cap. 120
The Refugees (Control) Act, 1970, is repealed.History of this document
13 April 2017 this version
Commenced
12 April 2017
Assented to
Cited documents 2
Act 2
1. | Environmental Management Act, 2011 | 18 citations |
2. | Constitution of Zambia Act, 1991 | 9 citations |
Documents citing this one 3
Gazette 3
1. | Zambia Government Gazette dated 2021-09-24 number 7039 | |
2. | Zambia Government Gazette dated 2024-08-30 number 7635 | |
3. | Zambia Government Gazette dated 2024-09-13 number 7640 |