Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for protection from expulsion of refugees?

ANALYSIS

Assessment by population

Refugees
Analysis

Several questions relate to the relationship between expulsion and the non-refoulement principle, which will be addressed in the next section. However, the non-refoulement principle also applies to expulsion, and Zambia must ensure that any expulsion procedure does not violate Zambia’s international legal obligations towards the non-refoulement principle, which is domesticated in section 23 2017 Refugees Act.

The Minister of Home Affairs and Internal Security is mandated to order the expulsion of a refugee under section 21(1) and (5) 2017 Refugees Act, but only on the grounds of national security and public order. Both categories should be interpreted strictly, and both constitute high thresholds under Art. 32(2) 1951 Refugee Convention. The 1951 Refugee Convention limits the grounds for expulsion to national security and public order and Zambia has not domesticated any further grounds for expulsion. However, Zambia has not provided any interpretation of either term in law and has not adopted any criteria or thresholds for either ground for expulsion, which decreases legal certainty and consistency and could result in protection gaps due to arbitrary or disproportionate expulsion of recognized refugees. This is further exacerbated by the absence of criteria, thresholds or standards for “compelling reasons of national security”, which even allows for expulsion without submission of evidence or representation by the person concerned, in extraordinary circumstances under section 23(6) 2017 Refugees Act in line with article 32(2) 1951 Refugee Convention. In practice, UNHCR has observed expulsion cases where the relevant procedural standards were not adhered to, which is enabled by the absence of an established threshold for threat to national security and public order in line with the Convention. Furthermore, the section does not explicitly acknowledge that expulsion shall not result in revocation or ending refugee status in any other way outside the established procedures for revocation, cancellation and cessation.

Procedurally, the Minister is required under section 21(2) and (3) 2017 Refugees Act to serve a notice on the refugee subject to removal or expulsion of the intention to do so and allow such person, within 14 days of receiving such notice, to make representations either in person or through a legal practitioner or the UNHCR, giving reasons why he/she should not be expelled, and the Minister is mandated to consider the representation made against the expulsion, which shall act as a Stay of the Minister’s decision to remove a refugee. Nevertheless, the due process standards in such proceedings are very limited due to the absence of independent and impartial administrative or judicial appeal and the lack of a right to free legal representation. While there are already no criteria, standards or thresholds for expulsion grounds, there are also no independent safeguards or grievance mechanisms to prevent disproportionate or arbitrary expulsion, since the appeal on the expulsion is to the Minister, who has already decided on the expulsion order itself. There is no designated avenue for judicial review for expulsion orders outside habeas corpus applications. Most importantly, there are also no safeguards or grievance mechanisms or avenues for judicial review for persons who cannot present evidence due to compelling reasons of national security. Furthermore, there is no provision that a person who has been served with an expulsion order has a right to free legal representation, further exacerbating constraints on due process.

The 2017 Refugees Act offers an additional layer of protection in circumstances where the Minister exercises his powers under section 21(3) to order the expulsion of a refugee; it gives power to the Minister to delay the removal of that person from the territory for a reasonable period to allow him/her to seek admission to a country other than to which it seeks to expel that person under section 21(7) and section 22(4) and (5). This is in line with Zambia’s international legal obligations under article 32(3) 1951 Refugee Convention. However, the 1951 Refugee Convention creates an obligation on Zambia to allow the person who is about to be expelled this opportunity, while section 21(7) 2017 Refugees Act leaves this discretion to the Minister, without creating a right for the person who is about to be expelled.

Article 13 Zambian Constitution permits the deprivation of a person's liberty unless it is for purposes of preventing the unlawful entry of that person into Zambia, or to effect the expulsion, extradition or other lawful removal of a person from Zambia. Under section 22(1) to (3) 2017 Refugees Act, a person awaiting expulsion may be detained at a correctional facility or police station for prolonged periods pending their removal. While it is provided that a person awaiting expulsion is treated like a person awaiting trial (section 22(3)), it is unclear which safeguards this provision entails and which safeguards are afforded to persons in detention awaiting expulsion at all. There are no time limits to detention, there is no specific provision for the judicial review of detention or other safeguards and there are no specific procedures for children or persons with disabilities. Furthermore, although there should be separation between refugees awaiting expulsion and convicts, as the refugee should be treated like a person awaiting trial, this is not always implemented in practice. All these aspects create significant risks of prolonged detention without judicial review in general and specifically on the probability that the persons concerned will be expelled, potentially resulting in disproportionate detention. 

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    Section 21 - Expulsion of recognised refugee

    21. (1) The Minister may order the expulsion of a recognised refugee from Zambia if the Minister considers that the expulsion is necessary or desirable on the grounds of national security or public order. (2) The Minister shall, before making an order under subsection (1), cause a written notice to be served upon the recognised refugee informing that recognised refugee of— (a) the intention to expel that recognised refugee, stating the grounds for the expulsion; and (b) the representation that the recognised refugee may make to the Minister against the expulsion in terms of subsection (3). (3) A recognised refugee upon whom a notice is served under subsection (2) may, in person or through a legal practitioner or the United Nations High Commissioner for Refugees, within fourteen days from the date of the service of the notice, make representations against the expulsion, in writing, to the Minister. (4) Where a recognised refugee makes representations to the Minister under subsection (3), the Minister shall, before ordering the expulsion of that recognised refugee from Zambia, consider the representations made and determine whether the recognised refugee should be expelled in accordance with the order made under subsection (1) or withdraw the order. (5) Where a representation is made by a recognised refugee under subsection (3), the order for the expulsion of that recognised refugee shall be suspended pending the determination of the Minister. (6) Despite the provisions of this section, a refugee who is considered to be a danger to national security or public order under subsection (1) is not entitled to make representations if there are compelling reasons on grounds of national security. (7) The execution of an order for the expulsion of a recognised refugee under this section may be delayed for a reasonable period to enable the recognised refugee to seek admission to a country other than the country to which it is proposed to expel that refugee.

    Section 22 - Detention of refugee pending expulsion

    22. (1) An authorised officer may arrest and detain a recognised refugee whose expulsion has been ordered under section 21, pending the completion of arrangements for the expulsion of that recognised refugee from Zambia. (2) An officer-in-charge of a correctional centre or police station shall, when required, in writing, by an authorised officer receive into custody and retain in custody a recognised refugee detained or to be detained in terms of subsection (1). (3) A recognised refugee detained in a correctional centre or police station under this section shall be treated as a person awaiting trial. (4) A recognised refugee who is detained under this section may, if that recognised refugee so requests, be allowed a reasonable time not exceeding three months, and be afforded reasonable facilities to seek admission to a country other than the country to which that recognised refugee is to be expelled. (5) The Minister may, where a refugee applies for admission to another country under subsection (4), extend the three months' period referred to in that subsection if satisfied that there is a reasonable likelihood of the recognised refugee being admitted to the country of the recognised refugee's choice within that extended period. (6) In this section, "correctional centre" means a building, enclosure or place or part of the building, enclosure or place declared to be a correctional facility in the law relating to prisoners, and includes a correctional centre established for children in conflict with the law.

    Section 30 - Freedom of person

    30. A recognised refugee has the right to freedom of the person, which includes the right not to be deprived of that freedom arbitrarily.

    Section 31 - Security of person and protection from inhuman treatment

    31. (1) A recognised refugee has the right to security of the person, which includes the right not to be subjected to human trafficking. (2) A recognised refugee has the right not to be— (a) subjected to torture; or (b) treated or punished in a cruel, inhuman or degrading manner.

    The 1951 Refugee Convention and 1967 Protocol relating to the Status of Refugees

    Legal provision

    Article 32 - Expulsion

    1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. 2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority. 3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.

    Zambia's Constitution of 1991 with Amendments through 2016

    Legal provision

    Article 13: Protection of Right to Personal Liberty

    (1) No person shall be deprived of his personal liberty except as may be authorised by law in any of the following cases: (a) in execution of a sentence or order of a court, whether established for Zambia or some other country, in respect of a criminal offence of which he has been convicted; (b) in execution of an order of a court of record punishing him for contempt of that court or of a court inferior to it; (c) in execution of an order of a court made to secure the fulfilment of any obligation imposed on him by law; (d) for the purpose of bringing him before a court in execution of an order of a court; (e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia; (f) under an order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years; (g) for the purpose of preventing the spread of an infectious or contagious disease; (h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community; (i) for the purpose of preventing the unlawful entry of that person into Zambia, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Zambia or for the purpose of restricting that person while he is being conveyed through Zambia in the course of his extradition or removal as a convicted prisoner from one country to another; or (j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within Zambia or prohibiting him from being within such area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of Zambia in which, in consequence of any such order, his presence would otherwise be unlawful. (2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention. (3) Any person who is arrested or detained— (a) for the purpose of bringing him before a court in execution of an order of a court; or (b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law in force in Zambia; and who is not released, shall be brought without undue delay before a court; and if any person arrested or detained under paragraph (b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial. (4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.