Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide access to asylum procedures for people seeking asylum?

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

Section 11(1) 2017 Refugees Act establishes the right of an asylum seeker or a person in need of international protection to seek asylum with the Office of the Commissioner for Refugees (COR). The norm mentions asylum seekers and persons in need of international protection separately, which could either mean Zambia is recognizing that asylum seeker is a declaratory category since the person is already an asylum seeker when formally seeking asylum, or asylum seeker refers to persons issued with an asylum seekers permit by the Department of Immigration. Therefore, domestic law provides access to asylum procedures under the limits outlined in the previous question. Under section 4(2) 2017 Refugees Act, COR is mandated to receive and process applications for asylum, while section 4(2) mandates COR to issue identity documents. However, the procedural safeguards for asylum seekers regarding effective access to asylum or the procedure outlined in the law remain limited, only outlining the procedure of the Refugee Status Determination (RSD) between COR and the RSD Committee and the timelines for the respective entity to take a decision. However, since there is no grievance mechanism in case the deadline for the RSD assessment is not met, the effective access to asylum procedures is not safeguarded in the law.

There is no dedicated admissibility assessment before the merits as part of the RSD assessment. However, there are three grounds under section 14(3) 2017 Refugees Act, which can be considered as part of an admissibility assessment. The provision bars refugee status for dual nationals who could have sought protection from another country of nationality, persons already granted asylum elsewhere (unless fleeing a serious breach of peace), and persons who transited other countries without reasonable cause for not seeking asylum there. This norm is broadly in line with international standards. Nevertheless, the second and third grounds would leave a wide discretion and without further concretization they can hinder access to asylum and lead to arbitrary rejection at the admissibility stage. There are no registration requirements or fees barring persons from seeking asylum.

However, the process is lengthy due to the dual responsibility of the Eligibility Officer and the Commissioner as well as the RSD Committee being involved in the RSD decision. This is furthermore exacerbated by the recently introduced Registration policy, which requires asylum seekers to seek asylum in the settlement closest to the point of entry. The new policy requires the RSD Committee to travel to each settlement to finalize RSD decisions, resulting in longer RSD processing times. Only persons entering Zambia through Kenneth Kaunda International Airport can seek asylum in Lusaka. Furthermore, the provision of relevant information on the RSD process, procedural safeguards and grievance mechanisms does not exist, while deadlines for RSD decisions are not enforced and cannot be enforced by asylum seekers.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    Section 14(3) - Exclusion or refusal to grant recognition as refugee

    14.(3) The Commissioner shall not grant a person or asylum seeker refugee status under this Act if that person or asylum seeker— (a) having more than one nationality, had not availed oneself of the protection of one of the countries of which the person is a national, and has no valid reason, based on well-founded fear of persecution; (b) has been granted refugee status or asylum in another country before that person's entry into Zambia, except that a person arriving from a territory where there has been serious breach of peace shall have that person's application for asylum considered; and (c) has before that person's entry into Zambia transited through one or more countries and is unable to show reasonable cause for failure to seek asylum in those countries.

    Section 4(2) - Functions of Commissioner

    4.(2) Without prejudice to the generality of subsection (1), the functions of the Commissioner are to— (a) co-ordinate activities and programmes for refugees and the provision of security, protection and assistance for refugees in refugee settlements; (b) co-ordinate measures necessary for promoting the welfare of refugees and advise the Minister on all matters relating to refugees; (c) manage refugee reception areas, refugee settlements and other facilities for refugees; (d) receive and process applications for the recognition of refugees; (e) issue refugee identification documents and process and recommend applications for the issuance of refugee travel documents; (f) issue movement passes to refugees for travel outside the refugee settlements within Zambia; (g) issue visitors permits for entry into refugee settlements; (h) register and maintain a register of asylum seekers and refugees; (i) ensure that refugee economic and productive activities do not have an adverse effect on host communities or the environment; (j) ensure the sustainable use and sustainable management of the environment in refugee hosting areas; (k) protect and assist vulnerable asylum seekers and refugees, especially women and children; (l) ensure treatment of asylum seekers and refugees in compliance with the law; (m) facilitate the safe return of Zambians living as refugees in other countries; (n) administer and manage the Fund; (o) cooperate with organisations and institutions with similar functions within and outside Zambia; and (p) exercise such other functions as are incidental to the functions of the Commissioner or as may be assigned to the Commissioner by or under this Act.

    Section 4(2)(e) - Functions of Commissioner

    4.(2)(e) issue refugee identification documents and process and recommend applications for the issuance of refugee travel documents;

    Section 11 - Application for recognition as refugee

    11. (1) An asylum seeker or a person who is within Zambia, whether that person has entered Zambia lawfully or otherwise, and wishes to remain in Zambia as a recognised refugee under this Act may, within seven days of entering Zambia, apply for recognition as a refugee to the Commissioner or an authorised officer. (2) The Commissioner or an authorised officer, shall, within thirty days of the receipt of an application made under subsection (1), submit the application to the Committee. (3) An authorised officer to whom an application is made under subsection (1) shall— (a) where the authorised officer is not an immigration officer, within five days of receipt of the application, notify an immigration officer that the applicant is within Zambia and has made the application; and (b) within thirty days of receiving the application, submit the application with any documents or information in support of the application to the Commissioner who shall, upon consideration of the application and determination that it should be referred to the Committee, submit it to the Committee. (4) Despite section 22 of the Immigration and Deportation Act, 2010, or any other written law, a person who applies for recognition as a refugee under this section and a dependant of that person has the right to remain in Zambia— (a) until that person is recognised as a refugee; or (b) where the application for recognition as a refugee is rejected, until that person has had an opportunity to exhaust that person's right of appeal under section 15.

    Section 4(3) - Functions of Commissioner

    4. (3) The Commissioner shall, in the performance of the Commissioner's functions under this Act, be subject to the general or special directions of the Minister that are consistent with the provisions of this Act.

    National Refugee Policy

    Legal provision

    2.2.1 Reception, Admission and Registration

    2.2.1 Reception, Admission and Registration Displaced persons fleeing their country of origin, expect receiving countries to exhibit humanity and protect their rights and freedoms. The Zambian Government has put in place some infrastructure and systems for receiving and admitting asylum seekers and refugees. However, reception and admission of persons coming into the country has been challenging due to inadequate infrastructure and management systems mainly due to low investments especially at entry points. There has been inadequate officers trained in knowledge of refugee matters at frequently used border points and reception centres. This situation increases the chance of refoulement, unfair/unlawful arrests and detentions. In addition, there is limited knowledge among stakeholders that come into contact with refugees. Civil registration and documentation of persons of concern is important because it is the basis upon which a person is identified and granted international protection. Documentation is also critical to accessing social services, enjoying rights and aiding effective planning. The country has been registering persons of concern and issuing them with documents such as, asylum seeker certificates, registration certificates, refugee certificates, refugee identity cards, birth certificates and alien cards. Whereas, the refugee identity cards, birth certificates and alien cards are legal documents, the rest are administrative documents and confer limited rights. In addition, these documents are not aligned with the existing national documentation system, therefore, are not widely known and accepted by law enforcement agencies and other stakeholders. As such, persons of concern holding such documents remain vulnerable, as they have limited access to social services and livelihood opportunities and hence, are susceptible to arrests and detentions.