Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for a legal status to refugees, authorizing them to stay in the country?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Analysis

Section 45(1)(a) and (3) 2017 Refugees Act creates a right for recognized refugees and any dependent, even after ceasing to be a dependent or a spouse of a recognized refugee (section 45(4) and (5)), to remain in Zambia and under section 45(1)(b) creates the right to be issued an identity document (Refugee identity document and Refugee certificate in practice) to attest to and safeguard their legal status. The 2026 Immigration Control Act requires refugees to remain in settlements unless issued with specific documentation (section 23(3)), while the 2017 Refugees Act mandates the Minister to prescribe a settlement policy (section 9), without requiring refugees to reside in a settlement by law. Refugee status is not limited in time in Zambia, unless cancelled, revoked or ceased in accordance with section 17, 19 and 20 2017 Refugees Act. There are no administrative requirements or fees creating barriers to legal status or authorization to stay in the country since the issuance of the refugee certificate and the refugee identity document is free in practice. The law also does not warrant any different treatment among different groups or based on age, gender or nationality, although difference in treatment for LGBTQI* refugees can be observed in practice. LGBTQI* refugees sometimes face issues renewing their documentation or being pressured to leave the country outside the established procedures for ending refugee status or expulsion, resulting in discriminatory treatment regarding access to legal status and authorization to remain in Zambia.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE IMMIGRATION CONTROL ACT, 2026

    Legal provision

    Section 23 - Asylum seeker’s permit

    23. (1) The Director-General may issue an asylum seeker’s permit in a prescribed manner and form to a foreigner seeking refuge or asylum in the Republic in accordance with the Refugees Act. (2) Despite the provisions of any other written law, a holder of an asylum seeker’s permit shall, where the holder of the permit does not report to the Commissioner for Refugees or a refugee settlement in accordance with the Refugees Act, within thirty days of the issue of the permit, become an illegal immigrant. (3) Subject to the Refugees Act, a refugee commits an offence if the refugee is found in a place other than a refugee settlement without— (a) a movement pass issued in accordance with the Refugees Act; or (b) an appropriate permit issued under this Act.

    THE REFUGEES ACT, 2017

    Legal provision

    Section 9 - Designation of refugee resettlements

    9. (1) The Minister may, by notice in the Gazette, designate places and areas in Zambia as— (a) refugee reception areas, in which the following persons shall be received and temporarily accommodated: (i) asylum seekers; and (ii) persons who have applied for recognition as refugees under section 11 and dependants of those persons; and (b) refugee settlements, where the following persons shall reside: (i) recognised refugees and their dependants; and (ii) any other class of persons as may be specified in the notice. (2) The Minister may establish, in a refugee reception area or other place, a refugee settlement and appoint a refugee officer to be in charge of that refugee settlement. (3) The Minister may make rules, and the Commissioner may issue directions consistent with the rules, for the control of refugee settlements and the rules and directions may make provision in respect of all or any of the following matters: (a) the organisation, safety, discipline and administration of the refugee settlements; (b) the reception, treatment, health and well-being of refugees; and (c) the powers of refugee officers in respect of the refugee settlements. (4) A refugee officer may give such orders or directions, orally or in writing, to a refugee as may be necessary or expedient to— (a) ensure that a refugee settlement is administered in an orderly and efficient manner; (b) ensure the performance of any work or duty necessary for the maintenance of essential services in a refugee settlement or for the general welfare of the refugees; (c) ensure that all proper precautions are taken to preserve the health and wellbeing of the refugees in the refugee settlement; and (d) preserve orderly conduct and discipline in a refugee settlement. (5) A refugee commits an offence who, in a refugee settlement— (a) disobeys a rule made by the Minister, a direction of the Commissioner or an order or direction of a refugee officer, made or given under this Act; or (b) behaves in a manner prejudicial to good order and discipline in a refugee settlement.

    Section 45 - Residence in Zambia

    45. (1) Subject to the provisions of this Act, a recognised refugee and a dependant of that recognised refugee who has attained the age of sixteen— (a) shall be permitted to remain within Zambia; and (b) shall be issued with an identity card in the prescribed form. (2) A recognised refugee shall keep the identity card issued to that recognised refugee under subsection (1)(b) in one's possession at all times while in Zambia. (3) Subject to the other provisions of this Act, a dependant of a recognised refugee who is below the age of sixteen shall be issued with a refugee identification card and be permitted to enter and remain in Zambia. (4) A dependant of a recognised refugee who is within Zambia in terms of this section and who ceases to be a dependant of the recognised refugee shall, subject to the other provisions of this Act, be permitted to remain within Zambia and shall be entitled to the rights and duties provided for in this Act. (5) Where a recognised refugee dies, divorces or legally separates from the spouse, a person who, immediately before the death, divorce or legal separation, was within Zambia as a dependant of that recognised refugee in terms of this section shall, subject to the other provisions of this Act, be permitted to remain within Zambia. (6) A dependant of a recognised refugee who is permitted to remain in Zambia under this section may apply for recognition as a refugee under section 11.

    Section 17 - Cancellation or revocation of recognition

    17. (1) The Commissioner may request the Committee to cancel or revoke the recognition of a person as a refugee where there are reasonable grounds to believe that the person concerned— (a) has committed an offence under this Act or any other written law; (b) obtained the recognition through fraud, false submission of information or concealment of a material fact; (c) should not have been recognised as a refugee; or (d) has ceased to qualify for recognition as a refugee for the purposes of this Act. (2) The Committee shall, where a matter is referred to it under subsection (1)— (a) cause a written notice to be served upon the person whose status as a refugee is under review— (i) informing that person that the person's recognition as a refugee is to be reviewed; and (ii) inviting that person to make a written representation on the matter to the Committee within fourteen days of the date of receipt of the notice; and (b) inquire into or investigate the matter and make recommendations to the Commissioner as it considers fit. (3) The Commissioner may, after considering the recommendations of the Committee on a matter referred to it under subsection (1), withdraw or uphold the recognition of the person concerned as a refugee. (4) The Commissioner shall, where the Commissioner withdraws the recognition of a person as a refugee, inform that person, in writing, within seven days of the decision and give the reasons for the withdrawal of the recognition.

    Section 19 - Effect of cancellation or revocation of recognition

    19. (1) Where the recognition of a person as a refugee is cancelled or revoked under section 17, that person shall cease to be a recognised refugee and that person's dependant shall cease to be recognised as such under this Act— (a) within seven days from the date of service of the notice of withdrawal of recognition; or (b) where the person has appealed to the Minister under section 18, on the date of receipt of the Minister's notification that the Minister has upheld the decision of the Commissioner to cancel or revoke the recognition as a refugee. (2) Nothing in this Act prevents a dependent of a recognised refugee whose recognition is cancelled or revoked under section 17 from applying for recognition under section 11. (3) The Commissioner shall, in cooperation with the Immigration Department, remove from Zambia a refugee whose recognition has been cancelled or revoked under this section.

    Section 20 - Cessation of recognition

    20. (1) A person shall cease to be a recognised refugee for purposes of this Act if that person— (a) voluntarily reavails oneself of the protection of that person's country of nationality; (b) having lost that person's nationality, voluntarily reacquires it; (c) becomes a citizen of Zambia or acquires the nationality of another country and enjoys the protection of the country of that person's new nationality; (d) voluntarily reestablishes oneself in the country which that person left, or outside of which that person remained owing to a wellfounded fear of persecution, external aggression, occupation, foreign domination or serious disturbance of public order in either part, or the whole, of that country; (e) voluntarily re-establishes oneself in another country other than that person's country of nationality; (f) has had that person's recognition as a refugee cancelled or revoked; or (g) can no longer continue to refuse to benefit from the protection of that person's country of nationality, because the circumstances in connection with which that person was recognised as a refugee have ceased to exist. (2) Subsection (1)(g) shall not apply to a person who demonstrates to the Commissioner that the person has compelling reasons, arising from previous persecution, for refusing to avail oneself to the protection of that person's country of nationality, or to return to that person's country of nationality.