Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

The 2017 Refugees Act domesticates the inclusion criteria under article 1A 1951 Refugee Convention, which are complemented by the definition under article I(2) 1969 OAU Refugee Convention.

The 2017 Refugees Act defines a refugee in section 2 as “a person who, owing to:
(a) a well-founded fear of being persecuted for reasons of race, religious beliefs, nationality, membership of a particular social group or political opinion is outside the country of nationality and is unable, or owing to that fear is unwilling, to be protected by that country;
(b) not having a nationality and being outside the country of that person’s former habitual residence is— (i) unable to return to that country; or (ii) unwilling to return to that country due to a well-founded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion;                       
(c) external aggression, occupation, foreign domination or serious disturbance of public order in part or the whole of that person’s country of origin or nationality, is compelled to leave that person’s place of habitual residence in order to seek refuge in a place outside that person’s country of origin or nationality; or
(d) internal conflict, generalized violence, massive violation of human rights or other circumstances that have seriously disturbed public order in that person’s country of origin, that person’s life, safety or freedom has been threatened.”

As previously mentioned, the refugee definition under the 2017 Refugees Act domesticates the 1951 Refugee Convention and 1969 OAU Refugee Convention close to literally in section 2(a) to (c). Under section 2(d) 2017 Refugees Act, the refugee definition includes internal conflict, generalized violence, massive human rights violations or other circumstances seriously disturbing public order, which in parts overlaps with the refugee definition under the 1969 OAU Refugee Convention. However, in contrast to “being compelled to leave” under the 1969 OAU Refugee Convention, which might allow for a wider discretion in the intent to flee, the definition under section 2(d) 2017 Refugees Act requires these circumstances to threaten life, safety or freedom of the person. However, the definition considers severe and aggravated human rights violations, which might not be covered by the 1969 OAU Refugee Convention definition and might be wider than the 1951 Refugee Convention definition since the threat to life, safety or freedom does not need to relate to persecution based on the Convention grounds. Therefore, the definitions of the 1951 Refugee Convention and the 1969 OAU Refugee Convention could be complemented by a wider domestic definition. Nevertheless, this category would require further doctrinal definition and distinction from the other definitions by the government or legal scholars.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    Section 2(1) - Interpretation

    "refugee" means a person who owing to— (a) a well-founded fear of being persecuted for reasons of race, religious beliefs, nationality, membership of a particular social group or political opinion is outside the country of nationality and is unable, or owing to that fear is unwilling, to be protected by that country; (b) not having a nationality and being outside the country of that person's former habitual residence is— (i) unable to return to that country; or (ii) unwilling to return to that country due to a well-founded fear of being persecuted for reasons of race, religion, membership of a particular social group or political opinion; (c) external aggression, occupation, foreign domination or serious disturbance of public order in part or the whole of that person's country of origin or nationality, is compelled to leave that person's place of habitual residence in order to seek refuge in a place outside that person's country of origin or nationality; or (d) internal conflict, generalised violence, massive violation of human rights or other circumstances that have seriously disturbed public order in that person's country of origin, that person's life, safety or freedom has been threatened;

    Convention Governing the Specific Aspects of Refugee Problems in Africa

    Legal provision

    Article 1(2) - Definition of the term "Refugee"

    2. The term "refugee" shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.

    Article 1(4) - Definition of the term "Refugee"

    4. This Convention shall cease to apply to any refugee if: (a) he has voluntarily re-availed himself of the protection of the country of his nationality, or, (b) having lost his nationality, he has voluntarily reacquired it, or, (c) he has acquired a new nationality, and enjoys the protection of the country of his new nationality, or, (d) he has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution, or, (e) he can no longer, because the circumstances in connection with which he was recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality, or, (f) he has committed a serious non-political crime outside his country of refuge after his admission to that country as a refugee, or, (g) he has seriously infringed the purposes and objectives of this Convention.

    Article 1(5) - Definition of the term "Refugee"

    5. The provisions of this Convention shall not apply to any person with respect to whom the country of asylum has serious reasons for considering that: (a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; (b) he committed a serious non-political crime outside the country of refuge prior to his admission to that country as a refugee; (c) he has been guilty of acts contrary to the purposes and principles of the Organization of African Unity; (d) he has been guilty of acts contrary to the purposes and principles of the United Nations.

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

    Legal provision

    Article 1(A) - Definition of the term "refugee"

    A. For the purposes of the present Convention, the term "refugee" shall apply to any person who: (1) Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization; Decisions of non-eligibility taken by the International Refugee Organization during the period of its activities shall not prevent the status of refugee being accorded to persons who fulfil the conditions of paragraph 2 of this section; (2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. In the case of a person who has more than one nationality, the term "the country of his nationality" shall mean each of the countries of which he is a national, and a person shall not be deemed to be lacking the protection of the country of his nationality if, without any valid reason based on well-founded fear, he has not availed himself of the protection of one of the countries of which he is a national.