Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for the cessation of refugee status?

ANALYSIS

Assessment by population

Refugees
Analysis

Section 20(1) 2017 Refugees Act sets out the grounds on which a person ceases to be a refugee in Zambia and is largely modelled on article 1C 1951 Refugee Convention and article I(4) 1969 OAU Refugee Convention. In line with article 1C(1) and (2) 1951 Refugee Convention and article I(4)(a) and (b) 1969 OAU Refugee Convention, a person ceases to be a refugee if they voluntarily re-avail themselves of the protection of their country of nationality (section 20(1)(a) 2017 Refugees Act) or voluntarily reacquire a nationality they had lost (section 20(1)(b)). Reflecting article 1C(3) 1951 Refugee Convention and article I(4)(c) 1969 OAU Refugee Convention respectively, cessation also applies where a person acquires a new nationality and enjoys its protection, with the Act expressly including the acquisition of Zambian citizenship (section 20(1)(c)). In line with article 1C(4) 1951 Refugee Convention and article I(4)(d) 1969 OAU Refugee Convention, a person ceases to be a refugee if they voluntarily re-establish themselves in the country they left, with the Act incorporating the grounds of flight under article I(2) 1969 OAU Refugee Convention, namely external aggression, occupation, foreign domination or serious disturbance of public order (section 20(1)(d)). Finally, section 20(1)(g) 2017 Refugees Act aligns with article 1C(5) 1951 Refugee Convention and article I(4)(e) 1969 OAU Refugee Convention, providing for cessation where a person can no longer refuse the protection of their country of nationality because the circumstances in connection with which they were recognized have ceased to exist, while section 20(2) incorporates the exception for compelling reasons arising from previous persecution. The cessation provisions under the 2017 Refugees Act are therefore modelled on international law, while adapting it to the domestic context.

The grounds for cessation outlined in section 20(1) 2017 Refugees Act are largely in line with article 1C 1951 Refugee Convention and article I(4) 1969 OAU Refugee Convention. However, section 20(1)(f) 2017 Refugees Act deviates from both Conventions, as it duplicates the grounds for revocation and cancellation already established under section 17(1), thereby blurring the distinction between the different pathways for ending refugee status and obscuring the procedures and safeguards applicable to each. This is compounded by circular cross-referencing between the two provisions: section 20(1)(f) 2017 Refugees Act refers to revocation and cancellation under section 17, while section 17(1)(d) in turn refers to cessation under section 20. Although section 17(1)(d) 2017 Refugees Act could be read as establishing a procedure for cessation, it appears to relate only to section 20(1)(f), so the law does not provide a clear procedure for the other cessation grounds and, consequently, no relevant safeguards. As a result, refugees whose status is ended through cessation face legal uncertainty as to the applicable procedure and lack the procedural guarantees required to ensure that cessation is applied restrictively and in line with international standards. Furthermore, section 20(1)(e) 2017 Refugees Act provides for cessation where a person voluntarily re-establishes themselves in a country other than their country of nationality, a ground that has no equivalent in article 1C 1951 Refugee Convention or article I(4) 1969 OAU Refugee Convention. As re-establishment in a third country does not necessarily mean that the person has obtained effective protection there or no longer needs international protection, this provision expands the cessation grounds beyond international standards and risks ending refugee status for persons who remain in need of protection. The 2017 Refugees Act does not align with cessation from recognition for persons without a nationality as provided under article 1C(6) 1951 Refugee Convention, which could create a legal gap for the assessment of cessation of stateless persons.

    LAW & POLICY

    Related provisions of domestic law or policy

    THE REFUGEES ACT, 2017

    Legal provision

    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.

    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.

    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.

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

    Legal provision

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

    C. This Convention shall cease to apply to any person falling under the terms of section A if: (1) He has voluntarily re-availed himself of the protection of the country of his nationality; or (2) Having lost his nationality, he has voluntarily re-acquired it; or (3) He has acquired a new nationality, and enjoys the protection of the country of his new nationality; or (4) He has voluntarily re-established himself in the country which he left or outside which he remained owing to fear of persecution; or (5) He can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality; (6) Being a person who has no nationality he is, because of the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence; Provided that this paragraph shall not apply to a refugee falling under section A (1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to return to the country of his former habitual residence.