Date of publication:

10/12/2026

Zambia

Do domestic laws and policies prohibit the penalization of asylum-seekers and refugees for irregular entry or presence?

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

People seeking asylum may cross borders and enter a country without authorization. Article 31(1) 1951 Refugee Convention ensures that refugees can gain access to international protection effectively, without being penalized for breaches of immigration and other laws, provided they have come directly from a territory where their life or freedom was threatened, present themselves without delay to the authorities and show good cause for their irregular entry or presence. Zambia has incorporated the principle of non-penalization of illegal entry into domestic law in sections 46 and 11 2017 Refugees Act, with the language in section 46 echoing the language in article 31(1) 1951 Refugee Convention by stating that there shall be no proceedings for unlawful entry or presence if the person presented him- or herself to an officer without delay and also claiming precedence over other domestic legislation, namely the 2026 Immigration Control Act. This provision would allow for an interpretation of the non-penalization of illegal entry that lives up to international standards. Section 11(1) 2017 Refugees Act provides that a person’s mode of entry into Zambia does not deter their asylum application; it provides as follows: “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” (emphasis added).

However, section 11(1) 2017 Refugees Act limits the timeframe to present oneself to the authorities to seven days and does not provide exceptions for persons that provide good cause for not adhering to the seven-day limit. Section 64 2017 Refugees Act furthermore limits the non-penalization principle to persons “immediately” seeking asylum with a refugee officer or an authorized officer. The 2026 Immigration Control Act is not aligned with the 2017 Refugees Act and does not explicitly provide access to asylum and territory outside the regular procedures under that Act. However, since the 2026 Immigration Control Act and the 2017 Refugees Act must be read together but are not aligned, there is currently no harmonized standard regarding the timeline to present oneself to an officer to seek asylum, the provision of good cause for illegal entry or justifications for late presentation to an officer that still allow a person to seek asylum in Zambia.

    LAW & POLICY

    Related provisions of domestic law or policy

    1951 Convention Relating to the Status of Refugees

    Legal provision

    Article 31 - Refugees unlawfully in the country of refuge

    1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence. 2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.

    THE REFUGEES ACT, 2017

    Legal provision

    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 46 - Prohibition of proceedings against refugees

    46. Despite the provisions of Part V of the Immigration and Deportation Act, 2010, proceedings for unlawful entry or presence in Zambia shall not be instituted or continued against a person or a dependant of that person who enters or is present in Zambia without lawful authority if that person— (a) without delay, applies to an authorised officer for recognition as a refugee under section 11; or (b) has become a recognised refugee in accordance with this Act.

    Section 64 - Failure to apply for recognition

    64. An asylum seeker who, upon entering Zambia with intention to seek asylum, fails to report immediately to a refugee officer or authorised officer to register and submit an application for recognition as a refugee commits an offence.

    THE IMMIGRATION CONTROL ACT, 2026

    Legal provision

    Section 8 - Entry and remaining in Republic

    8. (1) Subject to other provisions of this Act, a person shall not enter the Republic other than at a port of entry. (2) Subject to this section, a person who is not a citizen shall not enter the Republic unless that person is authorised in accordance with this Act. (3) Subject to this section, the presence in the Republic of a person who is not a citizen is unlawful, unless that person is authorised under this Act.