Date of publication:

10/12/2026

Zambia

Do domestic laws and policies provide for efficient asylum procedures at first instance? 

ANALYSIS

Assessment by population

Asylum-seekers
Analysis

While there are certain arrangements in practice, the efficiency and adequacy of the RSD process are neither explicitly addressed nor safeguarded in the 2017 Refugees Act apart from the time limits under Section 11, 12 and 13 2017 Refugees Act, which are not implemented in practice. While there is an effort to decentralize the RSD assessment conducted by Eligibility Officers from Lusaka to the settlements to provide for more efficient asylum procedures, the efficiency of the process is further impacted by the centralized Refugee Status Determination Committee (RSDC), which needs to travel to the respective locations, further exacerbating inefficiencies. The RSD procedure operates as a two-tier system that significantly limits its efficiency. COR conducts interviews and prepares draft submissions for the RSDC, which then reconsiders each case and often re-interviews the applicant, duplicating the assessment, creating double structures and jeopardizing efficiency and consistency, especially considering that there is no requirement for adequate training or prior expertise of the members of the RSDC, apart from the RSDC chairperson. The need for the Committee to convene at a time convenient for all members, and to travel across the country to hear cases, causes further delays in decision-making. While there is a time limit for the consideration of a case by the Committee within 60 days to make recommendations to COR (Section 12(1)) and a further limit of seven days for the Commissioner for Refugees to grant or refuse refugee status (Section 13), these are not implemented in practice since there are no safeguards, complaint- or grievance mechanisms. There is a Standard Operating Procedure (SOP) for RSD assessments in place for all applications under the 1951 Refugee Convention and the 1969 OAU Refugee Convention. This SOP does not allow for differentiated case processing modalities, simplified or accelerated case processing or prioritization of urgent cases.

    LAW & POLICY

    Related provisions of domestic law or policy

    2026 Immigration Control Act
    • Year: 2026
    • Type: Domestic law
    • Rights Category: Asylum, Education, Freedom of movement, Liberty & security of person, Nationality, Integration & Public Affairs, Work & Workplace rights, Family life, Documentation
    • Link to external source: https://zambialii.org/akn/zm/act/2026/3/eng@2026-04-08

    Legal provision

    2026 Immigration Control Act - Generic

    2026 Immigration Control Act - Generic

    Refugees Act, 2017

    Legal provision

    Refugees Act, 2017 - Generic

    Refugees Act, 2017 - Generic

    THE REFUGEES ACT, 2017

    Legal provision

    Section 13 - Recognition of refugees

    13. The Commissioner may, after considering the recommendation of the Committee made pursuant to section 12 on an application, recognise the applicant as a refugee if the applicant meets the requirements of this Act and shall, within seven days of the decision, inform the applicant accordingly, in writing.

    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 12 - Consideration of application by Committee

    12. (1) The Committee shall, within sixty days of receiving an application for refugee status, forwarded to it under section 11, consider the application and make recommendations to the Commissioner in relation to that application as it considers fit. (2) The Committee may, within the period referred to in subsection (1), inquire into or investigate the applicant as it may consider necessary for purposes of this Act.

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

    Legal provision

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

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

    Convention Governing the Specific Aspects of Refugee Problems in Africa

    Legal provision

    Convention Governing the Specific Aspects of Refugee Problems in Africa - Generic

    Convention Governing the Specific Aspects of Refugee Problems in Africa - Generic