"asylum seeker” means a person seeking refugee status in
accordance with the provisions of this Act and whose
refugee claim is not determined.

"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;

"crime against peace" means an act relating to the planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements and assurances on peace, or participation in a common plan or conspiracy for the accomplishment of any of these acts;

"crime against humanity" means any of the following acts committed as part of a widespread or systematic attack directed against a civilian population:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation or forcible transfer of population;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) torture;
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity;
(h) persecution against an identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognised as impermissible under international law, in connection with an act referred to in this definition;
(i) enforced disappearance of persons;
(j) the crime of apartheid; or
(k) other inhuman acts of a similar character intentionally causing great suffering or serious injury to the body or to mental or physical health;

"war crimes" means grave breaches of the Geneva Conventions of 12 August, 1949, such as—
(a) wilful killing;
(b) torture or inhuman treatment, including biological experiments;
(c) wilfully causing great suffering or serious injury to body or health;
(d) extensive destruction and appropriation of property, which is not justified by military necessity and carried out unlawfully and wantonly;
(e) compelling a prisoner of war or other protected person to serve in the forces of a hostile power;
(f) wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(g) unlawful deportation or transfer or unlawful confinement; and
(h) taking of hostages.

4.(2) Without prejudice to the generality of subsection (1), the functions of the Commissioner are to—
(a) co-ordinate activities and programmes for refugees and the provision of security, protection and assistance for refugees in refugee settlements;
(b) co-ordinate measures necessary for promoting the welfare of refugees and advise the Minister on all matters relating to refugees;
(c) manage refugee reception areas, refugee settlements and other facilities for refugees;
(d) receive and process applications for the recognition of refugees;
(e) issue refugee identification documents and process and recommend applications for the issuance of refugee travel documents;
(f) issue movement passes to refugees for travel outside the refugee settlements within Zambia;
(g) issue visitors permits for entry into refugee settlements;
(h) register and maintain a register of asylum seekers and refugees;
(i) ensure that refugee economic and productive activities do not have an adverse effect on host communities or the environment;
(j) ensure the sustainable use and sustainable management of the environment in refugee hosting areas;
(k) protect and assist vulnerable asylum seekers and refugees, especially women and children;
(l) ensure treatment of asylum seekers and refugees in compliance with the law;
(m) facilitate the safe return of Zambians living as refugees in other countries;
(n) administer and manage the Fund;
(o) cooperate with organisations and institutions with similar functions within and outside Zambia; and
(p) exercise such other functions as are incidental to the functions of the Commissioner or as may be assigned to the Commissioner by or under this Act.

4. (3) The Commissioner shall, in the performance of the Commissioner's functions under this Act, be subject to the general or special directions of the Minister that are consistent with the provisions of this Act.

5. (1) There is established the Refugee Status Determination Committee which consists of the following members appointed by the Minister:
(a) the Chairperson, who shall be a person with expertise in refugees matters; and
(b) one representative each of the—
(i) Attorney-General;
(ii) Zambia Police Service;
(iii) Ministry responsible for foreign affairs;
(iv) Immigration Department;
(v) Special Division of the Office of the President;
(vi) Department of National Registration, Passport and Citizenship; and
(vii) United Nations High Commissioner for Refugees, as ex-officio member.

(2) The members shall elect the Vice-Chairperson from amongst themselves.

(3) The Commissioner shall assign officers to perform such secretarial and administrative functions for purposes of or in connection with the Committee as may be necessary for the performance of its functions.

(4) The provisions of the Schedule apply to the Committee.

6. The functions of the Committee are to—
(a) receive and consider applications for the recognition of refugees referred to the Committee under section 11; and
(b) perform such other functions as may be assigned to the Committee by or under this Act.

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.

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.

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.