Last Change:

10/16/2026

THE REFUGEES ACT, 2017

Original names of the law: THE REFUGEES ACT, 2017

Year: 2017

Type: Domestic law

Rights Category: Asylum

Description

An Act to establish the office of the Commissioner for Refugees and provide for its functions; provide for the recognition, protection and control of refugees; provide for the rights and responsibilities of refugees; establish the Refugees Fund; domesticate the United Nations Convention relating to the Status of Refugees, 1951 and its Protocol of 1967, and the Organisation of African Unity Convention Governing the Specific Aspects of Refugees Problems in Africa, 1969; repeal and replace the Refugees
(Control) Act, 1970; and provide for matters connected with, or incidental to, the foregoing.

Selected provisions
Section 51 - Identity documents

51. The Commissioner may issue identity documents to a recognised refugee for purposes of movements within Zambia.

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.

Section 23 - Prohibition of expulsion, extradition or refusal of entry of asylum seeker or refugee

23. (1) Despite the provisions of any other law, a person shall not be refused entry into Zambia or be expelled, extradited or returned from Zambia to another country if that refusal, expulsion or return would compel that person to return to or remain in a country where—
(a) that person may be subjected to persecution on account of that person's race, religion, nationality, membership of a particular social group or political opinion; or
(b) that person's life, physical well-being or liberty is threatened by external aggression, occupation, foreign domination or event seriously disrupting public order in part or the whole of that country.

(2) The Minister shall take such steps as the Minister considers necessary to ensure that the provisions of subsection (1) are applied in respect of persons to whom that subsection applies.

(3) An asylum seeker or refugee shall not benefit from this provision where there are reasonable grounds to believe that the asylum seeker or refugee is a danger or threat to national security.

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 21 - Expulsion of recognised refugee

21. (1) The Minister may order the expulsion of a recognised refugee from Zambia if the Minister considers that the expulsion is necessary or desirable on the grounds of national security or public order.

(2) The Minister shall, before making an order under subsection (1), cause a written notice to be served upon the recognised refugee informing that recognised refugee of—
(a) the intention to expel that recognised refugee, stating the grounds for the expulsion; and
(b) the representation that the recognised refugee may make to the Minister against the expulsion in terms of subsection (3).

(3) A recognised refugee upon whom a notice is served under subsection (2) may, in person or through a legal practitioner or the United Nations High Commissioner for Refugees, within fourteen days from the date of the service of the notice, make representations against the expulsion, in writing, to the Minister.

(4) Where a recognised refugee makes representations to the Minister under subsection (3), the Minister shall, before ordering the expulsion of that recognised refugee from Zambia, consider the representations made and determine whether the recognised refugee should be expelled in accordance with the order made under subsection (1) or withdraw the order.

(5) Where a representation is made by a recognised refugee under subsection (3), the order for the expulsion of that recognised refugee shall be suspended pending the determination of the Minister.

(6) Despite the provisions of this section, a refugee who is considered to be a danger to national security or public order under subsection (1) is not entitled to make representations if there are compelling reasons on grounds of national security.

(7) The execution of an order for the expulsion of a recognised refugee under this section may be delayed for a reasonable period to enable the recognised refugee to seek admission to a country other than the country to which it is proposed to expel that refugee.

Section 22 - Detention of refugee pending expulsion

22. (1) An authorised officer may arrest and detain a recognised refugee whose expulsion has been ordered under section 21, pending the completion of arrangements for the expulsion of that recognised refugee from Zambia.

(2) An officer-in-charge of a correctional centre or police station shall, when required, in writing, by an authorised officer receive into custody and retain in custody a recognised refugee detained or to be detained in terms of subsection (1).

(3) A recognised refugee detained in a correctional centre or police station under this section shall be treated as a person awaiting trial.

(4) A recognised refugee who is detained under this section may, if that recognised refugee so requests, be allowed a reasonable time not exceeding three months, and be afforded reasonable facilities to seek admission to a country other than the country to which that recognised refugee is to be expelled.

(5) The Minister may, where a refugee applies for admission to another country under subsection (4), extend the three months' period referred to in that subsection if satisfied that there is a reasonable likelihood of the recognised refugee being admitted to the country of the recognised refugee's choice within that extended period.

(6) In this section, "correctional centre" means a building, enclosure or place or part of the building, enclosure or place declared to be a correctional facility in the law relating to prisoners, and includes a correctional centre established for children in conflict with the law.

Section 23 - Prohibition of expulsion, extradition or refusal of entry of asylum seeker or refugee

23. (1) Despite the provisions of any other law, a person shall not be refused entry into Zambia or be expelled, extradited or returned from Zambia to another country if that refusal, expulsion or return would compel that person to return to or remain in a country where—
(a) that person may be subjected to persecution on account of that person's race, religion, nationality, membership of a particular social group or political opinion; or
(b) that person's life, physical well-being or liberty is threatened by external aggression, occupation, foreign domination or event seriously disrupting public order in part or the whole of that country.

(2) The Minister shall take such steps as the Minister considers necessary to ensure that the provisions of subsection (1) are applied in respect of persons to whom that subsection applies.

(3) An asylum seeker or refugee shall not benefit from this provision where there are reasonable grounds to believe that the asylum seeker or refugee is a danger or threat to national security.

Section 30 - Freedom of person

30. A recognised refugee has the right to freedom of the person, which includes the right not to be deprived of that freedom arbitrarily.

Section 31 - Security of person and protection from inhuman treatment

31. (1) A recognised refugee has the right to security of the person, which includes the right not to be subjected to human trafficking.

(2) A recognised refugee has the right not to be—
(a) subjected to torture; or
(b) treated or punished in a cruel, inhuman or degrading manner.

Section 53 - Refugee women and children

53. (1) The Commissioner shall ensure that specific measures
are taken to ensure the safety of women and children seeking
asylum status, at all times during their stay in designated areas.
(2) The Commissioner shall ensure that a child who is in need
of refugee status or who is considered a refugee shall, whether
unaccompanied or accompanied by the parents or by any other
person, receives appropriate protection and assistance.
(3) The Commissioner shall, as far as possible, assist a child
to trace the parents or other members of the family of the refugee
child in order to obtain information necessary for the reunification
of the child withthe child’sfamily.
(4) Where the parents of the child or other members of the
child’s family cannot be found, the child shall be accorded the
same protection as any other child permanently or temporarily
deprived of the child’s family.