Caritas Zambia Calls for Implementation of Refugee Protection Laws

Lusaka, 19 January, 2026 / 4:19 PM

Caritas Zambia has urged the Zambian Government to move beyond legislation and ensure the effective implementation of refugee protection laws, warning that refugees and asylum seekers continue to face significant barriers in accessing protection, livelihoods, and basic services.

In a memorandum on the state of refugees and asylum seekers in Zambia, the charity arm of the Church in the southern African country evaluated the adequacy of the country’s legal framework, the effectiveness of institutions managing refugee affairs, and the challenges hindering full implementation of refugee protections stated in the Zambian constitution.

Caritas Zambia noted that the constitution of Zambia provides the overarching framework for rights and freedoms in the nation. 

It said that although the constitution does not contain a specific provision on refugees, it guarantees fundamental rights and freedoms applicable to “every person” within Zambia’s jurisdiction, including refugees and asylum seekers.

“These include protection from discrimination, inhuman treatment, and arbitrary deprivation of liberty. However, the Constitution does not expressly recognize refugees or asylum seekers as a distinct category of persons requiring specific legal protection, which limits clarity on their status and entitlements,” Caritas Zambia said in a press release dated January 16.

Caritas Zambia quoted the Refugees Act No. 1 of 2017, which guarantees fundamental rights to “every person” within its jurisdiction, including protection from discrimination, inhuman treatment, and arbitrary detention.

“The Refugees Act No. 1 of 2017 presents a significant advancement in aligning Zambia’s domestic law with international refugee protection standards. It incorporates key principles such as non-refoulement, provides for refugee status determination procedures, and recognizes both individual and group refugee status,” Caritas Zambia said.

“Notwithstanding these strengths, the Act largely maintains a restrictive, encampment-based approach that limits refugees’ freedom of movement, access to formal employment, and opportunities for self-reliance. These restrictions are less responsive to protracted refugee situations and place long-term pressure on humanitarian systems,” the entity added.

The Zambian government collaborates with key international and regional refugee instruments, including the 1951 United Nations Refugee Convention, its 1967 Protocol, and the 1969 OAU Convention Governing Refugee Problems in Africa. These commitments have been domesticated through the Refugees Act No. 1 of 2017, which Caritas describes as progressive and broadly aligned with international standards.

However, Caritas noted, while the Refugees Act represents a major step forward, it largely maintains an encampment-based approach that restricts refugees’ freedom of movement, access to employment, and opportunities for self-reliance. 

This, the Church entity argues, places long-term pressure on humanitarian systems and limits refugees’ contribution to national development.

Caritas Zambia also highlighted tensions between the Refugees Act No. 1 of 2017 and the Immigration and Deportation Act No. 18 of 2010. It warned that the application of immigration law to refugees and asylum seekers often exposes them to risks of arrest, detention, or deportation, especially where delays occur in the issuance of documentation during refugee status determination.

The development arm of the Church in Zambia praised the Zambian government for marking a “significant step forward in aligning its refugee protection framework with international and regional standards,” noting that challenges such as limited freedom of movement, inadequate education, and restricted access to employment persist in institutions, especially during the implementation phase.

It however, noted that issues relating to access to education, freedom of movement, and access to employment continue to undermine the full realization of the refugees’ rights guaranteed in the country’s constitution.

“These challenges highlight the gap between legislative provisions and operational practice, underscoring the need for harmonization of policies and the strengthening of institutional mechanisms to ensure that refugees and asylum seekers can effectively enjoy the protections to which they are entitled,’ the Catholic Church entity said.

Caritas Zambia recommended that the Zambian government harmonize immigration and refugee procedures.

It also called on the government to clarify the rights of asylum seekers pending determination, and amend the law to ensure refugees can work without unnecessary reliance on immigration permits. 

“Our submission underscores that addressing these gaps requires stronger coordination, resource mobilization, and inclusive policies that recognize refugees not only as beneficiaries of aid but as contributors to national development,’ Caritas Zambia said.