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.
