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Zambian Civil Liberties Union Challenges Citizenship Rights for Children of Refugees in Constitutional Court

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The Zambian Civil Liberties Union (ZCLU) has filed a petition in the Constitutional Court seeking an interpretation of Articles 35 and 42 of the Zambian Constitution regarding whether a child born in Zambia to refugee parents can obtain Zambian citizenship.

The petition addresses whether a child born in Zambia to one parent who was a refugee at the time of the child’s birth, and the other a Zambian citizen, is entitled to Zambian citizenship by birth and the corresponding rights, privileges, and benefits, including access to identification documents.

The petition names the Commissioner for Refugees, the Chief Registrar of the Department of National Registration, Passport and Civil Registration, the Chief Passport and Citizenship Officer at the Citizenship of Zambia Board, and the Attorney General as respondents.

ZCLU argues that the definition of “ordinarily resident” under Section 2 of the Citizenship of Zambia Act is inconsistent with the definition provided in Article 266 of the Constitution.

The petition seeks a declaration that the Citizenship Act’s definition is unconstitutional, null, and void to the extent of its inconsistency.

ZCLU claims that altering the definition of “ordinarily resident” through an ordinary Act of Parliament without following the proper constitutional procedure contravenes Article 79 of the constitution.

It asserts that as of June 30, 2024, the Ministry of Home Affairs reported a total of 102,654 refugees in Zambia, with 43,766 of them being children under 18 years old.

ZCLU stated that despite amendments to the constitution in 2016, which provided for citizenship applications by persons born in Zambia, children of refugees continue to face barriers to citizenship due to their classification as refugees rather than ordinary residents.

The petition reveals that several efforts have been made to address this issue, including engagement with government agencies, the introduction of a private member’s bill in parliament to align the definition of “ordinarily resident” with the constitution, and advocacy through an online petition that garnered over 1,000 signatures.

The organization states that despite these efforts, the proposed amendments were not supported in parliament.

The petitioners argue that children born in Zambia to refugee parents are entitled to apply for Zambian citizenship under Article 37 of the constitution.

They contend that designating such children as refugees denies them this right.

ZCLU also asserts that under Article 37 and Section 49 of the Refugees Act, refugees who apply for Zambian citizenship should not be denied recognition of their rights

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