The State contends that children born in Zambia to refugee parents derive their nationality from their parents and are not automatically entitled to Zambian citizenship.
In submissions before the Constitutional Court, Attorney General Mulilo Kabesha stated that while such children may apply for Zambian citizenship upon turning 18, they must meet the criteria set by the Constitution.
“The law is clear that refugee children inherit their parents’ nationality. They must satisfy constitutional requirements before obtaining Zambian citizenship,” Kabesha submitted.
The State has urged the Constitutional Court to dismiss the petition filed by the Zambian Civil Liberties Union (ZCLU), arguing that it does not raise a valid constitutional question.
It asserts that the petition seeks to interpret Acts of Parliament rather than the Constitution itself.
ZCLU has petitioned the court seeking an interpretation of Articles 35 and 42 of the Zambian Constitution concerning whether a child born in Zambia to refugee parents is entitled to Zambian citizenship.
The petition also questions the status of children born to one refugee parent and one Zambian citizen, focusing on their rights to identification documents and other privileges.
The petition names the Attorney General, the Commissioner for Refugees, the Chief Registrar of the Department of National Registration, and the Chief Passport and Citizenship Officer at the Citizenship Board of Zambia.
ZCLU contends that the definition of “ordinarily resident” in Section 2 of the Citizenship of Zambia Act contradicts Article 266 of the Constitution. It seeks a declaration that the statutory definition is unconstitutional and should be nullified.
The organization argues that redefining “ordinarily resident” through an Act of Parliament without following the constitutional amendment procedure violates Article 79 of the Constitution.
According to ZCLU, as of June 30, 2024, Zambia hosts 102,654 refugees, including 43,766 children under 18. The group asserts that despite constitutional amendments in 2016 allowing persons born in Zambia to apply for citizenship, refugee children still face barriers due to their classification.
The petition pointed out unsuccessful efforts to amend the law, including government engagements, a private member’s bill, and an online petition with over 1,000 signatures.
ZCLU maintains that the rejection of these efforts by Parliament has left refugee children without a clear pathway to citizenship.
In response, the State argues that ZCLU’s petition misrepresents the statistics, noting that the figures include asylum seekers, refugees, and former refugees.
It also states that children under 18 do not qualify to apply for citizenship under current laws.
The Attorney General contends that refugee status is temporary and subject to reevaluation based on conditions in a person’s country of origin.
He adds that Articles 37 and 43 of the Constitution, which provide a pathway to citizenship, must be read in conjunction with the Refugees Act, which outlines a legal process for transitioning out of refugee status.
“The introduction of the term ‘ordinarily resident’ in the Citizenship Act does not amount to an unconstitutional amendment. It simply provides necessary clarity while ensuring national security,” the State argued.
He contends that Section 20(1)(c) of the Refugees Act mandates the loss of refugee status before citizenship registration, ensuring proper background checks.
The State has asked the court to dismiss the petition, insisting that the existing legal framework provides adequate provisions for refugees to acquire citizenship under controlled conditions.
It also argues that the ZCLU’s arguments undermine parliament’s authority in legislating citizenship matters and that the petitioners are not entitled to any reliefs sought.
