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Zambian Civil Liberties Union (ZCLU) has filed a petition with the Constitutional Court, arguing that children born in Zambia to refugee parents are entitled to apply for Zambian citizenship under Article 37 of the Constitution
The organization contends that labeling such children as refugees violates their constitutional rights.
In their petition, ZCLU is seeking a definitive interpretation of Articles 35 and 42 of the Zambian Constitution.
They aim to establish whether a child born in Zambia, with one parent who is a refugee and the other a Zambian citizen, qualifies for citizenship by birth.
If confirmed, such children would be entitled to the rights, privileges, and benefits of citizenship, including access to official identification documents.
The petition cites Commissioner for Refugees, the Chief Registrar of the Department of National Registration, the Passport and Civil Registration Office, the Citizenship of Zambia Board, and the Attorney General, as respondents.
ZCLU is challenging the inconsistency between the definition of “ordinarily resident” in the Citizenship of Zambia Act and Article 266 of the Constitution. They argue that this inconsistency undermines constitutional provisions, making the Act’s definition null and void.
The group stated that amending the definition through an ordinary Act of Parliament, rather than following constitutional procedures, is unconstitutional.
According to the Ministry of Home Affairs, Zambia hosts 102,654 refugees, with 43,766 of them being children under 17 years old.
Many of these children were born in Zambia but remain classified as refugees, a situation ZCLU claimed denied them their rightful pathway to citizenship.
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