REFUGEES (CONTROL) ACT

Arrangement of Sections

   Section

   1. Short title

   2. Interpretation

   3. Declaration of refugees

   4. Reception areas and refugee settlements

   5. Places of entry or departure

   6. Registration of refugees and identity cards

   7. Restriction on possession of firearms, weapons, etc., by refugees

   8. Detention and slaughter of animals

   9. Use of vehicles

   10. Deportation of refugees

   11. Permits to remain in Zambia

   12. Requirement to reside in reception area or refugee settlement

   13. Control of refugee settlements

   14. Restrictions relating to refugee settlements

   15. Offences and penalties

   16. Arrest and use of force

   17. Protection of officers

   18. Manner of publishing rules, orders, etc

AN ACT

to make provision for the control of refugees; and to provide for matters incidental thereto.

[4th September, 1970]

Act 40 of 1970,

Act 41 of 1974.

1. Short title

This Act may be cited as the Refugees (Control) Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“authorised” means authorised by the Minister;

“authorised officer” means the Commissioner and includes a refugee officer, an authorised police officer, an authorised officer of the Zambia Prisons Service or of the Defence Force, and any public officer for the time being designated by the Minister as an authorised officer;

“Commissioner” means the person for the time being holding or acting in the public office of Commissioner for Refugees;

“prescribed” means prescribed by the Minister;

“reception area” means an area declared as such under section 4;

“refugee” means a person belonging to a class of persons to whom a declaration under section 3 applies;

“refugee officer” means any person for the time being holding or acting in the public office of refugee officer;

“refugee settlement” means a refugee settlement established under section 4.

3. Declaration of refugees

   (1) Subject to the provisions of sub-section (2), the Minister may declare, by statutory order, any class of persons who are, or prior to their entry into Zambia were, ordinarily resident outside Zambia to be refugees for the purposes of this Act.

   (2) A declaration under sub-section (1) shall not apply to—

   (a)   a citizen of Zambia;

   (b)   any person entitled in Zambia to diplomatic immunity;

   (c)   any person in the employment of any state, government or local authority outside Zambia, or of any organisation to which section 4 of the Diplomatic Immunities and Privileges Act applies, who enters Zambia in the course of his duties;

   (d)   any member of a class of persons declared by the Minister, by statutory order, not to be refugees for the purposes of this Act.

   (3) If any question arises in any proceedings, or with reference to anything done or proposed to be done, under this Act as to whether any person is a refugee or not, or is a refugee of a particular category or not, the onus of proving that such person is not a refugee or, as the case may be, is not a refugee of a particular category, shall lie upon that person.