Paper presented to the Oxford, England

Refugee Studies Programme ^ H--2Q September 1986

Seminar

* REMJG-EEB I-S ZAMBIA

LEGAL STATUS OI

by

CHALOEA BEYAM
Lecturer , School of Law
University of Zambia

Lusaka , September 1986

303820367W
 f' f/fJ^t{.>.&u c,7'/^y^

This paper discusses the legal status of refugees

in Zambia, Zambia is a landlocked country in Southern

Africa . It occupies a geographical area of 752 ,614 square

kilometres , and has an estimated indigenous population of

7 million people . In Southern Africa , Zambia has the

"^ 6.

largest concentration of refugees. By conservative

estimates , there are at present approximately 125,000

I
-
refugees in Zambia.

The presence of a large refugee population in

Zambia is attributable to the turbulent political situation

in Southern Africa , and the country 's geo-politi cal location

in the region. Ever since attaining independence in '

1964,

Zambia has enjoyed a peaceful political climate - Save for

one recent isolated case , there are no known refugees of

Zsmbian origin in Southern Africa ,*

Zambia shares boundaries with Angola ,Botswana ,Malawi ,

Mozambique ,Tanzania ,,Zaire and Zimbabwe , With notable excep-

tions of Botswana ,Malawi and Tanzania all these countries

experienced internal armed conflicts prior to their indep-

7,
endence ., As a result , Zambia has had at one time or another

enormous influx of refugees into its territory .

Early in 1970 , the liberation struggle against

Portuquese colonialism in Angola led to an influx of about

55 ,000 Angolan refugees into Zambia- These spontaneously

settled in the Western Province of Zambia. Another 8,200

Angolans integrated amongst the local people in North

Western Province - The Zambian. Government then embarked upon

^T^syokwa.
aprogramme of establishing refugee settlements .
Refugee Settlement was 'buil
t in Western Province exclusi -

vely to host Angolan refugees . It has presently 2,100

More thnn 10,000 Zaireans emigrated, to Zambia fo-r safety,

Seven thousand of them are settled in Northern Zambia

in Luapula and Northern Provinces ., And at least 700

Zaire ans have taken refuge in Meheba Refugee Settlement .

r?
Another 250 are in urban areas .,

Smaller groups of refugees in Zambia include 150

Ugandans who were offered asylum in the wake of the mili-

tary coup of July •1985» There are also 55 Zimbabweans

and. unspecified numbers of Sx-i Lankan Tamils and Iranian

Bahais ,

Political instability and the liberation struggle

in Southern Africa are causal factors to the external

displacement of large numbers of persons , from their

countries of origin ,* Herein lies the crux of the refugee

problem » Externally displaced persons are alienated -

from their country of nationality ., Subsequently , they

seek refuge in neighbouring ^ and other , countries .

 "Even though our finances and personnel have
been taxed, to tire full , we have no option
"
but to shelter our persecuted "brothers and
sisters in our traditional spirit of humanism ,
."9

It is of vital importance then that the status

accorded to refugees in receiving states must conform to

norms and standards set "by the internation al community ,

. A

discussion on the legal status of refugees in Zambia is

justified on this premise as a contribution towards uni-

formity in laws relating to the treatment of persons seek-

ing refugee status., Therefore this discussion makes

reference to laws affecting the status of refugees in other

jurisdictions in Southern Africa .

_
3 S®^^®. 6 8 8 iji gg.bj a
- . -
^
- ^:
^
The status of refugees in Zambia is governed by

both domestic legislation and- international conventions

on refugees ., Zambia 's domestic legislation is the Refugee

(
control )Act of 1970 * The two international Conventions

are the United Nations Convention relating to the Status

of Refugees of 195-1 together with the Protocol of 1967 ,

and the Organisation of African Unity Convention Governing

the specific Aspects of Refugee Problem s in Africa of

1969 .

Control )Act was enacted in 1970

The Refugee (

following sudden increase in the number of refugees in

10
Zambia, Its immediate purposes then were two fold,

Firstly to regulate the entry , reception and residence

of refugees in Zambia,, Secondly , to provide the govern -

ment with powers which would enable it to deal with

expected problems of maintaining law and order following

large numbers of refugees in the country. Provisions of

(, ^ i
the IL|
,N and 0« A» U Conventions are deemed applicable in

Zambia by virtue of Zambia 's accession to these instruments

on 2
4 September 1969 »

However , the Refugee (

control )Act does not in its

body effect the application of the TJ.

TC and Oo A ^XJ
/]/i
Conventions as is normally the practice in Zambia, Anyhow

it was contemplated upon the enactment of the Act that

the said Conventions would have the force of law in Zambia.

/it is
Consequently , an assumed matter not free from doubt that

the UoliT and OaA. on i- should apply wherever the

U Convent !
"12
.Refugee ( Control )Act is silento The problem here is

that there are areas of differen ces regard-ing the status

of refugees between the Refugee (

control )Act and the IL,rT

O.
r A.
IJ Conventions .

One such difference is with respect to the definition

of a refugee . According to the Refugee (

control )Act ,

persons that are eligible for refugee status in Zambia are

those who , prior to their entry into Zambia, are or were

ordJLnarily resident outside Zambia and sought asylum

in Zambia owing to well founded fear of being persecuted

for reasons of race , religion , nationality , membership of

15
aparticular social group or political opinion ,,

Going by this definition , the

outside Zambia prior to entry into Zambia and having

sought asylum in Zambia owing to well founded fear of

persecution for anyone of the reasons stated above . This

definition is inadequate. It does not , for instance , cover

refugees "sur place ". These are persons who may normally

be in Zambia but subsequently seek refuge in Za-mbia due

to events which occur in their country of nationality .,

In comparison , under the U. .O" Conventions ,

N and CLA '

refugee status is determined by , inter alia : being outside

of one 's country of nationality owing to well founded

fear of persecution on similar grounds as those advanced

under the Refugee (

control )Act ; inability or unwillingness

to avail one self of the protection of one '

s coz-mtry of

nationality for fear of being persecuted ; and stateless

persons who as a result of not having a nationality are

outside the country of their former habitual residence ,

accompanied by their inability or unwillingness to return

14
to such a country .

The foregoing definition lays the essential charact-

eristics for refugee status as ; persecution on stated

grounds , and consequent loss of protection by one 's country

of nationality or , of habitual residence in the case of

stateless persons . Ordinary residence outside of the

country in which refugee status is sought is thus immaterial,

.

This is wide enough to include refugees sur place

" -"
Anoticeable omission concerning refugee status in

Zambia 's Refugee (

Control )Act is the additional definition

U Convention .Thls
of a refugee which is contained in the 0» A .
Convention accords refugee status to :

"every person who , owing to external aggression ,

occupation , foreign domination or events seri-
ously disturbing public order in either part
or the whole of his country of origin or
nationality is compelled to leave his place of
habitual residence in order to seek refuge in
another plac,e, outside his country of origin or
nation ality,t5

That the Refugee (

control )Act does not adopt or even

allude to the O.
A.U Convention 's additional definitions of

arefugee is somewhat of a paradox . The Act was passed

ayear following both the adoption of the O.

A.U Convention

and Zambia 's accession to the Convention , More so

refugee problem in Southern Africa invariably has its roots

in the South African regime 's aggression on neighbouring

countries , its illegal occupation of Namibia and parts of

Angola , and internal conflict especially in Angola and

Mozambique . Hence the O.

A.U Convention has a most proximate

bearing on the status of refugees in Southern Africa ,

Pertinent issues also arise with respect to restrictions

on eligibility for refugee status in Za-mbian law. The

Control )Act d-enies refugee status to , Za-mbian

Refugee (

citizens , persons entitled to diplomatic inurunity , and those

who are in Zambia by virtue of their employment in the

16
^
service of any foreign state ,
of refugee status to other person in the category mentioned

above , is misconceived .
, For persons entitled to diplomatic

immunity as well as those employed in the service of

foreign states could 'become refugees , * sur place 'a Yet

enemies of mankind are not legally denied refugee status

/1 Q
by the Refugee (
Control )Act ,

An. harmonisation of the Refugee (

Control )Act with the

U»N and 0« A .
U Conventions on the status of refugees is

of utmost urgency . It is not enough to assume-that where

the Refugee (
Control )Act is silent automatic application

of the TJ«TC and O.

A.U Conventions ., Refugee status cannot

depend on assumptions , "but rather on internationally and

regionally determined criteria because universal treatment

of refugee is an international cause ,

Lack of uniformity between national legislation , and

the International and regional Conventions on the criteria

for according refugee status in Zambis originates from

the fact that the Refugee (

Control *) Act contains no

provisions for effecting the application and extent of

application of the Conventions , Consequently the criteria

on which refugee status is accorded under the Act is narro ii

r
e
r

in scope than that in the Conventions while the limitations

on eligibility for refugee status under the act are so wide

as to include persons who may not be entitled to refugee

status under the Conventions , Such a disparity would not

Control )Act wholesomely adopted

have arisen has the Refugee (

the definition governing refugee status under the U.

N and

0« A .
U Conventions .
 Zimbabwe 's Refugees Act of -1985 and. Tanzania 's

draft Refugee Act of "1985 are instructive on the manner

of ad-opting and. giving effect to the application of the

U.
H and O^A .
U Conventions . Both acts state , as one of

their purposes in the case of Zimbabwe , to enable effect

to Toe given within Zimbabwe , and in the case of Tanzania ,

to give effect to , the U.

IT Convention , the Protocol of

1967 and the O.

A.U Convention ., The Acts then proceed

to ad-opt entirely the definition on refugees as given in

•19
both the UoN and 0» A .
U Conventions ., Zimbabwe 's Refugee

Act goes further 'it makes provision in its schedule , of

the articles of the Conventions which are applicable to

recognised refugees and protected per sons in Zimbabwe., In

this way , any possibility of difference d or conflict^

between domestic N.and O.

• • '.legislation , and the u . A.U

Conventions on the status of refugee s is avoided ,

.

Legal and Administrative Procedures for Deter-min ? no-

Refugees status in Zambia

 Persons seeking refugee statu s in Zambia are restr -

icted. to specified places of entry , reception and- residence

20
for reasons of national security . Its a primary

Control )Act that persons

requirement under the Eefugee (

seeking refuge must obtain an entry permit within 7 days

of their arrival in Zambia- Entry permits are issued by

Refugee Officers in their discretion . But a Refugee Officer

in obliged to issue an entry permit where there is reason

to believe that the person seeking refuge in Zambia may he

tried , detained , restricted or punished - without trial with

respect to am offence of a political character in her or

his country of origin ., This obligation extends to situa-

tions where the person seeking refuge is likely to be sub-

jected to physical attack upon return to the country of her

21
or his nationality ,

Consideration for refugee status commences after

entry permits have been issued * The power to determine

and grant refugee status lies in the Minister of Home

Affairs or an Officer delegated to act on behalf of the

Control )Act
1)of the Refugee (
Minister , Section 5(

empowers the Minister to declare any group of persons

as refugees ,
. Pursuant to this provision , refugee status

is granted at two levels ; on the basis of group

determination when groups of persons have entered

basis when
into Zambia to seek refuge and on individual
political
individual persons arrive into Zambia to seek
22
asylum ,
 Those who seek political asylum on individual

basis are , by administrative pratice , required to apply

to the Committee for the Determination of Refugee Status

for recognition of their refugee status . This Committee

is composed of the Zambian Commissioner for Refugees , an

officer from the Office of the President , the Chief

Immigration Officer , the Inspector-General of Police , a

representative of the United ITations High Com m issioner for

Refugees (
TINITGR )as an advisor , and the Senior Passport and

Citizenship Officer ,, The task of this Committee is to

investigate and assess applications for refugee status. It

then makes recommendations to the Minister of Home Affairs

who decides on whether or not to grant asylum . Upon being

granted asylum , appropriate identity cards are i's'

suedr'to <re'JPii@ees»

Entry permits for persons seeking refuge presuppose

unlawful entry when such permits have not been obtained

within 7 days,
. As a result , fatal consequences have ensued -

Per sons seeking refugee status have sometimes been detained

27)
on account of illegal entry by Iicmigration Officers

under the Immigration and Deportation Act , 1965. According

to the Chief Immigration Officer , such detention s enable

Imm igration Officers to make inquiries relating to persons

seeking refuge ,,

"All that a prospective refugee is expected to do

on his entry , is to report to the nearest
Immigration Officer to whom he is expected to
declare his intentions . Thereafter , such refugee
will be temporarily kept in custody while consult-
ations are instituted with the Ministr y of Home
Affairs and other relevant security arms of
Government on the authenticity of the refugees
claim and final clearance » "2'l-
 In effect , refugees are held in custody for long

periods . A report on United Nations High Commission

for Refugees Activities in 1985 hy the Branch Office

in

Zambia observes that prolonged detention of asylum

seekers who entered Zambia illegally has been a contentious

issue . For example on the initiative of the UITHCR , 83

asylum seekers were released from detention in early t QQ

^ ^
Prospective refugees now prefer to enter the country

through bush paths for fear of being detained at immigration

posts upon arriving in Zambia. Some settle spontaneously

amongst local people with whom they share a common enthnic

background . Others prefer to travel to Lusaka and present

themselves to the United Nations High CommisGion for

27
Refugees , • She Chief Immigration Officer sees this practice

as a security risk ,

Apossible solution to the problem lies in amending

both the Immigration and Deportation Act , a-nd the Refugee

Control Act » The Immigration and- Deportation Act must

clearly distinguish between the treatment accorded to

prospective refugees and aliens . Entry permits under the

Immigration and Deportation Let must strictly apply to

aliens only . With respect to persons seeking refugee status ,

the Immigration and Deportation Act must expressly provide

for such persons to be directed to the nearest refugee

reception areas , or refugee transit camp in Lussl'a, where the

authenticity of their claim for refugee status could be

established . Such treatm ent of prospective refugees would

forestall their evasion of Immigration Controls and entry

routes for fear of being treated like aliens .

 The Refugee (
Control )Act must dispense with the

requirement for entry permits and. ma-lse unequivocal

provision
against any rem otest possibility of a prospective refugee

being held in police or immigration custody upon arrival

in Zambia.
, For example , Zimbabwe 's Refugee Act provides

that notwithstanding the provisions of the Immigration Act

no proceedings shall be instituted against any prospective

refugee or any member of his family in respect of his

PQ
unlawful entry into or unlawful presence within Zimbabwe -

Tanzania 's draft Act is categorically precise :

"Without prejudice ,»•no person claiming to be

arefugee ,
• •shall merely for reason for his
illegal entry be declared a prohibited po
immigrant detained or penalised in any way* " ^

Intact under Zimbabwe law , a prospective refugee has an

overriding specified right to remain in Zimbabwe pending

~Z
,Q
recogniti -f
eson of refuge status ,' This is model

legislation for any country which espouses the cause of

1
' ^" It conforms to international
refugees, standards pertaining

to the treatment of refugees ,,

Zambia * s Committee for determining the Status of

i*
-
Refugees must be legally established with defined procedures ,

functions and powers . Its present de facto existence lowers

the authoristy of the Committee and breeds fertile ground

for uncertaint y in its functioning ® A Committee which is

charged with the task of giving recognition to refugee

status in a country whose commitment to refugees is unquest -

ionable surely must be supported by public law.

 Again , i-b is useful to make reference to Zimbabwe ' s

legislation. B'-im.ctions of the Zimbabwean Committee are

clearly specified- as to receive and- c onsider applications

referred to the Committee ; to exercise any powers, and

perform any d-uties , that may "be assigned to the Coimnittee

under the Act . Procedures for applying recognition of

refugee status are plainly stated , together with safeguards

2
i determining applications ,, -^
against unnecessary delays n

Thus applications for recognition of refugee status

i Zimbabwe are initially

n made to an Immigration Officer ,

"?10 must , within 5 days of the application being made,.

forward notice of the application to the Commissioner for

Refugees, Every application must be considered by the

Committee within 50 days of the application being

reffered-.to it , -unless if it is impossible or inexpedient

•z -z
for it to d o so,. "Tanzania ' s draft legislation emphasises

the urgency of determining applications for refuge status

by establishing an i addition to an
ad. hoc Committee , n

Eligibility Committee , its function i s to consider and

determine applications for refuge status whenever it is not

54
feasible for the Eligibility Committee to convene ,

After considering the applications , the Zimbabwean

Eligibility Committee advises the Commissioner for Refugees

whether or not to grant refugee statuSo

 The Zambian Committee for Determininp- the status of

Refugees however attach es great importance to the O

ITTICE 's

function in protecting refugees. Membership of the IBTITCR 's

ship on the Committee is advisory - But in almost all cases

the question of eligibility for refugee status is

determined by the TMHCR who then advise the Committee as

to whom refugee status should, be granted ,

SE Sl^ ASS. JiSS- 0^ o:L Re£USee8

^ ^^ ^ -^. ]
^ ^
^ -
^- ^
Powers to deport refugees from Zambia are concurre ntly

granted upon the Hinister of Home Affairs and the judiciary .

The Minister of Home Affairs may order deportation of a

refugee from Zambia, at any time, A coui?t may do so when

convictin g a refugee for committing an offence under

35
Zambian law*. Zambian legislation provides for a refugee

to be returned upon being deported , to a country from which

he came into Zambia, But where , in the opinion of the

minister , or of the Court , a refugee may , possibly be

subjected to physical attack or be tried , detained , rest-

ricted or punished without trial for an offence of a

political character upon arrival in the country from which

'
such a refugee came into Zambia , deportation is prohibited ,96
/a right
Deported refugees have to make representation against
/"

deportation to the Minister ., Only refugees who have been

in Zambia for a continuous period of 5 months can avail

themselves of this right® while a refugee 's representation

against deportation is under consideration the order of

deportation must be suspended - Again , it is the Minister

who has the power to revoke an order of deportation .

.
 Practice pertaining to deportation of refugees in

Zambia emphasises that refugees must not engage in political

or subversise activities either against Zambia or

zo
independent neighbouring "
states, Equally , emphasis

is laid on refugees to comply with Zambian laws » However ,

Zambian practice relating to deportation of refugees upon

conviction Control )
is not consistent with the Refugee (

Act* Immigration Officials enforce deportation orders

pursuant to the Immigration and Deportation Act » Powers

of deportation under the Immigration and Deportation Act

derive from the Penal code. Section 55 of the Penal Code

authorises a court which convicts and sentences any person

who is not a citizen of Zambia for offences of treason ,

unlawful assembly , corruption , abuse of office and. offences

against morality to deport such a person in accordance with

the Immigration and Deportation 6 of the

Act. And s.2

Immigration and Deportation Act empowers the Minister to

deport a person who has been convicted in terms of So 55

of the Penal Cod-e, after such a person has served, the

sentence of imprisonment ,

There are several reasons why powers of deportation

6 of the Immigration and Deportation

under S« 2 Act should

not apply to refugees . A prelimin ary point to observe is

'
/a refugee may be
that deported
J.
under the Eefugee
U (Control )Act upon
ZQ

conviction for any offence .

" Under the Immigration and

Deportation Act a non Zambian citizen may be deported

after serving a sentence for a specified offence . This

should apply to aliens only. If this were not the case

it would have been hardly necessary for the Refugee

(
Control )Act to duplicate the Minister of Home Affairs '

powers of deportation under the Immigration and Deport-

ation Act. Beyond that , in Zambia , it is a condition

for lawful deportation that a deportee must be deported

to the country of origin or nationality . This was the

decision of the Zambian High Court in the case of

O T
Nebukadni za Qcco v The People ,
"• The appellant had been

convicted of unlawful return to Zambia after having been

deported to Uganda . On being deported the appellant was

escorted to Tan zania where Tanzanian Officials delivered

him to Uganda on behalf of the Zambian Government . The

High Court held that in order for a deport ation to be e^ffeoWa

legally , there must be actual deportation of a deportee

who is not a citizen to his country of origin or a country

of which he is a citizen . Application of this principle

is clearly in contrast with the principle of refoulment

of refugees. And deportation to a third country under

the Immigration Act would not meet the requirement for

lawful deportation as laid by the High Court . On this

account , the Immigration and Deportation Act is not

applicable to refugees ; the Act contravenes the principle

of non refoulment which is basic to refugees 'protection ,

The scope of the right of son refoulment of

Act
Control )
refugees as contained in the Zambian Refugee (
varies in scope with that containedin the U M ,,
40
Under the Act refugees

. .Convention
 Or<
restricted to problematic issues the legsl status of
fi
refugees in Zambian law. The differences "between

domestic legislation and the IL IT and O.

A.U Conventions and

the shortcomings in Zambian legislation that are discussed

in this paper do not in any way undermine Zambia 's

committment to the cause of refugees , Zambia has consistently

upheld a generous open policy of asylum to refugees on the

basis that whoever flees persecution is most welcome as

long as such a person is a genuine refugee , Nevertheless ,

the Zambian Refugee (

Control )Act , and the Immigration

and Deportation Act require amending along the lines

44
suggested in this paper . However , mere amendment of the

refugees .

tion
Attention
amen815Tc3.470926distr
two pieces of legislation is not itself adequate in order

to improve upon the treatment presently meted out to

should also be drawn onto -

of 761 Tm(ame11928 Tc 14.1267 0 0 10 213.6049 325.941 Tm(law )Tj-

 "Contr ary to what is required of any person
wi shing to enter Zambia , we have another
group of persons who seek entry into the
country . ..these are refugees . She attitude
expected from an Immigration ( Officer
.)
When clearing or examining these people is
one of sympathy and -understanding because
• • <• these people always attempt to enter the
country completely undocumented .,. ..
" ^! ?

call for sympathy and understanding in the attitude of

an Immigration Officer on examining and clearing refugees ,

demonstrates that Immigration Officers are not appraised

of the fact that refugees must be treated commensurate with

their status under the Ee^ugee ( Act . On the contrary ,

Gontrol )
Imm igration Officers , for instance , expect refugees to
be documented ' upon entering into Zambia
' as if they were

casual -visitors rather than persons fleeing for safety . This

Control )
is not surprising . In relative terms , the Refugee (

Act is •new 1 to Immigration Officers . Immigration

Officers are therefore not well versed with the status

accorded to refugees by the Act .

Attempts have been made to rectify this problem by

holding seminars for Immigration Officers . One such seminar

was held between 24th and 26the January 1985 « la. spite

of such seminars , the situation has not improved . A severe

limitation to solving the problem , through seminars is one

of limited attendance . Only so m any Imm igration Officers

/&ve /

can attend a seminar . The result is that only high^ Officers

who have no direct contact with refugees attend . In order

to conscientise , field , middle and high level Immigration

and Police Officers on the reception , treatment , and

status of refugees it is hereby suggested that a course of

one year duration leading to a Certificate in .Refugee

Administration be launched on a permanent basis by The

National Institute for Public . Adiaim -stration , A syllubus

for such a course would be drawn up J ointly by the

Commissioner of Hefugees , the United Nations Hi[_-h

Commission for Refugees , the University of Zambia and the

National Institute of Public Administration , These

institutions would. also provide manpower to run the course .

The Ministr y of Home Affairs and the Institute would

choose Officers for enrolment to the course every year.

Perhaps such a programme would eventually give proper

orientation to a large number of Officers in their

administration of refugee law in Zambia.

 SM SS^
.
^

1, Unit ed Nations High Commission f ar Refugees , Ref ugees

and Refugee Assistanc e in Zambia, general _Inforaatj,on
Paper s Lusaka, 1986, P2. This estimation is as of 1st
June 1986. The office © f the Commissioner for Refugees
at the Ministry of Home Affairs appr oximates the number
of refugees in Zambia at 127, 922 . Exact figures are
difficult arrive at © wing te refugees' constant movements *
2» This is the case © f a Zaabian lawyer who went to South'
Africa to seek political asylum recently. Government
has maintai ned that
l lo Por example , the I )i
'olomatj._c_ Iimnun. i
ti es l s^cl l'rvxi^ges
Act '1965 was enacted en i t r alia to give
efTect to the Yiezma '^ n'v'ei 'lJ
i on on
A ' p ! or^atic Relations« Then the Act
""
proceeds" to set out articles of the
Convention -which shall have the force
of law n i Zambia . This practice extends
to the adoption of , the Bretton Woods
Aj eemei r Cap 625 of th'eT'aws of"Z"ambia ,
^
^ '" ""
and The Etemat i onal Development Association
" " "7
Act , C ap T 52 of ™ " "TEe ^ T^Z'aSi^T
La^Ji's' il ""

12 <, This practice is followed "by the Commissioner for

i Zambis »
Refugees n

15. See 'Sec 5 , and Statutory Instrument No. 240 of 1971

14. Article 1(A ) of the TJ« N. Convention and Article 1

parag, 1 of the 0« A »U<t Convention

15« Art 1. parag 2 of the O .A «U» Convention

16. See 0
' » 7> of the Act .
, Art 1,
17 . See Art 1(C ) (D) (E) (F) of the U.N. Convention
"
parags /!- and 5 of bhe O.A .U. Gonvention «
considered
1
8. These are persons who have committed acts
nI tact
as crimes -under conventional ciciminal law*
ever- persons who may have committed acts contrary
to the purposes of the UN and the OATJ ni Zambia are
legally eligi ble for refugee status ,
•19, See Ss 5 and 12 of Zimbabwe ' s Refugees Act and
S50 ) of Tanzania * s draft Act .
)
20 . See Ss4 and 5 of the Refugee (Control Act

21 . See 811 of the Refugees(control ) Act

22. Zambia , Hansard , Mb. 22 (b) 1970 col. 85

25 . Immigration Officers are also Refugee Officers

at a
24. Chief Immigration Officer , Speech delivered
Seminar on Refugees , 1985

25. Report on UMHCR Protection Activities n

i 1985; Pp1 ^2

Zambia , Immigration Department Amiual Reports ,

26»
1976 - 1977

27. Ibid note 24

28. Zimbabwe , Refugees Act . S.9

29.* Tanzania , Draft Refugee Act , S6(2)

50. Zimbabwe , Refugees Act , S ,8 (1)

5"1. Zimbabwe ' s Act is very comprelainsive and covers all

aspects of refugee treatment .
52» Zimbabwe , Refugees Act , So 7

55< The Committee may therefore commence inquiries into

application for refugee status after 50 days of the
applications being referred to i
t.

54. Tanzania , Draft Refugee Act , S9(-1)

55. See S .10(1) (2) of the Refugee(Control )Act

56. See S .I0( 5 ) of the Refugee (Control )Act

57-