Code of the Module Name of the Module Date of Exam Time of Exam Set

CUZL 421 Refugee Law

You are advised to read the following instructions before answering the examination
questions.

1. Read each of the questions carefully before you answer.

2. Number the answers to the questions clearly before answering.
3. Answer all parts of a question at one place in continuous manner.
4. Please write as clearly as possible as illegible handwriting cannot be marked.
5. Support your answers with relevant authorities.
6. Candidates MAY bring the following statutes/treaties into the exam room and make
reference to the same:
a. 1951 United Nations Conventions on the Status of Refugees;
b. 1967 Protocol to the 1951 Convention on the Status of Refugees;
c. 1969 Organisation of African Unity Convention on the Specific Aspects of Refugee
Problems in Africa; and
d. The Zambian Refugees Act No. 1 of 2017.

This paper contains two parts; Section A and Section B. Section A is compulsory and
comprises two questions of 20 marks each. Section B contains five questions carrying 20
marks each. Answer any three questions from section B.

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO.

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 SECTION A

ANSWER BOTH QUESTIONS

QUESTION 1 [20 MARKS]

Article 1 (2) of the United Nations 1951 Convention on the Status of Refugees defines the
term refugee as follows:

For the purposes of the present Convention, the term “refugee” shall apply to any
person who:

As a result of events occurring before 1 January 1951 and owing to well-founded fear
of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his nationality
and is unable or, owing to such fear, is unwilling to avail himself of the protection of
that country; or who, not having a nationality and being outside the country of his
former habitual residence as a result of such events, is unable or, owing to such fear,
is unwilling to return to it.

Critically analyse and discuss the shortcomings of this definition and the practical difficulties
it creates, if any. Explain how the 1967 protocol and other subsequent regional treaties have
addressed these shortcomings.

QUESTION 2 [20 MARKS]

James is a citizen of Malawi and Mozambique but he feels more connected to Malawi where
he is a well-known politician. Notwithstanding his dual citizenship, James’s family only
enjoys Malawian citizenship.

A few months ago, James made a public statement which did not settle well with the
Malawian President. The President ordered the police to arrest James and leave him to ‘rot in
jail.’ James was extremely afraid because another opposition leader who was previously
arrested under similar circumstances has been in detention without a trial for 5 years now and
his family has been subjected to constant harassment and life-threatening torture. He
therefore decided to flee to Zambia. The entire family entered Zambia where they remained

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in hiding for 3 months, until when they were discovered by officers from the Department of
Immigration.

Upon interrogating James and his family, it was discovered that the entire family had no
travelling documents and were in the country without having complied with the provisions of
the Immigrations and Deportations Act No. 18 of 2010. Further interrogations revealed that
Peter, James’s firstborn son, was in fact listed on the Interpol Red Notice as an armed robber
who, 6 months ago, robbed and killed a woman in Malawi and he has since been on the run.
James and his entire family now wish to legalise their stay in the country by acquiring the
status of refugees. You are the legal officer in the office of the commissioner for refugees and
the matter is forwarded to you for your consideration. Advise the commissioner on how to
deal with James, James’s son Peter, and James’s wife and other dependants in relation to their
request for recognition as refugees. The Immigrations Department also wants to know if they
can prosecute James and his family for unlawful entry into the country. Advise.

SECTION 2

ANSWER ANY THREE QUESTIONS

QUESTION 3 [20 MARKS]

Section 21 of the Refugees Act No. 1 of 2017 allows the Minister to expel a recognised
refugee from Zambia if the Minister considers that the expulsion is necessary or desirable on
the grounds of national security or public order. Does this provision contravene the doctrine
of non-refoulement? Justify your answer.

QUESTION 4 [20 MARKS]

Article 26 of the United Nations Convention Relating to the Status of Refugees provides as
follows:

Each Contracting State shall accord to refugees lawfully in its territory the right to
choose their place of residence to move freely within its territory, subject to any
regulations applicable to aliens generally in the same circumstances.

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Notwithstanding the foregoing, refugees in Zambia are confined to refugee settlements areas
(refugee camps). Your friend who is a refugee argues that this is in breach of international
law in general and Article 26 of the 1951 Convention in particular. Defend Zambia’s decision
to confine refugees to refugee camps.

QUESTION 5

(a) Compare and contrast internally displaced persons with refugees. [10 Marks]

(b) “Not every asylum-seeker is ultimately recognized as a refugee, but every refugee
was initially an asylum-seeker.” Discuss this proposition while clearly showing the
differences and similarities, if any, between refugees and asylum seekers. [10 Marks]

QUESTION 6

Write brief notes about the following

(a) Stateless persons [5 Marks]

(b) Reservation clauses [5 Marks]
(c) Exclusion clauses [5 Marks]
(d) Cessation clauses [5 Marks]

QUESTION 7 [20 MARKS]

It has been suggested that Zambia’s decision to accede to nearly all international conventions
and treaties relating to refugees has contributed to the large influx of refugees to Zambia. Do
you agree? In any event, justify the need to accede to international treaties relating to
refugees.

END OF EXAM