Summary<\/p>\n
This study was commissioned by the Zambian government with support from the United Nations High Commissioner for Refugees (UNHCR) following government\u2019s pledge to become party to the 1961 Convention on the Reduction of Statelessness at the Ministerial meeting held in Geneva in December 2011, in commemoration of the 60th anniversary of the 1951 UN Refugee Convention and the 50th anniversary of the 1961 Convention.<\/p>\n
This is in line with government\u2019s recognition of the need to strengthen the country\u2019s legal framework on citizenship. Results of the study were meant to inform state action to become party to the 1961 Convention and to develop a strategy to deal with statelessness in the country either for populations already affected or at risk of becoming stateless.<\/p>\n
The objectives of the study were to assess the root causes of statelessness or the risk of becoming stateless in Zambia; to review the current national legal, policy and administrative framework on nationality in Zambia and its conformity with the 1961 Convention on the Reduction of Statelessness and other international standards relevant to the prevention and reduction of statelessness; to recommend necessary changes to Zambia\u2019s legislation on nationality in order to conform it to the 1961 Convention and other relevant international standards; and to recommend practical steps to implement Zambia\u2019s pledge to accede to the 1961 Convention.<\/p>\n
The study was exploratory in nature given that not much was known about statelessness issues in Zambia. The sources of information included officials in relevant organisations in government and outside government concerned with nationality issues, and people at risk of becoming stateless both among migrant groups and non-migrant groups. A review of current laws on citizenship in Zambia was also done.<\/p>\n
From<\/span> the<\/span> findings,<\/span> there<\/span> is<\/span> no<\/span> organisation<\/span> which<\/span> has<\/span> the<\/span> primary<\/span> responsibility of dealing with the issue of statelessness apart from UNHCR <\/span>due to its formal mandate. However, there are other organisations that<\/span> collaborate with UNHCR in trying to address the issue of\u00a0 statelessness in<\/span> Zambia<\/span> including<\/span> IOM,<\/span> UN<\/span> Women,<\/span> UNICEF,<\/span> UNFPA<\/span> and<\/span> OHCHR.<\/span> Generally, findings show that cases of statelessness in Zambia are and<\/span> that there are no statistics available currently on statelessness in Zambia.<\/span> <\/span><\/p>\n However, three suspected cases of statelessness were identified. In all the<\/span> three cases, the main problem was lack of identity documents for the<\/span> people concerned. In spite of the rare occurrence of statelessness, it was<\/span> found that the risk of becoming stateless in Zambia is very high, both<\/span> among migrant such as refugees and former refugees, and non-migrant<\/span> populations. For migrant populations the risk arises due to lack of proper<\/span> identity documents especially passports and residence permits. Lack of<\/span> identity documents also extended to the children of refugees and former<\/span> refugees. Worse still, rates of birth registration, and possession of birth<\/span> certificates were found to be low among the children of refugees and former<\/span> refugees.<\/span><\/span><\/span><\/p>\n Lack of knowledge of nationality laws was also found to be a problem likely<\/span> to put foreign nationals resident in Zambia at risk of becoming stateless.<\/span> This is mainly because of the misconception that being born in Zambia<\/span> automatically<\/span> guarantees<\/span> someone<\/span> Zambian<\/span> citizenship.<\/span> But<\/span> without<\/span> taking<\/span> steps<\/span> to<\/span> safeguard<\/span> their<\/span> nationality<\/span> or<\/span> apply<\/span> for<\/span> Zambian<\/span> citizenship,<\/span> such<\/span> people<\/span> could<\/span> find<\/span> themselves<\/span> stateless<\/span> should<\/span> their <\/span>countries of origin not recognise them as nationals. For non-migrant<\/span> populations<\/span> in<\/span> Zambia,<\/span> among<\/span> the<\/span> major<\/span> factors<\/span> for<\/span> the<\/span> risk<\/span> of<\/span> statelessness<\/span> is<\/span> lack<\/span> of<\/span> national<\/span> identity<\/span> documents<\/span> especially<\/span> birth<\/span> certificates and national registration cards.<\/span><\/span><\/span><\/p>\n The recommendations of the study are that there is need to establish<\/span> procedures for the identification, protection of legal status and\u00a0 acquisition<\/span><\/span> of citizenship by stateless persons, and to ratify the 1961 Convention on<\/span> the Reduction of Statelessness in the light of the international instruments<\/span> to which Zambia is a state party (which are discussed in detail in the<\/span> report).<\/span><\/span><\/p>\n