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Zambia’s Constitutional Court of Zambia has ruled that children born in the country to refugee parents are eligible for citizenship, in a landmark decision on nationality rights.
The ruling follows a petition filed by the Zambian Civil Liberties Union (ZCLU), which challenged restrictions affecting refugees and their children under the Constitution and the Refugees Act.
ZCLU, supported by the Global Strategic Litigation Council as amicus curiae, argued that the provisions violated Articles 266 and 37 of the Constitution.
In a unanimous decision by a seven-judge panel, delivered by Justice Musaluke, the court affirmed that constitutional principles on nationality are grounded in birth and descent.
“The framers of the Constitution deliberately anchored nationality in birth and descent, thereby affirming that those born within the territory or to Zambian parentage are, by operation of the law, members of the national community,” the court said.
The court also underscored that naturalisation remains a lawful pathway to citizenship, reflecting openness to individuals who seek integration through residence and allegiance.
It further ruled that the definition of “ordinarily resident” in Section 2 of the Citizenship of Zambia Act, which requires a residence permit under immigration law, is inconsistent with the Constitution and therefore invalid to the extent of that inconsistency.
While the court dismissed a separate claim relating to non-compliance with Article 79, the judgment was widely seen as a significant step in advancing citizenship rights.
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The decision was welcomed by ZCLU Executive Director Isaac Mwanza.
“The removal of this legal barrier represents a critical first step towards ensuring that individuals born in Zambia, who know no other home, can fully belong and live with dignity,” Mwanza said.
He added that many refugees are law-abiding and contribute positively to society, and expressed hope the ruling would support deeper integration.
ZCLU said the judgment overturns earlier interpretations, including a 2023 parliamentary position that upheld the contested provision when lawmakers declined to adopt a private member’s amendment bill sponsored by Imanga Wamunyima.
“Today’s judgment provides authoritative clarification and settles the matter in favour of constitutional supremacy,” Mwanza said.
The organisation said it would work with government institutions to support implementation of the ruling, including administrative reforms to facilitate access to citizenship.
The respondents in the case included the Commissioner for Refugees, the Department of National Registration and the Citizenship of Zambia Board, represented by the Attorney General’s office.
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