Zambia at the 2023 Global Refugee Forum

By Isaac Mwanza

ON 13 DECEMBER, 2023, the global spotlight will shine on Geneva, where leaders from around the world will convene for the second Global Refugee Forum. The Zambian Government delegation, led by Her Honour the Vice President, Mutale Nalumango, will make appearance at Palexpo and seize the opportunity to spotlight Zambia’s achievements in implementing pledges made during the initial global gathering in 2019.

Crucially, our Vice President will unveil concrete pledges and contributions from the new administration, led by Republican President, His Excellency, Mr. Hakainde Hichilema.

These new pledges aim to propel the objectives of the Global Compact focused on fostering tangible benefits for both refugees residing in Zambia and the communities generously hosting them. The Global Compact on Refugees, endorsed by the United Nations General Assembly on 17 December, 2019, stands as a groundbreaking international framework fostering global solidarity to empower refugees.

In Zambia, where the Ministry of Home Affairs and Internal Security reported hosting 93,183 refugees as at October, 2023, including nearly 50 percent being children under 18, this Forum is particularly important. Of the children refugee population, 20,162 are females and 20,374 are males.

Notably, 1,489 children were born on Zambian soil in 2023 alone, inheriting the refugee status from their parents. Importantly, these refugee children, born and raised in Zambia, have never known any other home apart from Zambia. The principle of jus soli, recognizing the right to citizenship based on place of birth, underscores their claim to Zambian citizenship which we continue to deny them.

Essentially, the Zambian delegation to the 2023 Global Refugee Forum will be presenting Zambia’s more predictable and comprehensive response that covers the welfare and future of 31,694 refugee families and Zambians who live with them in those communities.

Since assuming the presidency in 2021, President Hichilema’s approach to refugee matters has somehow been methodical but the true litmus test lies in translating these commitments into tangible outcomes.

His administration has notably crafted a comprehensive national refugee policy, showcasing a new commitment to coordinated refugee response in Zambia. The implementation of an innovative modernization program for both refugees and host communities also underscores his dedication to fostering sustainable solutions.

A pivotal moment in this journey was the National Refugee Forum convened in Lusaka by this administration on 27 November, 2023 in partnership with the United Nations High Commission for Refugees Zambian office.

This inclusive gathering brought together diverse stakeholders both state and non-state actors, reflecting a proactive approach towards reviewing Zambia’s progress in fulfilling its 2019 pledges. The collaborative efforts at this forum culminated in the identification of new commitments, a testament of the administration’s commitment to a more participatory process in arriving at new pledges.

But Zambia has historically grappled, not with a shortage of leaders who make good promises or enact good laws but with a shortage of leaders who are translate their words into impactful actions.

In the year 2019, the Zambian government, under the leadership of the sixth President, His Excellency Dr. Edgar Chagwa Lungu, articulated a compelling vision for the integration and well-being of refugees. Among the seven significant pledges made, a paramount commitment was the completion of local integration for former refugees from Angola and Rwanda.

Former President Lungu’s administration recognized the need for flexibility in documentation of refugees, proposing the exploration of alternative identity documents beyond national passports for obtaining residence permits.

Recognizing the vital role refugees could play in national food security, the Lungu administration had further pledged to extend the Farmer Input Support Program (FISP) to include refugees. This foresighted initiative aimed not only to enhance the livelihoods of refugees but also to contribute to the overall food production capacity of the nation.

Former President Lungu’s vision extended to the social fabric, with a commitment to integrate refugees into the national education system. From early childhood to college and university education, the pledge sought to break down barriers, providing refugees with opportunities for learning and skills development.

While the above and many other pledges were made under the Lungu administration, it is imperative to critically assess the progress made. The implementation of the pledges made under previous administration exemplified the unfortunate trend of making grand promises without genuine commitment to delivery.

Despite international support from countries such as Sweden, Belgium, Japan, Germany, the United States of America, and Britain, which poured millions into local integration programs based on Zambian government pledges, the results were dishearteningly minimal under the previous regime.

Amidst these shortcomings, there was a glimmer of promise in the Lungu administration’s commitment to reforming refugee laws. Notably, their focus on crafting the law on naturalizing former refugees and facilitating their acquisition of Zambian citizenship addressed a historical lapse unfulfilled by the preceding MMD administration under President Levy Patrick Mwanawasa.

However, despite the passage of the refugee law in 2017, the tangible results in naturalizing former refugees or facilitating their journey towards Zambian citizenship remained disappointingly elusive under the Lungu administration. That administration lacked the courage to make such bold decisions.

In the wake of the November 2023 National Refugee Forum, Zambia is set on a transformative path with the adoption of nine ground-breaking pledges. The question now is whether, under the leadership of President Hichilema, Zambia can be on the brink of opening a new chapter in its commitment to providing long-term sustainable solutions and protection to refugees lawfully living within our borders.

These new pledges, unanimously embraced by all stakeholders including key state institutions, will chart the course for the Zambian government’s response to refugee challenges over the next four years, and President Hichilema has a rare opportunity to implement such pledges with backing from all stakeholders.

Anticipating Vice President Nalumango’s announcement in Geneva, one of the standout pledges revolves around enhanced local integration and documentation. Under this pledge, the Zambian government is expected to commit itself to naturalising 50 percent of former Angolan and Rwandan refugees born in Zambia who have reached the age of 18 by the close of 2024.

This commitment finds solid legal support in Section 49 of the Refugees Act, allowing the Minister of Home Affairs to confer naturalization on former refugees, and is reinforced by Article 37 of Zambia’s Constitution as the supreme law of the land.

Another pivotal commitment expected to be articulated in Geneva is the issuance of resident permits to 30 percent of refugees by 2027. The recommendation to extend permit validity to 10 years not only streamlines administrative processes but also enhances the stability and security of refugees residing in Zambia.

Another landmark pledge aimed at improving refugee livelihoods involves the Ministry of Small and Medium Enterprises Development, who it was agreed should provide support for self-employment of refugees. Many refugees, operating informally and without contributing taxes, will now have the opportunity to legitimize their businesses. This pledge by the Zambian Government will not only benefit refugees but also contribute to Zambia’s treasury as the informal sector in which refugees operate continues to gain recognition.

Building on the momentum from the previous regime, the Hichilema administration has now received the green light from the National Refugee Forum to persist in its commitment to grant refugees access to the entire cycle of education, recommending that barriers such as study permits hindering refugee children from pursuing higher education should be removed, promising equal opportunities for all.

Recent findings from a United Nations study unveiled in September 2023 underscore the urgency of addressing education gaps for refugee children. With only 50 percent of refugee children enrolled in 14 schools across three settlements, the study highlights the need for comprehensive educational reforms.

The Hichilema administration, backed by stakeholders who gathered at the National Refugee Forum and the international community, should break down these barriers, ensuring refugee children, even those born in Zambia, have unhindered access to tertiary education, without the burden of costly study permits or restrictions.

There is a whole robust support system which this administration can capitalize on which includes the existence of a good Constitution, existing laws, both non-state and state actors who support implementation of fresh pledges Government will be committing itself to. The crucial question lingers: does President Hichilema possess the capacity to turn these commitments into tangible actions?

The track record of the previous administration, despite promising pronouncements and commendable laws, faltered in the implementation phase. The Hichilema administration now faces the challenge of not just promising change but effectively enacting the necessary reforms.

Acknowledging the negative signs of the past regime and some positives exhibited thus far by this administration, it’s essential to exercise caution to prematurely judge President Hichilema and his administration.

Implementing the pledge on naturalization of former refugees in line with Section 49 of the Refugees Act will stand as a key challenge. President Hichilema will have to raise and counter anti-refugee sentiments and attitudes among certain public officers tasked with guiding this intricate process.

While President Hichilema may be committed to implementing the law on naturalization, the path ahead requires navigating through bureaucratic challenges and ingrained attitudes among some of his top civil servants.

If Zambia take bold steps as agreed by all stakeholders in November, 2023, the country will emerge as a beacon of commitment and inclusivity, setting a precedent for transformative refugee policies on the global stage.

As Vice President Nalumango takes the stage in Geneva, she carries not just the voice of the Zambian Government but the hopes and dreams of thousands of refugees, particularly the children whose lives are entwined with Zambia.

President Hichilema’s administration has the chance to transform promises into action, setting a precedent for compassionate governance and global responsibility. In this pivotal moment, the world will witness whether President Hichilema and his colleagues are doers of the word, turning rhetoric into positive change for those who need it the most.

We wish Vice President Nalumango and Zambian delegation a productive time in Geneva and we look forward to the report.

[The author is Executive-Director of the Zambian Civil Liberties Union (ZCLU) and all contributions should be channelled to [email protected]]