The Zambian Civil Liberties Union (ZCLU) has expressed deep concern and outrage over the detention of two youth, Patience Mutima (25) and Ndayasiba Theophille (22), who were apprehended by immigration authorities from Chongwe and are currently being detained at Twin Palm Police Station in Lusaka.
Patience was born from refugee parents at UTH in Lusaka on 20th September, 2000 while Ndayasiba was born on 7th May, 2002. Despite never having set foot outside the country of their birth, they are now being treated as “illegal immigrants” by Zambian authorities, an act ZCLU deems not only unconstitutional but inhumane.
The situation of Patience and Ndayasiba reflects a much larger crisis where children born in Zambia from refugee parents are routinely arrested, detained and criminalised by Zambian authorities. These children are systematically denied their constitutional entitlement under Article 37 of the Zambian Constitution, which provides for such individuals to apply for Zambian citizenship.
These are children of Zambia by birth, hold National Identity cards issued by Zambia and should be registered as citizens. They grew up here, went to school here, and know no other home. Yet today they are treated as foreigners in their own country, locked up in cells meant for dangerous criminals.
We further note that the plight of such individuals is exacerbated by the lack of legal representation, with many languishing in unsanitary detention facilities, tried and even convicted as “illegal immigrants” without ever having migrated.
“There are many more children like Patience and Ndayasiba across the country, silently suffering. Some are locked up with hardcore criminals. Others are deported or live in fear of arrest, even when they have done nothing wrong. The legal system continues to fail them, and law enforcement treats them with indifference. We demand the immediate release of these two individuals and a halt to such detentions,” Mwanza declared.
The Zambian Civil Liberties Union calls on the Government of Zambia, the Ministry of Home Affairs, the Human Rights Commission, and all relevant stakeholders to address the systemic failure in protecting the rights of Zambia-born children of refugees. The Union also urges Parliament to review existing immigration and citizenship laws to align them with the Constitution and Zambia’s obligations under international human rights instruments.
The ZCLU has taken this matter to court to seek a definitive interpretation of the rights of Zambia-born children of refugees to apply and be registered as citizens under the Constitution.
Isaac Mwanza
Executive Director
Zambian Civil Liberties Union
It may look unfair to the two young men.
A Zambian should have an NRC. Without it you are not a citizen of Zed. Refugee professionals without NRCs can apply for jobs, but only alongside a work permit. Let Mwanza first fight for Zambianisation of these asylum seekers before he sheds tears of lamentation. Only then will they be backed by law. Currently, if you do not have one or both of your parent’s or relative’s NRC, then you YOURSELF do not qualify to obtain one.