ZCLU ENGAGES ATTORNEY GENERAL ON CITIZENSHIP

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ZCLU ENGAGES ATTORNEY GENERAL ON CITIZENSHIP

The Zambian Civil Liberties Union has written to the Attorney-General to request a meeting on the implementation of a court judgment to benefit the refugee community, which has been the organisation’s primary target.

Zambian Civil Liberties Union Executive-Director Isaac Mwanza explained this follows the judgment of the Constitutional Court this year on acquisition of Zambian citizenship.

Mwanza highlighted that in that judgment, the Court stated that children born within the territory or to Zambian parentage are, by operation of the law, members of the national community.

He emphasised that the landmark judgment has to a large extent been a milestone in resolving the potential statelessness children born from refugee parents face.

Mwanza noted that the judgment further recognised naturalisation as a lawful means to acquire citizenship and integration of refugees into the Zambian polity.

He pointed out that the judgment also outlawed the definition of ordinarily resident, which imposed the requirement for a permanent resident permit as a means to acquire citizenship.

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Mwanza observed that this is expected to open doors to those who meet constitutional requirements to make application for naturalisation.

He clarified that ZCLU has not provided guidance to any refugees or their children born in Zambia who intend to correct their citizenship status.

Mwanza revealed that his organisation is aware that an increased number of them are approaching the citizenship office under the impression that ZCLU has offered guidance.

He stressed that while those who may want to test the application of the judgment are free to do so, the advice is not coming from ZCLU and its staff, as they are pursuing means with the State on the implementation.

Mwanza explained that these means may include further litigation on such matters.

He acknowledged that the journey may be long, especially as State institutions responsible to help out are themselves not willing to push the agenda, but he keeps the faith that they shall reach the destination sooner.

Mwanza further recognised the brevity of the Judges to have made such a landmark judgment that will shape the future of his organisation’s work and litigation ahead.

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