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.
That’s not right. read your constitution before you make such claims. The constitution is very clear about Zambian citizenship
Customs Officials and Police in Chongwe Make a lot of money. They intimidate citizens, especially born from Foreign Parents just to make money from them. where they refuse or have nothing? Such happens. Chongwe needs a cleanup because even the MP Masebo is the most corrupt woman. We wonder why HH has not fired that B.i..tch.
Hasn’t Zambia already had two past Zambian presidents said to be of foreign parentage and birth ? We can’t be having such double standards mwaiche.
Three I think. Four if we include HH whose mother is from Zim
We don’t even know the father of the current president. He is rumoured to be a Mwakusya cattle trader.
ZP, Stop troubling young harmless kids while you ignore the criminals all over Lusaka. Ndaba the refugee kids can’t bribe you?
I dont think its ZP. The immigration department is the respondent to this wrong.
Taking the matter to court was commendable. The courts are not the best but they remain the right resort. However, it is not automatic to become a Zambian simply because a person was born here in Zambia. At the time of majority, the person needs to justify their claim to Zambian citizenship. The parents being foreigners, the natural choice is to choose the nationality of the parents. Why is the case so special? Becoming a Zambian citizen is a human rights issue. It needs to be guarded jealously. It is called patriotism
Well articulated Doc.
1. They should ensure the issuing of Zambian NRCs is smooth and efficient.
2. You can’t be calling a 22 and 25 year old as children. Those are adults.
3. This article is ambiguous. Law enforcement can’t just arrest you if you have a Zambian NRC provided. And proof you were raised in Zed. I know so because I was almost nabbed by immigration on the Copperbelt because of my poor bemba. They thought I was Congolese but I provided evidence with ease.
True. This are traffiked persons trying blend in as Zambians. Just their last names raises questions. Isaac Mwanza needs to be careful some of the advocacy cases he is taking.
Manu, you have to be Congolese, I mean, Southerners & Westerners probably have poor bemba, but they certainly DON’T sound Congolese!!!!
Keena to be mistaken for a Congolese from your accented Bemba, it must have been by really amateur bribe seeking ZP officers. A Congolese accent can’t be mistaken for any Zedian speak
These people called children are unlike what is shown in the picture above. They are full employed grownups. If they are Zambian registered refugees, what they only need to get employed is a work permit not an NRC. These two were rounded at a shop they were working from. ZCLU is as irresponsible as the Executive Director himself is.
The report says youth, not children
@Umuluba keep on stroking your manhood expecting the sun to rise from the west. HH is the President whether you like it or not. He is a Zambian. Keep on dreaming consoling yourself with this nonsense you said
Interesting that Trump wants to end birthright citizenship and the whole world is angry about this but babies of refugees are treated like criminals and not a sound is heard from the world press.
This is unpleasant and a serious oversight. These are the issues that need immediate attention.
Where should they be?