The Legal Protection of Refugees in Zambia in the Light of International Law

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Date
2011-12-01
Authors
Sahinkuye, Mathias
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Abstract
The thesis focusses on the protection of refugees' human rights in Zambia in the light of international law. The importance of this subject is underlined by the fact that Zambia does not have enough and adequate means to deal with the refugee influx and the national pieces of legislation and practice do not give enough protection to refugees' rights provided for in international instruments. This legislation has been used often improperly, and together with the practice, it infringes fundamental individual rights and, therefore, undermines the Rule of Law. The study examines the extent to which Zambia is ready to admit asylum-seekers and to grant them asylum, and the reality that people face who seek or enjoy asylum in Zambia considering the international law on the one hand, and the Zambian juridical, economical and political situations on the other hand. It demonstrates that Zambia, considered as a part of the international community and having signed the international instruments relating to refugees, has the legal obligation to protect refugees. The thesis is divided into five chapters. Chapter one gives a general survey of Zambia and shows the different refugee movements which have occurred into Zambia. Chapter two examines the different stages necessary for the protection of refugees in Zambia. It brings out the meaning of 'refugee' in international law as well as in Zambian law. It explains why refugees have sought refuge and have been granted asylum in Zambia regardless of the legality or illegality of their leaving home and entry into Zambia. Furthermore, it analyses the Zambian procedure of granting asylum. Chapter three discusses the refugee problem in view of international law and the national legislation and practice of Zambia. Chapter five is a conclusion.
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Keywords
International Law , Legal Protection of Refugees - Zambia
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