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Zimbabwe Refugee Law Reader

Zimbabwe Refugee Law Reader
Jurisdiction
Zimbabwe
Date
1 January 2025
Language
English
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1 Populations of concern: data and statistics

1.1 Registration of asylum seekers and refugees

Zimbabwe is registering refugees and asylum seekers. According to the UNHCR there were 11,803 asylum seekers and 10,318 refugees recorded in March 2023.

1.2 Repatriation and resettlement of refugees

69 cases (275 Individuals) have been submitted for resettlement since the beginning of 2023 and 142 cases (369 individuals) have departed to the USA. According to UNHCR, there were 173 resettlement departures for 2022. Additionally, according to UNHCR, there were no repatriation cases in 2022. It also states: “118 persons of 30 households, all from Rwanda were affected by cessation.”

4 Reception and treatment of asylum seekers

4.1 Reception facilities

4.1.1 Access to reception facilities for asylum seekers

The Refugees Act states the following:

In reality the reception facilities are at Tongogara Refugee Camp, which constitutes a geographical limitation as it is in Manicaland Province and about 40 km from the border of Mozambique.

According to a UNHCR report, upon arrival in the camp, asylum seekers are settled in the reception centre within the camp where they await refugee status determination conducted by the Zimbabwe Refugee Committee (ZRC). The eligibility body comprises the Department of Social Services with the Commissioner for Refugees as Chair, the Department of Immigration, Department of State Security, Zimbabwe Republican Police and UNHCR as an observer. The ZRC sits in Tongogara camp once a month. A joint UNHCR Government of Zimbabwe Standard Operating Procedures (SOPs) govern registration. New arrivals are received by the Commissioner of Refugees for initial interviews and later introduced to the ZRC for RSD interviews. Once accorded refugee status, they are then registered in UNHCR’s database (proGres). Registration is conducted on an on -going basis for urban -based refugees. Asylum seekers whose claims are rejected during the initial hearing can appeal to the Minister to have their cases reviewed.

4.1.2 Further accommodations made for reception of particularly vulnerable groups among asylum seekers

There is no provision in the Act and Regulations on ensuring that reception is sensitive to varying needs. However, the Government of Zimbabwe Standard Operating Procedures (SOPs) may contain gender- age- and other sensitivity. Although a copy of the SOPs were requested, it was not shared with the author.

4.2 Detention and alternative(s) to detention

4.2.1 Detention of asylum seekers

No, there is no provision made for the detention of asylum seekers in the Refugees Act or Immigration Act pending the granting of refugee status. The Immigration Act states that immigration officers can detain persons who have entered Zimbabwe unlawfully. However, this must be read with section 11 of the Immigration Act which states that no one should enter Zimbabwe other than through a port of entry [unless] they are subsequently recognised as a refugee. When read together it suggests that an asylum seeker would not be detained for entering unlawfully (such as not entering through a port of entry). See section 8 and 11:

Section 9 of the Refugees Act states this more clearly: it says that once a person who has irregularly entered has applied for asylum, they should not be prosecuted for their unlawful entry. Presumably, this would include not being detained.

Essentially, section 16 provides for detention of refugees pending their expulsion under section 15.

Although this does not directly concern asylum seekers, which is what the question asks about, it might be worth mentioning that the Immigration Act also gives immigration officers the power to detail prohibited persons pending their removal from Zimbabwe. It is also worth mentioning that a 2014 UNHCR report to the UPR states that detention for migration-related offences is commonly used. Like the UNHCR report, Global detention project also states that detention is often used for migration related offences, for example for unauthorised entry or stay, for unauthorised exit and detention to establish and verify identity.

4.2.2 Detention of Children

The Constitution authorises detention, although it is to be used as a measure of last resort. See section 81:

Section 16 of the Children’s Act also authorises the detention of children:

4.2.3 Detention conditions set out in the laws and regulations

Section 50(5)(d) of the Constitution states:

Section 16 of the Refugees Act states:

[note that the section in the Refugees Act only applies pending expulsion, but it does set out standards to a certain extent, such as where a person can be detained]

Section 9 of the Immigration Act states:

The Children’s Act mentions the conditions of detention of a juvenile who has committed an offence (so not related to the conditions of detention for migrants but still worth being aware of):

Further, section 63(2)(c) of the Prisons Act also stipulates youth offenders as a group of prisoners that should be kept separate from other categories of offenders.

A 2018 report on the conditions of detention in Zimbabwe (in prison specifically and not police cells etc) indicates that legislative undertakings are not being met.

4.3 Assistance

4.4 Asylum seekers rights

4.4.1 Right to Family Unity

To start with, the Constitution provides for:

It also provides family rights for children and within marriage:

The Refugees Act makes provision for family unity for refugees, but offers less protection that that under the Constitution:

The above section is not neatly in alignment with section 8:

Section 8 provides family unity to families in the sense that it permits families to remain together pending the finalisation of refugee status.

Section 9 of the Refugees Act demands the Cessation or stay of proceedings in respect of illegal entry by refugees and their families, where the refugee is currently applying for lawful refugee status, or has been declared a lawful refugee as per the Refugees Act. Section 11 then requires that The Minister shall endeavour to ensure that members of the family of a recognized refugee are permitted to enter Zimbabwe and, subject to that section, to remain therein.

4.4.2 Socio-economic rights afforded to asylum seekers: work, education healthcare and freedom of movement

Freedom of movement

Zimbabwe specifically entered a reservation to Article 26 of the 1951 UN Refugee Convention relating to freedom of movement. Further, Zimbabwe has an encampment policy requiring all refugees to stay at Tongogara Refugee Camp. The Refugees Act gives expression to this through section 12(2) of the Refugees Act:

Health care

The important provisions from the Constitution are as follows:

The provisions in the Constitution are available to citizens, people, permanent residents, everyone and sometimes the use of the words “no person”, for example “no person may be refused certain rights”. They have been underlined in the text above for clarity. The entitlements that are available to “everyone” include:

  • The State must take appropriate, fair and reasonable measures to ensure that [no person] is refused emergency medical treatment at any health institution
  • [Every person] living with a chronic illness has the right to have access to basic healthcare services for the illness.
  • [No person] may be refused emergency medical treatment in any health-care institution.
  • [Every child], that is to say every boy and girl under the age of eighteen years, has the right—(f) to education, health care services, nutrition and shelter
  • [People] over the age of seventy years have the right—(b) to receive health care and medical assistance.

Work

The Refugees Act states:

This means that refugees will be allowed the same rights and restrictions in relation to wage-earning work that other non-citizens have or are subjected to

The Schedule to the Refugees Act states:

However, Zimbabwe made reservations to the 1951 Convention in relation to wage-earning employment (Article 17) which states:

Article 17 - Wage-earning employment

  1. The Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country in the same circumstances, as regards the right to engage in wage-earning employment.

  2. In any case, restrictive measures imposed on aliens or the employment of aliens for the protection of the national labour market shall not be applied to a refugee who was already exempt from them at the date of entry into force of this Convention for the Contracting State concerned, or who fulfils one of the following conditions:

    1. He has completed three years' residence in the country;

    2. He has a spouse possessing the nationality of the country of residence. A refugee may not invoke the benefit of this provision if he has abandoned his spouse;

    3. He has one or more children possessing the nationality of the country of residence.

  3. The Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals, and in particular of those refugees who have entered their territory pursuant to programmes of labour recruitment or under immigration schemes.

In practice, UNHCR states: “Restrictions on freedom of movement and employment, grounded in the country’s reservations to Articles 17 and 26 of the 1951 Convention relating to the Status of Refugees have meant that refugees are obliged to reside in the TRC and are fully dependent on humanitarian assistance without any meaningful prospects for local integration. This said, the government has shown flexibility in allowing refugees to reside elsewhere, principally in Harare and Bulawayo, take up employment in the informal sector and issue work permits for professionals.”

The 2016 UNHCR report to the UPR states:

Lack of formal access to wage-earning employment

Refugees do not have formal access to the labour market and are therefore compelled to work in the informal sector, often working under duress, or in jobs presenting special hazards and risks. In order to reside in urban areas, refugees have to demonstrate that they have the wherewithal to fend for themselves, yet they are not allowed to seek formal wage earning employment. Nonetheless, refugees with resources to run private businesses are authorized to do so, and those who are qualified in professions with limited human resources, such as health services, may be allowed to work.

Education

Section 27 (1) of the Constitution states:

The Education Act states:

The definitions section defines school as:

The Refugees Act states:

The Articles referenced in the Act then make reference to education as follows:

Article 22 – Public education

2.The Contracting States shall accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.[Please note: numbering as in original.]

This Article is from the 1951 Convention. What is odd about how it is contained in the Act is that it omits paragraph 1 from the 1951 Convention which states: “1. The Contracting States shall accord to refugees the same treatment as is accorded to nationals with respect to elementary education”. This would have bestowed the right to education through the Act.

In any event, in reality refugees and asylum seekers at Tongogara Camp attend school at the schools in the camp, although a UNHCR report states that the enrolment numbers exceed the schools capacity.

4.4.3 Access to UNHCR facilities for asylum seekers

They do not provide for right of access to UNHCR but in reality, refugees and asylum seekers come into contact with UNHRC on arrival.

4.5 Child best interest

4.5.1 Determination of ‘Child’s Best Interest’ principle among asylum seeker children

The Children’s Act itself does not specify what considerations should be taken into account to ensure that best interests are determined in the asylum process; nor does the Refugees Act.

The UNHCR and Government of Zimbabwe have Standard Operating Procedures for asylum seekers which may contain procedures. UNHCR also has multiple broader guidelines for country operations, but these are not specific to Zimbabwe.

In respect of unaccompanied minor children, the National Case Management System for the Welfare and Protection of Children in Zimbabwe could apply. They are however guidelines (and not legislation), the purpose of which are to protect children from abuse, neglect, violence and exploitation. They come into operation when government departments or agencies are alerted to a case of children protection, which would include unaccompanied minors. They set procedures for when a case is reported, which include initial interviews and assessments. The interviews and assessments are guided by an intake sheet designed to gather as much information as possible about the child’s family, survival, general health, development, social history, behaviour, education, aspirations and how well the child’s family can look after them. However, once this information is obtained there are no specific best interest determination guidelines.

4.5.2 Current measures to address separated asylum seeker children

There is nothing in the law that makes provison to ensure children are not separated from their families. However, the SOPs may contain provisions relating to family unity but was not made available to the researcher.

4.5.3 Registration of births and documentation among asylum seeker children

In terms of the law, yes, birth registration and documentation is provided for. See the Births and Deaths Registration Act:

5 Refugee Determination Procedures

5.1 Procedural guarantees

5.1.1 Reception official at first instance

There is an expert authority who makes first instance decisions.

See section 6 of the Refugees Act:

5.2 Confidentiality

5.2.1 Confidentiality of personal information and data

The Constitution provides for a right to privacy, which non-exhaustively includes certain things:

However, the Refugees Act and related regulations do not contain any provisions over and above this.

The Cyber and Data Protection Act provides that informed consent should be obtained in certain instances, but the Refugees Act and regulations do not contain anything specific. The Cyber and Data Protection Act:

In terms of the Act, consent is defined as follows:

Sensitive data includes:

Everything disclosed in the asylum process is sensitive according to the definition of sensitive.

In respect of data protection principles and whether they are respected in the asylum process, the Cyber and Data Protection Act should apply and does make provision for data protection.

There is no provision for that in the law but the basic principles relating to the processing of information under the Cyber and Data Protection Act as set out above will still apply. Processing is defined fairly broadly:

5.3 Registration

5.3.1 Registration of family members of registered asylum seekers

Family members are registered and issued with appropriate individual documentation until a final decision. The documentation that the Act mentions is [temporary] identification.

Regulation 5 states:

  1. Issue of temporary identity card.
  1. During an inquiry or an investigation conducted by the Committee, in terms of subsection (2) of section 4, the Commissioner shall issue to each applicant and every member of his family a temporary identity card on Form ZR 3 set out in the Schedule.

This implies that all members of the household are registered.

The Refugees Act states:

According to UNHCR, the temporary ID card is renewed every six months.

5.3.2 Obstacles to applying for asylum while in detention

The Immigration Act does not contain appear to contain any probitions on applying for asylum from detention. The Regulations state:

  1. Transit centre.

  1. Any person who arrives as a refugee in Zimbabwe shall be kept at a transit centre, until his status as a refugee is determined by the Commissioner.

  2. The officer-in-charge of a Transit Centre shall not admit any person as a refugee to such centre unless the officer-in-charge completes the entry Form ZR 10, set out in the Schedule, in respect of such refugee.

  3. No person who has been admitted to the Transit Centre as a refugee shall leave the centre for any purpose, unless authorized to do so, in writing, by the officer-in-charge of such centre, and such authority shall be given on Form ZR 11 set out in the Schedule.

  4. The officer-in-charge of a Transit Centre may, having regard to the health and welfare of persons admitted to the centre as refugees, engage the services of such persons in any work involving physical exertion.

  5. The officer-in-charge of a Transit Centre shall -

  1. maintain a register of all persons admitted as refugees to such centre in terms of subsection (1); and

  2. submit monthly return of all persons admitted as refugees to such centre on Form ZR 12 set out in the Schedule; and

  3. furnish any other information relating to the administration of such centre as the Commissioner may require from time to time.

In practice, it appears that newly arrived asylum seekers are taken to the Transit Centre in Tongogara Camp and are interviewed on arrival by Department of Social Services and the Committee.

5.3.3 Making a claim for asylum at the border

The law is silent on this. In practice, newly arrived asylum seekers are not interviewed at the border but are taken to the transit centre at the Tongogara Refugee Camp, where they are interviewed by the Committee for purposes of obtaining refugee status.

The law does not say, but according to information obtained in respect of the actual practice in Zimbabwe, newly arrived asylum seekers are brought to the transit centre in Tongogara Refugee Camp and are interviewed and registered there.

There is no provision made under the law for asylum claims to be submitted at the border. Like the UNHCR brochure referenced above, an IOM report also suggests that asylum seekers are transported to the refugee camp before any processing occurs (page 33). The implication here is that claims are not submitted at the border but at the refugee camp when asylum seekers are transported there.

5.3.4 Necessity of travel or identity documents for concerned persons

There is nothing contained in the Act or Regulations that requires the presentation of identity documents to submit an asylum claim. If it did, this would be inconsistent with international law. Section 13 of the Immigration Act supports this proposition to some extent in that it permits a person to enter without documents if they later get refugee status:

5.3.5 Challenges for individual asylum seeker claims for females

The law does not require that female-asylum seekers are advised in a language that they undersrand that they have the right to make their own application due to havnig a valid claim of their own.

5.4 Limits and barriers for asylum applications

The exclusion from refugee status could constitute an automatic barrier to refugee status, but it is not clear whether the persons refugee status is determined first and then they are excluded or if their claim is never considered.

The relevant section of the Refugees Act:

In terms of submissions of asylum applications there is no time limit set out in the Act, regulations or case law.

With regards to the ‘safe third country concept’, there is no provision for that in the Refugees Act or regulations and no agreements to that effect could be located. The laws and regulations do not provide for the application of the first country of asylum concept.

5.5 Adjudicating claims

5.5.1 Standard of credibility for an asylum claim

The national laws and regulations do not state whether credibility assessments will be conducted in the manner described above. Even in the South African context the laws do not provide this level of detail. The Standard Operating Procedures may provide detail on credibility assessment.

The national laws and regulations do not provide that the credibility of the asylum seeker's statements relating to each material element must be assessed with reference to credibility indicators.

5.5.2 Provisions and standards for decision makers

The laws are scant in this regard and have the following details:

Refugees Act:

The Regulations state:

  1. Reference of application to the Committee
  1. Subject to subsection (3), the Committee shall conduct an inquiry or an investigation, as it deems fit, in respect of an application referred to in terms of subsection (1) and in conducting such an inquiry or investigation, afford such applicant, an opportunity to be heard, and at any such hearing, the applicant may adduce evidence, documentary or oral, in support of his application.The Committee shall maintain a record of such inquiry or investigation on From ZR 2, set out in the Schedule.

5.5.5 Assessment of individual claims of family members and dependents of potential refugees

The Refugees Act and regulations do not contain an automatic assessment of a family members claim as independent from the principal applicant. However, they do make explicit that nothing [prevents] the family of a recognised refugee to apply for refugee status:

5.6 Interview and decision making at first instance

5.6.1 Interview and decision making process at first instance

Neither the Refugees Act nor the regulations make any provision for the right to an interview. The Refugees Act only states:

No provision is made to ensure that the Committee has to conduct an interview.

5.6.3 Access to ‘Country-of-Origin Information’(COI) available to decision makers

The law does not state that the central asylum authority has to provide accurate and up-to-date country of origin information to enable decision-makers to appropriately assess the claim.

5.6.4 An asylum seekers access to a decision and possibility to appeal

The nationals laws do not provide that asylum-seekers are given access to their personal interview report, and that their approval should be sought on the contents of such report to avoid misunderstandings and clarify possible contradictions.

5.7 Accelerated procedures

The legislation does not make provision for accelerated procedures to be made.

5.8 Appeal and remedy

5.8.1 Asylum seekers right to appeal decisions

The Refugees Act makes provision for an appeal of the Commissioner’s decision to the Minister:

The Regulations state:

  1. Appeals to the Minister.
  1. Any person aggrieved by a decision of the Commissioner -

  1. by the refusal of recognition of his application for refugee status, in terms of subsection (4) of section 7 of the Act; or

  2. by the withdrawal of the recognition of refugee status, in terms of section 14 of the Act;

may, within 7 days of receipt of information, in writing, of such refusal or withdrawal, as the case may be, appeal, in writing, to the Minister.

  1. In an appeal made in terms of subsection (1), the Minister shall determine such appeal in terms of subsection (6) of section 7 of the Act.

  2. Where an appeal has been made by an applicant to the Minister, in terms of subsection (1), the Commissioner shall notify the applicant the results of such appeal on Form ZR 5 set out in the Schedule.

  3. Where an appeal has been made by an applicant, in terms of subsection (5) of section 7 of the Act, which appeal is unsuccessful, the Commissioner shall notify such applicant of the extension of period of stay granted by the Minister, in terms of subsection (2) of section 8 of the Act, on Form ZR 6 set out in the Schedule.

5.8.2 Administrative assessment of appeals

The appeal is made to the Minister, not an authority. The Minister is independent from the Commissioner and Committee.

5.8.3 Outcome of an appeal decision: what is available to the asylum seeker

The Act only states that the applicant will be notified but not that the reasons will be given.

The Regulations state:

  1. Granting of refugee status.
  1. After considering any advice given to the Commissioner by the Committee, in respect of any inquiry or investigation conducted in terms of section 4, the Commissioner shall notify the applicant on Form ZR 3A whether the applicant and members of his family, if any, have been recognized as refugees or not.

The Regulations to not contain a copy of the form so what detail it is supposed to contain is unclear.

Is such information shared with the asylum-seeker in writing as soon as possible to allow him/her to lodge an informed appeal?

Neither the Refugees Act nor its related regulations contain any timeframes in terms of how long the first instance body has to make a decision within. The only timeframe is in section 7(3) of the Act as follows (see underline below):

Is the asylum-seeker informed verbally in a language he or she understands of the reasons for the decision, his or her right to appeal an adverse decision, and the applicable timeframes and procedures for such appeal?

The Refugees Act and regulations do not make provision that the asylum seeker will be informed of the reasons for the decision in a language that they understand. It also does it say that they should be informed of the right to appeal and the timeframes for that (though the timeframes for the appeal are contained in the Act). However, the regulations make reference to the asylum seeker being given notice of the decision of the Commissioner on a Form ZR 3A. I cannot locate this form. It may notify the asylum seeker in writing that they can appeal and the timeframe within which this happens.

5.8.4 Procedures and standards of appeal hearings or interviews

The Minister is entitled to take into account considerations of both fact and law. See section 7(6) of the Refugees Act which permits the Minister to take into account new information:

The Act makes provision for the Minister to make such further inquiry and investigation as he sees fit but it does not explicitly provide for an interview or hearing. The Regulations also do not make provision for an interview or hearing. In conclusion it seems that the power to have a hearing exists if the Minister sees fit. In pratice, refugees are interviewed.

5.8.6 Period between appeal hearing and final decision

There is a suspensive effect:

5.9 Asylum seekers with specific needs

5.9.1 Children

Special measures for asylum-seeker children

There is no provision in the refugee law for this. There are also no general principles in the Constitution or the Children’s Act relating to how to treat matters concerning children.

Priority granted to processing of asylum seeker children

Currently the law does not make no provision for this.

Right to legal representation for asylum seeker child

The law makes no provision for this.

Age assessment for children whose age is in doubt

While refugee law doesn’t make provision for this, the Children’s Act makes provision for age estimation in proceedings initiated [under] the Children’s Act:

5.9.2 Person with disabilities

Special measures for people with disabilities

In terms of refugee laws, there are no specific provisions ensuring the needs of persons with disabilities are met during the asylum process. Although the Constitution contains a provision on the rights of persons with disabilities, none would provide protection or accommodation in the asylum process.

5.9.3 Women

Informing women about their right to make individual asylum claims

This is not specifically provisioned for in local laws or practice. Only at the stage of withdrawal are the family members of refugees mentioned and their right to make a separate claim (which would in many cases be too late to make a claim that has the potential to be successful).

5.9.4 LGBTIQ

Special measures for claims made by lesbian, gay, bisexual, transgender, or intersex, queer (LGBTIQ) individuals

This is not specifically provisioned for in local laws. It is important to note that Zimbabwe still considers homosexuality illegal in many contexts which brings into question whether protection is granted for being LGBTIQ is uncertain.

There are no specific provisions that LGBTIQ claims will be admitted and processed on the merits and whether this will happen is uncertain given that homosexuality is criminalised in Zimbabwe in many contexts.

5.10 Recognition of refugee status

5.10.1 Average processing time, from the asylum claim registration to the decision on refugee status

The Refugees Act contains a timeframe for the consideration of asylum applications but it is not particularly clear. Further, it contains a condition that the timeframe only needs to be complied with if it is not impossible or inexpedient to do so:

In addition to containing a condition, section 7(3) also states that the Committee can make inquiries and investigations after the 30 day period. This would mean that the Committee would not be able to consider the application within the 30 day period.

The Regulations do not contain any time frames in relation to the consideration of an application.

5.10.2 Types of residence offered to refugees by legislation

The approach to residence of refugees in Zimbabwe is based on an encampment policy. Zimbabwe entered a reservation in respect of Article 26 of the 1951 Convention which relates to freedom of movement which has knock-on effects for residence (for example, it limits the possibility of living in urban areas).

Further, the Refugees Act states in section 12(2) that

5.10.3 Duration of refugee status

The legislation does not provide a minimum time frame for how long it is granted.

The law is silent on what form formal recognition will take. However, the Regulations do mention temporary identity documents.

In practice, when formal refugee status is granted, then an identity document is issued.

5.10.4 Issuance of individual identity documents certifying refugee status

The Refugees Act provides for the issuance of identity cards in section 11:

5.10.5 The effect of familial changes on an individual’s refugee status

Section 11 states:

However, if the recognised refugee dies, the family members retain status:

5.11 Recognition of alternative status

5.11.1 Forms of complementary or temporary protection in legislation

The only thing that could be considered complementary status is:

  1. Meaning of “refugee”
  1. Subject to this section, a person shall be a refugee for the purposes of this Act if—
  1. he has been considered a refugee under the Arrangements of the 12th May, 1926 and the 30th June, 1928, or under the Conventions of the 28th October, 1933 and the 10th February, 1938, the Protocol of the 14th September, 1939 or the Constitution of the International Refugee Organization

5.12 Exclusion, cancellation, revocation, and cessation

5.12.1 Exclusion

Grounds for exclusion under legislation

Section 4 of the Refugees Act states:

Definition of ‘serious non-political crime’ in terms of grounds of exclusion

It is a ground for exclusion but there is no definition for it.

Standard of proof for exclusion

It is not clear from the Refugees Act when exclusion is considered.

It is not stated. If the Commissioner relies on the Handbook on Procedures and Criteria for Determining Refugee Status when assessing asylum claims then the standard of proof in the context of exclusion is clear and credible evidence.

5.12.2 Cancellation

Substantive grounds for cancellation of refugee status under law

There are no legislative provisions for cancellation of refugee status, only withdrawal . However, the withdrawal sections in the Refugees Act seem to include instances of cancellation of refugee status ,for example if the term cancellation is used when the person ceases to be a refugee:

Redetermination of refugee status during time of cancellation

Section 14(2) of the Refugees Act states:

There is thus the chance to make representations to the Committee regarding the person’s status as a refugee in terms of section 14(2)(b). It appears to happen within the cancellation procedure.

Access to an interpreter during cancellation proceedings

The law does not specify.

The right to appeal or review cancellation decision

Section 14(5) and (6) of the Refugees Act:

Status of a refugee prior to the finalization of cancellation

Section 14 addresses this:

5.12.3 Revocation

Grounds for revocation of refugee status under law

There are some provisions for revocation. Again, they overlap with the term used above “cancellation”. It can be understood that revocation in this context occurs in the event of being mistakenly granted refugee status.

Notifying affected refugees about revocation

The Refugees Act does not make provision for reasons to be given, only notice and a chance to make representations:

However, in terms of the Administrative Justice Act, written reasons for administrative action ought to be given:

Opportunities to appeal a decision of revocation

They are given a chance to make representations before the authority for determining refugee status, and they do have the chance to make an appeal with suspensive effect if their representations fail:

Provision of an interpreter during revocation process

Not in terms of the Act or regulations. However, the SOPS may contain further detail on the issue of interpreters

Status of a refugee prior to the finalization of revocation

Refugees will retain their refugee status pending the finalization of the revocation of their status:

5.12.4 Cessation

Grounds for cessation of refugee status under law

The Refugees Act provides for cessation. See section 5 of the Refugees Act. It overlaps somewhat with withdrawal of refugee status as set out above (because one of the reasons that refugee status can be withdrawn is because the person ceased being a refugee):

Possibility for exemptions for those being returned

Section 3(5)(e) of the Refugees Act states:

Notification and information for those who are undergoing cessation

No, there is no requirement in the Refugees Act for the reason to be supplied (this overlaps with the section above on withdrawal of refugee status, where one of the reasons for withdrawal is ceasing to be a refugee).

The Refugees Act and the Regulations do not make explicit that the reasons for the cessation must be given, only that the person must be notified of the decision to revoke (what the notification must state is not clear):

Section 14(2)(a) states:

In any event, once the Committee has made a decision to withdraw, then they have to [notify] the person of the decision:

The Administrative Justice Act provisions are here:

Opportunities to appeal a decision of cessation

The decision to withdraw refugee status because the person has ceased being a refugee can be challenged. Section 14(2) of the Refugees Act, already discussed above, provides a chance to make representations:

The authority responsible for receiving the application is the Committee as per section 14(2) of the Refugees Act:

UNHCR’s role during applications and processing of cessation

There is no requirement under the national law to consult with UNHCR when considering cessation, but section 14(3) empowers the Committee to make any inquiry or investigation it sees fit:

This opens the door for the Committee to consult with UNHCR when considering a cessation. When an appeal is made to the Minister, the Minister is empowered to consult with UNHCR before making a decision but it is not mandatory:

5.13 Persons found not to be in need of international protection

5.13.1 Process of returning those found not to be in need of international protection

If a person’s recognition is withdrawn because they are no longer in need of international protection, then, while the Refugees Act does not force them to return, they no longer have a right to remain in Zimbabwe, the consequence of which is that they must depart:

Once the person’s recognition is removed they will no longer fall within the scope of the Refugees Act and section 8 of the Immigration Act will apply:

In terms of section 14 a prohibited person includes:

5.13.2 Execution of removal orders

As mentioned, there is no formal or forced removal. However, under section 14(2) of the Immigration Act, a person whose refugee permit is revoked could be declared to be a prohibited person in terms of subparagraph (iii) of paragraph (e) of subsection (1). The person who need to be declared to be prohibited by notice in writing served on him or, if his whereabouts are unknown or he has departed from Zimbabwe, by notice in the Gazette.

5.13.3 Readmission back into the country

No readmission agreements with any countries could be identified.

6 Rights of refugees

6.1 Principle of non-discrimination

6.1.1 Protection against non-discrimination

In both the Prevention of Discrimination Act 1998 (No. 19 of 1998) as well as in the Constitution of Zimbabwe, section 56.

6.2 Obligations and rights of refugees

6.2.1 Access to refugee travel documents or passports

Upon application, travel documents can be acquired by refugees (Article 28 which is contained in the Act) and section 10 of the Regulations:

  1. Travel documents.

  1. Where a person, who has been recognized as a refugee, in terms of section 6, intends to travel outside Zimbabwe, he shall make an application to the Commissioner for the issue of the United Nations Convention Travel Document.

  2. Upon receipt of an application, in terms of subsection (1), the Commissioner shall, if satisfied as to the purposes of the intended visit, recommend, in writing, to the Registrar-General to issue, to such applicant, a United Nations Convention Travel Document.

  3. The Commissioner shall establish and maintain a register of recognized refugees who have been issued with the United Nations Convention Travel Documents, for purposes of travel.

Schedule II of the Refugees Act provides for the issuance of a travel document:

Travel Document

The document will be in paper booklet form (approximately 15 x 10 centimetres) and printed that any erasure or alteration by chemical or other means can be readily detected. The document shall be made out in at least two languages, one of which shall be English or French. The duration is either one or two years at the discretion of the issuing authority. The renewal or extension of the validity of the document is a matter for the authority which issued it, so long as the holder has not established lawful residence in another territory and resides lawfully in the territory of the said authority. All features of such travel documents prescribed as per Schedule II to the Articles of the Convention relating to the Status of Refugees of the 28th July, 1951, which are set out in Part I of the Schedule to the Refugees Act; What are the fees charged, if any? At the same rate that Zimbabwean nationalsA would have to pay (with a specific prohibition provided on charging more - Article 29) It is US$100 for a passport at 2022 - Statutory Instrument 3 of 2022, Citizenship Regulations.*

6.2.2 Limitations on the right to movement

Zimbabwe entered a reservation to Article 26 relating to freedom of movement and the Refugees Act restricts it. This is in constrast to the requirements of the Constitution which states "the Zimbabwean consitutiuon at article 67 protetcts freedom of movement for "Every Zimbabwean citizen and everyone else who is legally in Zimbabwe".

Zimbabwe implements the encampment refugee policy. This policy restricts refugees and asylum seekers to stay outside a refugee camp. (UNHCR-WFP Joint Assessment Report 2014). This said, the government has shown flexibility in allowing refugees to reside elsewhere, principally in Harare and Bulawayo, take up employment in the informal sector and issue work permits for professionals.

In designated refugee camps, the main in existence being the Tongogara Refugee Camp located in 550 km from Harare.

6.2.5 Birth registration and documentation of children of refugees

The registration laws do not differentiate between refugees and nationals. In practice, Zimbabwe issues non-citizen birth certificates in practice. See an article that states that Zimbabwe does not address the registration of asylum seekers in their civil registration laws, whereas I take the laws silence to mean that there is no differentiation.

In practice, what is the birth registration rate amongst the refugee children population?

The closest available research in time indicates that In 2015, the Government issued birth certificates to 147 refugee children.

6.2.6 Freedom of religion

The right to freedom of religion for refugees is equivalent to nationals. Article 4 Schedule 1 - Zimbabwe shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children.

6.2.7 Rights of the Refugee Child

The Education Act provides:

Section 5(1) states that every child shall be entitled to compulsory basic state funded education, with "basic state funded education" meaning (a) education from early childhood education up to form four; or (b) adult education up to form four, or (c) any other category as may be declared as such by the Minister by notice in the Gazette from time to time". Further, "pupils shall not be required to pay fees or levies and the State shall provide them with learning and teaching material, facilities, infrastructure and resources subject to the provisions of section 75 of the Constitution". Refugee children are not excluded from the aAct's application. The consitutuion has seemingly disparate positions too, in that Section 27 states that "the State must take all measures to promote free and cmpusloiry basic education for children" (no nationality mentioned), whilst section 75 states that "every citizen and permanent resident of Zimbabwe has a right to...a basic state-funded education" (where refugees would seemingly be excluded from). From reports, it is apparent that there are refugee-focused prinary and secondary-level schools provided for in the Tongogara Refugee Camp.

This is not specified in the local legislation and it appears that only where there are specific protection needs over and above being an asylum seeker would refugee children be considered for child protection.

6.2.9 Refugees rights to secondary and tertiary education

The right to secondary and tertiary education is not equal to nationals. But Article 22 (2) of the Refugees Act accords to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education and, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships.

6.2.10 Refugee right to state social assistance

Article 25 of Schedule 1 to the Refugees Act provides for equal adminstrative treatment of refugees, and refugees are provided some equitable social rights (e.g. housing).

6.2.12 Refugee rights to property

Article 14 of Schedule 1 of the Refugees Act; same as nationals. Article 13 of Schedule 1 of the Refugees Act; as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.

6.2.14 Refugee rights to work and conduct business

Similar, via Rights to Self-Employment (Article 18) and Liberal Profession (Article 19) - in the Schedule 1 of the Refugees Act - as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances. In reality, self-employment and informal trading happens more frequently than wage-earning work (see page 7 of UNHCR report to UPR).

6.2.15 Refugee rights to financial institutions

There is no specific inclusion of asylum seekers and refugees within the framework of financial institutions in the country. However with self-employment being allowed, there appears to be the implication that there is some sort of financial inclusion.

6.2.16 Labour rights and social security for refugees

Refugees and are not specifically included in labour legislation and social security.

6.2.17 Social assistance for refugees with disabilities

This is an example of where the original 1951 Convention had the right included, but is excluded from the Refugees Act – it was article 24 originally.

6.2.18 Duties of a refugee towards host state

As per Article 12(1) of Schedule 1 of the Refugees Act, refugees are subject to the duties contained in- (i) the Articles of the Convention relating to the Status of Refugees of the 28th July, 1951, which are set out in Part I of the Schedule; and (ii) the Articles of the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa of the 10th September, 1969, which are set out in Part II of the Schedule; as if the references therein to refugees were references to recognized refugees and protected persons; and (b) shall be subject to all laws in force within Zimbabwe.

6.3 Managing mass influx and emergencies

Not specifically, other than the application of general immigration controls, or emergency-derived declarations.

Section 43 (3) of the Immigration Act empowers the Minister of Home Affairs to use their discretion in "mak(ing) additional provision(s) for controlling, restricting or prohibiting the entry into Zimbabwe of persons who are not lawfully ordinarily resident therein".

In the absence of international instruments providing for standards for recognition of refugees on a prima facie basis, Zimbabwe has their own procedures under national legislation and state practice, being the the use of Ministerial Declarations. As a matter of legal construction, the Minister is not required to conduct any inquiry in relation to any person or class of persons before he or she declares them to be refugees. Thus, strictly speaking, the Minister does not have to form an opinion that a person is prima facie a refugee within any of the applicable statutory definition in order to declare them a refugee. However, in practice, Ministers would normally declare a class of persons to be refugees where there exists evidence to suggest that as a result of the situation in the country of origin, these persons were refugees within definitions recognised in a given jurisdiction.

Currently local laws do not do make any provision for active identification, disarmament and separation of combatants (child or adult) from refugee populations and their internment. Whilst Zimbabwe may be subject to international conventions which may provide as much, practial implementation is not always effective in practice.

7 Durable solutions

7.1 Voluntary repatriation

7.1.1 Administrative and procedural standards for voluntary repatriation

Currently there is no local legal framework. There are regional and international obligations, as per Article V of the ARTICLES OF ORGANIZATION OF AFRICAN UNITY CONVENTION, 1969. It is general in nature, and does lack many specifics. Whilst Zimbabwe has signed the 2009 Kampala Convention for the Protection and Assistance of Internally Displaced Persons in Africa, it has not yet ratified it into local law.

By law refugees are not required to obtain an exit visa to depart, however, should an exit visa become required, the fees for the issue of exit, entry or transit visas shall not exceed the lowest scale of charges for visas on foreign passports (Paragraph 10, Schedule 2 to the refugees Act).

7.2 Local Integration

7.2.1 Progression towards self-reliance for refugees

Whilst none are legislated specifically, there are a range of efforts by government and non-profit organisations to assist (such as the Government’s support for sustainable livelihood projects reflected in the recent allocation to residents of the Tongogara refugee camp of 90 per cent of the 100 hectares of arable land being added to the 50 hectares distributed to formerly marginalized persons under the fast-track land reform programme introduced in 2001).

7.2.2 Opportunities for naturalization under legislation

Currently local laws under the Citizenship Act do not make any provision for this.

7.2.3 Opportunities for permanent residency under legislation

Immigration Act does not appear to allow it and there is no provision in the Refugees Act. The regulations to the Immigration Act also appear to restrict applications from refugees. See Section 16.

7.2.5 Availability to access active migration or skilled entry schemes

Local laws do not spesifically allow nor prevent as much.

7.2.6 Recognition of academic, professional, and vocational diplomas and certificates acquired by refugees in their country of origin

As per article 22(2) of the Schedule 2 to the Refugees Act there is an expectation to recognsise foreign school certificates, diplomas and degrees.

7.2.7 Inclusion of refugees in national development plans

Various government agencies and ministries, such as the Ministry of Home Affairs or the Ministry of Local Government, may be responsible for managing refugee affairs and their inclusion in development plans, but in an non-legislated manner. These agencies would work in coordination with international organizations like the UNHCR. In some cases, refugees are offered opportunities for local integration, which may involve granting them access to education, healthcare, and employment on par with nationals. This integration can be part of informal broader national development strategies. Community-based approaches are also sometimes used to involve both refugees and host communities in the development planning process (usually at a local level). This can include consultations, meetings, and initiatives that seek input and feedback from both groups to address their specific needs and concerns.

7.2.8 Empowerment of refugee women

There are no apparent legislative or administrative measures to facilitate this. Whilst Zimbabwe may be subject to international convenants which may provide as much, practial implemenation or ratifictaiton locally is not effective in practice. Non-profit organisations active in Zimbabwe do however run many programmess to assist advancement in such topics.

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