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Know your Rights I Legal Advisor
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KNOW
YOUR RIGHTS DEPORTATION OF REFUGEES
2) A court convicting any refugee of an offence under the provisions of this
section may order the deportation of such refugee to the territory from
which he entered Zambia.
(3) Where any person is ordered to return to the territory from which he
entered Zambia or to be deported under subsection (1) or (2), he may be held
in custody and deported in accordance with such order.
(4) No order shall be made under subsection (1) or (2) in respect of a
refugee if the Minister or the court, as the case may be, is of the opinion
that such refugee may be tried, or detained or restricted or punished
without trial, for an offence of a political character after arrival in the
territory from which he came or is likely to be the subject of physical
attack in such territory.
(5) Any refugee who fails to comply with an order made under subsection (1)
shall be guilty of an offence against this Act.
Permits
to remain in Zambia
11. (1) No refugee shall remain in Zambia
(a)unless within seven days of his entering Zambia he is issued with a
permit to remain by an authorised officer;
(b)unless he complies with the terms or conditions from time to time annexed
to such permit by an authorised officer.
(2) An authorised officer shall not refuse a refugee a permit under this
section if the officer has reason to believe that the refusal of a permit
will necessitate the return of the refugee to the territory from which he
entered Zambia and that the refugee may be tried, or detained or restricted
or punished without trial, for an offence of a political character after
arrival in that territory or is likely to be the subject of physical attack
in that territory; but, save as aforesaid, such authorised officer may in
his discretion and without assigning any reason refuse to issue a permit.
Requirement to reside in reception area or refugee settlement
(3) If a refugee fails to obtain or is refused a permit in accordance with
this section, his presence in Zambia shall be unlawful.
12. (1) The Minister may-
(a)by order, require any refugee to reside within a reception area or
refugee settlement;
(b)require any refugee who is within a reception area or refugee settlement
to remove to and reside in some other place, being a reception area or
refugee settlement.
(2) Any refugee to whom an order made under this section applies who-
(a)fails to take steps forthwith to comply with such order; or
(B)fails to move to or take up residence in a reception area or refugee
settlement in accordance with such order with reasonable despatch; or
(C)having arrived at a reception area or a refugee settlement in pursuance
of such order, leaves or attempts to leave such area or settlement except in
pursuance of some other order made under this section;
shall, unless he is in possession of a permit issued in that behalf under
subsection (3), be guilty of an offence against this Act.
(3) An authorised officer may issue a permit to any refugee to whom an order
made under subsection (1) applies, authorising him-
(a)to reside in a reception area elsewhere than in the refugee settlement to
which such order refers;
(B)to leave a reception area in which he has been required to reside.
An authorised officer may issue a permit under this section subject to such
terms and conditions as he thinks fit, and, without prejudice to the
generality of the foregoing, he may, where he issues a permit under
paragraph (b) of subsection (3), specify the destination to which and the
route by which such refugee may proceed.
(5) Any refugee to whom a permit has been issued under this section who
fails to comply with the terms and conditions thereof shall be guilty of an
offence against this Act.
Control
of refugee settlements
13. (1) The Minister may make rules, and the Commissioner may issue
directions not inconsistent with such rules, for the control of refugee
settlements and, without prejudice to the generality of the foregoing, such
rules and directions may make provision in respect of all or any of the
following matters:
(a)the organisation, safety, discipline and administration of such
settlements;
(b)the reception, treatment, health and well-being of refugees;
(c)the powers of refugee officers in respect of such settlements.
(2) A refugee officer may give such orders or directions, either orally or
in writing, to any refugee as may be necessary or expedient for the
following purposes, that is to say:
(a)to ensure that any refugee settlement is administered in an orderly and
efficient manner;
(b)to ensure the performance of any work or duty necessary for the
maintenance of essential services in any refugee settlement or for the
general welfare of the refugees therein;
(c)to ensure that all proper precautions are taken to preserve the health
and well-being of the refugees therein;
(d)to preserve orderly conduct and discipline in any refugee settlement.
Offences
and penalties
15. (1) Any refugee who fails to obey any lawful order of the Commissioner
or a refugee officer or who obstructs an authorised officer in the exercise
of his powers under this Act shall be guilty of an offence and shall be
liable on conviction to imprisonment for a period not exceeding three
months.
(2) Any person who is guilty of an offence against this Act for which no
penalty is specifically provided shall be liable on conviction to
imprisonment for a period not exceeding three months. |
