Analysis of Zambia’s Legal Frameworks in protecting the Legal Rights of Refugees: A Case Study oOf Rwandese Shop Owners in Lusaka

Abstract

This thesis is an analysis of Zambia’s legal frameworks that govern the protection of refugee rights with a focus on the experiences of Rwandese refugee shop owners in urban Lusaka. Although Zambia has ratified key international and regional instruments such as the 1951 Refugee Convention, the 1967 Protocol and the 1969 OAU Convention and has domesticated them through the Refugees Act 1 of 2017, there remains a significant gap between legal provisions and their implementation for urban refugees who are involved in informal economic activities. The objectives of the study were to examine the relevant international and national legal frameworks governing refugee rights, to assess how these legal frameworks are applied to Rwandese refugee shop owners in Lusaka, concerning their residential and economic rights and to identify key legal and socio-economic challenges faced by these refugees. A qualitative research methodology was employed incorporating both desk-based legal analysis and fieldwork. Primary data was collected through semi-structured interviews with Rwandese refugee shop owners, local government officials, community leaders and police and immigration officers. The data was analysed thematically to assess both the normative content of the legal frameworks and their practical application. The findings reveal that despite progressive legal provisions, refugee shop owners face numerous challenges including arbitrary detention, lack of access to legal documentation, limited financial inclusion and social discrimination. Institutional weaknesses, bureaucratic inefficiencies and inconsistencies in law enforcement further hinder the realisation of refugee rights. The study concludes that Zambia’s current legal and administrative systems fall short in effectively protecting the rights of urban refugees. The study recommends aligning domestic legislation with international standards, removing restrictive by-laws that impede refugee participation in the economy, streamlining documentation processes, enhancing institutional coordination, building the capacity of law enforcement personnel, improving refugee access to financial services and promoting inclusive community engagement to reduce stigma and promote integration.