NATIONAL MIGRATION POLICY

July, 2022

Republic of Zambia

National Migration Policy

CONTENTS

FOREWORD ................................................................................................................................ii

ACKNOWLEDGEMENT .......................................................................................................... iii

WORKING DEFINITIONS ....................................................................................................... iv

ACRONYMS ..............................................................................................................................vii

1.0 INTRODUCTION ..................................................................................................1

2.0 SITUATION ANALYSIS ........................................................................................ 3

2.1 Migration Governance.........................................................................................4

2.2 Labour Migration and Education ....................................................................4

2.3 Diaspora Engagement ........................................................................................5

2.4 Migration, Trade and Tourism ...........................................................................5

2.5 Border Governance ..............................................................................................6

2.6 Irregular Migration ................................................................................................6

2.7 Forced Displacement ...........................................................................................7

2.8 Internal Migration .................................................................................................7

2.9 Migration and Health ......................................................................................... 8

2.10 Cross Cutting Issues ............................................................................................. 8

3.0 VISION, RATIONALE AND GUIDING PRINCIPLES ......................................10

3.1 Vision ....................................................................................................................... 10

3.2 Rationale ............................................................................................................... 10

3.3 Guiding Principles ............................................................................................... 10

4.0 OBJECTIVES AND MEASURES ........................................................................12

4.1 Objectives ..............................................................................................................12

4.2 Measures ...............................................................................................................12

5.0 IMPLEMENTATION FRAMEWORK ..................................................................15

5.1 Institutional Arrangements..............................................................................15

5.2 Legal Framework ................................................................................................. 18

5.3 Resource Mobilization and Financing ..........................................................19

5.4 Monitoring and Evaluation .............................................................................20

National Migration Policy

FOREWORD

n an era of unprecedented human mobility, migration

has become a critical policy area at global, regional

and national levels. It is imperative to leverage the

socio-economic opportunities whilst minimizing the

adverse impact associated with migration. There is

increasing recognition that migration, if well managed,

brings profound benefits to the migrants, countries of

origin, transit and destination.

In view of the foregoing, the Government realizes that

in order to achieve the Agenda 2030 for Sustainable

Development and National Vision 2030 which is

aimed at attaining a prosperous middle-income status, the country needs to

comprehensively include migrants in the development agenda. The development

of the National Migration Policy demonstrates Government`s commitment to well-

managed migration which contributes to improved national security and socio-

economic development.

The challenges related to migration in Zambia include mixed migration flows,

human trafficking, smuggling of persons, long porous borders, irregular migration,

forced displacement, inadequate disaggregated migration data, strain on urban

and social amenities, smuggling of goods, untapped development potential of labor

migration and remittances. The situation has been compounded by the absence of a

coherent and comprehensive migration policy framework. In view of the challenges,

the Government has developed this Policy in order to deliver a well-coordinated

framework that enhances the positive contributions of the migrants to national

development. The National Migration Policy provides the basis for mainstreaming

migration in national development plans, improved comprehensive and coherent

migration management, harnessing the migration – development relationship,

enhancing national security and strengthening the protection of migrants. The

National Migration Policy will also contribute towards poverty alleviation, improved

remittance flows, data collection, analysis, utilization and dissemination.

I am therefore, confident that this National Migration Policy will be used to inform

national strategies, laws and programmes that are responsive to the contributions

and needs of migrants aimed at accelerating socio-economic development. In the

same vein, I call upon all stakeholders to take keen interest in the implementation

of this National Migration Policy through a multi-sectoral approach.

Hon. Jack J. Mwiimbu, MP.

MINISTER OF HOME AFFAIRS AND INTERNAL SECURITY

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iii

ACKNOWLEDGEMENT

his National Migration Policy is a product of

contributions and consultations with various

stakeholders engaged by the Ministry of Home

Affairs and Internal Security. Therefore, commendations

go to all stakeholders who effectively participated in

the formulation of the Policy.

Special gratitude goes to the International Organization

for Migration (IOM) for the technical and financial

support. Further appreciation goes to the National

Technical Committee for their commitment and tireless

effort demonstrated during the consultations, drafting,

refinement and finalization of this Policy.

Dickson Matembo (Mr.)

Permanent Secretary - CRIAR

MINISTRY OF HOME AFFAIRS AND INTERNAL SECURITY

National Migration Policy

WORKING DEFINITIONS

For the purpose of this Policy, the following shall apply:

Asylum Seeker:

A foreign national who is seeking protection and

whose refugee claim has not been determined

Border Governance:

Legislation, policies, and plans related to the entry

and exit of persons, goods and services from the

country

Child:

A person who is 18 years and below

Control Zone:

Part of the territory of an adjoining State or Zambia

within which officers are empowered to effect border

controls

Detention:

Deprivation of liberty or confinement in a closed

place in which a migrant is not permitted to leave at

will, including, though not limited to, correctional

facilities or purpose-built detention, closed referral or

holding centres or facilities

Diaspora:

People who have dispersed or spread from their

original country

Forced migration:

A migratory movement which, although the drivers

can be diverse, involves force, compulsion or cohesion

Formal sector:

All production units that are registered with a tax and

or a licensing authority

Holding facilities:

Centres designated for the temporary retention of

migrants who have committed non-custodial

offences, victims of trafficking and smuggled persons

Human smuggling:

The procurement, in order to obtain, directly or

indirectly a financial or other material benefit of the

irregular entry of a person into a state party of which

a person is not a national or permanent resident

Human trafficking:

The recruitment, transportation, transfer, harbouring

or receipt of persons for the purpose of exploitation

Informal sector:

All production units that are not registered with a tax

or a licensing authority

Internal migration:

Movement of persons across administrative

boundaries within the country

National Migration Policy

Internally

Displaced Persons

(IDPs):

Persons or groups of persons who have been forced

or obliged to flee or to leave their homes or places of

habitual residence within Zambia

Irregular Migration:

The movement of persons that takes place without

the necessary authorisation or documents required

under immigration regulations

Migrant Stock:

The number of migrants present in a given country at

a particular point in time

Migrant:

A person who moves away from their usual place of

residence, within a country or across an international

border for a variety of reasons

Migration

Governance:

The traditions and institutions by which authority on

migration, mobility and nationality are exercised

Migration:

The movement of a person or a group of persons,

either across an international border, or within a State

Mixed Migration:

Migratory population movements that may include

refugees, asylum-seekers, economic migrants and

other migrants moving in groups that generally takes

place in an irregular manner using same routes and

means of transport for different reasons

National Referral

Mechanism (NRM):

A mechanism that provides guidance on the

assistance to vulnerable migrants requiring

protection and promotes coordination of national

stakeholders using a human rights-based approach in

line with national legal frameworks and international

best practices

Port of Entry:

A point or area gazetted through which goods and

persons may enter or exit the country

Pull Factors:

Positive aspects that attract people to move to a

place

Push Factors:

Negative aspects that compel people to leave their

usual place of residence

Refugee:

A person who owing to:

National Migration Policy

a) a well-founded fear of being persecuted for

reasons of race, religious beliefs, nationality,

membership of a particular social group or political

opinion is outside the country of nationality and

is unable, or owing to that fear is unwilling, to be

protected by that country;

b) not having a nationality and being outside

the country of that person’s former habitual

residence is;

c) external aggression, occupation, foreign

domination or serious disturbance of public order

in part or the whole of that person’s country of

origin or nationality, is compelled to leave that

person’s place of habitual residence in order

to seek refuge in a place outside that person’s

country of origin or nationality; or

d) internal conflict, generalised violence, massive

violation of human rights or other circumstances

that have seriously disturbed public order in that

person’s country of origin, that person’s life, safety

or freedom has been threatened

i) unable to return to that country; or

ii) unwilling to return to that country due to a

well-founded fear of being persecuted for

reasons of race, religion, membership of a

particular social group or political opinion

Reintegration:

The process of reuniting a person with their community

or country of origin

Remittances:

Money or material resources transferred by migrants

back to their country of origin

Separated

Children:

Children who have been separated from both parents

or from their previous legal or customary care giver but

not necessarily from other relatives

Stateless Person:

A person who is not considered as a national by any

State under the operations of the law

Unaccompanied

Children:

Children who have been separated from both

parents, other relatives and not being cared for by an

adult who by law or custom is responsible for doing so;

and

Youth:

A person who has attained the age of 19 years but is

below the age of 35 years

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vii

ACRONYMS

7NDP ---------Seventh National Development Plan

AU -------------African Union

AUMPF -------African Union Migration Policy Framework

AVRR ---------Assisted Voluntary Return and Reintegration

COMESA -----Common Market for Eastern and Southern Africa

COVID-19 ----Corona Virus Disease – 2019

CSOs ----------Civil Society Organisations

GCM ----------Global Compact for Safe, Orderly and Regular Migration

GFMD --------Global Forum for Migration and Development

IBM -----------Integrated Border Management

IDP ------------Internally Displaced Person

IMS ------------Information Management System

IOM -----------International Organization for Migration

LMIS ----------Labour Market Information System

MGI -----------Migration Governance Indicators

MIDCOM -----Migration Dialogue for Common Market for Eastern and Southern

Africa

MIDSA --------Migration Dialogue for Southern Africa

PAFOM -------Pan African Forum for Migration

RECs ----------Regional Economic Communities

SADC ---------Southern African Development Community

SARS ----------Severe Acute Respiratory Syndrome

ZQF -----------Zambia Qualification Framework

National Migration Policy

1.0 INTRODUCTION

igration has become topical at the global, continental and regional

levels due to its scope, scale and complexity. Migration yields significant

benefits for both origin and destination countries. In countries of

destination, the benefits of migration include filling critical skills gaps, improved

productivity, increased output, and cultural diversity. In countries of origin, on

the other hand, migration is beneficial in terms of remittances by migrants,

diaspora investment, knowledge, technology and skills transfer from return

migrants. Migration contributes to economic growth and improves food

security and rural livelihoods. Orderly, safe and regular migration underpins

the achievement of the Agenda 2030 for sustainable development including

poverty alleviation, hunger and decent work among others. Migration has both

positive and negative impacts on culture, identity, societal norms and values. If

not well managed, migration presents security and socio–economic challenges

for origin, transit and destination countries.

The challenges related to migration in Zambia include mixed migration

flows, human trafficking, smuggling of persons, long porous borders, irregular

migration, forced displacement, inadequate disaggregated migration

data, strain on urban and social amenities, smuggling of goods, untapped

development potential of labour migration and remittances. The situation

has been compounded by the absence of a coherent and comprehensive

migration policy framework. The Government prioritized the development of

a national migration policy in line with the 7th National Development Plan

(7NDP). Following the development and launch of the National Migration

profile and the Migration Governance Indicators (MGI) assessment report, a

decision was taken to develop a national migration policy underpinned by the

Global Compact for Safe, Orderly and Regular Migration (GCM) and the African

Union (AU) and Southern African Development Community (SADC) model

frameworks.

This Policy identifies and prioritizes the following thematic areas;

a) Migration Governance;

b) Labour Migration and Education;

c) Diaspora Engagement;

d) Migration and Trade;

e) Border Governance;

f) Irregular Migration;

g) Forced Displacement;

h) Internal Migration;

i) Migration and Health;

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j) Cross cutting issues

Migration Data;

Migration and Gender, Disability and Vulnerability and;

International Cooperation.

The Policy provides specific objectives and measures for each of the thematic

areas. The Policy has five sections namely: the Introduction; Situation Analysis;

Vision, Rationale and Guiding Principles; Objectives and Measures; and

Implementation Framework.

National Migration Policy

2.0 SITUATION ANALYSIS

Background

nternational migration has grown in scale, scope and complexity. The

increased globalization and interconnectedness of national states have

accelerated the flow of goods, services, ideas and mobility of people beyond

national borders. Globally, there are an estimated 258 million people living in a

country other than their country of birth indicating an increase of 49 percent

since 2000. About 90 percent of migrants are voluntary or economic migrants,

while 10 percent are refugees or asylum seekers. Almost one-third (79.6 million)

of the world’s migrants, have moved from one developing country to another.

International migrant stock has grown in Africa with a total estimate of 14.8

million in 2000 to 24.6 million in 2017. There has been an increase in the number

of female migrants accounting for 47.1 percent of the international migrant

stock in 2017.

According to the Economic Development in Africa Report 2018, Africa’s

population is projected to increase from 1.2 billion in 2017 to 2.5 billion by 2050.

Africa has a relatively young population. The age group of 15 to 24 years is

projected to almost double in size, from 231 million in 2015 to 461 million by

2050. The rate of urbanization in Africa is projected to increase from 40

percent in 2015 to 56 percent by 2050. This population growth has implications

on migration and economic development of Africa.

Globally, the number of international migrants was estimated to have reached

272 million in 2019 compared to 221 million in 2010. International migrants

comprise of 3.5 percent of the global population. In the same year, 38 million

international migrants, equivalent to 14 per cent of global migrant population,

were under 20 years of age. In 2018, the total global stock of people internally

displaced was estimated at 41.3 million. Migration in Africa, is predominantly

continental, meaning that most of the migrants are originating from Africa and

living within Africa. The stock of migrants grew consistently from 12.5 million in

2000 to 19.4 million in 2017. The propensity to migrate outside the continent is

higher in North Africa than in Sub-Saharan Africa. Sub-Saharan Africa hosted

27 percent of young persons, the highest proportion among all international

migrants.

In Zambia, there was a total of 43,867 migrant stock who accounted for 0.4

percent of the total population in 2010while internal migration was at 16.8

percent. The country is also a host to asylum seekers and refugees. There

were 3,719 asylum seekers, 68,383 refugees and 24,315 former refugees as of

February, 2021. Further, tourism is one of the sectors that contributes to

the migration flows in the country with the majority coming from the African

continent.

National Migration Policy

2.1 Migration Governance

Zambia has experienced unique and complex migration challenges characterized

by mixed migration flows, irregular migration, human trafficking, smuggling of

persons, forced displacements, untapped development potential of migration

and remittances. Consequently, there have been sectoral based management

and mitigation responses towards addressing the impact of migration, albeit

with limited coordination across line ministries and government agencies.

The Government has since prioritized effective migration governance in the

national development plans in order to harness the benefits of migration and

countering its negative effects.

The country has ratified and domesticated a number of international and

regional instruments and conventions which form the basis for migration

governance. There are a number of sector specific coordination mechanisms

aimed at addressing migration issues, these include an inter-ministerial

committee on human trafficking, national trade facilitation committee,

technical working group on migration data and diaspora coordination

mechanism. There is, however, no overarching coordination framework which

brings together the different sectoral interventions. The situation has created

duplication of efforts and working in isolation, without a coordinated whole of

government approach to effective migration management.

2.2 Labour Migration and Education

Zambia has a long history of labour migration as a migrant sending and

receiving country. Labour migration to and from Zambia is influenced by a

combination of push and pull factors. The main push factor is unemployment

while the pull factors include higher salaries, better career prospects, skills

development opportunities and higher standard of living in other countries. In

2018, the informal sector had the highest proportion of employed population

at 45.4 percent, while 31.1 percent of the employed population were in the

formal sector. Despite the high unemployment levels and increasing recognition

of the development potential of labour migration, Zambia does not have a

deliberate labour export policy. Whilst there are no official statistics, some

nationals, including women and youths, are emigrating for employment

purposes and other economic opportunities. The country is not fully harnessing

the development potential of labour migration including migrant remittances,

although there is a good share of labour migrants abroad.

Further, some of the challenges experienced by different categories of migrants,

in particular women, youth and children include sexual exploitation, human

trafficking, forced sex work, gender-based violence, limited opportunities for

portability of social security benefits and unfair labour practices such as long

working hours, meagre earnings below the minimum wage.

Zambia has lately become a labour migrant receiving country amidst a

constrained labour migration governance framework. The situation is

National Migration Policy

compounded by non-operationalization of the Labour Market Information

System (LMIS) to facilitate evidence-based decision and policy making. Zambia

has not yet ratified some of the international agreements on labour migration.

The National Policy on Education, “Educating Our Future”, guarantees access

to basic education for all regardless of status. Access to basic education for

migrant children, however, is constrained by legal status, language barriers,

social economic background of the parents, among others. In addition,

Zambia’s education and labour market sectors experience challenges with

an inherent gap between the skills churned out by the training institutions

and those required by industry. The situation is made worse by the adverse

impact of brain drain especially in the health and education sectors. Some

nationals emigrating to other countries also experience challenges due to

non-recognition of their qualifications. The Zambia Qualification Framework

(ZQF) is not aligned to other international frameworks. As a result, some of the

qualified migrant professionals end up working in dirty, difficult and dangerous

jobs in the host countries due to non-recognition of their qualifications and

restrictions on entry by migrant workers into certain job sectors. There is an

emerging trend where foreign students especially from neighbouring countries

are enrolling at local institutions of higher learning. If properly harnessed, this

trend has a potential to contribute to socio-economic development of the

country. On the other hand, some nationals leave the country to study abroad.

2.3 Diaspora Engagement

Government recognises the value of the diaspora as partners for national

development. The Diaspora Policy of 2019 provides a framework for the

mobilization and engagement of the diaspora with the aim of identifying and

implementing mechanisms for harnessing their developmental potential. The

implementation of the Policy facilitates the diaspora’s participation in national

development processes through skills transfer, philanthropy, remittances,

portability of social security, trade, investment and tourism amongst others.

The Diaspora Policy presents an opportunity to promote a comprehensive and

multi-sectoral approach to diaspora engagement. The Policy also provides

options for addressing diaspora related challenges and leveraging on the

opportunities that the engagement of the diaspora could present.

2.4 Migration, Trade and Tourism

There is an inherent inter-relationship between migration, trade, tourism,

investment and economic development. Cross border migration, tourism

and international trade account for a large part of yearly mobility of people

and goods. A well-managed migration is an enabler of national economic

development as it facilitates tourism, trade in goods and services, employment

creation, food security, poverty reduction and improved livelihood for less

privileged people especially women, youths and the differently abled.

National Migration Policy

Zambia is strategically positioned for international commercial, small-scale

cross border trade and tourism. Cross border trade is largely informal, therefore,

not fully contributing to the socio-economic development of the country.

The situation is as a result of perceived barriers such as lack of information

regarding clearance processes, trade agreements and their preferential

benefits and other trade facilitation incentives. Zambia is one of the front-line

countries in introducing electronic visa application processes, which serves to

stimulate the tourism sector.

2.5 Border Governance

Zambia has 58 designated Ports of Entry. The challenges associated with border

governance include: a long and porous international borderline; inadequate

human resource, social amenities, infrastructure, information management

systems; and weak coordination and collaboration among border agencies

regarding operations and modernization within Zambia and its neighbouring

countries. Further, the screening process lacks efficiency especially at Ports of

Entry where electronic information management systems have not been rolled

out.

The Control Zones are characterised by unregistered agents and unauthorised

traders who interfere with border clearance procedures. The situation results

in loss of revenue, compromised law enforcement and non-adherence to laid

down procedures by travellers leading to irregular migration, importation of

diseases, smuggling of goods and counterfeit products. Further, there are

no holding facilities as an alternative to detention for migrants who have

committed non-custodial migration-related offences who as a result end up in

correctional facilities, a situation which is against international best practices.

2.6 Irregular Migration

Zambia experiences movements of persons that take place outside the

national laws and regulations governing entry, exit and stay. The movements

include human trafficking and smuggling, unlawful border crossing and stay

among others. The push factors related to irregular migration are poverty,

gender discrimination, unemployment, job insecurity, gender-based violence,

orphan hood, fractured family structures, natural disasters and climate

change. The pull factors include improved standards of living, perceived better

life, demand for cheap labour, and the low risk and high profit for traffickers

and smugglers. The existing push and pull factors coupled with some barriers to

migration foster an increase in irregular migration exposing migrants especially

women, unaccompanied and separated children and other vulnerable groups

to exploitative working conditions and denying them access to legal and social

protection.

The other challenges related to irregular migration include lack of holding

facilities for irregular migrants, huge cost of deportation, removals,

repatriation, increased public health risks, and inconsistencies in migration

National Migration Policy

related legislation. In terms of human trafficking and smuggling, capacity to

support prevention, protection, prosecution and partnerships is inadequate. In

addition, the National Referral Mechanism (NRM) is not fully implemented as

it is not supported by law. There are also inherent gaps in procedures for fully

addressing issues of vulnerable returnees. Further, there is also limited public

awareness on irregular migration risks and consequences.

Government recognises the need to address statelessness in migration

management. In this regard, Zambia is a party to the 1954 Convention relating

to the status of stateless persons but has not domesticated the convention.

The country further pledged to be party to the 1961 Convention on the

reduction of statelessness.

2.7 Forced Displacement

The country experiences natural and human made hazards including climate

change which led to internal displacement of 4,616 persons in 2020. Further,

Zambia hosts refugees and asylum seekers from countries within the continent

many of whom are fleeing conflict. As of 28th February, 2021, Zambia was

host to 68,383 refugees, 3,719 asylum seekers and 24,315 former refugees.

Forced migration has led to loss of life and property, food insecurity and

damage to the environment causing disruption of livelihoods in communities.

It also compromises the socio-economic development of the migrants, host

communities, and the nation. Forced migrants are at risk of discrimination,

exclusion from social and economic amenities and services, human trafficking,

labour and sexual exploitation, gender-based violence and health related

issues.

In 2013, Government introduced guidelines on compensation and resettlement of

displaced persons. Teething challenges have been faced in the implementation

of these guidelines such as issues on compensation are scattered in various

pieces of legislation and lack of standards in dealing with implementation of

certain aspects of the resettlement action plan.

2.8 Internal Migration

According to the 2010 Census, 16.8% of the Zambian born population were

enumerated in districts other than the ones in which they were born. Internal

migration flows were as follows; urban to urban movement (38.7%), rural to

urban (30.0%), rural to rural (17.2%) and urban to rural (14.2%). The internal

migratory trends were due to climate change, environmental deterioration

often impacting on agricultural productivity and a search for socio economic

opportunities among others. In the 2019/2020 rain season, 1,241,032 people

were affected by floods.

Urban to urban and rural to urban migration have contributed to increased

urbanization. The situation has resulted in urban poverty and a strain on

existing urban infrastructure, social amenities and the environment.

National Migration Policy

2.9 Migration and Health

Migration has been one of the drivers for epidemics due to the vulnerability

of migrant groups particularly the transmission of infectious diseases. Public

health risks such as malaria, tuberculosis, HIV and viral hemorrhagic infections

are among the major threats driven by migration. In Zambia, migrants are

affected by the high levels of communicable and non-communicable diseases,

and conditions arising from nutrition, maternal and child health, sexual and

reproductive health.

Health hazards are increasing across national borders and the spread of these

diseases cannot be adequately addressed in isolation and hence require a

coordinated approach from different players. For example, in recent times, the

SARS-CoV-2 (COVID-19) pandemic, the Avian influenza of 2005, and the SARS

epidemic of 2003, have highlighted the role of migration in the rapid spread of

diseases across the borders and the need for coordination in the provision of

services.

The challenges of migration and health include the strain on health care

provision and access to adequate health care services. With the call under

the Sustainable Development Goal of “leaving no one behind”, Government

recognizes the need for equitable access to health services for all people

living in the country regardless of their nationality. Further, the Government

recognizes the importance of promoting regional medical tourism.

2.10 Cross Cutting Issues

a) Migration Data

Effective migration management, policy and cooperation requires accurate

and reliable data, yet data and knowledge of the scale and characteristics of

migration remain limited in Zambia. Population censuses and surveys do not

contain adequate data on international migration flows, migrant profiles,

labour migration, remittances, irregular migration and displacement among

others. Largely, there is inadequate capacity by institutions in collecting quality

and usable migration data.

b) Migration and Gender, Disability and Vulnerability

Gender issues are indispensable to migration because they affect women,

men, boys, girls, persons living with disabilities and other vulnerable groups

differently. Socialization positions these groups differently in society in terms

of their experiences, roles, needs and interests. Further, they have different

capacities to contribute and benefit from development.

There has been an increase in the number of women, children and other

vulnerable groups migrating for economic reasons, education, professional

development, marriage and protection among others. According to the 2017

Labour Migration report, 51.2 percent of migrant workers were male, while

females accounted for 48.8 percent. These migratory flows are in part influenced

National Migration Policy

by the lack of employment opportunities in countries of origin, and an increase

in the demand for female labour in destination countries, particularly domestic

and care work, nursing, teaching, and sex work. However, many of these

women relative to men face gross violations of their rights as they are exposed

to higher risks of sexual and gender-based violence, psychosocial stress and

trauma, health complications, physical harm, injury, and other forms of abuse

and exploitation with limited or no access to effective legal protection.

c) International Cooperation

The fast-growing number of migrants and the dynamic complexity of

migratory movements underscore the need for regional, continental and

global approaches to managing migration. The scale, scope, complexity, and

transnational nature of migration, requires synergized efforts to formulate

clear objectives, creating platforms for exchange of experiences, views and

best practices, and working towards the coordinated implementation of

policies and programmes.

Zambia actively participates in a number of bilateral, regional, and other

international migration dialogue processes including the Migration Dialogue

for Southern Africa (MIDSA), Migration Dialogue for COMESA (MIDCOM), Pan

African Forum on Migration (PAFOM) and the Global Forum for Migration and

Development (GFMD). As a State Party to various international agreements,

the country is required to uphold the tenets of the instruments.

National Migration Policy

3.0 VISION, RATIONALE AND GUIDING

PRINCIPLES

3.1 Vision

“A well-managed migration for sustainable national development”

3.2 Rationale

When migration is well-managed, benefits to the country include; productive

labour migrants filling the skills gap in the labour market, alleviation of poverty,

migrant remittances, diaspora investments, wealth and skills transfer, and

cultural diversity. If not well managed, migration can create insecurity, migrant

smuggling, human trafficking, social unrest or tension and discrimination.

The Government, therefore, has prioritized the development of the Migration

Policy to create a conducive governance environment for a diversified economy

as outlined in the 7NDP. The Policy seeks to domesticate the African Union

Migration Policy Framework (AUMPF) which guides the African Union Member

States and Regional Economic Communities (RECs) in the management of

migration. Further, the development of the Policy seeks to address migration

related challenges through a multi-sectoral and coordinated approach. The

Policy, therefore, provides a broader perspective to migration and its overall

contribution to national development while minimizing the risks and threats.

3.3 Guiding Principles

The Policy is guided by the following principles:

a) Human rights and dignity, equality, social justice and non-

discrimination: This Policy will promote human rights and

dignity, equality, social justice and non-discrimination of

migrants regardless of status as enshrined in the Republican

Constitution;

b) Coherence: In an effort to effectively manage migration

and address its challenges, the Policy strictly adheres to the

Constitution of Zambia (Amendment) Act No.2 of 2016 and

migration related legislation. It complies with the adopted

and ratified national, sub regional, regional and international

standards and conventions. The Policy further gives allegiance

to all legal frameworks related to State security, sovereignty,

peace and coexistence;

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c) Inclusivity and Multi-Sectoral Approach: The Policy recognises

that migration has multifaceted relationships with different

governance sectors, thus, a “whole-of-government” and “whole-

of-society” approach is critical to addressing migration related

issues;

d) National Security and Development: This Policy prioritises

national security while promoting migration as a vehicle for

socio-economic development;

e) Evidence-based: The Policy recognizes the need for accurate,

reliable and disaggregated migration data to promote

balanced and evidence-based narratives to inform decision

making;

f) Cultural diversity and national identity: The Policy

acknowledges the positive impacts of migration while upholding

distinct Zambian cultural values and identity.

g) Transparency and accountability: The Policy shall ensure that

the implementation of the programmes is undertaken in a

transparent and accountable manner.

National Migration Policy

4.0 OBJECTIVES AND MEASURES

4.1 Objectives

1. To strengthen coordination, regulation and management of migration

in the country;

2. To strengthen mechanisms and governance frameworks to maximize

the development potential of labour migration;

3. To promote access to basic education, skills retention, transfer and

mutual recognition of qualifications of migrants in order to enhance

participation and inclusion in the labour markets;

4. To enhance cross border trade and tourism in order to fully contribute

to national socio-economic development;

5. To enhance border governance for national security, safe human

mobility, and movement of goods and services across borders;

6. To promote safe, orderly and regular migration for socio-economic

development;

7. To strengthen national mechanisms for preparedness, resilience and

response to forced migration;

8. To effectively manage internal migration for socio-economic

development;

9. To facilitate migrants’ access to equitable health care services and;

10. To enhance migration data management

4.2 Measures

Objective 1: To strengthen coordination, regulation and management of

migration in the country.

Measures:

a) Strengthen and harmonize national migration laws and

policies in compliance with international standards and laws;

and

b) Strengthen coordination mechanisms for effective migration

management.

Objective 2: To strengthen mechanisms and governance frameworks to

maximize the development potential of labour migration.

Measures:

a) Operationalize and enhance the LMIS to provide evidence for

National Migration Policy

decision making in regulating labour migration;

b) Develop guidelines to safeguard Zambian nationals from

unfair competition; and

c) Promote export of labour to harness development potential.

d) Promote potability of social security benefits for labour

migrants.

Objective 3: To promote basic education, skills retention, transfer

and mutual recognition of qualifications of migrants in order

to enhance participation and inclusion in the labour markets.

Measures:

a) Promote portability of qualifications and inclusion of mutual

recognition agreements;

b) Promote programmes that facilitate student and academic

mobility including collaborating with other countries on

scholarships;

c) Facilitate the integration of migrants especially women and

youth in the labour, education and training sectors; and

d) Facilitate skills and competence mobility.

Objective 4: To enhance cross border trade and tourism in order to fully

contribute to national socio-economic development.

Measures:

a) Enhance coordination among all relevant departments

and agencies to streamline administrative procedures and

documentation required for cross border trade and tourism;

and,

b) Enhance awareness on legal requirements related to, trade

facilitation mechanisms and tourism

Objective 5: To enhance border governance for national security, safe

human mobility, and movement of goods and services across

borders.

Measures:

a) Promote Integrated Border Management (IBM);

b) Promote alternatives to detention for irregular migrants;

c) Promote trade, tourism and human mobility across borders;

and

d) Strengthen security in border areas.

National Migration Policy

Objective 6: To promote safe, orderly and regular migration for socio-

economic development.

Measures:

a) Strengthen Assisted Voluntary Return and, Reintegration for

vulnerable returnees;

b) Strengthen re-admission mechanisms for irregular migrants;

c) Strengthen coordination structures and mechanisms for the

protection of vulnerable migrants;

d) Strengthen the prevention, protection, timely prosecution

and effective partnerships on human trafficking;

e) Provide durable solutions to stateless persons;and

f) Enhance access to justice for migrants.

Objective 7: To strengthen national mechanisms for preparedness,

resilience and response to forced migration.

Measures:

a) Strengthen coordination and capacity of institutions to

better address forced migration; and

b) Promote socio-economic rights of forced migrants.

Objective 8: To effectively manage internal migration for socio-economic

development.

Measures:

a) Promote institutional coordination on internal migration;

b) Mainstream internal migration governance into national and

sub-national development plans; and

c) Strengthen the capacity of local authorities to respond to

internal migration.

Objective 9: To facilitate migrants’ access to equitable health care

services.

Measures:

a) Strengthen the capacity of the health sector in responding to

migration and health challenges and the provision of health

care services;

b) Strengthen the coordination among stakeholders to ensure

health care services are provided to vulnerable migrants; and

c) Establish and enhance the provision of integrated port health

services.

Objective 10: To enhance migration data management.

Measure: Strengthen institutional capacity to generate, use and share

accurate, reliable and disaggregated migration data.

National Migration Policy

5.0 IMPLEMENTATION FRAMEWORK

5.1 Institutional Arrangements

Migration is a cross-cutting phenomenon which requires “whole-of-

government” and “whole-of-society” approach that leaves no one behind.

Therefore, effective coordination is critical in implementing this Policy as it is

a prerequisite for monitoring and evaluation mechanism. In this regard, the

ministry responsible for home affairs and internal security will be charged with

the overall responsibility of coordinating the implementation of the Policy.

The Ministry will:

a) Promote the “whole of Government” and “Whole of Society”

approach to migration management;

b) Issue and renew national documents, visas and permits for

entry, exit and stay in the country;

c) Coordinate and implement national response to trafficking in

persons and human smuggling;

d) Provide an enabling environment to enhance national security

and protection of migrants; and

e) Assimilate and integrate former refugees and other vulnerable

migrants.

Ofce of the Vice President

The Office will be responsible for coordinating the mitigation of national

disasters as they affect migration.

Ministry responsible for labour and social security

The Ministry will:

a) Coordinate effective governance of labour migration in the

country;

b) Provide information on labour market and employment

opportunities in the country and abroad; and

c) Facilitate portability of earned rights on social security

benefits.

Ministry responsible for community development and social services

The Ministry will:

a) Promote well-being and protection of different categories of

migrants; and

National Migration Policy

b) Facilitate assisted voluntary return and reintegration (AVRR)

for vulnerable returnees.

Ministry responsible for education

The Ministry will:

a) Promote access to basic education for all;

b) Promote programmes to address brain drain and brain gain;

c) Facilitate student exchange programmes and scholarships;

and

d) Facilitate the review of the ZQF for skills and competence

mobility.

Ministry responsible for commerce, trade and industry

The Ministry will:

a) Provide information on business and trade opportunities to

migrants; and

b) Provide a conducive environment for migrants to trade.

Ministry responsible for health

The Ministry will:

a) Promote public health measures at Ports of Entry;

b) Provide adequate and equitable health care services to all

migrants; and

c) Promote medical tourism.

Ministry responsible for foreign affairs and international cooperation

The Ministry will:

a) Promote and protect the welfare and interests of Zambian

nationals abroad;

b) Engage and mobilize the diaspora nationals to support the

national development goals; and

c) Monitor the implementation of international migration-

related instruments signed or ratified by Zambia.

Ministry responsible for local government

The Ministry will:

a) Promote orderly human settlement development in rural and

urban areas; and

National Migration Policy

b) Promote the provision of adequate and safe trading areas for

migrants.

Ministry responsible for nance and national planning

The Ministry will:

a) Facilitate creation of an enabling environment to harness

diaspora remittances; and

a) Provide financial resources for the implementation of the

policy.

b) Coordinate the collection, analysis, dissemination and

management of disaggregated migration data; and

c) Mainstream migration related issues in the National

Development Plans.

Ministry responsible for justice

The Ministry will:

a) Provide a conducive legal framework for policy consistence

and coherence;

b) Facilitate prosecution of perpetrators of migration related

offences; and

c) Ensure that the fundamental rights of migrants are upheld.

Ministry responsible for information and media

The Ministry will:

a) Promote awareness on safe, orderly and regular migration;

and

b) Promote the dissemination of quality and accurate

information on migration benefits and risks.

The Ministry responsible for youth, sport and arts:

The Ministry shall;

a) Promote skills training for migrant youth in youth resource

centres;

b) and youth resettlement schemes; and

c) Promote healthy living among migrants through sport.

The Ministry responsible for tourism

The Ministry shall promote tourism within the broad context of the Migration

policy

Other line Ministries: Shall play a vital role in the implementation of the National

National Migration Policy

Migration Policy in line with their respective mandates.

Other Partners (Cooperating Partners, International Organizations, NGOs, Civil

Society Organizations, Private Sector and Diaspora Associations):

May be requested to provide technical, financial and logistical support for the

implementation, monitoring and evaluation of the National Migration Policy.

5.2 Legal Framework

Government will facilitate for the creation of a favourable legal framework

in order to realize the objectives set out in this policy. To achieve this, there

is need to review the relevant pieces of legislation that are informed by the

Policy and enact new laws as the need may arise.

The implementation of the Policy will be complemented by the following pieces

of legislation:

a) The Constitution of Zambia Act No. 2 of 2016 of the Laws of

Zambia;

b) The Adoption Act Chapter 54 of the Laws of Zambia;

c) The Anti-Human Trafficking Act No. 11 of 2008 of the Laws of

Zambia;

d) The Border Management and Trade Facilitation Act No. 12 of 2018

of the Laws of Zambia;

e) The Citizenship Act No. 33 of 2016 of the Laws of Zambia;

f) The Employment Code Act No. 3 of 2019 of the Laws of Zambia;

g) The Environmental Management Act No. 12 of 2011 of the Laws of

Zambia;

h) The Immigration and Deportation Act No. 18 of 2010 of the Laws

of Zambia;

i) The Juveniles Act Chapter 53 of 1956 of the Laws of Zambia;

j) The National Registration Act Chapter 126 of the Laws of Zambia;

k) The National Youth Development Council Act (No. 7 of 1986), as

amended by Act No. 13 of 1994 of the Laws of Zambia;

l) The National Pensions Scheme Act No. 7 of 2015 of the Laws of

Zambia;

m) The Passport Act No. 28 of 2016 of the Laws of Zambia;

n) The Prisons Act, Chapter 97 of the Laws of Zambia;

o) The Refugees Act No. 1 of 2017 of the Laws of Zambia;

National Migration Policy

p) The Statistics Act No. 13 of 2018 of the Laws of Zambia;

q) The Education Act Chapter No. 23 of 2011 of the Laws of Zambia;

r) The Gender Equity and Equality Act No. 22 of 2015 of the Laws of

Zambia;

s) The Human Rights Commission Act Chapter 48 of the Laws of

Zambia;

t) The Urban and Regional Planning Act No. 3 of 2015 of the Laws of

Zambia;

u) Zambia Development Agency Act No. 11 of 2006 of the Laws of

Zambia;

v) Zambia Police Act Chapter 107 of 1966 of the Laws of Zambia;

w) The Public Health Act Chapter 295 of the Laws of Zambia;

x) The Customs and Excise Act Chapter 322 of the Laws of Zambia;

y) The National Health Insurance Act No. 2 of 2018 Laws of Zambia;

z) The Anti-Terrorism Act No. 6 of 2018 Laws of Zambia;

aa) The National Disaster Management Act No. 13 of 2010 of the Laws of

Zambia;

bb) The Local Government Act No. 2 of 2019 of the Laws of Zambia;

cc) The Persons with Disabilities Act No.6 of 2012 of the Laws of

Zambia; and

dd) The Anti-GBV Act No.1 of 2011 of the Laws of Zambia.

5.3 Resource Mobilization and Financing

The National Migration Policy requires sustainable financing to successfully

achieve its desired objectives. The Policy will mainly be financed within

Government budgetary provisions and allocations.

The Government may mobilize additional resources from the following:

a) Cooperating Partners;

b) International organizations and CSOs participating in

migration management;

c) Private Sector finance;

d) Contributions through Regional Economic Communities

(RECs) and Community Participation; and

e) Any other credible alternative funding sources

National Migration Policy

5.4 Monitoring and Evaluation

The Ministry of Home Affairs and Internal Security in collaboration with key

stakeholders shall be responsible for the implementation, monitoring and

evaluation of this Policy. Performance reviews will be undertaken on an annual

basis to measure progress on implementation of the policy using established

monitoring mechanisms. The key performance indicators defined in the

Implementation Plan of this policy will be reviewed through Mid-term and End-

term evaluations.

National Migration Policy

Republic of Zambia