Zimbabwe: Regulations of 1985 on Refugees

IT IS HEREBY NOTIFIED that the Minister of Labour, Manpower Planning and Social Welfare has, in terms of section 18 of the Refugees Act, 1983, made the following regulations: --

1. Title.

These regulations may be cited as the Zimbabwe Refugee Regulations, 1985.

2. Interpretation of terms.

In these regulations -

"authorized officer" means an authorized officer appointed in terms of section 17 of the Act;

"Commissioner" means the Commissioner of Refugees referred to in subsection (1) of section 4 of the Act;

"Committee" means the Zimbabwe Refugees Committee established in terms of subsection (1) of section 5 of the Act;

"District Social Welfare officer" means an officer employed by the Department of Social Welfare, and is in charge of a district office;

"member of his family", in relation to a refugee means -

(a)a spouse of the refugee; or

(b)any unmarried child of the refugee under the age of eighteen years; or

(c)any other person who is related to the refugee by blood or marriage and who is dependent upon the refugee;

"protected person" means -

(a)a member of the family of a recognized refugee; or

(b)a person who, in terms of subsection (3) or (4) of section 11 of the Act, is permitted to continue to remain within Zimbabwe;

"recognized refugee" means a refugee who -

(a)has been recognized as a refugee in terms of section 7 of the Act; or

(b)is a member of a class of persons declared to be refugees in terms of section (2) of section 3 of the Act;

"refugee" means any person who is a refugee in terms of section 3 of the Act;

"Social Welfare Officer" means an officer employed by the Department of Social Welfare;

"transit centre" for the purposes of these regulations means a place or an area designated by the Minister in terms of subsection (2) of section 12 of the Act.

3. Application for refugee status.

(1)An application by any person for recognition of his status as a refugee in Zimbabwe shall be made to any authorised officer -

(a)on Form ZR 1, set out in the Schedule;

(b)accompanied by any documents in support of his application.

(2)Upon receipt of an application in terms of subsection (1), the authorized officer shall refer such application to the Commissioner.

4. Reference of application to the Committee

(1)Upon receipt of an application by the Commissioner, in terms of section 3, the Commissioner shall refer such application to the Committee for its consideration.

(2)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.

(3)The Committee shall not proceed to hold an inquiry or an investigation in terms of subsection (2) unless -

(a)the provisions of the Act and the regulations are explained to the applicant; and

(b)the applicant is afforded the service of an interpreter, in the event where the applicant speaks a language other than English.

5. 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.

(2)It shall be the duty of every applicant and every member of his family to carry the temporary identity card issued in terms of subsection (1) on his person.

6. 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.

(2)The Commissioner shall furnish a copy of the Form ZR 3A referred to in subsection (1) to the United Nations High Commissioner for Refugees.

7. Withdrawal of recognition of refugee status.

(1)The withdrawal of recognition of the status of a refugee, in terms of subsection (4) of section 14 of the Act shall be made by the Commissioner on Form ZR 4 set out in the Schedule and such form shall be served personally on the refugee.

(2)The Commissioner shall furnish a copy of the Form ZR 4 referred to in subsection (1) to the United Nations High Commissioner for Refugees.

8. Appeals to the Minister.

(1)Any person aggrieved by a decision of the Commissioner -

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

(b)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.

(2)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.

(3)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.

(4)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.

9. Identification documents.

(1)The Registrar-General shall issue identification documents to any person who has been recognized as a refugee and to the members of his family, if any, in terms of section 6.

(2)It shall be the duty of every person who has been recognized as a refugee, in terms of section 6 to carry the identification documents issued in terms of subsection (1) on his person.

10. 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.

11. Meetings of the Committee.

(1)The Committee shall meet for the conduct of its business at least once in every fourteen days.

(2)The Commissioner may, with the approval of the Minister, invite any person with relevant knowledge of experience to assist the Committee at any of its meetings but the invited person shall have no vote in any decision by the Committee.

(3)The Commissioner may at any time, and shall, at the request, in writing, of not less than three members of the Committee, call a special meeting to the Committee to transact any urgent business.

(4)The Committee shall keep minutes of the proceedings conducted at any meeting of the Committee and furnish to the Minister a copy of the proceedings of any meeting and any other information relating to the Committee, as the Minister may require.

12. Register of refugees.

The Commissioner shall maintain a register of all applications for refugee status in which he shall include, in relation to an applicant -

(a)his name and address; and

(b)his date of arrival;and

(c)the date of which his status was determined and the decision.

13. Detention of recognized refugees or protected persons.

The notice to be issued by an authorized officer to an officer in charge of a prison or police cell, in terms of section 16 of the Act -

(a)to detain a recognized refugee or a protected person, pending expulsion of such refugee or person, shall be on Form ZR 7 set out in the Schedule;

(b)for the expulsion of a recognized refugee or protected person, shall be on Form ZR 8 set out in the Schedule.

14. Expulsion of recognized refugee or protected person.

(1)The order of expulsion of a recognized refugee or a protected person, as the case may be, made by the Minister, in terms of section 15 of the Act, shall be on Form ZR 9 set out in the Schedule.

(2)The order of expulsion shall be delivered personally to such refugee or protected person, as the case may be.

15. 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 -

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

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

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

16. Assistance and allowance payable to refugees.

(1)Every person admitted to a Transit Centre as a refugee and, whose income and other resources are insufficient to maintain himself and his dependents, if any, may be paid a monthly welfare allowance.

(2)An application for a welfare allowance shall be made to the Social Welfare Officer on Form ZR 13 set out in the Schedule.

(3)Upon receipt of an application for a welfare allowance, in terms of subsection (2), the Social Welfare Officer shall assess the amount of the welfare allowance payable to such applicant on the information indicated on Form ZR 14 set out in the Schedule.

(4)The District Social Welfare Officer shall -

(a)maintain a register of all recognized refugees and the members of their families, if any, irrespective of whether they receive a welfare allowance or not; and

(b)submit to the Department of Social Welfare a monthly return to all refugees registered in his district, and such return shall be on Form ZR 15, set out in the Schedule.

17. Release of refugees

Where the status of a refugee has been determined by the Commissioner, in terms of section 7 of the Act and where such refugee has obtained employment, he shall be released from the Transit Centre and the officer-in-charge shall indicate such release by completing, in triplicate, Form ZR 16 set out in the Schedule and furnish a copy of such form to -

(a)the Commissioner, and

(b)the Security Guard at the exit of the Transit Centre; and

(c)such refugee.

18. Employment of refugees.

Where an employer considers an application for employment by persons who are not citizens of Zimbabwe, such employer shall give preference to persons who are recognized refugees or protected persons, in terms of these regulations.