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Refugee Reception in Southern Africa: Chapter 5 Encampment: post registration in Zambia

Refugee Reception in Southern Africa
Chapter 5 Encampment: post registration in Zambia
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table of contents
  1. Series page
  2. Title page
  3. Copyright
  4. Contents
  5. Acknowledgements
  6. List of abbreviations
  7. Introduction
    1. Disparate responses to the reception of refugees
    2. Refugee reception in Southern Africa
      1. Southern Africa as a setting for investigating refugee reception
      2. Country case study selection
      3. Potential limitations of comparative case studies
    3. The structure of the book
    4. Notes
  8. 1.  Framing refugee reception
    1. Understanding reception
      1. The ‘context of reception’ approach
        1. A multi-scalar lens
        2. Reception as a process
      2. Appraisal of the ‘context of reception’ approach
    2. How states understand refugee reception
    3. Understanding reception sites
      1. The refugee camp as a site of reception
      2. The urban space as a site of reception
      3. Links between the two reception sites
    4. The implementation of refugee reception policies
      1. Adopting the theory of norm implementation to investigate refugee reception policies
      2. A multi-scalar understanding of host states’ responses to refugees
      3. A critical reflection on the book’s conceptual framework
    5. Notes
  9. 2.  Refugee reception policies in Africa
    1. The ‘democratic-aslyum’ nexus: shifting policies to refugees in Africa
    2. The role of the global refugee regime in shaping refugee reception policies
      1. Role of the global in the reception of refugees: the refugee camp
      2. Role of the global in the reception of refugees: the urban space
    3. The security and stability nexus
      1. Security and securitisation
        1. Direct security concerns
        2. Indirect security concerns
        3. Securitisation
      2. The concept of stability
        1. The ‘problem’ of refugees and their movement
        2. Stability and the paradox of human movement
    4. Notes
  10. 3.  Investigating state behaviour towards refugees
    1. Overarching methodological stance
    2. Research design
      1. The framing exercise, September 2016
      2. The finalised research design
    3. The data collection stage
      1. Sampling for the key informant interviews
      2. The interview process
      3. Legal and policy documents
      4. Informal interviews and symposia
    4. The analysis stage
    5. Validity, ethics and reflexivity: conducting field research in Southern Africa
      1. Validity and reliability
      2. Positionality
      3. Timing of the research
      4. Ethical considerations relating to the adopted methods
      5. Limitations of the book’s research design
    6. Notes
  11. 4.  Encampment: the maintenance of a camp-based reception in Zambia
    1. The registration of refugees in Zambia
      1. Legal framework and registration procedures in Zambia
      2. Initial reception during the registration period
    2. The encampment approach in Zambia
      1. Ideational factor: the historical legacy of the national legal framework
      2. Material factor: the capacity to receive and host refugees
        1. The separation of refugees from local populations: capacity concerns in urban spaces
        2. The separation of refugees from local populations: capacity concerns in border areas
        3. The separation of refugees from local populations: creating visibility for continued international support
      3. Material and ideational factors: security
        1. Direct security concerns
        2. Indirect security concerns
        3. The construction of refugees as security risks
        4. Securitisation of the ‘opposition’ in Zambia
    3. The initial stage of reception in Zambia: a case of ongoing negotiations between encampment and urban spaces
    4. Notes
  12. 5.  Encampment: post registration in Zambia
    1. Contextualising post-registration reception in Zambia
    2. The post-registration stage in Zambia: the role of the national government and UNHCR in settlements
      1. Material factor: capacity concerns
      2. Ideational factor: the ‘regime refugee’
      3. Institutional and ideational factors: divergence and contestation in approaches to the settlements
        1. The state’s ideational approach to the settlements
        2. Contestation in UNHCR’s approach to the settlements
    3. Official access to the urban space: pathways out of the settlements post registration
      1. Gate passes and urban residence permits
      2. The management of movement
      3. The temporality of access to the urban space
      4. Institutional and ideational factors: contestation and the conceptualisation of refugee movement
        1. Line ministries
        2. UNHCR and its implementing partners
        3. Commissioner for Refugees, Zambian government
    4. Contemporary shifts in refugee policy at the local level: the Mantapala settlement
      1. Mantapala: a ‘whole of society’ approach to refugee reception?
      2. Early warning signs: material and ideational contestation
      3. Conceptualising refugees and refugee reception outside of the camp setting: a step too far?
    5. Post registration in Zambia: a global regime and the ‘regime refugee’ confined to the camp space
    6. Notes
  13. 6.  Free settlement: the maintenance of a free-settlement reception in South Africa
    1. The registration stage in South Africa
      1. Legal framework and registration procedures
      2. The initial reception at the point of registration
    2. The free-settlement approach in South Africa
      1. Material factor: contemporary movements into South Africa
      2. Ideational and institutional factors: the lack of international involvement in the initial stage of refugee reception in South Africa
      3. Ideational factors: the process of nation-building
    3. Reframing free-settlement reception: South Africa 2011 to present
      1. Material and institutional factors affecting the shift in refugee policy
      2. Ideational factor affecting the shift in refugee policy: the increased securitisation of refugees in South Africa
      3. Exclusion from the urban space
    4. The initial stage of reception in South Africa: a slow decline to a conditional and restrictive approach
    5. Notes
  14. 7.  The urban space: post registration in South Africa
    1. The national government and UNHCR in urban spaces post registration
      1. Material factor: state capacity concerns in urban spaces
      2. Material factor: the capacity of UNHCR and the global refugee regime in urban spaces
      3. Ideational factor: a ‘generous reception’ in urban spaces
      4. Ideational factor: the global refugee regime and urban refugees in South Africa
      5. The effect of national-run post-registration reception in urban spaces
    2. Contemporary shifts in refugee policy at the local level: the City of Johannesburg
      1. Decentralisation in South Africa
      2. Ideational and institutional factors at the city level
      3. Continuing contestation
      4. Shift in ideational approach at the city level
      5. Reception at the city level: a mixed bag
    3. Post registration in South Africa: a precarious relationship between long-term guest and host
    4. Notes
  15. 8.  Conclusions and ways forward
    1. Conceptualising reception in the refugee camp and urban spaces
      1. Temporary versus permanent guest status
      2. Negotiating reception: the interplay between levels of reception in urban spaces
      3. The evolving symbiotic relationship between the refugee camp and the urban space
    2. Reconsidering a norm implementation framework for refugee reception
    3. Contributions to wider debates on refugee reception
      1. Confirming the ‘democracy-asylum’ nexus
      2. The peripheral role of the global refugee regime in shaping refugee reception policies in Southern Africa
      3. Evaluating the security and stability nexus
    4. Implications for policy and practice relating to refugee reception
    5. Notes
  16. Bibliography
  17. Index

Chapter 5 Encampment: post registration in Zambia

This second chapter on Zambia investigates the behaviour of key actors towards the settlements, once refugees have gained official refugee status and have settled in these sites. At one level of inquiry, the post-registration period in Zambia conforms to the more traditional conceptualisations of the refugee camp. Similar to the registration phase, the post-registration phase in the settlements is characterised by minimal engagement on the part of the national government. This is the case despite self-reliance being extremely difficult to achieve in these locations. Material concerns such as capacity, and the continued ideational power of the national legal framework in framing the spatial and geographical dynamics of reception are key factors in the settlements ostensibly remaining spaces of struggle for many refugees in the long term.

Nonetheless, the post-registration experience in Zambia diverges from more traditional depictions of the refugee camp once the movement of refugees is included in the analysis. According to the prevailing wisdom in the literature, by adopting a camp-based reception policy, states expect refugee populations to remain immobile passive victims in the camp space after the initial registration stage. Here, refugees wait to be resettled, or for the situation in their home state to stabilise enough for them to be repatriated. In recent years, academics have added more nuance to these discussions by noting that even where immobile passive waiting is the intention of the dominant national reception policy (something that is questioned in this book), empirical evidence shows that refugee camps are rarely separated entirely from state structures and local communities. Yet, in contrast to the wealth of research from a ground-level perspective, there has been less examination of the long-standing presumptions, aims and intentions of the states that deploy refugee camps. Equally, limited research has examined how the aims of the state may interact with the movement of refugees and the realities of urban spaces.

By taking a state-focused perspective, this chapter analyses the interplay and interaction between the settlements, urban spaces, state structures and international frameworks. A significant proportion of refugees who reside in the settlements regularly find ways to work within state systems and structures to move back and forth between the settlements and urban areas. This includes the official pathways out of the settlements that allow refugees to find alternative forms of welcome with local communities and to access labour markets. However, these officially permitted types of movement vary greatly in duration. Some refugees are moving between the different sites daily, while others remain away from the refugee camps for months or even years at a time. This acceptance of some degree of refugee movement into urban spaces by the national government (specifically COR) is nonetheless at odds with the overarching national legal refugee framework. Because of this, it is regularly contested by other state structures. By illuminating these conflicting understandings of refugee reception post registration, a more complex and nuanced depiction of the relationship between refugee camps and urban spaces in Zambia becomes possible.

The chapter starts by setting out an understanding of post-registration reception in Zambia. In doing so, it illustrates the value of framing reception – in the context of a country like Zambia – as more than merely registration or simply removing refugees to a confined reception space. The subsequent section then builds on this by examining reception on the ground in Zambia, post the initial registration phase. This analysis investigates the approach to the refugee camp by key actors, to deepen understanding of how and why this stage of reception has shifted away from the original intentions of the settlement approach. The chapter then shifts to examine the various official pathways that permit refugees to leave the settlements and move back and forth between the camps and urban spaces.

To conclude the analysis on Zambia, the final section considers a recent development in refugee policy: namely the recently opened Mantapala settlement in the north of the country. The Mantapala settlement represents a novel ‘whole society’ and ‘whole of government’ approach to reception, one which: (1) reflects attempts to include the local government and the local community in the design and running of a new reception site; and (2) suggests that the state may be willing to move towards a more free-settlement style of reception.

Contextualising post-registration reception in Zambia

For most refugees in Zambia, post-registration involves becoming established in one of the two main settlements and effectively residing in these spaces in the long term. The original intention of the settlements was for refugees to achieve self-sufficiency through agricultural means, within the confines of these designated sites. As examined below, however, self-sufficiency has never in fact been fully achieved; this is due to several material and institutional factors. Refugee leaders noted how this situation has resulted in vast numbers of refugees relying on support from the national government and UNHCR to sustain themselves.

Given this scenario, it can be queried whether the post-registration period in Zambia really constitutes part of ‘reception’. Refugees have already registered with the state, are residing in the refugee camps and broadly have access to essential humanitarian goods and services. Certainly, in accordance with some literature, this is where the concept of reception would likely end (Deardorff, 2009). Yet, as contemporary research has shown, the initial welcome that refugees receive in a refugee camp is often only one element of the overall reception they regularly encounter in a host state.

The book’s working model of reception proposes that registration is one component of a larger, more comprehensive reception process. Refugee reception also includes how state structures and policies shape newcomers’ experiences as they attempt to settle. This framing goes beyond the mere notion of registration. In line with this perspective, interactions between different key actors in different settings all become worthy of study, including responses to refugees in the settlements post registration, state-approved movements between refugee camps and urban and peri-urban areas, and the resultant interactions between refugees and the local communities. In this way, the book’s model of reception permits a more nuanced picture of state-run refugee reception in Zambia.

The post-registration stage in Zambia: the role of the national government and UNHCR in settlements

The purpose of this section is to develop an understanding of how the national government and UNHCR conceptualise the refugee camp after initial registration has taken place. The section also studies the ensuing dynamics that have evolved between these entities within the settlements. A feature of this stage of reception is in fact the apparently minimal involvement of both entities. UNHCR handed the overall running of the settlements to the state in 1993 (Chitupila, 2010), yet the government’s current engagement (particularly financially) within the settlements remains nominal.1 Conversely, the UN agency still retains a great deal of influence over policy inside the refugee camps. This is expressed through its ongoing (albeit marginal) financial and operational commitments. There exists a mixture of material, institutional and ideational factors at play, involving different national entities and UNHCR (and its implementation partners) that result in this minimal engagement. These factors interact and contest with each other, but ultimately reinforce the overarching long-term encampment policy.

Material factor: capacity concerns

On a material level, capacity issues post registration remain a dominant factor in the continuance of the encampment reception policy. As discussed below, these concerns appear both at the national and international level. As examined in the previous chapter, government officials cited capacity concerns as a key reason why refugees remain long term in the settlements. These include a lack of funds, as well as the need to prioritise poverty reduction and social protection of the national population. Beyond the initial granting of the land to build the settlements, UN officials confirmed that national funding for the two settlements has remained minimal since their inception.

In interviews, government officials within the MCDSS did show openness to the idea of increasing funding to refugees in the settlements (and beyond). However, any action could only ‘take place with the cabinet approval’, and with core line ministries having shown little appetite for investing in these spaces over the last sixty years, the likelihood of this happening remains remote.2 In addition, funding for the humanitarian and development needs of refugees remains understood as an international concern and thus outside the responsibility of the national government. Underscoring this belief is the lack of inclusion of refugees in the government’s development planning. For example, regardless of the lobbying by the UN, the Seventh Zambian National Development Plan 2017–2021 made only minor reference to refugees and migrants.3

Most of the funding for long-term hosting of refugees in Zambia therefore comes through UNHCR.4 Indeed, as confirmed by government officials working in the settlements, the funding for government programmes and services ultimately originates from UNHCR and its donors. This also includes the wages of government employees who administer the programmes. Thus, the conditions and quality of the overall reception granted to refugees post registration in Zambia are directly connected to the levels of funding from the international level, rather than from the government.

Significantly, the bulk of the funding allocated to refugee matters is confined to the settlements. UNHCR officials cited capacity as the reason for this spatial focus. For example, UNHCR’s budget in Zambia was decreased by a third in 2018. An official confirmed:

The priority is to reach the most people possible – in the settlement we invest our funds in services provision. We reach more people than if we invest our money cash assistance for individuals in Lusaka where cost of living is much higher.5

The reduced funding is therefore earmarked for immediate goods and services and essential farming equipment. Once refugees are registered, they are given plots of land within the settlements and offered specific non-food items such as farming equipment, for instance ploughs and spades, and domestic essentials, including blankets and kitchen utensils. All refugees in the settlements have access to rudimentary services, such as health and education provisions, as well as banking and financial services. In addition, via the MCDSS, UNHCR has implemented other projects, such as a Cash Based Intervention (CBI). This involves giving new arrivals K100 (US$10) per month.6

The CBI and the handing out of essential equipment and food demonstrate the presence of the global refugee regime within the camp space. In contrast, these services are generally not provided to urban refugees. During 2017, there were a few notable exceptions, for example, Caritas Zambia (an implementing partner of the UN agency at the time) maintained a network of outreach centres and programmes focused on self-reliance for urban refugees in Lusaka. However, due to funding gaps, UNHCR urban livelihood programming in Zambia ended in 2018 (UNHCR, 2021b). Significantly, this type of initiative outside the refugee camp demonstrates that the national government is not actively preventing the UN agency working in urban areas.7 Indeed, when speaking to UNHCR officials in 2017, the reason given for the emphasis inside the settlements was not the national camp reception policy per se, but rather capacity concerns. The same official stressed, ‘but by and large we have limited resources in assisting in Lusaka and it would only be a pull factor’.8

There is an element of logic to confining implementation of the refugee regime to a designated area when factoring in the above-mentioned capacity concerns. By restricting the regime to the refugee camp, limited funds can be used in an efficient way to reach large numbers of people, particularly those deemed to be in vulnerable situations. Nevertheless, refugees are effectively faced with a fait accompli, whereby to gain access to the protections of the regime they are required to give up their freedom of movement. In many ways, this approach is more in keeping with care and maintenance models of the past than with recent pushes by the UN agency to focus on urban settlement.9

The proclivity to fall back on concepts from historic care and maintenance models by UNHCR Zambia is illustrated by the agency’s response in 2016 to one of the only major recent incidents of xenophobic violence seen in Lusaka. The outbreak of violence lasted forty-eight hours and caused many refugees to flee to churches in the city to find safety.10 UNHCR’s reaction was to arrange for the refugees to be moved to one of the main settlements. A refugee expert, who was caught up in the violence, commented:

UNHCR sent us to the church and then a bus came and took us to the Mayukwayukwa camp … I stayed two/three months in the camp … before getting a new gate pass and returning [to Lusaka].11

The type of circular movement between the camp and urban space illustrated in this quote will be examined further below. For this point in the discussion, it is telling that when faced with protection issues in an urban area, the response by the UN agency was to move refugees to the camp or ‘regime’ space. During this unprecedented time of unrest, and with limited funds, the response seemed sensible to many in INGOs. Nonetheless, it does aptly illustrate how UNHCR continues to act within countries such as Zambia. The agency relies on historical institutional understandings of ‘protection’, with refugee camps (rather than urban areas) seen as the most appropriate location for providing safety and security to refugees.

Finally, the capacity issues within the settlements also create a temporal component to the humanitarian assistance offered. Food and cash hand-outs generally end after the first year of residence in the camps. The underlying expectation is that refugees will be able to grow their own food and sustain themselves after this point. This was described succinctly by a refugee expert who has resided spasmodically in the Mayukwayukwa camp for the past five years:

First they give you a chicken, knife, vegetables etc., blanket, bucket, socks etc. K100. Take you to camp. For a year – then … self-sufficient.12

In addition, discrepancies and variations in the implementation of these programmes are widespread. The same refugee expert noted that implementation was ‘not always the same’, and that it was typical to not receive any money for a while and then ‘get K300 [Zambian Kwacha] after three months’.13

This time-related aspect to the provision of essential commodities for refugees conforms with the framing of the settlements as development sites. By giving refugees farming equipment and land (albeit limited in nature), they are expected to become self-sufficient within a year. Nevertheless, with no genuine development assistance or investment seen for decades, the settlements have largely failed to evolve beyond long-term humanitarian sites (or permanent reception sites). As a result, the temporal restrictions to goods and services add an extra level of unease to the conditional form of reception afforded to refugees in the settlements in Zambia. This, in turn, intensifies the precarious and paradoxical nature of the reception offered, whereby refugees are allowed to settle in these sites long term but remain as permanent guests.

Ideational factor: the ‘regime refugee’

The modern system of states is premised on the idea of ‘sovereign’ states, whereby membership of a state is needed in order to demand rights and protection (Arendt, 1951). Persons outside of this system of states – such as refugees – are viewed as ‘helpless objects of pity who must be assigned to some political community in order to have an identity at all’ (Aleinikoff, 1995:267). In the majority world, UNHCR and the humanitarian machinery that has emerged to support the regime over the last sixty years, has regularly worked within this ideational framing of the refugee. Refugee camps are set up and maintained to offer immediate protection to a group perceived as homogeneous, sedentary victims (Daley, 2013). Through this depoliticised humanitarian lens, containment approaches for refugees can be justified. In this way, the global refugee regime empowers host states more than refugees.14

The legal framework in Zambia has always limited the spatial dimensions of refugee reception, with the hosting of refugees officially restricted to the designated settlements. Yet the original intention for the settlements was different to this framing of refugees as victims in need of protection. As set out previously, the initial aim was for refugees to become self-sufficient within the settlements. Nevertheless, a lack of investment by the state and international agencies, overuse of the land for farming and the isolation of the settlements (sited away from large urban areas) have permanently stalled this objective. When discussing the settlements, refugee experts and leaders were adamant that the development strategy had failed. One refugee expert commented, ‘you can’t stay there … the life in [the] camp is very difficult’.15 Another interviewee, a refugee leader, saw the current situation as an ‘archaic system of looking after refugees’.16 Indeed, with desolate living conditions in the camps, most refugees who remain immobile in these spaces are reliant on hand-outs from UNHCR’s implementing partners to survive – particularly for the first few years they are there.

The inherent construction of refugees within the global refugee regime as victims in need of protection has continued to empower states to adopt reception approaches that contain refugees and restrict movement. In the context of Zambia, by focusing its work within the settlements, UNHCR is essentially confining the global refugee regime to these spaces and in doing so it is undermining its ongoing negotiations with the national government to loosen freedom of movement restrictions. The reception of refugees, and by extension the construction of a refugee, remains framed by the spatial confines of the refugee camp.

This analysis of the ‘regime refugee’ in Zambia also shows how refugee movement is often distinguishable from other types of migrant movement and, as such, is easier to regulate, manage and control. Refugee movement is potentially less threatening due to the intrinsic protector/protectee relationship between the refugee and the host state. As observed previously, all forms of cross-border movement are commonly framed via a security lens and therefore seen as a risk to the stability of the nation state. Nevertheless, approaches to regulate movement (such as refugee camps) are easier to justify via this ‘protection’ lens – in comparison, for example, to the long-term detention of migrants in immigration centres. In addition, the official policy, and the continued framing of refugees in this manner means that refugees in urban areas can be returned to the camps at any time, for instance, if their numbers increase to the point that they are deemed to be a destabilising presence.

Institutional and ideational factors: divergence and contestation in approaches to the settlements

The final subsection on factors that are maintaining the encampment reception approach post registration examines the ideational and institutional contestation at the national and international level that relates to the overall framing of these long-term reception spaces. As examined above, UNHCR’s overall approach to refugee reception in Zambia is reinforcing a camp-based policy. In turn, this approach also shapes and fortifies the state’s understanding of the settlements as fundamentally being long-term humanitarian sites. In contrast, the empirical evidence also highlights opposing ideational and institutional structures within UNHCR and other UN in-country agencies, which still regularly frame the settlements as development sites (in keeping with their original purpose).

The state’s ideational approach to the settlements

At the national level, the refugee settlements are generally now understood as: (1) fundamentally humanitarian in nature; and (2) the responsibility of the international community. Furthermore, the original aim of enabling refugees to become self-sufficient in the settlements (that is, a development approach) has largely been ignored, with participation from the state predominantly focused on initial humanitarian concerns.

The main ministry that works in the settlements, the MCDSS, understands its mandate as looking after the ‘vulnerable’. Officials certainly took this view, as can be seen from the comments made by a high-ranking official in the department:

So the ministry is there to receive them, to provide the basic necessities of food, of clothing, of shelter, whatever form of assistance they usually give.17

Another official within the same department suggested that refugees have ‘everything they need’ in the settlements.18 This official used the building of schools and hospitals in the settlements as examples of meeting the ‘needs’ of the population.

By conceptualising post-registration reception as a humanitarian endeavour, the national government maintains this idea of refugees in Zambia as apolitical, sedentary victims. It also reinforces, within many parts of the government, the notion that refugees are long-term guests being offered a conditional form of reception. Within the confines of the settlements, they are given immediate help and assistance, but no access to sustainable, long-term employment opportunities beyond subsistence farming.

Contestation in UNHCR’s approach to the settlements

This framing of the settlements at the national level is supported and strengthened by the international response. As examined above, in terms of concrete responses to refugees, UNHCR is working within a broad humanitarian remit, with activities inside the settlements post registration focused on the handing out of food and services. Consequently, the approach by UNHCR and donors in Zambia shares a number of similarities with previous care and maintenance humanitarian models. These principal actions by the UN agency and national government nevertheless conflict with other ideational and institutional factors within the in-country office of UNHCR and the UN system more broadly. Specifically, on an operational and discursive level, UNHCR and other UN agencies still see the settlements as fundamentally development projects. Indeed, international organisations operating in Zambia today are geared towards development rather than humanitarian interventions.

For UNHCR, this focus on development is largely due to the changing patterns and demographics of refugee movement into Zambia over the last sixty years. Firstly, before the influxes of refugees from the DRC in 2017, the number of refugees had been declining steadily, with numbers of new arrivals being relatively small over the last few decades (Darwin, 2005). Secondly, large portions of the Angolan and Rwandan refugee populations, who have been in Zambia for decades, have refused to return to their country of origin despite UNHCR suggesting repatriation as a durable solution (Chiasson, 2015). These changing patterns of cross-border movement and the long-term hosting of specific populations are part of the reason why the composition of aid organisations and of international funding in-country has shifted over time. Indeed, Zambia is now seen as ‘purely [a] development context’ and a ‘development country’.19

Furthermore, framing responses to the long-term refugee situation in Zambia in terms of development rather than humanitarian responses is in line with contemporary approaches towards protracted situations of displacement. As noted by a UNHCR official, once emergency humanitarian phases come to an end, UNHCR and its international partners will ideally attempt a slow retreat from the settlements.20 In parallel with this withdrawal, the intention is to gradually increase engagement in the day-to-day running of the camps by the different development organisations, NGOs – and ultimately government departments. The final aim is to fully hand over the running of the camps to the state. This has been the approach in Zambia – confirmed by an official – at least on an operational and discursive level:

we have already reached a point in the settlement … just typical phases … you have an emergency, you have international NGOs that come, then slowly you engage the national NGOs and then eventually shift over to government departments. So in both settlements we are already at the stage where we work with government – we don’t fund INGOs anymore.21

This overall push towards development projects in the settlements can be seen in the policy decisions of UNHCR. Firstly, the UN agency has reduced its presence in the settlements substantially. Indeed, UNHCR is no longer based permanently in the settlements and the closest UNHCR office to the Meheba settlement is now 60km away in Solwezi. A refugee leader highlighted the inherent problem with this, from a refugee perspective:

… so not easy to speak to them. 1hr 30min from UNHCR to the settlements. 10 to 12 dollars to get there – how do refugees speak to them?

Interviewer: I understand they go twice a week?

Refugee leader: Sometimes they go there randomly but not regularly.22

State officials and UNHCR officers confirmed that officers visit the settlements and suggested that these visits were regular and weekly. However, there are no fixed times or days when refugees know they can speak to a protection officer. Secondly, as noted above, UNHCR and the government generally do not provide food or cash payments via the CBI scheme after a year following their arrival.23 Thus, this broad approach can be seen as an attempt to return to the original intention of the settlements when they were set up as sites of self-sufficiency.

As detailed throughout this chapter, the framing of Meheba and Mayukwayukwa settlements as sites of development is nevertheless not replicated on the ground. Indeed, the broad developmental approach is not supported by any genuine engagement by UN agencies within the two main settlements (beyond the humanitarian assistance detailed above). The sheer lack of investment in terms of infrastructure in the settlements is surprising when you consider the number of UN agencies who have been involved with the settlements (including UNHCR, UNICEF, UNDP and UNCDF).

In conclusion, on an institutional and ideational level, UNHCR’s approach towards the settlements is continuously contested due to opposing internal approaches. The funding allocated to the settlements by the UN agency, including the wages of specific government departments and hand-outs for refugees, is geared towards humanitarian aid. In contrast, the parallel slow retreat from the refugee camps by UNHCR (at least at an operational and discursive level) and the time-limited nature of the material assistance provided, can be seen as attempts to return the spaces to their originally intended function.

This overall inconsistency in approach by UNHCR, coupled with little state buy-in, means that a shift back to the original intention of the settlements is unlikely to be successful in the long term. Instead, the result of this contestation concerning approaches to the long-term encampment reception policy has been to arrive at a halfway house. The two settlements are neither emergency refugee camps nor long-term development projects. In fact, in contrast to their original aims, in many ways they resemble a more traditional long-term form of closed encampment.24 Refugees continue to be expected to reside in spaces of exception, away from the interior of the host state, living off hand-outs and with very few opportunities for becoming self-reliant.

The first part of this chapter has set out how key actors understand and engage with the settlements following initial registration. In contrast to registration (and in opposition to their intention to withdraw further from these reception spaces) UNHCR emerges as the dominant actor in terms of how, and in what form, reception is extended to refugees. As a result, the state, by choice, very much occupies a subordinate role. A key reason for this shift in responsibility post registration is the continued perception of refugees as ‘regime refugees’ by departments of the national government. The combination of the ideational power of the old 1970 Refugee Act and the spatial restrictions given to the global refuge regime shapes the handling of reception at different phases of the process. National security concerns emerge at the initial reception phase (that is, who is coming into the state), but by the time refugees have been registered the national government is less interested in them and deems this population to be the responsibility of the international community, thus, determinedly limiting any perceived financial and material burden on the Zambian state. In contrast, within the context of these designated humanitarian spaces, refugees are understood as victims and gain protection and financial and material assistance from the international community.

Official access to the urban space: pathways out of the settlements post registration

The focus of the first half of this chapter has remained predominantly inside the refugee camp at the later stage of reception. Yet, this does not give the complete picture of refugee reception in Zambia. State-sanctioned pathways out of the settlements, namely gate passes and urban residence permits (URPs), provide formal avenues for exiting the settlements. These allow refugees the opportunity to interact, trade and work with the local communities that are in close proximity to these reception sites. Giving access to the local economic life of the state in this way is essential to many, given the limiting conditions and limited services offered within the confines of the settlements.25

In addition, these pathways also regularly connect the settlements with the urban space. In particular, the URPs (and to a lesser extent the gate passes) allow refugees to travel and remain (although not indefinitely) in large urban centres such as Lusaka and Kitwe. Consequently, this section develops further understanding of the connection between the refugee camp and the urban space. This is achieved by an examination of the institutional and ideational factors involved at the national level that have created and shaped these approaches, as well as contributing to the ongoing confusion and contestation at various levels of the state concerning the movement of refugees outside of the spatial confines of a refugee camp.

Gate passes and urban residence permits

Post registration, official opportunities to leave the refugee camp remain restricted in Zambia. This means, as one might expect, that the overarching approach by the state broadly conforms to the national legal framework, with refugees expected to remain in the settlements. Nevertheless, COR has a long history of adopting approaches that allow for some movement between the camp and urban space, which suggests a ‘soft’ application of the legal framework by the government department. Currently, URPs and gate passes are the only official ways for refugees to leave the two main settlements once they enter the post-registration stage of reception. Both permit refugees to travel to other areas in the state and by doing so enable them to engage with local communities and government structures outside of the refugee camps. The two procedures share several commonalities relating to their overall ephemeral nature and the dominant focus on control and regulation of movement. Nevertheless, they diverge sharply in terms of the length of time granted in urban spaces.

In terms of gaining access to gate passes or URPs, the processes for obtaining both are ostensibly open to all recognised refugees in the settlements. Yet both official pathways have numerous barriers that are either built into the procedure itself or have emerged due to bureaucratic and institutional contestation. The consequence of these obstacles is that the numbers of permits and passes handed out are consistently limited.

The procedure for URPs is, at least on the surface, well organised. In addition, as a former COR officer confirmed, the number of rejected applications by the sub-committee remains low, indeed, ‘not more than 20 per cent would be rejected’.26 In practice, however, there are several material and institutional barriers blocking access for most refugees. These include security concerns, associated costs and the bureaucratic complexities involved with making an application. For example, with the urban permit allowing refugees to live outside of the camps for one to two years (which is also renewable), there are security checks completed at the decision-making stage. Depending on the specific reason for the permit request, refugees may also have to go through different government offices and undergo complex processes to obtain the required forms and/or visa. Even though the cost of visas and permits (for instance, for education, employment or self-employment purposes) are provided at a reduced rate for refugees, the price remains prohibitive for the majority of refugees in the settlements (Ochieng, 2023). For example, a refugee leader in Lusaka observed, ‘the self-employment permit is …, it’s like basically an investor’s permit for any other foreigner and that’s very prohibitory for regular refugees’.27 Consequently, while the exact number of refugees in Zambia with residence permits is unknown publicly, civil society actors suggested that the number remains low.

The process for obtaining the gate pass is less rigorous than for URPs, in part due to the shorter length of time it permits outside of the camp (usually one to two months and renewable). In addition, refugee leaders commented that the gate pass system is generally accessible for most refugees in the settlements. A COR official went further, asserting, ‘the gate pass – you [are] asked where you going, how long you going for, what is the reason. They will always get it.’28 This concurs with previous research, with Jacobsen (2005) noting that gate passes are open to all – indeed she suggests this means that refugees in Zambia have freedom of movement.29 The real level of access to spaces outside of the settlements is disputed by civil society and community leaders. Refugee leaders suggested that ingenuity was often necessary on the part of the individual refugee because the shared impression within refugee communities is that decisions to grant the passes are often arbitrary or ad hoc. Indeed, the same COR official later in their interview accepted that there is a great deal of disparity in how the policy is implemented across the settlements.30

UNHCR has been working with COR to systematise the gate pass procedure. Yet, as explained by an ex-COR officer, ‘the problem is that every refugee officer [has] his [or her] own interpretation on the gate pass’.31 Finally, there is a general impression that gate passes are not granted to new arrivals nor immediately post initial registration. This was reinforced by a refugee expert who, when requesting a gate pass soon after arriving, was told, ‘no – expect to stay here one year’.32

These numerous bureaucratic hurdles and security measures inevitably add an element of control and screening to the process of gaining access to urban spaces. Ultimately these procedures (and the variations seen in their implementation) have the effect of restricting and regulating the number of successful applicants of both forms of ‘travel pass’, especially during the first year of arrival.

The management of movement

Both formal pathways were created as a response to perceived increases of uncontrolled refugee movement into urban areas. Firstly, URPs were introduced into the formal reception policy of Zambia in 2000, as part of an overall approach to reinstate the camp-based reception policy (UNHCR, 2012). This shift in strategy was due to overcrowding and instability concerns in urban areas. Permits were seen as an attempt to regulate the movement of refugees outside the camps. As observed by a UNHCR official, this was particularly the case for large urban spaces such as Lusaka.33 Gate passes were also introduced as a subsidiary element of the overarching refugee reception policy of Zambia. Again, the aim of the passes was to regulate or manage the number of refugees in urban spaces. As explained by senior UNHCR and COR officers, the original intention was that passes would allow the agency and the state to document people who had legitimate reasons for being outside of the refugee camp.

As examined in the previous chapter, during the early 2000s many in the national government became concerned about the number of refugees informally settling in urban spaces due to the destabilising effect this might have on the space and on the voting public. These increased numbers were, in large part, due to a broad relaxation of the encampment reception policy by COR. By allowing formal avenues of access to urban centres, the intention was to bring more control and regulation to this form of ‘non-rooted’ movement into the interior. At the same time, these processes were also designed to aid better implementation of the overarching encampment policy. Consequently, there was an acknowledgement that stopping all movement between the settlements and urban spaces was unrealistic.

This almost paradoxical approach to regulating movement by opening new official opportunities for movement builds on previous analysis in relation to states’ understanding of the movement of ‘non-rooted’ persons and state stability. No country interprets freedom of movement as the unchecked or unconditional movement of all persons on their territory. Thus, political settlements today are in many ways regimes of movement. In essence, the modern state is ‘a system of regulating, ordering, and disciplining bodies (and other objects) in motion’ (Kotef, 2015:6). By understanding movement in this way, encampment reception policies in Southern Africa can be seen in part as a system of regulating and managing particular visitors (or ‘non-rooted’ persons). States such as Zambia do not have the capacity of minority world states when it comes to adopting increasingly sophisticated approaches to regulating borders and managing movement. As an alternative, the refugee camp (which is often funded by international donors) can perform part of this function by filtering the movement of refugees into the interior and the urban spaces. Therefore, the regulating of refugee movement in Zambia through the refugee camp allows for the possibility of some movement into urban spaces. Given that an aim of the encampment policy in Zambia is to regulate or control the movement of refugees into urban spaces, obtaining permission to leave the settlements is inevitably heavily restricted.

The temporality of access to the urban space

The adoption of settlements as the main reception policy frames refugees as guests on the territory. Their stay in Zambia has little to no official permanence, with routes to citizenship extremely difficult.34 Accordingly, they remain visitors beholden to a specific and conditional form of reception by the host country. Nevertheless, since the inception of the settlements in Zambia, there has been an acknowledgement that hosting refugees is unlikely to be short term in nature. Indeed, as an officer at COR confirmed, COR and other elements of the national government appreciate that large portions of refugee communities will remain long term or simply never return to their countries of origin.35

In contrast to this acceptance of the long-term nature of hosting refugees via the dominant encampment reception approach, both official pathways out of the settlements are characterised by their temporality. Residential permits are issued for a maximum of one to two years, depending on the specific grounds, with costs often accruing throughout the process. When they expire, the holder is expected to go through a process of renewal, which can incur additional costs or mean being returned to the settlements. Gate passes are granted for much shorter time frames, usually one to three months, with refugees historically expected to return to the settlement before the pass expires.36

The temporariness of these options that allow movement outside of the official reception site causes regular circular movements between the camps and urban spaces, with refugees returning to renew their permits/passes. Refugee leaders and experts noted examples of refugees living in Lusaka for years who continue to return to the settlement regularly to renew the gate pass. In many cases, this can be ‘every three months – go back to camp for two weeks then come back’.37

In interviews, refugee leaders reported a sense of uneasiness surrounding refugees who held either valid gate passes or residential permits. As one refugee leader with a gate pass observed, she has a pass, but she ‘is not free’.38 Leaders of a refugee association echoed this feeling by emphasising how passes and permits inevitably expire (whether it is in a month or a year). This means concerns over renewal decisions, additional costs and the possibility of uprooting a family from the urban space, are never far away. Thus, the forms of reception that these two pathways open up at the local and sub-local level, which grant refugees access to local communities and the local economy in urban spaces, are equally affected by a sense of impermanence.

Alternatively, if a refugee remains in the urban space with an expired gate pass or permit, they run a higher risk of being arrested or, more commonly, forced to pay a bribe to enforcement officers. This was discussed by a former COR officer:

Yes – they turned a ‘blind eye’. It comes at a cost – on the migrant. Because they know if they say they are a refugee or asylum-seeker they are expected to have specific documentation that would allow you to be outside camp. So if you don’t have them, shouldn’t be there … you would have to pay a bribe.39

The difference between the permanent/temporary dynamics at the national level in relation to refugee camp vs. urban spaces is an important feature of reception in Zambia. Official pathways out of the settlements connect and develop relationships between these two sites of reception. Yet the ideational understanding of the ‘temporariness’ of hosting refugees in these spaces differs considerably. There is an acceptance of the long-term presence of refugees in the settlements. In contrast, numerous barriers halt the permanent settlement of refugees in urban spaces. An eventual consequence of the temporariness of the official status granted to refugees in urban areas sees the dominance of the encampment approach to reception reinforced within government departments.

Refugees in both reception spaces though remain inherently as guests throughout their stay in Zambia. As examined in the previous chapter, refugees in the settlements are accepted as long-term visitors, giving the reception afforded to them a quality of permanent temporariness. This is appreciably different from the uneasiness felt by refugees who move and attempt to settle within urban spaces on short-term permits or passes. Nonetheless, both distinct forms of reception have a sense of impermanence to them, which means that they remain entirely conditional. As such, movement can change the form of reception received but, in and of itself, it does not appear to end the reception process.

Institutional and ideational factors: contestation and the conceptualisation of refugee movement

This section examines the differing institutional and ideational factors surrounding the implementation of these official pathways and how different stakeholders conceptualise refugee movement and reception in the urban space. Policies that permit refugees to leave the settlements post registration have remained outside the scope of the 1970 Refugee Act and as such – up until 2017 – were not covered by the national legal framework for refugees in Zambia.40 This has resulted in COR (with input from UNHCR) creating ad hoc procedures to deal with all refugee matters that do not specifically relate to hosting refugees in refugee camps. At the institutional level, this has created the scope for COR to slowly bring in specific facets of the global refugee regime (including key regime norms) to the broader national reception policy.41 Nevertheless, the lack of a legal framework, or even at times any policy in writing, to support these administrative practices has created a great deal of inter-governmental contestation. This contestation within the national government concerning differing conceptualisations of refugees and their reception is further complicated by UNHCR’s overarching approach to urban refugees in Zambia.

Line ministries

At the level of line ministries, the Department of Immigration and other law enforcement agencies have traditionally responded to refugee movement via a construction of refugees based on the old 1970 Refugee Act. Refugees are viewed spatially in terms of the confines of the settlements. In addition, the Department of Immigration is mandated to implement the Immigration and Deportation Act (2010), which has little commonality or convergence with the 1970 Refugee Act or the new 2017 Refugee Act. Put succinctly by a former COR officer:

Immigration implementing the Immigration Act and the Commission for Refugees implementing the Refugee Act. There is no overlap, either you are a refugee or you are a migrant.42

Furthermore, as shown in the following response by a UNHCR implementing partner, there are clear ideational differences in how the departments understand refugees in Zambia – especially those present outside of the refugee camp. These differences arise from contrasting mandates and over forty years of differing interpretations and understandings of reception stemming from the 1970 Refugee Act:

And then you have also the Department of Immigration which is powerful and much bigger, and their perspective is that we are here to primarily protect our citizens. That’s fine that you’re a refugee but … after all you are a foreigner. For COR, refugees are Zambians.43

Consequently, immigration officers regularly approach all non-nationals on the territory in the same way: namely, as ‘foreigners’.

When these ideational and institutional factors are combined (that is, the spatial construction of refugees as essentially immobile bodies residing in a refugee camp, little overlap between the two main national acts focused on the movement of non-nationals, and sharply opposing ideational approaches by government bodies), the result is that all migrants, including refugees outside the settlements, are seen by the Department of Immigration and other law enforcement agencies as under the purview of immigration law. This was certainly the view of a former COR officer who noted that this has caused the line between refugees and economic migrants ‘to be quite blurred’.44 Indeed, once refugees have travelled across the country to get to Lusaka, it can be very difficult to distinguish them from other migrants wanting to regularise their stay in the country. This contestation and confusion at the national level have seen urban refugees frequently deemed as illegal migrants by government departments. As examined next, this creates a situation whereby urban refugees are regularly shifted from a global protection regime to a national immigration regime.

UNHCR and its implementing partners

Reception policies that constrict some of the key regime norms but simultaneously offer others within the confines of the refugee camp have the effect of constraining the global refugee regime spatially. Refugees are expected to give up key regime norms such as freedom of movement to gain access to the basic protections that the regime can offer within a refugee camp. This is particularly noticeable at the post-registration stage in Zambia when refugees utilise the official pathways out of the settlements. For UNHCR and its implementing partners, by choosing to leave the camp (either via legal or illicit channels) urban refugees are signalling that they can be independent and are no longer in need of protection or assistance.

Capacity and ideational factors are behind this broad institutional approach. Currently UNHCR have almost no resources for assisting in urban areas and as noted above, they are concerned that further assistance in urban spaces would act as ‘a pull factor’ and stimulate additional movement into cities. Indeed, an official went further, stating, ‘you live outside [the camps] if you are self-sufficient’.45 Significantly, the national government shares these conceptualisations of assistance/protection in the urban space. For example, at the sub-committee stage of an application for a URP, there is an implied requirement that the refugee is self-sufficient. Equally, with a URP based on health requirements, indirect security concerns are often raised regarding how the refugee will not become a burden on the state. The rationale for these arguments is based on the premise that assistance is offered in the settlements, so if you choose to live outside this space, ‘you can fight for yourself’.46

A consequence of this approach by UNHCR (in conjunction with the government tactics set out previously) is that urban refugees in Zambia are being removed from the global refugee regime and potentially even from the refugee label. Framed by Betts (2009a, 2013b) as ‘regime shifting’, refugees in urban spaces in Zambia are in effect being shifted from one regime to an alternative parallel immigration regime.47 Betts (2009a) suggests that states frequently attempt to move the ‘problem’ in this way because their aim is to relocate the politics of a given issue/area from one regime to another. By effectively redefining the criteria for being a refugee in Zambia as remaining in the camp space, UNHCR and the Zambian government appear to be de-linking urban refugees from the global refugee regime. In doing so, these refugees are being shifted away from the refugee label towards a generic (and often illegal) migrant label and hence into the national immigration regime.

Commissioner for Refugees, Zambian government

COR has continued to maintain a general commitment to the dominant camp-based reception policy, as set out in the national legal framework for refugees. Equally, COR preserves a good reputation amongst relevant non-governmental stakeholders in Zambia, including refugee leaders, community groups, UNHCR and its implementing partners (UNHCR, 2021b). This has been achieved by the Commission’s role (in collaboration with UNHCR) as the main driving force behind opening up access to the urban space and creating stronger connections between these disparate sites of reception. Equally, there has been a historical willingness on the part of COR to listen to ideas, engage in projects that pilot refugee integration, and maintain a relatively relaxed view of the imposed restrictions on freedom of movement for refugees.

This reputation was reinforced and enhanced with the appointment of Abdon Mawere, who took charge of the department in 2016. This was affirmed by a COR officer, who noted how his progressive approach to refugee regime norms sits in stark contrast to other departments in Home Affairs:

[In] Home Affairs, there is the Commissioner for Refugees and the Immigration, Department of Immigration. So they are supposed to be one family but they go directly against one another because the Commissioner for Refugees is refugee trained. He’s very understanding (and his whole office) and if it was his will, people will be moving forward doing their businesses and being integrated in the society.48

Firstly, the Commissioner worked closely with the former President of Zambia on the implementation of the new ‘development-style’ Mantapala refugee settlement (see the next section). Secondly, he was an important catalyst for the new 2017 Refugee Act finally coming into force. In turn, he pushed for new policy documents to ensure that the Act would be implemented progressively. For example, he took the lead in interpreting the new legislation in a way that would mean more refugees are able to leave the settlements and access urban areas in a semi-permanent manner.49

At the institutional level, the role of personality in the implementation and interpretation of refugee reception policy in Africa has been noted in the literature (Albert, 2010; Schmidt, 2014). In Zambia, the progressive steps taken by an energetic Commissioner have further softened COR’s interpretation of the national legal framework. As such, movement outside of settlements and by extension access to urban spaces has increasingly been incorporated into post-registration reception. The extent to which this is happening, at least within the confines of COR, is illustrated by a high-ranking officer in COR suggesting that refugees actually have freedom of movement in Zambia: ‘they just need to ask for it’.50

It will take time to see if these shifts in ideational and institutional approach to refugees and the urban space within COR can be translated into permanent practice on the ground. On one hand, these developments bring optimism for improved implementation of the fundamental regime norm of freedom of movement and with it a shift from the spatial confinement of refugee reception seen in Zambia since the 1960s. On the other hand, Zambia has witnessed relaxation in the overall understanding of the encampment policy in the past, only for it then to be reversed when numbers of refugees in urban areas increased to levels perceived as unstable. Changes in policy on the ground have traditionally remained discursive and self-contained within the COR. As the 2017 outbreak of violence in the DRC illustrated, this more liberal approach to refugee movement by the Commission is especially vulnerable to geopolitical events. At that time, the influx of refugees at the border led to COR and UNHCR abandoning plans to draft policy guidelines on the new Act, which would have allowed more access to urban areas. As noted by a UNHCR official, during a heightened time of unrest at the border, it did not make sense strategically to continue these negotiations with other line ministries.51

To conclude this section, until COR’s more ‘open’ approach to movement outside of the settlements is seen in official policy documents, if not the legal framework, and gains cross-departmental agreement and understanding, then confusion and contestation between national departments is likely to remain. For example, it is evident that the interpretation of the new Act, that allows more access to the urban space, is currently confined to COR and UNHCR. Equally, regardless of the accuracy of the statement, the idea that refugees do have freedom of movement in Zambia (‘they just have to ask’) is not shared more broadly within the national government or even by UNHCR.

This national-level institutional contestation means a great deal of policy relating to refugee movement outside of the settlements is contested and/or left to individual interpretation. This feeds into wider issues of miscommunication and confusion relating to the procedures for obtaining and renewing official permission for accessing urban spaces. This in turn causes further mistrust between the refugee and the state.52 The progress started by Abdon Mawere in slowly opening up urban spaces to refugees at the post-registration stage is good news for advocates wishing to see Zambia implement more core norms of the global regime. Nonetheless, with large discrepancies in approach at the national level remaining, the contestation within the government ultimately reinforces the perceived need for the dominant reception approach in Zambia. Refugees moving around the territory are seen by government agencies as being outside of the national refugee legal framework. Consequently, external to COR, the adoption of these strategies for facilitating refugee movement has also had the effect of further criminalising and reframing (or regime shifting) urban refugees as irregular or illegal economic migrants.

Contemporary shifts in refugee policy at the local level: the Mantapala settlement

In interviews with state and (some) INGO informants, the opening of the ‘whole of society’ and ‘whole of government’ Mantapala settlement in the north of the country in 2017 was heralded as a new approach to receiving refugees. With an emphasis on the integration of refugees with local communities and the inclusion of the local government, this venture gives an indication of the further relaxation of the encampment policy in Zambia. This section probes whether this approach, with its emphasis on the local level, has the long-term potential to resist the key material, institutional and ideational factors that have dominated national-level refugee policy in Zambia since independence and ultimately reinforced the perceived need for a camp-based reception policy.

Additionally, this section develops a line of argument, based on Milner’s (2009) work on the ‘democracy-asylum’ nexus, which suggests an association between increased democratisation and more restrictive forms of asylum. Using the logic of Milner’s work, but turning it in the opposite direction, this section asks whether a shift from a competitive/democratic political settlement to a more authoritarian-style political settlement, allows for the possibility of improved reception conditions for refugees? Political scientists such as Khan (2010) and Letvisky and Way (2010) have suggested that when a political settlement moves towards an authoritarian style of governance, long-term programming/projects can more easily be implemented if they align with the interests and ideologies of the incumbent president. This is because the ruling party becomes less worried about democratic systems and short-term concerns such as losing re-election.

As noted previously, before Edgar Lungu unexpectedly lost the national election in 2021, power in Zambia was increasingly being retained by a president who had an ideological commitment to pan-Africanism. Thus, the argument is that as a government such as Zambia’s moves towards a more authoritarian political settlement, they become less concerned about the concomitant short-term political risks of integrating refugees into communities than neighbouring states with more clearly defined democratic structures. Hence, the political space emerged for the creation of the Mantapala settlement and its ‘whole of society’ and ‘whole of government’ approach.

Mantapala: a ‘whole of society’ approach to refugee reception?

Incremental shifts in approach and attitude towards the reception of refugees in Zambia (particularly post registration) by the now former president and COR have been discussed previously. These have included Edgar Lungu making public international commitments relating to the New York Declaration / the CRRF and the Global Compact on Refugees. As part of these broad international commitments, a form of ‘whole of society’ and ‘whole of government’ approach was adopted in the design and implementation of the Mantapala settlement in the Nchelenge district in the Luapula Province.

The settlement was designed to embody a more inclusive development approach to refugee reception in Zambia. In contrast to the two existing settlements, arrivals from the DRC are given plots of land alongside Zambian nationals. A UNHCR official who had been working on the project since inception gave an account of the approach:

It’s about 6000 hectares plus. It is a type of settlement for refugees. Settlement in that the refugees will be supplied with plants to sustain themselves and also the host community there will not be displaced. The new concept is that the host community lives alongside the refugees. The local community will also have access to the services. Health, schools and boreholes will all be new and available to local community. We are also building the roads and the schools and the health centres.53

As part of this ‘whole of government’ approach, there has been buy-in from key ministries and departments involved in the project, including those working in the areas of employment, health and education. In addition, there is participation and engagement by local-level government departments and officials. Also, District Joint Operation Committees were set up, which run monthly meetings as part of strategic responses to assist with new arrivals.

There has also been a concerted effort to embrace the CRRF and include partners not just focused on immediate humanitarian concerns. During interviews, UNHCR officials described the approach as a new way of working: ‘trying to bring in solutions and long-term solutions from the start, trying to bring in diversified partners including development partners from the start’.54 With meaningful engagement by development agencies and the ability of refugees to easily interact with local communities, the hope is that lessons have been learnt from the experiences of the previous settlements and that this time refugees will have a realistic chance at ‘self-reliance and access to livelihood opportunities’.55

Certainly, the inclusion of local communities alongside multiple government departments (including local government) in the designing and implementation of the settlement represents a key operational shift by the state in its approach to the reception of refugees. This is particularly striking given that the Mayukwayukwa and Meheba settlements have been neglected by the Zambian state (and arguably UN agencies) for decades. Nevertheless, it will take time to see if this approach is deemed successful long term for all stakeholders. At present, it remains unclear whether this project heralds a more permanent shift away from the current camp-based reception policy in Zambia or not.

Early warning signs: material and ideational contestation

When speaking to key stakeholders about the execution and development of the project, the responses were not entirely promising. As hinted at by a UNHCR officer, ‘it’s an ongoing process but it can be slow’.56 Indeed, several key material, institutional and ideational factors that influence the maintenance of the dominant camp policy reappeared when interviews turned to the topic of the new settlement.

A familiar material factor that emerged was capacity and funding levels. In fact, concerns were raised around funding issues at three levels of state analysis: international, national and local. Firstly, INGOs noted how gaps in international funding (in contrast to the commitments made by donors) started to appear immediately. As one INGO worker observed, from its inception donors almost instantly switched attention to other ongoing global refugee situations, where the number of affected refugees were higher.57 This tendency has only increased since the launch of the settlement, with the national government in 2019 publicly expressing frustration at the lack of international support (UNHCR, 2019c). Secondly, at the national level, from the start concerns were expressed around the lack of infrastructure and genuine engagement by key departments (such as health and education).

Thirdly, during the time of the interviews, key stakeholders were unsure about the exact role of local authorities. It was evident that there was interest at this level of government (and the provincial level) in being involved in the running and implementation of the project. Yet it was not entirely clear how much power would be decentralised down to the local level. To many, local government in the country is ill-equipped to function properly. Thus, without the re-allocation of funds, it is unlikely that local authorities will have the political and economic power to really influence the development of the settlement and surrounding areas.

Capacity issues also had a role to play in the location of the new project. Rather than selecting land that was close to significant urban settlements (with the accompanying existing networks and infrastructure to draw on), the space chosen was located in the second poorest province in Zambia. It is situated in the far north of the country and is over 1000km away from the capital, Lusaka. Furthermore, over 80 per cent of the population of that area live in poverty. When discussing the site, a UNHCR official noted:

It is an area that [is] basically the middle of a forest, it will also encourage all humanitarian and development actors to bring in essential services such as education and health. They will benefit both the local population and the refugee population and promote peaceful coexistence.58

On a positive note, it is evident from this quote that the choice of land to host refugees means that any new development will also greatly assist a particularly poor area of the country and its locals. Yet equally, it underlines concerns surrounding the ability of a medium-income state to respond to new arrivals when the area selected for reception is already a precarious space for nationals.

The same UNHCR official confirmed this point later in the interview:

it is already a crisis area in itself – then you add traumatised highly malnourished displaced persons arriving that are in need of a lot of care and you have a major crisis because there is no safety net that is existing for the local population, let alone for the refugees.59

Thus, before refugees could even be transported there, urgent international support was required. This took the form of essential infrastructure, schools, health services and other key services and provisions.

When you consider these capacity issues at each level of analysis, as well as the geographical location of the camp, troubling parallels start to emerge in relation to the existing settlements in Zambia. A project that starts out as an innovative development scheme can quickly transform into a halfway house between an emergency refugee camp and a development project: in essence, a humanitarian-style camp space.

Conceptualising refugees and refugee reception outside of the camp setting: a step too far?

A key ideational factor observed throughout the past two chapters has been the construction of reception sites for refugees in Zambia. By broadly maintaining a conceptualisation of refugees and their reception being within the confines of a camp space, refugee movement outside of that space is heavily controlled and regularly deemed as illicit by many within the government. The empirical evidence suggests that this framing of refugees as ‘regime refugees’ has carried over into the design and realisation of the Mantapala settlement.

The new settlement was established at a time when commitments were made by the former president at the international level to consider relaxing freedom of movement restrictions. In addition, the design of the settlement involves plots of land being given to both refugees and local citizens. Nevertheless, Mantapala remains a gated camp for the refugee inhabitants, whereby they need to request permission to leave for a designated period of time.60 A UNHCR official framed the situation as a positive for refugee protection:

[It’s] sort of a loose gate pass. It’s more meant to protect refugees … if they need to be outside the settlement – so they have papers accepted by immigration they can show they left the settlement with permission.61

In contrast, another UNHCR officer expanded on this by noting that the passes were only issued for a maximum of one week and refugees needed to give clear justification for leaving the settlement.62 Irrespective of the exact motivation for the gate passes, this ‘new’, ‘whole of government’ and ‘whole of society’ approach to reception and reception spaces retains the same relationship with refugee movement as the two existing settlements, whereby pathways out of the site are still heavily monitored and restricted. It also suggests a general unwillingness to conceptualise refugees entirely outside of a camp-based setting.

To conclude this section, the establishment of the Mantapala settlement points to the national government being open to relaxing certain elements of the dominant reception policy, particularly around: (1) conceding some power to lower levels of government; and (2) the integration of refugees with local communities. Furthermore, the gradual decline in the quality of democracy, and with it the slow shifting of executive power to the Office of the President, paradoxically created the political space for these positive advances in refugee reception. Nevertheless, while the former president created the impetus for these developments, the above subsections question whether implementation over the long term will measurably improve refugee reception. Indeed, this initial investigation suggests that reservations held at the national level around truly relaxing spatial restrictions for refugees in Zambia continue to dominate reception policies.

Based on these findings and Chapter 4, the overriding concern that emerges is that the new settlement may simply turn into another halfway house, sitting somewhere between an emergency humanitarian space and a truly inclusive development project. Without international support in the form of actual investment on the ground, the goodwill and long-term planning of the former president and COR are only likely to be able to take the new initiative so far.

Post registration in Zambia: a global regime and the ‘regime refugee’ confined to the camp space

A dynamic combination of inter-related ideational, material and institutional factors at the national and international level work together to maintain the camp-based reception policy in Zambia, post registration. Nevertheless, a more holistic understanding of state-based reception in Zambia emerges when analysis is broadened to investigate the ways in which the refugee camp is regularly connected to the urban space. Indeed, certain institutional and ideational factors (largely stemming from COR) frequently contest and even on occasions constrain these ‘dominant’ factors. This results in some officially sanctioned movement between the refugee camp and urban space, and the settling of refugees in cities such as Lusaka on a temporary basis.

UNHCR emerges as the main actor within the established refugee camps in Zambia at the post-registration stage (particularly in terms of decision-making and funding), even though the agency is attempting to implement a ‘slow retreat’ from the settlements. Conflicting material, ideational and institutional factors emanating from the UN agency have resulted in a halfway house whereby, due to capacity concerns, UNHCR mostly works and offers humanitarian assistance within the confines of the camps in Zambia, although at the same time the agency continues to frame these spaces as development sites which should eventually transfer entirely over to development actors.

The result of this contestation between factors is that the global refugee regime is essentially confined to the settlements. For many refugees, there is little choice but to give up certain key rights and freedoms to gain access to essential humanitarian services. For others, the spatial dimensions of the refugee regime, in conjunction with state-imposed restrictions on pathways out of the camp space, results in a great deal of refugee movement within Zambia being circular (for example, between the settlements, nearby local communities and more built-up urban centres like Lusaka). Ultimately, the UN agency is reinforcing the idea of the ‘regime refugee’, with refugees’ reception and long-term presence being understood within the spatial/geographical confines of the settlements. Moreover, this dominant in-country approach is undermining the agency’s diplomatic efforts with the ruling political settlement to relax restrictions on freedom of movement.

Nevertheless, almost paradoxically, the adoption of camp-based reception creates sufficient stability for some movement of refugees to occur. In this way, the refugee camp regulates the numbers of refugees in the urban space. Yet, the spatial aspects to how refugees (and their reception) are constructed, shape how those who move between the camp and urban space can access local networks and economies. Their journeys and attempts to pursue their own personal and economic aims move them outside of the conventional understanding of a ‘refugee’ within large parts of the government and UNHCR. Urban refugees are expected to be entirely self-sufficient and are seen as fundamentally distinct from ‘regime refugees’ in the settlements. In this way, refugees in the urban space are being shifted from a refugee label (and therefore from the global refugee regime that attaches to that) to one of being a migrant, or illegal migrant, which moves them into the remit of the national immigration regime.

Finally, the current implementation of the Mantapala settlement reaffirms underlying assumptions about refugee reception within key elements of the national government. The recent initiatives at the international level and the former president’s public commitment to consider relaxing the camp-based policy do not satisfactorily tackle the underlying ideational factors leading to refugees being conceptualised by many government bodies as existing solely within confined reception sites. Thus, without addressing the dominant factors detailed in the previous two chapters, any major increases in the movement of refugees on the territory – particularly within major urban spaces – would be likely to be perceived as a destabilising event that needs to be managed. The result would be a likely crackdown on refugees in urban spaces and a renewed focus on the refugee camp as the dominant reception policy. Equally, without tackling these entrenched conceptualisations of refugees and their reception, contemporary attempts at relaxing the refugee reception policy by specific government bodies and UNHCR may in fact be inadvertently reinforcing the generally perceived need for the refugee camp in the eyes of many within the government.

This concludes the Zambia case study and the book now turns to examine state-based refugee reception in the second Southern African case study: South Africa. In line with the dual geographical focus of the project, attention now moves from the refugee camp to the urban space as a major reception site for refugees. Building on the findings that ideational, material and institutional factors interconnect, reinforce and/or contest each other to produce unique reception policies, the following two chapters will identify and analyse the factors behind why South Africa continues to reject the regionally popular encampment reception policy of its close neighbour.

Notes

  1. 1. In sharp contrast to national-level engagement once refugees are allowed out of the settlements and they attempt to settle in urban spaces.

  2. 2. Zambia State Entities Interviewee 07.

  3. 3. See 7NDP (2018). The latest National Development Plan (8NDP, 2022) makes no reference to refugees.

  4. 4. See also Bakewell (2002).

  5. 5. Zambia INGOs Interviewee 10.

  6. 6. See UNCDF (2018).

  7. 7. There are state-led restrictions as to who can access these services, for example, they are only available for officially recognised refugees.

  8. 8. Zambia INGOs Interviewee 10.

  9. 9. See Verdirame and Harrell-Bond (2005); Long (2014).

  10. 10. This occurred in 2016 after a small number of shops and homes were looted and destroyed.

  11. 11. Zambia Civil Society and Refugee Groups Interviewee 09.

  12. 12. Zambia Civil Society and Refugee Groups Interviewee 11. The CBI is available longer term for refugees seen as particularly vulnerable.

  13. 13. Zambia Civil Society and Refugee Groups Interviewee 11.

  14. 14. These ideas were developed with Professor Loren Landau.

  15. 15. Zambia Civil Society and Refugee Groups Interviewee 11.

  16. 16. Zambia Civil Society and Refugee Groups Interviewee 13.

  17. 17. Zambia State Entities Interviewee 04.

  18. 18. Zambia State Entities Interviewee 07.

  19. 19. Zambia INGOs Interviewee 02.

  20. 20. Zambia INGOs Interviewee 10.

  21. 21. Zambia INGOs Interviewee 10.

  22. 22. Zambia Civil Society and Refugee Groups Interviewee 10.

  23. 23. See UNHCR (2017a). Although when refugees have serious problems, they are often given extra food and the cash payment.

  24. 24. Many refugees do however find ways of leaving the settlements on a daily basis to conduct piecemeal work.

  25. 25. See Neto (2019); Bakewell (2002).

  26. 26. Zambia State Entities Interviewee 02.

  27. 27. Zambia Civil Society and Refugee Groups Interviewee 05.

  28. 28. Zambia State Entities Interviewee 06.

  29. 29. This is an extremely generous interpretation of freedom of movement.

  30. 30. Zambia State Entities Interviewee 06.

  31. 31. Zambia State Entities Interviewee 06.

  32. 32. Zambia Civil Society and Refugee Groups Interviewee 11.

  33. 33. Zambia INGOs Interviewee 02.

  34. 34. The state has on multiple occasions committed to integrating former refugees. In 2014, the Strategic Framework for the Local Integration of Former Refugees aimed to regularise former Angolan and Rwandan refugees (Maple, 2018). In 2019, the state again committed to the integration of former refugees from these two countries (World Vision et al., 2019); and in 2022, the state committed to considering the ‘significant permanent solution to local integration of former refugees’ (Republic of Zambia, 2022).

  35. 35. Zambia State Entities Interviewee 05.

  36. 36. COR now has a system that allows refugees to renew gate passes in Lusaka.

  37. 37. Zambia Civil Society and Refugee Groups Interviewee 11.

  38. 38. Zambia Civil Society and Refugee Groups Interviewee 11.

  39. 39. Zambia State Entities Interviewee 01.

  40. 40. The 2017 Refugee Act does allow for new forms of urban permit – although the Act at the time of writing had not been transferred into a set of practice and procedure rules.

  41. 41. In 2002, the Zambia Initiative was a ‘Development through Local Integration project that focused on the needs of host communities in the Western Province and included the refugees in the Mayukwayukwa and Nangweshi settlements’ (DTS, 2014). Another example includes the Comprehensive Strategy 2009, which focused on Angolan refugees (UNHCR, 2012).

  42. 42. Zambia State Entities Interviewee 02.

  43. 43. Zambia Civil Society and Refugee Groups Interviewee 05.

  44. 44. Zambia State Entities Interviewee 02.

  45. 45. Zambia INGOs Interviewee 10.

  46. 46. Zambia INGOs Interviewee 10.

  47. 47. This follows global trends, see Mourad and Norman (2019).

  48. 48. Zambia Civil Society and Refugee Groups Interviewee 05.

  49. 49. Article 42 is being interpreted by COR and UNHCR as allowing certain refugees the right to work in urban areas (in the informal sector) without the need to apply for visas.

  50. 50. Zambia State Entities Interviewee 05.

  51. 51. Zambia INGOs Interviewee 10.

  52. 52. This leaves refugees outside of the settlements vulnerable to extortion and bribes.

  53. 53. Zambia INGOs Interviewee 06.

  54. 54. Zambia INGOs Interviewee 10.

  55. 55. Zambia INGOs Interviewee 10.

  56. 56. Zambia INGOs Interviewee 06.

  57. 57. Zambia INGOs Interviewee 14.

  58. 58. Zambia INGOs Interviewee 10.

  59. 59. Zambia INGOs Interviewee 10.

  60. 60. Citizens in the new settlement have no restrictions on their movement.

  61. 61. Zambia INGOs Interviewee 10.

  62. 62. Zambia INGOs Interviewee 06.

Annotate

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