CHAPTER 12 Article 12 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 5. The mass expulsion of nonnationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups. 301. The Constitution sets the legal basis upon which every person lawfully in Zambia is entitled to the right to movement and freedom to choose one’s residence. People are free to move around the country and to change their residence at any particular time. Zambia is a multi-ethnic country whose citizens live in harmony, inter marry between tribes, and reside or work in any place of their choice. A. LEGISLATIVE MEASURES The Constitution 302. Article 22 of the Constitution provides that every person in Zambia has the right to move freely throughout Zambia; reside in any part of Zambia; and leave Zambia and return to Zambia, except where that person has been lawfully detained. 124