Inua Advocacy, a civil society organisation that advocates for refugee rights in Malawi and beyond, last week reported Malawi to the African Union (AU) over alleged ongoing and unresolved human rights violations against refugees, asylum seekers and human rights defenders in the country. In this interview with our News Analyst LUCKY MKANDAWIRE, Inua’s chief executive officer INNOCENT MAGAMBI talks about the ongoing human rights violations.
Q. Precisely, what do you want the African Union to do on your claims?
A. We are asking them to lead an independent fact-finding mission to investigate the ongoing human rights abuses against refugees, asylum-seekers, and human rights defenders in Malawi, focusing on arbitrary detentions, sexual violence, and attacks on civil society. We urge them to push for the suspension of forced relocations and collaborate with the government to reform refugee policies, including a swift revision of the 1989 Refugee Act. We urge the government to ensure accountability by investigating and prosecuting State agents responsible for human rights abuses, including sexual violence, corruption, and unlawful detentions of refugees.
Q. Wh a t a r e t h e s e outstanding and ongoing human rights violations you want the AU to intervene on?
A. They include severe abuses that began during Malawi’s forced relocation exercise which persist to this day. Among these are incidents of gang rape, for which the perpetrators remain unaccountable, and the widespread confiscation of property and livelihoods from refugees, with no restitution provided to those affected. Additionally, statements by senior government officials have fuelled hostility toward refugees by associating them with criminal activity. They falsefully claimed that six Rwandan genocide fugitives were hiding among Malawi’s refugees, even though three of these individuals died years ago and the only remaining survivor, Kabuga, was arrested in 2020. Such baseless claims propagate harmful stereotypes and create a dangerous narrative against an already vulnerable group. Ongoing violations include denial of Convention Travel Documents, preventing young refugees from furthering their education and others from accessing essential medical care abroad. Corruption and extortion by State officials are also prevalent, with refugees often forced to pay bribes to avoid deportation or secure resettlement. Arbitrary detention, including of children, persists in inhumane conditions, often without access to legal representation. We believe the AU’s intervention is critical to address these human rights violations and ensure justice and protection for refugees and asylum-seekers in Malawi.
Q. What were your initial key recommendations to the AU during the 79th Session of the ACHPR? I
A. We recommended that they should conduct an independent investigation into the abuses against refugees and asylum-seekers in Malawi; request the Malawi Government to stop the forced relocation exercise and improve the living conditions in Dzaleka Camp. We also advocated for reforms to Malawi’s refugee policies, including revising the 1989 Refugee Act to grant refugees freedom of movement and access to employment and also hold state agents accountable for human rights violations, ensuring justice for victims of rape, arbitrary detention, and other abuses.
Q. You have said that some new human rights violations have emerged, could you explain these?
A. There has been a troubling pattern of targeting and harassment directed at human rights defenders, specifically our organisation, Inua Advocacy. We were unprocedurally evicted from Dzaleka Refugee Camp and banned from engaging with the refugee community, a direct attempt to silence our work and prevent us from supporting those in need. Additionally, we have observed an alarming increase in military raids at Dzaleka Refugee Camp, leading to the detention of both trafficked individuals and traffickers, with disturbing allegations of abuse by military personnel, including beatings and theft. These new forms of intimidation and harassment represent a dangerous escalation in human rights violations, which we believe require urgent intervention from the AU.
Q. There are reports of refugees and asylum-seekers being forced to pay bribes to avoid deportation or to secure places on resettlement lists, how serious is the issue?
A. The issue of corruption is per vasive and has significantly impacted the refugee community in Malawi. Officials from different agencies have reportedly demanded bribes from refugees to avoid deportation during relocations and secure spots on resettlement lists for those seeking opportunities abroad. Despite the submission of numerous cases to the Malawi Human Rights Commission (MHRC), the Independent Complaints Commission (ICC), and the Anti-Corruption Bureau (ACB), there has been no progress in holding these officials accountable. The ICC cited a lack of funding as a key barrier to investigations, allowing the corrupt practices to continue unabated.
Q. Some of the allegations you have made are serious, is Inua Advocacy ready to produce evidence on the same?
A. We have documentation of testimonies from victims of arbitrary detention, sexual violence, and extortion. We also have specific cases of property confiscation and details of threats against our organization and collaborators. And we have testimonies from the people directly affected by military abuses during raids on Dzaleka Camp. We are committed to cooperating with any independent fact-finding mission led by the AU to ensure a thorough and accurate assessment of the situation.
