The Refugees Act currently under review by the Special Law Commission is expected to address longstanding challenges in the management of refugees and asylum seekers in Malawi.
Speaking during a validation workshop on the Refugees Act in Lilongwe on Thursday, Special Law Commission chairperson Redson Kapindu said the existing law places greater emphasis on controlling refugees and asylum seekers rather than safeguarding their rights.
He said one of the key recommendations is a shift from a purely control-based approach to a rights-based framework that balances national security with the rights of refugees and asylum seekers.
Kapindu, a judge of the the High Court of Malawi, said: “It must be cognisant of the fact that while Malawi offers refuge, national security cannot be put at risk. There has to be a balance.
“The current Act does not adequately recognise refugees’ rights, which is why, among other things, refugees are not allowed to integrate into host communities.”
He further noted that Section 11 of the current Act allows appeals only to the minister, whose decision is final and not subject to judicial review.
“This is inconsistent with the Constitution, which provides that no decision is above the law and that all decisions can be challenged,” said Kapindu, adding that the provision will be revisited.
The commission has also recommended legislating the Department of Refugees and appointing a Commissioner for Refugees to head it.
Minister of Homeland Security Peter Mukhito agreed that the current Act has significant gaps and requires comprehensive reform. He said the review comes at a critical time, particularly as the government seeks alternative funding for refugee management following the scaling down of donor support by the United States, which has affected several UN agencies, including UNHCR.
Malawi Human Rights Commission executive secretary Habiba Osman said the current law was drafted in 1989 before the Malawi Constitution came into effect in 1994, hence the review is a step in the right direction.
Refugee rights advocate and Inua Advocacy chief executive officer Innocent Magambi said reviewing the Refugees Act was long overdue, describing the current law as “archaic”.
“Creating pathways towards integration, and ultimately citizenship, should be the long-term goal,” he said.
