Over two years after forcibly re-encamping refugees and asylum seekers, government remains silent over grave allegations of abuse raising fears that impunity is overriding justice, constitutional duty, and basic human rights.
Close to 2 000 refugees and asylum-seekers were rounded up from urban centres across the country by Ministry of Homeland Security in May 2023 and relocated to Dzaleka Refugee Camp in Dowa.
These foreign nationals were not only removed but also stripped of their property, livelihoods, education, and medical care, while some were deported in possible violation of constitutional and international protections.
Almost 30 months later, unanswered questions persist over the allegations and some of the seized shipping containers, including their contents and why there are no restitution mechanisms.
Advocates warn that continued inaction risks normalising serious human rights violations which will create a dangerous precedent that weakens the rule of law and state accountability.
Inua Advocacy executive director Innocent Magambi reiterated in an interview that every claim the refugees and asylum seekers made was substantiated through documented evidence, eyewitness testimonies, and official records.
Magambi said some of the affected individuals have since engaged private legal practitioners to represent them in pursuing justice.
“Through these efforts, a number of deported individuals have been able to return to Malawi. But others remain detained in Rwandan prisons, awaiting trial,” he said.
He added that his organisation had documented numerous atrocities supported by various forms of evidence, including video recordings showing small-scale business operators acting as law enforcers.
The recordings allegedly show refugees being arrested, goods confiscated, and items taken to Maula Prison under coercion.
“Testimonies from Mchinji indicated that individuals believed to be members of the youth wing of the then ruling party attacked refugee-owned shops,” claimed Magambi.
He said police officers allegedly collaborated in looting goods and imprisoning victims. Mchinji also reported a rape incident involving a refugee victim.
During the relocation exercise, Inua submitted formal complaints to the Independent Complaints Commission (ICC) and the Malawi Human Rights Commission (MHRC).
Some refugees have also started claiming back their seized shipping containers, a development Magambi described as a small but significant step toward justice.
A total of 125 containers filled with assorted products were confiscated, however, the total value of the goods has not been disclosed to date.
Last month, two refugees got back their five containers from the National Police Headquarters in Lilongwe after they successfully reclaimed their property following a release order from the court.
The two had sought legal intervention after police search found no weapons, contrary to government’s earlier suspicion that some containers posed a security threat as they were being used as harbors of dangerous weapons.
However, one of the refugees Jean Claude Mbarubukeye, who reclaimed four containers, said after inspecting them, he discovered rotten maize and soya and warned to consult his lawyer on the next steps.
At the time, former national police spokesperson Peter Kalaya disclosed that out of the 125 confiscated containers, 14 had so far been released following court orders, 53 had pending interest from the owners while 72 remain unclaimed.
Currently, Inua is in discussions with the Secretary for Homeland Security to ensure that the remaining containers are returned to rightful owners.
“With the change of government, we have renewed hope that justice will finally be pursued,” said Magambi.
Magambi believes this process would prevent refugees from wasting time and resources on lengthy court proceedings while ensuring their property and livelihoods are restored.
He emphasised that restitution, coupled with accountability for perpetrators, is essential to restoring faith in the justice system and protecting vulnerable communities.
One of the affected refugees, 45-year-old James Kabanga from the Democratic Republic of Congo (DRC), has appealed to the government to return confiscated containers saying his family life has become unbearable since his property was seized.
Kabanga said his container held groundnuts, soya beans and rice, along with other items valued at nearly K27 million, all of which were taken away during the operation.
“I have a family with three children who are now suffering. They cannot eat properly or access decent education. I have nowhere else to depend on,” he lamented.
Kabanga, who spent two months on remand at Maula Prison before being released and sent to Dzaleka, further pleaded with the Malawi government to reconsider the affected refugees situation.
Civil Society Coalition on Migration chairperson Victor Mhango said government’s prolonged silence in the face of serious allegations of abuse during was deeply troubling.
Mhango said the silence signals indifference at its best and complicity at worst because “when vulnerable people report violations of their rights, the State has a duty to investigate transparently, hold perpetrators accountable, and provide redress.”
He said: “Two years on, the absence of any clear findings, accountability measures, or public communication undermines trust in the relevant institutions and sends a dangerous message that abuses against refugees can occur without consequence.
“Respect for human rights is measured not by policy statements, but by how governments respond when those rights are alleged to have been violated.”
Human Rights Defenders Coalition (HRDC) chairperson Michael Kaiyatsa concurred with Mhango also describing the silence as worrisome.
He said a lot of allegations of abuse were documented during the exercise, yet there has been no transparent investigation or public explanation.
“This silence not only denies survivors justice, but also entrenches a culture of impunity and undermines confidence in the state’s commitment to human rights and the rule of law,” he said.
When contacted, Acting Secretary for Homeland Security Linda Moyo referred Weekend Nation to the ministry’s public relations officer, Joseph Chauwa, who neither answered his mobile phone despite several attempts nor responded to messages.
Malawi Police Service national spokesperson Lael Chimtembo also said he could not respond to our inquiry saying he was engaged in a presidential operation.
Malawi has hosted refugees from neighbouring countries, including Rwanda, Burundi, and the DRC, for decades. Currently, Dzaleka is hosting around 60 000 refugees and asylum seekers.
International law, including the 1951 Refugee Convention and Malawi’s Constitution, guarantees protection from arbitrary deportation, ensures property rights, and requires due process. Allegations of abuse in 2023 highlight systemic gaps in implementation.
