Refugee law and encampment policy in Malawi

National and international framework

Malawi is party to the 1951 Refugee Convention and its 1967 Protocol. Its principal domestic legislation is the Refugees Act of 1989. UNHCR records that Malawi maintains reservations to several Convention provisions, and that the domestic framework restricts movement, residence, employment, and access to some public services.

This article is a general reference, not legal advice. Current legal questions should be checked against the legislation, government notices, and qualified legal assistance.

Encampment policy

Malawi’s encampment policy generally requires refugees and asylum-seekers to live at Dzaleka unless authorised to reside or travel elsewhere. Exit permits can be important for education, specialised medical care, work, or other travel outside the camp. Sociological analysis (e.g. Stammen 2025) describes the encampment system as a spatial technology that enforces prolonged “waiting” and legal limbo, which residents counter through self-reliance initiatives and community organisations.

In March 2023, the Government directed refugees and asylum-seekers living in urban and rural areas to return to Dzaleka. UNHCR reported that the relocation increased pressure on an already congested settlement and called for rights and dignity to be protected during the process. Academic research records that the forced returns exacerbated housing shortages, heightened social tension, and displaced residents from urban livelihoods.

Work and education

Restrictions affect access to formal employment and business activity outside Dzaleka. Refugees may require permits and can face practical barriers in recognition of qualifications, higher education fees, travel, banking, and documentation. These conditions have contributed to a large informal economy inside the camp and interest in digital work that can cross geographic boundaries.

Reform process

Malawi made commitments through the Comprehensive Refugee Response Framework to pursue legal and policy reform and greater self-reliance. In February 2026, the Malawi Law Commission held a national validation workshop on its review of the Refugees Act, including refugee status determination, rights and obligations, institutional arrangements, and the ending of refugee status. The validation workshop was part of a review process; this entry does not treat proposed reforms as enacted law.