The Malawi Refugees Act (1989)

Overview

The Refugees Act (Cap 15:04) is the primary legislation governing the status and treatment of refugees in Malawi. Enacted in 1989, it establishes the legal framework for asylum, the rights (and restrictions) of refugees, and the powers of the government to manage refugee populations.

[!NOTE] This Act is currently under review, with a new Refugee Bill expected to be tabled in 2026 to shift towards a more “rights-based” framework.

Key Provisions

1. Definition of a Refugee

The Act incorporates definitions from the 1951 UN Convention and the 1969 OAU Convention. A refugee is defined as someone who:

• Has a well-founded fear of persecution based on race, religion, nationality, or political opinion.
• Is compelled to leave their country due to external aggression, occupation, foreign domination, or serious public order disturbances.

2. Refugee Status Determination (RSD)

The Act establishes the Refugee Status Determination (RSD) Committee. This body is responsible for granting or denying refugee status.

• Refugee Committee: Established to review applications for refugee status.
• Application Process: Asylum seekers must apply within a specified timeframe upon entry.
• Appeal: If status is denied, there is a provision for appeal to the Minister.

3. Restrictions (The Encampment Policy)

The Act empowers the Minister to designate specific areas (camps) for refugee settlement.

• Section 10: Often cited as the legal basis for the Encampment Policy, requiring refugees to reside within designated camps (like Dzaleka).
• Movement: Movement outside the camp requires express “written permission” (administratively known as a Gate Pass) from the Camp Administrator or authorized officer. Note: The specific term “Gate Pass” does not appear in the 1989 Act itself but is the standard term for the required permit.

4. Rights and Obligations

While the Act grants protection from refoulement (forced return), it also places restrictions on:

• Employment: Limited access to formal employment due to reservations to the 1951 Convention.
• Property: Restrictions on viewing immovable property (land/houses) outside designated areas.

Practical Implications for Residents

• Stay Legal: Always ensure your status is active and you have valid documentation.
• Movement: If you need to travel outside Dzaleka (e.g., to Lilongwe), you must obtain a Gate Pass from the Camp Administrator to avoid arrest under the Immigration Act.
• Business: Operating a business outside the camp without a specific permit is legally risky under current enforcement of the Act.