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đź“Š analysis Effective: 1951

Malawi's Reservations to the 1951 Refugee Convention

Understanding why certain rights (work, property, movement) are legally restricted in Malawi.

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What is a “Reservation”?

Malawi is a signatory to the 1951 UN Refugee Convention, the main international treaty protecting refugees. However, when signing, a country can legally state that it will not be bound by specific articles. These are called “Reservations.”

Malawi has entered reservations to nine specific articles. These reservations form the legal basis for many of the restrictions refugees face daily in Dzaleka.

Key Restrictions

1. Right to Work (Article 17)

“The Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment… as regards the right to engage in wage-earning employment.”

  • The Reservation: Malawi treats this article as a “recommendation only,” not a binding obligation.
  • Impact: Refugees do not have an automatic legal right to formal employment. You cannot easily get a work permit for a formal job in town.
  • Self-Employment (Article 18): Also restricted, making it difficult to legally register a business outside the camp.

2. Freedom of Movement (Article 26)

“Each Contracting State shall accord to refugees lawfully in its territory the right to choose their place of residence and to move freely within its territory.”

  • The Reservation: Malawi reserves the right to designate where refugees must live.

  • Impact: The Encampment Policy. Refugees are required to reside in Dzaleka Refugee Camp and need express written permission (administratively called a “Gate Pass”) to leave.

  • Impact: The Encampment Policy. Refugees are required to reside in Dzaleka Refugee Camp and need express written permission (administratively called a “Gate Pass”) to leave.

3. Economic Restrictions

Malawi has reserved against key articles that enable economic independence:

  • Right to Work (Article 17): Considered a recommendation only. No automatic right to employment.
  • Property Rights (Article 13): Limits the right to own movable and immovable property (land/houses).
  • Liberal Professions (Article 19): Blocks skilled refugees (doctors, lawyers, engineers) from practicing their professions.
  • Labour Legislation (Article 24): Excludes refugees from full protection under national labor laws and social security.

4. Education & Integration

  • Public Education (Article 22): No guarantee of equal access to secondary/tertiary education.
  • Naturalization (Article 34): Malawi explicitly reserves the right not to facilitate the naturalization (citizenship) of refugees, even after long-term residence.
  • Right of Association (Article 15): Limits the right to form non-political associations and trade unions.
  • Exemption from Reciprocity (Article 7): Limits refugees from receiving equal legal protection afforded to nationals.

Advocacy

Organizations like Inua Advocacy and UNHCR continue to advocate for the government to lift these reservations, arguing that allowing refugees to work and move freely would benefit the Malawian economy (the “self-reliance” model).

Source: 1951 UN Refugee Convention