MHRC backs new refugee law, says 1989 Act out dated

The Malawi Human Rights Commission (MHRC) says proposed new legislation on refugees and asylum seekers will strengthen protection of their rights and improve Malawi’s response to their needs.

MHRC executive secretary Habiba Osman said this in a statement following the Special Law Commission’s draft report on the review of the Refugees Act.

The Commission’s report proposes the Refugees (Protection and Management) Bill and the Disaster Risk Management (Amendment) Bill.

Osman said the new law will clarify roles and responsibilities of agencies directly involved in managing refugees and asylum seekers.

“The Special Law Commission found that the Refugees Act of 1989 is outdated. It was enacted in response to a specific situation, the outbreak of the Mozambican civil war, which brought almost one million refugees to Malawi. Its provisions were designed mainly for the administrative management of refugees at that time,” reads the statement.

“It also predates the adoption of Malawi’s democratic Constitution in 1994. The Act is, therefore, too narrow in scope and its gaps have contributed to many of the institutional and infrastructural challenges now evident in the management of refugees and asylum seekers. The commission fully agrees with these observations.”

MHRC said the legal and policy environment has changed significantly since 1989, noting that the 1994 Constitution introduced a rights-based framework emphasising protection of human rights, including non-discrimination.

Signed statement: Osman. I Nation

Presenting the draft at a media briefing in Lilongwe on October 9, chairperson of the Special Law Commission on the Refugees Act, High Court Judge Redson Kapindu, said the proposed changes will protect refugees and address longstanding challenges, including welfare concerns at a time funding is constrained.

MHRC said those concerns prompted it to call for the repeal and replacement of the current law with fit-for-purpose legislation.

“In our advisory note to the Minister of Homeland Security in October 2022, we observed that the review of the law had been underway for more than eight years with no progress and no clear focus. It is, therefore, very encouraging that the Law Commission has now concluded its work and made comprehensive recommendations for consideration by Cabinet, Parliament, and all Malawians,” the statement reads.

“These recommendations move us toward a law that complies with the Constitution and international human rights instruments and that responds to the real present needs of refugees and asylum seekers.”

The Commission has appealed to the Ministry of Homeland Security to expedite submission of the report to Cabinet, and urged Cabinet to give it due attention to ensure early enactment. It has pledged to support the process.

Among the proposed reforms are provisions on admission of asylum seekers, refugee status determination, welfare of refugees and asylum seekers, definitions of refugees and asylum seekers, and treatment of vulnerable groups, particularly women, children and persons with disabilities.

Refugee rights advocate and Inua Advocacy Chief Executive Officer Innocent Magambi has described the review as long overdue, calling the current legislation archaic.

“Creating pathways towards integration, and ultimately citizenship, should be the long-term goal,” he said.

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