The Government of Malawi, through the Ministry of Homeland Security, has disclosed that it has started reviewing the Refugee Act of 1989, which some stakeholders say has serious gaps in protection of, and assistance to, asylum seekers and refugees in Malawi.

Senior Legal Advisor in the Ministry of Homeland Security, Ivy Chihana, said the review will address the concerns stakeholders have been raising in relation to the effectiveness of the law to protect the rights of refugees and asylum seekers.

The Refugee Act of 1989 provides for the receiving, admission and treatment of refugees and the application of international instruments.

But human rights groups such as the Catholic Commission for Justice and Peace (CCJP) have been raising concerns that the law is archaic and is no longer serving its purpose.

CCJP National Coordinator Boniface Chibwana argues that the Act is a threat to human rights for refugees and asylum seekers, citing the recent scenario where State agencies used the law ‘to perpetrate violence against refugees and asylum seekers’.

Chihana right paying attention to questions from the full council meeting as Commissioner for Refugees General Ignacio Maulana smiles — Chihana (right) paying attention to questions from the full council meeting as Commissioner for Refugees General Ignacio Maulana smiles

“It is imperative that Malawi should formulate statutes that are consistent with international laws on human rights. We need to come up with progressive laws, not retrogressive pieces of legislation,” emphasized Chibwana at one of the press briefings civil society organizations held in reaction to the refugee relocation exercise by the government.

But speaking at Dowa District Council Extraordinary Meeting on Friday, Chihana assured the concerned stakeholders that the ministry is taking steps to address the concerns.

“The review process is currently underway and all the relevant stakeholders are being engaged,” she said.

Recently, CCJP sourced 40,000 Canadian dollars (approximately MK31 million) for the implementation of Umodzi (Peace Building and Advocacy) Project whose major objective is to provide a platform for dialogue to enhance social-cohesion and peace building.

The project aims to increase public and stakeholder awareness about the human rights issues and challenges faced by refugees and asylum seekers.