Forced Relocation of Refugees, Including Children, in Malawi Raises Concerns

Malawi‘s Refugee Crisis: Forced Relocation and Violations of Human Rights

In an egregious violation of basic human rights, the Malawian authorities have forcibly relocated 902 refugees and asylum seekers across the country without regard for their basic rights, according to Human Rights Watch. The roundups of refugees and asylum seekers follow a March 27 government directive to enforce its so-called encampment policy. The government ordered all refugees and asylum seekers living in urban and rural areas to voluntarily return to the Dzaleka refugee camp by April 15 or face enforced relocation. Reports that children have been among those caught up in the sweeps and forcibly taken to Maula Central Prison, a maximum-security prison in Lilongwe, are of grave concern. The Malawi government must take responsibility for rectifying this situation and respect the rights of all individuals, regardless of their status as refugees or asylum seekers.

A Misguided and Disproportionate Response to Economic and Security Concerns

According to Idriss Ali Nassah, senior Africa researcher at Human Rights Watch, Malawi‘s forcible relocation of refugees and asylum seekers to Dzaleka camp is a “misguided and disproportionate response to alleged economic and security concerns, fueled by government scapegoating.” The government’s actions are not only abusive during arrests and detaining children, but summarily removing them from their homes amounts to unlawful forced evictions. Many of the children had never been in the refugee camp, and overcrowded classes and poor conditions in the camp may cause them long-term harm.

The Malawi Human Rights Commission’s Response

The Malawi Human Rights Commission told Human Rights Watch that it had interviewed about 20 refugees and asylum seekers at Maula prison and Dzaleka refugee camp who alleged that they were assaulted during the raids and that their money was taken from them. In general, Malawi does not allow refugees to seek employment or educational opportunities outside the camp, and most refugees are dependent on humanitarian aid.

International Law and Refugee Rights

Under international human rights standards, children should not be detained for immigration reasons, and they should never be held in adult prisons. In addition, the International Covenant on Economic, Social, and Cultural Rights and the African Charter on Human and Peoples’ Rights, both of which Malawi ratified, prohibit forced evictions, defined as the permanent or temporary removal of individuals, families, or communities against their will from their homes or land, without access to appropriate forms of legal or other protection. Prior to carrying out lawful evictions, governments should explore all feasible alternatives in consultation with affected people, while “avoiding, or at least minimizing, the need to use force.”

Malawi is party to both the 1951 UN Refugee Convention and the 1969 African (OAU) refugee conventions. Still, it entered reservations when it ratified the 1951 Convention, stating that it considered certain provisions “as recommendations only and not legally binding,” including refugees’ rights to freedom of movement, employment, property, and public education. Malawi‘s Refugee Act of 1989 provides for procedures to determine refugee status but does not address the rights of refugees. To end its encampment policy, Malawi should lift its reservations to the 1951 Refugee Convention, which are incompatible with international human rights and refugee law standards, and modify its national refugee law accordingly.

A Not-So-Short-Term Camp vs. The “Global Compact on Refugees“

Malawi‘s Supreme Court had issued an injunction against the government’s order to refugees and asylum seekers living outside Dzaleka to return to the camp, but the High Court of Blantyre vacated the injunction in August 2022. Critics claim that in ordering refugees and asylum seekers to return to already overcrowded camps, Malawi is setting itself up for long-term issues. The UN Refugee Agency has been warning Malawi that the overcrowded camp is unable to meet the food, health, water, shelter, and sanitation needs of its existing population.

In 2018, Malawi endorsed the Global Compact on Refugees at the UN General Assembly. These instruments demonstrated a commitment to a common approach to improve the worldwide response to the needs of refugees. The inclusion and integration of refugees into host communities is a crucial concept at the heart of the global compact and the framework, which recognize that refugees can become self-reliant if permitted to access education and labor markets, thereby contributing to the development of host communities and local economies. Still, Malawian officials have made statements taking the opposite position in supporting the use of camps.

Editorial and Way Forward

Malawi‘s forcible relocation of refugees and asylum seekers to Dzaleka camp is a misguided and dangerous policy that has led to the violation of fundamental human rights. Children, women, and men have been rounded up, beaten, and detained without regard for their human rights. The Malawi government must halt all forced relocations immediately and respect the rights of both refugees and asylum seekers. The government should take a cue from the global compact and create policies that enable refugees to be self-reliant and contributing members of the communities that host them.

The international community must put pressure on Malawi to respect the rights of its refugees and asylum seekers. International organizations must do more to put pressure on governments like Malawi‘s to adhere to international human rights laws. Millions of refugees and asylum seekers worldwide have suffered gross violations of their human rights, and it is time for not just Malawi, but the entire world to create humane policies that prioritize the well-being of these marginalized communities.

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