The Malawi Law Commission has proposed reforms to the country’s refugee management system, including establishing new institutions to speed up refugee status determination, clear the backlog of cases and strengthen legal protection for asylum seekers.
Commission Chairperson Justice Redson Kapindu made the remarks in Lilongwe during the dissemination of the Commission’s findings on the review of the Refugees Act.
Kapindu said the review found that the existing Refugees Committee had struggled to meet regularly, contributing to delays in determining refugee status.
“We then decided that we should establish what we call an Eligibility Committee,” he said.
The proposed committee would comprise representatives of key government ministries, departments and agencies involved in refugee management. The Commission has also recommended establishing an Appeals Board to review decisions made by the Eligibility Committee.
The two bodies would handle matters relating to the granting, revocation, cancellation and cessation of refugee status.
Kapindu said applicants dissatisfied with decisions of the Appeals Board should have the right to seek redress through the courts, in line with the Constitution.
“The law that we are reviewing now and probably we can understand the era from which it came was saying that the decision of the Minister would be final and there would be no recourse to court, and we are saying that is not appropriate,” he said.
The Commission has also proposed establishing a Department for Refugee Services under the Ministry of Homeland Security, headed by a Commissioner for Refugees, to strengthen the day-to-day administration of refugee affairs.
On residence and freedom of movement, the proposed legislation provides for asylum seekers to be accommodated in designated camps to facilitate health and security screening.
However, recognised refugees with valid reasons would be able to apply to the Eligibility Committee for permission to live outside the camps.
The review also recommends specific provisions for stateless persons, who have no nationality, noting that the existing law does not adequately address their circumstances.
Meanwhile, the Commission has proposed amending the Disaster Risk Management Act to provide a legal framework for foreign nationals displaced by disasters who cross into Malawi.
Under the proposed arrangements, the Government could provide temporary protection, including permits and appropriate health and security screening.
In education, the Commission proposes that refugees should receive the same treatment as Malawian nationals in basic and secondary education.
It has further recommended State support for tertiary education, arguing that access to education is fundamental to human dignity.
The Commission has retained the existing definition of a refugee, which incorporates grounds recognised under the 1951 United Nations Refugee Convention and the broader 1969 Organisation of African Unity Convention.
The review also considered changes in Malawi’s legal framework since the adoption of the 1994 Constitution, including legislation on child protection, gender equality, disability, human trafficking and national registration.
The Commission’s findings and draft legislation are expected to be submitted to the Minister of Justice before being presented to Cabinet. If adopted as government bills, the proposed laws will proceed to Parliament for consideration.
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