The Malawi Law Commission says it has completed reviewing
the Refugees Act of 1989, recommending a new law to strengthen the protection
and management of refugees in the country amid changing policy needs.
Chairperson of the Special Law Commission responsible for
the review, Justice Professor Redson E. Kapindu, said the proposed legislation
would provide a comprehensive legal framework covering the entire refugee
protection cycle, from entry, reception, registration and status determination
to residence and integration.
Kapindu made the remarks last Friday in Lilongwe when the
special committee presented its recommendations report on the draft bill,
following a review process that lasted about three years.
“We want the new Act to encompass all cycles that concern
the welfare of refugees and asylum seekers in the country,” Kapindu said.
He said the proposed law would go beyond regulating the
administration of refugee camps to include the establishment of a dedicated
department responsible for refugee services, including reviewing and
determining refugee status.
The proposals also address refugees' right to gainful
employment and the nationality of children born to refugees and asylum seekers.
“The review has even included propositions for a special
comprehensive department that will oversee refugees' affairs, such as their
human rights, children's nationality and economic empowerment,” Kapindu
explained.
Enacted more than 30 years ago, the current law has faced
calls from various stakeholders for reform to reflect changing circumstances
and address emerging challenges in refugee protection and management.
INUA Advocacy, a local organisation promoting refugee
rights and dignity, has welcomed the proposed changes, describing them as an
opportunity to improve refugees' economic empowerment.
Speaking to Umunthu FM, the organisation's Public
Relations Officer, Brenda Twea, said the proposed law comes at a time when
several organisations have reduced or withdrawn assistance to refugees.
Twea urged authorities to submit the recommendations
report and draft bill to the Minister of Justice promptly for tabling in
Parliament.
“You have to understand that some provisions in the 1989
Act have for years undermined refugee welfare. We will be glad if the whole
process comes to completion as soon as possible,” she said.
Among other proposals, people seeking refugee status
would be required to apply for recognition as refugees, as well as seek
permission to engage in economic activities and reside outside designated
refugee settlements.
The review also seeks to modernise the legal framework,
address severe congestion and pressure on resources at Dzaleka Refugee Camp in
Dowa District, and align national laws with human rights commitments and
contemporary displacement challenges.
More than 60,000 refugees and asylum seekers are currently
accommodated at Dzaleka, which was originally designed to host between 10,000
and 12,000 people, resulting in significant overcrowding.
