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For 37 years, Malawi’s refugee law has shaped where refugees can live, how they can move, and what opportunities they can pursue.
In three days, on 9 October, the Special Law Commission is scheduled to release the Draft Refugee Bill, which could significantly change the legal framework governing the lives of refugees in Malawi.
Once approved, the Bill will replace the Refugees Act of 1989, which has prioritised encampment and control, confining refugees to Dzaleka and restricting their ability to work, run businesses, move freely and build independent lives.
This is a significant milestone for us. Reforming the refugee law was the reason Inua was established five years ago. Since then, we have advocated for a framework that recognises refugees as people with rights, abilities and aspirations, including the right to work, freedom of movement, access to economic opportunities, property ownership and pathways to local integration and, where appropriate, citizenship.
After five years of calling for change, we are now waiting to see what has made it into the new Bill.
Will it protect the rights we have been advocating for? What restrictions will remain? And will long-term refugees finally have a pathway to belonging?
We can’t wait to find out.
We understand from sources familiar with the process that close to 1,800 cases have now been reviewed for Refugee Status Determination by the recently convened task force and are ready for consideration by the Refugee Committee. Once decisions are made and letters prepared, the individuals concerned will be informed of the outcome.
This is significant because the four-year pause in reviewing applications has contributed to a backlog of more than 21,000 cases. For those waiting, prolonged uncertainty can make it harder to plan their lives, pursue opportunities and make decisions about their future.
This is a step in the right direction, and we hope it marks the beginning of sustained progress, with more cases reviewed and more asylum seekers finally getting answers about where they stand.