Malawi Government accused of lying that refugee relocation exercise followed rule of law

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Refugees in Malawi

INUA Advocacy, a dedicated advocate for the rights of refugees and asylum seekers, has condemned the gross misrepresentation of facts by a Malawi Government delegation which has told the African Commission on Human and Peoples’ Rights that the refugees and asylum seekers’ relocation exercise in Malawi followed the rule of law.

The Malawi delegation led by Principal State Advocate Duncan Zikagwa, is attending the 77th Ordinary Session of the African Commission on Human and Peoples’ Rights which is underway in Arusha, the United Republic of Tanzania.

Presenting on behalf of the Malawi Government on the status of human rights, Zikagwa among others told the Commission’s Chairperson, Commissioners, and distinguished delegates of the session that the government of Malawi remains committed towards the protection of Refugees and Asylum Seekers at their designated places.

The delegation through Zikagwa further said the recent relocation exercise of refugees and asylum seekers back to Dzaleka Refugee Camp in Dowa district, was done in full respect of the law.

“The Government has always made appropriate provisions for a safe stay of all refugees and asylum seekers and this guiding principle has been religiously observed in the recent relocation exercise. The process duly followed the rule of law,” the Malawi delegation told the Commission.

However, INUA Advocacy is of the view that the statement by the Malawi Government through Zikagwa the Principal State Advocate, presented a picture of the refugee situation in Malawi that does not align with the ground realities.

In a press statement dated 26 October, 2023, INUA Advocacy said it is very surprising and disappointing that government through the delegation has chosen to whitewash the refugees and asylum seekers situation in the country and argued that the relocation exercise was marred by systematic violations of refugees and asylum seekers’ rights.

“INUA Advocacy expresses deep concern and disappointment regarding the Malawi Delegation’s words, which whitewash the dire situation faced by refugees and asylum seekers in the country.

“Contrary to the claims made by the Malawi Delegation, the refugee relocation exercise has been marred by systematic violations, including the rape of women, loss of property, unlawful detention of children and women, forced and unlawful deportations, extortions, xenophobic narratives by authorities, corruption, and robberies targeting refugees and asylum seekers,” reads part of the statement.

INUA Advocacy through the statement further argued that the Malawi Delegation failed to address the overcrowding of the Dzaleka Refugee Camp, which currently accommodates 52,272 refugees, far beyond its initial capacity of 12,000 when established in 1994.

The advocacy organisation further said the refugee situation in Malawi demands urgent attention and the misrepresentation of facts by the Malawi Delegation undermines the efforts of organizations and advocates working tirelessly to protect the rights and dignity of refugees. The organisation has since asked the African Commission on Human and Peoples’ Rights to do an independent investigation on the human rights status in Malawi.

“INUA Advocacy calls on the African Commission on Human and Peoples’ Rights and on all people of goodwill to recognize the severity of the situation, to conduct an independent investigation, and to hold those responsible for human rights violations against refugees and asylum seekers in Malawi accountable,” demanded INUA Advocacy.

INUA Advocacy further stated that the delegation of the Republic of Malawi must be held to the highest standards of transparency and accountability as misrepresentation of facts not only hinders progress but also perpetuates injustice.

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