The Malawi Law Commission has proposed replacing the Refugees Act of 1989 with new legislation addressing refugee protection, employment, business activities, education and other rights of refugees and asylum seekers.
The recommendations were presented on Friday, 9 October 2026, at Lifestyle Boutique Hotel in Lilongwe, where the Special Law Commission outlined findings from its review of the 37-year-old legislation.
According to Yetu Community Radio, the Commission has recommended introducing the Refugee Protection and Management Act, which would provide a revised legal framework for the protection and management of refugees and asylum seekers in Malawi.
Chairperson of the Commission, High Court Judge Justice Professor Redson E. Kapindu, said the proposed changes recognise the need to reduce refugees' dependence on humanitarian assistance, particularly as funding continues to decline.
“Reliance on relief assistance alone is becoming increasingly unsustainable,” Kapindu said.
Employment and business opportunities
Among the Commission's recommendations is a proposal to allow refugees to engage in gainful employment and trade.
The Commission has also recommended that refugees be permitted to operate small and medium-scale businesses within designated areas without a prescribed capital ceiling.
Large-scale businesses would remain subject to the requirements applicable to other foreign nationals in Malawi.
The proposals are particularly relevant to refugees living at Dzaleka Refugee Camp, where restrictions on employment, movement and business activities have affected residents' ability to earn a living.
The Commission's recommendations seek to provide opportunities for refugees to support themselves through economic activities rather than rely entirely on humanitarian assistance.
Access to education
The proposed legislation also addresses education rights.
Under the recommendations presented by Kapindu, refugees would be entitled to equal treatment with Malawian nationals in basic, secondary and higher education.
Asylum seekers would receive equal treatment with nationals in basic and secondary education.
These provisions form part of the Commission's wider review of how Malawi's refugee legislation recognises and protects the rights of refugees and asylum seekers.
Refugee protection, movement and citizenship
The review extends beyond employment and education.
During the Commission's national validation process, stakeholders examined refugee rights and obligations, refugee status determination, protection and management, and the circumstances under which refugee status may end, including through naturalisation.
The Commission's February 2026 account of the validation process confirms that these matters formed part of the review.
The proposed legislation also addresses issues relating to movement, residence, business activities and citizenship, according to information shared by journalist Aubrey Kausiwa following the publication of initial reports.
The precise provisions and conditions attached to these rights require examination of the full proposed legislation.
Malawi's existing refugee framework has been criticised for its restrictions on where refugees may live, work and conduct business.
During a validation workshop in December 2025, Kapindu said the 1989 Act placed greater emphasis on controlling refugees than protecting their rights.
He also raised concerns about provisions limiting appeals against decisions made under the existing law, saying that administrative decisions should be subject to legal challenge in accordance with Malawi's Constitution.
Independent refugee services department proposed
The Commission has recommended establishing a Department of Refugee Services as an independent body.
The proposed department would form part of the new institutional arrangements for administering refugee affairs.
The review has also examined procedures for determining refugee status, the responsibilities of government institutions and the legal obligations of refugees and asylum seekers.
Refugee organisations participated in the review
Refugee rights organisations have contributed to the consultation process, including INUA Advocacy, which submitted recommendations to the Law Commission.
The organisation has advocated for changes to the encampment system, recognition of refugees' rights to employment and movement, access to public services and opportunities for integration.
In September 2026, INUA Advocacy Chief Executive Officer Innocent Magambi told Yetu Community Radio that the organisation wanted the new legislation to improve refugees' ability to work, establish businesses and support their families.
The organisation has also called for legal pathways towards integration and citizenship for eligible refugees.
What happens next?
The Commission's recommendations are part of the legislative reform process and have not yet replaced the Refugees Act of 1989.
The proposed legislation must proceed through the relevant government and parliamentary processes before becoming law.
The review comes at a time when humanitarian organisations are facing difficulties maintaining assistance to refugees in Malawi.
In June 2026, the World Food Programme informed Malawi's Parliament that declining donor funding threatened its ability to continue providing food assistance to more than 63,000 refugees beyond September.
During those discussions, the need for legislation supporting alternative livelihoods and reducing dependence on humanitarian aid was also raised.
The publication of the Commission's recommendations provides an opportunity for refugees, legal practitioners, civil society organisations and the wider public to examine the proposed changes before the legislation proceeds further.
For residents of Dzaleka, the proposed law covers matters that have affected their lives for decades, including employment, education, movement, business activities and legal protection.
The rights eventually available to refugees will depend on the provisions enacted by Parliament and how they are implemented.
