Malawi Fast Degenerating Into Safe Haven For Criminals -Mwakasungula

Undule Mwakasungula – Malawi Human Rights Advocate

Failure to control the influx of people masquerading as political and economic refugees or asylum seekers will at some point create chaos if the situation still goes unchecked, veteran governance and human rights advocate, Undule Mwakasungula has warned.

The observation comes in the wake of an increase in number of Malawians seem to be benefitting from the business of aiding and abetting illegal immigrants into the country despite punitive laws deliberately formulated to curb the malpractice.

Speaking to this publication over the weekend, Mwakasungula wondered as to why those claiming to be refugees or asylum seekers can be travelling all the way from ether Rwanda or Burundi leaving out two or three in between coming to Malawi.

“There is no longer war in Burundi or Rwanda but the number of people flocking from the two countries into Malawi is still rapidly swelling,” querried Mwakasungula.

The veteran human rights advocate further stated that it will not be amusing to say that some Malawians are hugely benefitting from the refugees considering how they are easily obtaining passports, national Identity cards (ID), business licences and their acquisition of land.

Mwakasungula further warned that it will not be amazing if some of the asylum seekers in the near future will start planning to contest in both: Malawi’s plocal government, Parliamentary or even the presidential elections.

But in a sharp contrast to what Mwakasungula is saying the Executive Director for the Youth and Society (YAS), Charles Kajoloweka has asked government to suspend the relocation exercise of refugees and asylum seekers, saying they are not to blame for the country’s poor economy.

Speaking in Mzuzu, Kajoloweka said the relocation of refugees is not in line with human rights obligations the country has hence asking government to consider reforming the refugees law as well as reviewing the country’s reservations to the 1951 UN Convention which limits some of the rights of refugees, for instance, freedom of movement as they are supposed to be in camp.

“As I said before, government should stop blaming the refugees for the country’s poor economy, corruption, mismanagement of public resources and poor leadership which are some the factors behind tha, therefore we are asking authorities to suspend the relocation exercise of refugees and asylum seekers, the move is not in line with human rights obligations the country has,” Said Kajoloweka.

Meanwhile, the High Court Judge Howard Pemba has on Friday dismissed an application for a judicial review filed by businessmen who claimed to be Malawi nationals and wanted to stop the Ministry of Homeland Security from relocating them to Dzaleka Refugee Camp in Dowa District.

The applicants were also against the government’s decision to remove a shipping container from Mgona area in Lilongwe to National Police Headquarters but the Court has discharged the interlocutory injunction which they obtained on May 25 2023.

“I hereby order that permission to apply for judicial review and the interlocutory injunction, dated May 25 2023, that were granted in favour of the claimants be and are hereby ddischarged,” reads part of the Court ruling while also faulting the claimants for suing wrong parties.

This judgement has come at a time when government is in the process of enforcing its notice to relocate all refugees and asylum seekers in Malawi to Dzaleka.

The problem of refugees coming into the country was not properly handled when Joyce Banda was president, more foreigners obtained Malawian passports a development which led to the then Home Affairs minister, Uladi Mussah and some immigration officials jailed when the reigns of power changed.

Meanwhile, Homeland Security Minister Ken Zikhale Ng’oma said he is already elated with the development stating that government will now proceed with its plans.

“We are glad that the court has agreed with us. The operation is on the move and still ongoing until we get to the bottom of the challenge of illegal immigrants,” Zikhale Ng’oma said.

Last week, Secretary for Homeland Security (Legal) Steve Kayuni told the court that law enforcement agencies had impounded 134 shipping containers, most of which belong to the refugees and asylum seekers adding that but few of the containers belongs to Malawians.