SIHMA

Researching Human Migration across Africa

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19 May

Research Findings Verification Workshop: Legal Frameworks for Refugees/Asylum Seekers and Children on the Move in Malawi

Malawi continues to play an essential role as a transit destination for international migrants mainly from other African countries including asylum seekers and refugees in need of protection. Children on the move including children of refugee and asylum seekers, separated and unaccompanied children also contribute to the share of people on the move in the country. The protection of asylum seekers, refugees and children especially unaccompanied and separated minors on the move remains a fundamental right which should be realised through comprehensive and progressive protection legislation and the effective implementation.

 

Legal frameworks for access to asylum for refugees and for the protection of children on the move both exist in Malawi. However, the existence of legal frameworks does not inherently mean comprehensiveness and effective implementation. Therefore, in order to contribute towards efforts of enhancing the protection of asylum seekers, refugees and children on the move especially unaccompanied and separated minors in Malawi, SIHMA undertook a study in 2025. The research aimed to understand the gaps and the practical implementation of the legal frameworks by government departments, NGOs and other actors working with the asylum processes and the protection of children on the move through the perspective of the different stakeholders. Following this, SIHMA hosted a workshop to share the findings with the stakeholder participants, receive additional input and strategize/plan ways to translate the research findings and recommendations as a tool for advocacy. The Research Verification Workshop, was held over two days from 21 to 22 April 2026 in Mzuzu, bringing together key informants of the research and other key stakeholders to review and validate preliminary findings, strengthen the accuracy and contextual relevance of the analysis, and refine recommendations aimed at improving protection systems for asylum seekers, refugees, and children on the move in Malawi.

 

The workshop provided a platform for stakeholders to validate the research findings and contribute recommendations for strengthening legal and institutional responses. Participants at the workshop discussed key findings showing that although Malawi has laws and policies intended to protect refugees and children on the move, the laws needs to be improved and or amended to align with the context changes and the implementation needs to be monitored. Complicated access to asylum protection, delays in status determination procedures, inadequate child-sensitive protection systems, non-prioritisation of the best interest of the child and insufficient coordination among stakeholders continue to expose people seeking asylum and children on the move to heightened risks including exploitation, trafficking, and lack of access to other rights including education and healthcare.

 

Discussions during the workshop emphasized the importance of aligning national laws with international and regional human rights instruments, including the principles of non-refoulement, non-penalisation and the best interests of the child. Participants also highlighted the need for stronger cooperation, accountability of the authorities, clear protection processes and improved referral mechanisms and safe houses for unaccompanied and separated children. The verification workshop further underscored the role of evidence-based advocacy in influencing policy reform. Recommendations from the meeting included improving awareness of refugee and child protection laws, building the capacity of frontline officers, strengthening legal aid services, upholding the dignity and rights of refugees, channelling resources towards protection and enhancing collaboration between government departments and humanitarian organisations.

 

As Malawi continues to be a country hosting  asylum seekers, refugees and children on the move including unaccompanied and separated minors from across the region, stakeholders agreed that protection processes should be strengthened. This not only contributes to the national protection frameworks, but towards regional and continental efforts towards enhancing the rights and dignity of people seeking asylum and children on the move. The validated research findings are expected to contribute to ongoing advocacy efforts and dialogues aimed at improving the protection frameworks and processes ensuring that asylum seekers and children on the move fully integrate into the society and have full rights as enshrined in the human rights, refugee and child protection frameworks.  

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