An assessment of legal frameworks for access to asylum for refugees and for the protection of Children on the Move IN Malawi
Published by: Published by: SIHMA
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 their effective implementation. Therefore, to contribute towards efforts of enhancing the protection of asylum seekers, refugees and children on the move especially unaccompanied and separated minors in Malawi, legal frameworks and the implementation thereof should be examined. This research aimed to understand the practical implementation of the legal frameworks by government departments and other actors working with the asylum processes and the protection of children on the move through the perspective of the different stakeholders (Government, Civil Society Organisations (CSOs) and Faith Based Organisations (FBOs) that work in support of the processes.
Data was collected between July and October 2025 using online Key Informant Interviews (KIIs) with 13 stakeholders working with the general asylum processes and 11 stakeholders working directly in the protection of children on the move. These stakeholders were purposefully selected for inclusion to provide expert knowledge on these issues to inform improvement of the legal frameworks and processes for asylum and the protection. Preliminary findings were subsequently validated during a multi-stakeholder research findings verification workshop held in Mzuzu in April 2026, which provided an opportunity for stakeholders to verify the findings, identify gaps and omissions, and strengthen the recommendations emerging from the study.
The study found that while Malawi has established legal frameworks for refugee protection and child protection, significant gaps remain in implementation. Stakeholders highlighted challenges relating to legal and policy limitations, bureaucratic procedures, weak institutional coordination, inadequate documentation systems, capacity constraints, and operational barriers that affect access to asylum procedures and protection services. These challenges are particularly acute for unaccompanied and separated children, who often face difficulties in obtaining documentation, accessing durable solutions, and navigating complex refugee status determination processes.
An assessment of legal frameworks for access to asylum for refugees and for the protection of Children on the Move IN Malawi
Categories:
Tags:
- SIHMA
- Scalabrini Institute For Human Mobility In Africa
- Faith Based Organisations
- Civil Society Organisations
- Social Welfare
- Deportation
- Detention
- Human Trafficking
- Birth Registration
- Statelessness
- Non-refoulement
- Human Rights
- Immigration
- Dzaleka Refugee Camp
- Separated Minors
- Unaccompanied Minors
- Child Protection
- Refugee Status Determination
- Human Mobility
- Legal Frameworks
- Children On The Move
- Refugees
- Asylum
- Malawi