An assessment of legal frameworks for access to asylum for refugees and for the protection of Unaccompanied and Separated Children in Malawi

Although legal frameworks exist, there is dearth of research on their implementation on the ground and the gaps to the legislation. The absence of information on the legislation and its implementation leaves gaps in determining the practical implementation of the laws by government departments and other actors working with the refugees and children on the move. Furthermore, there is a need to understand the perspective of the different stakeholders (Government, Civil Society Organisations (CSOs) and Faith Based Organisations (FBOs) of the legal frameworks for access to asylum for refugees and for the protection of children on the move especially unaccompanied and separated children to improve service provision and protect their rights. Furthermore, ensuring that the legal frameworks on the protection of children on the move has the potential to prevent statelessness.

The present research study complements a larger research project that is currently being conducted in Uganda and South Africa to understand the legal frameworks and the implementation of the processes to asylum for refugees and for the protection of children on the move. The Scalabrini Institute for Human Mobility in Africa (SIHMA) has a strong presence across Africa and therefore, the research work will be a starting point towards identifying and analysing the legal frameworks and their implementation. The research work will contribute to a larger project which seeks firstly, to promote the right of refugees to easily accessible and protective asylum. Second, it aims to improve legal frameworks relating to the protection of children on the move. The larger goal is to build regional collaboration and eventually congruent legal frameworks and processes in the Eastern and Southern Africa region. The research will inform advocacy actions within Malawi for improved and more protective legal frameworks and effective implementation of these laws on the ground.

Main Objective

The main objective of the research is to identify the legal frameworks around access to asylum for refugees and the protection of children on the move and the implementation associated with these frameworks in Malawi.

Methodology

The study will use a qualitative research approach as it seeks to identify the legal frameworks for access to asylum for refugees and for the protection of unaccompanied and separated refugee children and understand their implementation. The study will use a qualitative research approach as it seeks to develop an understanding of the experience (Fossey, Harvey, McDermott, & Davidson, 2002) of both stakeholders and refugees (through refugee-led organisations) of the application of the legal frameworks.

The study will be conducted in two phases which are: (i) Desk review to outline and discuss the legal frameworks; (2) Key Informant Interviews (KII) to understand the experience of stakeholders of the application of the legal frameworks outlined in the desk review. A desk review of the legal frameworks that exist is a necessary starting point as the research aim is to make recommendations to adapt or add to legislation to improve the rights of refugees, especially unaccompanied and separated children. The starting point for policy recommendations to adapt or add to legislation needs to be based on how the legal framework affects refugees themselves, and those who provide support for their accessing of their rights. Therefore, the study will interview stakeholders who work directly with refugees including refugee-led organisations and stakeholders who work with children on the move. This process will be undertaken in Malawi to understand the legal frameworks and their application thereof on the ground.  

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