An Open Letter on the Immediate Refugee Crisis in Malawi

To:
United States President R. Biden
United Kingdom Prime Minister Rishi Sunak
European Union President Ursula von der Leyen
African Union Chairperson Azali Assoumani
United Nations Secretary-General Antonio Guterres
UN High Commissioner for Refugees Filippo Grandi
US Ambassador to the United Nations Linda Thomas Greenfield

The Hotel Rwanda Rusesabagina Foundation (HRRF) joins many Malawian and African refugee and human rights groups in deploring the ongoing actions of the government of Malawi against over 50,000 refugees and asylum seekers since March, 2023. Most of whom are from the Democratic Republic of the Congo, Rwanda and Burundi. According to recent reports, Rwandan and Burundian refugees have been singled out for even worse treatment than others, including reports of collaboration between Rwanda and Malawi in mistreatment of Rwandan refugees.

We call upon the United States, United Kingdom, the European Union, the African Union and the United Nations to intercede on behalf of these refugees and put pressure on the government of Malawi to stop human rights violations and work within international norms for the treatment of refugees.

In a June report from Human Rights Watch (HRW), among other sources, Malawi is accused of engaging in alarming incidents of lawlessness and gross violations, often conducted and instigated by members of the Malawi Congress Party (MCP) and the Malawi Police Service (MPS). The MPS has resorted to excessive force during arrests of immigrants and refugees. Vulnerable individuals from Rwanda and Burundi have suffered significantly. Police are reported to exploit refugees by demanding bribes and confiscating property. In addition, the MCP has allegedly instigated terror and committed serious crimes under the guise of “safeguarding national security,” in addition to spreading xenophobia against refugees.

The immediate crisis began in March when the government created an “encampment” policy toward refugees. Prior to that edict, an estimated 8,000 refugees had lived in rural and urban Malawi for some time, allowed to work and create local businesses as a source of income. Country conditions are deplorable for refugees, and without this additional income many would starve. Refugees were told to turn themselves in and move to the Dzaleka refugee camp, 40 kilometers from the nearest town, by April. Most did not comply with an order they saw as illegal treatment, since they had received permits to work.

According to HRW, the refugees told the media that an agreement with the government had allowed them to start and run small businesses in rural and urban communities “so that they do not rely on handouts” in refugee camps. Malawi is party to both the 1951 UN Refugee Convention and the 1969 African (OAU) refugee conventions. Article 26 of the 1951 Convention recognizes the right of freedom of movement and choice of residence for refugees lawfully within a country, while article 31(2) prohibits restrictions on the freedom of movement of asylum seekers unless such restrictions are deemed “necessary.”

In May, nearly 1,000 refugees and asylum seekers were arrested by the MPS, along with the closure of their businesses and confiscation of their property. Those arrested were temporarily detained in terrible prison conditions, and then sent empty-handed to the Dzaleka camp. Their belongings, including a number of storage containers used to hold the goods they were selling, were kept by the government.

The UN Refugee Agency (UNHCR) reported that as of May, there were over 50,000 refugees in this camp, which is intended to accommodate up to 12,000 people. UNHCR has said that the overcrowded camp is unable to meet the food, health, water, shelter, and sanitation needs of its existing population.

Throughout the relocation process, refugees have lodged complaints about systematic violations of human rights. Relocation from their homes to Dzaleka was accompanied by cruel, inhumane, and degrading treatment amounting to torture. Refugees endured overcrowded conditions, physical abuse, lack of access to legal representation and family, detention without trial, and limited access to basic amenities such as food and menstrual pads. Families were torn apart, and previously self reliant asylum seekers were forced into overcrowded camps, losing their means of sustenance.

Most recently, the Malawi police announced that on Monday, August 28, 2023, they plan to open and search the previously “sealed” containers where the refugees' business goods are stored. The government has increasingly attempted to demonize the refugees, including allegations that they are planning to engage in violence against the government. These are people who are just barely surviving, with no access to basic sustenance in many cases. The idea that they might rise up against anyone, or even have access to weapons, is counter-intuitive.

Government suggestions that they might find weapons in the containers raise concerns among the refugees that either reports may be falsified or weapons may be planted in an attempt to criminalize their behavior.

Finally, Rwandan refugees have regularly reported links between the Malawian and Rwandan police forces, who are believed to be working together against the interests of Rwandans in the country. The Rwandan government has accused refugees, who are in Malawi after fleeing inhumane conditions in Rwanda, of being dissidents against Rwanda and its President Paul Kagame. Rwandan police, distinctive because they speak Kinyarwanda, have been involved in singling out and harrassing many of the Rwandan refugees. Reports have come out of Malawi of Rwandan police torturing refugees, arresting them and taking them to Rwanda without legal extradition, and in some cases simply kidnapping them to bring to Rwanda. There are a number of reported cases of prisoners in Rwanda jails who were renditioned from Malawi and put in prison without a trial.

Refugee groups argue that if Rwanda believes that some of the refugees have committed crimes, they should go through a legal extradition process with Malawi and then put the accused on trial in Rwanda, but this route has not been taken.

The HRRF once again calls upon everyone in the international community to join together and stop the ongoing human rights violations in Malawi. These have created deplorable conditions for over 50,000 refugees and are likely to continue unless strong pressure is put on the government of Malawi to protect the refugees and change their behavior.

#DROITS DE L'HOMME, #RWANDA, #MALAWI, #LETTRE OUVERTE