ANB-BIA SUPPLEMENT

Refugees from neighbouring countries in conflict are illegally taking over 
Malawi’s businesses and engaging in corrupt as well as illicit business deals.
The poorly equipped authorities are having difficulties in containing these illegal immigrants

 In recent years, Malawi is having to grapple with an influx of refugees and illegal foreigners who are being blamed for an ever-increasing crimewave, and who are conducting business activities without the required permits.

The United Nations High Commissioner for Refugees (UNHCR) is accusing Malawi’s government of being somewhat slow in accepting asylum seekers. Countering this accusation, the Government points out that some refugees from Dzaleka camp in central Malawi, the main refugee camp, are said to be owning commuter minibuses and taxis. They are also engaging in the importation and exportation of merchandise behind the backs of the authorities. Local people are said to be colluding with the foreigners to successfully flout the law.

The Road Traffic Directorate (RTD) has confirmed it has launched a campaign to investigate all vehicles suspected of being owned by foreigners. Jomo Mkandawire, the RTD‘s Director, says that in the past few months, 20 minibuses and taxis belonging to foreigners, have been impounded. The Director, however, is quick to admit that tracing foreigners is proving to be a nightmare because they run their businesses using the names of their Malawian workers. He says: «We’ve managed to get hold of some vehicles but the problem is, they’re registered under Malawian names. We have therefore asked the police to assist us».

On the other hand, Malawi’s Immigration Department in the Ministry of Home Affairs, is quick to point out that even foreigners have rights and are at liberty to operate businesses in Malawi, as long as they have completed a legal seven-year continuous stay within Malawi.

David Kamilonjo is the Chief Immigration Officer for the Department. He explains: «As long as foreigners follow proper procedures, they enjoy the fundamental right to embark on any legal business in Malawi». Backing up his statement, he quotes Malawi’s Business Permit Law on Immigration, Act 15/015 Section PRP 1986.

«However, there is a problem», says Kamilonjo. «The law is clear on foreigners rights, but is silent about foreigners who marry Malawian women as one way of gaining access to operate businesses in the country, even before they have fulfilled the mandatory seven-year residence».

The UNCR’s point of view

The UNHCR argues that the administration of asylum seekers is the responsibility of the Malawi government, which is a signatory to several international conventions governing the status of refugees. Michael Owur who represents the UNHCR in Malawi, explains that his office only acts as an advisor to the government. «The administration for asylum seekers rests in the government’s hands. Malawi, which has ratified the 1951 UN convention on the protection of refugees, has thus agreed to grant asylum within its territory to people fleeing persecution, either because of their political or religious opinions».

For this purpose, a technical committee comprising the Immigration Department, the Police, the Ministry of Health, the Commissioner for Disaster Preparedness and the UNHCR has been established to oversee the affairs of asylum seekers.

What’s the present situation? Malawi, which has had no experience of internal war since independence from Britain in 1964, has in recent years seen an influx of refugees and illegal aliens from Congo RDC, Rwanda, Burundi, and other countries. Citizens feel the government should do something about those people who enter the country without proper documents. They are concerned about the increase in crime. e.g. car thefts, car jackings, which they lay at the door of illegal immigrants.

Last December the government announced it was working towards reviewing the Immigration Act in order to seal up any loopholes in the control of foreigners who try to circumvent the present law.

• Hobbs Gama, Malawi, February 2003 — © Reproduction authorised, with usual acknowledgment