At Dzaleka Refugee Camp, life moves with uncertainty for thousands of refugees who have spent decades waiting not only for stability, but for legal recognition of their rights.
For Ngendahayo Athanase, a Rwandan refugee and Leader of his community in the camp, Malawi has become the only home his children have ever known. He arrived in 1999, years after the Rwandan Genocide, having fled the lasting instability that followed, and began rebuilding his life in Malawi. Today, he is a father whose first child is now 25 years old, born and raised entirely in Malawi. Yet despite this lifelong connection, he says his children remain excluded from some of the most basic rights.
“My children were born here, but they cannot access government education, health services, or citizenship,” he says. “Malawi is the only country they know. They do not even know Rwanda.”
His voice carries both resignation and fear, not only for the present, but also for the future of his family in a country that is the only home they understand.
Ngendahayo’s journey in Malawi has not been without setbacks. He recalls losing property worth over 17 million kwacha after it was vandalised in separate incidents in 2007 and 2011 in Nsungwi (Area 25) in Lilongwe and Mponela in Dowa.
“It was very hard to recover and start again. I had to rebuild my life from nothing,” he says.
Like many refugees in Malawi, his story reflects a life shaped by both conflict and fragile stability. While he sought safety, he found himself navigating a system that still limits how far he can rebuild.
Conditions inside the camp are becoming increasingly difficult, especially as donor support continues to shrink. Refugees are uncertain whether monthly assistance will continue beyond August, raising concerns about how families will meet basic needs. He also points to rising insecurity, including theft, which he says is becoming more common as economic pressures deepen.
With a population of 62,365 people, overcrowding remains a serious concern. Ngendahayo fears that an outbreak of disease such as cholera could have devastating consequences due to limited sanitation and health services.
Restrictions on movement remain one of the most pressing challenges. Refugees are not freely allowed to leave the camp and risk arrest if found outside without proper documentation. Even when carrying identification, they are often required to present additional letters from camp authorities, which are difficult to obtain.
“If you are found outside, you are arrested. Sometimes people even have to bribe their way out. We have no rights,” he says.
These restrictions, he argues, make it difficult to work, access services, or build an independent life.
Despite these challenges, relations with surrounding host communities remain generally peaceful, with refugees and local Malawians living side by side without major conflict. However, he believes the deeper issue lies not in community relations, but in policy.
These lived realities are now feeding into a broader national conversation as Malawi reviews its refugee legal framework through the Special Law Commission. The process follows growing concerns that the existing Refugees Act of 1989 no longer reflects current realities and limits the rights of refugees.
Senior Deputy Director of Law Reform at the Malawi Law Commission, Robert Kandulu, says the review has identified several gaps, including the absence of a clear process for receiving refugees and a lack of detailed provisions outlining their rights and obligations. He notes that the findings remain provisional and will be formally presented by the Commission’s Chairperson at a later stage.
The Commission recently presented preliminary findings to stakeholders and is currently collecting feedback following a national validation process. It is expected to begin plenary discussions before finalising its report, which will be submitted to the Minister responsible for justice.
Officials say the review aims to align the law with Malawi’s constitutional and international obligations. Enacted in 1989, the law predates the 1994 Constitution and no longer reflects changing realities, including more diverse refugee populations and emerging challenges such as human trafficking, migrant smuggling, and security concerns.
The Head of the UNHCR National Office, Precious Nkoko, says the review is a critical step toward modernising refugee protection and aligning national law with international standards.
He explains that the current law was designed mainly for reception and camp management during a specific influx of Mozambican refugees and does not adequately address issues such as access to employment, freedom of movement, and integration.
According to UNHCR, Malawi’s encampment policy, which requires refugees to remain in designated areas such as Dzaleka Refugee Camp, limits opportunities for self-reliance. While refugees are protected within the system, restrictions on movement and work reduce their ability to participate in the economy and integrate into society.
Nkoko also highlights operational challenges, including delays in refugee status determination since 2021, limited access to higher education, and the lack of travel documentation. Combined with funding cuts, these challenges have increased dependency on aid and placed additional strain on already difficult living conditions.
He adds that more inclusive policies could benefit both refugees and host communities by unlocking skills, stimulating local economies, and reducing long term dependency. Experiences from countries such as Uganda and Kenya, he notes, show that progressive refugee policies can contribute to national development while maintaining protection standards.
Meanwhile, INUA Advocacy says the ongoing review presents a critical opportunity to address long standing gaps in the legal framework.
Its Executive Director, Innocent Magambi, says that while some proposals appear progressive, concerns remain over restrictions that could still limit refugees from conducting business outside camps.
He argues that treating refugees with capital as international investors is impractical, as they often lack passports and formal documentation. Instead, he says, refugees should be recognised as a distinct group requiring tailored legal protections that reflect their lived realities.
Magambi adds that the current system remains highly restrictive, with refugees required to stay in camps such as Dzaleka and facing limitations on movement, employment, and access to higher education. He also raises concerns about overcrowding, corruption risks, and potential abuse of systems.
On the economic front, he argues that restrictions are costing Malawi opportunities, as refugee skills and businesses remain underutilised. Greater freedom of movement and economic participation, he says, would allow refugees to contribute to local markets, create jobs, and generate revenue.
Deputy Commissioner for Refugees Ivy Mpina highlighted overcrowding and human trafficking at the camp as major concerns, noting that the government faces significant challenges in balancing refugee protection with national security and limited resources. She added that measures such as sweeping exercises have been implemented, while the last verification exercise was conducted between 2021 and 2022 and remains a costly process.
For many refugees, the law review represents a rare moment of hope that long standing restrictions may finally be reconsidered.
As the process continues, refugees like Ngendanayo are watching closely. For him, the issue is not only about policy, but about belonging, about whether children born and raised in Malawi will continue to live in legal limbo.
“This is the only home my children know,” he says. “We are just hoping the law will change so that their future can be better than ours.”
For now, that future remains uncertain, but for the first time in decades, change may finally be within reach.
