INUA applauds Malawi Police for arresting fellow officers who robbed Burundian refugee millions of Kwacha during 2023 forced relocation exercise

* For two years, we have been calling for thorough investigations and redress for refugees — particularly those who lost property, income, and means of livelihood during the enforcement of the relocation exercise

* Many of the affected refugees remain destitute, struggling to rebuild their lives after losing the little they had

* The recent arrests, therefore, bring a measure of hope that justice may finally begin to take shape for those who have endured silence for far too long

By Duncan Mlanjira

INUA Advocacy, the independent civil society organisation (CSO) that advocates for refugee rights in Malawi and beyond, has commented the Malawi Police for the arrests of fellow police officers who were involved in the 2023 robbery of a Burundian refugee during the government-ordered large-scale operation that led to the forced relocation of thousands of refugees and asylum seekers from urban areas to Dzaleka Camp.

In a statement issued yesterday, November 7, INUA describes Malawi Police initiative as marking “an important step toward accountability and justice for victims who lost property and livelihoods”.

“For two years, we have been calling for thorough investigations and redress for refugees — particularly those who lost property, income, and means of livelihood during the enforcement of the relocation exercise.

“Many of the affected refugees remain destitute, struggling to rebuild their lives after losing the little they had. The recent arrests, therefore, bring a measure of hope that justice may finally begin to take shape for those who have endured silence for far too long. 

“We call on authorities to extend investigations to all cases of abuse and theft, and remain committed to working with partners to ensure justice, dignity, and protection of refugee rights.”

INUA indicates that on October 13, 2025, the Lilongwe Magistrate’s Court ordered Malawi Police Service to release containers that the law enforcement agency confiscated while carrying out government’s order to relocate refugees and asylum seekers to Dzaleka Camp. 

However, the police reportedly sold some of the farm produce that were stored in the containers to preserve their value leading to the applicant, a naturalised Malawian citizen originally from Burundi — represented in court by legal counsel, Felisah Kilembe — argued that since the police did not find any evidence of criminal activity, and he was not charged with any offense, there was no reason for the police to retain the containers and the money obtained from selling the farm produce contained within them when they were confiscated.

The Court agreed with the applicant recognising that the continued detention of the confiscated goods would amount to a violation of the right to property enshrined in section 28 of the Constitution, which is only limited by section 44 where a crime is alleged or suspected to have been committed. 

Vivian Kasunda, who supported the case representing the Southern Africa Litigation Centre (SALC), says: “The judgment is a testament to the power of the law in protecting the rights of vulnerable individuals.

“The Applicant, who is a naturalised Malawian citizen, was subjected to an unwarranted confiscation of his family’s property. The court saw through the lack of justification for the police’s actions and ruled in the Applicant’s favour.

“This victory is not just for the Applicant, but for all those affected by similar abuses of power,” says Kasunda, who added that “SALC welcomes the Court’s judgment, which affirms the importance of due process in exercising police powers”.

“This ruling sends a clear message that authorities must respect the rights of all individuals, including refugees and asylum seekers, and that confiscating property without justification is unacceptable.”

On March 27, 2023, Malawi Government issued a directive mandating all refugees outside designated areas to voluntary relocate back to Dzaleka within 14 days.

The only refugee camp in Malawi was built in 1994 and was designated to accommodate about 10,000 refugees and asylum seekers but as of early May 2023, accommodated a population of about 50,000.

During the forced relocation after the voluntary period expired in May 2023, the Ministry of Homeland Security through the Malawi Police, arrested and detained a total of 505 individuals suspected to be refugees, asylum seekers, and illegal immigrants and detained them at Maula prison.

Of the 505 persons, 202 were males, 89 females and a concerning 117 children. At the same time, the Malawi Police confiscated containers of the Applicant’s and others as part of a relocation exercise to Dzaleka Camp.

The containers were confiscated on suspicion that there were items of criminality in them, but after the police conducted a search, they did not find anything suspicious.

The media reported that the relocation from their homes to Dzaleka was accompanied by cruel, inhumane, and degrading treatment amounting to torture, despite Malawi adopting the Comprehensive Refugee Response Framework at the Global Compact on Refugees-UN General Assembly — which demonstrated its commitment to allow social, economic, and educational integration of refugees into Malawi’s community.

Refugees in Malawi have experienced systematic violations of their human rights during this relocation exercise in which they endured overcrowded conditions, physical abuse, lack of access to legal representation and family, detention without trial, and limited access to basic amenities.  

INUA maintains that the relocation — carried out with the involvement of state and non-state actors — had far reaching consequences for the lives, dignity and livelihoods of individuals who had sought safety and protection in Malawi.

Thus the CSO continued to advocate for justice for the victims of the relocation exercise through different platforms it had, including in workshops and conferences, making calls through press releases as during the commemoration of anniversaries of the forced relocation — including few engagements with the International Criminal Court (ICC).

Communication Officer, Brenda Twea-Buliyani, said in an interview that in most of the interviews they had with the media, and also the Zoom meeting during the commemoration month this year, they focused on the same and had several lawyers interested to pursue justice for those victims.

“You may wish to know that following that Zoom meeting, one of the then panelists, a human rights lawyer Felissah Kilembe also pursued one of the cases and won last month, which can be sourced through the link; https://www.southernafricalitigationcentre.org/court-orders-the-release-of-refugees-confiscated-property/

“The Malawi Human Rights Commission (MHRC) is also fully committed to support cases of the victims of rights abuses in the forced relocation exercise. We kept the conversation alive through continued discussions and strategising as organisations under the Civil Society Coalition on Migration.”

On the naturalised Malawian of Burundi origin,Twea-Buliyani indicates that he was robbed in Salima and the incident was reported by different media outlets after his shop’s CCTV video footage of the live robbery went viral on social media.

“We have records of hundreds of complaints lodged through our system. There were many rights’ violations, including the thefts, physical and sexual violence. We kept on following up ICC and they always assured us that they were investigating.”

In May 2004, on the anniversary of the relocation exercise INUA issued a press statement saying: “What was presented as a national security measure, quickly degenerated into a wave of xenophobic rhetoric and targeted abuse.

“Some influential, senior Government officials made unsubstantiated, inflammatory accusations against refugees, branding them as war criminals and economic threats, without evidence or due process.

“Such language incited fear, sowed division, and violated both national and international legal standards.

In November last year, inua-advocacy-was-granted-observer-status-with-african-union-commission-on-human-and-peoples-rights/ — greatly strengthening its impact and scope in advocating for human rights, allowing the CSO further effective support to vulnerable populations and push for meaningful change across Africa.

The status gained INUA formal recognition from the ACHPR, which enhances the CSO’s credibility both locally and internationally — giving it a stronger voice and authority in promoting human rights across Africa.

Founded by Innocent Magambi — a former refugee for 27 years — INUA Advocacy collects and escalates complaints from refugees about the services they receive, and demand appropriate action.

Its goal is to hold those who serve refugees accountable and press for appropriate action from service providers. It is also advocating for amendments to the 1989 Refugee Act which imposes the indefinite encampment of all refugees without the right to work; freedom of movement; nor prospect for integration.

It is pushing for the implementation of the Comprehensive Refugee Response Framework (CRRF) according to the pledges made in 2016 and 2019 — and among others, the pledges made for rolling out the CRRF include incorporating refugees into the National Development Agenda;  introducing a settlement approach and self–reliance to enhance integrated development of the refugees and local community

Of great concern, which INUA keeps highlighting to the media, is that the refugees and asylum seekers are denied by Malawi government access to some essential services such as education, health and the right to economic activities outside Dzaleka Camp.

At the completion of secondary school, strictly at Dzaleka Community Day Secondary School, the refugee children are denied access to public universities and they fail to enroll for private universities because they are not allowed for an extended exit from Dzaleka camp, but just a day-long pass for emergencies.

All these challenges are what galvanises INUA Advocacy to assist towards the wellbeing of the refugees and and asylum seekers in Malawi.