Malawi is a state party to the 1951 UN Convention relating to the Status of Refugees and its 1967 Protocol, as well as the 1969 OAU Convention. At the 2023 Global Refugee Forum, the Government pledged to implement legal and policy reforms, including the review of the Refugees Act and improved registration and documentation of refugees and asylum seekers. 

While progress has been made in refugee inclusion, challenges persist—particularly in access to legal documentation. The country maintains nine reservations to key provisions of the 1951 Convention, including those concerning property rights, employment, and access to primary education. The national legal framework is guided by the 1989 Refugees Act, which is currently under review. The review presents an opportunity to enhance the protection environment, lift key reservations, and enable the socio-economic inclusion and self-reliance of forcibly displaced persons in Malawi.

Malawi is a party to the 1954 Convention relating to the Status of Stateless Persons, though it has not acceded to the 1961 Convention on the Reduction of Statelessness. The country’s nationality law provides safeguards in the transmission of nationality. However, gaps remain in ensuring that children who would otherwise be stateless can acquire a nationality. In 2022, the Government conducted a qualitative study on statelessness, identifying populations at risk. Efforts have since accelerated to issue documentation to refugees and asylum seekers, improving access to assistance and protection.

Malawi is affected by mixed migration flows and is a documented source and transit country for human trafficking. Men, women, and children—particularly from countries such as Ethiopia—are trafficked within Malawi, across borders, and onward to destinations including South Africa. The country is also vulnerable to climate-induced displacement, with natural disasters such as floods, drought and tropical cyclones exacerbating vulnerabilities. The Government, in collaboration with stakeholders, is working to strengthen disaster preparedness and community resilience through integrated and proactive measures.