141. There has been no armed conflict in Malawi since independence in 1964 and as such, the applicability of this provision has not arisen. However, since independence Malawi has always had a standing Army now termed the Malawi Defence Force. 142. Under section 19(2) of the Defence Force Act, a Recruiting Officer shall not enlist a person under the age of 18 years. This means that all persons covered under the Constitution and the CCPJA cannot be employed under the Defence Force. Article 23: Refugee Children 1. States Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee in accordance with applicable international or domestic law shall, whether unaccompanied or accompanied by parents, legal guardians or close relatives, receive appropriate protection and humanitarian assistance in the enjoyment of the rights set out in this Charter and other international human rights and humanitarian instruments to which the States are Parties. 2. States Parties shall undertake to cooperate with existing international organizations which protect and assist refugees in their efforts to protect and assist such a child and to trace the parents or other close relatives or an unaccompanied refugee child in order to obtain information necessary for reunification with the family. 3. Where no parents, legal guardians or close relatives can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his family environment for any reason. 4. The provisions of this Article apply mutatis mutandis to internally displaced children whether through natural disaster, internal armed conflicts, civil strife, breakdown of economic and social order or howsoever caused. 143. Malawi has a Refugee Act which has been in the statute books since 1999 when it was enacted into law. The Refugee Act does not clearly provide for children as refugees. 144. Refugee children have access to basic social amenities, provided by Government and its cooperating partners, especially the UNHCR, such as education, hospitals and nutrition. 145. The Constitution, after 2010, made changes which while they do not explicitly refer to refugee children, do provide for children in situations of disadvantage. It is clear that while the Constitution could not cover all instances where children face disadvantage, the status of being a refugee is clearly one and should entitle a child to State assistance and protection in a place which offers safety and security. 43 | P a g e