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Regarding the repatriation of refugees, this process is ongoing and it is either spontaneous
(where the applicants return is not facilitated by relevant authorities), or voluntary (where
the applicant’s return is formalized). Following tripartite agreements, voluntary
repatriation has been conducted for instance, for Rwandan nationals. The voluntary
repatriation of 3,371 Mozambican nationals from Luwani refugee camp, who expressed
the desire to return home in March 2017, is still awaiting agreement between the
Governments of Malawi and Mozambique the and UNHCR.
Article 14 – Right to Property
139 The 2018 housing census in the Table 7 below shows Malawi’s population in terms of
housing and type of occupancy. The Table shows that the majority of Malawians live in
either family owned house or rented housing. In order to improve access to land, Malawi
passed several laws that radically transformed the aspect of land tenure. These are:
Land Act 2016
Customary Land Act 2016
Physical Planning Act 2016
Land Survey Act 2016
The Registered Land (Amendment) Act 2016
Public Roads (Amendment) Act 2016
Forestry (Amendment) Act 2016
Land Acquisition (Amendment) Act 2016
Local Government (Amendment) Act 2016
Malawi Housing Corporation (Amendment) Act 2016
A summary of some of these laws has been provided in the general update on legislative
framework above.
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