Malawi
Regulations on entry, stay, residence, and treatment access for people living with HIV
The categories of restriction are:
- Unclear restrictions - it is not clear to what extent restrictions apply.
Restrictions on entry to Malawi
We found no evidence of any official restrictions on entry to Malawi based on HIV status.
UNAIDS states that Malawi does not have any HIV-related restrictions on entry.
However, the US Department of State reports that some HIV entry restrictions exist for visitors to and non-national residents of Malawi.
The list of deportable offences provided on the website of the Department of Immigration and Citizenship Services does not include any in relation to HIV.
However, the criteria for prohibited immigrants includes the following: ‘Any person who is infected, afflicted with or suffering from a prescribed disease, unless he is in possession of a permit issued by the Minister to enter and remain in Malawi issued upon prescribed conditions and complies with such conditions.’
According to the Public Health Act (part V. 30) ‘smallpox, plague, cholera, yellow fever, cerebro-spinal meningitis, typhus, sleeping sickness or human trypanosomiasis and any other disease which the Minister may by notice declare to be a formidable epidemic or endemic disease for the purpose of this Part.’ We found no evidence that HIV is among those diseases.
The Government of Canada points out that travellers are required to carry evidence of a yellow fever vaccination.
Restrictions on short-term stay in Malawi
We found no evidence of any official restrictions on short-term stay in Malawi based on HIV status.
The Department of Immigration and Citizenship Services provides a list of supporting documents that should be included with a temporary stay permit application, which allows stays up to six months, and none of those documents makes reference to HIV or the general health of the applicant.
Restrictions on long-term stay in Malawi
It is unclear whether Malawi imposes restrictions on long-term stay of people living with HIV.
The Department of Immigration and Citizenship Services provides a list of supporting documents that should be included with residence permits, which includes a medical certificate for most categories of work, including research. Such certificate is optional for the student permit. It is not clear if such health certificate includes HIV disclosure or testing.
Treatment access in Malawi
The following summarises available information on access to healthcare for people living with HIV in Malawi. There is no evidence that non-nationals are restricted from accessing treatment in the same way as nationals.
IOM reports that all migrants, regardless of status, have the same access to free public healthcare as nationals in Malawi.
The Constitution (1994, revised 2017) establishes the governmental commitment to provide ‘adequate health care, commensurate with the health needs of Malawian society and international standards of health care’ and equality of opportunity for all in accessing health services.
Sources
The HIV Justice Network's Global HIV Criminalisation Database
People living with HIV may be criminalised in Malawi. While there are no HIV-specific laws in force, we are aware of reported prosecutions of alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.
Visit the Malawi page on the Global HIV Criminalisation Database to see more information about known HIV criminalisation laws in this country, an overview of how the laws are used, and any significant advocacy developments.
UNAIDS Global AIDS monitoring data
This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.
Migrant populations
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens | Yes |
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens | Yes |
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
Migrants are able to access HIV services | Yes |
Refugees and asylum seekers
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens | Yes |
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
Laws/policies enable refugees to access HIV services under the same conditions as citizens | Yes |
Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) | Yes |
This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.