Justice in Foreign Language: Police Statement-Taking and Interviewing of Migrants and Refugees in Malawi
Migratory workers and refugees face significant linguistic discrimination once found in foreign justice systems where their native languages are unrepresented (Namakula, 2023). They are subjected to a dominant discursive linguistic tradition which places a heavy load of guilt, shame, and embarrassment, making them socially disadvantaged and vulnerable (Docrat, 2024). Integral Human Development Report (2021) indicates that in May 2021, there were 52,258 refugees and asylum seekers in Malawi who were all hosted at Dzaleka Refugee Camp which has now become a hub for criminal activities. However, since the language of law in Malawi is English, it is hardly known how police and the broader justice system navigate through communication challenges once the refugees get into conflict with the law. This study, therefore, intends to: i) Examine communication challenges faced by police during interviewing and statement-taking for foreign language speakers; ii) Investigate strategies that are put in place at police formations for interviewing and statement-taking for migrants and refugees; iii) Propose better practices of conducting interviews and taking statement from foreign language speakers. Data for the study will be collected from six police formations in Zomba, Dowa and Mzuzu after obtaining ethical approval from the Inspector General of Police. The study will be guided by Skutnabb-Kangas’ (1999) Linguistic Diversity and Human Rights Theory, which emphasises on the intrinsic connection between linguistic diversity and human rights. This paper will argue against language policies that promote the dominance of one language over others and support policies that promote linguistic diversity which help create more inclusive and equitable societies.