Finland’s parliament on Friday narrowly approved a bill that would allow border guards to, in certain circumstances, prevent migrants from arriving from Russia from crossing and deny asylum applications. The measures, which were approved under an urgent procedure, have sparked criticism from the opposition, international organisations and NGOs, who claim that they are unconstitutional and contrary to human rights commitments. The Nordic country, which has closed all its crossings with Russia since December, accuses Moscow of facilitating and encouraging the arrival of migrants from the Middle East and Africa at the border.
The asylum restrictions will not come into force directly, but will require joint approval by the government – a conservative coalition that includes the far right – and the president, Alexander Stubb, for renewable periods of one month. The law empowers the authorities to refuse entry to asylum seekers, and to expel those who cross into the country in the hope of obtaining refugee status; it provides legal cover for pushbacks, which are illegal under international and EU law. Border guards will not be able to deny entry to children or disabled people. The application would also be accepted if it is “clear that the person runs a real risk of being subjected to the death penalty, torture or other treatment that violates human dignity.”
Last summer, three months after Finland joined NATO, hundreds of migrants – mostly from Afghanistan, Egypt, Iraq, Somalia, Syria and Yemen – arrived at various border posts along the 1,340 kilometres that separate the Nordic country from its vast neighbour. Some 1,300 asylum seekers crossed into Finland from Russia in the last months of last year, but since December, when the last remaining crossings were closed, only about 35 migrants have entered illegally, according to Finnish public broadcaster. Still, the Finnish government, which accuses the Kremlin of “instrumentalising migration” as part of its “hybrid war activities”, says that hundreds of Asians and Africans remain in Russian towns near the border, waiting for an opportunity to reach the EU.
The bill, which is valid for one year, was approved by Parliament with the backing of 167 of the 200 MPs in the Chamber – one more vote in favour than necessary, since the urgent procedure required a supermajority of five-sixths. In addition to the four parties that make up the governing coalition – the conservative National Coalition, the far-right Finns Party, the Christian Democrats and the Swedish People’s Party of Finland – the measures were supported by 37 of the 43 Social Democrats and the Centre Party.
“A sad day for the rule of law”
Li Anderson, chairwoman of the Left Alliance, has responded on X: “A sad day for the Finnish rule of law and human rights.” In her message on the social network, the leader of the progressive party, which obtained an extraordinary result in the European elections in June, with which it climbed to second position, has criticised the social democratic deputies who have supported the restrictions on asylum.
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Finnish Prime Minister Petteri Orpo said at a press conference that the vote had shown “once again” that “security issues unite Finns.” “Finland looks after its borders. The rule of law has the right and duty to defend itself,” the conservative Prime Minister stressed. The far-right Interior Minister Mari Rantanen added that it had not yet been decided when the eastern border would be reopened.
Numerous academics, legal experts and human rights groups have stressed in recent weeks that the measures approved on Friday are contrary to the Finnish Constitution and incompatible with international and EU law. The Council of Europe’s human rights commissioner, Michael O’Flaherty, sent a letter last month to Finland’s 200 lawmakers urging them to reject the bill. “The invocation of national security cannot be used as a carte blanche,” O’Flaherty said.
Minutes after the approval by the Finnish Parliament, Amnesty International has issued a statement strongly criticising “emergency measures” against the “so-called instrumentalisation of migration”. The organisation states that “the law seriously undermines access to asylum and protection against pushbacks. It not only jeopardises the rights of people seeking safety, but will also lead to arbitrary action and violence at the border”. Amnesty International adds that Finland “is following in the dangerous footsteps of Latvia, Lithuania and Poland”.
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