Finland has just passed a controversial new law that allows it to turn away asylum seekers at its long eastern border with Russia, a move critics say could breach international laws and human rights standards. The law, aimed at combating what Finland calls Russia’s “weaponization” of migration, lets border guards block asylum seekers and deny them the right to appeal during emergencies. Human rights groups argue this could lead to illegal pushbacks and violence, with concerns that it violates Finland’s constitution and international commitments. The law has sparked intense debate, as it sets a potentially dangerous precedent for handling asylum seekers across Europe.

Human rights organizations claim that a contentious law that permits Finland to deny asylum seekers at its lengthy eastern border with Russia breaches international migration law and creates a dangerous precedent. However, the law went into effect on Monday.

The goal of the new law, which was overwhelmingly approved by lawmakers and put out by the right-wing administration, is to address what Prime Minister Petteri Orpo has described as Russia’s “weaponization” of migration reports POLITICO.

Finland claims it has seen a rise in the number of Middle Eastern and African asylum seekers and accuses Moscow of encouraging the flood, a claim the Kremlin has consistently refuted. Finland closed its 1,340-kilometer border with Russia in April, citing security concerns.

“Instrumentalized migration is one way that Russia can put pressure on and affect the security and social stability of Finland and the EU,” the Finnish interior ministry told POLITICO. “This new act prepares Finland for the possibility that Russia may continue to exert pressure for a long time and in more serious and larger-scale ways.”

The expulsion legislation would permit border guards to temporarily suspend the constitution in the event of a national emergency, so preventing asylum applicants from entering the country and denying them the ability to appeal.

After Belarusian leader Alexander Lukashenko created a border problem by luring migrants from the Middle East and pushing them toward the EU in revenge against penalties imposed by Brussels, Poland, Lithuania, and Latvia passed laws along similar lines in 2021.

Human rights organizations have denounced the deportation measure, claiming that it violates EU law, Helsinki’s international obligations, and the Finnish constitution.

“The rule of law in Finland has been shaken,” Pia Lindfors, director of the Finnish Refugee Advice Center, told POLITICO.

“A green light to border violence”

International law’s principle of non-refoulement prohibits returning asylum seekers to nations where they risk persecution, torture, or cruel or degrading treatment.

The EU’s Migration Pact, which was agreed upon this year and is scheduled to go into effect in 2026, included a crisis clause that would make it simpler for nations to deport individuals who had been persuaded to move illegally to the EU by governments of other countries.

Human rights organizations mostly criticize the rule for permitting pushbacks, which are instances of migrants being forcefully coerced back over a border. Both the European Convention on Human Rights and the European Union Charter of Fundamental Rights prohibit pushback.

“This law makes it possible to do pushbacks, which are always illegal,” Frank Johansson, director of Amnesty International Finland, told POLITICO. “It goes much further than crisis regulation in the new EU migration pact, and it gives a green light to violence on the borders,” he said, adding that the law “should have never been enacted.”

When determining whether someone requires protection, immigration authorities typically conduct multi-hour interviews. According to Johansson, border guards would be required to carry out that duty under this statute.

“If there is a young homosexual man coming from Russia, how will the border guards assess that it’s risky for him to go back? It doesn’t show on the outside,” said Johansson, referring to President Vladimir Putin’s crackdown on the LGBTQ+ community.

Michael O’Flaherty, the Commissioner for Human Rights at the Council of Europe, had previously advised against the adoption of the then-draft law due to his worries about its compliance with human rights.

According to O’Flaherty, the rule “could set a destabilizing precedent, at a time when the global asylum system is already under great pressure.” The letter was sent to the Finnish parliament speaker last month.

European Strategy

Following the European Political Community meeting held in the United Kingdom last week, President Alexander Stubb stated that other EU nations endorse the bill.

“Many people came to say that the instrument looks good, especially the leaders of the Baltic countries. And it may be that they go out and copy it,” said Stubb.

Before the European Parliament voted to support her for a second term, European Commission President Ursula von der Leyen spoke about the Eastern border issue during her keynote presentation to them last week.

“Russia is luring migrants from Yemen up north and deliberately pushing them against the Finnish border,” said von der Leyen, who proposed tripling the number of European border and coast guards to 30,000.

The Finnish law will be examined by the Commission to see if it complies with EU law.

“Member states have an obligation to protect their external borders. They are the ones best placed to define how they do this in practice, in full compliance with fundamental rights,” said spokesperson Christian Wigand.

Previously, GreatGameInternational reported that, according to data from UNHCR, as of mid-2023, there are 36.5 million refugees worldwide. Countries like Iran and Turkey host the most refugees due to their proximity to conflict zones. Syria, Afghanistan, Ukraine, and South Sudan have the highest number of people fleeing.