Finland’s parliament has approved a bill that lets border guards turn away migrants and reject asylum applications at the Russian border.
The law, aimed to protect against what Finland calls “hybrid warfare” from Russia, has sparked debate over human rights concerns and national security priorities.
Finland’s bold move to secure its eastern frontier
On July 12th, 2024, Finnish lawmakers passed a controversial bill allowing border guards to turn away asylum seekers crossing from Russia.
The legislation, approved by a narrow margin of 167 votes in the 200-seat parliament, introduces temporary measures for one year to curb what Finland believes are deliberate migrant flows from Russia.
Prime Minister Petteri Orpo’s government argues that the law is crucial for national security, claiming Russia is sending undocumented migrants to the border to retaliate against Finland’s NATO membership.
“We saw from the end of last year that Russia was using migrants as a tool for hybrid influencing against our security, and against our borders,” Orpo stated after the vote.
The human rights dilemma
Critics, including professors, legal experts, and human rights groups, strongly oppose the law. They argued that it violates Finland’s constitution and international commitments to the United Nations and the European Union (EU).
Michael O'Flaherty, the Council of Europe Commissioner for Human Rights, expressed concern about the draft law, stating it “raises a number of significant human rights concerns.”
He emphasized that the relationship between national security and human rights “is not a zero-sum game.”
Li Andersson, outgoing leader of the Left Alliance party, called the vote result a “sad day” for Finland and human rights.
More than 200 university researchers signed a petition against the bill, highlighting the academic community’s concern over its effects.
(Image courtesy of Baptiste Valthier via Pexels)
Border control and exceptions
Under the new law, Finnish border guards can turn away migrant asylum seekers at crossing points under specific conditions.
However, the legislation includes protections for vulnerable groups:
-
Children, disabled individuals, and migrants deemed particularly vulnerable by border guards will still be admitted.
-
Border guards will be trained to assess migrants’ age, health, and vulnerability.
-
The law includes plans for emergency humanitarian aid if migrants cannot return to Russia and are stranded at the border.
Finland closed its 1,340-kilometer land border with Russia in late 2023 after more than 1,300 undocumented migrants arrived in three months.
Most of these migrants were from Middle Eastern and African countries, including Afghanistan, Egypt, Iraq, Somalia, Syria, and Yemen.
Other EU border closures
Finland’s decision is similar to actions taken by other EU countries, including Poland, Latvia, and Lithuania, to manage migrants coming from Belarus.
These countries have introduced similar laws, reflecting a trend of stricter migration control in the EU’s eastern border states.
Finance Minister Riikka Purra, chair of the nationalist Finns Party, emphasized that national security is the top priority.
“We cannot allow Russia to exploit weaknesses in our legislation and international agreements,” Purra stated.
However, the practice of pushbacks – forcing people back across an international border without assessing their right to apply for asylum – violates both international and EU law.
This means Finland’s new law conflicts with its broader commitments to human rights and EU regulations.
(Image courtesy of Alexey Ivanov via Wikimedia Commons)
Increased scrutiny of travelers and immigrants
While the new law mainly targets asylum seekers at the Russian border, it might also affect other visitors and immigrants to Finland and the EU:
-
ETIAS and Schengen Visa: The law does not directly affect the European Travel Information and Authorization System (ETIAS) or Schengen visa processes. However, it may lead to stricter checks on visa applications from certain countries, making it harder for some travelers.
-
Long-term travelers and immigrants: Families, investors, digital nomads, and students from non-EU countries may face tougher background checks and visa application processes as Finland tightens its border control.
-
Perception of openness: The law might change how people see Finland, making it seem less open and welcoming. This could discourage some long-term travelers or immigrants from choosing Finland as their destination.
Setting a precedent for other states
Finland’s new law could affect immigration policies across the EU:
-
Precedent setting: Michael O’Flaherty noted that the law might set a concerning example for other countries and the global asylum system. Other EU nations might follow Finland’s lead, using national security as a reason for similar measures.
-
Schengen Area implications: Although the law does not directly change Schengen Area rules, it could lead to discussions about tightening external border controls across the EU, possibly leading to changes in Schengen policies.
-
EU-wide debate: The law will likely spark new debates about balancing national security with humanitarian duties and EU values, potentially shaping future EU immigration policies.
-
Pressure on common asylum system: Finland’s independent action may challenge the EU’s efforts to create a unified asylum system, showing the difficulties of aligning immigration policies across all member states.
A divisive step into uncharted territory
Finland’s decision to pass this controversial law marks a significant shift in its approach to border control and asylum seekers.
While supporters argue that it is necessary for national security, critics warn of the potential human rights violations and the example it sets for other countries.
As Finland deals with this complex issue, balancing security concerns with international obligations, the world watches closely.
How this law is put into action and its effects will likely influence discussions on migration, human rights, and national security in Europe and other places for years to come.