Act on Temporary Measures to Combat Instrumentalised Migration in Finland: A Free Pass to Arbitrary Pushbacks

31-07-2024

Innocenti Chiara

Human Rights and Europe Researcher,

Global Human Rights Defence.

(FINLAND), July 12th – On July 12th, 2024, the Eduskunta, Finland’s single-chamber parliament, passed the “Act on Temporary Measures to Combat Instrumentalised Migration,” a decision that provoked alarm and despondency regarding the fragile human rights protections for refugees and migrants approaching the country. The provision, voted by a total of 167 against 31 lawmakers, prescribes that under suspicion of “instrumentalisation” of migration flows at the hands of a third country, national border guards are empowered to prevent asylum seekers from crossing into Finnish territory and to reject their application for international protection, with a sole exception for those assessed to be in vulnerable situations.

Finnish Prime Minister Patteri Orpo and his cabinet defended the controversial measure accusing Russia of deliberately transferring Middle-eastern and African migrants to the crossing points with Finland from Autumn 2023 to jeopardise national security and ultimately precipitate the European Union into a major migration crisis. The argument herein supported and later confirmed by all EU institutions, is that these foreign policy manoeuvres, conducted by the Kremlin alongside military operations in Ukraine, are in reality part of a “hybrid warfare” strategy, which targets the external borders of Finland as an act of retaliation against its decision to join NATO in April 2023. The Orpo’s central-right government, to address the massive and unexpected rise in the number of asylum-seekers crossing the borders, first decided to close some of the busiest Russian border crossings, and subsequently to close them all until further notice.

Despite being backed by valid reasons, the provision has sparked a heated debate regarding human rights of those migrants who are likely to face pushbacks at the Russia-Finland border zone. In particular, concerns revolve around the high probability that greater leeway granted to border guards in the processing of migrants, could  lead to a systemic violation of the principle of non-refoulement, laid down and upheld by the 1951 Refugee Convention. Under the latter, every single arrival would require a nuanced examination of all risks that a return could entail for the migrant, an examination that is unlikely to be conducted by untrained personnel under such chaotic circumstances as those prevailing at the frontiers. Additionally, the new Act has the potential to infringe upon the prohibition of collective expulsions and to prejudice the access to effective remedies for incomers, including the possibility to claim asylum and the right to lodge an appeal in case of rejection.

On this issue, the Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, delivered a strong opinion in a letter penned on July 11th to the Speaker of the Parliament of Finland and several Committees chairpersons. The concerns expressed in relation to the resulting human rights violations that might stem from the approval of the Finnish law, are coupled with serious fear that this act might set a destabilising precedent for other countries throughout the EU facing similarly severe crises in their asylum systems. According to the Commissioner, the relationship between human rights and national security should never be seen as a zero-sum game, which explains why the invocation of national security cannot be used as a carte blanche to enable pushbacks at the borders. The solution, according to him, lies instead in the prompt transfer of individuals found at the border to specialised facilities where their situation can be adequately assessed by staff with enough expertise and time to dedicate.

Sources and Further Readings

Baccini, F. (2024, July 15). The “instrumentalization of migration” is already becoming a way to justify pushbacks. EU News. Retrieved on July 30, 2024, from <https://www.eunews.it/en/2024/07/15/finland-law-pushback-eu-commission/>. 

Bathke, B. (2023, November 28). Finland to shut last border crossing with Russia. Info Migrants. Retrieved on July 30, 2024, from <https://www.infomigrants.net/en/post/53526/finland-to-shut-last-border-crossing-with-russia>. 

Bierbach, M. (2024, April 19). Finland: Stricter asylum and citizenship laws proposed by government. Info Migrants. Retrieved on July 30, 2024, from <https://www.infomigrants.net/en/post/56556/finland-stricter-asylum-and-citizenship-laws-proposed-by-goverment>. 

Liboreiro, J. (2024, July 30). After Finland legalised migrant pushbacks, many fear a ‘dangerous precedent’. Euro News. Retrieved on July 30, 2024, from <https://www.euronews.com/my-europe/2024/07/30/after-finland-legalised-migrant-pushbacks-many-fear-a-dangerous-precedent>. 

(2024, June 10). Finland: Emergency law on migration is a “green light for violence and pushbacks at the border”. Amnesty International. Retrieved on July 30, 2024, from <https://www.amnesty.org/en/latest/news/2024/06/finland-emergency-law-on-migration-is-a-green-light-for-violence-and-pushbacks-at-the-border/>. 

(2024, July 12). Finland: Emergency law on migration inconsistent with EU law and must be “rigorously scrutinized”. Amnesty International. Retrieved on July 30, 2024, from <https://www.amnesty.org/en/latest/press-release/2024/07/finland-emergency-law-on-migration-inconsistent-with-eu-law-and-must-be-rigorously-scrutinized/>. 

(2024, May 21). Finland proposes new law to stem migration from Russia. Reuters. Retrieved on July 30, 2024, from <https://www.reuters.com/world/europe/finland-calls-eu-wide-solutions-prevent-migrant-flow-russia-2024-05-21/>. 

(2024, June 17). Finland should reject the draft law on instrumentalisation of migration, protect access to asylum and prevent summary expulsions. Commissioner for Human Rights, Council of Europe. Retrieved on July 30, 2024, from <https://www.coe.int/en/web/commissioner/-/finland-should-reject-the-draft-law-on-instrumentalisation-of-migration-protect-access-to-asylum-and-prevent-summary-expulsions>. 

(2024, July 12). Finland passes bill to stop migrants at border. DW. Retrieved on July 30, 2024, from <https://corporate.dw.com/en/about-dw/s-30688>. 

(2023, November 23). Finland erects barriers at border with Russia to control migrant influx. Info Migrants. Retrieved on July 30, 2024, from <https://www.infomigrants.net/en/post/53416/finland-erects-barriers-at-border-with-russia-to-control-migrant-influx>. 

(2022, August 9). Finland welcomes record number seeking protection. Info Migrants. Retrieved on July 30, 2024, from <https://www.infomigrants.net/en/post/42499/finland-welcomes-record-number-seeking-protection>.