Will Finland breach international law by blocking asylum seekers?

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Finland's Proposed Law May Temporarily Breach International Commitments on Asylum Seekers

Finland's government intends to propose legislation that would empower border agents to block asylum seekers attempting to enter from Russia. This proposed law, while aiming to address a perceived security concern, acknowledges that its implementation could lead to a temporary contravention of Finland's international human rights commitments by preventing asylum applications from being processed for individuals arriving from Russia. The legislation is framed as a temporary and limited measure to manage potential surges in arrivals.
Proposed Legislation Allows Border Rejection

The draft law, set to be presented to parliament, would grant Finnish border authorities the power to deny entry to asylum seekers crossing from Russia. This measure could involve the use of force. However, the proposed legislation includes exceptions, stating that it would not apply to vulnerable individuals such as children and those with disabilities, whose asylum claims Finland would continue to process.
Acknowledged Breach of Human Rights Commitments

The Finnish governing coalition's draft legislation explicitly states that turning migrants back to Russia without considering their asylum applications would violate Finland's international human rights commitments. Prime Minister Petteri Orpo indicated that this exceptional measure is being considered due to the perceived control Russia has over who arrives at Finland's border. The government argues that this approach is necessary to prevent what it describes as the weaponisation of migration.
Temporary and Limited Nature Emphasised

Finnish leaders assert that the proposed measures will be temporary and limited in scope. This justification is presented in the context of Finland's long border with Russia, spanning 1,340 kilometres, and concerns that warmer weather could facilitate increased migration flows. Intelligence reports cited by the Prime Minister suggest that a significant number of individuals are present in Russia and awaiting an opportunity to reach the Finnish border.
Parliamentary Review and Uncertain Support

The proposed bill requires a high threshold for passage in parliament, needing five-sixths of the votes cast due to its constitutional implications. The largest opposition party, the Social Democrats, has not yet committed to supporting the bill, indicating that its parliamentary success is not guaranteed. Concerns have also been raised by Finland's ombudsman for non-discrimination, Kristina Stenman, who described it as alarming if Finland were to refuse asylum applications at its borders.

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Will Finland breach international law by blocking asylum seekers?

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