Finland's new migration law faces criticism amid border tensions

- We protect our own nation and care about national security just as Poland does - Gen. Pekka Toveri, former head of military intelligence, tells Wirtualna Polska. This is how he justifies Finland's controversial decision to legalise pushing back migrants coming from Russia at their border. In such cases, our border guards lose court cases.

Starting Monday, 22nd July, any foreigner who illegally crosses the barrier on the Finnish-Russian border will be sent back to the other side. Migrants caught at the border after crossing it will be sent back to the Russian side without the right to appeal. Asylum applications will neither be accepted nor considered.

Foreigners will be informed where such an application can be legally submitted. In this way, Finland protects itself against hybrid warfare at its border. Politicians and the President (who has already signed the law) call this law "the Act on Temporary Measures to Combat Instrumental Migration".

This is an entirely different from what is happening at the Polish-Belarusian border. On 18th July, the Border Guard reported 40 attempts to cross the border, while on 17th July, there were 30 attempts. On the same day (18th July), activists from humanitarian organisations operating at the border boasted about rescuing seven people from the forest (already on Polish territory). It was reported that "all seven were taken by the Border Guard to a facility where procedures regarding their applications for international protection would be conducted."

It cannot be any different. The Helsinki Foundation for Human Rights warns that foreigners complaining about being pushed back to Belarus have already won ten national court rulings confirming that such a procedure is illegal.

We reported that two foreigners who broke their legs while climbing the fence received favourable court rulings. In both cases, the administrative court in Białystok ruled that the Border Guard should accept their asylum applications. The guards unsuccessfully argued that the foreigners had obtained legal visas in Belarus and Russia. Instead of crossing the green border, they could have gone to an open checkpoint, where asylum applications are accepted, e.g., from Russians and Belarusians.

- I think we need a range of tools to combat this. We have revised many national border guard laws. At the same time, we need to cooperate with the European Union to amend its own regulations. New laws must be adopted to combat the misuse of refugees as weapons - Gen. Pekka Toveri, former head of military intelligence and now an MEP, tells WP. Wirtualna Polska asked for his opinion on why his country decided to tighten migration procedures.

He adds that the European Court of Human Rights may test the new law, but he believes it will be received positively.

- All laws are a form of preparation and will be applied only if necessary. Claims that Finland is violating human rights are unfounded. We protect, like Poland, our own nation, national security, and all of Europe - emphasises Gen. Toveri. He indicates that the EU should build border infrastructure and use Frontex forces for operations. Finland is erecting a fence along its entire 1,287-kilometre border with Russia.

Around 200 Finnish scientists and legal authorities protested against the act on combating instrumental migration. In a petition, they cited inhumane treatment of people. In June, the Council of Europe's Commissioner for Human Rights, Michael O'Flaherty, appealed to Finland to reject the bill. In a letter to the government representatives, he stated, "The European Court of Human Rights has made it clear that the challenges states face in managing migration flows (...) do not justify practices inconsistent with the European Convention on Human Rights."

Supporters of the bill argued that Russia is clearly facilitating and encouraging migrants to cross the border with Finland. Since August 2022, many people seeking asylum have been arriving at Finnish crossings with Russia. They travelled on bicycles, which they abandoned next to the Finnish barrier. The military and border guard reservists were sent to the border, and all crossings with Russia were closed on 22nd November. Those who managed to cross the border then submitted an asylum application.

"A few days ago, the Finnish parliament legalised push-backs by a 5/6 majority," wrote Wojciech Konończuk, director of the Centre for Eastern Studies, on X. He added that the Baltic states and Finland are fencing themselves off from Russia and Belarus. He published maps and a photo of the border fence.

The organisation Grupa Granica (which provides humanitarian aid to foreigners) continues to complain about Polish services' use of pushbacks. They report that since 13 December, over 9,000 people have been subjected to deportation (the border guard calls it return to the borderline). They indicate on social media that these are "Tusk's deportations."

On 11th July, Grupa Granica activists announced that they had collected "testimonies and accounts proving that refugees are being forced in Border Guard facilities to sign documents relinquishing their intention to seek international protection." Then "they disappear without a trace, most likely their applications were not accepted." These foreigners are likely being sent back to the border.

- The Border Guard accepts relevant applications only from people who want to apply for international protection in Poland. A signed power of attorney by a foreigner given to them by activists is not equivalent to submitting an application for protection - replies Katarzyna Zdanowicz, press officer of the Podlasie Border Guard Unit.

- Applying for international protection is an individual decision of every foreigner. Often, a foreigner, despite a prior declaration of intent to apply for international protection, after familiarising themselves with administrative procedures, decides to forgo submitting such an application because they do not want to wait for its consideration in Poland but instead want to reach another country of their choice in Western Europe - she explains.