UNHCR’s Representation for the Nordic and Baltic Countries has submitted its observations on the Proposal to enact a law on temporary measures (the Government’s proposal to the parliament for a law on temporary measures to combat instrumentalized immigration).
The Proposal aims at countering the pressure on Finland caused by the instrumentalization of immigration. It sets conditions for when and how the Government can choose to restrict the reception of applications for international protection at and in the vicinity of Finland’s national borders. If activated, asylum-seekers, albeit with some exceptions, would be prevented from accessing Finnish territory, removed from the country, and redirected to a different entry point where applications for international protection would be accepted.
UNHCR acknowledges the challenges faced by Finland and shares the Government’s concerns about the dangers of politicization of asylum and migration. However, the fundamental right to seek asylum and the non-derogable principle of non-refoulement should be observed at all times. Seeking to curtail these rights will not of itself address the issue.
UNHCR recommends that the Government amend the Proposal to avoid provisions that deny entry to the territory and admission to the asylum procedure. Similarly, UNHCR recommends ensuring application of the principle of non-refoulement without discrimination. UNHCR advises against transferring responsibilities that normally lie with the asylum authorities or other central specialized authority to border guards. Instead of the current Proposal, UNHCR recommends Finland to consider the implementation of a fair and efficient processing system with appropriate procedural safeguards in place.
UNHCR’s observations can be found here.
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