Finland's Non-Discrimination Ombudsman has criticised the government's decision to close all but one of its crossing points along the Russian border, citing concerns it will seriously endanger people's fundamental rights to seek asylum.
Finland has shut down seven of its eight crossings along the Russian border over the past week, after hundreds of asylum seekers arrived at the crossings during the autumn months. Finnish authorities suspect that the increase was a hybrid operation orchestrated by the Kremlin.
As of Friday, the Raja-Jooseppi border crossing point in Finnish Lapland is the only one still open. The checkpoint is also where the government has decided the processing of eastern border asylum applicants will take place.
The other seven crossings will remain closed until at least 23 December, the government said.
The ombudsman noted that Finland has signed international agreements to secure the rights of people to seek asylum and that closing the crossing points seriously jeopardises that possibility.
"The right to seek asylum, the principle of non-refoulement and the ban on collective expulsion are central principles in EU law and the Finnish legal system. If there is no real and effective access to the asylum procedure, there is a clear risk of violation of the principle of non-refoulement and the ban on collective expulsion," said Kristina Stenman, the discrimination ombudsman said in a press release on Friday.
The ombudsman underscored that Finland's laws must be interpreted and implemented so that they do not conflict with international obligations regarding individuals seeking protection.
This week's All Points North podcast asks why Finland has struggled to close the border, and what its obligations are to those seeking asylum.
Listen to the episode via this embedded player, on Yle Areena, Apple, Spotify or wherever you get your podcasts.
The ombudsman said that fundamental and human rights can be limited to some extent when necessary, but that the right to seek international protection must be guaranteed in all circumstances.
The principle of non-refoulement is a right that Finland must observe in all circumstances, the ombudsman's release stated. Non-refoulement ensures the right to life and protects against torture and inhuman and degrading treatment, the release added.
Non-refoulement forbids a signatory nation from returning asylum seekers to a country in which they would potentially face persecution.
"The Border Guard must now ensure that everyone who performs tasks at the border can identify vulnerability and that there are effective processes to allow vulnerable people to enter Finland," Stenman said.
The ombudsman also underscored that the government needs to continuously evaluate its decision to concentrate the asylum applications and to immediately change that decision when the extraordinary measures are no longer needed.
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