In a letter addressed to the Speaker of the Parliament of Finland and several Committee chairpersons, published today, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, expresses concern about the human rights compatibility of the draft law to curb instrumentalised migration and urges against its adoption.
Under the draft Law on Temporary Measures to Combat Instrumentalised Migration, the government could put temporary restrictions on asylum applications, and have migrants who enter the country summarily removed when they consider that migration flows are being instrumentalised by a foreign state.
For the Commissioner, the draft law appears incompatible with the prohibition of refoulement, which is absolute and can never be limited. It also raises issues around the prohibition on collective expulsion and access to effective remedies.
The Commissioner emphasises that the relationship between national security and human rights is not a zero-sum game. Authorities should continue searching for alternative solutions which are compliant with their human rights obligations.
The Commissioner also raises concerns that the draft law, if adopted, would set a worrying precedent for other countries and for the global asylum system.
