Why Anti-Migrant Pushback Laws are On the Rise in Europe

Summary

Finland's new migration and asylum law, allowing border guards to turn away migrants from Russia, has sparked controversy with human rights groups. The move follows similar 'push back' laws in Europe, prompted by Belarus and Russia's weaponization of migration flows since 2021. Despite legal ambiguity, these laws are gaining popularity, reflecting a potential shift in European migration policy towards prioritizing border control over strict adherence to international law.

Takeaways

• 🇫🇮 On Monday, Finland implemented a new migration and asylum law that empowers Finnish border guards to turn away migrants crossing from Russia.
• 📈 The law was passed with an overwhelming majority in the Finnish Parliament, despite controversy with human rights and refugee groups who argue it violates international law.
• 🔄 Push back laws have been gaining popularity in Europe, particularly in response to the weaponization of migration flows by Belarus and Russia since 2021.
• 🏛️ The European Commission has described Belarus's weaponization of migrants as 'unprecedented,' but coercive migration diplomacy has historical precedents.
• 🚫 Push back laws are controversial as they likely violate the principle of non-refoulement, which forbids states from returning asylum seekers to countries where they may face persecution.
• 🛑 Poland, Lithuania, and Latvia have already declared states of emergency and started fortifying their borders, allowing for push backs in response to the surge of migrants.
• 🚨 The European Court of Human Rights ruled that recipient countries need to provide better support to migrants, but these rulings have been largely ignored.
• 📉 The issue of push backs faded when migrant numbers decreased at the Belarus-EU border in 2022, but it resurged in 2024 with an influx of Middle Eastern and African migrants at the Russia-Finland border.
• 🛑 Finland's new law allows for the turning back of migrants for a year, with exceptions for certain asylum seekers like children or people with disabilities.
• 🗳️ The law was passed with 167 votes for and 31 against, with leftwing and green politicians arguing it violates Finland's human rights obligations.
• 🇪🇺 The EU seems to approve of the law, indicating that member states have the right to define how they protect their external borders, even if it might break international law.

Q & A

What new law did Finland implement on Monday regarding migration and asylum?

Finland implemented a new migration and asylum law that allows Finnish border guards to turn away migrants crossing into Finland from Russia.

How has the new Finnish law been received by human rights and refugee groups?

Human rights and refugee groups argue that the new Finnish law represents a violation of international law and is controversial.

What has been the response to push back laws in Europe over the past few years?

Push back laws have become increasingly popular in Europe, mostly in response to the weaponization of migration flows by Belarus and Russia since 2021.

What actions did Belarus take in retaliation to EU sanctions in 2021?

In retaliation to EU sanctions, Belarus began flying thousands of migrants from the Middle East, including Iraq and Syria, towards the Lithuanian, Polish, and Latvian borders.

What is coercive migration diplomacy, and does it have a history?

Coercive migration diplomacy is the use of migration as a political tool to exert pressure on other countries. It has a long history, with instances dating back to 2010 involving Libya's Muammar Gaddafi.

What measures did Poland, Lithuania, and Latvia take in response to the surge of migrants from Belarus?

In response to the surge, Poland, Lithuania, and Latvia declared states of emergency, started fortifying their borders, and began allowing push backs of migrants.

What is the principle of non-refoulement, and why is it relevant to push back laws?

The principle of non-refoulement is a principle in international refugee law that forbids states to send asylum seekers back to countries where they may face persecution, torture, or degrading treatment. It is relevant to push back laws because these laws likely violate this principle by not evaluating asylum claims before rejection.

How did the European Court of Human Rights rule on the push back practice by Poland and its Baltic neighbors?

The European Court of Human Rights ruled that recipient countries needed to provide better support to migrants coming over from Belarus, but the rulings were largely ignored.

What actions did Finland take in response to the arrival of migrants at the Russia-Finland border?

Finland initially responded by closing its border. When the number of migrant arrivals did not decrease, the Finnish government proposed a new law allowing border guards to turn back migrants arriving along the border.

What is the stance of the EU and its member states on the new Finnish law?

The EU and its member states, particularly the leaders of the Baltic countries, seem to support the new Finnish law, even if it might break international law, as they believe member states have an obligation to protect their external borders.

What does the EU's new migration pact, set to enter force in 2026, include regarding push backs?

The EU's new migration pact includes provisions that basically allow member states to engage in push backs during times of emergency or when migration flows are being weaponized by third countries.

Outlines

00:00

🏛️ Finland's New Migration Law and Controversy

Finland has enacted a new migration and asylum law that empowers its border guards to repel migrants from Russia. Despite the law's popularity and overwhelming parliamentary support, it has drawn criticism from human rights and refugee organizations who believe it contravenes international law. The legislation is part of a broader trend in Europe towards 'push back' laws, which have gained traction as a response to the strategic use of migration by Belarus and Russia since 2021. This video will explore the reasons behind these laws, their contentious nature, and their potential impact on European migration policy. The EU's reaction to Belarus's tactics, which involved flying migrants from the Middle East to the borders of Lithuania, Poland, and Latvia, is also discussed, highlighting the political and legal complexities involved in addressing this form of 'coercive migration diplomacy'.

05:01

🌍 International Law and European Migration Policy Shifts

This paragraph delves into the complexities of international law in the context of migration, particularly focusing on the recent 'push back' law in Finland and its implications for asylum seekers. The law, which allows for the return of migrants along the Russia-Finland border for a year, has been criticized for potentially violating the principle of non-refoulement, which prohibits the return of individuals to countries where they may face persecution. The Finnish government's response to an influx of Middle Eastern and African migrants, allegedly orchestrated by Russia as part of a hybrid warfare campaign, is examined. The video also touches on the broader European perspective, with the EU signaling approval for such measures, even if they might conflict with international law. The EU's new migration pact, set to enter force in 2026, includes provisions for push backs during emergencies or when migration flows are weaponized by third countries, suggesting a prioritization of immigration control over strict adherence to international law in certain situations.

Keywords

💡Migration and Asylum Law

The Migration and Asylum Law refers to the legal framework governing the movement of people across borders and the rights of asylum seekers. In the video's context, it specifically highlights the new law in Finland that allows border guards to turn away migrants from Russia, reflecting the video's theme of changing immigration policies in response to geopolitical events.

💡Push Back Laws

Push Back Laws are regulations that permit border authorities to forcibly return migrants to the country they arrived from without processing their asylum claims. The video discusses how these laws have become popular in Europe, particularly in response to the weaponization of migration flows, and how they are controversial due to potential human rights violations.

💡Human Rights Groups

Human Rights Groups are organizations that advocate for the protection and promotion of human rights. In the script, these groups argue against the new Finnish law, claiming it violates international law and the principle of non-refoulement, which is a central issue in the video's discussion of the balance between national security and human rights.

💡Non-Refoulement

Non-Refoulement is a principle of international law that prohibits the return of refugees to a country where they would face persecution, torture, or inhumane treatment. The video explains that push back laws likely violate this principle, as they may force asylum seekers back to unsafe countries without proper evaluation of their claims.

💡Weaponization of Migration

Weaponization of Migration refers to the strategic use of migration as a political tool to exert pressure on other countries. The video script describes how Belarus and Russia have allegedly used this tactic against the EU, which has prompted some European countries to adopt push back laws as a response.

💡EU Sanctions on Belarus

EU Sanctions on Belarus were imposed by the European Union in response to the alleged fraudulent presidential election and subsequent human rights abuses in Belarus. The video explains that these sanctions escalated tensions and contributed to Belarus's alleged weaponization of migration as a form of retaliation.

💡Coercive Migration Diplomacy

Coercive Migration Diplomacy is a term used to describe the use of migration as a bargaining chip in international relations. The video script mentions this concept in the context of historical examples, such as Libya's threat to send migrants to Europe unless financial demands were met, illustrating the broader theme of migration as a tool in geopolitical conflicts.

💡States of Emergency

In the video, Poland, Lithuania, and Latvia declared states of emergency in response to a surge in migrants, which allowed them to take extraordinary measures, including the fortification of borders and the implementation of push back policies. This term is key to understanding the drastic actions taken by these countries in the face of perceived threats to national security.

💡European Court of Human Rights

The European Court of Human Rights is an international court responsible for enforcing the European Convention on Human Rights. The video mentions that this court ruled on the issue of push backs, indicating the complex interplay between national laws and international human rights obligations in the context of migration.

💡Hybrid Warfare

Hybrid Warfare is a military strategy that combines conventional warfare tactics with non-conventional methods, such as cyberattacks or the use of proxies. The video suggests that Russia may be engaging in a form of hybrid warfare by allegedly sending migrants to the Russia-Finland border as a response to Finland's NATO accession.

💡NATO Accession

NATO Accession refers to the process by which a country joins the North Atlantic Treaty Organization. The video discusses how Finland's decision to join NATO may have prompted Russia to use migration as a form of retaliation, highlighting the interconnectedness of military alliances and migration policies.

Highlights

Finland implemented a new migration and asylum law allowing border guards to turn away migrants from Russia.

The law is popular in Finland but controversial among human rights and refugee groups due to potential violation of international law.

Push back laws are gaining popularity in Europe in response to the weaponization of migration flows by Belarus and Russia.

Belarus began flying in migrants from the Middle East to the EU borders as a form of retaliation against EU sanctions.

Push back practices have a history, with examples from Libya, Turkey, and Morocco using coercive migration diplomacy.

Poland, Lithuania, and Latvia declared states of emergency and started allowing push backs in response to Belarus' actions.

Push backs are controversial as they likely violate the principle of non-refoulement in international refugee law.

The EU's new migration pact includes provisions for push backs during emergencies or when migration is weaponized by third countries.

Finland's new law allows turning back migrants along the Russia-Finland border, with exceptions for children and disabled individuals.

Finland claims Russia is sending migrants as part of a hybrid warfare campaign in retaliation for Finland's NATO accession.

The Finnish law was passed with an overwhelming majority but faced criticism from leftwing and green politicians.

The EU seems to approve of Finland's law, indicating a shift towards prioritizing border control over strict adherence to international law.

The European Commission suggests member states have the right to define how they protect their external borders.

The episode highlights the influence of politics on the efficacy of international law, especially when it's unenforceable.

TLDR's physical magazine 'Too Long' offers in-depth journalism on topics like the UK general election and the US election.

Support for TLDR's journalism helps improve the business and allows for more free content on YouTube.

The magazine offers both standard and premium editions, with the premium edition including subscriber benefits.

Transcripts

on Monday Finland implemented a new

migration and Asylum law that allows

Finnish border guards to turn away

migrants Crossing into Finland from

Russia while the law is popular in

Finland and passed with an overwhelming

majority in the Finnish Parliament it's

proved controversial with human rights

and Refugee groups who argue that it

represents a violation of international

law nonetheless despite their legal

ambiguity push back laws have become

increasingly popular in Europe over the

past few years mostly in response to the

weaponization of migration flows by

bellarus and Russia since 2021 so in

this video we're going to have a look at

these new push back laws why they're

controversial and why they might still

represent the future of European

migration

[Music]

policy before we start if you haven't

already please consider subscribing and

ringing the bell to stay in the loop and

be notified when we release new

videos so to understand why Finland and

other European countries are turning to

push back laws you need to know a bit

about how bellarus and Russia have been

trying to weaponize migration against

the EU for the past few years this story

really begins in 2020 when the EU

imposed sanctions on Belarus after

incumbent Alexander lucenko apparently

rigged the presidential election

sparking massive anti-government

protests during the subsequent Crackdown

multiple protesters were killed by the

authorities and many more apparently

tortured the sanctions escalated after

Belarus intercepted a commercial

airplane in May 2021 in order to arrest

opposition activist Roman pavich and his

girlfriend sfia seega this sparked a

furious reaction from lucenko and in

July 2021 he threatened to quote flood

the EU with drugs and migrants in August

2021 the belarian government began

flying thousands of migrants in from the

Middle East including Iraq and Syria

before sending them towards the lvan

Lithuanian and polish borders ban border

guards provided the migrants with wire

cutters to help them through the border

and abused those that didn't make it

into the EU interestingly while the

European commission at the time

described belarus's weaponization of

migrants here as quote unprecedented

what sometimes euphemistically described

as coercive migration diplomacy has a

long history in 2010 Libyan leader muama

Gaddafi threatened to send quote

millions of Africans to Europe unless

the EU coughed up at least 5 billion EUR

a year in 2020 turkey unilaterally

suspended the EU turkey migration deal

after the EU refused to pay more money

sending 20,000 migrants to the Greek

Border in 2021 just a couple of months

before the belarian crisis Morocco

apparently sent roughly 8,000 migrants

to the Spanish exclave of seuta

following a diplomatic dispute over

Spain's medical treatment of Brahim gy

leader of the polisario front in Western

Sahara anyway in response to the surge

in numbers Poland Lithuania and lvia

declared states of emergency and started

fortifying their borders they also All

Began allowing push backs in other words

allowing border guards to forcibly push

migrants back to the country they came

from in this case Belarus both a

domestic polish court and the European

Court of human rights which is

responsible for enforcing the European

convention and human rights ruled that

recipient countries needed to provide

better support to migrants coming over

from belus

but the rulings were basically ignored

push backs are controversial here

because they most likely violate the

principle of non-real a principle

enshrined in international Refugee law

that forbids states to send Asylum

Seekers back to countries where they may

face persecution torture or degrading

treatment in practice this means that

Asylum claims have to be at least

evaluated before being rejected they

can't just be turned back especially

given that neither Belarus nor Russia

are obviously safe countries now this

isn't the first time that European

states have been accused of resorting to

push backs human rights groups have

previously highlighted allegations of

push backs in the aian sea along the

Spanish Moroccan border as well as along

the eu's external Border in the Balkans

nonetheless the laws passed in Poland

and its Baltic neighbors represented the

first formalization of this practice and

the number of push backs far exceeded

anything EU had seen before the issue

sort of faded away when the number of

migrants turning up at the bellarus EU

border fell in 2022 but started Rising

again in 2024 at about the same time a

large number of Middle Eastern and

African migrants began turning up at the

800m long Russia Finland border

according to the Finnish government

these migrants were sent there by Russia

as part of a retaliatory hybrid Warfare

campaign in response to finland's

accession to Nato Finland originally

responded by just closing its border but

after the number of Migrant arrivals

didn't fall back to normal levels The

Finnish government proposed new law that

would allow Finnish border guards to

turn back migrants arriving along the

border the law would be in effect for a

year during which time only certain

Asylum Seekers such as children or

people with disabilities will be allowed

to seek protection while the law was

eventually passed by an overwhelming

majority with 167 MPS voting for it and

just 31 voting against it leftwing and

green politicians argued that it was a

violation of finland's Human Rights

obligations left Alliance leader Lee

Anderson for instance who led her party

to a remarkable second place at the

European Parliament elections earlier

this year denounced the bill as a

deportation law and reacted to its

passage with a statement saying it is a

sad day for finland's rule of law and

human rights nonetheless the law seems

to be popular inside Finland and Finnish

President Alexander stub claimed last

week that the law has the support of

other EU countries after the European

political community meeting in the UK

telling reporters many people came to

say that the instrument looks good

especially the leaders of the Baltic

countries and it may be that they go out

and copy it the EU has also signal that

they approve of the law even if it might

break international law a European

commission spokesperson told journalists

last week that member states have an

obligation to protect their external

borders they're the one's best place to

Define how they do this in practice this

shouldn't come as much of a surprise

given that Von Delan spent a lot of time

talking about the risks of weaponized

migration

and that the eu's new migration pact

agreed this year and set to enter force

in 2026 introduced Provisions that

basically allow member states to engage

in turn backs during times of emergency

or when migration flows are being

weaponized by Third countries ultimately

this episode demonstrates that the

efficacy or strength of international

law often depends on politics in many

cases appeals to international law don't

work if the law doesn't enjoy broad

support in the political community

or if it's unenforceable as we're seeing

with Israel and Gaza it seems as if

there's an emerging consensus in Europe

that if international law is

interpreters as requiring member states

to evaluate every Asylum claim that

turns Up On the Border this is simply

too demanding in an era of weaponized

Mass migration we're not saying that we

endorse this take by the way but the

fact that deao Provisions for push backs

were included in the eu's new migration

pact does at least suggest that most of

the European Parliament and probably

most of Europe now think that

controlling immigration is more

important than a binding by

international law at least in its most

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