Conversion law | The border guards will have the right to send immigrants back, but they fear the consequences: “We cannot accept”

Border guards The trade union Border Security Union is concerned about the legal protection of border guards, if the “conversion law” under consideration by the parliament comes into force.

In May, the government sent a proposal on the emergency law to the parliament, which drew a lot of criticism. The purpose of the law is to influence Finland by a foreign state by abusing immigrants.

While the exception law is in force, it would not be possible to apply for asylum in certain areas on or near the national border. The exception would be particularly vulnerable persons such as children, the disabled and people who are at risk of being subject to, for example, torture or the death penalty.

With the exception law, border guards may find themselves in difficult situations. They may have to consider who meets the criteria and who doesn’t. This can be very difficult, especially in terrain.

The border guards demand precise instructions on the matter, says the chairman of the Border Security Union Erkki Hirvonsalo.

According to him, the bill does not define, for example, what degree of disability enables one to apply for asylum in a place where it is not possible for others. Estimating the age of, for example, teenagers and young adults is also challenging.

Border Security Union previously hoped that the decision on the vulnerable position would be made by a higher-ranking border official – a general manager or an officer of at least the rank of lieutenant. Minister of the Interior Mari Rantanen (ps) according to this is not realistic.

Border guards’ legal protection worries Hirvonsalo.

“It’s not conversion, it’s removal from the country. It is not an administrative decision, so no administrative appeal can be made. But you can always make a complaint about an official. And if a complaint is made, the civil servant is responsible for what he has done in his official duties,” he says.

“If that responsibility [kenellä on toimivalta] cannot be legislated, there should be such an instruction, the responsibility of following which is not on the official, but on the author of the instruction. We cannot accept that the official does everything within the framework of the law and according to the instructions, but still he would have to answer if there was a complaint about his work. The responsibility must be higher. For the one who drew up the instructions.”

Hirvonsalo states that the trade union is in favor of changing the legislation, as the current legislation does not give the border authorities the tools to combat so-called instrumentalized immigration. The current solution is to keep the eastern border closed, which causes other harm.

The bill has been criticized as being against the constitution and international agreements. Has the ethics of the law been discussed among the border guards?

Hirvonsalo states that the trade union has not conducted a member survey on the matter.

“But if I work according to the letter and instructions of the law, the civil servant can’t start thinking about ethics there anymore. Ethical assessments must already be made in the parliament, which enacts the laws,” he says.

Border Security Union also supports the amendment to the conscription law that is being prepared, which would enable reservists to be assigned to the border to support professional border guards in urgent situations where border security could be compromised.

These situations could also be related to, for example, Russia’s efforts to influence, where it directs many migrants to the border with Finland.

Only reservists who have completed their conscript service at the Border Guard could be assigned to the border.

According to Hirvonsalo, it is good if more pairs of hands are available to help the border guards if necessary.

“But what the reservists can do must be strictly regulated. And before they come there, they have to have their education in order,” he says.