Legislation Finland increases the powers of the authorities abroad – lessons were learned from last autumn’s operation in Kabul

Policy|Legislation

Government propose changes to the legislation on granting and requesting international assistance. It is a matter of extending the current legislation and making it clearer.

According to the proposal, which was the subject of a wide-ranging consultation, in the future Finland could send its own authorities abroad in various crisis situations without a separate request for external assistance.

Legislation the changes are based on the events of last August at Kabul Airport. Finland decided to send a Defense Forces protection force to Afghanistan to support the evacuation operation.

The decision was made under the Act on Decision-Making on Requests and Requests for International Assistance.

Read more: Finnish soldiers carrying out an exceptional operation arrived at Kabul airport, the journey took more than 20 hours and required three stopovers

When making the decision, it was noticed that the wording of the law does not reflect the situation where Finland itself has a need to decide on the activities of the Finnish authority abroad. Under current law, an external request from the EU and NATO is needed to provide assistance in the Afghan crisis.

“The scope of the law is being changed. It initially only allows decisions to be taken when there is an explicit request for assistance, ie a request for assistance from outside, ”says the Chief Justice Kaija Suvanto from the Ministry of Foreign Affairs.

“The scope is now being extended so that even without an explicit request from outside, a decision can be made to provide assistance if it is important in Finland’s own interests to act abroad, even in evacuation and hostage situations.”

Is this about about the fact that if there is an evacuation situation abroad, for example, it is freer to send specialists from the Utin Jaeger Regiment to handle the matter?

“Yes, you can say that. At the same time, it has clarified the legislation of sector-specific legislation, such as the police, the Border Guard and consular services from the Ministry for Foreign Affairs, ”says Suvanto.

Amendments are proposed to a number of existing laws.

“For example, if there is a hostage situation and the State Department needs police assistance there, then decision-making and authority will now be allowed for the police to support the State Department in that operation.”

Border Guard Act a change is proposed so that the Border Guard could request assistance in maintaining border security from countries other than the EU and Schengen countries.

“It could be a direct request to another state, like the United States or Britain.”

According to Suvanto, another significant change concerning the Border Guard relates to its current right to provide force assistance only to the police.

“It will be expanded so that the Border Guard can also provide assistance to other Finnish authorities. Support for the Ministry of Foreign Affairs was mainly considered. ”

Cooperation with other states is also proposed to be added to the scope of the law. Such a situation could be, for example, a joint regional control situation with Sweden. A decision on it could be made under the law now being reformed.

Backwater recalls that the starting point is that Finland must act in accordance with international law.

“It means that you can’t just go to the territory of a sovereign state, but you have to have the consent of the state to be able to operate in its territory.”

What if the situation is so confusing that it is not known who will be asked for permission?

“Such a situation could come. In some way, that consent must be constructed. ”

Suvanto says that the original idea was to change the article that mainly restricts Finland’s activities, but the change in the international situation during the winter increased the ambition of the legislative project.

“The wallet became a jacket.”

The bill is to be submitted to Parliament during the autumn session.