Table of Contents
Amnesty International Condemns Proposed Legal Amendments in Latvia to Enshrine Unlawful Practices at the Border
Introduction
Amnesty International’s Europe Director, Nils Muižnieks, has strongly condemned the upcoming vote in Latvia‘s parliament on legal amendments that would effectively codify in domestic legislation the problematic practice of unlawful and often violent returns at the border. These proposed amendments have raised concerns about the country’s adherence to international human rights law and its obligations towards refugees and migrants. Muižnieks argues that the attempt to normalize such practices is abhorrent and must be rejected.
Violation of Human Rights and International Obligations
According to Muižnieks, if the proposed amendments are passed, Latvian authorities would be trampling on the rights of refugees and migrants, as well as on the country’s own international obligations. By legalizing the forcible return of individuals without giving them an opportunity to have their individual circumstances considered, the amendments disregard the principle of non-refoulement and the right to seek asylum.
A Farce of Emergency Powers
Muižnieks further criticizes the proposed introduction of an “enhanced” border regime, which he labels as yet another farcical abuse of Latvian authorities’ emergency powers. Rather than facilitating access to protection at the borders, the proposal would empower the authorities to further lock down the border, including suspending the operation of border crossing points where individuals could seek safety. This approach creates a concerning hurdle for those in need of assistance and protection.
A Regional Trend Encouraged by Failures of the European Commission
Amnesty International highlights that the proposed amendments in Latvia follow similar legal changes recently enacted in Lithuania. This regional trend is alarming and raises questions about the failure of the European Commission to ensure that states respect the principle of non-refoulement and the right to seek asylum. The lack of strong oversight and enforcement by the European Commission has seemingly allowed for a negative regional trend that undermines the values and principles the European Union is founded upon.
The Legal Amendments in Question
The vote in Latvia‘s parliament will consider amendments to the State Border Law and the Border Guard Law. The proposed amendments to the State Border Law would grant the Cabinet of Ministers the power to trigger an “enhanced” border protection regime when there is a disproportionately large number of illegal crossings or attempted crossings. In determining what constitutes “disproportionately large,” even as low as 15-20 people per day for 10 consecutive days could qualify. Amnesty International expresses concerns about the arbitrary nature of this provision.
The proposed amendment to the Border Guard Law would introduce new powers for the authorities to “prevent” irregular entries at the border at all times, even through the use of force. This provision directly violates the principle of non-refoulement and the right to seek asylum. While the proposal vaguely mentions the existence of “objectively defined circumstances” allowing for a person’s immediate entry, the lack of clarity and adequate definition raises concerns about the fairness and effectiveness of these provisions.
Conclusion and Editorial
The proposed legal amendments in Latvia, along with similar measures in Lithuania, mark a troubling regional trend that prioritizes border control over the protection and rights of refugees and migrants. Amnesty International’s condemnation of these amendments highlights the urgent need for greater oversight and enforcement by the European Commission to ensure that member states respect human rights and international obligations.
While security concerns and the management of migration are valid issues, the proposed amendments in Latvia appear to be misguided and in violation of core principles of human rights law. Striking a balance between border control and the humane treatment of individuals seeking refuge is crucial, and states must be held accountable when their policies and legislation undermine these fundamental values.
By rejecting the proposed amendments, Latvia would not only reaffirm its commitment to human rights but also set an example for other countries considering similar measures. It is essential for the European Commission to act swiftly and ensure that member states adhere to their obligations under international law. The principle of non-refoulement and the right to seek asylum must not be compromised or diluted for the sake of border control measures.
Advice to Latvia and the European Commission
1. Latvia should reject the proposed amendments and prioritize finding alternative solutions that uphold human rights standards while addressing security concerns.
2. The European Commission should strengthen its oversight and enforcement mechanisms to prevent member states from enacting legislation that violates human rights and international obligations.
3. Collaboration and dialogue between member states should be encouraged to develop a comprehensive approach to migration that respects the dignity and rights of individuals while addressing legitimate security concerns.
4. The United Nations and human rights organizations should continue to monitor and condemn any measures that undermine the rights of refugees and migrants, and highlight the importance of upholding international obligations.
5. Public awareness and education campaigns can help dispel misconceptions and promote understanding and compassion towards refugees and migrants, fostering a more inclusive and empathetic society.
<< photo by Jack French >>
The image is for illustrative purposes only and does not depict the actual situation.