UNHCR, the UN Refugee Agency, is closely following developments in Lithuania, where the Parliament has recently adopted amendments to the State Border Law.
In March, UNHCR’s Representation for the Nordic and Baltic Countries analyzed the proposed amendments carefully and provided comprehensive observations and recommendations. Earlier this month, we also had the opportunity to share our concerns on the amendments to the State Border Law with the Parliament of Lithuania.
UNHCR emphasizes that protection does not only need to be available according to the law – it also needs to be effective in practice. In light of the current practices and the situation in the border areas between Lithuania and Belarus – which tragically have resulted in at least two recorded deaths since last year, as well as multiple individuals severely injured – UNHCR remains concerned that the Law authorizes pushbacks and may lead to individuals not being granted effective access to territory and the right to seek asylum.
UNHCR has repeatedly raised concerns about barriers hindering access to asylum and international protection in Lithuania. The adopted amendments do not specify the concrete procedures to be put in place at the borders. We are therefore concerned that these limitations on access to territory and asylum procedures for those who wish to apply may continue as before. Consequently, individuals seeking asylum may still risk being pushed back at the borders, which would constitute a breach of European and international law.
UNHCR reiterates its recommendation to Lithuania that all individuals expressing a wish to seek asylum must be admitted to territory and referred to asylum procedures. Individual procedures should be supported by procedural safeguards to ensure effective and fast access to the asylum process and examination of asylum claims, following admission to territory.
In addition, UNHCR recommends that Lithuania establish an independent monitoring mechanism to oversee the implementation of the border procedures. We stand ready to engage with Lithuania to provide guidance and technical assistance to help develop the necessary border procedures in line with Lithuania’s international obligations.
UNHCR also repeats its clear condemnation of any instrumentalization of refugees and migrants by states in order to achieve political ends – this creates grave risks and only adds to human suffering. All states must uphold their international commitments and respect fundamental human rights.
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