On the morning of March 17, the State Border Committee of Belarus announced via its Telegram channel that the Pāternieki border crossing on the Latvian border had been closed for nine hours at the initiative of the Latvian side. According to the Committee, the reason for the sudden and uncoordinated closure of traffic was “a group of Africans traveling to the European Union with valid documents.” After crossing the Belarusian-Latvian border, the Latvian border service denied entry to ten foreigners, forcing them to return to Belarus.
Latvian media discussed the situation with the head of the Latvian State Border Guard. According to his statement, the border checkpoint was closed due to the arrival of a group of foreigners who, according to Latvian border guards, intended to “illegally cross the border.” The border guards also assumed that the flow of foreigners might increase and decided to immediately shut down the checkpoint. Its operations resumed only after the foreigners returned to Belarus.
On March 18, the Latvian border service proposed that the government introduce a temporary ban on crossing the border with Belarus and Russia on foot or by bicycle, allowing crossings only by vehicle. Furthermore, the head of the Border Guard highlighted the possibility of a complete closure of the Pāternieki checkpoint—the last operational border crossing checkpoint between Latvia and Belarus—following the closure of the Silene checkpoint in 2023 due to increasing irregular migration.
Notably, Latvian authorities did not clarify what documents the foreigners arriving at the border possessed or whether they had expressed an intention to seek international protection in Latvia. It also remains unclear what is meant by an attempt at “illegal border crossing,” given that the individuals arrived at an official checkpoint and did not violate any regulations while present there.
Latvian legislation does not provide clear definitions of “illegal border crossing” or “illegal entry.” However, Latvia is a signatory to the 1951 UN Refugee Convention, which obligates states to make exceptions for individuals fleeing persecution, even if they cross borders in violation of standard regulations.
Additionally, the EU Directive on common procedures for granting and withdrawing international protection, as well as Latvia’s Asylum Law, stipulates that foreign nationals may apply for asylum at any official border checkpoint in Latvia. No valid visa, travel documents, or residence permit is required for this. Moreover, authorities at border crossings are obligated to identify potential asylum seekers and inform them of their right to apply. Foreign nationals present at the border or in transit zones are entitled to:
- Access to information and translation services to facilitate their asylum application;
- Consultations with relevant organisations or legal professionals, whom the state must grant access to border checkpoints;
- Dignified living conditions and protection from unlawful detention.
We call on the Latvian authorities to uphold their international obligations and ensure the right to apply for asylum for all those seeking protection, in accordance with the UN Refugee Convention and EU law. Latvia must end the practice of forced returns of migrants without proper consideration of their claims and ensure transparency in the actions of border services.
We also urge the Belarusian authorities to guarantee the safety of foreigners stranded in the country after being denied entry into Latvia and to facilitate access to international protection in Belarus for those in need.