In 2022, the EU announced plans to fund a new detention unit within the grounds of a Temporary Reception Centre near Bosnia’s north-western border with Croatia. In recent months, however, significant confusion and controversy has emerged surrounding the centre. […]
13 January 2021 – Bosnia and Herzegovina
The controversial Lipa migrant camp was destroyed by a fire in late December, leaving some 1,400 men homeless. The fire was reportedly started by residents of the camp, many of whom had already begun moving out due to the poor living conditions there. IOM’s Chief of Mission in Bosnia and Herzegovina (BiH) told InfoMigrants: “Suddenly […]
28 August 2020 – Bosnia and Herzegovina
Amidst rising xenophobic sentiment in the country (see 29 April update on this platform), in mid-August residents of Velika Kladusa (in the Krajina region, on the Bosnian-Croatian border) staged a protest to denounce purported assaults by foreigners on local civilians. The protestors reportedly blocked a road leading to an asylum seeker reception centre. During the […]
22 July 2020 – Bosnia and Herzegovina
According to the Bosnia and Herzegovina Institute of Human Rights (Ombudsman), responding to the Global Detention Project’s Covid-19 survey, the country did not establish a moratorium on new immigration detention orders, nor did it consider establishing one. The Ombudsman reported that no immigration detainees were released from detention, except those who were returned to the […]
29 April 2020 – Bosnia and Herzegovina
As public attitudes towards migrants and refugees reportedly deteriorate across Bosnia and Herzegovina, the country’s Security Minister suggested on 23 April that non-citizens should be deported from the country. Alleging that they pose too great an economic burden during the pandemic – as well as a security threat – the Minister said that he would […]
03 April 2020 – Bosnia and Herzegovina
According to the UN, although the number of COVID-19 cases in Bosnia and Herzegovina is still considered manageable (under 500 as of 1 April) “the infection rate is rising fast and is expected to peak in the coming weeks. The authorities have taken measures to prevent the spread of the disease nationwide, such as curfews […]
Last updated: October 2019
Bosnia and Herzegovina operates one dedicated immigration detention centre, near Sarajevo, which has been criticized for having inadequate conditions, including use of solitary confinement, lack of access to recreation, no provision of legal aide, and failure to undertake age assessments. The country is also notorious for the terrible conditions at its reception centres, which the UN Special Rapporteur on the human rights of migrants called “inhuman” after his visit to the country in October 2019.
Detention legal framework
According to the Special Rapporteur’s end of visit statement in October 2019[1]:
“The Law on Foreigners of 2015 upholds the principles of non-refoulement and non-discrimination. It also prohibits collective expulsion. Under the current normative framework, irregular entry and stay are not considered criminal offences. Immigration detention is not used in connection with irregular entry into the country or breaching the conditions of stay. Once an expulsion decision is adopted, irregular migrants are allowed to leave the country voluntarily within the deadline for execution.
“Provided by the Law on Foreigners, detention is only used as a last resort for as long as deportation or extradition proceedings are in progress. Detention cannot be imposed for a period longer than 90 days. Exceptionally, this decision can be extended up to another maximum 90 days. If the migrant cannot be removed to a third safe country, then the detention could last up to 18 consecutive months, and afterwards a measure of restricted movement to a specific area or location with an obligation to report can be applied. This could be the case for countries with which BiH has not signed readmission agreements, such as Afghanistan, Algeria, Pakistan and Syria.”
Detention centre
According to the Special Rapporteur’s end of visit statement in October 2019[2]:
“I visited the immigration detention facility and was disturbed by several issues I found there. On the day of my visit, one migrant was put in solitary confinement through an administrative decision for a period of 7 days because of violent behaviour. At least 2 migrants detained at the facility claimed to be minors and that their claims had allegedly been dismissed by relevant authorities without any age assessment. I also learned that some detainees were deprived of outdoor activities for over months. Detainees at the facility virtually do not have access to free legal aid. Information on how to request legal aid was not provided. I encourage competent monitoring bodies to conduct regular visits in order to prevent and protect migrants deprived of liberty from any human rights violations.”
Unaccompanied and separated children
According to the Special Rapporteur’s end of visit statement in October 2019[3]:
“Nearly 20% of the people on the move in BiH are children, among which more than one third are unaccompanied minors. In addition to the lack of adequate reception condition for minors, especially unaccompanied and separated minors, I have observed several other issues of concern during my visit. First, the Ministry of Security does not conduct age assessment. The age of the applicant is systematically taken as claimed without any evaluation. There are cases of unaccompanied minors who claimed to be older than their real age in order to be accommodated with adults for various reasons, including trying to get closer to sources of information about smugglers or smuggling routes. The lack of age assessment may result in minors being exposed to manipulation, exploitation and other abuses.
“I have also learned about a worrying trend of “pretending families”. Due to the lack of accommodation, many single men are left outside reception centres. There are over 40 cases of single men pretending to be family of an unaccompanied child in order to access services and abandon the child afterwards.
Migrant children, including asylum-seeking children, are not provided with family-based care, e.g. foster care, or community-based care, independent living units or other alternatives. There is hardly any shelter or safe house for child victim of violence or abuse except one shelter in Bihac run by a local NGO. Unaccompanied children face difficulties in timely obtaining access to guardians, as provided for them by law, which further delays their access to asylum procedure. In addition, the process of determining the best interest of the child is flawed. The centres for social assistance and welfare need to improve their working methods to avoid unnecessary delays in providing migrant children with the necessary protection.”
Reception centres
“Migrants including asylum seekers in BiH are generally accommodated in open reception centres. There are 2 official reception centres for asylum seekers in BiH. In response to the influx of migrants, 5 temporary reception centres have been established through the funding of the European Union. More precisely, Usivak reception centre is jointly run by SFA and IOM since the beginning. The other 4 temporary reception centres are initially managed by IOM while the takeover procedures are ongoing. All reception centres receive operational support from a number of UN agencies and civil society organizations. All 5 temporary reception centres are located in the Federation of BiH.
“I visited 6 reception facilities and I am most impressed by the efforts made by staff of UN agencies and civil society organizations to create dignified, child friendly and gender sensitive living conditions for families with children as much as resources allow. In Sedra and Borici temporary reception centres, there are a wide range of activities and services provided to the families living there. However, in general terms, existing reception capacities for migrants including asylum seekers and the condition of some reception centres do not meet the current needs. There is a lack of appropriate alternative housing for unaccompanied or separated children and victims of abuse and exploitation. For instance, due to lack of alternatives, Bira temporary reception centre, designed for accommodating single men, is currently housing mixed populations of single men, unaccompanied minors, and families with children. While I note with appreciation that UN agencies as well as civil society organizations are providing a wide range of educational, psychosocial and legal services to the children living there, the living conditions in the centre are not adequate or suitable for children. Although families with children and unaccompanied minors are lodged at designated areas, the lack of possibility to fully separate different populations increases protection risks. Although victims of gender based violence and other abuses have been identified in different centres, due to lack of safe houses available in BiH, victims can not be effectively separated from the alleged perpetrators.
“Vucjak site. Throughout 2018 and 2019, there has been a big discrepancy between the maximum capacities for accommodation in reception centres and the estimated number of migrants including asylum seekers in the country. Besides those accommodated in private houses and civil society-run accommodations, a great number of individuals have stayed without shelter, mostly in Una-Sana Canton. While individuals have different protection needs, no one should be left behind. Since June 2019, the Bihac local authorities have decided to relocate migrants including asylum seekers staying outside reception centres to Vucjak site. This decision was later endorsed by relevant authorities at the State level. Vucjak site is located very close to landmine-infected areas and there is a high fire and explosion risk as the site was formerly a landfill.
“On the day of my visit to Vucjak, I learned that there were approximately 800 adult men and around 20 minors. Migrants at the site mainly come from Pakistan, Afghanistan and Iran. Many of them were escorted to the site by the local police. There is no running water. Drinking water is provided by the city and 2 meals a day delivered by the Red Cross in Bihac. The condition of the site is inhuman. There is no electricity, very few sanitation facilities, no warm water for shower and no medical care. I concur with the assessment made by the United Nations Country Team on the site and share my concerns over the significant safety and health risks at Vucjak. The location of the site is absolutely inappropriate and inadequate for accommodating human beings. I hereby urge the Government of Bosnia and Herzegovina to cease forcible escorting of migrants to this site and urgently identify an alternative location to accommodate these migrants, prioritizing minors. In addition, as winter is approaching, to avoid any loss of life, there is a pressing need for the authorities to identify additional accommodation for single men who are currently without shelter. I want to stress that there are shared responsibilities of authorities at different levels. The State level authorities should play a key role in this regard.”
________________________________
[1] UN Special Rapporteur on the human rights of migrants, “End of visit statement,” 1 October 2019, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25088&LangID=E
[2] UN Special Rapporteur on the human rights of migrants, “End of visit statement,” 1 October 2019, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25088&LangID=E
[3] UN Special Rapporteur on the human rights of migrants, “End of visit statement,” 1 October 2019, https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25088&LangID=E
DETENTION STATISTICS
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
SOCIO-ECONOMIC DATA & POLLS
LEGAL & REGULATORY FRAMEWORK
Bilateral/Multilateral Readmission Agreements
GROUNDS FOR DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
Description of Foreign Assistance
In November 2022, the EU’s Neighbourhood and Enlargement Commissioner announced an EUR 500,000 agreement between the Bosnian government and IOM, financed by the EU, for the construction of a detention area at Lipa Camp. In January 2023, observers reported that several containers had been set up, separated from the rest of the Lipa facility by wire fence. In June 2023, however, Prime Minister Mustafa Ruznic of the Una-Santon Canton, where Lipa is located, announced that construction of the facility had been halted.
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOs)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2012
2012
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2012
2012
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2008
2008
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2002
2002
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2002
2002
ICRMW, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
1996
1996
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1993
1993
Ratio of relevant international treaties ratified
Ratio: 19/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966
1995
1995
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999
2002
2002
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008
2012
2012
Relevant Recommendations or Observations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child
§ 44. "With reference to general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin and joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee urges the State party to immediately:
(a) Take all necessary measures to implement the Law on Asylum (2016) to ensure that asylum-seeking children have access to safe accommodation, health-care services, psychosocial support and education, ensuring equal access for children outside reception centres;
(b) Appoint, in a timely manner, a competent guardian who has the necessary expertise in dealing with and supporting unaccompanied and/or separated children in line with best interests assessments conducted on an individual basis;
(c) Avoid all forms of detention of asylum seekers and migrants under the age of 18 and families with children and consider all possible alternatives to detention;
(d) Provide sufficient human, technical and financial resources to increase the capacity and improve the conditions of government-run reception centres to accommodate migrant and asylum-seeking children, including unaccompanied children, and ensure that the services provided by the reception centres are child-friendly and age-appropriate;
(e) Regularly monitor health and hygiene conditions in reception centres and facilities or places accommodating asylum-seeking and refugee children and ensure the provision of primary and secondary health-care services;
(f) Develop campaigns to counter hate speech against asylum seekers and refugees, particularly children, and ensure the investigation, prosecution and punishment of perpetrators."
2019
2019
2019
Committee on the Rights of the Child
§ 44. With reference to general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin and joint general comments No. 3 and No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families/No. 22 and No. 23 (2017) of the Committee on the Rights of the Child on the human rights of children in the context of international migration, the Committee urges the State party to immediately: (a) Take all necessary measures to implement the Law on Asylum (2016) to ensure that asylum-seeking children have access to safe accommodation, health-care services, psychosocial support and education, ensuring equal access for children outside reception centres; (b) Appoint, in a timely manner, a competent guardian who has the necessary expertise in dealing with and supporting unaccompanied and/or separated children in line with best interests assessments conducted on an individual basis; (c) Avoid all forms of detention of asylum seekers and migrants under the age of 18 and families with children and consider all possible alternatives to detention; (d) Provide sufficient human, technical and financial resources to increase the capacity and improve the conditions of government-run reception centres to accommodate migrant and asylum-seeking children, including unaccompanied children, and ensure that the services provided by the reception centres are child-friendly and age-appropriate; (e) Regularly monitor health and hygiene conditions in reception centres and facilities or places accommodating asylum-seeking and refugee children and ensure the provision of primary and secondary health-care services; (f) Develop campaigns to counter hate speech against asylum seekers and refugees, particularly children, and ensure the investigation, prosecution and punishment of perpetrators.
2019
2019
2019
Committee on Migrant Workers
§34 [... ]the Committee recommends that the State party:
(a) Ensure that administrative detention in immigration centres is used only as a measure of last resort, including for migrant workers and members of their families in an irregular situation;
(b) Provide information in its next periodic report on the effectiveness of the measures taken to ensure that all immigration facilities provide adequate basic services, including food, health care, hygiene and access to outdoor areas, as well as the number of cases and the maximum period of immigration detention imposed in practice on migrant workers and members of their families awaiting expulsion.
§60 Reiterating its previous recommendations (CMW/C/BIH/CO/2, paras. 22 and 46), the Committee recommends that the State party:
(a) Take the measures necessary to ensure that any bilateral or multilateral agreement on migration, as well as its implementation, is in conformity with the Convention, and in particular that such an agreement include appropriate procedural guarantees to prohibit the return, expulsion or deportation of migrant workers to their countries of origin or to third countries in which their right to life or physical integrity may be violated, in which the principle of non- refoulement is not respected or in which torture and other cruel, inhuman or degrading treatment or punishment is not prohibited ;
(b) Promote voluntary return, including by providing information thereon, bearing in mind that for the return to be qualified as voluntary it has to be a fully informed decision taken without constraints and backed by the availability of sufficient valid alternatives, such as temporary permits for work or study or humanitarian purposes or opportunities for obtaining permanent residence or nationality. Such a decision cannot be said to be voluntary if a migrant decides to return to avoid, among other things, expulsion or detention, escape abusive or exploitative situations in destination or transit countries or avoid the deprivation of his or her socioeconomic rights in the country of destination;
(c) Implement the readmission agreement with the European Community in compliance with the provisions of the Convention and provide the Committee with information on its implementation in its next periodic report;
(d) Take effective measures to facilitate, in accordance with the principles of the Convention, the durable reintegration of returning migrant workers and members of their families into economic, social and cultural life in the State party, as provided for in article 67 of the Convention;
(e) Ensure gender-responsive support for the return and reintegration of migrant workers and members of their families in order to address the specific physical and mental health needs of those who have experienced violence, abuse and sexual exploitation, particularly for women who have been trafficked.
§65 The Committee requests the State party to provide, within two years (that is, by 1 October 2021), written information on the implementation of the recommendations contained in paragraph 34, on due process, detention and equality before the courts; paragraph 36, on expulsion; paragraph 46, on birth registration and nationality; and paragraph 62, on trafficking in persons, smuggling of migrants and irregular migration.
2019
2019
2019
Committee on the Elimination of Racial Discrimination
30. The Committee recommends that the State party:
(a) Increase its reception capacity in order to accommodate all asylum seekers and ensure that they have access to basic services;
(b) Address shortcomings of its asylum procedure to guarantee that all persons intending to apply for asylum are able to do so and benefit from procedural legal safeguards, including information on their rights, and the provision of free legal aid and interpretation services;
(c) Ensure that a decision to use the accelerated procedure is well evaluated, respects all legal safeguards and does not result in a violation of the principle of non- refoulement ;
(d) Provide unaccompanied minors with guardians at all stages of the asylum procedure;
(e) Consider the detention of asylum seekers as a measure of last resort;
(f) Pursue its efforts to implement the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
2018
2018
2018
Committee against Torture
§29 The State party should ensure full protection from refoulement by establishing the necessary legal and administrative safeguards and remedies in forced return procedures and thereby guarantee at all times that no person in need of international protection will be returned to a country where he or she is in danger of being subjected to acts of torture or cruel, inhuman or degrading treatment, conditions or punishment. To that end, the State party should:
(a) Facilitate access to a prompt and fair individualized refugee determination procedure, including by ensuring a timely identification of asylum seekers and by providing training to border police and immigration officials on promptly providing information on the right to seek asylum;
(b) Guarantee, in law and in practice, access to independent, qualified and free legal assistance and interpretation services for asylum seekers throughout the asylum procedure;
(c) Enhance the capacity of immigration officials to thoroughly assess country-of-origin information and apply reasonable standards of proof of persecution faced by asylum applicants;
(d) Refrain from detaining refugees, asylum seekers and undocumented migrants for prolonged periods and use detention only as a measure of last resort and for as short a period as possible, including by promoting alternatives to detention.
2017
2017
2017
Committee on the Elimination of Racial Discrimination
The Committee, in the light of its general recommendation No. 30 on discrimination against non-citizens, recommends that the State party find an alternative to detention of asylum seekers and ensure that, if detention is applied, it is always used as a measure of last resort and is limited by statute to the shortest time reasonably necessary. The Committee furthermore recommends that the State party end the practice of issuing orders to expel asylum seekers before assessing their asylum application, and to:
Allow unhindered access to detention facilities by international organizations, including UNHCR, as well as its domestic legal partners;
Carry out a full and impartial assessment of the risk of refoulement of persons currently detained for representing an alleged threat to national security, and provide them with all the information necessary with which to challenge the order of expulsion or detention;
Take all measures necessary to ensure asylum seekers’ access by law and in practice to education, employment, social welfare, adequate food and health care;
Increase financial assistance provided to refugees and persons granted subsidiary protection to an adequate level, and provide integration opportunities, such as language classes, vocational training or employment schemes;
Finalize and adopt without delay the new law on asylum.
2015
2015
2015
Human Rights Committee
§14 The State party should revise the law that provides for the detention of persons who are subject to removal from the State party on grounds of national security to ensure that full legal security is guaranteed and that such persons are not held indefinitely. In this regard, the State party should also consider introducing other methods of surveillance in place of indefinite detention. The State party should also ensure that , in all cases involving refoulement, all appeals to courts have suspensive effect and all relevant information on the situation in the country of origin is duly taken into account by competent administrative and judicial organs.
2012
2012
2012
Committee on Migrant Workers
"§ 26. (a) amend the law on movement and stay of aliens and asylum to define the maximum length of administrative detention that is not derogable , with a view to prevent ing prolonged or indefinite detention ;
( c ) ensure that detention orders against migrant workers , in cluding those in an irregular situation, are only taken as a last resort, on a case-by-case basis , and strictly in compliance with applicable international standards;
( d ) ensure that migrant workers have access to legal aid and information on available remedies to appeal decisions ordering the ir detention , and p rovide in formation thereon in its next periodic report, including examples of cases where migrant workers in an irregular situati on have received legal aid ; and
( e ) ensure timely access by detained migrant workers to effective legal remedies ."
2012
2012
2012
Committee against Torture
§14 The State party should:
(a) Ensure (i) procedural safeguards against refoulement and (ii) effective remedies with respect to refoulement claims in removal proceedings, including review by an independent judicial body concerning rejections;
(b) Ensure that a thorough review of each individual case is provided for asylum claims and that persons whose applications for asylum have been rejected can lodge an effective appeal with the effect of suspending the execution of the decision on the expulsion or deportation;
(c) Revise its current procedures and practices in the area of expulsion, refoulement and extradition and align its interpretation of key concepts of domestic asylum law fully with international refugee law and human rights standards;
(d) Continue to follow up on and keep the Committee informed of the case of the citizen of Bosnia and Herzegovina who remains in detention in Guantanamo Bay military base;
(e) Ensure that national security considerations do not undermine the principle of non-refoulement and that the State party fulfil its obligations to respect the principle of absolute prohibition of torture in all circumstances, in accordance with article 3 of the Convention
§15 The State party should revise its practice regarding the prolonged detention of those individuals and fully respect their right to effectively challenge the decisions to revoke theircitizenship, detain and deport them. Furthermore, the State party should guarantee key principles related to a fair and efficient asylumprocedure, including adequate translation and interpretation services, free legal aid and access of applicants to theircase file.
2011
2011
2011
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
Recommendation Year
Observation Date
Special Rapporteur on the human rights of migrants
§ 74. Urges Bosnia and Herzegovina to improve access to asylum and enhance the efficiency of the asylum procedure. To that end, he recommends that the Government: (a) Set up outreach teams to conduct individual assessments, determine protection needs and register asylum seekers at the border areas and within the country, including in Republika Srpska; (b) Undertake age assessments to identify children, especially unaccompanied or separated children, to ensure that protection measures are in place and that, in all actions concerning children, the best interests of the child are a primary consideration; (c) Allocate additional resources to the authorities in charge of asylum procedures to enhance their capacity and efficiency in registering and processing asylum claims and address the delay in the asylum procedure, with a view to ensuring that asylum seekers are registered and that applications for asylum are assessed within a reasonable time frame; (d) Consider technical cooperation with the relevant United Nations agencies, in particular UNHCR, to identify and favourably prioritize applications from individuals with manifestly well-founded claims or vulnerabilities warranting prioritized attention to meet their protection needs; (e) Provide necessary identification and other administrative documents, without undue delay, for asylum seekers whose claims are pending for evaluation to enable their access to work and other services; (f) Provide free legal aid and interpretation services, throughout the procedure, as recognized in domestic legislation, for asylum seekers; (g) Take the steps necessary to remove all administrative obstacles faced by asylum seekers in registering their claims, including facilitating the registration of addresses and waiving any administrative fees; (h) Improve the working methods of the centres for social assistance and welfare to avoid unnecessary delays in providing unaccompanied or separated children with a guardian and other necessary protection... § 76. Calls upon the relevant authorities to ensure the right to freedom of movement for migrants, especially asylum seekers, in the entire territory of Bosnia and Herzegovina. § 77. The two official reception centres for refugees and asylum seekers be fully open to migrants based on their protection needs, regardless of their status. In the interim, considering the situation in the region, Bosnia and Herzegovina should work closely with the international community and civil society partners to identify additional locations and increase its reception capacity for migrants, asylum seekers and refugees. § 78. Urges the competent authorities and monitoring bodies, including the Institution of the Human Rights Ombudsman of Bosnia and Herzegovina, to conduct regular visits to the immigration detention centre in order to protect migrants deprived of liberty and to prevent any human rights violations against them.
2020
2020
> UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
Regional Legal Instruments
Year of Ratification (Treaty) / Transposed (Directive) / Adoption (Regulation)
Observation Date
ECHRP1, Protocol 1 to the European Convention on Human Rights (amended by protocol 11)
2002
2002
2017
ECHRP7, Protocol 7 to the European Convention on Human Rights (amended by protocol 11)
2002
2002
2017
ECPT, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment
2002
2002
2017
CPCSE, Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
2012
2012
2017
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
The controversial Lipa migrant camp was destroyed by a fire in late December, leaving some 1,400 men homeless. The fire was reportedly started by residents of the camp, many of whom had already begun moving out due to the poor living conditions there. IOM’s Chief of Mission in Bosnia and Herzegovina (BiH) told InfoMigrants: “Suddenly our staff noticed that a small group was setting fire to one of the tents and they repeated this action with the other tents and some of the containers were also on fire in the chaos, looting started of some of the items that were still left in the camp.” Other facilities in BiH for single males are overpopulated, including one in Sarajevo which, though it only has a capacity of 2,400, already houses approximately 3,000 people.
There are more than 3,000 refugees and migrants in the earby Bihac area who do not have access to shelter. Local authorities have reportedly refused government orders to reopen a reception centre that was shut down in October 2020. According to the IOM, people were sleeping in abandoned buildings and makeshift camps in the forest and that “IOM had … been providing assistance such as winterized jackets, sleeping bags, food packages and hygiene packages to the 1,500 migrants already sleeping outside.”
According to Al-Jazeera, on 30 December, the relocation of migrants and refugees from the Lipa camp to army barracks in Bradina was cancelled. Migrants and refugees spent around 24 hours in buses prior to being told to disembark and return to the burnt out camp. People were left stranded without access to food, water, or accommodation.
On 8 January 2021, ECRE reported that there were still around 2,500 people sleeping rough in the northwest of BiH, of which several hundreds remained in squalid conditions at the burnt down Lipa camp. According to ECRE, while “housing capacities and sufficient funding exist, political disagreement between local and national authorities perpetuate this humanitarian crisis.” Since 2018, 70,000 people have travelled through BiH, but reaching the EU remains dangerous and people often face pushbacks and violence at the Croatia border (see 2 August and 22 June Croatia updates on this platform).
Said EU foreign affairs commissioner Josep Borrell in early January: “Over the last weeks, we have witnessed a serious humanitarian crisis concerning hundreds of migrants in Bosnia and Herzegovina … largely due to the disfunctioning governance in the country” (InfoMigrants 06/01/20201).
Amidst rising xenophobic sentiment in the country (see 29 April update on this platform), in mid-August residents of Velika Kladusa (in the Krajina region, on the Bosnian-Croatian border) staged a protest to denounce purported assaults by foreigners on local civilians. The protestors reportedly blocked a road leading to an asylum seeker reception centre. During the week of 24 August, the first confirmed Covid-19 cases were detected in IOM-operated migrant facilities. In two centres near Bihac, several people suffering mild cases were transferred to the local hospital--prompting anger from local residents.
Tensions have been rising within the wider Krajina region, which has essentially become a bottleneck on the route taken by migrants, refugees, and asylum seekers attempting to enter the EU via Croatia. On 26 August, Bosnian special forces were dispatched to the newly-created Lipa camp (near Bihac) to calm a protest following an alleged police beating of a homeless migrant. Media outlets report that IOM staff withdrew from the camp before the special forces arrived.
Authorities in the region, frustrated that other parts of the country are not sharing the migrant “burden,” have reportedly begun to prevent all new migrant arrivals by blocking the main highway into the region and turning away all non-nationals. On 19 August, the Coordination Committee on Migration in the Una-Sana Canton (within the Krajina region) adopted measures to restrict the freedom of movement of migrants not accommodated in official reception centres. As part of these measures, authorities banned: the transport of migrants and asylum seekers by public transport and taxis; the gathering of migrants and asylum seekers in public places; and the provision of private accommodation to them. Roadblocks have been set up, and police have also carried out raids on informal settlements and private accommodation, forcibly removing those apprehended while failing to provide them with alternative accommodation.
The canton’s health minister justified the measures, claiming that the number of migrants with coronavirus was rising by the day. “We can’t control them because they move in groups of 100. They don’t follow any rules or norms and we have to think about protecting citizens.”
According to the Red Cross, growing numbers have found themselves stuck between the canton and neighbouring Republika Srpska--denied entry to Una-Sana and prevented from returning to the Serb Republic. Some of those stranded are living in a hut built by the Red Cross, however others are having to camp outside and no toilet or washing facilities are available.
Commenting on the recent restrictions, Amnesty International stated, “These restrictive measures that target an entire group are disproportionate and discriminatory and should be immediately reversed.”
According to the Bosnia and Herzegovina Institute of Human Rights (Ombudsman), responding to the Global Detention Project’s Covid-19 survey, the country did not establish a moratorium on new immigration detention orders, nor did it consider establishing one. The Ombudsman reported that no immigration detainees were released from detention, except those who were returned to the Republic of Serbia as part of readmission agreements, and placed in temporary reception centres. Prior to their return to Serbia, individuals were tested for Covid-19 and none tested positive. According to the Ombudsman, no alternative to detention programmes were implemented.
People detained in the Sarajevo (Lukavica) immigration centre were not tested for Covid-19, except in cases where the person exhibited symptoms of the disease, despite reports that the centre is overcrowded (see 29 April Bosnia and Herzegovina update on this platform). In addition, the management of the centre adopted a number of measures to prevent the spread of the virus, including suspending all visits to the centre, requesting strict compliance with hygiene and epidemiological measures, providing for mandatory quarantine for new arrivals, and other measures as recommended by the crisis staff.
The Ombudsman also indicated that deportations of non-citizens were suspended due to border closures and the grounding of flights, save for citizens of the Republic of Serbia who were allowed back into the country if they provided negative Covid-19 tests.
In an information request made by the Ombudsman to the Border Police of Bosnia and Herzegovina (BiH), the police indicated that following the first confirmed cases of Covid-19 in BiH, they began implementing measures to detect possible cases of the disease. An action plan was devised and police officers were obligated to wear protective equipment, maintain social distance, measure the body temperature of officers and any other persons entering the official premises of the police, disinfecting official premises and vehicles, as well as maintaining personal hygiene.
As previously reported on this platform (29 April 2020), public attitudes towards migrants and refugees have deteriorated. The country’s Security Minister has suggested that non-citizens should be deported from the country as they represent an economic and security threat. Also, other asylum facilities, such as the Lipa camp, have been opened while arrivals to the country decreased in April 2020 compared with the same period in 2019.
As public attitudes towards migrants and refugees reportedly deteriorate across Bosnia and Herzegovina, the country’s Security Minister suggested on 23 April that non-citizens should be deported from the country. Alleging that they pose too great an economic burden during the pandemic - as well as a security threat - the Minister said that he would submit a proposal to Parliament. "(Migrants) who do not want to show their identity cards will not be allowed any more to use our migrant and refugee camps," he said. "They will go straight to jail. And we will keep them there for one to five years until we can establish their identity. This is our proposal for a new law." Although the Minister did not state a date for when his proposal would be ready for debate, the Service for Foreigners’ Affairs has announced that it has already begun preparing a list of persons to be deported.
In addition to its dedicated immigration detention centre in Sarajevo, Bosnia’s reception centres, many of which are severely overcrowded, are operating as temporary detention sites as a response to the Covid-19 pandemic.
According to UNHCR, as of 28 April, “BiH authorities reported 36 new irregular arrivals (for the month) of asylum-seekers and migrants to the country, adding to the total for 2020 at 4,459.” This is a modest decrease compared to the same period in 2019 when, when authorities reported 5,288 arrivals. The agency reported that “The number of asylum-seekers, refugees and migrants accommodated in reception centers and other formal accommodation currently in the country is 6,266, while some 3,000 persons are estimated outside formal accommodation or on route. For the time being, no cases of COVID-19 have been identified affecting asylum-seekers, refugees and migrants.”
In addition to the asylum reception facilities, the country has worked with the IOM to open what it terms a “temporary reception facility” in the town of Lipa, called “Lipa Camp.” According to BalkanInsight (21 April): “Despite opposition from Bosnian Serbs, migrants and refugees who were living rough are being resettled to a temporary reception centre near the village of Lipa in the country’s north-west. The authorities in the Una-Sana Canton, in cooperation with the International Organization for Migration, moved a first group of about 120 migrants and refugees to the new reception centre in Lipa, not far from the town of Bihac, on Tuesday. In total, about 1,000 people who have been living on the streets of Bihac and nearby towns in the recent weeks because there is not enough space at existing reception centres will be relocated to the Lipa camp. In mid-March, the Bosnian authorities imposed restrictions on the movement of migrants and refugees and ordered them into temporary reception centres as a part of measures to prevent the spread of the coronavirus.”
During a webinar organized by the OSCE’s Office for Democratic Institutions and Human Rights on 23 April, a Senior Regional Protection Officer at UNHCR raised concerns regarding reception sites in Bosnia, more than two-thirds of which are overcrowded. He underscored growing xenophobia in the region, stating that ‘’the number of problems that undocumented migrants and asylum seekers faced historically have increased with the coronavirus crisis.’’ While pointing out the closing of borders and other security-oriented measures, he called for the necessity to keep providing humanitarian assistance to asylum seekers and refugees.
UNHCR also reported in its 28 April update that “COVID-19 related restriction of movement for asylum-seekers and migrants in reception centres continued to be in force. Residents are unable to leave the centres unless exceptionally and with a special permit. Overcrowding in the largest reception centres makes isolation measures incl. physical distancing difficult to implement. Limited freedom of movement freedom creates situations of tension among residents incl. increased risk of gender-based violence.”
According to the UN, although the number of COVID-19 cases in Bosnia and Herzegovina is still considered manageable (under 500 as of 1 April) "the infection rate is rising fast and is expected to peak in the coming weeks. The authorities have taken measures to prevent the spread of the disease nationwide, such as curfews and school closures, as well as restrictions on movement in and out of the reception centres."
Bosnia and Herzegovina operates one dedicated immigration detention centre, near Sarajevo, which has been criticized for having inadequate conditions, including use of solitary confinement, lack of access to recreation, no provision of legal aide, and failure to undertake age assessments. The country is also notorious for the terrible conditions at its reception centres, which the UN Special Rapporteur on the human rights of migrants called “inhuman” after his visit to the country in October 2019
In Bosnia, authorities ordered the transfer of thousands of migrants to a remote camp in Lipa due to the coronavirus outbreak in the country. A new camp was constructed a few days later, but there is concern over access to water, heat and electricity. Authorities have imposed a complete restriction on the movement of migrants beyond temporary reception facilities. The camp is expected to host at least 2,000 people for the time being, and 50 tents are already being set up. According to some sources, migrants will not be able to leave the camp which will be under surveillance by Bosnian police forces. An estimated 3000 migrants are currently living in cramped conditions in abandoned buildings or disused train stations.
GOVERNMENT BODIES
Institute of Human Rights Ombudsman https://ombudsmen.gov.ba/
Ministry of Security http://www.msb.gov.ba/
Service for Foreigners’ Affairs http://sps.gov.ba/?lang=en
INTERNATIONAL ORGANISATIONS
Danish Refugee Council https://drc.ngo/our-work/where-we-work/europe/bosnia-and-herzegovina/
IOM Bosnia and Herzegovina https://bih.iom.int/
OHCHR Bosnia and Herzegovina https://www.ohchr.org/en/countries/enacaregion/pages/baindex.aspx
UNHCR Bosnia and Herzegovina https://www.unhcr.org/bosnia-and-herzegovina.html
Red Cross Society of Bosnia and Herzegovina https://www.ifrc.org/en/what-we-do/where-we-work/europe/red-cross-society-of-bosnia-and-herzegovina-/
NGOs
Collective Aid https://www.collectiveaidngo.org/
Foundation of Local Democracy https://fld.ba/en
Fresh Response http://freshresponse.org/
Merhamet https://www.facebook.com/homerhametmdd/
MFS Emmaus https://mfs-emmaus.ba/en/home/
Pomozi.ba https://pomoziba.org/
Vaša Prava https://pravnapomoc.app/en
MEDIA
Balkan Insight https://balkaninsight.com/
Dnevni avaz https://avaz.ba/english
Sarajevo Times https://www.sarajevotimes.com/
