ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA 4.6. Migrations and asylum In the course of 2019 the Ombudsman registered a total of 52 cases and issued 10 recommendation related to the asylum and migrations. Out of this six cases were registered in the Central Office in Banja Luka, 45 in Regional Office in Sarajevo and one in the Regional Office in Brčko. Under the Agreement with the Ministry of Security of Bosnia and Herzegovina, on behalf of the asylum seekers, complaints are filed by the NGO „Vaša prava Bosne i Hercegovine“/„Your Rights of Bosnia and Herzegovina“. The complaints filed relate to the legal status of migrants, i.e. the access to the asylum procedure, appointment of guardians to the minor asylum seekers and restriction of freedom of movement 89. Ombudspersons pay particular attention to complaints lodged by or behalf of minor migrants, as well as to complaints regarding the treatment of these persons. Namely, the question of appointing a guardian to an unaccompanied minor is governed by the Law on Asylum 90, which stipulates that an unaccompanied minor who has expressed his/her intention to apply for asylum should get a guardian under the same conditions as nationals of Bosnia and Herzegovina, and that the request for the appointment of a guardian be submitted to the competent social welfare center by the Ministry of Security of Bosnia and Herzegovina. In this regard, the Ombudsman stressed the importance of the role of social welfare centers in the treatment of minors. When it comes to the minor asylum seekers, 14 cases have been registered. In 2018 Ombudspersons sent their submission to the Committee of the Rights of Migrant Workers 91. In their submission Ombudspersons informed the Committee members that in the framework of its mandate, the Ombudsman monitors and fulfills the obligations under the International Convention on the Protection of the Rights of All Migrant Workers and their Family Members through visits and monitoring of immigration and asylum centers and other places where migrants are located and by processing the individual complaints lodged in addition to the cooperation with civil society engaged in migration issues. The submission includes the review of the situation in the area of migrations in Bosnia and Herzegovina and indication to the lack of harmonization of the Law on Aliens 92 with the provisions of the Convention on the Protection of Migrant Workers, in the part related to the definition of the notion of migrant workers, access to legal and court protection, the system of free legal aid that these persons receive in Bosnia and Herzegovina, reference to the legislation concerning the employment of foreigners, and the segment of social and health care. In the mentioned submission, Ombudspersons also indicated to the measures to be taken to improve the situation in this area. On 30 September 2019 Ombudspersons met UN Special Rapporteur on Human Rights for Migrants Felipe Gonzalez Morales. During this meeting issues related to the stay of migrants in BiH were discussed. On that occasion, the Special Rapporteur was briefed on the Ombudsman's activities in this area, which included visits to all foreign citizens' locations, discussions with them 89 P-299/19 dated 12 December 2019 Official Gazette of Bosnia and Herzegovina, no. 88/2015 91 A document no.: Oi-K-SA-182/18 dated 08 August 2018 92 Official Gazette of Bosnia and Herzegovina, no. 88/2015 90 31

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