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
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