A/HRC/44/42/Add.2
According to the statistics provided by the authorities during the visit of the Special
Rapporteur, between January 2018 and August 2019, approximately 40,000 migrants entered
Bosnia and Herzegovina irregularly. Most of them crossed the eastern border with Serbia,
and some entered from the southern border with Montenegro. Once in Bosnia and
Herzegovina, most migrants travelled through the territory of Republika Srpska to reach UnaSana Canton in the Federation of Bosnia and Herzegovina. At the time of the visit, there were
approximately 7,300 migrants in the country. Most of them were sheltered in Una-Sana
Canton, bordering Croatia. The migrant influx has exposed the political divisions in the
country. In October 2019, one year after the elections, Bosnia and Herzegovina still had not
formed a State-level Government.
7.
Nevertheless, in his exchanges with government officials, the Special Rapporteur
noted with appreciation that, despite having different points of view on various issues,
authorities at all levels mentioned the humanitarian aspect of their approaches to the
migration situation in the country. It is equally hopeful to know that ordinary citizens of
Bosnia and Herzegovina have demonstrated sympathy and solidarity towards migrants.
Having experienced an atrocious war, many citizens of Bosnia and Herzegovina mentioned
that they related to the plight of migrants. It is remarkable that people generously distributed
food, clothes and basic goods to migrants transiting through their towns. Some also sheltered
migrants in their private homes. In areas where reception centres are located, local residents
came forward to work with United Nations agencies and civil society organizations,
providing a wide range of services and assistance to migrants.
III. Normative and institutional framework for the protection of
the human rights of migrants
A.
International legal framework
8.
Bosnia and Herzegovina is a party to all the core human rights treaties, including the
International Convention on the Elimination of All Forms of Racial Discrimination, the
International Covenant on Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights and the second Optional Protocol thereto, the Convention on the
Elimination of All Forms of Discrimination against Women and the Optional Protocol thereto,
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Optional Protocol thereto, the Convention on the Rights of the Child and
the Optional Protocols thereto and the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families.
9.
Bosnia and Herzegovina has ratified the Convention relating to the Status of Refugees
and the 1967 Protocol thereto, the Convention relating to the Status of Stateless Persons and
the Convention on the Reduction of Statelessness. Bosnia and Herzegovina has also ratified
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children and the Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime.
10.
It is also noteworthy that Bosnia and Herzegovina voted in favour of the Global
Compact for Safe, Orderly and Regular Migration (see A/73/PV.60).
1.
National legislation and policies
11.
Annex 4 to the General Framework Agreement for Peace in Bosnia and Herzegovina,
also known as the Dayton Agreement, signed on 14 December 1995, contains the current
Constitution of Bosnia and Herzegovina. As an integral part of a peace agreement, the
Constitution establishes Bosnia and Herzegovina as a democratic State, operating under the
rule of the law, and grants citizens all of the rights and freedoms set forth in the Convention
for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto.
12.
Bosnia and Herzegovina consists of two entities, namely, Republika Srpska and the
Federation of Bosnia and Herzegovina. Each entity has its own Constitution. Article 2 of the
Constitution of the Federation of Bosnia and Herzegovina guarantees that all persons within
3