A/HRC/44/42/Add.2
the territory of the Federation shall enjoy the rights to, inter alia, asylum, freedom of
movement, education, health and shelter.4
13.
The domestic normative framework is generally aligned with the international human
rights treaties ratified by Bosnia and Herzegovina. In an effort to bring domestic legislation
into line with the relevant European standards, Bosnia and Herzegovina adopted a new Law
on foreigners in November 2015 and a new Law on asylum in February 2016, replacing the
previous Law on the movement and stay of aliens and asylum.
14.
The Law on foreigners upholds the principles of non-refoulement and nondiscrimination. It 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, migrants in an irregular situation are allowed to leave
the country voluntarily within the deadline of execution of the expulsion order.
15.
Under the Law on foreigners, a decision may be taken ordering surveillance by
placement in an immigration centre for a period not exceeding 90 days. After the expiration
of that period, if there are still reasons for which a foreigner has been ordered to be placed
under surveillance, the surveillance may be extended, up to 90 days, so that the total duration
of surveillance at the immigration centre cannot exceed 180 days. In case of a lack of
cooperation by a foreigner in the process of deportation or a delay in obtaining the necessary
documents from the country to which the foreigner is to be deported, the duration of
surveillance may be extended for a period longer than 180 days, provided that the total
duration of surveillance at the immigration centre does not exceed 18 months continuously.
The Special Rapporteur was informed in meetings with the relevant authorities that that is
the case for countries with which Bosnia and Herzegovina has not signed readmission
agreements, such as Afghanistan, Algeria and Pakistan. If it is not possible to deport the
foreigner from Bosnia and Herzegovina within the above-mentioned period, he or she may
be placed under surveillance by restriction of freedom of movement to a certain area or place,
with the obligation to report to the local organizational unit of the Service for Foreigners’
Affairs under the Ministry of Security or the police department. An appeal to the secondinstance authority may be lodged against the decision to order surveillance through placement
in the immigration centre, within three days of issuance of the decision. The appeal does not
stay the enforcement of the decision. An appeal may be lodged with the second-instance
authority against the decision to place a foreigner under surveillance through restriction of
movement to a certain area or place, within 15 days of issuance of the decision. The appeal
does not stay the enforcement of the decision. In both scenarios, an administrative dispute
may be instituted against the decision of the second-instance body by filing a lawsuit before
the Court of Bosnia and Herzegovina.
16.
Under the Law on asylum, to claim asylum in Bosnia and Herzegovina, a person may
express the intent to apply for asylum either to the border police of Bosnia and Herzegovina
at a border crossing or to the local-level organizational units of the Service for Foreigners’
Affairs. Following the expression of the intent to apply for asylum, an attestation of the
expressed intent is issued by the Service. Provided by the Law, the attestation of the
expressed intent to apply for asylum is normally valid for eight days. In situations in which
a large number of people express the intention to apply for asylum, the attestation of the
expressed intention may be valid for 14 days. In practical terms, therefore, during a period of
mass arrivals, within 14 days of having expressed the intention to seek asylum, one must file
an asylum application with the Sector for Asylum under the Ministry of Security of Bosnia
and Herzegovina. In the event that the asylum application is not submitted within the deadline,
without a justifiable reason, the person will be subject to the provisions of the Law on
foreigners, which regulates the movement and stay of aliens.
17.
According to the Law on asylum, upon receipt of the asylum application by the
relevant authorities, the asylum seeker is registered. After the registration, the Sector for
Asylum, responsible for evaluating asylum claims, conducts interviews. The Law provides
that the Ministry of Security must decide on the asylum application within 18 months.
Decisions made on asylum applications by the Ministry of Security may be appealed with a
lawsuit brought before the Court of Bosnia and Herzegovina. The Ministry of Human Rights
4
4
Constitution of the Federation of Bosnia and Herzegovina. Available at http://rai-see.org/wpcontent/uploads/2015/08/constitution_fbih.pdf.