A/HRC/44/42/Add.2
entitled outdoor activities for months. With regard to access to free legal aid, the Special
Rapporteur was concerned to learn that detainees at the facility had virtually no access to free
legal aid. Information on how to request legal aid was not provided at the facility.
VII. Restrictions on the freedom of movement of migrants
61.
Although the authorities of Bosnia and Herzegovina did not consider there to be any
limitations on the freedom of movement of migrants in the country, during the visit, the
Special Rapporteur received ample evidence proving that such limitations existed and were
extensive.
62.
According to the coordination body for monitoring the movement of migrants
established by Republika Srpska, its mandate is to monitor the movement of migrants in an
irregular situation and provide humanitarian transit. The relevant authorities of the
coordination body informed the Special Rapporteur that the police of Republika Srpska did
not prohibit migrants from leaving the Sarajevo-Bihać train nor restrict their movement
through the entity. According to the authorities of Republika Srpska, all migrants who had
registered their intention to file asylum applications enjoyed full freedom of movement in the
direction towards their designated migrant centre, as indicated in their certificate of
registration. Should migrants be found not to have a certificate, they are referred to the Banja
Luka field office of the Service for Foreigners’ Affairs. However, the Special Rapporteur
received numerous allegations of restrictions on the freedom of movement of migrants,
including asylum seekers, imposed by the police of Republika Srpska. Migrants on the train
from Sarajevo by way of Banja Luka to Bihać were reportedly not allowed to disembark on
the territory of the entity. That confirms the Special Rapporteur’s understanding of the
position of Republika Srpska not to accept any migrant reception centre on its territory, but
only to provide a corridor for migrants to reach the territory of the Federation of Bosnia and
Herzegovina. The Special Rapporteur took note that Republika Srpska lacked the necessary
capacities to provide accommodation and care for migrants or to establish reception centres
on its own. Nevertheless, he wishes to stress that providing support to the efforts of Bosnia
and Herzegovina in responding to migration challenges is primarily a question of solidarity.
Migrant reception centres established in other parts of Bosnia and Herzegovina received
strong support from the international community.
63.
Although the authorities of Una-Sana Canton have in fact been shouldering the
responsibility of the influx of migrants, with limited support from other parts of the country,
they have also imposed restrictions on the freedom of movement of migrants, including
asylum seekers. The Special Rapporteur is concerned that those restrictions have been
enforced without any legal basis, since October 2018. Based on the information received
from various sources, the police of Una-Sana Canton stop all buses and trains entering the
Canton and ask all migrants to disembark. As a result of collective efforts by civil society
and the relevant United Nations agencies, women and children have usually been allowed to
continue their journey or provided with transportation services by IOM. Single male migrants
were all forced to get off the bus or train, although they had purchased tickets for the ride.
The restrictions resulted in migrants, including duly registered asylum seekers, being obliged
to disembark from public transportation at the entry of the Canton and left with no choice but
to walk for hours to reach reception centres. In addition, migrants were in practice mostly
interdicted from using taxis or public transportation within Una-Sana Canton. In addition,
the Special Rapporteur learned about incidents where police rounded up migrants, mainly
single men, in the city and forcibly escorted them to the Vucjak site.
VIII. Pushback
64.
Most of the migrants in Bosnia and Herzegovina have attempted to cross the border
into Croatia, and the Special Rapporteur received reliable information about violent pushback
against migrants and asylum seekers by the border police of Croatia, which forcibly returned
them to the territory of Bosnia and Herzegovina. According to the testimonies received, many
migrants were forcibly escorted back into Bosnia and Herzegovina, without going through
any official procedure. The specific tactics vary, however, common patterns include the
capture of people on the move, the confiscation of their property, especially communications
equipment, being beaten with batons and chased by dogs with the purpose of physically
12