A/HRC/44/42/Add.2
(g)
Take the steps necessary to remove all administrative obstacles faced by
asylum seekers in registering their claims, including facilitating the registration of
addresses and waiving any administrative fees;
(h)
Improve the working methods of the centres for social assistance and
welfare to avoid unnecessary delays in providing unaccompanied or separated children
with a guardian and other necessary protection.
75.
With regard to the reception conditions for unaccompanied or separated
children, the Special Rapporteur is concerned that, although there are designated zones
for unaccompanied or separated children in a number of reception facilities, many
protection risks remain. The Special Rapporteur calls upon the Government of Bosnia
and Herzegovina to provide appropriate care and accommodation, such as family or
community-based care or foster care for unaccompanied children and children who are
victims of abuse or exploitation.
76.
The Special Rapporteur is concerned about restrictions imposed by the entity,
cantonal and local authorities on the freedom of movement of migrants who have
expressed their intention to seek asylum in Bosnia and Herzegovina. Those restrictions
are in violation of domestic legislation and relevant international human rights
standards. He calls upon the relevant authorities to ensure the right to freedom of
movement for migrants, especially asylum seekers, in the entire territory of Bosnia and
Herzegovina.
77.
The Special Rapporteur notes with concern the large discrepancy between the
maximum capacity for accommodation in reception centres and the estimated number
of migrants, including asylum seekers, in the country and that many single men and
male minors are sheltered in harsh conditions. Although individuals have various
protection needs, no one should be left behind. To that end, the Special Rapporteur
recommends that the two official reception centres for refugees and asylum seekers be
fully open to migrants based on their protection needs, regardless of their status. In the
interim, considering the situation in the region, Bosnia and Herzegovina should work
closely with the international community and civil society partners to identify
additional locations and increase its reception capacity for migrants, asylum seekers
and refugees.
78.
The Special Rapporteur welcomes the fact that immigration detention is
generally used as a last resort in Bosnia and Herzegovina and that immigration
detention is understaffed due to the current migration situation in the country. He urges
the competent authorities and monitoring bodies, including the Institution of the
Human Rights Ombudsman of Bosnia and Herzegovina, to conduct regular visits to the
immigration detention centre in order to protect migrants deprived of liberty and to
prevent any human rights violations against them.
B.
Recommendations to the United Nations country team
79.
The resident coordinator and the United Nations country team should assist with
and facilitate the holding of a participatory regional consultation on migration
governance to develop a regional strategic plan and find durable regional solutions that
ensure the protection of the rights of migrants in the region.
80.
The United Nations country team and the office of the resident coordinator are
encouraged to raise funds and include in all projects a human rights-based approach to
addressing the various protection needs of people on the move.
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