A/HRC/44/42/Add.2
43.
In his preliminary findings at the end of the official visit, the Special Rapporteur
concurred with the assessment made by the United Nations country team concerning the
Vucjak site and highlighted his concerns about the significant safety and health risks at the
camp. He found the location of the site to be absolutely inappropriate and inadequate for
accommodating human beings. For fear of any loss of life in the forthcoming winter, the
Special Rapporteur urged the relevant authorities of Bosnia and Herzegovina, at the end of
his visit, to cease the forcible escorting of migrants to that site and to urgently identify an
alternative location to accommodate those migrants, prioritizing minors. After the visit, the
same appeal was made to the State authorities in a follow-up letter dated 28 October 2019.
44.
In that regard, the Special Rapporteur welcomes the actions taken by the relevant
authorities. He was pleased to learn from the State authorities that the Vucjak site was finally
dismantled on 11 December 2019. With the assistance provided by IOM, migrants who were
located at the camp were transferred to Blažuj, a newly identified reception location near
Sarajevo.
V. Access to asylum procedures and services provided to asylum
seekers
A.
Factors hindering fair and efficient access to asylum procedures
45.
Based on the information provided by the authorities and the relevant United Nations
agencies, of the 40,000 migrants who arrived in Bosnia and Herzegovina between January
2018 and August 2019, 93 per cent expressed their intention to seek asylum in Bosnia and
Herzegovina. At the time of the visit of the Special Rapporteur, only 5.4 per cent of those
who had expressed that intention chose to, and were able to, file an asylum application
formally with the Sector for Asylum, due to the multiple barriers in law and in practice that
hindered fair and efficient access to asylum procedures.
46.
The Law on asylum provides that the attestation of the expressed intent to apply for
asylum is valid for 14 days. In practice, 14 days is a very short period for asylum seekers to
submit a formal asylum application, owing to a number of factors. The Special Rapporteur
notes with concern that the Ministry of Security has not allocated sufficient resources to the
Sector for Asylum to allow it to receive applications and process registrations during
situations of mass influx. The Law on asylum requires that applicants register their temporary
addresses with the competent authorities. In practice, it is not feasible for the majority of
asylum seekers in the country who live outside the two official reception centres, including
the five temporary reception centres, private accommodations or shelters, to do so. While
most migrants are sheltered in Una-Sana Canton, the Sector for Asylum, which is in charge
of receiving and registering asylum applications, does not have an office there. The first
registration exercise conducted in Una-Sana Canton in 2019 did not take place until July, at
a location where 110 individuals were registered. At the time of the visit of the Special
Rapporteur, there remained approximately 1,200 individuals awaiting asylum registration in
the country. Delays in the asylum procedures are significant and have effectively become a
deterrent for some asylum seekers to pursuing their asylum claims in Bosnia and Herzegovina.
47.
Other factors hindering fair and efficient access to asylum procedures include the
requirement of a KM 10 (approximately €5) administrative fee for the registration of an
address for persons who are not accommodated in the two official reception centres and the
lack of legal aid and interpretation services provided by the State.
48.
The Special Rapporteur expressed his concerns regarding the above-mentioned
obstacles faced by asylum seekers in the country. The Special Rapporteur was pleased to hear
that the relevant authorities expressed their willingness to look into those issues. It was agreed
by some officials that the KM 10 administrative fee should be removed. With regard to legal
aid, every asylum seeker in Bosnia and Herzegovina is entitled by law to free legal aid.
According to the Law on the provision of free legal aid, the office on the provision of free
legal aid, within the Ministry of Justice, is the competent body that is mandated to provide
the service. The Special Rapporteur unfortunately did not meet with a representative from
that office. Based on the information collected from various stakeholders, he was only made
aware of legal aid being provided by Vaša Prava Bosnia and Herzegovina, a non-
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