A/HRC/44/42/Add.2
and Refugees is the responsible authority overseeing a person who has been granted refugee
status or subsidiary protection.
18.
The Law on the provision of free legal aid 5 in Bosnia and Herzegovina was adopted
in 2016. Until the adoption of that State law, the free legal aid system in Bosnia and
Herzegovina was fragmented. Some entities and cantons enacted laws and established
institutions to provide free legal aid. Pursuant to the State Law on the provision of free legal
aid, the Ministry of Justice is in charge of the implementation of the Law. A legal aid office
was established to provide those services.
2.
National human rights institution
19.
The Institution of the Human Rights Ombudsman of Bosnia and Herzegovina,
established in 1996, has A status accreditation granted by the Global Alliance of National
Human Rights Institutions. As an independent institution, the Institution of the Human Rights
Ombudsman of Bosnia and Herzegovina handles complaints related to the poor functioning
of, or human rights violations committed by, any authority of Bosnia and Herzegovina, its
entities and the Brčko District. There are three ombudspersons in the Institution. In
November 2018, the Institution published a special report on migration in Bosnia and
Herzegovina.6
3.
Coordination Body for Migration
20.
The State-level Coordination Body for Migration was established following decisions
adopted by the Council of Ministers in 2013 and 2016.7 The Coordination Body is headed by
the Ministry of Security and composed of representatives from all levels of government. As
an operational headquarters, the Coordination Body was mandated to coordinate all activities
related to migration with the competent institutions and agencies, as well as with established
headquarters or other bodies at the entity and Brčko District levels and with international
organizations and non-governmental organizations, in order to overcome the migration crisis.
The Coordination Body is also tasked with proposing measures, decisions and procedures,
through the Ministry of Security, to the Council of Ministers of Bosnia and Herzegovina and
appropriate institutions and agencies to address the migration crisis.
21.
At the time of the visit of the Special Rapporteur, the Coordination Body for Migration
had not yet adopted a comprehensive strategy for providing a durable solution to the current
migration situation in Bosnia and Herzegovina. The Coordination Body had failed to allocate
in a timely manner suitable premises as reception centres for accommodating asylum seekers
and migrants. The lack of preparedness and of a strategy of the State-level authorities, despite
their being aware of the arrival of migrants, including asylum seekers, has generated
frustrations among ordinary citizens. The Special Rapporteur notes with concern the
challenges faced by the Coordination Body in enforcing its decisions at the entity, cantonal
and municipal levels. In that regard, at the time of reporting, the authorities of Bosnia and
Herzegovina informed the Special Rapporteur that a new decision on the Coordination Body
had been prepared, with a view to enlarging the scope and enhancing the level of
representation of the relevant authorities in the Coordination Body.
22.
In addition to the State-level Coordination Body for Migration, there are similar
bodies at the entity level. In August 2018, the “coordination body to monitor the movement
of illegal migrants across the territory of Republika Srpska” was established to monitor the
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6
7
Bosnia and Herzegovina, Official Gazette, No. 83/16.
Institution of the Human Rights Ombudsman of Bosnia and Herzegovina, “Special report
on migration in Bosnia and Herzegovina”. Available at
www.ombudsmen.gov.ba/documents/obmudsmen_doc2019010713545979eng.pdf.
In 2013, the Council of Ministers of Bosnia and Herzegovina adopted the decision establishing the
Coordination Body for Migration in Bosnia and Herzegovina. The decision amending the decision on
the establishment of the Coordination Body, in 2016, extended the competence of the Coordination
Body, so that in case of migration emergencies or an anticipated migration emergency, the
Coordinating Body also acts as the Operational Headquarters for Migration in Bosnia and
Herzegovina, which will also include representatives of the headquarters at the entity and Brčko
District levels. See Bosnia and Herzegovina, Official Gazette, No. 10/13, No. 64/13 and No. 1/14.
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