Untitled - Policy Documentation Center

Stabilization of Bosnia and Herzegovina's situation led to an intensified migration movement to and through the area. On the contrary, there has been a significant decrease in irregular migration through Bosnia and Herzegovina. The EU emphasizes the need to strengthen Bosnia and Herzegovina's capacity in the field of justice and home affairs and seeks to establish sustainable policing arrangements in line with European practices through monitoring, mentoring and inspection activities.

The European Commission approved in 2002 an annual program worth €71.9 million to support Bosnia and Herzegovina's participation in the Stabilization and Association Process. Under the programme, the EC is helping Bosnia and Herzegovina to establish a state committed to democracy, human rights and the rule of law.

ASYLUM POLICY

L EGAL AND REGULATORY FRAMEWORK
A DMINISTRATIVE AND INSTITUTIONAL STRUCTURES , HUMAN RESOURCES AND TRAINING
I NFRASTRUCTURE AND EQUIPMENT
B UDGET
C ONCLUSIONS AND RECOMMENDATIONS

Statute concerning the instruction on the implementation of the tripartite protocol on the re-registration of refugees from Croatia temporarily residing in Bosnia and Herzegovina. 3 The National Action Plan (NAP) for Bosnia and Herzegovina has been developed within the framework of the Stability Pact for SEE. The decision made by the competent basic organizational unit in the seat of the Ministry cannot be challenged by the administrative appeal, but an appeal can be submitted to the court of Bosnia and Herzegovina.

A foreigner can submit the asylum request to the competent organizational unit of the Ministry of Security or Home Affairs. The decision of the specified organizational unit of the Ministry of Security cannot be appealed in the administrative procedure. Secretary of the Ministry (not a basic organizational unit, but the duties of the Secretary relate to the Ministry as a whole);

The financing of the Ministry of Security is provided from the budget of the joint institutions of Bosnia and Herzegovina.

MIGRATION POLICY

L EGAL M IGRATION
I LLEGAL M IGRATION
I NFRASTRUCTURE AND EQUIPMENT
B UDGET

A foreigner can be expelled from Bosnia and Herzegovina according to the law; However, there can be no collective deportation of foreigners. According to the law, citizens of countries that are exempt from visa requirements are automatically granted legal residence in Bosnia and Herzegovina for a period of three months. Turkish nationals entered Bosnia and Herzegovina through the border crossing at Sarajevo airport, while only 4,120 left the country.

13 The agreement was signed on 26 July 2000 between the Council of Ministers of Bosnia and Herzegovina and the Republic of Croatia. They enter the country legally and stay up to three months and can extend their stay with a simple border crossing and re-entry into Bosnia and Herzegovina. Illegal stay in Bosnia and Herzegovina is mostly associated with foreigners who intend to continue their journey to Western European countries.

However, in recent years, Bosnia and Herzegovina has also become a final destination country, although this is a rarity. Bosnia and Herzegovina has one of the most liberal laws regarding asylum cases. They often use this as an opportunity to leave Bosnia and Herzegovina and continue their passage to Western Europe.

Because Bosnia and Herzegovina does not have an asylum seeker center, UNHCR is housing these individuals in the same centers where refugees from Serbia and Montenegro are placed. These foreigners do not legally leave the country via the mentioned border crossings in Bosnia and Herzegovina. The Ministry of Security is financed from the budget of the joint institutions of Bosnia and Herzegovina.

BORDER CONTROL

M ANAGEMENT AND ORGANIZATION
H UMAN RESOURCES AND TRAINING
I NFRASTRUCTURE , EQUIPMENT AND COOPERATION
B UDGET

The ASB takes over police duties in the field of criminal investigation and prosecution if there is reasonable suspicion based on a crime or misdemeanor aimed at border security or the execution of the tasks of the ASN. At that time, SBS controlled three of the four airports in Bosnia and Herzegovina. The fact that the SBS is controlling movement across borders has had the effect of reducing the number of illegal crossings.

The SBS has five field offices across the country, each with an associated MSCU or OBSU. The training was organized for members of the IPTF, the SBS and UN security in Gradiška. With this information, the SBS staff could track stolen cars without being connected to the central database.

It is expected that this training will be repeated for other units in SBS. On 27 November 2001, ICITAP introduced a software application to support the SBS activities at Sarajevo Airport. In addition, ICITAP donated 250 new computers25 along with other related equipment for the SBS needs of the overall system.

Special security training for SBS Airport officers on grenade particle detector operations was organized by the end of 2001. A non-partisan director fully charged with the duties and responsibilities of the SBS would enhance the overall performance of the SBS. at the operational level26. 26 According to the senior official of the Ministry of Security, a new law that foresees only one director of the ASB, who will be separated from any political affiliation, is on the verge of approval. . for surveillance and motion sensors).

VISA POLICY

P ROCEDURES
I NFORMATION TECHNOLOGY
R EADMISSION AGREEMENTS
I NSTITUTIONAL FRAMEWORK

Passport scanners should be installed at all international border points. Also, the visa can be issued at the border by the organizational unit of the Ministry of Security with the recommendation of the Ministry of Foreign Affairs. A BiH visa will not be issued to a foreigner who has a deportation order or if his/her residence has been revoked during the time of the order.

The law provides for the establishment of a central database on foreigners within the Ministry of Security. All state and entity bodies that deal with foreigners, including employees of the Ministry of Foreign Affairs, the State Border Service and the Ministries of the Interior, can access this database. The implementation of the project is carried out by the IOM in cooperation with the Ministry of Security and the Citizen Information Protection System (CIPS).

The agreements on readmission represent an instrument used by the European Union for deportation of persons who have illegally entered or stayed in the territories of the EU countries. An agreement signed between Bosnia and Herzegovina Council of Ministers and the Federal Council of the Swiss Confederation on readmission of Bosnia and Herzegovina and Swiss nationals, followed by a protocol31;. Experts from Serbia and Montenegro and Bosnia and Herzegovina coordinating an agreement on readmission.

After introducing a new database, all these institutions will have access to the central database and get an immediate overview of information related to the visas issued, regardless of the place where a visa was issued. Bosnia and Herzegovina's visa regime must be fully harmonized with that of the EU. The authorized institutions' primary task is to implement the recently adopted Act on the Movement and Residence of Foreigners and Asylum by drawing up and adopting the statutes within the set deadlines.

POLICE COOPERATION

I NTERNATIONAL COOPERATION

Interventions by the Special Unit must be approved by the Minister on the proposal of the Police Director. According to the Constitution of Bosnia and Herzegovina, the Parliamentary Assembly of Bosnia and Herzegovina adopted the Law on the State Investigation and Protection Agency during the session of the House of Representatives held on 24 April 2004, followed by the session of the House of Peoples held on 4 May 2004. The State Investigation and Protection Agency (SIPA) is an administrative organization within the Ministry of Security with operational autonomy, established for the purpose of carrying out police tasks, headed by Director and financed from the budget of the institutions of Bosnia and Herzegovina.

The tasks within the jurisdiction of the SIPA are the prevention, detection and investigation of criminal offenses under the jurisdiction of the Court of Bosnia and Herzegovina, with a special emphasis on organized crime, terrorism, war crimes, human trafficking and other crimes against humanity and values. protected by international laws. In addition, SIPA is obliged to carry out the collection of information and data on criminal acts, monitoring and analysis of security conditions and phenomena that contribute to the emergence and development of crime, assistance to the court and prosecutor's office of Bosnia and Herzegovina in providing information. , execution of orders of the court and the chief prosecutor of Bosnia and Herzegovina, physical and technical protection of persons, facilities and other property protected by law. Administrative and other authorities, services and other institutions in Bosnia and Herzegovina, ministries of internal affairs of entities and cantons, customs and tax authorities, financial police, Interpol liaison authorities, competent authorities of the Brčko District of Bosnia and Herzegovina and other relevant authorities are obliged to cooperate with SIPA and, at its request, assist SIPA in performing its tasks in accordance with the law and other regulations on the protection of sources, methods and other information of a non-public nature.

This provided a framework for further cooperation and coordination between the Ministry of Internal Affairs of the Republic of Croatia, the Ministry of Serbia and Montenegro, the Ministries of Internal Affairs of the entities in Bosnia and Herzegovina and the Director of the State Border Service of BiH in the fight against illegal immigration and organized crime in Bosnia and Herzegovina, the Republic of Croatia and Serbia and Montenegro. In the further development of law enforcement cooperation agreements, the United Nations Mission in Bosnia and Herzegovina (UNMIBH) will act as a liaison between the Council of Ministers and RTF and advise them on ways of exchanging information, operational expertise, and assist the Committee of Ministers and RTF in operational coordination and cooperation. as appropriate. The Ministries of Internal Affairs of the Republic of Slovenia and the Federation of Bosnia and Herzegovina and the Brčko District were trained to write standardized police reports.

Bosnia and Herzegovina should develop an immigration system at national level, according to European Union standards, allowing Bosnia and Herzegovina to be integrated into the European Union immigration system. A State Commission has recently been formed to deal with the reconstruction of the police system, with the aim of further centralizing the current police system to increase its effectiveness and assigning a more important role to the Ministry of Security in the overall process. In order to work at full capacity on the implementation of the law, the Ministry of Security must urgently continue to fill its vacancies.

OBSU – Observation and Surveillance Unit (within the SBS) OHCHR – Office of the High Commissioner for Human Rights OHR – Office of the High Representative in Bosnia and Herzegovina PIC – Peace Implementation Council. The research work was done with valued contributions from the national expert Damir Vejo, Head of Department for Organized Crime and Corruption at the Ministry of Security.