A/HRC/44/42/Add.3
The BiH Ministry of Security provides the following clarification
regarding paragraph 15.
The Law on Foreigners provides that surveillance by placement in an immigration center is
ordered by a decision for a period not exceeding 90 days and, after the expiration of this
period, if there are still reasons for which a foreigner has been ordered to be placed under
surveillance, the surveillance may be extended up to 90 days so that the total duration of
surveillance at the immigration center cannot exceed 180 days. In case of a lack of
cooperation of a foreigner in the process of deportation or a delay in obtaining the
necessary documents from the country to which the foreigner is deported, the duration of
surveillance may be extended for a period longer than 180 days, provided that the total
duration of surveillance at the immigration center may not exceed 18 months continuously.
If it is not possible to deport the foreigner from BiH within this period, he or she may be
placed under surveillance by restriction of movement to a certain area or place, with the
obligation to report to the organizational unit of the Service for Foreigners’ Affairs or
Police Department. An appeal to the second-instance authority may be lodged against the
decision on ordering surveillance by placement in the immigration center within three days
of service of the decision. The appeal does not stay enforcement of the decision. An appeal
may be lodged against the decision to place a foreigner under surveillance by restriction of
movement to a certain area or place with the second-instance authority within 15 days of
service of the decision. The appeal does not stay enforcement of the decision. In both cases,
an administrative dispute may be instituted against the decision of the second-instance body
by filing a lawsuit before the Court of BiH.
The BiH Ministry of Security provides the following clarification
regarding paragraph 20.
In 2013, the Council of Ministers of Bosnia and Herzegovina adopted the Decision
establishing the Coordination Body for Migration in Bosnia and Herzegovina. The 2016
Decision amending the Decision on the Establishment of the Coordination Body for
Migration in BiH extended the competence of the Coordination Body, so that in case of
migration emergencies or predictions of a migration emergency, the Coordinating Body
also acts as the Operational Headquarters for Migration in BiH. In that case, it will also
include representatives of the headquarters at the entity and Brcko District levels. It is the
responsibility of the BiH Operational Headquarters for Migration to coordinate all activities
with relevant institutions and agencies, as well as with established headquarters or other
bodies at the entity and Brcko District levels and with international organizations and nongovernmental organizations in order to overcome the particular migration crisis situation. It
is the responsibility of the BiH Operational Headquarters for Migration to propose
measures, decisions and procedures, through the Ministry of Security, to the BiH Council
of Ministers and appropriate institutions and agencies to address the particular migration
crisis. On 15 May 2018, the Coordination Body started functioning as the Operational
Headquarters for Migration in BiH.
The BiH Ministry of Security provides the following clarification
regarding paragraph 21 and 22.
The sentence “in the meantime, the Special Rapporteur notes with concern that the
Coordination Body has limited power to enforce its decisions at the entity, cantonal and
municipal levels" is superficial and not in the spirit of respecting the constitutional and
legal competencies in BiH, this should be removed or clarified.
In August 2018, the Coordination body to monitor the movement of illegal migrants across
the territory of the Republika Srpska was established in the Republika Srpska to monitor
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