On 7 July 2021, The Special Representative of the Secretary General on Migration and Refugees, Ambassador Drahoslav Štefánek published a report on his mission to Bosnia and Herzegovina. Among the findings, the Special Representative recommended support to the authorities in developing and implementing a national policy capable of structuring and co-ordinating the country’s institutional response to the migratory phenomena, in compliance with international obligations. He also recommended to enhance the provision of necessary services, including accommodation, food supply and support in COVID-19 prevention, adapted accommodation for unaccompanied and separated children, and response measures among the migrants and asylum seekers – in particular in Una-Sana canton – through financial support by the Council of Europe’s Development Bank, sought by the authorities of Bosnia and Herzegovina.

The aim of the mission was to provide a picture of the current situation of migrants, refugees and asylum seekers in Bosnia and Herzegovina with a focus on vulnerable persons, including families with children, unaccompanied and separated children and women. The report focused on aspects having a significant impact on the respect for human rights of migrants and refugees, namely: reception conditions, the treatment of vulnerable categories, and access to asylum. The report builds on the main conclusions and recommendations formulated in the report drafted by the former SRSG on Migration and Refugees, which was published in April 2019.

On 9 July 2021, the Council of Europe, through the Special Representative on Migration and Refugees, and the EU Agency for Fundamental Rights (FRA) published a new joint Note entitled “European standards on legal remedies, complaints mechanisms and effective investigations at borders”. In an effort to join forces in the protection of human rights at European borders, the new publication sets out the relevant standards, stemming from both the European Convention on Human Rights (ECHR) and EU law, through which migrants, asylum applicants and refugees can access effective remedies at a national level. The Note provides detailed information on complaints mechanisms and the duty to carry out investigations into alleged violations of rights at European borders. As established in Article 1 of the ECHR, everyone within the jurisdiction of the Council of Europe’s 47 member states enjoys the protection of the Convention. Accordingly, States have an obligation to establish dedicated mechanisms for lodging administrative and judicial complaints through which migrants, asylum applicants and refugees can submit allegations of rights violations at borders and access effective investigations.

The new publication is a complementary follow-up to the previous Note: “Fundamental rights of refugees, asylum applicants and migrants at the European borders’, published in March 2020“.