USK Ministry - Minister Kljajić responded to the Council of Ministers: Migrants cannot go to 'Bira'

SARAJEVO, (Patria) - We are aware that activities of the Council of Ministers of Bosnia and Herzegovina are currently underway regarding the adoption of a conclusion that will require the authorities of the Una-Sana Canton and the City of Bihać
to immediately carry out the acceptance and accommodation of a certain number of migrants at the location "Bira" in Bihać, states the introduction of the response from the Minister of Interior of USK, Nermin Kljajić, addressed to the Council of Ministers, the Ministry of Security, and other involved institutions.

"In this regard, we are obliged to inform you that the Assembly of the Una-Sana Canton, by its Decision number: 01-02-3-290/20 of 23.12.2020, took the position that it does not accept the return of illegal migrants to the reception center 'Bira' in Bihać, due to the already seen compromised security and health-epidemiological situation of citizens and their property. By the same Decision, the Operational Group for coordinating activities and supervision of the migrant crisis in the area of the Una-Sana Canton, the Ministry of Interior of the Una-Sana Canton, and the Ministry of Health, Labor and Social Policy of the Una-Sana Canton are tasked with taking all measures and actions aimed at preserving the security and health-epidemiological protection of citizens. In this regard, the Ministry of Interior is obliged to respect and implement the decisions adopted by the Assembly of the Una-Sana Canton, and carrying out actions of acceptance and accommodation of a certain number of migrants at the mentioned location, in the manner intended to be ordered by the conclusion of the Council of Ministers of BiH, would represent actions that directly violate the decision of the highest legislative body of the Canton," it was stated in the response, Patria reports.

On the other hand, it is added, based on the provisions of the Constitution of the Una-Sana Canton ("Official Gazette of the Una-Sana Canton", numbers: 1/4 and 11/04), and the Law on Internal Affairs of the Una-Sana Canton ("Official Gazette of USK" number: 13/16), institutions at the cantonal level of government have no jurisdiction to carry out actions of acceptance and accommodation of illegal migrants, nor can the undertaking of such actions be ordered to them. In its previous handling of illegal migrants, the Ministry has undertaken actions and activities aimed at ensuring public order and peace, the safety of citizens and property, given the lack of reactions from competent state institutions to establish control over the situation that was on the verge of escalation.

"As you are well aware of the fact, in the area of our Canton at this moment there is a larger number of foreigners - illegal migrants who are currently staying in the open space of the former transit center 'Lipa' without basic conditions for their accommodation, which represents a major humanitarian problem. However, the Council of Ministers of BiH must take into account the fact that the Una-Sana Canton has been dealing with the consequences caused by the migrant crisis for three years, independently or with negligible help from higher levels of government, and that the greatest burden of this crisis is borne by the Ministry of Interior, which works day and night to maintain a favorable security situation. We consider it necessary to remind you of the events that took place during October 2018, when citizens of the City of Bihać self-organized and blocked main roads towards Sarajevo, stopping all buses transporting passengers, and through mass demonstrations in motion, blocked the work of several institutions and international organizations dealing with migration issues. Likewise, we are obliged to point out to you the circumstance that the protests of citizens of the City of Bihać in front of the former factory "Bira" have been ongoing for months, in recent days with greater intensity, and that acting in accordance with your conclusion would in any case lead to a significant threat to the security situation in the area of our Canton, given the expected rebellion of citizens. According to our assessments, the relocation of migrants would lead to enormous dissatisfaction among citizens, which would ultimately result in mass riots," it was stated.

Kljajić notes in the response that this Ministry is not aware of the legal basis for establishing temporary reception centers, bearing in mind that the regulations governing the area of migration prescribe the establishment of centers for the reception and accommodation of asylum seekers, which are established within the Ministry of Security and represent a specialized institution intended for the accommodation and reception of asylum seekers in BiH – Article 34 of the Law on Asylum in BiH ("Official Gazette of BiH" number: 11/16).

"We appreciate that the Council of Ministers of BiH will fully consider all the mentioned circumstances we have previously pointed out, especially the fact that the said facility was not subject to a procedure in which it should have been determined whether it meets the conditions prescribed by domestic legislation for the establishment of reception centers for the accommodation of migrants," Kljajić concluded in the response.

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The responses were sent to: the Council of Ministers of BiH, the EU Delegation to BiH, the Ministry of Security of BiH, the Ministry for Refugees and Displaced Persons of BiH, the DRC Refugee Council, IOM, UNHCR, the OSCE Mission to BiH, the Government of USK, mayors, and Civil Protection of USK.