MPRC_LIPA_May_2022
Funded by the EU Annex I: Description of the Action Extension of the multi-purpose reception centre at Lipa in line with European and international standards (MPRC LIPA) <levp Migra Implemented by: International Centre for Migration Policy Development (ICMPD) Draft Version 24 May 2022 List of Acronyms Page 1 of 48

EB - End Beneficiary EU - European Union EUD- Delegation of the European Union ICMPD - International Centre for Migration Policy Development MoS - Ministry of Security MoU- Memorandum of Understanding PIT - Project Implementation Team PSC - Project Steering Committee PM - Project Manager PMT - Project Management Team RCO - Regional Coordination Office, ICMPD SFA - Service for Foreigners’ Affairs SO - Specific Objectives SOPs - Standard Operating Procedures TDF - Temporary Detention Facilities MPRC - Multi-purpose Reception Center TOR - Terms of Reference WG- Working Group WP- Work plan Page 2 of 48

CONTENTS 1. IDENTIFICATION el 2. RATIONALE OF THE ACTION. .7 3. BACKGROUND......coarerimrarans .8 3.1. CURRENT SITUATION AND GAPS/NEEDS. .8 3.2. BACKGROUND.......coeoviumiiriiiiiiniennns .9 a4 DETAILED DESCRIPTION OF THE ACTION. .12 OBJECTIVES/RESULTS/OUTCOMES/OUTPUTS/ ACTIVITIES.. = INDICATIVE PHASES OF THE ACTION s s N RISKS AND ASSUMPTIONS (W CROSSCUTTING ISSUES. U1 (B B 5. 5.1. 5.2. MONITORING... 5.3. EVALUATION.... 5.4. COMMUNICATION AND VISIBILITY... ANNEX A. LOGICAL FRAMEWORK MATRIX Page 3 of 48

1. IDENTIFICATION Title of the Extension of the multi-purpose reception centre at Action Lipa in line with European and international standards. |Tota| budget EUR 500,000.00 IDonor European Commission Implementatio International Centre for Migration Policy n Partner Development (ICMPD) Location of the Bosnia and Herzegovina Action Duration of 12 months the Action Objectives/ The Overall Objective of the Action is to support results better management of the mixed migration flows in Bosnia and Herzegovina. The Specific Objective is to improve capacities for the accommodation of migrants in temporary reception centers in Bosnia and Herzegovina by establishment of the temporary detention facilities for migrants within the multi-purpose reception centre Lipa in line with European and international standards. Results R1- Design and Technical Specifications of the Temporary Detention Facility of the multi-purpose reception centre at Lipa and needed equipment are developed; R2- A new space for detention is constructed and equipped_to; support the authorities of Bosnia and Herzegovina to further develop and implement capacity in the area of returns in order to address irregular migration. R3- The necessary legal basis for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards, are in place; Page 4 of 48

R4- Staff of the Temporary Detention Facility trained for the implementation of the legislation, regulations and standardized operational procedures, as well as international and EU standards. Page 5 of 48

Main Project Beneficiary: Target groups Ministry of Security - Foreigners Affairs’ Service of Bosnia and Herzegovina Additional Beneficiaries: a. Relevant Bodies and Institutions in relation to Migration Management: Ministry of Security - Sector for Migration Ministry of Security - Sector for Asylum Ministry of Security - Sector for General and Border Security Ministry of Security - Border Police Ministry of Security - State Investigation and Protection Agency Ministry of Security - Directorate for Coordiantion of Police Bodies of Bosnia and Herzegovina Ministries of Interior of: Federation of Bosnia and Herzegovina, Republika Srpska, cantons and Police of Brcko District of Bosnia and Herzegovina b. Other related actors: Civil society, local communities, migrants. Page 6048

SUMMARY The Action aims to Construct a new space for detention, where, in specific cases, measures of detention and restrictions of movement can be implemented in line with international and EU standards, while providing shelter and basic services until a final decision is taken on granting a statu based on their asylum application or return. It will have four components. Component 1 will review the current facilities of the multi-purpose reception centre Lipa and needs of the beneficiary institions, and in coordination with MoS, FAS and EUD develop design and technical specifications of the new space for detention, where, in specific cases, measures of detention and restrictions of movement can be implemented pursuant the Law on Aliens of Bosnia and Herzegovina and in line with international and EU standards, within the multi-purpose reception centre at Lipa, and needed furniture and equipment. Component 2 will aim to support related institutions and agencies to put the necessary legal basis for the establishment and functioning of the detention facilities and related regulations and standardized operational procedures pursuant to the Law on Aliens of Bosnia and Herzegovina and in line with international and EU standards, in place. Technical assistance to support the implementation will be provided. aimste-—censtructanew space rew—space—for—detention—where—in—specificcases—measures—of detention—and—restrictions—of—movement—can—be—implemented pursuant e-Law-on-Aliens-of Besniaand-Herzegevina—andintine with—international—and—EU-standards—while—providing—shelerand basic—services—unti final-decision—is—taken—on—asylum—or—return; Component 3 aims to construct a new space new space for detention, where, in specific cases, measures of detention and restrictions of movement can be implemented pursuant to the Law on Aliens of Bosnia and Herzegovina and in line with international and EU standards, while providing shelter and basic services until a final decision is taken on asylum or return, and procure specified furni ure and equipment. wil-aim-te-supportrelated-institutionsand %%%%%%%%fi%& tent acilities—and—related—regulations—and o eeeé%%p suant-te-theLaw-en-Aliens Page 748

standards—in—place—Technical—assistance support—the | Component 4 aims to enhance the capacities of the staff deployed in the detention facilities to efectivelly implement the legislation, regulations and standardized operational procedures, as well as monitoring the use of centre in line with international and EU standards related to the functioning of the detention facilities. 2. RATIONALE OF THE ACTION The Western Balkan migration route continues to exert pressure on the entire Western Balkan region, mostly on Bosnia and Herzegovina, North Macedonia and Serbia. The most affected Western Balkans were not well prepared to address the rapid increase of migrant flows since 2015. The relevant authorities lack adequate resources to sustain the accommodation, protection, social, educational and health services to be provided to the migrant population. There are currently less than 2,500 refugees, asylum seekers and migrants present in Bosnia and Herzegovina. Out of these, some 2,000 refugees, asylum seekers and migrants are accommodated in 5 EU- funded temporary reception centres. An increase in the number of arrivals in the near future should not be excluded. Following the humanitarian crisis at the end of 2020 and early 2021 in the Una Sana Canton and in Lipa, the authorities of Bosnia and Herzegovina decided to build a permanent multi-purpose reception centre in Lipa up to 1 500 asylum seekers with EU funding and the support of IOM and other partners. The centre, which is managed by the Service for Foreigners’ Affairs, should provide adequate living conditions and access to rights for refugees and migrants, until a final decision is taken on asylum, other protected status or return. Bosnia and Herzegovina must reinforce its capacity and Page 8,48

take all necessary measures to effectively manage the centre, fully respecting fundamental rights, domestic legislation and international standards, including for screening and registration, the protection of vulnerable persons and detention. 3. BACKGROUND 3.1. CURRENT SITUATION AND GAPS/NEEDS Another important challenge remains the need to ensure that, those not in need of international or temporary protection or who do not have a right to stay in the region, can be effectively returned to their countries of origin. So far, the return of migrants to their country of origin remains a challenging task given the lack of readmission agreements, the fact that readmissiom agreements have not been fully implemented and the lack of alternative arrangements with key countries of origin. In addition, often, identification and redocumentation processes by the countries of origin are inadequate and slow. Capacity is lacking for authorities to effectively carry out both assisted voluntary return and reintegration, and non-voluntary returns in line with EU and international standards. The lack of cooperation and lack of capacity leaves authorities without effective mechanisms to apply non-voluntary return options to migrants in an irregular situation, thus prompting further irregular movements within the region or towards the EU. The majority of refugees and migrants come from Afghanistan, Pakistan, Iran, Bangladesh, Turkey and Iraq. Page 9,48

Underpinned by the assumption that detention and non-voluntary return should only be used as last resort measures. In particular, for vulnerable migrants, the action will support the authorities of Bosnia and Herzegovina to further develop and implement capacity in the area of returns in order to address irregular migration. Fair and functioning asylum systems should underpin return capacities. The aim of this Measure is to support the Ministry of Security and Service for Foreign Affairs to manage the migration situation and related challenges. If the reception and protection services are enhanced and social services are provided then the migrant women, men and children receive adequate protection and access to proper accommodation and to social, educational and health services and vulnerable groups and unaccompanied Separated Children receive adequate Assistance . Herzegovina): E: £ activities: | e-Construction of a new space for detention, where, in specific cases, measures of detention and restrictions of movement can be implemented in line with international and EU standards, while providing shelter and basic services until a final decision is taken on asylum or return. The necessary legal basis needs to be in place. Safeguards need to be in place to ensure that laws, international standards and human rights are upheld and scrupulously applied, and the protection of migrants and asylum seekers is ensured. Applicants may be detained only under very strict circumstances, subject to international law principles, including the principles of necessity and proportionality, after an individual assessment of their case and if other less coercive alternative measures cannot be applied effectively. Authorities of Bosnia and Herzegovina should respect international and EU standards, including the provisions of the Return Directive 14, the European Committee for the Protection of Torture and Inhuman or Degrading Treatment or Punishment (CPT) standards and the Return Handbook15. A key condition to be met for the establishment of the detention area in Lipa is that Bosnia and Herzegovina needs to adopt the necessary legal basis Page 1048
