MPRC_LIPA_May_2022
for the detention zone and ensure it has capacity to manage the area (including detention). A—part—of—this—Action—{Outpui—1-6—Bosnia—and—Herzegovina—is Fhe-Action-is—designed-toBIH can accommodate and assist up to 3 000 migrants, refugees and asylum seekers per day in up to 5 Temporary Reception Centres in Una-Sana, Sarajevo, and in Delijas Asylum Centre, while protection outreach teams will monitor and assist migrants, refugees and asylum seekers in need outside of formal reception centres. The authorities of Bosnia and Herzegovina are expected to take over the management of the reception centres and ensure that interntional standards are upheld. Bosnia and Herzegovina operates one dedicated immigration detention centre, near Sarajevo, which has been criticised for having inadequate conditions, including wuse of solitary confinement, lack of access to recreation, no provision of legal aide, and failure to undertake age assessments. which can accommodate only 120 migrants, divided in male and female Page 11,48
section and only two apartments which can accommodate 2 families. The country is also notorious for the terrible conditions at its reception centres. The UN Special Rapporteur on the human rights of migrants called conditions at one of the centres “inhuman” after his visit to the country in October 2019. 3.2. BACKGROUND 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 . According to the to the Commission Implementing Decision on the financing of the individual measure to strengthen the response capacity to manage migration flows in favour of the Western Balkans for 2022 in the Output 1.6: Extension of the multi-purpose reception centre at Lipa in line with European and international standards (Bosnia and Herzegovina) will be supported, including following tOutput—1-6:—Extension—of—the—multi-purpese—reception Page 12,48
R ithE . . | Type of activities: 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 asylum or return. The necessary legal basis needs to be in place. Safeguards need to be in place to ensure that laws, internationa 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 o 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 o the Return Directive 14, the European Committee for the Protection of Torture and Inhuman or Degrading Treatment or Punishmen (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 for the detention zone and ensure it has capacity to manage the area (including detention). A part of this Action (Output 1.6 Bosnia and Herzegovina) may be implemented in indirect managmenent with a pillar-assessed entity, which will be selected by the Commission’s services, using the following criteria: - Capacity and expertise to manage, oversee and implement construction work to enhance the multi- purpose reception centre in Lipa - Sufficient administrative capacity - Capacity to respond quickly - Proven track record and expertise in migration and border management related programmes in Bosnia and Herzegovina, as well as in the Western Balkans Experience with all tasks that are required under the special measure: logistical support, Page 1348
procurement, managing large and complex operations The implementation by this entity entails managing the construction of an improved isolation and detention zone at the multi-purpose centre at Lipa (Bihac), in line with international and EU standards. The entity or organisation will be required to successfully contribute to the achievement of output 1.6. 3.2.2 Cooperation between the EU and Bosnia and Herzegovina The past IPA phases have significantly supported the structuring of the mixed migration response in BiH, notably through the establishment of reception facilities in Una Sana Canton and Sarajevo Canton. At the onset of the response in 2018, other EU- funded projects also supported the expansion of the network of reception facilities (TRC Bori¢i, TRC Sedra, TRC Usivak, TRC Miral, TRC Bira and TRC Blazuj) Moreover, the previous phases of the IPA project also supported the functioning of protection-specific reception facilities including the Refugee Reception Centre Salakovac, and in Asylum Centre Delijas. The previous IPA-funded Special Measures to Support the Response to the Refugee and Migrant Situation in Bosnia and Herzegovina - Phase Il (April 2020 to March 2022, CN 2020/417-356) was also marked by many important changes in the number and structure of the reception facilities across BiH. To address this challenge EU in April 2020 supported the set-up of a new Emergency Tent Camp (ETC) in Lipa, which was specifically designed to allow better living conditions for migrants and asylum-seekers who were out of official reception in the Una Sana Canton. Later, TRCs Sedra, Bira and Miral are closed. Today, a total of five TRCs facilities are in operations, with a total capacity to accommodate approximately 5,280 persons. Additionally, the Delijas Asylum Centre can accommodate up to 145 individuals. With regards to state capacities, among other things, progress was achieved in the development of the new SMART centre management registration and data management system, which is now linked to the existing MoS border management system through a QR system that allows data sharing and facilitates continuity of assistance. The establishment of the SMART camp was requested by the Ministry of Security and SFA and deemed as a necessary and helpful asset for the local institutions to perform their work. Previous actions also supported the reinforcement of the SFA through staff recruitment, as well as support to Border police and Page 14 .48
other law enforcement agencies’ through accommodation, food, and operational equipment, while capacity building was provided to the state partners on CCCM, WASH, shelter, NFI and food distribution, etc. with the aim to enable them to play a more and more central role in the management of the TRCs, and to enhance institutional and policy sustainability of the Migration Response. Years of support in the area of CCCM now allows direct management of TRC Lipa by the SFA, and a clear set of policy initiatives and a transition plan for the management of all TRCs directly by the SFA. Achievements were also observed in relation to support for Border Police operations, including the relocation of staff of the BP and the SFA to key border crossing points procurement of vehicles, specialized equipment, and registration equipment for the SFA, as well as the reinforcement of SFA registration staff. IOM has also supported Cantonal level authorities such as Una Sana Canton Ministry of Health, Una Sana Canton Police the City of Biha¢, and the Biha¢ Civil Protection. This significantly contributed to increasing the permanent presence of the Border Police in strategic areas, to deter and detect criminal activities. It also contributed to strengthening their capacities to register new arrivals, screen people to identify those in need of protection. Finally, previous actions contributed to increased state and local institutions capacities in areas of asylum claim registrations, refugee system determination process and interviews, translation and interpretation services. 4.DETAILED DESCRIPTION OF THE ACTION 4.1. OBJECTIVES/RESULTS/OUTCOMES/OUTPUTS/ ACTIVITIES The Overall Objective of the Action is to support better management of the mixed migration flows in Bosnia and Herzegovina. The Specific Objective is 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. The intervention of the project will be structured around the following four Results, implemented respectively in four Components: Page 15,48
R1 - Design and Technical Specifications of the Temporary Detention Facility of the multi-purpose reception centre at Lipa and needed equipment are developed. Outcome 1 Review and assess the current situation in the TRC Lipa and identify all documentation needed for the establishment of the detention facility Output 1.1 Exact location for the detention facility, architectural and other requirements and list of the needed equipment are determined. Activities 1.1.1 Field missions Deliverables: * TOR for Recruitment of an Architect drafted * Selection of the Architect conducted e Field missions conducted to TRC Lipa, exact location for the detention facility, architectural and other requirements and list of the needed equipment determined in consultation with the project beneficiary and decided at the Steering Group * Field Mission Reports are prepared Deliverable: e Assessment Report with findings and recommendations. Output 1.2 Design of the TRC Lipa detention facility and technical specification of the equipment developed Activities 1.2.1 Development of the detention facility design and technical specification of equipment; Deliverables: * Design of the detention facility ¢ Technical Specification of the equipment Output 1.3 Permits and licences for the construction of the detention facility are ensured Activities 1.3.1 Submission of the request for the all necessary permits and licences; Deliverable: e Permit for the construction of the detention Page 1648
facility; * Permit and licence for the electricity supply; * Permit for water supply; * Permit for the sawage. Outcome 2 Prepare tender documentation for concrete base for the installation of the detention facility construction and oter infrastructural works, prepare tender for the suplly and installation of detention facility construction, prepare tender documentation for supply of specified equipment for detention facility Output 2.1 Tender documentation is prepared for publication Activities 2.1.1 Preparation of the tender documentation for concrete base for the installation of the detention facility construction and oter infrastructural works in consultation with the project beneficiary and decided at the Steering Group Deliverables: ¢ The tender for concrete base for the installation of the detention facility construction and oter infrastructural works published 2.1.2 Preparation of the tender documentation for suplly and installation of detention facility construction in consultation with the project beneficiary and decided at the Steering Group Deliverables: ¢ The tender for suplly and installation of detention facility construction published 2.1.3 Preparation of the tender documentation for supply of specified equipment in consultation with the project beneficiary and decided at the Steering Group Deliverable: e The tender for supply of specified equipment published R2 - A new space for detention is constructed and equipped. Page 17 r48
Outcome 3 Construct and equip detention facility Output 3.1 Concrete base for the installation of the detention acility and oter infrastructural works constructed Activities 3.1.1 Selected supplier works on concrete base for the installation of the detention facility and oter infrastructural works Deliverables: * Works accomplished and approved Output 3.2 Detention facility construction delivered and installed Activities 3.2.1 Selected suploer deliver and install detention acility construction Deliverables: «—Detention facility construction delivered, installed and approved Output 3.3. Specified equipment for detention facility delivered 3.3.1 Selected company deliver Specified equipment for detention facility Deliverables: * Specified equipment for detention facility delivered 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. Outcome 4 Revised and/or newly developed legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards Output 4.1 The institution in charge for migration management Page 1848
are supported in the harmonization of the legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards Activities 4.1.1 Review of the current country legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards, identification of gaps and development of recommendations ¢ TOR for Recruitment of International and National Experts drafted ¢ Vacancy announcements published (where relevant) * Consultation with the project beneficiary and/or decided at the Steering Group ¢ Consultation meetings/main conclusions report * Agenda and list of participants, notes from the consultation meetings ¢ Research Method applied ¢ Gaps and Needs Report based on desk analysis and field mission reports * Report is prepared Output 4.2 A drafts of the amandmens and/or newly developed legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards developed Activities 4.2.1 Thematic focus group discussions with representatives of relevant agencies for drafting of the amandmens and/or newly developed legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards Deliverables: e Concept note with the overview of agreed assistance (type, amount of expertise and period) ¢ Consultation with the project beneficiary and/or decided at the Steering Group e Consultation meetings/main conclusions report Page 19,48
e Agenda and list of participants, notes from the consultation meetings ¢ Research Method applied e Gaps and Needs Report based on desk analysis and field mission reports s Report is prepared 4.2.2 Support activities of relevant institutions and/or inter-agency working groups for drafting the amandmens and/or newly developed legal basis, regulations and standardized operational procedures for for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards Deliverables: ¢ Notes from consultation meetings e Drafted amandmens and/or newly developed legal basis, regulations and standardized operational procedures for establishment and functioning of the Detention Facilities and related regulations and standardized operational procedures in line with international and EU standards, support documents ¢ Handouts and brief notes on the focus group discussions 4.2.3 Review of different approaches to and models of legal basis, regulations and standardized operational procedures for establishment and functioning of the detention facilities and related regulations and standardized operational procedures in light of the best practices in the EU and other international best practices Deliverables: « Desk review of best practices * Workshop about selected best practices « Consultation meetings with institutions to identify the most suitable approach, mechanisms and model for Bosnia and Herzegovina 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 20,48