MPRC_LIPA_May_2022

/ 48
PDF herunterladen
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
11

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
12

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
13

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
14

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
15

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
16

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
17

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
18

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
19

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
20

Zur nächsten Seite