Bosnia and Herzegovina is not currently conducting negotiations, nor are there any initiatives to establish reception centers for migrants on its territory, while the competent institutions are monitoring the implementation of the new European framework for migration and asylum, which should introduce stricter and more efficient procedures for the return of persons who do not have the right to stay in the European Union from the middle of this year.
At the beginning of June, the European Parliament and the Council of the European Union reached a political agreement on the new Return Regulation, which represents one of the key elements of the EU Pact on Migration and Asylum.
The goal of the regulation is to speed up and simplify procedures for returning citizens of third countries illegally staying in the EU, to increase the rate of completed returns and to enable the establishment of so-called return centers in third countries under certain conditions.
Although Bosnia and Herzegovina is not a member of the European Union, it is located on one of the main migration routes towards the member states, which is why the development of European migration policy and its possible effects on the region are carefully monitored.
The Delegation of the European Union in Bosnia and Herzegovina explained to Fena that the new regulation does not impose obligations on third countries, including BiH.
“The regulation requires EU member states to follow up return decisions with readmission when relevant. It does not create new obligations for the authorities of third countries,” the EU Delegation stated.
They add that the Agreement on readmission between the European Union and Bosnia and Herzegovina from 2008 remains in force and that there are currently no ongoing discussions on the conclusion of new agreements.
When it comes to the possibility of setting up reception centers outside the EU, the Delegation explains that the regulation enables member states or the European Union itself to conclude agreements with third countries on the establishment of such centers, with mandatory compliance with international law and human rights protection standards.
- Such a mechanism is currently not being developed at the level of the European Union – they pointed out.
The BiH Ministry of Security states that the new regulation should be viewed in the context of the wider EU Pact on Migration and Asylum, adopted in 2024, the full application of which will begin on June 12, 2026.
According to the Ministry, it is still too early to precisely assess all the consequences that the application of the pact could have on third countries, including Bosnia and Herzegovina, but it is certain that it will represent an important framework for further harmonization of domestic policies with European standards in the field of migration and asylum.
In accordance with the Stabilization and Association Agreement, Bosnia and Herzegovina continuously harmonizes its legislation with the acquis of the European Union.
For this reason, activities are underway to create a new Strategy in the area of migration and asylum and an Action Plan for the period 2026-2030. year.
According to the Ministry of Security, these documents will define possible normative and institutional adjustments that could result from the implementation of the European Pact, primarily within the framework of the Law on Foreigners and the Law on Asylum.
At the same time, the Ministry of Security rejects speculations about the possible opening of reception centers in Bosnia and Herzegovina.
“Bosnia and Herzegovina does not currently have concluded agreements or conduct negotiations on the establishment of reception centers on its territory. There are no concrete activities or initiatives that would indicate the establishment of such centers in Bosnia and Herzegovina,” they stated.
A similar position was expressed by the Ministry of Foreign Affairs of Bosnia and Herzegovina, emphasizing that it monitors the implementation of existing agreements on readmission between Bosnia and Herzegovina and the European Union.
“The agreements on readmission are properly implemented and during regular meetings with the European Union we do not have any problems or additional requests,” the Ministry confirmed.
The position on the new European regulation and return systems for Fena was submitted by the UNHCR, from which they emphasize that they consider the voluntary return of persons who do not need international protection to be the most efficient, dignified and sustainable option, which should remain the preferred approach.
At the same time, the UNHCR points out that they recognize the legitimate interest of states to ensure efficient return systems for persons who do not have the legal right of residence, and that the safe and dignified return of persons who have been determined not to need international protection is an important element of a functional asylum system and the broader international protection regime.
However, UNHCR reminds that all return procedures must be carried out in full compliance with international refugee law and international human rights law, including the principle of prohibiting the return of persons to countries where they could be exposed to persecution, torture or other serious rights violations, known as the principle of non-refoulement, as well as the right to an effective legal remedy.
- At this stage, let’s continue to carefully monitor the development of events related to the new regulation, and we will continue to cooperate with the institutions of the European Union and member states in order to support the implementation that protects the standards of international protection and basic rights – the UNHCR stated.
According to the data of the Service for Affairs with Foreigners, the return of migrants from Bosnia and Herzegovina is currently carried out through voluntary return and reintegration programs implemented by the International Organization for Migration (IOM), and through forced removal and readmission procedures for persons illegally residing in the country.
The biggest challenges remain determining the identity of migrants, obtaining travel documents, cooperation with countries of origin, and financially and logistically demanding return procedures. The service currently has accommodation facilities for approximately 3,000 people.
It follows from the responses of competent institutions and international organizations that the new European regulation on return will not automatically change the legal position of Bosnia and Herzegovina or impose new obligations on it as a third country.
However, given the migration flows on the Western Balkan route and the process of harmonizing domestic legislation with the acquis of the European Union, its application will be carefully monitored, especially in the context of readmission, capacity for reception and return, protection of the basic rights of migrants and refugees, and possible future adjustments to the domestic migration and asylum system.
At the beginning of this month, the EU member states and the European Parliament reached an agreement on the regulation on the return of illegal migrants, which will enable them to be sent to reception centers outside the EU, the Cypriot presidency announced.
“The new regulation will speed up the return process and increase the return of people who do not have a legal right to stay in the EU,” said Cyprus’ Deputy Migration Minister Nicholas Ioannides.
Rejected asylum seekers who cannot return to their countries of origin should be sent to these centers. This would apply in cases where the migrants’ home country refuses to accept their return or when the EU member state does not have diplomatic relations with the country in question.
These reception centers can serve either as a final destination or as transfer centers that facilitate further return to the country of origin or another third country.
