Interview with Lucie Gagné, UNHCR Representative in BiH

We have recently marked the 3rd anniversary of Russia’s invasion on Ukraine. What is the current situation of the forcibly displaced in that country? 

After three years of Russia’s full-scale invasion, the war, hostilities, destruction and displacement continue to be a daily reality in Ukraine. Everybody in the country is affected and living in constant anxiety of when the next attack will hit, and in uncertainty about the future. This is not normal and must never become the new normal. 

UNHCR, the UN Refugee Agency, estimates that 10.6 million Ukrainians are displaced – almost a quarter of its pre-war population. Inside Ukraine, 3.7 million have been uprooted, while 6.9 million refugees continue to receive protection abroad. In the last six months alone, more than 200,000 people have fled their homes in eastern Ukraine as attacks increased. As human suffering continues, providing immediate life-saving assistance to those most affected as well as opportunities to recover is more needed than ever.

UNHCR provides direct emergency response to address critical humanitarian needs. This includes providing immediate and life-saving assistance to people remaining in frontline settlements and after aerial strikes and shelling, as well as psychosocial support and legal aid to restore lost or damaged documents and access administrative and social services, repairs of homes, cash assistance and support to collective sites hosting internally displaced people.

I must add that UNHCR is not currently promoting returns and calls on all countries hosting Ukrainian refugees to continue providing protection and not to force or pressure refugees to return against their will to a country at war.

How many Ukrainian refugees are currently in BiH, and what is their situation?

As of end 2024, there were some 270 Ukrainian refugees still residing in BiH. In the absence of the provision, by the BiH authorities, of temporary protection, as it was granted in the majority of European states, BiH facilitated their entry and time-limited residence on humanitarian grounds, with no associated basic rights - such as health, education or work - besides legal stay. Ukrainians who decided to further their asylum applications had their claims processed and were, unfortunately, granted subsidiary protection instead of refugee status. 

We have been advocating, unsuccessfully, with the authorities here to grant these people temporary protection status. The reason for this is that we believe that ppersons displaced from Ukraine as a result of the ongoing international armed conflict are likely to fall within the refugee definition, as per the 1951 Refugee Convention that Bosnia and Herzegovina has ratified. 

What is, broadly speaking, UNHCR doing in BiH, and whom do you assist?

As you know, UNHCR has been present in BiH since 1992, when it led a large-scale humanitarian operation during the conflict in former Yugoslavia. Over the years, our operational footprint has been progressively reducing, shifting focus from humanitarian support to UNHCR’s core and sustainable mandate activities related to asylum, finding durable solutions for refugees, and statelessness expanding monitoring and advocacy efforts.

Today, UNHCR works closely with the authorities in Bosnia and Herzegovina (BiH) to ensure access to a fair and efficient asylum procedure, to resolve known cases of statelessness and to support local integration for those who are granted international protection status in BiH.

As for the population we are currently working with and for in BiH, there are currently 256 people who have so far received international protection in BiH Majority of them are from Türkiye, Russian Federation, Ukraine, Syria etc. At end 2024, we had 203 asylum-seekers whose claims are in different stages of the asylum procedure, and who are awaiting a final decision on their applications. 

How would you evaluate the state of the asylum system in BiH? 

The majority of individuals arriving irregularly in BiH as part of mixed movements are registered and issued with an attestation of the expressed intent to apply for asylum upon arrival. However, only a small percentage of them have a genuine interest to seek asylum in BiH and formally register their asylum application

In BiH, currently, there are no mechanisms to identify individuals in need of international protection and with interest in seeking asylum in BiH and differentiate them from individuals who intend to move on.  For this reason, UNHCR supports the authorities in establishing a sustainable mechanism in line with the BiH legal framework by which the vulnerable individuals who are likely in need of international protection and with a real interest in pursuing asylum in the country, are identified at the earliest opportunity and whose asylum claims are processed with priority. 

In this context, how satisfied are you with the functioning of the asylum procedure?

In 2024, although the BiH authorities recorded a decrease in irregular arrivals, the Sector for Asylum of the Ministry of Security registered a higher number of asylum claims (59% more than in 2023), mostly from Syrian, Turkish and Palestinian nationals. Also, the proportion of positive vs. negative asylum decisions issued in 2024 remained stable compared with 2023 This said, the majority are not being granted refugee status (while many should) but are instead being granted subsidiary protection which does not allow long term solution. For example, with Palestinian asylum-seekers who recently were evacuated from the Gaza conflict and would merit to be recognized as refugees according to the 1951 Refugee Convention. However, none of them have so far been recognized as such. Currently in BiH, only refugee status warrants access to family reunification, travel documentation and a path to naturalization. 

However, there are major delays with the process that should help establish if a claimant is in need of international protection, or not. At the end of 2024, 41% of asylum-seekers awaiting interviews have been waiting for more than six months, creating a backlog and delaying access to rights and therefore not being able to be self-sufficient. These cases should be processed much faster as there are no clear obstacles to prevent a timely processing. In this context, it is worth reminding that, as per the BiH Law on Asylum, waiting time from registration to decision should be up to six months, and exceptionally up to 18 months.

Long delays in the procedure and unnecessary delays to have rights associated with the recognized status may discourage people in need of protection to pursue the procedure in BiH and may be tempted to move onwards.  

Are people seeking asylum in BiH properly informed about their rights and obligations? How is UNHCR ensuring this?

People in need of international protection are can currently be informed about asylum and legal representation through UNHCR-supported legal aid NGO in the transit centers. In parallel, UNHCR is working on strengthening the capacities of public free legal aid offices to improve access to legal representation and to build a larger base of experts capable of responding to the legal needs of forcibly displaced and stateless people in BiH. These efforts yielded some positive results with a few cases referred to the Free Legal Aid Office of the Ministry of Justice. 

Progress was made towards the improvement of the free legal aid legislation including forcibly displaced and stateless as beneficiaries of free legal aid. In March 2024, the Una-Sana Canton introduced changes to its Law on Free Legal Aid, enabling asylum-seekers, people under international protection and stateless people/people at risk of statelessness to benefit from it. This is a positive example, as the public legal aid system in BiH is not completed, lacks capacities and, in many cases, people supported by UNHCR are not covered or lack effective access. UNHCR is also working with other UN agencies (UNDP, UNICEF and OHCHR) on a project to support the development of an effective and efficient free legal aid systems for the vulnerable populations in BiH including people UNHCR cares for.

You mentioned that one of your operational priorities in BiH includes Integration/social inclusion of the people who had been forcibly displaced. What has been undertaken in that regard?

The Ministry for Human Rights and Refugees, with support from UNHCR, plays a leadership role on integration and access to rights for people under international protection. Better conditions for local integration and socio-economic inclusion were achieved in 2024 through advocacy, capacity strengthening activities, but also direct assistance from UNHCR and partners. Coordination with the MHRR was crucial in raising awareness and reaching solutions at the level of municipal authorities, but also of the State with specialized institutions (e.g. for access to the banking system). Particularly positive results were reached on employment and self-reliance. In the Sarajevo Canton, thanks to advocacy efforts by UNHCR and partners, unemployed refugees who are registered with municipal employment offices are now eligible to access public employment programmes. They have equal status as BiH citizens, which is reducing their reliance on international assistance, and offering them the chance to contribute with their talents and skills to their new communities that have generously embraced them. Finally, we are enhancing cooperation with the private sector, with more companies willing to employ refugees in BiH identified.

What is the situation in relation to the phenomenon of statelessness in BiH?

Statelessness applies to somebody whose citizenship is not recognized by any state. One of the main causes of statelessness, which especially applies to Bosnia and Herzegovina and the broader Western Balkans region, is the dissolution of often multi-ethnic states and the subsequent emergence of new states. The dissolution of the former Yugoslavia, for example, left thousands of people either stateless, or at risk of statelessness.  UNHCR has been supporting the authorities in finding solutions for the cases of statelessness in BiH for the last 25 years. 

UNHCR supports provision of free legal aid to stateless persons through our legal aid partner, and it advocates for further facilitation of birth and citizenship registration. UNHCR uses a proactive approach with the authorities at all levels, to identify and effectively respond to cases of stateless persons and to prevent new cases from arising. 

Significant progress has been made to address the issue of statelessness in BiH, with only 13 known cases of stateless people and people at risk of statelessness left at the end of 2024. UNHCR and its legal aid partner advocated for their inclusion as beneficiaries of governmental free legal aid throughout BiH. Positive results were reached in the Una-Sana Canton, which amended its Law on Free Legal Aid in that sense.

Overall, since 2014, 870 people obtained documents with support from UNHCR and partners. However, a sustainable prevention mechanism is lacking and there are still gaps in law and practice that need to be addressed to prevent new cases from arising.

If all stakeholders join their will and efforts, BiH could be among the first countries in Europe to resolve known cases of statelessness and hopefully alleviate the process for potential cases in the future.