BiH is a State party to the 1951 Convention (the Convention) and its 1967 Protocol relating to the Status of Refugees. By virtue of the Constitution, BiH is also a party to other relevant international human rights treaties. UNHCR has been heavily involved in the establishment of the legal and administrative framework for asylum from the very beginning of its development.

As a result, the BiH legislation on asylum is generally in line with the international principles and the EU acquis, however some shortcomings do exist both in legislation and its implementation. The 2008 Law on the Movement and Stay of Aliens and Asylum (LMSAA) defines the legal framework for asylum. The framework is designed to ensure a simple but efficient procedure. It was introduced by the 2003 LMSAA and has not been changed by the 2008 LMSAA.

The majority of asylum seekers in BiH are persons from Kosovo who held TA status in BiH for as long as nine years. According to UNHCR’s Eligibility Guidelines for Assessing the International Protection Needs of Individuals from Kosovo of November 2009, the remaining asylum seekers-former TA status holders who are Roma from Kosovo would be entitled to international protection after a thorough individual asylum claim assessment.

The Council of Europe Commissioner for Human Rights, Thomas Hammarberg, holds the same opinion and has called on countries to refrain from forcible returns to Kosovo.