BOSNIA AND HERZEGOVINA COUNCIL OF MINISTERS SECOND READINESS REPORT ON THE IMPLEMENTATION OF THE ROAD MAP FOR VIZA LIBERALIZATION Sarajevo, 1 October 2009 CONTENT BLOCK 1 – Document Security ................................................................................................... 3 BLOCK 2 - Illegal migration, including readmission ................................................................ 7 BLOCK 3 - Public order and security……………………………………..………………...… 18 BLOCK 4 - External relations and fundamental rights………………...…………………….. 63 ANNEX 1 – Migration Profile of Bosnia and Herzegovina …………………………………... 65 ANNEX 2 – Returnee Reintegration Strategy…………………………………………………131 ANNEX 3 – Strategy for Combating Organized Crime…………………………………....... 167 ANNEX 4 – Strategy and Action Plan for the Prevention of Money Laundering and Financing of Terrorist Activities in Bosnia and Herzegovina………………....190 ANNEX 5 – National Anti-Corruption Strategy and Action Plan…………………………...217 ANNEX 6 – Draft Law on Amendments to the Criminal Code of Bosnia and Herzegovina …………………………………………………………242 ANNEX 7 – Draft Law on Agency for Prevention of Corruption and on Cooperation in Fight of Corruption……………………………………………………………281 ANNEX 8 – Law on Prohibition of Discrimination…………………………………...………290 ANNEX 9 - Bosnia and Herzegovina Chief Prosecutor Report...............................................301 ANNEX 10 – Information on the situation in the Institution of Human Rights Ombudsman for Bosnia and Herzegovina………………………………..……308 2 BLOCK 1 Document Security Passports/travel documents, ID cards and breeder documents (benchmarks 1-5) Introduction of biometric passports (please specify the number of biometric passports issued) Bosnia and Herzegovina has started the issuance of passports in compliance with the biometric standards as of July 1, 2009: 1. 142 municipalities, 10 cantonal Ministries of Inferior (MoI), MoI of the Republic of Srpska, the Public Register of Brcko District, Ministry of Civil Affairs, Ministry of Foreign Affairs, and Diplomatic and Consular Representation (DCR) Network and the Agency are connected into the System; 2. The online system connects 322 locations in Bosnia and Herzegovina and abroad (DCR network), which includes all foreseen locations? 3. Over 45 000 applications, in compliance with the above procedures, have been received within the period from 1 July 2009 to 11 September 2009 and over 41,000 current passports have been issued under the biometric standard system. Since 1 July it is impossible to issue a passport without complete identity verification by the MoI and local authorities. 4. The applied procedure is the as following: a. A citizen submits an application with the MoIs in the municipality, DCR network or Public Register in Brčko; b. Police authorities require the electronic verification of the registration in the Main Register Books by municipalities; c. A municipality verifies the registration in the registers; d. MoI performs additional identity verification, and delivers the data to be personalized; e. Prior to personalization, a final check whether there is a person in the register with such an identity is to be done; f. Full procedure is applied apart from chip personalization on the form. g. Personalized passport is to be returned to the MoI or transported to the DCR network. 5. After control of biometric forms, and no later than 15 October 2009, issuing of biometric passports will begin: a. The procedure is as described above; b. The phase of EAC chip personalization is to be included in the personalization process, c. Biometric passport control is to be included in the control process; The institutions responsible for documents in BiH are: 1. Main register books, birth certificate and citizenship certificates a. Jurisdiction for issuance: local administration authorities (local authorities) b. Supervision over issuance i. FBiH: Cantonal MoIs and the Ministry of Justice ii. Republic of Srpska: Ministry of local administration iii. Brčko District: Public Register c. Registers and personalization i. Registers are maintained by the local authorities ii. Personalization of documents is carried out by local authorities 2. Identity cards a. Jurisdiction for issuance: 3 i. FBiH: Police administrations of the Cantonal MoIs ii. Republic of Srpska: Public Security Centers, Public Security Stations and Police Stations of the MoI of RS iii. Brčko District: Public Register b. Supervision over issuance: i. FBiH: Cantonal MoIs ii. Republic of Srpska: MoI iii. Brčko District: Government iv. Ministry of Civil Affairs c. Central register and personalization: i. The Agency for identification documents, registers and data exchange (IDDEEA) deals with technical maintenance of the central register through which the data exchange is carried out. ii. The owners of the data are the authorities referred to under a. of this item iii. The IDDEEA is in charge of personalization of documents and a central stock of blank documents 3. Passports a. Jurisdiction for issuance: i. FBiH: Police administrations of the Cantonal MoIs ii. Republic of Srpska: Public Security Centers, Public Security Stations and Police Station of the MoI of RS iii. Brčko District: Public Register iv. Diplomatic and Consular Representation Network b. Supervision over issuance: i. FBiH: Cantonal MoIs ii. Republic of Srpska: MoI iii. Brčko District: Government iv. Ministry of Foreign Affairs v. Ministry of Civil Affairs c. Central register and personalization: i. The Agency for identification documents, registers and data exchange (IDDEEA) deals with technical maintenance of the central register through which the data exchange is carried out. ii. The owners of the data are the authorities referred to under a. of this item iii. The IDDEEA is in charge of personalization of documents and a central stock of blank documents All institutions are connected into a single electronic system which means that the system is fully operational throughout Bosnia and Herzegovina. BiH will provide information when the biometric forms have been introduced, which is foreseen at the latest by 15 October, 2009. Below you will find the planned number of issued biometric passports from the year of 2009. 1. Period October 15 – 31, 2009 – approx. 10 000 2. November 2009 – approx. 20 000 3. December 2009 – approx. 20 000 Larger quantities of issued biometric forms might be expected due to the fact that visa liberalization will be applied only to biometric passport bearers. 4 Measures taken to ensure systematic training and general anti-corruption programmes targeting public officials dealing with issuance of breeder documents, ID cards and passports At its 91st session, the BiH Council of Ministers adopted a Rulebook on protection of official secrets and data in the Agency for Identification Documents, Registers and Data Exchange. It is stipulated that any of the employees of all the competent authorities dealing with issuing of documents must undergo general security screening. All the competent authorities have already started the security screening procedures. In compliance with the recommendations of the IDDEEA, all the local authorities in charge of maintenance of main register books and all the passport issuing authorities have adopted anti-corruption programs and those are being implemented throughout the country, which also have been confirmed in writing by these authorities to Ministry of Civil Affairs. In addition all authorities included into the so-called “identity chain” have adopted education programs and inspection plans. During the summer months of 2009, the Minister of Civil Affairs of Bosnia and Herzegovina and the Director of Agency for Identification Documents, Registers and Data Exchange have visited all authorities competent for issuance of documents and have followed up directly on particular the necessity of fight against corruption. Measures taken to ensure systematic reporting of lost and stolen travel documents by IDDEEA via Interpol NCB Sarajevo Project implementation PUSH & PULL i.e., automatic data entry in the database of stolen and lost travel documents (SLTD) and stolen vehicle (SMV) of the International Criminal Police Organization – INTERPOL, is realized. Until 12.08.2009 communication between IDDEEA database of stolen and lost travel documents and Oracle Lite database in the NCB Interpol Sarajevo was successfully tested. Automatic transfer of data from the database of NCB Interpol Sarajevo with the central database server in the General Secretariat of INTERPOL was successfully tested as well. Also, the transmission of manually entered data from IDDEEA‟s register of stolen documents in the Oracle Lite database of stolen documents in the NCB Interpol Sarajevo successfully has been tested. The Guidelines on systematic reporting of lost and stolen travel documents have been adopted by IDDEEA and NCB Interpol Sarajevo. Regarding above mentioned activities, NCB Interpol Sarajevo forwarded an Instruction to Ministries of Interior (Republic of Srpska, Federation of Bosnia-Herzegovina, 10 cantons and Brcko District Police) on insertion of stolen/lost BiH travel documents data. Previously arranged with IPSG Lyon, on September 15 2009 PUSH/PULL process of data insertion was activated. Activation requested following: - all data was deleted and automatic data exchange with IDDEEA was terminated; - IPSG performed data transfer on PUSH/PULL server; - NCB Sarajevo performed synchronization with IPSG server. On 15 September, 2009 IPSG activated PUSH/PULL server,