The dynamics of migration in the Western Balkans has been undergoing profound changes in recent years. Countries in the region are still struggling with the consequences of large-scale population displacements and conflicts from the period 1991-1995. year. However, gradual political stabilization has transformed the Western Balkans into a transit region and an increasingly frequent destination for migrants and refugees outside the region, including vulnerable groups such as victims of human trafficking, unaccompanied minors, children separated from their families and women at risk.
Thanks, to a large extent, to its strategic geopolitical position, the Western Balkans has become an important point on one of the main migratory routes on the way to the EU. An increasing number of mixed migratory flows originating from countries outside the region, especially from Syria, Afghanistan, Eritrea, Somalia, Sudan and Mali (known as "refugee-producing" countries), arrive from Turkey and/or Greece and pass through the region using the so-called "Western Balkan route". Many submit applications for recognition of asylum in one or more countries of the Western Balkans, but most often continue their journey before their asylum applications are processed and their protection needs determined.
The numbers have risen from less than 400 asylum seekers in the region in 2008 to approximately 12.000 in 2013. It seems that this growth trend continues during 2014. In the period January-August 2014, a total of 8474 persons requested asylum in the region (Albania, BiH, FYROM, Montenegro, Serbia and Kosovo - the name does not reflect the status of Kosovo and is stated in in accordance with Resolution 1244 and the Opinion of the International Court of Justice on the declaration of independence of Kosovo and Serbia), of which 82 percent in Serbia.
A certain number of migrants and refugees entering the region is the result of secret border crossings at border crossings or illegal crossings at green borders. These irregular movements and related transnational crime, such as people smuggling and human trafficking, lead to an increase in the number of concerns common to all countries on the migration route. They represent security threats, negatively affect access to protection for those who need it, and make people on the move more susceptible to security risks and serious human rights violations.
The border management agencies of countries in the region have developed capacity and expertise on a wide range of migration-related issues. However, they were established based on a migration scenario that is quite different from the current situation. The drastic increase in the volume and complexity of what irregular migration largely represents, as well as the absence of adequate financial resources, have affected the ability of competent authorities to effectively manage these flows. As a result, border management agencies do not always have the necessary experience, capacity and tools to adequately perform their duties. It is necessary to raise the level of knowledge, especially with regard to determining the identity of persons arriving on the territories of countries in the region, identifying their specific needs, as well as timely differentiation of different groups of persons on the move (such as refugees, unaccompanied minors and children separated from their parents, women and girls exposed risk, victims of human trafficking, etc.).
All countries in the region (with the exception of Kosovo, UNSCR 1244/99) are signatories to the Convention on the Status of Refugees from 1951 and the Protocol from 1967 (basic legal documents defining refugees, their rights and legal obligations of states) and have established national asylum systems . However, limitations in the law enforcement process and deficiencies in institutional capacity do not always guarantee that asylum seekers will be able to access fair and efficient asylum procedures and enjoy basic standards of treatment. Newly established asylum systems are also easily overwhelmed by the sudden increase in newly arrived asylum seekers, so they are often unable to respond to the most urgent needs in an appropriate manner. Shortcomings in asylum procedures affect the quality of decisions. The number of persons granted refugee status remains extremely low despite the fact that many asylum seekers originating outside the region come from refugee-producing countries and are potentially in need of international protection.
Until now, the countries of the Western Balkans have been focused on efforts to find solutions for refugees and internally displaced persons from the conflict in the Balkans, while in most countries there are no frameworks for solutions for newly arrived refugees and other vulnerable groups that come from outside the region and have specific needs.
To address this situation, the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) launched a joint initiative in 2013 to help governments in the region improve their comprehensive refugee protection and migration management systems. The goal of the initiative is to strengthen the capacities of states and other actors to deal with mixed movements of migrants and refugees originating outside the region in a more predictable, effective way, which will take into account the needs for legal protection. The aim is also to encourage regional dialogue and practical cooperation on relevant issues of common interest. At the same time, it is necessary to respond to the legitimate concern of states to protect their borders and territories, as well as the need to fulfill international obligations assumed by signing the Convention on the Status of Refugees from 1951, which represents a contribution to international solidarity and sharing of responsibilities.
Across the region, national consultations and information meetings were held with officials of competent state bodies and representatives of civil society. At those meetings, areas were identified in which targeted activities at the national and/or regional level would contribute to solving existing challenges, taking into account the specific reality of each country.
In December 2013, UNHCR and IOM participated in the organization of a round table of regional experts ("Refugee protection and international migration in the Western Balkans: Proposals for a comprehensive regional approach"). The meeting, held in Vienna, brought together many participants, including high officials from the countries of the Western Balkans (Albania, Bosnia and Herzegovina, Montenegro, Serbia, the Former Yugoslav Republic of Macedonia and Croatia as a member of the European Union), as well as representatives of Kosovo (S/RES /1244 (1999)), representatives of relevant international actors such as the Regional Initiative for Migration, Asylum and Migration (MARRI), the European Commission, UNHCR and IOM.
Bearing in mind that migration is, by definition, a cross-border phenomenon and that the individual activities of the states give only limited results that often only lead to shifting the pressure of migration across the border, the participants of the meeting drafted a plan with specific recommendations regarding the activities to be undertaken. States have identified eight priority areas, including access to the territory and the possibility of seeking protection, procedures for determining whether a person is a refugee, improving conditions for asylum seekers while they await the outcome of the procedure, implementing solutions for refugees, identifying and providing assistance to asylum seekers and migrants with specific needs, strengthening of regional cooperation, exchange of information, etc.
In accordance with the stated aspirations of the countries of the Western Balkans to join the European Union, this regional initiative also aims to help countries to meet not only relevant international but also European standards in the field of asylum and migration.
Service for Legal Protection of Refugees, UNHCR Representation for Serbia
The project "Looking at European law: Refugees and asylum seekers" is financed by the European Union (through the EU Delegation in Serbia) through the "Strengthening media freedom in Serbia" program. The publication of this publication was made possible with the financial assistance of the European Union. The content of the publication is solely the responsibility of the weekly "Vreme" and in no way reflects the views and opinion of the European Union.
photos in the appendix: m. Milenković and Ivan Šepić
