COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of Bosnia and Herzegovina Accompanying the document Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Bosnia and Herzegovina on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina
Date: 2025-11-28
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Bosnia and Herzegovina, European cooperation, Frontex, agreement (EU), border control, external border of the EU, migration control, operation of the Institutions, ratification of an agreement

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 28.11.2025  SWD(2025) 762 final  COMMISSION STAFF WORKING DOCUMENT Fundamental rights assessment of Bosnia and Herzegovina Accompanying the document Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of the Agreement between the European Union and Bosnia and Herzegovina on operational activities carried out by the European Border and Coast Guard Agency in Bosnia and Herzegovina     {COM(2024) 545 final}  
 
 
Summary 

This  assessment,  prepared  pursuant  to  Recital  (88)  of  Regulation  (EU)  2019/1896  (1)  (the 
‘Regulation’), reviews the fundamental rights situation in Bosnia and Herzegovina in the context 
of the status agreement between the European Union and Bosnia and Herzegovina, which allows  
for the deployment of border management teams of the European Border and Coast Guard Agency 
standing  corps  with  executive  powers  through  joint  operations  on  the  territory  of  Bosnia  and 
Herzegovina.  While  challenges  exist  in  access  to  asylum,  reception  conditions,  and  border 
management practices, these do not preclude operational activities with executive powers by the 
European Border and Coast Guard Agency (‘Frontex’) in Bosnia and Herzegovina, provided that 
strong safeguards and systematic monitoring are ensured. 

Introduction and legal basis 

Pursuant  to Article  73(3)  of  Regulation  (EU)  2019/1896,  deployments  of  border  management 
teams from the European Border and Coast Guard standing corps, whose members will exercise 
executive  powers,  to  a  third  country,  require  the  conclusion  of  a  status  agreement  between  the 
Union and that third country. Recital (88) of the Regulation invites the Commission to assess the 
fundamental rights situation ‘relevant to the areas covered by the status agreement in that third 
country’. This document aims to assess the fundamental rights situation in Bosnia and Herzegovina 
relevant to the prospective operational activities of Frontex in that country, in particular whether 
deployments  by  Frontex  in  support  of  the  border  management  authorities  of  Bosnia  and 
Herzegovina can be feasibly undertaken without contributing to serious or persistent violations of 
fundamental rights or of international protection obligations. This document is based on publicly 
available information, data, and reports regarding the protection of human rights in Bosnia and 
Herzegovina, in particular the international legal framework for the protection of such rights and 
obligations applicable in its legal order. 

Background 

Bosnia and Herzegovina remains a country of transit for migrants seeking to reach the European 
Union  via  the  Western  Balkan  route.  In  February  2025,  the  International  Organization  for 
Migration (‘IOM’) reported that most migrants interviewed in Bosnia and Herzegovina entered 
via Serbia, with 33% reporting reliance on facilitators to enter Bosnia and Herzegovina (2). As of 
January  2025,  temporary  reception  capacity  stood  at  approximately  4,500  beds;  in  May  2025, 
occupancy was recorded at 562 (3). Interviewees’ average length of stay was 36 days, over half of 
the respondents had already attempted to enter Croatia at least once at the time of their interview 

(1)   Regulation  (EU)  2019/1896  of  the  European  Parliament  and  of  the  Council  of  13  November  2019  on  the 
European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624 (OJ L 
295, 14.11.2019, p.1, ELI: http://data.europa.eu/eli/reg/2019/1896/oj). 
IOM, 
https://dtm.iom.int/reports/western-balkans-migrant-mobility-situation-report-february-2025. 

‘Migrant  Mobility  Situation  Report  –  The  Western  Balkans  –  February  2025’,  2025, 

(2)  

(3)   IOM,  ‘Bosnia  and  Herzegovina  migration  response  –  Situation  report  5-11  May  2025’,  2025, 

https://bih.iom.int/sites/g/files/tmzbdl1076/files/documents/2025-05/sit-rep-5-11-may-2025.pdf.  

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(4). While the number of unauthorised border crossings via the Western Balkan route has dropped 
significantly, the sub-route connecting Bosnia and Herzegovina to Croatia remains a significant 
point of irregular entry to the Union (5). 

In December 2022, the Commission presented a series of operational measures structured in five 
pillars to address the challenges posed by irregular migration via the Western Balkan route. The 
first set of these measures, under the pillar concerning the strengthening of border management, 
included  the  conclusion  of  a  status  agreement  with  Bosnia  and  Herzegovina,  followed  by  the 
implementation  of  Instrument  for  Pre-accession  Assistance  (IPA)-funded  programmes  to 
strengthen the country’s border management capacities (6).  

Frontex has a longstanding cooperation with the relevant authorities of Bosnia and Herzegovina. 
In 2009, it signed a working arrangement with the Ministry of Security of Bosnia and Herzegovina 
whose  Border  Police  is  Frontex’s  direct  counterpart  in  the  country.  Currently,  under  that 
arrangement,  Frontex’s  support  consists  of  limited  deployments  of Advanced  Level  Document 
Officers  and  border  guards  at  Sarajevo Airport  and  the  Zupci  –  Sitnica  border  crossing  with 
Montenegro. On 18 November 2022, the Council authorised the Commission to negotiate a status 
agreement with Bosnia and Herzegovina (7). Negotiations were conducted throughout 2024 and 
preliminary agreement between the negotiating teams was reached in December 2024.  

This status agreement allows Bosnia and Herzegovina to request Frontex’s operational support, 
including via tasks requiring executive powers, at its border crossing points and border area (8). 
The agreement’s provisional application provision means it enters into force (provisionally) upon 
signature.  

Alignment with European standards and cooperation with Union institutions 

The Commission’s 2025 enlargement report on Bosnia and Herzegovina notes that ‘Bosnia and 
Herzegovina has some level of preparation to implement the Union acquis and European standards 
in  the  area  of  the  judiciary  and  fundamental  rights’  (9).  While  the  ‘general  framework  for 

(4) 

IOM,  ‘Migrant  Mobility  Situation  Report  –  Bosnia  and  Herzegovina  –  January  2025’,  2025, 
https://bih.iom.int/sites/g/files/tmzbdl1076/files/documents/2025-04/eng-migrant-mobility.pdf.  

(5)   Frontex, ‘Irregular border crossings into EU drop sharply in 2024’, Frontex website, 2024, 

https://www.frontex.europa.eu/media-centre/news/news-release/irregular-border-crossings-into-eu-drop-
sharply-in-2024-oqpweX.  

(6)   European  Commission,  ‘EU  Action  Plan  on  the  Western  Balkans’,  5  December  2022,  https://home-

affairs.ec.europa.eu/document/download/e63e3b92-4f0c-4d95-a7f9-
b0aff2dd0efc_en?filename=Western%20Balkans_en.pdf.  

(7)   Council Decision (EU) 2022/2272 of 18 November 2022 authorising the opening of negotiations on a status 
agreement between the European Union and Bosnia and Herzegovina on operational activities carried out by the 
European Border and Coast Guard Agency in Bosnia and Herzegovina (OJ L 300, 21.11.2022, p. 25–26, ELI: 
http://data.europa.eu/eli/dec/2022/2272/oj). 

(8)   These are defined, respectively, as ‘the crossing-points authorised by the competent authorities in Bosnia and 
Herzegovina for the crossing of Bosnia and Herzegovina's land borders, including river and lake borders, sea 
borders, airports, river ports, seaports and lake ports’ and ‘the area extending 10 kilometres from the border line 
of Bosnia and Herzegovina into the territory of Bosnia and Herzegovina’. 

(9)   SWD(2025) 751 final of 4 November 2025, p. 5. 

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fundamental rights is largely in place’, it ‘needs to be improved’ (10). An overarching issue is that 
legislation  is  often  ‘not  harmonised  across  the  country,  and  institutional  cooperation  and 
coordination remain weak, leading to uneven implementation’ (11). The EU also supports Bosnia 
and Herzegovina to improve its democratic governance and human rights framework through the 
Thematic programme on Human Rights and Democracy (900 000 EUR in 2025-2026).  

Bosnia  and  Herzegovina  maintains  regular  border  management  cooperation  with  Croatia, 
including through joint patrols. It participates in the Europol-supported Task Force ZeBRA, which 
targets migrant smuggling networks (12). Since 2010, nationals of Bosnia and Herzegovina have 
enjoyed visa-free travel to the European Union; however, the country maintains visa-free regimes 
with ten countries (seven full and three seasonal) that are visa-required to enter the Union (as of 
June 2025) which contributes to an increased risk of irregular migration (13). Moreover, the EU 
also supports Bosnia and Herzegovina’s visa system through the Visa Capacity Building project. 
The  project  aims  to  combat  fraudulent  applications,  minimize  visa  misuse,  and  address  issues 
related to human trafficking and irregular migration. 

Bosnia and Herzegovina has taken steps to improve migration management and its alignment with 
the acquis. The legal framework on legal and irregular migration, including the Law on Foreigners, 
is broadly aligned with the acquis while legislation on the management of external borders and on 
trafficking in human beings is not yet aligned (14). In addition, issues with regard to implementation 
and resources were also noted. The Commission found, for example, that Bosnia and Herzegovina 
needs  to  ‘guarantee  access  to  quality  and  effective  asylum  procedures’  noting  that  ‘practical 
obstacles remain’ to accessing such procedures’ (15).  

The Commission noted that Bosnia and Herzegovina’s Border Police remains understaffed ‘with 
a quarter of vacancies still not filled’ and that the country  needs to improve its border infrastructure 
and equipment  as well as to ‘eliminate illegal border crossings, particularly on the border with 
Montenegro’(16).  The  EU  supports  Bosnia  and  Herzegovina  through  the  supply  of  specialised 
equipment to the country’s law enforcement agencies. The regional border security programme 
implemented by Frontex provides border police agencies with the necessary knowledge, skills and 
resources.  

Cooperation with international partners is steady. Bosnia and Herzegovina cooperates with IOM 
and  the  United  Nations  High  Commissioner  for  Refugees  (UNHCR)  in  managing  the Asylum 

(10)   SWD(2025) 751 final of 4 November 2025, p.6. 
(11)   SWD(2025) 751 final of 4 November 2025, pp.7-8. 
(12)   European Commission, ‘Report from the Commission to the European Parliament and the Council – Seventh 
Report under the Visa Suspension Mechanism’, 6 December 2024, p. 28. https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex:52024DC0571.  

(13)   European Commission, ‘Report from the Commission to the European Parliament and the Council – Seventh 
Report under the Visa Suspension Mechanism’, 6 December 2024, p. 27. https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=celex:52024DC0571. 
(14)   SWD(2025) 751 final of 4 November 2025, p. 45. 
(15)   SWD(2025) 751 final of 4 November 2025, p. 51.  
(16)   SWD(2025) 751 final of 4 November 2025, p. 49. 

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Centre  in  Delijaš  and  temporary  reception  centres  throughout  the  country  (17).  IOM  is 
implementing a Union-funded project to strengthen migration management, including community 
activities that support social cohesion, in Bosnia and Herzegovina (18). Bosnia and Herzegovina 
has  been  encouraged  to  seek  observer  status  at  the  European  Union Agency  for  Fundamental 
Rights, following the example of other accession candidates in the region (19). 

Migration management and asylum 

Bosnia  and  Herzegovina  is  currently  engaging  with  the  European  Union Agency  for Asylum 
(‘EUAA’)  on  the  basis  of  the  EUAA’s  second  Roadmap  for  Cooperation  (the  ‘Roadmap’). 
Covering 2025-2027, the roadmap aims at ‘strengthening the asylum and reception systems in line 
with the Common European Asylum System (CEAS) and European Union standards’ (20).  

IOM  teams  screening  migrants  for  vulnerabilities  on  first  contact  inside  or  outside  temporary 
reception  centres  regularly  report  on  their  occupancy  rates  and  the  people  hosted  therein  (21). 
Though their findings vary significantly between reporting periods, the situation report covering 
the period 30 December 2024 – 5 January 2025 identified that 18.3% of individuals hosted in these 
centres  had  protection  risks  and  needs,  of  which  7%  were  potential  unaccompanied,  alone  and 
separated children (22). While Bosnia and Herzegovina has taken steps to assume responsibility of 
its  temporary  reception  centres  from  IOM,  the  ‘competent  agencies  remain  significantly 
understaffed and only limited funding is available to manage migration’ (23), which, combined with 
inadequate  coordination  in  asylum  and  migration  management  among  different  levels  of 
government, impacts effectiveness.  

The Union supports Bosnia and Herzegovina in establishing comprehensive reception capacities. 
The current individual measure on migration (EUR 39.5 million, until March 2025) foresees the 

(17)   IOM, ‘Bosnia and Herzegovina migration response – Situation report 5-11 May 2025’, 2025, 

https://bih.iom.int/sites/g/files/tmzbdl1076/files/documents/2025-05/sit-rep-5-11-may-2025.pdf. IOM provides 
support in the management and coordination of the temporary reception centres, helps ensure migrants’ access 
to primary, secondary, and tertiary healthcare, supports BiH authorities to manage the Food and Non-Food 
Items sector and Water, Safety and Hygiene sectors in the temporary reception centres, supports the provision 
of return-related counselling, and provides assistance to people on the move in and outside of the centres. 
(18)   IOM,  ‘Bosnia  and  Herzegovina  migration  response  –  Situation  report  5-11  May  2025’,  2025, 

https://bih.iom.int/sites/g/files/tmzbdl1076/files/documents/2025-05/sit-rep-5-11-may-2025.pdf.  
(19)   FRA, ‘Member States of the EU’, FRA website, https://fra.europa.eu/en/cooperation/eu-member-states.  
(20)   EUAA, ‘Roadmap for Cooperation between the EUAA and Bosnia and Herzegovina (2025-2027)’, 2025, 

https://euaa.europa.eu/publications/roadmap-cooperation-between-euaa-and-bosnia-and-herzegovina-2025-
2027, p. 5. 

(21)   All IOM Bosnia and Herzegovina Migration Response “Situation Reports” can be accessed at: 

https://bih.iom.int/situation-reports.  

(22)   Between 30.12.2024 and 05.01.2025, IOM reported a total of 610 migrants in the country’s temporary 

reception centres. Of these, 7% qualified as ‘potential unaccompanied, alone and separated children’, 5.5% as 
belonging to ‘ethnic or religious minorities’, 1.8% as being persons with a medical condition, 3% persons with 
medical conditions and 1% pregnant or lactating women. (Source: IOM, ‘Bosnia and Herzegovina Migration 
Response’, Situation Report 30 December 2024 – 5 January 2025. Available at: 
https://bih.iom.int/sites/g/files/tmzbdl1076/files/documents/2025-01/bosnia-and-herzegovina-migration-
response-situation-report-30-december-2024-5-january-2025.pdf). 

(23)   SWD SWD(2025) 751 final of 4 November 2025, p. 50. 

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provision  of  basic  accommodation,  protection  services,  capacity  building,  additional  staff  and 
equipment in the four temporary reception centres.  Further support is provided through the EU 
Regional Support to Protection-Sensitive Migration Management Systems in the Western Balkans 
programme which is now in phase III (2021-2025).  

With regard to migrant smuggling and trafficking in human beings, Bosnia and Herzegovina takes 
part in the Global Alliance to Counter Migrant Smuggling, and its task force for fighting trafficking 
in  human  beings  has  been  instrumental  in  coordinating  efforts  between  law  enforcement  and 
prosecution. 

Nonetheless, an evaluation of the Roadmap found the authorities in Bosnia and Herzegovina to be 
very receptive to legislative support and capacity-building activities, including on age assessments, 
trafficking  in  human  beings,  fundamental  rights,  and  interviewing  vulnerable  persons  and 
children (24).  

Protection of vulnerable groups and trafficking in human beings 

Civil  society  reports  indicate  persistent  challenges  in  identifying  and  protecting  vulnerable 
persons, including children and victims of trafficking. Save the Children notes that Bosnia and 
Herzegovina has experienced a growth in organised smuggling groups that provide fast transfer 
across  Bosnia  and  Herzegovina,  especially  at  borders,  indicating  that  not  all  migrants  are 
appropriately registered upon entry (25). Interviewed children reported widespread sexual abuse by 
smugglers all along the Balkan route, particularly in Serbia and Bosnia and Herzegovina  (26). The 
presence of organised crime groups has also led to security incidents in the reception centres (27). 
The European Commission consistently invites Bosnia and Herzegovina to cooperate with Europol 
and participate in EMPACT to dismantle criminal groups, including through support to projects 
such as EU4FAST. 

Oversight and Monitoring Mechanisms 

The  Human  Rights  Ombudsman  of  Bosnia  and  Herzegovina  was  designated  as  the  country’s 
national preventive mechanism against torture and ill-treatment in 2023, in line with the Optional 
Protocol to the Convention Against Torture (28). However, the institution’s ‘ethnic composition and 

(24)   EUAA, ‘External evaluation of Roadmap’, October 2022, p. 26. 
(25)   Save the Children, ‘Refugees and migrants at the Balkans route – Regional overview January-August 2024’, 

2024, https://resourcecentre.savethechildren.net/pdf/Refugees-and-Migrants-Balkans-Regional-Overview_Jan-
Aug-2024_SC-BMDH-DATA.pdf, p. 13. 

(26)   Save the Children, ‘Wherever we go, someone does us harm: Violence against refugee and migrant children 

arriving in Europe through the Balkans’, August 2022, 
https://resourcecentre.savethechildren.net/pdf/Wherever-we-go-someone-does-us-harm-WEB.pdf, p. 13. 

(27)   Save the Children, ‘Refugees and migrants at the Balkans route, 2024’. 
(28)   Association for the Prevention of Torture, ‘Bosnia and Herzegovina’, APT website, 

https://www.apt.ch/knowledge-hub/opcat/bosnia-and-herzegovina. 

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consensual decision making […] need reform to ensure effective functioning.’ (29). In 2024, the 
Ombudsman reviewed 23 cases related to the rights of foreign nationals, 12 more than in 2023 (30).  

Bosnia and Herzegovina lacks an independent border monitoring mechanism. The OSCE found 
that ‘non-governmental organizations have taken over recording human rights concerns related to 
border  police  actions  at  the  Bosnia  and  Herzegovina-Croatia  land  border’  (31).  Frontex  has 
organised  numerous  trainings  for  the  Border  Police  of  Bosnia  and  Herzegovina  on  various 
fundamental rights-related topics funded by the Instrument for Pre-accession Assistance. 

Capacity Constraints  

A chronic constraint remains the understaffing of the Border Police, with a ‘quarter of vacancies 
not filled’ as of 2025 (32). Limited resources hinder the systematic identification of persons with 
vulnerabilities and impede efforts to counter organised smuggling and trafficking networks. Union 
support in this regard is ongoing. In April 2025, 142 Border Police cadets completed seven months 
of training financed in part by over EUR 500 000 in European Union assistance. The European 
Union  previously  funded  the  training  of  150  cadets  and  has  provided  over  EUR  8  million  for 
specialised equipment, vehicles, communication and IT systems for the Border Police (33). 

Commitments under international law 

Bosnia  and  Herzegovina  has  ratified  all  major  European  and  international  human  rights 
instruments. It has been a Member State of the Council of Europe since 2002 and has ratified the 
European  Convention  on  Human  Rights,  making  it  subject  to  the  jurisdiction  of  the  European 
Court of Human Rights. Bosnia and Herzegovina is a party to the revised European Social Charter, 
the Council of Europe Convention on Action against Trafficking in Human Beings, the European 
Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 
and the Framework Convention for the Protection of National Minorities (34). 

Bosnia  and  Herzegovina  is  a  party  to  the  1954  Convention  relating  to  the  Status  of  Stateless 
Persons and the 1961 Convention on the Reduction of Statelessness, the International Convention 
on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and 
Political  Rights  and  its  Optional  Protocol  and  Second  Optional  Protocol,  and  the  International 
Covenant  on  Economic,  Social  and  Cultural  Rights  and  its  Optional  Protocol.  Bosnia  and 

(29)   SWD(2025) 751 final of 4 November 2025, p.37. 
(30)   Human Rights Ombudsman of Bosnia and Herzegovina, ‘Godišnji izvještaj o rezultatima aktivnosti Institucije 

ombudsmana za ljudska prava Bosne i Hercegovine za 2024. Godinu’, p. 13, March 2025, 
https://www.ombudsmen.gov.ba/documents/obmudsmen_doc2025042115250331bos.pdf.  

(31)   OSCE, ‘Border police monitoring in South-Eastern Europe: New Opportunities’, 23 October 2023, 

https://www.osce.org/files/f/documents/0/5/556554_0.pdf, p. 19. 

(32)   SWD(2025) 751 final of 4 November 2025, p. 53. 
(33)   IOM, ‘BiH Border Police reinforced with 142 new officers thanks to EU support’, IOM website, 28 April 2025, 

https://bih.iom.int/news/bih-border-police-reinforced-142-new-officers-thanks-eu-support. 

(34)   Council of Europe, ‘Treaty Office – by member States of the Council of Europe’, Council of Europe website, 
https://www.coe.int/en/web/conventions/by-member-states-of-the-council-of-europe?module=treaties-full-list-
signature&CodePays=BOS&CodeSignatureEnum=&DateStatus=&CodeMatieres=.  

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Herzegovina is also a party to the Convention on the Elimination of All Forms of Discrimination 
Against  Women  and  its  Optional  Protocol,  the  Convention Against  Torture  and  Other  Cruel, 
Inhuman or Degrading Treatment or Punishment, and to its Optional Protocol. The country has 
also  concluded  the  Convention  on  the  Rights  of  the  Child  and  its  Optional  Protocols  on  the 
Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and 
Child Pornography. It is also a party to the Convention against Transnational Organized Crime, 
including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women 
and Children and its Protocol against the Smuggling of Migrants by Land, Sea and Air. Bosnia and 
Herzegovina has also acceded to the 1951 Convention relating to the Status of Refugees and its 
1967  Protocol,  the  Convention  on  the  Rights  of  Persons  with  Disabilities,  and  its  Optional 
Protocol. Bosnia and Herzegovina has also signed the International Convention on the Protection 
of the Rights of All Migrant Workers and Members of their Families (35). 

As  such,  the  legal  framework  to  ensure  that  fundamental  rights  obligations  are  respected,  and 
possible violations can be legally redressed, exists in Bosnia and Herzegovina. What the country 
currently lacks, however, is a comprehensive policy for the enforcement of human rights, which 
remains uneven across the country. 

Conclusion  

This assessment concludes that the challenges described in this assessment do not, at this stage, 
present  a  risk  that  Frontex  operations  would  contribute  to  or  become  complicit  in  serious  or 
persistent violations of fundamental rights or obligations concerning international protection. As 
such,  the  fundamental  rights  situation  relevant  to  the  status  agreement  with  Bosnia  and 
Herzegovina does not preclude the deployment of the standing corps, provided such activities are 
conducted  with  appropriate  safeguards.  The  legislative  framework  is  broadly  in  place, 
strengthened  by  the  country’s  accession  trajectory,  though  there  are  some  deficiencies  in 
resourcing, coordination, and the consistent application of law. These weaknesses are recognised 
and  can  be  addressed,  in  part,  through  sustained  Union  support  and  closer  cooperation  with 
European Union agencies, particularly Frontex and the EUAA. 

Most  reported  human  rights-related  concerns  appear  to  stem  from  limited  capacity,  inadequate 
infrastructure and the practices of organised crime. This underlines the importance of continued 
investment in the Border Police of Bosnia and Herzegovina and the establishment of transparent 
national mechanisms to investigate alleged violations and to implement effective safeguards. 

Frontex’s  activities  in  Bosnia  and  Herzegovina  to  date  have  not  led  to  any  allegations  of 
fundamental  rights  violations.  On  the  contrary,  a  stronger  mandate  for  Frontex  in  Bosnia  and 
Herzegovina  would  reinforce  transparency  and  accountability,  given  the Agency’s  established 
monitoring tools, including Serious Incident Reports, the Complaints Mechanism, whistleblower 

(35)   OHCHR, ‘Status of ratification – interactive dashboard’, OHCHR website, https://indicators.ohchr.org/.  

7 

 
 
 
protections and especially the deployment of fundamental rights monitors (36). Deployments by 
Frontex,  with  the  close  involvement  of  its  Fundamental  Rights  Office,  offer  an  opportunity  to 
embed international standards in daily practice and to support the identification and protection of 
victims of trafficking in human beings. 

The  status  agreement  is  therefore  both  a  symbol  of  the  Union’s  commitment  to  Bosnia  and 
Herzegovina and a practical vehicle for alignment with European integrated border management. 
Operational activities should be designed with full regard to relevant international and Union law, 
in  particular  the  Charter  of  Fundamental  Rights  and  the  Regulation,  ensuring  systematic 
monitoring, effective safeguards, and robust training for all deployed personnel. 

Finally, this assessment does not affect the overarching obligation under the Regulation of Frontex 
and its  Executive Director to  assess whether there are, or  are likely  to  be, serious or persistent 
violations of fundamental rights or international protection obligations related to specific activities 
that are to take place on the basis of this status agreement, and to then respond accordingly. Should 
the Executive Director consider that launching an activity in Bosnia and Herzegovina could lead 
to serious or persistent violations of fundamental rights or international protection obligations, it 
is  his  or  her  responsibility  not  to  launch  that  activity.  Similarly,  where  the  Executive  Director 
determines  that  such  serious  or  persistent  violations  are  occurring,  it  is  solely  his  or  her 
responsibility to withdraw the financing for the activity in question or suspend or terminate it in 
whole or in part as deemed appropriate to address the situation(37). 

(36)   Article 110 of the Regulation provides for the deployment of fundamental rights monitors, under the supervision 
of  the  Fundamental  Rights  Officer,  tasked  with  continuously  assessing  fundamental-rights  compliance  in  all 
Frontex  operational  activities,  advising  during  their  planning,  conduct  and  evaluation  and  contributing  to 
training. They operate independently and enjoy access to all operational areas and relevant documents, and report 
concerns  about  possible  violations  to  the  FRO.  This  ensures  systematic,  professional  and  independent 
fundamental-rights oversight of all Frontex activities in third countries. 

(37)    Regulation (EU) 2019/1896, Article 46. 

8