HEALTHCARE LAW OF
FB&H REGARDING REFUGEES AND MIGRANTS ILLEGALLY SUSPENDED BY THE
EU - MASSIVE VIOLATION OF HUMAN RIGHTS IN B&H
A short draft of Diagnosis of Health
Policy Towards Refugees in Bosnia and Herzegovina, August 2018
Dimitar Anakiev,
MD
spec. Global
Health
Refugees
and migrants reached Federation of Bosnia and Herzegovina in the
beginning of 2018. From January to June 2018 they solved all their
health problems using the healthcare system of FB&H. As reported
on 4th
June by the Head of Health Center Velika Kladuša, Dr. Senad
Okanović, they have average visit of 30 migrants per day – that is
less than 10% of visit prevalence regarding total number of refugees
and migrants in Velika Kladuša (1). Dr. Okanović also said that
they very successfully solved all clinical cases and also
epidemiological-hygiene control but they have financing problems
because they received only support from local actors. Not a single
cent from 1,5 million euros donated by the EU to the government of B&H
in June 2018 went to support legal institutions of healthcare in
FB&H. Healthcare Law of Federation Bosnia and Herzegovina
strictly understand and respect health as a human right, including
primary health care: articles 3, 12, 26 and 27 legitimated
healthcare rights very specifically for foreigners, refugees and
migrants(2) what is totally opposite to the EU legislature.
Even more, article
76. of Asylum Act of Bosnia and Herzegovina grants right to primary
health care to all asylum
seekers.
Refugees and
migrants, now temporary settled in wild camps in Bosnian Frontier,
including families with small children, were brutally deprived for
asylum right in the EU. They were pushed back, shot, kidnapped,
beaten, sexually humiliated and looted by the EU officials in their
attempt to ask for asylum in the EU (3). The result is stuck of more
then 10.000 people in B&H among them about 4.000 in Bosnia
Frontier (Una-Sana Canton)(5)
Even Bosnian & Herzegovina
government officially never declared a state
of emergency the official Healthcare Law in Federation of B&H was
put out of power for the refugees and migrants. What way this group
of people were deprived for the legal rights we do not know but
obviously this way was not legal, not public and not democratic.
Three months (June-August) all actors: state officials and Doctors
without Borders (MSF) are acting illegally in attempt to exclude
refugees from legal rights to healthcare legitimated by the FB&H
legislation. Especially the role of MSF is obscure. They appear
visible in the streets of Bosnian Frontier in June 2018 as a symbol
of “emergency” and deprivation of refugees and migrants for the
legal rights. It seems they took part in the political show of the
European Union... MSF officially has not permission to work in B&H
but they act as a kind of taxi service to local doctors occasionally
delivering health care to refugees and migrants beyond the legal
procedure. In that way MSF is used for public shield in the process
of depriving refugees & migrants for healthcare rights.
When
in July 2018 I arrived for the first time at Temporary Refugee Camp
“Trnovi” in Velika Kladuša the situation was catastrophic:
prevalence of visiting doctor was 25% with alarming morbidity: 66%
refugees had all kind of skin infection, wounded about 30%, scabies
15%, a lot of stomachache and diarrhea, (some of them more then 10
times by night), pharyngitis and flu along with headaches, anxiety,
sleeplessness and psychological problems. As described in my short
draft of NARA document (6) especially hygienic-epidemiological
situation was alarming. Contrary to the report of dr. Okanović, just
one month ago, refugees and migrants taken out of the official
legislation into the hands of MSF & EU show picture of heavy and
massive violation of human rights regarding the healthcare.
MSF
mobile unit -without official permission to work – to whom is
joined local doctor, visits refugee & migrants camp Trnovi three
times a week for three hours (main camp with about 350 people is
visited two times and once a week they visit dislocated group). So
the main part of the camp has availability of doctor six hours a
week. MSF vehicle is parked not in the camp but at the parking lot on the
other side of the river Kladušnica. That means doctor cannot see the
situation in the camp, perhaps they (MSF & doctor) are not
interested in it. Not to mention distance between doctor and patient
so important in humanitarian context and also standardized by
professional standards for medical work in humanitarian context. In
one word: refugees and migrants in FB&H are not only illegally
deprived for healthcare they also receive substandard humanitarian
medical help. They are beaten, humiliated and left alone - just in
public, thanks to presence of MSF, it appears they have “regular”
(humanitarian) medical care. To this picture let me add that state
officials does not allow medical preventive departments to visit
refugee and migrant camps. That is why, if you visit for example
web-site of Institute for Public Health FB&H, you will not find
the information about hygienic-epidemiological situation in camp
Trnovi. It is not registered that on 10th
August one third of refugees and migrants had diarrhea and two-third
was not able to eat lunch and dinner. There are numerous information
that local health centers stopped delivering medical care to refugees
and migrants, only life threatening conditions is considered for
treatment. That is EU standard for refugees and migrants.
To complete the
picture of massive violation of human rights regarding medical care
of refugees and migrants in FB&H it is interesting to note local
police judge that volunteer medical help in camp Trnovi is
“illegal”...(!)
In the end of the
day, as we know from praxis, the question of deprivation of human
right is never isolated on deprived people but it affects people of
the area in general. Because there are not two medicines: one for
them and one for us. The Medicine is only one as history of
colonialism gave lesson to humanity long time ago.
NOTES:
(2)Službene
novine Federacije BiH, broj 46/10 iz 2010.
(3)Numerous
reports, from Slovenian Delo Daily News from 11th
July, Amnesty International Slovenia, RTV SLO MMP, to many locals
portals and media in different countries
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