RED Network

 

Qualitative Info

In implementation of the Convention on the Elimination of all Forms of Racial Discrimination a Federal Constitutional Act has entered into force in 1973, which declares as unlawful any form of discriminaton on grounds of the race, colour, descent or national or ethnic origin (Art. I). Moreover treating persons in a discriminatory manner without justification on the sole ground of their race, colour, national or ethnic origin, religion, creed or disability or preventing them from entering places or making use of services which are intended for general public use is identified as an administrative offence, which can be fined with up to EUR 1090,- by Art. III no. 3 Introductory Provisions to the Code of Administrative Procedure (EGVG).

External Url http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000533

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Yes. Austrian Equal Treatment Legislation prohibits discrimination on grounds of ethnic afiliation and on grounds of religion and belief in a way conform with the EU Race and Employment Directives.

Qualitative Info

The Austrian Equal Treatment Act prohibits discrimination on grounds of ethnic afiliation and on grounds of religion and belief in a way conform with the EU Race and Employment Directives. Definitions of discrimination include direct and indirect discrimination, harassment, instruction to discrimination, discrimination on grounds of afiliation and victimisation.

External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

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External Url https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395

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Hate Crimes do not form separate criminal offences; however there are legal provisions i.e. in the Criminal code that can be regarded as important national legislation in the field of racist and other hate crimes.

Qualitative Info

There are various provisions in the field of racist and other hate crimes in the Criminal Code:

Bias Motive is an aggravating factor of an ordinary crime (to be taken into account when it comes to the question of the scope of the penalty): Sec. 33 Criminal Code: Besondere Erschwerungsgründe (particular aggravating grounds) item 5  contains the aggravating circumstances of racist, xenophobic or other particularly condemnable motivations.

Sec. 283 (1) Criminal Code makes Verhetzung (incitement to hatred) a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group determined by the appurtenance to such a church or religious community, race, colour of skin, nationality, national or ethnic group, gender, disability, age or sexual orientation. This provision stipulates punishment of up to two years imprisonment. Sec. 283 also punishes public agitation against such a group or insulting or disparaging it in a manner violating human dignity (para. 2).

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code.

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Source:

• http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296 http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf
   

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No

Qualitative Info

There is no definition of racist-hate crime in the Austrian Criminal Code. However, Sec. 33 of the Criminal Code contains Besondere Erschwernisgründe (particular aggravating grounds) referring also to "aggravating circumstances of racist, xenophobic or other particularly condemnable motivations". Sect. 283 makes Verhetzung (incitement to hatred) against race, colour of skin or ethnic origin a punishable offence: "incitement to hatred is the public inducement or incitement to the commission of a hostile or violent act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group determined by race, colour of skin, language, religion or Weltanschauung, nationality, descent, national or ethnic origin (...)."

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Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296

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There are legal provisions on Verhetzung (incitement to hatred) and Beleidigung (defamation).

Qualitative Info

Sec. 283 (1) Strafgesetzbuch (StGB) [Criminal Code]  makes Verhetzung [incitement to hatred] a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile or violent act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group on grounds of race, colour of skin, language, religion or Weltanschauung (belief-ideology), nationality, descent, national or ethnic group, gender, disability, age or sexual orientation or against member of such a group. This provision stipulates punishment of up to two years imprisonment. Sec. 283 (para. 2) also punishes public agitation against such a group or member of a group insulting or disparaging it in a manner violating or degrading human dignity.

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code (i.e. in the case of an insult or mockery (in the sense of Sec. 115) due to which a person is put down as ethnically, culturally or morally simply inferior on account of his or her membership to one of the groups mentioned in Sec. 283 (1) Criminal Code).  Such offences are punishable by a custodial sentence of up to three months or a pecuniary punishment of up to 180 daily rates.

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Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296; http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf

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No. There is no clear definition of racist incidents/violence.

Qualitative Info

There is no clear definition of racist incidents/violence but there is some reference to racist incidents/violence in the Criminal Code:

Sec. 283 (1) Strafgesetzbuch (StGB) [Criminal Code]  makes Verhetzung [incitement to hatred] a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile or violent act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group on grounds of race, colour of skin, language, religion or belief (Weltanschauung), nationality, descent, national or ethnic group, gender, disability, age or sexual orientation or against member of such a group. This provision stipulates punishment of up to two years imprisonment. Sec. 283 (para. 2) also punishes public agitation against such a group or member of a group insulting or disparaging it in a manner violating or degrading human dignity.

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code (i.e. in the case of an insult or mockery (in the sense of Sec. 115) due to which a person is put down as ethnically, culturally or morally simply inferior on account of his or her membership to one of the groups mentioned in Sec. 283 (1) Criminal Code).  Such offences are punishable by a custodial sentence of up to three months or a pecuniary punishment of up to 180 daily rates.

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Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296; http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf

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No. There is only the Verbotsgesetz (Prohibition Statute) that prohibits organisations or membership in organisations linked to National-Socialist ideology.

Qualitative Info

There is no legislation penalising or prohibiting the establishment of and membership in organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals. However, the Verbotsgesetz (Prohibition Statute) prohibits the NSDAP (National Socialist German Workers' Party) and its related organisations and associations. To participate in the NSDAP or a similar or related organisation is a punishable offence.

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Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000207

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Yes. But some of them are not restricted to anti-racist issues.

Qualitative Info

There are several (international) independent assessments of the impact of anti-racist legislation and its application in practice. However, some of them are not exclusively restricted to anti-racist issues:

• Human Rights Advisory Board (HRAB): The HRAB was established in 1999 following a recommendation by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The eleven members are appointed by the Federal Minister of the Interior. The members are fully independent and act on an honorary basis. The HRAB monitors and observs all activities of the security services, the authorities under the Minister of the Interior and all bodies with power of direct command and compulsion. The HRAB advices the Minister of Interior on human rights issues and observes the implementation of human rights in reference to all activities of the security bodies.
• The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination in Austria.
• The European Commission against Racism and Intolerance monitors problems of racism, discrimination on grounds of ethnic origin, citizenship, colour, religion and language, as well as xenophobia, antisemitism and intolerance, prepares reports and issues recommendations.

External Url http://bim.lbg.ac.at/en/monitoring; http://www2.ohchr.org/english/bodies/cerd/; www.coe.int/ecri

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That is not possible to determine because there is lack of data in general.

Qualitative Info

The Bundesamt für Verfassungsschutz und Terrorismusbekämpfung (BVT) [Federal Agency for State Protection and Counter Terrorism] within the Federal Ministry of the Interior (MoI) together with the nine Landesämter für Verfassungsschutz und Terrorismusbekämpfung [Provincial Agencies for State Protection and Counter Terrorism] are responsible for collecting data relating to hate and racist crimes. However, since the main task of the Federal Agency for State Protection and Counter Terrorism is to identify preventive measures against extremist offences, a focus is on data relating to extremism.
Data relating to hate and racist crimes are published in
• the annual Verfassungsschutzbericht [State Protection Report] (issued by the Federal Agency for State Protection and Counter-Terrorism), the latest report being the Report 2011 (covering the year 2010). It gives an overview of incidents recorded by the police and relating complaints (alleged offences) filed; however, it does not contain any data on indictments or demands for prosecution by the prosecution and the outcomes of court proceedings. The State Protection Report used to categorise incidents in right wing extremist, racist/xenophobic, anti-Semitic, and since 2007 anti-Muslim and ‘other’ incidents. However, since the 2010 State Protection Report these categories are excluded.
• the Sicherheitsbericht [Security Report], issued by the Austrian government, provides data stemming from the Ministry of the Interior and the Ministry of Justice; the latest being the Security Report 2010. The Security Reports contains statistical material of firstly the Kriminalitätsbericht [Criminal Report] (includes complaints filed, cases in which a suspect was identified and the suspects; legal assessment by security authorities at the time of the complaint filed); secondly the Gerichtliche Kriminalstatistik [Judicial Criminal Statistics] (data on convicted persons (final sentence) but no data on offences); and thirdly the Betriebliches Informationssystem (BIS-Justiz) [Judicial Information System] (activities of prosecution and handling of cases at court).

However, there is a lack of data concerning racist-related crime, as the European Commission against Racism and Intolerance noted:

"ECRI notes that the official statistics still cover only offences under the Prohibition Statute or Section 283 of the Criminal Code; racist insults as such (Sections 115 and 117(3) of the Criminal Code combined) and cases involving the application of Section 33(5) of the Criminal Code are not listed separately. Also, unless there is a link with the activities of extremist groups, the statistics do not provide any information on who committed these offences, and give only a partial picture of who the victims are (the offences covered are divided into five categories: racist, antisemitic, xenophobic and, since 2007 'anti-Muslim and "others"). The result is that, at the time of writing, the authorities still had no official statistical system that would make it possible to carry out a comprehensive assessment of the effectiveness of the Austrian criminal justice system in combating racism."

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Source: http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2011_online.pdf; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf; http://www.parlament.gv.at/PAKT/VHG/BR/III-BR/III-BR_00445/index.shtml

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No.

Qualitative Info

The Richtlinien-Verordnung (Guidelines Regulation) laying down the appropriate conduct of police officers during official acts stipulates that all security bodies have to refrain from any action giving the impression of being biased or discriminating against persons on grounds of gender, race or colour of skin, national or ethnic origin, religion, political attitudes or sexual orientation.

However, there are repeated incidents reporting misconduct of the police against non-citizens or persons belonging to ethnic minorities. The 2010 ECRI-report on Austria states that "persons belonging to minority groups, in particular Blacks, were widely reported to have been disproportionalty subject to police checks and to have been verbally abused in a racist way, harassed or even physically abused by law enforcement officials." (ECRI Report on Austria 2010, p. 39)

In 2009 Amnesty International published a report on racial discrimination in the Austrian Justice System.  The report suggests institutional racism within the Austrian police force and other parts of the criminal justice system. The report criticises inter alia that ‘the systems in place for responding to racist misconduct by the police and for ensuring a consistently appropriate response to crimes reported by members of ethnic minorities are inadequate’. The Amnesty Report also reports that the police and the judicial system are reluctant persecuting cases of racist conduct and ill-treatment by the police.

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Sources: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005857; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf; Amnesty International (2009): Österreich: Opfer oder Verdächtige. Eine Frage der Hautfarbe. Wien.

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No.

Qualitative Info

A report by amnesty international on racial discrimination within the Austrian justice system emphasized that law enforcement officials or representatives of judicial bodies do not provide the same quality of service to members of ethnic minorities as would routinely be provided to white Austrians. (Amnesty International 2009, p. 6)

The report indicated that the judicial system can be charactarised by institutional racism. This means that "common social prejudices and stereotypes regarding foreign nationals and different religious and ethnic groups also permeate law enforcement structures and that these result in a range of discriminatory practices, which the organizations concerned do too little to prevent and too little in response to. And, secondly, that the systems in place for responding to racist misconduct by the police and for ensuring a consistently appropriate response to crimes reported by members of ethnic minorities are inadequate." (Amnesty International 2009, p. 5)

However, the training programme of judges and public prosecutors includes special seminars that focus on the treatment of victims in court, on anti-racism and on anti-discrimination. These seminars are alleged to be well-attended.

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Sources: Amnesty International: Victim or Suspect. Racial Discrimination in the Austrian Justice System. 2009. Available at: http://www.amnesty.org/en/library/asset/EUR13/002/2009/en/2489f108-4004-4330-8bb5-181d93a3c69a/eur130022009en.pdf; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

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Racist and xenophobic motivation is an aggravating factor of an ordinary crime.

Qualitative Info

In Austria, hate crimes do not form separate criminal offences; however, bias motive is an aggravating factor of an ordinary crime (to be taken into account when it comes to the question of the scope of the penalty): Sec. 33 Criminal Code (Besondere Erschwerungsgründe [particular aggravating grounds]) item 5  contains the aggravating circumstances of racist, xenophobic or other particularly condemnable motivations.  ECRI criticised that Sec. 33 item 5 Criminal Code was ‘very rarely applied’, and that ‘no court decision implementing this provision has been noted’.  The application of this provision is not recorded in any official statistics. The weak application of this provision is regarded by some NGOs the result of the police (recording complaints), the public prosecutor and the trial courts not taking racist and xenophobic motives seriously enough.

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Sources:

• http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296 http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

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Racist or xenophobic motivations as an aggravating factor of an ordinary crime are very rarely applied. They should be taken into account when it comes to the question of the scope of the penalty.

Qualitative Info

Sec. 33 Criminal Code stipulates that racist, xenophobic or other particularly condemnable motivations are an aggravating factor of an ordinary crime (to be taken into account when it comes to the question of the scope of the penalty). However, ECRI criticised that Sec. 33 item 5 Criminal Code was ‘very rarely applied’, and that ‘no court decision implementing this provision has been noted’.  The application of this provision is not recorded in any official statistics. The weak application of this provision is regarded by some NGOs the result of the police (recording complaints), the public prosecutor and the trial courts not taking racist and xenophobic motives seriously enough.

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Sources: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

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Yes.

Qualitative Info

Sec. 1 of the Federal Constitutional Act for the implementation of ICERD stipulates that any form of racist discrimination is prohibited. All state bodies and officers including legislation and implementation have the obligation not do discriminate on grounds of race, colour of skin, descend or national or ethnic origin. Furthermore, the Police Act provides precise legal regulations for police interventions, determining that police officers have to "refrain from any action liable to give the impression or their being biased or that might be perceived as discrimination on the grounds of gender, national or ethnic origin, religion or sexual orientation".

Sect. 312 of the Criminal Code on Quälen oder Vernachlässigen eines Gefangenen (Ill-treatment and abuse of a prisoner) says that any official who causes a detainee or any other person encountered in the course of their duties physical or mental pains is punishable with up to two years imprisonment or between two and five in the event of serious injury and ten in the event of death (see Amnesty International 2009, p. 17).

There are two authorities responsible for investigating criminal offences committed by police officers:

Until the end of 2009, the Büro für interne Angelegenheiten (BIA) [Office for Internal Affairs] was in charge for the investigation of criminal allegations of serious ill-treatment against members of the Austrian police force.  As of 01.01.2010 this office was replaced by the Bundesamt für Korruptionsbekämpfung und Korruptionsprävention (BAK) [Federal Bureau of Anti-Corruption]  - an institution of the MoI set up outside the Directorate-General for Public Security – and took over the tasks of the Office for Internal Affairs. The director and his/her representative are appointed by the Minister of the Interior; instructions of the Minister of the Interior are possible; but a Rechtsschutzkommission [legal protection commission] within the MoI is tasked to investigate allegations against activities of the Federal Bureau if the person concerned cannot avail him- or herself of legal remedies; members of this Commission are independent and not bound by any instructions.

The second authority is the Büro für Besondere Ermittlungen (BBE) [Office for Special Investigations] of the Bundespolizeidirektion Wien [Vienna Federal Police Department] (under the authority of the Vienna chief of police). It is responsible for investigations of allegations of less serious ill-treatment against police officers from this department. There are no legal provisions guaranteeing its independence.  In other provinces other police units are responsible.
Both bodies report their investigations to the prosecution service (Staatsanwaltschaft); the prosecution service may order the two bodies to gather evidence. Although the prosecution service (bound to instructions of the Ministry of Justice) is responsible for the initiation of criminal proceedings, in the past the predecessor of the Federal Bureau of Anti-Corruption as well as the Office for Special Investigations could influence the decision through the result of their investigations. Victims of human rights violations could not engage in the way their cases were handled by these two bodies and the prosecution service.

Victims of human rights violations have the possibility to file a complaint with the Unabhängigen Verwaltungssenate (UVS) [Independent Administrative Tribunals (IAT)] (there is one in each province). A person believing that he/she was ill-treated by the police or that police misbehaved can file a
• Maßnahmenbeschwerde [complaint regarding the violation of individual rights] according to Sec. 88 Sicherheitspolizeigesetz (SPG) [Security Police Act (SPA)]  or
• Richtlinienbeschwerde [complaint for failure to comply with a MoI decree on Guidelines on Police Intervention ] according to Sec. 89 Security Police Act; the complaint is transferred to the supervising police official; the complainant has the right to be informed by this official of whether a violation is deemed to have occurred (but not of any potential disciplinary measure); if a violation is not deemed to have occurred the complainant can demand a decision of the IAT. The supervising police official can invite the complainant to discuss whether the complaint can be resolved amicably (Sec. 89 SPA).

The Tribunal is competent to investigate and decide on the lawfulness of actions of the police (complaints are directed against the supervising police authority) but not to make decisions about the individual responsibility of the individual perpetrator; it is not competent to impose penalties (neither on the police authority nor on the individual officer) or to award compensation to the victim.  Thus, a decision of the IAT does not have any consequences for the police officers responsible for the human rights violation. Only under further cost risks in a new proceeding before a court compensation could be sought; however, the burden of proof would rest on the complainant.

Although the complaints procedure is available to all victims of police violence and racist discrimination it is only advisable to approach the Independent Administrative Tribunal if there is solid evidence: In case of the dismissal of the complaint the complainant has to bear the cost of the proceedings (up to EUR 1,000).  It is not possible for the victim to apply for legal aid. There is also a certain risk of victimisation when complaining (e.g. false allegations like resistance to law enforcement officials).  Therefore NGOs demand the introduction of a ‘human rights procedure’ for victims of racist abusive police behaviour (content of the complaint should be the responsibility of the State for the behaviour of its organs – independent of individual responsibility of officers); complaints should be cost-free; further, a finding of the IAT on the violation of the SPA and/or ECHR should be connected with the awarding of compensation.

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Sources: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000533; http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005857; http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296, Amnesty International: Victim or Suspect - a Question of Colour. Racial Discrimination in the Austrian Justice System. 2009. Available at: http://www.amnesty.org/en/library/asset/EUR13/002/2009/en/2489f108-4004-4330-8bb5-181d93a3c69a/eur130022009en.pdf; http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20006390.

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Yes.

Qualitative Info

Public servants have been reported as being perpetrators of racist violence on many occasions. However, as there are no official statistics concerning the ethnic origin of the people filing complaints about the police and of a specific record of the complaints made about racist behaviour, it is not possible to accurately gauge the extent of this problem (see ECRI Report on Austria 2010, p. 39).

Several NGOs repeatedly recorded racist incidents and ill-treatment by civil servants.The anti-racism-NGO ZARA annually publishes a report on racist incidents in Austria including racist and xenophobic misbehaviour and attacks by the policy and by other state officials and civil servants. Also the Amnesty International Report on Institutional Racism in Austria elaborates on institutionalized forms of racism within the police in particular and the judicial system in general and refers to the fact that "racially motivated misconduct" is not only an issue of individual misbehaviour but is also reflected in structural shortcomings (Amnesty International 2009, p. 53).

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Sources: http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf; http://www.zara.or.at/index.php/beratung/rassismus-report; http://www.amnesty.org/en/library/asset/EUR13/002/2009/en/2489f108-4004-4330-8bb5-181d93a3c69a/eur130022009en.pdf

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Yes.

Qualitative Info

The Austrian Freedom Party (FPÖ) repeatedly expresses racist and xenophobic sentiments and discourse. The following incidents are some examples:

In 1993, the FPÖ initiated a referendum “Österreich zuerst” (Austria First) demanding amongst others the inclusion of an article in the constitution that Austria is not an immigration country, a ban on immigration, an obligation to provide evidence of identity for foreigners at the work place, an increase of executive officers to improve the detection of “illegal” migrants, the immediate expulsion of migrant criminal offenders, the reduction of students with a first language other than German in schools and the establishment of a foundation in order to prevent migration. The referendum was supported by 416,531 persons, which means that the success was limited compared to other referenda. The referendum also caused enormous protest. A Lichtermeer (sea of light) was organised which was the biggest demonstration since 1945.

In 2008, the city councillor of the city of Graz, Susanne Winter (now Member of the Austrian Parliament), voiced xenophobic and anti-islamic sentiments during a new years meeting of the FPÖ. She said that Austria was struck by an immigration tsunami and that the Quran was written during an epileptic seizure. Furthermore she declared that child abuse was wide spread among Muslims. In 2009 Winter was sentenced to a fine of 24,000 Euro and to three months on parole because of Verhetzung (racist incitement).

In 2009, Martin Graf, member of the Austrian Freedom Party (FPÖ) and Third President of the National Council, fiercely attacked Mr Muzicant, the president of the Jewish Faith Community. In a comment for the FPÖ party paper (Neue Freie Zeitung), he posed the question whether Mr Muzicant should not be regarded as the “foster father of anti-fascist leftist terrorism”. This was a reaction to Mr Muzicant’s statement that he was reminded of Goebbels when listening to Mr Kickl, the general secretary of the FPÖ. Mr Graf also called into question the anti-fascist fundamental consensus of Austrian post-WWII politics.

The FPÖ expresses racist and xenophobic sentiments and discourse especially during election campaigns:
• During the EU elections in May 2009 the Austrian Freedom Party (FPÖ) put forward the electoral slogan “Abendland in Christenhand” (The West in Christian Hands) and “Time for a Reckoning.” Various Christian churches criticised the slogan as being a misuse of religion and Christianity. However, the FPÖ General Secretary Herbert Kickl defended the slogan by referring to the “danger of a creeping Islamisation” and stated that the FPÖ wouldn’t “be shut up by the Church council.”
• During the election campaign 2010 leading up to the Vienna city council election the FPÖ announced several anti-islamic and xenophobic slogans by poster: The slogan  "Mehr Mut für unser Wiener Blut. Zu viel Fremdes tut niemand gut" (More courage in Vienna Blood. Too much foreigners are not good for anybody) was criticised by other Parties and by NGOs as being xenophobic. Another slogan was "Wir schützen freie Frauen" (We protect free women).
• In 2010, during the election campaign in the federal state Styria the FPÖ published the internet game Moschee Baba (Mosque Bye Bye). The players had to fire on Muezzins standing on top of minarets.

The Dokumentationsarchiv des Österreichischen Widerstandes (Documentation Centre of Austrian Residence) documented a selection of xenophobic, anti-Semitic and racist statements by members of the FPÖ. However, it stopped its documentation in 2001. The report of the German Office of the Protection of the Constitution also mentions the FPÖ several times. It especially refers to the anti-Islamic sentiments of the Party.

Although the FPÖ is the party which is said to express and spread racist or xenophopic sentiments and statements most frequently there are also other parties which voice such sentiments repeatedly: For example the Carinthian Governor Gerhard Dörfler, member of the Alliance of the Future of Austrian (BZÖ), was reported to have made racist comments during a press conference for the ORF programme “Wenn die Musi spielt”. The BZÖ politician received the crooner Robert Blanco by telling a racist joke. The incident was discussed in several media. The Carinthian SPÖ made public a few days later that Dörfler had also told Blanco to “wash his face now and again,” and demanded a public apology for these discriminatory comments. The BZÖ denied the second incident in a press release; an apology for the racist joke was not forthcoming. Dörfler himself dismissed the criticism as “artificially stirred up.” He had told the joke “in a spirit of fun” and it was not intended to be insulting. “Should we ban the children's book ‘Ten Little N...[*]’ in Carinthia?” he asked the Austrian Media Agency (APA). Blanco commented in a newspaper interview, calling it, “a harmless joke, that I don't find discriminatory."

The ECRI Report on Austria (2010) points at some worrying developments. First of all it is concerned about the advance of far-right parties, which are openly exploiting prejudices against minorities, immigrants, refugees, asylum seekers, Jews and Muslims. It especially refers to statements and speeches during election campaign, which stigmatise in particular migrants, refugees, asylum seekers and Muslims and recommends to the Austrian authorities to systematically condemn all forms of racism, xenophobia and antisemitism in political discourse. It also suggests to adopt measures to combat the use of racially inflammatory or xenophobic discours by political parties or their representatives. 

---

Sources:

• http://de.wikipedia.org/wiki/Österreich_zuerst
• http://derstandard.at/1310511856518/Bericht-Deutscher-Verfassungsschutz-sieht-FPOe-in-rechtsextremen-Kooperationen
• http://www.doew.at/projekte/rechts/fpoe/fpoezitate.html
• http://www.thinkoutsideyourbox.net/?p=13718
• http://derstandard.at/1282978608342/Game-Moschee-Baba-FPOe-Werbung-laesst-Muezzins-abschiessen
• http://derstandard.at/3180621
• http://diepresse.com/home/politik/innenpolitik/446266/Winter-verurteilt_Muss-Religion-beleidigen-duerfen
• http://www.fpoe.at/fileadmin/Contentpool/Portal/PDFs/NFZ/2009/nfz2009.pdf
• http://derstandard.at/1244117103455/NR-Praesident-Graf-wiederholt-umstrittene-Aussagen
• http://derstandard.at/1310511856518/Bericht-Deutscher-Verfassungsschutz-sieht-FPOe-in-rechtsextremen-Kooperationen
• http://orf.at/ticker/314780.html
• http://diepresse.com/home/politik/innenpolitik/444720/Kaernten_Aufregung-um-Negerwitz-von-LH-Doerfler
• http://www.zara.or.at/_wp/wp-content/uploads/2011/09/ZaraReport_09Engl.pdf
• http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

See other countriesSee indicator history

Especially the FPÖ and the BZÖ are said to express racist and xenophobic statements and sentiments.

Qualitative Info

 

There are several parties which express racist and xenophobic statements and sentiments. The most prominent one is the Austrian Freedom Party (FPÖ) which is known internationally for its xenophobic, racist, anti-islamic and anti-Semitic comments and speeches. The FPÖ was founded in 1956. Its predecessor was the Alliance of Independents (Verband der Unabhängigen) which was an association of various groups, it included amongst others former National Socialists. For a long time, the FPÖ received only about 6 per cent of the votes for the elections of the National Assembly (1956: 6.5 per cent, 1966: 5.4 per cent, 1975: 5.4 per cent, 1983: 5.0 per cent). In 1986 Jörg Haider became the new party leader of the FPÖ. Since then the party attracted more and more voters (1986: 9.7 per cent, 18 seats out of 183 of the National Assembly; 1990: 16.6 per cent, 33 seats; 1994: 22.5 per cent, 42 seats; 1995: 22.0 per cent, 41 seats; 1999: 26.9 per cent, 52 seats). In 2000 the FPÖ formed a coalition with the Austrian Peoples Party (ÖVP) and was part of the government until 2006. During this time the FPÖ lost many voters (2002: 10.0 per cent, 18 seats; 2006: 11.0 per cent, 21 seats). In 2005 Jörg Haider left the FPÖ and founded a new party the Alliance for the Future of Austria (BZÖ). In April 2005 Heinz-Christian Strache became the new party leader of the FPÖ. Since then again the party atracted more and more voters (2008: 17.4 per cent, 34 seats of the National Assembly). 

 

The Austrian Freedom Party (FPÖ) repeatedly expresses racist and xenophobic sentiments and discourse. The following incidents are some examples:

In 1993, the FPÖ initiated a referendum “Österreich zuerst” (Austria First) demanding amongst others the inclusion of an article in the constitution that Austria is not an immigration country, a ban on immigration, an obligation to provide evidence of identity for foreigners at the work place, an increase of executive officers to improve the detection of “illegal” migrants, the immediate expulsion of migrant criminal offenders, the reduction of students with a first language other than German in schools and the establishment of a foundation in order to prevent migration. The referendum was supported by 416,531 persons, which means that the success was limited compared to other referenda. The referendum also caused enormous protest. A Lichtermeer (sea of light) was organised which was the biggest demonstration since 1945.

In 2008, the city councillor of the city of Graz, Susanne Winter (now Member auf the Austrian Parliament), voiced xenophobic and anti-islamic sentiments during a new years meeting of the FPÖ. She said that Austria was struck by an immigration tsunami and that the Quran was written during an epileptic seizure. Furthermore she declared that child abuse was wide spread among Muslims. In 2009 Winter was sentenced to a fine of 24,000 Euro and to three months on parole because of Verhetzung (racist incitement).

In 2009, Martin Graf, member of the Austrian Freedom Party (FPÖ) and Third President of the National Council, fiercely attacked Mr Muzicant, the president of the Jewish Faith Community. In a comment for the FPÖ party paper (Neue Freie Zeitung), he posed the question whether Mr Muzicant should not be regarded as the “foster father of anti-fascist leftist terrorism”. This was a reaction to Mr Muzicant’s statement that he was reminded of Goebbels when listening to Mr Kickl, the general secretary of the FPÖ. Mr Graf also called into question the anti-fascist fundamental consensus of Austrian post-WWII politics.

The FPÖ expresses racist and xenophobic sentiments and discourse especially during election campaigns:
• During the EU elections in May 2009 the Austrian Freedom Party (FPÖ) put forward the electoral slogan “Abendland in Christenhand” (The West in Christian Hands) and “Time for a Reckoning.” Various Christian churches criticised the slogan as being a misuse of religion and Christianity. However, the FPÖ General Secretary Herbert Kickl defended the slogan by referring to the “danger of a creeping Islamisation” and stated that the FPÖ wouldn’t “be shut up by the Church council.”
• During the election campaign 2010 leading up to the Vienna city council election the FPÖ announced several anti-islamic and xenophobic slogans by poster: The slogan  "Mehr Mut für unser Wiener Blut. Zu viel Fremdes tut niemand gut" (More courage in Vienna Blood. Too much foreigners are not good for anybody) was criticised by other Parties and by NGOs as being xenophobic. Another slogan was "Wir schützen freie Frauen" (We protect free women).
• In 2010, during the election campaign in the federal state Styria the FPÖ published the internet game Moschee Baba (Mosque Bye Bye). The players had to fire on Muezzins standing on top of minarets.

The Dokumentationsarchiv des Österreichischen Widerstandes (Documentation Centre of Austrian Residence) documented a selection of xenophobic, anti-Semitic and racist statements by members of the FPÖ. However, it stopped its documentation in 2001. The report of the German Office of the Protection of the Constitution also mentions the FPÖ several times. It especially refers to the anti-Islamic sentiments of the Party.

 

Although the FPÖ is the party which is said to express and spread racist or xenophopic sentiments and statements most frequently there are also other parties which voice such sentiments repeatedly. The Alliance of the Future of Austria (BZÖ) was founded by former FPÖ-party leader Jörger Haider in 1995 and managed to gain seats in the National Assembly in 2006 (4.1 per cent, 7 seats) and 2008 (10.7 per cent, 21 seats). Representatives of the BZÖ are said to express racist and xenophobic statements repeatedly. For example the Carinthian Governor Gerhard Dörfler, member of the Alliance of the Future of Austrian (BZÖ), was reported to have made racist comments during a press conference for the ORF programme “Wenn die Musi spielt”. The BZÖ politician received the crooner Robert Blanco by telling a racist joke. The incident was discussed in several media. The Carinthian SPÖ made public a few days later that Dörfler had also told Blanco to “wash his face now and again,” and demanded a public apology for these discriminatory comments. The BZÖ denied the second incident in a press release; an apology for the racist joke was not forthcoming. Dörfler himself dismissed the criticism as “artificially stirred up.” He had told the joke “in a spirit of fun” and it was not intended to be insulting. “Should we ban the children's book ‘Ten Little N...[*]’ in Carinthia?” he asked the Austrian Media Agency (APA). Blanco commented in a newspaper interview, calling it, “a harmless joke, that I don't find discriminatory."

The ECRI Report on Austria (2010) points at some worrying developments. First of all it is concerned about the advance of far-right parties, which are openly exploiting prejudices against minorities, immigrants, refugees, asylum seekers, Jews and Muslims. It especially refers to statements and speeches during election campaign, which stigmatise in particular migrants, refugees, asylum seekers and Muslims and recommends to the Austrian authorities to systematically condemn all forms of racism, xenophobia and antisemitism in political discourse. It also suggests to adopt measures to combat the use of racially inflammatory or xenophobic discours by political parties or their representatives. 

---

Sources: 

• http://de.wikipedia.org/wiki/Österreich_zuerst
• http://derstandard.at/1310511856518/Bericht-Deutscher-Verfassungsschutz-sieht-FPOe-in-rechtsextremen-Kooperationen
• http://www.doew.at/projekte/rechts/fpoe/fpoezitate.html
• http://www.thinkoutsideyourbox.net/?p=13718
• http://derstandard.at/1282978608342/Game-Moschee-Baba-FPOe-Werbung-laesst-Muezzins-abschiessen
• http://derstandard.at/3180621
• http://diepresse.com/home/politik/innenpolitik/446266/Winter-verurteilt_Muss-Religion-beleidigen-duerfen
• http://www.fpoe.at/fileadmin/Contentpool/Portal/PDFs/NFZ/2009/nfz2009.pdf
• http://derstandard.at/1244117103455/NR-Praesident-Graf-wiederholt-umstrittene-Aussagen
• http://derstandard.at/1310511856518/Bericht-Deutscher-Verfassungsschutz-sieht-FPOe-in-rechtsextremen-Kooperationen
• http://orf.at/ticker/314780.html
• http://diepresse.com/home/politik/innenpolitik/444720/Kaernten_Aufregung-um-Negerwitz-von-LH-Doerfler
• http://www.zara.or.at/_wp/wp-content/uploads/2011/09/ZaraReport_09Engl.pdf
• http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

 

See other countriesSee indicator history

Yes.

Qualitative Info

ECRI repeatedly expressed its concerns on the exploitation of racism and xenophobia in Austrian politics.  First of all it points out the advance of far-right parties, which are openly exploiting prejudices against minorities, immigrants, refugees, asylum seekers, Jews and Muslims. It especially refers to statements and speeches during election campaign, which stigmatise in particular migrants, refugees, asylum seekers and Muslims. These concerns are again mirrored in the election campaigns for the provincial elections in Styria and Vienna in autumn 2010. The FPÖ Styria opened its campaign with an “anti-minaret” video game on its website; the goal of the game was to shoot as many suddenly appearing minarets and muezzins as possible. The game was accessed 40,000 times after going online only within one day. It was severely criticised; the local Greens and the Islamic Faith Community reported the video game to the public prosecutor which immediately started investigations because of incitement and vilification of religious symbols.  The game had to be removed from the website.  At the same time, the Viennese FPÖ has continued its racist, xenophobic and Islamophobic campaigning of the previous years  with slogans like “More courage for our Viennese blood – too much of the other is not good for anybody”  or “We support free women – the social democrats the wearing of headscarves”.  The Peoples’ Party points to the problem of the high number of pupils with non-German mother tongue in Viennese primary schools with the slogan “Let’s talk about education – in German, at best”.  These slogans evidently contrast with ECRI’s demand to refrain from xenophobic behaviour. The ECRI Report recommends to the Austrian authorities to systematically condemn all forms of racism, xenophobia and antisemitism in political discourse. It also suggests to adopt measures to combat the use of racially inflammatory or xenophobic discourse by political parties or their representatives.

---

Sources: 

• http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf
• http://derstandard.at/1282978666463/Staatsanwaltschaft-ermittelt-gegen-Anti-Minarett-Spiel 
• http://www.thinkoutsideyourbox.net/?p=13718

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There are several groups expressing racist, anti-Semitic, xenophobic and neo-Nazi ideologies.

Qualitative Info

Besides the political parties (FPÖ & BZÖ) described in the three previous indicators of the section "Political Parties-organisations - Racist & Xenophobic Discourse",  there are several organisations which spread and express racist, anti-islamic, xenophobic and anti-Semitic sentiments and ideologies. However, the Verfassungsschutzbericht 2011 (Report on the protection of the constitution) states that these organisations do not constitute a real threat to the state and the internal security. They are also only to a small extent responsible for criminal activities. 

The Ministry of the Interior lists the following organisational structures concerning the far right-wing scene:

- The organised right-wing scene (organisierte Rechte) is concentrated on elaborating on political propaganda and is only to a lesser extent the object of police work.

- The Neo-Nazi scene (Neonazi-Szene) is guided by national-socialist ideologies and is organised in international networks. The readiness for violence of this group is very high.

- The Skinhead scene (Skinhead-Szene) is characterised by committing criminal offences, high readiness for violence and conspiracy.

- The Revisionists (Revisionisten) are organised on an international level and are concentrated on promoting anti-Semitic sentiments and ideologies.

- There are also right-wing key figures (Schlüsselfiguren) who enhance xenophobic and anti-Semitic attitudes. The main important features are readiness for violence, conspiracy and a well-organised international network.

 

The Dokumentationsarchiv des Österreichischen Widerstandes (Documentation Centre of Austrian Resistance) mentions the following organisations as being important organisations of the far right-wing scene:

- The Arbeitsgemeinschaft für demokratische Politik (AFP - Working Group on Democratic Politics) was founded in 1963 and is registered as a political party with an emphasis on ideological-cultural work with a pronouced far right-wing ideology. In its publications there are neo-Nazi and revisionist articles. The AFP has only few members but they are internationally organised and has good contacts to the Austrian Freedom Party (FPÖ).

- The Aula is a publication by the Arbeitsgemeinschaft der Freiheitlichen Akademikerverbände Österreichs (Working Group of the Liberal Academic Associations Austria) and constitutes a crucial point of the right-wing scene in Austria. It contains publications by a broad range of German national, right-wing and neo-Nazi writers and therefore has an important function as an ideological instrument.

- The Deutsches Kulturwerk europäischen Geistes (DKEG - German Cultural Work in a European Context)/Deutsche Kulturgemeinschaft (DKG - German Cultural Community) is the Austrian branch of a far right-wing German organisation with cultural and political ideological objectives. 

- The Kameradschaft IV (K IV - Comradship IV) is a far right-wing organisation of veterans who had been members of the "Waffen-SS". 

- The Kritischen Demokraten (Critical Democrats) is a small organisation with a linking function between the far right-wing and the Neo-Nazi scene and the FPÖ.

- The Schutzverein Österreichische Landsmannschaft (ÖLM - Defence Association of Austrian Territorial Association) is a far right-wing organisation which has an emphasis on journalistic work and which has a crucial linking function for far right-wing and German National groups.

- The Partei Neue Ordnung (PNO - Party of New Order) is a small right-wing group operating in the south-east part of Austria. The objectives of the group are the exculpation of the National-Socialism and the incitement against antifascists, democratic politicans and the National-Socialist Prohibition Act. The publication of the PNO contain anti-Semitic contents and conspiracy theories.

- The Volksbewegung or Volksbewegung gegen Überfremdung or Ausländer-Halt-Bewegung (Popular Movement, Popular Movement against Foreign Infiltration, Stop-Foreigners-Movement) is concentrated on xenophobic, rasicst, anti-Semitic and national-socialist propaganda.

---

Sources: 

• http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2011_online.pdf
• http://www.bmi.gv.at/cms/BMI_OeffentlicheSicherheit/2006/07_08/files/Rechtsextremismus.pdf
• http://www.doew.at/frames.php?/projekte/rechts/organisation/content.html

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Policies aimed at combatíng racism and related ideologies are scarce. A national action plan against racism had been planned, which was appreciated by  the International Committee on the Elimination of Racism and related intolerance (CERD), an initiatives, which has never been driven further. Several programmes have been initiated and/or funded in the field of education.

Qualitative Info

Policies aimed at combatíng racism and related ideologies are scarce. A national action plan against racism had been planned, which was appreciated by  the International Committee on the Elimination of Racism and related intolerance (CERD), an initiative, which has never been driven further. Policies have turned towards tackling the issue of racism by ways of making it part of the field of integration of migrants in the Austrian society. This focus has led to  the development of a national action plan on integration, which is mainly based in several indicators for measuring the level of integration. Main problem of this approach is the focus on one-way obligations of people willing to migrate to Austria and on the republic’s interest in obtaining the “best heads.”

Several programmes have been initiated and/or funded in the field of education. School against racism can serve as a long-standing example.

---

Sources:

CERD Country Report on Austria CERD/C/AUT/CO/17

CERD Written Replies by Austria http://www2.ohchr.org/english/bodies/cerd/docs/AdvanceVersion/replies_austria73.pdf

Nationaler Aktionsplan Integration http://www.integration.at/integration_in_oesterreich/nationaler_aktionsplan/

External Url http://www.integration.at/integration_in_oesterreich/nationaler_aktionsplan/

See other countriesSee indicator history

Initiatives at regional and local level similar to the federal level are mostly focussing on integration of migrants as a tool to combat racism.

Qualitative Info

Several initiatives have been implemented at the provincial and local level in order to promote integration of migrants, inter alia with the aim to combat discrimination. Most of these initiatives are focussing on imposing duties to migrants, but some can serve as good examples.

In Upper Austria a so-called Mission Statement on Integration (Integrationsleitbild) has been elaborated, which aims at building the basis for the development of a future-oriented, process based strategy for integration and co-existence of residents with Austrian as well as with migrant background. It shows a different attitude towards integration than at federal level. It especially focuses on eliminating structural barriers leading to social inequalities and at equality of opportunities for all. The procedure of elaboration of the mission statement was characterised by a mainstreaming as well as participatory approach aiming at tackling all areas of societal life and involving a bundle of relevant stakeholder as well as regional authorities.

The city of Vienna is also very active in developing strategies against discrimination and fostering equal participation of all. The Department for Integration and Diversity Issues is trying to initiate and carry through a change management process aiming at creating more equality of opportunities and representation of diversity within its workforce. Accompanying the service of providing counselling for any activities related to integration and diversity the department developed a self-assessment tool providing other departments with the possibility to check their level of diversity and assisting in developing, implementing and evaluating their diversity strategies. The department for integration and diversity is continuously accompanying the process and is providing its expertise for the development and implementation of tailor-made solutions for the fields of action identified.

---

Sources:

Land Oberösterreich (2008) Einbeziehen statt einordnen. Integrationsleitbild des Landes Oberösterreich, http://www.land-oberoesterreich.gv.at/cps/rde/xbcr/SID-7E9996CD-A4D69099/ooe/So_Integrationsleitbild.pdf

Inetgrationsorientiertes Diversitätsmanagement der Stadt Wien: http://www.wien.gv.at/menschen/integration/diversitaet/stadt.html

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Several NGOs are addressing the need to combat racism and racist discrimination as part of their principal objectives.

Qualitative Info

Several NGOs are addressing the need to combat racism and racist discrimination as part of their principal objectives. The NGO ZARA (Moral courage and anti-racism-work) is specifically targeting anti-racism as its main objective. Several NGOs are working in the fields of (legal) counselling for migrants, providing for different forms of assistance and such being politically active in order to change political attitude and legislation related to racism and (structural) discrimination.

Sources:

• www.zara.or.at
• http://www.sosmitmensch.at/
• http://www.amnesty.at/

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There are many NGOs in Austria, whose principal objectives relate to opposing/undermining racism and racist activity.

Qualitative Info

There are many NGOs in Austria, whose principal objectives relate to opposing/undermining racism and racist activity. The following list presents a selection of most prominent NGOs operating in this field:

 

ZARA - Zivilcourage und Anti-Rassismus-Arbeit (civil courage and anti-racism work) was founded in 1999. The NGO has the aim to promote civil courage and a non racist society in Austria as well as to combate all forms of racism. The work of the NGO is based on three pillars: counselling, prevention and awareness raising. Concerning counselling, ZARA provides information, support and (legal) advice to victims and witnesses of racism free of charge. In order to promote the prevention of racism ZARA offers trainings, workshops, lectures and information in the field of diversity-management and corporate consulting. The most important tool in the field of awareness raising is the annual racism report containing a qualitative collection of racist incidents documenting the prevalence and forms of racism in Austria.

 

SOS Mitmensch is a pressure group aiming at enforcing human rights, equal opportunities and equity. The main emphasis of its work is on anti-racism, migration & integration, asylum, democracy & rule of law and social movements. SOS Mitmensch observes the human rights situation in Austria and intervenes in case of human rights violations. The NGO also drafts proposals aiming at promoting the improvement of and compliance with fundamental rights. SOS Mitmensch further supports persons and initiatives working in the field of human rights and is involved in building up networks in this field. Furthermore, the NGO also renders assistance in indivudal cases provided that societal problems can be addressed in its sturctural dimension. The organisation also organises discussions and information campaigns.

 

Asyl in Not (asylum in distress) is a Vienna-based NGO supporting foreigner who are victims of political persecution. Asyl in Not advocates the right to asylum and the respect for human rights. The NGO provdes legal counselling, legal representation and social support for asylum seekers during and after asylum procedures.

 

The Initiative Minderheiten was founded in 1991 and is carrying out socio-political, educational and cultural projects. The NGO functions as a platform, network and intermediary of minorities in Austria. The Initiative Minderheiten aims at promoting the recognition and equal treatment of minorities irrespective of ethnic or social origin, religious belief, sexual orientation and disabilities. The NGO is committed to provide support and information for members of minorities and their organisations. The initiative provides lectures, events, libraries and information and works for the establishment of meeting places.

Further NGOs are the International Center for Black African Perspectives, the Kulturverein Kanafani, the Initiative Muslimischer ÖsterreicherInnen or the Pan African Forum in Austria.

---

Source: http://www.enar-eu.org/Page.asp?docid=15741&langue=EN; http://www.sosmitmensch.at, http://www.zara.or.at; http://www.asyl-in-not.org; http://www.initiative.minderheiten.at/; http://www.panafa.net/index.php?id=14

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Anti-racist/anti-discrimination activities of anti-discrimination NGOs have been an important factor for changing the political disourse and policies in recent years.

Qualitative Info

Anti-racist/anti-discrimination activities of anti-discrimination NGOs have been an important factor for changing the political disourse and policies in recent years. Concrete effects are difficult to measure, but NGOs' public relations work and acitivities disclosing grievances have contributed to political decisions like the installment of the Advisory Board for Human Rights (Menschenrechtsbeirat), competent for monitoring the compartment of police forces and the situation in prisons and detention centres in terms of their compatibility with Human Rights standards

External Url http://www.menschenrechtsbeirat.at/

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NGOs active in the field of anti-discrimination are actively invited to give their statements on draft legislation in their field of competence.

Qualitative Info

NGOs working in the field of anti-discrimination are actively invited to give their statements on draft legislation in their field of competence. Recommendations made in such statements have actually contributed to changes in legislation in force like the incorporation of discrimination on grounds of association, an increase of minimum compensations and the inclusion of a prohibition of discriminatory advertisements in housing in the most recent amendments of the Equal Treatment Act.

---

Source: http://www.klagsverband.at/archives/4831

External Url http://www.parlament.gv.at/PAKT/VHG/XXIV/ME/ME_00179/index.shtml

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In cases of general interest the Litigation Association of NGOs against discrimination (Klagsverband) is representing victims of discrimination in court.

Qualitative Info

Representation of victims of discrimination in court by NGOs is possible, when there legal representation by a lawyer is not obligatory. This is the case for proceedings with a value of claim lower that EUR 4.000,- and before the court of first instance in labour and social inscurance matters. The NGO most active in representing victims of discrimination in court is the the Litigation Association of NGOs against discrimination (Klagsverband) in cases, where there is a general interest of groups.

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Source: Labour and Social Security Court Act (Arbeits- und Sozialgerichtsgesetz), BGBl. 104/1985, last amended BGBl. I Nr. 111/2010

External Url www.klagsverband.at

See other countriesSee indicator history

Yes.

Qualitative Info

Since 2003 the human rights education has been incorporated into basic and further education of police officers. Concerning the basic education of police officers human rights issues are included into the following courses:

- Professional ethics

- Sociology. The aim of this course is that police officers are developing a basic sociological and democratic understanding. Besides the historical background and sociological basics issues about contemporary developments of the society are raised (i.e. raising awareness concerning the issue of migration).

- Human rights: The objective of this module is to raise awareness of human rights issues and to promote intercultural understanding.

- Constitutional law: This module provides insight into human rights law laid down by the Austrian constitution. It comprises lectures on fundamental rights, the European Convention on Human rights, the Convention Against Torture and the constitution.

- ADL-Trainings (Anti-Defamation League-Trainings)

Human rights issues are also incorporated into further training of police officiers. The courses include trainings on fundamental and human rights and professional ethics, a seminar on human rights, seminars on the subject of police and persons of African origin, state and human rights, the course "Police Action in the Context of Multicultural Society", the project "Intercultural Guides", ADL-Trainings and intercultural conflict management.

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Sources:

• http://www.bmi.gv.at/cms/BMI_SIAK/grundausbildung/files/Folder_SIAK_PGA.pdf
• http://www.bmi.gv.at/cms/cs03documentsbmi/787.pdf

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No.

Qualitative Info

No.

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No.

Qualitative Info

There is no legal definition of ethnic profiling. However, the Directive for Interventions by Members of the Public Security Services (Richtlinien-Verordnung) stipulates in the chapter "Respect of Human Dignity" that in the performance of their duties members of the public security services have to refrain from doing anything which gives the impression of partiality or constitutes a discrimation on grounds of gender, race or colour of skin, national or ethnic origin, religion, political view or sexual orientation.

---

Source:

• http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005857

See other countriesSee indicator history

Yes.

Qualitative Info

As there is no data collection system enabling individuals to document how frequently they were checked by the police (as recommended by the ECRI [European Commission against Racism and Intolerance] report) there is no reliable data on the engagement of police officers in ethnic profiling. The third and the fourth ECRI reports recommend "that a system be introduced that would make it possible to gauge the extent of such practices, with a view to improve the standards where necessary" (ECRI 2010, p. 42).

However, it appears from NGO reports that ethnic profiling is still going on in Austria. Amnesty international writes in its report "Victims or Suspects - A question of colour. Racial Discrimination in the Austrian Justice System" that "There is considerable evidence to suggest that the Austrian police has engaged in widespread discriminatory ethnic profiling over the past decade, particularly in its efforts to counter drug-related crime. However, anti-racism NGOs, community leaders and many individual members of ethnic minorities spoken to by Amnesty International considered that its use had decreased over the last two years. The most common form of ethnic profiling reported in Austria consists of random identity checks and searches of foreign-looking individuals, especially young black men. (...) Amnesty International is concerned, however, that, in everyday practice, skin colour too often appears to constitute a determining ground for police interventions in Austria." (p. 34)

The NGO ZARA reported many cases of police interventions indicating the practice of ethnic profiling in its annual reports. ZARA is concerned that these practices are contributing to increase the mistrust of the police and hamper the establishment of a good cooperation between police forces and persons concerned (ZARA Report 2010, p. 22).

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Sources:

• http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf
• http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/AUT-CbC-III-2005-1-ENG.pdf
• http://www.amnesty.at/uploads/tx_amnesty/Report_EN_Austria_complete_web.pdf
• http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf

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There is no data available on this indicator.

Qualitative Info

There is no data available on this indicator.

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It appears that the number of officially recorded incidents is lower than the number of incidents based on unofficial sources.

Qualitative Info

It appears that the number of officially recorded incidents is lower than the number of incidents based on unofficial sources:

Looking at official data for 2009, 2010 and 2012, the largest share in recorded incidents is held by right wing extremist incidents; racist/xenophobic, anti-Semitic and anti-Islamic incidents recorded account for a considerably smaller proportion (e.g. in 2009, 356 right wing extremist vs. 49 xenophobic/racist, 12 anti-Semitic, zero anti-Islamic incidents). In 2010, a total of 580 right wing extremist, xenophobic, racist, islamophobic, anti-Semitic and other related offences were recorded. An offence can consist of several incidents. 282 offences could be solved (48.6 per cent). Out of 580 offences there were 57.8 per cent right wing extremist, 11 per cent xenophobic/racist, 4.6 per cent anti-Semitic and 1.4 per cent anti-Islamic motivated. The motivation concerning the remaining 25.2 per cent was either unclear or amibiguous. In 2011, a total of 479 right wing extremist, xenophobic, racist, islamophobic, anti-Semitic and other related offences were recorded. An offence can consist of several incidents. 241 offences could be solved (50.3 per cent). Out of 479 offences there were 58.9 per cent right wing extremist, 7.7 per cent xenophobic/racist, 3.3 per cent anti-Semitic and 0.9 per cent anti-Islamic motivated. The motivation concerning the remaining 29.2 per cent was either unclear or amibiguous.

In contrast to official data collection, the NGO ZARA documented 798 racist (incl. religiously motivated) incidents for 2009, 745 incidents for 2010 and 706 incidents for 2011; the NGO Helping Hands Graz documented 392 incidents in 2009 and 389 incidents in 2010. In 2009, in comparison, the official figure for racist/xenophobic, anti-Islamic and anti-Semitic incidents is 61; after adding right wing extremist incidents and ‘other’ incidents, the total amount is 453 and 580 incidents in 2010.

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Sources:

1. Bundesministerium für Inneres, 2010, Verfassungsschutzbericht 2010, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2010_20100401_Onlinefassung.pdf, Accessed on 05.11.2012.
2. Bundesministerium für Inneres, 2011, Verfassungsschutzbericht 2011, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2011_online.pdf, Accessed on 05.11.2012.
3. Bundesministerium für Inneres, 2012, Verfassungsschutzbericht 2012, http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2012_V20120608_online.pdf, Accessed on 05.11.2012.
4. ZARA, 2010, Rassismus Report 2010, http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf, Accessed on 05.11.2012.
5. ZARA, 2009, Rassismus Report 2009, http://www.zara.or.at/_doc/2010/ZARA_RassismusReport2009.pdf, Accessed on 05.11.2012.
6. ZARA, 2011, Rassismus Report 2011, http://www.zara.or.at/_wp/wp-content/uploads/2012/03/Zara_RR11_RZ_Web_fin.pdf, Accessed on 05.11.2012.

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There is no information available on this indicator.

Qualitative Info

There is no information available on this indicator.

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Yes.

Qualitative Info

There is no systematic evaluation of police violence against migrants/minorities in custody. However, again and again cases of ill-treatment of migrants and/or persons from ethnic minorities in custody are disclosed to the public. Amnesty International has generally expressed its concern that victims of ill-treatment by the police mainly were members of ethnic minorities. The most prominent cases of abuse of migrants and/or persons from ethnic minorities in custody are the following incidents:

- In 1999, Marcus Omofuma, an asylum seeker who had been refused, died during deportation because police officers tied him up and taped up his mouth and nose.

-  In 2003, Seibane Wague, a Mauretanian student, died during his arrest after being fixated by police officers.

- In 2006, Bakary J. was tortured and abused by police officers after a failed deportation attempt.

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Source:

• http://www.amnesty.at/uploads/tx_amnesty/Report_EN_Austria_complete_web.pdf

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There has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in accessing justice.

Qualitative Info

There has been no systematic evaluation published yet concerning disproportionate problems migrants/minorities are facing in accessing justice. However, migrants might face more serious problems because of limited German language skills, restricted financial capacities and/or a limited understanding of the Austrian judicial system.

A study carried out on behalf of the European Union Agency for Fundamental Rights pointed out several problematic issues which might affect migrants to a greater extent;

- There are some restrictions regarding access to justice. The deadlines for bringing cases to court vary from 14 days to 6 months or even 3 years. The different deadlines might cause confusion for persons concerned.

- The length of judicial proceedings may last up to several years.

- Proceedings before Equal Treatment Bodies are free of charge. However, the decisions made by these institutions are non-binding.

- Legal proceedings before the court require legal representation. Although legal aid is provided to a party if a "person is otherwise not able to conduct the proceedings without endangering his or her basic subsistence. (...) If a person concerned within three years acquires sufficient financiel means, he or she has to pay back the legal aid granted" (FRA 2001, p. 9). Appointing lawyers of ones own choice involves high costs for the plaintiff. The financial risk of legal procedures is carried by the litigants.

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Source:

FRA (2011): Austria, available at http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-AT.pdf, Accessed on 17.01.2012

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There is no information available for this indicator.

Qualitative Info

There is no information available for this indicator.

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The main target groups of the Austrian unions are women, retirees, adolescents, disabled persons and atypical workers.

Qualitative Info

According to the Austrian Federation of Trade Unions (Österreichischer Gewerkschaftsbund) the main target groups of the Austrian unions are women, retirees, adolescents, disabled persons, workers in the health sector and atypical workers. There are no sub-organisations on ethnic or authochtonous minorities. Only the Union of Private Sector Employees, Graphical Workers and Journalists (Gewerkschaft der Privatangestellten) has established the group work@migration, a platform supporting and promoting the (labour) rights of migrants.

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Sources: http://www.oegb.at/servlet/ContentServer?pagename=OEGBZ/Page/OEGBZ_Index&n=OEGBZ_03; http://www.gpa-djp.at/servlet/ContentServer?pagename=GPA/Page/Index&n=GPA_4.7

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No, only the Union of Private Sector Employees, Graphical Workers and Journalists has a sub organisation on migration.

Qualitative Info

The Austrian unions are very reluctant in supporting and/or defending the rights of migrants. Only since 2006 all employees have the right of full active and passive participation in elections to the workers' councils and the Chamber of Labour. It has also to be mentioned that the unions are involved in the evaluation process of laws and members and representatives of the unions are either MPs or have important positions in political parties. Therefore the unions were involved in passing anti-migration-laws and restricting the labour market for foreign nationals.

There is only one union which has a sub-organization on migration. The Union of Private Sector Employees, Graphical Workers and Journalists (Gewerkschaft der Privatangestellten) has established an interest group (work@migration), which is a platform organised by migrants supporting other migrants. Work@migration is promoting legal reforms enhancing migrants (labour) rights, political participation and educational rights of migrations and legal reforms in civil law (marriage law).

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Sources: http://www.gpa-djp.at/servlet/ContentServer?pagename=GPA/Page/Index&n=GPA_4.7.1; http://kulturrisse.at/ausgaben/creative-bubbles/kulturpolitiken/gewerkschaften-und-rassismus

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Yes.

Qualitative Info

On behalf of the Austrian Integration Fund, Statistics Austria has compiled facts and figures around the issues of migration and integration which also contains data on the living conditions of migrants.  It reveals that the most relevant factor for the housing situation is the socio-economic status. In 2010 and 2011, persons with a migration background had less housing space at their disposal than the average population. Compared to an average living space of 44 square meters in 2011 (43 square metres per person in 2010), persons with migration background were living on 31 square metres (in 2010: 31 square meters) per person. EU-citizens had approximately 48 square meter (in 2010: 47 square meters) at their disposals, migrants from the former Yugoslavia lived at about 26 square meters and migrants of Turkish descent were worst off with only 21 square metres per person, in 2010 as well as in 2011.
Again for 2010 and 2011, the publications reveal significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats, the respective figure for first generation migrants amounted to 6 per cent in 2010 and 5 per cent in 2011.

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Sources:

1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.

 

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Migrants from the former Yugoslavia and migrants of Turkish descent.

Qualitative Info

According to the statistical reports "Migration & Integration", in 2010 and 2011, persons with a migration background had less housing space at their disposal than the average population. Compared to an average living space of 44 square meters per person in 2011 and 43 square metres per person in 2010, persons with migration background were living on 31 square metres per person. EU-citizens had approximately 47 square meters in 2010 and 48 squre meters in 2011 at their disposals, migrants from the former Yugoslavia lived on about 26 square meters and migrants of Turkish descent were worst off with only 21 square metres per person.
Again for 2010 and 2011, the publication reveals significant differences in housing quality standards. Whereas on average only 2 per cent of the population lived in sub-standard flats, the respective figure for first generation migrants amounted to 5 per cent in 2010 and 6 per cent in 2011.

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Source:

1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
2. Statistik Austria, 2012, migration & integration, zahlen.daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf,Accessed on 05.11.2012.

 

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There is no evidence of significant levels of segregation between minority groups and the majority population. 

Qualitative Info

There is no quantitative data on segregated settlements. According to the Federal Chancellery there are no segregated Roma settlements except for the one in Oberwart, which has however not been segregated by any legal provisions but which has resulted from historical developments. In Linz there is a settlement area that is primarily inhabited by Roma and Sinti, who after World War II were resettled there in communal buildings.

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Source:

Ludwig Boltzmann Institut of Human Rights/ZARA - Austria Raxen National Focal Point (2009): Thematic Study - Housing Conditions of Roma and Travellers. http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Austria_en.pdf

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There is no data that would indicate that there is a highly segregated minority group in Austria.

Qualitative Info

There is no data that would indicate that there is a highly segregated minority group in Austria. There is no quantitative data on segregated settlements. According to the Federal Chancellery there are no segregated Roma settlements except for the one in Oberwart, which has however not been segregated by any legal provisions but which has resulted from historical developments. In Linz there is a settlement area that is primarily inhabited by Roma and Sinti, who after World War II were resettled there in communal buildings.

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Source:

• Ludwig Boltzmann Institut of Human Rights/ZARA - Austria Raxen National Focal Point (2009): Thematic Study - Housing Conditions of Roma and Travellers. http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Austria_en.pdf, Accessed on 17.01.2012

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Yes.

Qualitative Info

In ZARA’s Racism Report 2011 and 2010,  incidents relating to housing are subsumed under the heading “goods and services”. The cases published in the Report 2011 include 17 housing-related incidents (in 2010: 14). Helping Hands Graz documented 433 racist incidents in its annual report (in 2010: 389, 24 per cent of which concerned housing). Even though discriminatory housing advertisements remained a problem, ZARA reports on increased awareness of housing platforms and media to swiftly remove respective ads. Since March 2011 discriminatory housing advertisements are legally prohibited. Besides discriminatory advertisements, incidents reported to both NGOs encompassed discriminatory allocation practices and racist harassment by neighbours.

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Sources:

1. ZARA, 2010, Rassismus Report 2010, http://www.zara.or.at/_doc/2011/Zara_RassismusReport_2010.pdf, Accessed on 05.11.2012.
2. ZARA, 2011, Rassismus Report 2011, http://www.zara.or.at/_wp/wp-content/uploads/2012/03/Zara_RR11_RZ_Web_fin.pdf, Accessed on 05.11.2012.
3. Helping Hands, 2010, Jahresbericht 2010, http://helpinghands.htu.tugraz.at/2010.pdf, Accessed on 07.11.2012.
4. Helping Hands, 2011, Jahresbericht 201, http://www.etc-graz.at/typo3/fileadmin/user_upload/ETC-Hauptseite/Programm/Aktuelles/aktuell_ab_201108/Helping_Hands_2011.pdf, Accessed on 07.11.2012.

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Migrants have a significantly different educational profile compared to persons without a migrant background: they are overrepresented in the highest and lowest levels of education, whereas persons without a migrant background dominate in the medium level of education.

Qualitative Info

According to the Annual Statistics Year Book 2011 and the Annual Statistics Year Book 2012, migrants have a significantly different educational profile compared to persons without a migrant background: they are overrepresented in the highest and lowest levels of education, whereas persons without a migrant background dominate in the medium level of education. In the last decades, an overall increase in the educational level of Austria’s population could be observed. Concerning the population with a migrant background, the statistical increase in their educational level between 1991 and 2011 can mainly be traced back to the immigration of highly qualified persons from EU Member States. 

In 2011, 19.1 per cent (2010: 20.6 per cent) of persons with a migrant background have obtained a university, college or academic degree in comparison to only 14.2 per cent (2010: 14 per cent) without a migrant background. However, it is mainly persons from the EU, EEA and Switzerland (25.4 per cent, in 2010: 26.3 per cent) as well as persons from other countries (35.3 per cent, in 2010: 38.7 per cent) who make up this relatively high figure. Only very few migrants from former Yugoslavia (Slovenia excluded) (4.9 per cent, in 2010: 5.7 per cent) and Turkey (3.9 per cent, in 2010: 3.5 per cent) have obtained a university degree. Yet, especially persons from former Yugoslavia and Turkey are overrepresented at the lowest educational level. In 2011, the proportion of people with a migrant background having only attended compulsory school was – with 30.6 per cent (in 2010: 30.1 per cent) – about twice as high as the proportion of persons without a migrant background. Among those, migrants from former Yugoslavia (Slovenia excluded) (37.4 per cent, in 2010: 37.4 per cent) and Turkey (66.8 per cent, in 2010: 66 per cent) predominated. The percentage of children with migrant background is also extremely high in special needs schools. Children who use another every-day language than German at the time of school enrolment or are of non-Austrian nationality are often forced to start in a special needs school instead of a regular elementary school.    

Given the fact that children with a migrant background are still disadvantaged in the educational system, ECRI recommends Austria to sign and ratify the UNESCO Convention against Discrimination in Education. Furthermore, ECRI points out that one of the main causes for the discrimination of children with a migrant background – the early segregation of pupils into vocational schools/high schools and secondary schools – has still not been tackled. Because of this early segregation, children with a migrant background and socio-economically disadvantaged children (which often applies to migrants) are restricted in their access to higher education. 

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Source:

1. Statistik Austria, 2011, migration & integration, zahlen.daten.indikatoren 2011, http://www.bmi.gv.at/cms/BMI_Service/STS/Web_Jahrbuch_72dpi.pdf, Accessed on 05.11.2012.
2. Statsitik Austria, 2012, migration & integration, zahlen. daten.indikatoren 2012, http://www.bmi.gv.at/cms/BMI_Service/Integration_2012/migration_integration_2012_72dpi.pdf, Accessed on 05.11.2012.
3. ECRI, 2010, ECRI Report on Austria (fourth monitoring cycle, http://www.coe.int/t/dghl/monitoring/ecri/Country-by-country/Austria/AUT-CbC-IV-2010-002-ENG.pdf, Accessed on 05.11.2012.

• 
   

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There is not much information available on this issue. The information available refers to bilangual lessons.

Qualitative Info

According to the third state report of Austria about the implementation of the Framework Convention for the Protection of National Minorities (FCNM), the positive trend concerning the registration of children for lessons in Slovenian language has continued in Carinthia. In the school year 2009/2010, 1,831 children (41.27 per cent) were registered for bilingual lessons in elementary schools. Additionally, 185 pupils attended bilingual lessons in two elementary schools in Klagenfurt which increases the total number of children attending bilingual lessons to 2,016. In the last two years, the number of pupils attending lessons in Slovenian has remained steady: in the school year 2008/09, 1,853 children (41.12 per cent) were registered for bilingual courses and 190 pupils attended bilingual lessons in two elementary schools in Klagenfurt. In secondary schools, 1,550 pupils attended lessons in Slovenian language in 2009/2010.       

In the autochthonous settlement area of the national minorities in the Burgenland, the children – nearly without exception – attend bilingual lessons in Hungarian as well as in Croatian.  In the school year 2009/2010, 2,143 pupils in compulsory schools and secondary schools were registered for lessons in Croatian and 2,717 pupils in compulsory schools and secondary schools were registered for lessons in Hungarian. Only five children in the compulsory school system attended lessons in Romanes.

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Sources: http://www.bka.gv.at/DocView.axd?CobId=42120; http://www.bmukk.gv.at/medienpool/6416/nr1_10.pdf

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There is no data available on this indicator.

Qualitative Info

There is no data available on this indicator.

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Representation of persons of immigrant background in the media is poor.

Qualitative Info

Representation of persons of immigrant background in the media is poor. On December 6th, 2010, the Austrian Public Broadcasting Company (ORF) released a study which revealed that migrants wish a better substantial and quantitative representation in the television programmes. It further criticised the recruitment of staff of the ORF because employees with migration background are seldom explicitly recruited. Migrants are alleged to be disadvantaged because they have an accent. However, the regional accent of applicants from i.e. Tyrol seems not to be a problem.

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Source: http://dastandard.at/1291454235142/Public-Value-Studie-Migranten-wuenschen-sich-staerkere-Praesenz-im-ORF

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Several organisations and reports indicate that the media contribute to the spread of racist and xenophobic stereotypes.

Qualitative Info

Representation of persons of immigrant background in the media is poor. On December 6th, 2010, the Austrian Public Broadcasting Company released a study which revealed that migrants wish a better substantial and quantitative representation in the television programmes. The reporting is perceived to be passing on stereotypes and the representation of migrants is unbalanced.

Also the ECRI Report on Austria expressed its concern in regard to news coverage by the media. It stated that the press was contributing to the "ethnicisation" of crimes and senationalist reporting on immigration and asylum issues and was preoccupied by the irresponsible editorial policy carried out by some newspapers, which is contributing to the spread of racist and xenophobic stereotypes.

Incidents and practices of hate speech in the media are also reported by NGOs. The ant-racism organisation ZARA lists several racist and xenophobic incidents in the fields of media and politics. According to the report xenophobic stereotypes and racist stereotypes are prevalent in politcal campaigns, posters, speeches and in the representation of migrants in the media.

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Sources: http://dastandard.at/1291454235142/Public-Value-Studie-Migranten-wuenschen-sich-staerkere-Praesenz-im-ORF; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf; http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_04/04_CbC_eng/AUT-CbC-IV-2010-002-ENG.pdf

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There is no comprehensive and continuous monitoring system in place regarding racism in sport. However there are incidents of racism, xenophobia and anti-Semitism occuring in the field of sports in Austria.

Qualitative Info

There is no comprehensive and continuous monitoring system in place regarding racism in sport. There are no official statistics on racist incidents covering all sport; such statistics are only available for professional football.  The Gleichbehandlungskommission (GBK) [Equal Treatment Commission (ETC)] has published one decision concerning racism in swimming.

Football is the only sport which is mentioned in the governmental reports on the protection of the constitution and which is monitored – though not on a continuous basis – by the NGO FairPlay. The UEFA plays an important role in monitoring racism in UEFA Champions League and UEFA Cup games. Racist incidents are much better documented in men’s than in women’s football and better in professional than in amateur football.

ZARA – Zivilcourage und Anti-Rassismus-Arbeit does not actively monitor sports activities, but sometimes gets reports on racist incidents in sports.

Therefore it is rather difficult to obtain information on racist incidents in sports. As racism in sports is not monitored in a comprehensive and continuous way, it is not possible to say which racist incidents are more common than others.

A study on Racism, ethnic discrimination and exclusion of migrants and minorities in sport published by the Fundamental Rights Agency found out that incidents of racism, anti-Semitism and anti-Gypsism are occuring throughout Europe. In Austria it is reported that in football there is significant incidence of abusive discriminating behaviour along ethnic lines. Most affected are people from Turkey or with a Turkish background. Furthermore the report says that racist and xenophobic extremist movements seek to infiltrate the football club scenes. This includes the displaying of fascist or neo-Nazi symbols and the singing of racist, anti-Semitic and right-extremist chants. There are also incidents of anti-Semitism mentioned by the report i.e. slandering and threatening of players for Jewish teams by players of other teams or spectators or anti-Semitic slanders and chants directed at fans and players of clubs that have or once had a Jewish background or roots in the Jewish community. During the UEFA European Football championship 2008 in Austria the study reported an increased interest in racism and discrimination in football. However, the level of awareness decreased again after the tournaments.

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Source: http://fra.europa.eu/fraWebsite/attachments/Report-racism-sport_EN.pdf; http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/VSB_2009_Online.pdf; http://www.bmi.gv.at/cms/BMI_Verfassungsschutz/BVT_VSB_2011_online.pdf; http://fairplay.vidc.org/aktuelle-news/

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There are several legislative provisions guaranteeing protection against hate speech in general, which could cover some aspects of hate speech in sports. There are very few regulations by sport federations or clubs that explicitly prohibit racist and ethnic discrimination.

Qualitative Info

There are several legislative provisions guaranteeing protection against hate speech in general, which could cover some aspects of hate speech in sports. There are very few regulations by sport federations or clubs that explicitly prohibit racist and ethnic discrimination.

Hate speech is forbidden by the Prohibition Statute which outlaws activities contributin to the revitalisation of the National Socialist ideology. Hate speech not connected to National Socialist ideology is prohibited by sec. 283 Penal Code. This also applies to hate speech in the context of sport.

Sec. 283 (1) Strafgesetzbuch (StGB) [Criminal Code]  makes Verhetzung [incitement to hatred] a punishable offence: incitement to hatred is the public inducement or incitement to the commission of a hostile or violent act in a manner likely to endanger public order against a church, or religious community (existing in the state) or against a group on grounds of race, colour of skin, language, religion or Weltanschauung (belief-ideology), nationality, descent, national or ethnic group, gender, disability, age or sexual orientation or against member of such a group. This provision stipulates punishment of up to two years imprisonment. Sec. 283 (para. 2) also punishes public agitation against such a group or member of a group insulting or disparaging it in a manner violating or degrading human dignity.

Sec. 115 Criminal Code makes Beleidigung [defamation] a punishable offence,  i.e. to insult, mock, inure or threaten to injure third persons in public or in the presence of several others (i.e. in the presence of more than two persons who are different from the perpetrator and the victim and who can notice the incident). According to Sec. 117 (3) Criminal Code  such offences shall be prosecuted ex officio by the public prosecutor subject to the victim’s consent if they are committed by reason of the victim’s membership of one of the groups mentioned in Sec. 283 (1) Criminal Code (i.e. in the case of an insult or mockery (in the sense of Sec. 115) due to which a person is put down as ethnically, culturally or morally simply inferior on account of his or her membership to one of the groups mentioned in Sec. 283 (1) Criminal Code).  Such offences are punishable by a custodial sentence of up to three months or a pecuniary punishment of up to 180 daily rates.

Regulations by sport federations or clubs that explicitly prohibit racist and ethnic discrimination exist only in the field of football:

- Art 112 of the regulations of the Austrian Football Association prohibits racism and other discriminatory practices. In case of violations fines are imposed.

- The security guidelines of the Primary Football League state that organisers of football games have to prevent any form of racist or fascist activities. Statements disseminated via the loudspeakers must not be racist or discriminatory towards any of the teams. These guidelines do not seem to be applied very often. 

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Source: http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10002296; http://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_00674/fname_184138.pdf; http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000207; http://www.oefb.at/_uploads/_elements/5370_file1.pdf; http://www.bundesliga.at/assets/documents/regulations/sicherheitsrichtlinien_20112012.pdf

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