Universal Periodic Review

Prosecute all cases of hate crimes and attacks against refugee and asylum-seekers, while strengthening efforts to combat racial or religious hatred, including through ensuring justice and adoption of a national action plan

Proponent:

Remarks to progress by Liga (last modified Dec 31, 2024):

The 2020 EU Action Plan against Racism calls on the member states to draw up National Action Plans against Racism by the end of 2022. In Austria, the Federal Minister for Women, Family, Integration and Media in the Federal Chancellery is responsible for drawing up the National Action Plan against Racism and Discrimination. This National Action Plan is also anchored in the current government programme (EU Action Plan against Racism 2020: https://ec.europa.eu/migrant-integration/library-document/union-equality-eu-anti-racism-action-plan-2020-2025_en). Austria has also referred to the planned National Action Plan against Racism in various other recommendations regarding the implementation and promotion of measures to combat racism, discrimination, xenophobia and intolerance. This shows its particular importance. Contrary to this assurance and contrary to the agreement in the last government programme, no national action plan to combat racism was adopted and no significant other programmes in the area of anti-racism work were implemented, with the exception of the area of anti-Semitism.   The systematic recording of offences motivated by prejudice and the publication of corresponding statistics are decisive steps towards making hate crimes visible. It is important to analyse the extent to which the views of the police and victim protection organisations coincide in order to ensure the reliability of these statistics. An effective referral system for victims of hate crime needs to be developed to facilitate access to support and prosecution, with a focus on raising awareness among different actors such as police and social workers. These observations are an important basis for the reliability of the hate crime statistics that are now being collected. Despite this progress, there are still challenges, particularly in the area of sensitisation and documentation. The bias motive aspect is often not sufficiently taken into account in criminal prosecution, which means that many victims are unable to exercise their special rights under the EU Victims‘ Rights Directive. In order to counteract this, organisations such as ZARA and WEISSE RING are calling for the police to use special forms to record prejudicial motives in reports and for courts to take prejudicial motives into account throughout criminal proceedings. The prosecution of hate crime shows that a significant proportion of perpetrators are young and male. This is particularly noticeable in the case of anti-Semitic offences. In contrast, the proportion of foreign suspects is higher for anti-Christian and anti-Muslim offences. It is crucial that cooperation between law enforcement authorities and civil society organisations is strengthened in order to improve victim protection and counter hate crimes more effectively (see reporting and statement on the Hate Crime Report 2022 by Weisser Ring: https://www.weisser-ring.at/hasskriminalitaet-sichtbar-machen/). There is a lack of political strategies, especially against anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (Website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). A large number of measures have been taken since 2021 to combat all forms of antisemitism. A central coordination centre for the topic of anti-Semitism has been set up at the Federal Chancellery and a national strategy against anti-Semitism has been published (see https://www.bundeskanzleramt.gv.at/dam/jcr:8bd2975f-0483-4e74-abd9-d66446195d7c/antisemitismusstrategie.pdf). Even though the position has now been downgraded to a department in the Policy Section, it still exists in principle.   Two implementation reports are available (for 2021 and 2022). For the education sector, a strategy paper on the „Prevention of antisemitism through education“ was developed in 2022, which contains recommendations for the implementation of the National Strategy against Antisemitism for the Austrian education administration and teacher training institutions (see: https://oead.at/fileadmin/Dokumente/oead.at/KIM/Downloadcenter/OeAD_E.AT_Strategiepapier_FIN_01.pdf). These recommendations were discussed at the symposium on „Preventing antisemitism through education“ in September 2022. In 2022, the National Forum against Antisemitism was also established to pool knowledge, combat antisemitism and promote Jewish life in Austria. The body is made up of representatives from the federal government, the provinces, municipalities, social partners, academia, religious communities, Jewish museums and civil society. A working group on the documentation of anti-Semitic incidents was also established with the aim of learning from the experiences of other organisations that already document racist, anti-Semitic, etc. incidents. The aim is to learn from the experiences of other organisations already documenting racist, anti-Semitic incidents in order to set up an anti-Semitism documentation centre that meets current requirements.   Parliament also commissioned a study on anti-Semitism in Austria, which was presented in April 2023 (see https://www.parlament.gv.at/dokument/fachinfos/publikationen/Langbericht-Antisemitismus-2022-Oesterreichweite-Ergebnisse.pdf). While there are political strategies against anti-Semitism, there is no comparable approach to anti-Muslim racism. Instead, measures are taken that lead to prejudgements of people perceived as Muslim. The establishment of the Documentation Centre for Political Islam and Operation Luxor reinforce a general suspicion of Muslims and lead to people withdrawing from social discourse, a reduction in diversity of opinion and restrictions on participation. Freedom of opinion, freedom of the press, freedom of religion and freedom of assembly can be restricted on the basis of membership of a particular group, which has a negative impact on basic democratic principles (website of the Federal Chancellery – Documentation Centre for Political Islam: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/nachrichten-der-bundesregierung/2020/integrationsministerin-raab-dokumentationsstelle-politischer-islam-nimmt-arbeit-auf.html). Regarding hate speech on the internet, the Hate on the Net Act was introduced to help victims of online hate, including group-focused misanthropy (HiNBG see: https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2020_I_148/BGBLA_2020_I_148.html).  A National Action Plan is crucial to ensure a structured approach to tackling crime. This plan should include clear guidelines for prosecution, victim protection and prevention, involving all relevant stakeholders to ensure justice and protection.