Universal Periodic Review

Promptly investigate, prosecute and sanction all forms of racism and hate crimes in accordance with the law, including by ensuring that the prosecution and the police have adequate tools and skills

Proponent:

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

In Austria, there are reports of racist police checks in which people are discriminated against on the basis of their ethnic origin or skin colour. According to the Amnesty Annual Report 2022, such practices have been documented time and again in police work, which places a particular burden on the communities affected. The Styrian Anti-Discrimination Agency confirms that racial profiling violates the ban on discrimination and must be urgently reformed in order to protect the rights of all citizens (Amnesty International Annual Report: https://www.amnesty.de/informieren/amnesty-report/oesterreich-2022). In Austria, there is still a need to strengthen measures to combat racial discrimination and racial profiling. This requires not only a clear condemnation of such practices, but also the implementation of accountability measures for those who commit, aid and abet or cover up racial discrimination. Promoting transparency, education and training for law enforcement agencies and strengthening the rights of victims are crucial steps to combat racial discrimination and racial profiling. Measures should be taken to hold people who practise racial discrimination and racial profiling accountable (Racism Report 2022 by ZARA- Civil Courage and Anti-Racism Work as PDF: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). Around 30,000 police officers throughout Austria were prepared for this task by completing e-learning seminars and receiving training as multipliers. The police now work on the basis of a victim-centred approach, actively listening to the victims and investigating consistently to ensure appropriate prosecution. These measures are designed to help tackle bias crime and improve safety for all citizens. With the systematic recording of hate crimes motivated by prejudice and the publication of statistics on hate crimes recorded by the police, a first important step has been taken to make hate crimes visible. It is important to observe the extent to which the views of the police and victim protection organisations or community organisations agree on whether an incident should be classified as a hate crime or not. These observations are an important basis for the reliability of the statistics now collected on hate crimes (Report of the Federal Ministry of the Interior on „Hate Crime“ in Austria 2021: https://www.bmi.gv.at/408/Projekt/files/218_2021_Hate_Crime_Bericht_2021_GESAMT_V20220510_barrierefrei.pdf).
In addition, relevant amendments to criminal legislation have been introduced to improve the handling of hate crimes. The amendments to the Criminal Code (StGB) and the Code of Criminal Procedure (StPO) contain new regulations to combat hate crime more effectively and to strengthen the rights of victims. It is important to regularly review and adapt these legal changes in order to meet current challenges.  {Hassverbrechen-Strafrecht}