Universal Periodic Review

This UPR tool reflects the global recommendations made to Austria by all countries world-wide during the Universial Priodic Review process (UPR) at the UN Human Rights Council and their current status of implementation. The League coordinates a significant part of Austrian civil society in the UPR process. 

The recommendations can be filtered in the menu below by human rights topics, SDGs, proponent states etc. also a search function is available. 

 

We welcome your comments and suggestions at upr@liga.or.at.


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Progress: No progress

Reinforce the capacity of the Federal Office for Immigration to process refugee claims of asylum seekers, ensuring that the principle of non-refoulement is observed at all times

Proponent:

Afghanistan


Islamic Republic of Afghanistan

Afghanistan


Islamic Republic of Afghanistan

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

In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice.   After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted.   Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf). 

Progress: No progress

Strengthen the capacity to process refugee applications, provide adequate legal assistance to applicants, and guarantee the principle of non-refoulement

Proponent:

Mexico


United Mexican States

Mexico


United Mexican States

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

In May 2019, the so-called BBU Act was passed, which aims to introduce care and support services (BBU) (see: https://www.oesterreich.gv.at/themen/soziales/armut/2/Seite.1694400.html). It is envisaged that this agency will be subordinate to the Ministry of the Interior and the Ministry of Justice and will take over all tasks relating to the care of asylum seekers that were previously mainly carried out by independent, non-governmental organisations. These tasks include care in the initial reception centres for asylum seekers, the provision of legal advice for asylum seekers and foreigners, return counselling and support for people who have been rejected.During the review process, Amnesty International, among others, has already criticised the draft law (see Amnesty International statement:https://www.amnesty.at/news-events/stellungnahme-zur-bundesagentur-fuer-betreuungs-und-unterstuetzungsleistungen/).   It is made clear in the main arguments that the law significantly impairs the rights of people with fair trials and the possibility of an effective complaint. It also conflicts with European requirements, such as the EU Reception Directive, particularly with regard to the requirement for free legal advice and representation. The BBU Act guarantees the independence and authority of legal advisors, as organisational, financial and personnel cooperation exists between the agency and the Ministry of the Interior. It is important to ensure that procedures are fair, transparent and in accordance with the rule of law and that asylum seekers have adequate access to legal remedies and independent counselling;

Redaktionelle Verantwortung UPR-Tool:

Österreichische Liga für Menschenrechte, upr@liga.or.at

Lizenz CC-BY-SA 

Unterstützung durch:

Forschungskooperation mit der Volksanwaltschaft

Förderung des Zukunftsfonds der Republik Österreich

 

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