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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: In progress

Strengthen efforts to combat anti-Semitism and promote religious tolerance by continuing its work in education and policing

Proponent:

USA


United States of America

USA


United States of America

Remarks to progress by Liga (last modified Apr 1, 2025):

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 established at the Federal Chancellery and a national strategy against anti-Semitism has been published (National Strategy of the Republic of Austria to Prevent and
Combating all forms of antisemitism, 2021: 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 drawn up in 2022, which contains recommendations for the implementation of the National Strategy against Antisemitism for the Austrian education administration and teacher training institutions (Strategy paper, 2022: https://www.erinnern.at/themen/artikel/massnahmenpaket-praevention-von-antisemitismus-durch-bildung). These recommendations were discussed in September 2022 at the symposium on „Preventing antisemitism through education“. A working group was established to document antisemitic incidents with the aim of learning from the experiences of other organisations that already document racist, antisemitic, etc. incidents. The aim is to learn from the experiences of other organisations that already document racist, anti-Semitic, etc. 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 (Study, 2023: https://www.parlament.gv.at/dokument/fachinfos/publikationen/Langbericht-Antisemitismus-2022-Oesterreichweite-Ergebnisse.pdf ). 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.   There are two implementation reports (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 has been 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, etc. 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).   As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).There are currently no specific programmes or legal regulations in Austria that focus exclusively on the topic of religious tolerance. However, this does not mean that religious tolerance is not important in society. In general, it is strengthened by various general anti-discrimination measures and the promotion of diversity and inclusion. 

Progress: In progress

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:

Zambia


Republic of Zambia

Zambia


Republic of Zambia

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}

Progress: In progress

Systematically investigate all forms of racism and hate crimes, prosecute and punish those responsible according to the law

Proponent:

Luxembourg


Grand Duchy of Luxembourg

Luxembourg


Grand Duchy of Luxembourg

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

According to the ZARA Racism Report 2023, people with migration experience, especially from African or Asian countries, are disproportionately affected by discrimination. This discrimination manifests itself in various areas of life, including the labour market, education and access to public services (see ZARA Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf). The ECRI report by the Ombud for Equal Treatment emphasises that despite progress in the legal framework to combat discrimination, practical implementation is often inadequate. To meet these challenges, comprehensive measures are needed to promote equal treatment and combat racism. This includes both political initiatives and social efforts to raise awareness and education. 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. 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). 

Progress: In progress

Continue in its endeavour of combating acts or advocacy of racial or religious hatred, including by bringing those responsible to justice and envisaging the adoption of a national action plan against racism

Proponent:

Romania


Romania

Romania


Romania

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.   According to the ZARA Racism Report 2023, people with migration experience, especially from African or Asian countries, are disproportionately affected by discrimination. This discrimination manifests itself in various areas of life, including the labour market, education and access to public services (see ZARA Report 2023: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf). The ECRI report by the Ombud for Equal Treatment emphasises that despite progress in the legal framework to combat discrimination, practical implementation is often inadequate. To meet these challenges, comprehensive measures are needed to promote equal treatment and combat racism. This includes both political initiatives and social efforts to raise awareness and education.  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. 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). 

Progress: In progress

Establish an independent mechanism to investigate cases of ill-treatment and excessive use of force by law enforcement officials

Proponent:

Bahamas


Commonwealth of the Bahamas

Bahamas


Commonwealth of the Bahamas

Remarks to progress by Liga (last modified Nov 7, 2023):

Im März 2023 wurde der Vorschlag zur Änderung des Gesetzes über das Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung präsentiert, welches im Juli 2023 vom Parlament beschlossen wurde (BGBl. I Nr. 107/2023). Dieser Vorschlag beinhaltet die Etablierung einer Ermittlungs- und Beschwerdestelle (EBS) für Misshandlungsvorwürfe durch die Polizei (Siehe: hier). Diese soll als eine eigene Organisationseinheit im Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung angesiedelt sein. Die EBS soll interdisziplinär und multiprofessionell besetzt werden. Ebenso beinhaltet der Vorschlag die Einrichtung eines unabhängigen Beirats als qualitätssicherndes Beratungsgremium.

Grundsätzlich ist zu begrüßen, dass eine EBS eingerichtet werden soll. Ebenso zu begrüßen ist die Einrichtung eines Beirats als qualitätssicherndes Beratungsgremium sowie der Umstand, dass die EBS interdisziplinär und multiprofessionell besetzt werden soll. Allerdings wird, laut Stellungnahmen von zivilgesellschaftlichen Organisationen und der Wissenschaft, die Unabhängigkeit der EBS in diesem Gesetzesentwurf nicht als gegeben angesehen. Grund dafür ist, dass die Stelle im BAK angesiedelt sein wird, einer Einrichtung des Bundesministeriums für Inneres, welches – genauso wie die Polizei selbst – dem/ Bundesminister*in für Inneres weisungsunterworfen ist (siehe Stellungnahme: hier). Die Forderungen nach einer – völkerrechtlich gebotenen – unabhängigen Ermittlungs- und Beschwerdestelle werden mit diesem Entwurf nicht erfüllt (siehe zB Stellungnahme von Amnesty International: hier).

Progress: In progress

End excessive use of force, torture, ill-treatment by law enforcement agents

Proponent:

Venezuela


Bolivarian Republic of Venezuela

Venezuela


Bolivarian Republic of Venezuela

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

In Austria, there have been discussions for years about setting up an independent mechanism to investigate abuse and excessive use of force by law enforcement officers. Human rights organisations such as Amnesty International and the UN Committee against Torture criticise the fact that Austria does not have a truly independent mechanism for investigating police violence. So far, allegations have mostly been investigated internally or by the public prosecutor’s office, which is often considered insufficiently independent. In 2023, the Austrian government took steps to address this problem. Legislative initiatives have been discussed that provide for the establishment of an independent investigative body. These initiatives aim to increase independence and transparency in the investigation of allegations against law enforcement officials. The Austrian Minister of Justice and the Ministry of the Interior have agreed as part of the government’s work to present a draft for the establishment of such a mechanism. It is expected that this mechanism will be institutionally and operationally independent of the law enforcement authorities and the Ministry of the Interior.   Despite this progress, there are still concerns about the actual independence and effectiveness of the proposed mechanism. Critics argue that without sufficient powers and resources, the new mechanism will not be much more effective than the existing structures. It remains to be seen what the final legislative proposal will look like and whether it will be approved by parliament. Human rights groups and civil society organisations continue to push for swift and substantial reforms.  

Progress: In progress

Take further action against the use of force by the police

Proponent:

Bahrain


Kingdom of Bahrain

Bahrain


Kingdom of Bahrain

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

As the issue of police violence has recently come into focus in Austria, a proposal to amend the law on the Federal Office for the Prevention of and Fight against Corruption was presented in March 2023 and adopted by the Austrian Parliament in July 2023 (BGBl. I No. 107/2023). Amnesty International has called for the introduction of an identification requirement for police officers to enable effective investigations into police violence (Amnesty International report: https://www.amnesty.at/presse/amnesty-international-fordert-kennzeichnungspflicht-bei-polizei/). A further step was the presentation of the project „Police under National Socialism“ to reappraise the history of the police (1938-1945) (see project presentation „Police under National Socialism“: https://bmi.gv.at/news.aspx?id=315779304A4F57543645673D). These events illustrate the relevance and the discussion surrounding the topic of police violence in Austria. 

Progress: In progress

Improve law enforcement practice to investigate cases of torture, ill-treatment and other police misconduct

Proponent:

Belarus


Republic of Belarus

Belarus


Republic of Belarus

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

As the issue of police violence has recently come into focus in Austria, a proposal to amend the law on the Federal Office for the Prevention of and Fight against Corruption was presented in March 2023 and adopted by the Austrian Parliament in July 2023 (BGBl. I No. 107/2023). Amnesty International has called for the introduction of an identification requirement for police officers to enable effective investigations into police violence (Amnesty International report: https://www.amnesty.at/presse/amnesty-international-fordert-kennzeichnungspflicht-bei-polizei/). A further step was the presentation of the project „Police under National Socialism“ to reappraise the history of the police (1938-1945) (see project presentation „Police under National Socialism“: https://bmi.gv.at/news.aspx?id=315779304A4F57543645673D). These events illustrate the relevance and the discussion surrounding the topic of police violence in Austria. 

Progress: In progress

Establish an independent and effective mechanism to address allegations of misconduct and excess use of force by law enforcement officers

Proponent:

Canada


Canada

Canada


Canada

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

In Austria, there have been discussions for years about setting up an independent mechanism to investigate abuse and excessive use of force by law enforcement officers. Human rights organisations such as Amnesty International and the UN Committee against Torture criticise the fact that Austria does not have a truly independent mechanism for investigating police violence. So far, allegations have mostly been investigated internally or by the public prosecutor’s office, which is often considered insufficiently independent. In 2023, the Austrian government took steps to address this problem. Legislative initiatives have been discussed that provide for the establishment of an independent investigative body. These initiatives aim to increase independence and transparency in the investigation of allegations against law enforcement officials. The Austrian Minister of Justice and the Ministry of the Interior have agreed as part of the government’s work to present a draft for the establishment of such a mechanism. It is expected that this mechanism will be institutionally and operationally independent of the law enforcement authorities and the Ministry of the Interior.   Despite this progress, there are still concerns about the actual independence and effectiveness of the proposed mechanism. Critics argue that without sufficient powers and resources, the new mechanism will not be much more effective than the existing structures. It remains to be seen what the final legislative proposal will look like and whether it will be approved by parliament. Human rights groups and civil society organisations continue to push for swift and substantial reforms.  

Progress: In progress

Swiftly move forward with plans for the establishment of a strong independent police complaints authority

Proponent:

Denmark


Kingdom of Denmark

Denmark


Kingdom of Denmark

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Take measures to address allegations of excessive use of force and ill-treatment by police through the establishment of an independent and effective investigations and complaints mechanism

Proponent:

Ghana


Republic of Ghana

Ghana


Republic of Ghana

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Establish an independent and effective investigation mechanism to address allegations of torture, ill treatment and other forms of abuse by police forces and others

Proponent:

Iran


Islamic Republic of Iran

Iran


Islamic Republic of Iran

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Continue its efforts on the national investigation and complaints body for cases of alleged police misconduct, and to integrate human rights and anti-discrimination norms into police training courses

Proponent:

Australia


Australia

Australia


Australia

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

The current status in Austria shows that progress continues to be made with regard to the establishment of a state investigation and complaints office for cases of alleged police misconduct. There are ongoing discussions and recommendations to establish and effectively utilise this body. At the same time, it is emphasised that it is important to promote the integration of human rights and anti-discrimination norms into police training in order to strengthen respect for human rights and combat discrimination. In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: In progress

Continue working on the program to establish a national body to investigate and examine complaints related to unlawful acts of the police

Proponent:

Russia


Russian Federation

Russia


Russian Federation

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

In March 2023, the proposal to amend the Act on the Federal Bureau of Anti-Corruption was presented, which was passed by Parliament in July 2023 (BGBl. I No. 107/2023). This proposal includes the establishment of an investigation and complaints office (EBM) for allegations of mistreatment by the police (see https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=100). This is to be established as a separate organisational unit within the Federal Office for the Prevention and Combating of Corruption. The EBM should be interdisciplinary and multi-professional. The proposal also includes the establishment of an independent advisory board as a quality-assuring advisory body.   In principle, the establishment of an EBM is to be welcomed. The establishment of an advisory board as a quality-assuring advisory body is also to be welcomed, as is the fact that the EBM is to be interdisciplinary and multi-professional. However, according to statements from civil society organisations and the scientific community, the independence of the EES is not considered to be given in this draft law. The reason for this is that the position will be located in the BAK, an institution of the Federal Ministry of the Interior, which – just like the police itself – is subject to the instructions of the Federal Minister of the Interior (see statement: https://www.parlament.gv.at/gegenstand/XXVII/ME/254?selectedStage=101). The demands for an independent investigation and complaints body – required under international law – are not met by this draft (see e.g. statement by Amnesty International: https://www.amnesty.at/news-events/polizeigewalt-ermittlungsstelle-im-ministerrat-einige-verbesserungen-im-geaenderten-gesetz-doch-unabhaengigkeit-weiterhin-nicht-sichergestellt/). 

Progress: No progress

Keep up its efforts to prevent racial profiling by the police and continue to provide all law enforcement personnel with racial sensitivity training

Proponent:

Greece


Hellenic Republic

Greece


Hellenic Republic

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

In order to fulfil this recommendation, Austria should take concrete steps to ensure that those who practice racial discrimination and racial profiling are held accountable. This is an important step towards a fairer and more inclusive society (see Racism Report 2022 by ZARA- Zivilcourage und Antirassismusarbeit as PDF: here). This includes training for prospective judges and police officers as well as the integration of human rights education into the curricula of Austrian schools. The training of prison guards, including topics such as human rights and anti-discrimination, is carried out in consultation with the staff representatives (see Federal Law Gazette II No. 129/2011, Overall legal regulation for basic training for employees in pay group v1 in the prison service: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007252).   Although progress in human rights education is recognisable, it should be noted that there is still a considerable need for action. Positive approaches such as training for prospective judges and police officers and the integration of human rights education into curricula should be further strengthened. The mention of the training of judicial guards is commendable, but additional efforts are needed to achieve comprehensive social sensitisation.  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). 

Progress: No progress

Make efforts to prohibit racial profiling by the police and continue to provide racism awareness training to all law enforcement officials

Proponent:

Angola


Republic of Angola

Angola


Republic of Angola

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

In order to fulfil this recommendation, Austria should take concrete steps to ensure that those who practice racial discrimination and racial profiling are held accountable. This is an important step towards a fairer and more inclusive society (see Racism Report 2022 by ZARA- Zivilcourage und Antirassismusarbeit as PDF: here). This includes training for prospective judges and police officers as well as the integration of human rights education into the curricula of Austrian schools. The training of prison guards, including topics such as human rights and anti-discrimination, is carried out in consultation with the staff representatives (see Federal Law Gazette II No. 129/2011, Overall legal regulation for basic training for employees in pay group v1 in the prison service: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20007252).   Although progress in human rights education is recognisable, it should be noted that there is still a considerable need for action. Positive approaches such as training for prospective judges and police officers and the integration of human rights education into curricula should be further strengthened. The mention of the training of judicial guards is commendable, but additional efforts are needed to achieve comprehensive social sensitisation. 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). 

Progress: No progress

Enhance sensitization and training programmes for law enforcement officials on human rights education, particularly on racial sensitivity

Proponent:

Pakistan


Islamic Republic of Pakistan

Pakistan


Islamic Republic of Pakistan

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

{Menschenrechtsbildung-Justiz}

Progress: In progress

Cease torture and inhuman or degrading treatment in places of detention and ensure that those allegations are investigated impartially and perpetrators are prosecuted and convicted

Proponent:

North Korea


Democratic People's Republic of Korea

North Korea


Democratic People's Republic of Korea

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

Individual legal protection in prisons is primarily regulated by the Prison Act. Legal protection in the event of restrictions of liberty outside of prisons is guaranteed in particular by the Accommodation Act and the Residential Homes Act. There are no plans to further strengthen individual legal protection. There is insufficient data on the practical exercise of legal protection.   A practical problem with allegations of ill-treatment and torture is necessarily that accusations are often difficult to prove and that witness testimony is often unreliable. There is also a need for greater awareness and training of prison staff to ensure that human rights standards are met in practice. The training regulations have not been modernised for some time and further training in the area of human dignity and human rights is only optional.  In addition, however, a review of the conditions in all forms of deprivation of liberty, not only of state but also private operators, is carried out by the relevant commissions of the Ombudsman Board in accordance with the OPCAT (Review of the conditions of deprivation of liberty by the Ombudsman Board in accordance with OPCAT: https://volksanwaltschaft.gv.at/artikel/opcat-umfassendes-menschenrechtsmonitoring-durch-die-volksanwaltschaft ). Anonymised individual cases are published according to annual review priorities agreed with the Human Rights Advisory Council (see Website of the Austrian Ombudsman Board: Preventive human rights monitoring). It would also be desirable if even better-prepared statistical data were available, in particular on abuses in the area of criminal detention and police detention.  Even though a separate investigation and complaints office for cases of abuse and torture has now been set up for police activities (see Gesetz über das Bundesamt zur Korruptionsprävention und Korruptionsbekämpfung, Änderung (2089 d.B.)), there is no comparable body for the activities of judicial police officers. It would be necessary under fundamental rights to establish a genuine organisationally separate and independent complaints office with low access barriers for all bodies whose employees exercise direct command and coercive power. Individual legal protection in prisons is primarily regulated by the Prison Act. Legal protection in the event of restrictions of liberty outside of prisons is guaranteed in particular by the Accommodation Act and the Residential Homes Act. There are no plans to further strengthen individual legal protection. There is insufficient data on the practical exercise of legal protection.   A practical problem with allegations of ill-treatment is necessarily that accusations are often difficult to prove and that witness statements are often unreliable. There is also a need for greater awareness and training of prison staff to ensure that human rights standards are met in practice. The training regulations have not been modernised for some time and further training in the area of human dignity and human rights is only optional.   In addition, however, a review of the conditions in all forms of deprivation of liberty, not only of state but also private operators, is carried out by the relevant commissions of the Ombudsman’s Office in accordance with the OPCAT (more details Article: Comprehensive human rights monitoring by the Austrian Ombudsman Board). Anonymised individual cases are published according to annual review priorities agreed with the Human Rights Advisory Council (see Website of the Austrian Ombudsman Board). It would also be desirable if even better-prepared statistical data were available, in particular on abuses in the area of criminal detention and police detention.   Even though a separate investigation and complaints office for cases of abuse has now been set up for the activities of the police (see Government bill: Federal (constitutional) law), there is no comparable office for the activities of prison officers. It would be constitutionally required to establish a genuine organisationally separate and independent complaints office with low access hurdles for all bodies whose employees exercise direct command and coercive power;

Progress: In progress

Take measures aimed at reducing the number of detainees and ensure that prisons were provided with adequate financial resources to fulfil their aim of rehabilitation and social reintegration

Proponent:

Zambia


Republic of Zambia

Zambia


Republic of Zambia

Remarks to progress by Liga (last modified Apr 1, 2025):

There are currently 191 unfilled posts in Austrian prisons, including 111 in the executive service and 80 in administration. This leads to a considerable workload for the existing staff, who have to compensate for both staff shortages and absences due to illness. The answers to two parliamentary questions make it clear that the staff shortage has existed for years and that the situation remains tense (see two questions: https://www.parlament.gv.at/dokument/XXVII/AB/17366/imfname_1624738.pdf and https://www.parlament.gv.at/dokument/XXVII/AB/17457/imfname_1625033.pdf). In the last three years, the number of staff has not been increased, although the number of inmates has risen. The government’s current practice is criticised as a lack of administration. Posts are not increased with the argument that they cannot be filled anyway, and there are no measures to make the professions in the prisons more attractive. There is a particular lack of specialised staff such as social workers and psychologists. A more attractive job profile with fair pay is considered essential to remedy the situation. Despite measures such as the increase in basic salaries and a new recruiting and image campaign, filling vacancies remains challenging. Further measures, such as the heavy labour regulation for all justice guard employees, are considered necessary (see also statistics on the Ministry of Justice website on the distribution of inmate numbers: https://www.justiz.gv.at/strafvollzug/statistik/verteilung-des-insassinnen-bzw-insassenstandes.2c94848542ec49810144457e2e6f3de9.de.html). Legislatively, there are no recognisable changes that will lead to a reduction in the number of people in prison.  In a study published in March 2023 by the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR), other problem areas were also pointed out as alternatives to the deprivation of liberty of children (e.g. complete removal of juveniles from detention centres, capacities of juvenile psychiatry).   As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). Prisons tend to be at or above capacity. This has a negative impact on the quality of prison conditions and the opportunities for rehabilitation and resocialisation. Due to limited resources and overcrowding in prisons, it is often difficult to effectively fulfil the purpose of resocialisation (see also statistics on the website of the Ministry of Justice, on the distribution of the inmate population: https://www.justiz.gv.at/strafvollzug/statistik/verteilung-des-insassinnen-bzw-insassenstandes.2c94848542ec49810144457e2e6f3de9.de.html). In addition, the Court of Audit published a report on the resocialisation measures of the justice system in August 2024 (see report: https://www.rechnungshof.gv.at/rh/home/home/2024_8_Resozialisierung_Justiz.pdf). From January to May 2023, the ACA audited the measures for the resocialisation of prisoners in prisons at the Federal Ministry of Justice and the Directorate General for the Execution of Sentences. It also audited the association „NEUSTART – Bewährungshilfe, Konfliktregelung, Soziale Arbeit“ with regard to cooperation and quality management, analysing and assessing the strategic orientation, impact objectives, organisation, staff, specific resocialisation measures and interface management.   As part of the Government Plan 2025-2029, the federal government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Hold those accountable who commit, aid or abet racial discrimination and profiling

Proponent:

Pakistan


Islamic Republic of Pakistan

Pakistan


Islamic Republic of Pakistan

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). 

Progress: In progress

Ensure the thorough investigation of human trafficking cases and the prosecution of perpetrators to justice

Proponent:

Cyprus


Republic of Cyprus

Cyprus


Republic of Cyprus

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

With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023. However, challenges remain, for example, in the identification of trafficked persons in the area of labour exploitation, in the security of residence for trafficked persons and in measures against child trafficking. Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. 

Progress: In progress

Ensure that cases of human trafficking continue to be investigated, perpetrators are brought to justice, and the victims are adequately compensated

Proponent:

Greece


Hellenic Republic

Greece


Hellenic Republic

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

With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023. However, challenges remain, for example, in the identification of trafficked persons in the area of labour exploitation, in the security of residence for trafficked persons and in measures against child trafficking. Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. 

Progress: In progress

Strengthen efforts to thoroughly investigate all cases of human trafficking and ensure victim’s access to justice and remedies

Proponent:

Liechtenstein


Principality of Liechtenstein

Liechtenstein


Principality of Liechtenstein

Remarks to progress by Liga (last modified Apr 1, 2025):

Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. Despite existing measures, the situation regarding the protection of victims of human trafficking in Austria remains critical. Although there are specialised aid organisations such as LEFÖ-IBF, many victims are often not identified in time, which makes access to protection and support more difficult. Co-operation with the authorities is a particular hurdle for victims, as residence permits are often dependent on their willingness to co-operate. This can put victims in an insecure situation, especially if they are afraid of reprisals or deportation. The fight against child trafficking and sexual exploitation is also problematic, as there is still a lack of sufficient data collection and targeted measures.
  As part of the Government Plan 2025-2029, the Federal Government intends to follow up on the recommendation to take effective measures against human trafficking and to sustainably strengthen victim protection for refugees (see Government Plan 2025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html). Austria should take measures to ensure effective compensation for victims of human trafficking. This includes greater cooperation with international organisations and non-governmental organisations in order to raise awareness of the problem and provide better support for trafficked persons. Legal frameworks should be reviewed and improved in order to strengthen the rights of victims and give them access to appropriate compensation. In addition, targeted sensitisation of law enforcement agencies and social services is necessary to effectively protect and support victims;Austria has a specialised task force to combat human trafficking, which works closely with various authorities and NGOs to give trafficked persons access to their rights. The task force is committed to improving the identification of victims and the prosecution of perpetrators. There are specialised institutions such as LEFÖ-IBF and MEN VIA, which offer comprehensive support for women and men. Victims receive legal counselling and court support. The police have specialised units that deal with cases of human trafficking and can be contacted via a hotline. Austria should continue to work on improving access to legal protection for all victims of human trafficking by strengthening cooperation between authorities and victim protection organisations and ensuring that the legal framework is implemented efficiently;

Progress: In progress

Enhance ongoing measures to combat trafficking in persons and exploitation of children and ensure perpetrators are brought to justice

Proponent:

Myanmar


Republic of the Union of Myanmar

Myanmar


Republic of the Union of Myanmar

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

With regard to measures to combat human trafficking, including child trafficking, the Federal Government has set extensive goals in the areas of prevention, victim protection, prosecution and monitoring in its National Action Plan 2021-2023. However, challenges remain, for example, in the identification of trafficked persons in the area of labour exploitation, in the security of residence for trafficked persons and in measures against child trafficking. Austria has clear provisions against human trafficking in its criminal law, including criminal sanctions of up to ten years for serious cases. Nevertheless, law enforcement should be further strengthened and it should be ensured that perpetrators are effectively prosecuted and convicted, while victim protection and access to legal assistance are improved. 

Progress: In progress

Prosecute all hate crimes and assaults against migrants

Proponent:

Burkina Faso


Burkina Faso

Burkina Faso


Burkina Faso

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

On a positive note, the Federal Ministry of the Interior has integrated the systematic recording of prejudice motives in premeditated offences into police work as part of an EU project. For this purpose, the category „Hate crime“ was introduced in the police logging programme (PAD) as a separate „Motive“ tab with the title „Prejudice motives (hate crime) according to victim groups“. The recorded data is transmitted to the justice system via a separate interface: Electronic Legal Transactions (ERV) and subjected to quality assurance by the Federal Ministry of the Interior. Around 30,000 police officers throughout Austria have been 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 those affected and investigating consistently to ensure appropriate prosecution. These measures are designed to help tackle bias crime and improve safety for all citizens. The Report of the Federal Ministry of the Interior on Hate Crime in Austria – Annual Report 2021 was published for the first time in 2022. In the period from January to December 2021, 5,464 offences motivated by prejudice were recorded by the police (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). 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 on hate crimes that are now being collected. 

Progress: No progress

Amend the legal definition of rape in the criminal code to be based on lack of consent. Additionally, provide support and assistance to victims of rape, including bringing the rate of prosecutions and convictions of rape and sexual violence in conformity with the rise in reporting of such cases

Proponent:

Marshall Islands


Republic of Marshall Islands

Marshall Islands


Republic of Marshall Islands

Remarks to progress by Liga (last modified Apr 1, 2025):

The offence of rape in Austria is defined in Section 201 of the Austrian Criminal Code. This paragraph stipulates that a person who compels another person by force, deprivation of liberty or threat of imminent danger to life or limb to perform or tolerate sexual acts, in particular sexual intercourse or similar sexual acts, is punishable by a prison sentence of two to ten years (see RIS Criminal Code § 201 StGB : https://www.ris.bka.gv.at/eli/bgbl/1974/60/P201/NOR40217855). It should be emphasised that the absence of consent is already a fundamental characteristic of the offence of rape. The wording in the law refers to the victim’s predicament and the violation of her sexual self-determination. The consent of the victim is therefore of crucial importance, and the absence of this consent is already stipulated in the law.   It is crucial to provide rape victims with both criminal justice support and resources to deal with this traumatic situation. This includes the need to revise the offence of rape in the Criminal Code by establishing lack of consent as a fundamental element of the offence. In addition, it is necessary to ensure that as the number of reported cases of rape and sexual violence increases, the proportion of prosecutions and convictions increases appropriately. To ensure that every victim has access to protection and support, increased investment and better coordination between the relevant authorities and non-governmental organisations is required.   As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).

Progress: No progress

Increase implementation of non-judicial measures for children accused of criminal offences

Proponent:

Montenegro


Montenegro

Montenegro


Montenegro

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

Young people between the ages of 14 and 18 who are accused of an offence have the right to be heard or to be present during investigations or the taking of evidence. This right also extends to their legal representatives, unless they themselves are suspected of being involved in the offence. The same applies to access to files. In the case of accused juveniles, the public may be excluded from the main hearing upon application or ex officio if this is necessary in the interests of the juveniles. During an exclusion, however, legal representatives, legal guardians, probation officers, as well as representatives of youth welfare organisations, youth court assistance and probation services may continue to attend the main hearing. Promoting extrajudicial measures for children who have committed offences could not only contribute to more effective resocialisation, but also enable improved social integration and prevention of further offences in the long term. Such an approach could therefore not only focus more strongly on the welfare of the children concerned, but also have a lasting positive effect on society as a whole.  In view of the recommendation to increase the use of out-of-court measures for children who have committed offences, it is to be hoped that Austria will not only take note of this advice, but also actively put it into practice in order to further promote a resource-oriented and child-friendly justice system. Given the challenges in dealing with child offenders in Austria, the increased use of extrajudicial measures could be a promising and human-centred solution. It is to be hoped that Austria will recognise the opportunity and actively implement the recommendations in order to take a significant step towards a fair and preventive justice system. 

Progress: No progress

Ratification The Budapest Convention on Cybercrime dated 23.11.2001 and its additional protocol of 23.11.2001

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

Austria has not yet ratified the Budapest Convention on Cybercrime, which was adopted by the Council of Europe on 23 November 2001. This convention is the first international treaty to set legal standards for combating cybercrime, including measures for criminal prosecution and international cooperation in the case of internet-based offences such as data misuse, cyber fraud and child pornography. It serves many countries as the basis for national laws on cybercrime, but Austria has not yet joined the treaty.  
The Additional Protocol of 2003, which specifically addresses racist and xenophobic offences on the Internet, has also not been ratified by Austria. Although the treaty has been adopted by over 60 countries and is recognised worldwide as a directive, Austria has decided to implement its regulations on cybercrime at a national level without being formally bound by the Budapest Convention;

Progress: No progress

Ensure an independent investigative body for cases of police abuse and adequate treatment of cases of abuse

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

{unabhängige Mechanismen-Allgemein}

Progress: No progress

Offer effective protection against secondary victimisation in the complaints procedure and balance the structural power advantage of the police over complainants

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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

{unabhängige Mechanismen-Allgemein}

Progress: No progress

Set up efforts to make ethnic profiling transparent and develop countermeasures

Proponent:

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

League


Österreichische Liga für Menschenrechte


Rahlgasse 1/26, A-1060 Wien


http://www.liga.or.at/projekte/universal-periodic-review-2020-upr/

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). 

Redaktionelle Verantwortung UPR-Tool:

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

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