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: 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

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. 

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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