Universal Periodic Review

Adopt further measures in combatting human trafficking and protecting the rights of victims, as well as the rights of migrants

Proponent:

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

Law enforcement agencies continued to use facial recognition technologies without a clear legal basis, despite the potential discrimination against gender and ethnic minorities and the interference with the rights to privacy, freedom of expression and freedom of assembly. Racial profiling by the police continued to be practised and there was a lack of effective mechanisms to investigate these practices (see Human Rights Situation in Austria 2022, Amnesty International Austria: https://www.amnesty.at/themen/menschenrechte-in-oesterreich/menschenrechtslage-in-oesterreich-2022-amnesty-jahresbericht/). Between January and August 2021, 64 Afghan nationals were deported to Afghanistan despite the risk of serious human rights violations upon their return. In August of the same year, the Austrian government refused to evacuate Afghan refugees from the Taliban and to redistribute asylum seekers from the Greek islands. In July 2021, the Provincial Administrative Court of Styria found that seven asylum seekers had been illegally returned to Slovenia. This showed that unlawful pushbacks were being systematically practised in Austria in some cases. In February 2022, the same court confirmed that an asylum seeker from Morocco had been unlawfully returned to Slovenia and pointed out the methodical application of such unlawful pushbacks. By the end of 2022, around 90,000 Ukrainian refugees had received temporary protection in Austria in accordance with the EU mass influx directives. In September 2022, the Ministry of the Interior reported that 5,140 unaccompanied minors had gone missing between January and July. Numerous NGOs and politicians are calling for the immediate allocation of guardians for unaccompanied minors as soon as they arrive, instead of waiting for admission to the asylum procedure, which often takes several months;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. 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 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;