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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

Develop a national action plan to combat acts of racial or religious hatred and its apology, in particular against minorities, migrants and asylum seekers and refugees

Proponent:

Ecuador


Republic of Ecuador

Ecuador


Republic of Ecuador

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. 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). The Framework Convention for the Protection of National Minorities came into force in Austria on 1 July 1998. It aims to protect and promote the rights of national minorities and sets Europe-wide standards in this regard. In the current Resolution CM/ResCMN (2023)14 of the Committee of Ministers of 13 December 2023 (see: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}), as well as in the Report of the Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe of 16 October 2023 (see: https://rm.coe.int/5th-op-austria-de-full-version/1680ace87b) emphasises that Austria must continue its efforts to safeguard the rights of national minorities, but must expand them in key areas (see Resolution CM/ResCMN (2023) 14 of the Committee of Ministers of 13 December 2023: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680adcf6e%22],%22sort%22:[%22CoEValidationDate%20Descending%22]} ) which provides for immediate measures to protect ethnic groups.   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). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.  In recent years, there has been a tightening of immigration policy in Austria and an increasing harshness towards asylum seekers. This is reflected in legislative changes aimed at making access to asylum more difficult and facilitating the deportation of rejected asylum seekers. Another problem is the treatment of asylum seekers during the asylum procedure and in reception centres. There are currently reports of overcrowded accommodation, inadequate medical care and a lack of integration into the education system. 

Progress: No progress

Prosecute all cases of hate crimes and attacks against refugee and asylum-seekers, while strengthening efforts to combat racial or religious hatred, including through ensuring justice and adoption of a national action plan

Proponent:

Afghanistan


Islamic Republic of Afghanistan

Afghanistan


Islamic Republic of Afghanistan

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.   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). 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).  A National Action Plan is crucial to ensure a structured approach to tackling crime. This plan should include clear guidelines for prosecution, victim protection and prevention, involving all relevant stakeholders to ensure justice and protection. 

Progress: In progress

Take concrete measures to combat incidents of ethnic or racially motivated violence and hatred, including against migrants and refugees

Proponent:

Portugal


Portuguese Republic

Portugal


Portuguese Republic

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. 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). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.  In recent years, there has been a tightening of immigration policy in Austria and an increasing harshness towards asylum seekers. This is reflected in legislative changes aimed at making access to asylum more difficult and facilitating the deportation of rejected asylum seekers. Another problem is the treatment of asylum seekers during the asylum procedure and in reception centres. There are currently reports of overcrowded accommodation, inadequate medical care and a lack of integration into the education system. 

Progress: In progress

Pursue policies to strengthen the promotion and protection of the rights of women, notably those who are minorities, immigrants and refugees

Proponent:

Barbados


Barbados

Barbados


Barbados

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

According to the Pay Transparency Directive, companies in the EU should in future exchange information on how much they pay women and men for work of equal value and take action if their gender pay gap exceeds 5 per cent. EU member states now have until June 2026 to transpose the directive into national law. This will include more comprehensive disclosure of starting salaries and pay levels, increased reporting obligations for companies and improved access to legal measures for employees. The exact implementation of the directive is not yet known (further information on this: https://www.bundeskanzleramt.gv.at/themen/europa-aktuell/2023/04/gender-pay-gap-rat-der-eu-nimmt-neue-vorschriften-zur-lohntransparenz-an.html). The 2021 violence protection package aims to protect women at risk and improve the financial framework. Among other things, preventative measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). Nevertheless, the financial resources still appear insufficient. There is also a lack of support for single parents and further training for professional groups who work with affected women and children. In this context, the Austrian Ministry of Social Affairs‘ „PERSPECTIVE WORK“ project, which deals with gender equality and the prevention of violence against women in the workplace, is of interest (see the Ministry of Social Affairs‘ website: https://www.sozialministerium.at/Themen/Soziales/Soziale-Themen/Geschlechtergleichstellung/PERSPEKTIVE-ARBEIT.html). 

Progress: No progress

Create a new National Action Plan „Protection against Violence for Women“ which also considers women with disabilities, precarious residence permits and asylum seekers and women with mental illness

Proponent:

Netherlands


Kingdom of the Netherlands

Netherlands


Kingdom of the Netherlands

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

With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  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: In progress

Adopt comprehensive measures to prevent, combat and punish all forms of violence against women, strengthen the protection and assistance offered to victims of such violence, and prosecute all crimes aimed at women and girls, including refugee and asylum-seeking women and girls

Proponent:

Luxembourg


Grand Duchy of Luxembourg

Luxembourg


Grand Duchy of Luxembourg

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

Austria therefore lacks a comprehensive, long-term strategy to protect women from violence, although responsibility is shared between the federal and state governments. The provinces fund women’s shelters and counselling centres in particular, while the Ministry of the Interior, the Ministry of Justice and the Federal Chancellery are active at federal level. The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond the current measures are required to effectively combat violence against women.   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).In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA identifies shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf).   The 2021 Violence Protection Package aims to protect women at risk and improve the financial framework. Among other things, preventive measures and awareness-raising are to be emphasised more strongly (see https://bmi.gv.at/magazin/2022_01_02/Gewaltschutz.aspx). The Austrian women’s organisations point out that violence against women, including femicide and domestic violence, is still reaching alarming proportions. In this critical situation, political, legal and financial measures that go beyond the current measures are needed to effectively combat violence against women.   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). Austria lacks a comprehensive, long-term strategy to protect women from violence, although responsibility is shared between the federal and state governments. The provinces fund women’s shelters and counselling centres in particular, while the Ministry of the Interior, the Ministry of Justice and the Federal Chancellery are active at federal level. The Court of Audit highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). It appears that the financial resources remain insufficient.  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: In progress

Strengthen measures to address unreported cases of femicides and domestic violence against women, hate crimes against migrants, refugees and asylum-seeking women and girls

Proponent:

Myanmar


Republic of the Union of Myanmar

Myanmar


Republic of the Union of Myanmar

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

The Austrian government has ensured the funding of violence protection centres and supported the expansion of shelters and transitional housing. The budget for women’s and girls‘ advice centres was increased by 67 per cent to 13.6 million euros (see Measures Report BMI, 2023: https://www.bmi.gv.at/news.aspx?id=754742316C7558786E42413D). Another focus is on the nationwide introduction of violence outpatient clinics, which provide victims with free examinations regardless of the procedure. These outpatient clinics are intended to improve the documentation of injuries and thus increase the conviction rate in cases of domestic violence. In addition, cooperation between various ministries and departments is being continuously strengthened and regular violence protection summits are held to promote the exchange of best practices and networking between experts. Measures have also been introduced to better recognise and document violence and to raise awareness of the „silent emergency call“. Despite this progress, there are still gaps in the protection against violence, particularly in the area of conviction rates and research into unreported cases. Organisations such as the association AÖF and the Alliance Gewaltfrei leben are therefore calling for a further increase in the budget for gender equality and violence prevention work in order to achieve real equality and a significant reduction in violence against women in the long term.   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 continue to be concerns about the effectiveness of measures in Austria to combat hate crimes against migrant women. The latest data on hate crimes against women and hate crimes against migrant women in Austria show an alarming increase in reported cases in 2022 compared to the previous year. Despite a higher detection rate, many of these crimes remain unsolved. Of particular concern is the increase in offences based on ideology, national/ethnic origin and religion. Despite this, there is a lack of specific measures to prevent and support migrant women affected, and barriers to data collection and dark field research remain. Policymakers are called upon to develop and implement more effective strategies and a national action plan to combat hate crime. 

Progress: No progress

Ensure that effective legal remedy and independent legal counsel for asylum seekers be guaranteed under the new procedures introduced with the establishment of the Federal Agency for Provision of Care and Support/BBU

Proponent:

Sweden


Kingdom of Sweden

Sweden


Kingdom of Sweden

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

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

Progress: No progress

Make efforts to improve the protection of the rights of migrants and asylum seekers

Proponent:

Uganda


Republic of Uganda

Uganda


Republic of Uganda

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

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; In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Further increase efforts aimed at protection of asylum seekers and migrants

Proponent:

Ukraine


Ukraine

Ukraine


Ukraine

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

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;In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Ensure the immediate assignment of a legal guardian to all unaccompanied minors who arrive in the country, without delays or preconditions

Proponent:

Uruguay


Republic of Eastern Uruguay

Uruguay


Republic of Eastern Uruguay

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

Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations.   In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament.   Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival.   The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody.   However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;

Progress: No progress

Ensure that obligations of the International Covenant on Economic, Social and Cultural Rights are fully met in regards to migrants and refugees, in particular, the rights to liberty and personal freedoms and the rights of unaccompanied refugee minors

Proponent:

Canada


Canada

Canada


Canada

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

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;In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations.   In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament.   Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival.   The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody.   However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;

Progress: No progress

Stop the implementation of policies and measures that violate the rights of migrants and effectively protect their rights

Proponent:

China


People's Republic of China

China


People's Republic of China

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

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;

Progress: No progress

Strengthen policies and programs targeting asylum seekers or migrants, with measures that guarantee systematic and free legal assistance

Proponent:

Costa Rica


Republic of Costa Rica

Costa Rica


Republic of Costa Rica

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

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

Progress: No progress

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

Proponent:

Afghanistan


Islamic Republic of Afghanistan

Afghanistan


Islamic Republic of Afghanistan

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

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

Progress: No progress

Continue applying measures to protect asylum seekers by facilitating the asylum application process and the relocation of asylum seekers to Austria

Proponent:

Cyprus


Republic of Cyprus

Cyprus


Republic of Cyprus

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

In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice.   After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted.   Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf). 

Progress: No progress

Implement concrete actions based on respect for all human rights of asylum seekers and refugees, particularly boys, girls and adolescents, and the full observance of due process

Proponent:

El Salvador


Republic of El Salvador

El Salvador


Republic of El Salvador

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

In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;In September 2023, there were almost half as many asylum applications in Austria compared to 2022. Applications for international protection in Austria are made exclusively in Austria, as applications cannot be submitted to Austrian representation authorities abroad. As a result, many refugees have to come to Austria without a visa and therefore illegally, as it is almost impossible to obtain an entry visa for Austria or another EU member state. This illustrates that although refugees have a fundamental right to an asylum procedure, actual access to this right is often restricted in practice.   After entering Austria (legally or illegally), refugees must submit their asylum application to a police station. The initial interview takes place in special offices of the provincial police directorates and is conducted by interpreters or language experts. Asylum is granted in accordance with the Asylum Act of 2005 and is aimed at people who are persecuted because of their race, religion, nationality, membership of a particular ethnic or social group or their political convictions. The recognition rate varies greatly depending on the origin of the asylum seeker. There is also subsidiary protection, which is granted to people whose asylum application has been rejected but whose life or health is at risk in their country of origin. In cases of particular hardship, humanitarian residence permits can also be granted.   Public opinion in Austria is critical of asylum seekers from Muslim countries of origin such as Afghanistan, Syria and Tunisia. According to a survey in spring 2023, 61 per cent of Austrians rated living together with refugees as bad. The disparity between apprehensions and accepted asylum applications is particularly striking in November and December 2022, when only 0.6 per cent of those who entered the country were able to apply for asylum. There are calls for the right to asylum and lawful access to the asylum procedure to be guaranteed, as well as the establishment of independent human rights monitoring at German borders. Disciplinary consequences for those responsible, compensation and the right to re-entry for those affected are also called for (joint press release of 30 May 2023 by Pushback Alarm Austria, Border Violence Monitoring Network and the Bavarian Refugee Council: https://www.asyl.at/files/uploads/446/23-05-30-pm-pushbacks-an-bayerischen-grenzen-1.pdf). 

Progress: No progress

Strengthen efforts to ensure that every asylum-seeking child benefits from child protection safeguards, and that UNICEF recommended minimum standards for the protection of children in refugee accommodation centres are applied

Proponent:

Fiji


Republic of Fiji

Fiji


Republic of Fiji

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

{Kinder und Jugendliche-Kinderschutz}

Progress: No progress

Continue to ensure adequate and independent legal assistance to asylum seekers

Proponent:

India


Republic of India

India


Republic of India

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

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

Progress: No progress

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

Proponent:

Mexico


United Mexican States

Mexico


United Mexican States

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

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

Progress: No progress

Implement its international obligations and commitments related to migrant and refugees’ protection through specific policies and programmes

Proponent:

Pakistan


Islamic Republic of Pakistan

Pakistan


Islamic Republic of Pakistan

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

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;In July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Establish a mechanism to ensure independent and competent legal counsel for asylum seekers

Proponent:

Philippines


Republic of the Philippines

Philippines


Republic of the Philippines

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

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

Progress: No progress

Continue to raise public awareness to eliminate prejudice and stereotypes against migrants and refugees, and take further measures to translate integration efforts into effective practice on the ground

Proponent:

South Korea


Republic of Korea

South Korea


Republic of Korea

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

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;In recent years, there has been a tightening of immigration policy in Austria and an increasing harshness towards asylum seekers. This is reflected in legislative changes aimed at making access to asylum more difficult and facilitating the deportation of rejected asylum seekers. Another problem is the treatment of asylum seekers during the asylum procedure and in reception centres. There are currently reports of overcrowded accommodation, inadequate medical care and a lack of integration into the education system. 

Progress: No progress

Pay particular attention to its human rights obligations in the context of the significant influx of migrants to the country from the Middle East and North Africa

Proponent:

Russia


Russian Federation

Russia


Russian Federation

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

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;

Progress: No progress

Continue strengthening successful policy to increase access to education, health and integration into the labour market for women with disabilities, ethnic minority groups, migrants, refugees and Asylum seekers

Proponent:

Somalia


Federal Republic of Somalia

Somalia


Federal Republic of Somalia

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

Gender stereotypes and role expectations contribute to inequality, make it difficult for women to advance in their careers and reduce their opportunities. To tackle the gender pay gap in the EU, the Council of the European Union adopted new rules on 24 April 2023 to combat pay discrimination and reduce the gender pay gap. According to the Pay Transparency Directive, companies in the EU should in future exchange information on how much they pay women and men for work of equal value and take action if their gender pay gap exceeds 5 per cent. EU member states now have up to 3 years to transpose the directive into national law. This will include more comprehensive disclosure of starting salaries and pay levels, increased reporting obligations for companies and improved access to legal measures for employees (more information on this: here). In Austria, corresponding legislation has not yet been passed. The employment rate for women is also still lower than for men (in 2022 70% compared to 78%, Statistics Austria: https://www.statistik.at/statistiken/arbeitsmarkt/erwerbstaetigkeit/erwerbstaetige-merkmale).  With regard to women with disabilities, it should be noted that they are not a specific target group of the Austrian labour market service. The status of ministerial work is still the 2017 inclusion package (see information on the website of the Ministry of Social Affairs: https://www.sozialministerium.at/Themen/Soziales/Menschen-mit-Behinderungen/Berufliche-Teilhabe-von-Menschen-mit-Behinderungen.html). Civil society considers this to be insufficient. No measures have been taken to prevent multiple and/or intersectional discrimination against women and girls with disabilities. There is still a lack of adequate consideration of the gender perspective in disability legislation, the disability perspective in women’s legislation and the related enforcement of laws. The Ombud for Equal Treatment (website:https://www.gleichbehandlungsanwaltschaft.gv.at), a state institution at the Federal Chancellery (BKA), is responsible for all grounds of discrimination except disability. However, women with disabilities must contact the Social Ministry Service (website: https://www.gleichbehandlungsanwaltschaft.gv.at) in the event of multiple discrimination and apply for conciliation. This conciliation procedure is mandatory and must be carried out before a lawsuit is filed with the civil court. The problem is that the Social Ministry Service has no specific expertise in dealing with women with disabilities and is not trained in a gender-equitable approach.  With regard to people of foreign origin, the employment rate is lower than for people born in Austria. Women from certain countries of origin are particularly affected (e.g. Turkey with a female employment rate of only 44%) and foreign origin is still a frequent reason for discrimination in the workplace (see Statistics Austria, „Labour market situation of migrants in Austria 2022“: https://www.statistik.at/fileadmin/publications/Arbeitsmarktsituation-Migrant-innen-2021.pdf). 

Progress: No progress

Grant asylum seekers effective access to the labour market during their asylum proceedings in order to ensure successful integration

Proponent:

Mozambique


Republic of Mozambique

Mozambique


Republic of Mozambique

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

In order to ensure successful integration, it is of great importance to grant asylum seekers effective access to the labour market during their asylum procedure. This requires adjustments to legislation and administrative procedures. The opportunity to work during the asylum procedure enables asylum seekers to utilise their skills, contribute to society and secure their livelihood. Such access promotes the independence and well-being of those affected. However, there is unequal treatment in terms of access to the labour market, especially in the basic welfare system. While Ukrainians have protection status and access to the labour market from the outset, asylum seekers and displaced persons from Ukraine must obtain an employment permit. This inequality is exacerbated by bureaucratic procedures and an additional income limit, which penalises some groups of people. It is emphasised that the current system of basic services is in urgent need of fundamental reform. All groups, regardless of their status, should have fair access to the labour market in order to promote integration.   A sensible care system should encourage, not hinder, income-earning opportunities through work to enable people to manage without support at an early stage. A fundamental reform of the current system is needed to ensure that no one is permanently denied effective access to the labour market. 

Progress: No progress

Seek to align its legislation and administrative procedures to allow asylum seekers effective access to the labor market during their asylum procedure

Proponent:

Serbia


Republic of Serbia

Serbia


Republic of Serbia

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

In order to ensure successful integration, it is of great importance to grant asylum seekers effective access to the labour market during their asylum procedure. This requires adjustments to legislation and administrative procedures. The opportunity to work during the asylum procedure enables asylum seekers to utilise their skills, contribute to society and secure their livelihood. Such access promotes the independence and well-being of those affected. However, there is unequal treatment in terms of access to the labour market, especially in the basic welfare system. While Ukrainians have protection status and access to the labour market from the outset, asylum seekers and displaced persons from Ukraine must obtain an employment permit. This inequality is exacerbated by bureaucratic procedures and an additional income limit, which penalises some groups of people. It is emphasised that the current system of basic services is in urgent need of fundamental reform. All groups, regardless of their status, should have fair access to the labour market in order to promote integration.   A sensible care system should encourage, not hinder, income-earning opportunities through work to enable people to manage without support at an early stage. A fundamental reform of the current system is needed to ensure that no one is permanently denied effective access to the labour market. 

Progress: No progress

Revise and harmonize its anti-discrimination laws and improve its anti-discrimination institutions and their efficiency and approachability to ensure effective protection against all forms of discrimination, including against persons with disabilities and children and young persons in the asylum procedure

Proponent:

Finland


Republic of Finland

Finland


Republic of Finland

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

In Austria, a number of different laws regulate protection against discrimination at state and federal level. This makes the enforcement of the law complex in some cases, protection is not standardised and – contrary to numerous calls in the UPR process and in numerous other monitoring processes on human rights conventions – there are significant gaps in protection: 1. in terms of access to goods and services in the private sector, federal law (which is applicable in the majority of all cases) only provides protection against discrimination on the basis of disability, ethnicity and gender – but not on the basis of age, religion and belief and sexual orientation. This fact has been criticised for years by numerous civil society organisations and equality actors as a lack of levelling up.
2) Furthermore, there is no comprehensive protection against discrimination based on all grounds of discrimination in the area of education.
3. there is also a lack of comprehensive protection against discrimination in a number of areas of social protection.
In addition, the law contains provisions on the reversal of the burden of proof, which makes it easier for the person affected to prove discrimination, as well as provisions for possible claims for damages and compensation (see Equal Treatment Act, GIBG Federal Law Gazette I No. 66/2004: https://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20003395&FassungVom=2022-02-10). The Introductory Act to the Administrative Procedure Acts (EGVG) provides a legal basis for dealing with racist refusal of admission in Austria. According to this law, both victims and witnesses of racist discrimination can report such incidents. Police officers are obliged to forward these reports to the competent district administrative authority. The procedure under the EGVG is free of charge for the person making the report. The reporting person or organisation, such as ZARA or the Litigation Association, are not informed of the outcome of the proceedings and have no direct party status. In addition, the EGVG does not provide for compensation for the person discriminated against. Instead, offenders can be fined up to 1,090 euros, an amount that has not been evaluated for years. In the event of repeated violations of the EGVG, the trade authority can theoretically withdraw the trade licence. ZARA supports those affected by discrimination through various measures, including letters of intervention to the establishments concerned, legal advice and referral to other legal bodies such as the Equal Treatment Ombudsman’s Office or the Litigation Association. The aim is to find an out-of-court solution or to take legal action to enforce the rights of victims of discrimination. These legal and supportive measures are crucial to strengthening protection against racial discrimination in Austria and dealing with cases of discrimination appropriately (see Racism Report 2022: https://assets.zara.or.at/media/rassismusreport/ZARA-Rassismus_Report_2022.pdf). Civil society calls on the German government to pursue a policy that prioritises the promotion of fundamental and human rights instead of restricting them. It emphasises that the expertise of civil society is indispensable for this task. Further information can be found in an open letter to the German government (see Open letter: https://archiv2022.asyl.at/de/info/news/offenerbriefandiebundesregierung/index.html). 

Progress: No progress

End the exacerbated increase in racism, hate speech, xenophobia, Islamophobia and racial violence against minorities, refugees and migrants

Proponent:

Venezuela


Bolivarian Republic of Venezuela

Venezuela


Bolivarian Republic of Venezuela

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

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). Austria should step up its efforts to combat discrimination and hate speech against ethnic minorities, immigrants and refugees. It is crucial to provide additional resources for the prosecution of hate crimes while strengthening prevention. This applies in particular to combating discrimination against Muslims, Roma, people of African descent, refugees and migrants. The promotion of awareness campaigns and cooperation with civil society organisations are important elements in promoting an inclusive and tolerant society.  There is a lack of political strategy, particularly with regard to anti-Muslim racism. Instead, measures are taken that lead to prejudgement of people perceived as Muslim. According to a study by the European Union Agency for Fundamental Rights (FRAU), many migrants reported everyday experiences of discrimination and xenophobia. Data from the organisation ZARA- Zivilcourage und Antirassismus Arbeit documented around 1,300 racist incidents in 2023, which represents a decrease compared to previous years, but still shows a high level (see Zara Racism Report 2023, Data and Analyses, page 10ff: https://assets.zara.or.at/media/rassismusreport/ZARA_RassismusReport_2023_DE.pdf).
Particularly alarming was an increase in active case reports of more than 100% compared to 2022, with the months of May, October, November and December standing out in particular. These increases correlated with national and global developments, including political events and media coverage of Muslim communities;In 2022, 1,080 right-wing extremist offences were registered in Austria, with a significant proportion of these offences motivated by xenophobia. These incidents include both physical violence and damage to property specifically targeting migrants (see statistics on the number of right-wing offences in Austria, 2023: https://de.statista.com/statistik/daten/studie/881250/umfrage/rechte-straftaten-in-oesterreich-nach-bereichen/). 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. The documentation of anti-Muslim attacks in Austria covers a variety of offences ranging from unequal treatment and insults to physical violence and vandalism. A particular focus was placed on online platforms, where a significant proportion of hate speech against Muslims is recorded, with the dissemination of hate comments accounting for the largest share at 87%. The attacks were documented in various categories of offences, including unequal treatment, insults, spreading hate, physical assaults and vandalism. Particular attention was also paid to online platforms, where the majority of hate speech against Muslims was recorded, with the spread of hate comments accounting for the largest share at 87%.The Documentation Centre Austria worked closely with various organisations, including the Initiative for a Non-Discriminatory Education System (IDB), the association ZARA – Zivilcourage & Anti-Rassismus-Arbeit and the Ombud for Equal Treatment (GAW), to document these cases and support measures against anti-Muslim racism (see Anti-Muslim Racism Report 2023: https://dokustelle.at/fileadmin/Dokuments/Reports/Report_2023/Dokustelle_OEsterreich_Report_2023_-_27.05.2024.pdf).  In 2021, funding for ethnic groups in Austria was significantly increased, with funding now totalling almost 8 million euros. New laws were also adopted to combat hate speech on the internet and violent hate crimes (ACFC/OP/V(2023)002, 5th Review Report of the Advisory Committee for the Framework Convention for the Protection of National Minorities of the Secretariat of the Framework Convention for the Protection of National Minorities of the Council of Europe: https://rm.coe.int/5th-op-austria-de-full-version/1680ace87b). Nevertheless, challenges remain, particularly in the area of minority language teaching and with regard to mutual respect and intercultural dialogue in society. In Austria, the Framework Convention is implemented and monitored by a dialogue platform in which government representatives, civil society organisations and experts from science and research work together. This dialogue process is crucial for compliance with the provisions of the Framework Convention for the Protection of National Minorities (further information on the website of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/themen/volksgruppen/roma-strategie.html).  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.  Austria has launched programmes and initiatives to promote tolerance and integration. Nevertheless, reports of discrimination and hate speech continue to emerge, suggesting that further action is needed to address these issues. There is a need for continuous monitoring and improvement to ensure that efforts to combat hate speech and discrimination are effective and that the communities affected are sufficiently protected. 

Progress: No progress

Take further steps towards effective access to education and apprenticeship opportunities for asylum seekers, including those who are no longer minors

Proponent:

Philippines


Republic of the Philippines

Philippines


Republic of the Philippines

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

In order to ensure, in line with international best practice, that the Criminal Code does not provide for penalties for defamation, the current section 111 of the Austrian Criminal Code needs to be reviewed. This paragraph makes it a criminal offence to publicly accuse someone of a contemptible quality or attitude in a way that is perceptible to third parties or to accuse someone of dishonourable conduct that is likely to disparage the person concerned in the public opinion. The penalty for such an offence may include a prison sentence of up to six months or a fine of up to 360 daily rates (see: oesterreich.gv.at/.syndication?pageId=f0ee9eb0-2af6-49a6-a86f-2f80eb3d37bc).   To meet international standards, a review and possible amendment of this paragraph may be necessary to ensure that it does not conflict with freedom of expression and adequately protects the rights of citizens. This could include adjusting the definition of defamation and the associated penalties to ensure a balanced and appropriate legal basis;

Progress: No progress

Review section 35 (2) of the asylum law, granting the right to family reunification without undue restrictions, in particular to unaccompanied minors

Proponent:

Uruguay


Republic of Eastern Uruguay

Uruguay


Republic of Eastern Uruguay

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

Section 35 (2) of the Asylum Act regulates family reunification for beneficiaries of subsidiary protection (see Asylum Act 2005, Federal Law Gazette I No. 56/2018 : https://www.ris.bka.gv.at/eli/bgbl/i/2005/100/P35/NOR40205456). According to a study from December 2016, there are further challenges in the area of family reunification (see the PDF from the European Migration Network on family reunification of third-country nationals in Austria: https://www.emn.at/wp-content/uploads/2017/02/Die-Familienzusammenfuehrung-von-Drittstaatsangeh%c3%b6rigen-in-%c3%96sterreich.pdf, page 35 ff). In contrast to persons entitled to asylum, a 3-year waiting period without any flexibility is required for persons entitled to subsidiary protection. This cannot be waived even by a decision of the authorities. In addition, there are the fundamental problems that exist with every family reunification under Austrian law: German language skills must be demonstrated at the time of application. And at least in the context of a prognosis decision, the authorities must be convinced of a secure livelihood and local housing for the family that will join them in the future. This legal situation remains unchanged.  In fact, there has been a larger number of family reunifications in recent years, although the publicly available statistical data does not allow a breakdown into family reunifications of persons entitled to asylum or subsidiary protection. The Red Cross ( https://www.roteskreuz.at/ich-brauche-hilfe/familienzusammenfuehrung) in particular provides support services and counselling for applications for family reunification;

Progress: No progress

Reinstate humanitarian admission programme

Proponent:

Sierra Leone


Republic of Sierra Leone

Sierra Leone


Republic of Sierra Leone

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

From 2013 to 2017, Austria participated in a resettlement programme for Syrian refugees in cooperation with the UNHCR. However, there is currently no such programme. Instead, three „humanitarian admission programmes“ for Syrian refugees were implemented between 2013 and 2017, which enabled the safe and legal entry of 1,900 refugees to Austria. However, there is no permanent resettlement programme and the decision to accept refugees is the responsibility of the Austrian government, which must be taken on a regular basis. No active resettlement programme has been carried out in Austria since the end of 2017.   The term „resettlement“ describes the permanent relocation of particularly vulnerable refugees to third countries with comprehensive refugee protection that are willing to accept them. This decision is taken in situations where a return to the country of origin is not foreseeable and often concerns refugees who have been living in countries of first refuge for many years. Resettlement programmes not only contribute to individual benefits, but also to international responsibility-sharing and to relieving the burden on countries of first refuge. However, the available resettlement places only cover a fraction of the need, which prompts the UNHCR to advocate for their expansion worldwide.   Current challenges such as armed conflicts, natural disasters and global food shortages are exacerbating the humanitarian situation, particularly in regions such as the Middle East, North Africa, sub-Saharan Africa, Afghanistan and Yemen. Despite Austria’s historical tradition of taking in and helping people, there is a lack of willingness to take in refugees today. Short-term reception operations in acute crisis situations are organised in cooperation between several countries in order to provide resources for the rescue of people. Austria has not yet participated in such actions (see questions and answers from SOS-Mitmenschen on the humanitarian reception programme in Austria: https://www.sosmitmensch.at/faq-humanitaere-aufnahme&ts=17053094652449). 

Progress: No progress

Reduce legal and administrative barriers to family reunification and effective access to the labor market for the beneficiaries of international protection

Proponent:

Afghanistan


Islamic Republic of Afghanistan

Afghanistan


Islamic Republic of Afghanistan

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

In order to ensure successful integration, it is of great importance to grant asylum seekers effective access to the labour market during their asylum procedure. This requires adjustments to legislation and administrative procedures. The opportunity to work during the asylum procedure enables asylum seekers to utilise their skills, contribute to society and secure their livelihood. Such access promotes the independence and well-being of those affected. However, there is unequal treatment in terms of access to the labour market, especially in the basic welfare system. While Ukrainians have protection status and access to the labour market from the outset, asylum seekers and displaced persons from Ukraine must obtain an employment permit. This inequality is exacerbated by bureaucratic procedures and an additional income limit, which penalises some groups of people. It is emphasised that the current system of basic services is in urgent need of fundamental reform. All groups, regardless of their status, should have fair access to the labour market in order to promote integration.   A sensible care system should encourage, not hinder, income-earning opportunities through work to enable people to manage without support at an early stage. A fundamental reform of the current system is needed to ensure that no one is permanently denied effective access to the labour market. 

Progress: No progress

Establish an efficient procedure for determining statelessness, and approve residence permits on the basis of statelessness

Proponent:

Mexico


United Mexican States

Mexico


United Mexican States

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

The challenges faced by stateless people in Austria extend to various aspects of their everyday lives. The lack of necessary documents leads to considerable restrictions: Working is often prohibited, opening a bank account, travelling or getting married are problematic. Many stateless people therefore live in a legal grey area.   In this context, UNHCR Austria has conducted a comprehensive survey on statelessness in Austria as part of its mandate. The main objective of this survey is to raise awareness of the problem of statelessness and to shed light on the daily challenges faced by stateless people. The results of this assessment serve as a basis for recommendations by the UNHCR to improve the situation of stateless people in Austria and to prevent the emergence of new cases of statelessness (see: https://www.unhcr.org/dach/at/was-wir-tun/staatenlosigkeit/staatenlosigkeit-in-oesterreich). The exact number of stateless people in Austria is difficult to determine, but according to Statistics Austria, around 12,000 people were listed as stateless or with unclear or unknown citizenship in 2016. A key problem that emerges from the study is the lack of a special procedure for determining statelessness in Austria. This means that those affected are often unable to assert basic rights derived from international agreements. As a result, stateless persons remain in a legally insecure situation, without access to work, health insurance or social benefits.   Special attention is also paid to stateless children born in Austria. In order to spare them a fate as stateless persons, the UNHCR recommends legal measures for the automatic acquisition of Austrian citizenship.   In addition, since 8 January 2024, Vienna has been the first Austrian federal state to set up a website to provide information for stateless people at the suggestion of SOS Mitmensch. Since this year, Municipal Department 35 (MA 35) has been providing information about the possibility of simplified naturalisation for stateless persons born in Austria. The aim of this initiative is to inform those affected about the short three-year window of opportunity available to them from the age of majority to obtain Austrian citizenship under simplified conditions. This measure is intended to ensure that affected persons do not miss this opportunity and can effectively exercise their rights. The further development of this initiative remains to be seen (see article: https://www.sosmitmensch.at/wien-startet-informationsoffensive-fuer-staatenlose). 

Progress: No progress

Create a new National Action Plan „Protection against Violence for Women“ which also considers women with disabilities, precarious residence permits, asylum seekers and women with mental illness

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 Apr 1, 2025):

With the National Action Plan for the Protection of Women against Violence 2014-2016, measures were taken throughout Austria to implement the requirements of the Istanbul Convention against Violence against Women (see National Action Plan 2014-2016 as PDF: https://www.bundeskanzleramt.gv.at/dam/jcr:1f95e551-0e17-4d67-8090-b7bced3f4947/nap.pdf). However, the National Action Plan has now expired without replacement. Despite the fact that Austria has ratified the Convention, there is a lack of implementation and improvement of further measures, including due diligence in victim protection and, in particular, improved cooperation with civil society.   In August 2023, the ACA published the report „Violence and Victim Protection for Women“, which identifies potential for the effective protection of women affected by violence. The ACA also highlights shortcomings in strategic planning and recommends a coordinated joint strategy between the federal ministries and the federal states (Gewalt- und Opferschutz für Frauen, BUND 2023/21: https://www.rechnungshof.gv.at/rh/home/home/2023_21_Gewalt_und_Opferschutz_Frauen.pdf). A National Action Plan for the Protection of Women against Violence 2014-2016 with 60 measures has been drawn up, but no further action plan is planned (National Action Plan for the Protection of Women against Violence 2014-2016 on the website of the National Coordination Centre for the Protection of Women against Violence: https://www.coordination-vaw.gv.at/koordinierung/nap.html).  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

Establish an independent residence title for women, independent of their husbands, within the framework of family reunification also in case of separation

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 Apr 1, 2025):

According to the current legal situation, it is often difficult for women to retain their residence permit independently of their spouse in the event of a separation, especially if there are no cases of particular hardship. However, there are already provisions in other EU countries, such as Germany, which guarantee a spouse affected by violence an independent right of residence even after separation if violence is involved. The need to make women’s right of residence independent of marriage is increasingly seen as important to prevent abuse and dependency in relationships. In addition, such a reform could help to make it easier for women from violent marriages to access protection and support without jeopardising their residence rights.  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

Abolish systematic restrictions on the freedom of asylum seekers that go beyond what is allowed against nationals

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 July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Give effective access to education and teaching for asylum seekers, including those who are no longer minors

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 order to ensure, in line with international best practice, that the Criminal Code does not provide for penalties for defamation, the current section 111 of the Austrian Criminal Code needs to be reviewed. This paragraph makes it a criminal offence to publicly accuse someone of a contemptible quality or attitude in a way that is perceptible to third parties or to accuse someone of dishonourable conduct that is likely to disparage the person concerned in the public opinion. The penalty for such an offence may include a prison sentence of up to six months or a fine of up to 360 daily rates (see: oesterreich.gv.at/.syndication?pageId=f0ee9eb0-2af6-49a6-a86f-2f80eb3d37bc).   To meet international standards, a review and possible amendment of this paragraph may be necessary to ensure that it does not conflict with freedom of expression and adequately protects the rights of citizens. This could include adjusting the definition of defamation and the associated penalties to ensure a balanced and appropriate legal basis;

Progress: No progress

Give access to the labour market for asylum seekers at the latest six months after the asylum application has been lodged, in order to enable them to make an independent contribution to financing their lives

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):

{Geflüchtete-Arbeitsmarkt}

Progress: No progress

Ensure complete decriminalisation of escape aid if it can be proved that illegal immigrants had reasons to flee in accordance with the Geneva Convention

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 July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

The care of unaccompanied minor foreigners must be guaranteed by child and youth welfare services from the first day of their arrival in Austria

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):

Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations.   In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament.   Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival.   The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody.   However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;

Progress: No progress

Unaccompanied and accompanied minor refugees must be placed on an equal footing with young people from Austria and the EU area

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):

Children and young people between the ages of 14 and 18 are largely on their own at the beginning of their asylum procedure.
In 2021, the Minister of Justice set up an independent „Child Welfare Commission“ to examine the compatibility of Austrian asylum and immigration law with children’s rights standards (see the report, recommendations and implementation of the Child Welfare Commission on the website of the Federal Ministry of Justice: <a
href=https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)>https://www.bmj.gv.at/themen/Fokusthemen/Kindeswohlkommission.html)). The report presented in July 2021 revealed far-reaching deficits in the material examination of the best interests of the child in asylum proceedings, in the organisation of proceedings (e.g. participation of children) and in ensuring custody when it comes to unaccompanied refugee children and the basic care of children and their families. Since then, training and internal organisational improvement measures have taken place within the BVwG; the Ministry of the Interior/BFA is not aware of any further feedback on the implementation of the recommendations.   In the area of UMF, the Federal Ministry of Justice (BMJ) has already presented a draft for a nationwide standardised custody regulation for unaccompanied refugee children (including through an amendment to the General Civil Code). With this regulation, the responsible KJH is to be entrusted with custody by law (ex lege) immediately after an unaccompanied refugee child is apprehended. However, this new provision has not yet been adopted by parliament.   Following reports of suspected assaults or sexualised violence and exploitation of children in nurseries, schools, sport and film in 2022/23, the federal government decided on a package of measures against violence against children in January 2023; in particular, all institutions are to submit child protection concepts for prevention and victim protection. However, there is no uniformly binding legal framework for this. In March 2023, the Network for Children’s Rights drew up a comprehensive „Corona Special Report“ on the far-reaching consequences of the COVID-19 pandemic, with the support of the Ministry of Social Affairs. Since then, training and internal organisational improvement measures have taken place within the Federal Administrative Court (BVwG); no further feedback on the implementation of the recommendations is known from the Ministry of the Interior/Federal Office for Immigration and Asylum. In 2022, a report was published by the UN Committee on the Rights of the Child, the UN High Commissioner for Refugees (UNHCR), the UN Organisation for Migration (IOM) and the UN Children’s Fund (UNICEF) called on the Austrian Federal Government to improve protection measures for unaccompanied children and adolescents. In particular, it is crucial to ensure care from day 1 (see: <a href=https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf
>https://archiv2022.asyl.at/files/366/03-20200225_obsorge_unhcriomunicef.pdf). Unaccompanied children and adolescents should have guardians at their side immediately after their arrival in Austria to ensure that the best interests of the child are taken into account in all measures and decisions. The goal must be guardianship from day 1, as recommended by the UN Committee on the Rights of the Child and set out in the government programme. Children and young people between the ages of 14 and 18 who come to Austria without parents or other legal guardians generally receive no support during police interviews or when decisions are made regarding an asylum application. Child and youth welfare services (KJH) only come into action once these children and young people have been admitted to the asylum procedure and transferred to a basic care centre in a federal province. This can take several weeks or months, during which the young people are exposed to particular dangers. A swift appointment of qualified guardians whom the children can trust can significantly reduce the risk of disappearance or child trafficking shortly after their arrival.   The care situation is more positive for unaccompanied children under the age of 14. Child and youth welfare services are usually active immediately after arrival in Austria and provide care and support in child and youth welfare centres, accompany the children and young people to all official appointments and apply for custody.   However, this differentiation by age group is contrary to the UN Convention on the Rights of the Child. It is therefore of great importance that every child, regardless of legal status and age, is treated first and foremost as a child and receives the same protection and the best possible support;

Progress: No progress

Establish a mechanism to ensure the identification of vulnerable persons in asylum and return procedures

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

Progress: No progress

Train officials and judges involved in asylum procedures for the identification of vulnerable persons in cooperation with specialised civil society organisations

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

Progress: No progress

Better consider the impact of trauma on asylum-seekers in asylum procedure communication

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 July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Carry out regular external evaluation of the accommodation arrangements in asylum-seekers‘ reception centres

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 July 2021, the „Counter-Terrorism Package“ was passed, with concerns raised by civil society organisations and UN experts that the paragraph on „religiously motivated extremist links“ could stigmatise Muslims (see Counter-Terrorism Act – TeBG (849 d.B.): https://www.parlament.gv.at/gegenstand/XXVII/I/849).   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 disappeared 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;

Progress: No progress

Ensure independent legal advice for asylum-seekers and, if necessary, cover the costs of advice from professional legal advisers or civil society organisations

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):

{Geflüchtete-Rechtsberatung-BBU}

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