Rede von Außenminister Michael Spindelegger anlässlich der 10. Sitzung der Arbeitsgruppe des Universal Periodic Review in Genf (Englisch)
UN Human Rights Council
Working Group on the Universal Periodic Review
10th Session
Review of Austria
Geneva, 26 January 2010
Opening Statement by
H.E. Mr. Michael Spindelegger,
Minister of European and International Affairs
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Mr. President,
Excellencies,
Ladies and Gentlemen,
I am grateful for this opportunity to engage with the world’s central
human rights body in this unique peer review and I thank you for your
kind welcoming. At the outset, let me reaffirm with full conviction what I
have said on other occasions: The support of human rights is a core
concern to the Austrian Government.
Austria has a long-standing record of active engagement not only to
ensure the protection of human rights at the national level, but also to
advance the international system for the promotion and protection of
human rights at the UN and at regional organisations such as the
Council of Europe, the OSCE and the European Union.
Austria’s international human rights engagement has always been
guided by a spirit of cooperation and dialogue. Dialogue and
partnerships are crucial for turning the promises of the Universal
Declaration of Human Rights into reality for all people around the globe.
Austria has consistently worked with all actors towards this goal.
As non-permanent member of the UN Security Council in 2009 and
2010, Austria continuously and actively advocated the advancement of
human rights, the adherence to the rule of law, the protection of civilians
in armed conflict and the promotion of the contribution of women as a
measure to preserve peace and security.
Mr. President,
Austria’s international engagement on human rights is based on a firm
commitment to ensure full respect of human rights domestically. Austria
has acceded to all major international human rights treaties and has
extended a standing invitation to all Special Procedures’ Mandate
holders and regularly presents her periodic reports before the various
treaty bodies.
Preparing our National Report has given us an opportunity to assess the
situation of human rights. It was prepared by the Human Rights
Coordinators of all federal Ministries and of the Governments of the
federal regions. It involved an intensive dialogue with civil society –
including workshops with all major NGOs. It became clear to us that it
must be our goal to work for constant improvements and clearly to avoid
complacency. The compilation of the reports of treaty bodies and special
procedures as well as the Summary of stakeholder’s submissions were a
valuable tool in this process, I would like to thank the Office of the High
Commissioner for Human Rights for their preparation.
As I have said before, the full realization of human rights is by definition
an ongoing challenge and process. Civil society with its high
expectations has an important function. Their criticism is crucial in
pushing governments forward. I am convinced that our close and
transparent engagement with civil society across Austria has lent
additional credibility to the report I am presenting to you today. We learnt
a lot in this preparation. But we will not stop there and will try to make
things better, where necessary. It is the Austrian Government’s intention
to continue this fruitful dialogue with civil society in the follow-up to this
review. In fact, a follow-up meeting with NGO representatives concerning
the UPR process is already scheduled to take place in February in
Vienna.
Allow me to take this occasion to extend a warm welcome to the
representatives of Austrian NGOs, who made the huge effort to travel to
Geneva, and also of international human rights NGOs who are present in
this room. Their role and contribution is indeed crucial, for all of us.
Mr. President,
Austria is currently a candidate for membership of the UN Human Rights
Council for the period beginning in June 2011. On the basis of the
voluntary pledges and commitments made by Austria in the context of
this candidacy, it was possible to achieve notable progress in their
implementation. In this regard, I would like to highlight in particular that
the Austrian Parliament adopted just a few days ago the incorporation of
children’s rights into Austria’s constitution.
Considerable progress could also be made with regard to the ratification
of the Optional Protocol to the Convention against Torture and in this
context the creation of a national prevention mechanism, which will be
incorporated into the Austrian Ombudsman Board. This will expand the
already existing Human Rights Advisory Board. I would like to seize this
opportunity to underline my particular satisfaction welcoming
Mrs. Teresia Stoisits, Member of the Austrian Ombudsman Board, as
member of this delegation here in this room. In addition, Austria will soon
deposit the ratification document for the Council of Europe Convention
on the Protection of children against sexual exploitation and sexual
abuse.
Equally on the way is the introduction of separate definitions of torture in
the Austrian Penal Code. We also started the ratification process of the
Convention on Enforced and Involuntary Disappearances, and
accordingly the inclusion of enforced disappearances as a criminal
offense in the Austrian Penal Code. Finally the Austrian Parliament will
discuss this spring the approval of the ratification of the UNESCO
Convention against Discrimination in Education .
Mr. President,
I would not like to conclude these introductory remarks without taking the
opportunity to thank the delegations of the Czech Republic, Denmark,
Germany, the Netherlands, Finland, Sweden, Switzerland, the United
Kingdom, Slovenia, Norway and Namibia who have sent a number of
written questions in advance. Some of the questions I have already
referred to as they coincide with our pledges and commitments. In
addition, I would like to inform you as follows:
Racism, xenophobia and intolerance on grounds of ethnic origin, gender,
age, sexual orientation or religion – to name but one of the major human
rights challenges that we face in our globalised world – concern all of us
and need a comprehensive approach. Austria is aware of its specific
historical responsibility and is committed to the fight against xenophobia,
anti-Semitism, discrimination against Muslims and all other forms of
racism and intolerance. The State Report refers to the Austrian
government’s efforts to overcome certain gaps between the wellestablished
anti-discrimination legislation and its implementation.
While we have achieved some progress in this field, as found by the
European Commission on Racism and Intolerance last year, we are fully
aware that we have to do more. We cannot overlook the fact that
societal tensions, prejudices against migrants and asylum-seeker are on
the rise. In our current government programme, we have committed
ourselves to a series of measures to enhance the protection against
racism and discrimination, including a commitment to the implementation
of the EU Framework Decision against Racism and Xenophobia as well
as the recommendations of the UN-Committee on the Elimination of
Discrimination. The experts’ recommendations are an important basis for
our next steps.
More concretely, in response to the questions by the Netherlands,
Finland, Sweden and the Czech Republic concerning racism,
xenophobia and intolerance, Austria applies a two-fold approach in
combating this human rights challenge – a high standard of protection
against racism and the effective prevention of racism. We have tightened
up our anti-discrimination laws in recent years. The Equal Treatment
Commission, the Ombud for Equal Treatment and the relevant bodies in
the provinces provide for protection against discrimination in employment
and access to goods and services. Our tools to pursue and prosecute
hate crimes and racial discrimination are comprehensive and effectively
applied. We strive towards prompt and thorough investigations to ensure
an effective implementation of our laws combating racial discrimination
and hate crimes. Sanctions for all forms of discrimination have
continuously been extended and are being applied consistently by
Austrian courts. This includes also compensation for material and
immaterial damage. These efforts have contributed to an ever increasing
awareness and public sensitivity about discrimination issues.
As regards the questions by several delegations on independent
investigations of alleged abuses by law-enforcement officials, I would like
to emphasise that Austria has a strict “zero tolerance” policy towards all
forms of discrimination and ill-treatment. An independent body, the
Federal Anti-Corruption Bureau, was established in January 2010 to
examine alleged ill-treatment by law enforcement officials. Criminal
police and public prosecutor are obliged to investigate any suspicion of
ill-treatment by law.
On the preventive side, we are working towards reinforcing a tolerant
and open social climate which remains the best method to combat
racism at its roots. We are fully aware, we have to do our homework,
particulary by following an inclusive approrach and by integrating all
people living in Austria. The National Action Plan on Integration, adopted
in January 2010, is another tool to support this policy. Based on
comprehensive social studies, we have identified different areas of action
and concrete measures. The areas include language, education,
employment, rule of law, social services and health, intercultural dialogue,
leisure and sports, housing and the regional dimension. An
expert commission including civil society organisations was set up within
the competent ministry and will closely follow up on the implementation
of the Action Plan.
To ensure the protection of migrants’ human rights, Austrian immigration
legislation provides them with the possibility to use the full spectrum of
legal instruments and appeal procedures – including appeals to the
Constitutional and Administrative Courts and access to effective remedy.
Austria has also enhanced human rights training for justice and law
enforcement sector.
In response to the questions of Slovenia concerning the Slovenian
minority in Austria I would like to reiterate our commitment to further
advance the protection and promotion of the rights of the Slovenian and
the other five autochthonous national minorities in Austria. The
educational, socio-economic and legal situation of minorities in Austria is
presently reviewed by different expert groups with all relevant
stakeholders. Our aim is to amend and adapt the National Minority Act.
We hope to finish by next year. The ongoing reform envisages to
reinforce the Advisory Councils. Concerning the bilingual topographical
signs in Carinthia, I would like to underline the Government’s
commitment to fully implement Austria’s obligations under the State
Treaty of 1955. Constructive negotiations are being held between all
parties involved. We are optimistic that by next year we will find a
sustainable solution soon.
Gender equality, including in the labour market, is another major issue
which we are addressing in our State Report – and was also the subject
of a question of the United Kingdom. Despite existing legislation we have
still not been able to fully close the income gap between men and
women. We believe that the gap is mainly due to structural inequalities
such as segregation in work sectors and have therefore taken measures
to end these inequalities. After a National Action Plan was presented in
June 2010, the Law on Equal Treatment is currently being revised in
Parliament to ensure greater transparency with regard to incomes in the
private sector. In addition, 50% of the national budget for labour market
policy is being spent on specific programmes to improve women’s
chances on the labour market amongst others through capacity building
and training.
As to the Swiss and UK questions about domestic violence, victims of
domestic violence receive free legal and psychosocial support to
guarantee their rights in criminal procedures. Domestic violence cases
are covered by prosecutors with special training. Victims can also rely on
a well-established system of crisis intervention centres in all provinces,
21 state-financed women’s shelters with 750 places and a 24-hour
hotline. The revised Violence Protection Law of 2009 has furthermore
introduced new and stricter sanctions for continuous violence.
Migrant women, who have come to Austria on the basis of family
reunification, are in a particularly vulnerable position in case of domestic
violence. Austrian legislation therefore provides for the possibility of
granting them a separate residence permit to protect them from further
violence.
Mr. President,
I will provide answers on additional issues raised in the written questions
in the following rounds of reply. I am looking forward to
additional questions by all delegations and to the recommendations, of
which we certainly hope to accept as many as possible. We are here to
listen, to learn and to inform.
I thank you and look forward to our discussion.
