COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION STARTS CONSIDERATION OF REPORT OF AUSTRIA

AFTERNOON

HR/CERD/99/3
1 March 1999







The Committee on the Elimination of Racial Discrimination this afternoon started its consideration of the report of Austria on how that country was implementing the provisions of the Convention on the Elimination of All Forms of Racial Discrimination.

Harald Dossi of the Federal Chancellery of Austria presented his country's report, saying that a special Federal Constitution Act against racial discrimination prohibited Parliament from passing laws with racially discriminatory contents. It also prohibited the Administration from exercising racial discrimination on a general or individual basis, and offered everyone the opportunity to challenge laws, orders or specific administrative decisions before the Constitutional Court by claiming that they contained racially discriminatory language.

The Austrian delegation was also made up of Harald Kreid, Permanent Representative of Austria to the United Nations Office and other international organizations at Geneva, and representatives of the Ministries of Interior, Justice and Foreign Affairs.

Peter Nobel, the Committee expert who served as rapporteur to the report, said he had great problems with the entire immigration policy of the European Union countries, including Austria. He said there was free movement for anyone inside but closed gates for the rest of the people coming from Africa, Asia and Latin America. That was really a vision of "we" and "them" and he said he was afraid that contained more than a trend towards racism. He said his remarks were not directed specifically at Austria but at all Western European countries.

Also taking part in the discussion were the following Committee members: Theodoor van Boven, Luis Valencia Rodriguez, Ivan Garvalov, Michael Parker Banton, Régis de Gouttes, Ion Diaconu, Yuri Rechetov, Mario Jorge Yutzis and Mahmoud Aboul-Nasr.

As one of the 153 States parties to the Convention, Austria must submit periodic reports to the Committee on how it was implementing the provisions of the instrument.

When the Committee meets at 10 a.m. on Tuesday, 2 March, it will continue its consideration of the Austrian report.

Report of Austria

The thirteenth periodic report of Austria (document CERD/C/319/Add.5) says that the fight against racism and xenophobia and the protection of minorities are prime objectives of Austrian policy-making. The country is still prepared to grant political asylum to persons suffering from political persecution. Austria has, in numerous international organizations including the Council of Europe, the United Nations and the European Union, adopted all appropriate measures which may help to combat racism.

The report says that the system of apartheid has repeatedly been condemned by Austria and that it does not exist in the country. The ban on racial discrimination which is contained in the Federal Constitution Act which implements the Convention covers the entire range of public life and institutions, including judicial courts and administrative authorities. Any propaganda related to racial discrimination is a punishable offense. Any damage resulting from a racist act by an administrative authority or court may be challenged by a claim for indemnification against the State.

The report states that the campaign against anti-Semitism, which was launched in 1955, has been particularly active for 40 years, with a programme of penal discussion meetings and teacher training seminars. The report says that in Austria, there are six ethnic groups, namely Croats, Slovenes, Hungarians, Czechs, Slovaks and Roma. Everyone is free to declare one's affiliation with an ethnic group. The law expressly states that no one belonging to an ethnic group must be put at a disadvantage as a result of the assertion or non-assertion of their rights as members of that ethnic group.


Introduction of Report

HARALD DOSSI of the Federal Chancellery of Austria said that a special Federal Constitution Act against racial discrimination prohibited Parliament from passing laws with racially discriminatory contents. It also prohibited the Administration from exercising racial discrimination on a general or individual basis, and offered everyone the opportunity to challenge laws, orders or specific administrative decisions before the Constitutional Court by claiming that they contained racially discriminatory language.

With regard to the 1997 Aliens Act, Mr. Dossi said that special regulations designed to promote integration were adopted. The aim of the Austrian integration assistance policy was to ensure the participation of foreigners in Austrian economic, cultural and social life and to provide equal opportunities for aliens in those areas. However, Austrian policy gave priority to the integration of aliens already in the country over accepting new arrivals, he noted.

Mr. Dossi also said that the new law allowed the resettlement of persons in Austria on family grounds. In addition, persons seeking access to employment also had the possibility to reside in Austria with a valid work permit.

Discussion of Report

PETER NOBEL, the Committee expert serving as country rapporteur to the report of Austria, recalled that during the Committee’s previous review of the situation in Austria, it had been disturbed to learn that in Austria, like elsewhere in Europe, racism, xenophobia and anti-Semitism seemed to be increasing. The Committee had also noted that no case of racial discrimination had yet been taken to the Mediation Service or been decided upon by an Austrian court.

Mr. Nobel said that he had great problems with the entire immigration policy of the European Union countries, including Austria. There was free movement for anyone inside but closed gates for the rest of the people coming from Africa, Asia and Latin America. That was really a vision of "we" and "them" and he said he was afraid that contained more than a trend towards racism. He noted that his remarks were not directed specifically at Austria but at all Western European countries. How was an immigration policy which did not foster xenophobia shaped, he asked.

Mr. Nobel recalled that last summer, during its presidency of the European Union, Austria had presented a far-reaching proposal towards restricting not only European asylum practices but the basic principles of the 1951 Refugee Convention itself.

The expert further said that there were reports in the press and from non-governmental organizations (NGOs) about criminal attacks as well as excessive use of force by police, particularly against Chinese and other Asians, black people and Roma.

Other members of the Committee also made remarks on the report and put questions to the Austrian officials. Concerning the situation of the Roma population in Austria, a question was asked if there was any residential segregation of Roma, either of their own volition or because of hostility from other sections of the population. Did a Roma person who wished to live in a non-Roma neighbourhood encounter difficulties?

An expert said that Austria was the only country in the European Union in which employees were excluded from rights of representation at company level on the grounds of nationality, and specially from the right to be elected to a works council. Did someone who believed that he or she had been unfairly dismissed from employment have a remedy under labour law or through a civil suit?

Responding to questions raised by Committee members, the Austrian delegation said that the number of foreigners living in Austria was among the highest in Europe. The number had increased from 150,000 in 1989 to roughly 700,000 foreigners today. Foreigners could enter Austria as guest workers provided they had a guaranteed possibility of holding a post. The new law for foreigners had also enabled relatives to join their families already living in Austria. Entry visas could be granted to persons who could provide guarantees for their accommodations during their stay in the country.

Concerning police conduct, the delegation said that the Ministry of the Interior had already issued regulations governing the conduct of police. Any member of the police who was found guilty of misconducting himself had severe disciplinary measures applied against him which went as far as dismissal from service. The Government was also engaged in the promotion of awareness in racial relations.