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H. The International Protection of Human Rights
Promoting the implementation of international human rights standards on a global scale
continued to be one of the central aspects of Austrian foreign policy in 2001. The main
emphasis lay on abolishing the death penalty, protecting minorities, eliminating trafficking
in persons, effectively counteracting racism and xenophobia, the rights of women and
children, the situation of internally displaced persons, enhancing human security through
human rights education, and promoting democratisation and good governance. Austria
took important initiatives in international organizations such as the United Nations, the
Council of Europe and the OSCE, as well as in bilateral political dialogues with
governments. Austria also supported the strengthening of civil society, and made financial
contributions to a number of domestic and international non-governmental organisations
to this end.
The European Union
One of the goals of the EU Common Foreign and Security Policy (CFSP) is the
development and consolidation of democracy, the rule of law, human rights and
fundamental freedoms. The development cooperation policy of the European
Community also contributes to this goal. Austria participates actively in the relevant
Council working groups and the Committee for Human Rights and Democratisation. In
June 2001 the General Affairs Council adopted Conclusions on Human Rights and
Democratisation in Third Countries. As a first step towards implementation of these
conclusions, in December 2001 it approved guidelines for human rights dialogues, in the
drafting of which Austria took an active part.
Given her high human rights profile, Austria has always stressed that human rights must
be reflected in the Union's agreements with third countries. By the end of 2001 the EU
had concluded treaties containing human rights clauses with 120 states. Austria has
always argued strongly in favour of the inclusion of such clauses, particularly in the
Partnership Agreement with the countries of the African, Caribbean and Pacific group
(Cotonou Agreement).
On 31 May the Development Council adopted Conclusions on Election Assistance and
Observation containing procedures and mechanisms for coherent EU action in this field.
In 2001 Austria took part in EU election observation missions in East Timor, Sri Lanka,
Bangladesh, Nicaragua and Zambia, and participated actively in the setting up of an EUwide
system of training for election observers.
The third EU Annual Report on Human Rights was produced in implementation of the
1998 Vienna Declaration. Compiled jointly by all EU partners, it provides comprehensive
information on EU policy on human rights and democratisation. In November 2001 the
third EU Human Rights Forum provided an opportunity for an exchange of opinions and
experience between member states, EU institutions, NGOs and civil society. Austria was
invited to submit a report to a working group on the instruments for implementing human
rights policy.
Austria and the other EU member countries have declared the worldwide abolition of the
death penalty to be one of the priorities of their human rights policies, and have adopted
guidelines for dealing with third states in this connection. The EU appealed to a number of
states to abolish or at least declare a moratorium on the death penalty, and in any event
not to carry them out on youths, pregnant women, mothers of newly-born children or the
mentally handicapped. The Union filed amicus curiae briefs in a number of US court
proceedings in order to underline its position. In April the EU also adopted guidelines on
dealing with third countries on the subject of torture. The Union also actively participated
in the drafting of an additional protocol to the UN Convention Against Torture and other
Cruel, Inhuman or Degrading Treatments which provides for a global preventive system of
visits to locations where persons are detained.
The European Union maintains a structured dialogue on human rights with the People's
Republic of China. The EU Troika met with representatives of the Chinese government
in February and October. Since 2000 the dialogue is subject to continuous evaluation; the
results of this evaluation were published as Council conclusions. The EU also organised
judicial seminars with the inclusion of academic experts and representatives of civil
society. Several Austrian specialists participated in these events, which continue the
series inaugurated in 1998 under the Austrian EU presidency.
The Stability Pact for South Eastern Europe that was inaugurated in 1999 on EU
initiative remained an effective process for democratising the region as well as creating
internal and external security. Austria played an active part in the working table on
democratisation and human rights, especially as regards minority rights, and financed
several projects on the media, the Roma and Sinti minorities, and the situation of women.
Austria again headed the task force on education and youth. The extended Graz Process
continued with the accent on "European democratic citizenship", human rights education,
political education and history, as well as support for the development of educational
reforms and regional programmes of occupational training.
The United Nations
The 1993 World Conference on Human Rights in Vienna provided the impulse for
strengthening the operational capacities of the United Nations in this field. Since then, the
implementation of international human rights standards has increasingly been enhanced
by field activities of the UN High Commissioner for Human Rights and by the
integration of human rights into the mandates of field operations conducted by
international organisations. Austria supports in particular strategies aimed at enhancing
human security, prevention of displacements, and the reintegration of refugees and
displaced persons into society. The development of local human rights structures like a
functioning police and judicial system, and human rights education, are all essential
instruments, not only for the promotion of human rights, but also for the prevention of
conflicts and the consolidation of peace. Austria also supports the principle that human
rights are universal, indivisible and interdependent, and advocates their mainstreaming in
all aspects of UN activities and programmes.
The World Conference Against Racism in Durban, South Africa, was the most
important UN gathering on human rights in 2001. After difficult negotiations, in particular
regarding the wrongs of the past and the Middle East question, a declaration and
programme of action were adopted. Austria together with her partners in the European
Union advocated action-oriented and forward looking measures that would constitute an
effective tool in countering current forms of racism, rather than focussing at the wrongs of
the past. Moreover, Austria spoke up against any trivialisation of anti-Semitism and
proposed that every state must take moral responsibility for historical injustice. From the
Austrian point of view positive results of the World Conference included provisions on
minority protection, on the situation of internally displaced persons, on human rights
education and on data protection in information gathering.
In recognition of her active role in promoting and protecting human rights Austria was
again elected in May 2001 into the UN Commission on Human Rights for a period of
three years. Later in the year, Austria nominated Ambassador (retired) Kurt Herndl for
membership of the UN Committee on the Elimination of Racial Discrimination
(successful election in January 2002).
The 57th session of the UN Commission on Human Rights proved to be difficult, with
a further escalation of the North-South divide on human rights issues. Several initiatives
attempted to weaken human rights standards or their enforcement procedures. The EU
was by and large successful in defending the progress achieved in previous sessions,
and played a leading role in introducing and negotiating resolutions on individual country
situations as well as on a number of thematic issues. Austria introduced her traditional
resolutions on minorities and on internally displaced persons, both of which were adopted
without a vote.
The debates in the 3rd committee of the 56th session of the UN General Assembly were
less controversial than in previous years, not least due to the shock caused by the
terrorist attacks on September 11. Consequently, the resolution sharply condemning the
violations of human rights in Afghanistan, above all by the Taliban regime, received
particular attention and was adopted without a vote. There was no consensus on a
resolution on human rights and terrorism as western and other countries could not accept
the definition of terrorism as a human rights violation; in their view terrorists and their
organisations are not subjects of international law and therefore their acts are punishable
under criminal law. Around 40 resolutions on human rights themes were adopted, with
few exceptions without a vote. Austria represented the EU presidency in the negotiations
on strengthening international cooperation on human rights questions. Austria's own
resolutions, on minorities and on human rights in the administration of justice, with a high
number of co-sponsors, were adopted without a vote.
The Organisation for Security and Cooperation in Europe (OSCE)
The close connection between human security and the protection of human rights was a
main theme of the work of the OSCE in 2001. The OSCE Human Dimension
Implementation Meeting in September was overshadowed by the terrorist attacks in the
US the previous week. The question of OSCE measures against terroris m therefore
dominated the meeting. Austria coordinated the EU contribution to the discussions on
minorities. Supplementary Human Dimension meetings dealt with the new threats to
freedom of opinion, the problems of human rights defenders, and measures to promote
tolerance and non-discrimination. Austria advocated the establishment of a contact point
for matters concerning refugees and internally displaced persons, and continued her
efforts to have the rights of children, especially those affected by armed conflicts, restored
as an issue within the OSCE.
The Council of Europe (CoE)
The CoE human rights system rests on the basis of the European Convention on the
Protection of Human Rights and Fundamental Freedoms, and on the activities of the
European Court of Human Rights in Strasbourg. The increase in membership of the
CoE and the Convention to 41 states each by the end of 2001 led to an enormous
increase in cases brought before the Court, from 4,044 in 1988 to around 35,000 in 2001.
At the end of the year some 400 individual applications against Austria were under
consideration. In view of this escalating workload a special reflection group was set up to
consider ways of ensuring the Court's continuing efficiency. Austria supports these efforts
towards reform, but insists that they should not diminish the right of individuals to direct
access to the Court. The new Austrian judge in the Court, Elisabeth Steiner, took up her
duties in November 2001.
Up to October 2001 the Austrian Permanent Representative to the Council of Europe
chaired the Rapporteur Group on Human Rights, which also prepares recommendations
by the Committee of Ministers on the implementation of the Framework Convention on
the Protection of National Minorities.
In June a special meeting of the presidents of parliaments of member states was called in
Strasbourg to consider the total abolition of the death penalty. To this end, a 13th
additional protocol to the European Convention on Human Rights was under preparation,
since the existing 6th protocol allows for exceptions in times of war and emergency.
The European Commissioner for Human Rights continued his far-reaching information
and advisory activities, including visits to Russia (Chechnya), Georgia and other countries
as well as the organisation of seminars. Three experts from the Council of Europe were
seconded to the office of the Russian human rights representative for Chechnya.
The Human Security Network
The Human Security Network was set up in 1998 on Canadian and Norwegian initiative.
Its membership consists of the foreign ministers of 12 states: Austria, Canada, Chile,
Greece, Ireland, Jordan, Mali, the Netherlands, Norway, Switzerland, Slovenia and
Thailand. South Africa participates as an observer at official level. Annual ministerial
meetings were held in Norway (1999), Switzerland (2000) and Jordan (2001), with other
meetings on the occasion of the UN General Assembly. The importance the UN attaches
to this initiative was demonstrated by the participation of the Deputy Secretary-General
and other high-ranking UN officials. The ministerial meeting in Petra (Jordan) in May
2001, preceded by think-tank meetings in Geneva and New York, centred on the
relationship between human security and human development. Joint declarations were
issued on human security in the Middle East, the UN summit on children, and on small
arms. The chairmanship of the Network is held by Chile in 2002 and by Austria in 2003.
The annual ministerial meeting in May 2003 will be held in Graz with an emphasis on
human rights education.
The Rights of Women
An important women's rights issue in 2001 was the situation of women in Afghanistan,
something that was emphasised by Austrian Minister for Foreign Affairs Benita Ferrero-
Waldner in her address to the UN General Assembly. Austria proposed concrete
measures to provide Afghan women with the education and training necessary to enable
them to play a direct part in the rebuilding of their country. A meeting called by Austria, of
all the female foreign ministers present at the UN General Assembly issued a joint
declaration on "Women and Human Security", and called upon the Secretary-General to
have regard to it in the course of UN operations in Afghanistan. In drafting texts of
resolutions Austria stressed the necessity of full participation by women in all political
decision making processes. Austria's development cooperation programme in 2001
supported projects in Pakistan, Somalia, Sierra Leone and elsewhere with relevance to
the participation of women in the democratic processes, and which provide support for
women in civil society. The implementation of relevant international instruments that were
initiated during the Austrian presidency of the EU in 1998, and the Austrian chairmanship
of the OSCE in 2000, contin ued during 2001.
The Rights of the Child
The 1989 Convention on the Rights of the Child has been ratified almost universally. In
2001 Austria completed the ratification of the Optional Protocol to the Convention on
Children Affected by Armed Conflict, which sets a minimum age of 18 for active
military service. Austria also approved the increase in the membership of the UN
Committee on the Rights of the Child from 10 to 18, a measure that facilitates a more
efficient monitoring of the Convention. Austria signed the Optional Protocol to the
Convention on Trafficking in Children, Child Prostitution and Child Pornography in
2000; the process of ratification is under way. Further progress in this area was achieved
at the Second World Congress Against the Commercial Sexual Exploitation of
Children, held in December 2001 in Yokohama, where Austria referred inter alia to the
Vienna international congress in 1999 on Combating Child Pornography on the Internet
and presented her measures against the commercialisation of child abuse through sex
tourism. Austria has a concrete action plan against child abuse and child pornography in
the Internet, and since the autumn of 2001 has been involved in drafting corresponding
measures at the level of the European Union. In November 2001 Austria signed the
Council of Europe's Cyber Crime Convention, which contains specific provisions on
child pornography.
The Special Session of the UN General Assembly on Children that was due to be held in
September 2001 was postponed till May 2002 after the terrorist attacks in New York on
September 11.
Combating Racism
Another of Austria's foreign policy priorities is the fight against racism, xenophobia, anti-
Semitism and intolerance. At international level Austria played an active part in the
preparations for and during the UN World Conference Against Racism held in Durban
in September.
The Austrian Parliament approved the headquarters' agreement with the European
Monitoring Centre on Racism and Xenophobia, a European Union institution located in
Vienna since 2000, which enjoys financial and substantive support from Austria. The
Centre's function is to provide the Union and its member states with objective and
comparable information on racist, xenophobic and anti-Semitic phenomena at European
level. In 2001 it established a regional information network (RAXEN) for the use of its
national cooperation partners, predominantly NGOs and research institutes. After
September 11 it reported periodically on the reactions in the EU member countries to the
terrorist attacks in the United States.
Human Rights Education
Human rights education is another of Austria's priority themes. At the third ministerial
meeting of the Human Security Network in Jordan during May 2001, Austrian Minister for
Foreign Affairs Benita Ferrero-Waldner invited the ministers to a meeting in Graz in May
2003, to be dedicated to human rights education. Regional human rights education
centres are to be involved in the preparations. At that meeting in Graz it is intended to
further explore the impact of human rights education on the mutual relationship between
human security, human development and good governance.
The Protection of Minorities
Ethnic tensions are still among the principal causes of conflicts all over the world. Austria
thus regards the protection of minorities as a central aspect of her foreign and human
rights policy. Austria has initiated the relevant resolutions at the United Nations
Commission on Human Rights and the General Assembly, and continued to speak on the
issue in the name of the EU at OSCE Human Dimension implementation meetings.
The first country report on Austria's implementation of the European Framework
Convention for the Protection of National Minorities was submitted to the Council of
Europe in 2001. A delegation of the Advisory Committee to this convention visited Austria
in December and discussed the core aspects with Austria's minority groups as well as the
relevant state and private institutions and NGOs. The Committee's opinion is due to be
adopted in 2002. On 1 October 2001 the European Charter for Regional or Minority
Languages entered into force for Austria. The first country report is due within a year
from that date.
The Role of Non-Governmental Organisations
The Austrian government works in close cooperation with human rights NGOs. They are
in the front rank as regards detecting violations, and they provide an important impetus for
the consolidation and development of international human rights standards. Austria
therefore takes the view that the situation of NGOs must be strengthened particularly in
relation to those countries in which human rights problems persist. At multilateral level
they must be enabled to participate actively in human rights conferences. Austria
therefore maintained a close dialogue with NGOs in the UN Commission on Human
Rights and the General Assembly, and provided financial support for NGOs from
developing countries to enable them to attend the World Conference Against Racism.
Austria continued to support the Vienna-based International Helsinki Federation for
Human Rights and financed the travelling arrangements of African NGO representatives
to a conference of human rights defenders held in Ireland in January 2002.
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