REFUGEES’ AND MIGRANTS’ RIGHTS –
FORCIBLE RETURN
Between January and August, 17,095 people
requested asylum; the number fell by nearly
half compared to 32,114 people for the same
period in 2016.
In October, Parliament amended the asylum
law to automatically add a return order to any
decision concerning the revocation of asylum
or subsidiary protection status, for example
upon conviction for a criminal offence,
increasing the risk of refoulement – forcible
return of an individual to a country where
they would risk serious human rights
violations.
The authorities continued to deport rejected
asylum-seekers and undocumented migrants
to Afghanistan despite the deterioration of the
security situation in the country. In the first
half of the year, 67 people were forcibly
returned there.
In September, the Minister of the Interior
announced the non-renewal of the
Humanitarian Admission Programme
pointing to the large number of asylum cases
that were still pending. Since 2013, 1,900
vulnerable refugees had been successfully
resettled through the Programme.
During the year, asylum-seekers brought six
individual complaints before the UN Human
Rights Committee alleging that their return
under the Dublin III Regulation (an EU law
that establishes the criteria and mechanisms
for determining the EU member state
responsible for examining an asylum
application) to Bulgaria and Italy would
violate their human rights. In March the
authorities deported a Syrian family to
Bulgaria and in June a Somalian woman to
Italy, despite the Human Rights Committee
requesting Austria to refrain from doing so.
FREEDOM OF ASSEMBLY
far-reaching amendments to the law,
including fines and other administrative
measures against organizers not complying
with the law, and a cap on the number of
public assemblies taking place in shopping
streets. There were no steps to further amend
the law at the end of the year.
COUNTER-TERROR AND SECURITY
In July, the government tabled an
amendment to the Criminal Procedure Code
that would introduce several new far-reaching
surveillance methods. The amendment gave
rise to concern regarding the right to privacy.
The methods included software to access
data from smartphones and techniques to
intercept mobile phone traffic. The authorities
would be able to use many of those
techniques without seeking prior judicial
authorization.
DISCRIMINATION
In October, a new law entered into force
banning any kind of full-face covering in
public spaces. Despite its purpose of
“promoting active participation in society”,
the law disproportionately restricted the rights
to freedom of expression and of religion or
belief.
In June, the Austrian National Council
rejected a motion that would open a
discussion on equal marriage irrespective of
sexual orientation and gender identity. Samesex couples could enter a civil partnership
but were not allowed to marry. In December,
the Constitutional Court repealed
discriminatory passages of the Marriage Act
and the Registered Partnership Act. The
repeal was to take effect from 1 January
2019, thus enabling same-sex couples to
marry and heterosexual couples to enter
registered partnerships.
In June, Parliament amended the law on
public assemblies, which gave the authorities
new vaguely formulated grounds to prohibit
public assemblies, including where an
assembly is “against a foreign policy
interest”. Shortly after, the Minister of the
Interior suggested the introduction of further
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