Human Rights
The situation of human rights in Austria is subject to numerous review procedures within the United Nations (UN) and the Council of Europe. In 2011, Austria was for the first time reviewed in the framework of the Universal Periodic Review (UPR) by the United Nations Human Rights Council (HRC).
WHAT IS THE UNIVERSAL PERIODIC REVIEW (UPR)? HOW DOES IT WORK?
The UPR is an instrument of the United Nations Human Rights Council, which was created in 2006. It provides for a regular review of the human rights records of all 193 UN member states – the mechanism is designed as a “peer review” process, meaning that it is other states are undertaking the review, with important support from civil society. It is the first time that the protection and promotion of human rights is not an "internal affair" in any country in the world, and that all states are reviewed equally.
The Human Rights Council Resolution 5/1 of 18 June 2007 governs the UPR procedure. Each state should be reviewed once every four years. The review is based on three reports on progress and challenges in human rights protection in the respective country, which are intended to provide a comprehensive and differentiated picture: One report is prepared by the government itself, another by the Office of the United Nations High Commissioner for Human Rights (OHCHR); the third report is prepared on the basis of statements by civil society organisations. The UPR’s highlight is an oral review lasting about three hours, during which the state under review faces the questions and recommendations of the international community in an interactive dialogue in the Human Rights Council. The Human Rights Council then prepares a report on all issued recommendations, which the State under review can accept or reject. In the following review cycle, starting after four years, emphasis will be given to the implementation of the accepted recommendations .
The UPR provides for a transparent procedure (streaming of the oral review by webcast, publication of all reports on the OHCHR website) as well as for close cooperation between states and civil society. The ultimate aim of the mechanism is not to denounce misconduct by states, but to continuously improve the human rights situation in all countries through exchange, dialogue and implementation of recommendations.
From 2008 to 2011, all states (48 per year) were review dint the first UPR cycle; the second review cycle lasted from 2012 to 2016, the third cycle has been underway since 2017.
CURRENT, THIRD UPR OF AUSTRIA
The Third Austrian State Report, which focuses on the implementation of recommendations adopted in the second UPR, was adopted by the Ministerial Council on 7th October 2020 and submitted to the OHCHR mid-October 2020. Before, draft reports had been widely distributed to civil society organisations with a request for comments - the comments received (in German only) have - where possible - been taken into account in the report and have contributed to its improvement. The review of Austria before the Human Rights Council in Geneva is taking place on 22th January 2021.
ARCHIVE: SECOND UPR OF AUSTRIA
The Second Austrian State Report was prepared in the framework of the Human Rights Coordinators’ Panel, with contributions of relevant ministries and the Bundesländer. A draft report was published on the website of the Austrian MFA and distributed to civil society. Comments received are available here (in German). The final report was submitted to OHCHR in July 2015, and presented during Austria’s oral review on 9 November 2015 before the Human Rights Council in Geneva. The report of the UPR Working Group on Austria’s review as well as Austria’s reply to the recommendations received were adopted on 16 March 2016 in Geneva at the 31st Regular session of the Human Rights Council. Out of the 229 recommendations from UN Member States to Austria, 162 were accepted, 67 were rejected.
ARCHIVE: FIRST UPR OF AUSTRIA
The First Austrian State Report was prepared in the framework of the Human Rights Coordinators' Panel, with input from the competent ministries and the Bundesländer. It was submitted to OHCHR in October 2010 and presented during Austria’s oral review on 26 January 2011 before the Human Rights Council in Geneva. The report of the UPR Working Group on the review of Austria was adopted on 7 June 2011. Out of 161 recommendations made by UN Member States to Austria, 131 were accepted, 30 were rejected. Austria submitted comments on 54 recommendations that had remained open after the oral review.
A voluntary preliminary report by Austria on the implementation of the adopted UPR recommendations was published on OHCHR’s website on 23 September 2013. This report was the result of regular consultations and meetings between the competent federal ministries and Bundesländer, as well as with civil society. Implementing measures were reported and discussed in several public meetings.
ORAL UPR REVIEW OF AUSTRIA AT THE UN-HUMAN RIGHTS COUNCIL IN GENEVA
The oral review of Austria took place on 26 January 2011 at the Human Rights Council in Geneva. The Austrian Delegation was led by then Foreign Minister Michael Spindelegger, who highlighted in his introductory speech the Austrian efforts in the promotion and protection of human rights.
During the interactive dialogue 54 states took the floor, asked questions and made recommendations. The report of the UPR Working Group (D, EN) about the Austrian review was adopted in the Plenary of the HRC on 7 June 2011. In the 1-hour discussion, 4 states and various NGOs and representatives of civil society took the floor. Out of the 161 recommendations given to Austria in total, 131 have been accepted and 30 have been rejected by the government. Those 54 recommendations that have been left open at the moment of the adoption of the report of the Working Group Austria has made extensive comments later on (D, EN).
MIDTERM REPORT OF AUSTRIA TO THE HRC ABOUT THE IMPLEMENTATION OF THE RECOMMENDATIONS
On 13 August 2013 the Austrian Government adopted the voluntary midterm report of Austria about the implementation of the accepted UPR recommendations, which was published on the OHCHR website on 23 September 2013.
The report was the result of the ongoing consultations and meetings between different Austrian Federal Ministries and representatives of the nine provinces and civil society, where the status of the implementation was being reviewed and discussed among all stakeholders.