RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
Despite overwhelming support from the
public, there was still no legislation on
marriage equality. Under the current law,
marriage is permissible only between a man
and a woman.
COUNTER-TERROR AND SECURITY
New counter-terror laws were proposed and
passed. Among those proposed was a
continuing detention order allowing for
detention beyond expiry of sentence.
Legislative changes allowed for children as
young as 14 years old to be put under control
orders, reduced from 16 years. Citizenship
laws with the potential to make people
stateless came into effect.
1. Australia: Reforms to justice system essential to protect the rights of
Indigenous youth (NWS 11/4730/2016)
2. Australia: Appalling abuse, neglect of refugees on Nauru (NWS
11/4586/2016)
AUSTRIA
Republic of Austria
Head of state: Heinz Fischer (until 8 July 2016), then
jointly (ad interim) Doris Bures, Karlheinz Kopf, Norbert
Hofer
Head of government: Christian Kern (replaced Werner
Fayman in May)
The number of asylum claims registered
dropped by half compared to the previous
year. However, in April Parliament gave the
power to the government to rely on an
emergency procedure to curtail the number
of asylum-seekers in the country. A new law
granted far-reaching surveillance and
investigative powers to the intelligence
agency.
REFUGEES’ AND MIGRANTS’ RIGHTS
In January, the government announced a cap
on the number of asylum applications for
2016 at 37,500. Between January and
November, approximately 39,600 people
Amnesty International Report 2016/17
requested asylum in Austria. Almost 32,300
applications were deemed admissible. In the
same period in 2015, approximately 81,000
people had requested asylum.
In April, Parliament passed an amendment
to the Asylum Act granting the government
the power to declare a threat to public order
and security when high numbers of asylumseekers were entering the country. This
decree would trigger a fast-track asylum
procedure in which border police would
determine the admissibility of applications for
international protection. Police would also
forcibly return asylum-seekers who had
crossed the border to neighbouring countries
of transit without being required to provide a
reasoned justification. Asylum-seekers would
only be able to appeal from abroad as the
appeals would be non-suspensive. The
implementation of the amendment could
result in the violation of the principle of nonrefoulement and the right to have access to a
fair and efficient asylum procedure. At the
end of the year, the government had not
triggered the procedure.
The amendment also severely limits the
possibilities for refugees and beneficiaries of
subsidiary protection to obtain family
reunification.
While conditions in some reception centres
improved, asylum procedures continued to
be inadequate in identifying and assisting
persons with specific needs, such as victims
of torture, human trafficking, or gender-based
violence. Support services, including health
care for persons in need of special care,
including unaccompanied minors, remained
insufficient.
DISCRIMINATION
In June, the authorities expressed concern
regarding racially motivated attacks on
asylum shelters. In the same month, an
asylum shelter was set alight before its official
opening in the town of Altenfelden. In the first
six months of the year, the Ministry of Interior
reported almost as many criminal offences
against asylum shelters (24) as for the whole
of 2015 (25).
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