1. GENERAL INFORMATION- SITUATION ON TRAFFICKING IN HUMAN BEINGS
Austria continues to be a destination and transit country for men, women, and children subjected to trafficking in human beings (THB).
More than 60 % of identified victims come from other EU-member states, the majority of those from Romania, Bulgaria and Hungary. The majority of the other identified victims come from Asia (mostly China) and Africa (mostly Nigeria) These victims are almost exclusively female asylum seekers who are sexually exploited. Sexual exploitation remained the prevalent form of THB, accounting for most victims identified as well as perpetrators convicted. Labour exploitation occurs in agriculture, construction and the catering sector, as well as in domestic and care work. Cases of trafficking for begging and for committing property crimes are also reported, often involving minors.
Trafficking of women
The victim support organization LEFÖ-IBF (Intervention Centre for Trafficked Women) assisted 327 identified and presumed victims in 2017, of which 34.5% originated from EU member states. A majority of the victims with EU citizenship was of Bulgarian, Romanian and Hungarian origin. The percentage of victims exploited in sex work amounted to 66.4% and 15.9% were exploited as domestic workers.
The number of children assisted by Drehscheibe, the main institution providing support to child victims, has steadily increased between 2014 and 2016. In 2017 Drehscheibe assisted 75 children of which the majority were girls with eastern European origin.
Trafficking of Men
The victim support organisation MEN VIA has supported 107 men between 2014 and 2016. Due to its work, for the first time, comprehensive information on male victims and trafficking patterns is available in Austria.
Most important challenges that Austria faces at a national level
· Identification of victims of human trafficking, including the improvement of data collection.
· Child trafficking: the elaboration of a comprehensive care/support and cooperation concept at the federal and province levels.
· Labour exploitation: to adopt a proactive approach regarding the identification of victims of trafficking for the purpose of labour exploitation.
· Compensation and legal remedies: further strengthening of measures to facilitate and guarantee access to compensation for all victims of THB.
· Although the number of convictions has increased, it is still rather low. The creation of a special division at the Vienna Criminal Court as well as continuous training of judicial staff has improved the situation.
2. INSTITUTIONAL, LEGAL AND POLICY FRAMEWORK TO ADDRESS TRAFFICKING IN HUMAN BEINGS
Co-ordination of anti-trafficking actions at a national level
The evaluation of anti-trafficking actions is carried out by the Task Force on Combating THB, coordinated by the Federal Ministry or Europe, Integration and Foreign Affairs (MFA). The Task Force comprises representatives of all relevant ministries, the federal provinces, the NGOs LEFÖ-IBF, ECPAT and MEN VIA as well as the Ludwig Boltzmann Institute for Human Rights. In order to involve also those civil society organizations that are not members of the Task Force on Combating THB. A Round Table is held every year where additional information can be provided and is subsequently included in reports and assessments. The Task Force is responsible for coordinating the European and international reporting obligations. In addition to the reports according to EU-Directive 2011/36 and the EU Strategy, this includes reports to the Council of Europe GRETA Monitoring Mechanism and to UN Treaty Bodies. The Task Force also cooperates with UNODC for the Global Report on Trafficking in Persons as well as with the US Government for the annual US TiP Report. Most of these reports are available online at the websites of the respective organizations.
Special working groups of the Task Force deal with the issues of “Child Trafficking” (chaired by the Federal Chancellery – Division for Families and Youth), “Prostitution” (chaired by the Federal Chancellery – Division for Women’s Affairs and Equality) and “THB for the purpose of labour exploitation” (chaired by the Federal Ministry for Labour, Social Affairs, Health and Consumer Protection”).
The Austrian National Coordinator on Combating Human Trafficking was first appointed in March 2009 and serves as the Chair of the Task Force. The function is held by a senior official at the MFA.
Section 104a CC reads as follows:
“Trafficking in human beings
Sec 104a. (1) A person who recruits, harbours, otherwise receives, transports or offers or transfers to another person an adult using dishonest means (para. 2) against this person with the deliberate intention of the person's exploitation (para. 3), is to be punished with a prison sentence of a minimum of six months up to five years.
(2) Dishonest means are the use of force or severe threats, the deception about facts, abuse of authority, a position of vulnerability, insanity or of defencelessness, intimidation and the receiving or giving of benefits for handing over control over the person.
(3) Exploitation includes sexual exploitation, exploitation through organ transplantation, labour exploitation, exploitation of begging and the exploitation to commit criminal activities.
(4) A person who commits the criminal act in the context of a criminal association, under the use of severe violence or in such a way that the life of the person is severely endangered deliberately or by gross negligence or in such a way that particularly serious harm is caused to the person, is to be punished with a prison sentence of a minimum of one year up to ten years.
5) With a prison sentence of a minimum of one year up to ten years is also to be punished who recruits, harbours, or otherwise receives, transports or offers or transfers to another person a person under age with the deliberate intention of the person's exploitation.”
According to sec. 64 (4a) of the Austrian Criminal Code (CC) slavery (sec. 104 of the CC), trafficking in human beings (sec 104a of the CC), illegal procurement of adoptions (sec. 194 of the CC) and trans-border prostitution trade (sec. 217 of the CC) constitute criminal offences subject to prosecution irrespective of the criminal law in force in the country where the crime has been committed, if 1. either the perpetrator or the victim is an Austrian national or has his or her habitual residence in Austria, 2. the offence impairs other Austrian interests or 3. the perpetrator was an alien at the time the offence was committed, is staying in Austria and cannot be extradited.
Protection of victims and access to rights
From the point of view of experts, the empowerment of victims is key to (self-) identification. Claiming rights such as unpaid wages or compensation is more conducive to seeking support to most individuals than the idea of “being a victim” due to its connection to the notions of “helplessness” and “dependency”. Therefore, a number of measures aim at providing potential victims with official and reliable information about their rights.
The Intervention Centre for Trafficked Women (LEFÖ-IBF) is mandated by the Ministry for Constitutional Affairs, Reforms, Deregulation and Justice on the basis of section 66 of the Code of Criminal Procedure to legally advise and offer psychosocial support to victims during investigations and court proceedings (“Prozessbegleitung”) free of charge.
Access to compensation is also part of the offer to legally advise and support a victim by a professional of LEFÖ-IBF or MEN VIA (“Prozessbegleitung”). They advocate early confiscation measures and asset freezes and welcomes progress in this regard. Furthermore, they work on gaining knowledge about and experience with the processes of transnational claims to compensation.
Victims of crime have the option to receive compensation from the state according to the Victims of Crime Act (Verbrechensopfergesetz). An amendment to the Victims of Crime Act (2013) provides for the possibility of including victims of Trafficking in Human Beings whose stay in Austria has been illegal at the time of the crime.
Illegally employed foreigners can sue the business operator having employed them for their outstanding claims. Furthermore, perpetrators can be fined or – under certain circumstances – even imprisoned e.g. for not paying. The Chamber of Labour provides legal support for claiming unpaid wages and supports victims of THB side by side with LEFÖ-IBF successfully through employment tribunal proceedings.
Assistance and support provided to victims
Victims are provided with a range of support services, including safe accommodation, psycho-social support, medical aid and other services. During judicial proceedings, they receive legal counselling as well as psycho-social assistance. In 2017, the Task Force on Combating THB has published a comprehensive brochure on the rights of victims of THB in Austria for all experts working in the field.
LEFÖ-IBF operates on a national level on behalf of the Ministry of the Interior and the Federal Chancellery – Directorate for Women’s Affairs and Equality to assist trafficked women in their physical, psychological and social recovery. LEFÖ-IBF provides a full range of services, including appropriate and secure accommodation with 24/7 assistance, counselling in the victim’s native language as well as a non-permanent shelter for women who have recovered enough to be able to live more independently. All trafficked women who get in contact with LEFÖ-IBF can receive psychological help as well as gain access to emergency medical treatment. LEFÖ-IBF also provides victims of THB with psychosocial and legal assistance during criminal and civil proceedings, with the financial support of the Ministry for Constitutional Affairs, Reforms, Deregulation and Justice.
The City of Vienna operates Drehscheibe, which provides support and assistance to victims of child trafficking. In the case of a reasonable-grounds indication for believing that a minor might be a victim of child trafficking, he/she is taken to Drehscheibe, a socio-pedagogic institution established in 2001. Drehscheibe provides children with accommodation, shelter, food and protection, tries to determine their identity and learn more about each child’s individual story. If possible, victims are returned to their country of origin, the focus being on safeguarding the best interests of the child. Drehscheibe has developed a special repatriation model for children and young persons with the EU-members Romania and Bulgaria as well as with a few more non-EU countries in the region. Special monitoring of every single case enables verification and provision of further support and assistance to the children concerned after their return.
MEN VIA was established in 2013, as a focal point for male victims of human trafficking. It has become a well-known institution for male victims of THB. A wide range of organizations, not only the police, now refers potential victims to MEN VIA. It is financially supported by the Austrian Federal Ministry of Labour, Social Affairs, Health and Consumer Protection. The clients are provided with safe accommodation, psycho-social support, including during judicial proceedings, medical aid and other services.
Since 2014, victims of trafficking for labour exploitation receive support at UNDOK, a drop-in counselling centre for undocumented workers, run by an association of Trade Unions, the Chamber of Labour, the Austrian National Student Union (ÖH) and NGOs. Persons working in Austria without a residence permit and/or a work permit, who were deprived of their agreed wage or exploited by their employer in another way, receive information and advice about issues of labour law, right of residence and social security.
The Platform against Exploitation and Human Trafficking has built a network for sharing information, the development of proposals for the prevention of human trafficking and the support of victims of human trafficking. For these purposes, the platform cooperates with governmental and non-governmental organisations, but also committed individuals, to raise awareness and promote political initiatives.
The Austrian Criminal Intelligence Service has set up a telephone hotline (+43-1-24836-985383) to receive reports of potential human trafficking cases. All reports can be made anonymously, 24 hours, seven days a week. The calls will be handled by specialized human trafficking investigators who can identify suspicious activities and take immediate action. It is also possible to send an e-mail to: email@example.com or firstname.lastname@example.org.
Prosecution of Traffickers and Perpetrators
The criminal legislation concerning human trafficking is continuously evaluated on an international level. In the fall of 2015 the GRETA Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings was published. In this report, the amendment to the law governing sexual offences was positively noted.
Between 2014 and 2016, 340 people were brought into formal contact with the police as possible offenders. The majority were Bulgarian or Romanian citizens. 165 suspects were later on charged with the criminal offences of THB (section 104a of the Austrian Criminal Code) or Cross –Border Trafficking for Prostitution (sec. 217 of the Austrian Criminal Code). 90 offenders were convicted, 24 cases ended with acquittals in the reporting period.
Prevention & Awareness Raising
Numerous public events, campaigns and efforts to raise awareness of THB take place on a regular basis, including:
· Annual Public Event on the Occasion of the EU Anti-Trafficking Day: The Task Force on Combating Human Trafficking organizes a one-day public event on the occasion of the “EU Anti-Trafficking Day” every year. The average attendance has risen to about 400 participants including diplomatic staff from foreign representations in Vienna, employees of IO’s, NGO’s, experts and academia as well as interested members of the civil society. The event attracts a high level of media attention every year.
· As host to a large diplomatic community, Austria has put particular emphasis on preventing THB among private domestic staff in diplomatic households. An event for private domestic staff (PDS) in diplomatic households is organized every year, providing information about basic rights in Austria (concerning wages, working hours, living conditions etc.). There is also an information brochure available in English and Tagalog, as most PDS (80 %) are Filipino nationals. The Federal Ministry for Europe, Integration and Foreign Affairs monitors the employment of PDS from the visa application through personal interviews at the MFA after their entry and at least once a year until their de-registration and departure.
· Exhibition “Trafficking in Human Beings – Slavery of the 21st century”: In 2011, the Task Force on Combating Human Trafficking has created an exhibition, developed by experts, which provides basic information on the definition and the different forms of human trafficking, on how the traffickers proceed and what measures are taken to combat Trafficking in Human Beings as well as to support the victims. The exhibition is regularly shown in various contexts (in schools, the Austrian Parliament, on the occasion of the EU-Anti Trafficking day, at the annual open door event of the MFA, human rights events in the federal provinces etc.) and information material (a handbook with working materials to be used in schools) is available online. In 2016 a corresponding web exhibition was finalised which is available in German as well as English: http://www.gegen-menschenhandel.at/
3. NATIONAL ACTION PLAN
National Strategy/National Action Plan
Every year, the Task Force prepares reports on the implementation of Austria’s measures against trafficking in human beings to the government and the parliament. In addition to these yearly reports, overall implementation reports are submitted every three years.
Latest initiatives/activities related to anti-trafficking policy
The Task Force’s working group on human trafficking for the purpose of labour exploitation has elaborated a list of indicators, which shall support authorities of control in identifying victims of human trafficking for the purpose of labour exploitation. The competent ministries will have the task to spread this information to the authorities concerned. In this context, the Federal Ministry of Labour, Social Affairs, Health and Consumer Protection has issued an update to the existing internal decree for labour inspectors on human trafficking.
In 2017, the Federal Ministry for Justice issued a decree pursuant to Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings and Article 8 of the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims. The decree, which was addressed to prosecutors as well as district and regional courts (Bezirks- und Landesgerichte) explains how the principle of non-punishment for victims of trafficking in human beings (THB) is implemented in Austrian criminal law (Sect. 10 CC) and offers practical examples to clarify its implementation.
The MFA continued to strengthen its comprehensive policy to ensure the protection of domestic staff in diplomatic households in Austria. An event for domestic workers employed in diplomatic households is organised every year by the MFA and the Federal Ministry of the Interior, aiming at informing domestic house staff about their rights regarding wages, working hours and other entitlements.
The current National Action Plan on Combating Human Trafficking acknowledges new challenges concerning trafficking in human beings in relation to the migration crises: enhanced trainings and awareness-raising measures for officers of police detention centres (“Personenanhaltezentren”) and for staff of Federal Reception Centres as well as employees of the Federal Office for Immigration and Asylum have continued with a focus on victim identification.
The National Action Plan also provides for a high level of training activities, both mandatory and optional. Police and immigration officers, military personnel, financial police and labor inspectors, the judiciary as well as consular staff are among the main target groups. Most trainings are carried out in cooperation with NGOs, in particular LEFÖ-IBF, MEN VIA and ECPAT and aim at sensitizing the trainees to issues of THB, at raising awareness about their own role in this context, at clarifying the indicators for victims of THB and at discussing the specific regulatory processes. Whenever possible, a multi-stakeholder approach is promoted.
4. CROSS-BORDER COOPERATION TO ADDRESS TRAFFICKING IN HUMAN BEINGS
Austria takes an active role in multilateral fora, such as the UN, the OSCE, and the Council of Europe on the issue of THB, with a view to strengthening international cooperation in the area of THB and creating synergies between these bodies. For example, Austria participated at the ministerial level at the High Level Meeting of the UN General Assembly on THB in New York in 2013, which Austria helped prepare as co-facilitator of the modalities resolution, and supports the UN Trust Fund for Victims of Trafficking (with former Austrian Foreign Minister and EU Commissioner Benita Ferrero-Waldner on the Board of Trustees).
A large number of international activities aim to improve the situation for victims in their countries of origin. In this context, South East Europe is one of the priority regions for the Austrian Development Cooperation. The activities of this agency include awareness-raising for the local population; measures to improve the socioeconomic situation of particularly high-risk groups; training of law enforcement officers; and support and assistance for the return of trafficked victims.
Austria was one of the first states to have its anti-trafficking measures evaluated twice by the Council of Europe’s expert group GRETA. In October 2015, GRETA published its second country evaluation report on Austria, welcoming the progress made in combating human trafficking while pointing on certain aspects where further efforts should be undertaken.
The Federal Ministry of the Interior uses Interpol for operational cooperation with third countries, and is engaged in several bilateral and multilateral projects and initiatives. Among others, the Federal Ministry of the Interior cooperates on a bilateral level to protect the family members of victims of trafficking in their home countries. The Ministry also undertakes the training of law enforcement officers to identify and protect possible victims of trafficking in third countries.
Furthermore, the government of Austria works closely with Austria-based foreign representations of countries of origin. In this context, the inclusion of the topic of human trafficking in consular staffs’ training curriculum and the dissemination of information folders in the respective national language at the Austrian representations abroad contribute to raising awareness of human trafficking before issuing a visa to third country nationals.
In order to strengthen transnational cooperation, the Joint Operational Office against human smuggling and human trafficking (JOO) of the Austrian Criminal Intelligence Service was set up in May 2016 within the framework of the European Multidisciplinary Platform against Criminal Threats (EMPACT-Illegal Immigration). It has a permanent staff of 50 employees and receives EU-funding from Europol. The JOO works as an operational focal point for the European Migrant Smuggling Center (EMSC) of Europol and undertakes joint investigations with law enforcement authorities of other EU-Member States and third countries.
5. RELEVANT REPORTS
· Homepage FMA – Combatting Trafficking in Human Beings: https://www.bmeia.gv.at/en/european-foreign-policy/human-rights/priorities-of-austrian-human-rights-policy/combatting-trafficking-in-human-beings/
· Executive Summary of the Third Austrian report on Combating Human Trafficking 2012-2014:
· Fourth National Action Plan on Combating Human Trafficking for the period 2015-2017: https://www.bmeia.gv.at/fileadmin/user_upload/Zentrale/Aussenpolitik/Menschenrechte/Dokument_1_NAP_EN_2015-2017.pdf
· Child Trafficking in Austria; Report by the Working Group on Child Trafficking under the Task Force on Human Trafficking: http://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/2009_child_trafficking_in_austria_-_report_by_the_working_group_on_child_trafficking_under_the_task_force_on_human_trafficking_en_1.pdf
· GRETA Report concerning the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings by Austria (Second Evaluation Round): https://rm.coe.int/1680630cb4
· Web Exhibition "Human Trafficking - Slavery of the 21 century" (German): https://www.gegen-menschenhandel.at/
6. RELEVANT LINKS TO NATIONAL AUTHORITIES/INSTITUTIONS WEBSITES AND OTHER RELEVANT CONTACTS
Federal Ministry for Europe, Integration and Foreign Affairs
Minoritenplatz 8, 1014 Vienna
Federal Ministry of the Interior/Criminal Intelligence Service Austria
Central Service Combating Alien Smuggling and Trafficking in Human Beings
Telephone: +43 (0)1 24836 85383, Fax: +43 (0)1 24836-85394
E-mail: email@example.com, firstname.lastname@example.org
Crisis centre for victims of child trafficking run by the city of Vienna (Drehscheibe Wien)
Telephone: +43 1 33134 20397
THB-Hotline: The Austrian Ministry of the Interior has introduced a THB-Hotline:
Information about human trafficking by telephone
+43 1 24836 85383 (24/7)
or by E-Mail
Organisations and institutions
Footprint für Betroffene des Frauenhandels
Phone: 01 - 920 85 86
IOM Österreich (IOM - International Organization for Migration in Austria)
Nibelungengasse 13/4, 1010 Vienna
Telephone: +43 1 585 33 22
UNDOK – Association for unionized assistance for undocumented workers
Verband zur gewerkschaftlichen Unterstützung undokumentiert Arbeitender
ÖGB (Catamaran) Lift D, 1. Stock, Raum 1913