that the ICC explicitly urged the AOB in May 2011 to continue its efforts regarding the OPCAT implementation. However, a recommendation was also made that does not raise questions about the independence of the AOB as an institution, but certainly does so regarding how the members of the AOB are appointed. That the AOB is led by three highly esteemed former members of the National Council was considered insufficient to comply with the “principles of plurality” for executive bodies despite their very different biographies. This assessment can and must be discussed. After straying onto disastrous paths of disregard for human rights in the 20th century, Austria is a stable representative democracy and, within its organisation as a state, the AOB is without a doubt to be attributed to the legislative branch. That UN bodies or the Office of the UN High Commissioner for Human Rights (OHCHR) were criticising Austria or the AOB with these statements – as was often heard – is not correct per se. Despite existing working relationships to the OHCHR, the ICC and its sub-committee are associations in accordance with Swiss association law and as such are not attached to any UN organisation. Each (re)accreditation petition is only the formal prerequisite for inclusion in the ICC or for the confirmation of ICC membership. Therefore, recommendations by the ICC are not binding under international law (Report of the Secretary General, UN Doc. A/HRC/10/54 dated 26 January 2009). Through the mediation of the Federal Ministry for European and International Affairs, we will shortly begin substantive discussions with representatives of the ICC in view of the new “human rights mandate”. The right not to be discriminated represents the central core of human rights and is the prerequisite for all other rights. Studies show that EU-wide 82% of those who experience discrimination do not file complaints. This is primarily due to the fact that many do not know whom to contact and also have no confidence that the complaint can actually have a positive effect. Based on a report of an NGO, I have examined how administrative District Authorities, Municipal Authorities and the Independent Administrative Tribunal (UVS ) handle reports of ethnic discrimination regarding access to restaurants, pubs and clubs. Based on these results, the members of the AOB unanimously determined that there is maladministration involved in the enforcement of Art. III (1) (3) of the Introductory Act to the Administrative Procedure Acts (EGVG ). The AOB has requested the Federal Government to ensure that the prohibition of discrimination be enforced throughout the country uniformly and effectively. In Protection against discrimination must be more effective 33