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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents