Investigating human rights
The purpose of Section 15a of the Basic Provision Agreement is that the
individual Laender provide temporary reception conditions to aliens who
need help and protection proportionately to their population. The Laender are
obligated to create and maintain the necessary infrastructure and to provide
current data as soon as possible regarding the capacity utilisation of their
facilities. The federal law that primarily regulates the reception conditions
of asylum seekers in the proceedings for admission (Federal Basic Welfare
Support Act 2005 determines the obligation of the Federal Government to
create appropriate capacities for care for emergencies.
It was and is apparent from reports in the media that for a long time, only
two of the nine Laender fulfilled or are fulfilling the agreement under Section
15a (i.e. Vienna, Lower Austria). While this was always lamented by the
Federal Ministry of the Interior, apparently suitable measures to enforce the
agreement were never undertaken.
Not all Laender fulfil
obligations
The Federal Ministry of the Interior was, however, aware of the problem:
In 2009, it tried to establish a third reception centre with a capacity of 300
persons in Burgenland. The project failed due to massive resistance from the
population and the Governor, who tried to exhaust all means to prevent this
from happening. As at the time applications for asylum were decreasing
(2009: 15,821, 2010: 11,012 – a minus of 30.4%), the Federal Ministry of the
Interior apparently decided to no longer pursue the project.
Since 2011, the number of refugees has been continually rising with
applications for asylum going up as well (2011: 14,416, 2012: 17,413, 2013:
17,503, 2014: 28,027). Previously, however, there had been similarly high
numbers of applications for asylum from 2001 to 2003 (2001: 30,127, 2002:
39,354 and 2003: 32,359). During those years, the Federal Government
was obviously able to handle the accommodations, for which it was solely
responsible at the time. After that, the numbers went down continuously
until 2011.
Applications for asylum
rose sharply in 2014
In 2014, the Mayor of Traiskirchen and the Governor of Lower Austria pushed
for relief for the reception centre in Traiskirchen by generating massive media
attention. The occupancy capacity of 1,774 was not exceeded; the maximum
occupancy figure of 480 that was circulated in the media was “only” a
political agreement between the Federal Minister and the Governor of Lower
Austria. Nevertheless, Traiskirchen is definitely the largest facility. There are
up to 1,770 asylum seekers compared to 17,634 residents in Traiskirchen.
In an ex-officio investigative proceeding of the reception centre in Traiskirchen,
a commission of the AOB visited the facility in July 2014; at the time 1,222
persons lived there. The commission found the following conditions: too tight
living quarters, no possibility for individual privacy, families housed directly
next to single male individuals, limited occupational opportunities, a large
number of children and adolescents (unaccompanied minor refugees) from
Commissions visit
Traiskirchen in July
2014
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