The act has been adopted by the National Council, i.e. the Austrian parliament, on 7 July 2005. On 21 July 2005 the Regional Council approved it without raising an objection. The Austrian interior ministry told that it has drawn major importance on the conformity with human rights. This is of a particular interest since the Constitutional Court declared invalid three key provisions of the 2003 asylum act on 15 October 2004. According to the highest judges, the former act was contrary to human and constitutional rights in so far as it contained a preclusion of new arguments in a legal remedy, extended possibilities of expulsion detention and the negation of protection against expulsion while an appeal is pending.

 

However, the decision of the Constitutional Court did only slow Austria’s efforts to restrain the rights of asylum seekers and aliens. Concerning the new asylum act, human rights and refugee organisations criticise the restrictive and almost xenophobic character of the amendment.

 

Amnesty International (ai) points out that the reform leads to breaches of the Geneva refugee convention, it undermines legal protection and violates international human rights. In particular, ai draws the attention to the critical points as the possibility of forcible feeding of asylum seekers who are in hunger strike and the expulsion of refugees despite a pending trial. But, it is discussed controversially if forcible feeding is legal under the new act. More over, ai stressed the xenophobic language of the act and the grounds that could cause or strengthen xenophobic and racist prejudices in the population and within the authorities. The renaming from ‘alien act’ to ‘alien police act’ is symptomatic for a change of sound.

 

On the occasion of the discussion in the Regional Council, Lichtenecker (Green Party) said that “reading the act, one gets the impression that foreigners who come to Austria in principle are criminals and abuse asylum.” This amendment is against the constitution and against human rights, she emphasised.

 

The spokesman of the UN refugee agency UNCHR in Austria, Roland Schönbauer, expressed his disappointment about the act. “We miss humanity”, he told. The UNCHR watches with concern the new powers of the police forces that cannot only go directly to migrant’s housings, but, to organisations frequented by migrants, too, without any judiciary approval.

 

As a positive change, the UNHCR observes, that from now on it is possible to record asylum interviews on tape. Recording these interviews, women and men do not have to tell and re-tell several times their traumatic stories.

 

The Chairman of the Green Party Alexander Van der Bellen announced that his Party possibly will submit an action at the Constitutional Court. Even though Interior Minister Liese Prokop is reliant her act will pass the examination of the Court, its decision is to be expected with great interest.

 

Daniel Naujoks

 

Further Information

 

download the new acts here (in German language only)