$Unique_ID{COW00238} $Pretitle{376} $Title{Austria Basic Rights} $Subtitle{} $Author{Federal Press Service} $Affiliation{Embassy of Austria, Washington DC} $Subject{austrian party austria economic political social federal international chambers nations} $Date{1988} $Log{Alpine Training*0023801.scf Table 2.*0023801.tab } Country: Austria Book: Austria Facts and Figures Author: Federal Press Service Affiliation: Embassy of Austria, Washington DC Date: 1988 Basic Rights Most of the basic rights and freedoms guaranteed by the present Austrian constitution were originally listed in the basic law passed in 1867 under the AustroHungarian monarchy before being included in the constitution of the new republic when it was drawn up in 1920. Legislation in the Second Republic has always been based on the principles set out in the United Nations' Declaration of Human Rights of 1948. In 1958, Austria became a signatory to the Council of Europe's Convention for the Protection of Human Rights and Fundamental Freedoms. Work is at present under way on a reform of basic rights in order to avoid the risk of any threat to human freedom from the conditions imposed by modern society. The federal constitution states that all citizens are equal before the law. There may be no discrimination on the grounds of birth, sex, status, class, religion, race or language and all citizens enjoy the right to be elected to public office. Personal liberty is guaranteed. Arrest is possible only on the strength of a warrant stating specific reasons and there are similarly strict regulations concerning the rights of the individual's home and the privacy of letters. The constitution also safeguards the complete freedom of movement and property within the state boundaries as well as the right to emigrate. No Austrian may be deprived of his lawful judge. Freedom of association is guaranteed. Everyone has the right within the limits of the law to express his opinion by word of mouth or in writing, print or by pictorial representation. The press may be neither subjected to censorship nor restricted by the licensing system. There is complete freedom of conscience and religion, and knowledge and its teaching are free. Jurisdiction Of paramount importance in the field of Austrian jurisdiction is the fact that the administration of justice should be completely independent. The constitution states specifically that judges are independent in the exercise of their judicial function and that they can be neither dismissed nor transferred. The institution of the lay assessor means that the people take part directly in the administration of justice. The lay assessors or, in the event of crimes entailing severe penalties, a jury, consider cases under the guidance of a professional judge. A series of successive stages of appeal, going if necessary as far as the supreme court, provides adequate insurance against the possibility of legar error. The maximum penalty under Austrian law is life imprisonment; there is no death penalty. The administrative court ensures the legality of all acts of public administration while the constitutional court examines legislation to make sure that there is no violation of the constitution. Any citizen who feels that his rights have been violated by an administrative act or that his basic rights as guaranteed by the constitution have been encroached on may appeal to the administrative and constitutional courts. Controlling bodies The central auditing authority scrutinizes the financial affairs of the public administration, the nationalised industries and the social insurance authorities. It investigates public expenditure - by the federal and provincial authorities and by local councils in municipalities of over 20,000 inhabitants - to ensure that the taxpayer's money is being spent economically and productively. The institution of the people's lawyer exists to register complaints brought forward by anybody who feels that he or she has been treated unjustly by any administrative authority. To facilitate the investigation of such complaints the people's lawyers have an unlimited right to inspect administrative records, and on the basis of their investigations they can submit a recommendation to the authority concerned to the effect that the injustice cited in the complaint be rectified. The people's lawyers are an autonomous institution accountable only to the Nationalrat, to which they submit an annual report. They form a collegiate body consisting of three people's lawyers, with an annually rotating presidency. They are appointed on the basis of recommendations by the three parties with the largest number of seats in parliament. The law applying to the people's lawyers is an integral part of the federal constitution. The Armed Forces [See Alpine Training: Austrian Armed Forces. Courtesy Embassy of Austria, Washington DC.] In accordance with the terms of the comprehensive national defence plan, the federal armed forces (Bundesheer) are designed to provide the following: - National military defence. - In addition to military defence: protection for those institutions provided for by the constitution; guarantees for the performance of their activities and for the democratic freedoms of the population; the maintenance of domestic order and security in general. - Aid in the event of natural disasters or any other major catastrophe. - Aid in other countries at the request of international organisations or the International League of Red Cross Societies. The federal president is the commander-in-chief of the armed forces and disposal over them lies with the minister of national defence within the limits of the authorisation conferred on him by the government. The federal armed forces are kept up to strength by means of compulsory national service. Every Austrian man between the ages of 18 and 50 is liable to military service. Basic military service lasts six months. In addition to this, all those liable for service take part in subsequent reserve training totalling 60 days, for special functions in addition up to 60 or 90 days, as part of the plan to develop a militia reserve force. Anyone who objects to military service on grounds of conscience and is exempted on these grounds must perform some alternative civilian form of service. In accordance with current regional defence plans, the armed forces are divided into an alert force, mobile territorial units and localised territorials. The Political Parties The political scene in the Second Republic has been dominated by the Socialist Party (Sozialistische Partei Osterreichs - SPO) and the People's Party (Osterreichische Volkspartei - OVP) which have achieved varying majorities. Both have polled at least 40% of the vote in successive elections to the Nationalrat. Apart from these two, only the Freiheitliche Partei Osterreichs - FPO, or its predecessor, the Independents' Union (Verband der Unabhangigen - VdU), the Communist Party (Kommunistische Partei Osterreichs - KPO) and the Greens have been represented in parliament, although the percentage of seats held by either party never exceeded 10%. In 1959 and in all successive general elections the communists did not succeed in polling the minimum number of votes necessary for parliamentary representation. The remarkably consistent distribution of parliamentary power since 1945 may be regarded as a sign of political stability. Originally prompted by the Austrians' determined reconstruction drive following world war II, it has remained as a positive factor in political developments at home. There follow descriptions of each of the political parties represented in the Nationalrat: The Austrian Socialist Party (SPO) The Austrian Socialist Party, which has held a parliamentary majority and therefore formed the government since 1970, was founded in 1889 by Victor Adler. During the dual monarchy, it was in opposition but in 1918 it was the driving force behind the establishment of the Austrian Republic and from 1919 to 1920 there was a Socialist chancellor, Karl Renner. From 1920 onwards, the Socialists were once again in opposition until in 1934 they were banned by the fascist regime and forced to carry on their activities underground. The Austrian Socialist Party was restablished in 1945. With a total membership of some 700,000, divided up into local, district and provincial organisations, the SPO is a typical members' party and one of the strongest represented in the Socialist International. The main policy-making body of the SPO is the national party conference, which is called every two years at least and which consists principally of elected delegates from the district party organisation. The national party conference elects the national party committee, which is responsible for party leadership. From among its members, the committee elects the national chairman. The party programme drawn up in 1978 includes the following points: "The Socialists seek to establish a social system, i.e. a system of living conditions and inter-human relationships which is aimed at the free development of the individual personality. They want to put an end to class distinctions and to distribute justly the rewards of labour. Socialism is an international movement in which people work together for a better society; they may work on the basis of humanist values, of Marxist or other social principles or of religious conviction. The principles of Socialism and religion are therefore not opposed to each other." Fundamental features of the party programme are unconditional commitment to democracy and the determination of policy by majority decision, showing respect at the same time for minority rights. Also of prime importance is unyielding and uncompromising opposition to all forms of fascism and Communism. The SPO is a member of the Socialist International and actively supports the ideas of international brotherhood and the community of nations. Its efforts have met with international recognition by member parties in the appointment of Austrians to the presidium of the Socialist International. The Austrian People's Party (OVP) The Austrian People's Party was founded on April 17th 1945 by representatives of the main Christian Social groups which had existed between the wars. It is a Christian-Democratic party based on the principle of social integration and federalism and consisting of six suborganisations: the Workers' and Employees' Federation (OAAB), the Farmers' Federation (OBB), the Employers' and Trades People's Federation (OWB), the Women's Movement (OFB), the Young Populists (JVP) and the Senior Citizens' Federation (OSB). In accordance with Austria's federal structure, there are party organisations at provincial, regional, district and community level. The OVP's supreme body is the national party conference, which meets every three years to elect senior officials, in particular the national chairman, his deputies, the general secretary and the other members of the national party executive. Executive powers are in the hands of the central committee and the running of day to day affairs is the responsibility of the executive committee. As a party founded on the principle of social integration, the People's Party seeks to co-ordinate the interests of the various sections of society. The OVP's political aims, in particular its commitment to a free and independent Austria, a constitutional multi-party democracy and a social market economy, have been set out in a number of declarations of party principle, the most recent being the "Salzburg Programme" issued on November 30th 1972, in which the party describes itself as "a party of the progressive centre", intent on the establishment of "a society of partners". The People's Party's political aims are determined by a view of man and society based on Christian principles but not committed to any specific confession or church institution. It seeks the determined promotion of democratic institutions and wants to give everyone the opportunity to play their part in actively forming public political opinion. The People's Party is a member of the European Union of Christian Democrats (UEDC), of the European Democratic Union (EDU), and of the International Democratic Union (IDU). The Chairman of the EDU is from the ranks of the OVP. The Austrian "Freiheitliche Partei" (FPO) Following the restoration of the Austrian Republic in 1945, the four occupying powers allowed conservatives and socialists to form parties, the OVP and the SPO, but the liberal element among the population was initially refused independent political representation. With the establishment in 1949 of the "Verband der Unabhangigen" (Association of Independents - VdU), the foundation was laid for a third political force in Austria. The Association had the support of "liberal-freiheitlich" circles and of voters disappointed by the People's Party and the Socialists; it proceeded to develop new social ideas based on the principle of partnership. Anti-marxist in character, the new group was particularly opposed to all kinds of class-warfare. The two parties which formed the coalition government (OVP and SPO) consistently prevented the "Verband der Unabhangigen" from assuming any political responsibility and when, as a result of this, the party began to disintegrate, the new "Freiheitliche Partei Osterreichs (FPO)" was founded in 1955 by Anton Reinthaller. This took over the other group's political ideas, consolidated party organisation and distinguished its ideology more clearly from that of the other parties. From 1955 to 1966, the FPO provided the only parliamentary opposition to the coalition formed by the OVP and the SPO. When the coalition broke up, the FPO was able to assume a more significant political role. Attempts by the OVP, during its period of one-party government, to render the FPO completely ineffective met with no success. The SPO drew their own conclusions from this and acknowledged the FPO as a political partner in 1970. When the Socialists formed a minority government, the FPO was called on to assume political responsibility, and during the period of SPO one-party governments (1971-1983) it represented a negotiating partner, independent of both SPO and OVP, whose voice played a role in making parliamentary decisions on Austrian domestic politics. In 1983, for the first time in its history, the FPO joined the government as the coalition partner of the SPO. The FPO's modern party programme, issued at Salzburg in 1985, and its manifesto on social policy drawn up in 1973 reflect its progressive and anti-collectivist character. The party appeals to people who attach value to personal achievement, who are willing to accept the responsibilities of freedom rather than sacrifice personal goals to apparent collective security. The Greens As in many other European countries, the Greens are represented in the Austrian Parliament. In the 1986 national election they gained eight seats. The formation of a Green party reflects the political desire of a large number of people for a fundamentally new approach to counter the destructive consequences of economic activity. The established political parties and the social partnership structures allied with them have proved incapable of responding to signs of economic, ecological and social crisis. Even before they entered Parliament the Greens succeeded in preventing the commissioning of Austria's first nuclear power station in Zwentendorf and the destruction of one of Central Europe's last surviving meadowlands near Hainburg. Because those who wield political power showed themselves unwilling to learn from these lessons, and also in order to be in a better position to realise their own objectives, a number of groups and initiatives decided to contest the 1986 national election and at their first attempt won parliamentary seats. As a party the Greens advocate those principles which characterise the Green movement internationally (ecological and social principles, grass-roots democracy and non-violence) but also specifically Austrian issues. The first parliamentary goal of the Greens is to do away with the nebulous, authoritarian structures of decision-making by informal quasi-governmental and oligarchical groups and to restore the appropriate transparency to government. This is of paramount importance in a country which has an enormous amount of ground to make up in terms of liberal outlooks, tolerance and democracy. We are always striving to promote a greater awareness of ecological and democratic priorities within the obscure workings of the superstructures which exist in such fields as the energy-generating industry and the state-owned sector. Faced with the impending destruction of Austria's forests and thus of the country itself, the Greens are not content merely to ask questions. "Green is more than a fashionable colour": that was the motto of the first federal conference of the Greens. In view of the unbroken succession of crises we are convinced that the entire range of objectives pursued by the Greens will continue to gain in importance. [See Table 2.: General Elections] Organised Economic Interests In the industrial society of the modern democratic state, the organised representation of economic interests has acquired special significance. Austria's economic prosperity and the calm political atmosphere at home are due to a great extent to the smooth co-operation between the two main groups of interests, workers and employers, co-operation which has become institutionalised in Austria to a greater extent than in virtually any other democratic state. One consequence of this cooperation which is particularly beneficial to the economy is the fact that Austria has had no major strikes for many years, although industrial action cannot by law be prevented by the authorities nor lead to prosecution. In 1987 the time lost by strikes per head of the dependently employed work force came to 83 seconds. The Trade Union Federation The interests of the employees in Austria are represented by the Austrian Trade Union Federation (OGB), the Chambers of Labour and the Chambers of Agriculture. Membership of the OGB is voluntary, while the chambers are public corporations with compulsory membership. The OGB differs from most trade union organisations in other democratic countries in that it is non-party and highly centralised. Different political directions are represented by individual sections within the organisation, the biggest being the Socialist section. Altogether, some 60% of the Austrian labour force belong to the OGB. At the end of 1987 the OGB had a total membership of some 1,650,000. The OGB consists of fifteen unions, each of them subdivided into further trade and professional groups. One of the principal tasks of the organisation is the drawing up of collective agreements. The Chambers of Labour The Chambers of Labour are designed to support the OGB and the public authorities in any field where the interests of the employees are concerned. In accordance with Austria's federal system, there are nine individual provincial chambers which are represented at federal level by the Council of Austrian Chambers of Labour. Among the chambers' responsibilities are the appraisal of draft legislation, drawing up an economic and social basis for effective representation of the employees' interests, providing training and advice for employees and for the workers' councils, and public relations. Agricultural employees are represented by the Chambers of Agricultural Labour. Economic Chambers The economic chambers are public corporations representing the enterprises active in Austria's economic life. There are nine regional chambers and one at federal level. Each of the regional chambers, as well as the national or federal chamber, is divided into six sections: industry; commerce; trade; finance, credit and insurance; transport; tourism. And each section is split into further subgroups. The Federal Economic Chamber reviews draft legislation and, like the Chambers of Labour, is instrumental in shaping economic life through its activities on various advisory bodies. It supports the public administration and enters on collective agreements with the OGB. The Federal Economic Chamber also maintains trade centres in many foreign countries which provide a major contribution to the promotion of Austria's foreign trade. The Chambers of Agriculture, which represent the interests of those independently employed on the land, exist only at provincial level. There is central representation however at the Presidential Conference of Chambers of Agriculture. The Federation of Austrian Industrialists The Federation of Austrian Industrialists, founded in 1946, is a continuation of the tradition of a centralised industrialists' organisation which existed even in the days of the monarchy. It has a membership of 4,000 employers who, taken together, account for a work force of 420,000. In accordance with its significance the Federation exerts an influence on political decisions in the economic and social spheres. The Federation's constituent bodies are the general management, the management board and the governing body. There are also special committees which deal with such fields as economic, social, taxation and fiscal policy and foreign trade. The Federation has set up regional organisations and departments in the provinces. Economic and Social Partnership In Austria, employers and employees learnt considerably from the bitter years of the First Republic. In the course of the Second Republic, representatives of labour and industry came to realise that it is vital to work together on the preparation and execution of economic measures, always giving top priority to the requirements of the economy as a whole. In particular they saw, and still see the importance of close co-operation on keeping wages and prices in check, which means adopting a firm stand when demands are made by a particular group of interests within one's own ranks. This tradition of "economic and social partnership", as it has come to be known, is described by Fritz Klenner in the book "Osterreich. - Die Zweite Republik" as "not a new ideology and not a philosophy of life, but a new form of policy on the part of the unions and the employers, an adaptation to the modern system of social, if not economic equality and the consequent endeavour to settle differences impartially". Klenner goes on to confirm that labour and industry in Austria have indeed "settled their differences with more understanding and consideration for the common good than has been shown anywhere else in the world". The Parity Commission The policy is reflected particularly clearly in the work of the Parity Commission for wage and price negotiations. It is a voluntarily constituted forum with no legislative basis. The following bodies are represented on the Parity Commission: the OGB, the Chamber of Labour, the Federal Economic Chamber, the Presidential Conference of Chambers of Agriculture and the Ministries of Agriculture and Forestry, of Trade, Commerce and Industry, and of Social Administration. All of these meet under the chairmanship of the chancellor. Only the first four of the above bodies are entitled to vote. The Commission's decisions must be approved unanimously - a factor which significantly reinforces the process of compromise. The Parity Commission wields no legal power but the organisations represented on it can use their influence to bring its resolutions to bear on the groups whose interests they represent. Any plans for wage or price rises must be presented to the commission's wage or price subcommittee. The wage subcommittee considers such plans in the light of their overall economic implications and can then give the go-ahead for negotiations between the contractual partners on changing the terms of a collective agreement. But the subcommittee has no power to influence the substance of any new agreement reached, least of all the extent of any wage increases negotiated. In the case of the price sub-committee, the applicant must submit an objective justification for the requested price increase to representatives of the employees' organisations before any decision can be taken. If no agreement is reached the application is referred back to the plenary session of the Parity Commission. A special advisory committee for economic and social affairs draws up recommendations which the Parity Commission then presents to the government. The commission's analyses are frequently carried out with the help of independent experts. Austria's Position in the World The main aim of Austrian foreign policy is to maintain and strengthen the country's independence on all sides. In the Austrian view, this end can best be pursued by means of an active foreign policy which aims at a relaxation of tensions in Europe and which at the same time takes account of geographical, historical and political circumstances. The basis for such a policy is provided by the Federal Constitutional Law on the Neutrality of Austria, passed by parliament in Vienna on October 26th 1955. The Austrian government regards neutrality as a means of preserving Austria's independence and, at the same time, as a stabilising peace-keeping element within the international community. What Austria can give to the world are works and values which can only grow in an atmosphere of peace. Austrian policy is also aimed at the improvement of the wellbeing of the individual and among its foremost tasks are those of a humanitarian nature. Particularly in times of political crisis Austria, as one of the world's classical countries of asylum, gives temporary shelter to refugees applying for asylum. This function involves considerable organisation and economic problems. Every year several thousand refugees come to Austria; most of them wish to travel on overseas, but often the system of immigration quotas forces them to stay in Austria for a lengthy period. Co-operation at the United Nations In political practice, Austria's neutral status has proved advantageous for its participation in the life of the international community and adequate evidence of this is provided by Austrian co-operation at the United Nations. Austria has been a member of the UN since December 14th 1955 and has since played an active role in solving the wide range of problems facing the organisation. It has been a member of numerous commissions and committees, such as the Committee on the Peaceful Uses of Outer Space, whose chairman since 1961 has been an Austrian diplomat, the Sea Bed Committee, the Human Rights Commission, the board of the United Nations Conference for Trade and Development and the Industrial Development Board of the United Nations Industrial Development Organization (UNIDO). In 1963, 1976 and 1984 Austria was nominated for two three-year terms with the Economic and Social Council, the UN's main economic body, and was chosen in 1972 to serve on the Security Council for the 1973/74 term. At his first council meeting, the Austrian representative said that by the exhaustive use of the many possibilities presented by its independence and neutrality Austria would do its utmost to render valuable service, free of all bias, to this, politically the most significant of the UN's main bodies. Austria has always lent its active support to UN efforts to maintain world peace. Since 1960 Austria has contributed to UN peace-keeping missions in the Congo, on Cyprus and in the Middle East. Up to the end of 1987 a total of 25,000 Austrian UN soldiers were involved in these missions. Austrians holding international appointments The respect and trust which Austria enjoys in the world as well as the personal esteem in which Austria's former Foreign Minister and UN ambassador Kurt Waldheim is held were the reasons for his election to the office of United Nations Secretary General in 1971. Waldheim held this important post until late 1981. His terms of office saw many United Nations initiatives to maintain peace in the world's trouble spots. In 1986 Kurt Waldheim was elected Austrian President. Just as it is active at an international level in the framework of the United Nations, Austria also plays a part in European affairs at the Council of Europe, of which it became a member on April 16th 1956. Two Austrians have been appointed Secretary General of the Council of Europe. Lujo Tonscic-Sorinj served in this position from 1969 to 1974 and Franz Karasek from 1979 until 1984. From 1975 to 1978 the Austrian parliamentarian Karl Czernetz was president of the Council of Europe's consultative assembly. Austria is signatory to most of the council's conventions, including the European Convention for the Protection of Human Rights and Fundamental Freedoms. In 1987 Gerald Hinteregger was appointed Executive Secretary of the United Nations Economic Commission for Europe (ECE), in which capacity the holds the rank of Assistant Secretary General of the UN. In April 1988 Georg Reisch took over the post of EFTA Secretary General. Vienna as a Congress Centre Austria's neutrality, its geographical position at the heart of Europe and its active participation in world affairs have meant that its capital, Vienna, has emerged increasingly as a centre for international congresses and conferences. Major international organisations have also made the city their permanent headquarters. Since 1957, Vienna has been the headquarters of the International Atomic Energy Agency (IAEA) and since 1967 the home of the United Nations Industrial Development Organization (UNIDO). The Vienna International Centre, known locally as the United Nations City, was constructed in the Danube Park to accommodate these and other United Nations sub-organisations. Vienna has now become one of the permanent seats of the United Nations. OPEC, the Organisation of Petroleum Exporting Countries, has also had its permanent headquarters in Vienna since 1965. In 1961, Vienna was the scene of the meeting between John F. Kennedy and Nikita Khrushchev, and it was the venue in 1970, 1971 and 1972 for the Soviet-American talks on the limitation of strategic arms (SALT). It was here in June 1979 that Presidents Jimmy Carter and Leonid Brezhnev signed the SALT II agreement. Vienna was also chosen as the setting for the talks on east-west force reductions in Central Europe, which began in 1973. Austria aims not only to promote understanding between East and West but is also actively committed to the quest for a solution of the Middle East conflict and to the North-South Dialogue. The much-publicized proposals for a "Marshall Plan for the Third World", to be financed by the industrialised and oil producing nations, are an Austrian initiative. Austria was also entrusted with hosting the third follow-up Conference on Security and Cooperation in Europe (CSCE). This review session opened in Vienna in early November 1986. In May 1987 the conference moved to the newly-constructed Austria Center Vienna, located next to the Vienna International Centre. The new conference facility is Europe's second-largest and has a capacity of up to 9,500 conference delegates. Good Neighbours Austria's neighbours are NATO members Italy and the Federal Republic of Germany, Warsaw Pact states Czechoslovakia and Hungary, non-aligned Yugoslavia, permanently neutral Switzerland and the principality of Liechtenstein, which is part of a customs and currency union with Switzerland. Austria wishes to co-operate with all countries, regardless of their system, and maintain friendly relations with all nations. The Austrian government advocates a policy of settlement and detente and will apply itself in particular to the further development of constructive relations with neighbouring states. As a neutral state at the heart of Europe, Austria welcomes all efforts towards the maintenance and consolidation of peace. Agreement on South Tirol It was in accordance with this policy of good neighbourly relations that, after difficult negotiations with Italy, a way was found of solving the problem of the South Tirol, that section of the province south of the Brenner Pass that was ceded to Italy following the first world war by the terms of the Treaty of Saint Germain. All attempts on the part of Austria, after both the first and second wars, to ensure the right to self-determination for the South Tirol met with failure. The government in Vienna then sought to secure autonomy for the area in the course of direct negotiations with Italy. These led to the Paris Agreement of 1946 but there then followed a dispute about the implementation of the agreement's terms. Legislation passed in Rome in 1948 and designed to provide autonomy in fact merged the province of Bolzano (i.e. South Tirol) with the neighbouring province of Trentino. The ensuing controversy, in the course of which Austria appealed to the United Nations, lasted years, but negotiations eventually led in 1969 to the so-called South Tirol package deal, which included a list of measures designed to improve the position of the province and an "operational calendar" or timetable for their implementation. The package foresees the transfer to Bolzano of the larger share of regional authority over Trentino/Bolzano and also increased authority at a national level. When all the terms of the autonomy agreement have come into effect, Austria is to issue a statement announcing that it considers the Austro-Italian dispute over the implementation of the Paris Agreement ended.