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Austria: Serious and Persistent Human Rights Violations

05/09/2000

We are forwarding this action that originated with Hosi-Wien in Austria.

You can find more information about Hosi-Wien and about the action itself at http://www.hosiwien.at/

Thank you,

The International Gay and Lesbian Human Rights Commission (IGLHRC)

FORWARDED ACTION: SUPPORT THE ACTION AGAINST AUSTRIA

Subject: Fwd: [E-Q] SUPPORT THE ACTION AGAINST AUSTRIA Date: Sun, 28 May 2000 22:20:57 +0100

Dear friends,

In recent weeks, there are increasing numbers of reports that Austria's 14 EU partners are trying to find a way to end their measures imposed on Austria after the right-extreme Freedom Party had entered the Federal Government in Vienna. HOSI Wien, Austria's leading lesbian and gay rights organisation, considers such a move to be very unfortunate and detrimental to the situation of gays and lesbians in Austria. HOSI Wien, therefore, has written again to all prime and foreign ministers of the other 14 EU member states (see letter below which can also serve as a model letter for you).

WE NEED YOUR HELP, ESPECIALLY FROM GAY AND LESBIAN ORGANISATIONS IN THE EU MEMBER STATES. Please, support our struggle and

  • write to your government and support our demands for the repeal of Art. 209 and the release of all prisoners sentenced and jailed according to this article
  • publish your letters as open letters, issue press releases, talk to your national media and your journalist contacts
  • raise awareness about this human rights abuse in Austria, especially in those countries where there seems to be a majority that does not support the sanctions against Austria.

You will find all background information on HOSI Wien's web-site (www.hosiwien.at, look for the "international site"), including our first letter dated 4 February, and an updated fact sheet which will be very useful for your argumentation. Nicole Fontaine, president of the European Parliament, has recently stated that Austria is in breach of Article 6 of the Treaty on European Union by upholding this law that is a clear violation of human rights.

Please, report back to us about any activity, any replies you receive and any media coverage you may spark off.

We thank you very much in advance.

Best regards,

Kurt Krickler
secretary-general of HOSI Wien
office@hosiwien.at

MODEL LETTER:

SERIOUS AND PERSISTENT HUMAN RIGHTS VIOLATIONS IN AUSTRIA
NO LIFTING OF THE MEASURES AGAINST AUSTRIA WITHOUT REPEAL OF ART. 209

Dear ,

We, Austria's largest lesbian and gay human rights association, are writing again to you with regard to the serious and persistent violation of the human rights of homosexuals in Austria. As we already explained in our letter dated 4 February, to which we regrettably did not receive a reply, Austria is violating the European Human Rights Convention by upholding a higher age of consent provision for homosexual relations (18 years) than for heterosexual relations (14 years) - Article 209 of the Austrian Penal Code. Austria is ignoring both the opinion of the European Human Rights Commission, a request to repeal Article 209 issued by the UN Human Rights Committee and five resolutions adopted by the European Parliament in 1997, 1998 and 2000. Please, find the relevant details in the up-dated fact sheet enclosed.

These days there are increasing media reports about a possible move of Austria's 14 EU partners to lift their measures against Austria introduced after the entry of the FPÖ in the new government. In this context we appeal to you and your colleagues of the other 13 EU Member States to make the repeal of Article 209 and the release from prison of all people jailed under this law one of the conditions for lifting the measures.

Lifting the measures without such a condition would be a terrible signal and a slap in the face of Austria's gay and lesbian population and especially of those eleven men currently imprisoned on the basis of a provision that is a breach of the European Human Rights Convention. Lifting the measures against Austria without stopping such a blatant human rights abuse would reveal your Government and your motives for imposing the measures as not credible. The public would not understand why your Government would suddenly give Austria carte-blanche for continuing her persistent and severe human rights violation. This would also be a very bad signal to the new Austrian Government composed of those two parties that, on two occasions, voted down the repeal of Article 209 in the previous Parliament. The ÖVP-FPÖ coalition would feel confirmed and strengthened in its discriminatory attitude and action against homosexuals.

When Austria joined the EU, there were no Copenhagen criteria for accession countries nor a provision such as Article 7 TEU of the Amsterdam Treaty. While the new candidate countries will have to respect all human rights, and thus will have to repeal any existing discriminatory age of consent provision before accession (see European Parliament resolutions B4-0824 and 0852/98, recital J and para. 2, and A5-0050/2000, para. 76), Austria kind of sneaked into the EU without a proper human rights check. If Austria was a candidate country today, it clearly would not meet these criteria.

We appeal again to you to not make your Government and your country an accomplice to the human rights violations in Austria and to not lift the measures against Austria before Article 209 has been lifted and all Article 209 (sexual)political prisoners of conscience have been released from prison. We have sent similar letters to your colleagues in the other 13 Member States.

We hope that the human rights of lesbians and gay men are important enough for you to act and we look forward to receiving, this time, a reply from you.

Sincerely,