ANNUAL REPORT 2010

Ludwig Boltzmann Institute Human Rights

© Ludwig Boltzmann Institute of Human Rights – LBI and Research Association A-1010 Vienna, Freyung 6 (Schottenhof), Hof 1, Stiege II +43/1/4277-27420, [email protected], http://bim.lbg.ac.at Photo: Steffi Dittrich Vienna, August 2011

Content

Events BIM Conferences and Workshops 5 Lectures, Panel discussions, Presentations, Trainings 8 Brown Bag Lunch 19 Public Lecture Series 20 Expert Workshops/ Inter-University Round Table 21 Cinema and Human Rights 21 University courses 21

Publications BIM Study Series 23 Monographs 24 Co-edited 24 Individual Publications and Articles 25 Studies, Working Papers, Reports, Materials 26 Expert Opinions and Statements 28 Periodicals 28 polis aktuell Monthly paper for teachers and multipliers 28 Development Co-operation Newsletter 29

Finances

Staff Team of directors 31 Permanent staff 31 Research Fellows 34 Twinning Experts 34 Temporary staff, freelancers 34 Volunteers, academic trainees, interns 35 Board and auditors BIM Research Association 35 Board of trustees BIM Research Association 35

Projects

Events

BIM Conferences and Workshops

Information event/1st meeting of the network “Vielfalt und Chancengleichheit im Betrieb“ 10 February 2010, Vienna The meeting was addressed to business representatives and their works councils, interested in the consultancy and training activities on diversity and equal opportunities that were being offered in the context of the project “Vielfalt und Chancengleichheit im Betrieb”. In cooperation with the Austrian plaintiff organisation for rights of vicitims of discrimination, ZARA – civil courage und anti-racism work, respACT – austrian business council for sustainable development and the GPA-djp – Union of Private Employees – Print-Journalism-Paper.

Fundamental Rights Training for Judgeship Trainees 16 to 18 February 2010, Hotel Flackl, Reichenau/Rax Three-day seminar in the context of the job training of Austrian judgeship trainees, organised and conducted by the BIM together with the Association of Austrian Judges (Fundamental Rights Depart- ment). Lecturers: Astrid Steinkellner, Christof Tschohl and Hannes Tretter

Civil society peace-building round tables as part of the project „Strengthening European partner- ships for crisis prevention and response” 12 to 13 April 2010 and 9 July 2010, Tbilisi Together with the Georgian International Center on Conflict and Negotiation BIM organised two round table sessions on the role of Georgian civil society in peace-building and conflict prevention. The events were attended by Georgian civil society actors, including representatives of vulnerable groups particularly affected by conflict, BIM experts as well representatives of EU institutions and missions. In a participatory process, which was sustained also between and after the round table events, the par- ticipants elaborated concrete recommendations on how to strengthen the third sector in confidence- and peace-building, crisis prevention and reconciliation.

2nd meeting of the network “Vielfalt und Chancengleichheit im Betrieb“ 14 April 2010, Vienna The second meeting of the business network provided for input on the legal basics concerning diver- sity in the company, presented by Volker Frey (Klagsverband), as well as room for experience ex- change on the topic, facilitated by Astrid Steinkellner.

Rights for Everyone?! – Training programmes on how to get along with everyone in daily life 23 April to 7 May 2010, Vienna Workshops on social behaviour for school classes at WUK Kinderkultur organised by Zentrum polis. Further workshops throughout Austria took place during the course of the year.

EDC Action Days 2010 23 April to 9 May 2010, throughout Austria During the annual action days organised by polis, Austrian schools and other educative organisations focused on new ways out of poverty and social exclusion.

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Compasito campaign in front of the parliament 26 April 2010, Vienna The launch of Compasito-Online was welcomed in cooperation with the Demokratiewerkstatt of the Austrian Parliament, the President of the National Council Barbara Prammer and a school class.

Slow Dating: Players of citizenship education – Who´s Who? 4 May 2010, Vienna This event brought together important players of citizenship education in Austria with a focus on com- bating poverty and social exclusion.

Anti-Discrimination, Concepts and Tools 31 May 2010, Vienna Seminar as part of the project “The Europe of Minorities: impact of the case law of the European Court of Human Rights in relation to gays and lesbians, transexuals and migrants”. Furthermore, Barbara Liegl and Katrin Wladasch participated in three working conferences of the pro- ject in Bologna (19 – 21 February and 24 June 2010: Equality Bodies and their role in promoting anti- discrimination legislation and policies) and London (22 – 25 April 2010).

LARRGE final conference: The Labour-Rights-Responsibilities-Guide for Successful CSR Man- agement – A Matter of Size? 1 June 2010, Brussels Final event of the EU PROGRESS funded project “Labour-Rights-Responsibilities-Guide” (LARRGE) and presentation of the LARRGE Guide, an online handbook containing evalutions of approx. 60 in- ternationally used CSR tools, by Barbara Linder, Astrid Steinkellner and Karin Lukas.

3rd meeting of the network „Vielfalt und Chancengleichheit im Betrieb“ 16 June 2010, Kulturkontakt Austria, Vienna The third network meeting was introduced by Barbara Liegl, giving a brief presentation on the potential of the new Austrian diversity management standard, followed by “World Café” discussions on the measures and structures necessary for anchoring diversity within a company.

Workshop on the possible solutions for the establishment of an NPM in Romania 21 to 22 June 2010, Bucharest In the course of the second Workshop in the framework of the Twinning Light project on the estab- lishment of a National Preventive Mechanism in Romania, Moritz Birk, Julia Kozma and Hannes Tret- ter discussed with State representatives and civil society conditions and possible models of such a mechanism.

UNODC global HIV staff training: Human Rights and HIV 14 July 2010, Vienna On the occasion of the international HIV/AIDS Conference in Vienna, Manfred Nowak, Moritz Birk, Tiphanie Crittin, Simon Flacks, Julia Kozma, Julia Planitzer and Roland Schmidt trained some 100 UNODC HIV field professionals from 55 different countries on the subject of human rights.

Fundamental Rights Training for Judgeship Trainees 14 to 16 September 2010, Hotel Flackl, Reichenau/Rax Three-day seminar in the context of the job training of Austrian judgeship trainees, organised and conducted by the BIM together with the Association of Austrian Judges (Fundamental Rights Depart- ment). Lecturers: Astrid Steinkellner and Christof Tschohl

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4th meeting of the network „Vielfalt und Chancengleichheit im Betrieb“ 21 September 2010, Vienna The fourth and last meeting of the network was dedicated to a practical exchange among member companies. Representatives of 5 companies, including equalizent Schulungs- und BeratungsGmbH, IBM Österreich, IKEA Austria GmbH, Kulturkontakt Austria sowie die UniCreditGroup - Bank Austria, presented their acitivities and ideas in the area of diversity, and put it up for discussion with the other participants. Astrid Steinkellner

Closing-conference of the EU Twinning Project "Development of work with juveniles and victims by the Turkish National Probation Service 28 September 2010, Ankara The Ludwig Boltzmann Institute of Human Rights took part together with the Center of Competence for Victim Support of Weißer Ring Austria in a two-year Twinning project under the lead of the British Min- istry of Justice. The project's final conference was attended by the Turkish Minister of Justice Sadullah Ergin and British Justice Secretary Lord McNally in Ankara.

Women's Participation and Leadership in Conflict Situations and Peace Building: Challenges and the way forward 20 October 2010, Diplomatic Academy, Vienna organized by the Austrian Development Agency (ADA), CARE and VIDC. The Ludwig Boltzmann Insti- tute was responsible for the documentation.

LARRGE Launch Austria: Unternehmenspraxis und Menschenrechte - Workshop & Presentation of the LARRGE Guide 3 November 2010, Oesterreichische Kontrollbank AG (OeKB), Vienna On the occasion of the presentation of the Labour-Rights-Responsibilities-Guide (LARRGE) in Austria, companies were invited to participate in free-of-charge workshops, conducted by Manfred Nowak, Karin Lukas and Barbara Linder, on questions like how to successfully integrate international labour standards and other human rights in business conduct. The two working groups on supply chain man- agement and human rights risk management were addressed to companies, both, experienced in the field of CSR as well as seeking for a first overview on the topics and their implications for daily busi- ness practice. This event was planned and organised in cooperation with the Austrian Global Compact network and respACT – austrian business council for sustainable development.

Compasito Workshop at the Educational Fair Interpädagogica 11 November 2010, Linz This workshop is considered for all those teachers, who want to bring human rights education into classroom. At the fair the participants could get an impression of the workshop.

Final event/presentation of the handbook „Vielfalt und Chancengleichheit im Betrieb“ 16 November 2010, Vienna The „Leitfaden Vielfalt und Chancengleichheit im Betrieb“, elaborated in the course of the same-titled project between February and October 2010, was presented to the members of the business network and other interested companies as well as civil society, complemented by presentations and discus- sions on different aspects of diversity and equal opportunities in daily business practices

Kick-Off Event of the EU Twinning Project „Promoting Gender Equality in Working Life“ 1 December 2010, Ankara The bilateral partnership project, implemented by the German Federal Ministry of Labour and Social Affairs and the BIM jointly with the Turkish Ministry for Labour and Social Security, has officially

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started in mid-September 2010. A public kick-off event took place in Ankara on 1 December 2010 with more than 150 guests. Representatives of the project partner institutions introduced the project and its objectives and talked about gender equality in the international and European context.

FRA-Round Table: EU Fundamental Rights Architecture and its influence on Austria since the Treaty of Lisbon 6 December 2010, Austrian Parliament, Vienna Round Table hosted by Barbara Prammer, President of the Austrian Parliament

Voting at 16: Elections, democracy and politics (Don´t care about politics?!) ongoing, throughout Austria These workshops by Zentrum polis focus on giving teenagers an understanding of democracy and the importance of elections.

Human Rights Education ongoing, throughout Austria These workshops by Zentrum polis focus on human rights and children rights. Nine schools made use of this offer in 2010.

Workshops and training courses for teachers ongoing, throughout Austria Zentrum polis offers workshops and training courses for teachers and prospective teachers in coop- eration with the University Colleges of Teachers Education. This year seminars within the framework of the training course of citizenship education took place again at the University of Krems.

Lectures, Panel discussions, Presentations, Trainings January 2010

An Agenda for Human Rights with special focus on a World Court of Human Rights ISI Foighel Lecture by Manfred Nowak, Danish Institute of Human Rights/Danish Ministry for Foreign Affairs, Copenhagen, 15 January

The consultancy approach of the Ludwig Boltzmann Institute of Human Rights taking the ex- ample of the Austrian OMV Presentation and debate at the Jour Fixe of the Network Social Responsibility, Karin Lukas, Vienna, 18 January

Effective mechanisms for monitoring and reviewing international treaties Presentation by Manfred Nowak at the Side Event “Reviewing Implementation of the Human Traffick- ing Protocol: A victim centered approach” on the occasion of the “Second Meeting of the Open-ended Intergovernmental Meeting of Experts on Possible Mechanisms to Review Implementation of the UN Convention against Transnational Organized Crime and the Protocols thereto”, Vienna International Centre, 25 January

February 2010

The digital human being Lecture by Hannes Tretter at the Viennese Advocates Talks of the 38th European Presidents Confer- ence, Vienna, 12 February

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Protecting Dignity: An Agenda for Human Rights Presentation of the paper “climate change and human rights” by Margit Ammer at the National Human Rights Committee, Regional Seminar, Doha, 22 February

Theme Day Children’s Rights Presentation and discussion with Helmut Sax on „Children’s rights – children and young people as partners of Austrian Development Cooperation“, Workshop for staff members of the Austrian Devel- opment Agency, Vienna, 23 February

Presentation „Death Penalty and Human Dignity“ Presentation by Manfred Nowak at the 4. Congrès Mondial Contre la Peine de Mort, Geneva, 24 Fe- bruary

The Relevance of Human Rights for Companies Corporate Social Responsibility Seminar held by Karin Lukas, Bad Blumau, 26 February

March 2010

Torture in the 21st Century Experiences of the UN Special Rapporteur on Torture Presentation by Manfred Nowak at the TLCP Symposium 2010 “A Critical Juncture: Human Rights & U.S. Standing in the World under the Obama Administration”, University of Iowa/College of Law, Iowa City, 5 March

Exploring sustainable systems to document torture – the role of health professionals Participation of Manfred Nowak in a panel discussion on the Side event to the 13th session of the UN Human Rights Council, IRCT/WMA, Geneva, 9 March

Peut-on négocier la paix avec des criminels de guerre Participation of Manfred Nowak in a panel discussion on the occasion of the Festival du Film et Forum International sur les droits humains (FIFDH), Geneva, 10 March

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Presentation by Manfred Nowak at the Geneva Academy Lecture Series, Genva Academy of interna- tional humanitarian law and human rights/Festival du Film et Forum International sur les Droits Hu- mains, Geneva, 10 March

Presentation of a legal draft for an amendment to the Telecommunications Act (TKG) in the course of the 8. Conference on IT Fraud in Salzburg Christof Tschohl presented the process of drafting the amendment to TKG, with which the “Data Re- tention Directive” (2006/24/EC) is supposed to be transformed into Austrian law. After a short overview as to the reason for taking over the assignment of drafting the law upon the request of the Ministry for Transport, Innovation and Technology (BMVIT), which was accepted in order to find a way for trans- posing the directive which interferes as less as possible with fundamental rights, he continued to de- scribe the process of elaborating the draft and briefly displayed the core content of it. An overview over the situation in other member states concluded the presentation, Salzburg, 10 to 11 March

Communication in asylum procedures from a human rights perspective Workshop and presentation by Margit Ammer in the framework of the project „Interfaces“ – The co- operation of science and practice to improve the communication with procedure parties from African countries in asylum and criminal procedures, University of Vienna, 12 March

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Religion in Prison: Chaplains Confronted with Torture Participation of Manfred Nowak in a panel discussion on the Side event to the 13th Session of the UN Human Rights Council, International Commission of Catholic Prison Pastoral Care (ICCPPC), Ge- neva, 12 March

International Human Rights and Humanitarian Law and Institutions; Mechanisms for Human Rights Protection at International and Regional Level Special course on Human Rights with Julia Kozma at the Austrian Study Center for Peace and Conflict Resolution, Stadtschlaining, 22 March

Proposal for a World Court of Human Rights Presentation of a concept for a World Court of Human Rights by Manfred Nowak, Julia Kozma and Martin Scheinin on the occasion of the COST Working Group 1, Leuven, 26 March

April 2010

Cinemagic movie talks “Beautiful Bitch” Participation of Helmut Sax in the Movie talks on the topic of child trafficking in Austria, as part of the presentation of the movie “Beautiful Bitch“ (Germany, 2007) for school classes at cinemagic cinema, Vienna, 8 April to 10 December

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – Experience of the Special Rapporteur on Torture Lecture by Manfred Nowak at the Loyola Law School and the Pomona College, Los Angeles, 8 to 9 April

Torture as a Tool in the War on Terror and Legal Obligations of the Obama Administration Lecture by Manfred Nowak at the Pomona College, Los Angeles, 8 April

Measuring integration Participation of Barbara Liegl at the presentation of the 1st Vienna Integration and Diversity Monitor of the City of Vienna, Vienna, 9 April

Twelfth United Nations Congress on Crime Prevention and Criminal Justice Participation of Manfred Nowak at the 12th UN Congress on Crime Prevention and Criminal Justice “Children, Youth and Crime” – Opening address “Pretrial Detention and Torture” – Ancillary Meeting “Prioritising Pretrial Justice: Transformative Sys- tems that “Contribute to Socio-Economic Development and the Rule of Law”, “The need for a Convention on the Rights of Detainees” – Ancillary Meeting “History and significance of OPCAT” – Ancillary Meeting “Visiting Mechanisms and Transparency in Prison - UN-OPCAT and Worldwide Development” “Inspections of Places of Detention” – Podiumsdiskussion “Conditions of Detention and the Need for a UN Convention on the Rights of Detainees” – Vortrag “HIV/AIDS in Prison Settings” – Ancillary Meeting “HIV and Criminal Justice” Salvador/Brasil, 12 to 17 April

Civil Society Platform Meeting Participation of Katrin Wladasch at the 3rd Meeting of the Civil Society Platform of the Fundamental Rights Agency, Vienna, 15 to 16 April

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Workshop Children’s Rights Training workshop on children’s rights by Helmut Sax for staff members of WienXtra (Vienna-based service institution for leisure activities, information and advice for children, families and young people) and Vienna youth municipal department (MA 13), Vienna, 19 April

What’s Climate Change got to do with it? Climate change and new migration flows: climate mi- gration impacts on EU immigration and asylum policy Lecture by Margit Ammer in an Expert meeting of the Heinrich Böll Foundation Croatia, Zagreb, 23 April

Stolen Childhood – Children in War and Flight Presentation and discussion with Helmut Sax on child soldiers and child rights protection, organised by the Vienna Institute for International Dialogue and Cooperation (VIDC). Vienna, 27 April

Labour rights in global production networks Lecture held by Karin Lukas at the chamber of labour, Linz, 28 April

Rights of “Digital Citizens” Participation of Christof Tschohl in a “Webinar” (recorded online seminar) on the possible future of the Internet. The contribution was included in the book ZukunftsWebBuch2010 edited by the „Semantic Web Company“, 28 April http://www.zukunftsweb.at/aktuell/digital-citizen-oder-user-ohne-rechte

Diversity Training Workshop held by Katrin Wladasch together with Susi Bali at the Hotel Intercontinental, Vienna, 29 April

May 2010

Protection and reparations for "climate refugees": imperatives and options Participation of Margit Ammer at the Conference, organised by Bread for the World et al (comment to keynote speech of Prof. Biermann and participation on panel), Chavannes-de-Bogis, 3 to 4 May

The Protection of Human Rights Course held by Manfred Nowak at the Diplomatic Academy, Vienna, 4 May

Symposium on “Racism – a social and political construction” Lecture by Barbara Liegl at the Symposium “Racism – a social and political construction at the Sir Peter Ustinov Institute, Vienna, 10 to 11 May

A World Court of Human Rights: how would it work?” Sydney Ideas Open – Evening talk with Manfred Nowak, University of Sydney, Sydney, 13 May

Human Rights and Gender Seminar held by Julia Kozma as part of the training programme of the Diplomatic Academy for young diplomats and civil servants from the Carribean, East- and Southeastern Europe and Kazakhstan, 17 to 20 May und 17 to 18 August

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Equality Bodies and Challenges of AD Legislation Seminar held by Barbara Liegl and Katrin Wladasch in the framework of the project “Twinning Support to the Ombudsman of the Republic of Serbia” (SR 07 IB JH 01), Belgrade, 19 May

Independent monitoring of places of detention - CPT, Human Rights Advisory Board and the current OPCAT debate Presentation by Julia Kozma in the framework of a TAIEX project implemented by the Austrian Minis- try of Justice, in the course of which high ranking representatives of the Jordanian Ministry of Justice were informed about the Austrian system of visits to as well as monitoring and inspections of places of detention, Vienna, 20 May

Climate Change and Human Rights: The Status of Climate Refugees/Migrants in Europe Presentation by Margit Ammer in the framework of the Research Colloquium “Climate and Environ- mental Change: Challenges for Migration Research” of the Centre on Migration, Citizenship and De- velopment (COMCAD) at the University of Bielefeld, Bielefeld, 26 May

Diversity Training Workshop held by Katrin Wladasch together with Susi Bali at the Hotel Intercontinental, Vienna, 28 May June 2010

There Once was an Island: Te Henua e Nnoho Julia Kozma chaired a panel discussion after the screening of a film on climate refugees in the Top Kino in Vienna; the panel included the BIM expert on climate refugees, Margit Ammer, Vienna, 1 June

European Human Rights Protection: Common Bases, Interactions and Challenges“ Presentation by Hannes Tretter for a Japanese Delegation, Vienna, 3 June

Threats to Human Rights in the 21st Century Participation of Manfred Nowak, Louise Arbour, Marcia Kran, Bertie Ramcharan at the 23rd annual meeting of the Academic Council on the United Nations System (ACUNS) with the main topic “New Security Challenges”, Vienna, 4 June

The New European Fundamental Rights Architecture Lecture by Hannes Tretter at the University of Podgorica, Podgorica, 7 June

Introduction to the Convention against Torture Lecture by Manfred Nowak at the Academy of Law/Law Society of Hong Kong, Hong Kong, 7 to 8 June

Labour rights in global production networks Presentation by Karin Lukas, Working Group 3 „The UN Human Rights Partnerships“ of the COST Action “The role of the EU in the UN Human Rights Reform„, Copenhagen, 11 June

United Nations Human Rights System Lecture by Manfred Nowak at the American University/Washington College of Law, Washington DC, 14 to 18 June

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A legal draft for an amendment to the Telecommunications Act (TKG) At the in the course of the 4th Austrian IT-Law Day Christof Tschohl presented the process of drafting the amendment to TKG, which will implement the “Data Retention Directive” (2006/24/EC) into Aus- trian law. Vienna, 17 to 18 June

Ich bin so wie ich bin – Das Menschenrecht ich selbst zu sein During the first International Autism Conference in Vienna Julia Kozma held a speech on the UN Con- vention on the Rights of Persons with Disabilities and the effects of this convention on Austria, Vienna, 18 June

Fostering Dialogue among Stakeholders in European Research Participation of Barbara Liegl at the conference “Gender and Migration Policy” of the National Re- search Council, Rome, 18 June

The EU Data-Retention Directive and the Austrian draft of transformation into national law Christof Tschohl presented the process of drafting the amendment to the Austrian telecommunication law at the “Vorarlberger Lawyers Society”, Bregenz, 21 June

Child poverty and children’s rights Workshop by Helmut Sax as part of the Annual Conference of the Austrian Federation of Social Work- ers, Dornbirn, 21 to 22 June

Value-based foreign policy? Participation of Manfred Nowak in the European Talk at the Juridicum, Vienna, 24 June

Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements The authors of the study, Karin Lukas and Astrid Steinkellner, presented their findings and conclusions in an event, jointly organised by the AK Europa and the ÖGB Europabüro (the Brussels offices of the Austrian Federal Chamber of Labour and the Austrian Trade Union Federation) at the premises of the European Parliament, followed by a high-level panel discussion comprising members of the European Parliament, the DGs Employment and Trade of the European Commission as well as the European Trade Union Confederation. Brussels, 29 June

Institutional and Non-Governmental Responses and the Use of International Mechanisms Against Enforced Disappearances Lecture by Manfred Nowak for Aim for Human Rights, Geneva, 29 June

July 2010

Strategies for Development and Poverty Reduction Participation of Manfred Nowak in the panel discussion with Amartya Sen, Bernd Eisenblätter, Maria Teresa Beleza, Guy Haarscher, Giorgi Sacerdoti at the Venice Academy of Human Rights, European Inter-University Centre, Venice, 15 July

Human Rights Council Review of the UPR and Special Procedures Lecture by Manfred Nowak at the EIUC Diplomatic Conference “The 2011 Review of the Human Rights Council”, Venice, 16 July

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A Human Rights Based Approach to Poverty Reduction Strategies Lecture by Manfred Nowak at the Venice Academy of Human Rights, European Inter-University Cen- tre, Venice, 16 July

Environment and Migration Presentation of Margit Ammer in the framework of the Summer School NILAS at the Central European University, Budapest, 16 July

Criminal Justice and Public Health: finding the balance Participation of Manfred Nowak at the Parliamentary Meeting on the occasion of the XVIII Internation- alen AIDS Conference, Austrian Parliament/Inter-Parliamentarian Union (IPU), Vienna, 20 July

The Role of the UN Special Rapporteur on Torture Presentation of Manfred Nowak on the occasion of the Special Event “What have you done for HIV/AIDS Lately? The Role of Human Rights Mechanisms in Advancing the AIDS Response”, XVIII International AIDS Conference, Vienna, 20 July

HIV and Incarceration: Prisons and Detention Lecture by Manfred Nowak at the Plenary Session, XVIII International AIDS Conference, Vienna, 23 July September 2010

From Vision to Reality: A new and holistic approach in fighting corruption Keynote-Speech by Manfred Nowak on the occasion of the opening conference of the International Anti-Corruption Academy (IACA), Hofburg, Vienna 2 September

Training on the Human Rights Manual In preparation to the Austrian Development Agency’s annual meeting of coordination offices, Manfred Nowak and Christine Sommer held a training on the human rights-based approach in Austrian devel- opment cooperation. Participants included the heads of the coordination offices, as well as representa- tives of the Austrian Foreign Ministry/Department VII and staff of ADA headquarters, Vienna, 3 Sep- tember

Study visit Landgericht Frankfurt am Main A group of junior lawyers coming from the district court of Frankfurt am Main, Germany, having chosen Vienna as destination for a study trip, visited the BIM to learn more about the research conducted at the institute. Astrid Steinkellner presented the organisation and the work of the BIM to them and in- formed them of the option to select the BIM as a “location of choice” in the context of the German legal clerkship, Vienna, 7 September

Study visit Landgericht Marburg Another group of junior lawyers from the district court in Marburg, Germany, came to see the BIM in the course of their study trip to Vienna. Astrid Steinkellner introduced the tasks carried out at the insti- tute to them, and discussed the latest questions and human rights challenges with them, Vienna, 8 September

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The Crime of Torture Presentation by Manfred Nowak at the Conference on the occasion of the 40th anniversary of the In- ternational Institute for Humanitarian Law „Global Violence: Consequences and Responses”, Interna- tional Institute of Humanitarian Law, Sanremo, 10 September

Reform of UN Human Rights Mechanisms Annual Conference of the Association of Human Rights Institutes (AHRI) “Reforming Human Rights Institutions: Progress and Status” Participation of Julia Kozma and Manfred Nowak at the Annual Conference of the Association of Hu- man Rights Institutes (AHRI) and COST-Conference “Reforming Human Rights Institutions: Progress and Status” organized by the Icelandic Human Rights Centre/Norwegian Centre for Human Rights, Reykjavik, 13 and 14 September

On the path to more Equality - Elaboration of a Mission Statement on Diversity Workshop by Katrin Wladasch, Hotel Intercontinental, Vienna, 14 September

Training on the Human Rights Manual for field staff Upon publication of the Austrian Development Agency’s Human Rights Manual Manfred Nowak und Christine Sommer trained staff of ADA’s coordination offices in Uganda, Mozambique, Burkina Faso and Ethiopia, as well as East Africa-based staff of Horizont3000 in the implementation of the manual and the human rights-based approach, Kampala, Uganda, 17 to 18 September

Torture in the 21st Century – Experiences of the UN Special Rapporteur on Torture Presentation by Manfred Nowak, , Kampala, Uganda, 21 September

First Annual Conference on Migration and Integration Research in Austria Presentations by Barbara Liegl, Margit Ammer and Katrin Wladasch, Vienna, 21 September

On the path to more Equality – Potentials of Equal Treatment Institutions in Austria Presentation by Katrin Wladasch in the framework of the First Annual Conference on Migration and Integration Research in Austria, Vienna, 22 September

Torture – A Brutal Instrument of Power Lecture held by Manfred Nowak for AmPuls – Panel Series, Fonds zur Förderung der wissen- schaftlichen Forschung/Austrian Science Fund (FWF), Vienna 22 September

Austrian CSR Day 2010: Workshop VALUES Last year’s CSR Day, organised by respACT – austrian business council for sustainable development, was under the motto “Vision 2050: The new agenda for business”. In the morning session, the concept of a road map into a sustainable future, elaborated by WBCSD (World Business Council for Sustain- able Development) was presented and subsequently analysed and discussed with representatives of business, politics and civil society. In the afternoon, ten workshops on different topics took place, in- cluding a workshop on „values” starting off with a short keynote address by Geoff Lane, Pricewater- houseCoopers UK facilitated by Astrid Steinkellner and Alfred Strigl (plenum), OMV AG, Vienna, 24 September

Fundamental rights in criminal procedures During the training days of the Austrian Association of Judges – Criminal Section Hagen Nordmeyer (Judge of the Supreme Court) and Christof Tschohl jointly discussed recent judgments of the Supreme Court (OGH) in criminal matters in the light of relevant decisions of the European Court of Human Rights (ECtHR). 23 to 24 September

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The Future International Manager: Trapped between CSR, Sustainability, Diversity, and Finan- cial Profitability Participation of Barbara Linder in the panel discussion at the Research Institute for Managing Sustain- ability and Gender and Diversity Management Group of the Vienna University of Economics and Busi- ness. The panel discussed the multiple and sometimes diverging expectations of today’s managers. The panellists contributed their environmental, human rights and economic perspectives on how to deal with these challenges. The discussion targeted participants of the CEMS course at the University of Economics, company representatives, consultants and representatives of public functions, Vienna, 28 September

October 2010

The UN Special Rapporteur on Torture. Experiences and Challenges Research visit by Manfredt Nowak at the Danish Institute of Human Rights, Copenhagen, 4 and 5 October

The UN Special Rapporteur on Torture. Experiences and Challenges Participation of Manfred Nowak in the Symposium „Human Rights and Science“, National Academy of Science „Leopoldina“, Berlin, 6 October

UN Special Rapporteur on Torture Workshop „Mechanismen zur Folterverhütung im Vergleich“ by Manfred Nowak, Human Rights Centre of the University Potsdam, Manfred Nowak, Berlin, 6 October

Torture and other forms of ill-treatment in Kazakhstan. Results of the UN fact finding Mission in May 2009 Report of the results of the UN fact finding Mission in May 2009 by Manfred Nowak and panel discus- sion „Human Rights and Elite Corruption in Georgia, Kazakhstan, and Uzbekistan“, BIM/ACUNS/OIIP/AFA, Vienna, 8 October

Human Rights Monitoring in Menschenrechtliches Monitoring in psychiatric hospitals and asy- lums. The work of the European Committee on the Prevention of Torture (CPT) Julia Kozma was invited to speak about the work of the CPT at an expert conference on the occasion of the 30th anniversary of the VertretungsNetz, Justice Palace, Vienna, 13 October

Current developments of data retention at EU and Austrian level Presentation by Hannes Tretter at the Academy of Law, Tax and Economy, Vienna, 14 October

Experts' meeting on a Future Green Paper on detention issues in the European Union In her function as member of the European Committee for the Prevention of Torture (CPT) Julia Kozma presented her expert opinion to EU State representatives on issues of monitoring places of detention, Brussels, 18 October

Criminal and police investigation methods and fundamental rights Presentation by Hannes Tretter in the framework of the IT-Law.at-Symposium “Cyber Crime: Com- puter crime in consideration of modern investigation methods” at the Diplomatic Academy, Vienna, 18 October

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Human rights monitoring in psychiatric institutions and care homes: The work of the European Committee for the Prevention of Torture (CPT) The „Interdisziplinärer Kriminalpolitischer Arbeitskreis“ invited Julia Kozma for a speech on her inter- national, European and Austrian experiences in the field of monitoring of places of detention, Linz, 19 October

Future Challenges for the UN Special Rapporteur on Torture Pancel discussion with Manfred Nowak, Juan Mendez, organized by the Permanent Mission of Den- mark/Association for the prevention of Torture, New York, 25 October

Report of the UN Special Rapporteur on Torture to the UN General Assembly Presentation by Manfred Nowak at the UN General Assembly, New York, 25 October

Reckoning with Torture Input by Manfred Nowak to the Torture Awareness Campaign at John Jay College of Law/Amnesty International, New York, 28 October

Data-Retention – the Austrian draft law Lecture by Christof Tschohl at a seminar of the Austrian Society for Informatics on the experiences, approach and content of the amendment of the telecommunication law which the BIM developed on behalf of the Austrian Ministry of Transportation, Innovation and Technology, Linz, 29 October

The Youth Welfare Authority – a Child Rights Institution? Mandate and Challenges from a Child Rights Perspective Presentation by Helmut Sax and discussion at a conference of the Association of Youth Welfare Insti- tutions in Austria, Salzburg, 29 October

November 2010

How to do Supply Chain Management Workshop “Business Practice and Human Rights” held by Karin Lukas for the Austrian Export Credit Agency, Vienna, 3 November

Policy of Peace and Human Rights Panel discussion of the 5th Vienna Seminar of Nobel Laureates with Manfred Nowak, Vienna, 4 No- vember

Criminal and civil law as well as human rights aspects of consanguine marriage Lecture by Hannes Tretter at the symposium “Consanguine marriage – a medical and socio-cultural challenge” of the Medical University of Vienna, Vienna, 6 November

Six years as UN Special Rapporteur on Torture – taking stock Presentation by Manfred Nowak at the Austrian Association for Foreign Policy and the United Nations, Vienna, 10 November

Conclusions – Six Years UN Special Rapporteur on Torture“, Seminar „Torture and Accountaility Lecture by Manfred Nowak at the European Center for Constitutional and Human Rights, Berlin, 12 November

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The International Struggle Against Torture Baha Mousa Annual Memorial Lecture by Manfred Nowak, London, 16 November

Study visit of the Supreme Court of Bhutan On the occasion of a study trip to Vienna, a delegation of Supreme Court judges of the Independent Kingdom of Bhutan visited the BIM, where Hannes Tretter and Astrid Steinkellner introduced them to the work of the BIM as well as the elements of the European fundamental rights architecture, Vienna, 16 November

Human Rights Based Approach to Development and Poverty Reduction Workshop with Manfred Nowak „Getting the Development Goals Right“ at the Danish Institute for Hu- man Rights, Copenhagen, 17 to 18 November

The European Human Rights Protection System by EU, CoE and OSCE Lecture by Hannes Tretter in the framework of the Executive Training Programme “European Integra- tion and Cooperation” at the Diplomatic Academy, Vienna, 19 November

Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements Karin Lukas and Astrid Steinkellner presented the findings and conclusions of their study, done on behalf of the Austrian Chamber of Labour, to representatives of relevant Austrian ministries, the social partners and NGOs. Vienna, 19 November

Children’s Rights in the European Union Presentation by Helmut Sax in the framework of the Children’s Rights Symposium organized by the Danube University Krems and the NÖ Kinder & Jugendanwaltschaft, Krems, 18 November

Human Rights in Criminal Justice Systems Lecture tour by Manfred Nowak at the invitation of the Asia-Europe Foundation (ASEF), Bang- kok/Phnom Penh/Vientiane, 21 to 29 November December 2010

Introduction to the Convention against Torture / Analysis of the various legal issues under Arti- cle 3 CAT Training Course by Manfred Nowak at the 6th Session of the Training Course on International Refu- gee Law and related issues, UNHCR/ECRE, St. Petersburg, 2 December

Taking on the Data Retention Directive As a representative of civil society Christof Tschohl was invited by the Austrian Ministry of Transport, Innovation and Technology (BMVIT) to take part in a conference, organised by the EU commission to finalise the evaluation of its Data Retention Directive and to start the process of its review. The confer- ence was the occasion to discuss key issues the Commission intended to examine in the context of the review, on the backdrop of the experience gathered since the Directive entered into force on 15 September 2007, Brussels, 3 December

Responsible Business Practice Workshop held by Karin Lukas in the framework of the Amnesty Academy Austria, Vienna, 5 Decem- ber

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Equal Treatment Act: Undue interference with civil liberties or adequate protection? Participation of Barbara Liegl and Manfred Nowak in a panel discussion at the Friedrich August von Hayek Institute, Vienna, 13 December

The environment as cause for migration: The legal status of personal concerned by environ- mental migrants under international law Presentation by Margit Ammer at the University of Osnabrück, 16 December

International and European Human Rights Protection Lecture by Hannes Tretter at the University of Podgorica, 17 to 18 December

Brown Bag Lunch Since 2007 a so called Brown Bag Lunch has been established at the BIM to enhance exchange be- tween BIM staff members. In 2010, the following topics were presented and discussed:

Procedures of the Austrian Commission on Equal Treatment: Applied inquisition or legitimate protection of the interests of victims of discrimination? Thomas Höhne and Stefan Siegwart (lawyers of Hoehne, In der Maur & Partner) who have recently represented a discriminatory party give an input on deficiencies in procedures infront of the Commis- sion on Equal Treatment. Representatives of ZARA – civil courage and antiracism work as well as the Austrian Plaintive Association to Protect Rights of Victims of Discrimination will also participate in the discussion. The aim is to see whether there are common topics of critique and joint approaches to- wards an amendment of the Equal Treatment Law. Moderation: Barbara Liegl. 21 January 2010

Unconditional basic income Karin Leitner, trainee of the chamber of commerce at the BIM provides an input on the discussion and models of a basic income without conditions. The discussion aims to explore how this model is con- nected to a human rights approach towards social policies and how the human right to participation in society can be strengthened by it. 4 March 2010

Security Sector Reform & Human Rights At the end of April 2010, Johanna Lober attended a week-long training course on EU security sector reform strategies organised by the Austrian Study Centre for Peace and Conflict Resolution (ASPR) in Stadtschlaining in cooperation with the Austrian Ministry of Defence. The purpose of the BBL is to share some of the main concepts and insights provided during the training. In addition, the question to what extend the field of security sector reform currently is or could be of interest to the BIM in the fu- ture, as well as the potential relevance of the common security and defence policy (CSDP) of the EU for different fields of human rights work is being discussed. 8 June 2010

“Data protection for everyone!“ Christof Tschohl talks about the relevance of data protection as a topic of human rights research and discusses the possibilities of integration data protection related questions in different fields of the BIM’s work. 16 June 2010

Atlas of Torture: Monitoring and Preventing Torture Worldwide In November 2010 a major research project following up on the work of the Special Rapporteur on Torture starts at the BIM. Part of the team Human Dignity and Public Security will present the project objectives and activities in several countries which they have earlier visited on missions of the Special Rapporteur. 23 September 2010

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UN Special Rapporteur Mission to Greece From 10 to 20 October 2010 Manfred Nowak has conducted his last mission as UN Special Rappor- teur on Torture to Greece. The mission had a specific focus on the detention situation of migrants. In his preliminary findings Manfred Nowak has warned that the unprecedented number of migrants com- ing to Greece has put the border guard stations, police stations and migrant detention centres into a critical state in need of an immediate Greek and European response. Moritz Birk and Tiphanie Crittin talk about their experiences during the mission and discuss the current situation in Greece, particularly in view of the recent developments. 23 November 2010

Public Lecture Series In spring 2009, the Research Platform „Human Rights in the European Context“ established a new series of discussion events in cooperation with BIM. In the Public Lecture Series Austrian and interna- tional experts discuss current human relevant topics from inter-disciplinary points of view. Detailed information can be found at: http://human-rights.univie.ac.at/veranstaltungsreihen/public-lecture-series/

Climate change, environmental refugees and prevention measures: Human rights aspects and the role of Europe 13 January 2010

Womens Rights – the grande unkown. The importance of CEDAW and the consequences of a lack of consideration In cooperation with the CEDAW Committee 24 February 2010

Election Observation – Fostering Democracy? Potentials and Limitations of international elec- toral Support: The Case of Sudan 31 March 2010

The Checks and Balances of Modern Democracy: The Case of Italy in the Berlusconi Era 29 April 2010

Europe's influence on U.S. Human Rights Policy 28 May 2010

Sechs Jahre UN Sonderberichterstatter über Folter In cooperation with the Diplomatic Academy Vienna 9 November 2010

The Role of Civil Society in Peace Building Processes: The Case of Georgia 25 November 2010

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Expert Workshops/ Inter-University Round Table Aut dedere aut judicare: International Cooperation in Extradition Proceedings 26 January 2010

Access to Protection for Refugees in Europe – Towards a European Asylum system 23 June 2010

Lay jurisdiction and fair trial in complex proceedings in cooperation with the „Expert group Criminal Law of the Association of Austrian Judges”, 10 Novem- ber 2010

Cinema and Human Rights “Cinema and Human Rights” is an events series in co-operation with the Research Platform and the Viennese Top Kino. Documentaries on human rights topics are screened and discussed. The film evenings are also of a university seminar. Detailed information can be found at http://human-rights.univie.ac.at/veranstaltungsreihen/cinema-and-human-rights/

Dečko kome se žurilo/The Boy Who Rushed, 14. Januar 2010 Little Alien, 17. März 2010 The Unwelcome / Nevítaní, 20. April 2010 Artikel 7 - Unser Recht! Pravica Naša! Člen 7 , 28. April 2010 There Once was an Island: Te Henua e Nnoho, 1. Juni 2010 My Brother’s Keeper, 10. Juni 2010 There Once Was an Island: Te Henua e Noho, in Kooperation mit this human world 6. Dezember 2010 The Response, in Kooperation mit this human world 7. Dezember 2010 We are half of Iran's population, in Kooperation mit this human world 8. Dezember 2010 Pray the Devil Back to Hell, in Kooperation mit this human world 9. Dezember 2010 FC Chechnya, in Kooperation mit this human world 10. Dezember 2010

University courses During summer term 2010 and winter term 2010/2011 the following courses were offered by BIM staff members: Law Faculty, University of Vienna Introduction to the International Human Rights Regime Moritz Birk, Julia Kozma, Johanna Lober, Manfred Nowak

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Interdisciplinary Research Methodology in the Field of Human Rights PhD seminar, Margarethe Grandner, Julia Kozma, Brigitte Lueger-Schuster, Manfred Nowak, Chris- toph Reinprecht Introduction to the International Human Rights Regime PhD seminar, Julia Kozma, Manfred Nowak Gleichheit und Diskriminierungsschutz im Kontext der Grund- und Menschenrechte Seminar of the elective course „Protection from discrimination“, Hannes Tretter, Katrin Wladasch Human Rights of Children Angelika Aumann, Manfred Nowak, Helmut Sax

Department for Didacties of History, Social Studies and Civil Education, University of Vienna Menschenrechte in Europa Margit Ammer, Marta Hodasz, Julia Planitzer, Hannes Tretter, Christof Tschohl Europa Online: E-Democracy – Theorie und Praxis digitaler Diskurse Christof Tschohl

LL.M. International Legal Studies, Universität Wien Human Rights Manfred Nowak

European Master’s Degree in Human Rights and Democratisation (EMA), Venice Human Rights in the Field Julia Kozma, Manfred Nowak Tutorium European Masters’ Programme in Human Rights and Democratisation (EMA) Moritz Birk, Tiphanie Crittin, Julia Kozma, Johanna Lober, Manfred Nowak, Roland Schmidt

University of Linz, Centre for Social and Intercultural Competence Seminar: Interkulturelle Kompetenz trainieren: Konfliktsensibilität in internationalen Zusammenhän- gen, Christine Sommer, Claudia Sprenger

University of Applied Sciences for Social Professions, St. Pölten Menschenrecht und Menschenwürde Julia Kozma, Manfred Nowak

Seminar course „Zukunftsfähiges Wirtschaften“, Bad Blumau Bedeutung der Menschenrechte für Unternehmen Karin Lukas

MBA in Public Governance and Management, Modul University, Wien Public Administration, the Rule of Law and Human Rights Katrin Wladasch

American University/Washington College of Law, Washington DC United Nations Human Rights System Manfred Nowak

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Publications

BIM Study Series (since 1999) Verlag Österreich / Neuer Wissenschaftlicher Verlag (since 2009)

Volume 1: Marschik, Nikolaus: Die UN-Rassendiskriminierungskonvention im österreichischen Recht, 1999, 195 Seiten Volume 2: Sax, Helmut / Hainzl, Christian: Die verfassungsrechtliche Umsetzung der UN- Kinderrechtskonvention in Österreich, 1999, 257 Seiten Volume 3: Kriebaum, Ursula: Folterprävention in Europa. Die Europäische Konvention zur Verhütung von Folter und unmenschlicher oder erniedrigender Behandlung oder Bestrafung, 2000, 786 Seiten Volume 4: Nowak, Manfred / Chunying, Xin (Eds.): EU-China Human Rights Dialogue. Proceedings of the Second EU-China Legal Expert Seminar held in Beijing on 19 and 20 October 1998, 2000, 190 Seiten Volume 5: Ölz, Martin: NGOs im internationalen Menschenrechtsschutz, 2002, 431 Seiten Volume 6: Tretter, Hannes (Ed.): Temporary Protection für bosnische Flüchtlinge in Europa. Länder- berichte / Country Reports, 2000, 530 Seiten Volume 7: Tretter, Hannes (Ed.): Temporary Protection für Flüchtlinge in Europa. Analysen und Schlussfolgerungen, 2005, 364 Seiten Volume 8: Hainzl, Christian: Human Rights in Bhutan. The Legal System, The Southern Problem, 2000, 166 Seiten Volume 9: Kartusch, Angelika / Knaus, Katharina / Reiter, Gabriele: Bekämpfung des Frauenhandels nach internationalem und österreichischem Recht, 2000, 246 Seiten Volume 10: Binder, Johannes: The Human Dimension of the OSCE. From Recommendation to Implementation, 2001, 473 Seiten Volume 11: Windmeißer, Anette: Der Menschenrechtsansatz in der Entwicklungszusammenarbeit, 2002, 490 Seiten Volume 12: Sperl, Louise / Lukas, Karin / Sax, Helmut: Wirtschaftliche, soziale und kulturelle Rechte von AsylwerberInnen, 2004, 350 Seiten Volume 13: Ursula Werther-Pietsch: Entwicklung und Menschenrechte. Kongruenz und Dilemmas, 2008, 276 Seiten Volume 14: Jauk, Barbara: Exekutive und Menschenrechte, 2004, 548 Seiten Volume 15: Charbord, Anne: Human Rights of Internally Displaced Persons in Bosnia and Herzego- vina, 2005, 477 Seiten Volume 16: Benedek, Wolfgang/Gregory, Clare/Kozma, Julia/Nowak, Manfred/Strohal, Christian Theuermann, Engelbert (eds.): Global Standards – Local Action. 15 Years Vienna World Conference on Human Rights, 2009 Volume 17: Lukas, Karin/Hutter, Franz-Josef: Menschenrechte und Wirtschaft. Die menschenrechtli- che Verantwortung von Unternehmen, Staaten und der internationalen Gemeinschaft, 2009

Volume 18: Kozma, Julia/Nowak, Manfred/Schmidt, Roland (eds.): Indicators and Monitoring Systems as Preventive Tools for ensuring Peace and Security and Respect for Human Rights in External Policy-Making of the EU, 2009 Volume 19: Buchinger, Kerstin: The Optional Protocol to the United Nations Convention against Tor- ture, 2009 Volume 20: Nowak, Manfred/Schmidt, Roland: Extraordinary Renditions and the Protection of Human Rights, 2010 Volume 21: Hassine, Khaled: Housing & Property Directorate in Kosovo, Studienreihe des Ludwig Boltzmann Instituts für Menschenrechte (Band 21), 2009 Volume 22: Kozma, Julia/Nowak, Manfred/ Scheinin, Martin: A World Court of Human Rights - Con- solidated Statute and Commentary, 2010

Monographs Ammer, Margit/Hafner, Gerhard/Nowak, Manfred/Stadlmayr, Lisa: Rechtsstellung und rechtliche Be- handlung von Umweltflüchtlingen. Umweltbundesamt Texte 54/2010, Dessau-Roßlau, 2010 Huber-Grabenwarter, Georg/Nowak, Manfred/Sax, Helmut/Sommer, Christine/Walter, Franziska: Handbuch Menschenrechte. Anleitung zur Umsetzung des Menschenrechtsansatzes in der OEZA, Vienna, 2010, http://www.entwicklung.at/uploads/media/HB_Menschenrechte_Juli2010_01.pdf Linder Barbara, Steinkellner Astrid, Sorell Tom: LARRGE, Labour-Rights-Responsibilities-Guide, Ludwig Boltzmann Institut für Menschenrechte (Hrsg.), Vienna, 2010, http://www.larrge.eu/en/larrgeguide/larrge-guide-inhaltsverzeichnis.html Ludwig Boltzmann Institute of Human Rights/ International Center on Conflict and Negotiation (eds.): Supporting Georgian Civil Society in Peace-Building – Recommendations Document, Tiflis, August 2010 Lukas Karin/Steinkellner Astrid: Sozialnormen in Nachhaltigkeitskapiteln bilateraler Freihandelsab- kommen, AK Vienna, June 2010 Lukas Karin/Plank Leonhard/Staritz Cornelia: Die Sicherung von Arbeitsrechten in Globalen Produkti- onsnetzwerken, AK Vienna, 2010 Lukas Karin: Der Schutz von Arbeitsrechten in Globalen Produktionsnetzwerken, facultas/Nomos, Vienna 2010

Co-edited Benedek, Wolfgang/Karl, Wolfram/Mihr, Anja/Nowak, Manfred (eds.): European Yearbook on Human Rights 10, Antwerp/Bali/Vienna/Graz/Zurich, 2010 Nowak, Manfred/Burgstaller, Manfred (eds.): Aut dedere aut iudicare. Fragen der internationalen Zu- sammenarbeit in Auslieferungsverfahren, Neuer Wissenschaftlicher Verlag, Vienna, Graz, 2010 Wladasch, Katrin/Liegl, Barbara (eds.): Vielfalt und Chancengleichheit im Betrieb. Ein Leitfaden für den Umgang mit Vielfalt und die Herstellung von Chancengleichheit in österreichischen Unternehmen, Vienna, 2010

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Individual Publications and Articles Ammer, Margit: Klimawandelinduzierte Umweltveränderungen als Ursache für unfreiwillige Binnenmig- ration: ist Europa verpflichtet zu helfen?, in: Zeitschrift für Menschenrechte, 2/2010, Jg. 4, Wochen- schau Verlag, S.48-72 Ammer Margit/Köhler, Katharina: Kommunikation im Asylverfahren aus menschenrechtlicher Sicht, in: Rienzner, Martina/ Slezak, Gabriele (Hg): Sprache und Translation in der Rechtspraxis, Stichpro- ben no. 19/2010, S.153-174 Buchinger, Kerstin/Steinkellner, Astrid: Litigation before the European Court of Human Rights and Domestic Implementation: Does the European Convention Promote the Rights of Immigrants and Asy- lum Seekers? European Public Law, Vol. 16/3, Kluwer Law International, Netherlands, 419-435 Buchinger, Kerstin/Liegl, Barbara/ Steinkellner, Astrid: Protecting Individuals from Non-Majoritarian Groups in the ECtHR: Litigation and Jurisprudence in Austria. In: Anagnostou, Dia/Psychogiopoulou, Evangelia (eds.): The European Court of Human Rights and the rights of marginalised individuals and minorities in national context, Brill/Martinus Nijhoff, Leiden/Boston, 27-50 Liegl, Barbara: Anti-Rassismus in der gesellschaftlichen und politischen Praxis, in: Sir Peter Ustinov Institut (ed.): Rassismus – ein soziale und politische Konstruktion, Braumüller, Wien 2010, 129-139, S.149-160 Liegl, Barbara: (Anti-)Rassismus in der Krise(?), in: Oberlechner, Manfred/Hetfleisch, Gerhrad (Hrsg.): Integration, Rassismen und Weltwirtschaftskrise, Sociologica, Band 14, Wien 2010, S. 347-365 Liegl, Barbara/Fercher, Sonja: Zehn Jahre Anti-Rassismus-Arbeit – Vergebene Chance oder doch zwei Schritte vorwärts und einer zurück?, in: SWS Rundschau 1/2010, S.127-143 Kozma, Julia: No Right without a Remedy – A World Court of Human Rights, Global View 1/2010 Kozma, Julia/Nowak, Manfred: Die Menschenrechte in der Sozialarbeit, in: Brigitte Loderbauer (ed.): Sozialarbeit und Recht, Orac Verlag, 2. Auflage, 2010 Müller-Funk, Anna/Tretter, Hannes: The European Agency for Fundamental Rights in 2009: Opportu- nities, Responsibilities and Prospects. In: Benedek, Wolfgang / Benoit-Rohmer, Florence/Karl, Wolf- ram/Nowak, Manfred (eds.): European Yearbook on Human Rights 2010. Neuer Wissenschaftlicher Verlag, Vienna, 2010 Nowak, Manfred: Summing up of the conference discussion. In: New partnerships for torture preven- tion in Europe. Proceedings of the Conference Strasbourg, 6 November 2009, Strasbourg, 2010, 107- 114 Nowak, Manfred: Die Todesstrafe: Rache statt Gerechtigkeit. In: Matscher, Franz/Pernthaler, Pe- ter/Raffeiner, Andreas (eds.): Ein Leben für Recht und Gerechtigkeit. Festschrift für Hans R. Klecat- sky, Vienna, Graz, 2010, 501-510 Nowak, Manfred: Obligations of States to Prevent and Prohibit Torture in an Extraterritorial Perspec- tive. In: Gibney, Mark/Skogly, Sigrun (eds.): Universal Human Rights and Extraterritorial Obligations, Philadelphia, Pennsylvania, 2010, 11-29 Nowak, Manfred: Die Bedeutung der Menschenrechte im 21. Jahrhundert. In: Jahresbericht 2009 der österr. Parlamentsdirektion, Wien, 2010, 40-41 Nowak, Manfred: Extraordinary Renditions, Diplomatic Assurances and the Principle of Non- Refoulement. In: Kälin, Walter/Kolb, Robert/Spenlé, Christoph A./Voyame, Maurice D. (eds.): Interna- tional Law, Conflict and Development, the Emergence of a Holistic Approach in International Affairs, Leiden, Boston, 2010, 107-134 Nowak, Manfred: A New World Court of Human Rights: a Role for IHL? In: Kolb, Robert/Gaggioli, Glo- ria: Research Handbook on Human Rights and Humanitarian Law, Edward Elgar Publishing Ltd., 2010

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Nowak, Manfred: Diplomatische Zusicherungen als Feigenblatt bei der Auslieferung oder Ausweisung an Folterstaaten. In: Aut dedere aut iudicare, Vienna, Graz, 2010, 85-92 Nowak, Manfred: The Development of Human Rights in Europe after the End of the Cold War. In: Benedek, Wolfgang/Karl, Wolfram/Mihr, Anja/Nowak, Manfred (eds.): European Yearbook on Human Rights 10, Antwerp/Bali/Vienna/Graz/Zurich 2010, 31-47 Nowak, Manfred: Folter und unmenschliche Haftbedingungen – eine globale Krise. In: Global View 4/2010, 8-9 Sax, Helmut: Die Stellung des Kindes in der politischen Entscheidung in Österreich aus kinderrechtli- cher Perspektive. In: Kerbl, Reinhold/Thun-Hohenstein, Leonhard/Damm, Lilly/Waldhauser, Franz (eds.): Kind und Recht: 3. Jahrestagung Politische Kindermedizin 2009, Springer-Verlag 2010, 103- 116 Sax, Helmut, „Ernsthaft darüber besorgt ...“ – Kinderhandel als Kinderrechtsverletzung, in: Das WORT – Evangelische Beiträge zu Bildung und Unterricht, February 2010 Steinkellner Astrid/Buchinger Kerstin: Litigation before the European Court of Human Rights and Do- mestic Implementation: Does the European Convention Promote the Rights of Immigrants and Asylum Seekers? European Public Law, Vol. 16/3, Kluwer Law International, The Netherlands, 419-435 Steinkellner Astrid,/Buchinger Kerstin/Liegl Barbara: Protecting Individuals from Non-Majoritarian Groups in the ECtHR: Litigation and Jurisprudence in Austria, in: Dia Anagnostou/Evangelia Psychog- iopoulou (eds.), The European Court of Human Rights and the rights of marginalised individuals and minorities in national context, Brill/Martinus Nijhoff, Leiden/Boston, 27-50 Sax, Helmut, Die Stellung des Kindes in der politischen Entscheidung in Österreich aus kinderrechtli- cher Perspektive, in: Kerbl, Reinhold/Thun-Hohenstein, Leonhard/Damm, Lilly/Waldhauser, Franz (Herausgeber), Kind und Recht: 3. Jahrestagung Politische Kindermedizin 2009, Springer-Verlag 2010, 103-116 Sax, Helmut, „Ernsthaft darüber besorgt ...“ – Kinderhandel als Kinderrechtsverletzung. In: Das WORT – Evangelische Beiträge zu Bildung und Unterricht, Februar 2010 Sax, Helmut: Zur „Messung von Fortschritten“ im Kinderrechtsschutz mittels Indikatoren, „ExpertIn- nenstimme“-Online Beitrag für www.kinderhabenrechte.gv.at, Website des Bundesministeriums für Wirtschaft, Familie und Jugend (Thema des Monats Juni 2010 „Monitoring“) Steinkellner, Astrid/Weber, Lisa: Vielfalt und Chancengleichheit als Teil einer CSR Strategie. In: Wla- dasch, Katrin/Liegl, Barbara (eds.): Vielfalt und Chancengleichheit im Betrieb, Ein Leitfaden für den Umgang mit Vielfalt und die Herstellung von Chancengleichheit in österreichischen Unternehmen, Vienna, 2010, 21-24 Tretter, Hannes: Der digital bewegte Mensch. In: Matscher, Franz/Pernthaler, Peter/Raffeiner, Andre- as (eds.): Ein Leben für Recht und Gerechtigkeit. Festschrift für Hans R. Klecatsky, Vienna, Graz 2010, 777-785 Tretter, Hannes: Aktuelle datenschutzrechtliche Herausforderungen in Österreich, Zukunft 2010/1, 18- 24 Tretter, Hannes: Der digital bewegte Mensch, Österreichisches Anwaltsblatt 2010, 165-170 Weichselbaum, Barbara: Verfassungsrechtliche Probleme des Vorarlberger Landesdienstrechts im Lichte des „Beamtenvorbehalts“ für die Bestellung des Landesamtsdirektors. In: publiclaw.at online publications (pop) 2010, 26-29

Studies, Working Papers, Reports, Materials Ammer, Margit: Thematic Study: The asylum-seekers’ perspective: Access to the information and to effective remedies, FRALEX, 2010

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Ammer, Margit: Thematic Study: Racist and related hate crimes in the EU, FRALEX, 2010 Ammer, Margit/Crowley, Niall/Liegl, Barbara/Holzleithner, Elisabeth/Wladasch, Katrin/Yesilkagit, Kut- sal: Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010, http://ec.europa.eu/social/BlobServlet?docId=6454&langId=en Ammer, Margit/Edthofer, Johanna/Liegl, Barbara/Wladasch, Katrin: Austria. Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010 Edthofer, Johanna/Hodasz, Marta/ Schlembach, Sebastian: Complementary Data Collection: Contri- bution to the FRA Annual Report 2009, 2010 Birk, Moritz/Kirchgaesser, Ulrike/Kozma, Julia: Final Report on the possible solutions for the estab- lishment of a National Preventive Mechanism in Romania. (Twinning Light Project Romania TF 2007/IB/JH-21 TL “Support for setting up an efficient National Preventive Mechanism for an increased promotion and protection of human rights in places of detention”) Birk, Moritz/Crittin, Tiphanie/Kozma, Julia/Nowak, Manfred: Looking older than the Commission: The UN Human Rights Council in Need of a Facelift, Diskussionspapier für die Austrian Development Agency (ADA), 2010 Liegl, Barbara/Edthofer, Johanna: Liechtenstein. Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010 Liegl, Barbara/Steinkellner, Astrid/Tretter Hannes: The role of the European Court of Human Rights in Austria: Recommendations on how to enhance domestic impact of its judgments and improve its overall effectiveness, JURISTRAS Policy Paper, vorgestellt im Rahmen der Ministerkonferenz des Europarates vom 18.-19. Februar 2010 Liegl, Barbara/Wladasch, Katrin: Entwicklung einer Vorlage zur Sammlung von Einzelfalldaten für Equinet inkl. Ausfüllhilfe und Hintergrundbericht zur Erstellung der Vorlage, Wien 2010 Lober, Johanna: The Austrian Human Rights Advisory Board. (Twinning Light Project Romania TF 2007/IB/JH-21 TL “Support for setting up an efficient National Preventive Mechanism for an increased promotion and protection of human rights in places of detention”) Lober, Johanna: The Austrian Human Rights Advisory Board. (Twinning Light Project Romania TF 2007/IB/JH-21 TL “Support for setting up an efficient National Preventive Mechanism for an increased promotion and protection of human rights in places of detention”) Lukas, Karin/Steinkellner, Astrid: Sozialnormen in Nachhaltigkeitskapiteln Bilateraler Freihandelsab- kommen, Studie im Auftrag der Arbeiterkammer Wien Lukas, Karin/Plank, Leonhard/Staritz, Cornelia: Securing Labour Rights in Global Production Net- works, AK Vienna, 2010 Mandl, Sabine/Sommer, Christine: Analysis of ADA-Projects related to UN-Security Council Resolu- tion (UNSCR) 1325. Diskussionspapier für die Austrian Development Agency (ADA), September 2010 Mandl, Sabine/Sommer, Christine: Analyse von ADA-Projekten mit Bezug auf UN- Sicherheitsratsresolution 1325, Diskussionspapier für die Austrian Development Agency (ADA) (in englischer Sprache), September 2010 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. General Assembly report, UN-Doc. A/65/273 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council main report and Global Study, UN-Doc. A/HRC/13/39 - A/HRC/13/39/Add.5 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Joint Study on Secret Detention in the Fight Against Terrorism, UN-Doc. A/HRC/13/42

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Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Preliminary note on the mission to Greece Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Mission to Papua New Guinea, UN-Doc. A/HRC/16/52/Add.5 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Mission to Jamaica, UN-Doc. A/HRC/16/52/Add.3 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Mission to Uruguay, UN-Doc. A/HRC/13/39/Add.2 Nowak, Manfred: Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Human Rights Council – Mission to Kazakhstan, UN-Doc. A/HRC/13/39/Add.3 Planitzer, Julia/Rusz, Regina/Steininger, Sigrid: Menschenhandel – die Sklaverei des 21. Jahrhun- derts. Handreichung zur Ausstellung für den Unterricht. Vienna, 2010 Schmidt, Roland/Zeilinger, Julia: Study regarding the legal and factual situation of torture and other forms of cruel, inhuman, or degrading treatment and punishment and conditions of detention in Nige- ria, Heinrich Böll Stiftung, 2010 Sommer, Christine/Sprenger, Claudia: HIV/AIDS und Menschenrechte, Diskussionspapier für die Austrian Development Agency (ADA). Wien, February 2010 Sprenger, Claudia: Menschen mit Behinderung in der Geberpraxis. Diskussionspapier für die Austrian Development Agency (ADA). Vienna, December 2010 Christof Tschohl: IKT Unternehmen zwischen Sicherheit und Freiheit. Vienna, 2010 Grundrechte im gerichtlichen Berufsalltag. Skriptum zum RiAA-Grundrechtsmodul 2010. Bundesminis- terium für Justiz, Vienna 2010 http://bim.lbg.ac.at/de/richterinnenausbildung/skriptum-fuer-grundrechteseminar-fuer-riaa-erhaeltlich

Expert Opinions and Statements Tretter, Hannes/Weichselbaum, Barbara: Statement of the Ludwig Boltzmann Institute of Human Rights on the draft of a „Bundesgesetz, mit dem das Strafgesetzbuch zur Verhinderung von Terroris- mus (Terrorismuspräventionsgesetz 2010) geändert wird“, 15 January 2010, http://www.parlament.gv.at/PAKT/VHG/XXIV/ME/ME_00119_57/imfname_177829.pdf Tretter, Hannes (et al.): Individualbeschwerde gem Art 34 EMRK an den EGMR wegen Bestimmun- gen des SPG und DSG. Tretter ua vs Austria, 3599/10 [Individual Petition according to Art. 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms to the ECHR regarding SPG and DSG regulations. Tretter et al. vs Austria, 3599/10], stated 15 January 2010 Ludwig Boltzmann Institute of Human Rights: Statement on the draft concerning the amendment of the Equal Treatment Law, September 2010

Periodicals polis aktuell Monthly paper for teachers and multipliers  1/2010: Armut in Österreich  2/2010: Weibliche Genitalverstümmelung

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 3/2010: Konsum und Lebensstil  4/2010: Heimat  5/2010: Soziale Ausgrenzung | Fokus: Roma in Österreich  6/2010: Gewalt gegen Frauen und Kinder  7/2010: Menschenhandel  8/2010: Krieg und bewaffnete Konflikte – ohne Frauen kein Frieden?!  9/2010: Freiwilliges politisches Engagement

Development Co-operation Newsletter The BIM and the Austrian Development Cooperation publish a quarterly newsletter on current projects in the framework of development cooperation, peacekeeping and conflict prevention. The newsletter can be downloaded from the BIM website: http://bim.lbg.ac.at/en/dc-newsletter (in German)

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Finances

Activities of the BIM are implemented via three different legal entities: the Ludwig Boltzmann Asso- ciation, the BIM-Research Association and the University of Vienna in the framework of the Re- search Platform „Human Rights in the European Context“. The budget allocated to the Ludwig Boltzmann Association amounts to € 1.7 Mio in 2010, the part processed via the Research Association are € 740,000, the Research Platform operates with an annual budget of € 120.000. Funding of the BIM comes from a broad spectrum of different sources and is mainly project-based. The following charts show how funding is divided according to donors and co-operation partners:

Funding LBI 2010

National private and Federal funding 4,95% public business 7,68% University Vienna Chamber of Commerce Other countries 1,91% Chamber of Labour 12,54% 1,69% Austrian Acadamy of Sciences 1,33% Ludwig Boltzmann Association 14,30%

Private funding 3,94% European Union 51,65%

Funding Research Association 2010

Foreign Foundations 1,4% University 1,5% International European National Private Organizations 3,4% Union 8,6% and Private 2,6% Public Business 27,5% Chambers 0,5%

Others 0,5%

Federal State 54,0%

Staff

Team of directors Manfred NOWAK LBI Director Fiona STEINERT Managing Director Hannes TRETTER LBI Director

Permanent staff

Human Dignity and Public Security Julia KOZMA Team leader Combating torture

Research Platform „Human Rights in the Euro- Univ. pean Context“ Vienna Moritz BIRK Combating torture, Research fellow German Academic Exchange Service (until April 2010) Tiphanie CRITTIN Combating torture, seconded by the Swiss Minis- try of external affairs (until December 2010) Dominik HOFFMANN Human Rights Advisory Board, Secretariat RA Stephanie KRISPER Human Rights Advisory Board, Commissions 2 RA and 3 Barbara KURZ Menschenrechtskommissionen (since October RA 2010) Johanna LOBER Human Rights Advisory Board, Commissions 2 RA and 3 (until September 2010) Combating torture, project „Atlas of Torture“ Univ. (since October 2010) Vienna Caroline PAAR Human Rights Advisory Board, Secretariat RA Roland SCHMIDT Combating torture Julia ZEILINGER Combating torture, Research fellow German Academic Exchange Service (since September 2010)

Human Rights in Development Co-operation and Business Karin LUKAS Team leader Development cooperation, Business and Human Rights; doc-team fellow of the Austrian Academy of Sciences (until June 2010) Karin LEITNER Development cooperation, Trainee of the Austrian Chamber of Commerce Barbara LINDER Business and Human Rights RA

PhD Fellow, college „Empowerment through Hu- Univ. man Rights“ Vienna Christine SOMMER Development cooperation Claudia SPRENGER Development cooperation, Rights of people with disabilities Astrid STEINKELLNER Business and Human Rights, Fundamental Rights CSR RA Petranka DELOVA BIM Skopje RA Jagoda ILJOV BIM Skopje RA Marina KOVACIC BIM Skopje (until June 2010) RA Stojan MISEV BIM Skopje RA Ninoslav MLADENOVIC BIM Skopje RA Filippo UNTERHOFER BIM Skopje (until June 2010) RA

European Neighbourhood and Integration Policy Susanne FRACZEK Team leader Heidrun AIGNER Project management (since April 2010) Claudia HÜTTNER Project management Marion KIPIANI Project management (until January 2010) Marion KIRSCH Project management Karin LEITNER Project assistant, Trainee of the Austrian Cham- ber of Commerce Anna MÜLLER-FUNK EU Fundamental Rights Agency RA Research Platform „Human Rights in the Euro- Univ. pean Context“ Vienna

Anti-discrimination, Diversity, Asylum Barbara LIEGL Team leader Anti-discrimination RAXEN Focal Point RA Margit AMMER Anti-discrimination, Asylum Marta HODASZ Anti-discrimination, Asylum (until July 2010) RAXEN Focal Point RA Katharina KÖHLER Anti-discrimination, RAXEN Focal Point (on un- RA paid leave since February 2008) Bernhard PERCHINIG Project “INTEC – Integration and Naturalisation Univ. Tests, the New Way to European Citizenship” Vienna Katrin WLADASCH Anti-discrimination RAXEN Focal Point RA

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Women´s Rights, Child Rights, Trafficking in Human Beings Helmut SAX Team leader Child rights, Trafficking in Human Beings, Devel- opment Cooperation Angelika KARTUSCH Women’s rights (on maternal leave since Novem- ber 2010) Sabine MANDL Women’s rights RA Julia PLANITZER Women’s rights, Trafficking in Human Beings,

Human Rights Education Patricia HLADSCHIK Team leader RA Zentrum polis Ingrid AUSSERER Zentrum polis RA Verena GROLL Zentrum polis (January 2010) RA Maria HAUPT Zentrum polis RA Michael NUßBAUMER Zentrum polis (until June 2010) RA Dorothea STEURER Zentrum polis RA Elisabeth TUREK Zentrum polis RA

Digital Rights Christof TSCHOHL Data protection, Fundamental Rights

Administration, Assistance Helga BAUMSCHABL Secretariat, COST Action RA Margit BRAUN Secretariat Vreni HOCKENJOS Co-ordination college “Empowerment through Univ. Human Rights" Vienna EMA Master RA

Rainer JANTSCHER IT-Support Martin NEUBAUER Secretariat, Accounting Karl SCHÖNSWETTER Accounting RA Oghenerukevwe UNOKAN Cleaning RA Tanja VOSPERNIK Library (on maternal leave since August 2010) Barbara WEICHSELBAUM University Assistant to Prof. Tretter Univ. Vienna Katharina WÖLFEL Project Development

Research Platform „Human Rights in the Euro- Univ. pean Context“ Vienna Susanne ZANJAT Secretariat, Apprentice RA

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Research Fellows Alsu NASYROVA Research fellow Straniak Foundation (until Janu- RA ary 2010)

Twinning Experts Fatma ALTZINGER Victims’ protection, Turkey Markus BRENTSCHUN-KOSIELSKI Use of force, Turkey Marianne GAMMER Victims’ protection, Turkey Annemarie GINTHÖR Gender equality, Turkey Karl-Heinz GRUNDBÖCK Use of force, Turkey Marion GUERRERO Gender equality, Turkey Lukas GUNDERMANN Data protection, Montenegro Barbara GÜNTHER Victims’ protection, Turkey Waltraut KOTSCHY Data protection, Montenegro Barbara UNTERLERCHNER Victims’ protection, Turkey

Temporary staff, freelancers Jasmine BÖHM Diversity and equal opportunities Johanna EDTHOFER Equality Bodies Elamin ELYAS Trainer „Recht hat JedeR?!“ RA Simon FLACKS LARRGE project Volker FREY FRALEX Study – Update of Homophobia and Discrimination on Grounds of Sexual Orientation: Legal Analysis Sabrina FUCHS Trainer „Recht hat JedeR?!“ RA Iska GSCHAIDER Trainer „Recht hat JedeR?!“ RA Susanne HAJEK Development of a database fort he Research Plat- form Nathalie HARDY-LANG LARRGE project Alexander HASENBURGER Trainer „Recht hat JedeR?!“ RA Elisabeth HOLZLEITHNER Equality Bodies Herbert KEINDL Trainer „Recht hat JedeR?!“ RA Stefan LIRSCH Trainer „Recht hat JedeR?!“ RA Ilse MARSCHALEK Trainer „Recht hat JedeR?!“ RA Niko REINBERG Trainer „Recht hat JedeR?!“ RA Sebastian SCHLEMBACH Diversity and equal opportunities Andrea SÖLKNER Development cooperation RA

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Social Inclusion and Human Rights in Macedonia Elisabeth STRASSER Trainer „Recht hat JedeR?!“ RA Bärbel Heide UHL Combating trafficking for the purpose of labour exploitation Martina WIENER Trainer „Recht hat JedeR?!“ RA

Volunteers, academic trainees, interns Angelika AUMANN Tanja BLUMREISINGER Caroline BOGENSCHÜTZ Julia BRETTSCHUH Luz Esmeralda CARDONA CANALES Johanna EDTHOFER Andrea FÖDERLER Adrian GASSER Johanna GÖTZENDORFER Lilian Sarah HAGENLOCHER Angelika Maria HEIDER Markus KEMPTNER Marlene KEUSCH Franziska KOHLER Lisa LICHTENEGGER Ferdinand LISCHKA Aamir MUMTAZ Marie NAASS Alois PERNSTEINER Dominika PLASCHG Sarah PONESCH Sophie PORNSCHLEGEL Julia RASCHHOFER Robert RYBSKI Sebastian SCHLEMBACH Sahib SINGH Natalia STAROWICZ Carmen TEUBL Marija TOMIC Alexandra TOTH Marion WENTY Julia WOJTA Alice WURMBÖCK Stefanie ZAUNER

Board and auditors BIM Research Association Hannes TRETTER Director Fiona STEINERT Director Thomas HÖHNE Auditor Jutta ZALUD Auditor

Board of trustees BIM Research Association Kerstin BUCHINGER Marion KIRSCH Andrea SÖLKNER Katrin WLADASCH

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Projects

Fundamental Rights / Human Rights Extraterritorial human rights obligations ...... 39 COST Action: The Role of the EU in the UN Human Rights Reform...... 40 Universal Periodic Review (UPR) – Preparatory Process in Austria ...... 41 Assistance to the Management Board of the EU Fundamental Rights Agency ...... 42 FRALEX – EU Fundamental Rights Agency: Independent Legal Experts...... 43 „this human world“ – Austrian Human Rights Film Festival...... 44 Training Curriculum on Fundamental Rights for Judgeship Trainees ...... 45 European Master’s Degree in Human Rights and Democratisation (E.MA) ...... 46 Human Dignity and Public Security Support of the UN Special Rapporteur on Torture ...... 47 Atlas of Torture: Monitoring and Preventing Torture Worldwide...... 49 Study on the situation of torture in Nigeria...... 50 Implementation of OPCAT in Austria...... 51 Assistance to the Human Rights Advisory Board and its Visiting Commissions...... 52 Human Rights in Development Co-operation and Business Strengthening the principles of Human Rights in the Austrian Development Cooperation ...... 53 Social Inclusion and Human Rights in Macedonia ...... 54 Inclusive Tanzania – Inclusive education and political participation of persons with disabilities...... 55 Labour – Rights – Responsibilities – Guide (LARRGE) ...... 56 Accountability for labour rights in global production networks ...... 57 Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements...... 59 Consultancy of the Austrian Export Credit Agency ...... 60 European Neighbourhood and Integration Policy EU-Twinning Light: Setting up an efficient National Preventive Mechanism in Romania ...... 61 EU-Twinning – Development of work with juveniles and victims by the Turkish National Probation Service...... 62 EU-Twinning – Promoting Gender Equality in Working Life ...... 63 EU-Twinning – Support to the strengthening of the Ombudsman Office in Serbia ...... 64 EU-Twinning: Implementation of personal data protection strategy in Montenegro ...... 65 DANIDA: Turkey Political Criteria Programme (TPCP II)...... 66 Civil society peace-building round tables for Georgia...... 67 Anti-Discrimination, Diversity and Asylum Diversity and Equal Opportunity at the Workplace ...... 68 Equality Bodies ...... 69 Developing a data collection template for equality bodies with quasi-judicial powers...... 70 Comparative Study on Ombuds Institutions in the Australasian and Pacific Region ...... 71 Europe of Minorities ...... 72 Integration and Naturalisation tests, the new way to European Citizenship (INTEC) ...... 73 RAXEN Focal Point for Austria...... 75 Elective Course of Lectures on “Protection against Discrimination” ...... 76 Women's Rights, Child Rights, Anti-Traffickingh War and Armed Conflicts – No Peace Without Women!? ...... 77 Combating Trafficking in Human Beings for Labour Exploitation ...... 78 COMP.ACT – European Action for Compensation for Trafficked Persons ...... 79 Trafficking in Human Beings – Slavery in the 21st century ...... 80 Children’s views on involvement in European and international decision-making ...... 81 INTEGRACE – Integrating Refugee and Asylum-seeking Children in the Educational Systems ...... 82 Human Rights Education Zentrum polis – Politik Lernen in der Schule ...... 83 Digital Rights Data Security – Amendment of the Telecommunication Law...... 85 Workshop: The responsibility of private IT-companies with regard to protection of personal data ...... 86

38 Extraterritorial human rights obligations

Summary

States are increasingly in a position to influence human rights of persons living outside their territory – this is due to inter alia technological progress, the developments of new weapons and closer trade relationships. States are also increasingly – not least since 9/11 – willing to act extraterritorially. In this context the question arises to what extent extraterritorially acting States are obliged under international law to respect, protect and fulfill human rights of those persons. Despite the rise in extraterritorial activities and/or activities with extraterritorial implications those questions have not been solved yet. The aim of this research project was to find out under what circumstances international human rights treaties (with regard to civil and political rights but also economic, social and cultural rights) and the Grundgesetz [Basic Law for the Federal Republic of Germany] oblige States to respect and ensure human rights of persons whose human rights are affected and who reside abroad. Apart from that, questions relating to the relationship between the extraterritorial application of human rights and humanitarian law and relating to possible complaints and remedial mechanisms for victims of extraterritorial human rights violations are dealt with. The study comes to the conclusion that extraterritorially acting States are obliged to respect human rights of persons from other States in any case and to protect and guarantee human rights under certain circumstances. Especially the extraterritorial exercise of power (independent of its legitimacy) leads to positive obligations, i.e. in cases of occupation, extraterritorial arrest, refoulement, but also when economic sanctions are imposed.

Country global

Persons Author Margit Ammer involved

Contact Margit Ammer, [email protected]

Lead German Institute of Human Partner Ludwig Boltzmann Institute of organisation Rights organisation Human Rights

Starting/ October 2009 to February 2010 end date

Publication In preparation

Funded by German Institute of Human Rights

39 COST Action: The Role of the EU in the UN Human Rights Reform

Summary

The new COST Action The Role of the EU in the UN Human Rights Reform builds upon the cooperation of the AHRI network (Association of Human Rights Institutes) in the framework of the former COST Action Human Rights, Peace and Security in EU Foreign Policy. The main objective of the Action is to increase and consolidate knowledge of the ongoing process of institutional and procedural reforms of the United Nations human rights system, so as to recommend standpoints for the European Union in this process working towards strengthening the protection of human rights world-wide. The total number of participating countries (presently 17) has more than doubled since the start of the Action. In 2009, four countries (Iceland, Ireland, Israel and Spain) joined the Action, another five countries (FYR of Macedonia, Italy, Luxembourg, Poland and Sweden) in 2010. In the context of the UN treaty body reform, the most innovative idea of reform – the creation of a World Court of Human Rights – emanates directly from the COST Action. The consolidated version of a draft statute for a World Court has been published in 2010 as first publication of this Action (by Julia Kozma, Manfred Nowak and Martin Scheinin) and formally submitted to a Panel of Eminent Persons established by the Swiss Government for the purpose of developing a global Agenda for Human Rights. Furthermore, various innovative ideas of reforming the Human Rights Council were developed and discussed. Another focus of the Action has been on developments regarding partnerships and UN human rights development tools. The Annual Conference of 2010 took place in Reykjavik (hosted by the Icelandic Human Rights Centre) and was also a celebration of the 10th Anniversary of the AHRI network. Participants of this conference – under the theme of “Reforming Human Rights Institutions. Progress and Status” – included practitioners, researchers and experts from member institutions as well as scholars and scientists from universities all over Europe. http://w3.cost.esf.org/index.php?id=233&action_number=IS0702 http://www.ahri-network.org/

Countries Europe

Persons Management Committee Manfred Nowak involved Chair

BIM COST participants Julia Kozma Karin Lukas Roland Schmidt

Administration Helga Baumschabl

Contact Helga Baumschabl, [email protected]

Lead COST Office, Partner Association of Human Rights organisation Ludwig Boltzmann Institute organisation Institutes of Human Rights Research Platform “Human Rights in the European Context”

Starting/ 2009 to 2013 end date

Publication Kozma, Julia/Nowak, Manfred/Scheinin, Martin A World Court of Human Rights – Consolidated Statute and Commentary. Neuer Wissenschaftlicher Verlag, 2010

Funded by European Commission – Research Framework Programme, European Science Foundation

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Universal Periodic Review (UPR) – Preparatory Process in Austria

Summary

On the occasion of the Universal Periodic Review (UPR) of Austria by the UN Human Rights Council in January 2011, the Austrian government had to compile a state report on the human rights situation in Austria, with the involvement of civil society. To structure the dialogue between members of civil society and representatives of the relevant ministries, the European Training and Research Centre for Human Rights and Democracy (ETC) and the Ludwig Boltzmann Institute of Human Rights were commissioned to organise Round-Tables in Graz and Vienna dealing with the review of the Austrian human rights situation. At the Round-Tables government representatives provided information about the Austrian UPR process in 2010 and 2011 and presented the proposed structure and content of the state report; the latter was discussed in thematic working groups by, both government and NGO representatives. The Austrian Foreign Ministry and the Federal Chancellery, which were jointly responsible for the coordination of the state report, received a summary of the discussion results of the working groups on the topics women’s rights, anti-discrimination, judiciary and police, migration, rights of persons with disabilities as well as economic, social and cultural rights. In the context of the review process a NGO-platform was founded which co-ordinated the separate civil society reporting to the UN. Full state report: http://www.upr-info.org/IMG/pdf/A_HRC_WG-6_10_AUT_1_E.pdf Report of the civil society platform “Menschenrechte Jetzt” (Human Rights Now): http://www.menschenrechte-jetzt.at/wp-content/uploads/2010/09/Initiative-Englisch.doc

Country Österreich

Persons Speaker Manfred Nowak involved Concept and organisation Anna Müller-Funk Fiona Steinert

Facilitation Round Table Margit Ammer, Patricia Hladschik, Marta Hodasz, Angelika Kartusch, Barbara Linder, Manfred Nowak

Contact person Anna Müller-Funk, [email protected]

Lead Ludwig Boltzmann Institute Partner  European Training and organisation of Human Rights – organisations Research Centre for Research Association Human Rights and Democracy (ETC)  Federal Ministry for European and International Affairs Projektstart/ March to June 2010 -ende

Publikation -

Finanziert durch Austrian Federal Chancellery Federal Ministry for European and International Affairs

41 Assistance to the Management Board of the EU Fundamental Rights Agency

Summary The European Union Agency for Fundamental Rights (FRA), established on 1 March 2007 in Vienna, has resumed and continuously expanded the work of the former European Monitoring Centre on Racism and Xenophobia (EUMC) in 2008. The Agency’s objective is to provide the relevant institutions and authorities of the EU and its member states with assistance and expertise relating to fundamental rights when implementing the Community law. Above and beyond giving advice to institutions and Member States, FRA is in charge of the collection and analysis of comparable information and data on the fundamental rights situation and its development in the EU, as well as in developing methods and standards to improve the quality and comparability of data at EU level. The Agency’s main tasks further comprise the realisation and promotion of scientific research and surveys as well as co-operation with civil society and awareness- raising, aimed at the establishment of a network through a Fundamental Rights Platform. On 23 January 2008 the Council adopted a Multiannual Framework for the Agency according to which FRA will primarily be engaged in the following issues: racism, xenophobia and intolerance, all forms of discrimination, compensation of victims, the rights and protection of children, asylum, immigration and integration, visa and border control, the right to democratic participation in the EU, data protection and respect for private life, and last but not least access to efficient and independent justice. Hannes Tretter is the Austrian independent member of the Management Board (MB) of FRA, which is in charge of the formulation of a Multiannual Framework Programme for the Agency, the determination of FRA’s annual work programme and budgeting, the adoption of the annual report and the appointment and dismissal of the Agency’s director. On 7 March 2008 the MB decided to appoint Morten Kjærum from Denmark as first Director of the Agency, who took up his post on 1 June 2008. In his function as vice chair of the FRA MB, Hannes Tretter is also member of the Executive Board, which prepares the decisions of the MB and consults the director. In December 2009 at the eighth FRA MB meeting, Hannes Tretter has been re-elected as the vice chair of the FRA MB. In the exercise of these functions the scientific assistance provided by the BIM is essential, with regard to research on and suitable preparation of issues and questions in the context of the tasks of FRA and the MB. Additionally it includes the organisation and professional managing of “Round Table” discussions, the coordination of scientific institutions, NGOs, political actors and public authorities, as well as the dissemination of information on FRA’s activities amongst the latter and the public. Homepage: http://fra.europa.eu

Countries Austria, EU Member States

Persons Vice Chair of FRA Hannes Tretter involved Management Board

Scientific and administrative Anna Müller-Funk assistance Contact Anna Müller-Funk, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights – organisation(s) Research Association Starting/ Ongoing since September 2007 end date Publication Müller-Funk, Anna / Tretter, Hannes: The European Agency for Fundamental Rights in 2009: Opportunities, Responsibilities and Prospects, in: Wolfgang Benedek, Wolfram Karl, Florence Benoit-Rohmer und Manfred Nowak (Hrsg.): European Yearbook on Human Rights 2010, Neuer Wissenschaftlicher Verlag, 2010. Funded by Austrian Federal Chancellery

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FRALEX – EU Fundamental Rights Agency: Independent Legal Experts

Summary

On 1 March 2007, the European Union Agency for Fundamental Rights (FRA) was established on the basis of Council Regulation 168/2007. The Agency’s objective is to provide the relevant institutions, bodies, offices and agencies of the Community and the Member States with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights. Since November 2007 the Agency is supported by national teams of independent and highly qualified legal experts in each of the Member States. The role of the legal experts is to collect relevant data, particularly official statistical data and information on case law, as well as examples of good practice. In January 2008, the FRA decided on a multiannual framework programme and determined its thematic areas of work as follows: racism and xenophobia; discrimination; compensation of victims; the rights of the child; asylum and immigration; visa and border control; participation of EU citizens in the Union's democratic functioning; data protection; and access to justice. Upon the Agency’s request the Austrian legal experts of BIM in 2010 provided a national thematic study on specific fundamental rights issues in the MAF areas; as well as three quarterly bulletins.

Countries Austria, EU Member States

Persons Senior legal expert Manfred Nowak involved Legal experts Margit Ammer, Julia Kozma, Julia Planitzer, Helmut Sax, Christof Tschohl, Katrin Wladasch

Scientific Co-operation Kerstin Buchinger Stefanie Dörnhöfer Volker Frey Heinz Trompisch

Contact Barbara Liegl, [email protected] (from 1 January 2010 onwards)

Lead Human European Partner One expert team per EU organisation Consultancy, NL organisations Member State

Starting/ November 2007 to November 2010 end date

Publication Contributions to the following 2010 FRA publications: National Human Rights Institutions in the EU Member States Data Protection in the European Union: the role of National Data Protection Authorities The impact of the Racial Equality Directive – Views of trade unions and employers in the European Union The right to political participation of persons with mental health problems and persons with intellectual disabilities Homophobia, transphobia and discrimination on grounds of sexual orientation and gender identity

Funded by EU Fundamental Rights Agency (FRA)

43 „this human world“ – Austrian Human Rights Film Festival

Summary From 2 to 10 December 2010, the human rights film festival “this human world” took place for the third time, with BIM as one of the main partners of the festival. On the occasion of the international human rights day (10 December), the festival aims to raise awareness for the worldwide situation of human rights. More than 100 films were screened, highlighting the variety of human rights issues. As a research institution BIM took over the role to analyse the issues raised in the films from a human rights perspective and make them accessible for the wider audience by hosting panel discussions with BIM as well as invited experts. Those events were also part of the seminar “Cinema and Human Rights”, which was offered during the winter term at the University of Vienna for the fifth time. One of the highlights of the festival was the documentary “The Response” screened at the Burgkino, followed by a discussion with Mustafa Aitidir, a former Guantanamo detainee, and the former High Representative to Bosnia, Wolfgang Petritsch. The other films screened were “There once was an island”, documenting the threatening consequences of climate change for the indigenous population on a small atoll in the South Pacific; “Pray the Devil Back to Hell” on the courageous role played by women in the peace process in Liberia; “We are half of Iran’s population” on the situation of women in Iran and their demands in prior to the presidential elections in 2009; as well as “FC Chechnya” on the situation of Chechen asylum seekers in Austria. The documentary is the first movie directed by former BIM intern and student of the “Cinema and Human Rights” class Fahad Mustafa and won the audience award. In total the festival attracted an audience of more than 10,000 visitors, with about 1,000 visitors attending the evenings organised by the BIM. Weblinks: http://www.thishumanworld.at, http://human-rights.univie.ac.at

Countries Austria

Persons Organisation Roland Schmidt involved Anna Müller-Funk Julia Zeilinger

BIM-Experts Manfred Nowak (Moderation, Podium „the Response“ Margit Ammer (Podium „There once was an island“) Sabine Mandl (Podium „Pray the devil back to hell“)

Contact person Roland Schmidt, [email protected]

Lead Top Kino, Vienna Partner  Ludwig Boltzmann organisation organisations Institute of Human Rights  Liga für Menschenrechte  Amnesty International  Research Platform “Human Rights in the European Context”  many others Starting/ 2 to 10 December 2010 end date

Publication -

Funded by Funding: Wien Kultur, Austrian Ministry for Foreign Affairs, Austrian Development Agency, and others Sponsoring: Freshfields Bruckhaus Deringer LLP, Air Berlin, Museumsquartier, and others

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Training Curriculum on Fundamental Rights for Judgeship Trainees

Summary

In cooperation with the Federal Ministry of Justice, the Association of Austrian Judges (Department „Fundamental Rights”), the Austrian Institute for Human Rights (ÖIM) in Salzburg and the European Training Centre for Democracy and Human Rights (ETC) in Graz, the BIM has been developing a human rights curriculum for judgeship trainees. In 2008 a first round of fundamental rights seminars was conducted, which have continuously been modified and optimised based upon both, the lecturers’ experiences and the feedback received from the participants. In 2010 altogether 3 seminars took place, 2 of them within the district of the higher regional court Vienna, arranged by the BIM-team in February and September 2010. The fundamental rights trainings take two and a half days, are mandatory for judgeship trainees and relevant for their examination. The evaluation shows that the seminar is highly appreciated by target group. To provide a basis for the training of judgeship trainees, a script was being drafted that explains, clarifies and provides case studies on sensitive issues with regard to fundamental and human rights. In 2010, the script has been updated and revised. The seminars are based on a tandem-principle, in which human rights experts from the three institutes train the participants together with senior judges. The curriculum as such has a strong focus on the rights and freedoms guaranteed by the “European Convention on Human Rights” and the “EU Charta of Fundamental Rights”, e.g. the right to liberty and security, the right to a fair trial, the right to respect for private and family life, freedom of expression and the prohibition of discrimination.

Country Austria

Persons involved Legal researchers, lecturers Astrid Steinkellner Hannes Tretter Christof Tschohl

Project leader Hannes Tretter

Contact person Astrid Steinkellner, [email protected] Christof Tschohl, [email protected]

Lead Ludwig Boltzmann Partner  Association of Austrian organisation Institute of Human Rights organisations Judges (Fundamental Rights Department)  Federal Ministry of Justice  Austrian Human Rights Institute (ÖIM), Salzburg  European Training Centre for Democracy and Human Rights (ETC), Graz Starting/ Ongoing since April 2007 end date

Publication Buchinger, Kerstin/Hodasz, Marta/Steinkellner, Astrid/Tretter, Hannes/Tschohl, Christof/Apostolovski, Veronika/Kumar, Sarah/Starl, Klaus/Czech, Philip/Schöpfer, Eduard Christian: Grundrechte im gerichtlichen Berufsalltag, Skriptum zum RiAA-Grundrechtsmodul 2010, Vienna, Federal Ministry of Justice, 2010 http://bim.lbg.ac.at/en/training-curriculum-fundamental-rights-judgeship- trainees/skriptum-fuer-grundrechteseminar-fuer-riaa-erhaeltlich

Funded by  Federal Ministry of Justice (concept, script)  Higher Regional Courts of Vienna, Graz, Linz and Innsbruck (seminars)

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European Master’s Degree in Human Rights and Democratisation (E.MA)

Summary

The European Master’s Degree in Human Rights and Democratisation (E.MA) is a one-year, inter- university and inter-disciplinary postgraduate programme. The programme aims at educating experts in the field of human rights and democratisation and to prepare them for their future work in international and human rights oriented organisations, such as the EU, UN, OSCE and NGOs. During the first semester, which is taught in Venice, the students receive a comprehensive introduction into the historical, philosophical, anthropological, political and legal fundamentals of international human rights. At the end of the first semester, the BIM organises a field trip to Kosovo. The students spend the summer semester in one of the 41 participating universities all over the EU, where they take part in seminars and write their master thesis. In 2010, four Master students (“Masterini”) from Belgium, Kenya and the Netherlands came to Vienna during their second semester. Their theses focused on topics ranging from an analysis of the right to reparation of victims of “extraordinary renditions”, the legal situation of ex-Guantánamo detainees in Europe, a case study on coalition governments in Zimbabwe and Kenya, to the relationship between a future World Court of Human Rights with other United Nations human rights mechanisms. For further information about E.MA see: http://www.emahumanrights.org/ and http://www.eiuc.org/

Countries EU Member States

Persons E.MA National Director Manfred Nowak involved E.MA National Coordinator Julia Kozma

Thesis supervisors Moritz Birk Tiphanie Crittin Julia Kozma Johanna Lober Roland Schmidt

Organiser of the Kosovo Marijana Grandits field trip

Contact Julia Kozma, [email protected]

Lead European Inter-University Partner 41 participating universities in organisation Centre for Human Rights organisations all EU Member States and Democratisation (EIUC)

Starting/ Ongoing since September 1997 end date

Publication E.MA Awarded Theses collection

Funded by  European Commission  Regione del Veneto, IT  Municipality of Venice, IT  United Nations Educational, Scientific and Cultural Organization (UNESCO)  Office of the United Nations High Commissioner for Human Rights

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Support of the UN Special Rapporteur on Torture

Summary

On 1 December 2004, Manfred Nowak was appointed UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment by the Chairperson of the UN Human Rights Commission in Geneva. This independent expert function is of an honorary nature. In addition to dealing with complaints from torture victims, their families and NGOs on a daily basis, the support work for the Special Rapporteur consists in extensive preparation and follow-up work in relation to fact-finding missions carried out all over the world. In 2010, Manfred Nowak and his team conducted in total three missions to Jamaica, Papua New Guinea and Greece in order to assess the situation regarding torture and conditions of detention in these countries and to offer cooperation in eliminating the practice of torture. In March 2010, Manfred Nowak presented his last report to the Human Rights Council (HRC) in Geneva, on the missions of Uruguay and Kazakhstan. His main topic was a global study on torture, other forms of ill-treatment and conditions of detention in the world today. He concluded that torture remains a global phenomenon practiced widely in many countries. In April, the Special Rapporteur attended the 12th UN Congress on Crime Prevention and Criminal Justice in Salvador de Bahia, Brazil, where he presented the idea of a UN Convention on the Rights of Detainees. In June, he presented to the HRC a joint Report on Secret Detention in the Context of Countering Terrorism, where he assessed that secret detention amounts to enforced disappearance and facilitates acts of torture. In September, a follow-up visit was organized in Astana, Kazakhstan, by the Regional Office of the OHCHR, to assess the progress accomplished by the Government in implementing the recommendations of the Special Rapporteur. Manfred Nowak wrote his last report to the UN General Assembly in October 2010, which was focused on impunity, rehabilitation centres for victims of torture and the role of National Preventive Mechanisms. He also made a brief presentation of the missions to Jamaica, Papua New Guinea and Greece. In addition to supporting the mandate, the team implemented other projects related to the prevention of torture. For example, the team drafted a study on the upcoming review of the HRC. Further information: http://www2.ohchr.org/english/issues/torture/rapporteur

Countries Worldwide mandate

Persons UN Special Rapporteur on Manfred Nowak involved torture and other cruel, inhuman or degrading treatment or punishment

Research assistants Moritz Birk Tiphanie Crittin Julia Kozma Roland Schmidt Julia Zeilinger (from September 2010)

Contact person Manfred Nowak, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights organisations

Starting/ January 2005 to 1 November 2010 end date

Publications 2010 – General Assembly report – A/65/273 2010 Human Rights Council main report and Global Study – A/HRC/13/39 – A/HRC/13/39/Add.5 2010 Human Rights Council – Joint Study on Secret Detention in the Fight Against Terrorism – A/HRC/13/42

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2010 Human Rights Council – Preliminary note on the mission to Greece 2010 Human Rights Council – Mission to Papua New Guinea – A/HRC/16/52/Add.5 2010 Human Rights Council – Mission to Jamaica – A/HRC/16/52/Add.3 2010 Human Rights Council – Mission to Uruguay – A/HRC/13/39/Add.2 2010 Human Rights Council – Mission to Kazakhstan – A/HRC/13/39/Add.3

Funded by  Austrian Ministry of Foreign Affairs  Swiss Federal Department of Foreign Affairs  German Academic Exchange Service, Carlo-Schmid Programme  Principality of Liechtenstein  Hermann and Marianne Straniak Foundation

48

Atlas of Torture: Monitoring and Preventing Torture Worldwide - Building Upon the Work of the UN Special Rapporteur

Summary

After the end of his tenure as United Nations Special Rapporteur on Torture (UNSRT), Manfred Nowak and the BIM anti-torture expert team are implementing a follow-up project in 5 of the 18 countries visited during Prof. Nowak's tenure. The project titled ‘Atlas of Torture’ is funded by the EU and will focus on the empowerment of civil society organisations and other stakeholders to strengthen their capacity in the field of torture prevention. Over a period of three years the project foresees various activities, including trainings, workshops and the development of manuals in the areas of fighting impunity (lodging effective complaints), strengthening legal safeguards (access to lawyers, the role of medical personnel as well as judges) and developing independent monitoring of places of detention. In the first project phase that started in October 2010 the project team has carried out an impact assessment of all non-EU countries visited by the UNSRT by desk research, questionnaires sent out to local civil society organisations, and interviews with stakeholders from the international community and civil society. In addition, the concerned governments have been approached with the project idea. On the basis of the research 16 reports have been drafted assessing the willingness and ability of the government to improve the situation of torture in the country and the availability of civil society organisation to cooperate with the project team. Five countries have been selected in consultation with an external Advisory Board consisting of international experts in the field of torture prevention. It was decided to implement the project in Georgia and Paraguay in the first cycle (2011-2012). In addition, the team maintains the website www.atlas-of-torture.org monitoring the situation of torture worldwide. The website provides profiles for all States in the world with a regularly updated selection of the relevant official documents, NGO reports and jurisprudence related to the situation of torture and ill- treatment. Furthermore, it provides weekly updated news on the situation of torture in the world and substantive information on issues related to torture. The website, which is continuously expanded, is foreseen to serve as an information and communication tool within the Atlas of Torture project. Further information: www.atlas-of-torture.org

Countries Paraguay, Georgia

Persons Project leader Manfred Nowak involved Project coordinator Julia Kozma

Researchers Moritz Birk Tiphanie Crittin Johanna Lober Roland Schmidt

Project administration Martin Neubauer, Karl Schönswetter

Contact person Manfred Nowak, Julia Kozma, [email protected]

Lead Ludwig Boltzmann Institute Partner Research Platform “Human organisation of Human Rights organisations Rights in the European Context”, University of Vienna

Starting/ October 2010 to October 2013 end date

Publications www.atlas-of-torture.org

Funded by European Commission, Directorate General Development and Cooperation – EuropeAid, European Instrument for Democratisation and Human Rights Foundation "Hilfe zur Selbsthilfe", Unlimiting People Micro Loans, Berlin

49

Study on the situation of torture in Nigeria

Summary

The study examines the legal framework as well as the factual situation regarding the prevalence of torture and the conditions of detention in Nigeria. As a point of reference, the paper draws on to the insights gained by the UN Special Rapporteur on Torture in the course of his fact-finding mission to Nigeria in March 2007, the actions taken by the government since then as well as to the important work of Nigerian non-governmental organisations. As an introduction, the study provides an overview of the current general human rights situation in the country, also considering the historical and societal context. Special attention is given to the colonial legacy and the federal, ethnic and economic structure in place today. Against this background the currently applicable legal framework governing the prohibition of torture and conditions of detention is presented, and put into contrast with the findings of the UN fact finding mission as well as more recent studies produced by international and Nigerian NGOs. On the basis of this comparison, an enquiry is conducted into those structural elements which are responsible for the frequent, and partly systematic infliction of torture and the prevalence of inhuman conditions of detention.

Country Nigeria

Persons Authors Roland Schmidt involved Julia Zeilinger

Contact person Roland Schmidt, [email protected]

Lead Heinrich Böll Foundation Partner Ludwig Boltzmann Institute of organisation organisations Human Rights

Starting/ 2009 and 2010 end date

Publication Schmidt, Roland/Zeilinger, Julia: Study regarding the legal and factual situation of torture and other forms of cruel, inhuman, or degrading treatment and punishment and conditions of detention in Nigeria, 2010.

Funded by Heinrich Böll Foundation, Berlin

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Implementation of OPCAT in Austria

Summary

The Optional Protocol to the UN Convention against Torture (OPCAT) stipulates the creation of a nationwide system of monitoring visits to all places, where persons are deprived of their personal liberty. This includes, in addition to prisons and police detention facilities, closed psychiatric institutions as well as public or private custodial settings, where persons are placed and are not permitted to leave at will by order of any judicial, administrative or other authority. The Republic of Austria signed OPCAT in 2003, but the implementation of a National Preventive Mechanism is still pending. The current government programme foresees the designation of the Austrian Ombudsman Board as National Preventive Mechanism. In cooperation with Amnesty International Austria, members of the Human Dignity and Public Security Team at the BIM coordinated discussions with civil society representatives on the current status of implementation of OPCAT in Austria. In this framework, several civil society consultations were held, which resulted in a joint position paper supported by Caritas Vienna, Caritas Austria, SOS Mitmensch, Diakonie Austria, Vertretungsnetz and other stakeholders. In addition, fact-sheets and information material were produced in order to lobby during the political implementation process for full compliance with the requirements of OPCAT. BIM researchers also participated in different consultations with the Austrian Ombudsman Board. The project continues in 2011 with the political implementation process of OPCAT in Austria.

Country Austria

Persons Researchers Manfred Nowak involved Julia Kozma Moritz Birk Stephanie Krisper Johanna Lober

Contact Johanna.Lober, [email protected]

Lead Ludwig Boltzmann Institute Partner Amnesty International Austria organisation of Human Rights organisation

Project start/ ongoing since October 2010 -end

Publications Fact sheets and position papers

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Assistance to the Human Rights Advisory Board and its Visiting Commissions at the Austrian Ministry of the Interior

Summary

The Human Rights Advisory Board (HRAB) is mandated to advise the Federal Minister of the Interior in questions of the protection of human rights and to promote the consequent and systematic alignment of law enforcement authorities with human rights standards. The regular and systematic monitoring of the detention of individuals in the premises of law enforcement authorities is carried out by six regional commissions covering the entire territory of Austria. The office of the regional commissions 2 and 3 (covering parts of Vienna, Lower Austria and Burgenland) is located at the BIM. The BIM also seconds two legal researchers to the Secretariat of the HRAB, who assist in the preparation of thematic studies and support the working groups of the HRAB. Homepage: www.menschenrechtsbeirat.at

Country Austria

Persons Legal researchers HRAB Caroline Paar, Dominik Hofmann involved Coordination, Johanna Lober (until October 2010, maternity leave Commissions Vienna 2 and 3 replacement) Stephanie Krisper Barbara Kurz (since October 2010)

Director, Manfred Nowak Commission Vienna 2

Director, Peter Reinberg Commission Vienna 3

Members, Marijana Grandits, Gregor Wollenek, Vera Commission Vienna 2 Pfersmann, Walter Suntinger, Monika Vyslouzil, Sandra Gerö

Members, Karin Busch-Frankl, Elisabeth Friedrich, Anton Commission Vienna 3 Landsiedl, Helfried Haas, Bernhard Painz, Edith Vasilyev

Contact Commissions Vienna 2 and 3: persons Stephanie Krisper, Barbara Kurz, [email protected] Human Rights Advisory Board: Caroline Paar, Dominik Hofmann, [email protected]

Lead Ludwig Boltzmann Institute Partner Human Rights Advisory Board organisation of Human Rights – organisation (HRAB) Research Association

Starting/ Ongoing since July 2000 end date

Funded by Austrian Federal Ministry of the Interior

52

Strengthening the principles of Human Rights in the Austrian Development Cooperation

Summary

In 2007 the Ludwig Boltzmann Institute of Human Rights won the tender for framework contract with the Austrian Development Agency (ADA). Its goals were to further root Human Rights, Democracy and Good Governance, as well as Preventing Conflict and Securing Peace within the work of the Austrian Development Agency and the Austrian Federal Ministry for European and International Affairs (BmeiA). The transformation of ADA’s existing policy documents into practice was at the centre of the framework contract. Within the year 2010, the focus of the cooperation was on trainings for the implementation of the human rights manual, as well as on finalising the manuals on Good Governance and on Prevention of Conflict and Securing Peace. Further important topics of the cooperation were children’s rights, rights of persons with disabilities, justice sector reform, as well as women, peace and security. These topics were analysed through background studies and support documents. BIM also produced three issues of the electronic newsletter „Menschenrechte und Entwicklungszusammenarbeit“ (Human Rights and Development Cooperation) in 2010.

Countries Austria, Uganda

Persons Researcher, Coordination Christine Sommer, Claudia Sprenger involved

Researcher, Director Manfred Nowak

Researchers Claudia Hüttner Karin Lukas Sabine Mandl Helmut Sax

Contact person Christine Sommer, [email protected], Claudia Sprenger, [email protected]

Lead Ludwig Boltzmann Institute Partner organisation of Human Rights organisations

Starting/ December 2007 to December 2010 end date

Publication Huber-Grabenwarter, Georg/Nowak, Manfred/Sax, Helmut/Sommer, Christine/Walter, Franziska: Human Rights Manual. Guidelines for Implementing a Human Rights Based Approach, Vienna, 2010 (Published in German and English) Background and concept papers: Looking older than the Commission: The UN Human Rights Council in Need of a Facelift; Analysis of ADA-Projects related to UN-Security Council Resolution (UNSCR) 1325; Donor practice regarding Persons with Disabilities Newsletter “Human Rights and Development Cooperation” (3 issues in 2010)

Funded by Austrian Development Agency (ADA)

53

Social Inclusion and Human Rights in Macedonia

Summary

The project “Social Inclusion and Human Rights in Macedonia” aims at supporting the inclusion of the Human Rights-based Approach (HRBA) into the planning processes of the national and local authorities dealing with the issues of social inclusion, social protection and poverty reduction. The project is a follow-up to the pilot project “Human Rights and Poverty Reduction in Macedonia” (2006 – 2008) and builds on its results and on the recommendations of its external evaluation. The continuing support for the HRBA in Macedonia’s EU accession process shall produce socially inclusive policies as well as monitoring of social policy on the part of the civil society. On the national level, the specific project aim is to strengthen the accountability of the government with regard to human rights and social inclusion in policy making and monitoring. Within the framework of the project the Macedonian Anti-Poverty Platform (MAPP) was established in 2010, which consists of NGOs working on issues related to social exclusion, discrimination and poverty. The Macedonian platform was linked to the European Anti-Poverty Network (EAPN) and capacities in the field of monitoring and reporting the dimension of poverty and social exclusion in Macedonia were strengthened. On local level the project strengthens the capacities of the duty-bearers – specifically municipalities and the Ministry of Labor and Social Policy (MLSP)’s decentralised Social Work Centres – to integrate social inclusion and human rights in the elaboration of local development plans as well as action plans for their implementation.

Country Macedonia

Persons Coordination Christine Sommer involved Project Management Petranka Delova Miladinova

Local Human Rights Experts Stojan Mishev Ninoslav Mladenovic

Administration Jagoda Iljov

Contact person Christine Sommer, [email protected]

Lead Ludwig Boltzmann Institute Partner  Association for Democratic organisation of Human Rights – organisations Initiatives (ADI) Research Association  Association of the Units of Local Self Government (ZELS)  Macedonian Helsinki Committee for Human Rights  Ministry of Labor and Social Policy (MLSP) Starting/ November 2009 to November 2012 end date

Publication Three background studies elaborated in 2010 (Human Rights Legal Framework, Analysis of the State of Social Inclusion at Local Level, Baseline Study on Poverty and Social Exclusion: Local Social Problems and Needs Perspective), to be published in 2011.

Funded by Austrian Development Agency (ADA)

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Inclusive Tanzania – Inclusive education and political participation of persons with disabilities through empowerment and capacity building

Summary

The collection and documentation of “Lessons Learnt and Good Practice Examples” is an integral part of the project “Inclusive Tanzania – Inclusive Education and Political Participation of People with Disabilities through Empowerment and Capacity-Building”. This project is carried out by Light for the World – Christoffel Development Cooperation, Austria in cooperation with the Information Centre on Disability (ICD), Tanzania and has a four year timeframe. BIM accompanies the implementation process for the purpose of the collection of good practice examples within this project to document and analyse the experiences of this pilot project in order to share them with other stakeholders in international development. After a field trip to Tanzania in 2008 reports with the following main fields of analysis were elaborated by the BIM: “Analysis and comparison of main developments in the rural and urban project area“ and „Exchange between grassroots and international level“ and „The Human Rights Based Approach of MTAJU (the Inclusive Tanzania Project) and Role of the partnership of the Information Centre on Disability – Light for the World”. After the official prolongation of the project until May 2011 the methodology and content of the forthcoming Manual were determined and the third project visit was prepared.

Country Tanzania

Persons Project Coordinator Magdalena Kern (Light for the World) involved Researcher Claudia Sprenger (BIM)

Contact person Claudia Sprenger, [email protected]

Lead Light for the World Partner  Ludwig Boltzmann Institute organisation organisations of Human Rights  Information Centre on Disability (ICD), TZ

Starting/ November 2006 to May 2011 end date

Publications Hüttner, Claudia: Lessons Learnt and Good Practice Examples. A comparative analysis of “Inclusive Tanzania” and similar development projects, March 2008 (unpublished) Sprenger, Claudia: Analysis and comparison of main developments in the rural and urban project area and Exchange between grassroots and international level, April 2009 (unpublished) Sprenger, Claudia: The Human Rights Based Approach of MTAJU (the Inclusive Tanzania Project) and Role of the partnership of the Information Centre on Disability – Light for the World, December 2009 (unpublished)

Funded by Light for the World

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Labour – Rights – Responsibilities – Guide (LARRGE)

Summary

Funded by the European Commission’s “Progress” program, this project has analysed the impact of a variety of Corporate Social Responsibility (CSR) tools used on the pan-European level on the implementation of fair working conditions, human rights and social standards. The results have been summarised and published in the so-called LARRGE Guide in June 2010. It provides companies of any size and business sector with a sound overview of the CSR tools and helps them identify which tool fits their needs best. To guarantee easy access and usability, the LARRGE Guide is available for free on the website www.larrge.eu. In the course of the project, great emphasis was put on the practical aspects of CSR tools. Therefore, the engagement of all stakeholders was of particular importance as to learn their experiences with the creation, implementation and application of these instruments. A two-day working conference, two round table discussions and a wide-spread online questionnaire aimed to ensure this holistic approach. Likewise, the LARRGE website has offered the possibility for ongoing dialog and feedback between CSR tool developers, companies, employees’ representations and civil society actors to guarantee an intensive and sustainable exchange even beyond the project’s duration.

Countries European Union

Persons Project Management and Karin Lukas involved Supervision Manfred Nowak

Research and Astrid Steinkellner project coordination Barbara Linder

Experts from partner Tom Sorell organisations Mike Baab

Contact Astrid Steinkellner [email protected] persons Barbara Linder [email protected]

Lead Ludwig Boltzmann Partner  Danish Institute for Human organisation Institute of Human Rights organisations Rights, DK  Centre for the Study of Global Ethics, University of Birmingham, UK  Human Rights Consulting Vienna  Network Social Responsibility  Austrian Chamber of Labour Starting/end January 2009 to June 2010 date

Publication Linder, Barbara/ Sorell, Tom/ Steinkellner, Astrid: Labour-Rights-Responsibilities- Guide (LARRGE), Wien, 2010 http://www.larrge.eu/en/larrgeguide/larrge-guide-inhaltsverzeichnis.html

Funded by European Commission, DG Employment, Social Affairs and Equal Opportunities Austrian Federal Ministry of Labour, Social Affairs and Consumer Protection Austrian Federal Ministry of Economy, Family and Youth

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Accountability for labour rights in global production networks

Summary

This research project examines the impact of global production and trade on the responsibility of states and enterprises for human rights, in particular labour rights. Based on the empirical findings of the previous year (labour rights problems arising in the areas of decent wages, working time, informal work practices and union representation in the apparel and electronics sector in Romania), the research team examined legal and political instruments to secure labour rights in global production networks. Existing mechanisms to secure labour rights in Global Production Networks (GPN) are still patchy. On the national level new promising instruments that reflect the host states responsibility to protect labour rights have emerged. For instance, some EU member states have introduced legislation to hold companies accountable for labour rights violations in supply chain relationships (“chain liability”). On the European level, the EU has been rather reluctant in terms of company regulation to ensure labour rights protection in GPN. With regard to current initiatives, an extension of the aforementioned national chain liability regimes to the EU level would be one important step to secure labour rights and ensure fair competition throughout the EU. On the level of social dialogue, European and International Framework Agreements between Transnational Corporations and European and Global Trade Unions have been signed to extend cooperative industrial relations to the company’s locations outside the home country. Their effectiveness depends on a number of factors such as the type of production network, the commitment of the lead firm, and the capacities as well as the political environment of the trade unions involved. Besides the proposals made in the report to improve the existing instruments for labour rights protection to make them more effective in the context of transnational corporate activities and complex global production arrangements, an international legal framework which holds Transnational Corporations accountable for labour rights violations in GPN, such as an International Convention on Combating of Human Rights Violations by Transnational Corporations, is needed. The patchwork activities that became apparent in the analysis of instruments in this study must be on the one hand supported and further developed but on the other hand also broadened and complemented by a concerted effort to establish international binding regulations for labour rights and other human rights violations of Transnational Corporations.

Countries Austria, Romania

Persons DOC-team Karin Lukas involved Leonhard Plank Cornelia Staritz

Dissertation and project Wilfried Altzinger (Vienna University of Economics supervision and Business) Manfred Nowak (University of Vienna, Ludwig Boltzmann Institute of Human Rights) Bernhard Ungericht (University of Graz)

Contact person Karin Lukas, [email protected]

Lead Ludwig Boltzmann Institute Partner  University of Vienna, organisation of Human Rights organisations Vienna University of Economics and Business Administration, University of Graz  A.U.R – National Organization of Human Resources Specialists, RO  Vasile Goldis Western University, RO

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Starting/ June 2008 to June 2010 end date

Publication Plank, Leohnard / Staritz, Cornelia / Lukas, Karin: Labour Rights in Global Production Networks I, AK Wien, 2009 Karin Lukas, Leonhard Plank, Cornelia Staritz, Securing Labour Rights in Global Production Networks, AK Wien, 2010

Funded by Austrian Academy of Sciences Austrian Chamber of Labour, Vienna, Network Science

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Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements

Summary

This research project examines the protection of workers rights through social standards in the sustainability chapters of bilateral agreements of the European Union with partner countries. In the course of the "Global Europe" strategy, the European Commission has created a new generation of bilateral trade and investment agreements which have harshly been criticized by civil society in the international debate. The main points of criticism concern the non-democratic negotiating processes as well as the non-implementation of labour and social standards in such agreements. The main chapter of the study consists of two sample texts that are recommended for sustainability chapters of future free trade agreements between the EU and developing or industrialized countries. A traffic light system in the sample chapters indicates the respective minimum (red), average (yellow) and maximum standards (made green). The study shows how future agreements can be designed in order to minimize harm to workers rights, or even improve these, and thus serves as a viable model for decision makers on the Austrian and European level.

Countries Austria

Persons Researchers Karin Lukas, Astrid Steinkellner involved

Project Supervision Karin Lukas

Contact person Karin Lukas, [email protected]

Lead Ludwig Boltzmann Institute Partner  University of Kassel organisation of Human Rights organisations  Austrian Chamber of Labour

Starting/ February to June 2010 end date

Publication Lukas, Karin/Steinkellner, Astrid: Social Standards in Sustainability Chapters of Bilateral Free Trade Agreements, AK Vienna, 2010

Funded by Austrian Chamber of Labour

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Consultancy of the Austrian Export Credit Agency (OeKB) on a Human Rights Based Approach in Export Services

Summary

BIM has been asked by the Austrian Export Credit Agency (OeKB) to support it in the elaboration and implementation of a human rights based approach in its export service. To this aim BIM works in close cooperation with the OeKB internal departments that are involved in the export service process. In a first phase the analysis focused on already existing processes and practical procedures within the framework of the environmental assessment procedures. In a second step BIM proposed a human rights due diligence model for the OeKB, which will be discussed and road-tested with the relevant departments. The overall aim of the consultancy is to implement a human rights due diligence process in the Austrian export service.

Countries Austria

Persons Researchers Barbara Linder involved Karin Lukas Manfred Nowak Astrid Steinkellner

Project lead Karin Lukas

Contact person Karin Lukas, [email protected]

Lead organisa- Ludwig Boltzmann Institute Partner- - tion of Human Rights – organisationen Research Association

Starting/ end 2010 to 2011 date

Funded by Oesterreichische Kontrollbank AG

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EU-Twinning Light: Support for setting up an efficient National Preventive Mechanism for an increased promotion and protection of human rights in places of detention in Romania

Summary

The overall objective of this Twinning light project was to increase the promotion and protection of human rights within detention places in Romania through the establishment of a National Preventive Mechanism. The project aimed at establishing the most suitable solutions for the implementation of such a National Preventive Mechanism (NPM) for preventing torture and other cruel, inhuman or degrading treatment or punishment in all detention places. Comparative analyses, workshops and roundtable discussions were carried out to reach this goal. On the basis of a fact finding mission to Bucharest and a series of consultations with the relevant Romanian institutions a comprehensive final report was elaborated by the project team. In addition to a state of play-description of existing inspection mechanisms in Romania, this reports contains a comparative study of NPM in six EU Member States as well as recommendations on feasible solutions for implementing an NPM in Romania. BIM contributed to the project, which was carried out by the German Foundation for International Legal Cooperation and the Romanian Ministry of Justice as Twinning partners, by providing extensive short term expertise on the establishment of NPMs, combating torture and the protection of human rights of persons in detention. The country report on the Austrian Human Rights Advisory Board and the final report are available for download on the BIM website.

Countries Romania

Persons BIM Key Experts Moritz Birk involved Julia Kozma Johanna Lober Hannes Tretter

Project Management (BIM) Susanne Fraczek Karin Leitner

Contact person Susanne Fraczek, [email protected]

Lead German Foundation for Partner  Ludwig Boltzmann Institute organisation International Legal organisations of Human Rights Cooperation  Beneficiary institution (RO): Ministry of Justice Starting/ December 2009 to July 2010 end date

Publication Lober, Johanna: The Austrian Human Rights Advisory Board. Birk, Moritz/Kirchgaesser, Ulrike/Kozma, Julia: Final Report on the possible solutions for the establishment of a National Preventive Mechanism in Romania.

Funded by European Commission, Directorate General Enlargement

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EU-Twinning – Development of work with juveniles and victims by the Turkish National Probation Service

Summary

The implementation of the project was started in January 2009 aiming at supporting the Ministry of Justice of the Republic of Turkey in its work of improving implementation of international and European standards in the field of community protection and preventing crime, by upgrading the capacity of the new probation service to rehabilitate the victims of crime and to prevent re-offending by juveniles. The project strived to consolidate the reforms that have been adopted through the previous Twinning project, which created the new national professional probation service in Turkey and established a basic level of practice. These objectives were fulfilled by a variety of activities under the lead of the National Probation Service for England and Wales including the joint development of intervention programmes for the different target groups, the further development of interagency work-systems approach and national standards and policy. BIM contributed to the victim support component of the project in cooperation with Weisser Ring Austria with the provision of training expertise, the development of specific victim support intervention programmes as well as the further development of interagency work and the organisation of a study visit to Austria on victim support.

Country Turkey

Persons Project management (BIM) Claudia Hüttner involved

Contact person Claudia Hüttner, [email protected]

Lead National Probation Service Partner  Ludwig Boltzmann organisation for England and organisations Institute of Human Rights Wales/NOMS Beneficiary Institution:  Ministry of Justice General Directorate of Prisons and Detention Houses, Ankara, Turkey Starting/ January 2009 to January 2011 end date

Publication -

Funded by European Commission – Directorate General Enlargement

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EU-Twinning – Promoting Gender Equality in Working Life

Summary

The overall objective of this Twinning project is to ensure gender equality in working life based on a legal framework that provides for equal treatment of women and men. The project purpose is to align Turkish legislation with the EU gender equality acquis, to improve the capacity of institutions responsible for the implementation of the acquis and raise awareness of a broader public. Under the first component experts analysed Turkish legal texts compared to the EU gender equality acquis (Directives) and relevant case-law of the Court of Justice. On the basis of the gap analysis a report will be elaborated providing recommendations on how to close the gaps. The focus of the second component lies on strengthening human resources capacity. The national administration, judges and social partners need to be made familiar with the EU acquis in order to guarantee proper enforcement of national legislation. Numerous trainings will be given and training plans and materials provided. The third component deals with awareness raising on gender equality through the development of appropriate materials (brochure, booklet) and public presentations and discussion of project results. BIM participates as Junior Partner to the German Federal Ministry of Labour and Social Affairs (BMAS) and mainly contributes to the alignment of Turkish legislation with the provision of a gap analysis and recommendations as well as training expertise on several fields of gender equality and the organisation of a study visit to Austria on gender equality legislation and its implementation.

Country Turkey

Persons Project leader (BIM) Karin Lukas involved BIM key experts Angelika Kartusch Julia Planitzer

Projektmanagement (BIM) Marion Kirsch

Contact person Marion Kirsch, [email protected]

Lead German Federal Ministry of Partner  Ludwig Boltzmann Institute organisation Labour and Social Affairs organisations of Human Rights, AT (Implementing Institution: German Association for Beneficiary institution (TR): Social Security Policy and  Ministry for Labour and Research (GVG)) Social Security Starting/ September 2010 to March 2012 end date

Publication -

Funded by European Commission, Directorate General Enlargement

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EU-Twinning – Support to the strengthening of the Ombudsman Office in Serbia

Summary

Given that the Institution of the Ombudsman – Protector of Citizens – was first introduced into the Serbian legal system by the National Assembly in 2005 and entrenched by the Constitution in 2006, the proposed project could significantly improve the professional skills of the present staff as well as provide for a form of life long learning for them. In this respect, the overall objective of this project is to contribute to the further democratisation of society, promotion of the principles of the rule of law, human rights and good governance through more efficient control of the legality in the work of public administrative bodies. The project also aims at supporting the Ombudsman's office to fully perform its mandate in order to ensure utmost legality and equity of public administrative acts vis-à-vis all citizens. To this end, the activities of the project are structured according to four crucial areas:  Organisational improvement of the Ombudsman’s Office in accordance with the best European practice  Cooperation among Ombudsman offices on all levels and cooperation with state bodies  Strengthening of the capacity of the Ombudsman's office in terms of human resources and technical equipment  Promoting the relationship with the professional and wider public and creating public awareness about the role and importance of the Ombudsman The BIM contributed to the project by providing short term expertise on human rights protection trainings.

Country Serbia

Persons BIM key experts Barbara Liegl involved Katrin Wladasch

Project Management (BIM) Marion Kirsch

Contact person Marion Kirsch, [email protected]

Lead The Greek Ombudsman Partner  The National Ombudsman organisation organisations of the Netherlands  Ludwig Boltzmann Institute of Human Rights  The Austrian Ombudsman Board

Beneficiary institution (SRB):  Ombudsman of the Republic of Serbia Starting/ September 2009 to December 2011 end date

Publication -

Funded by European Commission, Directorate General Enlargement

64

EU-Twinning: Implementation of personal data protection strategy in Montenegro

Summary

The project aims at strengthening the capacity of Montenegro for protection of personal data and implementation of the data protection legislation. One component of the project deals with the harmonisation of the legislation with the EU acquis. Another component aims to support the recently established independent Data Protection Supervisory Authority with specific training for the set-up of the authority. Training sessions for persons responsible for data protection in the ministries, other relevant institutions and in the private sector are also part of the project. BIM implements this project as leading institution together with the Montenegrin partners in cooperation with the Austrian Data Protection Commission (DSK) and in a consortium with the Information Commissioner of the Republic of Slovenia.

Country Montenegro

Persons Project Leader Waltraut Kotschy involved Resident Twinning Adviser Lukas Gundermann

BIM key experts Hannes Tretter Christoph Tschohl Christian Schmaus

Project Management Claudia Hüttner

Contact person Claudia Hüttner, [email protected]

Lead Ludwig Boltzmann Institute Partner  Information Commissioner organisation of Human Rights in organisations of the Republic of cooperation with the Slovenia Austrian Data Protection Beneficiary institution (MN): Commission  Ministry of Interior and Public Administration, Data Protection Supervisory Authority Starting/ November 2010 to January 2012 end date

Publication -

Funded by European Commission, Directorate General Enlargement

65

DANIDA: Turkey Political Criteria Programme (TPCP II)

Summary

The Danish Ministry of Foreign Affair’s European Neighbourhood programme has financed the TPCP since 2006. In the context of Turkey’s EU Accession, the programme aims at strengthening respect for human rights (HR) in Turkey through enhancing cooperation between government, legislature and civil society. Accordingly, the first phase of TPCP commenced in 2006 and came to an end in May 2009. Since the Turkish institutions and organisations relevant to promoting and upholding the HR reform agenda are still in the process of development, the second phase of the programme (TPCP II) has been initiated. Hence, the overall objective of TPCP II is to strengthen the capacities of the Ministry of Interior’s (MoI’s) Inspections Board as well as to promote human rights awareness through the IHOP platform and to further human rights dialogue and advocacy within the Turkish civil society and with government and legislature. The implementation of this project is based upon the two components: component 1 includes the support to the Ministry of Interior, while component 2 is predicated on the support to the IHOP Network. In Component 1 comprehensive training materials, covering Good Governance, Gender and Inspecting LEAs were approved by the programm implementation team. More than 150 Inspectors were trained in a series of events in Ankara, Izmir and Istanbul. Activities connected with CMS and database have started as well as the second edition of the human rights handbook. Two studies are currently carried out on the rights of marginalised groups and on the implementation of ECtHR decisions against Turkey. In Component 2 the IHOP board worked on their coherent overall strategy and on a Performance Management Plan. The development of a Fundraising Strategy showed considerable progress and the Strategy was adopted by the board. The IHOP Manager was supported in defining internal procedures and in implementing a grant monitoring. BIM-expert Barbara Liegl conducted expert’s interviews and focus group discussions during the first of three planned audits within the framework of Component 1.

Country Turkey

Persons Key Expert Barbara Liegl involved Project management (BIM) Heidrun Aigner

Contact person Heidrun Aigner, [email protected]

Lead PKF (UK) LLP Partner  ICON-INSTITUT Public organisation organisations Sector GmbH (Germany)  Ludwig Boltzmann Institute of Human Rights (Austria)

Beneficiary Institutions:  Turkish Ministry of Interior  IHOP-Network Starting/ July 2009 to May 2012 end date

Publication -

Funded by Ministry of Foreign Affairs of Denmark, DANIDA

66

Strengthening European partnerships for crisis prevention and response: Civil society peace- building round tables for Georgia

Summary

The overall objective of this project, funded under the Instrument for Stability and implemented together with the Georgian International Center on Conflict and Negotiation, was to contribute to an improved ability among EU institutions to anticipate and respond to situations of crisis by facilitating a partnership between these institutions and Georgian civil society actors specialised in the fields of conflict prevention, crisis management and peace building. For this purpose the project supported the cooperation of EU institutions with specialised civil society actors for peace-building in Georgia. Round table discussions with civil society actors, including representatives of vulnerable groups particularly affected by conflict, were organised by the project partners. These round table discussions, involving also representatives of EU institutions and missions, resulted in a set of recommendations on how to support the peace-building functions of civil society in Georgia. Being the outcome of thus a participatory process, the document “Supporting Georgian Civil Society in Peace-Building – Recommendations Document” contains brief problem analyses of seven priority areas for action on peace-building as well as concrete recommendations towards civil society itself, the Georgian government and international donors on how to strengthen the third sector in confidence- and peace-building, crisis prevention and reconciliation. The document has been published in both English and Georgian and is available for download on the BIM website.

Country Georgia

Persons Project Coordinators Susanne Fraczek, Marion Kipiani involved Researchers Christine Sommer, Claudia Sprenger

Contact person Susanne Fraczek, [email protected]

Lead Ludwig Boltzmann Institute Partner International Center on organisation of Human Rights organisations Conflict and Negotiation (ICCN), Tbilisi

Starting/ October 2009 to August 2010 end date

Publication Supporting Georgian Civil Society in Peace-Building – Recommendations Document, Tiflis, August 2010

Funded by European Commission, Instrument for Stability (IfS)

67

Diversity and Equal Opportunity at the Workplace

Summary

Despite existing legal framework conditions for anti-discrimination measures, in practice massive barriers still exist for those groups covered by anti-discrimination law. Within the scope of a project co- funded by the European Commission’s Progress programme, the anti-discrimination and asylum team at the Ludwig Boltzmann Institute of Human Rights in cooperation with businesses works towards an efficient implementation of non-discrimination rules, also, and notably, with regard to the structural dimensions of discrimination. The project is characterised by its practice-oriented approach to research. On the basis of the legal framework to combat discrimination and theoretical concepts to deal with diversity at the workplace, work will be carried out with model companies to develop concrete implementation strategies. In particular, the project aims to encourage organisation development processes which embrace the principles of equality mainstreaming. It is therefore requisite, together with the businesses, to assess their status quo concerning this matter, to determine company-specific objectives and to identify target- oriented measures, how and under which conditions they could be implemented. In order to be carried into execution, these tailored organisation development strategies will be placed at the companies’ disposal and then be integrated into a handbook for dealing with diversity and establishing equal opportunity at workplaces in Austria. In addition, a network of companies shall be established whose objective is to increasingly address the challenges of diversity among their employees and customers and who are willing to do so with a focus on providing for more equal opportunities.

Country Austria

Persons Project management Katrin Wladasch involved Researcher Barbara Liegl

Experts from partner Jasmine Böhm, Volker Frey, Gertraud Kücher, Lisa organisations Weber

Contact Katrin Wladasch, [email protected]

Lead Ludwig Boltzmann Institute Partner  Klagsverband zur organisation of Human Rights organisations Durchsetzung der Rechte von Diskriminierungsopfern  ZARA – civil courage and anti-racism work  respACT – business council for sustainable development

Starting/ December 2009 to November 2010 end date

Publication Wladasch, Katrin/Liegl, Barbara (eds): Vielfalt und Chancengleichheit im Betrieb – Ein Leitfaden für den Umgang mit Vielfalt und das Herstellen von Chancengleichheit in österreichischen Unternehmen, facultas, Wien 2010. http://bim.lbg.ac.at/files/sites/bim/Chancengleichheit/index.html

Funded by European Commission, DG Employment, Social Affairs and Equal Opportunities City of Vienna – MA 17, Diversity issues

68

Equality Bodies

Summary

The Antidiscrimination Team at the BIM in a consortium with the Human European Consultancy was contracted by the European Commission to conduct a study on Equality Bodies, which were established in implementation of EU Equal Treatment and Anti-Discrimination Directives. In the framework of the study it was analysed to which extent equality bodies established in the Member States are in compliance with the relevant EU Directives, which potentials Equality Bodies in combating discrimination and implementing equality at the level of the Member States as well as on European Union level have and which methods and strategies have proven to be successful in terms of utmost efficiency and impact (Good Practise). The study aimed at enabling important learning processes on the achievement of full potential in combating discrimination. On the basis of national reports a synthesis report was written by the consortium team, which comprises recommendations to the European Commission, the Member States and the equality bodies in order to improve their efficiency and impact. The BIM team was on the one hand involved in drafting the synthesis report and on the other hand responsible for writing the national reports on Austria and Liechtenstein.

Countries EU 27

Persons Project leader Katrin Wladasch involved Researchers Barbara Liegl Margit Ammer Johanna Edthofer

Contact person Katrin Wladasch, [email protected]

Lead Human European Partner Ludwig Boltzmann Institute of organisations Consultancy organisations Human Rights Starting/ January – September 2010 end date

Publications Ammer, Margit/Crowley, Niall/Liegl, Barbara/Holzleithner, Elisabeth/Wladasch, Katrin/Yesilkagit, Kutsal: Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010, abrufbar unter: http://ec.europa.eu/social/BlobServlet?docId=6454&langId=en Ammer, Margit/Edthofer, Johanna/Liegl, Barbara/Wladasch, Katrin: Austria, Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010, Vienna 2010 Liegl, Barbara/Edthofer, Johanna: Liechtenstein, Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC – Synthesis Report, 2010, Vienna 2010

Funded by European Commission, DG Employment, Social Affairs and Equal Opportunities

69

Developing a data collection template for equality bodies with quasi-judicial powers

Summary

The aim of the project is to develop a data collection template for those members of equinet, the Network of Equality Bodies, that are specialised equality bodies with quasi judicial or tribunal functions. They have the power to hear a case and bring a formal decision which is either legally binding or non- binding. The template covers all grounds specified in the Race Directive (2000/43/EC), the Employment Framework Directive (2000/78/EC) the Gender Goods and Services Directive (2004/113/EC) and the Gender Recast Directive (2006/54/EC) and fields encompassed by the Race Directive (2000/43/EC). It provides for flexibility in order to include other grounds and fields in usage in specific national contexts. The template is universally applicable and easy to understand and fill in, in order to support regular usage of the template. It asks for information on complaints, procedures, decisions and outcomes broken down by grounds and fields of discrimination as well as length of procedures. Comparability of the data is guaranteed by using categories and definitions designed to accommodate the diversity of the definitions and concepts of the different powers (e.g. assistance of victims, legal assistance, power of inquiry, take cases to court, etc.), procedural rules (e.g., hearing of parties and/or witnesses, involvement of experts, establish facts, etc.) and definitions (e.g. complaints, cases, decisions) of the various equality bodies. The deliverables include a data collection template and an explanatory background paper explaining the structure of and the most important concepts used in the template. The target group of the template and background paper, the equality bodies, participated in the development of these two deliverables by way of a survey, a workshop and a pilot testing of the template.

Country EU Member States and candidate countries

Persons Project leader Barbara Liegl involved Researchers Barbara Liegl Katrin Wladasch

Contact person Barbara Liegl, [email protected]

Lead  Ludwig Boltzmann Partner - organisations Institute of Human Rights organisations – Research Association Starting/ October 2010 to February 2011 end date

Funded by Equinet, European Network of Equality Bodies

70

Comparative Study on Ombuds Institutions in the Australasian and Pacific Region (APOR) of the International Ombudsman Institute (I.O.I.)

Summary

The comparative study on Ombudsman Institutions in the Australasia and Pacific Region (APOR) which are members of the International Ombudsman Institute (I.O.I.) analyses the legal basis and legal status of the institutions and their position within the political systems. Non-members of the IOI will be taken into account as far as possible. Aspects to be analysed in greater detail are the mandate in procedural and substantive respect, the impact of decisions of the institutions as well as their monitoring and data collection mechanisms, the accessibility of the institutions for individuals and in particular vulnerable and disadvantaged societal groups, their cooperation with other similar organisations and their information and awareness raising activities. All these elements will be taken into account when analysing the compliance of the legal provisions and their implementation by the institutions with international and regional human rights standards as well as guarantees of independence and pluralism. The final comparative research report will be based on literature review and the systematic analysis of the questionnaires submitted to the Ombudsman institutions; it will consist of two parts – the analysis and survey data.

Countries Countries of the Australasian-Pacific region

Persons Project leader Hannes Tretter involved Researchers Barbara Liegl Margit Ammer

Contact person Barbara Liegl, [email protected]

Lead Ludwig Boltzmann Institute Partner University of Vienna organisations of Human Rights organisations

Starting/ January 2011 to December 2011 end date

Funded by Ombudsman Board Austria International Ombudsman Institute

71

Europe of Minorities

Summary

The project „The Europe of minorities: impact of the case law of the European Court of Human Rights in relation to gays and lesbians, transexuals and migrants” aimed at enabling exchange of experience with combating discrimination of LGBT people and migrants in the Austria, Italy, Great Britain and Cyprus. In a series of working conferences in Bologna, London and Vienna, representatives from partner organisations and other selected experts presented their experiences as well as good practise models. The working conferences were focussing on issues like how to carry through a case at the European Court of Human Rights (ECHR), on the impact of ECHR’s case law, on the role of institutions, equality bodies, NGOs and on effective remedies and strategies in combating discrimination. A closing conference in Bologna in June 2010 aimed at presenting the findings of the working conferences as well as good practise examples to a wider public.

Country Austria, Italy, Great Britain, Cyprus

Persons Project leader Barbara Liegl involved Researcher Katrin Wladasch

Contact person Barbara Liegl, [email protected]

Lead  Arcigay, Associazione Partner  CESD – Centro Europeo organisations Lesbica e Gay Italiana, organisations Studi sulla Discriminazione, Bologna Bologna  Ludwig Boltzmann Institute of Human Rights, Vienna  AIRE Center - Advice on Individual Rights in Europe, London  SIMF – Symfiliosi, Nicosia Starting/ October 2009 to June 2010 end date

Funded by  European Commission, DG Education and Culture

72

Integration and Naturalisation tests, the new way to European Citizenship (INTEC)

Summary

Some trends towards harmonisation in the development of legislative provisions and the implementation of measures aiming at the integration of third country nationals have become evident. EU Directives 2003/86/EC and 2003/109/EC make reference to the possibility of introducing integration measures or requiring immigrants to fulfil an integration condition in order to be entitled to a certain status of residence. Little is known on the actual effects of this rather recent legislation on the behaviour of potential applicants and on the selective effects of obligatory integration requirements. The present project undertakes a first evaluation of the recent paradigmatic change in policy concepts concerning integration in nine Member States. The project provides detailed and reliable information on the content and the impact of compulsory elements in national integration policies. The main research questions focus on the reasons for introducing obligatory integration requirements, the way in which they were developed and put into practice and the actual effects of the requirements for immigrants. Special attention is paid to the differences between integration requirements of a voluntary and a compulsory nature. The project analyses not only integration courses or tests themselves as well as their effects but also the contents of these tests and how they reflect on the knowledge of society. Furthermore it looks into the framework conditions shaping these measures – political debates and discourse as well as the influence of immigrant organisations. Researchers have done literature reviews, secondary data analyses and have conducted interviews with immigrants that have actually participated in the courses and tests, teachers of integration courses, staff members of immigrant organisations and officials responsible for the actual application of the integration or naturalisation legislation. The project contributed to developing a network between the universities involved in the project by way of organising international seminars. The deliverables encompass a synthesis report comparing the approaches of the nine different Member States and nine national reports. Furthermore, a dissemination event presenting the results on Austria was organised on 26.11.2010 initiative interesting discussions among policy makers, scientists and representatives of civil society organisations.

Countries Austria, Belgium, Denmark, France, Germany, Hungary, Latvia, Netherlands, United Kingdom

Persons Project leader Bernhard Perchinig involved Researcher Barbara Liegl

Contact person Barbara Liegl, [email protected]

Lead  Radboud University Partner  Research Platform Human organisations Nijmegen organisations Rights in the European Context, University of Vienna  Catholic University of Leuven  Danish Institute for Human Rights  Institute for Migration Research and Intercultural Studies  Riga Graduate School of Law  Kent Law School Starting/ November 2009 to October 2010 end date

Publications Strik, Tineke/Böcker, Anita/Luiten, Maaike/van Oers, Ricky: The INTEC Project:

73

Synthesis Report - Integration and Naturalisation tests: the new way to European Citizenship, A Comparative study in nine Member States on the national policies concerning integration and naturalisation tests and their effects on integration, 2010 Perchinig, Bernhard: Country Report Austria, The INTEC Project: Integration and Naturalisation tests: the new way to European Citizenship, 2010

Funded by  European Commission, DG Justice, Freedom and Security  Research Platform Human Rights in the European Context, University of Vienna

74

RAXEN Focal Point for Austria

Summary

The European Union Agency on Fundamental Rights (FRA) – the former European Monitoring Centre on Racism and Xenophobia (EUMC) – collects information on racism, xenophobia, and antisemitism in the EU Member States. The Racism and Xenophobia Network (RAXEN) is set up for this purpose and is made up of so called “Focal Points”. In 2010, the coverage of the six main areas selected by the FRA was continued:  changes in legislation concerning migrant and autochthonous minorities,  racist and xenophobic incidents,  racism and discrimination in employment,  racism and discrimination in education,  racism and discrimination in housing,  racism and discrimination in health and social services. Key activities in 2010:  Update of the 2007 „National Data Collection Report Austria“, the report summarises the most important trends evident from quantitative and qualitative data in the six areas mentioned above. In 2010 the update additionally focuses on the participation of ethnic minorities in public life.  Bimonthly bulletins cover significant developments in anti-discrimination legislation and introduce recently published statistics and research reports.  Drafting of two thematic studies on “The asylum-seekers’ perspective: Access to the information and to effective remedies” and on “Racist and related hate crimes in the EU”. Project homepage: http://bim.lbg.ac.at/en/raxen-focal-point

Country Austria

Persons Researchers Margit Ammer, Marta Hodasz, Barbara Liegl, Katrin involved Wladasch

Director of the Focal Point, Barbara Liegl feedback and project lead

Contact [email protected]

Lead Ludwig Boltzmann Institute Partner ZARA – Zivilcourage und Anti- organisation of Human Rights – organisation Rassismus-Arbeit Research Association Starting/ RAXEN 10: April 2009 to March 2010 end date RAXEN 11: April 2010 to March 2011

Publications Ludwig Boltzmann Institute of Human Rights – Research Association/ZARA – Zivilcourage und Anti-Rassismus-Arbeit (2010) Thematic Study: The asylum- seekers’ perspective: Access to the information and to effective remedies, drafted by Margit Ammer Ludwig Boltzmann Institute of Human Rights – Research Association/ZARA – Zivilcourage und Anti-Rassismus-Arbeit (2010) Thematic Study: Racist and related hate crimes in the EU, drafted by Margit Ammer Ludwig Boltzmann Institute of Human Rights – Research Association/ZARA – Zivilcourage und Anti-Rassismus-Arbeit (2010) Complementary Data Collection: Contribution to the FRA Annual Report 2009, drafted by Johanna Edthofer, Marta Hodasz and Sebastian Schlembach

Funded by EU Fundamental Rights Agency (FRA)

75

Elective Course of Lectures on “Protection against Discrimination”

Summary

Following an initiative of the Chamber of Labour and in co-operation with the Ombud for Equal Treatment and the Law Faculty of the University of Vienna, the BIM experts designed a concept for an elective course of lectures on “Protection against Discrimination”. The elective course was offered at the Law Faculty of the University of Vienna in the winter term 2009/2010 for the first time. The course aims to provide students with comprehensive knowledge of anti-discrimination and equal treatment legislation. Furthermore, the course shall enable graduates to work with the current anti-discrimination legislation in their future jobs and to take part in debates on the further development of anti- discrimination policy. The course encompasses six lectures/seminars. One of the first lectures will elaborate on questions concerning equality, equal treatment and non-discrimination from the point of view of the international and European human rights system. Another lecture will deal with relevant EU law. The further lectures will focus on the legal situation in Austria. Practical relevance of the course will be guaranteed through the involvement of practitioners and experts as well as through the implementation of sensitivity exercises and a moot court.

Country Austria

Persons Project leaders Martina Chlestil and Bianca Schrittwieser (Chamber involved of Labour, Vienna) Hannes Tretter (BIM)

Researchers Marta Hodasz Barbara Liegl Katrin Wladasch

Contact person Barbara Liegl, [email protected]

Lead  Chamber of Labour Partner University of Vienna, Law organisations Vienna organisations Faculty  Ludwig Boltzmann Institute of Human Rights Starting/ Ongoing since May 2007 end date

Funded by  Chamber of Labour  University of Vienna

76

War and Armed Conflicts – No Peace Without Women!?

Summary

In October 2010, the 10th anniversary of the adoption of the United Nations Security Council Resolution 1325 about women, peace and security took place. On this occasion, special teaching materials for schools were developed. With the support from female teachers, the following focal points were presented and analysed: „War and Armed Conflicts“, „War and Gender“, „Children in Warzones“, „Women for Peace“ and „War and the Media“. For the implementation in schools, an educational guideline was elaborated, which, trough concrete exercises and methods, should empower schoolgirls to discover critical notions and views on their own. The goal was to realize that a war or an armed conflict can be constructively overcome and peace can be sustainably established, only if both genders equally search for solutions and implement them. The material was published in a special issue of polis aktuell. In addition, a web-based dossier was created (http://bim.lbg.ac.at/de/krieg-frieden) with links to international documents, reports, organisations and educational material.

Country Austria

Persons Project management and Sabine Mandl involved research

Contact person Sabine Mandl, [email protected]

Lead Ludwig Boltzmann Institute Partner Zentrum polis organisation of Human Rights – organisation Research Association

Starting/ July to November 2010 end date

Publication Sabine Mandl: War and Armed Conflicts – No Peace Without Women!?, special issue polis aktuell, ed. by Zentrum polis, Printing: bmukk, Vienna 2010.

Funded by Austrian Development Agency (ADA) Federal Ministry for Education, Science and Culture, Department for Citizenship Education

77

Combating Trafficking in Human Beings for Labour Exploitation

Summary

Trafficking in Human Beings (THB) for labour exploitation has been criminalised in many countries, but its practice is still largely trivialised. States give their own interpretation of labour exploitation and case law differs considerably between States. The project seeks to assess how legislation on THB for labour exploitation is applied by the law enforcement agencies and further stakeholders. Within the study, it will be clarified which public institutions, law enforcement agencies and further stakeholders are involved in identification of trafficked persons and law enforcement. At the same time, the assistance to victims of trafficking for the purpose of labour exploitation is analysed. The study in five countries gives an overview of the relevant stakeholders in actions against trafficking for the purpose of labour exploitation and shows “best practices” and challenges regarding an effective investigation and prosecution of THB for labour exploitation. Within the study interviews are conducted and legislation is analysed. Conclusions and recommendations stemming from the reports are discussed in an expert seminar, which will be attended by external experts, such as members of the EU Group of Experts on trafficking in human beings. The project combines a criminal law and human rights based approach to THB, which is supported by the fact, that all project partners are research institutions. Activities in the project:  Elaboration of five country reports  Expert Seminar  Elaboration of a comparative report  Closing conference

Countries Austria, Netherlands, Spain, Romania, Serbia

Persons Researchers Julia Planitzer involved Helmut Sax

Contact person Julia Planitzer, [email protected]

Lead University of Tilburg, NL Partner  Ludwig Boltzmann Institute organisation organisations of Human Rights, AT  University of Craiova, RO  Victimology Society of Serbia University Belgrade, SE  University Deusto, ES Starting/ April 2010 to April 2011 end date

Publication Planitzer, Julia/Sax, Helmut: Combating Trafficking in Human Beings for Labour Exploitation in Austria, in C.R.J.J. Rijken (ed.): Combating Trafficking in Human Beings for Labour Exploitation in the EU, Wolf Legal Publishers, 2011.

Funded by European Commission, DG Justice Federal Ministry of Labour, Social Affairs and Consumer Protection

78

COMP.ACT – European Action for Compensation for Trafficked Persons

Summary

In order to improve compensation of trafficked persons a network called COMP.ACT EUROPE – European Action for Compensation for Trafficked Persons was established in 2009. COMP.ACT EUROPE is on the one hand a network and on the other hand a three year European wide project coordinated by La Strada International and Anti-Slavery International concerning compensation of trafficked persons. The network COMP.ACT EUROPE consists of 14 European countries. All countries established national working groups in order to implement specific measures. Part of the project is a steering committee, consisting of LEFÖ-IBF (Austria) La Strada Czech Republic and the German KOK. In addition an advisory board was established, which consists of: OSCE/ODIHR (PL), CCME – Churches’ Commission for Migrants in Europe (Belgium), PICUM – the Platform for International Cooperation on Undocumented Migrants (Belgium), ITUC- International Trade Union Federation (Belgium). The activities of the network encompass:  Design methodology for comparable research analysis  Development of European guidance for professionals on seeking compensation for trafficked persons  Meetings with decision makers on European level in order to increase the awareness of this topic  European wide campaign regarding the right to compensation  Organisation of a conference on compensation The BIM is part of the Austrian working group whose activities include a baseline study, trainings for experts and guidance for professionals on seeking compensation for trafficked persons and recommendations. A study on the Austrian situation on compensation for trafficked persons has been conducted in 2010 and will be published in 2011.

Countries Austria, Belarus, Bosnia Herzegovina, Bulgaria, Czech Republic, Germany, Ireland, Macedonia, Moldova, Poland, Spain, Italy, Ukraine

Persons Researcher Julia Planitzer involved

Contact Julia Planitzer, [email protected]

Lead  La Strada International Partner In Austria: organisation  Anti-Slavery International organisations  Ludwig Boltzmann Institute of Human Rights  LEFOE-IBF (Intervention centre for trafficked women in Austria)

Starting/ November 2009 to October 2012 end date

Publications Country Study Austria, catalogue with recommendations and handbook on the topic of compensation, to be published in 2011.

Funded by European Commission Federal Ministry of Justice Federal Ministry of European and International Affairs (funding through UNODC)

79

Trafficking in Human Beings – Slavery in the 21st century

Summary

The Austrian Task Force against Trafficking in Human Beings coordinates an awareness raising campaign. The campaign includes posters and materials designed for schools. These materials will be used in the next two years in schools and further public places. Kick-off of the exhibition was the national Anti-Trafficking Day in October 2010.

Country Austria

Persons Elaborating texts (posters and Julia Planitzer involved school materials)

Contact person Julia Planitzer, [email protected]

Lead Ministry of Foreign Affairs Partner  Ludwig Boltzmann Institute organisation organisations of Human Rights  polis

Starting/ February to December 2011 end date

Publication Julia Planitzer, Regina Rusz, Sigrid Steininger: Materials for schools

Funded by  Ministry of Foreign Affairs  Ministry of Economy, Family and Youth  Federal Chancellery/Ministry of Women’s Affairs

80

Children’s views on involvement in European and international decision-making

Summary

In recent years a growing number of actors has started to actively involve children and young people in European and international decision-making processes, ranging from the UN Committee on the Rights of the Child to the Council of Europe, European Union and NGOs. This EU-funded project undertakes for the first time to collect views of children and young people themselves on these initiatives, i.e. to what extent are these participation opportunities actually known to them, what experiences have there been made already and what do children and young people think to be a good participatory practice. The project is lead by the Children’s Rights Alliance for England (CRAE), with partners and associate partners from six further countries. Key activities of this project include:  Developing a Children’s Guide on European and international participation processes  Literature review on existing material/feedback from children  NGO survey on views of non-governmental actors  In each partner country: holding of a national consultation event with about 100 children and young people  National reports on the event, including an evaluation report with feedback from children and young people + joint full report with recommendations on good practice  European Conference The Ludwig Boltzmann Institute of Human Rights is leading the literature review and also acts as Austrian national partner for the consultation event.

Countries United Kingdom, Ireland, Romania, Estonia, Austria, with associated partners from Moldova and Russia

Persons Project lead (BIM) Helmut Sax involved Research and concept of Ingrid Ausserer event Patricia Hladschik Sabine Mandl Dorothea Steurer

Contact person Helmut Sax, [email protected]

Lead Children’s Rights Alliance (associate) Partner  Estonian Union for Child organisation for England (CRAE) organisations Welfare, Estonia  Children’s Rights Alliance for Ireland, Ireland  Save the Children, Romania  Children’s Rights Information Centre, Moldova  International Union of Children’s NGOs, Russia Starting/ April 2010 to August 2011 end date

Publication Final report, to be expected in mid 2011

Funded by European Commission, Fundamental Rights and Citizenship Programme

81

INTEGRACE – Integrating Refugee and Asylum-seeking Children in the Educational Systems of EU Member States

Summary

This project aims at contributing to a better understanding on the current status and possibilities for improvement of the integration in education of refugee and asylum-seeking children in all EU Member States (and some neighbouring countries). For this purpose, the project:  Collects information for the identification of successful educational programmes (“best practices”) in each of the EU Member States,  Undertakes evaluations of selected best practices in western European countries and assesses in particular transferability of such measures to other contexts/countries,  Undertakes situation analysis in selected eastern European countries to assess possibilities for adaptation of best practices,  Compile a comprehensive report with results from all country reports, evaluations and situation analysis, comparative study and recommendations. The main target group of beneficiaries of this project are refugee and asylum-seeking children, but also children with subsidiary/temporary protection status/humanitarian residence permits, unaccompanied and separated children and child victims of crime (e.g in the context of child trafficking). The BIM has taken responsibility for identifying best practice examples in Austria and in Germany, as well as conducting an evaluation of one example in Austria.

Countries 27 EU Member States, Norway, Serbia, Montenegro, Croatia and Bosnia

Persons Project lead (BIM) Helmut Sax involved Researchers Sabine Mandl Margit Ammer Barbara Liegl

Contact person Helmut Sax, [email protected]

Lead Centre for the Study of Partner  CENSIS Foundation, Ro- organisation Democracy (CSD), Bulgaria organisations me  Peace Institute, Ljubljana  University of Halmstadt (Sweden)  Several other individual experts Starting/ September 2010 to March 2012 end date

Publication Final report will be published in 2012

Funded by European Commission/European Refugee Fund, Community Actions 2009

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Zentrum polis – Politik Lernen in der Schule

Summary polis, the Austrian Centre for Citizenship Education in Schools supports teachers in putting citizenship education into practice at schools. The Centre provides teaching materials, acts as information and consultation platform, offers university education and in-service trainings for teachers as well as workshops for students. Apart from knowledge transfer activities polis also engages in awareness raising and sensitisation for all issues concerning politics, democracy and human rights. polis was initiated by the Federal Ministry of Education, Science and Culture at the BIM-FV in 2006. The Centre emerged from the Service Centre for Human Rights Education (since 1997 at the institute) and the Service Centre for Civic Education (since 2002 at the institute). Main tasks of polis are, among others:  Website www.politik-lernen.at  Periodical for teachers „polis aktuell“  Purchase, publishing und distribution of teaching materials on civic education  In-service teacher trainings  Workshops for school classes  Organization of events, e.g. EDC Action Days  Coordination of a teacher’s network  Consultation and support of teachers  Austrian Agency for Education for Sustainable Development in cooperation with Forum Umweltbildung  National and international cooperations, e.g. with United Nations, DARE, EDC Country Austria

Persons Lead Patricia Hladschik involved Staff members Ingrid Ausserer Maria Haupt Michael Nußbaumer (until June 2010) Dorothea Steurer Elisabeth Turek

Contact person Patricia Hladschik, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights – organisations Research Association

Starting/ Emerged from the Service Centre for Human Rights Education (since 1997 at the end date institute) and the Service Centre for Civic Education (since 2002 at the institute) Established in February 2006, contract extended until 2014.

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Publications polis aktuell. Periodical for teachers. Vienna: Zentrum polis, 2010  Hladschik, Patricia; Schenk, Martin; Haider, Tobias: Armut in Österreich. polis aktuell 1/10 Wien: Zentrum polis, 2010  Groll, Verena: Weibliche Genitalverstümmelung. polis aktuell 2/10. Wien: Zent- rum polis, 2010  Ausserer, Ingrid; Hladschik, Patricia; Steurer, Dorothea; Turek, Elisabeth: Kon- sum und Lebensstil. polis aktuell 3/10. Wien: Zentrum polis, 2010  Turek, Elisabeth: Heimat. polis aktuell 4/10. Wien: Zentrum polis, 2010  Soziale Ausgrenzung. Fokus: Roma in Österreich. polis aktuell 5/10. Wien: Zentrum polis, 2010  Mandl, Sabine: Gewalt gegen Frauen und Kinder. polis aktuell 6/10. Wien: Zentrum polis, 2010  polis aktuell. Folder Politische Bildung im Schuljahr 2010/2011. Wien: Zentrum polis, 2010  Haupt, Maria: Menschenhandel. polis aktuell 7/10. Wien: Zentrum polis, 2010  Mandl, Sabine: Krieg und bewaffnete Konflikte – ohne Frauen kein Frieden?!. polis aktuell 8/10. Wien: Zentrum polis, 2010  Haupt, Maria; Hladschik, Patricia: Freiwilliges politisches Engagement. polis aktuell 9/10. Wien: Zentrum polis, 2010 Ausserer, Ingrid; Hladschik, Patricia; Turek, Elisabeth: „Ich kauf mir was“ – Wirt- schaftserziehung und VerbraucherInnenbildung. Wien: Edition polis, 2010. 44 Seiten Ausserer, Ingrid; Haupt, Maria; Hladschik, Patricia: Europa in der Volksschule. Unterrichtsbeispiele und Projektideen. Wien: Edition polis, 2010. 52 Seiten Europa Quintett. Rund um Österreich. Wien: Zentrum polis, 2010 Haupt, Maria; Hladschik, Patricia: Programmheft Aktionstage Politische Bildung 2010. Wien: Zentrum polis, 2010

Updates: Hamitoglu Seda, Kurz Magdalena: Europäische Integration. Texte und Unterrichtsbeispiele. Wien: Edition polis, 2010. 72 Seiten Haupt, Maria: EUropa-Pass JUNIOR. Bist du fit für Europa? Wien: Zentrum polis, 2010. 16 Seiten EUropa-Pass TEACHER. Sind Sie fit für Europa? Wien: Zentrum polis, 2010. 16 Seiten Politische Bildung in Österreich – WieWerWas. Wien: Edition polis, 2010. 49 Seiten Lexika im Unterricht der Politischen Bildung. Tipps und Anregungen. Wien: Zentrum polis, 2010. 41 Seiten

Funded by Federal Ministry for Education, Science and Culture, Department for Citizenship Education

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Data Security – Amendment of the Telecommunication Law. An evaluation of security standards regarding data retention

Summary

Making networks for electronic communication publicly available necessarily implies the processing of data (e.g. of communication behaviour) of the users who thus become identifiable. To comply with the data protection law (DSG 2000) these data need to be concealed – especially by technical means. Such measure do not only concern the retention of data, but also the transfer in cases of criminal prosecution. The focus of this project is on the evaluation of technical solutions with the aim of providing a maximum of security in retention and transfer of personal data. Besides a theoretical concept the project consisted of extensive dialogue with all stakeholders including providers, relevant state authorities and ministries to come up with a solution adequate for all. The result is a semi-automatic procedure which also fulfils all criteria which are a fundamental guarantee in terms of data protection (four-eye-principle, non-revisable protocols, etc.). A so called “interface” is provided to process the transfer of data via a hub with secure connections between the parties involved which is located at the Austrian Federal Computing Centre. The final decision whether this concept will be implemented through a regulation accompanying the Telecommunication Act will be taken in 2011.

Country Austria

Persons Project lead Christof Tschohl involved Support Markus Kemptner

Contact Christof Tschohl, [email protected]

Lead Ludwig Boltzmann Institute Partner- - organisation of Human Rights organisationen

Starting/ September 2010 to May 2011 end date

Publication Tschohl, Christof: Datensicherheit bei der Umsetzung der Vorratsdatenspeicherung (Working title), to be published in 2011

Funded by Austrian Federal Ministry of Transport, Innovation and Technology

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Workshop: The responsibility of private IT-companies with regard to protection of personal data

Summary The objective pursued within this project was in particular to raise awareness for the protection of personal data with representatives of groups directly affected (IT-providers, management consultants) and others inclined to spread the information (e.g. journalists). Therefore the relation between technical know-how, legal regulations and the liberal principle of the Austrian legal order was displayed in a workshop, concerning the disclosure of data towards public authorities. In order to provide the participants with an idea of the scope and meaning of the fundamental right of data protection especially in context with new technologies, a main focus of the workshop was on conveying an understanding of the principle of proportionality and on enabling the participants to apply it to cases. The workshop itself was divided into three parts: The first consisted of historic backgrounds and the relevance of social and technical circumstances for the content of this fundamental right. In a second stage the participants discussed short cases from different points of view (criminal police; IT-service providers). Besides emphasising an understanding of relevant elements of the legal norms the aim was to ensure that the participants realised what the data in question would be used for in real life. In a third and last step the participants exchanged the results from the previous group-discussions. In this concluding part the difficult topic of proportionality was addressed again. The presentation followed the “tandem principle”, a method which has proven to be useful in the seminars on “fundamental rights for judge trainees”. The presentation was conducted by Christof Tschohl and Franz Schmidbauer, judge at the Higher Regional Court Salzburg, responsible for the website www.internet4jurists.at and one of the leading experts on Data Protection in Austria.

Countries Austria

Persons lecturer Christof Tschohl involved co-lecturer Christian Schmaus Supervision of groups Stefanie Dörnhöfer

Contact person Christof Tschohl, [email protected]

Lead Ludwig Boltzmann Institute Partner organisation of Human Rights organisations

Starting/ December 2009 to February 2010 end date

Publication Christof Tschohl: IKT Unternehmen zwischen Sicherheit und Freiheit, Vienna, 2010

Funded by Chamber of economics, Vienna, division “Management consultancy and IT“ (UBIT)

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