ANNUAL REPORT 2015

The Austrian Parliamentary Commission for the Federal Armed Forces The Austrian Parliamentary Commission for the Federal Armed Forces

ANNUAL REPORT 2015 Imprint: Published yearly, pursuant to section 10, para 4, Rules of Procedure of the Austrian Parliamentary Commission for the Federal Armed Forces, in conjunction with section 4, para 5, 2001 Defence Act, Federal Law Gazette I No. 146/2001, as amended. Responsible for the content: Executive Chairman, Member of Parliament Otto Pendl, and the Chairmen, Member of Parliament Mag. Michael Hammer and Member of Parliament Dr. Reinhard Bösch. Office: 1090 Vienna, Rossauer Lände 1 Telephone: 0043 50201 10 21050, 0043 1 3198089; 1230100 (IFMIN) Fax: 0043 50201 10 17142 E-mail: [email protected] Photographs: Parliamentary Administration/Photo Simonis, Johannes Zinner Austrian Parliamentary Commission for the Federal Armed Forces Austrian Federal Ministry of Defence and Sports/Armed Forces Photo and Video Production Service DCAF, Behördenspiegel/Marco Feldmann Print: Armed Forces Printing Office, 1030 Vienna, Arsenal Barracks Translation: Austrian Armed Forces Language Institute, 1070 Vienna, Stiftskaserne Annual Report 2015

Table of contents

Preface ...... 4 I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 7 II. Austrian Parliamentary Commission for the Federal Armed Forces 2015 ...... 8 II. Tasks ...... 10 III. 1. Terms of office...... 10 III. 2. Who can file a complaint? ...... 11 III. 3. How can the Austrian Parliamentary Commission for the Federal Armed Forces be contacted?...... 12 III. 4. Annual report ...... 12 IV. Activity ...... 13 IV. 1. Key data ...... 13 IV. 2. Ex officio investigations ...... 14 IV. 3. Actions pursuant to section 21, para 3, 2001 Defence Act ...... 14 VI. Examples of complaints ...... 14 V. 1. Inappropriate language ...... 14 V. 2. Unnecessary harassment ...... 15 V. 3. Military-medical support and restrictions ...... 15 V. 4. Incomprehensible measures ...... 15 V. 5. Lack of care ...... 15 V. 6. Organisational shortcomings...... 16 V. 7. Desolate accommodations ...... 16 V. 8. Disregarding regulations ...... 16 VI. Ex officio investigations ...... 16 VI. 1. Grievances in recruit training ...... 16 VI. 2. Condition of accommodations ...... 18 VI. 3. Incomprehensible measures ...... 18 VI. 4. Making basic national service more attractive – evaluation...... 18 VII. Inspection visits of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 19 VII. 1. Report about the inspection visit at the Seetaler Alpe Military Training Area ...... 19 VII. 2. Report about the inspection visit at the Joint Forces Command ...... 22 VII. 3. Report about the inspection visit at the Situation Centre of the Ministry of Defence and Sports ...... 23 VII. 4. Report about the inspection visit at the Theresan Military Academy ...... 24 VII. 5. Report about the inspection visit at the Joint Service Support Command ...... 25 VII. 6. Report about the inspection visit at AUTCON/KFOR ...... 27 VII. 7. Report about the inspection visit at AUTCON/EUFOR ALTHEA ...... 32 VIII. Particularities ...... 35 VIII. 1. Constituting session of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 35 VIII. 2. Initial visits, work meetings ...... 35 VIII. 3. Conference of the Austrian Parliamentary Commission for the Federal Armed Forces .... 35 VIII. 4. Discussion of the Annual Reports 2013 to 2014 in Parliament ...... 36 VIII. 5. Round-table meeting with representatives of the military pastoral care ...... 36 VIII. 6. Annual reception in Parliament on 23 November 2015 ...... 37 2 Annual Report 2015

IX. International cooperation ...... 37 IX. 1. OSCE Conference in Vienna ...... 37 IX. 2. 7. International Conference of Ombuds Institutions for the Armed Forces – 7ICOAF ...... 38 IX. 3. 3. Intelligence Service Conference in Berlin ...... 38 IX. 4. Exchange of experiences with the Defence Representative of Bosnia and Herzegovina 38 Annex ...... 39 Statistics 2015 ...... 40 Legal References...... 42 Words of welcome of the President of the National Council, Doris Bures, on the 23rd of November, in Parliament ...... 59 Words of welcome of the Minister of Defence and Sports, Mag. Gerald Klug, on the 23rd of November 2015 ...... 61 Photographs ...... 63

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Preface

The Austrian Armed Forces always arrive on site fast in order to provide protection and assistance to the affected population. The performance ranges from national defence, through law enforcement assistance operations and disaster relief operations at home, to peace support operations in international crisis areas. Our gratitude extends to all servicemen and servicewomen. Due to constitutional and democratic- political reasons and reasons in accordance with the rule of law, the Austrian Armed Forces are indispensable! On the occasion of the 60th anniversary of their existence in 2015, the Austrian Armed Forces should be awarded the standing in society that they truly deserve. For one, we must pay more attention to mental national defence! Unfortunately, the activities of information officers in schools, which are essential for this goal, have come to a complete standstill. This needs to be changed. This task of the Austrian Armed Forces and the educational institutions is based on the Security Strategy and the Sub-Strategy Defence Policy, enacted by the Austrian Parliament. In December 2014 the Austrian government presented the Structural Package AAF 2018, which was tailored to the then most probable operational tasks of the Austrian Armed Forces. Since then, however, the security-political situation has markedly changed. The terrorist attacks in France and the streams of refugees to be coordinated, in the management of which the Austrian Armed Forces carry out significant law-enforcement assistance tasks, pose new challenges to the Austrian Security Policy and also to the Austrian Armed Forces in fulfilling their core tasks, i.e. military national defence as well as peacekeeping, peace support and peace-building operations. Subsequently, on 26 November 2015 all six parliamentary factions supported the below motion for a resolution: "The responsible members of the Federal Government, particularly the Federal Minister of Defence and Sports, are requested to pass a report to the National Council, detailing to which extent the repercussions of the developments described in the explication make it necessary for the Structural Package 2018 to be amended or complemented."

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New tasks in the field of military national defence, international operations, the protection of endangered infrastructure, disaster relief and the build-up of the militia are to be prioritised. Hence, there is an urgent need to adopt a modern, efficient and slim structure in order to use the available financial resources to create modern and capable Armed Forces. The outsourcing of tasks to private companies, e.g. for food, repair work or motor fuel supplies, must be assessed by taking into account the challenges of crisis situations. The performance of services by national servicemen in mere supporting functions, such as drivers, mechanics or cooks, must be accessible without restrictions, also in the event of an operation, since companies will, due to the situation, not be able to fulfil such tasks. The unique characteristic of the Armed Forces must be upheld at all costs, in order to live up to the motto: "Help where others can't!" However, there is a shortfall in young service personnel. By increasing the attractiveness of service in the Armed Forces, suitable personnel is to be recruited. For example, the pay brackets for service personnel are to be made more appealing, in particular at the beginning of a professional career. By taking the framework conditions of society as a basis, also the pay of national servicemen is to be raised. There must be close cooperation between the police and the Armed Forces! A good example for this are the cooperation agreements on using military helicopter capacities, AAF support services and the AAF law enforcement assistance operation in managing the refugee streams. Merging the Ministry of the Interior and the Ministry of Defence into a Security Ministry is to be strictly rejected! In the particular case, the Ministry of the Interior is to manage the current refugee situation in conjunction with the Ministry of Defence. In summary, it must be stated that the future security-political situation development must be accounted for, particularly with regard to the threat of terrorism, the cyber threat, and threats relating to the environment. Therefore, the required organisational measures regarding our Armed Forces must be implemented as fast as possible! Long live the Austrian Armed Forces! Long live the Republic of Austria!

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Vienna, 23 February 2016

The Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces

Member of Member of Parliament Member of Parliament Otto Pendl Parliament Mag. Michael Executive Chairman Dr. Reinhard Hammer Bösch Chairman Chairman

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I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces

Term of office from 01 January 2015 to 31 December 2020

Executive Chairman MP Otto Pendl Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces since 21 January 2015

Chairman MP Mag. Michael Hammer Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces since 21 January 2015

Chairman MP Dr. Reinhard Bösch Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces since 21 January 2015

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II. Austrian Parliamentary Commission for the Federal Armed Forces 2015

Presidium: MP Otto Pendl, Executive Chairman, Social Democratic Party MP Mag. Michael Hammer, Chairman, People's Party MP Dr. Reinhard Bösch, Chairman, Freedom Party

Members: MP Andrea Gessl-Ranftl, Social Democratic Party Christian Schiesser, Social Democratic Party Mag. Dominik Thauerböck (until 21 December 2015), People's Party MP Mag. Bernd Schönegger (as of 22 December 2015), People's Party Former MP Oswald Klikovits, People's Party Deputy of Provincial Parliament, former MP Mario Kunasek, Freedom Party Mr Nikolaus Kunrath, The Greens Ms Sonja Stiller, MA MA, Team Stronach Former Federal Minister Dr. Friedhelm Frischenschlager, NEOS

Substitute members: MP Mag.a Gisela Wurm, Social Democratic Party MP Hannes Weninger, Social Democratic Party Prov. Parliament Representative Mag. Marcus Schober, Social Democratic Party Former MP Karl Freund (until 21 December 2015), People's Party MP Norbert Sieber (as of 22 December 2015), People's Party

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Former MP Karl Freund (until 21 December 2015), People's Party Dr. Franz Pietsch (as of 22 December 2015), People's Party Former MP Adelheid Irina Moretti (as of 21 December 2015), People's Party Mag. Dominik Thauerböck (until 21 December 2015), People's Party MP MMag. DDr. Hubert Fuchs, Freedom Party Mr Manfred Haidinger, Freedom Party Dr. Peter Steyrer, The Greens MP Dr. Georg Vetter (until 16 June 2015), Team Stronach MP Rouven Ertlschweiger, MSc (from 17 June to 8 Oct. 2015), Team Stronach MP Christoph Hagen (as of 9 October 2015), Team Stronach Mag. Max Künsberg-Sarre, NEOS

Advisors: General Mag. Othmar Commenda, CHODS Lieutenant General Mag. Bernhard Bair, Deputy CHODS Director General Mag. Christian Kemperle, MoD/Directorate General I COL Prof. Harald Harbich, M.D., Head, Military Medical Service

Office of the Austrian Parliamentary Commission for the Federal Armed Forces: Mag. Karl Schneemann, Head Mr Siegfried Zörnpfenning Mag. Manfred Gasser Ms Sabine Gsaxner Mr Ernst Kiesel Ms Larissa Pollak (since August 2015)

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II. Tasks

The Austrian Parliamentary Commission for the Federal Armed Forces was founded in 1955, together with the Austrian Armed Forces, as a democratically legitimised monitoring body within the National Council. The Commission is legally based on sections 4 and 21, para 3, 2001 Defence Act, and sections 20a, 29 para 2 (k) and 87, para 4, National Council Rules of Procedure Act. For further information on the Austrian Parliamentary Commission for the Federal Armed Forces see the Parliament's homepage: www.parlament.gv.at/Parlamentarische Bundesheerkommission

III. 1. Terms of office Under section 4, 2001 Defence Act, a term of office of the Austrian Parliamentary Commission for the Federal Armed Forces is six years. The current term of office started on 01 January 2015 with the following composition: 3 members of the Social Democratic Party, 3 members of the People's Party, 2 members of the Freedom Party, 1 member of the Greens, 1 member of the TEAM STRONACH, 1 member of the NEOS. The Austrian Parliamentary Commission for the Federal Armed Forces is made up of three (alternating) executive chairmen and eight further members. The chairmen are elected by the National Council, the other members are nominated by the political parties, in proportion to their number of seats on the Main Committee of the National Council. Every political party represented on the Main Committee of the National Council at the time when the Austrian Parliamentary Commission for the Federal Armed Forces holds its constitutive session has the right to be represented on this Commission. In the 59th session of the National Council/25th legislative period on 21 January 2015, MP Otto Pendl (Social Democratic Party), MP Mag. Michael Hammer (People's Party) and MP Dr. Reinhard Bösch (Freedom Party) were elected chairmen of

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the Austrian Parliamentary Commission for the Federal Armed Forces for the term of office until 31 December 2020. MP Otto Pendl took over the function of Executive Chairman for two years by rotation until 31 December 2016. Advice to the Austrian Parliamentary Commission for the Federal Armed Forces is also rendered at its sessions by the most senior officials of the Federal Ministry of Defence and Sports, so that there is a permanent exchange of opinions between examiners and examinees. On the international level, the Austrian Parliamentary Commission for the Federal Armed Forces may be compared to the Defence Representative of the German Bundestag and other parliamentary ombuds institutions for armed forces, e.g. in Ireland, Norway or Bosnia and Herzegovina, as far as their tasks are concerned.

III. 2. Who can file a complaint? The Austrian Parliamentary Commission for the Federal Armed Forces accepts complaints that are filed either directly or indirectly Ø by persons who have volunteered for pre-enlistment fitness examination or trainee service, Ø by persons liable to pre-enlistment fitness examination, Ø by soldiers of either sex, Ø by soldiers' representatives, Ø by conscripts in the militia or reserve, Ø by persons having undergone trainee service, and – unless the Commission finds the alleged reason for the complaint negligible – to examine it and decide upon recommendations pertaining to its settlement. The respective group can file complaints concerning shortcomings or deficiencies within the military, especially regarding personal injustices or encroachments upon professional competencies.

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The right to file a complaint expires one year after the issue giving rise to the complaint has become known to the complainant, in any case two years after the issue giving rise to the complaint has become void. In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate, ex officio, shortcomings or grievances within the military, suspected by the Commission. A complaint to the Austrian Parliamentary Commission for the Federal Armed Forces is completely independent of official channels and ensures that an independent third party, i.e. the Commission, assesses a grievance.

III. 3. How can the Austrian Parliamentary Commission for the Federal Armed Forces be contacted?

in person: 1090 Vienna Roßauer Lände 1 or Türkenstraße 22a by telephone:

Ø 0043 50201 10 21050 Ø 0043 1/3198089, Ø 1230100 (IFMIN) in writing:

Ø 1090 Vienna, Roßauer Lände 1 Ø Fax: 0043 50201 10 17142 Ø [email protected]

III. 4. Annual report The annual report of the Austrian Parliamentary Commission for the Federal Armed Forces is published once a year, as per section 10 para 4, Rules of Procedure, and in conjunction with section 4, para 5, 2001 Defence Act, and is to be forwarded immediately by the Federal Minister of Defence, together with a statement, to the National Council.

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III. Activity

The Austrian Parliamentary Commission for the Federal Armed Forces dealt with the enquiries brought forward during the year under review, investigated complaints, arranged for ex officio investigations, carried out unannounced on-site inspections, put an end to shortcomings and deficiencies within the military in close cooperation with the Federal Minister of Defence and Sports and the advisers, and presented suggestions for improvements in routine duty and in carrying out training. The Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces prepared the Commission's plenary meetings, in order to facilitate decisions on complaints and ex officio investigations and to make recommendations to the Federal Minister of Defence. Information events of the Austrian Parliamentary Commission for the Federal Armed Forces within the sphere of the Federal Ministry of Defence and Sports, but also in the international field and working sessions with representatives of the political scene, the church and the economy fulfilled the purpose of strengthening the understanding of independent, objective and comprehensive control of the military. In co-operation with the Federal Minister of Defence and Sports as well as with the advisors, problems connected with filed complaints were often resolved in the course of the investigation in a manner that was satisfactory for the complainant. On-site intervention by the Austrian Parliamentary Commission for the Federal Armed Forces often quickly remedied aired grievances and thus in many cases contributed to an improvement of the work climate. Concerning justified complaints, the Minister of Defence and Sports took the supervisory measures deemed necessary (ranging from instructions, rebukes and disciplinary measures to bringing forward charges).

IV. 1. Key data In 2015 the Austrian Parliamentary Commission for the Federal Armed Forces initiated 398 complaints proceedings, nine of which were ex officio investigations. The causes of the complaints principally concerned incorrect, uncaring conduct of superiors, matters pertaining to training

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and routine duty, personnel matters and inadequate infrastructure as well as gross deficiencies of the equipment.

IV. 2. Ex officio investigations The Austrian Parliamentary Commission for the Federal Armed Forces decided on nine ex officio investigations. In so doing, shortcomings and grievances pertaining to the military, such as structural and hygienic conditions, the demeanour of superiors vis-à-vis subordinates as well as deficiencies in training or of the equipment were investigated.

IV. 3. Actions pursuant to section 21, para 3, 2001 Defence Act In the year under review, there was no request for a statement regarding an appeal against a selection decision concerning key personnel's recall obligations.

VI. Examples of complaints

V. 1. Inappropriate language In connection with conducting cleaning and work assignments, one company sergeant major expressed himself vis-à-vis a recruit in the following way: "Are you too dumb to bring that sheet of paper over?", "You'd better get your ass in gear!", "Down there, you blind chicken.", "Climb up there, twerp!" or "Don't be so fucking kidding with me!". (Ref. No. 10/230-2015) A squad leader criticised the service-related performance of a corporal by making statements such as, e.g.: "Take a rope and hang yourself"", "Moron!" (Ref. No. 10/246-2015) One recruit was reprimanded by his superiors with the words – "I hope you are not as stupid as you act!" or "Your faces ought to be smashed in!" (Ref. No. 10/311-2015)

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V. 2. Unnecessary harassment On the occasion of a national serviceman's 22nd birthday, the squad leader ordered the recruits of his squad to do 22 push-ups each. (Ref. No. 10/094-2015)

V. 3. Military-medical support and restrictions A commanding officer ordered a non-commissioned officer to shave on a daily basis, despite the NCO being exempted from doing so on account of a military medical certificate. (Ref. No. 10/001-2015) A recruit with military medical restrictions (including, among other things, running over 1,200 m, sports) was ordered to participate in relay races with additional weight and under time pressure. Hyperventilation on part of the recruit and a subsequent hospital stay were the consequences. (Ref. No. 10/135-2015)

V. 4. Incomprehensible measures In a company, national servicemen were practically not able to use the fitness room, due to time-related and administrative constraints. (Ref. No. 10/013-2015)

V. 5. Lack of care National servicemen could only use a bed in the corridor for sleeping, while on duty as duty corporals. The frequent activation of the light through motion sensors resulted in unnecessarily stressful framework conditions. (Ref. No. 10/013- 2015) A national serviceman, although his pollen allergy was known, was called up at a date that had the highest seasonal allergen load of pollination. (Ref. No. 10/169-2015) A company commander refused a serviceman a personal talk, as requested. (Ref. No. 10/127-2015) The specific needs of the food for Muslim soldiers were considered insufficiently, with pork being offered as the only main dish or beef rolls containing quantities of pork and 15 Annual Report 2015

added red wine, or cold canned meals with pork additions. (Ref. No. 10/175-2015) Due to the opening hours of the soldiers' mess, which was open only from 07:00 to 10:30 and from 11:30 to 13:00, the national servicemen employed in the barracks did not have the opportunity to get food and beverages after finishing their work. Nor were the opening hours adjusted to extended training course schedules. (Ref. No. 10/186-2015)

V. 6. Organisational shortcomings Reimbursement of travelling expenses for voluntary reserve duty in April 2015 was not effected until August 2015, after an extraordinary complaint had been filed. (Ref. No. 10/254- 2015)

V. 7. Desolate accommodations Repair measures of sanitary installations in the accommodations area, which had been partly closed for service personnel due to a defect, were initiated only after an extraordinary complaint was filed, following multiple respective reports. (Ref. No. 10/054-2015)

V. 8. Disregarding regulations A company commander ordered tear gas to be used in a major exercise, although the national servicemen assigned to act out specific roles were not equipped with protective masks. (Ref. No. 10/246-2015)

VI. Ex officio investigations

VI. 1. Grievances in recruit training During the first weeks of basic training, the platoon leader of a company announced to the recruits who performed at their capacity limits additional practical training by saying

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"You are really lucky that today I am not allowed to do what I want to do, because otherwise I would fuck you up all night". One week prior to that, a squad leader inspected his squad performing weapon handling and life firing training in the prone position, using the assault rifle AUG 77. He did so by way of kicking against the muzzles of the weapons. In the process, one recruit was hit by the visor against his frontal bone, causing a cut on his forehead, which had to be treated at the infirmary. The squad leader apologized to the recruit in question and reported the incident. As a consequence of a recruit's minor misdemeanour (for using the wrong dustbin/ashes in the amount of one knife tip) he was ordered to crawl and run with his battle dress (large rucksack, helmet, weapon, approx. 30 kg) over concrete ground for a period of 20 minutes, in the presence of the squad leader. When he displayed signs of fatigue, the squad leader grabbed him by his rucksack, pulled him up and demanded that he continue. (Ref. No. 10/306-2015) In a further ex officio investigation the following statement was made: An NCO aimed his loaded and unlocked assault rifle 77 at recruits and in doing so expressed himself in the following manner: "If I pulled the trigger now, the first four heads would roll." In the door area of an accommodation there was massive shove and push caused by the orders issued to the recruits of two training platoons to enter into and move out of, respectively, the room. In order to find out who threw away mouldy bread and other foodstuff into a garbage bin, recruits had to stand lined up in formation for four hours. Taking out the assault rifle from the locker and putting it back only after a collective "assault rifle stations run" and a so- called "cell phone march" (collective marching as a

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consequence of individual "playing on the cell phone" during service). Another order was to drink up the contents of the canteen, which made one recruit vomit. In addition, using the WLAN in free time was prohibited in a military training area and a curfew was put into place without due reason. Investigations showed, moreover, that several national servicemen and one trainee service volunteer had abused drugs. The drugs were sold by someone who did not belong to the Armed Forces. (Ref. No. 10/153-2015)

VI. 2. Condition of accommodations The state of repair of some buildings on an air force base does not allow for up-to-date lodging of soldiers: The drains in the sanitary areas, especially when washbasins and showers are used simultaneously, result in spillage of faecal matter, due to congested drain pipes, which in turn causes unpleasant odour. In addition to the cramped accommodation of recruits, there are only few showers and hot water is available only at the beginning of taking showers. (Ref. No. 10/153-2015)

VI. 3. Incomprehensible measures The units of one specific barracks report to eleven different HQ's. Streamlining this "HQ cross-sectional matter" (e.g. the Military Provincial Command being responsible for matters of accommodation and welfare facilities, the Military Real Estate Centre being responsible for construction matters, and the Joint Service Support Command running a workshop and a military medical facility) is strongly called for. (Ref. No. 10/153-2015)

VI. 4. Making basic national service more attractive – evaluation In connection with the efforts in overhauling basic national service and making it more attractive, in the year under review the Austrian Parliamentary Commission for the Federal

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Armed Forces conducted an evaluation by way of inspection visits to an armoured infantry brigade on 11 May 2015 and to an infantry brigade on 19 and 20 October 2015. Modules The soldiers are trained in a dedicated manner. The most favourite modules of national servicemen are life firing and sports, with life firing training being organised in an especially varied manner. Training in module "disaster relief" is particularly well accepted. Taking into account the recruits' skills and professional experience – by considering their wishes – is aimed at, when employing them in the Armed Forces. In so doing, a competence balance sheet of training contents is established. Active duty personnel generally have a positive attitude towards their service time in the Armed Forces and undergo training in a dedicated and motivated manner. The monthly pay of national servicemen, amounting to only a little over three hundred Euros, is considered as insufficient. Infrastructure The national servicemen's accommodations at the inspected sites are constricted, worn down and require refurbishing. Medical care is hardly accepted (no free choice of doctor, hospitalisation in the military clinic, also in harmless cases).

VII. Inspection visits of the Austrian Parliamentary Commission for the Federal Armed Forces

VII. 1. Report about the inspection visit at the Seetaler Alpe Military Training Area On 23 March 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to the Seetaler Alpe military training area.

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This military training area, comprised of approximately 1,500 hectare, is one of the five training areas in Austria, together with Allentsteig, Bruckneudorf, Hochfilzen and Wattener Lizum, and is used by soldiers and civil employees as well as units up to brigade-size for training purposes. For that reason, there are numerous live-firing and training possibilities as well as welfare and sports facilities. Though the military utilization has priority, the training area is also used by guests for recreational purposes. In 2014 the occupancy and utilisation rate was more than 80 percent. The commander and his team are doing an outstanding job as a service-oriented provider for the exercising troops as well as for the vacationers. Routine duty without conscripts

Since 2012 conscripts have not been employed in this training area anymore. This necessitated the installation of technical barriers (warning lights, video, electronic information boards) for the safety zones during live-firing exercises, at an acquisition cost of € 350,000. This technology considerably raised the safety quality. Knock-on financing of additional expenditures required € 650,000.- in non-recurring costs. The annual personnel and material expenditures at the Seetaler Alpe training area amount to € 5,000,000.- Comparing the costs of keeping routine duty running with conscripts and the current model without conscripts, using temporary employment agencies shows that the latter model is more economical (€ 635,000.- to € 424,000.- per year). Despite the additional administrative work/verifiable user authorisation, WLAN was accepted by the troops. Hiring service personnel from temporary employment agencies in order to run the cafeteria led to remarkably more customer satisfaction. Basic cleaning of the accommodations is outsourced to a private company.

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Raising the level of communally used devices, such as procuring up-to-date lawnmowers/lawntractors or snowblowers helped to save manual work such as lawnmowing or snow shovelling. Improvement options

As a result of the “civilian” character of such service tasks a discussion has started as to whether such military work places are still needed or should be changed into civilian work places for long-serving soldiers. Such considerations require an overall assessment, taking into account the performance requirements of a military training area and the demands of training troops as well as service and salary-related aspects, such as the current advantages for service personnel/41-hour week, military service allowance, doing sports during duty hours as opposed to civil personnel. In case such posts are transformed into civilian work places, the 41st hour payment and the military service allowance would have to be adequately compensated for by, for instance, an allowance for serving in extremely high altitudes. In addition, temporary employment in the operational organisation would have to be a precondition. Combining “superior command cross-sectional subject matters”(the Military Command of Styria being responsible for personnel and accommodation, the Military Real Estate Management Centre for all construction matters, the Joint Service Support Command for medical care) into one unified command structure, e.g. combining all training areas of the Austrian Armed Forces under one command deems appropriate. Expanding “Pooling and Sharing” in the international military training nexus will improve utilisation. Permission to expand purchase offers for training area- specific goods should be requested, in order to improve offers in the welfare facility, or respectively, installing a military shop should be considered; all this has to be seen against the backdrop that the nearest shopping facility is in Judenburg,

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i.e. 15 km away, reachable only over a – snow-covered – mountain road with an altitude difference of 700 meters. Installing a multi-purpose sports facility would improve the range of services and the attractiveness of the training area Seetaler Alpe.

VII. 2. Report about the inspection visit at the Joint Forces Command On 02 June 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to the Joint Forces Command at the Belgier Barracks in Graz. The conscripts are interviewed at the beginning, in the middle, and at the end of their conscript service. These interviews provide the unit commander with an immediate feedback. The results continue to be part of regular meetings and deliberations together with soldiers of all ranks and flow into the corporate behaviour process as findings. The number of complaints with service and salary-related contents is on the rise and comprises approximately one third of all complaints. What is remarkable is the increase in complaints among cadre personnel of equal or similar rank (‘Colonel against Colonel’, ‘Warrant Officer I against Warrant Officer I’). As a consequence, the corporate culture within the Austrian Armed Forces has to be improved. The Situation Centre of the Joint Forces Command facilitates permanent contact with the units serving abroad and allows for fast and inexpensive communication among units/offices at home. The emergency power supply system of the Situation Centre is designed for prolonged operating times. However, due to the lack of IT-net and energy supply security the connection with other commands and offices is only insufficiently possible. Because of the shortfalls in force-owned gas stations, it can be expected that in certain crisis scenarios it will not be possible to draw on gas reserves, or respectively, that there are no gas pump systems that can be operated without electricity supply.

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VII. 3. Report about the inspection visit at the Situation Centre of the Ministry of Defence and Sports On 01 Oct. 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to the Situation Centre at the Ministry of Defence and Sports. The Situation Centre processes information in a targeted manner through military command structures for the highest government bodies and is an efficient management tool. With emergency generators the networked command centres can be operated without power supply for a week; after that fuel supply systems are needed and in place, so that, in principle, they can be operated for months.

Law enforcement assistance operation

On the basis of a Council of Ministers Resolution of 14 Sept. 2014, the Austrian Armed Forces have been carrying out a law enforcement assistance operation, according to section 2 para 1 (b) of the 2001 Defence Act (overall maximum strength of 2,200 servicemen). The Austrian Armed Forces assist the police with border controls at border crossings, such as in Nickelsdorf and Heiligenkreuz or Spielfeld. In addition, they carry out control and surveillance tasks in support of the Ministry of the Interior at railway stations, like in Salzburg, Linz, and Vienna, or they provide air transport capacity for units of the Ministry of the Interior. Due to the complexity of tasks, only cadre personnel are used for the law enforcement assistance operation.

Support services rendered to the Ministry of the Interior On the basis of an administrative agreement support services are provided for the Ministry of the Interior, in order to be able to cope with the huge flows of refugees (peaks of over ten thousand persons per day). So, for instance, the Joint Service Support Command is in charge of the vehicle fleet management/traffic control centre for refugee transport. In the central kitchens of the Austrian Armed Forces meals for

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thousands of refugees are freshly prepared on a daily basis. Also conscripts are employed for such services. As far as barracks (Salzburg-Wals, Freistadt, Fehring etc.) are used for housing refugees, there is a strict spatial divide with barrier installations and separate entrances for the area used by the refugees and for the area used for military purposes, as the case may be.

VII. 4. Report about the inspection visit at the Theresan Military Academy On 04 Nov. 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to the Theresan Military Academy in Wiener Neustadt.

Training

The Theresan Military Academy offers training and further training programmes for line officers. The focus is on educating lieutenants with a Bachelor’s of Arts degree, as part of a college programme in “Military Leadership”. Special emphasis is placed on an international orientation via exchange programs (Erasmus etc.) with comparable institutions in other countries. Training officers for the Armed Forces of Luxembourg, as was requested, was not approved, allegedly due to not being able to quantify the costs of a training slot at the Theresan Military Academy.

“Militärhochschule” [National Defence Academy, Vienna] – AAF 2018

In the course of combining the academies to a “Militärhochschule“ (in the sense of a Military University), the employee representatives expect a reduction in personnel and a devaluation of teaching positions. Occasionally, the dissolution of a horse-mounted platoon, which saved a mere few thousand Euros, was criticized as

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being financially disproportional – in view of the sports training options.

Accommodations

There are no appropriate, modern accommodations for officer candidates or conscripts. The officer candidates are housed in four-bed rooms with a wet cell for the platoon across the hallway. Also the infrastructure with regard to housing courses and conscripts is out-dated (number of persons per room, sanitary facilities). The responsible staff are hoping for a step-by-step reconstruction of the Daun Barracks (currently the School Battalion), to modernise the living quarters and refurbish the “Kreuzbau”, as of 2016.

School Battalion

Contrary to initial considerations of closing down the School Battalion by 2016, it was possible to ensure that all students will have the possibility to graduate. Further employment of officers and NCOs of the teaching staff is unclear, after the School Battalion is dissolved. Currently the School Battalion comprises 113 students.

VII. 5. Report about the inspection visit at the Joint Service Support Command On 16 Dec. 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to the Joint Service Support Command at the command building Heckenast–Burian as well as at the Armed Forces Logistics Centre at the Arsenal in Vienna. The current project to improve the efficiency of materiel maintenance and repair intends to incorporate the workshop companies of the troops into the Joint Service Support Command. 58 workshops are to be reduced to 28 (nine of them for wheeled vehicles). One aspect of this concentration

25 Annual Report 2015

is the technical complexity of the new military vehicles, which makes top-equipped test workshops necessary.

Personnel

The personnel shortage causes a considerable amount of overtime work. Due to a further intended 15 percent cut in personnel, there is great concern about maintaining work places on site. With NCO personnel [MBUO2] there is already a lack of 50 percent. The Armed Forces Logistics Centre Vienna succeeded in retraining tank maintenance personnel (now concentrated at Wels) for wheeled vehicle maintenance.

Infrastructure

In the buildings 7, 10, and 12 of the Headquarter Building Heckenast-Burian the toilets need to be renovated.

Vehicles

For reasons of cost-effectiveness, the elimination of the off- road military vehicle ”Pinzgauer” (approximately 600 pieces with an average life span of 40 years) has been stepped up. Procurement of a proper replacement for the troops is still outstanding. The recently allocated Mitsubishi L200 do not meet the needs of the troops, quantitatively or qualitatively. Due to the lack of vehicles, situation scenarios can only be insufficiently reacted to, or the unique characteristics of the Austrian Armed Forces are gradually being given up, respectively.

Field ambulance

As an unfavourable result of the medical re-organisation of 2013 tasks, such as setting up and running field ambulances

26 Annual Report 2015

cannot be done in time, e.g. in connection with the floods of refugees.

Principle problems

Due to the lack of reserves in the current structures of the Austrian Armed Forces it is not possible to react adequately to situation developments or current threat scenarios, or the unique characteristics of the Austrian Armed Forces are gradually being given up, respectively: There is a shortfall in off-road vehicles. The substantial reduction in main battle tanks causes a reduction in the force-protection component, when dealing with current threat scenarios. The dependency on civil suppliers for fuel needs would – in the event of a longer blackout - lead to a massive impairment of command and control tasks, such as for instance with regard to the communication among the force command structures/situation centres. Relying on central kitchen systems for food supply leads to the loss of decentralised food supply capacities by means of field kitchens.

VII. 6. Report about the inspection visit at AUTCON/KFOR From 28 - 29 Apr. 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit on site to AUTCON 32/KFOR (contingent strength at the time of visit: 506), as per section 4 2001 Defence Act. The soldiers of AUTCON 32/KFOR are doing an internationally highly acclaimed job. The situation on the ground is calm. Talks with the soldiers of AUTCON 32/KFOR addressed following issues and problems:

Food supply

The food supply at Camp Film-City and at Fieldcamp Prizren was commented on favourably.

27 Annual Report 2015

The quality of the food supply at Camp Villagio Italia is still being criticised (luke warm meals with little variation). As opposed to a previous, more generous regulation, it is now only possible to sign out on Sundays. Private food offers in the camp, e.g. pizzas or burgers, are “intensively” made use of.

Accommodation

The sanitary facilities of the container accommodations in Camp Villagio Italia are run-down. In the wet cell areas there are power supply lines with free-hanging, only provisorily insulated cable ends. Rusty spots on boilers and fungus patches on ceilings are often visible. Warm water is only available for the first users. The international camp administration reacts to complaints about shortcomings with slow and insufficient repairs. In the immediate vicinity of the container accommodations of AUTCON Camp Villagio Italia there are (at a distance of approximately 8 meters) diesel-operated power generators for the camp infrastructure. The generator’s motor produces a monotonous, chuggling continuous noise. Due to the exhaust and noise situation it is forbidden to open the windows in the adjacent living quarters. The insufficient noise protection (2-meter high boards, put up directly next to the generators) were removed again, due to generator overheating. It should be noted that these power generators were turned off by mid-October 2015, because the camp is now hooked on to the public power net. The accommodation standards in Camp Film-City in Pristina and Fieldcamp Prizren are okay.

Clothing It was announced that polo shirts will be issued for this summer. The short-sleeve field shirt does not meet with acceptance because of the unflattering waist cut (sailcloth effect).

28 Annual Report 2015

Law and order operation equipment

Ballistic protective vest The protective inserts of the ballistic protective vests are broken; many of the vests are worn out and partly torn. With many of the protectors the rivets have come off, the clamps are broken and often the Velcro fasteners do not cling anymore. Ballistic protective vests are mainly needed in small and medium sizes. Large and XLarge only fit some of the soldiers but have to be issued anyhow, as there are not enough small and medium-size vests. Holster The belt holster makes it impossible to draw your weapon fast, since the ballistic protective vest reaches over the belt. For that reason the soldiers buy their own practicable thigh holsters for € 200.-, which are very comfortable to wear. Flammex flame-retardant overall Many overalls are torn and have defect zippers. With frequent washing the retardant effect is reduced. In order to have sufficient flame protection the protective gear has to be worn underneath the Flammex. This is often not possible, since most of the available overalls are too small in size. Fragmentation protection goggles The soldiers of the Reconnaissance Company do not have fragmentation protection goggles light in their specified basic kit. Equally there are no protective goggles for the Pandur crew (driver, gunner, commander). The goggles available in the area of operations are dust protection goggles (skiing goggles) and do not meet the requirement profile (no adequate fragmentation protection, limited utilisation due to frequent tarnishing of the glasses or steaming up, respectively, no UV radiation protection, no vision improvement in foggy conditions, as there are no yellow replacement lenses).

29 Annual Report 2015

Adequate protection goggles are bought privately by the soldiers for € 80.- a piece. Helmet With the helmet visors the vision is impeded, due to damages/natural wear and tear. The helmet does not have neck protection (against hits, burning liquids). Most vulnerable to injury, during an operation to establish law and order, are the body parts of the upper arm and the shoulder, as the equipment does not provide respective protection. The shields are badly worn and torn. The forearm handles crack easily. The available groin protectors have to be worn underneath the clothing, so that even urinating requires almost complete “undressing”. Before putting on the protective mask, e.g. as protection against tear gas, the helmet has to be taken off. By comparison: with complete systems the protective mask can be “clipped in”. Gloves For operations padded leather gloves are provided. By comparison: a cut resistant, flame retardant, padded glove provides more comfort, even in high outside temperatures. Tactical laser light module Spare parts are usually delivered late, so that there are repeated total failures. Night goggles - Lucie They show increasingly age-related shortcomings (image errors, broken off switches, mouldy headgear). Welfare program There is no welfare program, such as sightseeing trips within the area of operation, for soldiers of the Infantry Company in Camp Villagio Italia.

30 Annual Report 2015

Equipment Tank truck and rope winch Via supply chain a POL tank truck was delivered from back home, which had a leak and a defect rope winch. Vehicles It was criticised that because of the high average age of 23 years of the vehicle stock, breakdowns due to wear and tear have become “commonplace”. While being repaired, no substitute vehicles are made available. Navigation devices The navigation devices used in the area of operation are based on inaccurate maps, allegedly because these devices were designed for sea-navigation. Camera equipment The reconnaissance company has cameras with 600 mm, 500 mm, and 300 mm lenses. If all four reconnaissance squads of the company operate simultaneously, there is a shortfall in equipment. The camera of the PR section has been defect for quite some time. Also, the copy station for CD and DVD does not function. Photo processing is not possible with the Notebook Dell Windows XP Service Pack 3. It is not possible to produce postcards, flyers, posters or documents, since for that you would need a vector graphic program, e.g. Corel Draw. National preparation for international operations There is criticism that during the 7-week national preparation for an operation abroad, the various specialist functions are not given enough attention. Occasionally, this kind of preparation is significantly shortened or omitted altogether. This unequal treatment creates discontent and incomprehension among the soldiers. Some soldiers criticised the limited food selection at lunch time in the Radetzky Barracks in Horn, during their operations

31 Annual Report 2015

preparation training, because some meals are reserved for solders of certain religious creeds. Communication with relatives In Camp Film-City IT communication at national rates is possible via the telecommunication provider A1. The soldiers do not make full use of social phone calls (15 minutes/day), as most of the communication with back home is done via the internet. Information flow The “top-to-bottom” information flow is of varying quality, which fuels the “rumour mill”. The varying salary-related approaches cause uncertainties concerning the salary amounts. In this respect there is a definite lack of information, or respectively, better and more comprehensive information before deployment is expected. While corporals are only allowed to travel to another camp in the presence of an NCO, it is not necessary when traveling in the line of duty outside a camp. In addition, the corporals in Camp Villagio Italia were only informed about the inspection visit of the Austrian Parliamentary Commission for the Federal Armed Forces half an hour prior to their arrival, so that they did not have an opportunity for the intended internal experience exchange.

VII. 7. Report about the inspection visit at AUTCON/EUFOR ALTHEA From 02 - 03 Nov. 2015, the Austrian Parliamentary Commission for the Federal Armed Forces paid an inspection visit to AUTCON 23 (contingent strength 200)/EUFOR ALTHEA in Camp Butmir close to Sarajevo and to the LOT-House in Bratunac. The soldiers of the Austrian contingent seemed motivated, determined and actively supporting EUFOR ALTHEA. The mood in the contingent is excellent. The soldiers in the LOT- House in Bratunac do an outstanding job and make a substantial security-political contribution. 32 Annual Report 2015

In talks with the soldiers of AUTCON 23/EUFOR ALTHEA following issues and problems were addressed: National preparation for an international operation Duration The 7-week preparation at home seemed to be too long for “experienced” soldiers. The alleged lack of considering prior military knowledge and training levels met with lack of understanding. Since in-between rotations are sometimes done on short notice, the deployed soldiers often do not receive the preparation at home that lasts for several weeks. This leads to dissatisfaction with the other soldiers who feel that they were discriminated against. Training equipment Allegedly the equipment used during national preparation training is partly not what is eventually used in the operation abroad. Accommodation The condition of the accommodations at the Wallenstein Barracks in Götzendorf, used during operations preparation training, does not meet modern housing standards. Crowd and Riot Control (CRC) equipment As of August 2016 another Austrian infantry company will be deployed. According to various sources, the CRC equipment stored on site is worn and mouldy. Alcohol consumption In the past, a case of alcoholism was detected within the medical element, which led to the repatriation of a soldier. Rumour has it that taking “special” medication prior to being tested for an international operation a potential alcohol problem can be concealed. This leads to the assumption that the limits of the aptitude tests for international operations can be circumvented.

33 Annual Report 2015

Private IT communication The communication possibilities for private reasons via the internet – at a rate of up to € 35.- per month – does not function to the extent expected. The social telephone options amount to 15 minutes per person per day. This option is not used by the majority of soldiers, as most communication is conducted via the internet by means of Skype. General issues Special leave Special leave for servicemen and servicewomen and leave of absence for soldiers deployed abroad in order to compensate for special strains during the operation as well as to maintain or restore operational capability can only be granted to the extent of two and a half days per month, yet no more than 14 days during a six-month deployment abroad. This can, but does not have to, be granted. With a deployment period of less than three months no special leave will be granted. This concerns mainly flying and medical personnel, since those groups have a deployment period of less than three months. For that reason, soldiers affected by the regulations concerning special leave and leave of absence during deployment abroad, voiced objection. Credited times of short-term career soldiers in terms of pension law Due to the fact that the service time of short-term career soldiers credited in full is limited to 30 months, in the event of retirement, those who retire after having served for years claim to be disadvantaged with regard to calculating their pensions. Taxation of international deployment allowance Rumour has it that as of 2016 the fiscal regulations with regard to the international deployment allowance might worsen.

34 Annual Report 2015

Security Clearance It is claimed that a decision concerning the issuance of a security clearance may take several months, so that deployment in an international operation is limited. A timely decision prior to deployment abroad would be desirable.

VIII. Particularities

VIII. 1. Constituting session of the Austrian Parliamentary Commission for the Federal Armed Forces On 17 February 2015 the constituting session of the Austrian Parliamentary Commission for the Federal Armed Forces took place, in the new term of office from 2015 to 31 December 2020. After the amendment of the provisions of the 2001 Defence Act, sect. 4 para 1 (Federal Law Gazette I No. 146, last amended by Federal Act, Federal Law Gazette I No. 3/2015), the commission is composed of three executive chairmen and eight further members (3 Social Democratic Party, 3 People's Party, 2 Freedom Party, 1 Greens, 1 TEAM STRONACH, 1 NEOS).

VIII. 2. Initial visits, work meetings The Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces paid its first visit to the President of the National Council, Ms Doris Bures, on 25 February 2015. A first contact meeting of the Chairmen with Federal Minister Mag. Gerald Klug was held in Parliament on 18 March 2015. On 09 April 2015, Federal President, Dr. Heinz Fischer, received the Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces in Hofburg Palace.

VIII. 3. Conference of the Austrian Parliamentary Commission for the Federal Armed Forces From 12 to 13 March 2015 the Austrian Parliamentary Commission for the Federal Armed Forces convened for a

35 Annual Report 2015

meeting at the seminar centre Reichenau an der Rax. Basic planning and upcoming events had to be taken care of and were approved of. The advisors of the Austrian Parliamentary Commission for the Federal Armed Forces presented their deliberations regarding the reform of the Austrian Armed Forces.

VIII. 4. Discussion of the Annual Reports 2013 to 2014 in Parliament On 14 April 2015 the reports on the activities of the Austrian Parliamentary Commission for the Federal Armed Forces of 2013 to 2014 were discussed in the National Defence Committee. The Executive Chairman, MP Otto Pendl, thanked the previous Commission, underlining the contribution of the preceding Chairmen, President Anton Gaal, former MP Paul Kiss and Prof. Walter Seledec. The Austrian Parliamentary Commission for the Federal Armed Forces will act also in the future in a factual manner and beyond daily politics, MP Otto Pendl announced. The Commission will criticise when called for, but at the same time point out, which things function well in the Forces, he added. Legal questions that remained unsolved in the past are to be clarified quickly, he assured. Moreover, he said that a solution in dealing with the increasing number of anonymous complaints is to be found. He also pointed to the growing significance of social media in military complaints matters. The two annual reports 2013 and 2014 of the Austrian Parliamentary Commission for the Federal Armed Forces were accepted unanimously by the Committee.

VIII. 5. Round-table meeting with representatives of the military pastoral care On 10 November 2015 the highest representatives of pastoral care of the Catholic, the Protestant and the Orthodox Churches as well as the military Imam of the Islamic community in Austria met for a round table talk in Parliament. The aim was to optimise pastoral care in the Armed Forces.

36 Annual Report 2015

VIII. 6. Annual reception in Parliament on 23 November 2015 On 23 November 2015 the already traditional annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces was held in the reception salon of the Parliament. The Federal Minister of Defence and Sports, Mag. Gerald Klug, and the Second President of the National Council, Karlheinz Kopf, attended the event. With them, highest-ranking representatives from the political and the clerical scene as well as high-ranking employees of the Parliamentary Administration, the Federal Chancellery, the Federal Ministry of Defence and Sports and other ministries could be welcomed. The President of the National Council, Doris Bures, due to other engagements, delivered a video message to the festive gathering, appreciating the work of the Austrian Parliamentary Commission for the Federal Armed Forces. In his welcoming address, the Federal Minister of Defence and Sports, Mag. Gerald Klug, emphasised the independence and objectivity of the Austrian Parliamentary Commission for the Federal Armed Forces as "extension of the Parliament". The welcoming addresses of the President of the National Council and the Federal Minister of Defence and Sports are included in the annex.

IX. International cooperation

Apart from its investigative and monitoring tasks, the Austrian Parliamentary Commission for the Federal Armed Forces intensified its international cooperation, in order to discuss the multifaceted tasks of democratic armed forces monitoring institutions on multinational and bilateral levels.

IX. 1. OSCE Conference in Vienna At the OSCE Conference on "Code of Conduct on politico- military Aspects of Security" held in Vienna on 08 July 2015, the Executive Chairman of the Austrian Parliamentary

37 Annual Report 2015

Commission for the Federal Armed Forces MP Otto Pendl held a speech on the democratic control of armed forces at Hofburg Palace, in the attendance of 57 OSCE member states.

IX. 2. 7. International Conference of Ombuds Institutions for the Armed Forces – 7ICOAF From 25 - 27 October 2015 the 7th International Conference of Ombuds Institutions for the Armed Forces titled "The Role of Ombuds Institutions for the Armed Forces in Democratic Societies" was held in Prague. In working groups and discussion rounds with representatives of ombuds institutions for the armed forces from Europe, Africa, America, Asia and Australia aspects and standards of democratic control of armed forces were discussed and solution approaches developed.

IX. 3. 3. Intelligence Service Conference in Berlin On 29 October 2015 the Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces, MP Otto Pendl, held a speech about the parliamentary control of intelligence services, within the framework of the 3rd Intelligence Service Conference in Berlin.

IX. 4. Exchange of experiences with the Defence Representative of Bosnia and Herzegovina There was an intensive exchange of experiences with the Defence Representative of Bosnia and Herzegovina, Mr Bosko Siljegovic, and the Chairman of the Joint Committee on Defence and Security of Bosnia and Herzegovina, Mr Sifet Podzic, taking place in Parliament in Sarajevo on 2 November 2015 and in Parliament in Vienna on 23 November 2015.

38 Annex to the Annual Report 2015

Annex

Statistics...... 40 Legal References...... 42 Words of welcome of the President of the Natinal Council, Doris Bures, on the 23rd of November 2015, in Parliament ...... 59 Words of welcome of the Minister of Defence and Sports, Mag. Gerald Klug, on the 23rd of November 2015 ...... 61 Photographs ...... 63

39 Annex to the Annual Report 2015 Table of Statistics

Statistics 2015

In the reporting period, 2,795 persons resorted to the Austrian Parliamentary Commission for the Federal Armed Forces for help. In numerous cases help was rendered fast and in an efficient manner by way of providing advice and legal council as well as by mediating solutions.

In 398 cases complaints proceedings had to be initiated as per the stipulations of Defence Act 2001, section 4.

Requests for information or legal advice 2010-2015

3568 3421 3077 3352 2795 2981

2010 2011 2012 2013 2014 2015

Number of complaints 2010 to 2015

504 508 394 398 337 384

2010 2011 2012 2013 2014 2015

40 Annex to the Annual Report 2015 Table of Statistics

Who complained?

1 2 30% 30% 1 Privates 2 Corporals 5 11% 3 Non-commissioned officers 4 Officers 4 3 8% 5 Other personnel 21%

Causes for Complaints

2 3 2% 63% 1 Personnel matters 2 Matters of discipline and complaints 1 3 Training and routine 18% duty

5 4 4 Supplies 12% 5% 5 Infrastructure

Number of complaints of national servicemen and key personnel

2 58%

1 Persons liable for national service 2 Key personnel 1 42%

41 Annex to the Annual Report 2015 Legal References

Legal References

2001 Defence Act ...... 43 National Council Rules of Procedure Act ...... 47 Rules of Procedure of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 48

42 Annex to the Annual Report 2015 Legal References

Extract from the 2001 Defence Act

2001 Defence Act Federal Law Gazette I No. 146, last amended by Federal Act, Federal Law Gazette I No. 3/2015

Austrian Parliamentary Commission for the Federal Armed Forces Section 4. (1) (Constitutional stipulation) A complaints commission for military matters (Austrian Parliamentary Commission for the Federal Armed Forces) shall be collocated with the Federal Minister of Defence. The Austrian Parliamentary Commission for the Federal Armed Forces shall consist of three chairpersons, each of whom, pursuant to para 10, shall become the executive chairperson by rotation, as well as initially of six further members. The chairpersons shall be appointed by the National Council pursuant to para 9, the other six members shall be nominated by the political parties in accordance with d'Hondt in proportion to their numbers of seats on the Main Committee of the National Council. Every party represented on the Main Committee of the National Council shall have the right to be represented in the Austrian Parliamentary Commission for the Federal Armed Forces. Should, by way of this calculation, not every such party be able to provide a member, this party shall be entitled to appoint an additional member. The political parties shall nominate a substitute member for each member and each Chairperson proposed by them. The chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces. The term of office of the Austrian Parliamentary Commission for the Federal Armed Forces shall be six years. Only members of the National Council shall be eligible to be nominated as chairpersons, and moreover experts from the sphere of national defence and human rights shall be eligible to be nominated as members and substitute members. The Austrian Parliamentary Commission for the Federal Armed Forces shall have the quorum if at least two Chairpersons and three further members are present. Decisions shall be taken by majority. In the event of a tie, the Executive Chairperson shall have the casting vote. (3) The Chief of Defence Staff and a suitable member of the Armed Forces, nominated by the Federal Minister of Defence and Sports, shall

43 Annex to the Annual Report 2015 Legal References

serve as advisors to the Austrian Parliamentary Commission for the Federal Armed Forces. (4) The Austrian Parliamentary Commission for the Federal Armed Forces shall accept complaints lodged, directly or indirectly, by persons who have volunteered for pre-enlistment fitness examination or trainee service, by persons liable to pre-enlistment fitness examination, by soldiers, as well as by conscripts in the militia or reserve following national service, by former trainee service personnel, and – unless the Austrian Parliamentary Commission for the Federal Armed Forces finds the alleged grounds for the complaint negligible – examine them and decide upon recommendations pertaining to their settlement. This shall also pertain to complaints lodged by soldiers' representatives. If this complaint has only been lodged on account of a single soldier, her/his consent shall be required. The right to file a complaint expires one year after the issue giving rise to the complaint has become known to the complainant, in any case two years after the issue giving rise to the complaint has become void. In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission. If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned. (5) (Constitutional stipulation) By 1 March of every year, the Austrian Parliamentary Commission for the Federal Armed Forces shall submit a report on its work and the recommendations it made in the past year. This report shall be presented without delay by the Federal Minister of Defence to the National Council, together with a statement concerning the recommendations made by the Austrian Parliamentary Commission for the Federal Armed Forces. The Chairpersons of the Parliamentary Armed Forces Commission shall have the right to take part in the hearings concerning these reports in the committees of the National Council, and to be heard whenever they so request. Further details are laid down in the National Council Rules of Procedure Act. (6) Necessary expenditures which arise from the work of the Austrian Parliamentary Commission for the Federal Armed Forces, including necessary travel costs, shall be reimbursed to the Chairpersons and the other members of the Austrian Parliamentary Commission for the Federal Armed Forces. These expenditures shall be reimbursed in accordance with the provisions of the 1955 Travel Fees Act, Federal Law Gazette No. 133, as would civil servants at service-grade VIII level in the general administration. For his/her work in the Austrian Parliamentary Commission for the Federal Armed Forces the executive chairperson shall be paid an 44 Annex to the Annual Report 2015 Legal References

additional compensation of 20% of the salary of a federal civil servant in the general administration at the highest salary-grade level of service- grade IX, the other chairpersons shall be paid this compensation to the extent of 10% of the described salary. The Chairpersons shall not be paid this compensation if they are Members of Parliament (National Council, Federal Council, or a provincial parliament), or members of the federal or a provincial government. (7) (Constitutional stipulation) The Federal Minister of Defence shall provide the Austrian Parliamentary Commission for the Federal Armed Forces with the necessary personnel and bear the necessary material costs. In the discharge of tasks related to the Austrian Parliamentary Commission for the Federal Armed Forces, the personnel provided shall only follow the instructions of the executive chairperson. (8) The Austrian Parliamentary Commission for the Federal Armed Forces shall lay down its own rules of procedure and vote them into effect by two-third majority. (9) (Constitutional stipulation) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces shall be elected by the National Council on the basis of a comprehensive proposal by the Main Committee thereof. In drafting this proposal, each of the three strongest parliamentary parties in the National Council shall have the right to nominate one candidate. In case of an equal number of seats, the number of votes passed in the last National Council election shall decide. Should a chairperson retire early, the party which nominated her or him in the first place shall name a new member. On the basis of this nomination, she/he shall be elected by the National Council for the term of office remaining. (10) The Executive Chairpersons change by rotation every two years, the sequence of said rotation reflecting the number of seats held by their respective nominating party. In case of an equal number of seats, the number of votes passed in the last National Council election shall decide. The Executive Chairperson of the Austrian Parliamentary Commission for the Federal Armed Forces shall direct its work, the other Chairpersons shall hold the office of her or his deputy in the sequence previously described.

Militia recalls and preparatory militia training Section 21(3) Conscripts who have not volunteered for militia recalls but have successfully completed preparatory militia training during national service may be rendered liable to militia recalls, provided the required

45 Annex to the Annual Report 2015 Legal References

functions cannot be sufficiently staffed with conscripts having volunteered for militia recalls. To this end the conscripts shall be selected by administrative selection decision within two years of their release from national service, according to the prevalent military requirements, all the while taking personal circumstances into consideration. Such a liability may only affect at most 12 % of those conscripts who have completed their national service in the respective calendar year. This percentage shall include those conscripts who have volunteered for militia recalls. Should the conscript so demand, prior to passing an administrative selection decision, a statement of the Austrian Parliamentary Commission for the Federal Armed Forces shall be obtained. On the basis of an effective administrative selection decision conscripts may be inducted for militia recalls up to their fiftieth birthday.

46 Annex to the Annual Report 2015 Legal References

Extract from the National Council Rules of Procedure Act

1975 Rules of Procedure Act Federal Law Gazette I No. 410, last amended by Federal Act, Federal Law Gazette I No. 62/2015

Section 20a (1) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council. (2) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker. (3) The respective committee can demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during debates pursuant to para 1.

Section 29 (2) The Main Committee shall especially be responsible for the following matters: ... k) Submittal of a comprehensive proposal concerning the election of the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 4, para 9, 2001 Defence Act.

Section 87 (4) The President of the Court of Audit, the Members of the Ombudsman Board, as well as the Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are elected at the recommendation of the Main Committee, pursuant to section 4, Defence Act.

47 Annex to the Annual Report 2015 Legal References

Austrian Parliamentary Commission for the Federal Armed Forces

Rules of Procedure On 27 January the Austrian Parliamentary Commission for the Federal Armed Forces, in accordance with sect. 4 para 8 of the 2001 Defence Act, Federal Law Gazette No. 146/2001, amended by Federal Law Gazette No. 111/2010, adopted the following rules of procedure:

Composition of the Austrian Parliamentary Commission for the Federal Armed Forces Section 1. (1) Members of the Austrian Parliamentary Commission for the Federal Armed Forces are: the three Chairpersons appointed by the National Council, each of whom shall become the Executive Chairperson by rotation pursuant to section 4, para 9, 2001 Defence Act, as well as six further members nominated by the political parties in proportion to their numbers of seats on the Main Committee of the National Council. The chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces. (2) As substitute members: the substitutes of each member nominated by the political parties for each member and each Chairperson proposed by them, respectively. The substitute members are members of the Austrian Parliamentary Commission for the Federal Armed Forces for the duration of the persons listed in para 1 being prevented from attending. (3) Advisors to the Austrian Parliamentary Commission for the Federal Armed Forces are: - the Chief of Defence Staff, - a qualified official, appointed by the Federal Minister of Defence and Sports. Authorised substitutes acting on behalf of advisors shall be treated on a par with the same. An authorised military medical expert participates in the meetings of the Austrian Parliamentary Commission for the Federal Armed Forces.

48 Annex to the Annual Report 2015 Legal References

(4) Prior to executing their functions for the first time, the persons listed in para 1 and 2 shall be sworn in by the Executive Chairperson, the Executive Chairperson in turn by the member of the Austrian Parliamentary Commission for the Federal Armed Forces most senior by age. The oath is: “I swear that as member (chairperson) of the Austrian Parliamentary Commission for the Federal Armed Forces I shall discharge of my duties disinterestedly and to the best of my knowledge and belief.” (5) The Chairpersons, the further members and the substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces shall, unless law stipulates otherwise, be bound to official secrecy (section 20, para 3, Federal Constitutional Law). (6) The Executive Chairperson shall fulfil the tasks wherewith she/he is entrusted under the 2001 Defence Act, especially as regards preparing, convening and chairing meetings, as well as the minutes and the annual reports. If she/he is unable to attend, one of her/his deputies shall act upon her/his behalf. In such a case, the deputy who, pursuant to section 4, para 10, 2001 Defence Act, is to succeed the Executive Chairperson after the end of her/his two-year period in office shall act as Executive Chairperson. If, however, the Executive Chairperson is a member of the third largest party, the Chairperson nominated by the party with the highest number of seats in the National Council shall act as Executive Chairperson in such a case. At the same time the unavailable Chairperson’s substitute member is summoned; this substitute member, however, only functions as a member pursuant to section 1, para 1.

Tasks of the Austrian Parliamentary Commission for the Federal Armed Forces Section 2. (1) The Austrian Parliamentary Commission for the Federal Armed Forces must accept complaints lodged directly or indirectly a) by persons who have volunteered for pre-enlistment fitness examination or trainee service, b) by persons liable to pre-enlistment fitness examination, c) by soldiers of either sex, d) by persons liable to conscription, be they in the militia or reserve, who have completed basic national service, and by former voluntary national service personnel,

49 Annex to the Annual Report 2015 Legal References

e) by soldiers’ representatives on behalf of the soldiers they represent (if the complaint is lodged on behalf of only a single soldier, that soldier’s consent is required), examine them and decide on recommendations pertaining to their settlement. (2) In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission. (3) If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned. (4) The Austrian Parliamentary Commission for the Federal Armed Forces shall furthermore agree on the statements that it makes at the request of the Federal Minister of Defence and Sports, who thereby follows her/his obligation, which arises should the appellant so demand, pursuant to sect. 21, para 3, 2001 Defence Act, prior to taking a negative decision upon an appeal against an administrative selection decision taken by the respective provincial military command.

Office of the Austrian Parliamentary Commission for the Federal Armed Forces Section 3. (1) The Office of the Austrian Parliamentary Commission for the Federal Armed Forces serves the discharge of the tasks the Austrian Parliamentary Commission for the Federal Armed Forces incurs. Pursuant to section 4, para 7, 2001 Defence Act, the Federal Minister of Defence and Sports shall furnish the required personnel and cover the necessary material expenses. Only the Executive Chairperson is entitled to give directives to the personnel. The Executive Chairperson shall decide on all personnel matters that have a direct and immediate organisational bearing upon the discharge of duties within the office of the Austrian Parliamentary Commission for the Federal Armed Forces (especially direction and authorisation of overtime, regulation of overtime compensation, leaves, taking holidays, training and continuation training). In all other personnel matters, the Federal Minster of Defence and Sports shall, prior to taking a decision, approach the Executive Chairperson. (2) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces and her/his staff discharge of their duties pursuant to the regulations of these Rules of Procedure. The Head of the Office and her/his staff especially shall

50 Annex to the Annual Report 2015 Legal References

a) support the Chairpersons and other members and substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces in the discharge of their duties; b) take care of the administration and clerical organisation of the Austrian Parliamentary Commission for the Federal Armed Forces; c) liaise with the Presidium of the National Council, the Office of the Parliamentary Director, the offices of the Federal Ministry of Defence and Sports, especially the bodies advisory to the Austrian Parliamentary Commission for the Federal Armed Forces, and to other federal ministries that are competent respectively to the extent delineated by the responsibilities of the Austrian Parliamentary Commission for the Federal Armed Forces; prepare and support the meetings of the Presidium and the plenum of the Austrian Parliamentary Commission for the Federal Armed Forces as well as on-site hearings, investigations following extraordinary complaints and investigations of suspected deficiencies and grievances in the Armed Forces; e) ascertain facts relevant to lodged extraordinary complaints and ex officio procedures; f) obtain statements of the Federal Ministry of Defence and Sports and other offices in preparation of the settlement of extraordinary complaints and ex officio investigations; g) prepare draft proposals for the meetings of the Presidium and the plenum of the Austrian Parliamentary Commission for the Federal Armed Forces; h) implement decisions taken by the Austrian Parliamentary Commission for the Federal Armed Forces; i) process questions directed at the Austrian Parliamentary Commission for the Federal Armed Forces or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces; j) receive extraordinary complaints lodged directly at the Austrian Parliamentary Commission for the Federal Armed Forces and information potentially entailing ex officio investigations; k) provide archival work, documentation and evaluation pertaining to lodged extraordinary complaints and ex officio investigations including pertinent statistics for the Austrian Parliamentary Commission for the Federal Armed Forces;

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l) prepare the annual report of the Austrian Parliamentary Commission for the Federal Armed Forces and process statements made thereupon by the Federal Minister of Defence and Sports; m) take care of matters of the Rules of Procedure and the allocation of responsibilities within the Austrian Parliamentary Commission for the Federal Armed Forces; n) prepare statements to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 2, 2001 Defence Act; (3) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces shall be entitled to authorise activities serving the accomplishment of the above tasks. She/he shall process (including signature), on the Executive Chairperson’s behalf, such other matters as she/he has authorised her/him to process independently. The Executive Chairperson may declare her/himself responsible for any matter, or reserve the right of decision for her/himself.

Passage of decisions of the Austrian Parliamentary Commission for the Federal Armed Forces Section 4. (1) The Austrian Parliamentary Commission for the Federal Armed Forces shall have the quorum if at least two Chairpersons and three further members are present. (2) Decisions shall be taken by majority. In the event of a tie, the Executive Chairperson shall have the casting vote.

Chairpersons’ tasks Section 5. (1) Meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall be prepared by the Executive Chairperson together with her/his two deputies (Presidium) with the support of the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. (2) Any complaint lodged either directly at the Austrian Parliamentary Commission for the Federal Armed Forces or through channels shall immediately be submitted to the Executive Chairperson. For any case of complaint, one of the three Chairpersons shall be appointed rapporteur. At the beginning of each calendar year the three chairpersons shall agree on an allocation of duties which clearly sets out the aspects on the basis of which the rapporteurs are assigned their respective cases of complaint. 52 Annex to the Annual Report 2015 Legal References

(3) In case of the Austrian Parliamentary Commission for the Federal Armed Forces being obviously not competent, in cases already decided on by the Austrian Parliamentary Commission for the Federal Armed Forces and in case of a lack of legitimacy to raise a complaint, the Executive Chairperson shall inform the complainant that the complaint will, in all probability, not be dealt with by the Austrian Parliamentary Commission for the Federal Armed Forces. (4) Complaints entered anonymously shall be received by the Executive Chairperson. The Austrian Parliamentary Commission for the Federal Armed Forces shall receive reports thereupon, as well as on reports and statements made by the Federal Minister of Defence and Sports concerning those complaints. (5) If a complaint is directed against a decision, which may be appealed by means of an ordinary or extraordinary remedy, or a complaint lodged at the Constitutional Court and the Supreme Administrative Court, the complainant shall immediately be made aware of her/his right to the above remedies. (6) The Executive Chairperson shall notify the complainant of the receipt and ensuing processing of the complaint. (7) The Executive Chairperson shall initiate or conduct the ascertainment of facts or an investigation of the complaint by the Austrian Parliamentary Commission for the Federal Armed Forces on site (section 8, para 9), determine the type of investigation to be carried out and, if need be, order the investigation report, including the statement of the Federal Minister of Defence and Sports, to be submitted. (8) The Executive Chairperson shall ensure that information and documents required for the Austrian Parliamentary Commission for the Federal Armed Forces to take a decision on a complaint be available immediately, at least no later than six weeks after the complaint has been received. Should this deadline not be met, reasons as to why shall be reported to the Austrian Parliamentary Commission for the Federal Armed Forces at the following meeting. (9) The request of the Federal Minister of Defence and Sports pursuant to section 21, para 3, 2001 Defence Act shall immediately, at least no later than when documents for the following meeting are transmitted, be forwarded to the members of the Austrian Parliamentary Commission for the Federal Armed Forces. Should a member of the Austrian Parliamentary Commission for the Federal Armed Forces be of the opinion that the evaluation of a case requires further investigations, the Executive Chairperson shall immediately ensure the same.

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(10) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council. The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker. The respective committee can demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during debates pursuant to para 1.

Ex officio investigation of deficiencies and shortcomings as well as complaints on site Section 6. (1) The ex officio investigation of deficiencies and grievances in the armed forces or of complaints on site shall require a respective decision taken by the Austrian Parliamentary Commission for the Federal Armed Forces. (2) In especially pressing cases, when the Austrian Parliamentary Commission for the Federal Armed Forces has not convened, the Presidium may take a pertinent decision and investigate ex officio deficiencies and grievances on site. Section 4 and section 5 paras 2, 7 and 8 shall apply analogously. (3) The members of the Austrian Parliamentary Commission for the Federal Armed Forces shall immediately be notified of a decision of the Presidium pursuant to para 2. In case of an on-site investigation any member may participate in the same. (4) In case of a decision of the presidium in case of para 2, the Austrian Parliamentary Commission for the Federal Armed Forces shall receive a report on the outcome of the investigation as well as investigations performed and measures taken.

Convening meetings Section 7. (1) The Austrian Parliamentary Commission for the Federal Armed Forces shall, at least once a month as a rule, be convened by the Executive Chairperson following a coordination of the date with the deputy Chairpersons and the members. (2) Should at least two members so demand, the Executive Chairperson shall convene the Austrian Parliamentary Commission for the Federal Armed Forces within a fortnight.

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(3) The meeting shall be convened in written form, include the agenda and be delivered to the members of the Austrian Parliamentary Commission for the Federal Armed Forces, as well as its advisors, by registered post, if possible eight days in advance of the meeting. (4) The notice shall include the documents necessary for a decision, any measures which may already have been taken, as well as a proposal by the rapporteur to be decided on by the Austrian Parliamentary Commission for the Federal Armed Forces. (5) Requests pursuant to section 21, para 3, 2001 Defence Act, by the Federal Minister of Defence and Sports require a separate item on the agenda. The Executive Chairperson shall annex, to such a request, a statement by the Federal Ministry of Defence and Sports, which has to include the ascertained facts and the reasons for the intended rejection of the appeal, as well as a proposed statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces. (6) If a member’s inability to attend is already established at the time the meeting is convened, the respective substitute member shall be sent the necessary documents by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. Should an inability to attend develop at a later date, the respective member shall be required to forward the invitation and documents to the substitute member and to inform the Executive Chairperson or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces of her/his inability to attend.

Meetings Section 8. (1) The Executive Chairperson shall open, chair and close the meeting after the agenda has been worked through. She/he may suspend the meeting for a short time, or adjourn it; the new date shall be fixed immediately, or communicated to the members of the Austrian Parliamentary Commission for the Federal Armed Forces by the Office separately. (2) In case she/he is prevented from attending at short notice, the Executive Chairperson may entrust the deputy stipulated in section 1, para 6 with the tasks listed in para 1. (3) The Austrian Parliamentary Commission for the Federal Armed Forces may agree on changing or amending the agenda. (4) In the following cases a complaint – except for an ex officio investigation – shall not be dealt with and the procedure shall be closed:

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a) If a person ineligible for a complaint (section 2, para 1) has lodged a complaint, b)if personal involvement (section 12, para 1, General Duty Regulations) cannot be proved, c) if no military, work-related grievances are alleged. This is also the case if the complaint exclusively concerns civil service law-related matters of tenured or contractual civil servants (and no other military work-related grievances are alleged). d) if the complaint is retracted of the complainant’s free will, e) if in the case of complaint a recommendation has already been decided and there is no reason for reopening the same, f) if the alleged grounds for complaint are negligible (section 4, para 4, first sentence, 2001 Defence Act), g) if the limitation period has been exceeded (section 4, para 4, fourth sentence, 2001 Defence Act). (5) In all other cases the complaint must be dealt with materially. This also includes cases, a) in which there is the formal possibility of appealing to the supreme courts or the independent administrative senates, which, however, do not have material decision-making authority; b) in which a deadline has expired so that further disciplinary or court procedures are not permissible. If in a case of complaint there is also a disciplinary or court case pending, the complaint shall not be dealt with until the case is settled. (6) If it falls within the Austrian Parliamentary Commission for the Federal Armed Forces’s competence, the Austrian Parliamentary Commission for the Federal Armed Forces shall deal with the complaint or the result of an ex officio investigation (examination, hearing, etc.) As regards the settlement thereof, the Austrian Parliamentary Commission for the Federal Armed Forces shall agree on recommendations, or, on the basis of a concrete case, a general recommendation. (7) In case of complaints or of ex officio investigations, in which measures have already been taken by the Federal Minister of Defence and Sports or offices within her/his purview, an agreement shall be reached as to whether these measures are to be deemed adequate. (8) All members of the Austrian Parliamentary Commission for the Federal Armed Forces are authorised to submit motions to be agreed on. The advisors shall be given the floor just as the other members, whenever

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they so wish. The advisors shall furthermore be obliged to provide information if members so wish. (9) If the respective rapporteur or a member deems necessary an on- site investigation, the hearing of complainants or complainees or the summoning of witnesses or experts, they shall submit a pertinent request to the Presidium or during the meeting of the Austrian Parliamentary Commission for the Federal Armed Forces. In case of such a request having been granted, the Austrian Parliamentary Commission for the Federal Armed Forces shall determine a deadline for implementing the decision. (10) The decisions taken by the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to para 6 shall be signed by the members present at the meeting and subsequently forwarded to the Federal Minister of Defence and Sports. (11) The stipulations of paras 7, 8 and 10 shall analogously apply to the procedure of agreeing upon a statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 3, 2001 Defence Act. The meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall not be public.

Minutes of meetings Section 9. (1) Minutes shall be taken for every meeting of the Austrian Parliamentary Commission for the Federal Armed Forces, containing the names of those present and all decisions taken at the meeting and including, attached thereto, a copy of the agenda. (2) If decisions are not taken unanimously, ays and nays shall be included in the minutes. Any member may have a detailed description of pros and cons brought forward by her/him for/against a motion entered into the minutes. The minutes shall be examined for correctness by the Executive Chairperson and signed by her/him, as well as by the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. It shall be available for inspection at the following meeting.

Annual report Section 10. (1) By the end of January of every year, the Executive Chairperson shall have sent a draft version of the report on the previous year’s activities and recommendations of the Austrian Parliamentary

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Commission for the Federal Armed Forces (section 4, para 5, 2001 Defence Act) to the members of the same. (2) If the processing of complaints results in recommendations or observations with an importance extending beyond the individual case, then these, so as to prepare the annual report, shall be included in a note by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces following a directive by the Executive Chairperson. (3) The activities of the Austrian Parliamentary Commission for the Federal Armed Forces concerning statements pursuant to section 21, para 3, 2001 Defence Act shall be reported in a separate section. (4) The final version of the annual report, which takes members’ suggestions into consideration, shall, after it has been agreed upon by the Austrian Parliamentary Commission for the Federal Armed Forces, be submitted to the Federal Minister of Defence and Sports no later than 1 March.

58 Annex to the Annual Report 2015 Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces at the Parliament

Words of welcome of the President of the National Council, Doris Bures, on the 23rd of November, in Parliament

„Honoured Members of the Austrian Parliamentary Commission for the Federal Armed Forces, Ladies and Gentlemen, I regret not being able to be with you today to express my appreciation for the work of the Austrian Parliamentary Commission for the Federal Armed Forces. As contact point for servicemen and servicewomen of the Austrian Armed Forces and as independent control organ as well as because of its important advisory function the Austrian Parliamentary Commission for the Federal Armed Forces has enjoyed great respect in the Austrian Parliament and beyond. It is an indispensable institution in our democracy. It is, therefore, not a coincidence that the Austrian Parliamentary Commission for the Federal Armed Forces was founded at the same time the Armed Forces of the Second Republic were re-established. Its foundation was led by the conviction that the Armed Forces are subordinated to the democratic government of the Republic. The supremacy of politics was to be guaranteed through strict parliamentary control. And that is exactly the role of the Austrian Parliamentary Commission for the Federal Armed Forces which has entered into a new term this year. Thanks to the proven competence of its members, it will maintain its democratic control also in the future and continue to act as counsellor- at-law for the soldiers on a case-to-case basis as well as set new impulses for structural improvements within the Austrian Armed Forces. For weeks now, Austrian servicemen and servicewomen have made substantial contributions to coping with the daily challenges the refugee movements have caused – be it rendering support to law enforcement personnel or be it providing food for the refugees or transport.

59 Annex to the Annual Report 2015 Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces at the Parliament

Particularly in times of such specific challenges it is good to know that our soldiers have a competent point of contact that will defend their interests and have their concerns be heard. I thank all members of the Commission, in particular its Executive Chairman MP Otto Pendl and the Co-Chairs MP Dr. Reinhard Bösch and MP Mag. Michael Hammer for their personal commitment and wish them a great ceremony in the reception hall in the House of Parliament.

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Words of welcome of the Minister of Defence and Sports, Mag. Gerald Klug, on the 23rd of November 2015

Mr President, Mr Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces, Honoured Co-Chairs of the Austrian Parliamentary Commission for the Federal Armed Forces, Distinguished Guests, It is a great pleasure for me to welcome the members of the Austrian Parliamentary Commission for the Federal Armed Forces here in this reception hall in the House of Parliament. With the Austrian Parliamentary Commission for the Federal Armed Forces Austria sets a great example for the democratic control of its forces. The Commission is the central element with regard to complaints within the Austrian Armed Forces. Alone the possibility that our soldiers are able to address their concerns and needs with you, inevitably leads to steady social improvement in dealing with our service personnel. I am convinced that every issue brought to your attention receives honest consideration and judgement. I can assure you that I take your suggestions and recommendations very seriously and that I am always anxious to implement all measures of your recommendations. Therefore I am very pleased to read in your Annual Report that there has been a very positive development with regard to how our cadre personnel deals with the privates entrusted to them for training as well as how they deal with each other among themselves. Particularly now – and I want to emphasize that – when national service is to be optimised and made more attractive, a Commission like yours is invaluable. Your expertise and your contributions make it possible to react faster to negative developments and to introduce further positive incentives in a more efficient and effective manner. 61 Annex to the Annual Report 2015 Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces at the Parliament

In conclusion, let me assure you of my sincere appreciation for your endurance, your personal commitment and for your important contributions to optimising the social interaction in the Austrian Armed Forces.

Long live the Austrian Parliamentary Commission for the Federal Armed Forces!

Long live the Austrian Armed Forces!

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Photographs

Conferences of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 64 Inauguration visits ...... 65 Work meetings ...... 66 Inspection visits ...... 67 Troop visits ...... 72 Experience exchange with international organisations ...... 74 Annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces ...... 76

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Conferences of the Austrian Parliamentary Commission for the Federal Armed Forces

The constitutive session of the Austrian Parliamentary Commission for the Federal Armed Forces in its new function period from 01 Jan. 2015 to 31 Dec. 2020 was held in Parliament, on 17 Feb. 2015.

A further conference took place within the framework of the Austrian Parliamentary Commission for the Federal Armed Forces Convention at the seminar Centre in Reichenau a.d. Rax, from 12 to 13 March 2015.

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Inauguration visits

The Supreme Commander of the Austrian Armed Forces, Federal President Dr. Heinz Fischer, receives the Chairs of the Austrian Parliamentary Commission for the Federal Armed Forces at Hofburg Palace.

The President of the National Council, Doris Bures, invites the Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces for talks in the House of Parliament.

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Work meetings

The Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces meet with Federal Minister Mag. Gerald Klug for a work meeting in the House of Parliament.

The highest representatives of the Catholic, Protestant and Orthodox Military Pastoral Services meet the Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces for a round-table talk in the House of Parliament.

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Inspection visits

The Austrian Parliamentary Commission for the Federal Armed Forces receives information about how national service is made more attractive, at the 3rd Mechanised Infantry Brigade.

At the Mautern military training area privates of the 3rd Mechanised Infantry Brigade demonstrate their skills in battle training.

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Inspection visits

The Austrian Parliamentary Commission for the Federal Armed Forces posing for a photo with the Commander of the 6th Infantry Brigade, BG Mag. Peter Grünwald, at the Standschützen Barracks in Innsbruck.

Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces, MP Dr. Reinhard Bösch and members of the Austrian Parliamentary Commission for the Federal Armed Forces receiving information about recruit training at the 6th Infantry Brigade.

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Inspection visits

Executive Chairman, MP Otto Pendl, assures himself of the high technical standards of the security installations at the Seetaler Alpe military training area.

This group picture shows the Commission together with the Commandant of the Theresan Military Academy, as part of an inspection visit at the Theresan Military Academy.

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Inspection visits

As part of an inspection visit to the Joint Service Support Command, the Commission gathers information about the working conditions at the Force Logistics Centre/Vienna at the Arsenal Barracks.

The Austrian Parliamentary Commission for the Federal Armed Forces inspects the conditions at AUTCON/KFOR in the Fieldcamp Prizren.

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Inspection visits

At the beginning of their inspection visit to AUTCON/EUFOR ALTHEA, the Austrian Parliamentary Commission for the Federal Armed Forces avails itself of a photo opportunity at Sarajevo Airport.

Members of the Parliamentary Armed Forces Commission talking to soldiers at the LOT House Bratunac, as part of their inspection visit to AUTCON/EUFOR ALTHEA.

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Troop visits

The Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces delivering a speech on the occasion of the Command Hand-Over Take- Over Ceremony at the 3rd Mechanised Infantry Brigade.

MP Otto Pendl, the Representative of the Province of Lower Austria, Mag. Gerhard Karner, and the Military Commander of Vienna, BrigGen Mag. Kurt Wagner, inspecting the Honour Guard of the Military Command of Vienna on the occasion of the oath- taking ceremony in Weissenkirchen in Wachau Valley.

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Troop visits

MP Otto Pendl with Province Representative Dr. Stephan Pernkopf and BG Mag. Christian Habersatter, Commander of the 3rd Mechanised Infantry Brigade inspecting the troops on the occasion of the oath-taking ceremony in Teesdorf.

The high representatives of the Catholic, Protestant, Orthodox and Muslim Military Pastoral Services together with the Executive Chairman of the Austrian Parliamentary Commission for the Federal Armed Forces availing themselves of a photo opportunity on FAC football ground in Vienna, on the occasion of an oath-taking ceremony.

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Experience exchange with international organisations

At the OSCE conference in Vienna titled "Code of Conduct on politico-military Aspects of Security" MP Otto Pendl delivered a speech on the democratic control of armed forces at the Vienna Hofburg Palace, in the presence of 57 delegations from OSCE member states.

The Executive Chairman MP Otto Pendl holding a speech on the parliamentary control of intelligence services at the 3rd Intelligence Service Conference in Berlin.

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Experience exchange with international organisations

On behalf of the Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces, Mag. Karl Schneemann attended the 7th International Conference of Ombuds Institutions for the Armed Forces in Prague.

The Chairmen of the Austrian Parliamentary Commission for the Federal Armed Forces conducting talks with the Defence Representative for the Armed Forces of Bosnia and Herzegovina, Bosko Šiljegović, in the Parliaments in Sarajevo and in Vienna.

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Annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces

MP Otto Pendl delivering his official speech at the annual reception of the Austrian Parliamentary Commission for the Federal Armed Forces.

An ensemble of the Guard Music adds a festive musical touch to the ceremony, in the Reception Hall of the House of Parliament.

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