Racism Report 2012
Case report on racist incidents and structures in Austria
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zara_spenden_RZ_2013.indd 1 07.03.13 13:58 Contents
11 Editorial
13 Statistics 2012
15 Racist incidents
15 Public sphere
20 Police
24 Internet
26 Politics and the media
31 Racist graffiti
32 Other authorities, public institutions and services and service provider
34 Employment and business
39 Goods and services
39 Housing and the neighbourhood
41 Businesses, restaurants and other commercial services
50 Racist reaction to anti-racist work 52 cyber hate
52 Within the protection of anonymity
55 Survey of Cyber Bullying
56 Media literacy as a key skill
56 cyber hate - a new workshop
57 Initiative for countering cyber hate:
57 Internet Common Values Charter - sign now!
58 Take action – an overview of all registration and help centres 60 Migration and the Job Market
60 Worse jobs and lower salary despite qualification 62 Introducing
62 Christian Reder, founder of the RD Foundation in an interview 65 Elections 2013
65 Down and dirty or clean politics – messages and methods in the election campaign
68 Clean politics – my voice against racism
69 Respect! To differ together
71 Right to citizenship and the world of today 73 ➞ Glossary Acknowledgements
Many thanks to all the ZARA team members! The fol- lowing are named to represent all those who contri- buted to the racism report: Thomas Wittek, Tamara Freudemann, Eva Soltész, Megi Plaku, Elio Dalpra, Ste- phanie Sellner und Lilian Levai.
Thanks to the ZARA help centre for victims and wit- nesses of racism, for their consistent and informed work in combating racism.
Imprint Media owner and publisher: Editorial policy: The racism report is released every year and is distri- ZARA – Zivilcourage und Anti-Rassismus-Arbeit buted free of charge. The report includes a selection of racist attacks Schönbrunner Straße 119/13, 1050 Wien, which were reported to ZARA in the year 2012. ZVR: 236017119, http://www.zara.or.at The racism report therefore presents the ZARA help centre’s work for ZARA is a non-profit organisation based in Vienna. victims and witnesses in a clear and understandable way. The racism report provides information about racist structures in Austria. The Main editor: Claudia Schäfer racism report is rounded out with background information and in- Editorial staff: Doris Hartl, Georg List, Iris Stöckl, Christof terviews. Berthold, Dina Malandi, Wolfgang Zimmer, Claudia Schäfer, Thomas Wittek, Irmgard Rieger The ZARA counselling centre can be contacted by any witnesses and Guest contributors: Volker Frey, Zohreh Ali-Pahlavani, Sophie victims of racism to make an appointment: Glaser Mon-Wed 10am-6pm, Thurs 11am-7pm Editorial office: Lilian Levai T: (01) 929 13 99, F: (01) 929 13 99-99 Advertising manager: Marion Draxler [email protected], http://www.zara.or.at Graphics and lay-out: schultz+schultz-Mediengestaltung, Sabell-Christina Fabian, Sarah Steiner Printers: Donau Forum Printers, 1230 Vienna Supported by: Photos: ichmachpolitik.at, Johannes Zinner, Andreas Komenda
With friendly support from:
10 Editorial
Editorial
Dear readers,
An international network partner against cyber hate Young people are especially likely to be approached sent us an email at the end of summer which left us over social networks. 14-19 years olds are online 97% speechless: The email contained a list of the “top five of the time, communicate via social networks and get horrendous pages Facebook didn’t ban”. By anyone’s the majority of their news and information through the standards, the content of these sites exceeded the internet. boundaries of “good taste”. “Cancer is funny because people can die”, followed by “dead baby jokes“. “Abori- It is therefore unsurprising that more and more political ginal and Australian Memes” made it to third place. This parties are trusting to the power of social media. The is a page which makes fun of aborigines and presents right-wing parties in particular have a strong internet them as drunks and social parasites. Racism is, whether presence. The British Think Tank DEMOS released the off or (more and more often these days) online, on the results of an online survey “The rise of populism in Euro- increase in this country. pe can be traced through online behaviour” in summer 2012. The survey questioned the Facebook friends of We again felt like David versus Goliath. If a large inter- populist parties. According to the survey, the typical national company like Facebook only removes racist Facebook fan of a populist party is male, also votes for content from their site when ministers, state secretaries this party and/or belongs to it and displays an above and the internet community create a “shit storm” about average readiness to attend demonstrations. They all it, then we ask ourselves what we can do against racism share the belief that “immigration and multi-culturalism on the internet. We started an initiative last autumn as will destroy their national values and culture.” 20% of part of our activities within the International Network the 16-20 years olds questions admitted to feeling Against Cyber Hate (INACH) group. This initiative was drawn to right-wing groups, because they addressed directed towards the internet industry and called for the topic of immigration, which they were especially members of the industry to sign the Internet Com- concerned about. The discourse about this topic was, mon Values Charter. This charter is a formal obligation to put it mildly, coloured by a generally negative sen- against discriminatory and dehumanising content on timent (see Racist incidents, Internet, from pg. 24 on- the internet (Chapter cyber hate. Pg. 52 onwards). wards). The number of racist incidents reported to have taken place online have doubled since 2009. Some of It is, at the same time, not so easy to recognise racist these incidents were to be found on the Facebook page attitudes on the internet right away. Various anti-demo- of the FPÖ (Freedom Party Austria- Trans.) party leader cratic and right-wing groups have been using subtle Heinz-Christian Strache. The high number of fans on his means to mobilize support on the internet for a long site meant these incidents were spread quickly: Strache time. They use animal protection subjects to get Face- is, among all the Austrian politicians on Facebook, the book likes, which they can then use to get contact and champion, with 127,000 fans (as of the beginning of additional data about the many of thousands of sup- March 2013. Source: www.socialmediaranking.at). This porters for such causes. The fans are then confronted means he can reach many people with his postings (➞ with the group’s true ideological content in the next Racist incidents, Internet from pg. 24 onwards). message, or are invited to a real-world meeting. The upcoming elections will also leave their mark in the Only competent preventive work can, in our opinion, internet, where the medium will be used to exchange help against such methods. Work needs to be done to and spread information, as well as provide orientati- give users the skills required to recognise intentions on for voters. This is why we are relaunching our clean and content on the internet and to take counteractive politics campaign (➞ 2013 Elections from pg. 65). The measures against them. We would, with regards to this candidates’ statements against racism will be made subject, like to especially thank our partner organisa- public via the internet. tion jugendschutz.net, with whose support we were able to set up our new workshop against cyber hate With this in mind, we would like to wish everyone this winter (➞ workshop cyber hate pg. 56). “strong nerves” when reading this report and hope
11 Editorial
you continue to show civil courage and bravery when Claudia Schäfer is the ZARA managing director and fighting against racism. manager for the ZARA public relations work. She studied journalism and worked for years as a print and radio We hope you continue to support us in future, so that journalist, for the ORF and other media in the German- victims and witnesses can continue to receive infor- speaking area. For years she worked as a correspondent mation about their legal rights free of charge from the in New York. She also brings with her experience in project ZARA help centre, and so that racism remains visible management and campaigning, experience which she through the ZARA racism report. gained whilst, among others, working as the manager of the election campaign for foreign voters in Bosnia-Her- Claudia Schäfer zegovina. This was done as part of the OSCE mission. She was awarded a special price for her work as a co-initiator of the anti-racism campaign on Radio FM4, as part of the EU’s ‘Against Racism’ year.
12 Statistics 2012
Statistics 2012
The ZARA team documented a total of 772 racist inci- Information about the individual areas dents in 2012, 44 of which were graffiti. and the terms used:
Against anti-racism work 4 % • Public sphere describes all incidents which take Access to goods place in public and generally accessible areas, such as and services 22 % Gegen Anti-Rasssisimus-Arbiet 4% Public sphere 16 % roads, squares, traffic areas and parks. Zugang zu Gütern und• InternetDienstleistungen lists 16% all the incidents which took place in Employment Arbeit 6% the internet. This includes websites, online forums, so- and business 9 % Sonstige Behörden 5% cial networks and blogs.
InternetPolizei 22 9%% • Politics and the media includes any incidents Other authorities 6 % Beschmierungen 18% which have been caused by politicians themselves, or Police 8 % by parties, their organs or the classical media (print, Politics and the mediaPolitik/Medien 7 % 6% Graffiti 6 % radio and television). Internet 9% • Graffiti includes all reported incidents of racist graf- Öffentlicher Raum 27% fiti in public and partly public areas, for example, park houses. • Police includes reports in which the organs of law The percentage of witnesses among the people re- and security enforcement are involved. porting the incidents lay at 55% in 2012. 28% of these were directly affected, whilst 17% of the cases were • Other authorities collects all incidents that took documented during the irregular monitoring carried place between individuals and authorities (except out by ZARA staff members. the police) and/or their representatives. This includes government departments, schools and other commu- nal facilities. • Employment and entrepreneurship relates to inci- Monitoring 17 % dents that have to do with work and business relation- ships in the widest sense, i.e. the employment market, seeking work, employment conditions, work climate, Monitoring 8% employment ads, etc. Witnesses 55 % Betroffenen 34% Affected 28% • Access to goods and services includes both inci- ZeugInnen 58% dents from the domestic sphere – from searching for housing to conflicts with neighbours – and all inci- dents in and at the entrance to bars and restaurants, stores and other service providers (except those co- vered by work). • Racism as a reaction to anti-racism work indicates letters, emails, calls and other threats, insults and in- 40% of the ZARA clients were women, 41% men, 2% timidation directed at ZARA and other organisations of the incidents were reported anonymously and 17% that intervene to combat racism. were reports from organisations.
Note: Anonymous 2 % ZARA's counsellors are on one hand responsible for
Organisations 17 % checking the truth of statements, but on the other
Anonym hand have to take into account the point of view of the ‘opposing party’ and any third parties. Neverthel- Organisationen ess counsellors cannot guarantee that all informati- Männer on provided to them – from various sources – is the Frauen ‘truth’. Our first priority is the interests of the person Men 41 % Women 40 % who contacts the counselling service. Their account is treated with trust and understanding and what they say is taken seriously. However this does not mean that they are accepted uncritically.
13 Statistics 2012
ZARA is also aware that, in recounting the racist as- If ZARA did not reproduce the original racist incident, sault, we are also recounting the original discriminati- then racism would continue to be denied and swept on of one person by another. This discrimination may under the carpet. Also, to avoid the reproduction of have taken the form of racism, an insult, prejudices racism, the N-word is only implied, this expletive is or the unnecessary distinguishing of another person marked with “N...” by ZARA when quoted. through their ethnic or religious heritage as well as other feature. ZARA takes great care to use language For more details on anti-racist language use see: sensitively; racism that is repeated lies within a clear http://www.zara.or.at/ racism report 2006 context with the goal of revealing racism in Austria.
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14 Racist incidents · Public sphere
Racist incidents Public sphere
Racist insults and actual physical assaults in public lead one to conclude that a certain type of interaction exists in this area. Resentments and prejudices against people of different ethnicity are, then as now, widespread and continue to be the main motivating factor for all kinds of racially motivated actions. One of the worst racially motivated attacks in the past year was, without a doubt, the one described in Case 6: An asylum seeker in Burgenland was, without reason, attacked on the street. The man was brought to hospital with a broken leg. Such incidents lead one to ask where the hate comes from that leads someone to attack a complete stranger. It may come from the inflammatory statements which are widely spread in this country, not only in the media, politics and in private, but also on the internet. An amendment to the law concerning incitement to hatred came into power on the 1st of January 2012. This should make the law a more effective instrument in fighting this kind of incitement. The criminal offence regarding incitement to hatred has, after many years of demanding it, been revised. This now means that incitement is punishable on the grounds of seven distinct criteria of discrimi- nation. The law now understands incitement to be when someone incites hatred or violence against a church or religious community, or anyone who incites hatred or violence against someone based on the criteria of race, skin colour, language, religion, world-view, citizenship, origin, national or ethnic heritage, sex, disability, age or sexual orientation. There are, unfortunately, a few points which have to be criticised. Such behaviour is only punishable when “it is perceivable to a broad public”. There is no definition in the law of how many people are required before “a broad public” has been reached. The law thus loses its teeth, as, before the amendment, only a “public” provoca- tion was required for a punishable offense to have taken place. The protection for individuals intended by the draft amendment is thus reduced to protection from incitements to violence, but not from other kinds of incitement. It therefore remains for ZARA to continue to demand an improvement an improvement to the law on incitement. One demand is that the word “race” be removed, which can no longer be considered suitable by today’s standards. (http://www.zara.or.at ➞ FAQ).
Mr and Mrs A. visit a village festival in Upper Aust- the platform who are following another, dark-skinned 1 ria in July, accompanied by their adopted children, man. The three men run after him, shout racist insults who are of Ethiopian origin. The bandmaster comes and actually threaten the man with knives. The man on stage after one of the groups finishes performing. escapes into the waiting train. One of the men follows He gives a speech containing one racist “N...” joke. Not him onto the train and tries to pull him out. As several only does the insult “N...” appear often in the joke, but guests are sitting in the carriage and watching the inci- people with dark skin are also presented as stupid and dent, the attacker leaves the man alone and leaves the primitive. Mr and Mrs A. are upset and feel that they train. Mr M. observes that the men who remained out- and their children have been humiliated and insulted. side the train are now knocking on the window with a Mr A. brings the case to ZARA and also writes an email knife, whilst continuing to abuse and threaten the man. of complaint to the organiser, Mr X., via his website. Finally the train leaves, after a delay. Mr X., however, only answers that he usually performs Mr M. contacts ZARA in order to report the obser- at this event but that he was unable to come on the ved incident and to gain information about any further day in question and that someone stood in for him. He steps which may be taken. ZARA advises him and gives does not say anything regarding the actual complaint. him information about what to pay attention to when ZARA gets into contact with the music group’s front reporting the incident to the police, or when making a man and the responsible bandmaster on behalf of the statement of the facts to the public prosecutor. Mr M. is family A. A short time later, the front man gets in touch also informed about the further steps of a criminal pre- with ZARA and apologises for the racist “joke”. He also liminary hearing. Mr M. thanks for the advice and later promises to make the members of the brass band more informs ZARA that he and his friends reported the in- sensitive to such matters. He also personally apologises cident to the police and were questioned as witnesses. to the family A. for the incident. The further developments of the investigation procee- dings are, at the time of going to press, not yet known. One evening in August, Mr M. is witness to a ra- 2 cist attack at a small train station in Lower Austria. Fans of the Greek team PAOK Saloniki gather at He is sitting with two friends on a train which is wai- 3 Schwedenplatz in Vienna before the game bet- ting at the station. They suddenly notice three men on ween their team and SK Rapid Wien on the 30th of
15 Racist incidents · Public sphere
August at around 4pm. A passing rabbi from the Je- asylum seeker. He lives in a small village in Burgenland. wish community is insulted by one of the fans with One evening, Mr J. is on his way back to the accom- the words “Get lost, you fucking Jew! Jews out! Heil modation where he lives as an asylum seeker. He is Hitler!” The fan also raises his right arm to give the approached by a young man he does not know. The “Hitler salute”. The rabbi complains to police officers man asks him what he is doing here. Mr J. explains that who are standing a few meters away, whilst the fan he lives in accommodation close by. The man answers still has his arm raised in the salute. One police of- that he is aware of this and asks Mr J. if he knows that ficer shuns the complaint with the words “Now listen, he is in Austria. The man then grabs Mr J. by his arm today’s football!” After further complaints by the rabbi, and makes gestures to tell Mr J. that he should lea- it is explained that this non-intervention is “a proper ve. Two young women appear and tell the man that method of de-escalation”. Finally, the rabbi makes a he should stop. As Mr J. backs off and briefly turns his written complaint to the police. As a result of this, the head away, the man hits Mr J. twice in the face. Mr J. fan, who unfortunately cannot be found anymore, is falls to the floor and remains there for a few minutes. under investigation for breaching the Prohibition Act Once he can stand up again he goes to the police. A 1947. The police officers at the scene are also placed medical examination establishes that his cheek bone under investigation for misuse of authority. The Vien- and maxillary sinus are fractured. ZARA informs the na mayor, Michael Häupl, condemned the anti-Semitic refugee adviser about the organisation for the victims act in a press conference. At the time of going to press, of crime, White Ring (➞Glossary). This organisation is it is not known whether proceedings have been initia- active across the whole of Austria and could give Mr J. ted against the police officer in question. advice as well as support him psychologically. Mr J. is subsequently advised by White Ring. Ms G. is from Vietnam and has been living in Vi- 4 enna for many years. She is walking along a quiet Mr T. is a man of Turkish origins and works in the street one evening to the next metro station. Sudden- 7 textile trade. He is returning from an exhibition ly, she hears a man shouting loudly on the other side of event one evening at the beginning of October and the street. As she turns to the man she realises that he wants to unload his goods. As there is no parking is directing himself at her. The man, who she does not space close to the entrance to his house, he parks his know at all, insults her with the words “Slitty eyes, piss car in front of the opposite house drive way while he off!” and is acting aggressively. Ms G. is shocked and is unloading his goods. He leaves the car lights on to shouts back that he should cease insulting her. She show that he will leave as soon as possible. As Mr T. then continues on her side of the street to the metro comes back from unloading some boxes, he finds a car station. As the man was coming from this direction, waiting in front of the exit. The driver addresses Mr T. she assumes that he will continue on his way and leave informally, with “du”, and insults him. Mr T. immediately her alone. Ms G. stops at the next crossroads. She sud- drives away to look for another parking space. As he denly notices that the man is standing behind her. He returns to his house and comes to collect some boxes gives the impression of planning to attack her. Ms G. he left by the house driveway, the driver of the other runs away. A police car comes around the corner at this car, along with a young man and a woman, are wai- exact moment. The man turns away and leaves. Ms G. ting by the house driveway. The older man repeatedly is still shaken and shocked by this incident even weeks insults Mr T. The man takes off his coat and pullover after it happened and turns to ZARA for advice. ZARA and signals through his body language that he wishes advises her to press charges against the man and dis- to physically attack Mr T. He also shouts, among other cusses with Ms G. how she should handle the incident. things, “We’re going to send you back where you be- long!” and “What are you?” Mr T. tries to explain that he The media reports on the following incident at doesn’t want any trouble and doesn’t want anything 5 the beginning of May. Six pigs’ heads had been to do this. When the man “accuses” Mr T. of “not being left on the building site of a mosque in Graz, short- an Austrian”, he replies that he actually has Austrian ly before the laying of the foundation stone of the citizenship. He also informs the man that if he has a mosque should have happened. The prayer tent which problem with him, he should call the police. The man has been set up for the occasion has also been sprayed can then explain his problem to them. The man scorn- with pig’s blood. The Styrian Offices for the Protection fully asks what Mr T. thinks he can achieve with this. of the Constitution and Counterterrorism (➞ Glossa- He “knows all the police” and that first he will “put Mr ry) is investigating on charges based on the dispara- T. in the hospital”. The older and younger man then gement of religious teachings. It is not known at the turn on Mr T., hitting him repeatedly in the face and time of going to press if the authorities could find the his upper body. Mr T. is held still by one of the men, culprits. but is able to free himself and runs to his flat to get his mobile phone. He calls the police immediately. The A refugee adviser comes to ZARA in spring and incident is subsequently recorded by a police officer 6 asks for information and support for one of the and Mr T. is sent to a hospital for medical care. ZARA refugees she cares for. Mr J. is of Iraqi origin and an advises and supports Mr T. in the criminal investigati-
16 Racist incidents · Public sphere
on proceedings which follow. ZARA also makes Mr T. Ms. O. is an Austrian. One September evening, aware of the legal assistance provided by the Crime 9 she is travelling with her four-year-old-daughter Victims Act. The result of the criminal proceedings is, on the metro line U4, in the direction of Heiligenstadt. at the time of going to press, not known. She is wearing a head scarf, but not for religious rea- sons. A group of four older people, one woman and Mrs W. was born in Peru and has lived in Austria three men, get on the metro. As Ms O. is obviously 8 with her husband for many years. Her husband pregnant, she is in the 24th week of her pregnancy, is of Austrian origin and she herself possesses Austri- she is sitting on a seat with her daughter. A seat is free an citizenship. Mr W. reports the following incident to next to her where the woman belonging to the group ZARA in January. Mrs W. is sitting in a bus one evening sits down on it. The men remain standing. One of the on the way home. Three young men approach her men suddenly says very loudly, “Ah ha, that’s why I and begin to racially insult her with phrases such as worked my whole life; so the kids can sit on their ar- “fucking Tschusch” (racist insult for people of southern ses in the metro.” Ms O. turns to him and tells him that European and Turkish origin- Translator’s note; English: he shouldn’t talk like this in front of a small child. The bohunk). They also threaten Mrs W. by holding their man replies by saying, “Excuse me, but I don’t under- clenched fists in front of her face. Other passengers stand your language and anyway, I had to work my observe this harassment (➞ Glossary), which makes whole life for people like you. What a fucking life!” Mrs W. feel very unpleasant, but none of them come Ms O. is bewildered and replies that she can under- to help her. After a few stops the three men get out of stand him very well and that she is surprised that he the bus. Mrs W. is extremely shocked by the incident doesn’t understand her language, as they both speak and decides, together with her husband, to go to the the same language. The man looks at the headscarf, police and file a complaint. At the police station, Mr which Ms O. wears as a bandana and explains again, W. first has to refer to a print out from ZARA website that he does not understand her language and that containing legal information about offences regarding she should please speak his language if she wants to racial insults (➞ Glossary) before the officer on duty say something to him. Ms O. turns to ZARA and asks files the complaint. However, the young men’s thre- that this incident be documented. She is shocked that atening gestures are recorded in the report merely wearing a headscarf is enough to be racially insulted as “waving their hands around”, and not as a dange- in public. rous threat (➞Glossary). Mr and Mrs W. are very much aware that these unknown culprits will probably not Mrs B. is of Austrian origin and converted to Is- be found but are of the opinion that such incidents 10 lam some time ago. She now wears a headscarf. should still be reported. ZARA has, at the time of going She lives together with her husband in Vienna. Mr and to press, no further information about the progress of Mrs B. contact ZARA in March with the following inci- the investigation. dent, which they ask to be documented. One evening,
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17 Racist incidents · Public sphere
they are going up with the escalator to the exit of the to ZARA. ZARA informs Ms T. about the possibility of metro station Simmering. Three men come in their di- pressing criminal charges against the unknown man rection on the opposite escalator. As they come closer and documents the case. to Mrs B., they give her the middle finger and insult her with the words “fucking Judas” and add scornfully In August, new “Stones of Remembrance” are that “she wouldn’t look so bad otherwise.” 13placed in a street in Vienna. They commemora- te the Jews killed during National-Socialism. Shortly Mr and Mrs H. live together with their two thereafter Ms P. reports to ZARA that the stones had 11 children in Vienna. Mrs H. was born in Ger- already been spat on, the very morning of the first day many, Mr H. in Gambia. One sunny day in July, Mrs H. after they had been set in place. ZARA documents this and her children are spending the day in the open- anti-Semitic incident and forwards the report to the air swimming pool. Once finished, they take the tram Forum against Anti-Semitism (➞ Glossary). back home. Because of her pram, she has a short ver- bal dispute with another woman in the carriage of the Mrs S. is a Muslim and wears a headscarf. This tram. As the woman gets off, an older man decides to 14 incident takes place shortly after the last ra- intervene and tell Mrs H. to “be happy that she is allo- cism report goes to press in December 2012. Mrs S. wed to live in Austria!” Mrs H. asks if she had under- and her husband visit an orthopedian in Vienna and stood him correctly. The man repeats his statement. are just leaving the treatment room. Another patient An older woman who is also sitting in the tram wit- is waiting by the treatment room’s door and talking nesses this racist statement and tells the man, in an on her telephone. Upon seeing Mrs S. she comments indignant tone, that he should refrain from making “Nothing but headscarves here!” to her conversation such comments. Mrs H. is happy that one of her fel- partner in a disparaging manner. Mr S. informs ZARA low passengers intervenes, but is angry that the day about the incident and asks for it to be documented. should end in such a way. She asks ZARA to document the case. Mr Z. forwards the following case to ZARA in 15 February. A colleague of his posted it on Fa- Ms T. is from Vorarlberg and is riding the Vi- cebook. Ms T. is travelling with the tram in Vienna. A 12 enna Metro one afternoon in July. Shortly man gets on and goes to a three-year-old boy who after she takes a seat, a passenger next to her be- is sitting across from his mother. She also has a small gins to speak to her. He mocks her “old-fashioned” child in a pram. The man says to the child, “Get on, you mobile phone. She answers that her phone is not his Tschusch boy!” (racist insult for people of southern Eu- business. Upon hearing her accent, he begins to talk ropean and Turkish origin- Translator’s note; English: about her origin and asks if she is a ‘Marmeladinger’ bohunk). The boy’s mother complains about this racist (An East Austrian term for Germans, especially Nort- demand. The man answers with further obscenities: hern Germans- Trans.). She does not understand this “No one forces you foreigners to live in our country! expression, leading him to explain that it means ‘Ger- Fuck off!” Ms T. is the only person who defends the man’. Ms T. informs him that she is from Vorarlberg. mother and the children and rebukes the man for his The man then starts a racist rant and tells Ms T. she racist statements. The man reacts to this with further should go back to where she came from and that any- verbal attacks, who are now directed against woman way, everyone there is a “Jewish pig” and that people in general. Ms T. complains to the tram driver, who from Vorarlberg are foreigners and he will chase them confronts the man about his aggressive behaviour. He away, just like he has chased away the “Yugos” and denies everything. The driver gives him a warning and “Turks”. Every attempt to interrupt his racist ravings is tells him that he will have to leave the tram if he hears answered by the man with the words, “Shut up, Jewish any more complaints. Ms T. is speechless that none of pig!” He then remarks that his grandfather was right the other passengers confirm this racist attack and to “have gassed them all”. At this point, Ms T. arrives that there are no further consequences for such inju- at her station and gets off. Ms T. reports the incident rious behaviour.
18 Racist incidents · Public sphere
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19 Racist incidents · Police
Police
A democratic, constitutional state needs a police apparatus that declares the guarantee of human right’s to be its greatest priority. The police need the co-operation of everyone in a country to ensure a peaceful co-existence. It is exactly this common basis for trust and co-operation that is undermined by the covering up of mistakes and the use of questionable methods, such as ”ethnic profiling”. “Ethnic profiling” has, unfortunately, been a long-running issue in the last racism reports. But what exactly is “ethnic profiling”? This is when the police use demographic features and an (assumed) ethnicity as indicators to decide which people to stop and question. The use of such methods is highly questionable, even when the police claim that they result in success. They can, for example, destroy the trust that an ethnic or social group has in the impartiality of the law enforcement officials, because they generate an across the board “community of suspects” who are also then perceived as such by the majority of society. This then leads to their exclusion and rejection from mainstream society. There are many critics, such as the FRA (Fundamental Rights Agency), who strongly protest against the use of “ethnic profiling” and demand that suspicious behaviour should primarily lead to a person being stopped and questioned, and not their outward appearance. It is also of the greatest necessity that an external and independent department be set up to examine errors in police work. The European commission against racism and intolerance (ECRI) is one body among many which demands such a department be set up. The guarantee that such an investigative body be independent is all the more important, because an internal culture of self-criticism and reflection seems to be missing within the police force. Many victims of racist discrimination or attacks by members of the police force do not usually want to take any steps against the police officers in question, as they fear or guess that their fellow officers will make state- ments protecting their culprit, meaning that pressing charges is pointless. Worse, the victim could, in the course of an investigation, become the perpetrator. There is an urgent need for action in this area.
In August of this year, Ms K. lands at Vienna from the police, she comes to ZARA at the end of the 16 International Airport in the night. She is re- year and asks for support. The officer’s behaviour may turning from her holiday. All passengers have to go have been a breach of the “code of conduct regula- through immigration before leaving the airport. Ms K. tions” (➞ Glossary). These regulations state that law notices that one of the immigration officers checking enforcement officials may not behave in a prejudiced the passports of people from non-EU countries is be- manner when carrying out their duties. ZARA once having badly. He is constantly shouting and making again sends the letter of complaint to the responsible racist comments. For example, he shouts at the person police statement along with a request for a statement. whose passport he is checking, “It’s always the same ZARA receives a letter in answer in which the res- with you!” The officer is enraged because the arriving ponsible officer apologises for the late response and people give him the passports without already having continues that the official concerned has admitted to opened them on the page showing the visa. He is also having behaved in an unpleasant manner and to ha- annoyed that families are giving him the passports of ving made improper comments during the incident in all family members at the same time. Ms K. is, luckily, question. Further, the officer writes that the official has an Austrian citizen, and does not have to go through apologised and that he wishes to maintain a friendlier this check. She is so shocked that she briefly forgets attitude in future, one which would correspond to the to go through passport control herself. As she cannot expectations of his superiors and travellers. Further- get the incident out of her head, she complains to more, it is also stated that the official concerned has Vienna International Airport the next day, using the received a written warning from his superiors. Ms K. is contact form. Ms K. then receives a reply, informing satisfied that her complaint has now been answered her that the airport has no direct influence over ex- and that the officer has apologised for his behaviour. ternal personnel, but that they will discuss a possible need for improvement in the area of customer service Ms E. is of Nigerian origin and has been living at the next meeting. She is also informed that her let- 17 in Vienna for some years. One night in July ter has been forwarded to the police for consultation. 2012 she visits a bar which is being checked by the Ms K. receives no reply from the police. A friend of Ms financial police. After the check has finished, a group K. with Turkish citizenship comes to Vienna for a visit of about 20 people, officers as well as bar guests, are in October. She meets the same unpleasant immigra- standing outside on the pavement. A drunken passer- tion officer. He treats her contemptuously and shouts by approaches the group and asks if the bar is a “brot- at her. Ms K.’s friend does not understand him though, hel”. One of the uniformed police officer answers, “Yes. as she cannot speak German. As Ms K.’s complaint to Your whore’s there!” and points to Ms E. He then adds, the airport obviously led to no consequences for the “But you have to watch out, she’s got AIDS!” The other racist officers and, as she had not received a response people in the group hear this statement. A witness, Mr
20 Racist incidents · Police
M., points out to the police officer that his remark is to “stand up so he can see if she is a man or a woman.” discriminatory. He waves the protest aside and says He then tells Ms H., in a very contemptuous manner, that he knows the woman, that she “has HIV” and that “it’s a pity that people like her have Austrian citizen- “she should be sent home”. Ms E. subsequently suffers ship”. He further notes that it is regrettable that she a nervous breakdown and has to be brought to the obviously cannot speak German. Ms H. can speak very hospital with the ambulance. Mr M. gets the officer’s good German and is shocked to be spoken to in such rank and number and reports the case to ZARA. ZARA an insulting and humiliating way when she has come reports the case to the public prosecutor on Ms E.’s to the police as a witness in an investigation. On Ms behalf. Ms E. is informed that proceedings against the H.’s request, ZARA sends a complaint to the police sta- police officer have been discontinued in December tion in question. The answering letter states that the 2012. Ms E. is, at the time of going to press, conside- officer in question denies making such comments. ring whether she will appeal against the decision. The letter then goes on to state that an assessment of statements that vary so greatly from each other is a Mr A. was born in Austria, his parents come very difficult task. It is therefore not possible to give a 18 from Turkey. One day in March, Mr A. brings final clarification of the actual events that took place his uncle to the airport with his father’s car. On the during the questioning. However, should the incident way back he is stopped by the police on the motorway have taken place in the way described by Ms H., then for exceeding the speed limit. Mr A. does not have his they apologise for it. papers with him, as he usually has them in his own car and forgot to bring them with him on this journey. Ms W. is a refugee from Chechnya and has The police officer then tells Mr A. to come with him 20 lived in Vienna for a few years, along with her to the station. Mr A. asks if this is really necessary and children. One morning she is walking along a passage whether it is not within the extent of his discretionary in a metro station with her small daughter in a pram powers to find a less strict solution. The police officer and accompanied by a friend. She suddenly feels a reacts in a very hostile manner and explains to Mr A., hard blow against the side of her head. Ms W., is sho- in a condescending tone, “We’re not in the Balkans. We cked and does not understand what has just happe- don’t bargain like you do there! We are in Austria, the ned. Her friend, however, saw that a man behind her rules apply here!” Mr A. responds indignantly that he had hit her and then just walked off. Ms W. informs was born in Austria and that there is no reason to be the police with the help of some passers-by and her so disrespectful towards him. Mr A.’s brother, who dro- friend. The police subsequently bring in the offender ve to the airport in a different car, comes on the scene for questioning. Ms W. is examined at the hospital, and speaks to the officer, leading to Mr A. eventually where she is also treated for a contusion of the skull. being able to drive home. Mr .A is very shocked by the She later makes a statement to the police. As she is manner in which the officer spoke to him. He finds very upset and dismayed by the fact that a stranger the administrative penalty he received for breaking would suddenly and without any reason attack her in the speed limit completely justified, but would like a frequented, public place, she asks the police officer to lodge a complaint against the officer’s racist com- doing the questioning why the man did this. He then ments and the fact that he spoke to him disrespectful- explains his assumption to Ms W.; it had to do with the ly (by using the informal ‘du’ form of address.. -Trans.) fact that “the foreigners” only come to Austria to ex- ZARA advises Mr A. and supports him in lodging a ploit its welfare system, and that everyone knows this. complaint pertaining to the code of conduct for law Apart from that, they would always disturb people, for enforcement officers (➞ Glossary). In response to this, example, by talking on the telephone too too loud. Ms the officer responsible for such matters contacts Mr A. W. shouldn’t get upset; anyway, it was only a “smack”. per telephone. The officer apologises to Mr A. for his People in Russia would even kill each other. Ms W. ex- colleague’s behaviour and further explains that he will periences this statement as a second “blow” and ma- discuss the incident with him. Mr A. is satisfied with kes, with the support of ZARA, a complaint against the the handling of his complaint and considers the mat- officer. During the legal proceedings which later take ter to be closed for him. place the man who hit Ms W. declares himself guilty and receives a suspended sentence. He is also ordered Ms H. comes to ZARA in summer for advice. to complete therapy sessions to overcome his aggres- 19 She is of ex-Yugoslavian origin, but has pos- sion. Ms W. is awarded compensation. ZARA receives sessed Austrian citizenship for a long time. an answer to their complaint from the Vienna police’s She was recently invited to a police station in Vi- office for administrative supervision at the end of the enna to give information for a criminal investigation. year. The letter states that it has been established, af- The detective doing the questioning becomes very ter due verification of Ms W.’s accusation, that the be- unfriendly and impatient during the course of the haviour of the officer was “not professional”. On behalf conversation. In reference to statements made by Ms of the Vienna Police, they apologised to Ms W. for the H. that are, in his opinion, contradictory, he tells her officer’s behaviour.
21 Racist incidents · Police
Mr E. is German origin. He contacts ZARA in the public road, and did not climb over any fence. The 21 December to report two incidents which, in officer makes derogatory comments which are obvi- his opinion, indicate “latent racism’ within the police ously related to the group’s non-Austrian origins. He force. In October he is stopped by an officer in the 19th addresses them informally with “du” and asks, “Who district for riding his peddle scooter unlawfully on the are you and where do you think you’re living?” He also pavement. He is asked if he has a driving license and adds that they aren’t integrated. Mr A. explains, on replies that he acquired it 10 years ago in Germany. the officer’s demand, that he comes from Tunisia, has The police officer answers this by saying, “In Germa- lived in Vienna for a number of years and is ready to ny?? Then of course you don’t know ANYTHING!” A represent the group and to answer any questions put few months before, he is stopped by a police officer to them. Mr A. tells the police officer his name, whe- for riding his bicycle in a pedestrian zone. She asks reupon the officer asks him if he has spelt it correctly. him if he speaks German and if he is a foreigner. Mr Unfortunately, Mr A. cannot read the note in the dark E. answers positively to both questions. The officer and without his glasses and therefore cannot answer then asks where he is from. When Mr E. tells her that the question. The officer is extremely annoyed and ac- he is German, she responds by the saying, “Well, then cuses Mr A. of not being able to read. He then shouts, you’re not so bad!” in a scornful tone, “Can anyone here actually read?” Eventually, Mr A. is informed that he has to come to Mr A. is of Tunisian origin and has been living the station. He is taken there in the police car with 22 in Vienna for a long time. One weekend in De- flashing lights. In the station, his particulars are taken. cember, Mr A. meets some friends and acquaintances, He is then informed that he can go and that a report also of Tunisian origin, for one of their regular football of the incident will be sent to the foreign ministry. Mr games on a sports ground in Vienna. The ground is A. comes to ZARA with the case where he is advised separated from the UNO city by a public road and a about any possible legal action he could take against fence. During the game, one of the players accidently the discriminatory treatment he received from the kicks the ball over the ground’s fence. A large part of officer. He is informed about the code of conduct re- the group therefore goes onto the street next to the gulations (➞ Glossary), which are guidelines for how ground to find the ball. While they are looking for the law enforcement officers should behave when inter- ball, a police car with a flashing blue light suddenly vening in situations. ZARA supports Mr A. in making a drives up to them. Two officers get out of the car. One complaint relating to a breach of this code of conduct. of the officers accuses the group, in an aggressive The result of the case is, at the time of going to press, tone, of trying to enter private property. Mr A. and not known. his friends though, were only looking for their ball on
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23 Racist incidents · Internet
Internet
Democratic effects, worldwide networking, faster exchange of information and the feeling of freedom and ano- nymity are all values that we associate with the internet as we know it today. The darker side of this phenomenon though, is no less in evidence. False reports, the reproduction of half-truths, as well as racist and inflammatory content can be spread just as quickly and easily. These problems are often taken lightly; the common opinion is that “it’s “only” a virtual realm and not the “real” world.” Only, laws and regulations which apply in the “offline world” should also apply in the “online world”.
The following email is forwarded to ZARA in posted several comments related to a criminal suspect 23 August. The following claims (among others), of Turkish origin in a Vorarlberg internet portal in April. can be found in the email: “foreigner’s children are ta- In this post he notes that it is “the usual caraway chaos”. ken to the kindergarten in taxis at the expense of the Further: “They lie through their teeth”. The Federal Court state of Lower Austria”, “asylum seekers are unwilling to in Feldkirch sentences the man to pay a fine of 7,200€, work” and “The state of Lower Austria pays for interpre- half of which is conditional. The sentence is not final, ters and specially trained kindergarten teachers for obt- and the man still has the right to appeal against it. The rusive foreign children”. The author of the email appears former police man must also undergo police disciplina- to be a police officer from St. Pölten (capital of Lower ry actions. Austria- Trans.), as he sent the email from his official email account and expressly states that he would like The Wels Initiative against fascism call atten- the email to be disseminated. The email is picked up by 26 tion to the Facebook group “I mog Wels nim- the website of the Austrian newspaper “Der Standard” a ma” (I don’t like Wels anymore- Trans.) in February. The few weeks later. The claims made in the email are, after posters in this group make migrants and the city’s “for- a little research work, quickly shown to be untrue. It is eigner friendly” policies responsible for all their possible suspected that the claims are intended to incite hatred and alleged grievances. One poster even wishes that against allegedly privileged migrants. The wide distri- a “small Hitler” would return and suggests that the so- bution of these “email lies” by gullible readers and the lution to the problem is to “re-open Mauthausen”. The resulting angry complaints to the Lower Austrian Fede- Antifa in Wels reports that charges have already been ral Police Command reveal that this attempt to incite brought based on breaches of the Prohibition Act 1947. people was successful. The resulting media attention Further information is, at the time of going to press, not leads the police officer to give a half-hearted correction available. of the claims he made. In particular, he explains that the taxis he referred to are “collective taxis” that bring In January, an apprentice in Salzburg has to children from remote areas with poor public transport 27 stand trial for racist postings. They are made on connections to their schools or kindergartens. He also FPÖ (Freedom Party Austria) leader H.C Strache’s Face- makes it known that he in no way wanted to stir up book page. He is charged by a judge of the Salzburg hatred against foreigners. The assistant chief of police juvenile court to do 50 hours community service for for Lower Austria distanced himself in the name of the postings such as “Just kill all Turks. Only the Third Reich police force from the email and strongly condemned its has a future.” The 50 hours are part of a diversion settle- inflammatory content. It is also announced that there ment (➞ Glossary). would be official consequences for the officer in ques- tion. A reader of an anti-Islamic blog published a 28 post from said blog in May. “Don’t only fight Media report at the beginning of August about a back physically. I wanted to buy a leather cowboy at a 24 court case against a 33-year-old internet user. He show yesterday. It was only when the salesman asked made several postings in a news portal from January to me if I was looking for a hat that I noticed that he was an May 2012, where he calls “Turks” a “Neanderthal people” Indian. I answered, “Not anymore!” and went away. We and “stupid farmers and apes” as well as demanding a have to make it clear on a daily basis that we don’t want “ban on Turks”. The Federal Court in Feldkirch sentences foreigners to colonise our country.” ZARA documented the man on charges of incitement to hatred (➞ Glossa- the postings as part of our irregular monitoring activi- ry). He is ordered to pay a fine of 5,400€, half of which is ties (➞ Glossary). conditional. The sentence is not legally binding. A comment posted on H.C Strache’s Facebook A 56-year-old retired policeman appears befo- 29 page is reported to ZARA in December. A user 25 re court at the end of September in Feldkirch with the name “Rudolf Hass” wishes everyone a merry on charges of incitement to hatred (➞ Glossary). He Christmas and posts a link to another website. The links
24 Racist incidents · Internet
leads to a photo showing an old man, along with the These comments are forwarded by ZARA to the inte- text “once the gas was out, we finished them off with rior ministry office responsible for reporting National stones.” ZARA forwards the posting to the interior mi- Socialist activities (The Federal Office for State Protec- nistry office responsible for reporting National Socialist tion and Counterterrorism ➞ Glossary). “A colleague of activities. (“The Federal Office for State Protection and mine has a friend who lives in Bulgaria. He can provi- Counterterrorism ➞Glossary). de a first-hand account of how gypsies live there and what sort of attitudes they have. Gypsies have a largely A chain letter is forwarded to ZARA in Septem- impaired relationship to property; their own and that 30 ber. The mail contains an attachment with an of others. They obviously do not understand, because audio file with the title “In a Tyrolean mosque.” A Mus- of their own traditions, what property means. They see lim call to prayer can be heard at the beginning of the something, they want it, and they take it, without being file. This is immediately ended by a loud noise, which is aware that they have done anything wrong. They’ve got obviously the shot from a gun. Merry Austrian folk mu- something and don’t need it anymore, so they just drop sic can then be heard. ZARA documents the email and it where they’re standing or walking. This is only diffe- forwards it to the interior ministry office for national so- rent when it comes to money. Everything that they see cialist activities (The Federal Office for State Protection and don’t need actually need themselves, they take and and Counterterrorism ➞ Glossary). turn into money somehow. This means a winegrower in Bulgaria cannot leave his grapes to ripen on the vine. At the end of June, ZARA is made aware of If he tries, then his grapes are gone in the morning. He 31 several Facebook postings which are racist, in- has to harvest the unripe grapes and then put sugar in flammatory and incite violence. They include phrases the wine. This also applies to fruit growers. They have no such as “I’d visit a mosque with high-proof alcohol ;-)” chance to let their fruit ripen without hiring expensive “MOLOTOV COCKTAIL!!” “A petrol canister in combinati- security guards. You only leave your house unguarded on with a fire lighter would also be ok...” and “I don’t like when you go on holiday once in your life …“ black kaffas”. These are posted by members of the Face- book group “Wir stehen zur FPÖ” (We are for the FPÖ- FPÖ leader H.C. Strache posts a story on his Trans.). The FPÖ politician H.C Strache is also a member 33 Facebook page at the beginning of December. of this group and compliments it on his own Facebook The posting concerns the alleged ban on St. Nicholas page as “engaged supporters of our community”. An visiting Vienna Kindergartens (see also the case in Po- observer of this group publishes parts of this comment litics and the Media / Case 45). Amongst others the fol- on his website. These comments are later reported on lowing comments are posted by Facebook users under in various media and several politicians criticise the the posting: “Right at the border we should castrate the group. Strache himself withdraws his membership from men and sterilise the women, whilst reading Duden and the group, but many other FPÖ politicians remain in the a German bible!” “!!!SIEG HEIL!!!” “Fucking Muslims- away (now closed) Facebook group. ZARA forwards the pos- with them” “Burn the Muslim children immediately!!” sibly illegal content of the public comments to the in- “There’ll come a time when we’ll be on top again!! Then terior ministry’s NS reporting office (The Federal Office it’ll be “people, rise up, and let the storm break loose!” for State Protection and Counterterrorism ➞ Glossary) (Editor's note: A quote from Goebbels during the “Sport for inspection. There is, at the time of going to press, Palace Speech”) and “Die Muslims, DIE”. no further information about the result of the office’s These comments, and others, are reported by investigations. ZARA and other readers to the interior ministry’s NS reporting office (The Federal Office for State Protec- The following comments about an article on tion and Counterterrorism ➞ Glossary) for breaching 32 “criminogenic gypsies” are published on a the Prohibition Act 1947 and the law concerning inci- right-wing Austrian internet news portal in September. tement to hatred (➞ Glossary).
25 Racist incidents · Politics and the media
Politics and the media
When reading the previous racism report, one can have the feeling of being trapped in a time warp. The same pat- terns can be found again and again; from divisive election posters, newspaper articles or statements by politicians. First, a statement is made based on incorrect figures or alleged facts. The statement creates a wave of indignation, which eventually subsides. It then starts all over again. A further evil is to be found in the media, which is largely one-sided and produced content which has not been properly researched. Stirring up resentment and dividing the population on the basis of cultural-ethnic and/or social differences is certainly not a new approach used by the Austrian tabloid newspapers. “Figures” are often presented without any information about the sources. Racism has an easy time of it in a newspaper landscape where “criminal asylum seekers” is a pleonasm (➞ Glossary). Something has to be done about this. ZARA and other organisations and networks such as Kobuk, a media watch blog, Teil- nehmende Medienbeobachtug (Participative media watch- Trans.) and Fernseher Kaputt (TV broken-Trans.) form the spearhead against inflammatory and racist content in the media. Many incidents are reported to the Austrian Press Council and false reports are clarified.
A sketch is broadcast on the much-loved up until now, unsuccessful search for an unknown 34 ORF’s late night TV show “Willkommen Ös- suspect involved in an attack on a taxi driver. The terreich” in October. In the sketch, the business man following racist wording can be found in the descrip- and politician Frank Stronach and the professional tion of the details of the event. „Shortly before they footballer David Alaba are portrayed by the show’s reached their destination, the southerner (one of two presenters. The presenter portraying David Ala- hundreds of criminal foreigners who make our home- ba has been “blackfaced” for the sketch. Throughout land unsafe) drew a knife.” (Southerner means here the sketch, he is confronted by racist clichés and in- someone from southern and eastern Europe- Trans) sults without any opportunity to comment on these. ZARA documents the article using an online report At the end of the sketch “Alaba” becomes angry and from “Kobuk- Association for critical media consump- leaves the conversation. The sketch does admitted- tion” (www.kobuk.at). ZARA, along with many other ly attempt to present a criticism of racism, but these angry readers, initiate a complaint procedure through pretensions are undermined by the unchallenged the Austrian Press Council to examine for, or deter- reproduction and supposedly “funny” presentation of mine, a breach of media ethics has taken place. The common racist prejudices. These prejudices, and the result of the investigation being carried out by the ad- demeaning insults which accompany them, are direc- ministrative tribunal of the Press Council is, at the time ted against a well-known sports person who has only of going to press, not known. been “used” for this sketch as a silent victim of racism because of his skin colour. Mr Alaba and his family are The racist insult “N....” is found in a variety of also appalled by the sketch, which is also shown on 36 articles published by the conservative right- the TV show’s website. The sketch is also to be found wing weekly magazine “Zur Zeit” over the course of on YouTube and is seen by a large number of users. 2012. This magazine is published by the FPÖ politician David Alaba’s father and family lawyer come to ZARA Andreas Mölzer. The insult is used to describe people for further support and advice. ZARA contacts those with dark skin (for example, African asylum seekers responsible for the program. They recognise that the or the Italian footballer Mario Balotelli). The Austrian program has injured David Alaba’s personal rights and Press Council (➞ Glossary) takes a reader’s complaint are ready to seek a solution. The case is also picked as an opportunity to reprimand “Zur Zeit” in its deci- up by media in Austria and Germany. Many persona- sion concerning said complaint. The decision states lities from the sports and journalistic world criticise that the newspaper’s use of derogatory and insulting the sketch which, due to the racist statements made terms breaches Article 5.5 of the code of ethics for within it, completely misses its intended mark, as tas- the Austrian press. The article states that “any kind of teless and racist. They demand an apology. The ORF discrimination on racist, religious, national, sexual or and the makers of the programme apologise for the other grounds” is inadmissible. Despite the Austrian discriminatory sketch. They also order a deletion of Press Council’s decision, the racist term is still to be the related videos on YouTube. ZARA contacts the found in editions 51-52/2012 of the magazine. ZARA “Willkommen Österreich” editorial team again and ask documents the racist language using media reports that the sketch be deleted from the online edition of and as part of our irregular monitoring activities (➞ the programme. This is carried out. Glossary).
A large Austrian daily newspaper publishes In edition 28/2012, the weekly magazine “Zur 35 an article at the end of December about the, 37 Zeit” publishes an article entitled “Perpetrator
26 Racist incidents · Politics and the media
protection for foreigners”. This articles concerns the are being initiated to establish whether the article was fact the media do not report on the origins of criminal contrary to the principles of media ethics. The com- offenders, which “Zur Zeit” considers to be a scandal. petent senate of the press council tribunal comes to A French case is cited in the article, where the offender a decision in the beginning of February 2013. It finds was not named. The article comments on the origin of that the article presents a serious breach of the Austri- the offender (which had by then become known), in an press’s code of ethics, due to the general vilification the following manner, “As a matter of fact, the violent of people belonging to the Muslim religion and discri- criminal was called Souleymane and comes from the mination on religious and racist grounds. Further, the Caucasus republic of Chechnya. A region then, whose press council finds that the vilification of a recognis- citizens create massive problems as refugees across ed religious community could justifiably be called a the whole of Europe, because their tendency to vio- breach of public order. The senate judges the clear lence is definitely higher than that of the autochtho- apology of the website’s editor-in-chief as positive, nous population, and even higher than that of other but finds the reaction in the print edition insufficient, immigrant groups.” ZARA documents the generalising as it primarily praises the quick consequences drawn racist assertions thanks to a witness’s help. by the editors-in-chief, rather than focusing on the apology itself. Furthermore, the consequences drawn The Austrian free newspaper “heute” publi- by the newspaper are judged to be positive, including 38 shes an article in December about a murder the disciplinary actions taken and the announcement case in Klagenfurt where a man killed his wife in front of training to raise awareness among the editorial of their daughter’s kindergarten. Although there is no team. clue to the culprit’s origin, he is described by the two authors of the report as the “sort of man who usually Ms N. makes ZARA aware of a recent article in and luckily lives behind the half moon. In countries, 39 the “Krone Zeitung” newspaper at the begin- where the buttocks are higher than the head when ning of January, as well as the clarification published praying. They see partners as their property. If she tries on the website of the association “Kobuk- Association to be independent, then they feel injured in their pri- for critical media consumption” (www.kobuk.at). The de and go crazy.” Many angry readers report this artic- Krone article claims, under the title “50 sick incest le not only to ZARA, but also go to the Austrian Press babies every year”, that 50 sick incest babies are born Council (➞ Glossary) and complain directly to the in the AKH (Vienna Central Hospital) every year and daily newspaper’s editors. An “apology in light of cur- that “most of them are migrant children from socially rent developments” is published by the editor-in-chief disadvantaged families.” The only source named for Christian Nusser on the same day on the newspaper’s the claims made in the article is “a physician from the website. The apology clearly admits that these racist hospital”, who has been quoted anonymously. The terms were to be found in the article. The editor-in- article does not contain an official statement from a chief apologises for this and assures people that the representative of the hospital. Kobuk makes inquiries newspaper opposes racism in every form. He further of the hospital who responds that “the statements announces that an internal review would be carried made in the Krone article cannot be supported and out to find out how such a mistake could have happe- this statement was not made by any of our staff.” The ned and that consequences would be drawn from this Austrian Press Council (➞ Glossary) passes judgment incident. However, this apology is not published in the on the article in May. In its decision, it establishes that next printed edition, which has a far higher readership the article breaches articles 2.1 (conscientiousness than the online version of the newspaper. There is me- and correctness when researching and reproducing rely an article to be found in which the apology was news and comments) and 5.5 (discrimination on ra- quickly mentioned. Instead of this, there was a lot of cist, religious, national, sexual or other grounds) of the information about the “integration endeavours” of the Austrian press’s code of ethics. newspaper and the praise they had received for this. Information about the previously announced conse- In February the platform “Stoppt die Rechten” quences for the journalists in question is given a little 40 (Stop the far-right- Trans.) (➞ Glossary) draws later. One of the authors receives an official warning, attention to a campaign which has been running since whilst the second is removed as head of department 2009 in which mails, flyers and electronic documents and is suspended for a number of weeks. A large num- are being spread, all with the title “Österreicher in Not ber of journalists, also staff of the newspaper in ques- – Asylanten belohnt” (“Austrians in need- Asylum see- tion, are outraged by the, in their opinion, scant con- kers rewarded”). The document compares the income sequences. ZARA documents the incident and sends of an asylum seeker family with six children and that the public prosecutor a statement of the facts formed of a skilled worker’s household. The comparison uses to initiate a legal assessment of whether any criminal completely false figures and displays a total ignorance offense has been carried out (especially relating to the of the law. For example, it claims that asylum seekers crime of incitement to hatred (➞ Glossary)). The press are entitled to family state support. The calculation, council announces somewhat later that proceedings which the FPÖ party leader H.C Strache also posts on
27 Racist incidents · Politics and the media
his Facebook page, originally comes from the right- Innsbruck public prosecutor, along with a request for wing extremist group “Arbeitsgemeinschaft für demo- a verification of circumstances relating to incitement kratische Politik“(Working group for democratic poli- to hatred (➞ Glossary). Other organisations, such as tics). The platform “Stoppt die Rechten” endeavours to “Muslim Austrian Initiative” and private persons also present a correction of the figures. These show that an file complaints regarding these incidents. The Moroc- asylum seeker family is, in comparison, financially ac- can state quotes the Austrian ambassador in the for- tually much worse off. A short time later, Strache posts eign ministry to express the “kingdom’s indignation at a “corrected” comparison of the two incomes which this xenophobic act.” FPÖ candidate Penz, who is a ho- still contains false assumptions and information. tel owner in his private profession, removes the poster Strache’s remark that an Austrian is worse off than an due to the protests and complaints filed and also apo- asylum seeker, despite years of hard work, remains on logises for its content, claiming that he did not want his Facebook page, regardless of another correction of to insult anyone. The FPÖ general secretary Herbert the figures by “Stoppt die Rechten”. ZARA documents Kickl defends his Tyrolean party colleague’s slogan by the incident using reports from “Stoppt die Rechten” pointing to the “fact” that “the criminal milieu in Inns- and the media. bruck is shaped by immigrants from Morocco”. The Tyrolean FPÖ leader and member of the state parlia- ZARA receives many reports at the end of ment, Gerald Hauser, also does not distance himself 41 March concerning an FPÖ election poster in from the poster campaign and invites Morocco to Innsbruck. It is put up as part of the local council elec- take their criminals back. Penz appears at the Regional tions and shows a picture of the candidate, August Court of Innsbruck. There, he is charged with incite- Penz, along with the slogan “My Plan for Innsbruck: ment to hatred, but is offered a diversional settlement Homeland love instead of Moroccan thieves.” Further (➞ Glossary) with the condition on him to pay a fine research reveals an article in the local Tyrolean FPÖ amounting to €8000. This offer is, however, retracted party newspaper known as “Future Innsbruck”. The by a ruling of the Higher Regional Court because the article concerns people of Moroccan origin who, un- offer of diversion can only be made if the accused’s der the title “Forced labour instead of drug dealing” guilt is of a slight nature. They do not see this to be are generally portrayed as criminals. ZARA sends a the case when assessing Penz’s behaviour. Penz then statement of the facts regarding both incidents to the makes it known in interviews that he would declare
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Lehrlingsbrosch_INS_RZ.indd 1 28.06.13 11:47 Racist incidents · Politics and the media
himself “not guilty” and that he refuses any responsi- Krems an der Donau. The event is reported on by a Lo- bility for the slogan. He claims that the responsibility wer Austrian newspaper (Niederösterreichische Nach- lies with the Federal FPÖ party and its Chairman H.C richten). The incident takes place in front of a bar in Strache. Penz is sentenced on charges of incitement where the FPÖ candidate cannot be served any more to hatred at the end of February to a partially conditio- alcohol, as it is already closing time. The bar is being nal fine of 14,400€ by the Regional Court of Innsbruck. closed by a waitress with dark skin. Mr H. then insults As both the public prosecutor and the defence team the waitress as a “N... bitch” and spits on her. A group appeal against the judgement, the result is not legally called “Alexander H... - a disgrace to Krems!” is founded binding. on Facebook after the incident as a protest against the FPÖ politician and his racist attack. ZARA documents ZARA is informed about a caricature posted the incident and the protests. 42 on H.C Strache’s Facebook page in the midd- le of August. The original image shows three men- a A Viennese district politician for the FPÖ man of normal weight who represents the govern- 44 party and member of the police special unit ment, a corpulent man who represents the banks and WEGA makes a press release in December under the a third man who represents the starved people. While title “Subway sex monster goes into hiding in Turkish the government serves copious amounts of food to community in Brigittenau! Uneducated, criminal and the banks, the people sitting at the same table have hateful towards women- the desirable goals of the to go hungry. A modified version of the caricature multi-cultural society?” The press release refers to the shows the corpulent banker with a hooked nose and search for a suspect, of Turkish origin, who is wanted Stars of David on his cuff links. These are intended to for repeated rapes attacks. The text contains several incite anti-Semitic hatred against “Jewish capital”. The racist passages and also makes several statements internet platform www.stopptdierechten.at (➞ Glos- which incite hatred against an entire ethnic group sary) locates the anti-Semitic version of the cartoon on the basis of their identity. This includes “This spe- as originating from the extreme right-wing webpage cific case clearly shows that the part of the district’s volksbetrug.net. The anti-Semitic version is also the population who are of Turkish descent and mostly one which H.C Strache initially publishes on his page. come from the same area of Anatolia, form a closed Following criticism from other Facebook users, Stra- community. They not only stick together when it co- che posts the original, non-discriminatory version of mes to cheating the welfare system, but also in the the cartoon. He feels, however, that a smear campaign case of serious crimes. These “ladies and gentlemen” is being run against his person and claims in one of his are neither ready to work with the police authorities, postings “... if I link a cartoon from another user to this nor do they have the slightest interest in fitting in with page, then I am accused of anti-Semitism. That is more the majority of the population. The excesses of the than perfidious.” Strache also defends himself by say- multi-cultural society propagated by the socialists for ing that he could not find any anti-Semitic codes in the many decades have now reached a tragic low point modified version. The publication of the anti-Semitic with this latest string of violence ...” When the press cartoon, and the subsequent denial of its inflammato- release is criticised as racist and inflammatory, the po- ry content, was strongly criticised at a national level, litician rejects the criticism as an attempt to tar him by, amongst others, the Jewish Community of Vienna with the “racism brush”. He argues that his statement and the Green Party national council member Karl Öl- is a “presentation of the facts”. Other FPÖ politicians, linger. The caricature is condemned internationally by including the national council president Martin Graf, the chairmen of the Anti-Defamation League in New defend the statements and endorse it. The speaker York, Abraham H. Foxman and the President of the for the Vienna FPÖ party states that he does see any World Jewish Congress (WJC), Ronald S. Lauder. They reason to make an apology. A number of people file also ask the Austrian government to clearly distance complaints against the politician on the grounds of themselves from anti-Semitism. The Federal president incitement to hatred (➞ Glossary). As he is a mem- Heinz Fischer speaks out at the beginning of Sep- ber of the Viennese Police, the spokesperson for the tember and speaks of “a low point in political culture force makes it known that the Department for Special which deserves general and decisive contempt.” At Investigations is reviewing whether official and disci- the beginning of January the public prosecutor ma- plinary measures need to be taken. Further informati- kes it known that the publication of an anti-Semitic on about the investigation is, at the time of going to cartoon does not provide sufficient elements for an press, not available. offense of incitement to hatred (➞ Glossary). ZARA documents the events using media reports. FPÖ party leader H.C Strache publishes a 45 screenshot of an article from an Austrian In October ww.stopptdierechten.at (➞ Glos- daily newspaper on his Facebook page at the begin- 43 sary) reports on a spitting incident involving ning of December. It is stated in the article that, on the the FPÖ politician Alexander H., which takes place previous day, a kindergarten in Vienna Döbling did on the evening before the local council elections in not allow access to the traditional St. Nicholas figure.
29 Racist incidents · Politics and the media
Parents were enraged, “Our culture is trampled un- the City of Vienna make it know that only strangers derfoot by 10 Muslim children.” H.C. Strache gives the who the children do not know, who come dressed as following comment to his posting, “Scandal in Red- St Nicholas, are not permitted in the kindergartens. Green Vienna. (City is currently governed by a Social- The Green National Council Member Karl Öllinger Democrat and Green Party coalition- Trans.) Nicholas also criticises the false report which is made every is not allowed to enter Viennese kindergartens.” The year by the FPÖ. It would be extremely easy to check FPÖ claims almost every year that St. Nicholas Day ce- the truth of the newspaper article by contacting the lebrations are not allowed in Viennese kindergartens. Döbling kindergarten. Öllinger also points out that The city of Vienna has repeatedly responded with a the supposed “Nicholas ban” propagated by the FPÖ counter argument showing the opposite to be true, even found its way into the racist manifesto of hatred but despite this Vienna FPÖ publish a press release made by the Norwegian mass murder Anders Breivik. in 2012 which states, among other things, “Our little The 2400 user comments which follow H.C Strache’s ones are denied their per-Christmas joy so that the posting on Facebook show that this message also falls SPÖ and the Greens can tender even more to the Mus- on willing ears in Austria. This is also proved by indivi- lim voters”, criticises Nepp (Young FPÖ Spokesperson) dual breaches of the Prohibition Act 1947 and the law and demands an immediate end to the discrimination regarding incitement to hatred (Incitement ➞ Glossa- of native children in Vienna kindergartens. The Vien- ry. See also case 45). A correction of the press release na SPÖ points out in their own press release that all by the FPÖ, or the removal of the false report from H.C Vienna kindergartens, including the one in Döbling, Strache’s Facebook page has, at the time of going to have had St. Nicholas Day celebrations. Even the Vien- press, not taken place (it is also not expected to take na City Hall had a celebration, to which 1000 kinder- place in future). garten children were invited. Earlier statements from
Sozialistische Jugend Wien www.sj-wien.at
30 Racist incidents · Racist graffiti
Racist graffiti
ZARA has been documenting racist graffiti in the Statistics public sphere for many than twelve years and has al- ways tried to ensure that it is removed. Work in this A total of 44 racist graffitis were reported to ZARA in area shows that making the public aware of this topic, 2012. 35 grafittis were documented in Vienna. Eight of through media help and intensive campaigns, has led them were found in public transport. to an increase in the number of reports of graffiti. The action quickly loses its effectiveness though, once the campaign is forgotten and the problem is no longer a topic in public. Various measures are being taken to combat this. The graffiti station, operated by the master builder Alexander Baumann, removes racist ISL 2% graffiti and symbols free of charge. Also, ZARA colla- TÜR 12% borated with the organisation “SOS-Mitmensch” on RAS 14% AFR 21% the project “Wipe racism away” in 2006. This has led to an increased awareness of racist, anti-Semitic and neo-Nazi graffiti. The number of reports related to this was 793 in 2006. This sank in the following years (2007: 251 reports, 2012: 44). The declining figures are, unfortunately though, not a sign that there is less ra- cist graffiti. This was proved by a monitoring project HAS 51% carried out by ZARA in 2009. Certain areas of Vienna were placed under observation, particularly those which had come to ZARA’s attention through graffiti reports. ZARA staff member, working for free, walked around the area and systematically documented any graffiti they found. Within a few days, this action had recorded 30 racist graffitis. Note: Racist symbols and AFR ”Anti-African“ slogans on house walls, bus stops and in the public HAS ”swastikas and anti-Semitic“ transport are a real threat for people and endanger RAS ”racist“ peaceful and safe coexistence. They are not to be TÜR ”Anti-Turkish“ placed on the same level as the varied and different ISL ”Anti-Muslim“ forms of expression used by graffiti sprayers. Critical and engaged people are required. If you find racist graffiti, then it should be reported to ZARA and/or, if it is on your house wall, then make use of the “graf- fiti station’s services. The help centre will continue to ensure that racist graffiti is removed and continues to rely on the help of the City of Vienna’s Citizen’s Service, and the Vienna Public Transport. We would also like to thank www.stopptdierechten.at for regularly docu- menting reports of graffiti from daily and newspapers. http://www.zara.or.at/ Advice– Report racism http://www.rassismusstreichen.at
31 Racist incidents · Other authorities, public institutions and services and service provider
Other authorities, public institutions and services and service provider
The Austrian social and constitutional state is organised on the foundations of an extremely comprehensive admi- nistration. This network of institutions and organisations must guarantee to be fair and impartial. If discrimination is given even a small amount of room, then trust in the rule of law disappears, not only from the victim’s side, but also among other people who have registered the incidents and do not want to experience such discrimination themselves. Racist or discriminatory statements and deeds are particularly serious in this area. It does not matter whether it concerns a teacher at school or an official in a municipal office; these civil servants are expected, in a certain manner, to behave as role models. If they make a blunder, then this can quickly lead to racism becoming socially acceptable. ZARA has received reports in which teaching staff have made statements in front of the class such as “Turks make me sick!” and “The N...., it was him.” Pupils do not always go to persons of trust or advice centres with the racist incidents, which means many occurrences which should be dealt are not reflected upon. Pupils are often scared to take action against a teacher who is responsible for their educational success. This, combined with the fact a large amount of intimidation often takes place, prevents such incidents from being reported to and dealt with by ZARA, the Ombuds Office for Equal Treatment, the Ombuds Office for Young People or the State School Board. It should also be noted that the actual number of racist incidents is much greater than those actually re- ceived. This applies to all areas, but especially to this one. It is often difficult for those affected to prove that an act is racially motivated if recognisably racist words are not used. When ZARA help centre clients are denied certain services, or if they have been treated in an unfriendly manner by a civil servant, then they often have the feeling that this has something to do with their ethnicity.
Mr A. lives with his wife and small daughter A. has the impression that he had not been treated 46 in Vienna. His parents come from Turkey. As correctly. Mr A. is disappointed that they did not sim- Mr and Mrs A. are expecting a second child, they make ply apologise for the discriminatory comments, but a request for a larger flat to the Vienna Housing pro- abstains from taking any further steps. vider (➞ Glossary). As a result, they are invited to an appointment with the Vienna housing commission. Ms J. comes to ZARA in autumn for advice. There, Mr A. explains the reasons why he feels a larger 47 Ms J.’s sister lives in Vorarlberg and attends flat would be necessary. Among other things, he exp- a business school there. A teacher at the school re- lains that the shower in their current flat (which is 39 peatedly makes insulting and derogatory racist m2) is in the very small kitchen and that he feels that statements during the lesson (including, “Turks make his children’s safety will be endangered if he has to ba- me sick!”). The religion of female students wearing the them in the kitchen. This is exasperated by the fact headscarves is also regularly referred to in a dispara- that he will soon have two children. The consultant ging way. Ms J.’s sister is extremely shocked by these answer that she should “bathe the child with a bucket; remarks. Ms J. asks ZARA how one can take action this surely isn’t anything new for you”. The consultant against such racist behaviour in the classroom. ZARA also notes that Mr A. shouldn’t be surprised if he lea- discusses the options provided by the Austrian right ves the house to go shopping and comes back to find to equal treatment, which makes discrimination and the child has fallen from the window as “this is normal harassment (➞ Glossary) on the basis of ethnic back- with you.” Mr A. is shocked to be confronted by this ground and religion forbidden in the area of educa- sort of racist statements in an objective discussion tion. ZARA contacts the local office of the Ombud for with a civil servant. He comes to ZARA with the com- children and young people for further support. They plaint and, with ZARA’s support, makes a complaint to offer advice to the students affected. the City of Vienna’s Anti-Discrimination Agency. The Anti-Discrimination Agency takes the case to the re- Ms A. works at a youth advise centre and co- levant municipal department to clarify whether any 48 mes to ZARA in December to report the fol- discrimination has taken place. The responsible head lowing case. As part of her work with school pupils, of department makes a statement regarding the in- she comes to hear about the following shocking inci- cident, saying that neither had “allusions been made dent at a school in Vienna. Upon entering a classroom, to Mr A.’s cultural background” nor had the consultant a teacher loudly shouted, “It stinks of Turks in here!” made racist or xenophobic comments. The consultant Ms A. is disgusted by this racist insult (➞ Glossary) and had made solely objective remarks. He regrets that Mr would like to get more information about what action
32 Racist incidents · Other authorities, public institutions and services and service provider
can be taken against such behaviour in schools. ZARA during the lessons (“Fucking Kanaken”, “The n...”), but explains to Ms A. that the Austrian right to equal treat- that this is denied by the management of the school ment also applies to the educational sector and that and is never made a subject of discussion. Ms G. is ex- racist discrimination and harassment (➞ Glossary) is tremely shocked by the fact that the school does not also forbidden there. Furthermore, the school pupils take such derogatory comments seriously and that no affected are also offered advice and support. Ms A. effort is made to prevent such incidents from taking thanks ZARA for their support and says that she will place in future. ZARA tells Ms G. about the Austrian discuss the matter with her team and possibly come equal treatment law (➞ Glossary) and the legal stan- back to the offer in future. dard concerning the prohibition of discrimination and harassment (➞ Glossary) contained within it. This law In November, ZARA receives the following also applies to the educational sector. ZARA also in- 49 report concerning a vocational training col- forms Ms G. of the newly set up Anti-Discrimination lege in Styria. Ms W. reports that more than one mem- Agency in Styria, which, as a local help centre, could ber of staff at the school often make racist comments also support her.
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33
Elearning_INS_RZ.indd 1 28.06.13 11:48 Racist incidents · Employment and business
Employment and business
The biggest prejudices concerning migrants and the world of work are still ever-present. The first prejudice runs, “foreigners are lazy” and that they “exploit our social welfare system. The second one is “They take our jobs.” The fact that an employer is unlikely to keep a lazy employee means the supposed “problems” do not factually exist. Apart from this, wearing a headscarf remains a central problem and provides a prime example of discrimination within the job market. The first question asked in a job interview reported to ZARA was, “Can you take off your headscarf whilst at work?” The applicant gave a negative response. She was not hired as a consequence. This case had a po- sitive outcome for ZARA’s client, as she received an out of court settlement and was paid compensation. The equal treatment law (established in 2004) protects people from discrimination in the job market. But some employers still do not understand that disregarding it is as much a violation of the law as driving over a crossroad on a red light. Obviously, society is only partly aware of this issue. This is clear from the many reports sent to the ZARA help centre regarding this problem.
The Vienna Chamber of Labour informs ZARA about people with disabilities are also made during 50 about the following case at the end of 2012. class. This class is attended by students with a mig- Ms A. is an Austrian citizen, her family comes from Tur- rant background, as well as the mother of a child with key. She begins to work as a dental assistant in Vienna disabilities. Many of the students affected regard the in 2009. Her job ends at the beginning of 2010. During continual derogatory and humiliating remarks as ext- her employment there, Ms A. is repeatedly the victim remely unpleasant and uncalled for. As a result, some of discriminatory harassment (➞ Glossary) by her of the students make a complaint to the State School employer. For example, the employer demands that Board in order to defend themselves against the she use a different first name, chosen by him. Ms A. teacher’s discriminatory behaviour. Staff at the State expresses her refusal of this in the strongest possible School Board then begin to carry out investigations. terms. Her employer ignores this. He calls her “Daisy” However, the teacher in question, as well as other during working hours as he claims that her correct members of the teaching staff, tries to intimidate the name sounds “too foreign” and also sounds like an in- students into withdrawing their complaint. One week sult. Ms A. wishes to observe the fasting rules during after the complaint is handed in to the State School Ramadan, according to her religion. Although her em- Board, a conference is organised (on very short noti- ployer is aware of this, he still orders Ms A., against her ce) to discuss expelling the students in question. This will, to sit at the table with everyone else during the conference is just as quickly cancelled. ZARA informs lunch break. Furthermore, the employer often clear- the school about the ongoing support being given to ly expresses his dislike of this religious prescript. Ms the students, as well as the legal situation, especially A. finds this discrimination to be deeply derogatory the fact that the right to equal treatment also applies and humiliating. Ms A. goes to the Ombuds Office to the educational sector. The law states that discrimi- for Equal Treatment (➞ Glossary) and brings a case to natory harassment (➞ Glossary) on the basis of gen- the equal treatment commission (➞ Glossary). Once der, ethnicity or a disability is also forbidden in the the investigation is completed, the equal treatment classroom. Further, discrimination during the comp- commission tribunal comes to a conclusion at the end laint procedure is expressly forbidden by the law. This of 2011. Their findings establish several instances of protects the aggrieved party as well as anyone sup- harassment on the basis of ethnic background, gen- porting them in their claim (for example, witnesses). der and religion. As a result, the Vienna Chamber of While the complaint is being dealt with by the State Labour lodge a claim demanding the payment of the School Board, many of the other students are afraid outstanding wages owed to Ms A., as well as compen- that there will be negative consequences for them if sation for the discrimination she experienced. An out they act as witnesses to confirm the complaint. This is of court settlement is reached in 2012 in which Ms A. based on the way in which the affected students have receives damage payments as compensation for the so far been treated. ZARA informs the Ombuds Office personal suffering caused to her. for Equal Treatment (➞ Glossary) about the case. This leads to lawyers from the office advising on the case in A group of students at a school for adults in hand and also contacting the school and State School 51 Lower Austria come to ZARA in October to Board to enquire about the developments relating to request advice concerning a number of discrimina- the complaint procedure. In the end, a school confe- tory incidents in the classroom. They report that one rence is organised on the behest of the State School of the teachers regularly directs racist and sexist com- Board, where actions are discussed to improve the si- ments towards his students. Derogatory statements tuation in the class room.
34 Racist incidents · Employment and business
ZARA is notified per post about a job adver- responsible tribunal findings establish that there is a 52 tisement from a daily newspaper in August. case of discrimination on the grounds of religion and A Tyrolean petrol station operator is looking for a till with respect to the establishment of an employment attendant. This person should be a “native Austrian”. relationship. The tribunal therefore recommends that ZARA documents the discriminatory advertisement a reasonable amount of compensation must be paid and reports it to the Ombuds Office for Equal Treat- to Ms R. The company does not fulfil this obligation ment (➞ Glossary). and so Ms R., with the help of the Labour Chamber, in- itiates proceedings at the Austrian labour and welfare Mr and Mrs E. are married and have lived in court. She eventually receives compensation totalling 53 Vienna for a long time. Mr E. is of Tunisian ori- two month’s basic salary as a result of the discrimina- gin. One evening, Mr E. has finished his work for the tion suffered. day at the petrol station where he works and is talking to a colleague in front of the entrance. Suddenly, a cus- Ms F. teaches German as a foreign language tomer (who they have both never met before) comes 55 and calls a flower business’s head office in to then and abruptly shots that he “doesn’t like foreig- June, in order to ask about possible job opportuni- ners” and that “they had conned him.” He continues to ties for one of her students. She is connected to the swear about “the foreigners” and asks both men in an person responsible for job applications, who is very aggressive manner where they are from. Mr E. is extre- unwilling to provide any information. Ms F. states that mely shocked by these insults, which are completely the student on behalf of whom she is calling is Turkish. unfounded, and first prefers not to answer. The man The woman responds to this by saying, “I’ll tell you one persists though and eventually forces both of them to thing: headscarves, we don’t have those!” She also no- say “where” they are from. Mr E. then answers that he tes that the requirements include perfect knowledge is from Tunisia, whilst his colleague explains that he is of German, as well as a high-school leaving certifica- from Poland. The man then says to Mr E.’s colleague in te or apprenticeship. Ms F. comes to ZARA with these a scornful tone that “that’ll just about do”. Mr E., who statements and obtains information about courses has lived and worked in Austria for a long time, is sho- of action she can take. Upon the agreement of Ms F., cked and disappointed that some people still see him ZARA send an anonymous letter of complaint to the is a “non-Austrian” and also insult him because of this. florist’s. In his response, the managing director ve- He and his wife come to ZARA to report the incident hemently denies the reported version of events and and to get advice. Mrs E. is informed that racist harass- claims that people of any religion and nationality are ment (➞ Glossary) in the workplace is forbidden ac- welcome to work in his shops. He rules out any state- cording to the equal treatment law (➞ Glossary) and ments about someone’s religious affiliation having that customers of a business can also become liable for been made, and also refers to his company’s guideline damages to the employees there. The incident is do- that “such issues” should principally be avoided. ZARA cumented and Mrs E. thanks ZARA for the information. believes Ms F.’s description of events, which leads to sending a second letter to the managing director, The Vienna Chamber of Labour forwards the asking him that he makes his staff more aware of his 54 following incident to ZARA to be documen- anti-discriminatory standards when hiring new em- ted. Ms R. applies for a part-time job at a Vienna ba- ployees. kery company at the end of 2010. She goes for a job interview at one of their branches, which goes very Ms A. comes to ZARA in March. She is a pe- well. Ms R. is informed that she just has to hand in a 56 dagogue at a state education establishment couple of documents and that she can start work next for child pedagogy. One of the graduates from the es- week. The branch manager asks Ms R. at the end of the tablishment applied for a job at a kindergarten and interview if she can take off her headscarf while she was refused because of her headscarf. ZARA informs is at work. Ms R. explains that this is not possible, as Ms A. about the equal treatment law (➞ Glossary) and she wears her headscarf out of religious convictions. offers to advise her former student about the recent The branch manager says that they can discuss it later. discrimination. Ms A. thanks ZARA for their support, Shortly after finishing the interview and leaving the but does not come get back to the counselling centre premises, Ms R. receives a call from the branch mana- again. ger, informing her that, after consulting with the re- gional manager, she is unfortunately unable to take Ms A. is of Iraqi origin, possesses Austrian citi- Ms R. on, due to her headscarf. All staff in the bakery 57 zenship and has worked since October 2011 has to wear the same uniform and this includes a cap. in a Viennese business selling second hand clothes. Ms R. then explains that she can bind her scarf in a She works with other people in the shop, including different way, which would allow her to wear the cap. Ms S. To begin with, Ms S. tells their boss that Ms A. is Despite this, her application is still refused. As a result, guilty of a supposed theft, which Ms A. is not respon- Ms R. initiates proceedings before the equal treat- sible for. This accusation is not taken seriously, which ment commission (➞ Glossary). The commission’s leads Ms S. to begin a bullying campaign against
35 Racist incidents · Employment and business
Ms A. (Mobbing ➞ Glossary). She stops greeting Ms ned against Mr R. for alleged damage to property. The A. and deliberately looks away when Ms A. enters the public prosecutor offer Mr R. a diversional settlement room. She criticises her for her work without any gi- (➞ Glossary), dependent on him paying for the repair ven reason. An incident takes place in the middle of of the door. Mr R. refuses the offer, as he has not com- January, where Ms S. again criticises Ms A. for her work mitted any criminal offence and so sees no reason to and says, and “If you can’t carry on working here, then pay any costs. It is not known at the time of going to get back to where you come from!” Ms A. is shocked press if the proceedings are discontinued or on-going. by this racist statement and answers, “I can report you Mr R. is shocked and appalled by the fact that, in the for that!” Ms A. goes to her boss in tears. He calms Ms course of an objective discussion concerning a work- A. and sends her home with the words, “You’re tired!” related claim, such injurious and humiliating referen- The incident is not dealt with in any other way. Ms A. is ces should be made to his origin. He comes to ZARA working on the till at the end of February. Ms S. butts for advice and is informed that discrimination on the in again and humiliates Ms A. in front of the customers. basis of ethnic background is forbidden in the em- She insults Ms A. as an “arsehole” and presses on her ployment sector and that the harassment he suffered arm, which causes her considerable pain. The agitati- falls within this category. Mr R. submits, with the sup- on, along with her diabetes illness, makes Ms A. very port of ZARA, an application to establish the existence dizzy and, with the permission of her boss, she goes of discrimination to the equal treatment commission to the doctor. Her doctor refers her for psychological (➞ Glossary). The result of the case is, at the time of treatment based on the stress situation caused by the going to press, not known. bullying she suffered at work. Ms A. also asks that the works council intervene. Ms A. comes to ZARA and is The online newspaper derstandard.at inter- informed about the legal options provided to her by 59 views a taxi driver in February. She wears the equal treatment law (➞ Glossary). ZARA forwards a headscarf whilst at work. She is asked if she has the case to the Ombuds Office for Equal Treatment (➞ had problems with customers because of this. She Glossary), who send a letter of intervention to Ms A.’s answers that a couple recently refused to get into her employer. The intervention leads to Ms A. being mo- cab, because they did not want to be driven by a taxi- ved to another branch. Once her temporary employ- driver with a headscarf. She has, however, got used to ment is over, Ms A. decides to takes action against the such comments and does not take it personally. An discriminatory harassment (➞ Glossary) she suffered attentive reader of the Standard online asks ZARA to from her former colleague. She takes the case to the document this case of everyday discrimination. equal treatment commission (➞ Glossary), with the support of the Ombuds Office for Equal Treatment. Mr V. comes from Lebanon and has lived and The result of the investigation proceedings are, at the 60 worked in Vienna for many years. He comes time of going to press, not yet known. to ZARA in January and describes the following case, which has been affecting him since the autumn of Mr R. is a Palestinian and has lived and last year. Because his qualifications as a carpenter are 58 worked in Vienna for many years. At the be- only partly recognised in Austria, Mr V. wants to un- ginning of spring in 2012, he is working as a chef in a dergo further training in this area. He starts just such pizzeria. He is offered a better paid position in another a course at a Vienna further education institute in bar and so he hands in his notice for his current job autumn 2012. Firstly, racist comments are repeatedly at the pizzeria. He subsequently has difficulties in get- made against Mr V. in front of the other participants ting his working and remuneration papers, which the during the course by one of the teachers and then, by pizzeria’s management refuses to give him. Mr R. goes the course instructor. Mr V. complains about this ha- to the Vienna Chamber of Labour and gets advice rassment (➞ Glossary) several times and asks the two about what his legal options are in this case. Mr R. still instructors to refrain from this in future and to apolo- wishes to settle the matter amicably, so he goes to the gise. He is then accused of disturbing and hindering pizzeria at the end of May in order to ask both of the the lesson. Threats are made that he will have to leave managers to give him the papers he requires. In the the course. He is also asked if he hasn’t noticed that course of the discussion, Mr R. is insulted, threatened he “isn’t welcome” here. As a result, Mr V. is informed and forced towards the exit by one of the managers. by the member of staff responsible for organising He is told, “Fucking Palestinians!” “Fuck off, out! Israel the course that both instructors have made comp- should kill all the Palestinians along with their child- laints against him. Mr V. tries to describe the course of ren!” The manager then pushes Mr R. to the exit, which events in the course and to present his interpretation causes him to fall against a glass wall, damaging it. Mr of them, but he is not taken seriously. In January he R. is thankfully not injured, but still calls the police, as is informed per telephone, without any detailed re- he refuses to put up with the situation anymore. When asons, that he does not need to come anymore, and the officers arrive, the manager claims that Mr R. ki- that his participation in the course has been cancelled. cked against the door himself. Mr R. is appalled by the Mr V. is shocked by this course of action and goes to manager’s behaviour. A criminal investigation is ope- the institute’s complaints department in order to in-
36 Racist incidents · Employment and business
form them about the racist harassment and the discri- course can be discussed. Mr V. is informed that his minatory treatment he received. The member of staff participation in the course was discontinued because merely informs him that the organiser is responsible the teachers claimed that he did not keep to certain for cancelling people’s participation in the course and safety guidelines. Further, complaints were made by that this is his decision to make. ZARA advises Mr V. other course participants, saying that Mr V.’s comp- and informs him that, according to the Austrian equal laint had “held up the lesson”. Mr V. gets the chance treatment law (➞ Glossary), neither insults in the form to describe the discriminatory behaviour of the two of harassment, nor other forms of discrimination on teachers and to address the accusations made. The the basis of ethnicity are allowed in the educational institute offers Mr V. the chance to prepare for the and employment sector. He is also informed about required professional examination with the support what legal action he can take. ZARA also informs the of one-to-one coaching. As Mr V. primarily wishes to Vienna Ombuds Office for Equal Treatment (➞ Glossa- complete his professional education, he accepts the ry) about the case. ZARA and the Ombuds office con- offer. Mr V. informs ZARA and the Ombuds Office for tact the further education institute and ask that the Equal Treatment about his examination in autumn. He complaints about Mr V. be examined. The institute’s took his exam in summer and received an excellent management accepts the Ombuds office’s offer of grade. He wishes to once again say thank you for the holding a joint meeting, in which the events in the support provided.
37 Racist incidents · Employment and business
position” for Ms L., where she can work as a cleaner. What happened to...? But, as it is clear from the discussion that the company would not, in the interests of their customers, end its discriminatory practice. Ms L. therefore refuses the of- fer. The company pays Ms L. €2,000 compensation for Incident 58 from the racism report 2011 the discrimination she suffered.
Ms L. is an Austrian citizen and was born in Turkey. Incident 62 from the racism report 2011 She is a Muslim and wears a headscarf. She applies for a job at a cleaning company in Vienna in January Mr D. was born in Egypt and has been living in Vienna 2011. She is refused, with reference to the fact that she for many years. He has a shop in Vienna. He has been wears a headscarf. The member of staff at reception having problems with the owner of the shop next even gives her this explanation in written form and door for many years. The owner repeatedly directs tells that “she should integrate herself”. Ms L. submits, racist insults at him. The neighbour one day shouts with the support of ZARA, a complaint to the equal obscene racist insults at Mr D. and insults him in the treatment commission (➞ Glossary). presence of a customer. As a result, Mr D. and his cus- tomer come to ZARA for advice. ZARA compiles, to- What happened in 2012: gether with Mr D., a request to initiate expiation pro- ceedings (➞ Glossary) according to the Vienna law for The manager of the cleaning company is questioned the protection of personal honour. as part of the proceedings initiated by the equal treat- ment commission. He admits that it is normal in his What happened in 2012: company to cater to the customer’s needs, usually The expiation proceedings take place in January at companies, also when this relates to cleaning per- the relevant district administration. During the pro- sonnel with headscarves, or with dark skin. This state- ceedings, Mr D.’s neighbour is told, in very clear terms, ment left no doubt for the equal treatment commis- that his behaviour towards Mr S. is insulting and sion in Ms L.’s version of events. They determine that therefore illegal. He is therefore instructed to desist a breach of the equal treatment law (➞ Glossary) has from such verbal attacks in future. Mr D. subsequent- taken place. Ms L. was discriminated against by the ly informs ZARA that his neighbour has changed his company because of her religion. Settlement discus- behaviour and that there are no more difficulties with sions take place between ZARA and the company as him. a result. The management offer to look for a “suitable
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38 Racist incidents · Goods and services · Housing and the neighbourhood
Goods and services
Housing and the neighbourhood
Peaceful coexistence in a sometimes very small area can often lead to tension and arguments. But this is much 1 Siehe: http://derstandard.at worse when boundaries are drawn up at the outset without any attempt to get to know your counterpart. This Europa-Vergleich-Antipa- thie-gegen-Migranten-nahm- means that, right from the beginning, it is difficult and sometimes impossible to live together peacefully. Accor- in-Oesterreich-stark-zu ding to the “European Values Study”, in no other land than Austria is the wish so great, NOT to have a migrant as a neighbour. The worst case reported to ZARA this year involved a family from Chechnya, whose members live as recognised refugees in Vienna. A neighbour of the family insults them for months, until the situation finally esca- lates. The neighbour begins to beat the son and only stops when the boy’s friend appears. He then gets a samurai sword from his flat and threatens mother and son, as well as the son’s friend. Police officers are called in and arrest the aggressive neighbour. ZARA and the Vienna Intervention Office (➞ Glossary) support the family. The incidents which were brought to the ZARA counselling centre in 2012 are sometimes hair-raising and the case mentioned is, unfortunately, only one of many, even if it is unique in the level of violence displayed.
Mrs M. lives with her family in a flat in a Vien- advertisement for a flat made by a Viennese estate 61 na municipal residential building. Two fami- agent, as she is interested in the flat. Immediately at lies in the building regularly insult the other residents the beginning of the conversation, the estate agent with the words “Tschuschen, Kanaken (racist insults asks her where she is from. Ms G. answers that she is an for people of southern European and Turkish origin- Austrian citizen. The estate agent is not satisfied with Translator’s note; Tschusch in English: bohunk), scum“. this answer and asks Ms G. again, where she originally Mrs M.’s family also becomes victims of these racist comes from, until she finally provides her with the in- insults in June. Mrs M. informs the Vienna Housing formation. The estate agent then asks Ms G. what her provider (➞ Glossary) about the incidents, as none level of income is and about her financial situation. of the other aggrieved parties dared to report them Ms G. is very frustrated and also disappointed that her up to now. Mrs M. is disgusted by the neighbour’s ra- “original” origin is obviously a very important criteria cist insults and comes to ZARA. ZARA informs Mrs M. for the estate agent and that, despite being informed about her legal options. Subsequently Ms M. does not of her Austrian citizenship, she stubbornly continues contact ZARA anymore. to ask about her supposed ethnicity. She ends the conversation shortly afterwards. ZARA advises Ms G. Several advertisements for a flat are posted about her legal options when dealing with this type of 62 on different website in May with the descrip- discrimination and documents the incident. tion “Only for Austrians”. ZARA is made aware of these discriminatory advertisements by the clients of the Ms M. is a recognised refugee from Chechnya websites. The operators of the sites in question are in- 65 and lives with her three children in a Viennese formed by ZARA that they are discriminatory and that municipal residential building. The whole family has they have an obligation to delete the racist content. been racially abused and even threatened by a neigh- The advertisements are deleted a short time later, or, bour for a long time. One day in July this year, Ms M. at least, are freed from racist restrictions. and her son P. go down to the courtyard together to collect the washed and dried carpets. There they also An advertisement for a flat is placed in a po- see the neighbour, who is sitting with his friends. His 63 pular Austrian website for small ads in Au- wife has a dog on a long leash, which runs at P. Ms M. gust. The advertisement contains the phrase, “Only and her son ask the woman to pull the animal back, rented to native Austrians (Austrian citizenship)”. ZARA which she does, if only reluctantly. The man suddenly forwards the advertisement to the Ombuds Office for starts to shout at P. and even threatens to kill him if Equal Treatment (➞ Glossary) which files charges rela- he speaks to his wife like that again. P. tries to leave, ted to a breach of the Austrian equal treatment law (➞ but is grabbed by the neighbour from behind. He is Glossary) at the relevant district administrative autho- then thrown to the ground and beaten by him. Ms rity. ZARA informs the website operator about the ille- M. tries to pull the man away from her son, but she is gal content of the advertisement. The advertisement unable to, as one of the neighbour’s friends holds her is deleted as a result. back. Luckily another neighbour, a friend of P., comes to the scene and can pull the neighbour away from P. Ms G. is an Austrian citizen and grew up in The neighbour goes in his flat and comes back shortly 64 Austrian. Her parents are from Turkey. Ms G. with a samurai sword, with which he threatens P. and is looking for a flat in September and responds to an his friend. The police are sent for and when they arrive
39 Racist incidents · Goods and services · Housing and the neighbourhood
the neighbour gets arrested for one night. number of the landlady given in one of the advertise- The Vienna Intervention Office Against Violence ments but is informed that the flat has already been (➞ Glossary) assumes responsibility for the family in taken. Ms K., a colleague of Mr L, calls the same land- the subsequent court case against the neighbour. lady a short time later and receives the information They are able to obtain a one year injunction against that the flat is still available. Ms K. also asks whether the neighbour entering the stairwell leading to the it is possible to come and view the flat. The landlady family’s flat. Ms M. approaches ZARA for further sup- again answers positively. The landlady then asks who port and advice. The court case takes place in Septem- the flat is for. Ms K. explains that a friend of hers is in- ber. The neighbour is sentenced on charges of dange- terested. The landlady immediately asks if this person rous criminal threats and breach of the weapons law. is an Austrian. Ms K. answers yes. The landlady asks of He receives a suspended sentence, whilst his suspen- the person is a “native” Austrian. Ms K. finds this stran- ded previous sentences are not transformed into a ge and asks if this is important. She eventually exp- prison sentence. This Vienna criminal court’s sentence lains, after repeated questions, that her colleague is is not yet final and legally binding, as the public prose- from Nigeria. The landlady then explains that renting cutor has appealed against it. The appeal proceeding is not then possible. Ms K. is shocked and asks why is, at the time of going to press, still on-going. Ms M. not. The landlady explains that “that doesn’t fit in our decides, because her living situation is still under th- house, I’m sorry, that doesn’t fit in with us” and ends reat, to move with her children. With the support by the conversation. Ms K. reports this incident to ZARA the Intervention Office, the Vienna Housing Office and is informed of what legal steps can be taken in the (➞ Glossary) gives preference to her application to case of racist discrimination in access to services. Ms K. change the flat and makes a move possible. In order does not however, contact ZARA again. to reduce the costs accrued by the move, ZARA sup- ports the family M’s with their requests for assistance. Ms J. reports the following incident to ZARA Among others they are supported by the White Ring 68 In March: Her mother, Mrs W., lives with her (➞ Glossary), who provide further emergency assis- partner Mr K. in a house in an Upper Austrian village. tance to victims of crime. Mr K. is of Dutch origin. Mr K. is cleaning the driveway to the house one Saturday in the middle of March A discriminatory advertisement for a flat on when a neighbour insults him with the words, “stupid 66 an Austrian online platform is forwarded to foreigner, arsehole... only making noise and mess.” Mr ZARA in August, along with the relevant link. An ad- K. ignores the insults and gets on with his work. The vertisement is put out for a tenant for a flat in the area neighbour, however, reacts with further insults. As the of Linz. It is explicitly stated that “foreigners are not situation is threatening to escalate, Mrs W. calls the desired”. ZARA reports the advertisement to the Om- police. The officers conduct a conversation with the buds Office for Equal Treatment (➞ Glossary). neighbour and inform Mrs W. and her partner that they cannot take any action. Ms J. asks that the inci- Mr L., an Austrian of Nigerian origin, is loo- dent be documented. 67 king for a flat in Graz in February. He calls the
40 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
Goods and services
Businesses, restaurants and other commercial services
An Austrian service man is denied admission to a bar because of his “foreign” appearance, whilst his “native Aus- trian” comrades are allowed in. Refusal of admission can lead to those affected feeling like second class citizens. Maybe one has to have direct experience of this, but everyone with a little empathy can imagine what it feels like to be shut out. In 2012 there were once again far too many of these sorts of incidents, which indicate that many bars and clubs operate highly discriminatory admission policies. ZARA carried out a bar and club test in summer, along with many other European organisations in other cities. The result is proof that racist admission restrictions to clubs and discos are still widely spread. The deterrent presented by the law does not appear to be great enough, because even clubs which have had to pay fines for their admission practices in the past have not changed their policies and continue to discriminate against people.
Mrs Z. is of Albanian origin and is married to that the wine grower is aggressive and drunk. Mrs Z. 69 an Austrian. They run a language school to- then calls Mr S. a “Nazi”. Mr S. then suddenly begins gether in Vienna. Mr and Mrs Z., along with their seven to empty the glasses remaining on the table (which year old daughter and an Albanian friend, take a trip the family had already paid for). Whilst doing so, he re- to the Danube in Lower Austria in the middle of June. peatedly splashes Mrs Z. with their contents. He looks They wish to get something to eat and drink from a to Mr Z. and shouts, “You Tschusch, leave!” (“Tschusch” bar situated next to the Danube, and then go to the is a racist insult for people of southern European and beach next to it. The end of the street leading to the Turkish origin- Translator’s note; English: bohunk). Mr bar is closed, as a wine tavern has set up a barbeque S. tries to tip over the table, but is unable to do so, as and a music tent there. Mrs Z. buys something to eat Mr Z. and his friend hold it down. Mr S. attacks Mrs Z. and drink at the tavern, which she pays for immedia- again and pours lemonade over her head. Mr Z. tries tely at the till. In the meantime, Mr Z. goes swimming to take the bottle from Mr S., who then tries to hit Mr with his daughter. Sometime later, Mr Z. decides to Z. over the head with it. Mrs Z. implores Mr S. to stop, buy another bottle of wine and a soda, which he also as she is worried about her husband’s health. He is, at pays for straight away. A musical group begins to play this time, recovering from a basal skull fracture. Be- shortly afterwards. A hand cashier comes to the family cause of this injury, which has not yet fully healed, and Z. and asks them to pay 12€ per person for the music. the threat of attack from Mr S., Mr Z. draws back and Mr and Mrs Z. are not aware that they have to pay any tells his wife to also move away from Mr S. He, though, further amount. No-one had made them aware of this attacks Mrs Z. again and hits her in the face. Some the whole time they had been there. The hand cashier guests succeed in holding Mr S. back. Other guests points out a small addition to the poster advertising join in with Mr S.’s constant racist rants against the the event, on which the admission fee is noted. The family Z. and also insult them with the words “Tschu- family Z. and their friend only have 15€ left, which sch!” and shout, “Fuck off, foreign scum!” Mr and Mrs Z. they give to the man. He informs them that this is not call the police, who quickly arrive. The officers log the enough. Mrs Z. suggests that they drink up quickly incident and also witness that Mr S. even continues and then go, or alternatively, they will come back the to hurl racist insults at the family Z. in their presence. next day with the missing amount. The hand cashier, Mrs Z. goes to have her injuries to the face and her however, calls the event organiser and wine grower, tinnitus in her left ear treated at the hospital. Criminal Mr S., to the table. Mr S. demands that Mr and Mrs Z. proceedings are opened against Mr S. on the basis of leave immediately if they cannot pay. Mr Z. explains the complaint filed against him. Mr S. also tells the po- that they have no money on them, but that they have lice that he was injured by Mrs Z. Proceeding are also debit or credit cards with them and could therefore therefore initiated against Mrs Z. The public prosecu- return with the required amount. Mr S. is not satisfied tors offer a diversion (➞ Glossary) to Mrs Z. which she, with this and once again demands that the family lea- however, refuses. With the help of ZARA Mr and Mrs Z. ve. He also grabs Mrs Z. by her upper arm and begins initiate proceedings at the Equal Treatment Commis- to insult them with the words, “You Tschuschs! Fuck off sion (➞ Glossary). Both proceedings are, at the time of back to where you came from! You don’t pay any tax going to press, still on-going. anyway!” (“Tschusch” is a racist insult for people of sou- thern European and Turkish origin- Translator’s note; Mr P. lives in Vienna and is of Palestinian ori- English: bohunk). He also describes Mrs Z. as a “foreign 70 gin. He has, for a long time, been a customer bitch” who should “fuck off”. It seems to the family Z. of an Austrian mobile communications company. In
41 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
summer, Mr P. decides to change the payment me- an Austrian citizen, she enjoys freedom of establish- thod for his monthly mobile bill from direct debit to a ment. He contacts the litigation organisation of NGOs cash payment form using a debit slip. To do so, he uses against discrimination (➞ Glossary) and later, ZARA. the online conversion function provided for the custo- The couple is informed that the incident described mer on the company’s website. As a result he receives presents a possible case of discrimination on the basis his next bill, as requested, in cash payment form and of ethnic background when acquiring access to goods pays the requested sum. The following month howe- and services. ZARA is often confronted with cases of ver, the company attempt, without success, to directly discrimination when concluding contracts with tele- debit money from Mr P.’s account. This results in Mr P. communications business. However, none of those accruing unnecessary costs. Mr P. writes a polite email affected have, until now, taken their case to court. to the company’s service team and makes it clear that ZARA therefore sees a chance to set a legal precedent he has already successfully changed his payment me- by taking Mrs T.’s case to court with the help of the li- thod. The service team initially answers that no such tigation organisation of NGOs against discrimination. request has been sent to the company. Mr P. sends evi- The court hearing will take place in January 2013. The dence proving that a change to his payment method outcome of the proceedings is, at the time of going to has been carried out and once again politely asks that press, unknown. the matter be looked into to. He receives the answer that payment using these debit slips is only possible Mr C. reports the following racist incident to for Austrian citizens. It is therefore impossible for Mr 72 ZARA in August. Mr C. is an Austrian citizen P. to make a permanent change to this payment me- and has an adoptive son of Indian origin. During the thod. Mr P. was not expecting such an answer and is night from Saturday to Sunday, his son takes the night taken aback to by this form of formal discrimination bus home. He gets on and wishes to pay the driver which is made on the basis of his ethnicity and is in for a ticket. The driver answers “That’s four Euros for no way justified. He therefore drafts a letter of com- you N.....!” Mr C.’s son is shocked by this racist remark plaint. In the letter, he points out that this type of and asks for the driver’s name. He refuses to give any unequal treatment of “foreigners” is nowhere to be information. Mr C.’s son eventually goes home by taxi. found in the contract and is also racist. In the answer Mr C. then writes a letter of complaint to the bus ope- to his complaint, an apology is made that the previ- rators. ZARA offers to provide legal advice to him and ous message was “perceived” to be racist. No offers are his son. Mr C. does not, however, contact ZARA again. made to reimburse the costs incurred by Mr P., as no It is, at the time of going to press, not known of and change to the payment method was carried out. Mr P. in what form the operators have responded to Mr C.’s is by now extremely angry about the discriminatory complaint. action on the part of the company and comes to ZARA for support and advice. As this type of discrimination One evening in November, Mr W. and his breaches the Austrian equal treatment law (➞ Glos- 73 friend decide to go to a disco in St. Pölten. sary), ZARA writes a letter to the company regarding They are both Austrian citizens of Turkish origin. At their unlawful actions and asks that a statement be the entrance to the club, two doormen immediate- made. In their letter back, the service team apologi- ly inform them that admission is only granted “with se for any inconvenience caused and would like to VIP cards”. Mr W. asks how they can get the VIP cards explain that no kind of discrimination was in any way if they are not allowed in to see the club in the first intended. Mr P.’s contract had now been changed to place. Two acquaintances of Mr W., who do not have the debit slip payment method and credit had been a migrant background, come to the entrance and added to Mr P.’s account as compensation. Mr P. is not are immediately let in without having to show proof completely satisfied with the answer and is, at the of identification or a VIP card. Mr W. asks one of the time of going to press, discussing with ZARA where- doormen about the different treatment shown to the ver any further legal action should be taken against guests. He answers that he “didn’t really mean it with the company. the VIP cards” but Mr W. and his friend are still denied admission to the club. Another reason is not given for Mrs T. has Turkish citizenship and lives with this. As Mr W. and his friends and acquaintances have 71 her husband in Vienna. She wishes to set already heard that people with a migrant background up a mobile phone contract with an Austrian mobi- have been denied entry to the club more often than le network operator, but is refused. The company’s other guests, they report the incident to ZARA and re- credit rating department justified this refusal by the ceive advice about what legal steps are open to them. fact that Mrs T.’s residency permit as a family member ZARA has also received several reports about this would run out in July and is therefore not valid for a club’s discriminatory admissions policy. ZARA already full six months more. Mr T. is an Austrian citizen and forwarded such a case to the litigation organisation cannot understand what the length of a residency of NGOs against discrimination (➞ Glossary). They permit has to do with a person’s credit-worthiness then took the case to the St. Pölten district court, who or his wife’s right to residence. As the Turkish wife of determined that the club has been refusing guests
42 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
admission on racist grounds and order them to pay Mrs F. and apologises for the incident. Ms E. therefo- compensation (see RR 2010: What happened to...? re decides to let the matter rest and does not wish to Case 91 from the RR 2008). As the sentence has not take any further steps against the member of staff. stopped the club from operating with discriminatory admission policies, Mr W. decides to file a complaint The student Mr S. was born in Afghanistan against them. At the time of going to press, ZARA is 75 and is an Austrian citizen. In April 2012 he, making enquiries of whether the litigation organisa- along with his two friends who also have a migrant tion of NGOs against discrimination will bear the risks background, decides to visit a club. Mr S. and his friend of litigation. are denied admission; the reason given being that it is “regulars only”. But the doorman grants one of Mr S.’s Ms E. lives in Austria, her parents come from friends, who has an “Austrian appearance”, admission 74 India. In May she visits Mrs F., the mother of to the club, even though he is definitely not a regular. a friend of her, who is currently receiving treatment Mr S. approaches a police officer who happens to be at a wellness spa. They go to a cafe inside the spa to there and describes what just happened. Mr S. asks get something to drink and have a chat. As the music if this is not a racist and illegal refusal of admission. is a little too loud, they ask the waiter to turn it down, The officer responds in the negative and points to the which he then does. Another of the cafe’s service team owner’s house rules. Although the police are obliged then comes and turns the music up again. He then to file a report under the EGVG (Introductory Law to begins to argue with the other waiter about why he the Administrative Procedure Code➞ Glossary), the turned the music down. He explains that he did so on officer in question is not prepared to do so and tells the wishes of the two guests. The other service team Mr S. to direct any complaints he has to the legislators. member reacts gruffly and begins to make derogato- Mr S. thereupon turns away from the police officer ry and insulting comments about Ms E. Ms E. and her and walks away, shouting, “The doormen are racists friend’s mother can understand the conversation bet- and so are you!” In reaction, the police officer asks for ween the waiter and service team member and hear Mr S.’s proof of identification and Mr S. receives a noti- the staff member make the following remarks, inclu- ce demanding that he justify himself at a later date ding, “The Turks should go if they don’t like it here”, “If (This is procedure related to an administrative offense I was in her country then I’d be long since dead.” Mrs F. and is set out in Paragraph 81 of the Police Security goes to the service team member and asks if there is a Law- Reckless Behaviour in Public). When being ques- problem. He responds in an extremely angry manner tioned and asked to justify himself, Mr S. is also given and says that, if both women don’t like it here, then a warning. ZARA files a complaint for Mr S. against the they should leave the cafe and adds that “the foreig- bar with regard to refusing a guest admission on the ners should be happy that they can live here”. Mrs F. grounds of ethnic origin. is appalled to hear him speaking about Ms E. in this way and tells him that Ms E. is an Austrian and neither At the beginning of March, Ms R. decides to a foreigner nor a Turk. Ms E. also becomes involved in 76 visit a bar in Innsbruck with an acquaintance the discussion and asks what relevance her nationali- from Angola. The doorman refuses her acquaintance ty has, she is then insulted further. At length, another admission into the bar on the grounds that they are member of staff from the resort then comes and apo- having a “student party”. Ms R. notes that there are logises for the incident. Mrs F. finds the incident to be friends of hers in the bar who are not students. The unacceptable and complains personally to the health doorman makes it clear that the man from Angola will spa’s management, from whom she then receives an not be let in. Ms R. informs her friends about this and apology. She does not however get the impression they all leave the bar. Ms R. requests that ZARA docu- that her complaint will result in any consequences for ment the club’s racist admissions policy. the member of staff responsible for the discriminati- on. Ms E. also makes a complaint per telephone to the Mr Y. is of Egyptian origin. He goes, together company’s headquarters. Although she is promised 77 with a friend, to give blood at an institute in that her complaint will be dealt with, she also does not September. He also wishes to take advantage of the have the impression that her complaint is taken seri- free blood check also provided. A member of staff at ously. At no point during the telephone conversation the blood donation centre hears Mr Y. and his friend does anyone ask for her contact details. Ms E. is ex- talking English together. The member of staff informs tremely shocked and humiliated by this unexpected Mr Y.’s friend that she is not allowed to talk English verbal attack. She comes to ZARA to ask if such racist with him. When they again speak English with each behaviour from a staff member towards a customer other again they are informed that they are no longer is lawful. She is informed of the legal options availa- allowed to give blood. Mr Y., who actually speaks very ble to her in cases of discrimination and harassment good German, complains about this incomprehensib- (➞Glossary) which breach the equal treatment law le ban and asks to speak to somebody in charge. The (➞Glossary). ZARA also offers her support in this case. member of staff does not react to this, instead, one of A representative of the resort subsequently contacts her colleagues prints a copy of the regulations for do-
43 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
nating blood and gives it to Mr Y. Mr Y. cannot find any doormen even holds the door open for them. Mr A., regulation regarding speaking English in the text and however, is stopped by them. Upon establishing that comes to the conclusion that he has been refused on they belong together, Mr C. is called back and guided racist grounds. Mr Y. comes to ZARA and receives legal out. Mr A. is asked if he had visited the club already. information about his case, which has been repeated Although he responds positively, the doorman claims to ZARA in a similar form many times in the past few that he has never seen before, pushes him aside and years. Mr Y. thanks ZARA for their information but de- ends the conversation. Mr A. attempts to find out cides not take any further steps. why only he has been denied entry to the club, but his friends were allowed in without any problems. He Mr and Mrs D. are married and have lived does not receive a satisfactory answer. The doorman 78 together in Vienna for forty years. Mr D. was merely observes that the club is very popular and well born in Austria, Mrs D. in Serbia. Both have been reti- frequented, so they can pick and choose their guests. red for a number of years. One afternoon in July, they Mr A. and Mr C. then move away from the entrance and visit a cafe together, at which they have been regular wait for Mr B. to fetch their common acquaintance out visitors for a long time. They have a good relationship of the club. They then all leave together. It is clear to with the other local guests and the waitress. They sit Mr A. that he was denied admission to the disco solely down at a table in the outdoor dining area. Sometime on the grounds of his ethnicity. Both of his friends, Mr later, Mrs D. goes to the toilet, which is inside the cafe. B. and Mr C., were allowed into the club without any On the way back she passes the proprietor. He is sitting problems, although there was no difference between at a table with another guest, is obviously drunk and them regarding clothing, “regular” status or other ac- insults Mrs D. with the words “you dirty fucking gypsy! ceptable admission criteria. Mr A. comes to ZARA with You dirty Tschusch!” (racist insult for people of sou- the case and is informed of his legal rights in this situa- thern European and Turkish origin- Translator’s note; tion. He decides, with the support of ZARA, to initiates English: bohunk). Mrs D. is left completely speechless proceedings before the equal treatment commission by the proprietor’s aggressive harassment (➞ Glos- (➞ Glossary), as well as to press charges based on the sary). She goes out to her husband and tries, despite EGVG (Introductory Law to the Administrative Proce- her state of shock, to tell him about the incident. The dure Code➞ Glossary). The result of the case before proprietor suddenly comes out and lunges at Mr D. He the equal treatment commission is, at the time of go- begins to strangle him and shouts that he will kill him. ing to press, not known. At the same time he pulls Mr D.’s glasses from his face. The waitress quickly intercedes and places herself bet- Mr H. completes the last day of his national ween Mr D. and the proprietor. She gets the proprietor 80 service in the Austrian army at the end of Ap- to leave Mr D. alone. The family D. is extremely upset ril. Mr H., whose parents come from Turkey, and some by the proprietor’s behaviour, firstly because they are of his army mates have evening leave and decide to both regular guests at the café and also because they celebrate the successful completion of their military have never had a conflict with the proprietor before. service at a discotheque in Linz. They come to the ent- The family D. calls the police for filing a complaint. The rance of the club where the doorman lets the whole officers listen to them for a short time, speak to the group in, except for Mr H. Mr H., who has never been proprietor and then inform the family that they can- to this disco before, and his mates ask why Mr H. is the not do anything, as no-one was injured. Mr and Mrs only one who is not allowed in. The doorman answers D. contact ZARA to get advice concerning the inci- that it is because he is a Turk. The group tries to con- dent. With the support of ZARA the family Z. presses vince the doorman to let Mr H. in too. The doorman charges based on the EGVG (Introductory Law to the makes it clear to Mr H. that there is nothing he can do Administrative Procedure Code➞ Glossary). They also and sticks to his decision. Mr H. convinces his mates to file a statement of the facts in relation to a suspicion go in the disco without him. He waits outside for a few of dangerous criminal threats (➞ Glossary) and racist hours and then collects his friends at the agreed time, insults (➞ Glossary). The result of the investigation in order to return to barracks together. Mr H. is extre- proceedings are, at the time of going to press, not yet mely shocked and disappointed by this incident, and known. reports this case of discrimination to ZARA. ZARA is, unfortunately, already aware of this disco from many Mr A. was born in Austria, his parents come other reports considering its racist admissions policy 79 from Turkey. He studies at the University of (see also: “What happened to” 90/ RR 2011). ZARA in- Economics in Vienna. In January, Mr K. decides to visit forms Mr H. about the legal steps he can take in this a club in Vienna, along with two friends, Mr B. and Mr situation. This case of discrimination can be reported C. The club has already been reported to ZARA many to the administrative authority responsible for these times for refusing admission on racial grounds. The matters (the local police force is also obliged to file a three young men wish to meet an acquaintance of charging document), which can then lead to an admi- theirs in the club. At the entrance, Mr B. and Mr C. are nistrative penalty. Mr H. thanks ZARA for their infor- allowed into the club without comment. One of the mation and wishes to consider whether to take any
44 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
further action, as he doubts that pressing charges or the cafe’s house regulations which all guests have taking action according to the equal treatment law (➞ to keep to and that he himself has nothing against Glossary) will lead to a long-term change in the club’s Muslims. Ms U. and her friends leave the cafe without owner’s racist attitude. ZARA documents the incident. having consumed anything on the premises. Ms U. is informed of the legal action she can take against this Mrs B. lives in St. Pölten and brought the case of discrimination. She does not, however, contact 81 following incident to ZARA’s attention in ZARA again. April. Her daughter, who is currently studying in Lu- xembourg, comes to visit St. Pölten with some fellow Ms E. reports the following incident to ZARA students. The group decides to visit a club in the eve- 83 at the beginning of January. She, along with ning. As they come to the entrance of the club, the eleven other friends, decides to visit a club in the cen- doorman lets everyone in except for two students tre of Vienna. Almost all the members of the group from Cameroon, who he refuses admission with the are allowed into the club by the doorman, except for words “not him” and “him neither”. Mrs B. is disgusted one friend, who is of Dominican origin. Upon being by this racially motivated method of selecting guests asked why he has been refused entry, the doorman and inquires what legal option are open to her in explains that her friend was behaving “aggressively”. such a case. ZARA informs Mrs B. of the possibility to Further discussions reveal that Ms E.’s friend did not press charges for refusing guests admission on racial understand when the doorman said “Wait a sec’” in grounds, as well as initiating proceedings based on dialect to him and simply tried to enter the club with a breach of the equal treatment law (➞Glossary). As the rest of the group. This is interpreted as “aggressive the students and Mrs B.’s daughter are already back behaviour” by the doorman. The doorman informs the in Luxembourg and can therefore take no part in any group that he is afraid that the guest could continue proceedings in Austria, Mrs B. decides not to take any to “behave” aggressively in the club. Ms E.’s friends are further action for now. appalled by the arguments used to deny their friends entry and see it as a clearly discriminatory action. The Ms U. is of Turkish origin and lives in Vorarl- group then goes to another bar. ZARA confirms to Ms 82 berg. She decides to celebrate her birthday E. that the case will be documented and informs her with three friends in a cafe. As the four women give about the legal action she can take against racist ad- their orders to the waiter, he demands that Ms U. missions policies and offers her a consultation. Ms E. take off her headscarf, as it does not comply with the does not however, contact ZARA again. house regulations. She can either go, or take it off. Ms U. does not want to comply with this demand and Ms R. visits a bar in the Salzburg train station says as much to the waiter. He repeats that it concerns 84 and is shocked to see a sign there with the
Der KlimawanDel, Den wir brauchen: mehr respekt und menschlichkeit
45 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
following statement, “WE WILL NOT SELL ANYTHING pletely inacceptable and that the company clearly di- AT ALL TO THE GYPSIES!” It is signed by the branch ma- stances itself from them. Disciplinary procedures will nager. Ms R. informs ZARA about the racist incident be initiated against the members of staff in questions. and is given information about what legal action can Ms H. suggests that internal trainings to raise aware- be taken in this situation. ZARA files a complaint, on ness and coaching for members of staff should be car- the behalf of Ms R., against the bar to the Salzburg ried out, rather than disciplinary measures. magistrates on the grounds of discriminatory denial of services, according to the EGVG (Introductory Law A Green party district councillor, Ms R., goes to the Administrative Procedure Code➞ Glossary). 87 past a sweet shop in the 7th district in Janu- ary. She sees chocolate with peanuts in the window Ms M. attends a May 1st festival in Salzburg. display with the racist wording ‘N... bread’. She first 85 She goes to get something to drink, but is confronts the shop owner personally, and then per shocked to see that one of the drinks is being sold telephone, with the fact that this term is not only under the racist heading ‘N.....’ She speaks to the wait- outmoded, but also discriminatory. The owner de- ress about the discriminatory description and receives scribed Ms R. as a “fascist” and is convinced that the the short answer, “That’s the way it is in Austria”. Ms M. majority of the population does not have a problem disagrees and points out that this word is outmoded with the “n-word”. He also feels himself robbed of his and racist. Ms M. would like the incident to be docu- liberty by “language police” like Ms R. Ms R. reports mented. the incident to ZARA. Not only Ms R., but also mem- bers of staff from the help centre have already tried Ms H. is witness to the following racist inci- without success to persuade the sweetshop owner to 86 dent in a Vienna post office in April. Two cus- rename the “n-bread”. In light of this fact, the report tomers with dark skin are treated in a very unfriendly is only documented. Ms R. and the Green Party in Vi- way by the member of staff at the counter. As the two enna denounce the racist term in press releases and customers leave the post office, another member of organise a discussion panel about the topic, which a staff also makes racist remarks about them. Her col- representative from ZARA also takes part in. A com- league agrees with her. Both members of staff then mentary about the problem of racist terms for food make further racist comments in front of the custo- products can also be found on derstandard.at. (http:// mers, including Ms H. Ms H. reports the incident to derstandard.at/1329870348893/Brickners-Blog-Der- ZARA and sends a complaint to the Austrian post. The Nbrot-Aufstand). member of staff responsible for such matters thanks Ms H. for informing her about the incident and apo- Mr P. has been living in Austria with his family logises for the racist behaviour of the two members 88 for many years. He was born in Burkino Faso. of staff. She is assured that such comments are com- In January, Mr P. is suffering from a broken leg, which
ZARA civil courage workshop
When Fr, 14th June 2013, 16:00 - 20:00 Sat, 15th June 2013, 9:00-17:00 Where VHS Ottakring, Ludo-Hartmann-Platz 7, 1160 Wien (U6 Thaliastrasse) Costs 100,- Registration VHS Ottakring Tel. 01/492 08 83 Mail [email protected] Course no. F06509
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ZivilCWorkshop_INS_RZ.indd 1 28.06.13 11:47 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
is in a cast. Because of this, he is not very mobile and she still respects the law and what is “normal”. Mrs K. has to travel to his office with a taxi. He comes to the points out that her daughter is not a foreigner but an nearest taxi rank and asks one of the taxi drivers there Austrian and that it is not a question of national ru- if he is service. The taxi driver answers in a very un- les, but of freedom of religion. The trainer makes no friendly tone that he doesn’t have to take ‘n.....’s. Mr P. reply to this. The daughter M. is also very shocked by is shocked and answers, “Did you really just call me a the trainer’s statements and feels offended and discri- ‘n...’?” The taxi driver answers, “I didn’t just insult you, minated. The two are then asked to speak to another ‘n...... ’ is your skin colour!” A short verbal dispute then member of staff, Mr P. In the following telephone con- takes place, in which Mr P. is addressed with the in- versation Mr P. shows himself to be reasonable and formal “du” form and racially abused. Following this, allows the girls to take part in the trial lesson. How- Mr P. moves away and waits for the next taxi. Short- ever, the trainer takes no notice of Mrs K.’s children ly thereafter, a woman approaches the taxi rank. She during the course, leading them to feel that they are obviously also wants to take a taxi. When she sees not welcome here. After some time another trainer Mr P. she speaks to him and asks if he is also waiting takes care of the children. At the end of the session, for a taxi. Mr P. explains that he is. The woman then the trainer accuses the children of not keeping to the asks why he doesn’t take the taxi in front of him. Mr dress regulations, which she considers to show a lack P. answers truthfully, that the driver refused to take of respect. Mrs K. comes to the trainer after the second him. When she finds out that the driver refused to trial session to find out how her children are doing. take Mr P. because of his skin colour, she also decides The trainer explains that maybe the children are not not to get in said taxi. A second potential taxi passen- enjoying the course, and that she should speak to Mr ger then comes along. The first customer describes P. As the children are actually enjoying the course, the incident to her, which leads her to also deciding Mrs K. speaks to Mr P. Mr P. explains that the club has not to get in the waiting taxi. Shortly afterwards, the decided that girls with headscarves are not allowed car’s driver speaks to one of the waiting women. He to take part in the courses. He remains by this stand- then turns to Mr P. and says, “Get lost you black ape!” point, even when Mrs K. points out that her daughter Mr P. warns him that he has just insulted him in front wears a sport headscarves for the course, meaning of witnesses. A second taxi comes to the taxi rank. As there are no safety concerns. Due to this discrimina- Mr P. approaches the taxi with the intention of getting tion against her daughter, Mrs K. contacts ZARA and in, he hears the two drivers talking to each other. The asks for advice and support. ZARA informs Mrs K. driver of the first taxi tells his colleague that Mr P. in- about the possible actions she can take, as this case of sulted him and that he is “scaring away” his customers. discrimination against her daughter is a breach of the The driver of the second taxi then also refuses to take equal treatment law (➞ Glossary). ZARA contacts the Mr P. with him. The two taxis then drive away while Mr karate centre and asks for a statement regarding this P. continues to wait. Finally, the next taxi takes Mr P. to incident. An answer has not been received at the time his place of work without any problems. Mr P. sends of going to press. a complaint to the competent department of the Vi- enna Chamber of Commerce and contacts ZARA for further advice. He is informed about the legal action he can take and, with the support of ZARA, initiates proceedings before the equal treatment commission What happened to...? (➞ Glossary) to determine whether a case of racist discrimination has taken place. The result of the case Incident 87 from the racism report 2010 is, at the time of going to press, not known. Ms O. is of Turkish origin and calls a mobile phone company’s service line in January 2012 to ask about an Mrs K. is looking for a karate course for her incorrect bill she received. The first time she calls, she 89 three children close to her place of residence receives a competent and friendly answer. As she still in the December of this year. She finds a suitable sports has some questions, she calls a second time. Instead club and goes there with her children. Her daughter of providing professional information, the hotline staff M. wears a headscarf out of religious convictions. They member scornfully laughs and tells her she should go to the karate centre to first ask if they can make use please learn German first. Ms O. studied in Austria and of the trial lesson on offer. When Mrs K. tries to enter can speak excellent German. She feels this demand to the sports hall, she is surprised by the responsible trai- be an insult (➞ Glossary) to her person which is defi- ner, who tells her that her daughter M. cannot enter nitely not justified. Ms O. sends a letter of complaint the hall because of her headscarf. Ms K. asks why her to the company on the very same day, but she does daughter is being refused entry to the hall. The trainer not receive a satisfactory answer to this, even after a simply makes vague allusions to safety concerns. The number of months. Ms O. submits, with the support of trainer then goes on to tell the mother that she could ZARA, a complaint to the equal treatment commission nonetheless take her children to a “Mohammed club”. (➞ Glossary). The trainer also explains she herself is a “foreigner” but
47 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
What happened in 2011 and 2012: the doorman, having found him guilty of breaching ar- In May 2011, the equal treatment commission decides ticle III, paragraph 1, sub-paragraph 3 of the EGVG (In- in Ms O.’s favour and finds a case of discrimination on troductory Law to the Administrative Procedure Code the basis of the hotline staff member’s offensive beha- ➞ Glossary). In autumn 2012, the equal treatment viour. As a consequence, Ms O. receives a letter from commission, having concluded their investigations, the company apologising for the incident. She also establishes in their findings a clear case of direct discri- receives financial compensation amounting to 720 mination (➞ Glossary) by the club’s operators against Euros. At the beginning of 2012, she thanks ZARA for Mr M. solely on the grounds of his ethnicity. They re- their successful intervention. commend that financial damages be paid to Mr M. as compensation for the discrimination suffered. The Incident 88 from the racism report 2010 club refuses to comply with the commission’s recom- mendation and continues to deny that they discrimi- Mr W. is of Iranian origin and has lived with his family in nated against Mr M. Mr M. therefore takes the case to Vienna for a number of years. He and his wife are both the district court of Linz with the help of the litigation customers of the same mobile network operator. He organisation of NGOs against discrimination (➞ Glos- goes to one of the company’s shops to get a print-out sary). The results of the proceedings are, at the time of for his wife with information about their bonus points going to press, not yet known. account and number porting when changing to ano- ther provider. This is denied him, even though he has Incident 87 from the racism report 2011 a letter from his wife giving him power of authority. When he complains about this to a member of staff, Mr M. is an Austrian citizen and lives in Vienna. His pa- she is called an “arsehole” and told that “he should be rents are of Turkish origin. He visits, together with his happy that he can live here”. Mr W. is shocked and ap- sister and brother-in-law, a cafe in a shopping center palled by the staff member’s discriminatory remarks, in Vienna in March 2011. They go to the terrace area, especially because they are made in front of his four where several tables have been put up but some are year old daughter. ZARA submits a complaint to the still stacked up against the wall. Although the family equal treatment commission (➞ Glossary) on behalf waits patiently to be greeted and served, they are ig- of Mr W. Before the proceedings are concluded, the nored by the cafe’s members of staff from the outset. member of staff in question telephones Mr W.’s partner Mr M. and his family wait for a while, they then put and apologises to her. He also informs her that appro- up the tables and chairs themselves and take their priate personnel consequences have been carried out. places. They politely try to get the waiters attention, verbally and through hand gestures. They are assured What happened in 2011: by the waiters that someone will come, but are not The equal treatment commission finds that the mem- served. Other guests have arrived in the meantime, ber of staff in the shop breached the principle of equal and they are able to make their order. The eventually treatment on the basis of harassment (➞ Glossary). Mr leave the cafe in frustration without being served. On W. is satisfied with the result of the proceedings and the way out, Mr M. thanks them in a sarcastic tone for declines to enforce a claim to compensation before “coming so quickly” The other waiter, who it later turns the court. out is the cafe’s owner, loudly answers Mr M. with the words, “Thanks for putting the tables up! Go back to Incident 77 from the racism report 2011 where you came from- the south!” Some of the guests comment positively on this derisive insult and laugh. Mr M. lives in Austria, his parents come from Turkey. Mr M. is stunned and makes a complaint at the shop- After a Christmas party, he and his friends decide to go ping centre’s info point, which goes unheeded. Mr M. to a dance club in Linz. Mr M. is the only person in the lodges a complaint to the police according to Article group who is asked for his I.D. by the doorman. He is III, paragraph 1, sub-paragraph 3 of the EGVG (Intro- then denied admission, the reason given being “dark- ductory Law to the Administrative Procedure Code➞ skinned people are not allowed in”. His friends of Aust- Glossary). With the help of ZARA he further submits a rian origin however were allowed all to enter the club, request to the equal treatment commission (➞ Glos- whilst Mr M. is refused admission. Mr M. lodges a com- sary) that proceedings be initiated. plaint at the police and contacts ZARA. Police officers are sent for. With the support of ZARA Mr M. submits What happened in 2012: an application to establish the existence of discrimina- At the beginning of this year, the equal treatment tion to the equal treatment commission (➞ Glossary). commission establishes in its findings a clear case of direct discrimination (➞ Glossary) on the grounds of What happened in 2012: ethnicity (➞ Glossary). In an out of court settlement The department of the municipality of Linz responsib- Mr M. receives compensation amounting to 500 Eu- le for such matters examines the complaint filed to the ros from the cafe owner for the personal detriment police. They then impose an administrative penalty on suffered.
48 Racist incidents · Goods and services · Businesses, restaurants and other commercial services
Incident 90 from the racism report 2011 What happened in 2012: The Linz magistrates impose an administrative pe- Mr B. is an Austrian of Egyptian origin. This incident nalty on the doorman, having found him guilty of takes place in September 2011. Mr B. goes, along breaching article III, paragraph 1, sub-paragraph 3 of with his friend Mr K., to the birthday party of a mutu- the EGVG (Introductory Law to the Administrative Pro- al friend at a discotheque in Linz. Although they are cedure Code (➞ Glossary ). In autumn 2012, the equal both suitably dressed, the doorman denies them ad- treatment commission, having concluded its investi- mission to the club. They remove themselves from the gations, establishes in its findings a clear case of di- entrance and observe that other guests are being let rect discrimination (➞ Glossary) by the discotheque’s in without comment. Mr K. whose parents both come operators and the security company responsible for from Austria, then goes to the entrance, goes to the the doorman against Mr B. solely on the grounds of entrance alone and is let in without any comment. Mr his ethnicity. They recommend that financial damages B. assumes that he has been discriminated against be paid to Mr B. as compensation for the discriminati- because of his appearance or ethnicity. With ZARA’s on suffered. It is, at the time of going to press, not yet support he lodges a complaint according to Article clear if the company will comply with the equal treat- III, paragraph 1, sub-paragraph 3 of the EGVG (Intro- ment commission’s recommendations or whether Mr ➞ ductory Law to the Administrative Procedure Code B. will have to undertake further legal action. Glossary) at the magistrates of the City of Linz. He also reports the case to the equal treatment commission (➞ Glossary).
49 Racist incidents · Racist reaction to anti-racist work
Racist reaction to anti-racist work
It is positive, and to be welcomed, that ZARA’s work evokes criticism and reaction. This means that our work is noticed and that people are concerned by these matters. Unfortunately, a small number of incidents show cases of highly destructive remarks and highly racist insults. We do not want to withhold these incidents from you and give a selection below to also demonstrate this facet of racism. Private persons, politicians, NGOs and everyone else working to promote equal opportunities and against racism are in danger of being the target of reactions of this kind, as the following selection of messages to ZARA show.
ZARA receives the following message in cause you’re against racism, but because you protect 90 March 2012. “I wonder whether your associa- criminal migrants in our country! I wouldn’t spend a tion reads the daily reports of Austrians being robbed, cent on you fools! Racism no- criminal migrants out attacked and almost beaten to death by your dear for- of Austria! First our native people, then the migrants! eigners, like the 70 year old in Styria. and. and. and. That’s how it should be in OUR COUNTRY!” why do you want to destroy Austria?” The Green national council member, Alev ZARA receives the following message over 94 Korun, sends the following email to ZARA 91 the ZARA contact form on the website in to be documented. “Subject: Turks!!! First, jobs for our March 2012. “Foreign scum and an Arian woman. native inhabitants!!! Turks!!! Turks breed children and Once again, an Austrian is harassed by an Oriental. destroy jobs!!! First, jobs for our native inhabitants!!! Once again we will come to help her. Once again the- Even if they don’t wear headscarves, they are !UNDESI- re are smacked Musel (Derogatory German term for RED! Every kind of hospitality comes to an end some- Muslims- Trans.)” time!!!!!!!”
Following the presentation of the racism re- The Green party Nation Council member Alev 92 port 2011, ZARA receives the following mes- 95 Korun received the following racist email in sage on 22/03/2012. „HALLO your report that some December. She forwarded it to ZARA to be documen- companies don’t serve, or are mistrustful of foreigners ted: “[…] The Turks are one of the most racist people is correct, because A LOT OF foreigners can’t behave around, including the Jews and Arabs. The Turks even themselves. Young and old people are robbed eve- have a racist law to protect Turkishness. And you pro- rything is destroyed, rubbish is just left on the street, tect these Nazis Ms korun. Erdogan is a pig’s snout and green spaces are seized and wrecked. Young foreig- a liar he doesn’t believe in Allah himself. All Turkish ners don’t want to work because there is money from women are just as much as whores as his wife with the government. EVERY “MIGRANT” IS ARMED WITH A her high heels. […] pork is eaten in kindergartens and KNIFE If this continues then RACISM will continue in they still have St. Nicholas celebrations and Christmas. Vienna and the whole of Austria You have to maintain If they don’t like it then they should fuck off back to a healthy racism in some districts, otherwise you’re Anatolia. The Turks already control fruit vegetables doomed as an Austrian.” trade taxis and criminal businesses what do you still want you pig’s snouts? […] Turkish children shit in The counselling centre receives the following social housing apartments like dogs on the street 93 email on the 2nd of April: because some parents let them come in at mid-day. “You should all be locked up as quickly as possib- Before the Turks settle down here, I will join the FPÖ le! You want to make us believe there is no foreigner resistance and protect our culture unto death. Tradi- problem! Take your migrants and stick them where tional dress couples pork an’ St. Nicholas celebrations the sun doesn’t shine! You should all be put on trial in kindergartens unto death. Fuck Mohamed he just for treason against the people, on large scale! Every banged everything together. Religion goes back to citizen of a large city (look at the Innsbruck Moroccan the sun worshippers. Religious people are blind. If you thieves) sees the truth! That’s why the anti-migrant want to help people so much, then you have to be for wave is getting bigger! I hope 2013 is finally FPÖ time! everyone also for native people or fuck off too. The They should shut off your “juice” immediately! Not be- FPÖ will win because of you Turk Nazis. Thanks. […]“
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ANGST BLENDET. ZIVILCOURAGE MACHT STARK.
www.sosmitmensch.at
51 cyber hate · Within the protection of anonymity cyber hate Within the protection of anonymity
* Alle Zitate: “In my opinion, refugees present a greater problem than Neonazis. 50% of them do not have jobs. Crime and http://hatr.org/archive unemployment are 2-3 times more likely. Their mentality is completely different. 50% of the German Roma do not even finish school, only 16% have jobs. And now thousands more are arriving.”
“Without Jews there would have been no fascists (...) The most successful meme (ideology) of all time was that of “Jewish culture”, as all current ideologies depend on it: Christians, Muslims, protestants, capitalists, Marxists, Nazis, Hollywood, etc. - and no one realizes that he is a slave to this 2,000 year-old Jewish tradition.”
“I believe the number 1 rapists in the world are currently the dark-skinned African male population, where for generations the practice has been “martial law”, or even warfare.”
Racist postings and inflammatory web content is not demands, at least, ways of monitoring, regulating and always so clear and aggressive as on the blog hatr.org. protecting against such messages and tendencies. The blog collects troll comments that are left on web- sites and forums with a socio-critical, anti-racist focus, From the point of view of internet service provi- and which were thus removed by moderators. They ders, it is hardly possible to control the legality represent just the tip of the iceberg. The agitation on of content. Internet service providers clearly do the web is increasing dramatically, also in a weakened not see this type of filtering as their responsibi- form. lity, nor do they wish to. It is for this reason that The ZARA counselling centre for victims and wit- registration offices, law enforcement and the nesses of racism has recorded a severe increase in judiciary are so important to us. Maximilian racist postings online in Austria. According to a study Schubert released by the Austrian league for human rights, in the previous year more than every second respondent In 2012 a total of 170 incidents of racist statements on claimed to have observed hurtful or unjust postings the internet were reported to ZARA - 22% of all the in- online, with 9% claiming they felt personally affected. cidents that ZARA documented. Thereby, the number 20% of 14-19 year-olds claimed to have already been of incidents of internet racism ascertained by ZARA the victim of bullying on the internet at least once (pg. have more than doubled since 2009. A quarter of 55). these statements were made against Muslims, whilst another quarter were anti-Semitic or motivated by In the case of right-wing extremist postings the neo-Nazism. The incidents range up to calling for ge- service provider should be held more responsib- nocide. The opportunities for the distribution of such le, as their general terms and conditions clearly content via cyberspace are immense. No other medi- avow not to enable the distribution of such con- um reaches as many people as the internet. According tent. A price which civil society can afford to pay to the Austrian Internet Monitor, about 80% of Aust- is to report questionable postings and to discuss rian households are online. Among the services and the topic in their personal environments, as it applications used, social networks are at the forefront: can be assumed that, in the case of digital vio- every second user belongs to communities such as lence, the inhibition threshold to violence is lo- Facebook or google+, among youth only a miniscule wer than in the real world. Wolfgang Zimmer minority do not take part in virtual spaces. Right-wing extremist groups are increasingly using YouTube, The increase in hate mail stimulates anew the discus- SchülerVz and similar applications, which are popular sion about the ambivalence of freedom of opinion with youth, to disseminate their ideas. The initiative and privacy in cyberspace. On the one hand, access jugendschutz.net, which is supported by the govern- to the internet as a participatory medium and as an ment, demonstrated in an alarming report how neo- easily accessible tool for opinion-forming and com- Nazis attempt to lure their declaredly most important munication should continue to be guaranteed. On target group - namely youth - primarily through social the other hand, the increase in misanthropic content media with provocative events and subversive tactics.
52 cyber hate · Within the protection of anonymity
Internet service providers often have their own not always immediately recognizable which group, terms of use, which they have dedicated them- people or intentions are behind these postings. selves to. Many of these providers enforce these terms of use in other countries and do not tole- It is not our main goal to cause deletions. For rate any “hate speech” or racism on their plat- us it is about awareness, making real processes forms. Nevertheless, the issue must be addressed transparent and visible. There must be a clear on several levels. There is a need for media edu- avowal to stop this ideology of hate that is roo- cation for users as well as for international col- ted at the center of society. This is a task for the laboration. The network “International Network authorities and politics, to regularly cry out and Against Cyber Hate” (INACH) was co-founded by say that poisonous statements are not allowed jugendschutz.net and connects about 19 part- and will be prevented. Lukas Wurz ner countries. Here we try, along with our part- ners, to promote solutions. Because the medium It is legally difficult to take action against such infiltra- is so impartial, it is important to network world- tion. Established law is applicable at the national level. wide. Christiane Schneider At the same time, jurisdiction must be defined for any new technologies and means of distribution through In this way neo-Nazis can reach people outside of the precedent. In the past year, the public prosecutor of scene - potentially a massive audience. There are nu- Wales decided in the case of discriminatory messages merous examples of postings on social media, through from two British athletes that Twitter messages are co- which new followers are sought for misanthropic vered by British criminal law. The judiciary then has to ideas and activities. In doing so, the new right-wing consider whether in each particular case the guaran- radicalism paints itself in a new light, above suspicion, tee of freedom of speech or a case of potential discri- and disguises itself behind a socio-critical commit- mination or slander is more important. ment. For unprepared youth it is almost impossible to Representatives of the internet industry, the intelli- perceive targeted attempts at manipulation by right- gence service, records, documentation and help cen- wing extremists behind, for example, environmental tres held a discussion on December 3, 2012 in the protection activities, calls to protest against social Vienna main library at an event held by ZARA: Talk exploitation or flashmobs, to which they are invited Responsibilities and courses of action against cyber via Facebook, YouTube and twitter. Some trusting user hate (chronicled online at: http://www.ichmachpolitik. unwillingly becomes a multiplier by clicking “like” or at ZARA). “share” and helps to more widely spread right-wing In Austria the Prohibition Act of 1947, the re-en- invocations – and this like will never go away. Because gagement with National Socialism and the law con- even if a user recognizes his/her mistake and deletes cerning incitement to hatred form the basis for juris- his/her link from his/her Facebook page, it has already diction. By itself, dubious or reprehensible morals do continued on through “likes” and “shares”. “Jugend- not immediately fall under criminal law, as extremism schutz.net” finds it particularly problematic that it is has not been legally defined. Moreover, in order to
At 3rd of december 2012, representatives of the internet industry, the federal office for the protection of the constitution, reporting-, documentation-, and counseling centres discussed responsibilities and options for action against cyber hate at the Vienna main library (recording online: http://www.ichmachpolitik.at ZARA).
53 cyber hate · Within the protection of anonymity
prosecute, the parties responsible for publishing hate Right-wing extremism represents a faction that messages must be known - here the anonymity of the is primarily defined socio-politically. Currently, in internet extensively protects offenders. the domain of criminally relevant right-wing ex- tremism, 90% of all people who have perpetrated such actions are not members of the right-wing The Prohibition Act of 1947 is a purely legal extremist scene. These are the everyday racist, matter and a very good tool to make action on right-wing extremist and anti-Semitic attitudes, Austrian soil possible. Our problem is, however, which are apparently anchored in the Austrian that there is different legislation at an interna- soul. We must therefore proceed on the assump- tional level. We are not just trying to prosecute, tion that certain right-wing extremist models but also to prevent further perpetration. We have already penetrated the center of society. work, for example, through our reporting offices. It is also important, for this reason, to increase Walter Jaroschik sensitivity, including within our own families. Karin Pöllmann Whether racist and inflammatory content which are not illegal and can be found in forums or on websites In the International Network Against Cyber Hate are tolerated or deleted depends on particular terms (INACH) (➞ pg. 58) 21 organizations worldwide have of use or lies in the assessment of the operators. The united in order to develop counter-strategies. The operators of IT services and networks, however, most- INACH members highlight above all raising aware- ly insist on the private nature of web content. They see ness and self-commitment to an open and dynamic themselves solely as a platform for communication medium. The “Internet Common Values Charter”, for- and opinion making, they insist on open access and mulated in 2011 and published in the previous year reject responsibility for content. Website operators (➞ pg. 57) addresses in particular operators of online can easily avoid more restrictive legislation by ope- and social media platforms as well as internet provi- rating out of a country with laxer legislation. The fast ders. It calls for racism-free intercourse on the inter- pace distribution in cyber space with alone 340 milli- net. INACH and its Austrian member, ZARA, also see on twitter messages daily makes the monitoring and civil society as challenged and view the fight against prosecution of “hate speech” more difficult. racism and right-wing extremism as a task for society as a whole. Users should be trained to recognize and report dangerous content through educational ef- forts and raising awareness. Young people, above all, should be given the tools to perceive racist and right- wing extremist sentiments, to recognize tactics and to resist propaganda.
Wolfgang Zimmer ZARA Maximilian Schubert Christiane Schneider Lukas Wurz Walter Jaroschik Karin Pöllmann counseling service for Secretary-General ISPA jugendschutz.net stopptdierechten.at Federal Office for the Federal Office for the victims and witnesses of (Internet Service Providers Protection of the Protection of the racism Austria) Constitution and Constitution and Counterterrorism Counterterrorism
54 cyber hate · Survey of Cyber Bullying
Survey of Cyber Bullying
Virtual platforms as venues for personal fundamental right to freedom of speech in the time of attacks social networks, hate on the web as well as the appli- cation of the UN Convention on the Rights of Children Whether on social networks, forums or by mobile in Austria. The president of the league, Barbara Helige, phone - bullying has reached the widely unregulated identifies the following as areas in which improve- virtual space and is increasingly becoming an uncont- ment is needed; a lack of awareness, violence, the fe- rollable problem. Children and young people are abo- deral child and youth protection law, unaccompanied ve all victims of cyber bullying, that is, the intentional minor refugees, a discriminatory educational system insult, attack, intimidation or harassment of people on and the “ailing” health of children and young people. the internet or by mobile phone. So how many peop- These issues have obtained momentum due to the le are actually affected? According to a representative very recent recommendations of the UN Children’s study which was displayed as part of the human rights Rights Legal Committee of October 2012. The “human report 2012 by the League for Human Rights together rights report 2012” can be found online at with ZARA, more than half the people living in Austria www.liga.or.at. have at least once been the victim of hurtful or un- . just comments on the internet. 9% reported that the attack was aimed at him/her personally. 14-19 year- Question: Would you know how to defend yourself, if you were personally olds were the most affected group at 38%, followed attacked on the Internet? by immigrants (35%) and people who belong to a certain religious community (24%). However, most do 43,2% not know how to fight against this. Nearly half of tho- se polled reported that they did not know how they n=500 should handle personal attacks and who they would first have to ask. 30,4% 26,4% human rights 2.0
The Austrian League for human rights advocates the implementation of and compliance with human rights and has published a “human rights report” eve- ry year since 1989 - a kind of survey of the state of im- plementation and compliance with human rights in
Austria. Central themes of the current findings are the Yes, I would I would have No, I would know exactly an idea/hunch first need to what to do inform myself
Question: In your opinion, which group of people are particularly affected by personal attacks on the internet?
children/young people 37,8%
foreigners 35,4%
People, who belong 23,6% to a certain religious association
people with dark skin 16,6%
Persons with disabilities 15,8% n=500
older people 6,0%
Other groups, namely... 4,2%
all people are affected to the same degree extent affected/not affected 36,8%
Source: Survey of Cyber Bullying by marketagent.com. Commissioned by ecker & partner, November 2012
55 cyber hate · Media literacy as a key skill · cyber hate - a new workshop
Media literacy as a key skill
Current statistics document that around 80% of wing extremists like to disguise themselves in the households in Austria have access to the internet. clothing of modern and moderate social criticism, While half of all users are active in social networks, but the exclusionary and discriminatory statements young people between 14-19 years-old are nearly remain the same. These days, sympathizers and new 100% active. Facebook is the most used social net- political companions are frequently recruited online. work, with 2,773,800 users in Austria, followed by Based on, and because of, the increasing propensity Twitter, with 85,298 registered users (Social Media towards violence and the strengthened presence of Radar Austria). Radical groups are increasingly taking right-wing extremist groups on the internet, the abi- advantage of the wide appeal and dynamic of social lity to use the internet critically is becoming an ever media to spread their messages. The target group of more important core competency for children and this multimedia propaganda - via YouTube, Facebook youth. ZARA is trying to counteract this right-wing or SchülerVz - is often youth. In so doing, fusty right- trend with its new workshop against cyber hate.
cyber hate - a new workshop
ZARA regards hate on the web - or simply cyber hate Jugendschutz.net has supported the High Regional Youth Authority - as an area for prevention. ZARA has developed a (Youth Ministries of the regions) in the implementation of youth pro- new workshop, supported by the German institution tection on the internet since its founding in 1997. The Internet Over- jugendschutz.net (➞ Infobox), that should raise awa- view of the Commission for Youth Media Protection (CYMP) was es- reness of topics such as racism and right-wing extre- tablished along with the Youth Media Protection Treaty (YMPT) and mism on the internet and promote media literacy. The jugendschutz.net was bound organizationally to the CYMP. Since training conveys the following competencies with in- then, jugendschutz.net has also supported the CYMP in its duties, teractive methods: How do right-wing extremist/nati- has taken charge of counselling and training of the telephone servi- onalist/racist groups appear on the internet and how ces and informs on relevant developments in youth protection and can I recognize them? What codes are used and how issues with internet services. can I, as a citizen, actively take legal action? The parti- cipants have the opportunity, through their own on- In the case of violations of the provisions of the YMPT, jugendschutz. line research to experience for themselves the scope net should make the provider aware of the issue and the acknow- and radicality of issues on the internet. The workshop ledged constitution regarding voluntary self-control. They should is directed toward youth, as well as multipliers, inclu- also inform the CYMP. ding pedagogues, youth workers, those working in the internet industry, journalists and others who are http://jugendschutz.net interested in the topic.
www.zara.or.at Trainings
56 cyber hate · Initiative for countering cyber hate: Internet Common Values Charter - sign now!
Initiative for countering cyber hate: Internet Common Values Charter - sign now!
As an Austrian member of the International Network within the framework of the 9th annual Conference Against Cyber Hate (INACH), ZARA and its network of Networks in Paris in October 2011 - a framework of partners devised the so-called “Internet Common common goals and values for an online environment Values Charter”, which is especially geared toward free of discrimination. The signatories of the Charter operators of online social media platforms as well as pledge to prohibit racism on the internet within the internet providers, and which calls for an online en- scope of their abilities according to the INACH-Char- vironment free of racism. In order to promote these ter. The Charter can be signed online at: values at the national level, the INACH members have adopted the Internet Common Values Charter http://inach.net/
57 cyber hate · Take action – an overview of all registration and help centres
Take action – an overview of all registration and help centres
ZARA’s Austria-wide help centres for victims and witnesses of racism are an important educational tool in raising awareness and civil courage as well as campaigning and media relations. The ZARA society - civil courage and anti- racism - combats all forms of racism in Austria. Alongside ZARA, there are international as well as other registration and help centres in Austria which deal with matters of right-wing extremism and/or digital media.
Federal Office for the Protection of the riences of activities against racism and discrimination Constitution and Counterterrorism on the internet. By taking into account varying cultu- ral backgrounds and language diversity INACH has a The Federal Office for the Protection of the Constitu- multi-faceted perspective which allows the network tion and Counterterrorism is a security office based in to combat all forms of online hate. INACH regularly the interior ministry. Its responsibilities include, among publishes a transnational report on the current di- others, combating extremism and other terrorist phe- mension of cyber hate. In addition, special publica- nomena. The federal office and the underlying regio- tions about anti-Semitism on the internet as well as nal offices accordingly monitor the right-wing extre- about the connection between hate on the internet mist scene in Austria and investigate violations of the and racist-motivated violence have been issued in the Prohibition Act of 1947 through the re-engagement past. ZARA has been a member of the International with National Socialism. Messages and content on Network Against Cyber Hate (INACH) since 2007 and websites or in news-groups that are identified as neo- organised the INACH Conference “modern times, new Nazi, racist and anti-Semitic can be reported to these networking: youth, hate and web 2.0” in the Vienna offices on suspicion of re-engagement (on the inter- Hofburg in 2010. In 2012 ZARA contributed with an net). A report can also be made at any police station. article about Cyber Bullying to the human rights re- http://www.bmi.gv.at/cms/bmi_verfassungsschutz/ port of the League for human rights. meldestelle http://www.inach.net
DÖW – Documentation Centre of Austrian Insafe Resistance Insafe is the European network in which all the natio- The Documentation Centre of Austrian Resistance nal awareness centres (for example, Saferinternet.at in (http://www.doew.at) is a foundation supported by the Austria) work together on solving and raising aware- Republic of Austria, the city of Vienna and the Verein ness in the context of the Safer Internet Programmes Dokumentationsarchiv. It is a scholarly institution en- of the EU. Insafe links the national initiatives together gaged with subjects including resistance during the at the European level and promotes the exchange of Nazi period, Nazi crimes, the Holocaust, restitution, information and approved measures. and right-wing extremism since 1945. The DÖW staff collects current cases of right-wing extremist attacks, Saferinternet evaluate them and provides information via various Saferinternet is an initiative which will be implemen- media and their own publications about the deve- ted on the basis of the Safer Internet Programmes, lopment of the right-wing extremist scene in Austria. and which, together with the groups ‘Stopline’ and http://www.doew.at ‘147 council to wire’, form the “Safer Internet Cen- INACH – International Network Against ter Austria”. The initiative will be coordinated by the Cyber Hate Austrian Institute for applied Telecommunications (ÖIAT), an independent charitable organisation. Sa- The international network against cyber hate encom- ferinternet has set out to support children, youth, passes 21 organisations worldwide, in which ZARA is parents and teaching staff in dealing safely, compe- the organisation which represents Austria. INACH has tently and responsibly with digital media. The main set the goal of creating a forum for the development focus is on studies, informational materials, concepts, of cross-border solution approaches through the assessment and advise in the domains of safe inter- creation of authoritative network structures. INACH net and mobile phone usage, as well as e-learning. contributes towards a continuous exchange of expe- http://www.saferinternet.at
58 cyber hate · Take action – an overview of all registration and help centres
Stopline the framework of the Safer Internet Programmes of the EU and is financially supported by nic.at (central Stopline is an online registration point which internet domain registration office). It is a member of INHO- users can turn to and where they can report content PE (International Association of Internet Hotlines). that is constituted as child pornography according to http://www.stopline.at the § 207a of the Austrian Penal Code or as national- socialist re-engagement according to the Austrian Pro- Stopptdierechten (Stop the far-right) hibition and Representation Act. Content that violates the Austrian legislation will be reported to the respon- Stoppt die Rechten (Stop the far-right) is a website that sible authorities and Austrian law enforcement bodies, mostly deals with the topics of racism, right-wing extre- who will inform the Austrian providers affected as well mism and anti-Semitism, and among others conducts as foreign partner hotlines operating under INHOPE, a a registration form for racist and right-wing extremist network of hotlines against illegal content on the in- statements on the internet. The platform was initia- ternet. These agencies will then try to remove the con- ted by the Green Party (Green education workshop). tent as quickly as possible. Stopline will assist within http://www.stopptdierechten.at
59 Migration and the Job Market · Worse jobs and lower salary despite qualification
Migration and the Job Market Worse jobs and lower salary despite qualification
In 2011, the employment situation of people with immigration backgrounds in Vienna was surveyed in a major study carried out by the Vienna Chamber of Labour (AK) (➞ Infobox). The results were in many points predictable, but in others also surprising and sobering, according to the analysis by Zohreh Ali-Pahlavani of the Vienna Cham- ber of Labour. The social-worker and immigration manager is responsible for immigration and integration policies within the Vienna Chamber of Labour. Moreover, she is a member of the equal treatment commission (➞ Glossary) and lectures at the FH-Campus in Vienna on Social Work.
On the one hand, the study verifies very distinctly the ethnic diversity of the actively employed workers in Vienna, and on the other hand it also does away with some long-standing prejudices on some points. Indeed, the study shows that a higher than average proportion of immigrants have at maximum a com- pulsory school leaving certificate, yet it also shows that a very high percentage also possess an academic degree. The detailed results stand in complete oppo- sition to commonly expressed opinions. For example, women from certain Muslim countries, i.e. Iran or the United Arab Emirates, are actually much more likely to possess an academic degree than the average person.
At the same time, disadvantages which immig- rants face on the job market are pointed out: Above all else, a significantly higher degree of unemploy- Zohreh Ali-Pahlavani
Erwartungen von MigrantInnen an die Nostrifikation, Quelle: L&R Sozialforschung
60 Migration and the Job Market · Worse jobs and lower salary despite qualification
ment, under-qualified professional use, below ave- rage income and a lack of training opportunities are Study “Employment situation of people characteristic. Lack of qualifications, language defici- encies and employment in unstable segments of the with immigration backgrounds in Vienna” job market are surely some of the causes. The face that 2,000 people with immigration backgrounds from 11 different regi- they have difficulty competing in the field of promoti- ons of origin and 300 non-immigrants, as a reference group, were on with others with equal qualifications in more ups- surveyed for the Chamber of Labour study, “Employment situation cale areas of employment and of finding employment of people with immigration backgrounds in Vienna”. Additionally, 90 that matches their level of qualification also points to interviews with members of the Kurdish and Roma/Romni minority direct and structural discrimination. This is also very groups were also carried out. The study indicates severe discriminati- noticeable in public administration. There, first and on against immigrants in the Viennese labour market. second generation immigrants are underrepresented. Indeed, this is because there are institutional barriers Principal findings of the study are: to entrance here. There is, therefore, an especial need for action in this area. Intolerance, social inequality, • People with immigration backgrounds are more likely to be un- prejudice and discrimination are significant threats to employed. Turkish people, people from Arabic countries and people social peace and societal cohesion. Successful social from Africa are the most severely affected. interaction between the various groups of society is a prerequisite for the positive development of said soci- • Immigrants display an above average percentage of academics, ety. This interaction, however, can only be successful if people who have a school-leaving certificate and who are part of a the equality and equal treatment of all groups is gua- skilled-labour force. But the group also shows a high percentage of ranteed as much as possible, and if we frequently att- people who have only completed their compulsory schooling. empt to re-initiate or continue the dialogue. For this • Immigrants’ occupations vary drastically based on origins: People purpose, politically inclusive approaches are needed, with Turkish or Philippine backgrounds are more likely to work in the that seek to overcome the structural disadvantages help and education sectors, whereas people with German or Iranian and further expand the equal treatment law as well as origins are more likely to be employed in jobs requiring high quali- its enforcement in legal reality. Only in so doing will it fications. A third of immigrants assess their level of employment as be possible to achieve long-term prosperity and social lying under their actual qualification level. This discrepancy is espe- peace in our society. cially noticeable with people from the Philippines and from Africa. The rate for non-immigrants is significantly lower, about 10%. • A third of immigrants have completed their education abroad. However, the recognition of academic certificates does not result in the desired advancement and career opportunities. • Immigrants (especially women) are often employed part-time and also have special working hours (above all weekend and holiday work). • 2/3 of immigrants feel somewhat to very encumbered by psycho- logical, physical and/or social factors in their working lives. However, immigrants seldom state that they are discriminated against in their working lives. • Immigrants do not have the opportunity to participate in further training in regards to jobs or the job market as often as non-immi- grants. • All in all, the study shows that structural discrimination is very marked in the Vienna labour market. The differing treatment of peo- ple with the same qualifications who come from, respectively, an im- migration background and a non-immigrant background cannot be plausibly explained in any other way.
61 Introducing · Christian Reder, founder of the RD Foundation in an interview
Introducing Christian Reder, founder of the RD Foundation in an interview
Ingrid and Christian Reder do not wish to relieve themselves of their responsibility to Austrian politics with their social and cultural involvement, quite the opposite - the work of the RD Foundation Vienna is intended to instigate a critical examination of the current subsidies and cultural politics in Austria. Starting with the platform “transfer- projekte-rd.org”, the couple founded the RD Foundation Vienna in 2011 and support socio-political, artistic and cultural initiatives in Austria and internationally.
ZARA: Where does the commitment to your foundation ZARA: You have chosen the issues of “human rights, im- come from and what goals do you pursue with it? migration, asylum and the reinforcement of civil society Christian Reder: Refugee and human rights have oc- infrastructure” for your main financing for 2011 to 2013. cupied my wife and I almost our whole lives. The be- Where does the special commitment to human rights ginnings of our work lie about 30 years in the past and come from? are rooted in cooperative projects for Nicaragua and Christian Reder: When one looks at the current events in long-standing assistance to the Austrian Help Com- in the world, “human rights” and “women’s rights” are mittee for Afghanistan, whereby we were not very priority number one. Despite many projects abroad, present in regards to this in Vienna itself. We were, Vienna has remained our place of residence and, truth however, always involved in the areas of arts funding be told, the ever narrower social climate and level of and sponsoring, one reason certainly being due to xenophobia here can easily make you despondent. our 20-year employment at the Vienna University for We attempt to combat these phenomena through Applied Art. As well as artistic projects, we also sup- our projects. For us it is about an explicit liberal - not port many publications. I have published around 30 neo-liberal! - democracy, that is constitutional, obser- books and provided the financing for many of them, ves human rights, broadens chances, fights against as no profits were expected. Authorship without nota- xenophobia, and offensively grants asylum. That is ble proceeds is often viewed as an irrelevant “hobby”, why I made contact with ZARA very early on, because which says something about the status of culture and the organisation is involved in exactly these areas. scholarship in this country. Even then we did not want to just support tenacious- ly presentable projects, but to strengthen the entire ZARA: The RD Foundation Vienna arose originally out of infrastructure: Thus the decision to finance a new and the platform transferprojekte.at, which already suppor- adequate office for ZARA. We have recently done the ted research projects and socio-politically and culturally same for Amnesty International. A civil society needs relevant initiatives. How did this development come partners for its structures as the basis for project diver- about? sity. Therefore we do not see ourselves as “sponsors”, Christian Reder: At first we did not want to found a for- but as financing partners that make things possible. mal foundation - an internet platform was enough. It was, however, always our plan to establish a solid foun- ZARA: Are you currently cooperating with other found- dation after an experimental period. This came about ations? in 2011. We intentionally stay in the background. You Christian Reder: Even though we fundamentally work will not meet us at any sponsorship dinners. We advo- autonomously, there was a recent cooperation with cate an enlightened civil society, in which one does the Erste Foundation (First Foundation), with which not assign an exaggerated importance to him/herself. we financed a book about the highly impressive me- For example, in Hamburg it is considered good form morial sites created by Bogdan Bogdanović in the for- to deal with inheritance responsibly and to give por- mer Yugoslavia, which will be published by Friedrich tions of this to charitable organisations. In Hamburg Achleitner in autumn. Furthermore, a co-operation alone - as a positive example - there are over 1,000 with the AVL-List-Foundation in Graz is being initia- social and cultural foundations. ted, which would get me involved with its very coura- geous art and scholarship projects.
62 Introducing · Christian Reder, founder of the RD Foundation in an interview
ZARA: In your work as a foundation, where do you place ZARA: In your opinion, what needs to change in current great value and what do you plan to focus on for the private foundation law? next few years? Christian Reder: Our tax consultants firmly say: We Christian Reder: Human rights will definitely remain a have long needed a new, comprehensive law. Howe- crucial part of our initiatives. What is very important ver, all initiatives to this end have been sandbagged. to us, however, is a basic trust in the organisations and Currently, only projects without a tax burden can be responsible people with whom we work. It is not our sponsored, projects that are “immediately charita- intention to sponsor everyone equally. We support or- ble”. The RD Foundation Vienna is indeed a registe- ganisations and people who we know or get to know red charitable foundation, however, it loses its fiscal in discussions, and where we know that reliable work status as “charitable” if all of its projects do not meet will be done. It must be noted that unpleasant things these regulations and will then pay, as all foundations happen in international NGOs and philanthropic or- do - whether charitable or not - a tax of 25% on such ganisations and large sums of money are funnelled grants. A quarter of the earmarked funds, therefore, towards advertisement and administration. One of do not benefit the intended purposes! That is sociolo- our primary concerns is that money is used as me- gically and culturally-politically grotesque. This imba- aningfully as possible. lance is also entirely clear to the Austrian Association of Private Foundations (VÖP), but so far no political ZARA: A large proportion of the 3,400 private founda- party has taken offensive action to change this law. tions founded since 1993 pursue purely financial purpo- Evidently, a fiscal mistrust thence dominates, whe- ses and use the foundation model as a tax-protecting re it is declaredly about “good will”. The current legal alternative. How do you feel about them? position is reasonably regulated, in order to enable Christian Reder: There is a purely financial and tax- an appropriate differentiation of funding purposes. saving debate going on in Austria on the topic of “foundations”, that irritates me very much as a citizen because socially and culturally engaged foundations are becoming an exotic minority. We want to counter- act this perception with our foundation so that we can strengthen charitable contributions. An inherently po- sitive aspect of foundations is that they can withdraw from private interests as legal entities. A foundation The RD Foundation Vienna - a contribution creates a precise legal framework, for example to be able to proceed according to certain rules in questi- to civil society ons of inheritance in families and in large companies. IFounded in 2011, the RD Foundation Vienna supports socio-politi- As a consequence, financial foundations are a prudent cally, culturally and/or artistically relevant initiatives and projects as device, as they create a transparent form rather than a private charitable foundation. This includes the funding of infra- convoluted investments. Only recently, the talk in structure, events, and publications, as well as assistance for indivi- Austria has been of cover-up excesses, which is a high- duals in emergency situations. The initials “RD” stand for “research, ly destructive side effect. The 1993 foundation law led development and human rights”, which are accordingly substantial by the Social Democrat finance minister, Ferdinand focuses of the foundation’s work. The main focuses for 2011 to 2013 Lacina, was intended to make Austria more attractive are projects concerning human rights, immigration, asylum and the as a place for wealth and enterprise. The government strengthening of civil society infrastructure. In the selection pro- was very successful in this. What I criticize the govern- cess, the project content as well as the chances of implementation ment for is that certain social implications were not and the working practices of the people or institutions involved are likewise written into the laws, so it would be easier for primarily considered. Most projects, however, cannot count on ade- foundations to pursue charitable social purposes. In quate financial support because of their objectives and content, and the USA, all the large universities from Harvard to Ber- therefore do not seem feasible. Through the foundation’s contribu- keley, which rank among the best universities in the tions, more should become possible. world, are financed by foundations. Considering this, Since its founding, the RD Foundation Vienna has supported diverse we are lacking in our potential. I am also not for such projects, including ZARA, the Ludwig Boltzmann Institute for human blatant privatization. It is, however, unreasonable, that rights in Vienna, Amnesty International, the Integrationshaus Vien- these legal barriers hinder the growth of such com- na, the Dublin Project, the Hemayat Association, and has made the mitment in Austria. publication of many books possible thanks to its contributions. It is important to the foundation’s managers, in the person of Ingrid and Christian Reder, to have personal contact with those responsible for the projects and to maintain a certain basis of trust.
www.rd-foundation-vienna.org
63 Introducing · Christian Reder, founder of the RD Foundation in an interview
Football associations, who do not want change due Haider era. This is becoming even more intolerable, as to their fiscally accepted work with young talent, are it is the perfect playground for the increasing circula- the strongest lobbyists for the status quo. This inde- tion of tabloids like “Krone”, “Heute” and “Österreich”. ed coincides with the contextual priorities of sports Newspapers which politics hardly perceives as quality funding, Olympic committees, Lotto, Toto and casino media. All the Austrian parties, with the exception of funds… the Green party, visibly look to this prevailing yet ulti- mately hollow mood in the center, an area into which ZARA: 2013 is an election year in Austria, in which the right-wing extremists have easily integrated themsel- FPÖ is once again expected to make strong and aggres- ves. During Kreisky’s time, the FPÖ was much more sive use of xenophobic issues. How do you perceive the moderate; the incessant hate placards and demands current mood in Austria? for deportation did not exist in those times. Such Christian Reder: It is depressing to see how much an developments are definitely an issue that connects anti-liberal, disgruntled, xenophobic mainstream has ZARA’s work with our own commitments. Ultimately, got closer and closer to the centre of society since the it is a question of self-understanding.
64 Elections 2013 · Down and dirty or clean politics – messages and methods in the election campaign
Elections 2013 Down and dirty or clean politics – messages and methods in the election campaign
Election campaigns employ again and again racist, misanthropic and divisive rhetoric. Rhetoric that apparently brings votes. In Austria, in several regional elections as well as the battle for a majority in the national council, some parties may slip into making racist remarks, and start looking for votes in the xenophobic segment of their constituency.
Slogans such as “Asylum fraud means a flight home” protest camps of asylum seekers at the Vienna Votiv- (national council elections 2008), “The western world kirche. This gives a hint that the upcoming elections in Christians’ hands” (EU elections 2009), “Home could makes strong use of xenophobic rhetoric. When instead of Islam”, “The Lord stays in his own house”, one recalls the results of the last national council elec- “More courage for our Vienna blood. Too much for- tions (2008), it catches one’s eye that the right-wing eignness doesn’t do anyone any good” (Vienna 2010) populist as well as right-wing extremist parties to- or “Patriotism instead of Moroccan theft” (Innsbruck gether gained 28.3% of the vote. Above all, the FPÖ 2012) give us a taste of what we can expect in the su- scored points with those under 30 years old in 2008. per election year 2013. The above examples of slogans The percentage of votes for the right-wing camp va- used prove, in any case, that election campaigns make ried for the national council in 2008 depending on the use again and again of racist, misanthropic, inflamm- survey and institute and totalled together between atory and/or divisive rhetoric and thereby spread 38% (SORA) and 43% (GfK). In both accounts, the FPÖ, correspondingly negative messages. Add to this the tallied alone or together with the BZÖ (at the time un- repetitive connection made between “foreign” and der Haider), received the most votes in this age group. “criminal” (“asylum abuse”, “criminal asylum seeker”), This result is somewhere between concerning and from “socially needy” with “criminal” (“social abuse”) as alarming. well as hostility toward institutions that work in the- It is worth taking a more precise look at the num- se areas (for example, Amnesty International or SOS bers. SORA, the Institute for Strategy Analysis, and Mitmensch as “asylum mafia”). Advertisements were the political scientist, Dr. Ulrike Kozeluh, conducted made earlier this year where the talk was of “forced a post-election study in 2008 among the voters bet- feeding, custody and deportation” in relation to the ween 16 and 18 years old. Within this group, the ÖVP
Graphic 1: Voting behaviour NRW 2008
“Voting behaviour based on age and sex” SORA, Ulrike Kozeluh and the Institute for Strategy Analysis (2008): Election analysis 2008.
65 Elections 2013 · Down and dirty or clean politics – messages and methods in the election campaign
Graphic 2: Young voters at the NRW 2008
“Election question for 2008”/pg. 67 SORA; Steve Schwarzer / Martina Zandonella / Eva Zeglovits, SORA; Flooh Perlot, Institute for Strategy Analysis (ISA) and Ulrike Kozeluh (2009): Young voters at the national elections 2008.
1Source: Zeglovits, Eva et. al.(2009): Young voters at got the most votes (22%), followed by the FPÖ (18%) “resentment/rejection of other parties”, “fresh air” or the national council 2008. and the Green Party (14%). The SPÖ was the fourth “against big coalitions” alongside the normal issues Vienna: SORA/ISA/Ulrike Kozeluh. strongest party with 12%, whereas the BZÖ suddenly (like “against asylum abuse”, “a stop to immigration”
2 Source: : Zeglovits, Eva got 6% of the vote in this age group. There are cer- or “tougher foreigner policies”) and brought the FPÖ et. al.(2009): Young voters tainly large disparities within the “group” of 16-18 its corresponding growth (representative election at the national elections 2008. Vienna: SORA/ISA/ year olds, as far as voting behaviour goes (see graphic survey GfK 2008). The motive “tougher foreigner po- Ulrike Kozeluh. 2). According to this exit poll by SARA, many young licies” remained clearly in first place. With its combi- people in Austria are unsatisfied with the political es- nation of xenophobic, inflammatory messages on the tablishment; young voters do not feel well represen- one hand and its positioning as a protest, “fresh-air”, ted by the members of the government and parties, and youth party on the other hand, the FPÖ clearly and also feel that there is a large perceived distance succeeded in gaining a considerable percentage of between themselves and the established parties. In- votes. At the same time, there has been an apparent deed, doubt reigns whether the selection of parties, and continuous increase in swing voters in the natio- the democratic system itself and the meaningful- nal council election in the last few years. In 2008 the ness of elections is positively valued. 2013 promises, FPÖ and BZÖ above all others were able to generate therefore, to be very interesting, as there will be a lar- the biggest increase in votes through these swing ge selection of parties and lists, including some new voters. The relative strength of the right-wing par- ones. These parties include the Pirates, the socialist ties is reflected in another survey as well. The (west) left party, the KPÖ, Team Stronach, NEOS - the new European Wertestudie (values study), which was pu- Austria in Union with the young liberals, the Mutbür- blished in book-form in 2011, and in which Austria ger (courageous citizens), the Wandel (change), the has participated since 1990, shows that Austria is a center party Austria, the men’s party, the Christians, frontrunner in the so-called “Antipathy Index towards the liberal forum, and many more. All of these will of Immigrants”. This, in a country where the 2013 state these new parties will give the dissatisfied voter an elections and the national council elections have, or even greater chance to send a clear rebuff to the po- will take place. This indicates the proportion of those litical establishment. If one looks back at the national surveyed for whom the “immigrant groups” are un- council elections of 2008, of the 14 parties that ran, desirable. The study shows that Austria has achieved, only five of them reached the 4% threshold. It is there- by far, the highest score in rejection of immigrants, fore questionable whether some parties will succeed minorities and marginalized groups/people catego- this year. The election motives for the entire electo- rized as “foreign”. France received the lowest score in rate of the FPÖ and BZÖ in 2008 included primarily this category. This study should be interpreted with
66 Elections 2013 · Down and dirty or clean politics – messages and methods in the election campaign
due caution, but it does seem to reflect a mood that ned many votes in the last elections, especially from can be used as a starting-point for right-wing popu- people under 30 years old and also from workers by list and right-wing extremist agitation. This agitation stirring up fears through the construction of a sub- is characterised in its public sentiments by the short jective, threatening scenario that comes “from out- and medium term effects of the euro area debt cri- side” - whether it be from the European Union, from sis (“depression”), by various corruption scandals, eastern Europe/Africa/or the like, from “parallel socie- by growing uncertainty and by scepticism toward ties” or simply through “globalization” as well as the established party politics. This agitation offers an rhetorical and discursive connection of “foreign” with alleged solution through the collective denigration “imminent danger”. Solutions that cope with social of a discursively constructed group of people. Such change rarely appear. In Austria in 2011, 18.9% of the solutions, combined with slogans of “national pro- people living here had an immigration background tection” or “homeland protection”, seem particularly and around a million of them are not or are only parti- attractive to young people in their insecurity relating ally eligible to vote (➞ article ‘Right to Citizenship pg. to unemployment or social advancement. The FPÖ 71’). The upcoming elections would be a good op- has positioned itself as the party that most closely portunity for all, politicians and voters alike, to clearly represents the interests of young people. In terms position themselves against racism and xenophobia of election techniques, this means that the FPÖ gai- and thereby to cast a clear vote for inclusive society.
graphics: derStandard.at
data: Sieglinde Rosenberger/Gilg Seeber: Kritische Einstellungen : BürgerInnen zu Demokratie, Politik, Migration, in: Regina Polak (Hg.): Zukunft. Werte. Europa. Die Europäische Wertestudie 1990 – 2010: Österreich im Vergleich, Wien 2011
67 Elections 2013 · Clean politics – my voice against racism
Clean politics – my voice against racism
The clean politics campaign by ZARA has made it its goal since 2006 to raise public awareness of racist discourse in election campaigns and to prompt political agents to run political campaigns free of racism. Furthermore, the campaign condemns election campaigns which include linguistic and stylistic exclusionary mechanisms on the backs of ethnic/religious minorities and/or immigrants.
The clean politics campaign’s concrete demands:
• to omit racist statements in political canvassing, • not to misuse politically necessary discussions on topics such as im- migration, integration and/or asylum for the reproduction of racist prejudice; • to actively fight racism in the political field, also strongly within po- litics, which functions as a role model and has an inclusionary func- tion in society. Along these lines, clean politics wants to make trans- parent where and how each individual candidate for election stands on the important issues in their campaigns, in order to support vo- ters in their decision making before the election. Election campaig- ning is a time of political contentions. In a democracy, therefore, controversial topics can and need to be discussed. These discussions, however, should not take place in a misanthropic, inflammatory or discriminatory way. In this respect we are already forewarned by the experiences of past election campaigns, as well as the public appea- rances made by political agents, for example on social media plat- forms, in the context of election events or through election placards. “Clean” politics is therefore a key sentiment, a central requirement for many agents in civil society, whether it be from individuals or or- Investieren Sie über respekt.net in die ganisations. The clean politics campaign concentrates on this point Transparenz der Politik! Ermöglichen and thereby dedicates awareness to a specific aspect of politics: the public appearances of politicians. It is therefore important in the Sie mit Ihrer Spende die Umsetzung upcoming elections to be alert to those political forces which want der clean politics-Kampagne! to mislead voters through fear mongering and constructed (false) enemy stereotypes. This practice seems especially cynical because it is often staged on the backs of many other people who themsel- ves are not eligible to vote since they have a different citizenship. www.cleanpolitics.at The campaign will be financed by the crowdfunding site respekt.net. Contributions are possible at www.respekt.net
68 Elections 2013 · Respect! To differ together
Respect! To differ together
A German-Austrian youth education project for practicing diversity, active participation and mutual respect! According to the results of a representative survey, racist and anti-democratic prejudices have arrived in the middle of society and consequently influence the development of such views among young people. Important pre- vention work is carried out by the German-Austrian cooperation project of ZARA, the litigation association of NGOs against discri- mination, the German national agency of the EU youth program “Youth in Action” and two other German partner organisations. The goal of the project “RESPECT! To differ together” is to ques- tion anti-democratic attitudes through discussion with young people from early on, and to support them in forming a positive perception of a culturally diverse society that is an everyday reality and is respected. The topics are diverse and include mutual respect, human rights, diversity, tolerance, discrimination, fostering an understanding of democracy, getting to know one another and learning to use participation opportunities in one’s own environment. Another important point is the meaning of elections, using the example of the 2013 national and state elections. The project is broken down into three phases; two will take place in Thüringen and one in Vienna and the surrounding area (3/6.-21/6.2013). In the course of the project, the bi-national leadership team trains Austrian and German students in Weimar (Germany) to use the peer education approach to conduct projects with 13-16 year-olds who are in need of assistance. Furthermore, the young people are addressed in their immediate learning environment - the projects take place in middle schools, high schools, polytechnic schools and youth centers.
Why peer education?
Peer education is based on the hypothesis that a spe- cial level of interaction develops between peers (of the same age) that makes it easier for young people to remain open for, deal with and critically question cer- tain topics. This relationship is characterized by a lack of hierarchy, trust, an anxiety-free (or casual) atmos- phere and a similar language. According to studies by the Institute for youth culture research, young people who are critical of training measures and who have discontinued support from social workers can also be reached,. The special thing about “Project RESPECT! To differ together” is that the team members (students from Austria and Germany who are trained at the be- ginning of the project as multipliers) are already ac- tively involved in the planning and organising of the project. These methods were much appreciated by the participants in past projects: “It was a deciding fac- tor for me, that the people who talked about politics and explained things were our age. (...) That made the Sophie Glaser is a project co-worker for the German- topic much more interesting.” Austrian Youth Education Project “RESPECT! To differ to- gether”. She recently finished her studies in cultural and How the project proceeds social anthropology, during which she completed an internship at ZARA, gave tutoring at the Romano Centro The project days are led by team leaders, who are and led seminars at wienXtra. divided into teams of 3-4. They mostly develop the
69 Elections 2013 · Respect! To differ together
content design themselves. They are supported by developed content input about the main topics of the leadership team in the form of materials, methods the project. The goal was to build on and augment and input during the preparation seminars and they existing knowledge. International exchange between are pedagogically accompanied during the different students from the partner countries should not be phases. The content and methods are participant- short-changed, because despite having (almost) the oriented and are adapted to the needs, suggestions, same language, significant differences can be found positions and living environments of the participants. between Austria and Germany. In the context of an At the end of every project day, podium discussions interactive geography tour, the team leaders-to-be with politicians take place. Young people should thus got to know the political systems, the linguistic par- get the chance to be heard by politicians and therefo- ticularities, the provinces and the education systems re become motivated to participate politically. of their respective partner region. The feedback round showed that both leadership teams and students What has happened so far were consistently satisfied and are looking forward to the first project phase. “RESPECT! To differ together” began on 15/11/2012. Both preparatory seminars, in which 29 students from Project phase in Austria: 3. – 21. June 2013 Thüringen and Vienna participated, were successful- http://www.gemeinsam-verschieden-sein.eu ly ended and preparations for the first project phase are running at full speed. In the first seminar, students
70 Elections 2013 · Right to citizenship and the world of today
Right to citizenship and the world of today
Citizenship does not just decide who is allowed to vote on what levels in Austria, but also who can decide about inclusi- ons and exclusions in what areas. A guest article about structural discrimination. Volker Frey, Secretary-General of the litigation organisation of NGOs against discrimination
Daily citizenship - The work of the litigation organisation of NGOs against discriminati- on
Citizenship belongs to the most self-evident and normal rights that we possess - as long as it is Austri- an citizenship. Those who do not possess it are conti- nuously reminded of the fact: either when acquiring citizenship or in access to services which are reserved for citizens. Austria belongs to the countries in which many services are traditionally tied into citizenship. Austria has already promised in the past internatio- nally – within the framework of the EU and internatio- nal agreement such as the Geneva Refugee Convention (GRC) – to treat certain citizens of other countries and stateless people equally. These commitments can be Volker Frey found in multi-national treaties, bilateral agreements or in EU law. The result is that there are many gradations in legal status (➞ Infobox rights). In recent years people in certain areas of life have been awarded Austrian citi- zenship on the basis of extended residency and regular employment (long-term right of residency) or because of persecution in their native country (recognised refu- gees) (➞ Infobox, next page). These rights are still fre- quently factually disputed. Some examples: Using the commuter aid program of the province Lower Austria, people who have to commute from home to work and therefore have financial expenditures related to this are subsidized. It is a matter of a subsidy for the costs of the commute. On the website and the form it does not state though, that these services are given on the basis of citizenship. Commuter aid should be accessib- The principle of equal treatment for long term third-country native le to all people who work in Austria and therefore pay residents and recognised refugees refers – along with the protected taxes. This does not arise just from general equity con- right of residence - among other things to siderations (who pays should get something out of it), but also for long-term third-country national residents • access to self (and other forms of) employment, by EU law. The litigation organisation of NGOs against • general and vocational education, including scholarships and edu- discrimination brought legal action for a Turkish citizen cation subsidies, who has lived and worked in Lower Austria for deca- • the recognition of job qualifying diplomas according to the rele- des and does not receive commuter aid. The support vant national proceedings, for children of school age between 6 and 15 years old should be ensured by the Tyrolean start of school aid • social security, social aid and social protection as defined by nati- for families. This aid is only disbursed if the child and onal law, his/her parents, with whom the child lives, are Austri- • tax benefits and an citizens. Long-term third-country native residents • access to products and services and to procedures for receiving should also be treated equally in regards to the start housing. Austria can also expand the equal treatment to other areas. of school aid program. The litigation organisation of However, there are further exceptions which have not yet been deci- NGOs against discrimination supported a father in the ded on by the jurisdiction. enforcement of his entitlement to this aid in this case as
71 Elections 2013 · Right to citizenship and the world of today
well. In the racism report from the previous year (2011), What meaning should citizenship have in access to public housing was discussed, which is also the 21st Century? often regulated on the basis of citizenship. Despite the above-mentioned acceleration of the rhythm of life, globalization and the fact that more Discussion of citizenship people emotionally and economically possess more The discussion on citizenship, which is current and than one homeland, the principles of citizenship are recurring since many years, regularly omits such ques- not up for discussion in Austria. tions. Instead, the question is how many years some- one must live and work in Austria in order to acquire • Citizenship will be acquired through descent from an citizenship. In international comparison, the acqui- Austrian citizen (ius sanguinis) and not through birth in sition of Austrian citizenship is tied to high hurdles. Austria (ius soli). Third-country natives can file a petition after ten years • Dual-citizenship should be avoided, justified on the – which is then arbitrarily decided. Legal entitlement basis of avoidance of conflicts of interest (compulsory to citizenship first begins after thirty years living here. military service!). Thus is the fiction upheld, that each At the very least, this time limit should be lowered; vo- person can only have a close relationship with one coun- lunteer work could be carried out during the period try, which citizenship justifies. when an individual is beginning to earn a living here. • The family unit should also be reflected in citizenship. Other changes currently being discussed include the long overdue conformation of the rights of illegitima- te children. It is obvious that the time limits related Perspectives to the acquisition of citizenship are, in this day and The above mentioned contradictions that arise age, disproportionately long. The planning horizon of through rapid societal developments (in Austria, Eu- governments, businesses and workers is most often rope and globally) and an essentially rigid citizenship much shorter. Many people have changed residences must be discussed constitutionally. There is much to and jobs multiple times during this time period and be said for a paradigm shift. In the short-term, the the question of whether they have crossed national discriminatory effects of a restrictive citizenship can borders or not is often of a random nature. An increa- be mitigated without complicated constitutional dis- sing percentage of people commute steadily between cussions. As shown above, the equal treatment obli- two or more places of residence and workplaces. gations of the Austrian state affect many third-coun- try natives extensively. In business, civil law does not differ fundamentally based on someone’s passport. If any unlawful discrimination occurs, it constitutes discrimination according to the equal treatment law or the anti-discrimination law of the federal state in- volved – it is called structural discrimination. On the basis of the variety of affected areas and people, indi- vidual legal actions can only marginally affect change. Regional politics that are oriented toward equality and that follow existing law can have a huge effect against such discrimination, without the law or even Austrian citizens enjoy the most comprehensive legal protection and the constitution having to be changed. Whether citi- the most rights. EU, EWR and Swiss citizens are on equal terms (Ex- zenship as a requirement for participation in elections ceptions: suffrage, access to “sovereign” civil service). is a good idea must be discussed separately. Howe- ver, that is another discussion which was initiated in Further differences exist here as well. Access to the labour market Vienna ten years ago and terminated in 2004 by the for people from the new EU-states will be granted in stages. There constitutional court. exist association agreements with some countries, that in some are- as – generally work, education and access to certain social benefits – provide equal treatment. All other people will be identified as third- country natives. Among these, the GFK and EU law distinguish bet- ween two groups in particular: people who are long-term residents or those who are recognised as refugees. They can invoke, based on EU guidelines, extensive, detailed and generally held principles of equal treatment (➞ Infobox pg. 71).
Furthermore, equal treatment can still be granted on the basis of bi- and multinational treaties.
72 Glossary
➞ Glossary In alphabetical order
Aktion gegen den Antisemitismus means the whole sentence is carried out in within a (Campaign against anti-Semitism) set time period. The campaign against anti-Semitism (http://www. gegendenantisemitismus.at/) is an independent, non- Beleidigung partisan organisation which, among other things, do- (Insult) cuments anti-Semitic incidents. The insult is a punishable offence according to Para- graph 115, Sub-paragraph 1 of the penal code and Anerkannter Flüchtling is defined in the following way: “If someone publicly (Persons granted refugee status) insults, ridicules, bodily mistreats or threatens bodily Persons granted refugee status are people who have harm to another person, then they are to be punished been granted asylum in Austria. They receive a right with a custodial sentence of up to three months, or to permanent residence, a refugee travel document with a fine, to be paid within 180 days. This is if the per- from the Austrian authorities and free access to the son in question has not been punished with another, job market. They have the same rights as Austrians harder punishment.” A qualified insult is, according to (i.e., they have access to unemployment and social as- paragraph 117, sub-paragraph 3 of the Austrian Penal sistance, housing, benefits, council housing, etc.). Re- Code, when one person insults another because “they cognised refugees can receive citizenship faster than belong to a different church or religious community other people. or also if they belong to a different group based on the criteria of belonging to a race, skin colour, langua- Antidiskriminierungsstelle der Stadt Wien ge, religion, world-view, citizenship, origin, national or (Anti-Discrimination Agency of the City of Vienna) ethnic heritage.” The insult is understood to be “mis- The Anti-Discrimination Agency of the City of Vienna treatment, the threat of mistreatment, an insult injuri- advises victims of discrimination according to the Vi- ous to someone’s dignity or the ridiculing of the other enna anti-discrimination law and initiates arbitration person.” This is a prosecutable offense, and not a mat- proceedings at their request. If an amicable agree- ter for a private law suit. The insulted person can send ment cannot be reached within the arbitration pro- a written warrant to the public prosecutor, indicating ceedings, then the victim can assert their claim before that this offense is to be prosecuted. The victim does the court. A precondition to this is a confirmation that not run the risk of court costs, in contrast to when the the claimant has availed themselves of arbitration matter is a private law suit. proceedings. Belästigung Antidiskriminierungsstelle Steiermark (Harassment) (Anti-Discrimination Agency Styria) Harassment represents a form of discrimination whe- The Anti-Discrimination Agency Styria is the initial re a person is harassed based on one or more of their contact point, clearing and advise centre for victims real or attributed characteristics (such as skin colour, of any kind of discrimination. They also inform the religion, gender or sexual orientation), and where the victim about possible courses of action, give advice harassment is injurious to their dignity. via the relevant offices or, when this is not available, offer advice themselves. They are also a monitoring Bezirksverwaltungsbehörde (BVB) station for discrimination and are working to build an (District administrative authority) anti-discrimination network in Styria. The district administrative authority (BVB) is basically the district authority, or the municipality (in towns Bedingte/teilbedingte/unbedingte Strafe and cities with their own statutes, in Vienna the indi- (Suspended sentence/Partially suspended sen- vidual municipal district authorities take on this role). tence/Unconditional sentence) Many BVB duties are carried out by federal police di- A suspended sentence means that the condemned rectorates, when the case falls within their sphere of person will not be convicted and is therefore paroled. action. The district administrative authority generally Parolees are given a probationary period by the court, has primary responsibility for disciplining those ac- during which they may not commit any criminal of- cused of abuse of power. fenses. If this is the case, then the parolee is conside- red to have completed his or her sentence. Should Bundesamt für Verfassungsschutz und Terroris- they commit any criminal offenses, then the court musbekämpfung can rescind the probationary period. A partially sus- (The Federal Office for the protection of the consti- pended sentence means only part of the judgment is tution and counterterrorism) (BVT) carried out on probation. An unconditional sentence The Federal Office for the protection of constitution
73 Glossary
and counterterrorism is a security office based in the Procedure Acts is an administrative provision ruling interior ministry. Its responsibilities include comba- that persons who subject other persons to unjustified ting extremism and other terrorist phenomena. The discrimination, for example because of their skin co- federal office and the various regional authorities lour, their ethnic origin or their religious denominati- therefore monitor the far-right scene in Austria and on or prevent them from entering premises or from investigate offences against the Prohibition Act (crea- obtaining services commit an administrative offence ted in 1947, aiming to suppress any potential revival punishable by a fine of up to 1,090 Euro. Said offenses of Nazis). It is possible to report neo-Nazi, racist or can be reported to the district authorities, or to the anti-Semitic content in the internet to the reporting municipal authorities in Vienna. centre operated by the office. Erschwerungsgrund Cyber hate (Aggravating factor) The term “cyber hate” describes the distribution of in- When considering the extent of the punishment in sulting, discriminatory, inflammatory and threatening court cases, judges have to decide whether to take the content in the internet. Social media is, along with so-called aggravating factor into account. This would, emails and website, being used more often for this for example, include a racist motive when committing purpose. a criminal offence. If this is the case, then the punish- ment has to be higher than if such a motive were not Diversion und Tatausgleich present (Paragraph 33, Austrian Penal Code) (Diversion and out-of-court offense resolution) Diversion is the option of avoiding carrying out a for- Forum against anti-Semitism mal criminal trial in court. After carrying out diversion The forum against anti-Semitism (http://www.fgawien. proceedings, which may only be carried out with the at) is an association based in Vienna which document agreement of the person suspected of wrongdoing, anti-Semitic attacks, offers support to victims of at- the criminal trial is irrevocably suspended and those tacks and provides information about anti-Semitism affected have no criminal records. Diversion includes in Austria. out-of-court offense resolution (Außergerichtlicher Tatausgleich, ATA), the provision of a trial period, Gefährliche Drohung doing community work, or the payment of a certain (Criminal threat) amount of money by the person suspected of wrong- According to Paragraph 107 of the Austrian Penal doing. ATA is carried out by the association Neustart, Code, a person who threatens another in order to where social workers use ATA to enable resolution cause them fear and unease is to be punished with a between victim and wrongdoer via mediation. This jail sentence of up to one year. can include payments of damages and a written ag- reement (between wrongdoer and victim) about fu- Gleichbehandlungsanwaltschaft ture conduct. The person who suffered injury must (The Ombuds Office for Equal Treatment) also agree to the ATA. Since January 2005, the Ombuds Office for the equal treatment of men and women in the world of work Dokumentationsarchiv des österreichischen Wi- has worked alongside the Ombuds Office for equal derstandes (DÖW) treatment in the working world irrespective of age, (Documentation Centre of Austrian Resistance) sexual orientation, ethnicity, religion, or world-view. The Documentation Centre of Austrian Resistance They also deal with discrimination based on ethnicity (http://www.doew.at) is a foundation supported by and sex in areas other than work (for example, when the Republic of Austria, the City of Vienna and the accessing goods or services). The Ombuds Office for Verein Dokumentationsarchiv (Documentary archive equal treatment is also responsible for advising peo- association). It is a scholarly institution engaged with ple who have been victims of discrimination and can subjects including resistance during the Nazi period, also create and commission studies about the situati- Nazi crimes, the Holocaust, restitution, and the far- on of discrimination in Austria. Incidents reported to right since 1945. The DÖW staff collects current cases the association can be sent on to the equal treatment of far-right attacks, evaluate them and, via various commission to be assessed. media and their own publications, provide informa- tion about the development of the far-right scene in Gleichbehandlungsgesetz Austria. (Equal treatment law) The Austrian Equal Treatment Law is designed to en- Einführungsgesetz zu den Verwaltungsverfah- sure that people are treated equally in the working rensgesetzen (EGVG) world, irrespective of gender, age, sexual orientation, (Introductory Law to the Administrative Procedure ethnicity, religion, or world-view. Outside the world of Code) work, it protects against discrimination on the basis of Article III of the Introductory Act to the Administrative ethnic background or sex when using, for example, a
74 Glossary
publicly available service. For more information see: http://www.zara.or.at Beratung Rechtliches. Menschenrechtsbeirat (Human Rights Advisory Council) Gleichbehandlungskommission The Human Rights Advisory Council was founded on (Equal treatment commission) the recommendation of the European committee for The equal treatment commission is composed of the prevention of torture and inhumane treatment. three senates with members representing ministries Since 1999, when the asylum seeker Marcus Omofu- and social partner organisations. They work on an ma died in police custody, the human rights council honorary basis. The commission is attached to the fe- has been embedded within the Security Police Law. deral chancellery. The senates of the equal treatment The council was based in the interior ministry until commission have to deal with all questions related to the middle of 2012 and had the task of reviewing how discrimination within their area of competence. In par- physical force and orders are implemented by the ticular, they are responsible for drafting expert reports Austrian authorities. This review is carried out with on general questions relating to discriminations, and the focus of upholding human rights. The council has they have to assess potential violations of the provisi- been constituted through the OPCAT implementing ons from the equal treatment laws. This may be done act since the 1st of July 2012 and is now made up of in specific cases on the request of the affected peop- members of the federal ministries, the federal states le, the ombuds office for equal treatment or by lobby and civil society (ZARA is also represented). The Hu- groups. Both the ombud for equal treatment and the man Right Council now advises members of the Om- victim are party to these procedures, which are free of buds Office and carries out, along with six regional charge. Victims can also choose to be represented by commissions set up by the Ombuds Office, a preven- a trusted person, for example representatives of non- tive assessment of all public and private institutions governmental organisations like ZARA. The result of in which freedoms have been restricted or removed. such proceedings from the Equal Treatment Commis- sion is an expert opinion paper, which, in contrast to M-Media the judgment of a court, is not legally binding. M-Media is a self-organised multi-cultural editorial team made up of migrants. They have, since 2008, pu- Helping Hands Graz blished a page every Wednesday in the daily newspa- Helping Hands Graz is an association based in Graz per “Die Presse”. This co-operation was, however, en- (http://helpinghands.htu.tugraz. at/). They assist ded in 2012. The editors deal with topics associated victims and witnesses of racism in the same way that with migration and integration and only publish artic- the ZARA help centre does. les on their homepage. Every year, M-Media organises the event Medien.Messe.Migration and also publishes Klagsverband zur Durchsetzung der Rechte von the “Media handbook for migration and diversity”. Diskriminierungsopfern (Litigation Association of NGOs Against Discrimi- Mobbing nation) (Bullying) The litigation organisation (http://www.klagsverband. The term mobbing refers to the victimisation of an at) was set up in 2004 as an umbrella organisation individual over a long period of time. Victims of mob- for NGOs who were already engaged in combating bing are typically the target of low-level aggression, discrimination and counselling victims of discrimina- attempts to exclude them socially, contemptuous tion. Today a range of NGOs are members of the KlaV, statements, insults, false accusations, and threats, in- and all deal with discrimination associated with many cluding violence. different issues. The litigation organisation operates primarily as a source of advice to the member NGOs Monitoring and their clients as well as in cases which come before The word monitoring describes in general the sys- the Equal treatment Commission (as expert advisers). tematic observation or monitoring of a procedure, mostly using technical equipment. ZARA uses this Landesämter für Verfassungsschutz und Terroris- method in connection with racist content, especially musbekämpfung with regard to dedicatedly right-wing extremist, as (Regional Offices for the Protection of the Consti- well as established, media and websites. tution) The Regional Offices for the Protection of the Cons- Österreichischer Presserat titution are subordinate to The Federal Offices for (Austrian Press Council) Protection of the Constitution and Counterterrorism. The press council is the self-regulatory body of the They are referred to as Regional Offices for the Protec- Austrian printed media. It is, among other things, tion of the Constitution since September 2012 since responsible for calling attention to grievances in the counterterrorism is now exclusively a matter for the press body and dealing with them. It publishes the federal office. code of ethics for the Austrian press, which the Aust-
75 Glossary
rian press is obliged to keep to. Breaches of these me- People with subsidiary protection status are those dia ethics can be reported to the press council at any whose asylum application has been refused, but who- time. The council can then initiate a so-called inde- se lives and health would be in danger in their coun- pendent investigation, within whose framework the try of origin. They are neither asylum seekers, nor do tribunal responsible establishes whether the criticised they have the right to asylum (refugees in the sense publication conforms to the guidelines laid down by of the Geneva Refugee convention), but they require the code of ethics. protection from deportation, because they would be faced with torture, the death penalty, grave injuries to Parteistellung their human rights and threats to their lives, security (Party to a case) or freedom through indiscriminate violence in their Being party to an administrative procedure involves country of origin, due to an armed conflict (i.e., a civil certain rights, including the right of access to files, the war). The residency permit they receive in connection right to a hearing, the right to hear or be informed of to this is therefore limited and can be extended if the the judgment and the right to appeal. In administrati- requirements for it remain. ve prosecution proceedings, on the other hand, when a person makes use of the Introductory Law to the Sühneverhandlung Administrative Procedure Code (➞Glossary) to bring (Expiation proceedings) a case of racist discrimination against someone, the Vienna arbitration offices have been set up in every injured party has no right to be a party to the case. district in Vienna. They serve to attempt conciliation between two parties in disputes of a civil law nature. Pleonasm (i.e., claims for money, arguments over the borders A pleonasm is the use of more words or word-parts between properties, title disputes and so on). They than is necessary for clear expression (for example, old also carry out expiation in matters of defamation of dotard). character, according to the Viennese laws on the pro- tection of personal honour and for the settlement of Richtlinienbeschwerde libel cases. (Complaint pertaining to the code of conduct for law enforcement officers) Mittelbare bzw. indirekte Diskriminierung This complaint procedure is one method by which the (Direct and indirect discrimination) Independent Administrative Tribunal can review the Direct discrimination is, according to the equal treat- behaviour of police officers. The criteria for said review ment law taken to occur when a person, on the are the guidelines laid down in the code of conduct grounds of a specific characteristic (e.g. their ethnici- regulations. ty) is treated less favourably than another person in a comparable situation. Indirect discrimination, on Richtlinien-Verordnung the other hand, occurs where an apparently neutral (Code of conduct regulations) regulation or practice can put persons with specific The code of conduct regulations contains a catalogue characteristics (e.g. clothing regulations which discri- of rules which police officers have to follow when car- minate against people who wear a Muslim headscarf) rying out their duties. These oblige officers to carry at a particular disadvantage. Such regulations do not out their duties in a manner free of discrimination, to present a case of discrimination when they are justi- disclose their official ID number, and to address peop- fied by a legitimate aim and the means of achieving le using the polite form of address (“Sie”). that aim are appropriate and necessary.
Social media Verhetzung Social media allows users to communicate and inter- (Incitement to hatred) act with each over the internet. This takes place using The offense of incitement to hatred came into effect texts, images as well as audio and video data. on the 1st of January 2012, after amendment 283 was added to the Austrian Penal Code. This law un- Stoppt die Rechten derstands incitement to be when “someone incites or (Stop the far-right) agitates a broad public to a punishable act or to at- The project “stop the far-right” is operated by the tack a church or religious community or who makes Green party’s parliamentary group (www.stoppt- incitements to a broad public to attack individuals or dierechten.at). They collect and document incidents groups of people based on the criteria of race, skin relating to racism, right-wing extremism and neo-Nazi colour, language, religion, world-view, citizenship, ori- activities. They also publish articles about right-wing gin, national or ethnic heritage, sex, disability, age or extremism in Austria. sexual orientation.” This offense is punishable with a prison sentence of up to two years. (2) “It is a punis- Subsidiär Schutzberechtigte hable offense if someone agitates to a broad public (persons granted subsidiary protection status) against someone from the groups defined in section
76 Glossary
1 or who injures their dignity by insulting them and The Vienna Intervention Office against Violence in therefore trying to depreciate them.” In relation to ra- the Family (http://www.interventionsstelle-wien.at) is a cist incidents, this law includes people or groups of state-recognised victim protection association which people as victims in relation to their “race”, skin colour, supports victims of family violence through informa- language, nationality, origin or ethnicity. Religion or tion, advise and also when taking actual steps against worldview is closely related to this, if it is used as a fea- the perpetrators ture of an assumed foreignness. Wiener Wohnen Weißer Ring (Vienna Housing provider) (White Ring) Wiener Wohnen is a holding of the city of Vienna and The White Ring (http://www.weisser-ring.at) is a priva- provides state housing. Most of the properties are so- te, politically independent and non-profit organisati- cial housing complexes, but they also administer bars on that provides free support to victims of crime. This and clubs, as well as garages and parking spaces. consists primarily of legal support in court trials (espe- cially private participant representation in criminal ca- ses against wrongdoers) and providing psychological Wohnpartner and social support to victims of crime. (Council neighbourhood service) The Wohnpartner is a service centre for the City of Wiener Gesetz zum Schutz der persönlichen Ehre Vienna (http://www.wohnpartner-wien.at). They use und zur Regelung der Ehrenkränkung projects and measures to help build co-existence and (Vienna Law regarding the protection of personal understanding for each other in municipal residential honour and the defamation of character) buildings, as well as encouraging dialogue. They assist ➞ expiation proceedings tenants in Vienna social housing complexes in con- flicts with their neighbours and try to recognise the Wiener Interventionsstelle gegen Gewalt in der problem together and find a solution. The offer can Familie be used free of charge by every inhabitant of public (Vienna Intervention Office against Violence) housing run by the city of Vienna.
schultz+schultz MEDIENGESTALTUNG
77 www.schultzundschultz.at
sus_148x210_ZARA_RZ.indd 1 06.03.13 14:45 Eser Ari-Akbaba, Wien heute – Haber Magazin DV5, Foto: Sebastian Philipp Kein Platz für Rassismus. schultz+schultz-Mediengestaltung | Photo: Andreas Komenda schultz+schultz-Mediengestaltung
04.07.2012, abends 1120 Wien, Nähe Längenfeldgasse, (Garagenausfahrt) zwei Männer, aus Ex-Jugoslawien Herr X und Herr Y wurden bei der Arbeit von einem Anrainer und dessen Frau mehrfach rassistisch beschimpft. DV5, Foto: Sebastian Philipp Foto: DV5,
CHISCH EI E Geben Sie Alltagsrassismus keine Chance und unterstützen R S R E Sie uns im Kampf gegen Rassismus! Spenden Sie jetzt! T S
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80 Kein Platz für Rassismus.
16.01.2012, morgens schultz+schultz-Mediengestaltung | Photo: Andreas Komenda schultz+schultz-Mediengestaltung 1010 Wien, Taxistand beim Schottentor, Mann westafrikanischer Herkunft Ein Taxifahrer verweigert Herrn X die Beförderung als Fahrgast. Begründung: Er fahre keine N*
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APPS_Anzeigen_A4.indd 1 2/21/2013 11:10:17 AM Im Heute leben, in Generationen denken Nachhaltigkeit. Kurzsichtiges Planen hat in der modernen Stadtentwicklung keine Zukunft. Wien denkt deshalb in Ge- nerationen und setzt seit Jahren Projekte um, welche die heutige Lebensqualität verbessern, aber auch zukünftig den Menschen in der Stadt nützen werden. Nachhaltigkeit ist das Ziel, das in unterschiedlichsten Bereichen angestrebt wird.
Wer sorgt für Ressourcen schonen. Intelligent planen. Zukunft denken. Wien ist nicht grundlos derungen, denen sich die Stadt Wien schon seit Jahren stellt. Interdisziplinäres und ver- eine der lebenswertesten Städte der Welt, denn Planen und Handeln mit Weitblick flie- netztes Agieren, aber auch ein hohes Verantwortungsbewusstsein, Mut zur Umsetzung ßen hier in viele Bereiche des Alltags ein. Egal, ob es sich um spezielle Umweltschutz- sowie Investitionen sind dabei wesentliche Faktoren. Auf dieser Seite finden Sie einen maßnahmen, langfristige Stadtplanung, alternative Mobilität, Energieversorgung, Überblick über bereits gesetzte Maßnahmen und in Angriff genommene Projekte, die Wohnbauprojekte oder Investitionen in die Wirtschaft handelt – die Lebensqualität der mit dazu beitragen, dass auch künftigen Generationen ein gesundes, lebenswertes und gerechtigkeit? Menschen zu sichern und dabei hohe ökologische Standards zu halten, sind Herausfor- vielseitiges Leben in Wien gesichert wird.
Vorzeigeprojekte in der Donaustadt Alltagstauglich und zukunfts- Die Donaustadt ist seit 2011 Nachhaltigkeits-Pilotbezirk und zeigt vor, was durch das weisend: aspern Seestadt Miteinander von Einwohnern, Verwaltung und Wirtschaft alles umsetzbar ist. Vom Selbst- Heuer startet das derzeit größte Stadtent- ernteprojekt bis zur Energieberatung, vom Generationenspielplatz bis zum gemeinsamen wicklungsprojekt der Bundeshauptstadt Kochen, vom Stadlauer Bauernmarkt bis zum Mehrweggeschirr beim dortigen Kirtag. richtig durch „aspern Die Seestadt Wiens“. Darüber hinaus erleichtern neue Bike & Ride-Stationen und die gute Anbindung an das Hier wird ein Traum vieler Menschen ver- U-Bahnnetz das umweltfreundliche Vorankommen. wirklicht, nämlich städtisches Leben kom- Kostenloser Faltplan biniert mit Wohnen im Grünen. Die Seestadt ist nachhaltig, gerade eben weil sie vieles Nun wurden diese Initiativen übersichtlich zusammengefasst. Der Faltplan „Nachhaltige vereint: Karriere und Familie, Stadt und Land, Lifestyle und Gesundheit, Mobilität und Donaustadt“ informiert Organisationen und Einzelpersonen über Programme, Förde- Umwelt. Zukünftig werden hier rund 20.000 Menschen hochwertigen Wohnraum finden. rungen und Möglichkeiten, sich aktiv in Nachhaltigkeitsprojekte einzubringen. Erhältlich Dazu kommen 20.000 Arbeitsplätze in Dienstleistungs-, Produktions- und Gewerbebetrie- unter ✆ 01/4000-73420 bzw. auf www.umweltschutz.wien.at. ben. Einzigartig: Mehr als ein Drittel des Gebietes steht für aufwendige Frei- und Grün- raumgestaltung zur Verfügung. Fußgänger und Radfahrer haben hier absoluten Vorrang. Und ab Herbst 2013 fährt die U2 bis ins Herz der Seestadt. In nur 30 Minuten erreicht man SMART und günstig wohnen im damit die City. Sonnwendviertel Im Sonnwendviertel, nahe dem neuen 1. Wiener Radjahr: Jetzt steigt Hauptbahnhof in Favoriten gelegen, ent- stehen im Rahmen des SMART-Wohnbau- ganz Wien auf das Fahrrad um programms allein heuer mehr als 2300 2013 ist das 1. Radjahr in der Geschichte neue, leistbare Wohnungen. Zur Zielgruppe zählen junge Menschen am Beginn ihrer be- Wiens, mit dem ehrgeizigen Ziel, dass bis ruflichen Laufbahn, Alleinerzieher(innen) oder ältere Personen, die qualitätsvoll wohnen zum Jahr 2015 zehn Prozent aller Wege in möchten, aber nur über geringes Einkommen verfügen. der Stadt mit dem Fahrrad zurückgelegt Im Vordergrund steht eine hohe Alltagstauglichkeit bei gleichzeitig geringen Eigen- werden. Denn Städte mit hohem Radanteil mitteln und niedriger Miete. Es stehen Ein- bis Drei-Zimmer-Wohnungen zwischen 40 und haben auch eine hohe Lebensqualität. Im 70 Quadratmetern zur Verfügung. Bei 40 Quadratmetern wird die monatliche Bruttomiete Mittelpunkt der Aktivitäten stehen u.a. Serviceaktionen rund ums Fahrrad, Schulungen für maximal 300,– Euro betragen, der Eigenmittelbeitrag höchstens 2.400,– Euro. Neu-Radler(innen) sowie Tipps und Tricks für alle, die erleben möchten, wie einfach, sicher und freudvoll es ist, die Stadt mit dem Fahrrad zu erkunden. INFOS www.wohnservice-wien.at Velo-city Im Radjahr 2013 findet auch die weltgrößte internationale Fahrrad-Konferenz Velocity Die Öffis hängen das Auto auch im Wiener Rathaus statt. So wird Wien im Juni in den Mittelpunkt der Weltöffentlichkeit kostenmäßig ab gerückt – zumindest das Radeln betreffend. Daran können auch die Wienerinnen und Wiener teilhaben: Auf dem Rathausplatz sowie in allen Bezirken wird es während der Velo- Anschaffungs- oder Leasingkosten, Parkpi- city Veranstaltungen, Kurse und Informationen geben. ckerl, Vignette, Versicherung, Service und allfällige Reparaturen, Reifen und Zubehör und nicht zuletzt die Spritkosten – worunter die Autofahrer stöhnen, kann den Benützern Die Kläranlage als Bankenrechner der öffentlichen Verkehrsmittel in Wien egal sein. Günstige Ticketpreise und gute Erreich- barkeit machen die Wiener Linien immer attraktiver. Mit einem Umstieg auf die öffentli- Energie-Selbstversorgerin Brutto-Netto- chen Verkehrsmittel lassen sich allein für den Arbeitsweg im Jahr etwa 825 € sparen. Ein Energieautarkie – die Unabhängigkeit Rechner Zeitspeicher Rechenbeispiel: Ein Arbeiter, der in Simmering wohnt, in Heiligenstadt arbeitet und sei- von externer Energieversorgung – ist ein Urlaubsplaner nen täglichen Arbeitsweg mit dem Auto zurücklegt, muss allein bei den Spritkosten von Musterbeispiel für Nachhaltigkeit. Bei der rund 1190 € im Jahr ausgehen. Im Vergleich dazu kostet die Jahreskarte der Wiener Linien ebswien hauptkläranlage in Simmering 365 € pro Jahr und inkludiert für umgerechnet einen Euro pro Tag unbegrenzte Fahrten in sind die Grundvoraussetzungen dafür ge- Wien. Hinzu kommen die positiven Auswirkungen auf die Umwelt und die Lebensqualität. geben. Sie wird ab 2020 so viel Energie, wie sie für den laufenden Betrieb benötigt, selbst produzieren. Das ist immerhin 1 Prozent des gesamten Wiener Strombedarfs. Mit der Um- setzung des Projektes wird im Jahr 2015 begonnen, wobei die Bauarbeiten den Betrieb Innovativ und ausgezeichnet: der Kläranlage, die pro Sekunde 6000 Liter Abwässer klärt, nicht beeinträchtigen werden. Der neue E-Bus in Wien Möglich wird die Energieautarkie durch das Projekt EOS (Energie Optimierung Schlamm- behandlung). In luftdichten Behältern entsteht aus dem Klärschlamm Methangas, das Seit Anfang Jänner 2013 ist der neue E- in einem Blockheizkraftwerk in saubere Energie umgewandelt wird. Ein weiterer Vorteil Bus auf den Wiener Innenstadt-Linien 2A ist, dass dank EOS parallel zur Energiegewinnung die laufenden Betriebskosten deutlich und 3A unterwegs. Noch vor seinem ers- gesenkt werden. – www.ebswien.at ten Einsatz wurde der ElectriCitybus vom Jetzt als app. deutschen Forum für Verkehr und Logis- tik mit einem „EBUS Award“ ausgezeich- Die Zukunft hat begonnen: Tech- Die AK App mit Bankenrechner, Brutto-Netto-Rechner net. Rund 50 Unternehmen hatten sich in sieben Kategorien um den begehrten Preis beworben. Ausschlaggebend für die Auszeichnung der Wiener Linien in der Kategorie nologiezentrum aspern IQ Zeitspeicher, Urlaubsplaner, Jobclips und mehr. „Betriebskonzepte Batteriebusse“ waren die europaweit einzigartige Umsetzung und die Das von der Wirtschaftsagentur Wien in Kostenlos erhältlich im App Store und Google play. Einbindung von E-Bussen in den Linienbetrieb. Auftrag gegebene Technologiezentrum as- pern IQ ist das erste bereits fertiggestellte Ladestationen Projekt in der Seestadt. Hier werden nicht Geladen werden die Busse an den Endhaltestellen mittels ausfahrbarem Stromabnehmer nur 250 Arbeitsplätze in technologieaffinen Unternehmen geschaffen, sondern das Ge- auf dem Dach. Auch wird die beim Bremsvorgang gewonnene Energie in die Speicherzel- bäude selbst übernimmt eine zukunftsweisende Vorreiterrolle. Bei der Planung und Er- len des Fahrzeugs zurückgeladen. Im Sommer sollen bereits 12 E-Busse durchgehend auf richtung wurden höchste ökologische Standards umgesetzt. So ist das aspern IQ nicht nur den Linien 2A und 3A im Einsatz sein. nach den Klimaaktiv-Richtlinien als Passivhaus zertifiziert, sondern produziert als erstes Plusenergie- Bürogebäude Österreichs mehr Energie als es verbraucht. Auf der Fassade wächst Schilf (Staubbindung, Verbesserung des Raumklimas), Heizkörper sind überflüssig. apps.arbeiterkammer.at gerechtigkeit muss sein Weiters wurde es mit Ökobeton errichtet, der 80 % weniger CO2-Emissionen verursacht, Bezahlte Anzeige und ist PVC-frei. Mit einer Fläche von rund 1.300 m2 ist die Photovoltaikanlage eine der
größten Solaranlagen bei Gewerbeimmobilien in Österreich. www.kurtkuball.com Dürschmid, LBS Architekt Bohmann/PID, David Provaznik, Linien, Peter Wiener Schreinerkastler, Vahl/Landschaftsarchitektur, Laura Fotocredits:
APPS_Anzeigen_A4.indd 1 2/21/2013 11:10:17 AM Stadt_Wien_INSatZARA_Entw0215.indd 1 26.02.13 16:12
Kurs auf Menschenrechte. Wir bilden die Zivilgesellschaft.
Es gibt viel zu tun in dieser Welt: Gegen Rassismus. Gegen Diskriminierung. Gegen Unrecht. Und für Menschenrechte. Die Amnesty Academy ist die Bildungseinrichtung von Amnesty International Österreich. In den Veranstaltungen zu menschenrechtlichen Themen wird Wissen mit Aktivismus verknüpft. Praxisorientiert. Unabhängig. Und mit der Erfahrung zahlreicher ExpertInnen.
Zivilcourage lässt sich lernen. In der Amnesty Academy. Workshops, Diskussionen und Lehrgänge unter www.amnesty-academy.at
AI_INS_A4.indd 2 15.11.12 11:54 U4, Tram 6 und 18 > Margaretengürtel, 14A > Reinprechtsdorfer Brücke, 12A > Mauthausgasse
ZARA Counseling Service for Victims and Witnesses of Racism The team of the ZARA Counseling Service for Victims and Witnesses of Racism is available for appointments: Mon to Wed 10 am to 6 pm, Thu 11 am to 7 pm Schönbrunner Straße 119/13 T: (01) 929 13 99 [email protected] (Entrance at Hundsturm 7) A–1050 Wien F: (01) 929 13 99–99 www.zara.or.at