ANNUAL REPORT

2011

© Ludwig Boltzmann Institute of – LBI and Research Association A-1010 , Freyung 6 (Schottenhof), Hof 1, Stiege II T +43/1/42 77-274 20, [email protected], http://bim.lbg.ac.at Photo: Steffi Dittrich Vienna, April 2012

2 Contents

Introduction 5 Events 7 Publications 25 Finances 31 Staff 33 Projects 37

3 4 Introduction

Dear readers, dear friends, partners and supporters of the Ludwig Boltzmann Institute of Human Rights! We are pleased to present you with a comprehensive review of our activities throughout the year 2011. In 2011 BIM’s work was evaluated by three external experts appointed by the Ludwig Boltzmann Association. The results of this process reconfirmed the excellence of our research and implementation activities as well as the profound expertise and professional skills of our staff. As a result of this evaluation process the Ludwig Boltzmann Association renewed its commitment to a consistent amount of core funding for the next four years. Recommendations of the experts’ report will be integrated into our organisational and thematic development. Research work at BIM deals with a broad range of human rights relevant topics arising from current social questions. In light of upcoming developments within the contemporary international human rights discourse BIM focuses its expertise on the following areas:  Fundamental and human rights in general  Human Dignity and Public Security  Human Rights in Development Cooperation and Business / Digital Rights  European Neighbourhood and Integration Policy  Anti-discrimination, Diversity and Asylum  Women’s Rights, Child Rights, Anti-Trafficking  Human Rights Education / Education for Democratic Citizenship

From a financial perspective the year was successful and the annual turnover in 2011 could be increased; a trend which is expected to continue in 2012. It is striking that the share of EU-funded projects (BIM) and of federal funding (BIM-Research Association) increased noticeable. For BIM this proportional and numerical increase of EU-funding can be explained inter alia by the fact that BIM is conducting several large Twinning projects financed by the European Commission. The proportional increase of federal funding arises from the finalisation of an EU-funded project and the subsequent proportionally increasing share of the Austrian Centre for Citizenship Education in Schools which is administrated by the BIM-Research Association. On the following pages you will find a comprehensive synopsis of our activities, devided in chapters as follows: events, publications, finances, staff and projects. We hope you find the insights into BIM’s activities and projects in this annual review interesting and enjoyable. Patricia Hladschik, Manfred Nowak, Fiona Steinert, Hannes Tretter and the BIM team Vienna, April 2012

PS: In 2012 BIM celebrates its first 20 years of human rights work. Support us, join us for the birthday event at the Viennese jazz and music club “Porgy&Bess” on 7 December, let’s hold up and celebrate the idea of human rights together!

5 6 Events

BIM Conferences and Workshops

Children’s views on involvement in European and international decision-making 28 January 2011, Europahaus, Vienna As partner of the EU-funded project coordinated by the Children’s Rights Alliance for England (London, UK) BIM organised a “national consultation day”: About 100 children and young people from met to share their experiences of being involved in European and international decision- making and to talk about why children and young people should be able to influence decisions that affect their lives. They discussed the best ways to influence bodies such as the UN Committee on the Rights of the Child and the and talked about the different methods that these bodies can use to encourage children and young people’s participation in decision-making.

Twinning project start-up event: Implementation of a Data Protection Strategy in Montenegro 7 to 8 February 2011, Podgorica/Montenegro Data protection experts from Austria and Slovenia, representatives of the EU delegation and of the diplomatic missions of Austria and Slovenia, of the project partners as well as Montenegrin experts and decision makers participated in the official start of the BIM Twinning project. The relevance of the topic data protection in a globalised world was stressed in a joint press conference with the Montenegrin Minister of the Interior, Ivan Brajović. An expert seminar for the interested public in which current legal developments within the EU and country-specific situations were discussed closed the event.

Diversity Management in Practise 16 February 2011, Vienna Working Group Diversity coordinated by respACT in cooperation with BIM (Katrin Wladasch) and Pauser&Wondrak.

Gender Equality in 4 April 2011, Austrian Embassy, Ankara/Turkey In the context of the Twinning project “Promoting in Working Life”, the Austrian Embassy in Ankara and BIM jointly organised a lecture and panel discussion on “Gender equality in Turkey”. Karin Lukas, as junior partner project leader, gave a lecture on “Women's Rights and Business”.

EDC Action Days 2011 27 April to 15 May 2011, throughout Austria The EDC Action Days are an annual series of events throughout Austria co-ordinated by polis – Austrian Centre for Citizenship Education in Schools. About 100 events, projects and activities on topics such as politics, democracy, human rights, globalisation, Europe etc. were carried out. 2011 had a special focus on “participation and civil courage”.

DiversCity Award and Diversity Charta – Motivating factors for implementing diversity? 28 April 2011, Vienna Working Group Diversity coordinated by respACT in cooperation with BIM (Katrin Wladasch) and Pauser&Wondrak.

7 Rights for Everyone?! – Training programmes on how to get along with everyone in daily life 28 April to 12 May 2011, Vienna Workshops on social behaviour for school classes at WUK Kinderkultur organised by polis – Austrian Centre for Citizenship Education in Schools. Additional workshops in schools throughout Austria took place during the year.

Citizenship education and political involvement: International Citizenship and Civic Education Study (ICCS) 4 May 2011, Innsbruck Educators’ Consultation – organised by polis – Austrian Centre for Citizenship Education in Schools in cooperation with the European Wergeland Centre and the University of Innsbruck – focussing on the national und international findings of the International Citizenship and Civic Education Study (ICCS), the largest study ever conducted on civic education in secondary schools: It investigated students’ knowledge and understanding of civics and citizenship as well as students’ attitudes, perceptions, and activities related to civics and citizenship.

Trafficking in human beings 4, 5 and 9 May, Vienna Guided tours for school classes through an exhibition on trafficking in human beings (arranged by the Austrian Task Force on Combating Human Trafficking), organised by Ingrid Ausserer (polis – Austrian Centre for Citizenship Education in Schools).

The UN and human rights 9 May 2011, Vienna Training for teachers, students and multipliers, organised by polis – Austrian Centre for Citizenship Education in Schools in cooperation with the UN information service, about human rights, the work of the UN, torture prevention, refugees, asylum and children’s rights. Lecturers: Manfred Nowak, Dorothea Steurer.

Fundamental Rights Training for Judgeship Trainees 9 to 11 May and 12 to 14 September 2011, Reichenau/Rax Mandatory fundamental rights training for judgeship and prosecutor trainees, organised and conducted by BIM together with the Association of Austrian Judges (Department “Fundamental Rights”). Lecturers: Astrid Steinkellner, Christof Tschohl.

Participation and civil courage – information fair for young people 13 May 2011, Vienna Information fair for students that gave an overview on Austrian volunteer organisations and their field of activity, for example , The Red Cross etc., organised by polis – Austrian Centre for Citizenship Education in Schools (Maria Haupt).

Substainable urban AND rural development 18 May 2011, Vienna The annual conference of the Austrian Agency for Education for Sustainable Development was jointly organised by polis – Austrian Centre for Citizenship Education in Schools (Dorothea Steurer) and the Environmental Education FORUM. After a number of keynote speeches it offered the possibility to networking.

Expert conference on the prevention of torture in Paraguay 6 to 7 June 2011, Asunción/Paraguay In the framework of the EU-funded Atlas of Torture project, BIM conceptualised, organised and implemented a two-day conference on torture prevention, following up the implementation of the

8 recommendations submitted by the UN Special Rapporteur on Torture to the Republic of Paraguay. The conference was organised in close cooperation with the project focal point and largest network of human rights NGOs in Paraguay, CODEHUPY. It was attended by some 50 high level representatives from the State, civil society and the international community. Moritz Birk and Tiphanie Crittin presented their assessment report and the participants discussed in four thematic working groups the main issues in the field of torture prevention, that were identified during the assessment visit. At the end of the conference, each working group presented conclusions and recommendations, basis for the further implementation of the Atlas of Torture project in Paraguay.

Twinning study visit of data protection experts from Montenegro to Viennna and Ljubljana 6 to 8 July 2011, Vienna BIM in cooperation with the Austrian Data Protection Commission (DSK) received a delegation of ten Montenegrin data protection experts in Vienna. On this occasion the guests were informed about the extensive activities of the DSK; a meeting with high level data protection experts gave the opportunity to talk about the fields of data protection and human rights from a general point of view and to discuss current issues. In the forefront of the Vienna study trip the delegation made an on-site visit at the agency of the Information Commissioner of the Republic of Slovenia.

Training of the National Preventive Mechanism of Azerbaijan 11 to 15 July 2011, Baku/Azerbaijan In the framework of a Twinning-Light cooperation with the German Institute for Human Rights, BIM (Moritz Birk, Tiphanie Crittin, Julia Kozma, Johanna Lober) developed and implemented a four-day training for members of the Azeri National Preventive Mechanism (NPM). The training modules included observing the visiting methodology of some members of the NPM in practice, discussing the observed practices and developing context specific guidelines for the preventive monitoring of places of detention.

“Einmal Guantánamo - Immer Guantánamo?” 12 July 2011, Media Centre of the Austrian Parliament, Vienna Press conference presenting a BIM relief project for two former Guantánamo detainees in cooperation with the crowd funding platform respekt.net.

“Red Vienna Walks” from a human rights perspective 12 to 20 August 2011, Vienna BIM (Heidrun Aigner) organised the 2011 readers tour of the Swiss weekly WOZ. The “Red Vienna Walks” lead through a Vienna that has become famous for its remarkable community politics (public housing, social and health services etc.). From a present-day perspective the enforcement of economic, social and cultural rights played a vital role.

Implementation Capacity of Turkish Police to Prevent Disproportionate Use of Force by the Turkish Police 5 to 6 September 2011, Ankara/Turkey The EU-funded Twinning project “Implementation Capacity of Turkish Police to Prevent Disproportionate Use of Force by the Turkish Police” started officially with this kick off meeting in Ankara. Together with the Turkish National Police, the Austrian-German Consortium will jointly draft legal recommendations, develop standard operating procedures and implement a train the trainer programme that will enable a better compliance with the European Convention of Human Rights.

Core Dimension: Ethnic Afiliation 7 September 2011, Vienna Working Group Diversity coordinated by respACT in cooperation with BIM (Katrin Wladasch) and Pauser&Wondrak.

9 Consultation workshops on aligning Turkish legislation with EU gender equality acquis 13 to 14 September, Ankara/Turkey During the two-day consultation with more than 70 participants from Turkish ministries, social partners and NGOs, Austrian and German Twinning experts presented and discussed their recommendations on how to harmonise specific Turkish legislation with the EU gender equality acquis. The results of these consultations were taken into account in the finalisation of the experts’ proposals.

Expert seminar on strengthening the establishment of the National Preventive Mechanism (NPM) 21 September 2011, Asunción/Paraguay In the framework of the EU-funded Atlas of Torture project, BIM organised and implemented an expert seminar on strengthening the establishment of the NPM. The seminar was held with the objective to identify and discuss the problems faced in the establishment of the NPM. The participants included representatives from the Government, the representatives of the National Congress, the Public Defender’s Office and civil society organisations. Moritz Birk and Tiphanie Crittin prepared and presented a commentary on the NPM law and made recommendations for an internal regulation for the elective organ and the NPM. Following, the participants identified and discussed the status quo as well as the main obstacles and problems of the process of establishment, and the functioning of the NPM and the needs and possibilities for regulation

Twinning study visit of data protection experts from Montenegro to Berlin, Dresden and Kiel 19 to 24 September 2011, Berlin, Dresden, Kiel/Germany A delegation of Montenegrin Data protection experts visited the premises of the Federal Commissioner for Personal Data Protection in Berlin as well as the Independent Centre for Privacy Protection Schleswig-Holstein in Kiel and the Office of the Data Protection Commissioner of the Free State of Saxony in Dresden to discuss important daily routines in the authorities as well as current challenges in the field of data protection with the proficient german experts. The study trip was organised by BIM.

Round-table on the access to justice and the strengthening of legal aid in Paraguay 26 September 2011, Asunción/Paraguay In the framework of the EU-funded Atlas of Torture project, BIM organised a round-table on the access to justice and the strengthening of legal aid in Paraguay. The objective was to identify and discuss possible ways to strengthen legal aid, in particular by supporting the Public Defender’s Office, by means of cooperation with bar associations, groups, and universities. The participants included the deputy director of the Public Defender’s office, the head of the Bar Association of Paraguay, the head of the legal clinic of the University Católica, the head of CIDSEP, a newly created network of pro bono , several lawyers from the Public Defender’s Office, as well as representatives of civil society organisations working in the field of legal aid. Moritz Birk and Tiphanie Crittin held a presentation on best practices on how to strengthen Public Defender Offices by means of institutional reform and cooperation.

The Right(s) Moment is Now! 26 September 2011, Venice/Italy The AHRI-COST Annual Conference in the framekwork of the COST-Action “The Role of the EU in the UN Human Rights Reform” was co-organised by the Research Platform “Human Rights in the European Context”. Manfred Nowak gave a lecture on “Academic Perspectives on the Human Rights Reform”.

University conference: “How to Promote Gender Equality in Working Life?” 18 October 2011, Ankara/Turkey Opened by the Turkish Minister of Labour as well as the Minister of Family, this top-level conference brought together experts from academia, state administration and social partners to exchange on how 10 to promote gender equality in working life. The conference formed an important part of the awareness- raising component of the Turkish-German-Austrian Twinning project “Promoting Gender Equality in Working Life”.

Training and Round-Table on the Prohibition and the Prevention of Torture in Pakistan 18 to 22 October, Lahore/Pakistan In the framework of the recent ratification by Pakistan of the Convention against Torture (CAT) BIM experts (Moritz Birk, Tiphanie Crittin and Manfred Nowak) conducted a two-day training on the obligations of Pakistan under CAT, as well as the legal safeguards and the role of civil society organisations in combating torture. The workshop was provided for Open Society Foundation Pakistan (FOSIP) partner organisations in Pakistan. Subsequently, FOSIP also organised a three-day roundtable discussion to raise the attention on the issue of torture in Pakistan, and the obligations to effectively implement CAT’s provisions. The event was visited by 100 participants from the Government, civil society and the international community.

Twinning study visit of Turkish delegation on gender equality in working life 24 to 28 October, Vienna As junior partner to the German Federal Ministry of Labour and Social Affairs in the Twinning project “Promoting Gender Equality in Working Life” BIM organised a study visit for eleven Turkish civil servants. Comprising numerous meetings with Austrian experts from both, state administration and civil society sector, the study visit enabled the participants to exchange intensively with their interlocutors on issues of gender equality in working life.

Core Dimension: Age – People of all Generations 25 October 2011, Vienna Working Group Diversity coordinated by respACT in cooperation with BIM (Katrin Wladasch) and Pauser&Wondrak.

Participation as Challenge and opportunity in Human Rights Research: Participatory Research in Theory and Practice 3 to 4 November 2011, Vienna The expert workshop was jointly organised by the Research Platform “Human Rights in the European Context”, the Doctoral College “Empowerment through Human Rights” and BIM. Welcome and introduction by BIM: “Participation as a pillar of the Human Rights Based Approach”.

Workshop in the framework of the Twinning project “Gender Equality in Working Life” 16 November 2011, Ankara/Turkey Karin Lukas and her German colleague Gundel Köpke held the workshop and discussed the topics of women’s rights and gender equality, equality in Austria and Turkey as well as good practice examples of awareness raising measures in different European countries.

Following-up on the Recommendations of the UN Special Rapporteur on Torture – major challenges and future strategies 28 to 29 November 2011, Chisinau/Moldova In the framework of the EU-funded Atlas of Torture project, BIM experts conceptualised, organised and implemented a two-day conference on the status quo of the implementation of the recommendations submitted by the UN Special Rapporteur on Torture on the Republic of Moldova in close cooperation with Moldovan civil society partners. In addition to representatives from the EU and the UN, the Minister of Justice of Moldova and some 90 participants from the line ministries (Interior and Justice), representatives of international organisations and civil society participated in the conference. Based on the content of a comprehensive assessment report drawn up in September 2011, Julia Kozma and Johanna Lober presented the major findings of their analysis of the current

11 challenges faced by Moldova in the effective eradication of torture and the fight against impunity. Subsequently, conference participants developed concrete recommendations in five thematic workshops, which will serve as guidelines for the further implementation of the Atlas of Torture project in Moldova.

Training on the prohibition and prevention of torture for civil society representatives 6 to 7 December 2011, Baku/Azerbaijan Moritz Birk and Julia Kozma conducted a two-day training and seminar for civil society representatives of Azerbaijan, which focused on the topic of “torture” in international and European law. The participants were particularly instructed in how to professionally approach international and European institutions, such as the UN Committee against Torture.

Workshops on the topics of voting, democracy and politics ongoing, throughout Austria polis – the Austrian Centre for Citizenship Education in Schools offers participatory and activating workshops for school classes which focus on giving teenagers an understanding of democracy and the importance of elections. Eleven schools made use of this offer.

Workshops on human rights ongoing, throughout Austria polis – the Austrian Centre for Citizenship Education in Schools offers workshops for school classes on human rights and children’s rights. Six schools made use of this offer in 2011.

Workshops and training courses for teachers ongoing, throughout Austria polis – the Austrian Centre for Citizenship Education in Schools offers workshops and training courses for teachers and prospective teachers in cooperation with the University Colleges of Teachers Education. In 2011 14 trainings took place throughout Austria.

Lectures, panel discussions, presentations 2011

January 2011

Expert Hearing at the Constitutional Committee of the Austrian National Council on children’s rights in the Constitution Expert statement by Helmut Sax on the draft Constitutional Act on the Rights of Children, 13 January 2011 in Vienna

The federalist state from a non-discrimination perspective based on the UN Convention on the Rights of the Child Presentation by Helmut Sax at the experts meeting “Youth and Law – Crossover”, organised by SOS Kinderdorf Austria, 17 February 2011 in Wels

“Race” – a social and political construction: structures and phenomena of the prejudice racism Input by Barbara Liegl at a panel discussion organised by the Sir Peter Ustinov Institute in Vienna, 17 January 2011

Reality Check: Hybrid Tribunals Presentation by Manfred Nowak at the University of Vienna, 17 January 2011 12 What is Torture? Presentation by and discussion with Manfred Nowak on the issue of torture and violence against children, International Association of Democratic Lawyers, 18 January 2011, Vienna

Follow-up to the UN Global Report on Secret Detention Presentation by Manfred Nowak at the Workshop of the Subcommittee on Human Rights at the European Parliament “Torture and Secret Detentions: the UN perspective and the role of the EU”, 25 January 2011, Brussels/Belgium

Competition for diplomats? New actions in foreign relations Manfred Nowak, speaker at the panel discussion at the conference “The Evolution of Diplomacy”, Diplomatic Academy of Vienna, 28 January 2011, Vienna

February 2011

A World Court on Human Rights Presentation by Manfred Nowak at the Danish Institute for Human Rights, 3 February 2011, Copenhagen/

Why do we need data protection? Presentation by Hannes Tretter at the Twinning Expert Workshop “Current and forthcoming challenges in democratic societies”, 7 February 2011, Podgorica/Montenegro

Fireside chat with Manfred Nowak Fireside chat with members of the Austrian Section of the International Commission of Jurists, 15 February 2011, Vienna

March 2011

Human Rights Advisory Board of the Austrian Ministry of the Interior and its Commissions Participation of Manfred Nowak at the annual meeting, 4 to 5 March 2011, Sankt Lambrecht

Improving Enforcement, Accountability and Redress in the 21st Century: Towards an International Court of Human Rights Presentation at the Human Rights Council side-event, Manfred Nowak, 8 March 2011, Geneva/Switzerland

Now What? The Problem of Continuing Impunity Speaker at the panel discussion at the Human Rights Council side-event on “The International Convention for the Protection of All Persons from Enforced Disappearances”, Lawyers' Right Watch Canada-LRWC/International Commission of Jurists, Manfred Nowak, 9 March 2011, Geneva/Switzerland

Possible uses of statistical data when dealing with discrimination cases Input by Barbara Liegl at the TAIEX workshop on “Anti-discrimination legislation and implementation of the Anti-discrimination Act” (INT MARKT 43263), 9 March 2011, Zagreb/Croatia

13 100 years of International Women’s Rights Day – Time to celebrate? The UN Women NGO Forum organised an event at the UN Vienna Headquarters. In the panel discussion, Karin Lukas gave an input on “Women’s Rights and the Economy”, 10 March 2011, Vienna

Treatment of Particular Groups of Prisoners In her function as expert member of the European Committee for the Prevention of Torture (CPT), Julia Kozma chaired a workshop dealing with the treatment of particular groups of prisoners within a conference organised by the Turkish chairmanship of the Council of Europe in Antalya: “Improving detention conditions through effective monitoring and standard-setting”, 17 to 18 March 2011, Antalya/Turkey

Violation of Fundamental Rights – a Society Trend? At the job and career fair “SUCCESS 11”, Julia Kozma and Barbara Liegl discussed with other participants on the podium a number of human rights related topics, such as racism, torture and ill- treatment, as well as equality, 23 March 2011, Juridicum, Vienna

Expert Hearing on implementation of the Data Retention Directive Judiciary Commitee of the Austrian National Council, Hannes Tretter, 23 March 2011, Vienna

La Lucha Internacional Contra la Tortura Presentation at the Universidad Metropolitana de Asunción, Manfred Nowak, 24 March 2011, Paraguay

Freedom of opinion: Limited to protect minorities and religions? Presentation by Hannes Tretter at the BFI Wels, 25 March 2011, Wels

Developing an Equinet data collection template on complaints to quasi-judicial equality bodies Input by Barbara Liegl at the EQUINET Legal Seminar “Legal Developments and concepts in the field of equality and non-discrimination in Europe”, 28 March 2011, Brussels/Belgium

9th IT-Fraud-Conference Podium participation and expert input by Christof Tschohl at the annual meeting of telecom industries, criminal police and prosecutors, which deals with current developments concerning IT fraud, 31 March and 1 April 2011, Salzburg

April 2011

Torture in the 21st century. Conclusions – Six Years as UN Special Rapporteur on Torture Keynote speech by Manfred Nowak at Adalah: The Legal Center for Arab Minority Rights in Israel, 4 April 2011, Israel

Human Rights and Business Karin Lukas, co-author of the book “Menschenrechte und Wirtschaft” introduced trends and recent international development in this field and addressed the question: Do companies have a human rights responsibility? 6 April 2011, Mainz/Germany

Change in Africa: What are the consequences for Austrian politicians? Discussion with Hannes Tretter at the Diplomatic Academy Vienna, 7 April 2011, Vienna 14 Combating Trafficking for the purpose of labour exploitation Conference concerning the research project on trafficking in human beings for the purpose of labour exploitation, workshop and study presentation by Julia Planitzer, organised by the University of Tilburg, 8 April 2011, Tilburg/The Netherlands

Requirements Regarding the Protection of Fundamental Rights in Austria and the Role of Civil Society Organisations Input by Barbara Liegl at a panel discussion in the framework of the conference “The new fundamental rights architecture of the EU since the Treaty of Lisbon”, organised by BIM and Renner Institute, 15 April 2011, Vienna

Development of Draft Rules of Procedure for the National Preventive Mechanism (NPM) of Azerbaijan German GIZ and the German Institute for Human Rights invited BIM torture prevention experts Moritz Birk and Julia Kozma to Baku in order to develop together with Azeri NPM their Rules of Procedure and to enhance the effectiveness of the National Preventive Mechanism’s working methods in general, 18 to 21 April 2011, Baku/Azerbaijan

The Role of the Commissions of the Human Rights Advisory Board For international students of the European Peace University (Stadt Schlaining) Johanna Lober held a presentation jointly with the Chairman of the Human Rights Advisory Board on the mandate, working methods and practices of the Austrian Human Rights Advisory Board at the Ministry of the Interior and its Visiting Commissions, 19 April 2011, Ministry of the Interior, Vienna

Pros and cons of military intervention in Africa – Libya to Ivory Coast Presentation at the Round Table, Radio Africa TV, Manfred Nowak, 29 April 2011, Vienna

May 2011

A Stocktaking – Six Years UN Special Rapporteur on Torture Manfred Nowak at the University of Teacher Education Vienna, 3 May 2011, Vienna

PluS – Plurilingual Speakers in Unilingual Environments Presentation of the project to the public by Margit Ammer, 5 May 2011, Vienna

Torture in the 21st Century – A Stocktaking after Six Years as UN Special Rapporteur on Torture 11th Berliner Abendgespräch with Manfred Nowak, organised by UP Micro-Loans, 6 May 2011, Berlin/Germany

The International Struggle Against Torture Manfred Nowak at the Diplomatic Academy Vienna, 9 May 2011, Vienna

Presentation of the BIM’s work and the Fundamental Rights Curriculum (BIM, Austrian Association of Judges) Presentation by Hannes Tretter during a study visit of judges and prosecutors in the framework of the HELP II-Programme of the Council of Europe, District Court Meidling, 11 May 2011, Vienna

15 „Handeln oder abwarten?“ Der Nexus Migration und Klimawandel in der Diskussion Participation of Margit Ammer in a panel discussion at the conference of the German Federal Office for Migration and Refugees (BAMF), 12 May 2011, Nürnberg/Germany

Torture in the 21st Century – Experiences of the UN Special Rapporteur on Torture Manfred Nowak at the Center for Interdisciplinary Research, University of Bielefeld, 18 May 2011, Bielefeld/Germany

An Assessment of the Practice of the Human Rights Council in Addressing Country Specific Situations Presentation by Manfred Nowak at the AHRI/COST Workshop “The Review of the Human Rights Council: Outcome and potential of a joint NHRI strategy” at the Danish Institute for Human Rights, 23 to 24 May 2011, Copenhagen/Denmark

Right of Torture Survivors to Rehabilitation Presentation by Manfred Nowak at the launch event of Dina Yafasova’s book: “Don’t call me a victim” at the International Rehabilitation Council for Torture Victims, Manfred Nowak, 24 May 2011, Copenhagen/Denmark

Integration or disintegration: coping with diversity in multicultural societies Input by Barbara Liegl at a panel discussion in the framework of the conference “Coping with crisis in Europe and Central Asia: Adapting to new threats and challenges” of the International Peace Institute and the Vienna School of International Studies, 24 May 2011, Vienna

Train the Trainer for full-time trainers at the educational centres of the SIAK on the topic of policing and human rights Johanna Lober, Walter Suntinger and Gudrun Rabussay-Schwald jointly conceptualised and implemented a three-day training workshop for full-time police trainers on the topic of policing and human rights, 24 to 26 May 2011, Vienna

June 2011

Fact-Finding and the Documentation of Torture: The Experiences of the UN Special Rapporteur on Torture Opening remarks by Manfred Nowak at the “12th European Conference on Traumatic Stress” focussing on “Human Rights & Psychotraumatology”, 2 June 2011, Vienna

Seminar: “United Nations Human Rights System” Lecture by Manfred Nowak at the Academy of Human Rights and Humanitarian Law Program of Advanced Studies on Human Rights and Humanitarian Law, American University, Washington College of Law, 8 to 17 June 2011, Washington DC/USA

A World Human Rights Court: A Draft Statute Panel discussion with Manfred Nowak, American University, Washington College of Law, 9 June 2011, Washington DC/USA

Racism and discrimination on the Labour Market Barbara Liegl held a workshop and participated in a panel discussion at a conference on “Racism and Discrimination in Employment”, 9 June 2011, Linz

16 The fight against Torture and Ill-Treatment Presentation of the EIDHR project “Atlas of torture” by Julia Kozma at the panel of a conference about the European Instrument for Human Rights (EIDHR), 15 June 2011, Brussels/Belgium

Open Government Data from a Human Rights Perspective Lecture by Christof Tschohl at the 1st Open Government Data Conference in Austria, 16 June 2011, Vienna

Stanford – Vienna Human Rights Conference: US-American and European Approaches to Contemporary Human Rights Problems BIM experts at the opening session: Manfred Nowak, Karin Lukas, 20 June 2011, and presentation by Margit Ammer on “EU Asylum and Migration Policies and Human Rights Challenges”, 22 June 2011, Vienna

War on Terror, Guantánamo Bay and Secret Detention Contribution of Manfred Nowak at the conference, organised by Amnesty International and the European Center for Constitutional and Human Rights, 29 June 2011, Berlin/Germany

July 2011

Responsibility to Protect and Future Challenges University course of Manfred Nowak, European Inter-University Centre for Human Rights and Democratisation (EIUC), 1 July 2011, Venice School of Human Rights, Venice/Italy

August 2011

Green Academy 2020 Presentation by Margit Ammer on environmentally-related migration and the as well as participation in a panel discussion on “The Future of Schengen Regime and the Future of the Others”, 24 August 2011, Vis/Croatia

September 2011 Frequently Asked Questions in Relation to the World Court of Human Rights Participation of Manfred Nowak at the expert meeting on the World Court of Human Rights of the International Commission of Jurists and the Geneva Academy of International Humanitarian Law and Human Rights, 2 September 2011, Geneva/Switzerland

LGBT Rights and European Integration Participation of Hannes Tretter at the plenary panel discussion within the framework of the International Human Rights Conference “Toward Europe, Toward Equality”, 2 September 2011, Danilovgrad/Montenegro

“Forum Privacy” of the Austrian Computer Society (OCG) Input by Christof Tschohl on the issue of data protection and fundamental rights, 8 September 2011, Vienna

17 Forensic Sciences and Human Rights Participation of Manfred Nowak at the 19th Triennial Meeting of the International Association of Forensic Sciences as chair of special session IX: “Forensic Identification and Investigation of Torture”, 14 to 16 September 2011, Funchal/Madeira

The EU's accession to the ECHR Lecture by Hannes Tretter at the conference “Current Reflections on EU Equality and Non- Discrimination Law”, 19 September 2011, Trier/Germany

“Role and Responsibilities of Religious Communities and Civil Society for Conflict Resolution in South Caucasus” – Workshop “Best Practises in Mobilizing Civil Society for Dialogue” Presentation of good practises of the BIM-Care project “Strengthening Women’s Capacity for Peace- Building in the South Caucasus Region” by Sabine Mandl and presentation of good practises of the BIM-ICCN project “Strengthening European partnerships for crisis prevention and response: Civil society peace-building round tables for Georgia” by Claudia Sprenger in the context of a Conference of the Federal Ministry for European and International Affairs, 19 September 2011, Vienna

Criminal Trial in Line with Fundamental Rights

Participation of Christof Tschohl at the panel discussion on current issues of fundamental rights protection in the course of criminal proceedings, during the annual seminar days of the Austrian Association of Judges, 21 to 23 September 2011, Gabelhofen

Amnesty Academy: “Behind closed doors” – Torture in the 21th century One-day seminar relating to the prohibition and prevention of torture in the international, European and Austrian context, Julia Kozma, 24 September 2011, Vienna

Human Rights Protection in Europe The seminar dealt with the different standards and procedures for the protection of human rights developed by the Council of Europe, the OSCE and the EU, Manfred Nowak, 29 September 2011, Yerevan/Armenia

Civil Society and Human Rights Development in Europe Participation of Manfred Nowak at the event “Armenia and : 20 Years of Diplomatic Relations”, Yerevan State Linguistic University, 30 September 2011, Yerevan/Armenia

October 2011

Presentation of the book “Compensation for trafficked persons in Austria” Co-author Julia Planitzer facilitated the presentation and the following panel discussion, organised by the OEGB Publishing House, 6 October 2011, Vienna

“Speak to the World” – film-making event As part of an EU-funded child participation project, Sabine Mandl supported the participation of two young people from Wels and Vienna in a film-making event, 11 to 13 October 2011, Budapest/Hungary

18 EU-Anti-Trafficking-Day in Austria Participation of Julia Planitzer at the panel discussion of the annual event on the occasion of the EU- Anti-Trafficking-Day, organised by the Federal Ministry for European and International Affairs, 17 October 2011, Vienna

The Tension between Fundamental Rights and Fundamental Freedoms – what is the way forward after the Treaty of Lisbon? Application of the Charter of Fundamental Rights in Austria and individual rights derived from it, lecture by Barbara Weichselbaum, Austrian Chamber of Labour, 19 October 2011, Vienna

Racism – Theory and Practice

Lecture by Barbara Liegl in the context of a seminar on research methodology “Integration of Migrants: Own perceptions and perceptions of the others”, Faculty of Political Science and Sociology, Department of Sociology and Cultural Studies, University of Salzburg, 20 October 2011, Salzburg

Human Rights Monitoring of Places of Detention: The CPT, UN Special Rapporteur on Torture and OPCAT mechanisms Participation of Julia Kozma at the general assembly of the Russian human rights organisation “Memorial” with the possibility to give a presentation and take part in discussions on diverse international, European and national monitoring mechanisms that provide for the protection of detainees, in particular against torture and ill-treatment, through preventive visits to places of detention, 28 October 2011, Moscow/Russia

November 2011

Education and equal educational opportunities: The right to education and to equal educational opportunities Selected issues from a constitutional point of view, lecture by Barbara Weichselbaum, University of Klagenfurt, 10 November 2011, Klagenfurt

Interpädagogica Presentation of the activities offered by polis – Austrian Centre for Citizenship Education in Schools and workshop on children’s rights at the major educational fair in Austria, 10 to 12 November 2011, Vienna

Human Rights in Education Participation of Patricia Hladschik at the symposium of the Council of Europe, 24 and 25 November 2011, Strasbourg/

9th International Conference “Cyberspace” Presentation of Christof Tschohl about the Austrian implementation of the EU Data Retention Directive, the role of human rights and the experiences of BIM, Law Faculty, Masaryk University Brno, 25 to 26 November 2011, Brno/

Global Governance and Transnational Human Rights Obligations (GLOTHRO) Participation of Margit Ammer in an executive training seminar as well as presentation in Doctoral School, European University Institute Florence, 28 November to 3 December 2011, Florence/Italy

19 December 2011

Discussion on the film “You don’t like the truth – Four days in Guantánamo” After the screening of the documentary on the interrogation of a juvenile detainee at the detention camp Guantánamo Bay by Canadian security agents, Julia Kozma discussed with Siroos Mirzai (Hemayat) and other participants the “system Guantánamo” as well as effects of torture and ill- treatment on the victims, 9 December 2011, Top Kino, Vienna

Transnational Corporations and Human Rights During the presentation of the latest edition of the journal “Juridikum” on the topic of “Transnational Corporations and Human Rights”, Karin Lukas gave an input based on the article “Human Rights Protection through Measures of Trade Policy?” co-authored with Astrid Steinkellner, Library of the Austrian Chamber of Labour, 13 December 2011, Vienna

All fur coat and no knickers? Looking at Austria through the international lenses of human rights Lecture by Barbara Liegl in the context of a lecture series on “Human Rights & University” organised by the Centre for Peace Research and Peace Pedagogics, Alpen-Adria-University Klagenfurt, 22 December 2011, Klagenfurt

Europe Online: E-Democracy – Theory and Practise in the Digital Discourse Lecture by Christof Tschohl at the interdisciplinary seminar of the postgraduate European Studies (M.E.S.) at the University of Vienna, December 2011

20 Brown Bag Lunch 2011 Since 2007 a so called Brown Bag Lunch has been established at BIM to enhance exchange within the institute. In an informal setting, BIM staff members and affiliates present recent research outcomes and discuss their work.

Migration as a Human Rights research topic Bernhard Perchinig, Austrian migration expert, was invited to speak about research ideas looking at migration from a human rights perspective and to discuss possibilities of concrete projects linked to different BIM research fields such as trafficking, asylum or political participation. 26 January 2011

Social Inclusion and Human Rights in Macedonia Petranka Delova Miladinova, project manager of the BIM office in Skopje, reported on the development of the second project phase, with a special focus on the campaign “One of Every Three Macedonians Leads a Patched Life” which was organised in the framework of the European Year against Poverty and Social Exclusion 2010. 2 February 2011

Digital Rights und Human Rights Hannes Tretter and Christof Tschohl invited to a brainstorming in order to develop a BIM strategy on “digital rights”. The aim was to learn from BIM’s experiences in the field of “data protection” and to discuss next possible steps in order to broaden this approach and implement “digital rights” and “human rights in the information society” as new research area. BIM staff, experts and media representatives attended the workshop. 7 June 2011

The role of women in peace and democratisation processes based on the examples of Georgia, Azerbaidjan and Armenia Sabine Mandl presented three BIM country studies elaborated in a cooperation project with CARE. What relevance does the UN Security Council Resolution 1325 (women, peace, security) have and what different initiatives linked to the resolution exist? 6 September 2011

21 Cinema and Human Rights 2011 “Cinema and Human Rights” is an events series in cooperation with the Research Platform “Human Rights in the European Context” and the Viennese Top Kino. Documentaries on human rights topics are screened and discussed. The film evenings are also part of a seminar at the University of Vienna. Detailed information can be found at: http://human-rights.univie.ac.at/veranstaltungsreihen/cinema-and-human-rights/

The Green Wave, 10 May 2011 Nigger, 16 May 2011 The Prosecutor, 17 May 2011 The Mormon Proposition, 30 May 2011 Justice for Sergej, 1 June 2011 FC Chechnya, 22 July 2011 Travelogue, 28 July 2011 No More Fear, 1 December 2011 War on Terror, 5 December 2011 Our School, 6 December 2011 Bastøy, 7 December 2011 Kimjongilija, 9 December 2011

22 Human Rights Talks (Public Lecture Series) 2011 In spring 2009, a new series of discussion events was established by the research platform “Human Rights in the European Context” in cooperation with BIM. Austrian and international experts discuss current human rights relevant topics from inter-disciplinary points of view. BIM staff usually contributes to this events series as panelists or moderators. Detailed information can be found at: http://human-rights.univie.ac.at/veranstaltungsreihen/human-rights-talks/

The Rights of Digital Citizens. Facebook, Google and Cyber crime: New Challenges to EU Fundamental Rights in the Digital Era 19 January 2011

The future of the European Asylum System – Which lessons can be learned from the situation in Greece In cooperation with ÖGAVN (Foreign Policy and United Nations Association of Austria) and AFA (Academic Forum for Foreign Affairs), 10 March 2011

Discriminated everywhere? The situation of Roma in the EU In cooperation with Amnesty International Austria and the House of the European Union in Vienna, 29 March 2011

Compensation for exploitation? Victims of human trafficking and their access to compensation In cooperation with the Austrian Federal Ministry of Justice und LEFÖ, 13 April 2011

The European Integration: Engine for Democratisation Processes and Human Rights? The Case of Croatia In cooperation with the House of the European Union in Vienna, 18 May 2011 Role and responsibility of Frontex and the EU Member States in the protection of human rights at Europe’s borders In cooperation with the European Green Party, 26 May 2011

Human Rights and the Rule of Law in Hungary in the Órban Era In cooporation with the Diplomatic Academy Vienna, 6 June 2011

US v. Europe – Human Rights Standards, Mechanisms and Policies In cooperation with the University of Vienna and Stanford University, 20 June 2011

Ten years war on terror: European security policy and human rights protection after 9/11 In cooperation with the Diplomatic Academy of Vienna, 20 September 2011

One school for all. On the way to an inclusive education system in Europe In cooperation with the House of the European Union and Lebenshilfe Österreich, 19 October 2011

In the Defence of Human Dignity in Belarus: Church and State Policies and Human Rights In cooperation with the Diplomatic Academy of Vienna, 10 November 2011

The universal human rights review as an engine for human rights policy in Europe? In cooperation with the Human Rights Film Festival “this human world”, 7 December 2011

23 University courses During summer term 2011 and winter term 2011/12 the following courses were offered by BIM staff members:

Law Faculty, University of Vienna Cinema and Human Rights Manfred Nowak International Criminal Justice Manfred Nowak, Frank Höpfel, Gerhard Hafner International and European Human Rights Regime Julia Kozma, Manfred Nowak Human Rights and Business Manfred Nowak Preventing and Combating Torture Manfred Nowak, Moritz Birk, Johanna Lober

European Studies, postgraduate Master Programme (M.E.S), University of Vienna Interdisciplinary Seminar “Europa Online: E-Democracy” Christof Tschohl Margit Ammer, Michael Frahm, Marta Hodasz, Monika Mayrhofer

LL.M. International Legal Studies, University of Vienna Seminar “Human Rights” Manfred Nowak

M.A.I.S. – Master of Advanced International Studies, Diplomatic Academy of Vienna Seminar on the Protection of Human Rights Manfred Nowak Workshop: Human Rights and Gender Issues Manfred Nowak

European Master’s Degree in Human Rights and Democratisation (E.MA), Venice Human Rights in the Field Julia Kozma, Manfred Nowak

University of Applied Sciences St. Pölten, Programme Social Work Course “Human rights and human dignity. The basics of the profession” Manfred Nowak

University of Auckland, New Zealand International Human Rights Manfred Nowak

Webster University Vienna Theories of Human Rights Manfred Nowak

24 Publications

BIM Study Series published by Neuer Wissenschaftlicher Verlag since 2009: Volume 16: Benedek, Wolfgang/Gregory, Clare/Kozma, Julia/Nowak, Manfred/Strohal, Christian Theuermann, Engelbert (Ed.): Global Standards – Local Action. 15 Years Vienna World Conference on Human Rights, Vienna, 2009. Volume 17: Lukas, Karin/Hutter, Franz-Josef: Menschenrechte und Wirtschaft. Die menschenrechtliche Verantwortung von Unternehmen, Staaten und der internationalen Gemeinschaft, Vienna, 2009. Volume 18: Kozma, Julia/Nowak, Manfred/Schmidt, Roland (Ed.): Indicators and Monitoring Systems as Preventive Tools for ensuring Peace and Security and Respect for Human Rights in External Policy-Making of the EU, Vienna, 2009. Volume 19: Buchinger, Kerstin: The Optional Protocol to the United Nations Convention against Torture, Vienna, 2009. Volume 20: Nowak, Manfred/Schmidt, Roland: Extraordinary Renditions and the Protection of Human Rights, Vienna, 2010. Volume 21: Hassine, Khaled: Housing & Property Directorate in Kosovo, Vienna, 2009. Volume 22: Kozma, Julia/Nowak, Manfred/Scheinin, Martin: A World Court of Human Rights – Consolidated Statute and Commentary, Vienna, 2010.

Monographs 2011 Ammerer, Heinrich/Windischbauer, Elfriede: Kompetenzorientierter Unterricht in Geschichte und Politischer Bildung: Diagnoseaufgabe mit Bildern. Vienna: Zentrum polis, 2011. Birk, Moritz/Kozma, Julia/Long, Debra/Schmidt, Roland/Steinerte, Elina/Watts, Zoe Oliver: Pretrial Detainees and Torture: Why Pretrial Detainees Face the Greatest Risk. New York: Open Society Foundation, 2011. Planitzer, Julia/Probst, Evelyn/Steiner, Barbara/Unterlerchner, Barbara: Entschädigungsmöglichkeiten für Betroffene des Menschenhandels in Österreich. Vienna: OEGB- Verlag, 2011.

Co-edited 2011 European Yearbook on Human Rights 11. Ed.: Wolfgang Benedek, Florence Benoit-Rohmer, Karl Wolfram, Manfred Nowak, Matthias C. Kettemann. Vienna: Boehlau, 2011. Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: NWV, 2011.

Individual Publications and Articles 2011 Dörnhöfer, Stefanie/Linder, Barbara/Steinkellner, Astrid: Datenschutz und Corporate Social Repsonsibility: stärker zu zweit! In: Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: Boehlau, 2011. pp. 226-242.

25 Kinzelbach, Kathrin/Kozma, Julia: Portraying Normative Legitimacy: The EU in Need of Institutional Safeguards for Human Rights. In: The Politics of European Security Policies. Ed.: Xyemna Kurowska, Patryk Pawlak. London: Routledge, 2011. Kozma, Julia/Nowak, Manfred/Scheinin, Martin: A World Court of Human Rights. Consolidated Draft Statue. In: Protecting Dignity: An Agenda for Human Rights. Geneva: Swiss Federal Affairs and Geneva Academy of International Humanitarian Law and Human Rights, 2011. pp. 46-59. Liegl, Barbara: Rechtliche Mindeststandards als Grundlage für Diversity Management. In: Praxisbuch Diversity Management. Ed.: Norbert Pauser, Manfred Wondrak. Vienna: Facultas, 2011. pp. 59-77. Liegl, Barbara/Spitaler, Georg: Duell der Legionäre – Helden des Wiener Derbies aus dem Ausland. In: Alles Derby! 100 Jahre Rapid gegen Austria. Ed.: E. Schütz, D. Jacono, M. Marschik. Göttingen: Die Werkstatt, 2011. Lober, Johanna: Spannungsfeld von Beratung und Kontrolle. Wirksamkeitsfaktoren von nationalem Menschenrechtsmonitoring am Beispiel des österreichischen Menschenrechtsbeirates. In: Grundrechtsmonitoring. Chancen und Grenzen des außergerichtlichen Menschenrechtsschutzes. Ed.: Christoph Gusy. Baden-Baden: Nomos, 2011. pp. 77-104. Lukas, Karin/Steinkellner, Astrid: Menschenrechtsschutz durch Maßnahmen der Handelspolitik? In: juridikum – Zeitschrift für Kritik, Recht, Gesellschaft. No. 3. Vienna: Verlag Österreich, 2011. Lukas, Karin: Human Rights in the Supply Chain. In: The UN Guiding Principles on Business and Human Rights. Foundations and Implementation. Ed.: Radu Mares. Leiden: Nijhoff, 2011. Nowak, Manfred/Schmidt, Roland: Hybrid Courts – Best of both worlds or caught between two stools. In: Interdisciplinary Studies of Comparative and Private International Law. Vol. II. Ed.: Bea Verschraegen. Vienna: Jan Sramek, 2011. Nowak, Manfred: Preface. In: Humiliation, Degradation, Dehumanization. Human Dignity Violated. Library of Ethics and Applied Philosophy/24. Ed.: Paulus Kaufmann, Hannes Kuch et al. Vienna [et al.]: Springer, 2011. pp. V-VI. Nowak, Manfred: Auf dem Weg zu einem Weltgerichtshof für Menschenrechte. In: Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: Böhlau, 2011. pp. 364-380. Nowak, Manfred: Torture and Condition of Detention in the 21st Century. 60 Recommendations to States and the United Nations after Six Years of Experience as the UN Special Rapporteur on Torture. In: European Yearbook on Human Rights 11. Ed.: Wolfgang Benedek, Florence Benoit- Rohmer, Karl Wolfram, Manfred Nowak, Matthias C. Kettemann. Vienna: NWV, 2011. pp. 549-558. Nowak, Manfred: Zur Arbeit des UN-Sonderberichterstatters über Folter. In: Folterprävention im völkerrechtlichen Mehrebenensystem. Studien zu Grund- und Menschenrechten, Vol. 16. Ed.: Andreas Zimmermann. Potsdam: Universitätsverlag Potsdam, 2011. pp. 71-79. Nowak, Manfred: The UN Special Rapporteur on Torture. Experience and Challenges. In: Human Rights and Science. Nova Acta Leopoldina, Vol. 113, No. 387. Stuttgart: Wissenschaftliche Verlagsgesellschaft, 2011. pp. 25-28. Nowak, Manfred: The Crime of Torture. In: Global Violence. Consequences and responses. Forty years of excellence in Humanitarian Dialogue: The 40th Anniversary of the International Institute of Humanitarian Law, 33rd Round Table on Current Issues of International Humanitarian Law (San Remo, 9.-11. September 2010). Ed.: Marco Odello, Gian Luca Beruto. Milano: Angeli, 2011. Nowak, Manfred: Report of the Panel on Human Dignity. In: Panel on Human Dignity – An Agenda for Human Rights. 2011 Report. Geneva: Swiss Federal Affairs and Geneva Academy of International Humanitarian Law and Human Rights, 2011. pp. 11-40.

26 Nowak, Manfred: A World Court of Human Rights. In: Panel on Human Dignity – An Agenda for Human Rights. 2011 Report. Geneva: Swiss Federal Affairs and Geneva Academy of International Humanitarian Law and Human Rights, 2011. pp. 41-44. Nowak, Manfred: Outline for Action on Detention. In: Panel on Human Dignity – An Agenda for Human Rights. 2011 Report. Geneva: Swiss Federal Affairs and Geneva Academy of International Humanitarian Law and Human Rights, 2011. pp. 93-94.f Nowak, Manfred: Foreword on a World Court of Human Rights and Report of the Eminent Persons Panel-Protecting Dignity. In: Panel on Human Dignity – An Agenda for Human Rights. 2011 Report. Geneva: Swiss Federal Affairs and Geneva Academy of International Humanitarian Law and Human Rights, 2011. pp. 54-59. Nowak, Manfred: Das Amt des UN-Sonderberichterstatters über Folter – Eine Bilanz nach 6 Jahren. In: Vereinte Nationen. Die UN und Menschenrechte. Jg. 59, Heft 5. Berlin: Berliner Wissenschaftsverlag, 2011. pp. 202-209. Nowak, Manfred: Buchbesprechung. Christoph A. Spenlé. Die Staatenberichtsverfahren der UNO- Menschenrechtsverträge. Zur Notwendigkeit einer Reform der Kontrollmechanismen der UNO- Menschenrechtsverträge. In: ZÖR – Zeitschrift für Öffentliches Recht. Vol. 66. Zurich [et al.]: Schultes, 2011. pp. 393-396. Planitzer, Julia/Sax, Helmut: Combating Trafficking in Human Beings for Labour Exploitation in Austria. In: Combating Trafficking in Human Beings for Labour Exploitation. Ed.: Conny Rijken. Nijmegen: Wolf Legal Publishers, 2011. pp. 1-72. Sax, Helmut: Kinderrechte in der Verfassung – was nun? In: Zeitschrift für Ehe- und Familiengesetz (EF-Z). Vienna: Manz, 2011. pp. 204-210. Sax, Helmut: Kinderrechte vollinhaltlich umgesetzt? In: Jus Alumni Magazin. Heft 03/2011. Vienna: LexisNexis, 2011. Steinkellner, Astrid: Ludwig Boltzmann Institut für Menschenrechte: Juristisches Arbeiten am Puls der Zeit. In: Marburg Law Review No. 1. Marburg: Marburg Law Review e.V., 2011. pp. 67-69. Tretter, Hannes: Artikel 3 der Europäischen Menschenrechtskonvention. In: Österreichisches Bundesverfassungsrecht. Textsammlung und Kommentar. Vol. 3. Ed.: Karl Korinek, Michael Holoubek. Vienna: Verlag Österreich, 2011. Tretter, Hannes: Editorial. In: Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: Boehlau, 2011. pp. 9-17. Tretter, Hannes: Die EU aus datenschutzrechtlicher Sicht. Ein Raum der Freiheit, der Sicherheit und des Rechts? In: Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: Boehlau, 2011. pp. 34-50. Tschohl, Christof: Der Europäische Vorrat an Daten über Kommunikationsverhalten. In: Nothing to hide – nothing to fear? Datenschutz – Transparenz – Solidarität. Jahrbuch Menschenrechte 2011. Ed.: Heiner Bielefeldt, Volkmar Deile, Brigitte Hamm, Franz Josef Hutter, Sabine Kurtenbach, Hannes Tretter. Vienna: Boehlau, 2011. pp. 74-86. Tschohl, Christof: Die Anonymität im Internet – Umsetzung der Vorratsdatenspeicherungs- Richtlinie im österreichischen Telekom-, Strafprozess- und Sicherheitspolizeigesetz. In: Aktuelle Rechtsfragen der Internetnutzung. Vol. 2. Ed.: Wojciech Jaksch-Ratajczak und Arthur Stadler. Vienna: Facultas, 2011. pp. 341-359. Weichselbaum, Barbara: Grundrechte, Grundfreiheiten und der Vertrag von Lissabon. Neues zum Thema Kollektivverhandlungen und kollektive Maßnahmen. In: DRdA – Das Recht der Arbeit. No. 2. Vienna: Bundeskammer für Arbeiter und Angestellte, 2011. pp. 103-111.

27 Weichselbaum, Barbara: Betteln als Verwaltungsstrafbestand – die grundrechtliche Sicht am Beispiel des Verbots “gewerbsmäßigen Bettelns”. In: JRP – Journal für Rechtspolitik. Heft 19. Vienna [et al.]: Springer, 2011. pp. 93-109. Weichselbaum, Barbara: Des Nachbarn Leid, des Sammlers Freud. In: Casebook Verwaltungsrecht. Ed.: Harald Eberhard, Markus Vasek. Vienna: Facultas, 2011. pp. 91-100. Weichselbaum, Barbara: 30 Minuten reichen aus um eine Abschiebung am Flughafen zu stoppen. Besprechung (VwGH 23.9.2010, 209/21/0361). In: migraLex No. 3. Ed.: Heinz Mayer, Clemens Jabloner, Ewald Wiederin, Christoph Grabenwarter. Vienna: Facultas, 2011. pp. 89-90.

Studies, Working Papers, Reports 2011 Kozma, Julia/Lubich, Alexander: Thematic Legal Study on Access to Justice. European Union Agency for Fundamental Rights, 2011. Krisper, Stefanie: Bundesgesetz mit dem u.a. das Fremdenpolizeigesetz 2005 geändert wird. January 2011. Lukas, Karin: Unternehmensverantwortung und autoritäre Regime. March 2011. http://bim.lbg.ac.at/de/menschenrechte-wirtschaft/unternehmensverantwortung-autoritaere-regime Mandl, Sabine: Women in Georgia. Peace, Security and Democracy from a Women's Rights Perspective. Desk-research carried out in the framework of the CARE-Project “Strengthening Women's Capacity for Peace-building in the South Caucasus Region”, 2011. http://bim.lbg.ac.at/files/sites/bim/Women%20in%20Georgia_Peace_Security_Democracy_0.pdf Mandl, Sabine: Women in Armenia. Peace, Security and Democracy from a Women's Rights Perspective. Desk-research carried out in the framework of the CARE-Project “Strengthening Women's Capacity for Peace-building in the South Caucasus Region”, 2011. http://bim.lbg.ac.at/files/sites/bim/Women%20in%20Armenia_Peace_Security_Democracy_0.pdf Mandl, Sabine: Women in Azerbaijan. Peace, Security and Democracy from a Women's Rights Perspective. Desk-research carried out in the framework of the CARE-Project “Strengthening Women's Capacity for Peace-building in the South Caucasus Region”, 2011. http://bim.lbg.ac.at/files/sites/bim/Women%20in%20Azerbaijan_Peace_Security_Democracy_0.pdf

Expert Opinions and Statements 2011 Ammer, Margit/Crowley, Niall/Holzleithner, Elisabeth/Liegl, Barbara/Wladasch, Katrin/Yesilkagit, Kutsal: Study on Equality Bodies set up under Directives 2000/43/EC, 2004/113/EC and 2006/54/EC. Utrecht, Vienna: Human European Consultancy & Ludwig Boltzmann Institute of Human Rights, 2011. http://ec.europa.eu/social/BlobServlet?docId=6454&langId=en Ludwig Boltzmann Institute of Human Rights: Statement on the government's draft of the “Änderung des B-VG und OPCAT-Durchführungsgesetz”. July 2011. http://bim.lbg.ac.at/files/sites/bim/BIM_Stellungnahme%20zur%20OPCAT- Umsetzung_4%20Juli%202011_Annex%201+2.pdf Sax, Helmut: Stellungnahme zum Bundesverfassungsgesetz über die Rechte von Kindern 2011, Verfassungsausschuss des Nationalrats, January 2011. http://bim.lbg.ac.at/de/aktuelles/kinderrechte-verfassung-leider-nur-halbherzig-mutlos Tretter, Hannes: Analysis of the Protection of Electronic Communications according to the Law of Electronic Communication Law (ECL) considering the Criminal Procedure Code (CPC) whether they are in conformity with EU-Standards. IPA 2009 – Implementation of Personal Data Protection Strategy in Montenegro (MN 09 IB JH 03), 4 March 2011.

28 Tretter, Hannes: Analysis of the Law on Identity Cards 2010 and the Law on Travel Documents 2008 with regard to conformity with EU-Standards. IPA 2009 – Implementation of Personal Data Protection Strategy in Montenegro (MN 09 IB JH 03), 3 June 2011 Tretter, Hannes: Compatibility of the Law on the National Security Agency 2011 with the relevant EU data protection legislation and data protection standards in the EU. IPA 2009 – Implementation of Personal Data Protection Strategy in Montenegro (MN 09 IB JH 03), 27 October 2011 Tretter, Hannes: Was Libyens Zivilbevölkerung von Europa braucht. In: Der Standard. 7 March 2011. Vienna: Der Standard, 2011. http://bim.lbg.ac.at/de/stellungnahmen-gutachten/position-des-ludwig-boltzmann-institut-fuer- menschenrechte-zur-revolution-libyen

Periodicals 2011 polis aktuell. Magazine for teachers and multipliers

 1/2011: Menschenrechte, Politik und Medien in der Volksschule  2/2011: Stadt und Politik  3/2011: Auf dem Weg zu einer europäischen Identität?  4/2011: Gesetze  5/2011: Atomkraft pro und contra. Ideen zum fächerverbindenden Unterricht in politischer Bildung  6/2011: Leben und Lernen in der digitalen Welt – Menschenrechte in der Informationsgesellschaft  7/2011: Stadt und Politik  8/2011: Klassengemeinschaft polis elektronic newsletter Electronic newsletter on a regular basis with comprehensive information on citizenship education, human rights education, consumer education and education for sustainable development. www.politik-lernen.at/newsletter

Translations 2011 Children's rights alliance for England (Ed.): Wir möchten's wissen. (OT: How children and young people can have a say in European and international decision-making.). Translation: Ludwig Boltzmann Institute of Human Rights. Vienna, 2011. www.politik-lernen.at/site/gratisshop/shop.item/105993.html Französische Menschenrechtsliga (Ed.): Unter Beobachtung. (OT: Under Surveillance). Translation: Zentrum polis. Vienna, 2011. www.politik-lernen.at/site/gratisshop/shop.item/106024.html e.ma Masterthesis Cunniffe, Diarmuid: “The Worst Scars are in the Mind” – Deconstructing Psychological Torture Povolna, Michaela: No Cure for Data That’s Insecure. An Analysis of the European Health Data Protection Safeguards

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30 Finances

Activities of the BIM are implemented via three different legal entities: the Ludwig Boltzmann Association, the BIM-Research Association and the University of Vienna in the framework of the Research Platform “Human Rights in the European Context”. The budget allocated to the Ludwig Boltzmann Association amounts to € 1,95 million in 2011, the part processed via the Research Association are € 690,000, the Research Platform operates with an annual budget of € 120,000. Funding of the BIM comes from a broad spectrum of different sources and is mainly project-based. The following charts show how funding is divided according to donors and cooperation partners:

Funding Ludwig Boltzmann Association 2011

International organisations Ludwig Boltzmann Foundations 2,0% Universities Association 0,9% 1,3% 6,1% National private and Federal funding public busisness 7,4% 8,6%

European Union 73,7%

Funding BIM-Research Association 2011

Private funding 2,3% Foundations Chamber of Commerce, European 4,2% Other Chamber of Labour Union 0,9% 0,2% 6,0%

National pivate and public business 9,8% Federal funding 72,7% Universities 3,9%

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32 Staff

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

Permanent staff

Human Dignity and Public Security Julia KOZMA Team leader Combating torture

Research Platform “Human Rights in the Univ. European Context” Vienna Moritz BIRK Combating torture Tiphanie CRITTIN Combating torture Dominik HOFMANN Human Rights Advisory Board, secretariat RA Stephanie KRISPER Human Rights Advisory Board, Commissions 2 RA and 3 Barbara KURZ Human Rights Advisory Board, Commissions 2 RA and 3 Johanna LOBER Combating torture Univ. Vienna Caroline PAAR Human Rights Advisory Board, secretariat RA Roland SCHMIDT Combating torture (until August 2011) Julia ZEILINGER Combating torture, research fellow German Academic Exchange Service (until April 2011)

Human Rights in Development Cooperation and Business Karin LUKAS Team leader Development cooperation, Business and Human Rights Karin LEITNER Development cooperation, trainee of the Austrian Chamber of Commerce (until February 2011) Barbara LINDER Business and Human Rights PhD Fellow, college “Empowerment through Univ. Human Rights” Vienna Christine SOMMER Development cooperation

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Claudia SPRENGER Development cooperation, rights of people with disabilities Astrid STEINKELLNER Business and Human Rights, fundamental rights CSR RA Christof TSCHOHL Data protection, fundamental rights Petranka DELOVA BIM Skopje RA Jagoda ILJOV BIM Skopje RA Stojan MISEV BIM Skopje RA Ninoslav MLADENOVIC BIM Skopje RA

European Neighbourhood and Integration Policy Susanne FRACZEK Team leader Heidrun AIGNER Project management Claudia HÜTTNER Project management Marion KIRSCH Project management Karin LEITNER Project assistant, trainee of the Austrian Chamber of Commerce (until February 2011) Anna MÜLLER-FUNK EU Fundamental Rights Agency RA Research Platform “Human Rights in the Univ. European Context” Vienna

Antidiscrimination, Asylum, Migration Barbara LIEGL Team leader (until September 2011) Anti-discrimination Resident Twinning Advisor in Croatia RA “Establishing a comprehensive system for anti- discrimination protection” (since November 2011) Margit AMMER Anti-discrimination, Asylum Michael FRAHM Anti-discrimination, Asylum Katharina KÖHLER Anti-discrimination (on unpaid leave since RA February 2008) Monika MAYRHOFER Anti-discrimination Katrin WLADASCH Team leader (since October 2011) Anti-discrimination

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Women’s Rights, Child Rights, Trafficking in Human Beings Helmut SAX Team leader Child rights, trafficking in human beings, development cooperation Angelika KARTUSCH Women’s rights (on maternal leave until August 2011) Sabine MANDL Women’s rights RA, LBG Julia PLANITZER Women’s rights, trafficking in human beings PhD Fellow, college “Empowerment through Human Rights”

Human Rights Education Patricia HLADSCHIK Team leader RA Zentrum polis Ingrid AUSSERER Zentrum polis RA Maria HAUPT Zentrum polis RA Dorothea STEURER Zentrum polis RA Elisabeth TUREK Zentrum polis RA

Administration, Assistance, University Lectures Helga BAUMSCHABL Secretariat, COST Action RA Margit BRAUN Secretariat Grazyna CZEMRYSZEWSKA Cleaning RA

Tina HOFSTÄTTER Assistant to Prof. Manfred Nowak Univ. Vienna Vreni HOCKENJOS Doctoral college “Empowerment through Human Rights” Coordination of the European Master’s Degree FV in Human Rights and Democratisation (E.MA) Rainer JANTSCHER IT-Support Karolina JANUSZEWSKI Assistant to Prof. Nowak Univ. Vienna Petra MACHACEK Library Martin NEUBAUER Administration, accounting Karl SCHÖNSWETTER Accounting RA Tanja VOSPERNIK Library (on maternal leave since August 2010) Barbara WEICHSELBAUM Assistant to Prof. Hannes Tretter Univ. Vienna

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Katharina WÖLFEL Project development

Research Platform “Human Rights in the Univ. European Context” Vienna Susanne ZANJAT Secretariat, apprentice RA

Fellowship Marianna KONDICS Research fellow of the long-term programme of RA “Civic Education in Action” of the Federal Agency for Civic Education and the Robert Bosch Foundation (since November 2011)

Volunteers, academic trainees, interns Julia BASCHKATOW Elena CASTELLUCCI Gabriele DETSCHMANN Maren-Kathrin DIEKMANN Daniel DAROUSSIS Petra ENENGEL Andrea FÖDERLER Ermano GEUER Lilian Sarah HAGENLOCHER Karin HUBER Thomas HUBER Karin JOVIC Marlene KEUSCH Franziska KOHLER Verena LEITNER Gosia LUKASIK Andrea MEYER Maria NAASS Simona NASTINCOVA Christoph NOTHDURFT Jimy PERUMADAN Stella REHBEIN Matthias SCHLÖGL Natalia STRAROWICZ Ulrike VAISHAIPL Elisabeth WEBER Evelyn-Maria WIGGERT Julia WOJTA

Board and auditors BIM Research Association Hannes TRETTER Director Fiona STEINERT Director Andreas LUMMERSTORFER Auditor Jutta ZALUD Auditor

36 Projects

Fundamental Rights / Human Rights COST Action: The Role of the EU in UN Human Rights Reform……………………………………………………...39 Assistance to the Management Board of the EU Fundamental Rights Agency ...... 40 “this human word” – Vienna International Human Rights Filmfestival...... 41 Training Curriculum on Fundamental Rights for Judgeship Trainees ...... 42 E.MA – European Master’s Degree in Human Rights and Democratisation...... 43 Human Dignity and Public Security Atlas of Torture: Monitoring and Preventing Torture Worldwide ...... 44 The Awareness Raising and Training Measures for the Istanbul Protocol in Europe Project ...... 45 Assistance to the Human Rights Advisory Board and its Visiting Commissions at the Austrian Ministry of the Interior ...... 46 Training in torture prevention for human rights defenders in Azerbaijan ...... 47 Human Rights in Development Cooperation and Business Social Inclusion and Human Rights in Macedonia...... 48 Inclusive Tanzania - inclusive education and political participation of persons with disabilities through empowerment and capacity building ...... 49 Extrajudicial Complaint Mechanisms – Resolving Conflicts of Interests between Business and Human Rights ....50 Consultancy of the Austrian Export Credit Agency (OeKB) on a Human Rights Based Approach in Export Services...... 51 OMV Gap Analysis. Advice to OMV in the area of human rights...... 52 European Neighbourhood and Integration Policy EU-Twinning – Implementation Capacity of Turkish Police to Prevent Disproportionate Use of Force ...... 53 EU-Twinning – Support to the enhancement of the capacity of the Ombudsman administration ...... 54 EU-Twinning – Promoting Gender Equality in Working Life ...... 55 EU-Twinning – Implementation of Personal Data Protection Strategy...... 56 EU-Twinning – Establishing a comprehensive system for anti-discrimination protection...... 57 DANIDA – Turkey Political Criteria Programme (TPCP II)...... 59 Anti-Discrimination, Diversity and Asylum Access to Justice in Discrimination Cases………………………………………………………………………………..60 RED-Network – Combating Racism, Xenophobia and Intolerance...... 61 Analysis of the Ombudsman Offices of the APOR region of the I.O.I...... 62 Elective Course of Lectures on “Protection against Discrimination” ...... 63 Analysis of the Judicial Protection in the Austrian Asylum Proceedings...... 64 The Protection of Survivors of Torture Seeking Asylum in Austria ...... 65 ClimMig: Climate-induced migration and displacement and the need for new legal, policy and institutional frameworks...... 66 PluS – Plurilingual speakers in unilingual contexts. Migrants from African countries in Vienna: Language practices and institutional Communication...... 67 Women's Rights, Child Rights, Anti-Trafficking Strengthening Women’s Capacities in peace building in the Region of South Caucasus...... 68 COMP.ACT – European Action for Compensation for Trafficked Persons ...... 69 Combating Trafficking in Human Beings for Labour Exploitation...... 70 Trafficking in Human Beings as a form of Torture ...... 71 Assistance and reintegration of child victims of trafficking – ARECHIVIC ...... 72 End violence against children and juveniles in custody ...... 73 DAPHNE Diffusion – Information tools for a DAPHNE programme community...... 74

37

Children’s views on involvement in European and international decision-making ...... 75 INTEGRACE – Integrating Refugee and Asylum-seeking Children in the Educational Systems of EU Member States ...... 76 Human Rights Education polis – Austrian Centre for Citizenship Education in Schools ...... 77 VOICE. Developing citizens. Paths to core-competencies through a problem-based learning project in civic education...... 78 Digital Rights Study on Data Security within the Transposition of Data Retention Directive in Austria...... 79

38

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

Summary

The new COST Action The Role of the EU in UN Human Rights Reform builds upon the cooperation of the AHRI network (Association of Human Rights Institutes) in the framework of the former COST Action Human Rights, Peace and Security in EU Foreign Policy. The new project started officially with a start-up meeting in February 2009. The main objective of the Action is to increase and consolidate knowledge of the ongoing process of institutional and procedural reforms of the United Nations human rights system, so as to recommend standpoints for the European Union in this process working towards strengthening the protection of human rights worldwide. The total number of participating countries (presently 17) has more than doubled since the start of the Action. During 2009, four countries (Iceland, Ireland, Israel and Spain) joined the Action, and in 2010 another five countries (FYR of Macedonia, Italy, Luxembourg, Poland and Sweden). The Graduate School of Public and Development Management – University of the Witswatersrand from South Africa is joining the Action as institution from a non-COST country since the year 2011. In the context of the UN treaty body reform, the most innovative idea of reform – the creation of a World Court of Human Rights – emanates directly from the COST Action. The consolidated version of a draft statute for a World Court has been published in 2010 (by Julia Kozma, Manfred Nowak and Martin Scheinin). Furthermore, various innovative ideas of reforming the Human Rights Council were developed and discussed. Another focus of the Action has been on developments regarding partnerships and UN human rights development tools. In the year 2011, three publications (titles see below) have been financed by the Action’s budget. The Annual Conference of 2011 “The right(s) moment is now!” took place in Venice (co-hosted by the European Inter-University Centre EIUC, Venice, and the BIM, Vienna) – with practitioners, researchers and experts from member institutions as well as scholars and scientists from European universities. → http://w3.cost.esf.org/index.php?id=233&action_number=IS0702 → www.ahri-network.org

Countries Europe

Persons Management Committee Manfred Nowak involved Chair

BIM COST participants Julia Kozma Karin Lukas Tina Hofstätter

Administration Helga Baumschabl

Contact Helga Baumschabl, [email protected]

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

Starting/ 2009 to 2013 end date

Publications Vandenhole, Wouter/Gready, Paul: Human Rights and Development in the New Millenium: Towards a Theory of Change, 2011 Buhmann, Karin/Ryngaert, Cedric: Business and Human Rights in Conflict Zones, 2011 Mares, Radu: The UN Guiding Principles on Business and Human Rights, 2011

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

39

Assistance to the Management Board of the EU Fundamental Rights Agency

Summary

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

Country Austria

Persons Vice Chair of FRA Hannes Tretter involved Management Board

Scientific and administrative Anna Müller-Funk assistance

Contact person Anna Müller-Funk, [email protected]

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

Starting/ Ongoing since September 2007 end date

Funded by Austrian Federal Chancellery

40

“this human word” – Vienna International Human Rights Filmfestival

Summary

From the 30th of November to the 10th of December 2011, the Human Rights Film Festival “this human world” took place for the fourth time, with BIM as one of the main partners of the festival. On the occasion of the international (10 December), the festival aims to raise awareness of the worldwide situation of human rights. More than 100 films were screened, highlighting the variety of human rights issues. As a research institution, BIM took on the role of analysing the issues raised in the films from a human rights perspective and making them accessible for the wider audience by hosting panel discussions with BIM as well as invited experts. These events were also part of the seminar “Cinema and Human Rights”, which was offered during the winter term at the University of Vienna for the sixth time. During the Film Festival, BIM put on five film screenings, all followed by panel discussions. One of the highlights of the festival was the screening of the world premiere, “War on Terror”, (directed by Sebastian J.F.) at the Gartenbaukino which was followed by a discussion with Marjorie Cohn (Author of “The United States and Torture”), Sebastian J.F. (Director), Manfred Nowak (Ludwig Boltzmann Institute of Human Rights and University of Vienna) and (Amnesty International). The other films screened were the documentary “No More Fear”, which traces the story of the Jasmine Revolution in Tunisia; “Kimjongilia”, a depiction of the human rights situation in North Korea achieved through the use of interviews with North Korean dissidents and the inclusion of the regime’s propaganda; “Bastoy”, a film which portrays an unusual project conducted in a Norwegian jail; as well as “Our School”, in which the filmmaker follows the lives of children from the Roma community in Romania over the course of four years. HUMAN RIGHTS TALKS were also held within the framework of the festival. In total, the festival attracted an audience of more than 2,000 visitors. → www.thishumanworld.at → http://human-rights.univie.ac.at

Country Austria

Persons Organisation Anna Müller-Funk involved BIM experts Manfred Nowak Margit Ammer Julia Kozma Anna Müller-Funk Julia Planitzer Helmut Sax Hannes Tretter

Contact person Anna Müller-Funk, [email protected]

Lead Top Kino, Wien Partner  Ludwig Boltzmann organisation organisations Institute of Human Rights  Human Rights League  Amnesty International  Research Platform “Human Rights in the European Context”  many others Starting/ 30 November to 10 December 2011 end date

Publication -

Funded by Funding: Wien Kultur, Austrian Federal Ministry for Education, the Arts and Culture, Austrian Federal Ministry for Foreign Affairs, and others Sponsoring: Air Berlin, Der Standard, Museumsquartier, and others

41

Training Curriculum on Fundamental Rights for Judgeship Trainees

Summary

In cooperation with the Federal Ministry of Justice, the Association of Austrian Judges (Department Fundamental Rights) and two other Austrian human rights institutes, BIM has been developing a human rights curriculum for judgeship trainees. In 2008 a first round of fundamental rights seminars was conducted, which have continuously been modified and optimised based upon both, the lecturers’ experiences and the feedback received from the participants. In 2011 altogether 4 seminars took place, 2 of them within the district of the higher regional court Vienna, arranged by the BIM-team in May and September 2011. After the decision of all partners to extend the seminars, the fundamental rights trainings now take three days, are mandatory for judgeship trainees and relevant for their examination. The evaluation shows constantly a high degree of respect within the target group. The seminars are based on a tandem-principle, which means that human rights experts from the three institutes train the participants together with senior judges. The curriculum has a strong focus on the rights and freedoms guaranteed by the “European Convention on Human Rights” and the “EU Charta of Fundamental Rights”, e.g. the right to liberty and security, the right to a fair trial, the right to respect for private and family life, freedom of expression and the prohibition of discrimination.

Country Austria

Persons Legal researchers, lecturers Astrid Steinkellner involved Stefanie Dörnhöfer Christof Tschohl

Project leader Hannes Tretter

Contact person Christof Tschohl, [email protected]

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

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

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

42

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

Summary

The European Master’s Degree in Human Rights and Democratisation (E.MA) is a one-year, inter- university and inter-disciplinary postgraduate programme. The programme aims at educating experts in the field of human rights and democratisation and to prepare them for their future work in international and human rights oriented organisations, such as the EU, UN, OSCE and NGOs. During the first semester, which is taught in Venice, the students receive a comprehensive introduction into the historical, philosophical, anthropological, political and legal fundamentals of international human rights. At the end of the first semester, the BIM organises a field trip to Kosovo. The students spend the summer semester in one of the 41 participating universities all over the EU, where they take part in seminars and write their master thesis. In 2011, two Master students (“Masterini”) from the Czech Republic and Ireland came to Vienna during their second semester. Their theses focused on the European Health Data Protection Safeguards and the Deconstruction of Psychological Torture. → www.emahumanrights.org → www.eiuc.org

Countries EU Member States

Persons E.MA National Director Manfred Nowak involved E.MA National Coordinator Vreni Hockenjos

Thesis supervisors Andreas Lehner Julia Kozma Johanna Lober

Organiser of the Kosovo field Marijana Grandits trip

Contact person Vreni Hockenjos, [email protected]

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

Starting/ Ongoing since September 1997 end date

Publications E.MA Awarded Theses Collection

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

43

Atlas of Torture: Monitoring and Preventing Torture Worldwide

Summary

After the end of Manfred Nowak’s tenure as UN Special Rapporteur on Torture (UNSRT) the BIM anti- torture expert team is implementing a follow-up project in five countries visited during Prof. Nowak's tenure. The project titled “Atlas of Torture” is funded by the EU and will focus on the empowerment of civil society organisations and other stakeholders to strengthen their capacity in the field of torture prevention. Over a period of three years the project foresees various activities, including trainings, workshops and the development of manuals etc. in the areas of fighting impunity (lodging effective complaints etc.), strengthening legal safeguards (access to lawyers, the role of medical personnel as well as judges) and developing independent monitoring of places of detention. In the course of 2011, the first implementation cycle was started in the project countries Paraguay, Georgia and Moldova. In all three countries project phase 2 included carrying out 2-week-long assessment visits. Based on these visits, reports were elaborated on the situation of torture and ill- treatment. In Paraguay and Moldova the project implementation was successfully started, including the conclusion of cooperation agreements with local civil society representatives/organisations, which support the ongoing project implementation in the country. Due to a lack of cooperation from the Georgian authorities, the project implementation in Georgia had to be terminated. Following the assessment visits, multi-stakeholder conferences were organised in Paraguay and Moldova to present and discuss the findings of the assessment reports and develop recommendations and future activities together with relevant stakeholders in thematic working groups. Based on the outcome of the conference, country specific workplans were elaborated jointly with the local partners (“focal points”) for each of the two project countries and two thematic workshops and expert seminars implemented in the course of 2011: In Paraguay, the team implemented an expert seminar on the Paraguayan National Preventive Mechanism and a round-table on strengthening legal aid in Paraguay. The team maintains the website www.atlas-of-torture.org monitoring the situation of torture worldwide. The website provides profiles for all States in the world with a regularly updated selection of the relevant official documents, NGO reports and related to the situation of torture and ill- treatment. Furthermore it provides weekly updated news on the situation of torture in the world and substantive information on issues related to torture. → www.atlas-of-torture.org

Countries Paraguay, Georgia, Moldova

Persons Project leader Manfred Nowak involved Project coordinator Julia Kozma

Project experts Moritz Birk Tiphanie Crittin Johanna Lober Roland Schmidt (until June)

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

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

Starting/ October 2010 to October 2013 end date

Publication -

Funded by European Commission (EIDHR)

44

The Awareness Raising and Training Measures for the Istanbul Protocol in Europe Project

Summary

The UN Istanbul Protocol of 2004 contains standards and procedures on how to recognize and document symptoms of torture and similar forms of violence so the documentation may serve as valid evidence in court. Unfortunately, the awareness of the existence of the Istanbul Protocol is still relatively limited, even among professionals. The Awareness Raising and Training Measures for the Istanbul Protocol in Europe Project (ART-IP project) therefor focuses on the elaboration of training and teaching materials, especially e-learning, based on the Istanbul Protocol, regarding the documentation and the detection of physical and psychological evidence of torture. The training material consists of a set of audio-visual and textual materials explaining the medical, psychological and legal components of the Istanbul Protocol. For the countries of the partnership, the project will produce country specific modules addressing domestic issues. The e-learning tools are displayed on the project’s website: www.istanbulprotocol.info. The Ludwig Boltzmann Institute is creating the legal content of the modules together with the University of Leuven. The target groups are professionals who are confronted with persons who have been subjected to torture or other forms of violence: doctors, psychologists, psychotherapists, legal professionals, and social workers. The overall objective of the ART-IP project is to enable medical, legal and social professionals to address one of the most fundamental concerns in protecting individuals from torture: effective documentation, that brings evidence of torture and ill-treatment to light so that perpetrators may be held accountable for their actions. → www.istanbulprotocol.info

Countries Austria and partner countries of the European Union

Persons Project lead Tiphanie Crittin involved Researchers BIM Human Dignity team

Contact Tiphanie Crittin, [email protected]

Lead  Medical University of Partner  Boltzmann Institute for organisations Vienna (project organisations Human Rights, Austria promoter)  University of Athens  Science Initiative Lower University of Leuven, Austria (project Belgium management)  University of Erlangen- Nürnberg, Germany  Justice Heals, Germany  KTP Association for Qualification at the Labour Market, Czech Republic  INTEGRA, Human Resources Developing Institute, Slovenia Start/ January 2011 to December 2013 ending date

Publication Project results will be published on the website www.istanbulprotocol.info

Funded by EU Leonardo Grant Scheme

45

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

Summary

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

Country Austria

Persons Legal researchers HRAB Caroline Paar, Dominik Hofmann involved Coordination, Stephanie Krisper Commissions Vienna 2 and 3 Barbara Kurz

Director, Manfred Nowak Commission Vienna 2

Director, Peter Reinberg Commission Vienna 3

Members, Susan Al-Jawahiri, Lisa Alluri, Sandra Gerö, Commission Vienna 2 Marijana Grandits, Walter Suntinger, Gregor Wollenek

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

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

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

Starting/ Ongoing since July 2000 end date

Funded by Austrian Federal Ministry of the Interior

46

Training in torture prevention for human rights defenders in Azerbaijan

Summary

At the invitation by the NGO Democratic Institutions and Human Rights Social Union (DIHRSU), two BIM experts carried out a training for human rights defenders in Azerbaijan on the prohibition and prevention of torture under international law. On the first day of the training, by means of presentations, working groups and case studies, the participants were familiarised with the legal concept of torture and the principal safeguards against torture as prescribed by international law. On the second day, the trainers presented and discussed different ways of lobbying and advocacy, lodging individual complaints and supporting monitoring by international and regional human rights mechanisms. As an outcome, the participants strengthened their knowledge on how to substantially and procedurally avail themselves of the support and advice of international human rights mechanisms such as the UN Committee against Torture, the UN Human Rights Committee, Special Procedures of the Human Rights Council such as the UN Special Rapporteur on Torture, the European Court of Human Rights, and the European Committee for the Prevention of Torture (CPT). The trainers identified problems and proposed practical solutions to strengthen the capacity of the participants.

Country Azerbaijan

Persons Trainers Julia Kozma involved Moritz Birk

Contact person Moritz Birk, [email protected]

Lead Ludwig Boltzmann Institute Partner Democratic Institutions and organisation of Human Rights organisation Human Rights Social Union (DIHRSU)

Starting/ 6-7 December 2011 end date

Publication -

Funded by Stiftung Hilfe zur Selbsthilfe, UP Microloans (www.up-micro-loans.de)

47

Social Inclusion and Human Rights in Macedonia

Summary

The project “Social Inclusion and Human Rights in Macedonia” aims at supporting the inclusion of the Human Rights-based Approach (HRBA) into the planning processes of the national and local authorities dealing with the issues of social inclusion, social protection and poverty reduction. The project is a follow-up to the pilot project “Human Rights and Poverty Reduction in Macedonia” (2006 – 2008) and builds on its results and on the recommendations of its external evaluation. The continuing support for the HRBA in Macedonia’s EU accession process shall produce socially inclusive policies as well as monitoring of social policy on the part of the civil society. On the national level, the project aim is to strengthen the accountability of the government with regard to human rights and social inclusion in policy making and monitoring. In 2011 the project further supported the Macedonian Anti-Poverty Platform (MAPP), which had been founded the year before. Core activities were the platform’s first report on poverty, as well as the first conference of persons experiencing poverty, the subsequent march against poverty and the handing over of the conference declaration to the minister of Labour and Social Policy. On local level the project strengthens the capacities of the duty-bearers – specifically municipalities and the Ministry of Labour and Social Policy’s (MLSP) decentralised Social Work Centres. In 2011 the partner municipalities’ strategies and action plans on social inclusion were developed and published. In order to initiate the implementation of the priorities defined in the strategies, every municipality receives funding for a micro project, which has been selected through a call for proposals.

Countries Macedonia

Persons Coordination Christine Sommer involved Project management Petranka Delova Miladinova

Local human rights experts Stojan Mishev Ninoslav Mladenovic

Administration Jagoda Iljov

Contact person Christine Sommer, [email protected]

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

Publication MAPP: Report on Poverty and Social Exclusion in the Republic of Macedonia 2010. Skopje, 2011

Funded by Austrian Development Agency

48

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

Summary

The collection and documentation of “Lessons Learnt and Good Practice Examples” is an integral part of the project “Inclusive Tanzania – Inclusive Education and Political Participation of People with Disabilities through Empowerment and Capacity-Building”. The project is carried out by Light for the world – Christoffel Development Cooperation, Austria, in cooperation with the Information Centre on Disability (ICD), Tanzania, and has a four year time frame with a prolongation till May 2011. BIM accompanies the implementation process for the purpose of the collection of good practice examples within this project to document and analyse the experiences of this pilot project in order to share them with other stakeholders in international development. After a field trip to the project area Dar Es Salaam/Tanzania in February 2011 Claudia Sprenger delivered the “Guidance Document – Good Practice Examples, Lessons Learnt, Recommendations”, which completed the project and cooperation between Light for the World and BIM.

Countries Austria, Tanzania

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

Contact person Claudia Sprenger, [email protected]

Lead Light for the World Partner  Ludwig Boltzmann organisation organisations Institute of Human Rights  Information Centre on Disability (ICD), Tanzania Starting/ November 2006 to June 2010 with prolongation till May 2011 end date

Publication Sprenger, Claudia: Guidance Document – Good Practice Examples, Lessons Learnt, Recommendations, 2011

Funded by Light for the World

49

Extrajudicial Complaint Mechanisms – Resolving Conflicts of Interests between Business and Human Rights

Summary

In recent years companies have faced ever-growing scrutiny of their human rights conduct. Some of them have been confronted with grave human rights allegations that led to years of litigation and public campaigns. Remedies for instances of corporate human rights violations, however, have remained Insufficient. International human rights law provides for complicated, cost- and time-consuming judicial ways of conflict resolution only. In practice this leads to a governance gap, the consequence being that many corporate human rights violations still go without adequate redress or remedy. The aim of the proposed research is therefore to address this gap and, by exploring the potential role of existing extrajudicial complaint mechanisms, to identify the crucial criteria for best possible human rights protection in the business context. The first step was to analyze the strengths and weaknesses of international complaint mechanisms, namely the National Contact Points of the OECD Guidelines for Multinational Enterprises and the World Bank Inspection Panel. A detailed evaluation of cases on human rights issues that were brought before these institutions has been conducted. It revealed the pros and cons these procedures entail for both the victims of human rights violations and the companies concerned. At the same time research on corporate complaint mechanisms has been started in order to figure out examples of good practice for resolving business and human rights disputes on the company level. These will feed in the findings on international mechanisms at hand. The next step will consist in empirical research, complementing the desk research that has been carried out so far. For this purpose we will conduct interviews with respective experts on mediation and alternative dispute resolution as well as with practitioners having worked with the selected complaint mechanisms. The aim is to make out best practices which allow for the elaboration of so called “criteria of excellence” in terms of extrajudicial complaint mechanisms.

Country Austria

Persons Project implementation Barbara Linder involved Karin Lukas Astrid Steinkellner

Project leader Manfred Nowak

Contact person Astrid Steinkellner, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights organisation

Starting/ February 2011 to July 2012 end date

Funded by Jubilee Fund of the Austrian National Bank (OeNB)

50

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

Summary

The Austrian Export Credit Agency (OeKB) asked BIM for support in the elaboration and implementation of a human rights based approach in its export service. This process has been continued in close cooperation with the OeKB internal departments that are involved in the export service process. Based on an analysis of the already existing processes and practical procedures within the framework of the environmental assessment procedures, BIM elaborated a proposal for a human rights due diligence procedure. Over the last year, this has been road-tested and further developed. The overall aim of the consultancy is to implement a human rights due diligence process in the Austrian export service. Due to confidentiality agreements with the project partner, results will only be published with the consent of OeKB.

Country Austria

Persons Project implementation Manfred Nowak involved Karin Lukas Barbara Linder Astrid Steinkellner

Project management Karin Lukas

Contact person Karin Lukas, [email protected]

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

Starting/ September 2010 to December 2011 end date

Funded by Oesterreichische Kontrollbank AG

51

OMV Gap Analysis. Advice to OMV in the area of human rights

Summary

This project supports the Austrian corporation OMV in the implementation of its human rights strategy in the area of Corporate Social Responsibility. In the follow-up phase of this project on the implementation of relevant human rights standards in OMV regions of operation, a second on-site visit was conducted in Tunisia. The visit focused on the impact of the recent democratization movement on OMV operations and on the activities of companies where OMV holds a substantive share, as well as the working conditions of relevant local contractors.

Country Austria

Persons Project leader Manfred Nowak involved Researcher Karin Lukas

Contact person Karin Lukas, [email protected]

Lead Human Rights Consulting Partner Ludwig Boltzmann Institute of organisation Vienna organisation Human Rights – Research Association Starting/ April 2006 to December 2012 end date

Funded by OMV

52

EU-Twinning – Implementation Capacity of Turkish Police to Prevent Disproportionate Use of Force

Summary

The overall objective of this Twinning project is to develop and implement use of force practices for Turkish National Police (TNP) in accordance with the European Convention on Human Rights. Joint actions, such as comparative analysis and trainings will be conducted to reach this goal. The project is expected to produce the following results:  Factors causing disproportionate use of force should be determined and guiding procedures on implementation should be established.  The efficiency of the practices in compliance with EU best practices in training should be improved. BIM is leading institution together with the Austrian Security Academy (SIAK) and the German Foundation for International Legal Cooperation is junior partner together with the Federal Criminal Police Office Germany. The implementation of the project started in August 2011.

Country Turkey

Persons Project leader (SIAK) Karl-Heinz Grundböck involved Resident Twinning Adviser Markus Brentschun-Kosielski (BIM)

BIM key experts Moritz Birk Dominik Hofmann Johanna Lober Stephanie Krisper Hannes Tretter Katrin Wladasch

Project management (BIM) Heidrun Aigner

Contact person Heidrun Aigner, [email protected]

Lead  Austrian Security Partner  German Foundation for organisations Academy (SIAK) organisations International Legal  Ludwig Boltzmann Cooperation (IRZ) together Institute of Human Rights with Federal Criminal Police Office Germany

Beneficiary Institution (TR):  Turkish National Police

Starting/ August 2011 to July 2013 end date

Publication -

Funded by European Commission, Directorate-General for Enlargement

53

EU-Twinning – Support to the enhancement of the capacity of the Ombudsman administration

Summary

The overall objective of this Twinning light project was to contribute to the strengthening of the capacity of institutions responsible for promoting and protecting human rights in Azerbaijan, in particular the Office of the Ombudsman, and approximation of the respective legislation to EU standards. Inter alia, the project aimed at assisting the Ombudsman’s staff in drafting legal amendments with regard to the institution’s function as National Preventive Mechanism (NPM) for preventing torture and other cruel, inhuman or degrading treatment or punishment in all places of detention. Further components of the project dealt with training of experts of the Ombudsman’s Office, university and high school students on promoting and protecting human rights of vulnerable groups. The BIM contributed to the project by providing extensive short term expertise on the establishment of NPMs, combating torture and the protection of human rights of persons in detention. Based on consultations with the Ombudsman’s staff, but also with Azeri NGOs active in the field of torture prevention, the BIM experts elaborated draft rules of procedure for the NPM. In their recommendations they particularly emphasised the inclusion of civil society representatives into the NPM. In addition, the BIM experts observed monitoring visits carried out by the Ombudsman’s staff to places of detention and provided training on general principles of preventive visits to places of detention.

Country Azerbaijan

Persons BIM key experts Moritz Birk involved Tiphanie Crittin Julia Kozma Johanna Lober

Contact person Julia Kozma, [email protected]

Lead German Institute for Human Partner  German Agency for organisation Rights organisations International Cooperation,  German Federal Foreign Office  Ludwig Boltzmann Institute of Human Rights (Short term experts)

Beneficiary institution (AZ):  Ombudsman of the Republic of Azerbaijan Starting/ February to July 2011 end date

Publication -

Funded by European Commission, EuropeAid

54

EU-Twinning – Promoting Gender Equality in Working Life

Summary

The overall objective of this Twinning project is to ensure gender equality in working life based on a legal framework that provides for equal treatment of women and men. The project purpose is to align Turkish legislation with the EU gender equality acquis, to improve the capacity of institutions responsi- ble for the implementation of the acquis and raise awareness of a broader public. Under the first component experts analysed Turkish legal texts in comparison to the EU gender equality acquis (Directives) and relevant case-law of the European Court of Justice. On the basis of the gap analysis a report has been elaborated in 2011 providing recommendations on how to close the identified gaps. This report, covering the areas labour law, social security law, trade union law and civil servants law, will be published in 2012. The focus of the second component lies on strengthening human resources capacity. The national administration, judges and social partners need to be made familiar with the EU acquis in order to guarantee proper enforcement of national legislation. A training plan has been elaborated at the beginning of 2011 and numerous trainings have been held as well as training materials provided during the year. Some more trainings, e.g. for staff of the Turkish State Personnel Presidency, are scheduled for 2012. The third component deals with awareness raising on gender equality through the development of appropriate materials (brochure, booklets etc.) and public presentations and discussion of project results. One major activity in this component was the organisation of a University Conference on 18 October 2011, bringing together experts from academia and state administration to exchange on how to promote gender equality in working life. BIM participates as junior partner to the German Federal Ministry of Labour and Social Affairs (BMAS) and mainly contributes to the alignment of Turkish legislation with the provision of a gap analysis and recommendations as well as training expertise on several fields of gender equality and the organisation of a study visit to Austria on gender equality legislation and its implementation.

Country Turkey

Persons Project leader (BIM) Karin Lukas involved BIM key expert Julia Planitzer

Project management (BIM) Marion Kirsch Susanne Fraczek

Contact person Susanne Fraczek, [email protected]

Lead German Federal Ministry of Partner  Ludwig Boltzmann Institute organisation Labour and Social Affairs organisations of Human Rights, AT (Implementing Institution: German Association for Beneficiary institution (TR): Social Security Policy and  Ministry for Labour and Research – GVG) Social Security

Starting/ September 2010 to March 2012 end date

Publication -

Funded by European Commission, Directorate General for Enlargement

55

EU-Twinning – Implementation of Personal Data Protection Strategy

Summary

The project aims at strengthening the capacity of Montenegro for protection of personal data and implementation of the data protection legislation. One component of the project deals with the harmonization of the legislation with the EU acquis. Another component aims to support the recently established independent Data Protection Supervisory Authority with specific training for the set-up of the authority. Training sessions for persons responsible for data protection in the ministries, other relevant institutions and in the private sector are also part of the project. In 2011 Study Visits to the Data Protection Authorities in Vienna, Ljubljana, Berlin, Dresden and Kiel were performed. BIM implements this project as leading institution together with the Montenegrin partners in cooperation with the Austrian Data Protection Commission (DSK) and in a consortium with the Information Commissioner of the Republic of Slovenia.

Country Montenegro

Persons Project leader Waltraut Kotschy involved RTA Lukas Gundermann

BIM key experts Hannes Tretter Christoph Tschohl Christian Schmaus

Project management Claudia Hüttner

Contact person Claudia Hüttner, [email protected]

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

Publication -

Funded by European Commission, Directorate General for Enlargement

56

EU-Twinning – Establishing a comprehensive system for anti-discrimination protection

Summary

The overall objective of this Twinning project is to establish an efficient and effective system for combating discrimination, thus raising the level of protection against discrimination in the Republic of Croatia. The project shall strengthen the capacity of the beneficiary institutions – the Office of the Ombudsman as the central body responsible for combating discrimination and the Office for Human Rights as the state body most directly involved in combating discrimination. An efficient system for monitoring reported and prosecuted cases of discrimination and for collecting and monitoring equality data will be developed. Finally, a comprehensive system for supporting victims of discrimination in gaining access to justice will be elaborated. The Twinning project consists of three components:  Within the first component experts will prepare and conduct trainings tailored to the needs of different key actors in the institutional set up responsible for the implementation of anti- discrimination legislation. The trainings targeting judges, state attorneys and other relevant stakeholders in the field of anti-discrimination will focus on Croatian anti-discrimination legislation in force and the EU legal framework for protection against discrimination. The staff of the Office of the Ombudsman and the specialized ombuds responsible for gender equality, children’s rights and persons with disabilities will further develop their mediation and discrimination complaints handling skills. Furthermore, NGOs and social partner organizations will together with the Office of the Ombudsman and the specialized ombuds improve their capacities as regards their roles as interveners and potential joint legal action.  In the frame of the second component EU Member State experts together with employees of the Office of the Ombudsman and the Office for Human Rights will draft recommendations for the development of software/databases for collecting data and monitoring complaints on discrimination, court cases on discrimination and equality data. The experts will prepare guidelines and conduct trainings on the usage of the software/databases. Furthermore, the institutional capacity of the Office of the Ombudsman and the specialized ombuds related to reporting and collecting data for statistical monitoring of discrimination will be enhanced.  Finally, the third component aims to establish a telephone assistance service within the Office of the Ombudsman providing potential victims of discrimination with initial information and support, improve the system for handling individual discrimination complaints and enhance the cooperation between the Office of the Ombudsman and NGOs. This outreach work targeting NGOs strengthens the resources of the Office of the Ombudsman and heightens its visibility also at the regional level. The BIM as leading Member State partner will be supported by the Austrian Ombud for Equal Treatment, the Austrian Ombudsman Board, Labour and Social Court – Federal Ministry of Justice, Federal Social Welfare Office, City of Vienna – Department for Integration and Diversity, Federal Province of Salzburg – Department for Women and Equal Treatment.

Country Croatia

Persons Project leader Hannes Tretter involved Resident Twinning Adviser Barbara Liegl (RTA)

BIM key experts Katrin Wladasch Monika Mayrhofer Christof Tschohl

Project management Marion Kirsch

Contact Barbara Liegl, [email protected] person

57

Lead Ludwig Boltzmann Institute Partner Cooperation partners (AT): organisation of Human Rights organisations  Austrian Ombud for Equal Treatment  Austrian Ombudsman Board  Beneficiary institutions (HR):  Office of the Ombudsman  Office for Human Rights of the Government of the Republic of Croatia Starting/ November 2011 to May 2013 end date

Publication -

Funded by European Commission, Directorate General for Enlargement

58

DANIDA – Turkey Political Criteria Programme (TPCP II)

Summary

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

Country Turkey

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

Contact person Heidrun Aigner, [email protected]

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

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

Publication -

Funded by Ministry of Foreign Affairs of Denmark, DANIDA

59

Access to Justice in Discrimination Cases

Summary

On behalf of the European Union Agency for Fundamental Rights the Ludwig Boltzmann Institute of Human Rights in cooperation with Human European Consultancy conducted a research on the issue of “Access to Justice in Discrimination Cases”. Aim of the research was to find out, how awareness about discrimination as well as for possibilities to combat discrimination can be raised. This awareness necessarily includes knowledge about the legal framework on the one and about institutions competent for assisting people affected by discrimination on the other hand. Main element of the study therefore was an assessment of the role of equality bodies and civil society organisations in assisting people concerned by discrimination. In the framework of this research reports about the situation in selected countries (Austria, Belgium, Bulgaria, the Czech Republic, Finland, France, Italy and the United Kingdom) were drafted, which then fed into a comparative study. The BIM was responsible for drafting the final comparative report and for writing the report on Austria. Therefore a comprehensive literature review was accompanied by 46 interviews with representatives of equality bodies and of NGOs, solicitors and complainants in discrimination cases. The following issues were at the focus of research:  Barriers in access to justice in discrimination cases  Needs of potential complainants in discrimination cases  Different qualities of different procedures  Effectiveness and efficiency of different procedures  Instruments that would enhance access to justice for potential complainants (like communication strategies, legal advice or strategies aiming at strengthening a culture of rights for discrimination cases) Countries Austria, Belgium, Bulgaria, the Czech Republic, Finland, France, Italy and the United Kingdom

Persons Project leaders Marcel Zwamborn (HEC) involved Barbara Liegl, Katrin Wladasch (BIM)

Researchers Barbara Liegl Monika Mayrhofer Katrin Wladasch

Contact person Katrin Wladasch, [email protected]

Lead  Human European Partner - organisations Consultancy organisation  Ludwig Boltzmann Institute of Human Rights Starting/ December 2010 to November 2011 end date

Funded by European Union Agency for Fundamental Rights

60

RED-Network – Combating Racism, Xenophobia and Intolerance

Summary

The RED (Rights Equality and Diversity) Network aims at combating racism, xenophobia and intolerance by creating an early-warning system on racism and discrimination in the EU member states, as well as on law and policies against discrimination, racist violence, hate speech and stereotypes. The RED Network is an independent research network composed of 18 research and civil society organisations in 17 member states. Its objective is to critically record and fight stereotypes, which are the causes of racist and discriminatory attitudes, actions and violent incidents. The key steps in order to achieve these aims are to collect information and data on phenomena like racism, anti-semitism, islamophobia and related intolerance in a reliable timely, dynamic and comparative way and to provide fast, real-time, straight-forward information on the situation and developments regarding discrimination on the grounds of race, ethnic origin and religion as well as multiple discrimination and on related policies and legislation in EU Member States through an early- warning system, built as an online EU comparative tool accessible to both experts and the general public. In 2011, after a kick off event in Brussels the elaboration of a RED early-warning system design and guidelines regarding data collection was tackled. At the same time the RED early warning system web portal was designed and developed and subsequently the RED system input of data by the RED Network partners was started. The partners uploaded data on racist and xenophobe incidents, discriminatory assaults and policy responses concerning anti-racist strategies and developments. A further key area of activity was the launching of the RED Atlas and RED Library. The RED Atlas contains information on anti-discrimination legislation and implementation, anti-racist crime legislation and implementation, political parties, organisations and their role concerning racist and xenophobic discourse, anti-racist policies and organisations and (anti-)racism in the area of policing, law enforcement and justice. Furthermore the Atlas provides data on employment, housing, education, health and social protection, political participation and public life, culture, sport and media in reference to migrants and minorities. The RED Library makes available important documents for racism, discrimination and equality in the member states. → http://www.red-network.eu/

Countries Austria, Bulgaria, Denmark, Germany, Finland, France, Greece, Ireland, Italy, Poland, Portugal, Rumania, Sweden, Slowenia, Spain, Hungary, Cyprus

Persons Coordination Monika Mayrhofer involved Researcher Margit Ammer Barbara Liegl Katrin Wladasch

Contact person Monika Mayrhofer, [email protected]

Lead i-RED, Institute for Rights Partner 18 scientific and civil society organisation Equality & Diversity organisations organisations in 17 EU (Greece) countries

Starting/ February 2011 to January 2013 end date

Publication -

Funded by  European Commission  City of Vienna (MA 17)

61

Analysis of the Ombudsman Offices of the APOR region of the I.O.I.

Summary

On behalf of the Austrian Ombudsman Board, the Ludwig Boltzmann Institute of Human Rights is conducting a comparative analytical study on Ombudsman institutions in the Australasia and Pacific region. The primary aim of the study is to analyse the legal basis, the legal status as well as the position of (public sector) Ombudsman institutions in the APO-region within the political systems of the respective countries. A comparison of the institutions and an investigation of their compliance with international human rights standards and the concept of good governance are being conducted. The study comprises 16 selected offices in nine countries (Australia, Hong Kong, Taiwan, Cook Islands, New Zealand, Papua New Guinea, Samoa, Tonga, Vanuatu). It is based on literature review, legal research and a comprehensive questionnaire answered by the offices in question. The study focuses on the following areas:  mandate, powers and functions; legal guarantees of independence and pluralism  the question whether an ombudsman has been commissioned with the function of a “National Preventive Mechanism” according to OPCAT  accessibility for individuals and different, in particular vulnerable and disadvantaged societal groups  monitoring and data collection mechanisms  the legal quality and impact of the outcomes of investigation proceedings  international standards for Ombudsman institutions and National Human Rights Institutions  comparison of the institutions’ constitutional anchorage and good governance principles Countries Australia, China/Hong Kong, Taiwan, Cook Islands, New Zealand, Papua New Guinea, Samoa, Tonga, Vanuatu

Persons Project leader Michael Frahm (BIM) involved Researchers Barbara Liegl Margit Ammer Hannes Tretter Konrad Lachmayer (University of Vienna)

Contact person Michael Frahm, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights organisation

Starting/ December 2010 to April 2012 end date

Publication -

Funded by Austrian Ombudsman Board

62

Elective Course of Lectures on “Protection against Discrimination”

Summary

Following an initiative of the Chamber of Labour and in cooperation with the Ombud for Equal Treatment and the Law Faculty of the University of Vienna, the BIM experts designed a concept for an elective course of lectures on “Protection against Discrimination”. The elective course was offered at the Law Faculty of the University of Vienna in the years 2009 to 2011. The aim of the course is to provide students with comprehensive knowledge of anti-discrimination and equal treatment legislation. Furthermore, the course should enable graduates to work with the current anti-discrimination legislation in their future jobs and to take part in debates on the further development of anti- discrimination policy. The course encompassed a series of different lectures/seminars. One of the first lectures elaborated on questions concerning equality, equal treatment and non-discrimination from the point of view of the international and European human rights system. Other lectures dealt with relevant EU law and the legal situation in Austria. Practical relevance of the course was guaranteed through the involvement of practitioners and experts as well as through the implementation of sensitivity exercises and a moot court. A new edition of the elective course is currently developed in cooperation with the Chamber of Labour and the Institute for Labour and Social Affairs of the University of Vienna.

Country Austria

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

Researchers Marta Hodasz Barbara Liegl Katrin Wladasch

Contact person Katrin Wladasch, [email protected]

Lead  Chamber of Labour Partner University of Vienna, Law organisations Vienna organisation Faculty  Ludwig Boltzmann Institute of Human Rights Starting/ May 2007 to June 2011 end date

Funded by  Chamber of Labour  University of Vienna

63

Analysis of the Judicial Protection in the Austrian Asylum Proceedings

Summary

Aim of the project is to analyse the judicial review system in the Austrian asylum procedure: Both functioning as well as jurisprudence of the Asylum Court and the Constitutional Court are to be assessed as to their conformity with fundamental and human rights standards. More than three years after entry into force of amendments relating to the legal protection of asylum seekers it is to be examined whether the improvements or fears held out in prospect occurred in practice. The project results (and possible recommendations based thereon) should contribute to the quality assurance in the procedures of the Asylum Court and the Constitutional Court. Thereby the situation of asylum seekers in Austria is to be enhanced. The eight months project is divided into three phases:  Identification of issues subsequently to be examined in more depth, through interviews with different stakeholders active in the field of asylum and through legal analysis of Constitutional Court rulings which quashed Asylum Court decisions.  Detailed analysis of the Asylum Court’s work (e.g. decisions on whether or not to conduct oral hearings; handling of oral hearings; approach vis-à-vis asylum-seekers and their representatives, duration of procedures, etc.) and of the jurisprudence of the Asylum Court and the Constitutional Court (against international standards).  Interviews with the Presidents of the two Courts or their representatives and, if possible, with various staff members (both judges and legal support staff) in order to find out the self-image of the Asylum Court and the Constitutional Court as well as to allow them to react on findings made in interviews with other stakeholders.

Country Austria

Persons Project lead Margit Ammer involved Researchers Michael Frahm Andrea Sölkner

Contact Margit Ammer, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights organisation

Starting/ October 2011 to May 2012 end date

Publication Publication of results together with UNHCR

Funded by UNHCR

64

The Protection of Survivors of Torture Seeking Asylum in Austria

Summary

Together with Hemayat – an NGO providing interpreter-mediated psychotherapy, psychological consultations and medical support for survivors of war and torture in Austria – the Ludwig Boltzmann Institute of Human Rights is implementing an interdisciplinary research project that aims at analysing the protection of torture survivors applying for asylum in Austria. In the course of this project 15 cases will be presented and analysed relating to psychological and health care as well as the legal level. The results shall be used to identify possibilities for improvement in the treatment of torture survivors in Austria. This project constitutes an innovation, as lawyers and psychotherapists/psychologists bring together their data and methodologies in order to arrive at a new perspective and analysis of empirical and theoretical material. This interdisciplinary approach allows for an illustration of how torture survivors experience the application of Austrian asylum laws and which effects the asylum procedures can have on the concerned individuals.

Country Austria

Persons Project lead Margit Ammer involved Researchers Barbara Kurz

Contact person Margit Ammer, [email protected]

Lead  Ludwig Boltzmann Partner - organisations Institute of Human Rights organisation  Hemayat – Betreuungszentrum für Folter- und Kriegsüberlebende Starting/ March 2011 to December 2012 end date

Publication Project results will be published in a book

Funded by  Austrian Zukunftsfonds  MA 7 Wien

65

ClimMig: Climate-induced migration and displacement and the need for new legal, policy and institutional frameworks

Summary

While climate-related migration/displacement has for a long time been regarded solely as the result of “failed adaptation” (i.e. mostly forced migration), it is increasingly recognised that migration can also form part of an adaptation strategy. However, with regard to both aspects (i.e. migration to survive and migration for adaptation), existing international legal, normative and institutional frameworks are not deemed to be adequate (no adequate protection for persons forced to leave their homes and no offer of adequate frameworks necessary to make migration work as an adaptation strategy). Relating to both aspects, ClimMig seeks to identify current gaps in international legal, normative and institutional frameworks, to give an overview of current implementation at Austrian/EU level and establish recommendations addressed in particular to Austrian (and also EU) policy makers as how to overcome legal, normative and institutional gaps. In order to make the implications of the lack of adequate frameworks for climate-induced migration visible, a maximum of five case studies will be conducted.

Country Austria

Persons Project leader Margit Ammer involved Researchers Michael Frahm Monika Mayrhofer Barbara Liegl

Contact person Margit Ammer, [email protected]

Lead Ludwig Boltzmann Institute Partner Institute for Sustainable organisation of Human Rights organisation Development and International Relations (IDDRI), Paris

Starting/ May 2011 to December 2012 end date

Publication Publication of project results (project website, book, article) at the end of the project

Funded by Austrian Climate and Energy Fund

66

PluS – Plurilingual speakers in unilingual contexts. Migrants from African countries in Vienna: Language practices and institutional Communication

Summary

This transdisciplinary project through a cooperation of human rights research, applied linguistics, and African studies pursues the following objectives:  Raising awareness of authorities and courts for multilingualism, migration and the human rights of migrants and asylum seekers in proceedings before Austrian authorities  Analysis of Austrian legal norms, their interpretation and associated institutional structures of relevance for communication with authorities including courts regarding their conformity with human rights requirements.  Visualising both the importance of plurilingual repertoire for administrative or judicial procedures and associated language ideologies.  Forming networks among different stakeholders in order to improve communication conditions.  Investigation of the relevance of plurilingual repertoires for functional communication with migrants/asylum seekers from African countries of origin in proceedings before public administration and judiciary; investigation of interpretation of linguistic rights of migrants in the Austrian context and the basis for this interpretation.

Country Austria

Persons Project leader Margit Ammer involved Researcher Katrin Wladasch

Contact person Margit Ammer, [email protected]

Lead  University of Vienna, Partner  Ludwig Boltzmann Institute organisations Institute of Linguistics organisations of Human Rights  University of Vienna,  treffpunkt sprachen – Institute of African Center for Language, Studies Plurilingualism and Subject Didactics (University of Graz) Starting/ March 2011 to February 2013 end date

Publication Publications in peer-reviewed journals intended towards the end of the project

Funded by Vienna Science and Technology Fund (WWTF)

67

Strengthening Women’s Capacities in peace building in the Region of South Caucasus

Summary

The overall objective of the project is the empowerment of women in conflict affected areas in the region of South Caucasus for engagement in peace processes. Due to the UN-Security Council Resolution 1325 and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) all member states are obliged to address adequately the needs and concerns of women before, during and after armed conflicts and to guarantee their meaningful participation in all decision- making positions on all levels within the society. The following measures are foreseen:  base-line study for an assessment of the situation and needs of women  comprehensive studies on the macro- and micro-level by participatory research in order to identify areas of concern and develop strategies for solutions as well as recommendations for regional, national and international policy-makers  trainings and workshops for partner organisations in Georgia, Armenia, Azerbaijan, South- Ossetia, Abkhazia und Nagorno Karabakh in order to strengthen their capacities for the support of women in peace building activities  trainings for up to 100 women from conflict affected areas on the subjects of women’s rights, peace building, security, etc. in order to empower them to act as “women’s leaders” in their regions  networking – regional exchange of lessons learned  advocacy for the realization of the UN-Security Council Resolution 1325 and following resolutions The Ludwig Boltzmann Institute of Human Rights carried out desk-research based on UN-Security Council Resolution 1325 and CEDAW about the role and situation of women, in Georgia, Armenia and Azerbaijan. BIM will be involved in the preparation of the conference presenting the final report in 2012.

Countries Georgia, Armenia, Azerbaijan, South-Ossetia, Abkhazia, Nagorno Karabakh

Person Researcher Sabine Mandl involved

Contact person Sabine Mandl, [email protected]

Lead CARE Austria Partner  Ludwig Boltzmann organisation organisations Institute of Human Rights  Helsinki Citizen’s Assembly Armenia  Association of Women of Abkhazia  Centre for Civilian Initiatives  IDP Women Association “Consent”  Women’s Problems Research Union  Association of Ossetian Women for Democracy and Human Rights Starting/ January 2010 to December 2012 end date

Publication Final report will be published in 2012

Funded by European Commission (EIDHR), Austrian Development Agency

68

COMP.ACT – European Action for Compensation for Trafficked Persons

Summary

In order to improve compensation of trafficked persons a network called COMP.ACT EUROPE – European Action for Compensation for Trafficked Persons was established in 2009. COMP.ACT EUROPE is on the one hand a network and on the other hand a three year European wide project coordinated by La Strada International and Anti-Slavery International concerning compensation of trafficked persons. The network COMP.ACT EUROPE consists of 14 European countries. All countries established national working groups in order to implement specific measures. The activities of the network encompass:  design methodology for comparable research analysis  development of European guidance for professionals on seeking compensation for trafficked persons  meetings with decision makers on European level in order to increase the awareness of this topic  European wide campaign regarding the right to compensation  organisation of a conference on compensation The BIM is part of the Austrian working group. Within this working group the BIM was involved in elaborating a baseline study concerning compensation for trafficked persons in Austria, which was published in 2011.

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

Person Researcher Julia Planitzer involved

Contact Julia Planitzer, [email protected]

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

Starting/ November 2009 to October 2012 end date

Publication Planitzer, Julia/Probst, Evelyn/Steiner, Barbara/Unterlerchner, Barbara: Compensation for Victims of Trafficking in Human Beings in Austria [in German]. Vienna: OEGB Publishing House, 2011

Funded by  European Commission  Austrian Federal Ministry of Justice  Austrian Federal Ministry of European and International Affairs (funding through UNODC/UN.GIFT)  OSCE Office for Democratic Institutions and Human Rights

69

Combating Trafficking in Human Beings for Labour Exploitation

Summary

Trafficking in Human Beings (THB) for labour exploitation has been criminalised in many countries, but its practice is still largely trivialised. States give their own interpretation of labour exploitation and case law differs considerably between States. The project assessed how legislation on THB for labour exploitation is applied by the law enforcement agencies and further stakeholders. Within the study, it was clarified which public institutions, law enforcement agencies and further stakeholders are involved in identification of trafficked persons and law enforcement. At the same time, the assistance to victims of trafficking for the purpose of labour exploitation was analysed. The study in five countries gives an overview of the relevant stakeholders in actions against trafficking for the purpose of labour exploitation and shows “best practices” and challenges regarding an effective investigation and prosecution of THB for labour exploitation. Within the study interviews were conducted and legislation was analysed. Conclusions and recommendations stemming from the reports were discussed in an expert seminar in Vienna in February 2011, which was attended by external experts, such as members of the EU Group of Experts on trafficking in human beings. The project combines a criminal law and human rights based approach to THB, which is supported by the fact, that all project partners are research institutions. At the final stage of the project the study was published and subsequently presented in a final conference in April 2011. The country reports have been presented in workshops during the conference.

Countries Austria, Netherlands, Spain, Romania, Serbia

Persons Researchers Julia Planitzer involved Helmut Sax

Contact person Julia Planitzer, [email protected]

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

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

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

70

Trafficking in Human Beings as a form of Torture

Summary

The Special Representative and Coordinator for Combating Trafficking in Human Beings of the OSCE, Maria Grazia Giammarinaro, intends to analyse the links between trafficking in human beings and torture. For this reason an analysis has been commissioned. The legal analysis of existing links between trafficking in human beings and torture was conducted by the Ludwig Boltzmann Institute of Human Rights, whereas the psychological analysis was elaborated by the Helen Bamber Foundation.

Country -

Persons Researchers (BIM) Manfred Nowak involved Julia Planitzer

Contact person Julia Planitzer, [email protected]

Lead OSCE Partner  Ludwig Boltzmann organisation organisations Institute of Human Rights  Helen Bamber Foundation, UK Starting/ October 2011 to December 2011 end date

Publication The study will be published in spring 2012 in the “Occasional Papers”-series of the Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings.

Funded by OSCE – Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings

71

Assistance and reintegration of child victims of trafficking – ARECHIVIC

Summary

The project Assisting and reintegrating children victims of trafficking: promotion and evaluation of best practices in source and destination countries (ARECHIVIC) undertakes to promote the development of effective child trafficking responses in the EU based on good practices assessment of victim assistance and integration policies and programmes in source and destination countries. Its main activities include:  assess the policy, legal and institutional framework for assistance and reintegration in society of child victims of trafficking in source and destination countries,  establish a methodology and evaluate programmes for assistance and reintegration,  identify best practices for support and protection of children victims of trafficking in selected EU countries in line with the principles of fundamental children's rights and of promoting the best interests of the victims, and promote their replication in other EU countries,  develop an innovative web-based interactive tool assisting the stakeholders efforts for reintegration of children victims of trafficking; provide children victims of trafficking and their parents with information on relevant programmes; and establish a network of relevant public and private institutions.

Countries Bulgaria, , Italy, Sweden, Hungary, Austria

Persons Project leader (BIM) Helmut Sax involved Project experts Julia Planitzer Astrid Winkler (ECPAT Austria)

Contact person Helmut Sax, [email protected]

Lead Center for the Study of Partner  Censis Foundation, Italy organisation Democracy (CSD), Bulgaria organisations  The Crime Victim Compensation and Support Authority, Sweden  People In Need, Slovakia,  University of Pécs, Hungary Starting/ April 2011 to April 2013 end date

Publication Final Report in 2013

Funded by European Commission, EU Fundamental Rights and Citizenship Call for Action Grants 2009/10

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End violence against children and juveniles in custody

Summary

The principal aim of this project is a child/youth participatory assessment of situations of violence while in custody as well as developing measures to counter violence against young people in custody. This methodologically challenging project is implemented in two main stages: Year one – investigating children’s and young people’s views and experiences and raising awareness:  desk-based study of law, policy, practice and mechanisms for access to justice  conduct parallel investigations to find out children and young people’s experience of violence in custody and their views on what needs to change at domestic level  based on the investigations’ findings, work with children and young people to identify useful comparisons and opportunities for learning to be shared between countries, and develop recommendations for change at European level  raise awareness of children’s views, experiences and recommendations for change  compile findings into a single investigation report, with virtual launch Year two – supporting children and young people to create change:  support children and young people to conduct targeted campaigns based on the year one investigation findings  campaigns to clearly identify the changes needed and set SMART targets; focus on influencing those with the power to make the change happen; campaigns’ progress to be tracked online; final results to be published and disseminated through virtual launch

Countries England, Belgium, The Netherlands, Cyprus, Romania, Austria

Persons Project leader (BIM) Helmut Sax involved Project expert Julia Kozma

Contact person Helmut Sax, [email protected]

Lead Children’s Rights Alliance Partner Austrian partners: organisation for England (CRAE) organisations  Ludwig Boltzmann Institute of Human Rights, Weißer Ring etc.

 International Juvenile Justice Observatory, Belgium  Defence for Children International, The Netherlands  Commissioner for Children’s Rights, Cyprus  Save the Children Romania Starting/ February 2011 to February 2013 end date

Publication Final Report in 2013

Funded by European Commission/DAPHNE III-Programme

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DAPHNE Diffusion – Information tools for a DAPHNE programme community

Summary

The EU DAPHNE Programme on the protection from violence against children and women has already supported several hundreds of projects across Europe. The DAPHNE Diffusion project now aims to support exchange information about these projects and its implementing partners and thus contribute to the creation of a DAPHNE programme community of researchers and practitioners. The main activities include an assessment of information needs and the development of practical tools, in particular a shared dissemination tool: “Directory of the DAPHNE community”. The BIM takes part in the assessment and provides country-specific information about possible relevant partners for the directory.

Countries DAPHNE programme countries

Person Project leader (BIM) Helmut Sax involved

Contact person Helmut Sax, [email protected]

Lead Association Naturalia et Partner  Ludwig Boltzmann organisation Biologia (NEB), France organisations Institute of Human Rights, Austria  Psytel (NGO working on prevention of violence and injury), France  Associaçào para o Planeamentoda Familia - (APF), Portugal  Social Services Agency, Latvia Starting/ January 2011 to January 2013 end date

Publication Directory and Final Report in 2013

Funded by European Commission/DAPHNE Programme

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

Summary

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

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

Persons Project leader (BIM) Helmut Sax involved Research and national Ingrid Ausserer consultation event Sabine Mandl Dorothea Steurer

Contact person Helmut Sax, [email protected]

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

Publication Final report, to be expected in early 2012

Funded by European Commission, Fundamental Rights and Citizenship Programme

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

Summary

This project aims at contributing to a better understanding on the current status and possibilities for improvement of the integration in education of refugee and asylum-seeking children in all EU Member States (and some neighbouring countries). For this purpose, the project:  collects information for the identification of successful educational programmes and projects (“best- practice-examples”),  undertakes evaluations of selected “best-practice-examples” in western European countries and assesses in particular transferability of such measures to other contexts/countries,  undertakes situation analysis in selected eastern European countries to assess possibilities for adaptation of best practices,  compiles a handbook with results from all country reports, evaluations and situation analysis, comparative study and recommendations. The main target group of beneficiaries of this project are refugee and asylum-seeking children, but also children with subsidiary/temporary protection status/humanitarian residence permits, unaccompanied and separated children and child victims of crime (e.g in the context of child trafficking). The BIM has taken responsibility for identifying “best-practice-examples” and analysis of the legal and policy framework in Austria and in Germany, as well as conducting an evaluation of one example in Austria. In addition the Austrian country report will be published in German and send to all relevant stakeholders working in that field. All project results will also be made available on the BIM-Website.

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

Persons Project leader (BIM) Helmut Sax involved Researchers Sabine Mandl Margit Ammer Barbara Liegl Monika Mayerhofer

Contact person Helmut Sax, [email protected]

Lead Centre for the Study of Partner  Ludwig Boltzmann organisation Democracy (CSD), Bulgaria organisations Institute of Human Rights  CENSIS Foundation, Rome  Peace Institute, Ljubljana  University of Halmstadt (Sweden)  several individual experts Starting/ September 2010 to March 2012 end date

Publication Handbook will be published in February 2012

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

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polis – Austrian Centre for Citizenship Education in Schools

Summary polis, the Austrian Centre for Citizenship Education in Schools supports teachers in putting citizenship education into practice at schools. The Centre provides teaching materials, acts as information and consultation platform, offers university education and in-service trainings for teachers as well as workshops for students. Apart from knowledge transfer activities polis also engages in awareness raising and sensitisation for all issues concerning politics, democracy and human rights. polis was initiated by the Austrian Federal Ministry of Education, Science and Culture at the BIM-FV in 2006. The Centre emerged from the Service Centre for Human Rights Education (since 1997 at the institute) and the Service Centre for Civic Education (since 2002 at the institute). Main tasks of polis are, among others:  periodical for teachers “polis aktuell”  purchase, publishing und distribution of teaching materials on civic education  in-service teacher trainings  workshops for school classes  organisation of events, e.g. EDC Action Days  coordination of a teacher’s network  consultation and support of teachers  Austrian Agency for Education for Sustainable Development in cooperation with Environmental Education Forum  coordination of an European project week at an Austrian school within the framework of the project “Young ideas for Europe”  host institution within the framework of the scholarship programme “Transform Europe | Civic Education in Action”  national and international cooperations, e.g. DARE, EUROCLIO, NECE → www.politik-lernen.at Country Austria

Persons Leader Patricia Hladschik involved Staff members Ingrid Ausserer Maria Haupt Dorothea Steurer Elisabeth Turek

Contact person Patricia Hladschik, [email protected]

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

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

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VOICE. Developing citizens. Paths to core-competencies through a problem-based learning project in civic education.

Summary

VOICE is a Comenius multilateral project funded by the European Commission which started in January 2011. The project consortium – formed by educational experts and practitioners from nine different institutions from Austria, Estonia, Germany, Slovenia and Turkey – develops (1) an innovative strategy for education in secondary schools, in which both civic engagement and learning-to-learn competences shall be improved and enhanced. To achieve the sustainable implementation of such a competence-orientated civic education, the consortium will develop; (2) a teacher training course which focuses on necessary background knowledge and methodological tools for teachers to realize competence-orientated civic education. Final products of the project will be (a) four thematic modules for school teaching on the subjects Democracy, Europe, Human Rights and Migration, and furthermore (b) “key modules”, which focus on the enhancement of social/civic, learning and methodological competences. The variable combination of modules allows an effective orientation towards different target groups with different needs, interests and qualifications/competences. Moreover the learning modules can be related to current political debates in the European and national public. → www.voice-comenius.org

Countries Austria, Estonia, Germany, Slovenia, Turkey

Persons Project leader (BIM) Elisabeth Turek involved

Contact person Elisabeth Turek, [email protected]

Lead Leibniz University Partner  Austria: organisation Hannover, Institute for organisations Demokratiezentrum Wien Political Science (AGORA and polis – Austrian Citizenship Education) Centre for Citizenship Education in Schools  Estonia: The Jaan Tõnisson Institute (Center of Civic Education) and Tallin English College  Slovenia: Center for Citzenship Education and Commercial High School Maribor  Turkey: Selçuk University (Faculty for Educational Science), Konya Provincial National Education Directorate

Starting/ January 2011 to December 2012 end date

Publication Manual with teaching and learning materials planned for 2012

Funded by European Commission, Lifelong Learning Programme COMENIUS

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Study on Data Security within the Transposition of the Data Retention Directive in Austria

Summary

Directive 2006/24/EC requires the retention of all telecommunications traffic- and access-data by all providers of public electronic communication networks and services within the EU. The provision of such services regularly includes the processing of personal data of users. In order to comply with the European Convention on Human Rights, particularly article 8 concerning the private life and correspondence, this data is classified and must not be publicly disclosed. The BIM conducted a study with the objective to evaluate technical solutions based on the legal requirements, providing a high level of data security and protection of fundamental rights. The results of the study lead to a legal proposal for regulation of data security in compliance with fundamental rights. However, the focus of the practical problems of data security rests with the secure transmission of data. For this reason, the main part of the study is the concept of a central “data hub”, the so-called “Durchlaufstelle” (DLS). This “data hub” has been developed by the author as a reference model. Personal data is encrypted and exchanged between sender and receiver in a way not accessible to the DLS itself. In addition to the theoretical background, a thorough empirical part including the documentation of six roundtables attempted to find a workable solution for all stakeholders. The draft regulation is therefore based on a broad professional consensus and is characterized by an unusually high level of technical determination. The draft regulation was open to public review until September 2011 and was adopted by the Federal Ministry of Transport, Innovation and Technology (BMVIT) in agreement with the Federal Ministry of the Interior (BMI) as well as the Federal Ministry of Justice (BMJ) in December 2011. Though some smaller amendments which were criticised from the perspective of fundamental rights protection, have been made, the substantial suggestions have been transposed into national legislation. Besides the data security study, as a subsequent work to the BIM-Draft for an amendment to the Telecommunications Act transposing the Data Retention Directive (http://bim.lbg.ac.at/en/information- society/bimdraft-act-implementing-data-retention-directive-contribution-edrigram-2122009), the BIM also supported public servants from the BMVIT with expert advice in the course of their work on a final draft law.

Country Austria

Persons Project leader Hannes Tretter involved Researcher, author Christof Tschohl

Contact person Christof Tschohl, [email protected]

Lead Ludwig Boltzmann Institute Partner - organisation of Human Rights organisation

Starting/ May 2010 to July 2011 end date

Publication Tschohl, Christof: Data Security TKG-Novelle 2010, online-publication BIM- Website, 2011: http://bim.lbg.ac.at/en/digital-rights/study-data-security-within- transposition-data-retention-directive-austria

Funded by Federal Ministry for Transport, Innovation and Technology (BMVIT) – FFG

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