Vienna (PK) – In times like these, the indispensability of human rights is remembered every day, said Federal Minister Karoline Edtstadler at today’s Human Rights Committee, in view of Russia’s human rights violations in Ukraine. One should never get used to the war in the neighborhood—any more than Iranian women—and men who sympathize with them—being executed, she emphasized. The situation in Afghanistan would also serve as a reminder that there is much work to be done on equality around the world. The European Convention on Human Rights was created with good reason to prevent atrocities. However, human rights should not be taken for granted, as well as democracy and the rule of law, the constitutional minister told members of the National Council in the newly renovated House.
In addition to international human rights violations, the current debate has also touched on European agendas and freedom of information.
A number of opposition issues were also on the agenda, all of which were postponed.
Current discussion with the Minister of the Constitution and the EU
Johann Weber (ÖVP) addressed the fact that Russia is no longer a member of the Council of Europe as a result of the war of aggression and is therefore no longer a State party to the Human Rights Convention. Russia’s exclusion from the Council of Europe was an inevitable step with no alternative, which also deprived the Russian population of the opportunity to appeal to the European Court of Human Rights, said Edtstadler. One should not lose sight of the fact that millions of Russian civilians are suffering enormously under Putin.
The situation in Iran was raised by several MEPs. Harald Troch, Petra Bayr (both SPÖ) and Nikolaus Scherak (NEOS) wanted to know what measures and sanctions are planned at the European level. According to Minister Edtstadler, the Council’s legal service must await an assessment of whether the Taliban should be classified as a criminal organization.
For Susanne Fürst (FPÖ), the corruption case in Brussels was interesting in the context of the internal anti-corruption referendum. She wanted to know from the EU minister whether corresponding initiatives were being discussed at European level. Edtstadler couldn’t name any specific measures, but said it was important for the EU Parliament to regain citizens’ trust.
Stephanie Krisper (NEOS) addressed human rights violations against asylum seekers, specifically in EU member state Greece, and asked whether an infringement procedure had been initiated. Austria has not done this, replied Edtstadler. It is up to the Commission to initiate such a thing. However, substantial problems in the area of asylum procedure are known, which is why there are currently no deportations to Greece, according to the minister.
Faika El-Nagashi (Greens) mentioned the fact that the EU intends to turn “hate speech” and “hate crimes” into so-called “EU crimes”. Until now, this would only include particularly serious crimes with a transnational component. According to Edtstadler, however, this would require an EU treaty change and therefore unanimity. With its strict laws, Austria is a pioneer in this area.
When Peter Weidinger and Hans Stefan Hintner (both ÖVP) asked about the rule of law in Hungary and the conditionality mechanism, Edtstadler reported that Hungary was taking the procedure seriously and was taking action. 55% of EU funds were “frozen”. It remains to be seen whether the reform steps will bear fruit.
Harald Troch (SPÖ) and Nikolaus Scherak (NEOS) addressed freedom of information, whereby the constitutional minister emphasized that the implementation of the freedom of information law in the current legislature is a concern that she has been trying to achieve for years. The evaluation of the bill is completed, opinions obtained and there is now more awareness and sensitivity to the issue, she said. For her, the decision to pass the Freedom of Information Act would be an important step towards regaining the trust of citizens.
Ewa Ernst-Dziedzic (Greens) wanted to know if the minister saw the need to expand the catalog of fundamental rights – for example, with regard to the right to housing or the right to a clean environment – and further strengthen the indivisibility of human rights in Austrian constitutional law. The simple legal structure in Austria is good, Edtstadler replied. Not everything has to be at the constitutional level.
Other topics in the current debate were basic social rights, religious freedom, the Internet Governance Forum and the attack on democracy, generally considered unacceptable, such as the attack on the government building in Brazil.
SPÖ for the development of the catalog of fundamental rights
SPÖ representative Harald Troch suggests developing a comprehensive catalog of fundamental rights and resuming relevant negotiations between all parties. The proposed resolution ( 3057/A(E)), which was postponed by the ÖVP and the Greens, refers to the 2020-2024 program of government, which outlines the plan to further develop the federal constitution to strengthen human rights and fundamental. With the involvement of experts, the possible expansion of protection of fundamental rights should be examined and the development of a uniform catalog of “state goals” should be achieved.
Although the extension of the catalog of basic rights is in the government’s program, “nothing goes beyond” basic social rights, Harald Troch (SPÖ) defended his motion, with which he wanted to take the discussion to parliament. However, there is “a great need for action” because, according to him, poverty has risen sharply due to the corona pandemic.
Ewa Ernst-Dziedzic (Greens) welcomed the SPÖ initiative and advocated discussing the catalog of fundamental rights with all parliamentary groups. However, this does not require the application of the SPÖ. In addition, there have been conversations with NGOs and the coalition partner over the last three years.
This was followed by Gudrun Kugler (ÖVP), who described enlargement as a continuous and permanent process. In the current scenario, however, the implementation of anti-inflation and poverty-fighting measures are priorities for the federal government.
Susanne Fürst (FPÖ) also supported the idea of a comprehensive discussion with all parties. There are many aspects that need to be adapted. However, the FPÖ deputy was skeptical about the inclusion of basic social rights.
FPÖ demands revision of the European Convention on Human Rights
In its proposed resolution (3017/A(E)), also postponed by the government parties, the Freedom Party advocates a revision of the European Convention on Human Rights (ECHR). For this purpose, a working group is about to be set up, involving experts and all parliamentary clubs. The European Court of Human Rights (ECtHR) triggered a new “migration of peoples, including a rush of asylum seekers to Europe” through its rulings and formed international replacement legislation or a “judicial law that has become completely independent” through a “continuing further interpretation” of Convention rights. This “sovereignty-restricting effect of the dynamic interpretation of rights under the ECHR”, which the ECHR “hardens” to make in its decisions, can best be illustrated by the fact that terrorists are not being repelled, according to the Party of Freedom .
Martin Graf (FPÖ) emphasized that a revision of the ECHR is already being widely discussed by science and the judiciary in Austria and Europe. There is more and more “judiciary law”, which contradicts the constitution.
In contrast, Petra Bayr (SPÖ) saw no need to revise the ECHR. “Human rights are universal and belong to everyone,” Bayr said. Committee chairman Nikolaus Scherak (NEOS) agreed. It is normal for legal rules to be interpreted differently over time, but there is no need to change the ECHR. According to Scherak, the request is directed at the ÖVP, from whose ranks similar demands have already arisen.
“Yes, Austria has a problem with a large number of asylum applications, but that is not the fault of the original text of the ECHR”, said Gudrun Kugler (ÖVP) in the leadership of the Freedom Party. Rather, the interplay of many standards at the EU level is responsible for this.
Two opposition initiatives that had already been postponed were again put on hold by the ÖVP and the Greens. On the one hand, this applies to the proposed NEOS resolution ( 747/A(E)), which calls for better sanctioning mechanisms against human rights violators, such as entry and transit bans and the freezing of accounts and other goods.
On the other hand, against the background of the tense situation in the national real estate market, the SPÖ defends the anchoring of the “right to housing” in the state constitution ( 2437/A). Measures such as tenant protection and social housing are intended to ensure that a sufficient number of apartments are available at reasonable prices and conditions. (Closing of the Human Rights Committee) fan/med