AUSTRIA: FIFTH ANNUAL ANTI-TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 09 VIENNA 000602

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SUBJECT: AUSTRIA: FIFTH ANNUAL ANTI-TRAFFICKING IN PERSONS
(TIP) REPORT

REF: 04 STATE 273089


1. Entire cable is sensitive but unclassified, please treat
accordingly.


2. Below please find Embassy Vienna's submission for the
annual TIP Report. Responses are keyed to reftel.

BEGIN TEXT:


18. OVERVIEW
--------------


A. Austria as a Country of Transit and Destination

Police, Ministry of Interior Officials and non-governmental
organizations (NGOs) confirm that Austria is both a transit
and destination country for trafficked persons. Police say
that it is unclear exactly how many victims there are in
Austria, as many are never identified or do not identify
themselves as trafficked victims. Many remain hidden from
law enforcement authorities. While there are some 3,500
registered prostitutes in Austria, GOA sources estimate there
are around 6,000 illegal prostitutes, 60 to 80 percent of
whom are aliens, and some of whom are victims of trafficking.


In 2004, the NGO LEFOE (Latin American Women in Austria)
reported assisting 167 victims of trafficking, most of whom
are between 19 and 25 years old. Victims of trafficking are
almost always women, though there are also cases of
trafficking in minors. The Vienna Crisis Center Augarten
assisted illegal alien minors, most of whom were from
Bulgaria, and some of whom came from Romania. IOM estimated
that some 100-200 girls from Bulgaria were trafficked to
Austria in 2004.


B. Origin and Destination of Victims

Austria is a transit and destination country for trafficked
victims. Police estimate that the final destination for many
of these victims is other EU countries, especially Italy,
France, and Spain. Austria is also a country of destination
for traffickers and victims. In recent years, Austria has
seen a marked demographic shift in women trafficked into
prostitution. Until the late 1980s, most trafficked women
came from Latin America and Asia. Since the early 1990s,
victims have originated almost exclusively from Eastern
Europe. Officials believe that trafficked persons come
primarily from Romania and Bulgaria, as well as countries of
the former Soviet Union, such as Moldova, Belarus and
Ukraine. Trafficking in children from Romania decreased
dramatically in 2004. In addition, neighboring countries
such as the Czech Republic, Slovakia, and Hungary are also
sources of trafficked persons, though police note that fewer
and fewer victims of trafficking are coming from these three
countries. Police officials also note some Nigerian victims
of trafficking.

Citizens of the Czech Republic, Hungary, and Slovakia as well
as from Romania and Bulgaria do not require visas to enter
Austria (which makes it easier and less expensive for
traffickers to make arrangements). Primary trafficking routes
include a southern route from the Balkans to Vienna and on to
Italy and Germany, a northern route from Prague to Linz and
Vienna, and an eastern route from Russia, Ukraine, and
Romania. Police have further identified patterns in African
women being brought through Spain and Italy and then asking
for asylum in Austria.

Vienna is the largest urban center in Austria and has
experienced the bulk of trafficking cases. Trafficking is
also a problem in other provincial capitals, such as Graz,
Linz, Salzburg, and Innsbruck. Police also noted a problem in
smaller towns in Carinthia and in Wels. Police estimate that
trafficking is a problem throughout the country, due to the
flexibility of the trafficking network and the desire for
"new" prostitutes.

Trafficking in children from Bulgaria remains a problem.
Traffickers bring Bulgarian children, primarily girls between
seven and ten years old, to Austria to beg and steal on the
streets of Vienna. Police believe traffickers force some
children into prostitution.


C. Changes in Direction or Extent

Interior Ministry officials have noted that victims stay in
one location for shorter amounts of time, most likely due to
effective police action against trafficking. They also say
there was a marked decrease in the number of trafficked
children from Romania, while the number of trafficked
children from Bulgaria rose substantially. Close cooperation
between Austrian and Romanian police and government officials
helped to account for the decrease in the number of Romanian
child victims.


D. Surveys

The Boltzmann Institute for Human Rights, a semi-independent
think tank, funded in part by the government, has done
extensive research on the issue of trafficking. The Interior
Ministry releases an annual report containing statistics on
charges in the areas of alien smuggling, illegal immigration
and trafficking.


E. Conditions of Victims

Trafficking of persons in Austria is mostly for the purposes
of prostitution. Most women that traffickers bring to
Austria have received promises of unskilled jobs as nannies,
waitresses, or dancers. Upon arrival, traffickers force or
coerce the women into prostitution. There are also cases of
women who come to Austria explicitly to work in the sex
industry but who are then forced into states of dependency
akin to slavery. Most victims are in Austria illegally and
fear being turned in to authorities and deported.
Traffickers usually retain victims' official documents,
including passports, to maintain control over them.

Victims of trafficking have reported being subjected to
threats and physical violence. A major deterrent to victim
cooperation is widespread fear of retribution, both in
Austria and in victims' countries of origin.


F. Country of Origin

There is no evidence that Austria is a source country for
trafficked victims.


G. Political Will of Host Government

The government recognizes trafficking in persons as a problem
and is committed to combating this phenomenon. The Interior
Ministry works at the national and international level to
raise awareness of human trafficking. The Ministry's Federal
Bureau for Criminal Affairs created a division in 2003
dedicated solely to combating human trafficking, as a
sub-division of the organized crime unit.

The government funds NGOs to provide services to victims and
conduct studies of the problem. The Ministry of Justice
regularly holds training seminars for police, prosecutors,
and judges to educate them on trafficking issues and
sensitize them to these problems.


H. Involvement of Government Authorities
There is no evidence that government authorities are involved
in facilitating, condoning or are complicit in the
trafficking of persons.


I. Limitations to Addressing the Problem
NGOS, police and the Interior Ministry agree that the most
important tool in fighting trafficking in persons is locating
victims who are willing to testify. They differ, however, on
how to increase the participation of victims in court
proceedings. NGOs believe that police and judicial
authorities need to be further sensitized to the issue.
There are no allegations of institutional corruption.
Representatives from LEFOE complain about a lack of
sufficient funding to deal effectively with the number of
victims they assist. However, LEFOE is currently in
negotiation with the government regarding new funding
arrangements.


J. Government Monitoring

The Ministry of Interior publishes its statistics on arrests
of traffickers in its annual report.


K. Prostitution

Prostitution is legal in Austria and regulated at the
provincial level. Federal law requires prostitutes to
undergo mandatory health checks, register with authorities,
and pay taxes. Prostitutes are covered by the health system.
Prostitutes who do not conform to these requirements are
subject to prosecution. The legal minimum age in all states
is 18. There are 640 legal brothels in Austria and up to
three times as many illegal ones. There are 3,500 registered
prostitutes in Austria, and an estimated 6,000 illegal
prostitutes, 60 to 80 percent of whom are aliens. The
Ministry of Interior and provincial health authorities
monitor the activities of the legal bordellos.



19. PREVENTION
--------------


A. Acknowledgment of the Problem

The government acknowledges that trafficking is a problem in
Austria.


B. Government Agencies

The Ministry of Interior is the primary government agency
involved in anti-trafficking efforts. At the local level,
police are responsible for enforcement of violations of the
criminal code and have the most day-to-day contact with
victims.


C. Anti-Trafficking Campaigns

LEFOE conducts information and educational campaigns
targeting the public on a regular basis. The Ministry of
Interior cooperates with other countries as well as the
International Organization for Migration (IOM) in training
projects for law enforcement officials.


D. Other Programs

The Foreign Ministry developed a packet of information for
potential trafficking victims and distributes them in
Austrian embassies in Eastern Europe. The packet of
information contains information on places for victims of
trafficking to get help in Austria.


E. Prevention Programs

The government funds NGOs to prevent trafficking in persons
and to raise awareness of this problem. (See section 19C)


F. Relationship Between the Government and NGOs
The government works with NGOs to combat trafficking. Both
the police and NGOs confirm that cooperation, based on mutual
respect, is generally good and becoming more routine.


G. Monitoring of Borders

Austria has strong border control policies. However, due to
its geographic location on the eastern edge of the EU, it is
a conduit for the entry of illicit activity into the European
Union. Ministry of Interior officials say the border police
are continually intensifying their efforts to strengthen its
borders. Liaison officials from Romania posted at Austria,s
eastern borders helped in substantially reducing trafficking
from Romania.


H. Inter-Governmental Coordination

The Interior Ministry focuses on the creation of policy goals
for combating trafficking and the Federal Bureau for Criminal
Affairs, along with local police forces, deal with the
operational side of investigating and arresting traffickers.
There is good coordination between these bodies.

In November, the Foreign Ministry, acting upon a Council of
Ministers decision, reinstituted the inter-ministerial
working group on trafficking as a Task Force on Trafficking
in Human Beings. The group meets quarterly and includes
representatives from the Ministries of Health and Women's
Affairs, Interior, Labor, Economics, Social Affairs, and
Justice. Representatives from LEFOE and from the office of
the Organization for Security and Cooperation in Europe's
(OSCE) Special Representative on Combating Trafficking in
Human Beings also participate.


I. International Cooperation

Ministry of Interior Officials and members of the Federal
Bureau for Criminal Affairs establish contacts with
authorities in countries of origin to facilitate the
prosecution of suspected traffickers and the disbanding of
trafficking rings. At the EU level, Austria has worked with
the European Union to focus attention on trafficking.
Austria has harmonized its anti-trafficking legislation with
the EU legal framework. The government also works closely
with INTERPOL.

Austria has also played an active role in a number of
international fora dealing with trafficking, such as the UN,
the OSCE, and the Council of Europe. Because of the rise in
trafficked victims from Romania in previous years, Austrian
police have several Romanian liaison officers assisting them
in Austria. This is also part of an exchange program with
Romania to train police officials. Austrian police
authorities have tried to start a similar program with
Bulgaria.

The Austrian Embassy in Bucharest successfully worked with
the Romanian government to establish a shelter in Bucharest
for unaccompanied children returning to Romania.


J. National Plan of Action

The Task Force on Trafficking in Human Beings does not have a
formal plan of action. They do have a clear agenda of
important projects that require action.


K. Development of Anti-Trafficking Programs

The Ministry of Interior develops anti-trafficking programs
in cooperation with police and NGOs.



20. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
-------------- --------------

A. Legal Provisions

There is no single law covering all forms of trafficking in
persons. Article 217 of the Austrian criminal code, last
amended in January 1999, and the new Article 104a of the
criminal code, which went into effect in May 2004, are the
key provisions for the prosecution of traffickers.
Paragraph 1 of Article 217 refers to inducing or recruiting
aliens for prostitution. Paragraph 2 of Article 217 covers
trafficking for prostitution through the deception of someone
regarding the purpose of their journey to Austria or through
coercion or use of force. Article 104a prohibits the
recruitment, housing, transportation, offering or transfer of
persons for the purpose of sexual exploitation, exploitation
of labor, or exploitation of human organs.

Article 104 of the Criminal Code deals with trafficking for
the purposes of slavery. Because it is difficult for
prosecutors to prove that traffickers duped their victims or
forced them into a dependency situation, especially when the
victims are not willing to testify in court, Articles 217 and
104 of the Criminal Code were rarely used in the past.
Future statistics will show whether this will also be the
case with the new Article 104a.

Article 104 (previously Articles 104 and 105) of the Aliens
Act also contains criminal provisions on alien smuggling.
The Ministry of Interior estimates that most traffickers are
prosecuted under this section of law, because facilitation of
illegal entry is easier to prove than trafficking and does
not require the testimony of victims. An additional criminal
law provision for Article 105 of the Aliens Act was
introduced in June 2000. This provision prohibits the
exploitation of aliens, without specifically requiring
demonstration of prostitution as a goal, and without
requiring demonstration of assistance in the illegal entry of
aliens. Article 105 serves to enhance enforcement of
criminal provisions against traffickers, since it requires no
proof that traffickers coerced or forced their victims into a
dependency situation.

Trafficking crimes involving death and extreme violence
receive stronger penalties under Austrian law than ordinary
trafficking violations. These penalties are at least as
stringent as those for rape. Austria provides for sentences
ranging in length based upon the seriousness of the crime and
the previous record of the accused. Punishment for
trafficking is in line with other sentences for serious
crimes under Austrian law.

NGOs have criticized police for not devoting enough resources
to combat human trafficking. Police counter that it is
difficult to enforce trafficking laws without witnesses
willing to testify against perpetrators.


B. Penalties for Trafficking

Punishment under Article 217 of the Criminal Code results in
sentences from six months to 10 years. Article 104 of the
Criminal Code requires sentences ranging from 10 to 20 years.
Article 104a of the Criminal Code provides for sentences of
up to 10 years. Article 104 of the Aliens Act provides for
sentences of up to 10 years for persons convicted of alien
smuggling. Article 105 of the Aliens Act provides for
sentences of up to two years for persons who exploit aliens,
up to five years under graver circumstances, and up to 10
years if the crime results in the death of the alien.

C. Penalties for Rape

Article 201 of the Criminal Code provides for imprisonment of
six months to 10 years for convictions for rape. Under
specific circumstances such as torture, sentences can reach
15 years. In cases leading to the death of victims,
sentences can be up to 20 years.

D. Prosecution of Traffickers
In 2004, 165 cases against suspected traffickers were filed
under Article 217 of the Criminal Code. In 2003, there were
169 cases filed and 11 convictions. In 2004, 238 cases were
filed under the new Article 104a of the Criminal Code. Cases
filed for alien smuggling under the Aliens Act were much
higher, lending credence to the theory that many traffickers
are prosecuted under this section of law. In 2004, there
were 1,222 cases filed against persons suspected of smuggling
aliens. In 2003, there were 1,650 cases filed and 208
convictions. Under Article 105 of the Aliens Act, there were
40 charges in 2004. In 2003, there were 34 cases filed and
three convictions. (Note: these are the latest figures
available. Conviction figures for 2004 will be available in
May 2005.)


E. Perpetrators

The police have caught both Austrian and foreign traffickers.
Austrian perpetrators are involved generally when the police
catch women in licensed brothels. Foreign nationals are
mainly involved with secret, unlicensed brothels. Police
estimate that organized crime groups, mainly from Eastern
Europe, control a large portion of trafficking in Austria.
Police are aware of cooperation between domestic and foreign
pimps for organizing the transfer of prostitutes from abroad
to Austrian towns. LEFOE reports the majority of traffickers
who were involved with the women they sponsor came from
Romania.


F. Investigation of Cases

The government investigates all cases filed. Investigations
are the responsibility of police, who must balance resources
for this and other types of crimes. Authorities may make use
of special provisions in the Aliens Act to obtain residence
permits for victims. (See section 21a)


G. Training

The police academy offers police cadets a one-day course on
dealing with trafficking. LEFOE also conducts seminars on
trafficking for law enforcement officials. NGOs have called
for more training of police and judicial authorities to
sensitize them to the growing problem of trafficking. IOM
has sponsored a number of seminars for Austrian police. The
Ministry of Justice held a training conference for judges and
public prosecutors in January 2005 with support from the U.S.
Embassy. T. March Bell, Senior Special Counsel for
Trafficking Issues at the Department of Justice, was the
conference,s keynote speaker. In addition to the
conference, Bell gave a public lecture and met with
representatives from the police, Foreign Ministry and NGOs.
His visit to Austria generated a large amount of press
coverage, including television, about the USG,s
anti-trafficking efforts.


H. Inter-governmental Cooperation

The government, at both the national and local levels,
cooperates with authorities from other countries to
investigate and prosecute trafficking cases. Cooperation with
Eastern European governments has been especially useful in
prosecuting trafficking rings.


I. Extradition
Alien trafficking is an extraditable offense. Under the
European Extradition Convention of December 13, 1957,
"extradition shall be granted in respect of offenses
punishable under the laws of the requesting Party and of the
requested Party by deprivation of liberty or under a
detention order for a maximum period of at least one year of
by a more severe penalty."


J. Government Involvement in Trafficking

There is no evidence of government involvement in or
tolerance of trafficking on a local or institutional level.


K. Government Steps to End Involvement in Trafficking

There is no evidence of government involvement in or
tolerance of trafficking on a local or institutional level.


L. Child Sex Tourism

Austria is not a source or destination country for child sex
tourism. The government can, however, prosecute and/or
extradite individuals to their country of origin if cases do
occur. As of May 1, 2004, Austrians charged of acts of
sexual abuse abroad can be prosecuted in Austria.


M. International Instruments

On December 4, 2001, the Austrian Government ratified ILO
Convention 182. On June 7, 1960, the Austrian Government
ratified ILO Convention 29. On March 5, 1958, the Austrian
Government ratified ILO Convention 105. On September 6, 2000,
Austria signed the Sale of Children Protocol supplementing
the Rights of the Child Convention. The Protocol was
ratified in May 2004 and went into force on June 6, 2004. On
December 12, 2000, Austria signed the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, supplementing the
U.N. Convention Against Transnational Organized Crime. The
government has not yet signed this Protocol. Austria is also
an active participant in the Council of Europe working group
on the Council of Europe Convention on Action Against
Trafficking in Human Beings. The Convention is expected to be
signed in May 2005.



21. PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. Victim Assistance

Article 10(4) of the Aliens Act provides for temporary
resident status for victims of human trafficking, as defined
by Article 217 of the Criminal Code. Victims also have the
possibility of continued residence if they meet criteria such
as willingness and ability to integrate in Austria. LEFOE
offers victims of trafficking counseling, legal assistance,
and full medical exams, including HIV/AIDS screening. In
2004, LEFOE reported assisting 167 women, 37 of whom stayed
in the LEFOE shelter. Women stay an average of 11-20 weeks
in their shelter. LEFOE reports excellent cooperation with
government authorities. The Vienna Crisis Center Augarten
offers illegal minors legal, medical, and social assistance.


B. Funding for NGOs

The primary NGO dealing with trafficking in persons in
Austria is LEFOE. LEFOE is primarily funded by the Interior
Ministry and the Ministry for Health and Women. Each
province has at least one women's shelter that provides
assistance to battered women. Victims of trafficking are
allowed to stay in such shelters. Funded by local
authorities, shelters are also utilized to assist victims of
trafficking.


C. Transfer of Victims

After identifying a victim of trafficking, police contact
LEFOE and arrange for the victim to stay with LEFOE until the
victim decides whether he or she would like to return to
their home country or settle in Austria or elsewhere.


D. Rights of Victims

The law gives full rights to those whom police identify as
victims of trafficking. Police and government officials
generally respect those rights. Victims of trafficking are
sometimes guilty of violating Austrian immigration and
employment laws. Persons violating immigration laws are
subject to deportation. Potential victims of trafficking
that do not identify themselves as trafficked victims (or
whom the police cannot identify as trafficked victims) are
often deported. In cases in which NGOs, police and the
courts are aware of trafficking, those institutions can
utilize provisions in the immigration law to allow victims to
remain in Austria in order to testify against traffickers.
(See section 21A) At times, however, victims are in Austria
legally and do not wish to return to their home countries.

The Interior Ministry grants residence permits to victims of
trafficking based on Paragraph 10(4) of the Aliens Act. This
paragraph concerns the issuance of residence permits for
humanitarian reasons in general, and does not specifically
refer to victims of trafficking. In 2003, the Interior
Ministry granted a total of 1,824 residence permits, though
the Ministry statistics do not distinguish recipients who
were victims of trafficking from other types of recipients.
Representatives of LEFOE say the Interior Ministry has never
turned down a request for a residency permit for one of the
victims in their care.


E. Legal Action Against Traffickers

The government encourages victims to assist in the
investigation and prosecution of trafficking. Victims may
file civil suits or seek legal action against traffickers.
Austrian immigration law allows for the issuance of temporary
residence permits for victims of trafficking. (See section
21A.) Legal assistance for victims is provided by LEFOE (See
section 21I.)


F. Protection for Victims and Witnesses

LEFOE provides secure housing and other support for victims
of trafficking while in Austria. IOM seeks to put victims in
contact with NGOs in their home countries upon their return.
Police and Ministry of Interior Officials have established
relationships with their counterparts in countries of origin
to assist victims and assist prosecution of traffickers.


G. Training for Assistance to Trafficked Individuals

Training is provided to police on the issue of trafficking in
persons and the needs of victims. (See section 20G.)


H. Government Assistance

Victims of trafficking in Austria have full access to the
Austrian social system.

The City of Vienna operates a shelter for illegal alien
minors called the Vienna Crisis Center Augarten.


I. NGO Assistance

LEFOE is the primary NGO in Austria dealing with victims of
trafficking. Although the group's initial focus upon its
creation in 1985 was in counseling and educating immigrant
women from Latin America, it has since expanded to help
female victims of trafficking from all nations. LEFOE has
published a brochure for victims, providing information on
their rights and on recourses available to them. LEFOE has
beds for twelve women, though it can accommodate more women,
if necessary. Between August and December, LEFOE could not
house any additional women in its shelter, because it was
full.

LEFOE also provides psychological, legal, and health-related
counseling and assistance, emergency housing, and German
language courses. LEFOE workers will also assist victims to
prepare for court proceedings against traffickers and will
assist victims in returning to their country of origin,
including liaising with counseling centers in those countries
to ensure that victims continue to receive services upon
return to their home countries.

Outside of Vienna, the "Independent Integration Center for
Immigrants" in the city of Linz provides counseling for
trafficked women. The cities of Innsbruck, Salzburg, Graz,
Klagenfurt and St. Poelten provide assistance to trafficked
women through their intervention centers for domestic abuse.
Federal and local governments finance these intervention
centers. The Boltzmann Institute for Human Rights conducts
research on the issue of trafficking. IOM is also active in
Austria and has conducted several studies of trafficking.

NGOs report that cooperation with authorities is generally
good and becoming more routine.

END REPORT


3. Post has no nominations for Heroes or Best Practices at
this time. Preparation Time: FS-01: 2 hours; FS-04: 40
hours; FSN-11: 40 hours. Post Point of Contact for the TIP
is Economic-Political Officer Christine Dal Bello, Tel 43
(1) 31339-2398, Fax 43 (1) 31339-2916, E-mail:
dalbelloc@state.gov.
Brown