AUSTRIA: SIXTH ANNUAL TRAFFICKING IN PERSONS (TIP)

UNCLAS VIENNA 000678

SIPDIS

SIPDIS, SENSITIVE

FOR G/TIP, G, INL, DRL, PRM, IWI, AND EUR/AGS

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ALAB AU
SUBJECT: AUSTRIA: SIXTH ANNUAL TRAFFICKING IN PERSONS (TIP)
REPORT

REF: A) STATE 03836 B) 05 Vienna 602


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:

I21. 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. The International Organization for
Migration (IOM) estimates there are 7,000 victims in Vienna
alone, while the OSCE Task Force on Trafficking estimates
around 4,000.

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 and Ukraine.

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 provincial capitals, such as Graz, Linz,
Salzburg, and Innsbruck. Police also noted a problem in
smaller towns in Carinthia and in Wels, Upper Austria. Police
think 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, primarily from Bulgaria, continued to
be a major area of concern to Austria authorities in 2005. In
Vienna, authorities in 2005 identified roughly 700 children,
mostly Bulgarian Roma girls, who were trafficked to Austria to
steal, or for prostitution. So far, City of Vienna
authorities have not been able to reach a satisfactory
conclusion with Bulgarian officials in how to best address
this problem.


B. General Overview and Changes Since Last Report

The trafficking issue has been far more in the public eye this
past year. Although Austria's role as EU President for the
first half of 2006 is partly responsible for this, a high-
profile case which rode the media news cycle wave in August

2005 also attracted much public and political attention.

The issue has also achieved more prominence in the political
sphere. The opposition Social Democrat Party (SPO) called for
fines for clients of trafficking victims if they are aware
that the prostitution was forced, with the money going to
institutions which care for trafficking victims. The SPO has
also urged that trafficking victims be granted a period of 30
days during which they receive psychological and social
assistance, but do not have to testify. Under the proposal,
victims who testify would have a claim to a residence permit,
as well as permission to work. Furthermore, names and
addresses of victims would not be available to the accused and
their lawyers during criminal procedures. There would also be
additional measures in victims' home countries to facilitate
their return. The SPO has also called for more specially
trained law enforcement and judicial personnel, and for more
financial and human resources for organizations providing
counseling to victims of trafficking. Finally, the SPO has
also suggested the introduction of a new regulation
prohibiting the "facilitation of trafficking," as exists under
German criminal code provisions.

At a December 2005 press conference, Interior Minister Liese
Prokop announced that she planned to make the battle against
trafficking in children a focus of the Austrian EU Presidency.
In a mid-March 2006 seminar, the Austrian EU Presidency will
provide training to law enforcement officials from 42
countries. Prokop specifically wants training to focus on
improving interrogation skills in detecting trafficking
victims and in providing care to victims.


II22. PREVENTION
--------------


A. Acknowledgment of the Problem

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.


B. Government Agencies

The Ministry of Interior is the primary government agency
involved in anti-trafficking efforts. The Ministry of Foreign
Affairs coordinates overall GOA efforts through its leadership
of the inter-ministerial Task Force. 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

The Federal Chancellery, as well as the Austrian Broadcasting
System (ORF) and the Vienna Film Fund, is subsidizing a
documentary on trafficking. This should be finished in 2006.


D. Other Programs


E. Prevention Programs

The government funds NGOs--with LEFOE serving in a semi-
official capacity--to provide services to victims and to
conduct studies of the problem. The Ministry of Justice
regularly holds training seminars for police, prosecutors, and
judges to educate them on and sensitize them to trafficking
issues.The government acknowledges that trafficking is a
problem in Austria.

Interior Minister Liese Prokop announced in September 2005
that Austrian embassies and consulates in Russia, Belarus and
Ukraine were issuing special information about dangers of

forced prostitution to women who applied for visas and
declared an intent to work as dancer or in similar
professions. Prokop also said she had instructed these
embassies and consulates that women must apply in person for
these visas in order for the embassies and consulates to exert
more control over these cases. As discussed below, the
"dancer" visa was eliminated as of January 1, 2006.

The City of Vienna is subsidizing five projects in Moldova,
Hungary, Albania, Macedonia and Bulgaria to combat
trafficking. These will cost Euros 100,000. The Vienna
Social Democrat Party's women's organization, in cooperation
with the charity organization CARE, is sponsoring a project in
Bulgaria focusing on the prevention of trafficking in women
and girls. The Austrian Development Agency is also seeking to
finance projects focused on anti-trafficking, as well as other
human rights issues, in southeastern Europe, eastern Europe,
and central Asia.

The States of Lower Austria and Carinthia participated in an
EU project called "Women East Smuggling and Trafficking"
(WEST),which concluded successfully in June 2005. In
cooperation with Italy and Albania, the project focused on
analyzing trends in the trafficking and smuggling of human
beings, and on developing information and measures to
sensitize the public, particularly in rural areas.

The Economics Ministry, together with the European Social
Fund, is sponsoring a newly-founded association called
"Sophie." This association offers computer and German-language
courses for sex workers, as well as counseling for prostitutes
who would like to quit prostitution.

One victim participated in the witness protection program.


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. In
October 2005, there was a roundtable discussion on human
trafficking, focused especially on female victims. Four
ministers met for a three-hour roundtable with government and
NGO representatives to discuss the problem.


G. Monitoring of Borders and Immigration PatternsBorders

Austria has strong border control policies. However, due to
its geographic location, it is a natural conduit for illicit
activity into western Europe. Ministry of Interior officials
say the border police are continually intensifying their
efforts to strengthen its borders. Border officials screen
for potential trafficking victims. A February 2005 seminar in
Traiskirchen specifically focused on victim identification for
law enforcement officials (see section 23-H for more details).



H. Inter-Governmental and International al Coordination

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

The inter-ministerial Task Force on Trafficking in Human
Beings continues to meet quarterly. It includes
representatives from the Ministries of Health and Women's
Affairs, Interior, Labor, Economics, Social Affairs, and
Justice. Representatives from LEFOE and the Organization for
Security and Cooperation in Europe's (OSCE) Taskforce on
Trafficking 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 within the EU
legal framework. The government also works closely with
INTERPOL.


J. National Plan of Action

The Task Force on Trafficking in Human Beings is working to
develop a National Plan of Action, and hopes to finish it by
the end of 2006.


III23. 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 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 prohibits "Border-crossing trafficking for the
purpose of prostitution." Paragraph 1 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
trafficking for the purpose of sexual exploitation,
exploitation of human organs, or labor exploitation.

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 are rarely used.

Article 104 (previously Articles 104 and 105) of the Aliens
Act also contains criminal-law provisions on alien smuggling.
The Ministry of Interior believes 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 generally prohibits the
exploitation of aliens.

Trafficking crimes involving death and extreme violence
receive stronger penalties under Austrian law than ordinary
trafficking violations. 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 104a also
provides for sentences up to 10 years. Article 104 of the
Criminal Code requires sentences ranging from 10 to 20 years.

Article 104 of the Aliens Act provides for sentences of up to
10 years for persons convicted of alien smuggling. Article 105
provides for sentences of up to two years for persons who
exploit aliens, under special circumstances, such as the death
of the victim, up to 10 years.


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 reach 20 years.


D. 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 700 legal brothels in Austria and up to
three times as many illegal ones. Approximately 500 women are
registered as prostitutes in Vienna. The Ministry of Interior
and provincial health authorities monitor the activities of
the legal bordellos.

ED. Prosecution of Traffickers

In 2005, 76 cases against suspected traffickers were filed
under Article 217 (border-crossing trafficking for the purpose
of prostitution) while 92 were filed under 104a of the
Criminal Code (trafficking). 1,274 cases were filed under
Paragraph 104 of the Aliens Law (smuggling of aliens). 24
cases were filed under Paragraph 105 of the Aliens Law
(exploitation of an alien). No cases were filed under Article
104 of the Criminal Code (slavery). For 2004, the number of
convictions was as follows: 44 convictions under 217 Criminal
Code; 330 convictions under Paragraph 104 of the Aliens Law;
and five convictions under Paragraph 105 of the Aliens Law.





EF. Perpetrators

The police have caught both Austrian and foreign traffickers.
Perpetrators who are involved when the police catch women in
licensed brothels tend to be Austrian. Foreign nationals are
mainly involved with secret, unlicensed brothels. Police
think 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.

GF. 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.

The press has reported on a number of high-profile trafficking
cases over the past year.

In December 2005, a Vienna court acquitted former Olympic ice
skating champion Wolfgang Schwartz of trafficking charges.
Schwartz had previously received a 1.5 year sentence for
trafficking in 2002. In the 2005 case, the court was not able
to verify charges that Schwarz had trafficked two Lithuanian

women to Austria.

In a follow-up to the 2004 trafficking conviction of two men
who ran a call-girl business, police authorities launched
investigations against several prominent clients of that ring
in 2005, since some of the girls had been under age (sex with
minor prostitutes is punishable if the client knows that the
girl is under age). Clients reportedly included high-ranking
businessmen and lawyers.


HG. Training

The police academy offers police cadets a one-day course on
dealing with trafficking. LEFOE conducts seminars on
trafficking for law enforcement officials. In February 2006,
the Austrian Academy for the Training of Law Officials, in
conjunction with the International Center for Migration Policy
Development (ICMPD),organized a training seminar focused on
trafficking. Screening and identification of victims was a
major topic. Participants came from Austria, Bulgaria, the
Czech Republic, Estonia, Hungary, Italy, Luxembourg, Denmark,
Slovenia, and the Netherlands. NGOs also participated and the
seminar stressed the need for cooperation with NGOs.

WEST INFO, an offshoot of the EU-funded program WEST (Woman
East Smuggling Trafficking),produced improved materials for
police training, including CD-Roms and videos. WEST INFO
hopes that these materials will help the police not only to
improve victim identification skills, but also to have a
better understanding of the victims and their situations.
WEST INFO is also preparing curricula for students pursuing
social work degrees at the tertiary level.

IH. 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.

JI. 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 or by a more
severe penalty."

KJ. Government Involvement in Trafficking

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


L. N/A


M. CHILD SEX TOURISM

Under the law, any citizen engaging in the sexual abuse of a
child in a foreign country is punishable under Austrian law,
even if the actions are not punishable in the country where
the abuse was committed.

LN. International Instruments

On December 4, 2001, the Austrian Government ratified ILO
Convention 182, the Sale of Children Protocol which
supplements the Rights of the Child Convention. Austria had
signed the Sale of Children Protocol on September 6, 2000. On
June 7, 1960, the Austrian Government ratified ILO Convention

29. On March 5, 1958, the Austrian Government ratified ILO

Convention 105. 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 Protocol is currently
before Parliament for ratified the Protocol in June 2005.
cation, which Justice Ministry officials estimate will happen
this spring. The GOA is currently preparing ratification of
the May 2005 Council of Europe Convention against Trafficking.


IV. PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. Immigration 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 for integration in Austria.

The "Intervention Center for Victims of Trafficking" (IBF),
run by the NGO LEFOE, provided counseling to 151 victims of
trafficking. The IBF provided shelter to 37 victims, who came
primarily from Romania and Bulgaria. LEFOE's key concerns
remain easier access to the labor market for trafficking
victims, and health insurance coverage. LEFOE reports that
one third of victims to whom they provided counseling were
forced into work, while two thirds were forced into
prostitution.

The Vienna Center for Unassisted Minor Aliens offers illegal
minors legal, medical, and social assistance.


B. Funding for NGOs

The primary NGO dealing with trafficking in persons in Austria
is LEFOE. In a change from last year, LEFOE now has a five-
year mandate from the government for its activities. The GOA
must still approve its annual budgets. This new situation
provides more stability to the organization and the services
it provides. 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.


C. Transfer of Victims

After police identify a victim of trafficking, they contact
LEFOE and arrange for the victim to stay with them 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 victims whom police identify as victims of
trafficking full rights. 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 who
do not identify themselves as trafficked victims (or whom the
police cannot identify as trafficked victims) are often
deported. In cases where NGOs, police and the courts are
aware of instances of trafficking, they can utilize provisions
in the immigration law to allow victims to remain in Austria
in order to testify against traffickers. 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 describes residence permits for humanitarian reasons
in general and does not specifically refer to victims of
trafficking.



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. LEFOE provides legal
assistance for victims.

LEFOE reported a successful intervention on behalf of a
trafficking victim in 2005. A criminal court had awarded the
victim Euro 1,000 in compensation. The LEFOE attorney
intervened on behalf of the victim to achieve enforcement of
the decision. Such enforcement is rare as perpetrators often
manage to escape paying damage.


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.
The 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 23-H)


H. Government Assistance

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

LEFOE, which the Government funds, provides secure housing for
trafficking victims. (Please see paragraph below for more
details.) The City of Vienna also operates a shelter for
minors who are illegal aliens called the Vienna Center for
Unassisted Minor Aliens.


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's definition of
trafficking is broader than the legal definition under
Austrian law, and includes trafficking for forced marriage.
LEFOE published a brochure for victims, providing information
on their rights and on resources available to them.

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. LEFOE
assists victims in returning to their country of origin,
including liaising with counseling centers in these countries
to ensure that victims continue to receive services upon
return. LEFOE workers pay regular visits to prisons to offer
counseling and assistance to victims of trafficking.

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 generally good relations with authorities.
However, NGOs continue to press for better enforcement of
existing legal provisions and further training of officials in
order to increase awareness and sensitivity of the problem of
trafficking.

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 Report is
Economic-Political Officer Christine Dal Bello, Tel +43 (1)
31339-2398, Fax +43 (1) 31339-2916.