US embassy cable - 05VIENNA602

UNCLAS SECTION 01 OF 09 VIENNA 000602 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI, EUR/AGS, 
DEPT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, AU 
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