Despite challenges, progress in Austria as CSOs work closer together

Introduction

According to the “Global State of Democracy” 2023 report by the International Institute for Democracy and Electoral Assistance (IDEA), Austria has fallen eight places since 2022 to 36th place. This is due to challenges in the area of the rule of law, such as the independence of the judiciary and the degree of freedom from political violence, as well as a decline in freedom of expression and assembly and media freedom.

In this context, Austria is emblematic of a global decline in democracy and civil liberties. The report shows that almost half of the countries worldwide have regressed in these important areas.

Despite this decline, there have also been positive changes recorded this year. Civil society organisations have cooperated and communicated closer with each other and with the government.

Furthermore, while overall satisfaction levels with the political system in Austria remain relatively low, there has been notable progress.

According to a survey conducted by the Österreichische Demokratie Monitor (Austrian Democracy Monitor) in their 2023 report, an increasing number of individuals (39 percent) express satisfaction with the political system in Austria and perceive it as functioning effectively. This represents an increase of 5 percentage points compared to 2022 (34 percent). Satisfaction and trust in the system were primarily influenced by the individual's economic situation. The level of satisfaction has improved in the middle and upper socio-economic strata, while it continues to decline among people in the lower third. Currently, 52 percent of people in the top third and 41 percent in the middle third believe in the effectiveness of the political system, compared to only 24 percent in the bottom third.

Although the 2023 results reflect improvement compared to the 2022 survey, they still fall significantly below historical levels. In 2018, nearly two-thirds (64 percent) of respondents perceived the political system as functioning effectively.

Freedom of association

In general, there were notable positive developments for civil society in Austria in 2023. They referred to closer cooperation with other civil society organisations, with the government and to new laws passed in favour of civil society.

New umbrella organisation unites Austrian civil society

In January, 13 associations representing over 3,000 organisations in Austria joined forces to form an umbrella organisation, Bündnis für Gemeinnützigkeit (Alliance for Non-Profits). This new alliance comprises a broad spectrum of members, from small local associations to large organisations such as the Austrian branches of the Red Cross, Caritas, Amnesty International, WWF and Transparency International. It encompasses all facets of civil society, including humanitarian aid, environmental protection, human rights, culture, integration and social issues.

The primary aim of this initiative is to unite all non-profit organisations (NPOs) so that they can work together to advocate for a more enabling environment. Its goals and demands include:

• Extending energy cost subsidies to all non-profit organisations facing financial challenges that threaten their existence due to inflation and the energy crisis.
• Extending the tax deductibility of donations to all areas of NPOs.
• Modernisation and simplification of outdated NPO laws.
• Strengthening and promoting voluntary work.
• Implementation of the Freedom of Information Act so that NPOs can fulfil their watchdog role.

NPOs meet with the Austrian government to discuss legal reforms

In May, Austrian Chancellor Nehammer, Vice-Chancellor Werner Kogler (Greens), Social Affairs Minister Johannes Rauch (Greens), along with State Secretaries Claudia Plakolm (ÖVP) and Andrea Mayer (Greens), convened a summit on volunteering and non-profit work. They invited a wide array of NPO representatives to discuss pertinent developments and laws concerning civil society.

Following the summit, the government presented a comprehensive package to reform the Volunteering Act. The aim is to improve the framework for the voluntary sector in order to better support voluntary organisations and volunteers. As part of the reform, people who complete a voluntary social year – a government-funded programme for young people to engage in between six and 18 months of voluntary service for various social causes – will receive an increased allowance of EUR 500 per month, up from EUR 270 previously.

The reform also aims to establish a nationwide advice and service centre for volunteers in order to promote stronger networking and the exchange of information. Rescue services and civil defence associations are to receive additional funding.

In addition, the government has introduced a new state prize to recognise voluntary work, which was awarded to 26 winners for the first time in December 2023.

In June, the government provided 140 million euros in energy cost subsidies for non-profit organisations and religious institutions to alleviate the burden of high energy costs.

In October 2023, the Council of Ministers adopted a comprehensive reform package for non-profit organisations to address various problems in the sector. The package aims to improve financial stability and encourage volunteering, and foresees a significant expansion of the range of eligible purposes for tax-deductible donations.

Key components of the package include:

• Extension of tax deductibility to all charitable purposes, including sport, art and culture, education, animal welfare, youth development and monument protection.
• Shortening the waiting period for tax-deductible donations to twelve months.
• Streamlining procedures for small non-profit organisations to obtain “tax deduction status” and simplifying administrative procedures to maintain this status.

Civil society fears revised framework for non-profit organisations

Despite the positive developments and amendments in favour of civil society, some provisions of the proposed reforms have raised concerns among organisations and activists.

On November 24th, 2023, the government submitted the proposal for the Non-Profit Reform Act 2023 to the National Council, the lower house of the Austrian Parliament. According to the Finance Ministry, the Act aims to expand the range of purposes for which donations can qualify for tax deductions, covering areas such as sports, education, art, and culture. Additionally, the Ministry has announced measures for “procedural simplifications” and “enhanced protection” against misuse in donation allocation.

However, civil society groups, including Greenpeace Austria, have voiced concerns about the proposed amendments.

Under the law, non-profit organisations could lose the tax deductibility of donations if administrative penalties are imposed on them. This tax benefit is particularly important for organisations that rely primarily on private donations, and civil society groups have warned that this “backdoor" could allow the government to punish inconvenient organisations by threatening their financial viability.

Namely, they warn that civil society organisations can receive administrative penalties for various protest-related activities, such as registering rallies late or displaying banners on public buildings. Furthermore, the decision to withdraw tax exemption from an organisation would be taken by tax officials outside of a judicial process. For Greenpeace, this represents a “significant, unconstitutional attack” on basic democratic rights, including the right to protest and civil society activism. They stress that the removal of the deductibility of donations would be the “death knell” for many organisations and restrict their democratic freedoms.

Several civil society organisations, as well as the former President of the Supreme Court Irmgard Griss and the Social Democratic Party of Austria (SPÖ), joined Greenpeace in criticising the law. The Alliance for Non-Profits had warned of “disproportionate legal consequences for NGOs” stemming from the law, even if it was understandable that law-breaking corporations should not be able to receive unrestricted donations. The Fundraising Association Austria made the same statement. On 5th December, Greenpeace, Volkshilfe, VGT, Attac and others protested in front of parliament to “defend themselves” against the law, which they see as a “Turquoise-Green attack on basic democratic rights”, referring to the ruling conservative-greens coalition.

Despite this criticism, the National Council passed the law in plenary on 14th December 2023.

Freedom of assembly

Climate protests have become frequent across Austria, spanning various regions. While most have been peaceful, some activists faced detention and prosecution.

In March, law enforcement authorities arrested 143 people during a demonstration in Vienna against the European Gas Conference, which took place in the city that year. Police used pepper spray to disperse protesters, and two officers were injured as demonstrators attempted to breach a police cordon surrounding a road blockade. Activists from the Block Gas Coalition and other climate groups such as Fridays for Future, Greenpeace Austria and Attac spoke out against the profits from the use of fossil fuels and called for a rapid switch to green energy. In addition, around 300 activists blocked the roads around one of the gas refineries of OMV, the private Austrian oil company that sponsored the event.

Members of the climate group Last Generation (Letzte Generation)’s Austrian chapter have faced arrests, legal proceedings and occasional violence by motorists during roadblocks.

• Anja Windl, a German activist who participates in the group’s trademark "sticking" climate protests by glueing herself to roads to block traffic, faces potential deportation from Austria due to her association with Letzte Generation. The Federal Office for Asylum and Immigration in Austria has asserted that Windl poses a threat to public safety, with a decision pending.
• In May, Letzte Generation activists continued their campaign of roadblock protests in Vienna, advocating for lower speed limits and other measures to reduce fossil fuel consumption. Throughout 2023, they frequently obstructed major roads and airport runways.
• In October, Letzte Generation activists defaced the country house in St. Pölten, where a Lowe Austrian state parliament session was scheduled, by spray painting it and dyeing the fountain green. This resulted in the temporary arrest of one activist and minor injuries to a police officer.
• Come November, 57 Letzte Generation activists were arrested following another round of strategic roadblocks on motorways around Vienna. This protest in particular drew intense criticism from the country’s political leadership, with Chancellor Karl Nehammer posting to social media that he has “no sympathy for blocking motorways by climate activists,” adding that they “poison the societal climate.”

Several political parties have been advocating for legal amendments that would impose harsher penalties on people who take part in roadblocks. In August, the Christian-democratic Austrian People’s Party (ÖVP) proposed tougher regulations for public gatherings and road traffic and recommended that people who obstruct emergency vehicles and “endanger human life” could be punished with up to three months in prison. In addition, organisers of gatherings who do not ensure the passage of such vehicles could be subject to an administrative fine of up to EUR 720. In September, the state parliament of Lower Austria passed a motion aiming to introduce punishments of six months to a year (in case of repeat offences) with the votes of the ÖVP and far-right Freedom Party of Austria (FPÖ) representatives.

Protests in solidarity with Palestinians

In late 2023, people across Europe began protesting to show their solidarity with the Palestinian people in the face of the ongoing devastating humanitarian crisis in Gaza caused by Israel’s bombardment in response to Hamas’ attack on Israel on 7th October.

Several peaceful protests were recorded in Austria:

• On 14th October, around 300 protesters gathered in Vienna. On 15th and 16th October, further protests were organised in the city by the organisation “Palestine Solidarity Austria”.
• On October 17th, a protest was organised by Palestine Solidarity Austria in Innsbruck, in the Tyrolean region. Even though leaders of the SPÖ (Social Democratic Party) and FPÖ (Freedom Party of Austria) parties of the Tyrol region had called for a ban on these protests, the head of public relations for the Tyrolean police, Manfred Dummer, stated that "a demonstration can only be prohibited in absolutely exceptional cases”.
• On 17th October, a demonstration organised by Palestine Solidarity Austria took place in Innsbruck, in the Tyrolean region. Although the leaders of the Tyrolean chapters of the SPÖ (Social Democratic Party) and FPÖ had called for a ban on these protests, the head of public relations of the Tyrolean police, Manfred Dummer, affirmed that “a demonstration can only be banned in absolutely exceptional cases”.

While several protests in solidarity with Palestine were authorised, the police assessed the protests on a case-by-case basis and decided to ban some.

• On 11th October, the Vienna police banned a pro-Palestinian demonstration for reasons of public safety, as it was to coincide with a pro-Israeli memorial event for the victims of the Hamas attack. The slogan “From the river to the sea” was also hotly debated, as Gerhard Puerstl, the head of the Vienna police, labelled it a “call for violence”.
• On 14th October, a demonstration in Graz was banned. However, the demonstrators defied the ban and 30 people protested peacefully before the police broke it up. However, one activist was arrested on suspicion of “attempting to resist state authority” after verbally insulting a police officer.
• On October 20th, another protest was banned in Graz by the police for “expected threats to public order and security”. Nevertheless, 70 to 80 demonstrators gathered to protest. No incidents were reported.

Freedom of expression

Austria has moved up in the 2023 Reporters Without Borders (RSF) global press freedom rankings, now occupying the 29th position out of 180 countries, an improvement from its previous rank of 31st. However, significant concerns persist regarding restrictions on access to information, political pressure, and incidents of violence or intimidation that continue to hinder press freedom and journalism.

World’s oldest daily newspaper stops printing as government cuts funding

In March 2023, Media Minister Susanne Raab proposed a new draft law titled “on the promotion of quality journalism,” sparking controversy as it is perceived to further weaken pluralism. This legislation would halt government funding for the print edition of the Wiener Zeitung, the world’s oldest daily newspaper, forcing it to transition to publishing exclusively online. The newspaper would suffer a massive loss of revenue, as three quarters of the public funding it receives is spent on its print version, which would threaten the position of around 100 employees, according to the company. This step is justified by the implementation of an EU directive on the use of digital tools, which would remove the obligation to publish public announcements in printed form. Critics have denounced this as a pretext. Journalist associations, including the European Federation of Journalists (EFJ) and the Austrian Press Union (GPA), urged Parliament members to reject the bill, warning that it would undermine media pluralism and access to quality information in Austria.

However, this draft law passed and the final printed edition of the Wiener Zeitung was published on July 1st.

Court rules to change public broadcaster’s funding and governance models

Over recent years, the ORF (Österreichischer Rundfunk - Austrian Broadcasting Corporation) has frequently grappled with funding challenges and faced scandals related to political influence.

In March, Austria's constitutional court deemed the existing ORF funding mechanism unconstitutional. This mechanism required households with TV or radio sets to pay a licence fee but exempted those who streamed content online.

In response to the court ruling, Media Minister Susanne Raab announced her proposal for a new funding system. Under this system, each main residence would be charged an “ORF contribution” of approximately 15 EUR per month, in addition to state taxes, regardless of whether residents own a radio or TV. In June 2023, the Austrian government approved the amendment to the ORF Act, which was passed by the National Council in July 2023. In addition to the updated financing model, the amendment to the ORF Act will also oblige the broadcaster to publish transparency reports and to disclose salaries at the management level, whereby all employees with income amounting to more than 170,000 EUR gross (including that from secondary activities) would have to be explicitly named in the report. While these transparency requirements represented a positive step, critics regretted that no reforms were made to the law in terms of depoliticising the ORF’s governing bodies.

However, only a few months later, the Court ruled for further reform of the broadcaster's framework. In October, it declared the rules for appointing members of the two highest ORF bodies, the Board of Trustees and the Audience Council, unconstitutional. Currently, the government has a majority over civil society institutions in member selection, violating the constitutional principle of plurality in public broadcasting. According to the ruling, this system must be reformed by the end of March 2025.

Restrictions tightened on the use of extremist symbols

On 30th November 2023, amendments to the Prohibition Act were approved by several political parties.

The Prohibition Act (Verbotsgesetz), which was originally introduced in 1947 to curb the spread of Nazi ideology, has now been tightened. In future, people who disseminate or display National Socialist symbols or other imagery banned in Austria will be subject to significantly higher penalties. This also applies to symbols deemed to be associated with the Palestinian nationalist and Islamist movement Hamas, the Turkish far-right paramilitary Grey Wolves and the Kurdistan Workers' Party (PKK).

The far-right FPÖ party rejected the proposal, citing two main points of criticism: the automatic loss of office for civil servants who are convicted under the Act and the easier confiscation of Nazi memorabilia, which under the amendments can be confiscated even if unconnected to any criminal offence.

There are also concerns regarding the categorisation of flags, symbols and chants under the “Hamas” category, particularly in relation to civil society groups and activists taking part in solidarity protests for Palestine. In particular, the slogan “from the river to the sea” has already sparked debate, as explained above.

SLAPP Case against refugee rights organisation dismissed

On 18th July, the Commercial Court of Vienna dismissed a lawsuit against refugee rights organisation SOS Balkanroute, and its chairman Petar Rosandić. The lawsuit was initiated by the International Centre for Migration Policy Development (ICMPD), a think-tank affiliated with the ruling Austrian People’s Party (ÖVP) and headed by Austria’s former vice-chancellor Michael Spindelegger.

The ICMPD claimed that SOS Balkanroute had damaged its reputation through a statement criticising the think tank’s role in the construction of a high-security “deportation centre” at the Lipa temporary reception camp in Bosnia and Herzegovina. SOS Balkanroute had called on civil society to prevent the illegal and secret construction of the centre, which is being built without the appropriate permits. It described the centre as an “Austrian Guantanamo in Bosnia”, drawing a parallel with the infamous US military prison on the Cuban coast. SOS Balkanroute has criticised the Austrian government as one of the main funders of this new facility, and the ICMPD due its involvement in the management of its construction.

In its statement on the detention centre, the organisation also published detailed accounts of refugees who were subjected to ill-treatment during the “scandalously coordinated mass pushbacks” from Croatia to the Lipa camp. In its complaint, the ICMPD argued that its role was limited to the construction of the facility and that it should therefore not be implicated in the criticism surrounding its potential use and Austria’s migration policy. It labelled SOS Balkanroute’s statement as “generally misleading, incomplete and partially untrue” and damaging to its reputation.

Ahead of the hearing, the watchdog organisation Front Line Defenders issued a statement expressing “deep concern” over the proceedings, noting that the lawsuit has the characteristics of a Strategic Lawsuit against Public Participation (SLAPP) aimed at preventing human rights and journalistic work on matters of public interest, and threatening a chilling effect on civil society as a whole.

However, the Court dismissed the claim on the grounds that the statements made by the refugee rights organisation and Rosandić fall within the scope of freedom of expression, which is protected by Article 10 of the European Convention on Human Rights.

The outcome was seen as a victory for the freedom of expression and association.

This occurred in a context where Amnesty International and other organisations shared concerns about increasing SLAPP cases against journalists and NGOs in Austria, which threaten freedom of expression, freedom of the press and civil society participation.

LGBTQI+ rights

In ILGA-Europe’s 2023 Annual Report, which monitors the trends and achievements of European and Central Asian countries related to the human rights situation of LGBTQI+ persons, Austria ranked 19th out of 49 countries.

The report highlighted Austria's progress. The Equal Treatment Committee of the Austrian Parliament has intensified efforts to combat discrimination and enhance protections for LGBTQI+ individuals and youth. Notably, discriminatory restrictions on LGBTQI+ blood donations were abolished in May. Additionally, Justice Minister Alma Zadic reaffirmed her support for marriage equality. The Constitutional Court's rulings allowing foreign same-sex couples to adopt and recognising discriminatory legislation affecting parenthood recognition for lesbian couples are another step in the right direction.

However, the report also noted lingering concerns. Bias-motivated speech and violence, particularly online hate speech following Pride month in June, remain prevalent, with over 200 incidents reported in the first three months of the year, including bodily harm and property damage. Furthermore, the process of banning conversion therapy is still not complete, despite the National Council's calls for legislative reform, as the coalition partners within the conservative-green government are at odds over whether the ban should also be extended to forced treatment of transgender people.

ILGA proposed the following recommendations to enhance Austria's legal and policy landscape for LGBT+ people:

• Reforming the legal framework for gender recognition based on self-determination, without requiring a medical diagnosis.
• Inclusive legislation prohibiting discrimination in goods and services, encompassing all SOGIESC (sexual orientation, gender identity, gender expression, sex characteristics) grounds in all regions.
• Implementing a prohibition on non-medically necessary medical interventions on intersex minors, and postponing such interventions to allow for informed consent before any procedures.