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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.