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UNCLAS SECTION 01 OF 08 VIENNA 000176 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR G/TIP (DONNELLY), G (LAURA PENA), AND EUR/PGI 
(BUCKNEBERG), USAID 
 
E.O. 12958: N/A 
TAGS: KTIP PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB KMCA
AU 
SUBJECT: AUSTRIA: TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT 
 
REF: STATE 2094 
 
¶1. (U) Below please find Embassy Vienna's submission for the tenth 
annual TIP report.  Responses are keyed to reftel. 
 
BEGIN TEXT: 
 
¶25. (SBU) THE COUNTRY'S TIP SITUATION 
------------------------------------- 
 
¶A. The available information on trafficking in persons comes from a 
wide range of sources, including the government's official report on 
trafficking, official law enforcement and judicial statistics, 
reports compiled by NGOs, media reports, and interviews with NGO 
experts on trafficking.  Post considers this data to be reasonably 
reliable and accurate.  Austria conducted a pilot project with the 
International Organization for Migration (IOM) to improve the 
collection of trafficking data in the EU, which the EU will 
implement contingent on funding. 
 
¶B. Austria as a Country of Transit and Destination 
 
Government and non-governmental organizations (NGOs) confirm that 
Austria is both a transit and destination country for trafficked 
persons.  Police say it is unclear exactly how many victims there 
are in Austria, as many are never identified or do not identify 
themselves as trafficking victims.  Many remain hidden from law 
enforcement authorities.  Most victims are trafficked into 
prostitution, although there are also reports of cases of labor 
exploitation.  Most victims were women and some children, though 
authorities reported one trafficked male for sexual exploitation. 
 
Police estimate that the final destinations for many of these 
victims are other EU countries, especially Italy, France, and Spain. 
 Austria is also a country of destination for traffickers and 
victims.  Until the late 1980s, most trafficked women came from 
Latin America and Asia.  Since the early 1990s, a majority of 
victims have originated from Eastern Europe.  Officials believe that 
trafficked persons come from Romania, Bulgaria, and Hungary, as well 
as the countries of the former Soviet Union, including Russia, 
Belarus, Moldova and Ukraine.  A number of African trafficking 
victims come from Nigeria, as well as from Asian countries. 
 
Vienna is the largest urban center and has the majority of the 
trafficking cases.  Trafficking is also a problem in other urban 
centers, such as Graz, Linz, Salzburg, and Innsbruck. Police believe 
trafficking is a problem throughout the country, because of the 
flexibilty of the trafficking network and the demand for "nw" 
prostitutes. 
 
Authorities expressed concernabout the trafficking of women for 
domestic forcd labor in diplomatic households, though it is 
rpotedly a low number.  They believed these traffiked laborers to 
be from Asian or African countrie.  There were also reports of 
trafficked laborer working in restaurants. 
 
Vienna cooperated withauthorities in Romania and Bulgaria in 
setting up crisis centers in these countries for trafficked 
children.  In 2009, the Crisis Center for Unaccompanied Minors 
assisted 121 children, compared to 88 in 2008, 72 in 2007, 319 in 
2006 and 700 in 2005. 
 
¶C. Victims are primarily trafficked into forced prostitution. There 
were also reports of cases of labor exploitation as housemaids or au 
pairs.  Trafficked prostitutes work in brothels, private homes, 
and/or on the street. 
 
¶D. Women from Eastern Europe and some African and Asian countries 
 
VIENNA 00000176  002 OF 008 
 
 
are more at risk of being trafficked.  There is some trafficking of 
Roma/Sinti and Romanian and Bulgarian boys and girls for child 
begging.  Authorities have identified unaccompanied minors as a 
potential source of forced labor victims.  These minors often come 
from Romania, Bulgaria, Afghanistan, Moldova, and Georgia. 
 
¶E. The traffickers are to some extent international organized crime 
groups, but smaller groups or Austrian individuals appear to 
predominate.  Often more than one trafficker will handle a 
trafficked person, handing her/him off to one intermediary after 
another until the victim reaches the final destination.  Formerly 
trafficked women sometimes control the victims once they reach 
Austria.  Wide income disparities between Austria and Eastern Europe 
ensure a steady supply of trafficked prostitutes.  Traffickers often 
attract women by offering lucrative positions, for example as an au 
pair, cleaner, waitress, and/or dancer.   Children from Romania and 
Bulgaria tend to be sold by their own families, or sometimes 
"loaned" for a time period. 
 
Traffickers moved victims into Austria, which has no land border 
controls, as all its neighbors belong to the Schengen area. 
Traffickers used fraudulent documents or sometimes posed as a 
relative of the trafficking victim and used the legitimate documents 
of another person.  Often the traffickers subject these women to 
abuse and require them to repay the traffickers through forced 
prostitution.  One NGO source reports that traffickers use voodoo, 
trickery, and coercion by close and distant family members to entice 
women from Nigeria.  Traffickers will force these women to repay a 
debt of 15,000-80,000 Euros through prostitution. 
 
¶26. (U) Setting the Scene for the 
Government's Anti-Tip Efforts: 
--------------------------------- 
 
¶A. The government acknowledges that trafficking is a problem in 
Austria. 
 
¶B. The Task Force on Trafficking, which includes the ministries of 
Foreign Affairs, Justice, Interior, Women's Affairs, Social Affairs, 
and Economics, has the lead on trafficking issues.  A senior Foreign 
Ministry official heads the task force. 
 
¶C.  Victims are often afraid to testify against the traffickers, 
thus limiting the government's ability to prosecute.  Corruption and 
lack of resources have not been reported to be a problem. 
 
¶D. The government has a National Action Plan, and it publishes a 
report on combating human trafficking which is available on the 
Foreign Ministry's website.  The government's Second National Action 
plan covers the period 2009-2011 and was adopted on May 26, 2009. 
 
¶E. The government works with embassies and directly with foreign 
governments to identify victims.  The Ministry of Foreign Affairs 
reports improved cooperation with the Nigerian Embassy.  The city of 
Vienna worked with the governments of Romania and Bulgaria to 
identify victims involved in child begging.  Since many of these 
children had no identity documents, city officials traveled to 
Romania and Bulgaria to find the families of the children. 
 
¶F. The Ministries of Interior and Justice collect trafficking and 
prosecution statistics which are considered credible, but a lack of 
consistency across the EU remains a problem.  The Ministry of 
Interior participated in a model EU program to collect harmonized 
trafficking data. 
 
¶27. (U) Investigation and Prosecution of Traffickers 
--------------------------------------------- ------- 
 
 
VIENNA 00000176  003 OF 008 
 
 
¶A. Existing Laws against TIP: 
 
Article 217 of the Austrian Criminal Code, amended in January 1999, 
and Article 104a of the Criminal Code, which went into effect on 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 deception regarding the 
purpose of 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. 
 
Article 114 of the Aliens Police Act of 2005 contains criminal-law 
provisions on alien smuggling.  Sometimes, 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.  With Article 116, the Aliens Police Act also 
contains a criminal law provision generally prohibiting the 
exploitation of aliens. 
 
Articles 1325-1329 of the Austrian Civil Code of 1811 provide the 
basis for civil law compensation of victims due to physical injury, 
abuse, forced sexual intercourse and deprivation of personal 
liberty. 
 
Article 20(b) of the Criminal Code provides for asset seizure and 
the forfeiture of illegal proceeds. In connection with organized 
crime, all assets are subject to seizure and forfeiture, including 
bank assets, other financial assets, cars, legitimate businesses, 
and real estate. 
 
¶B. Punishment of Sex Trafficking Offenses: 
 
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 114 of the 
Aliens Police Act provides for sentences of up to 10 years for 
persons convicted of alien smuggling. Article 116 of the Aliens 
Police Act provides for sentences of up to three years for persons 
who exploit aliens, and under special circumstances, such as the 
death of the victim, of up to 10 years. 
 
¶C. Punishment of Labor Trafficking Offenses: 
 
As indicated in para A., Article 104a of the Criminal Code also 
applies for trafficking for the purpose of labor exploitation, and 
prescribes sentences of up to 10 years. 
 
¶D. 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. 
 
¶E. Law Enforcement Statistics: 
 
The Foreign, Interior and Justice ministries have made available 
detailed statistics, listing 196 proceedings under Article 217 
(cross-border trafficking for the purpose of prostitution) and 23 
proceedings under Article 104a of the Criminal Code (trafficking) in 
 
VIENNA 00000176  004 OF 008 
 
 
¶2008.  Many of these proceedings are still ongoing.  Also according 
to these statistics, there were 61 convictions of traffickers under 
Article 217 (cross-border trafficking for the purpose of 
prostitution) in 2008.  Under 104a of the Criminal Code 
(trafficking), there were 6 convictions. 
 
The Justice Ministry provided a breakdown of sentences in 2008 for 
which trafficking was the leading cause.  The courts handed out 18 
sentences on charges of trafficking according to Article 217 of the 
Criminal Code.  There were no convictions based on Article 104a of 
the Criminal Code 
 
Out of the 18 sentences according to Article 217 of the Criminal 
Code, there were three non-suspended sentences, and four completely 
suspended sentences.  Nine were partially suspended prison 
sentences. Two sentences combined a fine with a suspended prison 
sentence 
 
The three non-suspended prison sentences were between one and three 
years. 
 
Out of the four completely suspended prison sentences, one was for 
3-6 months, two were for 6-12 months, and one was for over 12 
months.  The nine partially suspended prison sentences were for six 
months to three years. The non-suspended part was between one to 
twelve months. 
 
The two sentences for fines combined with a suspended prison 
sentence included suspended prison sentences for six months to two 
years. 
 
¶F. Training 
 
The government funds training for law enforcement and judicial 
personnel to identify trafficking victims and to sensitize officials 
on the issue of trafficking. The NGO Lefoe/IBF provides the 
training. 
 
¶G. Cooperation with Other Governments 
 
The government, at both the national and local levels, cooperates 
with authorities from other countries to investigate and prosecute 
trafficking cases. Cooperation with East European governments has 
been especially useful in prosecuting trafficking rings.  Intensive 
cooperation with Austria's neighboring countries as well as Poland, 
Belarus, Romania and Ukraine has been successful in disclosing 
several cases.  Police authorities point to the EU's action plan 
against trafficking, in effect since December 2, 2005, as a key 
instrument to coordinate efforts. 
 
¶H. 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." 
 
¶I. There is no evidence of government involvement in or tolerance of 
trafficking. 
 
¶J.  N/A 
 
¶K. There were no reported cases of trafficking involvement of 
Austrians in peacekeeping operations 
 
¶L. Under Austrian law, any citizen engaging in the sexual abuse of a 
 
VIENNA 00000176  005 OF 008 
 
 
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.  There were no reported cases of foreign pedophiles 
prosecuted, deported, or extradited by Austria during the reporting 
period.  There were no reported cases of nationals prosecuted and/or 
convicted for traveling to other countries to engage in child sex 
tourism during the reporting period. 
 
¶28. (U) PROTECTION AND ASSISTANCE TO VICTIMS: 
--------------------------------------------- 
 
¶A. The government provides temporary resident status for trafficking 
victims and subsidizes the NGO LEFOE/IBF which provides assistance 
and shelter to victims.  A witness protection program allows the 
victim to retain anonymity in testifying.  As of April 2009, the 
Residence and Settlement Act listed victims of trafficking as a 
special category with a right for temporary resident status. 
 
¶B. Victim Care Facilities 
 
The primary NGO dealing with trafficking in persons in country is 
LEFOE/IBF. Although the group's initial focus was on counseling and 
educating immigrant women from Latin America, it has since expanded 
to help female victims of trafficking from all nations. 
 
LEFOE/IBF provides psychological, legal, and health-related 
counseling and assistance, emergency housing, and German language 
courses.  LEFOE/IBF workers also assist victims preparing for court 
proceedings against traffickers, and can accompany victims to court. 
 LEFOE/IBF assists victims in returning to their country of origin, 
including by liaising with counseling centers in these countries to 
ensure that victims receive services upon return.  LEFOE/IBF works 
on a five-year contract with the Ministry of Interior; its budget in 
2008 was $572,400. 
 
Outside of Vienna, the Independent Integration Center for Immigrants 
in Linz provides counseling for trafficked women. 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. 
 
NGOs report generally good relations with authorities.  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. 
 
The Vienna Center for Unassisted Minor Aliens offers unaccompanied 
illegal minors legal, medical, and social assistance, and employs 
interpreters who help communicate with foreign minors. 
 
¶C. The government provides trafficking victims with access to 
medical services.  LEFOE/IBF provides legal and psychological 
assistance. 
 
¶D. Article 69a of the Residence and Settlement Act provides the 
right of temporary residence status for victims of human 
trafficking. 
 
¶E. Victims may remain if they meet certain criteria such as the 
willingness and ability to integrate in Austria. 
 
¶F. Law enforcement authorities refer victims to partner NGOs, which 
provide care to victims. 
 
¶G. In the 46 cases filed under Article 217 of the Criminal Code in 
2008 for which trafficking was the main offense, of the 32 victims 
31 were female and one was male.  In the four cases filed under 
 
VIENNA 00000176  006 OF 008 
 
 
Article 104a of the Criminal Code in 2008 for which trafficking was 
the main offense, of the four victims two were male and two female. 
In 2009, LEFOE/IBF provided counseling to 182 victims of 
trafficking.  The largest groups were Bulgarians (29 victims 
counseled), Nigerians (28), Romanians (23), and Hungarians (19). 
Other groups included other Europeans (25), other EU countries (21), 
Asia (23), and other Africa (9).  LEFOE/IBF provided shelter to 59 
victims. 
 
¶H. The government's law enforcement, immigration and social services 
personnel proactively attempt to identify victims of trafficking. 
In addition to the police, NGOs and friends/acquaintances play a 
significant role in identification.  The NGO Exit has been 
particularly effective in identifying Nigerian trafficking victims 
and convincing them to report.  NGOs report good cooperation and 
police identification is generally effective.  Law enforcement 
personnel regularly screen red light districts and interview 
prostitutes to find trafficking victims.  Monitoring of websites 
used by prostitution clients has been effective in identifying some 
victims.  Prostitutes are required to register and undergo weekly 
health checks with government authorities. 
 
¶I. Trafficking victims are referred to NGOs offering assistance and 
shelter.  Victims are not prosecuted for violating laws governing 
immigration and prostitution, and are granted a 30-day reflection 
period without requirement to cooperate. 
 
¶J. The government encourages victims to assist in the investigation 
and prosecution of trafficking, but does not connect cooperation 
with any residency claim.  Victims may file civil suits for 
compensation or seek legal action against traffickers.  So far the 
sums awarded have been small, less than $500, but there is a test 
case out for a significantly higher sum.  Victims who are material 
witnesses in court cases may obtain employment and are permitted to 
leave the country. 
 
¶K. The government provides special training for government officials 
in identifying trafficking victims, including addressing the needs 
of trafficked children.  LEFOE/IBF worked with government inspectors 
in the sex industry to improve their ability to spot trafficking 
victims.  Embassies and consulates in source countries attempt to 
inform visa applicants on the potential dangers of trafficking. 
 
¶L. N/A (Not a source country) 
 
¶M. IOM works with the government on the voluntary repatriation of 
trafficking victims. 
 
¶29. (U) PREVENTION: 
------------------- 
 
¶A. The government organized and/or supported numerous public 
awareness events and programs.  Austria hosted several international 
conferences dealing with the subject of trafficking.  For EU 
Anti-Trafficking Day in October 2009, the Foreign Ministry organized 
an international conference which included three federal ministers 
as well as officials from international organizations.  The 
government also subsidized several TV programs dealing with the 
issue of trafficking, and funds campaigns to inform prostitutes and 
clients of the rights of prostitutes under the law. 
 
To address reported domestic labor trafficking, the government 
changed its regulations to require all foreign domestic laborers to 
appear in person and receive information on labor trafficking, 
including contact numbers, should they wish to seek help in the 
future.  The Task Force on Trafficking hosted an event at the UN and 
requested all embassies to send a representative to the announcement 
of the regulation change. 
 
VIENNA 00000176  007 OF 008 
 
 
 
¶B. The government monitors immigration patterns for evidence of 
trafficking. 
 
¶C. The Task Force on Trafficking takes the lead on trafficking 
issues and is currently headed by a senior Foreign Ministry 
official, who is the national anti-trafficking coordinator. 
 
¶D. The government has a three-year national action plan on 
trafficking, developed by the agencies serving on the Trafficking 
Task Force.  NGOs are also represented in the task force and were 
consulted in the development of the Action Plan. 
 
¶E. In demand reduction, the government employed measures, including 
public information and vigorous enforcement, centered on encouraging 
use of legal and regulated prostitution.  The government subsidized 
and distributed a brochure by LEFOE/IBF, informing prostitutes of 
their rights and raising public awareness.  The government also 
published a brochure on child trafficking in Austria, describing the 
situation of victims and providing advice for assisting victims. 
 
¶F. The government continued its campaign encouraging tourists and 
travel agencies to report cases of child sex tourism. 
 
¶G. The government funds courses conducted by LEFOE/IBF required for 
all members of peacekeeping missions, to sensitize them to the issue 
of human trafficking. 
 
¶30. (U) PARTNERSHIPS: 
 
¶A. The government engages with other governments and multilateral 
organizations to focus attention and devote resources to addressing 
human trafficking.  Law enforcement agencies work in close 
cooperation with their counterparts in neighboring countries and 
throughout Europe.  The government also partners with IOM and UN 
organizations in international efforts to combat trafficking.  The 
UN anti-trafficking organization UN.GIFT is located in Vienna. 
 
¶B. The government provides international assistance to other 
countries within the programs of the Austrian Development Assistance 
(ADA) agency to combat trafficking. 
 
The government focuses on cooperation in Southeast Europe.  In the 
past the government funded projects in Albania, Bosnia and 
Herzegovina, Montenegro, and Moldova focused on victim prevention. 
A project in Serbia on improving government capacity is currently 
ongoing.  In support of increasing interregional police cooperation 
and capacity, in January the Ministry of Interior co-sponsored a 
conference with the U.S. Department of Homeland Security ICE that 
included police personnel from most countries in Southeast Europe. 
 
Post has no nominations for TIP Heroes. 
 
"Commendable Initiatives" 
 
The city of Vienna achieved a sharp decline in trafficking for 
purposes of child begging by cooperating with Romanian and Bulgarian 
authorities.  Traffickers brought children, most of whom spoke no 
German and had no dentification documents to indicate their place 
of origin, from poor rural families.  Vienna child welfare services 
worked with local governments and community leaders in these 
countries to identify the children's families, and to arrange for 
repatriation.  As a result, the city saw a sharp drop in child 
begging in 2005-06.  After a small rise this year, Vienna hosted two 
Romanian policemen to help in identification and translation. 
 
Post point of contact for the TIP Report is Economic-Political 
Officer Jeremy Chen, Tel +43(1)31339-2398, Fax +43(1)31339-2916. 
 
VIENNA 00000176  008 OF 008 
 
 
 
Time spent on Trafficking in Persons Report for Austria 
 
Economics/Political Counselor FS-01: 1 hour 
Political Unit Chief FS-02: 1 hour 
Economics/Political Officer FS-04: 25 hours 
Political Specialist FSN-11: 25 hours