article 188 of the Criminal Code would be interpreted in the light of that
freedom. On the question of elucidation of the situation of persons having
authority over others, the representative explained that children up to age 14
were, as far as religion was concerned, under the authority of their parents.
Freedom of assembly and association
116. With reference to that issue, members wished to know whether any meetings
had been broken up by the authorities during the period under review; which
formations had been prohibited and which associations had been dissolved; why
open-air meetings were not allowed; and why aliens were not allowed to
promote, organize or preside over any meetings for the discussion of public
affairs.
117. In his reply, the representative noted that freedom of assembly was
guaranteed in Austria in accordance with article 21 of the Covenant although
24 hours' notice had to be given to the authorities. Recent cases of meetings
being broken up concerned the National Socialist Party which, under
constitutional law, was forbidden to meet in Austria. Freedom to form
associations was guaranteed and recent bannings related to the creation of
neo-Nazi groups and other unconstitutional formations. Restrictions on
foreigners with regard to the holding of meetings applied only to the case of
interference in public affairs and were consistent with article 16 of the
European Convention on Human Rights.
Rights of persons belonging to minorities
118. Concerning that issue, members of the Committee wished to be informed of
factors and difficulties relating to the implementation and enjoyment of
rights under article 27 of the Covenant; the composition, functions and
activities of the Ethnic Group Advisory Councils; and the percentage of
persons belonging to minorities who held public office.
119. In his reply, the representative said that Austria had not experienced
difficulties in that regard since the provisions of the State Treaty of 1955
went well beyond those of article 27. As 90 per cent of Austria's citizens
were Roman Catholic, religious minorities formed only a small proportion of
the population and encountered no restrictions in the profession and practice
of their own religion. The Government had completed a report on ethnic
minorities and would make it available in English in due course. The Ethnic
Group Advisory Councils advised the Federal Government and its ministers in
matters concerning ethnic groups and sought to safeguard and represent the
overall cultural, social and economic interests of the minorities. They were
involved in the drafting of any relevant legal instruments and were empowered
to make proposals for improvement. The Advisory Councils had the same
position, functions and competence with regard to the governments of the
Lander. There were four ethnic groups living in Austria - Slovenians,
Croatians, Hungarians and Czechs. Financial subsidies were being granted to
ethnic minorities and the amount of such subsidies had been increasing. It
had not been possible to determine the percentage of persons belonging to
minorities in public office as they were hard to identify. Only those who
claimed affiliation with a given ethnic group were considered as belonging to
that minority group and they were small in number.
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