E/CN.4/1995/78
page 17
79.
The Racial Hatred Bill does not prohibit actions or words committed in
good faith in the course of any statement, publication, discussion or debate
for an academic, artistic or scientific purpose or any other purpose in the
public interest.
C.
1.
Austria
Legal measures
80.
Austrian legislation includes, in particular, laws designed to ban Nazi
and neo-Nazi parties and their activities. It also prohibits incitement to
racial hatred, denial of the Jewish holocaust and the wearing of Nazi
insignia. The laws in question, the details of which may be consulted at the
secretariat of the Centre for Human Rights, are as follows:
(a)
Constitutional Law of 8 May 1945, Government Law Gazette
No. 13/1945, concerning the Prohibition of the Nazi Party (Prohibition Act),
as amended by Federal Law Gazette No. 148/1992;
(b)
Federal Constitutional Law of 3 July 1973, Federal Law Gazette
No. 390/1973 for the Implementation of the International Convention on the
Elimination of All Forms of Racial Discrimination;
(c)
Administrative Proceedings (Introduction) Act, Federal Law Gazette
No. 50/1991 as amended by Federal Law Gazette No. 143/1992;
(d)
Penal Code:
paragraph 3;
Section 283 ("Incitement to Hatred") and Section 117,
(e)
Federal Law of 5 April 1960, Federal Law Gazette No. 84/1960,
Prohibiting Certain Badges ("Badges Act") as amended by Federal Law Gazette
No. 117/1980.
In 1993, there were 18 convictions and 4 acquittals under the law on
incitement to racial hatred.
2.
Policies and other non-legal measures taken
81.
Austrian public authorities engage in a wide range of activities to
combat racism and intolerance. Some examples may be mentioned in the
following paragraphs.
82.
In the security services, which come under the jurisdiction of the
Federal Ministry of the Interior, officers receive special training on these
subjects and special units are assigned to combat extremism and terrorism. At
the political level, the Ministry runs a number of information operations,
addressed in particular to educational authorities, school faculties, pupils,
counselling services for compulsory vocational schools, the youth departments
of the Land governments, educational staff in homes for young people, and
youth workers. Meetings with local and Land school boards are held at least