A/HRC/62/55/Add.1
34.
The Special Rapporteur also received deeply concerning reports detailing forms of
Islamophobia and anti-Arab and anti-Palestinian racism perpetrated by the State, including
the surveillance and overpolicing of communities by law enforcement agencies. For example,
Operation Luxor in Austria in 2020 was a massive operation targeting suspected “Islamist
extremists” and organizations, including civil society organizations, in Vienna, Styria and
Carinthia. The large-scale operation involved 70 locations and significant resources, yet
resulted in no arrests, investigations or charges. This raises significant questions about the
lawfulness of such operations and the extent to which Operation Luxor was based upon
objective criteria and reasonable suspicion, as opposed to racial profiling and/or hostility to
Muslims. It was reported that other raids against Muslim communities, Arabs and
Palestinians have taken place since Operation Luxor. In addition, the Special Rapporteur
received reports that public protests, particularly those in support of Palestinians, have been
a setting for surveillance and overpolicing of Arabs, Muslims and Palestinians.
35.
The Special Rapporteur is deeply concerned by the pervasive and systemic nature of
Islamophobia and related forms of racism. She welcomes the steps taken by the Government
to address Islamophobia, including the implementation of inter-faith projects and the
development of some teaching and training initiatives on anti-Muslim racism. Given reports
of racial profiling affecting Muslims, Arabs, people of Arab descent and Palestinians, she
also welcomes the establishment of both the Investigation and Complaints Office for
Allegations of Police Ill-treatment and the Ministry of the Interior working group to develop
recommendations to put a stop to racial profiling. The Special Rapporteur further welcomes
the fact that the mandate and work of different equality bodies encompass the equal treatment
of Muslims, Arabs, people of Arab descent and Palestinians.
36.
The Special Rapporteur is nevertheless concerned by the lack of data about the
situation of Muslims, Arabs and people of Arab descent and Palestinians. Furthermore, it was
not clear to her that the Government has adopted a whole-of-government and whole-ofsociety approach to preventing, addressing and remedying Islamophobia. She is concerned
by the absence of both a specific strategy on Islamophobia and an overarching national action
plan against racism that includes consideration of the needs of those groups. The Special
Rapporteur urges Austria to urgently address these significant gaps.
37.
In addition, the Special Rapporteur has serious concerns about the headscarf ban for
girls under 14. Amendments to the School Act mandating this ban were adopted by
Parliament shortly after her visit. It is planned for the updated legislation to be implemented
during the 2026/27 school year, although challenges to the constitutionality of the
amendments are expected. As was acknowledged by many officials, a similar, more limited
ban was annulled by the Constitutional Court in 2020 on the grounds that it was
discriminatory.
38.
The Special Rapporteur is concerned that the ban targets only one religious symbol.
The State educational system is not secular and other religious symbols are permitted within
schools. Moreover, if implemented, the ban will impact only one gender, of a particular age
and religion. The Special Rapporteur listened carefully to the information provided by
different stakeholders about the rationale for the ban being put in place to provide
opportunities and protection. She perceived there to be a lack of accurate data demonstrating
the rationale and how the requirement of proportionality has been met. Moreover, she
identified a concerning tendency to rely on harmful stereotypes to justify the ban. These
stereotypes included Muslim girls as inherently needing protection and Muslim boys as
dangerous, the headscarf as having a one-dimensional and oppressive symbolism and the
notion that Muslim girls who wear headscarves may be limited to “traditional” life paths. The
Special Rapporteur did not see substantial evidence of sufficient reflection on whether high
levels of societal Islamophobia, including intersectional forms of discrimination leading to
hostility to women who wear headscarves, have played into public debates on this issue.
Moreover, the Special Rapporteur is concerned by the risk that a headscarf ban and/or the
debates about such measures will fuel already high levels of Islamophobia and intersecting
forms of gender-based discrimination. There is also a risk that a ban on headscarves may
negatively impact the education of girls and increase their marginalization.
39.
While the Special Rapporteur notes that a progressive system of enforcement of the
legislation is envisaged, she is nevertheless shocked that the Government has introduced a
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