ANNUAL REPORT 2011
The Austrian Parliamentary Commission for the Federal Armed Forces
The Austrian Parliamentary Commission for the Federal Armed Forces
ANNUAL REPORT 2011
Editorial: Published yearly, pursuant to section 9, para 4, Rules of Procedure of the Austrian Parliamentary Commission for the Federal Armed Forces, in conjunction with section 4, para 5 2001 Defence Act, Federal Law Gazette I no. 146 2001, as amended. Responsible fort the content: Executive Chairman Paul Kiss, former MP (National Council), and the Chairmen President Anton Gaál and Prof. Walter Seledec. Office: 1090 Vienna, Rossauer Laende 1 Telephone: 0810-200125 (local rate); 0043-50201-10-21050, 00431-3198089; 1230100 (IFMIN) Fax: 0043 50201 10 17142 E-mail: [email protected] Photographs: Parliamentary Administration, MoDS Print: Armed Forces Printing Office, 1030 Vienna, Arsenal
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Table of Contents
Preface..............................................................................................................................4 I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces.....5 II. Austrian Parliamentary Commission for the Federal Armed Forces 2011 ......................6 III. Tasks............................................................................................................................8
III. 1. Terms of office..................................................................................................................................... 8 III. 2. Who can lodge a complaint? ......................................................................................................... 9 III. 3. How can the Austrian Parliamentary Commission for the Federal Armed Forces be
contacted? ....................................................................................................................................... 10 III. 4. Annual report .................................................................................................................................... 10
IV. Tasks .........................................................................................................................10 IV. 1. Complaints – key data.................................................................................................................... 11 IV. 2. Verbal abuse / inappropriate language..................................................................................... 12 IV. 3. Complaints concerning military medical care........................................................................... 12 IV. 4. Complaints concerning shortcomings and deficiencies during international operations. 12 IV. 5. Complaints lodged by female soldiers ........................................................................................ 13 IV. 6. Complaints concerning sub-standard accommodation and infrastructure........................ 13 IV. 7. Complaints concerning shortcomings and deficiencies during training............................... 13 IV. 8. Ex officio investigations.................................................................................................................... 13 IV. 9. Soldiers with a migrant background............................................................................................. 13 IV. 10. VIII. Actions pursuant to section 21, para 3, 2001 Defence Act .............................................. 14
V. Examples of Complaints..............................................................................................14 V. 1. Inappropriate language................................................................................................................. 14 V. 2. Bullying ............................................................................................................................................... 15 V. 3. Sub-standard military medical care ............................................................................................. 16 V. 4. Unfounded measures ...................................................................................................................... 16 V. 5. Inattentiveness.................................................................................................................................. 16 V. 6. Organisational shortcomings ......................................................................................................... 17 V. 7. Sub-standard accommodation and infrastructure ................................................................... 17 V. 8. Failure to follow regulations............................................................................................................ 17
VI. Ex-Officio Investigations .............................................................................................18 VI. 1. Incidents during an international operation (GZ 10/075-2011)................................................ 18 VI. 2. Misconduct during the pre-national service medical examination (GZ 10/055-2011)........ 20 VI. 3. Producing a pornographic film in a military building (GZ 10/086-2011)................................. 21 VI. 4. Harrassment of a handicapped person (GZ 10/108-2011)....................................................... 21
VII. Measures taken.........................................................................................................22 VIII. Special events..........................................................................................................22
VIII. 1. Inspection in Kosovo from 7 to 9 June 2011 ................................................................................ 22 VIII. 2. Inspection in Bosnia and Herzegovina from 8 to 9 November 2011....................................... 25 VIII. 3. Working visit of the Presidium of the Austrian Parliamentary Commission for the Federal
Armed Forces to the Military Representation Brussels from 6 to 7 December 2011............. 26 VIII. 4. Meeting of the Austrian Parliamentary Commission for the Federal Armed Forces in
Ried im Innkreis, from 13 to 14 October 2011 .............................................................................. 28 VIII. 5. Parliamentary review of the Annual Reports 2006 - 2009 ......................................................... 28 VIII. 6. Presentation of the Annual Report 2010 ...................................................................................... 29
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IX. International Cooperation ...........................................................................................29 IX. 1. 3rd International Conference of Ombuds Institutions for the Armed Forces, Belgrade,
13 – 15 April 2011 .............................................................................................................................. 29 IX. 2. Vienna Dialogues............................................................................................................................. 30 IX. 3. Exchange of experience with the Parliamentary Military Commissioner of Bosnia and
Herzegovina ...................................................................................................................................... 30 IX. 4. Visit of a South African delegation ............................................................................................... 31 IX. 5. Exchange of opinions and experience with the Parliamentary Commissioner for the
Armed Forces of the German Bundestag ................................................................................... 31 Appendix .........................................................................................................................33
Table of statistics .......................................................................................................................................... 34 Legal Grounds .............................................................................................................................................. 37 Belgrade Memorandum............................................................................................................................. 51 Photographs.................................................................................................................................................. 55
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Preface
The Austrian Parliamentary Commission for the Federal Armed Forces would like to
thank the soldiers of the Austrian Armed Forces who have performed outstandingly in
the execution of their domestic and international duties.
The democratic control of armed forces is gaining in importance internationally. Within
the framework of the ICOAF (International Conference of Ombuds Institutions for the
Armed Forces), it is one of the aims of the Austrian Parliamentary Commission for the
Federal Armed Forces to strengthen international cooperation for the protection of
soldiers’ rights.
The first conference of ombuds institutions for the armed forces in Berlin was
successfully continued in the Parliament in Vienna, with representatives of thirty
countries attending. The Vienna Memorandum was the starting point for the
conference in Belgrade in April 2011.
In this context the Presidium of the Austrian Parliamentary Commission for the Federal
Armed Forces developed the idea of a European Parliamentary Commissioner for the
Armed Forces. This initiative was supported by the representatives of other European
countries during the Vienna Dialogues, organised by the Presidium of the Austrian
Parliamentary Commission for the Federal Armed Forces in November 2011.
During a meeting of the Presidium of the Austrian Parliamentary Commission for the
Federal Armed Forces with top representatives of the European Parliament in Brussels
in December 2011 further steps could be taken towards the establishment of a
European Parliamentary Commissioner for the Armed Forces.
Vienna, 3 February 2011
Presidium of the Parliamentary Commission for the Federal Armed Forces
Walter Seledec Chairman
Paul Kiss Executive Chairman
Anton Gaál Chairman
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I. Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces
Composition of the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces in the terms of office 1 January 2003 to 31 December 2008
and 1 January 2009 to 31 December 2014:
Executive Chairman, former MP (National Council) Paul Kiss
Executive Chairman 1 January 2003 to 31 December 2004 and since 1 January 2011
Chairman: 1 January 2005 to 31 December 2010
Chairman Professor Walter Seledec
Executive Chairman 1 January 2007 to 31 December 2008
Chairman: 1 January 2003 to 31 December 2006 and since 1 January 2009
President Anton Gaál, Chairman
Executive Chairman 1 January 2005 to 31 December 2006 1 January 2009 to 31 December 2010
Chairman: 1 January 2003 to 31 December 2004 1 January 2007 to 31 December 2008 and since 1 January 2011
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II. Austrian Parliamentary Commission for the Federal Armed Forces 2011
Presidium:
Paul Kiss, former MP (National Council), Executive Chairman Austrian People's Party Professor Walter Seledec, Chairman Austrian Freedom Party President Anton Gaál, Chairman Austrian Social Democratic Party
Members:
Stefan Prähauser, MP (National Council) Austrian Social Democratic Party Mag. Christine Lapp, MP (National Council) Austrian Social Democratic Party Walter Murauer, former MP (National Council) Austrian People's Party Jochen Pack, MP (National Council) (until 3 May 2011) Austrian People's Party Oswald Klikovits, MP (National Council) (since 4 May 2011) Austrian People's Party Markus Fauland, former MP (National Council) Alliance for the Future of Austria Nikolas Kunrath The Greens
Substitute members:
Christian Faul, former MP (National Council) Austrian Social Democratic Party KS Christian Schiesser Austrian Social Democratic Party Dipl.Ing. Werner Kummerer, former MP (National Council).. Austrian Social Democratic Party Ing. Norbert Kapeller, MP (National Council) (until 15 March 2011) Austrian People's Party Adelheid Irina Fürntrath-Moretti, MP (National Council) (since 4 May 2011) Austrian People's Party Karl Freund, former MP (National Council) Austrian People's Party Dr. Georg Spiegelfeld-Schneeburg, MP (Federal Council) (until 3 May 2011) Austrian People's Party Mag. Bettina Rausch, MP (Federal Council) (since 4 May 2011) Austrian People's Party Dr. Reinhard Eugen Bösch, former MP (National Council) Austrian Freedom Party
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Günther Barnet, former MP (Vienna Provincial Parliament). Alliance for the Future of Austria Dr. Peter Steyrer The Greens
Advisors:
General Mag. Edmund Entacher, CHODS LTG Mag. Othmar Commenda, Deputy CHODS Director General Mag. Christian Kemperle, Directorate General Central Administration) COL Prof. Harald Harbich, M.D., Head, Military Medical Service
Office of the Austrian Parliamentary Commission for the Federal Armed Forces
Mag. Karl Schneemann, Head Sabine Gsaxner, Desk Officer organisation Siegfried Zörnpfennig, Deputy Head Ernst Kiesel, Chief Clerk Mag. Manfred Gasser, Desk Officer, since 1 September 2011 Johann R. Schebesta, Desk Officer Mag. (FH) Katja Mopils, Desk Officer, until 31 July 2011
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III. Tasks
The Austrian Parliamentary Commission for the Federal Armed Forces was
founded in 1955, together with the Austrian Armed Forces, as a democratically
legitimised monitoring body of the National Council. The Commission is legally
based upon sections 4 and 21 para 3, 2001 Defence Act (see page 38ff).
The National Council Rules of Procedure Act determines that the Chairpersons of
the Austrian Parliamentary Commission for the Federal Armed Forces are entitled
to participate in and speak during the negotiations concerning the annual
report in the respective committee of the National Council (see also page 41).
Further information on the Austrian Parliamentary Commission for the Federal
Armed Forces: www.parlament.gv.at/WWER/PBK.
III. 1. Terms of office
Under section 4, 2001 Defence Act, a term of office of the Austrian
Parliamentary Commission for the Federal Armed Forces is six years. The
current term of office began on 1 January 2009.
The Austrian Parliamentary Commission for the Federal Armed Forces is
made up of three (alternating) executive chairpersons, as well as six
further members. The chairpersons are elected by the National Council,
the other members are nominated by the political parties, in proportion
to their numbers of seats on the Principal Committee of the National
Council. Every political party represented on the Principal Committee of
the National Council at the time of the Austrian Parliamentary
Commission for the Federal Armed Forces`s constitutive sitting has the
right to be represented on this Commission.
At the eigth sitting of the National Council/24th legislative period on 10
December 2008, President Anton Gaál, MP (National Council) (Social
Democratic Party), Paul Kiss, former MP (National Council) (Austrian
People's Party), and Prof. Walter Seledec (Austrian Freedom Party) were
elected to be chairmen of the Austrian Parliamentary Commission for the
Federal Armed Forces for the six-year term of office from 1 January 2009
to 31 December 2014. On 1 January 2009 President Anton Gaál took on
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the role of Executive Chairman for two years by rotation until 31
December 2010. Since 1 January 2011 Paul Kiss, former MP (National
Council) has been Executive Chairman.
Advice to the Austrian Parliamentary Commission for the Federal Armed
Forces is also rendered at its sittings by most senior officials of the Federal
Ministry of Defence and Sports so that there is a permanent exchange of
opinions between examiners and examinees.
From an international perspective, the Austrian Parliamentary
Commission for the Federal Armed Forces can be compared in its mission
to the Parliamentary Commissioner for the Armed Forces of the German
Bundestag and other ombuds institutions for the armed forces, for
example in Ireland, Norway, or Bosnia and Herzegovina.
III. 2. Who can lodge a complaint?
The Austrian Parliamentary Commission for the Federal Armed Forces has
to accept complaints lodged directly or indirectly
Ø by persons who have volunteered for pre-enlistment fitness examination or trainee service,
Ø by persons liable to pre-enlistment fitness examination,
Ø by soldiers of either sex,
Ø by soldiers' representatives,
Ø by conscripts in the militia or reserve,
Ø by persons having undergone trainee service,
and – unless the Commission finds the alleged reason for the complaint
negligible – to examine it and decide upon recommendations pertaining
to its settlement.
This group can lodge complaints concerning shortcomings or
deficiencies within the military, especially regarding personal injustices or
encroachments upon professional competencies.
The right to lodge a complaint expires one year after the issue giving rise
to the complaint has become known to the complainant, in any case
two years after the issue giving rise to the complaint has become void.
In addition, the Austrian Parliamentary Commission for the Federal
Armed Forces is entitled to investigate ex officio shortcomings or
grievances within the military, suspected by the Commission.
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III. 3. How can the Austrian Parliamentary Commission for the Federal Armed
Forces be contacted?
in person:
1090 Vienna, Rossauer Laende 1 Wing 10, first floor, room no. 46
by telephone:
Ø 0810 200125 (local rate) Ø 0043 50201 10 21050 Ø 0043 1 3198089 Ø 1230100 (IFMIN)
In writing:
Ø by post: 1090 Vienna, Rossauer Laende 1 Ø by fax: 0043 50201 10 17142 Ø e-mail: [email protected]
III. 4. Annual report
The annual report of the Austrian Parliamentary Commission for the
Federal Armed Forces is published once a year, as per section 10 para 4
of the standing orders and in connection with section 4 para 5 Defence
Act 2001, and is to be forwarded to the Federal Minister of Defence,
following its adoption by the Commission members. The annual report
2011 is to be provided with a statement of the Federal Minister of
Defence and to be laid before the National Council.
IV. Tasks
The Austrian Parliamentary Commission for the Federal Armed Forces dealt with
the enquiries brought forward during the year under review, investigated
complaints, arranged for ex officio investigations, carried out unannounced on-
site inspections, put an end to shortcomings and deficiencies within the military in
close cooperation with the Federal Minister of Defence and the advisors, and
presented suggestions for improvements in the carrying out of training.
The Presidium of the Austrian Parliamentary Commission for the Federal Armed
Forces prepared the monthly plenary meetings of the Commission, so as to make
possible the adoption of complaints as well as of ex officio investigations, and to
give recommendations to the Federal Minister of Defence in as short a time as
possible.
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Information events at the Theresan Military Academy and at the Non-
Commissioned Officers' Academy, as well as discussions with representatives of
politics, religion, industry, science, culture and the Austrian Armed Forces served
the purpose of strengthening the appreciation of an independent, objective
and comprehensive supervision of the military.
In close co-operation with the Federal Minister of Defence and the advisors,
problems in connection with complaints lodged were often already resolved in
the investigation stage in a manner satisfactory to the complainant. An on-site
intervention by the Austrian Parliamentary Commission for the Federal Armed
Forces very often quickly remedied aired grievances and thus in many cases
contributed to an improvement of the work climate.
The remit of such a democratic monitoring body naturally also requires an
exchange of ideas with comparable international institutions. Beginning with the
resolutions of the Vienna Memorandum, the Austrian Parliamentary Commission
for the Federal Armed Forces`s expertise was in great demand in a multitude of
international meetings. Apart from the important contributions of the Presidium of
the Austrian Parliamentary Commission for the Federal Armed Forces to the
preparation of the 3rd International Conference of Ombuds Institutions for the
Armed Forces in Belgrade, this conference could also further develop the
comprehensive international cooperation for the benefit of all soldiers, which
was expressed in the final document, the Belgrade Memorandum. The
significance and value these democratic monitoring bodies have for the armed
forces is best examplified by South Africa. By order of the Ministry of Defence of
the Republic of South Africa, State Secretary LTG T. T. Mantanzima visited the
Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces
and other European parliamentary commissioners for the armed forces, to
gather and prepare information and feedback for the planned introduction of a
democratic parliamentary monitoring body for the armed forces in his country.
The Vienna Dialogues organised by the Presidium of the Austrian Parliamentary
Commission for the Federal Armed Forces in Vienna and Brussels further
developed the idea of a European parliamentary commissioner for the armed
forces.
IV. 1. Complaints – key data
In 2011, the Austrian Parliamentary Commission for the Federal Armed
Forces was approached with 3,421 enquiries. In most cases the questions
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raised could be answered or dealt with quickly, so that in many cases it
was not necessary to lodge a formal complaint.
In 2011 the Austrian Parliamentary Commission for the Federal Armed
Forces initiated 504 complaints proceedings, of which 32 were ex officio
investigations.
78% of complaints were deemed to be founded.
The reasons for complaint especially concerned inattentive and poor
behaviour of higher ranks, matters related to training and routine duty,
personnel matters, sub-standard infrastructure, equipment and medical
care.
In some cases complainants retracted their complaints because
measures that were immediately taken had led to the reason for the
complaint becoming obsolete.
IV. 2. Verbal abuse / inappropriate language
In the year under report, of 39 complaints lodged in connection with
verbal abuse or inappropriate use of language, 24 were founded or
partially founded, 3 were deemed to be unfounded. At the end of the
year under report, 12 complaints were still being dealt with.
IV. 3. Complaints concerning military medical care
In the year under report 15 complaints were lodged concerning
inadequate medical care. One complaint was deemed to be founded,
4 were deemed to be unfounded. At the end of the year under report,
10 complaints were still being dealt with.
IV. 4. Complaints concerning shortcomings and deficiencies during
international operations
19 complainants lodged complaints in connection with grievances
during international operations. 2 complaints were deemed to be
founded, 6 were deemed to be unfounded. 11 complaints were still
being dealt with at the end of the year under report.
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IV. 5. Complaints lodged by female soldiers
In 2011, female soldiers lodged 15 complaints, of which three were
deemed to be unfounded, 12 complaints were still being dealt with at
the end of the year under report.
IV. 6. Complaints concerning sub-standard accommodation and infrastructure
In 2011 there were 5 complaints concerning sub-standard
accommodation or infrastructure. 4 complaints were deemed to be
founded, one was deemed to be unfounded.
IV. 7. Complaints concerning shortcomings and deficiencies during training
In the year under review, of 84 complaints lodged in connection with
shortcomings and deficiencies during training, 58 were founded or
partially founded, 7 complaints were deemed to be unfounded. At the
end of the year under report, 19 complaints were still being dealt with.
IV. 8. Ex officio investigations
In 32 cases the Austrian Parliamentary Commission for the Federal Armed
Forces decided to investigate ex officio shortcomings and deficiencies
related to military service. Investigated were, inter alia, structural and
hygienic conditions, behaviour of superiors vis-à-vis subordinates, as well
as blatant deficiencies in training.
IV. 9. Soldiers with a migrant background
During the past years the topic of migration has increasingly moved to
the forefront of social policy. In this context the Austrian Parliamentary
Commission for the Federal Armed Forces was contacted by various
media outlets concerning its experience with the issue “integration of
individuals with a migration background in the Austrian Armed Forces”.
Complaints about racist or xenophobic abuse deal with isolated
incidents which do, unfortunately, occur. For example vis-à-vis a recruit
of Egyptian extraction who worked as a clerk in company office and
was called a ”camel driver” and “greeted“ with the salutation: “This
office smells like an Arabian whore house!“.
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The Austrian Armed Forces are an example of successful integration,
which has yet to be achieved in Austrian society. The Austrian Armed
Forces manage to fuse the different social and professional hopes,
aspirations and dreams, and to live integration.
IV. 10. VIII. Actions pursuant to section 21, para 3, 2001 Defence Act
In the year under review there was no application to issue a statement
regarding an appeal against an administrative decision concerning the
obligation to attend key personnel recalls.
V. Examples of Complaints
V. 1. Inappropriate language
During the training of national service personnel NCO’s of a training
company reacted to mistakes by repeatedly using statements such as “I’ll
rip your balls off and puke down your neck!”, “You have the IQ of a floor
tile!”, "Fucking dumb-ass!”, “Douche bag!”, “’Effing conscripts!”, “Bloody
retards!”, “I’ll drill you until you retch blood!”, "Pansy-assed trannies!”.
Recruits who were exempted from standing to attention for longer periods
of time and thus had to bring a chair to drill training and had to follow the
same sitting down were referred to as the IKEA company. (GZ 10/494-2011)
Vis-à-vis recruits, platoon and section leaders used language such as
“good-for-nothing”, "cripples", "stop being wussies", “don’t fucking slouch
around!”.
Concerning the corporals, this company’s NCO's used expressions such
as "expendable material”, “fucking corporals”, “vermin”, “NCO's at the
table, corporals under the table”, “moaning means boning!”. (GZ 10/101-
2011)
Immediately after having given the order to weed the area in front of a
barracks building, a WOI said: “You’re here for another three weeks - this
means I have enough opportunities to screw you!” (GZ 10/355-2011)
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A WOI who was dissatisfied with a recruit's work performance in the kitchen
asked him: “Are you retarded?”. (GZ 10/182-2011)
In connection with a possible deployment of recruits to the assistance
operation/Schengen in Burgenland, a WOI announced: “I am the dictator
here, and I decide!” (GZ 10/109-2011)
V. 2. Bullying
During the training of mechanised infantry troops, mistakes made by
individual soldiers, such as having forgotten a piece of equipment, or
letting drop a round or a weapon, were punished as if they had been
mistakes made by a group or platoon. As a consequence, all the soldiers
had to do physical exercises: running a round within the barracks, doing
push-ups, sit-ups, remaining in the starting position for push-ups, finger
gymnastics with outstreched arms. (GZ 10/494-2011)
To make up for deficiencies in their training, recruits of a section were given
the choice either to undergo training after regular duty hours, or to copy
the regulation in question five times by hand, or alternatively, to do
physical exercises while verbally correcting the mistakes, e.g. naming the
main parts of the assault rifle. (GZ 10/494-2011)
After individual recruits had been found lying on the beds, a section leader
ordered the section to stand to attention in the corridor of the
accommodation building during the breaks. (GZ 10/494-2011)
Because a chocolate bar wrapper was found to be floating in the toilet
bowl despite a number of attempts at flushing it down, the recruit originally
tasked with cleaning the sanitation facilities had to reclean them together
with a comrade. At the same time, the other recruits had to fall in in
platoon formation in battle dress uniform 03 and had to run up and down a
nearby hill in march formation for thirty to forty-five minutes until the
cleaning had been successfully completed. Recruits who fell back or were
close to exhaustion had to carry on until the end. (GZ 10/494-2011)
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V. 3. Sub-standard military medical care
A routine rapid diagnostic drug test of recruit produced a positive result.
Following this test and despite repeated reminders to do so, the unit
surgeon failed to send the recruit to the compulsory additional drugs test.
Furthermore, the result of the rapid diagnostic test was illegally transmitted
to the district administrative authority. The NCO responsible explained the
problem of the positive drug test to the recruit in the presence of other
conscripts. As a result, the recruit was given the nickname “opium junkie”
by his comrades. In connection with the incorrect course of events as
regards the drug test, the recruit must have justifiably received the
impression of being discriminated against in the following changed
allocation of duties. (GZ 10/001-2011)
V. 4. Unfounded measures
A colonel carried out an inspection of a militia NCO course on a training
area. A recruit who had been assigned driving duties and was waiting in
the vehicle for the return transport of the course participants did not notice
the officer’s arrival. When the colonel opened the door of the military
vehicle, the recruit addressed him wrongly as “captain” instead of using
the correct rank “colonel”. Thereupon the colonel ordered the recruit to
dig a foxhole. The recruit did his utmost, but given his lack of skills vis-à-vis a
foxhole’s properties, and the rooty ground, his success was limited, which
was why the colonel, upon his return from his inspection directed him
towards a “better area”. Only after two hours was the recruit allowed to
cease digging, as the course participants had to be transported back. (GZ
10/100-2011)
V. 5. Inattentiveness
Due to unexpected staff shortages, recruits posted on guard duty had to
be on duty up to four times a week. Despite this, the following week, they
still had to undergo training on three days. (GZ 10/129-2011)
Conscripts employed in a military hospital had to work up to 65 hours a
week. (GZ 10/332-2011)
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The company commander of a recruit employed in the assistance
operation/Schengen approved leave to attend his grandmother’s
funeral only under the condition that for his journey home, a three-hour
car drive, he would take the train. The recruit’s objection that he could
get a private lift was rejected by the company commander who made
sure that his order to “take the train” was carried out by having military
transport drive the recruit to the railway station. (GZ 10/322-2011)
V. 6. Organisational shortcomings
A corporal was granted permission to use his own car to drive to a
swearing-in ceremony, as he lived close to the venue. This way he did
not have to drive thirty kilometres back to the barracks after the
ceremony, only to motor home again in his private car. Although an
officer of his unit knew about this situation, he ordered the corporal to
drive one of his comrades back to the barracks. (GZ 10/371-2011)
V. 7. Sub-standard accommodation and infrastructure
The toilets and shower areas in an accommodation building for recruits
were in a disastrous state, with dripping, lime-encrusted taps, defective
or missing shower heads, cracked wall tiles and inadequate ceiling
cover. (GZ 10/001-2011)
In a different barracks national servicemen could not be allocated their
individual bed, due to insufficient capacities, which consequently meant
that they were allocated a different bed every night. This “system” relied
on most recruits having been granted permission to sleep at home, with
only those recruits having to spend the night in the barracks who had to
serve as duty corporals. In addition, the plasterwork in the rooms was
crumbling. (GZ 10/392-2011)
V. 8. Failure to follow regulations
Due to the elected soldiers’ representative often not being present
during deployments on exercise and other trainings in the field, the
company commander informed the recruits of his company during roll
call that the deputy soldiers’ representative was the first person to
contact if the soldiers’ representative was needed. The company
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commander's choice of words gave the impression that the soldiers’
representative proper had been relieved of his duties. (GZ 10/494-2011)
VI. Ex-Officio Investigations
VI. 1. Incidents during an international operation (GZ 10/075-2011)
Danger of mines:
In the sixth week of 2011, a multinational battalion under Austrian
command trained on the grounds of an abandoned military camp.
During the night-time exercise the battalion commander personally
briefed the Austrian intervention forces, as the Hungarian forces had not
arrived as planned. A private first class followed his orders and took
position on a grassy field. At the break of dawn he realised that he had
taken position five to six metres in front or to the left of a wooded area
marked with signs warning of mines.
Entering such areas had been expressly forbidden at the beginning of
the exercise, as there was a wooded area uncleared of mines close to
the target object. During operation preparation in Austria and also on
operations abroad, the soldiers were repeatedly briefed on the danger
of mines and the correct conduct required.
Freaky Friday:
Freaky Fridays were carried out during operation preparation in Austria
and once during the international operation. Under intensified conditions
(battle dress uniform 3, weapon and equipment) the second platoon
was brought to their physical breaking point during a sports lesson.
Legionnaires’ pace and sick-leavers:
As part of an alert exercise, a six kilometre march took place, during
which certain distances had to be covered at legionnaires’ pace (100
paces at the double alternating with 100 paces marching). In
connection with denigrating remarks concerning “sick-leavers” the
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recruits quite rightly had to receive the impression that the
legionnaires’pace was nothing more than a punitive measure.
Quality of accommodation during exercises:
The rooms, toilets and shower rooms in the abandoned military camp
which was still used for exercise purposes were in an inadequate state.
The contingent’s doctor identified numerous deficiencies and barred
access to some of the toilets and shower rooms, however allowed use of
the rooms if certain prerequisites were adhered to, such as, for example,
leasing mobile toilets. Billetting was of a low standard, but was preferred
to living in tents. Soldiers discussed how best to avoid stool during an
exercise, commanders, however, never recommended the use of
constipating drugs. A connection between the increased number of
illnesses and the deficient hygienic situation could not be established.
Lack of self-protection and not carrying ammunition:
In the Dress, Movement and Vehicle Code the responsible operational
command laid down the equipment and weapons to be taken when
leaving military buildings in the area of operations. On the basis of the
situation, the only requirement was the supply of the deployed forces
with ammunition within six hours. In order to ensure a minimum of self-
protection, the company commander ordered the platoon leaders to
carry a pistol and a full magazine during deployments.
Alleged one-day leave if a “camp round” is run:
In the course of the investigation it was determined that it was customary
for the first platoon to wake soldiers at 00.00 hrs on their birthday and to
serenade them with “Happy Birthday”. This also took place on a
corporal's birthday. Some of the well-wishers, among them the company
commander and platoon leader, decided to run a “camp round” of 3
km. The birthday boy was not allowed to participate because of his
“age” (30th birthday). Leave was neither granted, nor promised for
participating in the run.
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Legal considerations:
Certain expressions (disdain for soldiers of lower ranks) and approaches
(legionnaires’ pace, “sick leavers”) were not in accordance with the
pertinent regulations of section 4, para 1 General Duty Regulations
(behaviour vis-à-vis subordinates) in connection with the stipulations of
the MoD Directive of 3 March 2010, no. 49/2010 (code of conduct for
soldiers).
The condition of the accommodation buildings during the exercises
spanning several days did not meet the regulations laid down in section
19, para 6 General Duty Regulations (billeting of soldiers). Furthermore,
the condition of some shower rooms glaringly violated pertinent hygiene
regulations.
It has to be said, however, that not all incidents investigated could be
confirmed. Especially the accusation concerning a mine hazard turned
out to be untrue.
VI. 2. Misconduct during the pre-national service medical examination (GZ
10/055-2011)
Statements by an NCO, such as “It would be good to take a rifle, walk
through the company, and clear the decks!” and “The guys from the
signals company should all be shot!" were made following disagreements
concerning the proper discharge of the pre-national service medical
examination. These disagreements also caused the NCO to be dismissive
of two medical NCOs and to bawl at them.
Legal considerations:
The NCO’s behaviour contravened the stipulations of the MoD Directive
of 3 March 2010, MoD Gazette, GZ S93105/1-Efü/2010, no 49/2010, pt III/8
(code of conduct for soldiers, use of language), according to which all
soldiers have to orientate their communication, duty-related or
otherwise, along the lines of respect for human dignity as well as
politeness and propriety of demeanour and expression.
Annual report 2011
21
VI. 3. Producing a pornographic film in a military building (GZ 10/086-2011)
In the middle of May 2010 a pornographic movie, filmed in a lecture hall
of a military building, was made available on the internet as a paid
download. In the fourteen-minute film the partner of an armed forces’
member could be clearly identified as one of the protagonists. Coining
the term “major porno”, the reaction of the media (both print as well as
electronic) was enormous.
The armed forces’ member had made access to the lecture hall possible
by handing over the key, denied, however, any connection with the
movie’s production.
On account of the loss of trust and conduct detrimental to the repute of
the Austrian Armed Forces the MoD initiated dismissal proceedings.
Legal considerations:
The conduct and approach of the Armed Forces’ member were not in
accordance with the pertinent regulations of section 5, General Duty
Regulations (General Service Duties).
VI. 4. Harrassment of a handicapped person (GZ 10/108-2011)
A female civilian armed forces’ employee “used” a handicapped
employee in the office for personal services. He had to buy cigarettes
and snacks. The female civil servant regularly called him “cripple”,
“idiot”, “git”.
Pride of place on the office wall was given to a group photograph of
current and former members of staff. On the photograph, the faces of
those members of staff whom the female employee had harrassed into
leaving were crossed out in red.
This deplorable situation was made public by the media.
Legal considerations:
The female civil servant's completely unacceptable behaviour and
parlance glaringly contravened the pertinent regulations of section 43,
Civil Service Act 1979 (general duty regulations).
Annual report 2011
22
VII. Measures taken
Concerning the complaints which were fully or partially justified, the Minister of
Defence and Sports took the measures which were regarded as necessary
(instructions and rebukes, taking disciplinary measures, bringing charges).
VIII. Special events
VIII. 1. Inspection in Kosovo from 7 to 9 June 2011
Persuant to section 4, Defence Act 2001, the Austrian Parliamentary
Commisssion for the Federal Armed Forces carrried out an inspection of
the soldiers of AUCON 24/KFOR in Kosovo from 7 to 9 June 2011.
In talks with the soldiers the following topics and problem fields were
discussed:
Hot weather clothes – HWC:
Up to now there are no HWC available in the area of operations –
despite temperatures of up to 36°C. The polo-shirt – advantageous in
such temperatures – is no longer part of the standard equipment.
Purchasing pieces of clothing and equipment:
The government still has to provide an adequate range of equipment. A
sensible complement to better cater to individual soldiers’ wishes
regarding clothing and equipment would be to offer soldiers the
possibility of covering desired or higher individual requirements by buying
from the Armed Forces/the Armed Forces Clothing Depot.
Food:
The 10% purchase tax on food introduced on 1 January 2011 results in a
reduction of the financial means available for the provision of meals. The
amount available per meal per capita has, furthermore, remained
unchanged for eight years. Food prices have, however, increased. For
Annual report 2011
23
this reason, the choice of meals cannot be maintained at the present
level.
Training:
A company’s corporals felt demeaned by statements such as “Don't act
stupider than you look" and by actions taken especially by the NCO’s
punishing individual lapses of dicipline by announcing so-called “days of
reward” for the entire company. Such days were marked by training,
which reminded many of basic training 1 during national service, being
carried out in a demanding manner. The soldiers perceive such an
approach as “punishment” and “demeaning”.
Internal IT:
Soldiers not stationed in the Austrian camp criticise being cut off from the
information flow, as no server link to the Armed Forces' internal IT system
has been established so far.
Internet
Private use of the internet at an acceptable cost has been possible since
May 2011.
Telephone:
There are plans to establish an IT communications system at domestic
rates via the Austrian telecommunications provider A1 in Camp Film-City.
Preparatory work, such as contract negotiations and the construction of
the foundations for the antenna system have been successfully
concluded. The mobile phone mast itself still has to be built.
Television:
The license to receive the TV-programmes of the Austrian Broadcasting
Corporation in Camp Film-City arrived during the inspection of the
Austrian Parliamentary Commission for the Federal Armed Forces on 7
June 2011.
Annual report 2011
24
Leave:
Lower ranks complain of what they perceive to be discriminatory
management of leave. In detail, for example, the fact that if permission
is granted to fly out after duty hours this day should not be regarded as
leave. Furthermore, the suggestion was made to use vacant space on
the Austrian Armed Forces’ C-130 transport plane for flights home, or to
permit overland bus travel in groups.
Net pay:
Different provisions of social security law regarding tenured military
personnel and soldiers on a fixed-term contract in forces earmarked for
first missions lead to a net difference in pay of approx. € 200.- per month
for work in comparable functions, or in comparable job classification.
Civil-Military Cooperation (CIMIC):
If government authorities, institutions and partners from industry were
involved to a greater degree, CIMIC work – without doubt much
appreciated and very good – could be accomplished even more
efficiently and effectively in the interest of the local population and for
the benefit of a sustainable economic cooperation between Austria and
Kosovo.
Media reports in June 2011 concerning alleged rapes:
Print and electronic media reported on alleged rapes of local female
camp workers.
The Austrian commanders immediately informed the responsible
authorities. Austrian investigators carried out detailed investigations on
site. Accusations of criminal behaviour were submitted to the attention
of the Austrian criminal authorities. Immediate measures, such as early
repatriations for military reasons were carried out.
Conclusion:
The work done by the soldiers of AUCON 24/KFOR is highly valued
internationally. This was confirmed, among others, in discussions with the
Annual report 2011
25
Deputy Commander KFOR, BG Marco Serronha (Portugal) and Chief of
Staff, BG Wilton Gorske (USA).
VIII. 2. Inspection in Bosnia and Herzegovina from 8 to 9 November 2011
As part of an inspection the Presidium of the Austrian Parliamentary
Commission for the Federal Armed Forces visited the soldiers of AUTCON
15/EUFOR ALTHEA in Camp Butmir near Sarajevo in Bosnia and
Herzegovina from 8 to 9 November 2011.
In talks with the soldiers the following topics and problem fields were
discussed:
Rotation with the transport plane C 130:
Rotation flights are carried out with the Austrian Armed Forces’ transport
plane C 130 via Vogler air base in Linz-Hörsching. A shortage of
connecting flights is criticized.
Autumn and winter flights with the C 130 are regularly cancelled due to
bad weather conditions. Due to the concomitant lack of planning
reliability, the suggestion has been made to carry out rotations during this
time by bus or train.
Clothing:
The polo-shirt is not part of the standard equipment. As it is very
comfortable to wear and looks good it is bought privately and highly
regarded. The general ban on wearing the polo-shirt, coming into effect
on 1 January 2012, is met with incomprehension. The canvas boots are
not available for exchange in all sizes.
Mine accident:
Near Sarajevo, at the end of October 2011, Austrian EUFOR soldiers
saved four Slovenian paragliders out of a minefield. A helicopter with a
winch and a soldier with special anti-mine Spider Boots recovered the
four sportsmen, one of whom was badly injured after having stepped on
a mine. The chain of command only allows use of the Spider Boots
Annual report 2011
26
following the permission from Austria. This can lead to a massive delay in
the provision of aid.
Internet, TV and telephone:
Communication possibilities via the internet are regarded as adequate.
Social calls are limited to 30 minutes per person per month, which is not a
lot.
Conclusion:
The soldiers of the Austrian contingent produce excellent work as part of
EUFOR ALTHEA. The talks with Ambassador Bosko Siljegovic, Parliamentary
Military Commissioner of Bosnia and Herzegovina, and with Ambassador
Dr. Donatus Köck, Austrian Ambassador to Bosnia and Herzegovina,
confirmed the excellent performance of EUFOR ALTHEA under the
Austrian command of MJG Bernhard Bair as COMEUFOR.
VIII. 3. Working visit of the Presidium of the Austrian Parliamentary Commission
for the Federal Armed Forces to the Military Representation Brussels from
6 to 7 December 2011
From 6 to 7 December 2011, the Presidium of the Austrian Parliamentary
Commission for the Federal Armed Forces carried out a working visit of
the soldiers and employees of the Military Representation Brussels (MRB).
The following topics were discussed:
Positions not included in the staffing plan (#900 positions):
The employer’s positive discrimination of so-called #900 employees when
filling job vacancies advertised for in-house makes it effectively
impossible for MRB members to apply for a position successfully, as
personnel in international employment are transferred and thus
allocated a fixed position in the staffing plan. This makes it realistic that,
following an international employment, personnel will be allocated a
#900 position.
Annual report 2011
27
Place of Service:
As the future place of service is sometimes only determined a short time
before the return to Austria, the employees concerned and their families
are faced with problems in the private environment (finding a school, a
flat,…).
POC upon return:
The Military Policy Division excellently manages the preparation and
execution of international employments. What is, however, lacking is
such a POC to deal with the modalities of return.
Public and human relations bonus/PHB:
New regulations concerning the public and human relations bonus
(Decree of the Ministry of Defence and Sports, 12 July 2011) have led to
a considerable reduction in the extent of the bonus payable.
These new regulations penalize employees whose families moved to
Belgium as part of the transfer to the MRB, as the PHB is also relevant for
the areas of housing and the spousal bonus.
For a person in a command function this means a financial loss of
approx. €1,660.- per month (loss of € 460.- spousal bonus and approx. €
400.- BPH, € 800.- cost sharing due to worse housing) compared with the
previous legal situation.
Official means of communication:
The forwarding of confidential documents to domestic departments as
part of Partnership for Peace workflows is carried out by fax, due to
missing IT equipment. Such an approach is not state-of-the-art.
Communicating with domestic departments via video conferencing is
not possible.
Conclusion:
The situation concerning the return of personnel from international
employment (most of the time minimum grade positions, no adequate
Annual report 2011
28
planning as regards reintegration, no prioritising of personnel returning
from international employment, etc.) is not satisfactory, especially
concerning NCOs.
Cutbacks made to the framework conditions laid down by public sector
employment law (reduction of the PHB, ambiguities or limited
opportunities as regards follow-on employment both domestically and
internationally) have a direct effect on the staff’s high motivation.
Parts of the IT equipment have to be improved.
Mag. Walter Grahammer and Dr Alexander Marschik, Austria’s
ambassadors to the European Union, as well as Dr. Karl Schramek, the
ambassador to NATO and Belgium, confirmed the excellent work made
by the soldiers and employees in the international fields of responsibility.
VIII. 4. Meeting of the Austrian Parliamentary Commission for the Federal Armed
Forces in Ried im Innkreis, from 13 to 14 October 2011
The Austrian Parliamentary Commission for the Federal Armed Forces was
impressed by the professionalism and operational readiness of the
soldiers of 13 Mechanised Infantry Battalion. Apart from a guided tour of
Zehner Barracks and a briefing on training, the Commission discussed
and agreed on its internal planning for 2012.
On 14 October 2011 LTG Othmar Commenda briefed on the current
state of the Austrian Armed Forces.
Thanks go to Karl Freund, former MP (National Council) and a long-
standing member of the Austrian Parliamentary Commission for the
Federal Armed Forces for having taken the initiative to organise this
meeting, and for conducting it together with LTC Ing. Martin Bogenreiter,
MSD (the Commander of 13 Mechanised Infantry Battalion) with great
expertise and hospitality.
VIII. 5. Parliamentary review of the Annual Reports 2006 - 2009
On 7 April 2011 the National Defence Committee discussed the Austrian
Parliamentary Commission for the Federal Armed Forces`s Annual
Reports 2006 – 2009. Due to the amendment of the National Council
Annual report 2011
29
Rules of Procedure Act the Chairpersons of the Austrian Parliamentary
Commission for the Federal Armed Forces for the first time had the right
to speak in the Committe, to explain to the MPs the scope of tasks of this
important parliamentary institution for the protection of soldiers' rights in
the Austrian Armed Forces and to answer specific questions.
VIII. 6. Presentation of the Annual Report 2010
On 25 March 2011 the Annual Report 2010 of the Austrian Parliamentary
Commission for the Federal Armed Forces was presented to the President
of the National Council, Mag. Barbara Prammer, and on 8 April to the
public at a press conference in the Austrian Parliament.
IX. International Cooperation
Apart from its investigative and monitoring tasks, the Austrian Parliamentary
Commission for the Federal Armed Forces intensified the international
cooperation, in order to discuss and develop the multifaceted tasks of
democratic armed forces monitoring institutions on multinational and bilateral
levels.
There was a constant exchange of ideas with the Geneva Center for the
Democratic Control of Armed Forces – DCAF.
IX. 1. 3rd International Conference of Ombuds Institutions for the Armed
Forces, Belgrade, 13 – 15 April 2011
The focus of the 3rd International Conference of Ombuds Institutions for
the Armed Forces in Belgrade from 13 to 15 April 2011 was on the role of
ombuds institutions in promoting and protecting the human rights of
soldiers in peacetime and during operations, as well as their welfare
following an operation.
The Presidium of the Austrian Parliamentary Commission for the Federal
Armed Forces gladly accommodated the request of Sasa Jankovic, the
Protector of Citizens of Serbia, to use a preparatory meeting in Belgrade
from 2 to 3 March 2011 to help prepare the agenda and fundamentals
of the 3rd ICOAF in the Palace of Serbia in Belgrade from 13 to 15 April
2011.
Annual report 2011
30
The President of Serbia, Boris Tadic and the Serbian Defence Minister Dragan
Šutanovac welcomed the numerous international conference
delegates. Both speakers stressed the importance of democratic
oversight of the armed forces and the protection of the human rights of
armed forces’ members.
The Belgrade Memorandum is a further development of international
cooperation of parliamentary armed forces monitoring bodies (see
page 51). The document therefore is the basis to continue the successful
international cooperation in the interest and for the benefit of all soldiers.
IX. 2. Vienna Dialogues
The idea of a European Parliamentary Commissioner for the Armed
Forces was developed by the Presidium of the Austrian Parliamentary
Commission for the Federal Armed Forces years ago. Many discussions
on the national as well as international level fostered the broad-based
acceptance of the necessity of such an international institution. This
question was discussed on the European level in the so-called Vienna
Dialogues on 12 May 2011 in Berlin, on 21 November 2011 in Vienna and
on 6 December 2011 in Brussels.
IX. 3. Exchange of experience with the Parliamentary Military Commissioner of
Bosnia and Herzegovina
During an exchange of experience in the Parliament in Sarajevo on 9
June 2011, Bosko Siljegovic, Parliamentary Military Commissioner of
Bosnia and Herzegovina, reported on the progress made in his
parliamentary monitoring work and the good cooperation with the
neighbouring Balkan countries. He supports the idea of stronger
international cooperation and thanked the Presidium of the Austrian
Parliamentary Commission for the Federal Armed Forces for the initiatives
on the strengthening of these parliamentary bodies on the European
level.
Annual report 2011
31
IX. 4. Visit of a South African delegation
On 5 July 2011 the South African State Secretary in the Department of
Defence, LTG Themba Templeton Matanzima visited the Presidium of the
Austrian Parliamentary Commission for the Federal Armed Forces in the
Parliament in Vienna. He reported on the planned creation of a
monitoring institution on parliamentary level. State Secretary Mantanzima
was very interested in the Austrian Parliamentary Commission for the
Federal Armed Forces`s legal and organisational bases and its extensive
task spectrum. In this context he mentioned – against the background of
South Africa’s still young democracy – his country’s lack of awareness
concerning the importance of such an institution. He stressed that the
South African Defence Minister, Lindiwe Sisulu, explicitly approves and
supports the efforts at creating a parliamentary monitoring institution for
the armed forces.
IX. 5. Exchange of opinions and experience with the Parliamentary
Commissioner for the Armed Forces of the German Bundestag
From 9 to 12 May 2011 the Presidium of the Austrian Parliamentary
Commission for the Federal Armed Forces paid a working visit to the
Parliamentary Commissioner for the Armed Forces of the German
Bundestag, Hellmut Königshaus in Berlin. This exchange of experience
also included meetings with high-ranking representatives of the Federal
Republic of Germany during the Spring Reception of the German
Parliamentary Society, as well as during the Parliamentary Evening of the
German Military Reserve Association, where, among others, the new
Defence Minister, Dr. Thomas de Maizière, addressed the enormous
challenges the German Bundeswehr is facing.
The German Bundestag witnessed a valuable exchange of opinions and
experience with members of the Defence Committee, inter alia,
Chairwoman Dr. Susanne Kastner, Deputy Chairman Dr. Dr. h.c. Karl A.
Lamers, as well as the members Anita Schäfer and Rainer Erdel.
During meetings in the Federal Chancellery important ideas concerning
a European monitoring institution could be discussed with BG Dr. Erich
Annual report 2011
32
Vad, the military policy adviser in defence and security-political matters
to Chancellor Dr. Angela Merkel.
The challenges posed by the international operations of the German
Armed Forces were described during a visit to the Bundeswehr
Operations Command in Potsdam by its Commander, LTG Rainer Glatz..
Interesting insights were also provided by the Head of the German
Armed Forces Military History Research Office, COL(GS) Dr. Hans-
Hubertus Mack. The Military History Research Office is Germany’s largest
historical research institute. On the basis of wide-reaching military
historical research it contributes to historical awareness within the armed
forces and writes expert opinions for its political leadership and military
command, as well as for the scientific and general public at home as
well as abroad.
Appendix
33
Appendix
Table of statistics .........................................................................................................34
Legal References........................................................................................................37
Belgrade Memorandum ............................................................................................51
Photographs ................................................................................................................55
Appendix Statistics
34
Table of statistics
1. Complainants
Recruits17% Corporals
16%
NCOs & Wos46%
Officers11%
Others10%
2. Grounds for Complaints
Sonstige1%
51%
148%
48%
22%
340%
1 2
3 4 5
Personnel matters Matters related to military security, discipline and complaints Training, routine duty Supplies Infrastructure
Complainants relating to training and routine duty
Persons liable for national
service49%
Other military personnel
51%
Appendix Statistics
35
3. Number of Complaints
3.1. 1956 - 2011
0100200300400500600700800900
56 58 60 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 92 94 96 98 00 02 04 06 08 10
1991: 2001 complaints
3.2. 2002 - 2011
399
584
474
654
664 657
501
556
337
504
02 03 04 05 06 07 08 09 10 11
3.3. Complaints lodged by female soldiers
15
3
9
5
7
11
9
5
6
3
02 03 04 05 06 07 08 09 10 11
Appendix Statistics
36
4. Requests for information or legal advice
In 2011, the Austrian Parliamentary Commission for the Federal Armed Forces was approached with 3,421 enquiries (in writing or orally).
4.1 Categories of personnel
45%
314%
258%
123%
1 2 3 4
Persons liable for national service Other soldiers Parents, friends, acquaintances Other persons
4.2. Matters
338%
23%
415%
136%
58%
1 2
3 4 5
Personnel matters Matters related to military security, discipline and complaints Training, routine duty Supplies Infrastructure
4.3 Requests for information or legal advice 2001-2011
3249
4420
39333833
3929
3605
37943568
3421
3165
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Appendix Legal References
37
Legal References
2001 Defence Act.......................................................................................................38
National Council Rules of Procedure Act ...............................................................41
Rules of Procedure of the Austrian Parliamentary Commission for the
Federal Armed Forces................................................................................................42
Appendix Legal References
38
Extract from the 2001 Defence Act
2001 Defence Act Federal Law Gazette I No. 146, last amended by Federal Act, Federal Law Gazette I No
111/2010
Austrian Parliamentary Commission for the Federal Armed Forces
Section 4 (1) (Constitutional stipulation) A complaints commission for military matters (Austrian Parliamentary Commission for the Federal Armed Forces) shall be colocated with the Federal Minister of Defence. The Austrian Parliamentary Commission for the Federal Armed Forces shall consist of three Chairpersons, each of whom, pursuant to para 10, shall become the Executive Chairperson by rotation, as well as of six further members. The presiding board is nominated by the National Council, the other members are provided by the political parties, proportionate to their mandate strength in the Principal Committee of the National Council. The political parties shall nominate a substitute member for each member and each Chairperson proposed by them. In the calculation of the numbers of members to be nominated by the political parties, the Chairpersons proposed by them shall be taken into account. The Chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces. Every party represented on the Principal Committee of the National Council shall have the right to be represented in the Austrian Parliamentary Commission for the Federal Armed Forces. The term of office of the Parliamentary Austrian Armed Forces Complaints Commission shall be six years. (2) The Austrian Parliamentary Commission for the Federal Armed Forces shall have the quorum if at least two Chairpersons and three further members are present. Decisions shall be taken by majority. In the event of a tie, the Chairperson shall have the casting vote.
(3) The Chief of Defence Staff and a suitable member of the Armed Forces, nominated by the Federal Minister of Defence and Sports, shall serve as advisors to the Austrian Parliamentary Commission for the Federal Armed Forces.
(4) The Austrian Parliamentary Commission for the Federal Armed Forces shall accept complaints lodged, directly or indirectly, by persons who have volunteered for pre-enlistment fitness examination or trainee service, by persons liable to pre-enlistment fitness examination, by soldiers, as well as by conscripts in the militia or reserve following national service, by former trainee service personnel, and – unless the Austrian Parliamentary Commission for the Federal Armed Forces finds the alleged grounds for the complaint negligible – examine them and decide upon recommendations pertaining to their settlement. This shall also pertain to complaints lodged by soldiers' representatives. If this complaint has only been lodged on account of a single soldier, her/his consent shall be required. The right to lodge a complaint shall expire one year after the respective grounds have become known to
Appendix Legal References
39
the complainant, in any case two years after they have become void. In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission. If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned.
(5) (Constitutional stipulation) By 1 March of every year, the Austrian Parliamentary Commission for the Federal Armed Forces shall submit a report on its work and the recommendations it made in the past year. This report shall be presented by the Federal Minister of Defence to the National Council, together with a statement concerning the recommendations made by the Austrian Parliamentary Commission for the Federal Armed Forces. The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces shall have the right to take part in the hearings concerning these reports in the committees of the National Council, and to be heard whenever they so request. Further details are laid down in the National Council Rules of Procedure Act.
(6) Necessary expenditures which arise from the work of the Austrian Parliamentary Commission for the Federal Armed Forces, including necessary travel costs, shall be reimbursed to the Chairpersons and the other members of the Austrian Parliamentary Commission for the Federal Armed Forces. These expenditures shall be reimbursed in accordance with the provisions of the 1955 Travel Fee Act, Federal Law Gazette No. 133, as would civil servants at service-grade VIII level in the general administration. For her/his work in the Austrian Parliamentary Commission for the Federal Armed Forces the Executive Chairperson shall be paid an additional compensation of 20% of the salary of a federal civil servant in the general administration at the highest salary-grade level of service-grade IX, the other Chairpersons shall be paid this compensation to the extent of 10% of the described salary. The Chairpersons shall not be paid this compensation if they are Members of Parliament (National Council, Federal Council, or a provincial parliament), or members of the federal or a provincial government.
(7) (Constitutional stipulation) The Federal Minister of Defence shall provide the Austrian Parliamentary Commission for the Federal Armed Forces with the necessary personnel and meet the necessary material costs. In the discharge of tasks related to the Austrian Parliamentary Commission for the Federal Armed Forces, the personnel provided shall only follow the instructions of the Executive Chairperson.
(8) The Austrian Parliamentary Commission for the Federal Armed Forces shall lay down its own rules of procedure and vote them into effect by two-third majority.
(9) (Constitutional stipulation) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces shall be elected by the National Council on the basis of a comprehensive proposal by the Principal Committee thereof. In drafting this proposal, each of the three strongest parliamentary parties in the National Council shall have the right to nominate one candidate. In case of an equal number of seats, the number of votes passed in the last National Council election shall decide. Should a chairperson retire early, the party which nominated her or him shall name a new member. On the basis of this nomination, s/he shall be elected by the National Council for the term of office remaining.
(10) The Executive Chairpersons change by rotation every two years, the sequence of said rotation reflecting the number of seats held by their respective nominating party.
Appendix Legal References
40
In case of an equal number of seats, the number of votes passed in the last National Council election shall decide. The Executive Chairperson of the Austrian Parliamentary Commission for the Federal Armed Forces shall direct its work, the other Chairpersons shall hold the office of her or his deputy in the sequence previously described.
Militia recalls and preparatory militia training
section 21. (3) Conscripts who have not volunteered for militia recalls but have successfully completed preparatory militia training during national service may be rendered liable to militia recalls, provided the required functions cannot be sufficiently staffed with conscripts having volunteered for militia recalls. To this end the conscripts shall be selected by administrative decision within two years of their release from national service, according to the prevalent military requirements, all the while taking personal circumstances into consideration. Such a liability may only affect at most 12 % of those conscripts who have completed their national service in the respective calendar year. This percentage shall include those conscripts who have volunteered for militia recalls. Should such an administrative decision be appealed, and at the conscript's demand, a statement of the Austrian Parliamentary Commission for the Federal Armed Forces shall be obtained prior to a rejection of the appeal. On the basis of an effective administrative decision conscripts may be inducted for militia recalls up to their fiftieth birthday.
Appendix Legal References
41
Extract from the National Council Rules of Procedure Act
1975 Rules of Procedure Act Federal Law Gazette I No. 410, last amended by Federal Act, Federal Law Gazette I
No. 12/2010
Section 20a (1) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council.
(2) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker.
(3) The respective committee can demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during debates pursuant to para 1.
section 29 (2) The Principal Committee shall especially be responsible for the following matters:
...
h) Submittal of a comprehensive proposal concerning the election of the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 4, para 9, 2001 Defence Act.
section 87 (4) The President of the Court of Audit, the Members of the Ombudsman Board, as well as the Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are elected at the recommendation of the Principal Committee, pursuant to section 4, Defence Act.
Appendix Legal References
42
Austrian Parliamentary Commission for the Federal Armed Forces
Rules of Procedure
On 27 January 2011 and pursuant to section 4, para 8, 2001 Defence Act (DA 2001), Federal Law Gazette No. 146/2001, last amended by Federal Act, Federal Law Gazette I No. 111/2010, the Austrian Parliamentary Commission for the Federal Armed Forces passed the following Rules of Procedure:
Composition of the Austrian Parliamentary Commission for the Federal Armed Forces
section 1 (1) Members of the Austrian Parliamentary Commission for the Federal
Armed Forces are:
three Chairpersons, each of whom shall become the Executive Chairperson by rotation pursuant to section 4, para 9, 2001 Defence Act (DA 2001), as well as six further members nominated by the political parties in proportion to their numbers of seats on the Principal Committee of the National Council. The chairpersons shall jointly constitute the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces.
(2) as substitute members:
the substitutes of each member nominated by the political parties for each member and each Chairperson proposed by them, respectively. The substitute members are members of the Austrian Parliamentary Commission for the Federal Armed Forces for the duration of the persons listed in para 1 being prevented from attending.
(3) Advisors to the Austrian Parliamentary Commission for the Federal Armed Forces are:
- the Chief of Defence Staff,
- a qualified official, appointed by the Federal Minister of Defence and Sports.
Authorised substitutes acting on behalf of advisors shall be treated on a par with the same. An authorised military medical expert participates in the meetings of the Austrian Parliamentary Commission for the Federal Armed Forces.
(4) Prior to executing their functions for the first time, the persons listed in para 1 and 2 shall be sworn in by the Executive Chairperson, the Executive Chairperson by the member of the Austrian Parliamentary Commission for the Federal Armed Forces most senior by age. The oath is:
“I swear that as member (chairperson) of the Austrian Parliamentary Commission for the Federal Armed Forces I shall discharge of my duties disinterestedly and to the best of my knowledge and belief.”
(5) The Chairpersons, the further members and the substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces shall, unless law
Appendix Legal References
43
stipulates otherwise, be bound to official secrecy (section 20, para 3, Federal Constitutional Law).
(6) The Executive Chairperson shall fulfil the tasks wherewith s/he is entrusted under the 2001 Defence Act, especially as regards preparing, convening and chairing meetings, as well as the minutes and the annual reports. If s/he is unable to attend, one of her/his deputies shall act upon her/his behalf. In such a case, the deputy who, pursuant to section 4, para 10, 2001 Defence Act, is to succeed the Executive Chairperson after the end of her/his two-year period in office shall act as Executive Chairperson. If, however, the Executive Chairperson is a member of the third largest party, the Chairperson nominated by the party with the highest number of seats in the National Council shall act as Executive Chairperson in such a case. At the same time the unavailable Chairperson’s substitute member is summoned; this substitute member, however, only functions as a member pursuant to section 1, para 1.
Tasks of the Austrian Parliamentary Commission for the Federal Armed Forces
section 2 (1) The Austrian Parliamentary Commission for the Federal Armed Forces has to accept complaints lodged directly or indirectly
a) by persons who have volunteered for pre-enlistment fitness examination or trainee service,
b) by persons liable to pre-enlistment fitness examination,
c) by soldiers of either sex,
d) by persons liable to conscription, be they in the militia or reserve, who have completed basic national service, and by former voluntary national service personnel,
e) by soldiers’ representatives on behalf of the soldiers they represent (if the complaint is lodged on behalf of only a single soldier, that soldier’s consent is required)
to examine them and decide on recommendations pertaining to their settlement.
(2) In addition, the Austrian Parliamentary Commission for the Federal Armed Forces is entitled to investigate ex officio shortcomings or grievances within the military, suspected by the Commission.
(3) If need be, the Austrian Parliamentary Commission for the Federal Armed Forces may carry out the investigations necessary for its work on site, and obtain all necessary information from those concerned.
(4) The Austrian Parliamentary Commission for the Federal Armed Forces shall furthermore agree on the statements that it makes at the request of the Federal Minister of Defence and Sports, who thereby follows her/his obligation, which arises should the appellant so demand, pursuant to article 21, para 3, 2001 Defence Act, prior to taking a negative decision upon an appeal against an administrative selection decision taken by the respective provincial military command.
Appendix Legal References
44
Office of the Austrian Parliamentary Commission for the Federal Armed Forces
section 3 (1) The Office of the Austrian Parliamentary Commission for the Federal Armed Forces serves the discharge of the tasks the Austrian Parliamentary Commission for the Federal Armed Forces incurs. Pursuant to section 4, para 7, 2001 Defence Act, the Federal Minister of Defence and Sports shall furnish the required personnel and cover the necessary material expenses. Only the Executive Chairperson is entitled to give directives to the personnel. The Executive Chairperson shall decide on all personnel matters that have a direct and immediate organisational bearing upon the discharge of duties within the office of the Austrian Parliamentary Commission for the Federal Armed Forces (especially direction and authorisation of overtime, regulation of overtime compensation, leaves, taking holidays, training and continuation training). In all other personnel matters, the Federal Minster of Defence and Sports shall, prior to taking a decision, approach the Executive Chairperson.
(2) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces and her/his staff discharge of their duties pursuant to the regulations of these Rules of Procedure. The Head of the Office and her/his staff especially shall
a) support the Chairpersons and other members and substitute members of the Austrian Parliamentary Commission for the Federal Armed Forces in the discharge of their duties;
b) take care of the administration and clerical organisation of the Austrian Parliamentary Commission for the Federal Armed Forces;
c) liaise with the Presidium of the National Council, the Office of the Parliamentary Director, the offices of the Federal Ministry of Defence and Sports, especially the bodies advisory to the Austrian Parliamentary Commission for the Federal Armed Forces, and to other federal ministries that are competent respectively to the extent delineated by the responsibilities of the Austrian Parliamentary Commission for the Federal Armed Forces;
d) prepare and support the meetings of the Presidium and plenum of the Austrian Parliamentary Commission for the Federal Armed Forces as well as on-site hearings, investigations following extraordinary complaints and investigations of suspected deficiencies and grievances in the armed forces;
e) ascertain facts relevant to lodged extraordinary complaints and ex officio procedures;
f) obtain statements of the Federal Ministry of Defence and Sports and other offices in preparation of the settlement of extraordinary complaints and ex officio investigations;
g) prepare draft proposals for the meetings of the Presidium and plenum of the Austrian Parliamentary Commission for the Federal Armed Forces;
h) implement decisions taken by the Austrian Parliamentary Commission for the Federal Armed Forces;
i) process questions directed at the Austrian Parliamentary Commission for the Federal Armed Forces or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces;
Appendix Legal References
45
j) receive extraordinary complaints lodged directly at the Austrian Parliamentary Commission for the Federal Armed Forces and information potentially entailing ex officio investigations;
k) provide archival work, documentation and evaluation pertaining to lodged extraordinary complaints and ex officio investigations including pertinent statistics for the Austrian Parliamentary Commission for the Federal Armed Forces;
l) prepare the annual report of the Austrian Parliamentary Commission for the Federal Armed Forces and process statements made thereupon by the Federal Minister of Defence and Sports;
m) take care of matters of the Rules of Procedure and the allocation of responsibilities within the Austrian Parliamentary Commission for the Federal Armed Forces;
n) prepare statements to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 2, 2001 Defence Act;
(3) The Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces shall be entitled to authorise activities serving the accomplishment of the above tasks. S/he shall process (including signature), on the Executive Chairperson’s behalf, such other matters as s/he has authorised her/him to process independently. The Executive Chairperson may declare her/himself responsible for any matter, or reserve the right of decision for her/himself.
Passage of decisions of the Austrian Parliamentary Commission for the Federal Armed Forces
§ 4. (1) The Austrian Parliamentary Commission for the Federal Armed Forces shall have the quorum if at least two Chairpersons and three further members are present.
(2) Decisions shall be taken by majority. In the event of a tie, the Executive Chairperson shall have the casting vote.
Chairpersons’ tasks
§ 5. (1) Meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall be prepared by the Executive Chairperson together with her/his two deputies (Presidium) with the support of the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces.
(2) Any complaint lodged either directly at the Austrian Parliamentary Commission for the Federal Armed Forces or through channels shall immediately be submitted to the Executive Chairperson. For any case of complaint, one of the three Chairpersons shall be appointed rapporteur. At the beginning of each calendar year the three Chairpersons shall agree on an allocation of duties which clearly sets out the aspects on the basis of which the rapporteurs are assigned their respective cases of complaint.
(3) In case of the Austrian Parliamentary Commission for the Federal Armed Forces being obviously not competent, in cases already decided on by the Austrian Parliamentary Commission for the Federal Armed Forces and in case of a lack of
Appendix Legal References
46
legitimacy to raise a complaint, the Executive Chairperson shall inform the complainant that the complaint will, in all probability, not be dealt with by the Austrian Parliamentary Commission for the Federal Armed Forces.
(4) Anonymous complaints shall be received by the Executive Chairperson. The Austrian Parliamentary Commission for the Federal Armed Forces shall receive reports thereupon, as well as on reports and statements made by the Federal Minister of Defence and Sports concerning those complaints.
(5) If a complaint is directed against a decision, which may be appealed by means of an ordinary or extraordinary remedy, or a complaint lodged at the Constitutional Court and the Supreme Administrative Court, the complainant shall immediately be made aware of her/his right to the above remedies.
(6) The Executive Chairperson shall notify the complainant of the receipt and ensuing processing of the complaint.
(7) The Executive Chairperson shall initiate or conduct the ascertainment of facts or an investigation of the complaint by the Austrian Parliamentary Commission for the Federal Armed Forces on site (section 8, para 9), determine the type of investigation to be carried out and, if need be, order the investigation report, including the statement of the Federal Minister of Defence and Sports, to be submitted.
(8) The Executive Chairperson shall ensure that information and documents required for the Austrian Parliamentary Commission for the Federal Armed Forces to take a decision on a complaint be available immediately, at least no later than six weeks after the complaint has been received. Should this deadline not be met, reasons as to why shall be reported to the Austrian Parliamentary Commission for the Federal Armed Forces at the following meeting.
(9) The request of the Federal Minister of Defence and Sports pursuant to section 21, para 3, 2001 Defence Act shall immediately, at least no later than when documents for the following meeting are transmitted, be forwarded to the members of the Austrian Parliamentary Commission for the Federal Armed Forces. Should a member of the Austrian Parliamentary Commission for the Federal Armed Forces be of the opinion that the evaluation of a case requires further investigations, the Executive Chairperson shall immediately ensure the same.
(10) The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces are entitled to participate in the negotiations concerning the report pursuant to section 4, para 5, 2001 Defence Act in the respective committee of the National Council. The Chairpersons of the Austrian Parliamentary Commission for the Federal Armed Forces have the right to speak, also repeatedly, during the debates pursuant to para 1, but without interrupting a speaker. The respective committee may demand the presence of the Austrian Parliamentary Commission for the Federal Armed Forces’s Chairpersons during these debates.
Ex officio investigation of deficiencies and shortcomings as well as complaints on site
section 6 (1) The ex officio investigation of deficiencies and grievances in the armed forces or of complaints of site shall require a respective decision having been taken by the Austrian Parliamentary Commission for the Federal Armed Forces.
Appendix Legal References
47
(2) In especially pressing cases, the Austrian Parliamentary Commission for the Federal Armed Forces unconvened, the Presidium may take a pertinent decision and investigate ex officio deficiencies and grievances on site. Sections 4 and 5 paras 2, 7 and 8 shall apply in analogously.
(3) The members of the Austrian Parliamentary Commission for the Federal Armed Forces shall immediately be notified of a decision of the Presidium pursuant to para 2. In case of an on-site investigation any member may participate in the same.
(4) In case of a decision of the presidium in case of para 2, the Austrian Parliamentary Commission for the Federal Armed Forces shall receive a report on the outcome of the investigation as well as investigations performed and measures taken.
Convening meetings
section 7 (1) The Austrian Parliamentary Commission for the Federal Armed Forces shall, at least once a month as a rule, be convened by the Executive Chairperson following a coordination of the date with the deputy Chairpersons and the members.
(2) Should at least two members so demand, the Executive Chairperson shall convene the Austrian Parliamentary Commission for the Federal Armed Forces within a fortnight.
(3) The meeting shall be convened in written form, this to include an agenda and be delivered to the members of the Austrian Parliamentary Commission for the Federal Armed Forces, as well as its advisors, by registered post, if possible eight days in advance of the meeting.
(4) This shall include the documents necessary for a decision, any measures which may already have been taken, as well as a proposal by the rapporteur to be decided on by the Austrian Parliamentary Commission for the Federal Armed Forces.
(5) Requests pursuant to section 21, para 3, 2001 Defence Act, by the Federal Minister of Defence and Sports require a separate item on the agenda. The Executive Chairperson shall annex, to such a request, a statement by the Federal Ministry of Defence and Sports, which has to include the ascertained facts and the reasons for the intended rejection of the appeal, as well as a proposed statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces.
(6) If a member’s inability to attend is already established at the time the meeting is convened, the respective substitute member shall be sent the necessary documents by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. Should an inability to attend develop at a later date, the respective member shall be required to forward the invitation and documents to the substitute member and to inform the Executive Chairperson or the Office of the Austrian Parliamentary Commission for the Federal Armed Forces of her/his inability to attend.
Meetings
section 8 (1) The Executive Chairperson shall open, chair and close the meeting after the agenda has been worked through. S/he may suspend the meeting for a short time, or adjourn it; the new date shall be fixed immediately, or communicated to the members of the Austrian Parliamentary Commission for the Federal Armed Forces by the Office separately.
Appendix Legal References
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(2) In case s/he is prevented from attending at short notice, the Executive Chairperson may entrust the deputy stipulated in section 1, para 6 with the tasks listed in para 1.
(3) The Austrian Parliamentary Commission for the Federal Armed Forces may agree on changing or amending the agenda.
(4) In the following cases a complaint – except for an ex officio investigation – shall not be dealt with and the procedure shall be ceased:
a) If a person ineligible for a complaint (section 2, para 1) has lodged a complaint,
b) if personal involvement (section 12, para 1, General Duty Regulations) cannot be proved,
c) if no military, work-related grievances are alleged. This is also the case if the complaint exclusively concerns civil service law-related matters of tenured or contractual civil servants (and no other military work-related grievances are alleged).
d) if the complaint is retracted of the complainant’s free will,
e) if in the case of complaint a recommendation has already been decided and there is no reason for reopening the same,
f) if the alleged grounds for complaint are negligible (section 4, para 4, first sentence, 2001 Defence Act),
g) if the limitation period has been exceeded (section 4, para 4, fourth sentence, 2001 Defence Act).
(5) In all other cases the complaint has to be dealt with materially. This also includes cases,
a) in which there is the formal possibility of appealing to the supreme courts or the independent administrative senates, which, however, have no material decision-making authority;
b) in which a deadline has expired so that further disciplinary or court procedures are not permissible.
If in a case of complaint there is also a disciplinary or court case pending, the complaint shall not be dealt with until the case is settled.
(6) If it falls within the Austrian Parliamentary Commission for the Federal Armed Forces’s competence, the Austrian Parliamentary Commission for the Federal Armed Forces shall deal with the complaint or the result of an ex officio investigation (examination, hearing, etc.). As regards the settlement thereof, the Austrian Parliamentary Commission for the Federal Armed Forces shall agree on recommendations, or, on the basis of a concrete case, a general recommendation.
(7) In case of complaints or of ex officio investigations, in which measures have already been taken by the Federal Minister of Defence and Sports or offices within her/his purview, an agreement shall be reached as to whether these measures are to be deemed adequate.
(8) All members of the Austrian Parliamentary Commission for the Federal Armed Forces are authorised to submit motions to be agreed on. The advisors shall be given
Appendix Legal References
49
the floor just as the other members, whenever they so wish. The advisors shall furthermore be obliged to provide information if members so wish.
(9) If the respective rapporteur or a member deems necessary an on-site investigation, the hearing of complainants or complainees or the summoning of witnesses or experts, they shall submit a pertinent request to the Presidium or during the meeting of the Austrian Parliamentary Commission for the Federal Armed Forces. In case of such a request having been granted, the Austrian Parliamentary Commission for the Federal Armed Forces shall determine a deadline for the implementation of the decision.
(10) The decisions taken by the members of the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to para 6 shall be signed by the members present at the meeting and subsequently forwarded to the Federal Minister of Defence and Sports.
(11) The stipulations of paras 7, 8 and 10 shall analogously apply to the procedure of agreeing upon a statement to be made by the Austrian Parliamentary Commission for the Federal Armed Forces pursuant to section 21, para 3, 2001 Defence Act. The meetings of the Austrian Parliamentary Commission for the Federal Armed Forces shall not be public.
Minutes of meetings
section 9 (1) Minutes shall be taken for every meeting of the Austrian Parliamentary Commission for the Federal Armed Forces, containing the names of those present and all decisions taken at the meeting and including, attached thereto, a copy of the agenda.
(2) If decisions are not taken unanimously, ays and nays shall be included in the minutes. Any member may have a detailed description of pros and cons brought forward by her/him for/against a motion entered into the minutes.
The minutes shall be examined for correctness by the Executive Chairperson and signed by her/him, as well as by the Head of the Office of the Austrian Parliamentary Commission for the Federal Armed Forces. It shall be available for inspection at the following meeting.
Annual report
section 10 (1) By the end of January of every year, the Executive Chairperson shall have sent a draft version of the report on the previous year’s activities and recommendations of the Austrian Parliamentary Commission for the Federal Armed Forces (section 4, para 5, 2001 Defence Act) to the members of the same.
(2) If the processing of complaints results in recommendations or observations with an importance extending beyond the individual case, then these, so as to prepare the annual report, shall be included in a note by the Office of the Austrian Parliamentary Commission for the Federal Armed Forces following a directive by the Executive Chairperson.
(3) The activities of the Austrian Parliamentary Commission for the Federal Armed Forces concerning statements pursuant to section 21, para 3, 2001 Defence Act shall be reported in a separate section.
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(4) The final version of the annual report, which takes members’ suggestions into consideration shall, after it has been agreed upon by the Austrian Parliamentary Commission for the Federal Armed Forces, be submitted to the Federal Minister of Defence and Sports no later than 1 March.
Appendix Belgrade Memorandum
51
Belgrade Memorandum
Belgrade, 15 April 2011
PROTECTING HUMAN RIGHTS OF ARMED FORCES PERSONNEL:
OLD AND NEW CHALLENGES
Belgrade Memorandum
1. The Belgrade Conference sought to progress the cooperation of the independent
institutions represented at the First and Second International Conference of
Ombudsman Institutions for Armed Forces. The Belgrade Conference specifically
sought to effect and enhance the aspirations expressed in the ‘Berlin Declaration’ and
the ‘Vienna Memorandum’ which had underlined the importance of the democratic
control of armed forces in countries with a democratic constitution through
transparency and focused on the many benefits which flow from this.
2. The Conferees at the Belgrade Conference confirmed the agreed objectives of the
two previous Conferences and endorsed the relevance and usefulness of the periodic
gatherings of the Ombudsman Institutions for Armed Forces.
3. Encouraged and inspired by the First and Second International Conferences of
Ombudsman Institutions for Armed Forces, the Conferees duly acknowledge the
Appendix Belgrade Memorandum
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contribution of these Conferences in not only raising the level of awareness of the
need for external democratic civilian oversight of armed forces but also of the criteria
necessary to enable the ombudsman institutions to provide a truly independent
review of and appeal from the internal military grievance procedures.
4. The Conferees are mindful of the diversity and the range of jurisdictional limits and
mandates in the many participating States.
5. They also confirm the relevance of standards of best practice in this area of work in
realizing rights for armed forces personnel as ‘Citizens in Uniform’.
6. The Conferees recognise the need to address the challenges in protecting the
human rights and fundamental freedoms of armed forces personnel at home and
when they are serving in multinational operations.
7. The Conference also addressed the topic of unions and other forms of professional
representative associations of armed forces personnel with a view to understanding
the extent of their role in protecting the working conditions and terms of employment
of members.
8. Respecting the differing Constitutional arrangements across States, the Conference
acknowledged the right of armed forces personnel to freedom of association whether
this is manifest through unions or representative associations.
9. The Conference shared the experience, wisdom, and expertise of the participants in
informing the discussion towards achieving comprehensive oversight and a rights-
centred approach to providing remedy and redress for the complaints and
grievances of members of armed forces.
10. Starting from the premise that ‘Justice delayed is Justice denied’, the Conferees
confronted the risk of over-arching jurisdictions between internal and external
oversight bodies tasked with representing and protecting the rights and welfare of
members of armed forces.
11. The Conferees advocate an alignment of the roles and responsibilities in order to
avoid ambiguity, to ensure that the members are not prejudiced by delays and to
provide unfettered access to the ombudsman institution.
12. The Conferees acknowledge the need for coherence and consistency in the
systems provided to ensure that the members of armed forces have confidence in the
Appendix Belgrade Memorandum
53
effectiveness of the oversight function of the ombudsman institution in identifying bad
practices or highlighting the systemic failure to implement good practices in the
treatment of members.
13. With due appreciation of the diverse legislative, regulatory and institutional
measures prevailing in the participating States, the Conferees opened up for
discussion topics which may assist in securing the essential elements, criteria, and
norms necessary for meaningful oversight and effective intervention.
14. The conference discussed the complexities of ombudsman institutions’ role in
multinational operations and recognized that this issue should be further discussed.
15. It was reiterated that ombudsman institutions, as guardians of fairness, must have
adequate powers of investigation with access to all necessary documentary
information, witnesses, and military installations in the course of their enquiries.
16. The Conference acknowledged the benefit in inviting States that wish to establish
democratic oversight of their armed forces to participate in the dialogue to provide
them with the benefit of the experiences from established ombudsman institutions,
insight into the challenges to be overcome and an appreciation of the positive
outcomes.
17. Participants stressed the importance of education on human rights among
members of armed forces.
18. Conferees agreed that large number of complaints submitted to internal and
external control and oversight mechanisms indicate vitality and strength of the
protection system and wide institutional commitment to respect for human rights,
rather then a problem. They also underlined that a member of armed forces who
submits a complaint in good faith must not suffer any negative consequences or be
subjected to punitive treatment for doing so.
19. In consideration of the shared objectives, through the sharing of information and
experience regarding the challenges in exercising democratic oversight of armed
forces, the Conferees:
* Support further discussion on the core issues, findings and recommendations of the
panels.
* Propose that in relation to international organization and while defining the mission
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54
and mandate of the multinational operations, clear mechanisms for the protection of
the human rights and fundamental freedoms of armed forces personnel serving in
these operations should be understood and promulgated.
* Accept the invitation to hold the next Conference in Ottawa in 2012.
20. The Third International Conference of Ombudsman Institutions for Armed Forces
was organized by the Protector of Citizens of the Republic of Serbia and the Geneva
Centre for the Democratic Control of Armed Forces (DCAF) with the support of the
Ministry of Defence of the Republic of Serbia in Belgrade, Serbia from 13 to 15 April
2011.
21. In order to foster the fruitful exchange of information and experience, the Geneva
Centre for the Democratic Control of Armed Forces (DCAF) circulated a questionnaire
to all of the participants in advance of the Conference with a view to including the
results of the survey in the Handbook for Ombudsman Institutions and the ombudsman
institutions website. Both projects will provide a source of reference and information
about the systems and arrangements in the wide range of States represented in the
Conference. The participants welcome these valuable projects as elaborated by
DCAF.
22. The ethos of the Conference and this Memorandum is guided by the principles of
the Universal Declaration of Human Rights.
Belgrade, 15 April 2011
Appendix Photographs
55
Photographs
Presentation of the Annual Report 2010 to the President of the National Council on 25 March 2011 and to the Federal Minister of Defence and Sports on 31 March 2011...................................................................56
Presentation of the Annual Report 2010 at a press conference in Parliament on 8 April 2011 ........................................................................................57
Discussion of the Annual Reports 2006 to 2009 in the National Defence Committee on 7 April 2011........................................................................................57
Visit to the Parliamentary Commissioner for the Armed Forces of the German Bundestag, Hellmut Königshaus, from 9 to 12 May 2011.......................58
Visit of the South African State Secretary in the Department of Defence, LTG T. T. Matanzima in Parliament, on 5 July 2011................................59
Meeting of the Austrian Parliamentary Commission for the Federal Armed Forces in Ried im Innkreis, from 13 to 14 October 2011 ............................60
Vienna Dialogues........................................................................................................60
Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces in the Parliamentary Reception Room on 22 November 2011...........................................................................................................61
Appendix Photographs
56
Presentation of the Annual Report 2010 to the President of the National Council on 25 March 2011 and to the Federal Minister of Defence and
Sports on 31 March 2011
Prof. Walter Seledec, President Anton Gaál, President of the National Council Mag. Barbara Prammer, former MP (National Council) Paul Kiss, and Mag. Karl Schneemann at the
presentation of the Annual Report 2010.
Chief of Cabinet Stefan Kammerhofer, Federal Minister of Defence and Sports Mag. Norbert Darabos, former MP (National Council) Paul Kiss and Mag. Karl Schneemann with the Annual
Report 2010 ‘hot off the press’.
Appendix Photographs
57
Presentation of the Annual Report 2010 at a press conference in Parliament on 8 April 2011
Mag. Karl Schneemann, former MP (National Council) Paul Kiss and President Anton Gaál present the Annual Report 2010 to the numerous journalists.
Discussion of the Annual Reports 2006 to 2009 in the National Defence Committee on 7 April 2011
Due to the National Council’s new Rules of Procedure, former MP (National Council) Paul Kiss, President Anton Gaál and Prof. Walter Seledec had, for the first time, the right to speak in the
National Defence Council.
Appendix Photographs
58
Visit to the Parliamentary Commissioner for the Armed Forces of the German Bundestag, Hellmut Königshaus, from 9 to 12 May 2011
President Anton Gaál, Parliamentary Commissioner Hellmut Königshaus, LTG Rainer Glatz, former MP (National Council) Paul Kiss, Prof. Walter Seledec, and Mag. Karl Schneemann in
front of the Bundeswehr Operations Command in Potsdam
Meeting of the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces with BG Dr. Erich Vad (fifth from left), military policy adviser in defence and security-
political matters to Chancellor Angela Merkel, in the Federal Chancellery in Berlin on 11 May 2011. (photo: Federal German Government)
Appendix Photographs
59
Visit of the South African State Secretary in the Department of Defence, LTG T. T. Matanzima, in Parliament on 5 July 2011
LTG T.T. Mantanzima and his staff with the Presidium of the Austrian Parliamentary Commission for the Federal Armed Forces
LTG T. T. Mantanzima during his meeting with Executive Chairman former MP (National Council) Paul Kiss.
Appendix Photographs
60
Meeting of the Austrian Parliamentary Commission for the Federal Armed Forces in Ried im Innkreis, from 13 to 14 October 2011
As part of their meeting in Ried im Innkreis the Austrian Parliamentary Commission for the Federal Armed Forces visited the soldiers of 13 Mechanised Infantry Brigade together with LTG
Mag. Othmar Commenda.
Vienna Dialogues
Ambassador Dr. Theodor Winkler, former MP (National Council) Paul Kiss, Prof. Walter Seledec, Founding Ombudsman for the Defence Forces Ireland Paulyn Marrinan Quinn, President Anton Gaál, Ms Maja Winler, Kjell Arne Bratli, Parliamentary Commissioner for the Norwegian Armed
Forces, Reinhold Robbe and Mag. Karl Schneemann in the Columned Hall of Parliament on 22 November 2011.
Appendix Photographs
61
Annual Reception of the Austrian Parliamentary Commission for the Federal Armed Forces in the Parliamentary Reception Room on 22
November 2011
Prof. Walter Seledec, President Anton Gaál, former MP (National Council) Paul Kiss and President of the National Council Mag. Barbara Prammer, welcomed a large number of
national and international guests.
former MP (National Council) Paul Kiss, GEN Mag. Edmund Entacher CHODS, and President Anton Gaál
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