Veronika Janyrova
"We see in many countries where spongy terrorism laws can lead: critics are intimidated, muzzled or imprisoned."
Annemarie Schlack, Amnesty Int.
2018 was on democratic peculiarities so far abundantly stocked. At the beginning of the year, the government was astonished - more or less - with a new edition of the "security package" which had led to heavy criticism in the previous year. All in all, 9.000 comments were submitted by citizens, NGOs and public authorities - more than ever before for a law. The core of this amendment to "effective action in the fight against serious crime and terrorism", as the government parties emphasized, is the use of state espionage software (Bundestrojaner).
The state now has the possibility to access all data and functions of mobile phones and computers - for example via WhatsApp, Skype, or the personal "cloud". Mind you, this requires an order by the public prosecutor and a court approval. Incidentally, on this occasion, the same secrecy of correspondence was softened, introduced the (event-related) data retention and strengthened the video surveillance in public space. The opposition and numerous NGOs saw this as a disproportionate interference with fundamental rights and freedoms, warned against abuses and spoke of "surveillance state".
No less strange is the current constitutional reform, according to which judicial districts can in future be determined by the federal government alone by ordinance. So far, the approval of the federal states and the adoption of a federal law was required for the determination of court cases. The Austrian judges association sees behind this change "a massive interference in the judiciary independence (and unavoidability) and thus also in the rule of law of Austria".
The media freedom is hardly cause for carelessness. Apart from an unprecedented concentration of media and financially starved editorial teams, the ORF has been subject to numerous political attacks since the beginning of the year. After all, this prompted 45.000 people to sign an appeal from the association "to get up!" In order to protest against the ORF's political affiliation.
Migration policy truly deserves its own chapter. Nevertheless, it should be mentioned here that the National Council decided in July to further tighten the law on aliens, which now allows the police to access mobile phones and cash from refugees. In addition, appeal periods were shortened, integration aids for German courses were shortened and legal advice for asylum seekers was nationalized. It is the 2005 since 17. Amendment of the law on foreigners.
A civil society made up of terrorists
The planned deletion of paragraph 278c Abs.3 StGB caused a collective erosion. It is a paragraph of the Criminal Code of terrorist activities clearly separated from civic engagement for democratic and constitutional relations, as well as for human rights. The deletion would have meant that, for example, democracy and human rights activities could be judicially classified as terrorists and also punished. What is pleasing about this case is that the government eventually ignored the deletion because of opposition from civil society, academia and the opposition. Amnesty International Austria counts - in addition to more democracy !, Alliance for Non-Profit, Social Economy Austria and the Eco-Office - to those NGOs, who followed the planned criminal law reform with eagle eyes. Managing director Annemarie Schlack recalls the autocratic tendencies in other countries: "We observe in many countries where spongy terrorism laws can lead: critics are intimidated, muzzled or imprisoned. The protection of human rights defenders in Austria would have been so severely weakened ".
A look to the east
The Visegrad states clearly show us where an autocratic and centralist policy can ultimately lead. Hungarian Prime Minister Viktor Orban, for example, is conducting a determined campaign against NGOs committed to human rights and democracy and supported from abroad. In the previous year, after Hungarian NGOs were required by law to disclose their foreign donations, a new NGO law was passed in June, which requires them to pay 25 percent of this amount to the Hungarian state. In addition, they must identify themselves in their publications as an "organization receiving foreign aid". These so-called "measures to protect the population" are officially justified by the fact that these NGOs "organize immigration" and thereby "want to permanently change the composition of the Hungarian population".
In Poland too, the government often and often disregards constitutional principles and human rights and tries to legislate against freedom of expression and assembly. Peaceful demonstrators are being prosecuted and non-government organizations harassed. However, after nine years of government and an absolute majority in both chambers, the ruling party "Law and Justice" (PiS) has apparently gambled away its electoral favors. Frustration over the arrogance of power led to a riot within the population and a determined spirit of optimism within civil society last year. Massive protests eventually led to the presidential veto of two out of three anti-democratic reform laws. In addition, during the protests, new organizations and democratic initiatives were created that also networked in a common organizational platform.
The Slovak civil society has also awakened after 2018 the journalist in February Jan Kuciak was killed. He was just discovering a corrupt network in which leading representatives of the Slovak economy, politics and justice served each other. Hardly anyone doubts that Kuciak was killed for his revelations. In response to the murder, the country was hit by an unprecedented wave of demonstrations. After all, this resulted in the resignation of the chief police chief, the prime minister, the interior minister and, ultimately, his successor.
In view of these problems, it is not surprising that the dissatisfaction of the Visegrad populations with the development of their democracy and their political situation is unprecedented in the EU. An international study also diagnosed countries with a "syndrome of helplessness" that spreads throughout society. Thus, as many as 74 percent of the population believe that power in their country lies entirely in the hands of politicians, and that the average person in that system is completely powerless. More than half even agreed with the statement that it was pointless to interfere in the political process and not a few are even afraid to express their opinions publicly. The prevailing sentiment that their democracies are fragile or even lost is further diminishing support for democracy and paving the way for populism and anti-democratic politics, the authors said.
While in Poland and Hungary, the population reacts with a stronger support for democracy, in the Czech Republic and Slovakia an equally strong appetite for "the strong man" can be found. This is also the case in Austria. While in this country, according to the SORA Institute, 43 percent of the population now consider a "strong man" to be desirable, in the Visegrad states it is only 33 percent.
The authors of a SORA study on the democratic awareness of Austrians also found that while support for democracy in Austria has decreased significantly in the last ten years, approval of a “strong leader” and “law & order” have increased significantly. Likewise, a general uncertainty and the impression that they have no say are spreading within the Austrian population. The conclusion of the authors is: "The higher the uncertainty, the more often the desire for a" strong man "for Austria."
Terrorists, what now?
From this realization and the years of research into the Austrian relationship to democracy, the scientific director of the SORA Institute Günther Ogris presented six theses on strengthening democracy in Austria. Education, historical awareness, the quality of political institutions and the media, social justice, but also respect and appreciation within the population play a key role in this.
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INFO: The following six theses to strengthen democracy for discussion,
by Günther Ogris, www.sora.at
education policy: Education plays an important role in democracy. The school can strengthen political competences, ie the skills to inform, discuss and participate. This function is divided into different subject areas and should be strengthened as a goal in ongoing educational reforms.
sense of history: The confrontation and reflection of one's own history demonstrably strengthens a democratic political culture, the ability to deal constructively with conflicts and differences. This potential can be exploited by further strengthening the teaching of contemporary history in all types of schools.
Political institutions: The political and political institutions have to constantly and repeatedly check their relations with the citizens: Where is it possible and meaningful to facilitate or strengthen participation, where is it necessary to improve one's own image, where can trust be won (back) ?
Media: The media, together with the political system, are in a crisis of confidence. At the same time, the way in which the media report on politics, discourse and compromise, as well as the interplay of institutions, has a significant impact on political culture. It is important to review and find new ways for media to exercise both their control role and to renew the foundations of trust in their work, which works only on a democratic basis.
The citizens: Unlike entertainment, politics is often complicated and exhausting. Yet, ultimately, it depends on the citizens and their discussions on how our democracy evolves: the interaction of government and opposition, checks and balances, the relationship between courts and the executive, media and politics, omnipotence and compromise.
Social justice, appreciation and respect: Insults, especially by increasing injustice of society but also by a lack of appreciation and respect, research shows, have a strong negative impact on the political culture. Those citizens who want to support and strengthen democracy are therefore today also confronted with the question of how social justice, esteem and respect can be strengthened in society.
Photo / Video: Shutterstock.
