Slavery Abolition In Austria: A Historical Overview

The history of slavery in Austria is complex and multifaceted. While there is limited information available specifically on Austria, it is known that slavery was abolished in the country in 1812 with the Austrian Civil Code. However, it is important to note that serfdom, which can be considered a form of slavery, continued until it was fully abolished in 1848 during the revolutions. Additionally, there is evidence of slave labour in Austria during World War II, with the Austrian government addressing this issue by establishing the Austrian Fund for Reconciliation, Peace and Cooperation in 2000 to provide compensation to former slave labourers.

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Slavery was abolished in 1812 with the Austrian Civil Code

Slavery in Austria was abolished in 1812 with the Austrian Civil Code. This was a significant step forward in recognising the freedom and rights of individuals. Article 16 of the Civil Code, enacted on June 1, 1811, specifically states that slavery, serfdom, and any power derived from it are not permitted in Austria. This marked a turning point in the country's history, setting the foundation for a more just and equitable society.

The Austrian Civil Code's abolition of slavery was a powerful statement against the practice of forcing individuals into servitude and treating them as property. It affirmed the principle that all people are born free and equal, with inherent rights and dignity that cannot be taken away. This fundamental shift in legal and societal perspective laid the groundwork for further advancements in human rights and civil liberties in Austria and beyond.

While the 1812 Austrian Civil Code abolished slavery, it is important to note that serfdom, a form of bonded labour or semi-feudalism, persisted in Austria until 1848 when it was finally eradicated by the revolutions of that year. Serfdom, while not outright slavery, restricted personal freedom and economic opportunities, and its abolition represented another crucial step toward the complete eradication of forced labour and exploitation in Austria.

The issue of slavery and forced labour has been addressed in Austrian domestic legislation through various provisions in the Criminal Code. Section 104 criminalises deprivation of liberty, slave trafficking, and causing individuals to be brought into slavery-like situations. These provisions demonstrate Austria's commitment to combating modern forms of slavery and ensuring the protection of human rights for all individuals within its borders.

In recent years, Austria has also taken steps to address historical instances of slavery and forced labour. In 2000, the Austrian government commissioned historians to research slave and forced labour in the country during World War II. This led to the establishment of the "Austrian Fund for Reconciliation, Peace and Cooperation," approved by the Austrian parliament, with an estimated 150,000 survivors eligible for compensation, including approximately 10,000 Jewish survivors.

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Serfdom was only abolished in 1848

While slavery was abolished in Austria in 1812 with the Austrian Civil Code, serfdom—a form of slavery itself—persisted until 1848. Serfdom was a system of labour and tenure that granted land tenants certain privileges, such as the right to live and work on an estate, in exchange for their labour and services. Serfs were considered part of the land and could be bought and sold along with it.

Serfdom was a prevalent system in medieval Europe, and its abolition was a gradual process that spanned centuries. The persistence of serfdom in Austria until 1848 indicates a delayed emancipation compared to other European countries, where serfdom was largely eradicated by the end of the Middle Ages.

The delay in abolishing serfdom in Austria can be attributed to various factors, including the social and economic structures in place at the time. Serfdom was deeply entrenched in the feudal system, and the Austrian nobility relied heavily on the labour and services provided by serfs. Additionally, the Austrian Empire, which included the Kingdom of Hungary, had a complex history of slavery and serfdom.

In the Kingdom of Hungary, which was part of the Austrian Empire, Romani slavery was a notable practice. Under Hungarian rule, Romani people were enslaved and owned by Romanian boyars, monasteries, and estates. This form of slavery persisted until the 18th century when Austrian occupation and reforms brought an end to it.

It is important to note that even after the official abolition of serfdom in 1848, the legacy of slavery and serfdom continued to shape Austrian society. The impact of these systems can be seen in the subsequent history of forced labour and slave-like conditions, particularly during World War II, when the Austrian government commissioned historians to research slave and forced labour in the country during that period.

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There is no legislation in Austria that prohibits servitude or forced labour

While slavery in Austria was abolished in 1812 with the Austrian Civil Code, there is no current legislation in the country that explicitly prohibits servitude or forced labour. This means that there are no specific laws in place that directly address and ban these practices. However, other laws and provisions in the Austrian legal framework offer some protection against slavery-like situations.

For example, Article 18 guarantees every Austrian national the right to choose their vocation and train for it freely. This implies a protection against forced labour or servitude, as individuals have the legal right to choose their occupation without coercion. Additionally, Article 16 of the Civil Code, dated June 1, 1811, states that slavery, serfdom, and any power derived from it are not permitted in Austria. Despite the lack of contemporary legislation specifically targeting servitude and forced labour, this article from over two centuries ago provides a legal foundation for the country's stance against slavery.

Furthermore, Section 104 of the Criminal Code addresses institutions and practices akin to slavery. It criminalises the deprivation of liberty in slavery-like situations and penalises those who cause others to be brought into such circumstances. This section also includes provisions related to human trafficking, with a 2018 amendment criminalising transnational prostitution, which can be applied to sex trafficking cases. These provisions demonstrate Austria's recognition of the issues surrounding modern slavery and its efforts to address them through legislation.

However, the absence of explicit and comprehensive legislation specifically prohibiting servitude and forced labour in Austria is a notable gap in their legal framework. This gap could potentially hinder the country's ability to effectively address and eradicate these practices. It is important for countries to have up-to-date and comprehensive laws that directly address modern slavery in all its forms, ensuring that loopholes or ambiguities do not exist that could be exploited by perpetrators.

In conclusion, while Austria has taken steps to address slavery-like practices through various provisions in its legal code, the lack of contemporary and explicit legislation specifically prohibiting servitude and forced labour is a concern. To strengthen their commitment to combating modern slavery, it would be beneficial for Austria to enact comprehensive laws that directly address and criminalise these exploitative practices.

Slave trafficking carries a sentence of 10-20 years' imprisonment

Slavery was abolished in Austria in 1812 with the Austrian Civil Code, though serfdom continued until 1848. Article 16 of the Civil Code of 1 June 1811 states that "slavery and serfdom and the exercise of any power based thereon shall not be allowed in Austria".

Despite this, there is evidence that slavery and forced labour continued in Austria during World War II. In 2000, the Austrian government commissioned historians to research slavery and forced labour in Austria during the war. Following this, the Austrian parliament approved a fund entitled the "Austrian Fund for Reconciliation, Peace and Cooperation", which aimed to compensate former slave labourers.

Austrian law now reflects the country's historical commitment to abolishing slavery. Slave trafficking, for instance, carries a sentence of 10-20 years' imprisonment. This is outlined in the Austrian Criminal Code, which criminalises the deprivation of freedom in the form of slavery-like situations and causing a person to be brought into a slavery-like situation.

The Criminal Code also addresses trafficking in persons, which is covered in section 104a. Additionally, the 2018 amendment to the Criminal Code, which criminalises transnational prostitution, could be applied to sex trafficking cases.

It is important to note that the punishment for slave trafficking or depriving someone of their personal liberty in the form of slavery is the same as that for causing someone to be brought into a slavery-like situation. This demonstrates Austria's comprehensive approach to combating modern slavery and protecting the freedom and rights of its citizens.

In 2000, the Austrian government commissioned historians to research slavery and forced labour in Austria during World War II —sources indicate that slavery was practised in Austria during this period

In 2000, the Austrian government commissioned historians to investigate slavery and forced labour in Austria during World War II. This decision was influenced by Germany's efforts to address compensation for former slave and forced labourers under the Nazis. The historians' reports, issued the same year, revealed the extent of Austria's involvement in these practices during the war.

During World War II, Austria was a part of Nazi Germany, and a significant portion of the Austrian population supported the Nazis. Approximately 950,000 Austrians fought for the Nazi German armed forces, and many others participated in the Nazi administration, including death camp personnel and senior Nazi leadership. The majority of bureaucrats who implemented the Final Solution were Austrian. Additionally, historians have estimated that there were around 100,000 Austrian opponents to the regime, who were convicted and imprisoned.

The use of slave labour and forced labour was a widespread practice in Nazi Germany, and it is believed that this practice extended to Austria as well. One example of this was the use of Polish Jews and Poles as forced labourers in Germany. Historian Jan Gross estimates that "no more than 15 percent" of Polish workers voluntarily went to work in Germany. These labourers faced harsh conditions, receiving lower wages and being subjected to restrictions on their movement and access to public spaces. They were also required to wear badges identifying them as Polish.

The Austrian government's decision to commission historians to research slavery and forced labour in Austria during World War II was a significant step towards acknowledging the country's role in these practices and providing compensation to the victims. The Austrian parliament approved the creation of the "Austrian Fund for Reconciliation, Peace and Cooperation" in November 2000, with assets totalling about $420 million. This fund was established to provide compensation to former slave and forced labourers, with an estimated 150,000 survivors eligible for payment, including approximately 10,000 Jews.

While slavery was officially abolished in Austria in 1812 with the Austrian Civil Code, the practice of forced labour and slavery-like situations continued to persist, as evidenced by the World War II investigations.

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