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CERCLE DIPLOMATIQUE - issue 02/2016

CD is an independent and impartial magazine and is the medium of communication between foreign representatives of international and UN-organisations based in Vienna and the Austrian political classes, business, culture and tourism. CD features up-to-date information about and for the diplomatic corps, international organisations, society, politics, business, tourism, fashion and culture. Furthermore CD introduces the new ambassadors in Austria and informs about designations, awards and top-events. Interviews with leading personalities, country reports from all over the world and the presentation of Austria as a host country complement the wide range oft he magazine.

CD is an independent and impartial magazine and is the medium of communication between foreign representatives of international and UN-organisations based in Vienna and the Austrian political classes, business, culture and tourism. CD features up-to-date information about and for the diplomatic corps, international organisations, society, politics, business, tourism, fashion and culture. Furthermore CD introduces the new ambassadors in Austria and informs about designations, awards and top-events. Interviews with leading personalities, country reports from all over the world and the presentation of Austria as a host country complement the wide range oft he magazine.

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LE MONDE ESSAY<br />

Austria‘s neutrality in changing times -<br />

adaptation and continuity<br />

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After the Cold War in Europe, Austria’s neutrality had survived as a political and<br />

legal institution beyond just military non-alignment in Europe.<br />

Dr. Hans Winkler<br />

Director of the<br />

Diplomatic Academy<br />

of Vienna<br />

is a former Austrian<br />

diplomat and Secretary of<br />

State.<br />

Upon graduation from the<br />

University of Vienna (Dr.<br />

iuris) and the Diplomatic<br />

Academy of Vienna, Hans<br />

Winkler began his career in<br />

the Austrian foreign<br />

ministry in 1970. In 2005,<br />

Winkler was appointed<br />

Secretary of State in the<br />

Ministry for European and<br />

International Affairs, a<br />

position which he held until<br />

December 2008. On 1 April<br />

2009, Winkler was<br />

appointed Director of the<br />

Diplomatic Academy of<br />

Vienna.<br />

A<br />

researcher from the prestigious University of<br />

Oxford, who is writing a book on neutrality<br />

after the Cold War in Europe, recently asked<br />

me about the Austrian practice of neutrality since the<br />

fall of the Iron Curtain. He was puzzled that neutrality<br />

had survived as a political and legal institution beyond<br />

just military non-alignment in Europe and wondered<br />

why Austria finds it so difficult to make a<br />

complete transition from neutrality to non-neutrality.<br />

To understand why Austrians today still hold<br />

neutrality in high esteem and why neutrality is still a<br />

relevant and constructive and appropriate security<br />

strategy, it is useful to recall the origin of Austria’s<br />

permanent neutrality.<br />

Austria declared its ”Permanent Neutrality“ by<br />

way of adoption of a constitutional law on 26 October<br />

1955 “by its own free will”. This made it clear that<br />

Austria’s neutrality was not imposed by the victorious<br />

Allies and not guaranteed by them, in particular<br />

not by the Soviet Union. Of course, the adoption of<br />

the status of neutrality was, in a way, the “price” Austria<br />

had to pay for achieving what it had tried to obtain<br />

in vain for more than 10 years: to regain full independence<br />

and sovereignty after the defeat of Nazi<br />

Germany.<br />

The Soviet agreement to grant Austria full independence<br />

in 1955 had of course to do with the global<br />

political situation and was part of the larger strategic<br />

<strong>issue</strong>s of the Cold War. Following Stalin‘s death in<br />

March 1953, the Austrian government, headed by<br />

Federal Chancellor Julius Raab, sought to break the<br />

stalemate by proposing that Austria would not join<br />

any military bloc. This was significant as both, the<br />

Western Allies and the Soviet Union, feared that the<br />

other side was preparing to incorporate its respective<br />

occupation zones into its military bloc.<br />

On 15 May 1955, the State Treaty was finally signed.<br />

Austria’s permanent neutrality, a specific prohibition<br />

to join military alliances and a ban on foreign<br />

military bases in Austria, was not included in the<br />

State Treaty (the word neutrality does not appear)<br />

but incorporated into the Austrian constitution by<br />

the Constitutional Law on the Permanent Neutrality<br />

of Austria on 26 October 1955.<br />

Even today, many Austrians associate, in their<br />

minds, the status of their country as a permanently<br />

neutral state with the remarkable political, economic<br />

and social success in the years following the conclusion<br />

of the State Treaty. From the beginning, two things<br />

were clear: that Austria would ideologically be firmly<br />

rooted in the family of Western pluralistic democracies<br />

and that Austria would not be prevented from participating<br />

in the economic integration of Western Europe,<br />

including participation in the Marshall Plan, and Austria<br />

together with other European neutrals also joined<br />

the European Free Trade Association (EFTA).<br />

Immediately after the conclusion of the State Treaty,<br />

Austria – contrary to neutral Switzerland – became<br />

a member of the United Nations and also joined<br />

the Council of Europe. Austria believed that the system<br />

of collective security in the UN Charter was<br />

compatible with its status as a permanently neutral<br />

country and membership in the Council of Europe<br />

was seen as representing the democratic and human<br />

values, which Austria has chosen to fully embrace.<br />

On the economic side, the free trade agreements<br />

concluded between Austria and the EC in 1972 were<br />

regarded as a sufficient basis for economic cooperation<br />

with the Community over the next 15 years. It<br />

was only in the late 1980s that the question of joining<br />

the EC was raised again. On 17 July 1989, Foreign<br />

Minister Alois Mock submitted Austria‘s application<br />

for EC membership. The question at the time was<br />

whether Austria should make a formal reservation as<br />

to its neutrality. In the end, no such reservation was<br />

made but it was made clear that Austria would join<br />

as a neutral country while still willing to comply with<br />

all obligations resulting from membership in the EU.<br />

It would remain a neutral country, both in a constitutional<br />

as well as in an international law sense.<br />

PHOTO: ERNST WEINGARTNER<br />

From the Austrian experience with its status of<br />

neutrality, one can draw some general conclusions<br />

about neutrality and the foreign and security policy<br />

that goes with it.<br />

Neutrality can come in very different formats and<br />

countries choosing to adopt the status of neutrality<br />

remain free to interpret neutrality according to the<br />

respective country’s requirements. The following<br />

features are pertinent when interpreting the Austrian<br />

experience with its permanent neutrality:<br />

• Neutrality is a foreign and security policy strategy<br />

aimed at the promotion of international peace and<br />

the peaceful settlement of disputes. Armed conflict is<br />

anathema to the neutrality policy and the neutral<br />

state must do everything in its power to prevent international<br />

armed conflicts.<br />

• The foreign policy of a neutral state must be credible<br />

and must be seen as serving international peace<br />

and security by the community of states at large. As<br />

such, the neutral state is well-equipped to render services<br />

to the international community, for example by<br />

serving as a mediator or as place for international<br />

negotiations as recent events have shown. A neutral<br />

state is also ideally suited to serve as the headquarters<br />

of international organisations.<br />

• The neutral status does not prevent a state from<br />

freely choosing its political and constitutional system.<br />

There is no obligation to remain ideologically<br />

neutral for a neutral state.<br />

• The status of neutrality does not prevent a neutral<br />

state from being part of regional arrangements, including<br />

those which also play a role in security matters,<br />

such as the EU and OSCE.<br />

• Neutrality is no obstacle to full participation in a<br />

system of collective security as in the Charter of the<br />

United Nations. Austria, therfore, has participated in<br />

numerous international peace-keeping missions.<br />

This has been seen from the beginning as a valuable<br />

contribution of a neutral state to the maintenance of<br />

peace and international security.<br />

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48 44 Cercle Diplomatique 2/<strong>2016</strong>

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