Trent Zimmerman (North Sydney, Liberal Party) Share this | Link to this | Hansard source

I move:

That this House:

(1) notes:

(a) the strong multi-party commitment in Australia to see an end to the death penalty worldwide;

(b) that 10 October was World Day Against the Death Penalty, an important moment to mark our resolve to end capital punishment around the world;

(c) that the evidence overwhelmingly shows that the death penalty is not an effective deterrent to crime;

(d) that the death penalty is the ultimate cruel and inhumane punishment and Australia opposes its use in all cases;

(e) that the international trend shows the world is moving away from the death penalty—in 1977 only 16 countries had abolished the death penalty, now 140 nations have abolished capital punishment in law or practice;

(f) that despite this overwhelming trend, 2015 saw more people executed than in any year in the past quarter century, with executions carried out by several of Australia's neighbours and allies; and

(g) that Australia has the opportunity to influence progress towards the worldwide abolition of the death penalty in its relationships with key regional and global partners;

(2) welcomes the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade inquiry into Australia's Advocacy for the Abolition of the Death Penalty: A world without the death penalty (May 2016), and looks forward to the Government's response to its recommendations; and

(3) calls on the Government to:

(a) continue to strengthen its efforts to advocate for an end to the death penalty wherever it still occurs;

(b) support civil society efforts to advocate for an end to the death penalty, particularly in retentionist countries; and

(c) encourage other United Nations member states to support a global moratorium on the death penalty at upcoming United Nations General Assembly negotiations on a moratorium resolution.

'There is no place for the death penalty in the modern world. State execution is a barbaric act that demeans the state that carries it out. An eye for an eye leaves the world blind.' These were the opening words used by the former member for Berowra Philip Ruddock in his foreword to the parliamentary committee report into Australia's advocacy for the abolition of the death penalty, tabled in the last days of the 44th Parliament. It is appropriate that this new parliament commences with a recognition that Australia remains steadfast in its opposition to the death penalty for all crimes, in all nations, and that that cause enjoys bipartisan support.

Last week, many of us joined together to mark World Day Against the Death Penalty. I acknowledge the work of Amnesty International in bringing us together to reflect on the world's progress but also the challenges that lie ahead. International efforts to end the use of the death penalty have overall been incredibly successful. As this resolution notes, 40 years ago only 16 countries had abolished the death penalty. Today, capital punishment has been abolished in law or practice in 140 nations. Last year, four more nations joined the list of those abolishing the death penalty for all crimes.

Yet, like many things, progress has been marked by two steps forward and one step back. On the other side of the ledger, 2015 was a year in which over 1,600 people were executed in 25 countries. This represents a 50 per cent increase over the number of executions undertaken in 2014. These figures do not include the many hundreds, if not thousands, of executions that are believed to have been conducted in China but gone unreported. Nor do the figures include extrajudicial killings such as those that appear to be occurring with state sanction in the Philippines today. And around the world over 20,000 people remain on death row, many of them destined to die by lethal injection, beheading, flogging or firing squad.

My opposition to the death penalty is fundamentally born from the liberal values that have shaped my involvement in politics. It is axiomatic that any person who believes in the innate value of every individual should hold dear, at the apex of human rights, the value of life itself. In opposing the death penalty we recognise that to strip the dignity of one person by the hands of the law is to strip every person of that dignity. This alone is enough for me to oppose the death penalty.

It has been almost 50 years since Ronald Ryan became the last man to be executed in Australia. In abolishing capital punishment, our nation understood that violence does not remedy violence. Yet there are more temporal reasons to judge capital punishment unworthy of any nation's legal system. By its nature, it excludes the possibility of redemption and rehabilitation. It has often taken the lives of those who were subsequently found to be innocent. It often involves incredible cruelty and has no proven value as a deterrent.

In many countries people are killed following judicial processes that are clearly wanting. Often these deaths are the result of crimes that by any measure do not warrant the forfeiture of life itself. In some cases minors—just teenagers—and those with mental illness are executed. In 2004, Cameron Todd Willingham was executed in the United States for setting a fire that led to the death of his three young daughters. Further evidence showed he was innocent. In 2006, Angel Nieves Diaz was sentenced to lethal injection. It took 34 minutes and two doses to kill the man. In Iran, hangings are often public, with children and the general public as onlookers, with some aged as young as 15 sitting on death row.

The right to life is founded on universal values not insulated to our shores. We have an obligation as parliamentarians to support an end to the death penalty wherever it is used. In a time of international cooperation and global policing arrangements, Australia must be steadfast in its principles and act as a leader to end the death penalty worldwide. I am pleased that this is an issue that has been a priority for Australian governments of all persuasions for many years. We were a co-sponsor of the UN General Assembly's moratorium on the death penalty, which was successfully adopted in 2014.

In the months and days before two Australians were executed by an Indonesian firing squad in April 2015, our community was united in pleading and praying for mercy for Andrew Chan and Myuran Sukumaran. We stood as a country, knowing that violence does not end violence; knowing that the value of life trumps all; knowing that our civilisation values rehabilitation and justice, not retribution. We understand that the strength of our society comes not from our capacity to harm but from our courage to recognise the value of human life, even for those who have undertaken evil crimes. I commend the motion to the House.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Andrew Wilkie (Denison, Independent) Share this | Link to this | Hansard source

I second the motion and reserve my right to speak.

Chris Hayes (Fowler, Australian Labor Party) Share this | Link to this | Hansard source

I thank the member for North Sydney for giving the parliament the opportunity to consider this very important matter.

Last week we commemorated World Day Against the Death Penalty, with representatives of Amnesty International and many parliamentarians attending in the parliamentary courtyard. We lit candles in demonstration of our united front against the death penalty and pledged to continue our advocacy against those who continue this cruel, inhumane and degrading form of punishment.

As co-chair of Australian Parliamentarians Against the Death Penalty, firstly with the former member for Berowra, Phillip Ruddock, and now with Senator Dean Smith, I am committed to strengthening our public advocacy for the right to life, arguing that capital punishment has no place in modern society.

Most credible research indicates that capital punishment does not deter crime. The death penalty offers no observable change to criminal activity and only serves to satisfy the urge for vengeance. A 2009 survey conducted by the American Society of Criminology found that 88 per cent of criminologists did not believe the death penalty had any deterrent effect on crime.

One hundred and forty countries have now abolished the death penalty, compared with only 16 in 1977. However, according to the latest statistics published by Amnesty International, there has been a 54 per cent increase in executions across the globe since 2014. Although the majority of nations have now abolished the death penalty, five countries, including China, Iran, Saudi Arabia, Iraq and the United States, account for the majority of executions. While China keeps its numbers secret, according to Amnesty International it is suggested the Chinese figure is in excess of 2,000 people per annum.

Last year two Australians, Myuran Sukumaran and Andrew Chan, were executed in Indonesia. For many of our citizens, this was probably the first time they had thought seriously about, or been confronted by, the death penalty abroad. The reality is that there are still 17 Australians on death row in foreign countries as we speak.

In May the Joint Standing Committee on Foreign Affairs, Defence and Trade presented a report to the Australian parliament entitled A world without the death penalty: Australia's advocacy for the abolition of the death penalty. I gave evidence to that committee regarding the importance of active participation in this debate and being prepared to assert our values when engaging with foreign governments. The report makes several important recommendations which I fully support, including that Australia should allocate additional resources in support of worldwide abolition of the death penalty. I agree with Amnesty International's view that Australia, and particularly those of us privileged enough to hold public office, should continue to build upon efforts to end the death penalty, particularly in our region.

I am happy to support the government's quest for a seat on the United Nations Human Rights Council, for amongst other things it would serve as a platform to pursue the worldwide abolition of the death penalty and assist in strengthening the yes vote for the 2016 United Nations General Assembly's death penalty moratorium resolution. I am proud of the bipartisan commitment by members of this parliament to abolishing capital punishment, and I look forward to a world free of the death penalty.

I would like to conclude with the words of former Chief Justice of the South African Constitutional Court, Ismail Mahomed, who said this:

The death penalty sanctions the deliberate annihilation of life …

It is the ultimate and the most incomparably extreme form of punishment … It is the last, the most devastating and the most irreversible recourse of the criminal law, involving as it necessarily does, the planned and calculated termination of life itself; the destruction of the greatest and most precious gift which is bestowed on all humankind.

The death penalty has no place in the modern world and we need to work together to ensure that no more lives are lost through this cruel, barbaric and inhumane practice.

Andrew Wilkie (Denison, Independent) Share this | Link to this | Hansard source

I am pleased to speak on the motion moved by the member for North Sydney in recognition of World Day Against the Death Penalty. As one of the co-convenors of the Amnesty International Parliamentary Group, I know that this issue is one that has strong support from across the parliament, including from my fellow co-convenors the member for North Sydney, the member for Scullin and Senator Rice.

The death penalty is patently abhorrent, a shocking abuse of the power of the state and deeply unethical. It simply has no place in the justice system of any civilised country, not least because it deprives people of one of the most basic human rights, the right to life. Indeed, it is entirely fruitless as a deterrent to crime given that there is no evidence to prove that it deters people any more than imprisonment. The death penalty is also entirely at odds with international law. For instance, it is contrary to the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights. The fact that other countries think it is okay is nothing short of appalling.

Thank God, then, that the world has made great progress on moving away from the death penalty. Indeed, 140 nations have now abolished it, compared to only 16 countries just under 40 years ago. But, despite this good news, in 2015 more people were executed than in any year in the past 25 years—a total of 1,600 people, at an average rate of over four people a day. And this was not only in horrid places like North Korea, because some of the biggest economies in the world and some of Australia's closest allies still practise capital punishment, including Indonesia, China, India, Japan and the United States. Many countries still implement the death penalty for drug offences, including the United Arab Emirates, Sri Lanka and Vietnam. In fact, in some countries like Iran, Malaysia and Singapore it is the only sentence for drug offences.

Moreover, in Japan there are 13 prisoners on death row for their role in the sarin gas attacks in the Tokyo subway system in 1995. Of course none of us excuse this despicable crime, but it is never okay for the state to take a life as a form of punishment. In Pakistan, Imdad Ali is on death row for the murder of a religious teacher in 2001 despite being diagnosed with a mental disability and the fact that international law clearly prohibits the use of the death penalty against people with mental or intellectual disabilities. Of course, the recent execution in Indonesia of drug traffickers Andrew Chan and Myuran Sukumaran put the death penalty back on the agenda in Australia.

Australia obviously has the opportunity to influence these recalcitrant countries and we can do that through our diplomatic relations with the rest of the world, especially with some of our closest neighbours and trading partners in the Asia-Pacific region. That is why, like my colleagues who have supported this motion, I call on the government to encourage other countries to support a resolution for a global moratorium on the death penalty during the upcoming United Nations General Assembly negotiations.

But we need to do more, like telling specific countries both publicly and privately that capital punishment is never acceptable. The fact that some countries like China are important to Australia's economy does not mean they should get off lightly. Indeed, the reality is quite the opposite. The significant bilateral economic relationship we have keeps us noticed and more influential than we would otherwise be.

I applaud Amnesty International for their hard work and advocacy on this issue, and I again thank my fellow co-convenors of the Amnesty International Parliamentary Group and members from across the parliament for supporting this motion. I was also pleased to join Amnesty and parliamentary colleagues last week on World Day Against the Death Penalty for a candlelight vigil here in the parliament.

Australia has the opportunity to be a global leader in the campaign against the death penalty. We know that the death penalty lacks popular support and so it is the job of all of us to keep up the pressure. Just as most if not all grave injustices are righted eventually, I hope, as I am sure many others in this place hope, that one day we will see a world where the death penalty is abolished for good.

David Feeney (Batman, Australian Labor Party, Shadow Minister for Justice) Share this | Link to this | Hansard source

Can I begin by thanking the member for North Sydney for putting forward this motion. I would also like to acknowledge the work of the Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade on their report A world without the death penalty. The cross-party support for abolishing the death penalty speaks to the strength of Australia's commitment to this cause. It transcends governments and political orientations because the death penalty is so abhorrent to our common understanding of justice and humanity.

The arguments against the continued use of the death penalty are compelling and they are numerous. First and foremost, state-sanctioned killing as a part of the justice system is abhorrent to the values of a peaceful democratic nation. The right to life is enshrined in international law. It is an international norm that we have an obligation to promote.

There is no evidence that the death penalty operates as a unique deterrent, and the cost of an incorrect sentence is so very high. The justice system is fallible, no matter how robust the processes. The death penalty is an irreversible punishment that cannot be amended and cannot be removed. This inevitably results in the state-sanctioned execution of innocents.

Australia has long supported the abolition of the death penalty, and we have a strong history of advocacy that we can be very proud of. Over the decades there has been a significant movement away from the use of the death penalty, with some 124 nations abolishing capital punishment in law or practice between 1977 and 2015.

However, we cannot become complacent or reduce the vigour with which pursue this issue. There remain 56 countries that actively retain the death penalty; sadly, many of these nations execute hundreds of people per year. What is more, 2015 saw the highest number of recorded executions worldwide since 1989. Last year, the continued use of the death penalty in other nations really hit home in Australia with the barbaric executions of Andrew Chan and Myuran Sukumaran. As we acknowledge World Day Against the Death Penalty, we also mark our resolve as a parliament—and, indeed, as a nation—to bring an end to the death penalty in our region and across the world. I join my colleagues in calling on the government to continue strengthening our efforts to bring an end to the use of the death penalty where it still occurs.

Australia is in a strong position to make a real difference in this debate by supporting civil society in retentionist nations and through multinational platforms like the United Nations. In particular, Australia's bid for the United Nations Human Rights Council offers us a unique platform to take a leadership role on this issue.

I believe we have a particular obligation to pursue this issue with our friends—our friends and allies in the Indo-Pacific and the United States. While it is said that true friendship means being able to disagree, I believe it also means telling your friends when they are wrong. We have an obligation to make the case to bring an end to the use of the death penalty. Australia can and should do more.

Rob Mitchell (McEwen, Australian Labor Party) Share this | Link to this | Hansard source

The time allotted for this debate has expired. The debate is adjourned and the resumption of the debate will be made an order of the day for the next day of sitting.