Julian Hill (Bruce, Australian Labor Party) Share this | Link to this | Hansard source

I move:

The motion was unavailable at the time of publishing

It was three months ago—I think it was between Christmas and new year, if I recall correctly—that news broke that Australian citizens of Cambodian heritage, people who are resident here, I say at the outset, were being charged with fake crimes by the Hun Sen regime in Cambodia. They have been since tried in a Cambodian court. Their trials and the trials of hundreds of others are suspended at the moment due to COVID, in effect. We think they've been charged with incitement. The clock's not going, and we're not really clear. I thought we'd just throw that in, as a helpful tip! We're working as a team here!

We think they've been charged with incitement, but we're not really clear, because they've received no notification of the charges. They heard about them second-hand, third-hand, fourth-hand or in rumours transmitted on the internet, because the charge sheets were all nailed to the door of a banned political party in Phnom Penh. That's the extent of the legal due process and this farce that will ultimately, sadly, unless a political resolution is found, lead to a kangaroo court where they're tried, convicted, fined, banned and so on. They include constituents of mine and friends of mine: Mr Hong Lim, who served for over 20 years as a member of the Victorian state parliament, Hemara In and many other activists. And I know there are also people in New South Wales and elsewhere around Australia. Just be clear: these are Australian citizens. The aim of these charges is not to prosecute for real crimes. It's a tactic out of the authoritarian playbook of gangsters like Hun Sen to silence dissent, this time in diaspora communities.

I asked the Department of Foreign Affairs and other experts if this was a new thing. Is Hun Sen going to go to the international conference of gangster authoritarians and say: 'Look at this new tactic. Here's a PowerPoint slide on how to do it'? The answer was no; it's stuff we've seen before. I think Egypt might have used similar tactics some years ago, so it pops up every now and again. But it's not a tactic that democracies like Australia can or should ever accept. It's foreign interference. In effect, that's what it is; it is foreign interference with the right of our citizens here in Australia to freely express their minds. I ask every member to think about this. If someone like Hong Lim, who has served for 20 years as a representative in the Victorian parliament, can be charged with incitement simply for speaking up for democracy and human rights in Cambodia—Australia was a signatory to the Paris accords almost 30 years ago, where they signed up for democracy and human rights—then any member of this House who speaks up for democracy and human rights could be so charged. I think it's important, but, since that time, three months ago, what response have we had from the foreign minister? Nothing; absolutely nothing. To say I'm disappointed with that is an understatement. I've written to the foreign minister. My constituents have raised it with DFAT. I got a hearing from DFAT and her office. But this is a matter of principle. The precedent cannot be allowed to stand. We expect the foreign minister to speak up for these values and to shape and lead debate, not run away from it. I think the last time she was sighted in public was in the member for Gilmore's electorate, where she was challenged. The member for Gilmore turned up and she literally walked away, got in her car and drove back to Sydney.

When I first raised this matter publicly, Radio Free Asia interviewed one of the Cambodian government ministers and said, 'Well, that member of parliament doesn't represent the government's views. The government supports what we do, because the government just gave us $35 million.' We should have promised $35 million—it's for COVID—but we need the foreign minister to speak up at the same time and defend our values, lest our generosity be used as propaganda against us. To be clear: Australian citizens are subject to these charges. It is serious business. As a kangaroo court or whatever, it's all a bit funny. Well, it's not funny if you have a criminal record all of a sudden that you have to declare for the rest of your life and it's not funny if you want to travel anywhere in South-East Asia, China or much of the world that has extradition treaties with Cambodia. We need the government to take this seriously. They've had months. Go and talk to our friends and neighbours who are also subject to this. It's not a tactic that can be left to slide because the foreign minister is too busy or doesn't care. I believe she's someone who believes in and supports human rights—I'm told that consistently by people—but this is part of a much broader tactic, as the motion explains. There are hundreds of people around the world who have been subject to these charges in Cambodia, with many of them jailed, and around diaspora communities globally in these kangaroo courts. The only way to deal with this is to speak up and to work with like-minded countries.

The European Parliament passed a motion in the last few weeks and I've echoed many aspects of that motion here, on our Notice Paper, for our parliament to think about and debate. The United States government made a statement, but all we've had is silence from the Australian government. That's shameful. They're not our values. I don't believe that the member who will speak next shares authoritarian views on democracy and human rights. All we're asking is that the person who is charged with leading our foreign policy and speaking to the world speaks up and says something in defence of our values and my constituents.

Andrew Wallace (Fisher, Liberal Party) Share this | Link to this | Hansard source

Is the motion seconded?

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

I second the motion and reserve my right to speak.

Russell Broadbent (Monash, Liberal Party) Share this | Link to this | Hansard source

Mr Deputy Speaker, I thank you for the call on this very important motion put by the member for Bruce. Sovereign governments around the world are exactly that and we have to understand that, as a nation, we have some recourse through our foreign representations, be they at a department level or be they at a member of parliament to member of parliament level. It is noted that the member of parliament—in this case, Julian Hill, the member for Bruce—spoke out and therefore another member of parliament, in their parliament, was questioned and responded. So it's not as though we don't exist. We do exist. In that existence, we have a responsibility to every Australian citizen overseas, as they have a responsibility to understand when they go into certain countries, especially their previous country of native residence or their family's country of native residence, exactly what they're doing and what they may be faced with by the regime of that country.

Julian Hill (Bruce, Australian Labor Party) Share this | Link to this | Hansard source

They haven't been there—

Russell Broadbent (Monash, Liberal Party) Share this | Link to this | Hansard source

Thank you for informing me. I was only listening to what you were saying. It will please you no end that I was listening to what you were saying. In this case, as the member points out to me, they have been charged in their absence. Therefore, it is the intention of that regime to have an effect on what is happening with the diaspora here in Australia. I want to make the point that allegations such as these are inappropriate when they feed back into our sovereign nation. It should be known by those regimes that they have no right, no human right, to convict these people, as residents of Australia, in absentia.

I just want to defend the Minister for Foreign Affairs. I know it's fun to make personal attacks on ministers in this House and to suggest that they do not perform, but the fact is that, as you have just addressed, we care so much about the Cambodia people—not the regime, the Cambodian people—we are prepared as a nation to invest $35 million into their health and wellbeing around COVID. But I don't want to run out of time, because there's a lot to say on this issue.

I've been in and out of this place since 1990, more out than in. Recently I've stayed for a while. It's been at least a comfortable visit over the last few years! To my knowledge, in the times that I've been overseas—and I haven't been there with any of the members in the room at the moment—we have been highly regarded for our efforts in regard to human rights wherever we go. When I've been on delegations, they've thanked us for the efforts the nation has put in on behalf of especially minorities in countries. They know Australia cares. They know we take an interest. They know we do it at every level of our activity, at the top ministerial level, even at the prime ministerial level, at the cabinet ministerial level and the junior ministerial level, but especially at the DFAT level.

I've had occasion to interact with DFAT personnel outside of the structures of this parliament, particularly the committees, where I think they are inhibited, restricted and controlled as to what they can say and how they can say it, because they're following a strict departmental line. But when you meet them at a social gathering and are able to have a discussion about what they do, they're invigorated and excited about their work. Most parliamentarians never even find out what DFAT does. They wouldn't have a clue how effective our foreign interactions are on behalf of our nation. It's always an eye-opener to me how effective our foreign ministry is. I thank them, I applaud them and I honour them for the work that they do on our behalf, and I hope that they continue with everything that's been outlined here. I have a list of what we've done in regard to human rights regarding Cambodia.

This nation actually cares. We don't want these types of things to happen again. I applaud the motion from the member for Bruce. I support him in his work on behalf of the diaspora here in Australia. Thank you for the opportunity to speak on this issue.

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

'Liberal principles—political ideas that espouse the importance of individual liberties, minority rights and the separation of powers at all levels of government—are being pulled apart.' That's a statement by the US based Brookings Institution. It puts into perspective the grave human rights situation faced in many countries around the globe, with research indicating that after decades of expansion democracy is now entering a period of retreat. Clearly, Cambodia is not immune to that trend. On that note, I also thank the member for Bruce for his motion and for his ongoing advocacy, particularly in regard to human rights for the people of Cambodia. Like the member for Bruce and the member for Werriwa, I have been contacted by many members of the Cambodian diaspora who are worried about the deteriorating human rights situation in Cambodia.

The Cambodian elections in 2018 were nothing short of a sham. The reinstatement of the Hun Sen government's 33-year reign effectively returned Cambodia to a one-party autocratic state. The elections were neither free nor fair and failed to represent the genuine will of the Cambodian people, given the level of voter intimidation and the absence of any viable challengers. You will recall that the government arrested the opposition leader, Kem Sokha, dissolved the main opposition party and led an assault on media organisations and NGOs critical of government policies. The situation in Cambodia in terms of political and human rights developments remains highly repressive. The Hun Sen government has continued its crackdown against critical independent voices and forced the closure of many media outlets. The space for civil society also continues to be narrow, with significant limitation on freedom of expression, including the arrest and detention of a number of political activists, of whom I understand 60 remain in prison.

The COVID-19 pandemic has also been used by Hun Sen as a pretext to further his grip on power. In 2020, according to a Human Rights Watch report, the Hun Sen government repeatedly resorted to violence against protesters, opposition party members and ordinary citizens for peaceful expressions of their opinions. The Cambodian government has manipulated the situation involving the COVID-19 pandemic to enact a state of emergency law severely restricting ongoing civil liberty. It allows the granting of extensive powers to the Prime Minister, including bans on the distribution of information, intrusive surveillance on telecommunications and total control of the media. It also empowers the government to restrict movement and demonstrations, and it opens the way for unfettered aspects of government control.

If this wasn't enough, these laws are being imposed with disproportionate penalties, with Amnesty International noting that the legislation allows for prison sentences of up to 10 years on convictions. If that's not alarming enough, it is particularly problematic in Cambodia, where the courts essentially act on the whim of the government. The courts do not act with necessary judicial independence.

We now see the influence of, as has been spoken about, foreign interference, with the Hun Sen government even being played out here in our university campuses, business and charities, where support bases have been actively built for this Cambodian dictator. In February this year, Radio Australia reported on the multimillion-dollar investments being made in Australia by many of the Cambodian ruling elite over the last five years. On this note I call on the government to follow the lead of the United States and consider imposing targeted sanctions, including travel bans and asset freezes, against Cambodian political and military leaders who are found to be responsible for corruption and serious human rights violations. Clearly the situation in Cambodia is a perfect example of why it would be prudent to legislate Magnitsky-style legislation.

In the 1990s Australia played a leading role in helping transform Cambodia from a communist dictatorship to a multiparty to democracy. For the sake of humanity it's now time to show the same level of commitment.

Anne Stanley (Werriwa, Australian Labor Party) Share this | Link to this | Hansard source

I rise to speak on the motion identifying the harassment, intimidation and politically motivated criminal charges against the people of Cambodia by its government. Governments need to be challenged and democracies held to account. To silence any criticism and to censor any dissent is the work of an authoritarian government. It's easy to take for granted the openness in which democracy is practised here in Australia. It's also easy to forget that democracy and freedom from authoritarian rule must be fought for.

The politically motivated mass trials occurring in Cambodia are undemocratic, draconian and ultimately a blatant disregard of the human rights of those charged. By the end of last year, almost 130 people who openly criticised the government were charged with treason for passive, non-violent political activity. Many of those arrested are members of the sole opposition party in Cambodia, the Cambodian National Rescue Party.

Prior to the Cambodian election in 2018 Hun Sen, the Prime Minister and leader of the ruling Cambodian People's Party, fearing a potential challenge from opposition, began pressuring the media to refuse opposition air time. Following this, the opposition were forced by the Cambodian high court to disband the party. All lawmakers from opposition were removed from parliament. The explanation justifying the tyrannical act of arresting and imprisoning the opposition was conspiracy to commit treason and incitement to commit a felony. Prime Minister Hun Sen has been in power for 35 years and is known to frequently tread the waters of dictatorship. Now, he seems to have jumped into the ocean that is totalitarianism, winning the 2018 election—using an unfair and undemocratic election—with a landslide obtaining all seats. Obviously this election has been called a sham.

Sam Rainsy, the co-founder of the National Rescue Party, has been in exile since 2016, avoiding serving prison sentences for defamation and other charges. I had the pleasure of meeting Mr Rainsy in August 2019. Mr Rainsy, accompanied by a group of Cambodian activists, came to speak to me about the troubling situation in Cambodia. Many Cambodians in my community were on hand to see Mr Rainsy.

My community benefits from a strong and vibrant Cambodian diaspora. I've talked with many Cambodian people in my community and I've heard their stories. I spoke with one much older woman whose whole family except her was gunned down. She told me about the traumatic day she lost her family. She told me how she was alone waiting for someone to come and help her. Later she escaped to Australia and re-established her life here. However, her very sad story is all too common. They have seen what has happened in Cambodia before, and they are scared about what is happening now. Cambodians in my community are very concerned about the political situation in their home country and how it may still reach them here. They're concerned about the threats they receive from the Cambodian government—which, if correct, are simply unacceptable. Cambodia has also seen a marked increase in corruption. Transparency International's 2020 Corruption Perceptions Index ranks Cambodia 161st out of 180 nations.

I'm deeply concerned by the suppression of democracy in Cambodia and the conduct of the recent elections, and I, along with my Cambodian colleagues, have long supported a peaceful and democratic Cambodia. The development of strong democratic practices and institutions, including a free press in a civil society, is crucial to the country's long-term prosperity as it is for all free societies in the world.

As a longstanding friend of Cambodia, Australia must continue to urge the government to take steps to allow free and open political debate and participation without violence and intimidation. Australia should again show leadership to ensure that the promises made for fair and democratic elections in this country happen.

I'm concerned to see voices unfairly silenced, and I share the concerns with the member for Bruce and all those who've spoken on this motion. I note that the motion calls on the Australian government to examine the imposition of targeted sanctions, including travel bans and asset freezes, against political and military leaders who continue serious human rights violations. I thank all members and I thank my community for their support on this issue.

Julie Owens (Parramatta, Australian Labor Party) Share this | Link to this | Hansard source

We've been hearing for a couple of years now about attempts by the Cambodian People's Party to coerce students in Australia into supporting the party back in Cambodia. We hear about financial inducements, threats and threats against family at home—any way they can find to ensure that students in Australia and residents in Australia and citizens of Australia do not speak out against the government of Cambodia. Of course that is not acceptable, and can I quietly urge the government to be more active in this particular area of foreign influence, because we're talking here about some very young people in the early stages in their adult lives. They're trying to develop an education, trying to find their place in the world, in many cases trying to live in a new country, and they're feeling this incredible threat over their head on a daily basis. They tell me they literally look over their shoulder when they arrive home, to ensure that the garage door is closed before they get out of their car—things that we shouldn't have to do in this country.

This was brought to my attention—apart from what I'd been reading in the media—by a man in my community called Sawathey, who came here in the eighties. He's been here for quite a while. He's an extraordinary man, who came to Australia during the time of the Khmer Rouge and has built a life here. He established legal centres that gave legal advice to people who couldn't afford it. He has made an extraordinary contribution here and is trying to live his life here now, as a mature adult, and is still feeling the weight and the burden of his first country on him as he goes about his life here in Australia, and that's an extraordinary thing.

I just want to say to the people in this parliament and to those out there who have never fled a regime—and I'm one of them, by the way; I never have; I've lived in a country where you can decide to live a life and believe you can achieve it and choose to be here. Imagine if you'd fled a country that you loved, where your heart was, your memories were and, quite often, where your family is. You would not really be here until you could go home and you decided not to. While you can't go home, you don't really choose. And that's not me saying that they're not committed to Australia, because they are; refugees commit with their heads in a way that most of us don't and they make this life work. But it's like breaking up with a person you love. You break up twice: once when you break up and once again when you grieve for the fact that you wouldn't go back. When the people who come to Australia from violent regimes, traumatised, know that they could return, that's the moment when their lives settle.

For Cambodian refugees in Australia, that's probably not going to happen in their lifetime. But at least we—as people in power, in government—can listen to the thousands of Cambodians in this country who are saying they are afraid, who are saying that that history and their trauma continue through their life right now; that they can feel Cambodia reaching out into their community and tapping them on the shoulder; that they know people in the Cambodian community who observe them and who report on them and who threaten them. If we're not prepared to deal with that, we're not doing what we, as a responsible government and opposition, should do. We should be making sure that our Australian residents and citizens can live safely, and, if any foreign government is causing our residents to feel fear, we should be having something to say about it and we should be doing so in the strongest possible language.

We are an incredibly rich country because of the people who have come here and call Australia their home. We have the world in us. There isn't a country you'd rather be in at the moment, with the way the world is going global, with the way people cross borders, with the way they'll do that online and with the way businesses are no longer necessarily based in a geographic location. We have everything we need to flourish in this world, and part of that is because people have chosen to come here and live. They've had different experiences from the rest of us. And that sounds terrible—that's not the way I meant it. They have different experiences. Each group that comes has had different experiences, different language, different philosophy and different ways of perceiving the world. And we need to make sure that they can make the most significant contribution they can. In order to do that, they need to do it safely. We need to act on this. It's not good enough. So, again, I urge the government to have a look at this and take action.

Debate adjourned.