Lidia Thorpe (Victoria, Independent) Share this | Hansard source

This country signed on to the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, in the aftermath of the Holocaust. According to the convention, we have the duty to do everything in our power to prevent and punish genocide. But this country has a long history of failing to address genocide, and intentionally so.

Australia did not enshrine the convention in domestic law until 2002, when it criminalised genocide, crimes against humanity and war crimes—the very worst of humanity. The government at the time ensured that no such crimes before 2002 can be prosecuted here, a convenient way of washing its hands of historic acts of genocide. They also gave powers to the Attorney-General to approve or reject the prosecution of any genocide case here. This is known as the AG's fiat. This veto power undermines the very intent of the convention, where we all have a duty to prevent and punish the crime of genocide. There is not even a right to appeal the AG's decisions.

Given the potential of any government or its agencies to be involved in such crimes, this lack of accountability and transparency prevents justice being achieved. This has major impacts on our ability to prevent and punish genocide, crimes against humanity and war crimes, with unimaginable potential consequences. This is why today I will introduce a bill to remove the AG's fiat and get justice in this country. (Time expired)