Senate debates

Tuesday, 4 February 2025

Committees

Foreign Affairs, Defence and Trade Joint Committee; Report

5:37 pm

Photo of Dean SmithDean Smith (WA, Liberal Party, Shadow Assistant Minister for Competition, Charities and Treasury) Share this | Hansard source

I rise to take note of the report from the Joint Standing Committee on Foreign Affairs, Defence and Trade on an inquiry that I had a privilege of serving on as Deputy Chair. I move:

That the Senate take note of the report.

Few issues go as directly to the core of human rights and justice as the abolition of the death penalty. The right to life is fundamental, and Australia has long upheld the position that capital punishment has no place in a just, humane and civil society. Yet, while our nation abolished the death penalty decades ago, it remains entrenched in many parts of the world, including in many neighbouring regions. This inquiry reaffirmed what we already know: the death penalty is an irreversible and deeply flawed punishment; it is applied disproportionately to the poor and the vulnerable; it is often imposed in legal systems where due process is absent or unreliable; and, as wrongful convictions throughout history have shown, once it is carried out, there is no remedy, no reversal and no second chance.

Australia has a longstanding commitment to opposing the death penalty, but opposition alone is not enough. This report highlights the importance of active and consistent advocacy, particularly in the Asia-Pacific region, where countries such as Indonesia, Singapore and Malaysia continue to impose capital punishment. And it has to be said how disappointed this parliament is at the execution of a Taiwanese citizen just last month, Taiwan's first execution in five years.

The committee's recommendations provide a clear path forward. First, we must embed opposition to the death penalty in Australia's diplomatic and trade relationships, ensuring that abolition remains a key human rights priority. Second, we must review our law enforcement corporation agreements, ensuring that Australian intelligence or assistance is never used in cases that could lead to an execution. Third, we must continue building international coalitions, using our voice to push for reform at every opportunity within the United Nations, through bilateral engagements and in regional forums.

These are, of course, not abstract principles. We saw firsthand the human cost when Australians Andrew Chan and Myuran Sukumaran were executed in Indonesia despite repeated appeals for clemency. Their deaths sparked national debate, reminding Australians of the moral imperative to oppose state sanctioned killing. We cannot afford to be complacent.

The international trend is clear: the world is moving away from capital punishment, with over 70 per cent of nations either having abolished it or no longer carrying out executions. Australia must ensure that progress continues and accelerates. I commend this report to the Senate and urge my colleagues to reaffirm Australia's unwavering commitment to abolition, not just in words but through action. I seek leave to continue my remarks later.

Leave granted; debate adjourned.

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