Andrew Murray (WA, Australian Democrats) Share this | Link to this | Hansard source

My question is to Senator Faulkner, representing the Minister for Foreign Affairs. Minister, do you accept that the Zimbabwe government is no longer a legitimate government because it has violated the rule of law, created millions of desperate refugees, inflicted starvation on its people, inflicted grievous harm on its citizens and thrown aside basic democratic principles by declaring war if the MDC was victorious at the ballot box? Is the minister aware of the International Crisis Group’s ‘responsibility to protect’ doctrine, accepted as a general principle by the United Nations and others? I ask the minister whether he is aware of the ICG’s basic principle, and I quote:

... where a population is suffering harm, as a result of ... repression or state failure, and the state in question is unwilling ... to halt ... it, the principle of non-intervention yields to the international responsibility to protect.

Minister, now that it is obvious that the quiet diplomacy of South Africa and the SADC has failed, will the Australian government actively campaign for the implementation of the ‘responsibility to protect’ measures, meaning international and particularly African support for, to quote the ICG, ‘whatever measures—economic political, diplomatic, legal, security or in the last resort military—become necessary to stop mass atrocity crimes occurring’?

John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank Senator Murray for his question and I might commence my answer by briefly outlining the situation that exists, as I understand it, in Zimbabwe as I speak. As the Senate would be aware, the Movement for Democratic Change leader and presidential candidate, Morgan Tsvangirai, announced on 22 June that the MDC would withdraw from the presidential run-off election. As I said yesterday, he said he could not ask the people of Zimbabwe to cast their votes on 27 June when that vote would cost them their lives. Overnight, Mr Tsvangirai has sought and been granted refuge in the Netherlands’ embassy in Harare. I think these actions by the opposition are entirely understandable given the climate of fear and intimidation generated by state security forces in Zimbabwe and yesterday’s raid on the MDC headquarters in Zimbabwe, where I understand 60 women and children, themselves taking refuge, were taken into custody. As I have said on a number of occasions in this chamber, as the Prime Minister and the Minister for Foreign Affairs have said also on a number of occasions—and I know it is a view shared by members and senators across this parliament—Australia condemns absolutely the campaign of intimidation, violence and fear by the brutal Mugabe regime against its own people, the people of Zimbabwe, which has led to the prospect of this sham election.

Let me turn to the specific issues that Senator Murray asks in relation to the International Crisis Group and its ‘responsibility to protect’ doctrine, his concerns about the failure of quiet diplomacy on the part of South Africa and what this nation can do in the light of this failure. While I am aware of the doctrine, Senator, I might say to you I actually have not seen the most recent International Crisis Group report that you refer to. But of course I can say that Australia does support all efforts to resolve the crisis in Zimbabwe. South Africa, as the South African Development Community’s appointed mediator, has a central role in facilitating a solution with political groups in Zimbabwe. I wish to reiterate Australia’s support for African countries and organisations, particularly the SADC, that are doing all they can to assist the people of Zimbabwe and holding the Zimbabwean government to account for the atrocities that are currently taking place in that country. I can also say that Australia supports the calls by UN Secretary General Ban Ki-Moon and the President of Zambia for the presidential run-off election to be postponed. (Time expired)

Andrew Murray (WA, Australian Democrats) Share this | Link to this | Hansard source

Mr President, I thank the minister for his answer and I ask a supplementary question. Minister, as you would recognise, my thesis is that once a government becomes illegitimate it is time to up the ante. I ask the minister: are there any changes to Australian legislation or policy being contemplated by the government to implement ‘responsibility to protect’ measures and principles? If there are not, will the government undertake to have a look at them and report back to the Senate in due course as to whether they do intend to implement changes to Australian legislation or policy?

John Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank again Senator Murray for his supplementary question. I am not aware whether Mr Smith, the Minister for Foreign Affairs, is contemplating such action but I am certainly happy to take that element of your supplementary question on notice. I can say to Senator Murray that Australia of course cannot recognise as legitimate the outcome of any election which is held without the unfettered participation of the opposition or any election that is conducted within the context of violence or harassment. That is the situation that is being faced, as we speak, in Zimbabwe. Substantively, I will take Senator Murray’s specific question on notice. (Time expired)