Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the Senate—

(a)

notes that:

(i)

the Socialist Republic of Vietnam continues to apply the death penalty, with at least 19 reported executions in 2008 alone,

(ii)

the right to life is a fundamental human right recognised in:

(a)

the Universal Declaration of Human Rights, to which both Australia and Vietnam are parties, and

(b)

the International Covenant on Civil and Political Rights, to which both Australia and Vietnam are parties,

(iii)

respect for human life and dignity are values common to Australia and Vietnam,

(iv)

abhorrence of the death penalty is a fundamental value in Australian society, and

(v)

Australia is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which is aimed at the universal abolition of the death penalty; and

(b)

calls on the Government of the Socialist Republic of Vietnam to follow the example recently set by Uzbekistan and Argentina and immediately cease all executions and waive the death sentences of some 59 prisoners currently awaiting execution.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

by leave—The government has previously indicated in this chamber its objection to dealing with complex international relations matters by means of formal motions. It is our view that it is counterproductive for motions of this kind to single out one country when Australia’s opposition to the death penalty is universal. The Australian government’s policy on the death penalty is clear and consistent. Australia acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights on 2 October 1990. In keeping with the government’s policy of encouraging universal ratification of the second optional protocol, we call on all countries to abolish the death penalty. We consider the establishment of a moratorium on the use of the death penalty as a key step towards abolition.

We advance our universal opposition to the death penalty through the United Nations, including advocating for the death penalty’s abolition. Australia also encourages the abolition of the death penalty in its bilateral human rights dialogue with China, Vietnam and Laos and makes bilateral representations on the death penalty to other countries which still impose it. I want to add clearly, categorically and without question that this government is committed to working with the international community to achieve the death penalty’s universal abolition.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I would have thought that, instead of the government saying that the Senate ought not have the capacity that the executive has to make announcements or statements on matters as serious as the death penalty in our own region, it would have at least provided us with a report stating what approach had been made to the senior level delegation from the Republic of Vietnam that was in this country just a week ago on this matter of the death penalty—but there has been nothing at all. Instead, the government has indicated that the matter has been relegated to the bilateral talks—that is, buried talks—which takes it off ministerial and prime ministerial agendas. The Senate wants to take the matter more seriously, and it is doing the responsible thing. In fact, it is doing part of the executive’s job for it. But, if the government is indicating that the executive ought to have the sole say on matters to do with foreign relations and that the parliament should stand aside and give the executive that sole say, the Greens 100 per cent disagree.

Question put: