Perin Davey (NSW, National Party) Share this | Link to this | Hansard source

On behalf of the Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade, I present Australia's response to the coup in Myanmar: interim report for the inquiry into certain aspects of the Department of Foreign Affairs and Trade Annual Report 2019-20, and I move:

That the Senate take note of the report.

Janet Rice (Victoria, Australian Greens) Share this | Link to this | Hansard source

I wish to take note of the interim report of the Joint Standing Committee on Foreign Affairs, Defence and Trade entitled Australia's response to the coup in Myanmar. In contrast to the sadly underwhelming response from the Australian government in terms of Myanmar, this report, which was a consensus, cross-party report, provides a strong set of recommendations, which the Australian Greens support. I encourage people to read the report. Let me just touch on a few key recommendations.

Recommendation 2 is that the Australian government should formally engage with groups and individuals representing the legitimately elected representatives of Myanmar, including the CRPH and the National Unity Government. We think it is disappointing that to date this hasn't occurred.

Before the election took place, the Australian government joined in with a number of other countries in calling for democratic norms in Myanmar to be respected. It turns out it's easier to issue statements before elections, but, when it comes to meeting with the people elected through that democratic process, the Australian government have been much more reticent. We support that recommendation. We call on the Australian government to meet with their counterparts in the National Unity Government, including at ministerial level.

Recommendation 5 of this report recommends the Australian government should explore pathways to permanent residency for Myanmar nationals in Australia, given the uncertain situation they face in Myanmar. Again, we completely support that recommendation. It's something that we've called for previously. I wrote in March to the foreign minister, calling for people from Myanmar who are in Australia to be offered protection.

I want to particularly talk about recommendation 6, which is about the need for targeted sanctions. The Greens made additional comments that go to that point. The committee's recommendation, which we support, recommends that the Australian government further considers imposing targeted sanctions upon additional senior figures in the Tatmadaw and Tatmadaw-linked entities, including the MEC and the MEHL, who have played a role in the overthrow of democracy and the subsequent violent suppression of protests.

It's a tragedy that, while people in Myanmar have called for action and countries around the world have responded, we have seen no action from the Australian government. We've also called publicly for a Magnitsky framework, another area where the government is dragging its feet. Last night we saw reporting in The Age and the Sydney Morning Herald throwing public servants under the bus, because the ministers have failed to act on the recommendations for Magnitsky legislation. We know from estimates that the foreign minister has written to the Prime Minister, but as of last estimates the Prime Minister hasn't responded. The political spinners in the ministerial wing can blame the Public Service as much as they want, but the reality in the Westminster system is that the ministers are responsible. The Prime Minister should get on and answer that letter, so that we can get on with it, and join a number of other countries in creating a framework for targeted sanctions against human rights abusers.

When it comes to Myanmar, we know that there is the capacity to introduce sanctions without a Magnitsky framework. The Department of Foreign Affairs and Trade have told us that. In fact, they already have sanctions against five Tatmadaw people in Myanmar because of their violent repression and persecution of the Rohingya some years back. We need to sanction more of those Tatmadaw military leaders urgently, including the leader of the junta, Min Aung Hlaing. A Magnitsky framework would be a clear improvement, but instead we've seen nothing but equivocation on the ability to impose sanctions now. This isn't about a framework delaying things. It's about a deliberate decision being made by the foreign minister not to impose targeted sanctions on people who've violated human rights and been sanctioned by a number of other countries, including the UK, the EU, the US and Canada.

As we have noted in our additional comments, people on the ground in Myanmar are calling for sanctions. There were letters sent from almost 400 civil society organisations in Myanmar to our foreign minister, calling for sanctions. They said that Australia is lagging behind other Western governments in its response to the Myanmar coup, and that Australia must use its middle power status and leadership role in the region to call for strong action against the military regime. They provided a number of recommendations in the letter. Among them they said that, in particular, the Australian government must enact sanctions against the military, its leaders, its business interests and business partners. This must include military conglomerates, MEC and MEHL, and their national oil and gas company, MOGE.

People on the ground are calling for sanctions, and countries around the world have acted, but Australia has yet to act. As we highlighted in our additional comments, the Australian Council for International Development has pointed out this discrepancy, saying that Australia is 'out of step with international efforts to end the violent coup in Myanmar':

Together, the United States, the United Kingdom, Canada and the European Union have imposed sanctions on a total of 38 individuals and 17 entities associated with the junta.

Since Myanmar's military seized power from the democratically elected government on 1 February this year, the Australian Government has imposed no new sanctions on military leaders or their business interests.

I want to particularly point out that two of Australia's former ambassadors to Myanmar have pointed out the value of imposing sanctions. Former ambassador Nicholas Coppel wrote in the Australian:

The people of Myanmar are looking to the international community for support, especially from liberal democracies like Australia.

It gives them hope and encouragement to sustain their struggle. And while our neighbours in Asia will not join the chorus they will not be surprised that we speak out (as they have seen us do on many other international issues) and it will give more leverage to the less confrontational style of ASEAN.

We need to weigh the softly-softly approach with its very remote possibility of influencing the senior general today against the real possibility of damaging Australia's reputation and ability to influence a future democratic government.

Similarly, former Australian ambassador Christopher Lamb said, 'Carefully targeted sanctions can be useful and should be part of our package.'

I reiterate this afternoon the need for the Australian government to urgently impose targeted sanctions. I would add that the reasoning by the department and the foreign minister as to why we haven't imposed sanctions so far has been unclear and equivocal at best. The simple reality is that Australians deserve better. The people of Myanmar deserve better, and the many people around the world who are campaigning for justice for the Myanmar people on this issue deserve better. Today I have lodged a notice of motion for another order for the production of documents requiring a Magnitsky report. Beyond that, I will be exploring procedural options to require a statement from the minister on sanctions against the key Tatmadaw generals who have led this coup.

I think the report that I am responding to today is a very important report. As I said, it covers the full spectrum of this parliament. It calls on the government to further consider the issue of sanctions. I reiterate the call that Australia needs to be urgently imposing sanctions on the key personnel in the junta in Myanmar. To those protesting in Myanmar and those around the world supporting their struggle for justice, I say again: we see you, we hear you and we will do our best to amplify your message in this parliament.

Dean Smith (WA, Liberal Party) Share this | Link to this | Hansard source

I'd also like to make some brief comments in regard to the Joint Standing Committee on Foreign Affairs, Defence and Trade's interim report regarding Australia's response to the coup in Myanmar. While I am not a member, I want to congratulate the committee. I have read avidly the transcripts of the hearings that have been conducted, and I think it's a very worthwhile exercise for the committee to explore these particular points.

I am someone who's not yet satisfied by Australia's response to the military coup in Myanmar. I want to congratulate the Burmese diaspora in our country, which has a very rich history. Many came to our country in the 1960s. Many have come to our country in more recent times, as part of the humanitarian program. I congratulate them on their strong and consistent advocacy—certainly in Perth but also around the country—in drawing the attention of other Australians to the very important issues in regard to the coup in Myanmar. If Australia has strong words to say about democracy in our region and about the importance of the rule of law, then responding to the coup in Myanmar is a very easy and immediate way to demonstrate those values and to put them in action.

Two points have concerned me. I prosecuted these politely at Senate estimates. One is the reticence of officials to publish details of their engagement with the National Unity Government. In my discussions with senior representatives of the National Unity Government they have been very willing to have that information disclosed. And I agree that disclosure of meetings, or consent to disclosure of meetings, between officials and the National Unity Government representatives allows, prepares—is a precursor for—official engagement.

The other thing I've been concerned about is that I'm not yet convinced that the Department of Foreign Affairs and Trade has been engaging thoroughly enough with the Myanmar diaspora. On that point, I'm still prepared to give them the benefit of the doubt for a period. But if Australia's foreign policy is to enjoy the endorsement and the consent of Australian people then it's necessary for the department to actively engage with groups of people who have their heritage in those countries, and in this particular case I think it's very important that the department actively engage with members of the Myanmar diaspora. I think the view of the Australian people is very clear when it comes to the matter of the military coup in Myanmar. They are comfortable. They would like Australia to carefully consider the imposition of sanctions. In fact, I think time is quickly running out, and the imposition of carefully considered sanctions in regard to Myanmar and the military coup must now be the highest priority. I absolutely agree that our officials should be working in concert with our neighbours on these issues for a period—not indefinitely.

I would also like to echo—amplify—the comments of former ambassador Nicholas Coppel, whom I had the pleasure of meeting many times on my travels to Myanmar. He is informed. He is a considered person. And I think his contribution by way of an opinion piece in the Australian was very well received in this country and in fact by members of the Myanmar community in our country. They think this matter is so critical to them, so important to them, that clear and decisive action is very important. I've listened to the contributions of others in this chamber. I've avidly read the Hansard record of this particular committee inquiry thus far. I prosecuted the case at Senate estimates. Members of the Myanmar community, particularly in Perth but right around the country, can be assured that this is a matter that is very close to my heart. It is one that I will be pursuing, and I expect to have much more to say in coming weeks.

Question agreed to.