Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I seek leave to move a motion relating to the censure of Senator Rice for engaging in unparliamentary and disrespectful conduct during the address by His Excellency Ferdinand R Marcos Jr, President of the Philippines, in the terms as circulated in the chamber.

Leave not granted.

Pursuant to contingent notice standing in my name, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to the censure of Senator Rice for engaging in unparliamentary and disrespectful conduct during the address by His Excellency Ferdinand R. Marcos Jr, President of the Philippines.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

I move:

That the question be now put.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the Senate is that the question be put.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the Senate is that standing orders be suspended.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I move:

That a motion relating to the censure of Senator Rice for engaging in unparliamentary and disrespectful conduct during the address by His Excellency Ferdinand R. Marcos Jr, President of the Philippines, may be moved immediately and determined without amendment.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

I move:

That the question be now put.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

Senator McKim, do you have a point of order?

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

If I may, Deputy President, I understood that Senator Birmingham moved that it be put without amendment but not that it be put without debate. I'm just after some clarity on that because I understand that, under the terms of that motion, we can debate it.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

It could be debated, but then I went to the minister for the call and he just moved—

No, I appreciate that. He then moved that it be put, and he has precedence on the call.

Honourable senators interjecting—

Order! I'm putting the question. The question before the Senate is that the question be put on a procedural motion originally moved by Senator Birmingham.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the Senate is that the procedural motion moved by Senator Birmingham be agreed to.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I move:

That the Senate—

(a) notes that during the address by His Excellency Ferdinand R Marcos Jr, President of the Philippines, Senator Rice engaged in unparliamentary and disrespectful conduct and had to be ushered out of the House of Representatives;

(b) expresses its profound disapproval of Senator Rice's unparliamentary conduct; and

(c) censures Senator Rice for the unparliamentary conduct, disrespect of proceedings and disregard for the importance of Australia-Philippines relations.

The address to the Australian parliament by a foreign leader is a both symbolic and serious occasion. It is used by governments, both Labor and Liberal, or coalition, as a tool of statecraft and diplomacy. It is used to further Australia's national interest by strengthening Australia's relations with other nations, those relations between Australia and partner countries. The speeches given in the other place in joint sittings may be given by the leader of another nation, but the honour is one being bestowed upon that nation. Today the honour was bestowed upon the nation of the Philippines. The honour is not, never has been and never will be an endorsement of all policies and actions of that world leader, their government or even their country, but it is an opportunity to advance the common interests Australia has with that nation.

The conduct of the Greens in disrupting the proceedings of joint sittings of this parliament while world leaders address them ignores these facts and undermines Australia's national interest. Repeatedly we see the Australian Greens act as a juvenile protest movement, not as responsible members of the Australian parliament. Membership of this Senate comes with both rights and responsibilities. How we exercise those rights and responsibilities matters. These are choices each of us get to make. Nobody makes the Greens attend joint sittings. There is the option for them to boycott. They don't have to walk over there and attend a joint sitting. There are ample opportunities in this chamber and for their members of the House of Representatives, in the other chamber, to speak and voice and address concerns they have, including concerns about any other country, including one who may have a leader giving a joint address. There are ample opportunities for them to peacefully protest outside of this building too.

But Greens actions like those of Senator Rice this morning abuse the rights accorded to members of parliament and ignore their responsibilities. Nobody else gets to go onto the floor of the House of Representatives and act contrary to the standing orders, in a disorderly manner, and confront a world leader like the Greens do. It's against the standing orders, but they do it in abuse of the rights that they have, and they do it neglectful of their responsibilities as members of this parliament.

We do not bring forward a censure motion lightly, but the coalition is firmly of the view that the behaviour of the Greens cannot be ignored, that it would be weak and irresponsible to pretend that it had never happened or to just sweep it under the carpet, because the reckless actions of the Greens are consequential. If the Greens think that their actions will change the domestic policies of another nation, well, they're even more delusional than we thought they were, but such stands, such actions, that the Greens take do impact on the perceptions of Australia and of the Australian parliament. They will weigh on the judgements of other world leaders when they receive similar invitations.

Ultimately, the actions of the Greens undermine opportunities for statecraft and diplomacy by Australian governments. Whatever the colour or persuasion of those governments, the opportunities are hurt by the Greens' disrespectful, unruly and unparliamentary conduct. That is the most important aspect of concern here: the disregard the Greens show for Australia's relations and interests with another nation, in this case for the importance of Australia-Philippines relations. We heard from President Marcos this morning very clearly how crucial those relations are. We heard it also from the Leader of the Opposition, Mr Dutton, and we heard it also from the Prime Minister, Mr Albanese. On all fronts it is clear that, when it comes to our interests—not just bilaterally but, critically, in cooperating for the peace, security and stability of our region—it is essential that our nations work together.

Whatever the validity or otherwise of the concerns the Greens wish to raise, their actions hurt Australia's ability to act in ways that seek to underscore the peace, stability and prosperity of our region. That is why these are shameful actions. They are consequential actions because of the way they will be perceived in other countries and because of the impact they will have on the judgements made by other world leaders. It is why we believe they deserve censure by this chamber. We bring forward this motion to send a message that their actions should not be tolerated and certainly are not supported by any members of parties that seek to form government in this place.

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

The action I took in the House today was deliberate and it was powerful, and I did it on behalf of every Filipino person whose human rights have been abused by the government of President Marcos and the government of President Duterte before him. I was appalled that President Marcos was given the opportunity to address our parliament today, the privilege of addressing our parliament today. As Senator Birmingham said, addressing our parliament is symbolic and it is serious. It is appalling that the President of a government responsible for human rights abuses should be invited to attend our parliament and speak to our parliament.

I took this action after having discussions and correspondence with many Filipinos in Australia, the Australian coalition for human rights in the Philippines and the Australians for Philippine Human Rights Network. I did it in the context of having taken part, some years ago, in an international civil society led investigation into human rights in the Philippines, conducted by the International Coalition for Human Rights in the Philippines, where I learnt and heard firsthand about what is going on in the Philippines. I learnt about the extrajudicial killings where people on trumped-up charges are red-tagged and then hunted down and killed; where human rights lawyers are shot at point-blank as they drive through the streets; where workers, because they have the temerity to engage in fighting for their rights, are killed; and where environmental defenders, because they have the temerity to fight for justice for their community—for their rivers not to be polluted and for their lands not to be taken from them—are killed. This is ongoing. This is why I took that action today.

I'd like to read out to you today comments from Human Rights Watch, who say:

Australia's Labor government should be especially concerned by the rising harassment and violence against labor leaders and union organizers in the Philippines. Albanese should urge Marcos to act to stop these abuses and thoroughly investigate recent killings.

In September, police shot and killed labor leader Jude Thaddeus Fernandez at his home in the town of Binangonan in Rizal province. The officers claim Fernandez "fought back" while being served with a search warrant, without explaining why his home was being searched or why he resisted. Fernandez's colleagues told Human Rights Watch they believe police were using the commonly used defense of nanlaban (fighting back) to justify killing him.

This is not an isolated occurrence. Human Rights Watch go on:

Marcos's visit to Australia is an important opportunity for Australia's leaders to address well-documented human rights abuses in the Philippines. Ignoring them will only embolden Marcos and the prevailing culture of impunity. The people of the Philippines deserve more than warm words and empty rhetoric when it comes to respecting and upholding their human rights.

There are at least 800 political prisoners in the Philippines at the moment—including the former head of their human rights commission, a former senator, and she has been held for about a decade now. As a senator, I felt it was my obligation and my responsibility to speak up for her, and for those prisoners, and for every person who has had their livelihood, their wellbeing and their very life put at stake and affected by this government. It is appalling, as I say, because of just what a privilege it is to address our parliament, that President Marcos was invited to do so.

I am struck by having a censure motion moved against me for abusing parliamentary rights, when human rights did not rate a mention—when the Prime Minister and the Leader of the Opposition, in their speeches today, did not mention human rights at all. They are completely whitewashing—sycophantic towards the President. They are even trying to whitewash the legacy of Marcos's father, the former dictator Ferdinand Marcos.

We cannot let these human rights abuses go unchecked. Every person having their rights impacted in the world impacts us. Human rights matter, and they matter for every person in the world. I am proud that, in this parliament, over the 10 years I've been here, I have spoken up for the human rights of people across the world, whether in the Philippines, Tibet, West Papua, Palestine or here in Australia. I will continue to do so, and I will take every opportunity open to me in this place to speak up for human rights—to speak up for people who deserve to have the right to live a peaceful life and to have their rights respected.

People do not expect, in a country like Australia, where we say we value democracy, to have the president of such a human rights-abusing government speaking to our parliament. It is appalling.

I am proud of what I did today—I am proud of it—and I am proud of the attention that it has drawn to the appalling situation in the Philippines. I hope that it will actually make some of you people here realise that our relationships with other countries are not just a matter of trade opportunities or military opportunities or how much we can have defence ties with them—that the relationships between the people matter, and it matters to us that we respect the rights of the people of the Philippines, not just the cronies in their government. I would do it again, and I encourage all of you to think very carefully about any relationships with any countries and being so sycophantic as to basically just whitewash over those human rights abuses.

Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source

Earlier, Senator Rice held a sign during the address to the House of Representatives by the President of the Philippines, to which senators were invited. As a consequence, I am advised that the Speaker requested Senator Rice to leave, which she did. It is disappointing that Senator Rice, soon to be departing this chamber, chose to act in such a way. On that note, I move:

That the question be now put.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the Senate is that the question be put.

Andrew McLachlan (SA, Deputy-President) Share this | Link to this | Hansard source

The question before the Senate is that the motion moved by Senator Birmingham be agreed to.