Australian Polity, Volume 9 Number 3 - Digital Version

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tip from responsible competition to conflict.” He wenton to say “The authoritarians of the world, they seekto proclaim the end of the age of democracy, but theyare wrong.” These are nice sentiments, but do theyengender confidence in a resolute preparedness todefend democracy? Significantly, the Secretary ofState, Antony Blinken, made a short intervention at themeeting on ASEAN Foreign Ministers on September 23 toannounce that the US will release a “new, comprehensiveIndo-Pacific Strategy” in fall which “builds on our sharedvision for a free, open, interconnected, resilient, andsecure region.” He stressed that “ASEAN is central to thearchitecture of the Indo-Pacific region and its critical toour own stability, economic opportunity, and vision fora rules-based international order.”Australia must play a significant role in partnership withother nations in ensuring the US will continue to “bearthe burden of the long twilight struggle.”Strengthening SanctionsThe Australian Government agreed in August to introducea new thematic sanctions regime targeting serious humanrights violations and abuses, and serious corruption. Thisregime will be part of broader reforms to the existingautonomous sanctions framework.The decision arose from a unanimous report of theParliament’s Joint Standing Committee on Foreign Affairs,Defence and Trade, Criminality, corruption and impunity:Should Australia join the Global Magnitsky movement?It is a significant strengthening of the nation’s humanrights framework in line with legislation introduced inseveral other jurisdictions, including the US, Canada,the UK and Europe.There has been a growing awareness that country- orsector-wide sanctions, such as Australia currently hasenacted, often impact innocent parties disproportionately,and a new way to instigate consequences forunacceptable behaviour is required. Kleptocrats andother perpetrators of serious human rights abuse andcorruption have transferred assets to enjoy in Westerncountries with safe, stable democracies and securefinancial systems, such as Australia.While it would be preferable for the perpetrators ofhuman rights abuse and corruption to face penalties intheir home countries, and reparations made to victims,this is often not what happens.Australians, and their families, have been threatened,and human rights abusers have invested the proceedsof their crimes in Australia, gaining access to Australianeducation and healthcare systems. Elsewhere, targetedsanctions legislation has allowed governments to tacklethis issue. Travel bans and seizing assets has preventedperpetrators from enjoying, with impunity, the proceedsof their crimes, and most likely deterred other would-beperpetrators from attempting to do the same.Although the Australian Government has chosen toexpand the existing sanctions framework rather thanintroduce a separate Magnitsky-type law, the substanceof the Committee’s report has been accepted.The legislation will give Australia the option to imposetravel bans and freeze assets. Working in concert withother countries, we will close the gap of opportunity forperpetrators, and ensure there are consequences incases where they were otherwise lacking.Notably, the Government response included “maliciouscyber activity” in the range of situations which could giverise to sanctions. This was a not a matter canvassed withthe Committee but is a welcome addition to the scopeof the new regime.The Government response differed from the Committee’sproposals about an independent body to considerpossible sanctions and advise the Government. It alsorejected the proposal for a ‘watch list’ of people beingconsidered for sanctioning, noting that this might allowpeople to avoid the regime.The Government has indicated that the new thematiccriteria for the consideration of sanctions will be focussedon three particular rights relating to physical integrity:the right to life; the right to be free from slavery, not tobe held in servitude or be required to perform forcedor compulsory labor; and the right not to be subjectedto torture or cruel, inhuman or degrading treatment orpunishment. In addition, the regime will also focus onserious corruption.8 Australian Polity
“Let every nation know, whether itwishes us well or ill, that we shall payany price, bear any burden, meet anyhardship, support any friend, oppose anyfoe to assure the survival and the successof liberty.” – John Fitzgerald Kennedy.“Although Australia does not recognise a hierarchy ofhuman rights, violations and abuses of these particularrights can have a devastating and often irreversibleimpact on the physical and mental integrity of a person,as well as on wider society,” stated the Governmentresponse. “Focussing on these three rights enablesclear criteria to be set for the application of the regime”The implementation of the report’s recommendations willsend a strong, clear signal to perpetrators of human rightsabuse and corruption about the values of Australiansand play a significant role in reducing the incentives forengaging in human rights abuse and corruption.“The implementation of the report’srecommendations will send a strong,clear signal to perpetrators of humanrights abuse and corruption aboutthe values of Australians and playa significant role in reducing theincentives for engaging in humanrights abuse and corruption.”The bipartisan report of the Committee and the strongresponse of the Government is indicative of the moodamongst legislators to crack down on the activities ofindividuals in totalitarian regimes who violate internationalhuman rights norms. It also recognises that the sameindividuals often seek to profit from their activities byserious corruption that utilises the financial and othersystems of democratic nations.The Government has indicated that it expects to introducethe legislation this year. Given the bipartisan supportfor the proposals, it can be expected to be passedexpeditiously by the Parliament.This article was originally published in NewsWeekly, September18, 2021.Australian Polity 9
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