The role of the Human Rights Sub-Committee
2.1
In the 46th Parliament, the Human Rights Sub‑Committee (the Sub‑Committee) is one of five Sub-Committees of the Joint Standing Committee on Foreign Affairs, Defence and Trade (the Committee).
2.2
The Sub-Committee examines and reports on issues related to Australia’s international engagement on human rights matters. Inquiries are referred to it by the Committee and, in addition to this report, the Sub-Committee produced three reports in the 46th Parliament:
Criminality, corruption and impunity: Should Australia join the Global Magnitsky movement?
Inquiry into the human rights of women and girls in the Pacific
Advocating for the elimination of child and forced marriage
2.3
As noted above, the Committee has had a long-standing commitment over successive parliaments to receive briefings on additional matters. In recent parliaments this work has expanded significantly, and the Committee considers that a brief report on its activities during the 46th Parliament is warranted.
2.4
These private briefings are often held in addition to the regular conduct of the inquiries referred to the Sub-Committee. Private briefings allow members to understand and support the human rights concerns of Australians and people internationally.
2.5
In addition to these private briefings, in 2021 the Committee also held two public roundtables. These public hearings also provided an important opportunity for community groups and other stakeholders to put on the public record their concerns about current human rights issues.
2.6
Private briefings have often been followed by requests for further information from DFAT on human rights matters in a particular country or region, as well as information on Australia’s response. In other instances, the Committee conveys information to the Minister for Foreign Affairs or seeks her further advice or action.
2.7
The Committee thanks the Foreign Minister, Senator the Hon Marise Payne, and her department who, throughout the course of the 46th Parliament, have provided information on numerous human rights issues. Officials from DFAT have regularly provided private briefings to the Committee, on issues of interest to members.
Private briefing activity to date
2.8
Over the 45th and 46th Parliaments, the Committee has been increasingly concerned by the extent of human rights abuse of the economic, social and cultural rights of ethnic minorities around the world. Ethnic community representatives in Australia have sought to speak with the Committee regarding human rights abuses against their communities.
2.9
Issues raised in private briefings have included concerns relating to: repression; discrimination; religious intolerance; intolerance and discrimination against ethnic minorities; arbitrary detention; censorship; forced indoctrination; suppression of free speech and the freedom of peaceful assembly; suppression of democratic rights, use of national security agendas as a means of suppression; restrictions on access to information as a tool of repression; education and healthcare; corruption; violence and sexual violence against civilians; intimidation and victimisation of human rights defenders and the media; claims of forced medical testing and organ harvesting; torture; disappearances; extrajudicial killings; and genocide.
2.10
Many of the briefings referred to in this report took place despite the widespread disruption and uncertainty arising from the COVID‑19 pandemic. The willingness of individuals and organisations to participate in private briefings during the uncertainty and disruption of the pandemic reaffirmed to the Committee the significance of the issues being raised, the dedication of those involved in briefings, and the importance of representing these matters to parliament.
2.11
During the 46th Parliament, the Committee held 24 private briefings. Some private briefings concerned matters of global application, including the Convention against Torture, the sexual exploitation and trafficking of children, and the effectiveness of targeted sanctions. Other private briefings were focused on human rights abuses in a particular country or region. These included:
Ethiopia and the Oromo people;
2.12
Members of the Human Rights Sub-Committee also took part in private briefings held by other Sub-Committees on matters of interest, including on Myanmar and Afghanistan.
Protecting privacy
2.13
Discussions at the Committee’s private briefings are confidential and ensuring the privacy of these discussions is essential to the Committee’s work. Frequently the Committee has been made aware of alleged threats and fears of retaliatory action against those who speak out about human rights abuses. The Committee has also heard allegations of foreign governments seeking to intimidate Australian diaspora communities.
2.14
To maintain confidentiality and protect witnesses from potential retaliation, the Committee has aggregated themes and discussions in this report.
Role of witnesses
2.15
The Committee thanks all witnesses for sharing their experiences and insights. A number of witnesses described grave violations of human rights, violence, terror and hardship that have directly affected themselves, their families and communities. Some witnesses spoke to the Committee despite fearing repercussions of persecution of themselves or family members overseas.
2.16
The Committee acknowledges that it is unable to fully verify allegations that are made by private briefing participants. That said, the extent, persistence and acknowledgment by other countries of human rights abuses taking place in many jurisdictions is in the view of the Committee sufficient to draw certain conclusions about the veracity of many of these claims.
Committee comment
2.17
As described above, the Committee, has demonstrated a longstanding commitment to the promotion and protection of human rights, and ensuring that the voices of the most marginalised and persecuted populations can be heard. The Committee has advocated for individuals and groups wherever possible.
2.18
To ensure that attention continues to be given to causes of such dire need, and egregious crime, the Committee will continue to ensure that these voices are heard into the future, in a way which can be reported on with sensitivity and immediacy wherever possible.
2.19
To support this objective, each year the Joint Standing Committee on Foreign Affairs, Defence and Trade should adopt an inquiry into the DFAT annual report. Each year, as part of this inquiry, the Human Rights Sub‑Committee should hold a public hearing roundtable focused on a particular area of human rights. This will help ensure that marginalised people are heard, and that the parliament and Australian people are informed of important human rights issues.
2.20
The mechanism of providing interim reports to parliament, which can outline the Committee’s concerns, will be a valuable asset in the essential determination to address abuses of human rights globally. The Committee intends to use this mechanism, and public hearing roundtables, to report on human rights issues in future.
2.21
The Committee recommends that the Government take note that each year the Committee will:
adopt an inquiry into the annual report of the Department of Foreign Affairs and Trade;
refer this annual report inquiry to the Human Rights Sub-Committee, to enable the Sub-Committee to hold public hearings and report to the parliament on important human rights issues; and
prepare an annual report on the activities of the Human Rights Sub‑Committee for presentation to the parliament.