3.1
As mentioned in the previous chapter, the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade (the Committee) received private briefings on a wide range of human rights issues throughout the 46th Parliament.
3.2
This chapter highlights several of the contemporary human rights abuses that have been repeatedly raised with the Committee in briefings, and which have been observed by human rights organisations and other bodies. It is not intended to be a full list of the human rights issues raised with the Committee.
Uyghur community in China
3.3
An issue of grave concern for the Committee is the widely and credibly reported instances of gross human rights violations against the Uyghur peoples of Xinjiang province in China. The Committee received four separate private briefings regarding the human rights circumstances of the Uyghur Community of Xinjiang province.
3.4
The plight of the Uyghur population has gained increasing international attention with reports detailing the widespread repression of the Uyghur peoples. These repressions include: comprehensive surveillance; widespread arbitrary detention; physical abuse including torture; denial of linguistic; cultural and religious rights; indoctrination and the mass incarceration of Uyghurs in what can be described as modern-day concentration camps. It was alleged that control through mass surveillance technology is being deployed against Kazakhs and other predominantly Muslim ethnic groups in China’s Xinjiang Uyghur Autonomous Region.
3.5
The Committee heard that imprisoned Uyghurs face severe deprivation of wellbeing, dehumanising circumstances and little to no communication with family and friends.
3.6
Additionally, it was highlighted that incarcerated Uyghurs are used as forced labour in factory production lines, at the expense of their health and wellbeing. Reports that Uyghurs were being released from the camps were disputed, with suggestions being made that in many cases those that are released are sick or dying.
3.7
The Committee acknowledges that the Chinese Government actively denies the existence of these detention camps, with China often describing the facilities as ‘special training schools’. The Committee noted the challenge for the Australian Government in gaining visibility of the situation faced by Uyghurs in China due to limited information flows and strict Chinese Government media censorship. However, the Committee considers that ample credible evidence is available to confirm the existence and extent of significant human rights violations and persecution of the Uyghur people.
3.8
The circumstances of the Australian Uyghur community were also discussed. These issues included Uyghur people struggling with challenges of mental health and wellbeing, not being able to contact relatives in China, fearing persecution and harm towards themselves and family members by the Chinese Government, having difficulties receiving refugee status, and facing prolonged periods awaiting protection visas.
3.9
It was alleged to the Committee on numerous occasions that Uyghur people, whose relatives live overseas and speak out against what is happening in Xinjiang, are frequently targeted by the Chinese Government and incarcerated.
3.10
The severity and extent of Uyghur incarceration was also discussed. The Committee noted reports and evidence in briefings of estimates that between one and three million Uyghurs are currently held in concentration camps.
3.11
It was also stated that the Chinese Government has repeatedly attempted to redefine Uyghur culture and religious identities in terms of ‘nationalists’, ‘counter-revolutionaries’ and ‘separatists’. National security has been invoked to justify practices that could be described as ‘ethnic cleansing’. It was also alleged in briefings that the Chinese Government has invoked national security to justify the comprehensive roll-out of surveillance technology, including the use of biometric data, as a means of monitoring and controlling the Uyghurs.
3.12
The Committee heard that alleged human rights abuses against Uyghurs include forced incarcerations and the non-voluntary use of medical tests, DNA assessments and blood tests to categorise individuals.
3.13
Against the background of the Committee’s previous inquiry into the issue of organ harvesting, members discussed concerns about potential organ harvesting amongst the Uyghur populations. This activity cannot be confirmed by the Committee, however, the Committee would encourage the Australian Government to closely monitor this situation and take all necessary steps to encourage China to stop further human rights abuses.
3.14
The Committee was encouraged to push for the establishment of an independent investigation body to examine the treatment of Uyghurs. A further recommendation was for the Committee to consider an inquiry into links between Australian businesses with supply chain connections to forced labour camps in Xinjiang.
3.15
Considering the reported scale of human rights violations, and the ongoing distress to the Australian Uyghur community and many other Australian citizens, the Government may wish to consider this course of action.
Committee comment
3.16
Committee members were urged to encourage the Australian Government to seek to open dialogues with the Chinese Government further at international fora to highlight human rights issues in China.
3.17
The Committee notes that there is uncertainty around the processes for the Australian-China human rights dialogue. The Committee has raised its concerns regarding with the Foreign Minister regarding the human rights situation of the Uyghur peoples in China and would encourage the Australian Government to further advocate for human rights at bilateral and multilateral levels.
3.18
The Committee notes that the Canadian Parliament’s Standing Committee on Foreign Affairs and International Development Subcommittee on International Human Rights recently undertook a study of the human rights of Uyghurs and Turkic Muslims in Xinjiang, China and concluded:
Based on the evidence put forward during the Subcommittee hearings, both in 2018 and 2020, the Subcommittee is persuaded that the actions of the Chinese Communist Party constitute genocide as laid out in the Genocide Convention.
3.19
Further to this, the Canadian Subcommittee warned that:
…if the international community does not condemn the human rights abuses in Xinjiang province by the Government of China, a precedent will be set, and these methods will be adopted by other regimes. Complacency is entrenched by a lack of access to Xinjiang; by the lack of free press; and through the silencing and harassment of Uyghurs living abroad.
3.20
The Committee acknowledges the many respected international opinions and growing body of evidence and concerns that lend support to this conclusion.
Freedom of opinion and expression – democratic freedom
3.21
Another key theme arising from private briefings has been the efforts of authoritarian governments to suppress freedom of opinion and expression, and democratic participation. Human rights violations inevitably involve suppression and persecution of advocates for democracy.
3.22
The Attorney-General’s Department defines the right to freedom of opinion and expression as the right to hold and express opinions without interference or being subject to any exception or restriction.
3.23
The right to freedom of opinion and expression is contained in Articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR). According to Amnesty International:
Exercising these rights - without fear or unlawful interference - is central to living in an open and fair society; one in which people can access justice and enjoy their human rights.
3.24
Like other human rights, governments have a duty of care to protect citizens from hateful, incendiary speech. However, Governments may betray this responsibility by silencing peaceful dissent through imprisoning people for speaking out or legally criminalising freedom of expression.
3.25
Amnesty International notes such suppression is often achieved by governments in the name of counter-terrorism, national security or religion. Of considerable concern is the threat by authorities to clamp down on activists, NGOs and individuals helping refugees and migrants.
Committee comment
3.26
The Committee remains deeply concerned about the suppression of democratic expression and free speech by State authorities globally. The prevalence of these concerns was made particularly apparent to the Committee, not only with the case of the Uyghurs as noted in the previous section of this report, and through a number of other private briefings, but also through three private briefings on human rights in Hong Kong.
Hong Kong
3.27
The human rights crisis in Hong Kong has been the subject of some concern to the Committee. Political and civil unrest through 2019 and 2020, and China’s imposition of National Security Law on 30 June 2020, have seen a sharp deterioration in the situation with Hong Kong’s special status under the ‘one country, two systems’ principle deeply undermined.
3.28
The Committee’s briefings on the situation in Hong Kong highlighted a range of issues warranting Australia’s attention, including: the potential extradition of protestors to China; the failure of the Hong Kong Government to deliver guarantees of universal suffrage; excessive police force against non-violent protest groups; and the harassment of high-profile individuals including opposition politicians via surveillance, intimidation, assault and arrest; and China’s imposition of a new national security law which has already been employed against democracy activists.
3.29
The issues of Chinese Government-directed propaganda, misinformation campaigns and limited media transparency amongst Hong Kong’s media outlets were also raised. It was noted that Hong Kong’s media platforms are predominantly owned by conglomerates with major interests in mainland China. Freedom of speech and diversity in media reporting has diminished greatly, and is now further threatened by the national security law.
3.30
The Committee noted suggestions that the apparent erosion of the freedom of expression represents a direct violation of article 27 of Hong Kong’s basic law which guarantees the right of persons to speak freely and openly. It was also stated that there exists widespread fear amongst Hong Kong academics and researchers with regard to academic freedom and discussion of democratic rights.
3.31
The Committee’s briefings also raised the possibility that the Chinese Government could intervene with military or other security forces against Hong Kong’s civil rights movement.
3.32
The Committee and the Australian Government were strongly urged to adopt an active approach in drawing attention human rights abuses in Hong Kong. International publicity and condemnation for China’s actions was seen as an important part of efforts to restrain further attacks on democratic institutions and the rule of law in Hong Kong. During the private briefing, it was suggested that Australia should press for the promotion of human rights via the Australia-Hong Kong Free Trade Agreement (FTA), which was yet to be signed at the time of briefing.
3.33
The Committee sought a briefing on the origins and objectives of Hong Kong’s protest movement. That briefing highlighted the peaceful origins and objectives of the broad pro-democratic movement. Concerns over government crackdowns on non-violent protests were raised and it was contended that Hong Kong residents have not been able to freely exercise their right to peaceful protest since August 2019.
3.34
The briefing also drew attention to the Hong Kong police force’s tactics in suppressing democracy protests and the emergence of criminal groups also being involved in harassment and assaults on pro-democracy activists.
3.35
The erosion of the independence of Hong Kong’s judiciary was further identified as an important part of the deterioration of the situation as the Chinese Government seeks to bend the rule of law in accordance with its objectives in the Territory.
3.36
Committee members expressed concern that Hong Kong’s legal system has failed to hold police officers accountable for excessive force and unlawful actions.
3.37
In identifying these concerns, the Australian Government was encouraged to pressure the Hong Kong Government to recognise protestor concerns and uphold the correct provision of justice.
Committee comment
3.38
The Committee recognises that the Australian Government has made efforts towards supporting civil and political liberties in Hong Kong.
3.39
As outlined by the Department of Foreign Affairs and Trade, Australia’s actions relating to the deteriorating situation in Hong Kong include:
political and diplomatic representations in Australia and in China;
the suspension of Australia’s extradition agreement with Hong Kong; and
new visa arrangements for Hong Kong students, temporary graduates and skilled workers to live, work and study in Australia.
3.40
Beyond these efforts, participants in private briefings highlighted the importance of the Australian Government maintaining and strengthening the advocacy of human rights via bilateral and multilateral dialogue.
3.41
The Committee received numerous suggestions on additional actions the Australian Government could take to encourage protection of human rights in Hong Kong. The Committee notes that in the intervening period the Australian Government has announced the suspensions of two treaties relating to mutual legal assistance and extradition.
Cambodia and Vietnam
3.42
The Committee received private briefings relating to reports of human rights violations, suppression of freedom of expression and significant corruption in Cambodia and Vietnam. Corruption constitutes one of the major obstacles to effective promotion and protection of human rights, and is widely recognised as a significant threat to the rule of law. The Committee notes that members of vulnerable groups, and groups exposed to marginalisation and discrimination, may suffer first and disproportionately from corruption.
3.43
Issues discussed in relation to Cambodia included government suppression of free expression, the erosion of democratic participation, free association and peaceful assembly, violence against women and girls (including physical assault and sexual violence), arbitrary detention and the use of the death penalty, and the growing influence of China in domestic politics and economic development.
3.44
The growing suppression of Cambodians’ ability to freely express political and social views was also reported. The European Union’s decision to partially withdraw trade preferences for Cambodia based on human rights violations was raised as evidence of a broader recognition regarding these issues.
3.45
It was put to the Committee that, at the time of the briefing, the Australian Government has been largely silent on human rights and democratic issues in Cambodia. The Committee was urged to press the Australian Government to play a more active role in engaging with Cambodian civil society to support efforts to address human rights concerns.
3.46
The Committee notes the Foreign Minister has since expressed, as part of a statement on the 30th Anniversary of Cambodia’s Peace Agreements, Australia’s deep concern with ‘the deterioration in democratic freedoms and growing intolerance towards peacefully expressed dissenting views.’
3.47
With respect to Vietnam, the domestic criminal justice system was discussed. Problems were reported to include a lack of transparency in legal proceedings, denial of legal representation, arbitrary detention, mistreatment and torture in prisons, and an absence of access to health care for many prisoners.
3.48
It was noted that the Australian Government has been working to raise concerns over human rights issues via diplomatic and inter-governmental channels with Cambodia and Vietnam. Whilst some modest successes were noted in relation to individual cases, the Committee was urged to strengthen Australia’s advocacy for human rights and the rule of law in Vietnam. The Committee notes that these already complex circumstances are further complicated by a trend of growing Chinese investment and provision of development funding to Cambodia and Vietnam. The Committee is aware that these financial aspects can further jeopardise access to human rights, and accurate reporting of abuses.
3.49
Australia’s bilateral relationships with Cambodia and Vietnam were noted as having strengthened in recent times. This may afford opportunities for Australia to develop positive, transparent communication through human rights dialogues. However, the Committee is mindful of the serious breaches of human rights and reports of significant corruption in both countries, and believes that sustained engagement and a willingness to condemn gross human rights abuses is required.
Committee comment
3.50
The Committee acknowledges the Australian Government’s continued efforts to advocate and uphold human rights, both domestically and abroad. It was suggested, however, that Australia’s effectiveness in human rights dialogues is waning and could be improved.
3.51
The Committee suggests that the Australian Government seek further opportunities to explicitly promote democratic values in Cambodia and Vietnam, adopting greater advocacy and wider dialogue of both a formal and informal nature.
3.52
In turn, the Committee is hopeful that these efforts will contribute to the further recognition and promotion of human rights in both these countries.
Conclusion
3.53
The Committee acknowledges the Australian Government’s continued efforts to advocate and uphold human rights, both domestically and abroad.
3.54
The Committee remains concerned about the widespread prevalence of gross human rights violations and suppression of fundamental freedoms in many countries. The enormous scale of human rights violations and actions in China is particularly disturbing.
3.55
The Committee is intent on promoting the human rights concerns raised in this report with the Australian Government.
3.56
Ultimately, it is the Committee’s goal that through continued advocacy and discussion on these issues, positive and long-lasting change can be successfully implemented.
3.57
The Committee’s private briefings program is significant and illuminating, but largely conducted ‘in camera’. Members of the Committee identified a need to share this work with the parliament, and people of Australia, for the purposes of transparency. Members also wanted to demonstrate the impact and value of contributions by many stakeholders who contribute to the private briefings. Another aim is to demonstrate the need for the Australian Government to further champion human rights matters on the international stage.