Support is growing for an Australian Magnitsky Act to target foreign human rights abusers

A survey conducted by SBS Cantonese has found there is growing support from across the political landscape for an Australian Magnitsky Act to be introduced to target individual human rights abusers in foreign countries.

A number of MPs and senators have expressed their support for an Australian Magnitsky Act. Source: SBS

In December 2019, Foreign Minister Marise Payne asked the Joint Standing Committee on Foreign Affairs, Defence and Trade to look into the use of targeted sanctions to address human rights abuses.

While the committee has yet to release its findings, it has been reported that any new laws would be based on the Magnitsky Act in the US, which targets individuals from foreign countries by freezing assets and prohibiting their travel. 

SBS Cantonese sent a survey to all MPs and senators in June to gauge their views on whether they would support the introduction of an Australian-style Magnitsky Act. 

SBS News: Australia is considering adopting a new law to target human rights abusers

A follow-up survey was sent in September, which skipped Greens and Labor parliamentarians as the parties indicated their blanket support for the introduction of such laws.

Greens Senator Nick McKim in June confirmed with SBS Cantonese that his party would support a move to introduce laws.

“People who are responsible for human rights crimes need to be held accountable and face the consequences of their actions. We will be working to ensure that it is robustly drafted and has real teeth,” he said. 

Labor’s Foreign Affairs Spokesperson Penny Wong confirmed her party’s position in July, supporting the introduction of an Australian Magnitsky Act “to send a strong signal to those committing human rights abuses abroad and to defend our democratic institutions”.

Labor Senator for South Australia Penny Wong Source: AAP

However, the Coalition appears to be uncommitted to a uniform stance at this stage, with only a handful of federal politicians indicating their definite support when asked.

Among those who responded to the survey, only two Coalition MPs from the House of Representatives and four senators said they supported the introduction of an Australian-style human rights act. 

They included MPs George Christensen and Julian Leeser, and Senators Eric Abetz, David Fawcett, James Paterson, and Paul Scarr.

Among six crossbench MPs, half of them indicated support for enacting legislation, including Independents Andrew Wilkie and Bob Katter, as well as Greens MP Adam Bandt. 

Based on the survey results and projections of what we know so far, there would be 73 votes on the affirmative side if it went to a vote in the House of Representatives, three short of a majority.

MP Bob Katter said the UK and US had already introduced their own laws and Australia should do the same, otherwise “we will be a target for bad actors”.

“Australia doesn’t want to be a magnet for bad actors. The government needs to stop talking about this, and stop holding more inquiries, and just legislate it,” he said.

Current projections regarding the Senate would see the laws pass with 40 votes, with One Nation Senator Malcolm Roberts indicating his affirmative vote, along with 26 Labor senators, nine Greens senators, and four Coalition senators.

No respondents to the survey indicated a definite 'no' to supporting any proposed laws.

However, MPs Gladys Liu and Tim Wilson, and Senators Andrew Bragg, Perin Davey and Jacqui Lambie, declined to provide comment on the matter. 

According to the survey results, there were parliamentarians who indicated they "principally support" the idea of imposing sanctions on individual human rights abusers, but would have to read the proposed bill in detail if or when the government tables it, before making a decision.

These included Coalition MPs Warren Entsch and Ross Vasta, Centre Alliance MP Rebekha Sharkie and Senator Stirling Griff, Independent Senator Rex Patrick, as well as Coalition Senators Claire Chandler, Andrew McLachlan, Amanda Stoker and Susan McDonald. 

Senator Chandler said: “I am supportive of any legislation which targets human rights abusers through sanctions, and will await the committee’s recommendations once it completes its inquiry."

Senator Rex Patrick during question time in the Senate Chamber at Parliament House in Canberra. Source: AAP

The call for the adoption of a Magnitsky Act in Australia comes amid concerns over the Chinese government’s treatment of the Uyghurs in Xinjiang, as well as its crackdown on Hong Kong’s pro-democracy movement in recent years. 

Senator Patrick in August said the new National Security Law imposed on Hong Kong by China was a “clear violation” of the Sino-British Joint Declaration and the “One Country, Two Systems” principle.