Strengthening Australia's anti-death penalty advocacy: CPJP’s response to the inquiry’s report
The Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade of the Parliament of Australia recently concluded an inquiry into Australia's efforts to advocate for the worldwide abolition of the death penalty. Read the report here.
CPJP, together with our partners Eleos Justice, Julian Wagner Memorial Fund, Australians Against Capital Punishment and the Anti-Death Penalty Asia Network made a submission to the inquiry. You can access our joint submission here.
Capital Punishment Justice Project (CPJP) welcomes the release this week of the Joint Standing Committee on Foreign Affairs, Defence and Trade's report of their inquiry into Australia's efforts to advocate for the worldwide abolition of the death penalty. We thank the Human Rights Subcommittee for undertaking this inquiry on behalf of the Committee and for their thorough examination of Australia's advocacy efforts towards the global abolition of the death penalty.
The Australian Government can now enhance the consistency and effectiveness of our nation’s anti-death penalty advocacy by implementing the report's recommendations and by addressing the identified need for further inquiry into international cooperation in criminal matters where the death penalty might apply.
Australia’s Strategy for Abolition of the Death Penalty, released in 2018, articulates Australia's opposition to the death penalty in all circumstances for all people, publicly committing Australia to being a ‘leader in efforts to end use of the death penalty worldwide’ and to pursuing the goal of global abolition ‘through all avenues available’.
Australia’s advocacy against the death penalty
The Committee’s report rightfully recognises that ‘Australia is internationally known for its advocacy on the abolition of the death penalty.’ Since the previous parliamentary inquiry on this issue was conducted in 2016, the bipartisan nature of this stance and Australia's diplomatic efforts have contributed to several countries either abolishing the death penalty or reducing its scope, including Malaysia and Papua New Guinea.
Australia has achieved notable successes on the world stage, including its co-leadership with Costa Rica of the 2022 United Nations General Assembly resolution calling for a worldwide moratorium on the death penalty. Building on the then record number of 125 votes in favour of the moratorium in 2022, this week, the 2024 moratorium vote reached the long-held goal of achieving the support of over two thirds of member states, with 130 votes in favour.
As highlighted to the inquiry through the written submissions and the evidence given at the public hearings, Australia’s practices across the whole-of-government must be consistent with our principled opposition to capital punishment.
‘Australia's voice matters in the global movement against capital punishment. However, to maintain our credibility and effectiveness, we must ensure our actions fully align with our principles.’
Matthew Goldberg, a CPJP director and President of the World Coalition Against the Death Penalty
Enhancing Australia’s advocacy efforts: The report’s recommendations
CPJP commends the Committee's seven recommendations which provide practical steps toward strengthening Australia's advocacy to abolish the death penalty. Of particular note, we welcome recommendations for improving legal representation for Australians facing capital charges through consultation with expert organisations, such as CPJP; sustainable funding for civil society organisations to support Australia’s advocacy efforts; external oversight of the Australian Federal Police’s Sensitive Investigations Oversight Board, including via annual reviews and expansion of the Board’s membership to include experts external to the Australian Federal Police (AFP); and annual parliamentary statements on Australia's ongoing advocacy efforts.
Noting that change may need to happen in stages, we are encouraged that Recommendation 2 specifically calls for the development of strategies to advocate for the abolition of the death penalty for drug-related crimes and for the abolition of the mandatory death penalty for all crimes. The Asia-Pacific region – our region – carries out the highest number of executions globally each year, with many countries in this region retaining the death penalty for drug offences and some imposing mandatory death sentences for small quantities of drugs. Australia can and should take a strong position in all our advocacy that drug-related crimes should never be accepted as among ‘the most serious crimes’ under international law.
While Australia’s approach to consular assistance for Australian nationals facing the death penalty overseas is commendable, providing unvetted lists of English-speaking lawyers without specific death penalty expertise puts individuals at risk during critical early stages of proceedings.
‘Recommendation 6, which calls on the government to consult CPJP regarding the lists of lawyers held by Australian Missions and to engage us to support trials involving Australian nationals acknowledges the specialised expertise required in capital cases. Early intervention with appropriately skilled representation can make the difference between life and death.’
Elizabeth Wood, CPJP’s Chief Executive Officer
Recognising the important role that experienced civil society organisations play in supporting the implementation of Australia’s Strategy, the inquiry noted the success of CPJP's intervention in the case of Australian man, Luke Cook, who was sentenced to death in Thailand. CPJP's submission of an amicus curiae brief to the Supreme Court of Thailand, co-signed by parliamentary representatives, contributed to Mr Cook's full exoneration and highlights the expertise needed in these high-stakes situations.
Recommendation 7 regarding AFP oversight, while welcome, does not adequately address the fundamental issue that the exclusion of police-to-police cooperation from Australia's Strategy significantly undermines its effectiveness.
‘A whole-of-government strategy loses credibility when certain government functions appear exempt from upholding Australia's commitment to abolition.’
Stephen Keim, CPJP's Chair and Patron of the Julian Wagner Memorial Fund
Next steps: Implementation and further inquiry
For several years, CPJP and others have been highlighting concerns about the AFP's information sharing practices with law enforcement agencies in retentionist countries. As raised by CPJP and outlined in the inquiry’s report, evidence to Senate Estimates in 2023 revealed that 296 pieces of intelligence related to drug offences were shared with Myanmar police since the 2021 coup, none of which were referred to the AFP's Sensitive Investigations Oversight Board. This is particularly troubling given Myanmar retains the death penalty for drug offences and has recently resumed executions.
However, we are greatly encouraged by the Committee’s recognition that this matter deserves further inquiry and examination. CPJP urges the Australian Government to undertake this work, urgently, and looks forward to the opportunity to explore it more thoroughly as a discrete issue.
CPJP calls on the Australian Government to implement all seven recommendations, promptly.
‘The inquiry's recommendations represent progress, but their effectiveness will depend on implementation. Sustained funding and support for civil society organisations are essential for maintaining momentum toward global abolition.’
Sara Kowal, CPJP’s Vice-Chair and Director of Eleos Justice, Monash University
CPJP stands ready to work with the government to implement these recommendations and advance our shared goal of a world without capital punishment.
For media inquiries, contact executive.officer@cpjp.org.au.