Policy

In 2018, DFAT published Australia’s Strategy for Abolition of the Death Penalty which clearly sets out Australia’s opposition to the death penalty.

All jurisdictions in Australia had abolished the death penalty by 1985, and the last person executed by capital punishment was in 1967. In 2022, Queensland celebrated 100 years since the abolition of capital punishment.

In particular, the Strategy outlines Australia’s strong and enduring opposition, on the following grounds:

• it is irrevocable, miscarriages of justice cannot be rectified, and no legal system is safe from error; 

• it denies any possibility of rehabilitation to the convicted individual; 

• there is no convincing evidence that it is a more effective deterrent than long-term or life imprisonment; and 

• it is unfair – it is used disproportionately against the poor, people with intellectual or mental disabilities and minority groups. 

Some of Australia’s closest neighbours still implement capital punishment, and as a nation we recognise that a staged approach to ending the death penalty may be most effective.

Specific goals of Australia’s strategy include, among others:

1. Increasing the number of abolitionist countries — via moratoriums and / or commutations of existing death sentences

2. Reducing the number of executions and crimes that affect the death penalty; and

3. Abolishing the mandatory death penalty where it still exists.

The legislative and regulatory task is not easy

Despite Australia’s clear position on the death penalty, staying true to our strategy is not always easy or straightforward. Nations with whom we have strong, close and enduring ties still practice capital punishment, and diplomatic guidance towards abolition can, at times, be slow and painstaking. Any lobbying or other representation on the issue must carefully balance timing, frequency and the target audience to ensure our advocacy is effective. 

As outlined in the DFAT Strategy:

Australia should be proud of its strong voice against the death penalty, and we are now well known for leadership on this issue. The DFAT Strategy outlines the following ways in which we can continue to reinforce our stance on capital punishment:

• Australian ministers and officials should raise abolition of the death penalty as a priority human rights issue where appropriate, including:

  • at political-level meetings and during official visits

  • in political dialogues

  • in human rights dialogues

  • in consultations on human rights with other countries; and

  • in written official correspondence.

• Senior officials in Canberra should look for opportunities to raise abolition of the death penalty on a regular basis with the heads of mission of retentionist countries. 

• Parliamentarians are invited to raise Australia’s opposition to the death penalty in the course of their own international engagement. 

• Representations should outline Australia’s position on the death penalty, including the reasons we reject it, and urge retentionist countries to move towards a moratorium on the death penalty and eventual abolition. 

Read more about our ongoing policy work