DFAT said so far Australia has sanctioned one Chinese individual in relation to the proliferation of weapons of mass destruction in Iran.
The Department of Foreign Affairs and Trade (DFAT) has revealed that Australia has not imposed sanctions on Chinese Communist Party’s (CCP) officials implicated in human rights abuses.
The federal parliament is investigating the implementation of the Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Act 2021, also known as the Magnitsky Act. This act allows targeted sanctions against human rights violators.
Named after Russian lawyer Sergei Magnitsky, who uncovered a US$230 million ($368 million) Russian government corruption scheme.
Instead of being rewarded for whistleblowing, he was imprisoned and reportedly tortured to death.
In 2012, the United States passed the Magnitsky Act to punish Russian officials who were responsible for Magnitsky’s death by imposing sanctions on them.
Since then, 35 countries have incorporated the Global Magnitsky Act into their legal systems, with Australia joining in 2021.
No CCP Officials Sanctioned for Human Rights Abuses: DFAT
During a recent parliamentary inquiry, Liberal Senator Linda Reynolds questioned DFAT representatives about how many sanctions Australia had imposed on Chinese individuals under the Magnitsky framework.
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Julie Heckscher, DFAT’s first assistant secretary of the regulatory and legal policy division, said there was none.
“So far as I am aware, we have no sanctions currently against Chinese individuals or entities,” she said.
The assistant secretary later revised her answer and stated that there was one Chinese individual sanctioned—but only in relation to spreading weapons of mass destruction in Iran, not human rights abuses.
Reynolds then inquired whether there had been any sanctions concerning human rights abuses in China.
“There hasn’t been sanctions at all,” Heckscher said.
When asked if Australia would follow the U.S. in sanctioning Chinese officials over human rights violations in Tibet and Xinjiang, Heckscher said she could not give an opinion on this matter.
“I can say that all of our sanctions frameworks and the consideration of sanctions is ongoing, but we don’t speculate about sanctions,” she said.
Heckscher also noted that sanction decisions fell on the relevant minister and must meet specific legal criteria.
In addition, the assistant secretary said sanctions were one of the tools that Australia used to tackle human rights abuses.
“[There are] no sanctions action in relation to China. But of course, there has been action on general human rights issues,” she said.
Australia Has Sanctioned 85 Foreign Individuals: DFAT
Since the introduction of the Magnitsky Act in 2021, Australia has sanctioned 85 foreign persons and 18 entities.
“This includes 25 Russian perpetrators and accomplices of Sergei Magnitsky’s abuse and death, 36 Iranian individuals, and 17 entities involved in the oppression of women and girls and the crackdown on peaceful protesters,” Heckscher said.
Among the list of affected individuals are seven people involved in the poisoning of Russian Opposition Leader Alexei Navalny, seven Israeli individuals, and one entity involved in settler violence against Palestinians in the West Bank
“[The sanctions] send a wider message about the government’s commitment to human rights as an underpinning of international peace and security,” Heckscher said.
“They convey Australia’s stance on egregious situations of international concern, and also convey solidarity for victims of human rights abuses and human rights defenders.”
