Senator Simon Birmingham – Estimates questions regarding Australia declining to join a joint statement at the Human Rights Council in relation to “the disproportionate attention given to Israel”

photo of Senator Simon Birmingham
October 26, 2023

Why, for the second year in a row, has Australia declined to support the joint statement of the Human Rights Council this year by 27 nations—last year, it was by 22 nations—in relation to the disproportionate attention given to Israel by the council and the open-ended mandate of the commission of inquiry with no sunset clause?

Senator BIRMINGHAM: Okay, I will seek to be fast then. Why, for the second year in a row, has Australia declined to support the joint statement of the Human Rights Council this year by 27 nations—last year, it was by 22 nations—in relation to the disproportionate attention given to Israel by the council and the open-ended mandate of the commission of inquiry with no sunset clause?

CHAIR: Are these officials not part of the other team? They could answer this after—

Senator Wong: This is about the UN.

Senator BIRMINGHAM: Well—

Senator Wong: It’s multi-layered, I know. I’m just saying—

CHAIR: I’m just trying to manage the time here.

Senator Wong: Ms Smith here will be more able to answer.

CHAIR: Alright. Keep going.

Senator BIRMINGHAM: I’m happy to save this question for later. But it definitely relates to government policy on the Middle East but how it’s reflected at the UN.

Senator Wong: Sure.

Ms Smith : Senator, the statement you’re talking about was at the Human Rights Council in the last session that it had, in September/October—is that correct?

Senator BIRMINGHAM: June 20.

Senator Wong: Not 2020 but 20 June?

Senator BIRMINGHAM: It was 20 June 2023. I am happy to do this later.

Ms Smith : Yes, I might come back to you, because I’ve got information on the last session, but I’d have to—

Senator BIRMINGHAM: If we have officials who can address this part of government approach to Middle East policy, without detaining Mr Jadwat, then that is fine.

CHAIR: Is that your line of questioning, Senator Birmingham?

Senator Wong: Does it relate to UN bodies’ voting decisions?

Senator BIRMINGHAM: That’s the focus I was going to take, so let’s go to Senator Chandler.

[……..]

CHAIR: Senator Birmingham.

Senator BIRMINGHAM: I think we’ll bring Ms Smith back to, hopefully, quickly finish off the question we were asking when we were trying to work our way through the Middle East, which relates to the Human Rights Council statement on the commission of inquiry into Israel. What is the reason for the Australian government’s continued refusal—last year and this year—to support and join in that statement?

Ms Smith : It’s not a refusal to join that statement. In fact, we delivered our own national statement this year and last year in the Human Rights Council on this issue and, I’d add, most recently, only a few days ago, also delivered a statement on this in the Third Committee—which is the human rights committee—of the UN General assembly in New York.

Senator BIRMINGHAM: With these statements, countries join together to give greater impact to a statement of consistent language. This statement had 22 signatories in 2022, which was, I think, the year the new government chose not to join it. It had 27 signatories this year, so it has actually gone up in terms of the number of countries joining, including regional partners like Fiji and Papua New Guinea joining. What does Australia disagree with in the statement that would cause us not to be willing to join it as presented?

Ms Smith : There is not a disagreement with what is in the statement. In fact, if you look at our national statements and the joint statement, they’re entirely consistent. In June 2022, when the government made the first of these as a national statement rather than the joint statement, it was really the new government wanting to elaborate the approach to the Middle East peace process by doing a national statement. I’d also say that, yes, joining together in a single statement can be effective, but it can also be effective when there are others who provide national statements that are supportive of exactly the same sentiments that are in other national or joint statements.

Senator BIRMINGHAM: But, if our national statement is entirely consistent, what is the rationale for us not joining the joint statement?

Ms Smith : As I explained, in June last year it was the new government taking the opportunity to elaborate on the approach to the Middle East peace process by having a national statement, and then we’ve just continued that in the Human Rights Council this year.

Senator BIRMINGHAM: Was consideration given to joining the joint statement this year?

Ms Smith : We are in touch with our like-mindeds in the Human Rights Council on a whole range of issues, and I’m sure we looked at the joint statement, but we continued with the national statement approach that we started last year.

Senator BIRMINGHAM: Was Australia asked to join the joint statement this year?

Ms Smith : I’d have to take that on notice.

Senator BIRMINGHAM: Let’s take that on notice. Thanks. I’ll move on. I’d like to turn to recent events between the Philippines and China involving the PRC coast guard in the South China Sea. What is DFAT’s understanding and assessment of the incidents that have occurred between ships of the Philippines and the PRC in recent weeks?

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