Kim Wilkie (Swan, Australian Labor Party) Share this | Hansard source

by leave—I was about to congratulate the foreign minister for being here while we discussed this matter, but I see him bolting from the chamber! The Joint Standing Committee on Treaties report 84 contains a review of the Agreement between Australia and the Republic of Indonesia on the Framework for Security Cooperation. The committee supports the agreement and considers it to be in Australia’s national interest. The treaty is practically focused and provides the basis for cooperative activities between Australian and Indonesian agencies to combat terrorism and transnational crime. It strengthens commitments to cooperate on defence, law enforcement, counterterrorism, maritime security and emergency management and response. I will speak briefly on certain aspects of the agreement.

The intelligence cooperation provisions provide for cooperation and the exchange of information and intelligence on security issues between relevant institutions and agencies, in compliance with their respective national legislation and within the limits of their responsibility and also international obligations. There was some concern that the agreement provides inadequate safeguards and that the exchange of information or intelligence might inadvertently lead to the prosecution of an offence to which the death penalty applies. The committee is familiar with these concerns, as similar concerns have been raised in relation to recent mutual assistance treaties—although I must mention here that it should be recognised that the arrangements for mutual assistance operate in a different way from the type of cooperation provided for in this particular treaty.

There is value in Australia and Indonesia sharing intelligence and information, particularly as a means of combating traditional and non-traditional security threats. The committee heard evidence that it would be concerning if the agreement specifically precluded the Australian Federal Police and other bodies from sharing information in situations which might lead to the death penalty, as it would severely limit the ability of the AFP to investigate and pursue a range of security threats—in particular, threats of terrorism. The sharing of information and intelligence between Australia and Indonesia is an important way to prevent terrorism and transnational crime.

In relation to the defence cooperation provisions of the agreement, I would reiterate the chair’s remarks that defence cooperation with Indonesia is not in itself harmful or damaging. Some submissions claimed that cooperation between Australian defence forces and the Indonesian military would lead to human rights abuses in Indonesia and, in particular, in Papua. However, defence cooperation under the agreement would focus on human rights and good governance, and training or cooperation would also not take place with known or suspected abusers of human rights.

The defence cooperation provisions of the agreement provide an opportunity to improve and develop the professionalism of the TNI and are, in principle, supported by the committee. However, much of the detail of cooperation between Australia and Indonesia will need to be worked out in future arrangements and agreements, and, as the committee acknowledges that there are concerns relating to the Indonesian military, it has recommended that defence cooperation arrangements between Australia and Indonesia be more transparent.

The agreement provides a solid basis for encouraging dialogue, exchange and cooperative activities in areas of particular strategic importance to Australia, and the committee considers the agreement to be in Australia’s national interest.

The recommendations made in this report address many of the concerns raised in submissions and public hearings. Most of these concerns have been outlined in the report. In addition to recommending that binding treaty action be taken, the committee recommended that the Australian government:

… continue to address widely expressed concerns about human rights in Indonesia with the Indonesian Government and in appropriate international fora.

… increase transparency in defence cooperation agreements to provide assurance that Australian resources do not directly or indirectly support human rights abuses in Indonesia.

… encourage the Indonesian Government to allow greater access for the media and human rights monitors in Papua.

… engage in a campaign to increase public support for the Australia-Indonesia relationship. This campaign would have the goal of increasing awareness of the democratic reforms in Indonesia and the value to Australian security of strong relations with Indonesia.

I would also like to take this opportunity to thank those who made submissions and presented evidence. In particular, I would like to thank Philip Amos, the parliamentary intern from the Australian National University, whose research into and report on this agreement was invaluable. I would also like to thank the secretariat for their work in preparing this report. I commend the report to the House.

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