Natasha Stott Despoja (SA, Australian Democrats) Share this | Hansard source

by leave—The position of the Australian Democrats is very clear on this issue. We will not be supporting the motion. The attempt to put forward what are perceived as virtues in the Military Commissions Act 2006 that has been passed in the United States when there are such glaring inadequacies and deficiencies in it and in the military commission process is not something that we will be supporting.

Without wanting to reflect on a decision of the Senate, I note the closeness of the vote on the Democrat motion that we had this morning. That motion made very clear the fundamental problems with the Military Commissions Act and the fundamental breaches of humanitarian law and the Geneva Convention. I, like Senator Ludwig, was heartened by the comments from Senator Joyce—I was one of the first to happily congratulate him on his comments. I think we are starting to see a change in opinion not only in our community but also among members of parliament on all sides in relation to this fundamental breach of a man’s human rights and citizenship rights and this fundamental breach of international humanitarian law. This motion, I am afraid, is aiding and abetting a process that is flawed. We will not be supporting the motion, but I do thank those members of the Senate, including the Greens, the Labor Party and Senator Fielding, for their support of the Democrat motion moved earlier today that actually did list the huge and glaring deficiencies in the Military Commissions Act.