Senate debates

Thursday, 12 March 2009

Questions without Notice

Burma

2:18 pm

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

My question is to the Minister representing the Minister for Foreign Affairs. In his statement of 22 October 2008 the foreign minister announced that the Australian government would ‘continue to press Burma’s regime for meaningful progress towards democracy’. Can the minister outline exactly what the government has done since this announcement?

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

I thank Senator Ludlam for his question. I can indicate, as the senator would probably be aware, that in his statement of 22 October last year the Minister for Foreign Affairs announced that the Australian government would continue to press the Burmese regime for meaningful progress towards democracy. The government of course remains gravely concerned by the Burmese regime’s systematic repression of Burmese citizens for their political views. In November last year the regime sentenced over 200 individuals to harsh prison sentences for political crimes. That brings the population of political prisoners to somewhere over 2,000 people.

Since that time Australia’s ambassador has conveyed our strong concern at the political situation to a number of Burmese ministers and senior officials, and we have repeated our call for the immediate and unconditional release of all political prisoners. Australia welcomes the regime’s release of 29 political prisoners in February, although this falls short of what the international community is looking for. And of course the government looks to Burma for further releases of political prisoners. The government continues to support the efforts of the UN Secretary-General, Ban Ki-Moon, who, with his special envoy Ibrahim Gambari, is pushing for a genuine dialogue between the regime and the opposition.

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

I thank the minister for his answer. Mr President, I ask a supplementary question. Given the recent actions taken by the prosecutor of the International Criminal Court on Sudan, and given statements made by the Prime Minister and the Attorney-General—when they were in opposition—on the appropriateness of ICC action on Burma, is the government evaluating the possible impact of the Burmese regime being prosecuted in the ICC?

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

I thank Senator Ludlam for his supplementary question. It is an important issue. Can I indicate to Senator Ludlam and the Senate that Burma is not a party to the International Criminal Court statute. A prosecution against any of Burma’s leaders for crimes under the jurisdiction of the International Criminal Court would require a referral by the UN Security Council or the consent of Burma. Neither of these situations is currently likely, as I am sure the senator appreciates. I can say that the government keeps under review the prospects of UN Security Council action referring the situation in Burma to the ICC. It would be possible for a future Burmese government to make a declaration to the ICC asking it to investigate the actions of the current Burmese military regime.

Photo of Scott LudlamScott Ludlam (WA, Australian Greens) Share this | | Hansard source

Thank you, Minister. Mr President, I ask a further supplementary question. The National League for Democracy won 82 per cent of the seats in the 1990 election for a parliament that was never convened—and I would like to acknowledge the presence of three of those MPs in the gallery this afternoon. An election is planned for 2010, based on a constitution that the foreign minister has rightly called a sham. How is our government pressing the regime for reform of this constitution? Are any relatives of Burmese regime officials currently in Australia; and, if so, why?

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party, Cabinet Secretary) Share this | | Hansard source

I say to Senator Ludlam—again through you, Mr President—that of course real political change will require a genuine political process in Burma, with all the political players, including opposition groups, and Burma’s ethnic minorities properly represented. Any genuine process, of course, would ultimately discuss constitutional arrangements. The government will continue to support the United Nations in its efforts to start such a process and, again, the government will maintain bilateral pressure on the Burmese regime to the end. I do not have enough time to address the final issue you raised, Senator, in relation to families; I will take that on notice and respond to you as soon as I can.