Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I present the government response to the report of the Foreign Affairs, Defence and Trade References Committee on its inquiry into the human rights implications of recent violence in Iran. I seek leave to incorporate the document in Hansard.

Leave granted.

The document read as follows—

Australian Government

Australian Government response to the Senate Foreign Affairs, Defence and Trade References Committee report

Human rights implications of recent violence in Iran

September 2023

Executive Summary

The Australian Government appreciates the work of the Senate Foreign Affairs, Defence and Trade References Committee. The Government welcomes the opportunity to respond to its inquiry 'Human rights implications of recent violence in Iran' and to outline the practical steps that have been actively employed or are under consideration in response to these human rights abuses.

The whole-of-government response to the Committee's recommendations has been coordinated by the Department of Foreign Affairs and Trade (DFAT), in consultation with the following Commonwealth agencies:

The Government supports the overarching principle of the report that it is crucial to hold the Iranian regime to account for its egregious human rights abuses against the Iranian people, including the violent crackdown on protests following the death of Ms Mahsa 'Jina' Amini. However, the Government does not accept the Committee's finding that Australia continues to lag behind other nations in responding to the human rights abuses in Iran.

The Australian Government has been consistent, proactive and assertive in holding the Iranian regime to account for its gross violations of human rights. Australia has condemned Iran's repression of protesters and its ongoing systematic discrimination against women and girls, in public statements, jointly with partners and in multilateral forums such as the United Nations Human Rights Council in Geneva.

Australia has been integral to building pressure internationally and was at the forefront of efforts to remove Iran from the Commission for the Status of Women. Australia co-sponsored and advocated for the establishment of an independent fact-finding mission to investigate human rights violations in Iran.

The Australian Government has imposed three packages of sanctions on Iran in response to the regime's abhorrent abuses of human rights and brutal crackdown on protests and for Iran's continued provision of drones to Russia for use in its illegal and immoral war in Ukraine.

The Australian Government has imposed sanctions on 56 individuals and 23 entities since the protests began, including Iran's Morality Police, the Basij Resistance Force, and senior Iranian law enforcement, military, and Islamic Revolutionary Guard Corps (IRGC) officials.

The Australian Government has amended the Iran autonomous sanctions framework to include new criteria that allows the Minister for Foreign Affairs to sanction persons and entities, involved in:

These changes will ensure that Australia is able to more quickly and effectively respond to the oppression of the Iranian people, as well as Iran's destabilising activities abroad.

The Australian Government has taken steps to limit Australia's engagement with Iran where it is in our interests to do so. In April 2023, the Minister for Foreign Affairs wrote to state and territory governments, Australian public universities and university peak bodies, encouraging these entities to put on hold any existing cooperation with Iranian entities and to avoid engaging in any new initiatives.

The following Australian Government response addresses the Committee's recommendations and underscores the Government's resolute support for the human rights of the people of Iran. Three recommendations are accepted, seven are noted and two are not accepted. The response notes most recommendations as Australia has either been actively pursuing or considering many of the recommended courses of action or, in line with Australian Government policy, we do not speculate on certain actions such as sanctions or listings under the Criminal Code.

The Albanese Government has taken stronger action against Iran on human rights than any previous Australian government. We will continue to deliberately and strategically put pressure on the Iranian regime to uphold human rights.

Response to the recommendations

Recommendation 1

The Committee recommends that the Australian Government oppose the election of the

Islamic Republic of Iran to any United Nations' bodies in light of the regime's clear disregard for human rights, particularly the rights of women and girls.

Response:

The Government notes this recommendation.

The Australian Government is committed to the multilateral system, with the United Nations at its centre.

We recognise that the multilateral system is fundamental to our interests.

As a middle power, we work judiciously and with partners to pursue our core interests through the system, calibrating and prioritising our actions to ensure the most effective use of finite Australian resources.

We will work to oppose the election of Islamic Republic of Iran, and that of other countries and candidates, to United Nations' bodies when it is in our interests to do so.

To this end, the Australian Government was at the forefront of efforts to remove Iran from the UN Commission on the Status of Women, co-sponsoring the resolution that led to its successful expulsion.

Australia also successfully advocated for and co-sponsored the UN Human Rights Council (HRC) Special Session resolution on human rights in Iran calling for the establishment of an independent Fact-Finding Mission.

The Australian Government has also registered our disappointment at Iran's appointment as Chair of the 2023 UN HRC Social Forum. We are deeply troubled that a country which so blatantly disregards human rights continues to be appointed to positions of leadership in the preeminent global body dedicated to promoting and protecting human rights for all people.

Australia made a national statement to the HRC, expressing our concerns with Iran's human rights violations. In this statement, Australia also asserted our solidarity with peaceful protesters and called for accountability.

Australia will continue to advocate strongly in multilateral bodies, including the UN General Assembly and HRC, to condemn Iran's ongoing human rights abuses and violations, especially its persecution of women and girls. Australia's recent advocacy includes our National Statement at the 52nd session of the HRC on 20 March 2023 and our advocacy for the adoption of a strong draft resolution expressing concern of the human rights situation in Iran at the 77th session of the UN General Assembly's Third Committee in November 2022.

Recommendation 2

The Committee is deeply concerned about credible allegations of intimidation and threats against Australian citizens, residents and their families. It recommends that the responsible Ministers provide an update to the Parliament and the Australian public on the government's current assessment of whether persons connected to the IRI regime are undertaking such behaviour in Australia.

Response:

The Government accepts this recommendation in part.

The Minister for Home Affairs, the Hon Clare O'Neil MP, publicly attributed the surveillance, harassment and intimidation of individuals in Australia to the Islamic Republic of Iran (IRI) in her speech on 14 February 2023 (htttps://minister.homeaffairs.gov.au). The Minister for Home Affairs has directed the National Counter Foreign Interference Coordinator to develop an attribution framework for the Australian Government.

Recommendation 3

The Committee recommends that the Australian Government ensure there is an appropriate level of expertise and resourcing in the relevant government departments and agencies, including foreign language speakers and community liaison officers, available to quickly investigate and assess threats against Australians.

Response:

The Government accepts this recommendation.

Commonwealth agencies work together to engage and support communities concerned or affected by foreign interference.

The AFP and ASIO led Counter Foreign Interference (CFI) Taskforce was established in 2020 to discover, investigate and disrupt foreign interference. Where allegations of foreign interference are raised, they are referred to the CFI Taskforce.

The Department of Home Affairs maintains a Community Liaison Officer (CLO) Network not to investigate and assess, but to engage with key community groups on matters of concern, including appropriate mechanisms to report allegations or concerns, and support a two-way information flow with government. The CLO Network has strengthened its ability to engage with culturally and linguistically diverse communities through the addition of language specialist liaison officers.

The Department of Home Affairs also maintains state-based CFI engagement officers who meet with community groups to strengthen resilience to foreign interference.

The AFP maintains Community Liaison Teams (CLTs) which have the primary aim of building, supporting and managing productive, diverse and complex stakeholder relationships and networks. CLTs work to ensure police legitimacy and trust through engagements that strengthen social cohesion and community resilience, and inform and support the well- being of vulnerable and at-risk members of diverse communities.

Recommendation 4

The Committee recommends that all reports of threats, intimidation, monitoring or surveillance by the Iranian community in Australia are followed up, recorded, assessed and reported to the lead coordination agency (regardless of whether individual reports result in a criminal investigation) to ensure that the government has a complete picture of foreign interference efforts by the IRI in Australia. The Committee further recommends that the relevant agencies report to Parliament through the Joint Committee for Intelligence and Security on such activities.

Response:

The Government does not accept this recommendation.

As part of the CFI Taskforce, ASIO and AFP staff operate under their own legislative powers and mechanisms for reporting outcomes to Government.

All reports of foreign interference and espionage are currently considered, triaged and assessed for investigation. This is prioritised through existing mechanisms of cooperation between intelligence agencies and law enforcement, which includes and enables formal information sharing between agencies where there is a relevance and requirement under respective legislations.

As investigations are undertaken on a strict prioritisation of harm, the CFI Taskforce takes a stringent country agnostic approach to investigations. Threats to public safety, threatening of family members, forced repatriations and other serious threats of harm are considered a high priority for response.

The Parliamentary Joint Committee on Intelligence and Security has certain administrative and expenditure review and oversight functions under section 29 of the Intelligence Services Act 2001. Intelligence agencies regularly appear before the Committee and provide reports on relevant matters.

Recommendation 5

The Committee recommends that the Australian Government, in consultation with its allies and through international forums, seek to improve its policy framework to deter the practice of hostage diplomacy and increase transparency and public awareness of the regimes which engage in hostage diplomacy.

Response:

The Government accepts this recommendation.

Australia stands resolutely against the practice of arbitrary detention, arrest and sentencing wherever it may occur, including in Iran. We continue to support global efforts to deter the practice of arbitrary detention for diplomatic leverage through advocacy in multilateral forums, including the UN HRC and the Working Group on Arbitrary Detention.

At the 45th Session of the HRC on 1 October 2020, Australia led a joint statement, delivered by Sweden and supported by 35 countries, on politically motivated arbitrary detention calling on all states to treat detainees in accordance with international human rights law. Australia was one of the first countries to endorse the Canada-led Declaration Against Arbitrary Detention in State-to-State Relations, launched in February 2021. Australia also supports the associated Partnership Action Plan, which aims to operationalise the Declaration, establishing voluntary measures states may wish to support and sustain momentum against this practice.

These measures include engaging civil society, academics and think tanks; or supporting targeted media campaigns to strengthen international awareness to stop arbitrary detention in state-to-state relations. This initiative is a broader policy response and is not targeted at any one case or country.

While the Australian Government recognises that there are no perfect systems or easy solutions, we are committed to refining and improving the ways in which we support Australians detained overseas.

This year, DFAT established the Complex Case Committee to improve its management of complex consular cases, including cases potentially subject to arbitrary detention or hostage diplomacy. The Committee brings together senior decision-makers across government to apply a strategic lens to ensure we are exploring every avenue to make progress on complex cases. The Committee will also provide greater scrutiny of arbitrary detention cases and focuses efforts on their resolution.

DFAT has also established an External Advisory Group this year to better incorporate expert and stakeholder views into support for detainees and their families in complex consular cases. The Group will meet twice a year to provide expertise on handling these cases.

DFAT advises Australians travelling overseas of country-specific travel risks on the Smartraveller website. The travel advice for Iran advises Australians not to travel to Iran and highlights the increased risk of arbitrary detention or arrest. Advice on the risk of arbitrary detention is also provided for a number of other countries.

Recommendation 6

The Committee recommends that the Australian Government use the available Magnitsky legislation to expand the list of individuals and entities subject to sanctions in response to human rights abuses in Iran, with particular focus on senior officials responsible for violence, human rights abuses, arbitrary detention and executions without due process.

Response:

The Government notes this recommendation.

The Australian Government imposes and implements Australian autonomous sanctions as a matter of foreign policy when it is in our national interest.

Since September 2022, the Government has imposed three tranches of thematic human rights (Magnitsky-style) sanctions on Iranian persons and entities involved in the arrest, detention and ill-treatment of Mahsa 'Jina' Amini, the crackdowns on protesters, and the continued oppression of the people of Iran [announced 10 December 2022, 1 February 2023 and 20 March 2023].

These sanctions target 36 persons and 17 entities and include some of the most serious perpetrators of human rights abuses and violations since protests began on 16 September 2022. They include a range of senior Iranian administrative, military, law enforcement and security figures, including individuals within the IRGC.

Under Australia's thematic human rights sanctions framework, the Minister for Foreign Affairs may designate a person or entity if the Minister is satisfied the person or entity has engaged in, has been responsible for, or has been complicit in an act that constitutes a serious violation or a serious abuse of a person's:

The Minister for Foreign Affairs is also required to obtain the agreement of the Attorney- General and consult any other Ministers as appropriate.

On 6 July 2023 the Iran autonomous sanctions framework was amended to include new criteria which would allow the Minister for Foreign Affairs to sanction persons and entities, involved in:

These changes will ensure that Australia is able to more quickly and effectively respond to human rights abuses and violations in Iran, as well as Iran's destabilising activities abroad.

Consistent with longstanding practice, the Government does not speculate publicly on potential sanctions.

Recommendation 7

The Committee recommends the use of sanctions to target Islamic Republic of Iran and Islamic Revolutionary Guard Corps-affiliated individuals and entities responsible for malicious cyber activity against Australia.

Response:

The Government notes this recommendation.

The Australian Government imposes and implements Australian autonomous sanctions as a matter of foreign policy when it is in our national interest.

The Minister for Foreign Affairs may list a person or entity if they are satisfied the person or entity has caused, attempted to cause, or assisted with causing, a significant cyber incident or has otherwise been complicit in causing or attempting to cause a significant cyber incident.

The Minister for Foreign Affairs may also consider whether the conduct of the person or entity was malicious and in the case of a cyber incident that has occurred, whether the incident involved action that: destroyed, degraded or rendered unavailable an essential service or critical infrastructure; resulted in the loss of life or caused serious risk of loss of life; resulted in theft of intellectual property, trade secrets or confidential business information for the purposes of gaining a competitive advantage; or interfered with a political or governmental process, a political right or duty, or the functions or operations of a parliament.

Australia works on a case-by-case basis to consider all relevant factors in imposing all sanctions, including cyber sanctions. Consistent with longstanding practice, the Government does not speculate publicly on potential sanctions.

Australia works closely with like-minded partners to coordinate sanctions where it is in our national interest to do so.

The Australian Government notes that sanctions are not our only choice, and rarely the first choice. The Australian Government makes judgements as to what is the right approach at the right time, in line with our national interests. In September 2022, Australia made a joint cybersecurity advisory to highlight continued malicious cyber activity by advanced persistent threat (APT) actors that the authoring agencies assessed were affiliated with the Iranian Government's IRGC.

Recommendation 8

The Committee recommends that the Australian Government take the necessary steps to formally categorise the Islamic Revolutionary Guard Corps as an organisation involved in supporting and facilitating terrorism.

Response:

The Government does not accept this recommendation.

The power to specify an organisation as a terrorist organisation under the Criminal Code was established by the Security Legislation Amendment (Terrorism) Act 2002. Under the Criminal Code, a terrorist organisation is an organisation that:

Under the Criminal Code, the Governor-General may, on advice, make regulations listing a terrorist organisation.

As noted in its submission to this inquiry on 31 January 2023, the Attorney-General's Department is of the view that, as an organ of a nation state, the IRGC is not the kind of entity that is covered by the terrorist organisation provisions in the Criminal Code.

The Australian Government is focused on taking meaningful steps to put pressure on the IRGC. On 10 December 2022, 1 February and 20 March 2023, Australia imposed three packages of thematic human rights (Magnitsky-style) sanctions which include 27 IRGC- linked individuals and 21 IRGC-linked entities. These sanctions build upon existing sanctions imposed by Australia on the IRGC, including UN Security Council-mandated sanctions since 2006 and autonomous sanctions since 2008. Under these autonomous sanctions frameworks, Australia has imposed targeted financial sanctions on the IRGC as a whole since 2010.

Recommendation 9

The Committee recommends that Australia should minimise relations with the Islamic Republic of Iran to the greatest extent possible in recognition of the appalling behaviour of the regime.

Response:

The Government notes this recommendation.

Australia has maintained a longstanding bilateral relationship with Iran, including an embassy in Tehran since 1968, because it is in our national interests to do so. It has never been an endorsement of the Iranian regime. Embassies and diplomatic staff are essential to maintain official channels of communication between governments.

Our diplomatic presence in Tehran enables us to provide consular services to Australian citizens and make direct representations to the Iranian Government on issues of concern. This includes Iran's threats and attacks against our friends and allies in the Middle East, its destabilising activities in the region and the human rights situation in Iran.

The Australian Government has taken steps to limit Australia's engagement with Iran where it is in our interests to do so.

As an example, in April 2023, the Minister for Foreign Affairs wrote to state and territory governments, Australian public universities and university peak bodies, encouraging these entities to put on hold any existing cooperation with Iranian entities and to avoid engaging in any new initiatives. The Minister also asked state and territory governments to relay this information to local councils within their jurisdiction.

Australia will continue to engage with the Iranian Government when it is in our interests to do so.

Recommendation 10

The Committee recommends that the Australian Government increase transparency and better inform the Australian public about the status of our diplomatic relations with the Islamic

Republic of Iran regime, as well as our security concerns in relation to the regime's behaviour relating to cybercrime, hostage diplomacy and threats to, and intimidation of, Australian residents.

Response:

The Government notes this recommendation.

The Government has been transparent regarding both the status of our diplomatic relationship with Iran and our response to the human rights abuses occurring in Iran.

We have been active and consistent in our public condemnation of the Iranian regime's egregious human rights violations. This includes public statements from the Prime Minister, the Hon Anthony Albanese MP, and Minister for Foreign Affairs, Senator the Hon Penny Wong, as well as at officials level in multilateral forums, and direct representations to Iranian officials in Iran and the Iranian Chargé d'Affaires in Australia to exert pressure on the regime.

The Prime Minister publicly condemned the crackdown by Iranian authorities, expressing his abhorrence at the actions of the Iranian Government in Parliament on 9 November 2022. On 26 October 2022, Prime Minister called on Iran to respect the rights of peaceful protesters and expressing support for Iranian women and girls.

The Minister for Foreign Affairs spoke to her Iranian counterpart in a phone call on 22 March 2023 in which she expressed Australia's condemnation of Iran's brutal crackdown on protests, execution of protesters and oppression of women and minorities. The Minister for Foreign Affairs also conveyed Australia's concerns over foreign interference and made it clear that we will not tolerate surveillance or harassment of Iranian-Australians.

The Minister for Foreign Affairs has provided regular updates to the Senate on Australia's actions in response to Iran's human rights abuses, including on 10, 21, 22, 28 November 2022, and 7, 16 February, and 8 March 2023.

Furthermore, the Minister for Foreign Affairs has made numerous public comments and statements, and issued social media messages expressing her concern with the ongoing situation in Iran and condemning the Iranian regime's horrific repression of protests, including its disturbing use of the death penalty.

On 16 December 2022, the Minister for Foreign Affairs, along with her Canadian and New Zealand counterparts, released a joint-statement condemning Iran's imposition of the death penalty and calling on Iran to immediately establish a moratorium to halt all executions. On 20 October 2022, the Minister for Foreign Affairs delivered a video statement to a meeting of women Foreign Ministers, chaired by Canadian Foreign Minister Joly condemning the

authorities' crackdown and supporting Iranian women and girls. The Minister for Foreign Affairs also issued a joint statement on 27 September 2022 with the Minister for Women, Senator the Hon Katy Gallagher, condemning the violent crackdown on protesters.

Recommendation 11

The Committee recommends that any Iranian officials in Australia considered to be involved in intimidation, threats, or monitoring of Australians be expelled.

Response:

The Government notes this recommendation.

The Australian Government is deeply concerned by reports of protesters and their families being harassed and intimidated. The Minister for Foreign Affairs raised this issue directly with her Iranian counterpart in a phone conversation on 22 March 2023. DFAT also raised this issue with the Iranian Chargé d'Affaires on several occasions.

The Department of Home Affairs is working with the community to conduct targeted engagement on foreign interference. The multi-agency CFI Taskforce leads the operational response to espionage and foreign interference threat and works to identify, investigate, and disrupt attempts and acts of foreign interference.

On the 14 February 2023, the Minister for Home Affairs, in a public address on foreign interference, specifically called out Iran and provided details of an instance of foreign interference in Australia by the Iranian regime. She reiterated that Australia absolutely will not tolerate, under any circumstances, attempts by foreign regimes to disrupt peaceful protests, or try to perpetrate violence or suppress specific views being expressed. The Minister for Home Affairs also clearly stated that the Australian Government will not tolerate hostile acts in the form of surveillance, harassment or intimidation against individuals here in Australia. The Australian Government will continue to defend our democracy and the right of any person in Australia to protest and express their views lawfully, just as we stand up for the rights of those to do so elsewhere.

Regarding the expulsion of Iranian officials in Australia, the Government considers embassies and diplomatic officials to be essential for maintaining official channels of communication between governments. Our diplomatic relationship allows us to make direct representations to the Iranian Government on issues of concern, including the human rights situation in Iran, threats and attacks against our friends and allies in the region and Iran's other destabilising activities in the region, including support for armed proxies.

Recommendation 12

The Committee recommends that the Australian Government increase the intake of Iranians under various visa programs, with a particular focus on women, girls and persecuted minorities seeking to escape the IRI regime. Iranians in Australia on temporary visas who cannot safely return to Iran due to the current crisis and policies of the IRI should not be required to do so.

Response:

The Government notes this recommendation.

Australia's Humanitarian Program operates flexibly to respond effectively to evolving humanitarian situations and global resettlement needs, and the Department of Home Affairs will continue to closely monitor the situation in Iran. Any person, including Iranian nationals, who believe they meet the requirements for a humanitarian visa and wishes to seek

Australia's assistance, can make an application. Each application is considered on its individual merit using current and comprehensive information on circumstances in the relevant country.

Consistent with the approach adopted by the United Nations High Commissioner for Refugees, Australia prioritises resettlement of vulnerable cohorts within the refugee population including women and children, ethnic minorities, LGBTQI+ and other identified minority groups. Iranian nationals have consistently been in the top ten offshore resettlement caseloads over the last five program years.

Australia is committed to its international obligations set out in the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, and other relevant international treaties to which Australia is a party. Australia does not return individuals to situations where they face persecution or a real risk of torture, cruel, inhuman or degrading treatment or punishment, arbitrary deprivation of life or the application of the death penalty. Iranian nationals who are in Australia on another temporary visa, such as a student or visitor visa, and are seeking protection, can apply for a Permanent Protection visa (Subclass 866).

Some temporary visas may have condition 8503 imposed, which prevents visa holders from applying for most temporary and permanent visas while in Australia. This condition does not prevent a person from applying for a Protection visa. Additionally, this condition may be waived where applicants can demonstrate there has been a change in circumstances since the grant of their initial visa, and the circumstances that have developed are compelling and compassionate.

On 13 February 2023, the Government announced a permanent visa pathway to existing Temporary Protection visa (TPV) and Safe Haven Enterprise visa (SHEV) holders. From 14 February 2023, more than 19,000 existing TPV and SHEV holders and applicants who have previously been found to engage Australia's protection obligations will be eligible to either apply for a permanent Subclass 851 Resolution of Status (RoS) visa or will have their existing on-hand TPV/SHEV application converted to a RoS visa application.

The majority of existing TPV and SHEV holders are expected to be granted a RoS visa within 12 months of processing commencement. Around 32 percent of the TPV/SHEV caseload are Iranian citizens.

Iranian nationals are able to pursue other migration pathways to enter, or remain, in Australia depending on their circumstances, such as through the Family stream, and Skilled visa categories. This includes the Skilled Refugee Labour Agreement Pilot Program. Under this pilot program, endorsed Australian businesses are able to utilise a Labour Agreement to sponsor skilled refugees and displaced persons (including those from Iran) to live and work in Australia. For further information, see the Skilled Refugee Labour Agreement Pilot Program webpage on the Home Affairs website.

I thank the Senate and I move:

That the Senate take note of the document.

On this day one year ago, 22-year-old Mahsa 'Jina' Amini was arrested and detained by the Iranian regime's notorious morality police for her alleged noncompliance with mandatory hijab laws. She would never return home from police custody. Mahsa Amini's death ignited widespread protests across Iran. From Abadan to Zahedan, Iranians of all ages, ethnicities and genders took to the streets, demanding respect for their fundamental freedoms and basic human rights. We witnessed courageous women and girls fiercely chanting, 'Zan, zendegi. azadi'—'Woman, life, freedom'—a rallying cry for a movement that echoed and reverberated locally and globally. People protested in cities across the world. In Sydney, Melbourne, Brisbane, Perth, Hobart, Adelaide and here in Canberra, Australians stood in solidarity with protesting Iranians and the Australian-Iranian community, whom I acknowledge here today. Bravely defying a system that suppresses female voices, the women and girls of Iran danced in the streets and demonstrated in schools and universities. Despite intimidation from the regime, shopkeepers closed their stores and employees went on strike.

But, rather than addressing and responding to people's demands, the regime doubled down on repression, and the whole world and all here have been shocked and outraged by the brutal tactics employed to quell protests. We have heard harrowing accounts of abhorrent violence against women committed by Iran's security forces. Distressing scenes of lethal force, beatings, spraying of teargas, firing of metal and rubber pellets, and mass incarcerations—these have filled our TV screens and circulated on social media. Hundreds of protesters were killed. Thousands more were arrested. And we know that minority communities were singled out for particularly harsh treatment. We were horrified by the brutality against the Baloch community on what has been known as Bloody Friday, and the use of military force to subdue Kurdish protesters, including those in Kurdistan province, where Mahsa 'Jina' Amini hailed from. The regime would later employ the death penalty against protesters to instil fear in the population. Draconian sentences were issued with no regard for due process. Mobile services, phone services and the internet were restricted to silence the voices of protesters. But the regime failed. Iranian voices were heard, and we responded.

From the beginning of the regime's crackdown the Albanese government has worked strategically to build pressure on Iran, and we were at the forefront of efforts to remove Iran from the Commission on the Status of Women. Australia co-sponsored and advocated for the successful Human Rights Council resolution, establishing an independent investigation into human rights violations in Iran. We have taken steps to limit Australia's engagement with Iran where it is in our interest to do so. In April I wrote to state and territory governments and to universities, encouraging them to pause existing cooperation with Iranian entities and to avoid engaging in new initiatives. We have consistently and forcefully raised our concerns directly with Iran. I have spoken with my counterpart and directly expressed Australia's condemnation of Iran's brutal crackdown on protests, execution of protesters, and oppression of women and minorities. My department has repeatedly summoned Iran's representative to Australia while our diplomats in Tehran have made representations directly to the regime. We continue to call out Iran internationally in concert with partners and in multilateral fora, where we use every opportunity available to us to hold Iran to account for its egregious human rights violations.

Earlier this year I asked the Department of Foreign Affairs and Trade to expand the scope of the Iran autonomous sanctions regime to specifically capture the oppression of women and girls in Iran and the general oppression of the population. The time to use these new criteria is now, so I am imposing fresh sanctions on four persons and three entities. They include: the spokesperson for Iran's law enforcement forces; an individual responsible for publishing intimidating statements and threatening warnings towards Iranian women and girls who are deemed to be noncompliant with veiling laws; and the Iranian Cyber Police, an entity central to obstructing freedom of expression through restricting internet activity in Iran.

These designations build on the three tranches of sanctions I've already imposed since the crackdown began, which includes sanctions on 27 IRGC officials and 21 IRGC entities—that is, the Iranian IRGC officials. This follows nine years of coalition government during which no new sanctions were imposed on Iran. That is the case: no sanctions were imposed on Iran under the last government. Now, some of the government's actions are captured in the response to the report of the Senate inquiry on Iran, which I have tabled today.

I thank those in the Iranian-Australian community who came forward to share their experiences with the committee. I've had the privilege of meeting with some of them. Their stories are hard to hear for anyone of compassion. Their stories deepened our understanding and our sorrow at what has been taking place in Iran. And our response underscores Australia's resolute support for the human rights of the people of Iran and confirms that the Albanese government has taken stronger action against Iran on human rights than has any previous Australian government—although of course, regrettably, the egregious human rights abuses in Iran didn't just start last year.

Our response highlights the tools we've used to take action and reinforces our determination to take decisive and targeted action to hold Iran accountable. But I will say this: while the protests may have subsided, the suffering has not. Women and girls in Iran still face systemic persecution. Sexist discrimination continues to be entrenched in Iranian law and in practice. Authorities routinely prosecute and harass those who advocate for the rights of women and girls. A few weeks ago, ahead of this upcoming anniversary, Iran arrested over a dozen family members of human rights activists. And as we gather here today Iranian MPs are pushing for a hijab-and-chastity law that would continue to punish women and girls for any violation of the country's modesty laws. These are just some of the reminders of the entrenched discrimination that has such profound impacts on Iranian women in society. It is the same malignant discrimination that was responsible for Mahsa's death last September. Instead of alleging that Mahsa Amini died of natural causes, Iran should hold to account those directly responsible for her death. And instead of repeating the lies that foreign forces were behind protests, Iran should take responsibility for its actions and listen to the voices of its own people.

I'm sure we all, regardless of our political differences, would together call on Iran to listen to the voices of its people—women, life, freedom. I thank the Senate.

Claire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | Link to this | Hansard source

The Iranian-Australian community will be devastated with this response and the refusal of the government to accept the vast majority of the recommendations of the Senate inquiry into the human rights implications of recent violence in Iran. It is staggering that the government would wait seven months to release this response to a committee inquiry that was undertaken urgently to respond to a crisis situation. And the government has waited until the week of the anniversary of Mahsa Jina Amini's death to refuse to accept these recommendations, which were based on more than 1,000 submissions received and a huge amount of expert evidence.

On 30 April this year, three months after the Senate committee handed down our report, a coalition of Iranian-Australian community groups and a long list of members of the diaspora community wrote to the Prime Minister and to the foreign minister. In that letter they said: 'We refer you to 12 actions recommended by the Senate References Committee on Foreign Affairs, Defence and Trade in conclusion of its public inquiry in February 2023. These recommendations are informed by over 1,000 submissions from individuals, Australian and international experts, universities, and community organisations. Also backing them are nearly 55,000 signatures on our parliament petition and weeks of continual protests. That petition said: 'We, Australians and members of the Iranian-Australian community, stand in full support of the recommendations of the Senate's report and demand nothing short of full and prompt implementation of all 12. We appreciate that officials of your government often highlight the actions taken thus far, but the gap between the current and wanted positions is still deep and wide.'

The letter goes on: 'Dear Prime Minister, our sisters and brothers in Iran are keeping the fight up against the evil of the Islamic Republic, and we have sworn to stand by them until the end. Rest assured that we will not tire, nor be distracted. Words and excuses do not go a long way when crime against humanity is at stake. Disassociate yourself, your government and our nation from the Islamic Republic corrupt criminals. Stand on the right side of history. Implement the 12 recommendations.'

This is just one of numerous letters and emails from the Iranian-Australian community, urging the government to act on this report and to implement the recommendations. I'm absolutely staggered that the government hasn't accepted all of these recommendations, but I'm particularly staggered that they haven't accepted this one:

The committee recommends that any Iranian officials in Australia considered to be involved in intimidation, threats, or monitoring of Australians be expelled.

How can the government not accept that recommendation, when the government and the Australian public know that intimidation and harassment of Australians is occurring, and has even been publicly attributed to the Iranian regime?

The home affairs minister said that this will not be tolerated, and yet now the government has not accepted a recommendation that any Iranian officials involved in harassment or intimidation of Australians be expelled. The government hasn't accepted recommendations to minimise relations with the IR regime, or even the recommendation to increase transparency and to better inform the Australian public of the status of our diplomatic relations with the IR regime and the security risks that represents relating to cybercrime, hostage diplomacy and threats and intimidation of Australians. Iranian Australians have been so brave in speaking up and urging this parliament and this government to act. They know they're taking a risk to their personal safety in opposing the IR regime by turning up to rallies, making submissions and writing letters. It is devastating that the government's response accepts just two of the 12 recommendations in full and one in part.

As I said yesterday in this place in the debate on the anniversary of Mahsa Amini's death, this comes at a time when the IR regime is successfully growing its influence, expanding its state-sponsored terror activities, extracting billions of dollars in ransom—which was released to them today—and continuing to get closer to developing a nuclear bomb. I'm reminded again of the words of Sydney Peace Prize recipient Nazanin Boniadi who, in an address to parliamentarians earlier this year, said that for 44 years we have tried the same policies and expected a different outcome: that's the definition of insanity. This response looks and feels like a document which the IR regime can live with.

Raff Ciccone (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

I also want to rise to take note of the response to the inquiry report Human rights implications of recent violence in Iran. The government, as we heard from the minister, does support the overarching principles of the report and the work that the committee undertook late last year—and, obviously, earlier this year as well. This was very crucial work in helping inform government about holding the Iranian regime to account for its shocking human rights abuses towards its own people, including the violent crackdowns that we saw across the media and its treatment of Mahsa Jina Amini.

The government, as acknowledged by the minister, does not accept the committee's findings that Australia continues to lag behind other nations in responding to human rights abuses in Iran. The government has been consistent, proactive and assertive in holding the regime to account for its gross violations of human rights and has condemned in the strongest possible terms Iran's repression of protesters, and its treatment of women and girls in that country.

Australia has been integral in building pressure internationally, and I think that's probably going to be the key focus here. Australia alone can't solve the problems that we've been seeing, sadly, but we have to work with our international partners, our allies and friends, to build that pressure on Iran to change its attitudes and how it treats women and children. Australia has been at the forefront of efforts to remove Iran from the Commission on the Status of Women, and it has cosponsored and advocated for the establishment of an independent fact-finding mission to investigate human rights violations in Iran.

I want to thank the many individuals and organisations that made a contribution to the inquiry that led to the report of the committee. I deeply acknowledge the lived experience and courage of the many people who came to the committee. Senator Chandler and I heard invaluable evidence in that inquiry. The violent measures employed by the Iranian government against those who stand up to this oppression, particularly women and girls, is abhorrent. As we discuss this issue in the chamber, we must keep at the front of our minds the extraordinary courage of those in Iran and abroad who continue to express their fierce opposition to the oppressive practices of the Iranian government. This opposition often comes at great risk to them and their families, as we heard in the inquiry. This Saturday marks the first anniversary of Jina's death three days after she was arrested by Iran's morality police for allegedly breaking a dress code. Her arrest, detention, ill treatment and death have been a source of much anger and resolve for all those who stand up against oppression, particularly the Iranian community here in Australia.

The government here in Australia has taken more action than any previous government to hold that regime to account for its use of violence to deny human rights to its own people. This has included the imposition of Magnitsky style targeted financial sanctions on Iranian entities and additional financial sanctions and travel bans on individuals. As we heard from Minister Wong earlier, additional people have been added to the sanctions list today. These individuals include four members of Iran's morality police responsible for the death of Jina. Sanction targets also include senior law enforcement, political and military figures, including within the Islamic Revolutionary Guard Corps, involved into the violent crackdown on protests. Further sanctions were applied against Iranian individuals and entities involved in the production of drones and their supply to Russia. These Iranian made drones have been used by Russia to target Ukrainian civilians and civilian infrastructure. The government today rightly announced that it is building on its unprecedented action against Iran on human rights with further sanctions. This follows amendments to Australia's autonomous sanctions framework to ensure our sanctions can capture more Iranian actors, including those involved in the oppression of women and girls. Sanctioned individuals include the police spokesperson for Iran's law enforcement forces, who has repeatedly made intimidating and threatening statements towards Iranian women and girls for violating their veiling laws. Targeted entities include Iran's cyber police, which is central to obstructing freedom of expression through restricting internet activity in Iran, and Press TV, the state backed TV channel which has broadcast the forced confessions of many Iranians and dual nationals who are detained and tried under politically motivated judicial procedures.

I am glad to hear today that the minister has made a number of announcements, including tabling the government's response. The fact is that the government has been at the forefront of holding Iran to account and has taken stronger action against the Iranian government on human rights than any government in the past. I want to express my solidarity with the Iranian people in their struggle against oppression and thank all the individuals and organisations who played a very important and significant role in the committee's inquiry.

Jordon Steele-John (WA, Australian Greens) Share this | Link to this | Hansard source

The Greens would like to begin this contribution by acknowledging the members of the Australian Iranian community who provided testimony and accounts of the current reality in Iran. For me, as an active member of that inquiry, it was some of the most powerful evidence that we have taken as a committee, and it was absolutely instrumental in forming the clear and decisive view that emerged amongst us as members that there needed to be decisive, swift action by the Australian government in solidarity with the people of Iran. The community have lobbied parliamentarians since the moment of 'Jina' Mahsa Amini's murder at the hands of the Iranian authorities, and they should be proud that all parliamentarians across parties are aware of Iran's human rights abuses and the impact of the regime upon the community. They have worked with a tireless ferocity to ensure that their government acts tangibly to support those pushing for democracy and to safeguard members of the community from those representatives of the regime here in Australia.

At this point I really need to acknowledge the pain and emotional labour that those that gave evidence to the committee bore to share their stories and evidence and the effort and energy of families, often seized by a soul-deep terror, an all-consuming fear of what is happening to their family members in Iran—and yet they have continued to campaign. They have continued to push. They have continued to turn up out the front of this building to speak the names of their family members even as those family members were awaiting the death penalty. Even as the clock was counting down, they were out front of this building, in the corridors, advocating, pushing. They are an example to all of us in this place. We in the Australian Greens remain in the most profound solidarity with you. You will never need for a moment to attempt to persuade or cajole us into action. We are there with you. We will organise with you for women, for life and for freedom in Iran and for the protection of your human rights here in Australia.

In the additional comments to this report to which the government is responding today, the Greens supported all recommendations of the report and called on the government to act on them urgently, and yet it has taken months for the government to issue this formal response. We welcome the sanctions announced today and we welcome, finally, the response of the government to this report. Throughout the time the inquiry was held, the Australian government was forced by community pressure to implement targeted sanctions on the Iranian regime, an action the community had been calling for since the moment of 'Jina' Mahsa Amini's murder.

Now, sadly and deeply frustratingly, these enactions were late. This was critically observed by the final report of the committee. The Department of Foreign Affairs, the minister and the government did not act swiftly enough. I know, from the many conversations that I have had with the Iranian Australian community, about this repeated line from the minister and the government that they have taken more action on Iran than any previous government. We heard it in the minister's speech. 'We've taken these measures when the previous mob did nothing.' Well, when your bar of success is nothing for nine years, I don't think you're in a very strong position to celebrate your action now.

Let's place this in context. 'Jina' Mahsa Amini was murdered on 16 September 2022. Canadian Prime Minister Trudeau announced Canada's intention to sanction Iranian officials after 10 days. In 10 days, Canada took this action. In comparison, Australia's targeted sanctions were not applied until 10 December, close to three months later. It may well be that the department and the minister intend in future to act more speedily in response to such developing international human rights concerns. I very much hope that that is the plan, but it does no good to anyone to pretend that the reaction time was appropriate or acceptable, when it was and is not.

Once applied, initially the sanctions were limited in scope and did not go as far as was needed in the attempt to deter the regime. Further, the European parliament called on its council to list the Islamic Revolutionary Guard Corps as a terrorist organisation. The United States and Canada have made this designation. Yet we see today from the government a continued refusal to do so. In the face of this compelling international precedent, the best the department can offer is: 'It is not of our view—it is not of the Attorney-General's view—that this would be an appropriate course of action.' That is not a good-enough excuse to ignore such compelling international precedent.

Iranians continue to rise up against the regime, to push for democracy and the protection of the rights of women and girls. The Australian Greens would like to highlight the role of women in boldly and courageously raising their voices against a regime so desperate to silence them. They have been the drivers of activism and lobbying and protest, despite the Iranian regime enacting egregious measures to minimise and control the impact that they were having and, indeed, to undertake violent and the most horrific forms of state sanctioned tyranny against its citizens. The system of law and order which Iran implements is one of the most authoritarian, violent and violating systems of law and order in the world, and the absolute razor edge of this regime is felt by women and girls, particularly those from Kurdish communities.

I will also take this opportunity to comment on the Iran's abhorrent involvement in hostage-taking as a practice of diplomacy. The act of hostage-taking must be disincentivised so as to prevent more people from being put at risk. Placing targeted sanctions on individuals pursuing this activity in Iran would send a strong message of Australia's future intention to protect our citizens from being arbitrarily detained, wherever they may be in the world. We would also like to take this opportunity to express once again our support for the request of Kylie Moore-Gilbert and others who have been wrongfully detained overseas that DFAT establish a special envoy for arbitrarily detained Australians. There must be a focus upon this issue from the department.

We need to learn from the Iranian Australian community. We need to hear their calls for action. We need to be open and honest about the failures of this government in acting quickly enough, and we need to make reparations for that failure by continuing to escalate the tangible actions that this government takes against the Iranian regime. We need to finally do that which the Iranian Australian community has been asking this government to do. List the Islamic Revolutionary Guard Corps as a terrorist organisation. It is within the power to do so and must be done—women, life, freedom.

Question agreed to.