International sanctions laws to target rights abuse and corruption

Proposed tough new laws for Australia to sanction individuals ­responsible for serious human rights abuses and corruption could pose a new threat to relations with China.

A State Memorial Service for former Victorian Premier John Cain held on Monday 3 February at 11am at St Paul's Cathedral, Melbourne. Kevin Andrews attended. Picture: Jason Edwards

Proposed tough new laws for Australia to sanction individuals ­responsible for serious human rights abuses and corruption through freezing assets and denying access to benefits, such as education, for family members, could pose a new threat to relations with China.

Under the proposed laws, akin to the so-called Magnitsky laws in the US, Canada and Britain, individuals, corporations and state bodies responsible for serious human rights abuse and corruption would face sanctions including freezing assets in Australia, denying visas and stopping family members from using the proceeds to pay for goods or services.

The bipartisan parliamentary committee on human rights has also recommended that sanctions could be applied to attacks on journalists and the media.

The foreign minister would be given the power to declare sanctions after complaints of serious corruption or human rights abuse were lodged, examined and the person or body given the opportunity to respond.

The minister, in consultation with the attorney-general, could also place an individual or body on a public “watch list” for serious corruption or human rights abuse as a warning.

Supporters of the laws argue they could be used against Chinese officials, although the global campaign was originally aimed at Russia. The proposed laws, which could be considered next year, apply globally, are endorsed by the UN and would link into a worldwide set of laws designed to target individuals and state bodies guilty of corruption and abuse.

The idea is to aim at specific targets and avoid punishing innocent populations with broad economic and political sanctions.

Committee chairman and Liberal MP Kevin Andrews said existing Magnitsky laws had already been effective against individuals without hurting the innocent.

“Travel bans and seizing assets have prevented perpetrators from enjoying, with impunity, the proceeds of their crimes, and have most likely deterred other would-be perpetrators from attempting to do the same,” Mr Andrews told parliament on Monday.

“Implementation of Magnitsky laws will give Australia the ­option to impose travel bans and freeze assets. Working in concert with other countries, we will close the gap of opportunity for perpetrators and ensure there are consequences in cases where they were otherwise lacking,” he said.

“It has long been the case that kleptocrats and other perpetrators of serious human rights abuse and corruption have transferred assets to enjoy in Western countries with safe, stable democracies and secure financial systems, such as Australia,” Mr Andrews said.

“While it would be preferable for the perpetrators of human rights abuse and corruption to face penalties in their home countries, with reparations made to ­their victims, this is often not what happens,” he said.

“The report recommends san­ctions should be applicable to the immediate family and direct beneficiaries of human rights abusers, and should be applicable to all entities, including persons, corporate entities and both state and non-state organisations.

“The implementation of this report’s recommendations will send a strong and clear signal to perpetrators of human rights abuse and corruption about the values of Australians.”

US financier and billionaire Bill Browder has campaigned for global laws to limit the benefits available to corrupt officials after his employee, Sergei Magnitsky, was arrested, tortured and died in police custody in Russia after uncovering a massive tax fraud.

Mr Browder indicated Australia could impose the new sanctions against Chinese officials responsible for the human rights abuses of the Xinjiang internment camps in northern China.