- Background
- The 10th of October 2024 marked the annual World Day Against the Death Penalty. It is a day aimed at promoting general awareness of the abolitionist movement against the death penalty. This year and 2025 are dedicated to ‘challenging the misconception that the death penalty can make people and communities safer’.
- On the 10th of October 2024, Senator the Hon Penny Wong, and the Attorney-General the Hon Mark Dreyfus KC met with Members of the European Union Member States’ Ambassadors at Parliament House. The Hon Mark Dreyfus noted that:
As Attorney-General of Australia, I reaffirm Australia’s opposition to the death penalty, which is longstanding and bipartisan. We oppose the death penalty in all circumstances and for all people. Like all of your countries, Australia is focused on efforts to achieve global abolition. We advocate in multilateral, regional, and bilateral settings, and in our advocacy we work closely with like-minded partners.
1.3The European Union Ambassador Mr Gabriele Visentin presented the ‘Joint statement by the High Representative of the European Union and the Secretary General of the Council of Europe’ and affirmed that:
Our message is clear: the death penalty is an inhuman, degrading punishment, representing the ultimate denial of human dignity. It does not make societies safer. It makes miscarriages of justice irreversible.
Context for the inquiry
1.4In 2015, the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) launched an inquiry into Australia’s advocacy for the abolition of the death penalty. At the time of the inquiry, there had been a noted increase in executions globally.
1.5The final report for the inquiry, A world without the death penalty, Australia’s advocacy for the abolition of the death penalty (2016 Report), was tabled in May 2016. The 2016 Report noted that, despite a trend towards less executions previously, 2015 saw a rise in executions globally, driven mainly by Iran, Pakistan and Saudi Arabia. In 2015, two Australian citizens, Andrew Chan and Myuran Sukumaran were executed in Bali for charges related to drug smuggling, despite many calls for the executions not to proceed.
1.6The JSCFADT 2016 Report made 13 recommendations to the Australian Government and in March 2017, the Australian Government responded to the recommendations made. Of the 13 recommendations put forward, only one was not accepted.
Conduct of inquiry
1.7The inquiry into Australia’s efforts to advocate for the worldwide abolition of the death penalty was referred to the JSCFADT on 27 June 2024 by the Minister for Foreign Affairs, Senator the Hon Penny Wong (the Minister). On 3 July 2024, the JSCFADT resolved to have the Human Rights Subcommittee (the Subcommittee) conduct an inquiry into Australia’s efforts to advocate for the worldwide abolition of the death penalty.
1.8The Terms of Reference contained in the Minister’s referral were:
1Progress against the recommendations in the 2017 Joint Standing Committee on Foreign Affairs, Defence and Trade report: A world without the death penalty: Australia's Advocacy for the Abolition of the Death Penalty;
2Australia's international engagement to promote abolition of the death penalty;
3Opportunities and risks for Australia to advocate for the abolition of the death penalty internationally, including:
- Engagement with international institutions and likeminded countries;
- Advocacy for Australians subject to or potentially subject to the death penalty;
- Addressing heightened risk of the death penalty based on sexual orientation and gender identity, ethnicity, religion and political beliefs;
- Cooperation with civil society and non-government organisations; and
4Any related matters.
1.9On 3 July 2024, the Subcommittee issued a media release announcing the inquiry and inviting submissions by 2 August 2024. Accepting submissions beyond this date, the Committee received 13 submissions and six supplementary submissions. A list of submissions can be found at Appendix A.
1.10Two public hearings were conducted in Canberra, with some witnesses giving evidence via video conference. Details of witnesses who provided evidence at the hearings can be found at AppendixB. Public hearing transcripts and submissions to the inquiry can be found on the inquiry website.
1.11Based on the Terms of Reference, the Committee received a range of evidence from submissions and public hearings and sought to address as many of the issues raised as possible.
About this report
1.12The report is divided into four chapters:
- Chapter 1 details the context and conduct of the inquiry.
- Chapter 2 provides an overview of the global state of the death penalty and the two relevant international treaties to which Australia is a signatory. The chapter also examines evidence given on current issues and trends observed as they relate to the death penalty.
- Chapter 3 details Australia’s international advocacy on the death penalty, Australia’s current strategy for abolition as well as opportunities and risks for Australia in advocating for the abolition of the death penalty internationally. The chapter also looks at the role of Civil Society Organisations (CSOs) and Non-Governmental Organisations (NGOs) in the abolitionist movement.
- Chapter 4 covers evidence provided around formal government-to-government assistance, international police cooperation in criminal matters and in relation to Australia’s stance on the death penalty and strategy for its abolition.
- The Subcommittee has sought to understand what progress has been made against recommendations from the previous report and towards the worldwide abolition of the death penalty. As such, the 2016 Report will be referenced to provide context as it relates to progress. Progress made against previous recommendations is discussed throughout the report as it pertains to the evidence received.
- While this report does not seek to single out any governments or countries, written and oral evidence received by the Committee referenced specific countries and specific examples relating to the use of capital punishment.
- The terms ‘death penalty’ and ‘capital punishment’ are used interchangeably throughout the report.