This report reviews two proposed treaty actions:
Agreement between Australia and Japan concerning the Facilitation of Reciprocal Access and Cooperation between the Australian Defence Force and the Self-Defense Forces of Japan
Global Convention on the Recognition of Qualifications concerning Higher Education.
Australia-Japan Reciprocal Access Agreement
The Agreement between Australia and Japan concerning the Facilitation of Reciprocal Access and Cooperation between the Australian Defence Force and the Self-Defense Forces of Japan (proposed Agreement) is a reciprocal status of forces agreement. It builds on the long-standing defence relationship between Australia and Japan, and would both simplify and strengthen defence cooperation between the two countries in the context of a deteriorating strategic environment. This would be Australia’s eighth and Japan’s second status of forces agreement.
The proposed Agreement would facilitate defence cooperation between Australia and Japan by establishing a legal framework through which such cooperation could occur, and by defining the status of the Visiting Force and Civilian Component of a Party while in the territory of the other Party.
Among other things, the proposed Agreement deals with the movement of forces and equipment, the use of facilities and services, command and control, claims, costs, and criminal jurisdiction.
During the course of the inquiry, participants raised a number of concerns including the status of the four documents that constitute the proposed Agreement, and the criminal jurisdiction provisions in relation to Japan’s maintenance of the death penalty for certain crimes.
In particular, the Committee examined the use of the death penalty in Japan, the death penalty under international law and compliance of the proposed Agreement with Australia’s obligations, a perceived conflict between the proposed Agreement and Australia’s policy approach to the abolition of the death penalty, and the protection—if any—offered by the proposed Agreement against the potential application of the death penalty.
The Committee heard from the Department of Defence the proposed Agreement would not protect Australians from the death penalty should they be convicted of a relevant offence in certain circumstances. It instead commits Australia ‘to not obstruct the exercise by Japan of its domestic criminal jurisdiction’, while reserving the right ‘to not assist Japan in certain circumstances where doing so would risk Australia violating our own obligations’.
The Committee found that while blanket immunity was not achieved, considerable steps had been taken to protect Australian personnel from the death penalty in Japan, while also maintaining Australia’s international obligations.
The proposed Agreement is a response to an increasingly complex Indo-Pacific strategic environment. The Committee is of the view that on balance it is in the national interest and accordingly recommends binding treaty action be taken.
Global Convention on the Recognition of Qualifications
The Global Convention on the Recognition of Qualifications concerning Higher Education (Global Convention) would provide a framework for the recognition of Australian qualifications internationally, and the recognition of overseas qualifications in Australia, and in so doing would potentially have significant benefits for Australia’s education sector.
In essence, the Global Convention establishes universal principles and processes for the recognition of studies and qualifications, and the right of individuals to have their foreign qualifications assessed in a fair, transparent, and non-discriminatory manner.
Broadly, the Global Convention would require the recognition by Parties, for the purposes of study and employment, of qualifications gained overseas unless it can be shown that an overseas qualification is substantially different to the corresponding qualification in that Party. The onus is placed on competent recognition authorities to establish the grounds for substantial difference. The process must be transparent and occur in a timely manner.
Importantly, Australian decision makers would retain full autonomy with regard to which overseas qualifications would be recognised, and how that would occur.
Australia played a key role in the negotiation of the Global Convention through chairing the drafting committee. This reflects the fact Australia’s education sector is world leading and innovative.
In a highly competitive international marketplace, the Global Convention would add value to Australian qualifications and help to attract skilled professionals.
The Committee is of the view that ratifying the Global Convention is in the national interest and recommends accordingly.
Minor treaty action
The report also contains the Committee’s review of one minor treaty action: the Rectification of Australia's World Trade Organization Schedule of Tariff Concessions (Schedule I-Australia). The Committee supports the minor treaty action and agreed binding treaty action be taken.