Additional comments from the Australian Greens

1.1The Australian Greens thank all the community members and organisations who have made submissions to the Foreign Affairs, Defence and Trade committee during this inquiry. We also thank the secretariat for their hard work during this inquiry.

1.2This inquiry came about because of the tireless work of so many advocates and organisations, particularly the Australian Arbitrary and Wrongful Detention Alliance, who have turned their own traumatic cases of wrongful detention into a campaign for positive change in Australia’s response to these cases.

1.3There have been several high-profile cases of Australians wrongfully detained overseas in recent years, bringing the issue into the national spotlight. The Greens have pressured the government to take decisive action, and have pushed for change in the government process of responding to these.

1.4This inquiry has publicised many of the issues that we have been made aware of in the last years, and have made a number of recommendations that align with Greens policy.

1.5Firstly, the lack of a working definition for arbitrary and/or wrongful detention has resulted in failures of the government to get Australians home in a timely and minimally traumatic manner. In the past, it has taken months or even years for the government to classify people as being subject to arbitrary or wrongful detention and in some cases it never occurred, and people have either returned home or remained in indefinite detention overseas with no acknowledgement from their government that it is an unjust and potentially dangerous situation. The Greens welcome the Committee’s recommendation for the government to adopt a clear, publicly available definition of wrongful detention and to implement a framework for applying this definition.

1.6Secondly, there is a lack of clear leadership responsibility in the Australian Government’s approach to wrongful and arbitrary detention that results in uncoordinated action across government. The Committee heard that there are many different aspects to securing the freedom of an arbitrarily detained person, from multilateral action to supporting the family. Appointing a Special Envoy to lead government action in this area, supported by staff who aren’t subject to diplomatic rotation, would ensure coordinated, focused action by Australia. The Greens welcome the Committee’s recommendation to establish the position of a Special Envoy.

1.7Thirdly, providing support to families of victims of wrongful detention as well as providing aftercare support to the victims once they are home is a critical part of the response. During the inquiry, we heard from many formerly wrongfully detained people that their loved ones back home often had very little communication from DFAT about the situation, and were not adequately supported to assist in the campaign for release. Additionally, we heard that there was very little care, whether it be medical, psychological, or other, provided by the government after release. The experience of being wrongfully imprisoned overseas is incredibly traumatic, and the government should be providing mental health and other support in recognition of this fact. The Greens welcome the inclusion of ongoing support and reintegration in the role of the Special Envoy recommended by the Committee.

1.8Finally, there is a role for effective application of sanctions in dealing with cases of wrongful detention. Practicing hostage diplomacy is a violation of international law and should be treated as such. The Greens welcome the Committee’s recommendation for the government to apply sanctions in response to deliberate wrongful detention, and we stress that any application of sanctions must be targeted, human-rights aligned, and consistent between cases.

1.9The Greens are pleased with the recommendations of this inquiry, and we implore the Government to urgently implement them. There are Australians who are still in wrongful detention overseas, such as Robert Pether in Iraq, who must be urgently returned home. Implementing the recommendations of this inquiry will provide a greatly improved framework for bringing them home.

Senator Jordon Steele-John

Greens Senator for Western Australia