The Australian government has again opened itself up to accusations of double standards over the death penalty, with the confirmation it would only consistently oppose the execution of Australian citizens.
Foreign affairs minister Stephen Smith said this week he would raise the cases of
three Australians on death row in Indonesia but not the three convicted Bali bombers.
Australian newspapers reported that Cabinet recently discussed whether the government could argue more effectively -- and avoid accusations of hypocrisy in Asia -- if it opposed all executions (stories
here and
here).
"I'm not going to indicate what may or may not have been discussed at Cabinet, but our position is quite straightforward. We don't support the use of capital punishment," Smith
reportedly told Australia's Nine Network.
"When an Australian overseas has been convicted and is subject to capital punishment as a sentence, we make representations on behalf of Australian citizens.
"When it comes to other individuals who aren't Australian citizens, we'll make a judgment on a case-by-case basis as to whether it's appropriate to make representations or to join in representations at a regional or multilateral level."
The report said Smith pointed to Australia's recent involvement in international appeals for Iran to stop executing children.
"But the Prime Minister and I have both made clear that we don't propose to make representations on behalf of terrorists who have been subject to the death penalty," he said.
"So I won't be making any individual representations so far as the Bali bombers are concerned."
New Zealand's Prime Minister Helen Clark said at a media conference on 21 July that her government did not support the execution of the bombers.
"The New Zealand Government does not support the death penalty under any circumstances,"
she said.
"Clearly these men are guilty of heinous crimes and those crimes, in any jurisdiction, would justify them [getting] very serious penalties available under law but the New Zealand Government will not and does not support the death penalty."
Government silence
Australian Prime Minister Kevin Rudd said
last October, when he was opposition leader, that he would only speak out against the execution of Australians overseas.
Rudd humiliated his opposition colleague Robert McClelland, now commonwealth attorney-general, scolding him for public remarks that Australia should consistently oppose executions.
"When it comes to the question of the death penalty, no diplomatic intervention will ever be made by any government that I lead in support of any individual terrorist life," Rudd said at the time.
Drawing a line -- against commentThe language used by Rudd in October 2007 and Smith this week refers to no "diplomatic resources" or "individual representations" being devoted to appeals in terrorist cases.
The policy appears to mean that ministers will not draw any public link between the government's policy of "opposition" to the death penalty and the execution of a non-Australian.
In practice, it is therefore likely that the Australian government will take no consistent public position on the execution of foreigners, apart from some exceptions determined on "a case-by-case basis".
Although there have been
claims a Rudd government would push for abolition of the death penalty through multilateral forums, there has so far been no public sign that the new government is doing anything new at the international level.
Amnesty International Australia has argued over several years that the country undermined its credibility in opposing the death penalty if it only took a stand when Australian lives were at stake.
Principally hypocriticalThe new Labor government's position on the death penalty is similar to the policy of the previous conservative government -- with one important difference.
Under former Prime Minister John Howard, the Liberal-National government claimed it opposed the death penalty "consistently" and "in principle", but it only made representations when Australian citizens faced death.
However this inconsistency was further undermined when Howard and senior government ministers repeatedly indicated their support for particular executions being carried out.
Related stories:'Only Australians' should be spared execution -- 06 January, 2008
No Australian government will oppose terrorist executions -- 10 October, 2007
Australia: Rudd would oppose death penalty -- 24 June, 2007
Australia 'should act against death penalty' -- 03 August, 2006