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Leading legal body cautiously welcomes Magnitsky laws
The parliamentary recommendation that Australia should adopt a world-leading law to apply targeted sanctions on human rights abuses has been welcomed, but safeguards should be front of mind moving forward, the nation’s premier legal body has warned.
Naomi Neilson
The Law Council of Australia (LCA) has cautiously welcomed the recommendations in the Parliament’s human rights subcommittee’s final report to adopt a law similar to that of the US Magnitsky Act to address human rights violations and corruption. While laws akin to the Magnitsky Act may work across most of the world in principle, the LCA has expressed concern that current safeguards for Australia are not yet comprehensive.
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President Pauline Wright said using these sanctions will apply pressure on individuals, or groups, responsible for serious violations of internationally recognised human rights abuses and serious acts of corruption. It appreciates the merit in facilitating worldwide cooperation to “deal with such conduct” through Magnitsky-style legislation.
“But the LCA is mindful that any legislation should include comprehensive safeguards, that are consistent with upholding human rights. While the committee has recognised the need for safeguards, the LCA would like to see a more comprehensive emphasis,” Ms Wright explained in a recent statement.
“These safeguards must include legislative criteria that the minister as decision-maker should have to consider in the course of making sanctions, including a clear measure of proportionality, amongst others. Access to independent merits review of all sanction decisions is also important.”
The LCA said it is gratifying, however, that the committee recommended the legislation should apply to a range of conduct, including serious corruption as well as any serious human rights abuses, with consideration given to appropriate definitions applicable.
It is also pleased that the report recommended an independent advisory board tasked with receiving nominations for sanctions targets and making recommendations that may be handed over to the Minister for Foreign Affairs as decision-maker.
“The suggestion of a three-yearly review post-enactment and all regular parliamentary reporting and oversight is also welcome,” Ms Wright said.
The LCA said it is looking forward to responding to the detail of any proposed bill and anticipates closely consulting with the legal profession, noting the legislation within the area must be clear and workable for others affected, including financial institutions.
