Australia's Magnitsky-style sanctions go unused in Asia-Pacific, critics say

Australia passed its Magnitsky-style law in 2021, granting the government the power to sanction individuals involved in human rights abuses and corruption. These sanctions include freezing assets, imposing travel bans, and restricting financial transactions, without targeting entire governments. However, some community groups have expressed that the law has been largely toothless, as Australia has been reluctant to effectively use it in the Asia-Pacific region, thus limiting its intended impact.

Vietnamese-Australian human rights advocate Trung Doan, representing the non-profit organization VOICE (Vietnamese Overseas Initiative for Conscience Empowerment Australia), submitted a submission to the Parliamentary Joint Committee inquiring into Australia’s Magnitsky-style laws. He argues that the government deliberately avoids sanctioning individuals and entities in major trading partners like Vietnam and China. Mr. Doan stated that Vietnam has hundreds of political prisoners, yet no Vietnamese officials have been sanctioned under Australian law, believing the Australian government is engaging in "self-censorship" because of potential trade implications.

Mr. Doan further pointed out that Australia has the power to sanction these officials, but the Department of Foreign Affairs and Trade (DFAT) treats the Magnitsky Act as an afterthought. Since implementing the law, Australia has sanctioned 122 individuals and entities, mostly Russians, including 16 members of the Myanmar junta and two military-linked entities, for human rights abuses. To date, no Chinese or Vietnamese officials have been sanctioned. A recent parliamentary inquiry report recommended that the Australian government enhance its engagement with civil society on its sanctions regime and ensure greater consistency in its application. The report also urged the government to "consider its application of thematic sanctions and explore ways to further enhance consistency."

In recent years, Vietnam has seen an increasing crackdown on dissent, with journalists, activists, and opposition voices frequently arrested and sentenced under national security laws. In February, state media reported that a Vietnamese court sentenced former journalist Truong Huy San to 30 months in prison for Facebook posts deemed to have a "negative impact on social order and security." San's case reflects the widespread deterioration of press freedom in Vietnam, where the ruling Communist Party allows little tolerance for criticism despite economic reforms and increased global engagement. Anh-Thu Vo of the non-profit rights group PEN America said in a statement, "When a writer and journalist like Truong Huy San is silenced, it’s not only his voice that is suppressed, but an entire society’s right to seek truth and accountability that is denied."

Dr. Anton Moiseienko, a senior lecturer in law at the Australian National University, stated that Australia’s reluctance to sanction officials in the Asia-Pacific region based on trade agreements is out of step with international practice. Dr. Moiseienko also submitted a submission to the parliamentary inquiry committee, noting, "Australia is far too cautious about never touching certain countries because of trade links. That’s not the case for other countries." He pointed out that, unlike Australia, countries like the US, UK, and EU impose sanctions on individuals from multiple regions, avoiding the impression of targeting specific nations. "We haven’t seen Australia sanctioning corruption or human rights abuses in Asia. Almost all the designations are focused on Russia and Iran."

Melissa Conley Tyler, director of the Asia-Pacific Development, Diplomacy & Defence Dialogue (AP4D), stated that while Australia has not sanctioned many alleged human rights abusers in the Asia-Pacific region, it remains a strong believer in human rights. Ms. Conley Tyler said, "Countries condemn other countries, and it’s low cost to do so. We [Australia] tend to be milder with those countries with whom we have multifaceted relationships." Nevertheless, Australia has been publicly vocal about human rights concerns involving its major trading partners, such as issuing statements regarding the recent suspended death sentence of Australian writer and democracy activist Yang Hengjun in China. Australia has also voiced concerns about human rights abuses in the region, with Foreign Minister Penny Wong recently condemning Thailand's deportation of Uyghurs back to China.

Ms. Conley Tyler stated that Australia uses "human rights dialogues," a system designed to encourage gradual reform, as an alternative way to engage with regional partners like Vietnam. "Instead of just condemning Vietnam, Australia has taken a different approach – working together to raise standards on both sides," Ms. Conley Tyler said. "The aim is to guide Vietnam towards better governance over time." But critics, including Mr. Doan, argue that this approach lacks accountability. "Dialogue is good, but at what cost?" he said. "Vietnamese officials know they won’t face consequences, so they continue to persecute activists while Australia does nothing. If Australia sanctioned officials who own property in Sydney or have business connections here, that would send a real signal."

Dr. Moiseienko stated that the effectiveness of Magnitsky sanctions depends on who is targeted and how rigorously they are enforced. He said that Australia’s approach has been largely symbolic. "If someone doesn’t have property in Australia, doesn’t have financial connections, and never intends to visit, then sanctioning them is largely symbolic," he explained. However, he believes Australia could have a greater impact by focusing on individuals with connections to the region. "If you’re designing a sanctions regime to combat corruption and human rights abuses, then logically, Australia should be focusing more on its own region rather than simply following its Western allies," Dr. Moiseienko said. There are also concerns about Australia's capacity to enforce sanctions. "The Australian Sanctions Office currently only has 27 people, so it’s difficult to be as active in implementing sanctions as the US," he said.

Currently, critics warn that Canberra's failure to hold bad actors in the region accountable undermines its standing as a global human rights advocate. Mr. Doan said, "Imagine in Southeast Asia, where tyrants and dictators run rampant without fear…it will only get worse, impacting our national security and economic interests." The Department of Foreign Affairs and Trade and the Vietnamese Embassy have been contacted for comment.