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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-03-08 Daily Xml
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United Nations International Conventions

The Hon. D.G. PISONI (Unley) (11:19): I move:

That this house—

(a) recognises the United Nations International Conventions on the Rights of the Child, discrimination against women and persons with a disability;

(b) supports UN recommendations to the Kingdom of Saudi Arabia, including recommendations to:

(i) explicitly define and criminalise the sale of children, child pornography and sexual exploitation of children in travel and tourism;

(ii) explicitly define and criminalise gender-based violence against women, including economic violence, sexual harassment and assault, and rape, including marital rape; and

(iii) abolish the death penalty for persons with psychosocial or intellectual disabilities and suspend all current death sentences; and

(c) calls on the Kingdom of Saudi Arabia to immediately stop all forms of discrimination and human rights abuse.

Today, it is timely that we recognise the United Nations International Convention on the Rights of the Child and condemn discrimination against women, children and persons with disabilities in the Kingdom of Saudi Arabia. Human rights violations committed by Saudi Arabia and its government are widely known. Saudi Arabia is continually criticised for its treatment of women and its guardianship system giving male family members the authority to make decisions on behalf of women. Women also face discrimination in employment, education and the justice system.

The Saudi criminal system is full of human rights abuses, including the use of torture, a lack of due process and unfair trials. Saudi Arabia has a long history of suppressing political dissent and restricting freedom of expression. Political parties and protests are banned, and the government willingly arrests and detains those who criticise the government and the ruling family.

Saudi Arabia is home to many migrant workers, many of whom face exploitation and abuse by their employers. There have been reports of extremely poor working conditions, lack of payment and physical abuse by employers of migrant workers in Saudi Arabia.

I support the United Nations' recommendation for Saudi Arabia to explicitly define and criminalise the sale of children, child pornography and the sexual exploitation of children in travel and tourism. These are horrendous crimes that have no place in the world. It is imperative that the developed world calls out the government of Saudi Arabia on its human rights abuses at every opportunity. The world took on the racist apartheid system of South Africa and forced permanent change through international economic, cultural and sports isolation.

The UNCRC sets out the rights of children and young people under the age of 18 and requires governments to take all appropriate measures to ensure that these rights are realised. It prohibits discrimination against children on any grounds, including gender and disability, and requires governments to take special measures to protect the rights of children who are particularly vulnerable, such as children with disabilities.

We must also do what we can to force Saudi Arabia to adopt comprehensive legislation to specifically define and criminalise all forms of gender-based violence against women, including economic violence, rape, all forms of sexual assault and sexual harassment.

On this International Day of Women and on every day of the year, we must fight for mothers, wives and daughters around the world to have the right to live free from fear and violence and it is our duty as a civilised community to ensure that they are protected and empowered.

This motion also calls for Saudi Arabia to abolish the death penalty for persons with intellectual disabilities and suspend all current death sentences. This is also a matter of fundamental human rights. It is our moral obligation to uphold the dignity and worth of every person, regardless of their abilities.

By supporting this motion, the South Australian parliament tells the government of Saudi Arabia directly that they are wrong and to immediately stop all forms of discrimination and human rights abuses against women, children and the disabled. We must also stand together in solidarity to reject any forms of human oppression or injustice.

The United Nations International Convention on the Rights of the Child (UNCRC) is an international treaty that sets out the rights of children and young people under the age of 18. It was adopted by the United Nations General Assembly in 1989 and it has been ratified by nearly every other country in the world. Saudi Arabia, to date, has not ratified the United Nations Convention on the Rights of the Child.

The UNCRC recognises that children have the right to be protected from discrimination on any grounds, including gender and disability. It states that governments must take all appropriate measures to ensure that children are protected from all forms of discrimination and must take special measures to protect the rights of children who are particularly vulnerable, such as children with disabilities.

The UNCRC also promotes the rights of children to education, health care and other services and requires governments to take steps to ensure that these rights are realised. Overall, the UNCRC aims to promote the rights and wellbeing of children and our young people, and to ensure that these rights are protected and respected by governments. By supporting this motion, this parliament will send a very strong message to Saudi Arabia to stop their sanctioned oppression of women, children and the disabled.

In 2018, several women in Saudi Arabia who had advocated for gender equality and the abolition of the male guardianship system were arrested, detained and tortured. These women, who are referred to as women human rights defenders, have faced lengthy and arbitrary prison sentences and flawed trials. The trial has been marked by a lack of independence in the Saudi judiciary and political motivation behind the charges. Foreign diplomats and journalists have been barred from attending the hearings.

In December 2020, one of the women, Mrs L.H., had a new indictment presented against her in the Specialized Criminal Court, which included the removal of references to foreign governments and individuals, and the inclusion of charges under the Law of Combatting Crimes of Terrorism and its Financing, with the potential for a maximum sentence of 20 years in prison. The evidence presented against Mrs L.H. includes social media posts and support for campaigns for women's rights.

In March 2016, the Law on Associations and Foundations in Saudi Arabia came into effect. The new law severely restricts the formation of independent civil society organisations, including human rights organisations in Saudi Arabia. It allows for the denial of registration for vague reasons such as violating Islamic Sharia or acting contrary to public morals.

The law also prohibits foreign foundations and associations from establishing branches in Saudi Arabia and allows for government interference in the internal affairs of domestic civil society organisations. Saudi authorities claim that this new law is being revised in line with international human rights standards, but there is no evidence of this.

Additionally, any laws criminalising gender-based violence in Saudi Arabia are poorly implemented, and the court system is controlled by male judges who use their discretionary powers to the detriment of women. Women's testimony is given only half the weight of men's in court, making it almost impossible for women to win cases of domestic abuse or rape.

The male guardianship system in Saudi Arabia is used to control women and it remains in place and allows men to take decisions about women's education, their employment, their health and their marriage. This system also prevents women from passing their nationality to their child and denies protection from domestic violence.

Despite some reforms, the crime of disobedience by women toward their male guardianship remains in place, nullifying new privileges such as the ability to apply for travel documents or study abroad. In other words, women can apply for those but the male guardian can say no. Women also face reprisals on the way they dress, which is defined only as public decency, and they are not allowed to leave detention centres or state-run shelters without consent of a male guardian.

Foreign mothers of Saudi citizens have no rights or agency whatsoever and are exposed to wrongful imprisonment or trafficking. Foreign mothers cannot access health services for their children without the consent of the father. In custody cases, child support is deliberately insufficient and women can lose custody of their children unless they are wealthy or have a network of financial support. Additionally, women are not allowed to obtain a divorce unless their husband consents in certain limited circumstances, and they can face social stigma and economic hardship if they seek a divorce.

I urge all members to support this motion and to send a clear message to the government of Saudi Arabia that we stand united in defence of human rights and dignity for all women, children and those with disabilities living in Saudi Arabia.

Ms HOOD (Adelaide) (11:29): I rise to speak on the motion and move the following amendments:

Delete (b) and insert new (b):

supports UN recommendations calling on all nations currently failing women, children and people with disabilities to strive to improve and uphold the rights and dignity of all humans; and

Delete (c) and insert new (c):

calls on all nations who have not ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, or have not ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict to ratify these protocols and work to better protect children.

I rise today to reflect on my own journey to this place: my own experiences, the support I was given, the opportunities afforded to me in my life, and my purpose seeking election to this place. I would contend that each and every one of us here has come to this place with a desire to make our communities better, to support our constituents and to work to create a structure in our society that affords opportunity to everyone. We recognise that discrimination against anyone is inherently unfair, and we carry out our role shaping the laws of our state to continually improve the future for every South Australian.

There are many places in the world where we all wish people would have better opportunities in life. There are heartbreaking stories from places where not just quality of life but opportunity for a better future is withheld for far too many. Whether it be Saudi Arabia, whether it be Russia, whether it be Zambia, there are places in this world where nations have not ratified or signed UN treaties that clearly aim to create a better future for all humans.

This International Women's Day, whilst we come together to celebrate, it is also an important reminder to note the devastating statistics that in Australia, one woman every week is murdered by their current or former partner. There is another sobering statistic that one in six women in Australia have experienced at least one sexual assault since the age of 15. I am one of those people, and if it were not for my family—my mum, my three brothers—rallying around me, I would not be here today representing the community that I love.

Discrimination and violence against women is a scourge on us all, wherever it occurs. Discrimination and punishment of people with mental, psychosocial or physical disabilities cannot be accepted, wherever it occurs. Taking the experience of childhood from children anywhere is a tragedy. Childhood tragedy is immense in that it has lifelong impacts for individuals and their communities.

We stand united with the core ideals of the United Nations. Article 1 of the UN Charter lists these as:

1. To maintain international peace and security…

2. To develop friendly relations among nations based on respect for the principle of equal rights…

3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.

Without war, there are no child soldiers. With respect for human rights as equal rights and as fundamental freedoms, there is no exploitation of children and there is no violence against women. Upholding these rights without discrimination provides a better equality of opportunity.

It is appropriate that this house recognises this motion as a call for all nations of the world to do better. It is also a reminder to us here to reflect on why we have heeded the call to service and to maintain our commitment to doing better for our communities.

So I reflect on my experiences and the opportunities that have led me to public service and my role in parliament. I know I am so lucky to be here. I hope that this motion can play a small part in the continued movement for global change and improvement in making the lives of women, children, those with disabilities, and the poor and marginalised better. I commend this amended motion to the house.

The Hon. D.G. PISONI (Unley) (11:33): I must say it is very disappointing that the government has chosen, on International Women's Day, not to call out what is seen and what the world knows is a horrific place for women to live and women to exist. To hide behind an amendment that generalises a very specific task for the world is very disappointing.

The South Australian government is in a unique position to send a very strong message to Saudi Arabia. They have gone into business with the government of Saudi Arabia. This parliament should condemn Saudi Arabia's human rights record, particularly the way it treats women, and let the Saudi Arabian government know how important it is that they change their laws, that they give women equal rights.

Let's go back to the role that Australia played in tackling apartheid. It was one of the first countries to challenge a system that divided communities based in that instance on race. What we are seeing with Saudi Arabia is a system that divides communities on sex. It is not acceptable. Where are those countries, those people who condemned—rightly so—South Africa for its politics of division and discrimination? Where are they with Saudi Arabia?

People stopped doing business with South Africa. This government has started doing business with Saudi Arabia when the world is waking up to the human rights abuses that are happening to women, children and those with disabilities. Fancy condemning a person with an intellectual disability to a death sentence; this is what happens in Saudi Arabia. Women not being able to even leave the house without the permission of their male guardian; this is what happens in Saudi Arabia.

This is an opportunity for this parliament to send a very, very strong message to Saudi Arabia in a very timely manner, not just because it is International Women's Day but because this government has gone into business with the Saudi Arabian government. I have seen a letter that has been written by the PGA to the government, wanting to know why this government signed a deal with Saudi Arabia when no other state government was prepared to do it. I have not seen a reply to the PGA for that letter, but it is an extraordinary situation.

Mr Odenwalder: Did your government trade with Saudi Arabia?

The SPEAKER: Order, member for Elizabeth!

The Hon. D.G. PISONI: This government has the opportunity today—

Mr Odenwalder: You were in cabinet, David.

The SPEAKER: The member for Elizabeth is warned.

The Hon. D.G. PISONI: —from a position of authority to support a motion to condemn Saudi Arabia for the way it treats women on International Women's Day. It has the ability to do that today, but it chose not to. Instead, we heard a story from a woman of white privilege about how she has some sort of relationship to those women in Saudi Arabia. For heaven's sake! Let's get real here.

Members interjecting:

The SPEAKER: Order, member for Adelaide!

The Hon. D.G. PISONI: Let's get real.

Members interjecting:

The SPEAKER: Order, member for Elizabeth!

The Hon. D.G. PISONI: It is disappointing that the government has chosen not to use this opportunity to be leaders—

Ms Hood interjecting:

The SPEAKER: The member for Adelaide is warned.

The Hon. D.G. PISONI: —and send a message to the government of Saudi Arabia. We do not support the government's amendments and we will be voting against the amendments. We ask the government to reconsider its decision to move those amendments and support the original motion that was put to this parliament for very genuine reasons because we can no longer stand by and ignore what is happening in countries like Saudi Arabia. The fact that this government has gone into business with Saudi Arabia gives this government the opportunity to be a leader and it has chosen not to.

The house divided on the amendment:

Ayes 24

Noes 13

Majority 11

AYES

Andrews, S.E. Bettison, Z.L. Bignell, L.W.K.
Boyer, B.I. Brown, M.E. Champion, N.D.
Clancy, N.P. Close, S.E. Cook, N.F.
Fulbrook, J.P. Hildyard, K.A. Hood, L.P.
Hughes, E.J. Hutchesson, C.L. Koutsantonis, A.
Michaels, A. Mullighan, S.C. Odenwalder, L.K. (teller)
Pearce, R.K. Piccolo, A. Picton, C.J.
Stinson, J.M. Thompson, E.L. Wortley, D.J.

NOES

Batty, J.A. Cowdrey, M.J. Ellis, F.J.
Gardner, J.A.W. (teller) Hurn, A.M. Marshall, S.S.
McBride, P.N. Patterson, S.J.R. Pederick, A.S.
Pisoni, D.G. Pratt, P.K. Teague, J.B.
Telfer, S.J.

PAIRS

Savvas, O.M. Tarzia, V.A. Malinauskas, P.B.
Basham, D.K.B. Szakacs, J.K. Speirs, D.J.

Amendment thus carried; motion as amended carried.

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