ADJOURNMENT
Senator DEAN SMITH (Western Australia) (17:17): I rise this evening to draw the Senate's attention to a deeply concerning development that extends well beyond the borders of the People's Republic of China and reaches into migrant communities here in Australia. The Chinese Communist Party's new ethnic unity laws, particularly article 63, have prompted serious concerns from the United Nations and human rights organisations because of the very real risks they pose for transnational repression.
The United Nations has warned that these laws allow Chinese authorities to prosecute individuals for actions undertaken outside China that are deemed to undermine national ethnic unity or create ethnic division. The problem is that these concepts are so broadly defined and so vaguely defined that they give authorities extraordinary discretion to target peaceful speech, cultural expression and political advocacy.
This should concern every Australian. Australia is home to vibrant Tibetan, Uyghur, Hong Kong and other diaspora communities, who come to this country seeking freedom, democracy and the protection of the rule of law. They should never have to fear that exercising those freedoms in Australia could place them in harm or harm their families overseas.
Yet evidence increasingly suggests that this is exactly what is happening. The term 'transnational repression' refers to the efforts of authoritarian governments to silence critics living abroad through surveillance, intimidation, coercion and threats. The People's Republic of China, with others, has become one of the world's leading practitioners of these tactics.
For members of the Australian Tibetan community, simply voting in elections for the Tibetan government in exile, standing for community office, publicly supporting the Dalai Lama or expressing their cultural and religious identity could potentially be interpreted by Chinese authorities as conduct falling within these sweeping laws. That is an extraordinary proposition.
Reports indicate that Tibetan community leaders in Australia have been monitored at protests and cultural events. Chinese state linked individuals have allegedly photographed participants, monitored speeches and reported information back to authorities in the People's Republic of China. Many Tibetans also fear that family members who are living in Tibet may be interrogated, threatened or punished because of activities undertaken by relatives here in Australia.
Others have reportedly experienced online harassment, coordinated disinformation campaigns, doxing, visa refusals to return to Tibet, and intimidation designed to silence legitimate criticism of the Chinese Communist Party. Even more concerning are reports of attempts by individuals linked to the Chinese Communist Party's United Front Work Department to infiltrate community organisations, create divisions and discourage public advocacy.
These tactics strike at the very heart of Australia's democracy. Freedom of speech, freedom of association, freedom of religion and the right to peacefully assemble—these are not privileges granted by government. They are fundamental freedoms protected by our democratic institutions.
Foreign governments have no right to intimidate Australians on Australian soil. This is therefore not simply a human rights issue; it's a national sovereignty issue. If Australians cannot freely participate in public debate without fear that an authoritarian foreign government is watching them, then our sovereignty is being challenged.
That is why Australia must respond clearly and confidently. First, the Australian government should recognise transnational repression as a genuine national security threat and ensure that agencies responsible for countering foreign interference actively engage with communities most at risk. Second, Australia should consider targeted sanctions, including Magnitsky-style sanctions that freeze assets and ban travel, against individuals responsible for organising or directing overseas repression and intimidation.
Third, the government should publicly and consistently condemn acts of transnational repression whenever credible evidence emerges and reaffirm Australia's unwavering support for those communities seeking to exercise their democratic rights peacefully. Fourth, our law enforcement and security agencies should continue to strengthen their capability to identify, investigate and respond to foreign interference targeting diaspora communities, particularly at protests, religious gatherings and cultural events.
Australia has long been a refuge for people fleeing persecution. That tradition imposes responsibilities on us. We cannot allow fear to cross our borders.
We cannot allow authoritarian governments to export censorship into our communities. Our democracy demands it. Our sovereignty requires it, and this is what the parliament must always defend.