Death penalty in Asia and its implications for Australia

In: http://hdl.handle.net/1885/13911

Open Access

Abstract

The purpose of this report is to provide an overview of the death penalty reality in Asia and examine its implications for Australia. Research for this report largely involved historical research method, especially in analysing the selected three Asian states (Singapore, Indonesia and P.R.China) about their decisions to retain death penalty. Review on current literature in regard to anti-death penalty movement was employed to some extent. The interview of a Member of Parliament did not form part of the report, and yet was inspirational. The report summarises the Asian approach as the Sovereignty/ 'Asian Values' approach in contrast to Australia's human rights approach. In contextualising each approach into the specific state, it appears that the approach those Asian states adopt essentially is a notion that lends legitimacy to statesponsored killings. In Singapore, death penalty is a tool to secure social order. In Indonesia, death penalty transformed from asserting ruling party's authority to demonstrating government's capacity to reform. In Chinese case, death penalty seNes to assert state's authority. Meanwhile, the human rights approach adopted by Australia has not fully realised its potential in consolidating Australia's official position as an abolitionist state either, due to issues like government officials' double-standard behaviours, and lack of a national Bill of Rights to fundamentally prevent reintroduction of death penalty and so on. Although a quick reconciliation between these two approaches is unlikely, in light of the global trend towards a world free of death penalty, the possibility to eventually eliminate death penalty in those states exists. Based on the global trend and the political background of those selected Asian states, the report summarises two major implications from Australian perspective: • A swift change in attitude towards death penalty in those states is unlikely, which denotes that the most pragmatic strategy for Australia now to reduce the figure of overseas executed citizens is to educate its citizens in this regard. • The change that will be brought onto those states is highly likely to be externally motivated, as the states' authority remains strong. There are two elements to this: o The global anti-death penalty movement is gaining more and more momentum, which provides an environment that presses those states that retain death penalty for a change. o Australia is in a position to further the waves of global anti-death penalty campaigns, not only to contribute on a global scale but also to eventually solve the difference between itself and those Asian states that retain death penalty. To do so would require Australia to consolidate its position and approach by acting consistently and persistently. It is concluded that to achieve a death-penalty-free Asia or world is a matter of time, but certainly requires more efforts from abolitionist states, including Australia to consistently and persistently promote right to life. However, due to the limit of time and access to certain documents, this report only examines three Asian states. Although a number of reasons may justify this case study, they can not represent whole Asia to a full degree. Also, information used in this reports are mainly secondary, which, more or less, impacts on the objectivity of the report.