Senator HANSON-YOUNG (South Australia) (9.46 am) - I move:

That the Senate -

(a) notes that:

(i) according to Human Rights Watch, three Iranian men have been sentenced to death, under charges of ‘male homosexual conduct' allegedly committed when they were under the age of 18,

(ii) Iran leads the world in executing juvenile offenders, with at least seven in 2008, and at least three so far in 2009, and

(iii) in February 2009, the United Nations General Assembly called on Iran, as signatories to both the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights that prohibits the imposition of the death penalty for crimes committed before the age of 18, immediately to suspend executions of all persons for offences committed by children under 18; and

(b) calls on the Australian Government to add its voice to international calls for Iran immediately to abolish the death penalty of persons who were under age 18 at the time of their offence and halt all executions of those sentenced to death.

Senator LUDWIG (Queensland-Special Minister of State and Cabinet Secretary) (9.46 am) - Mr President, I seek leave to make a short statement.

The PRESIDENT - Leave is granted for two minutes.

Senator LUDWIG - I have long argued in this chamber that complex matters of international relations should not be considered in the Senate by means of formal motions. The Australian government's policy against the death penalty is clear and consistent.

Australia acceded to the Second Optional Protocol of the International Covenant on Civil and Political Rights on 2 October 1990. In keeping with the government's policy of encouraging universal ratification of the second optional protocol, we call on all retentionist states to abolish the death penalty.

With regard to human rights in Iran, I draw the Senate's attention to a statement by the Minister for Foreign Affairs in parliament on 16 June 2009 following election protests in Iran. He stated that the government was ‘gravely concerned' about the very serious breaches of human rights we have seen.

I note with regret the reports this morning that five Iranian protesters have been sentenced to death. The Australian government's position on human rights in Iran was again set out by Australia's permanent representative to the United Nations, Gary Quinlan, in New York on 28 October. Ambassador Quinlan stated:

We share longstanding concerns about Iran's fulfilment of its human rights obligations ... We are concerned by the continued detention of so-called opponents of the regime, executions of juvenile offenders and discrimination against minorities such as the Baha'is. Australia urges Iran to ensure transparency in its judicial system, and to investigate fully reports of torture, rape and death in detention.

Senator HANSON-YOUNG (South Australia) (9.48 am) - Mr President, I seek leave to make a short statement.

The PRESIDENT - Leave is granted for two minutes.

Senator HANSON-YOUNG - I would like to express once again how disappointed I am that, in the most senior chamber of parliament in our country, we are not able to discuss or even to pass a motion relating to a global or foreign affairs issue because, for some reason the issue not having been put up by the government, it is too complex. It is absolutely pathetic.

There is a running tally of the motions that the government do not want to deal with simply because they are too complex. When it suits them, the government are more than happy for us to discuss foreign affairs issues. When they do not, the issues become too complex. It is simply not good enough.

Question put:

That the motion (Senator Hanson-Young's) be agreed to.

The Senate divided. [9.53 am]

(The President-Senator the Hon. JJ Hogg)

Ayes............ 7

Noes............ 35

Majority......... 28