Critis say Australia has done nothing to hold bad actors to account in the Asia-Pacific. (Reuters: Tatyana Makeyeva)
When Australia passed Magnitsky-style laws in 2021, it granted the government the power to sanction individuals involved in human rights abuses and corruption.
These sanctions can freeze assets, impose travel bans and restrict financial transactions without targeting entire governments.
But some community groups say the law has been largely meaningless, as Australia has refused to use it effectively in the Asia-Pacific.
Trung Doan, a Vietnamese-Australian human rights advocate, made a submission on behalf of non-profit group Vietnamese Overseas Initiative for Conscience Empowerment Australia (VOICE) to a joint parliamentary inquiry into Australia's Magnitsky-style laws.
He argued that the government deliberately avoided sanctioning people and entities in key trade partners like Vietnam and China.
"There are hundreds of political prisoners in Vietnam, yet not a single Vietnamese official has been sanctioned under Australian law," said Mr Doan, who believes the Australian government is "self-censoring" because of potential trade implications.
Trung Doan says Vietnam is increasingly cracking down on freedom of expression. (Supplied)
"Australia has the power to sanction these officials, but DFAT treats Magnitsky as an afterthought."
Since implementing the laws, Australia has sanctioned 122 individuals and entities, mostly Russians, including 16 Myanmar junta members and two military-linked entities for human rights abuses.
No Chinese or Vietnamese officials have so far been sanctioned.
A report from the recent parliamentary inquiry recommended the Australian government boost engagement with civil society on its sanctions regime and ensure greater consistency in its application.
It also urged the government to "consider its application of thematic sanctions and explore ways to further strengthen consistency where appropriate".
Vietnam's increasingly authoritarian crackdown
Vietnam's crackdown on dissent has intensified in recent years, with journalists, activists, and opposition voices being routinely arrested and sentenced under national security laws.
In February, 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 safety", according to state-run media.
Human rights groups have accused Vietnam's President To Lam of ushering in a new era of authoritarianism in the country. (Reuters: Minh Hoang)
San's case reflects a broader deterioration of press freedom in Vietnam, where the ruling Communist Party tolerates little criticism despite the country's economic reforms and growing global engagement.
"When an author and journalist like Truong Huy San is silenced, it's not just his voice that is stifled. It's the right of an entire society to seek truth and accountability," Anh-Thu Vo from non-profit rights group PEN America said in a statement.
Why Australia lags behind its allies
Dr Anton Moiseienko, a senior lecturer in law at the Australian National University, said Australia's reluctance to sanction officials from the Asia-Pacific region based on trade agreements was not consistent with international practice.
"Australia's approach of never touching some countries because of trade links is overly cautious. That's not how other nations operate," said Dr Moiseienko, who also made a submission to the parliamentary inquiry.
He noted that unlike Australia, countries such as the US UK, and the EU, imposed sanctions on individuals from multiple regions, preventing the perception of targeting specific countries.
"We haven't seen Australia impose sanctions related to corruption or human rights abuses in Asia. Almost all designations have been focused on Russia and Iran," Dr Moiseienko added.
Australia still cares about human rights in the region, expert says
While Australia does not sanction many individuals accused of human rights breaches in the Asia-Pacific, it is still an ardent believer in human rights, said Melissa Conley Tyler, director of the Asia-Pacific Development, Diplomacy and Defence Dialogue (AP4D).
"Countries condemn other countries where it's pretty low-cost. Countries that we [Australia] have a really multi-faceted relationship with, it [condemnation] often tends to be a bit quieter," said Ms Conley Tyler.
Despite this, Australia has been vocal on human rights issues involving its key trade partners, such as issuing statements on Yang Hengjun, an Australian writer and democracy activist who recently had his death sentence suspended in China, she said.
Melissa Conley Tyler says Australia faces difficulties sanctioning its neighbours in the region. (Supplied)
Australia has also raised concerns about human rights violations in the region, with Foreign Minister Penny Wong recently condemning Thailand's deportation of Uyghurs to China.
Ms Conley Tyler said Australia's use of "human rights dialogue", a system designed to encourage gradual reform, was another method of engaging with regional partners such as Vietnam.
"Instead of just condemning Vietnam, Australia takes a different approach — working together to improve both of our standards," Ms Conley Tyler said.
"The idea is to steer Vietnam toward better governance over time."
But critics, including Mr Doan, argue this approach lacks accountability.
"Dialogue is fine, but at what cost?" he said.
"Vietnamese officials know they won't face consequences, so they continue persecuting activists while Australia does nothing.
"If Australia sanctioned officials who own property in Sydney or have business ties here, that would send a real message."
Do sanctions work?
The effectiveness of Magnitsky sanctions depends on who is targeted and how strictly enforcement is applied, Dr Moiseienko said.
He said Australia's approach had been largely symbolic.
"If someone has no property in Australia, no financial ties, and never intends to visit, then sanctions against them are largely symbolic," he explained.
However, he argued Australia could have a greater impact by focusing on individuals with regional connections.
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Photo shows Tran Huynh Duy Thuc, 43, stands during his trial at Ho Chi Minh City People's Court House.
"If you're enacting a sanctions regime to go after corruption and human rights abuse, then logically, Australia should focus more on its own region rather than just following Western allies," Dr Moiseienko said.
There are also concerns about Australia's ability to enforce sanctions.
"The Australian sanctions office is only 27 people at present, and so it's difficult for it to implement sanctions as vigorously as the United States," he said.
For now, critics warn Canberra's failure to hold bad actors in the region accountable weakens its position as a global advocate for human rights.
"Imagine a South-East Asia where tyrants and autocrats run amok, feeling no fear … Things can only go downhill from there, affecting our national security and economic interest," Mr Doan said.
DFAT and the Vietnamese embassy were contacted for comment.
With Reuters