21st May 2020

Lebanon Abroad Australia Sydney Website: www.lebanonabroad.org Email: [email protected] Phone: +61 400 777 773

Committee Secretariat Joint Standing Committee on Foreign Affairs Defence and Trade P.O.Box 6021 Parliament House Canberra ACT 2600, Australia

Re: Enquiry into Australia to examine and implement sanctions based on Magnitsky Act.

Dear Honourable Members of the Committee,

Lebanon abroad is an NPO based in Sydney Australia that fully supports the Magnitsky sanction Act to sanction or ban any human rights abuses in all shape and form.

"Corruption and terrorism violate and destroy all human rights in society."

Political corruption and terrorism in Lebanon are taking place as you read this submission. Both occupy a dominant place to such an extent that it has become an integral part of governance and administration policies that have had an impact and affecting the Lebanese society economically, socially and in environmental terms and has been taking place for decades.

All politicians in Lebanon (without exception) abuse their power and their dominant position for private gain. The practice of corruption, terrorism, clientelism, embezzlement of public funds, lobbying, conflicts of interest, favoritism, Ponzi schemes, fuel smuggling, violence, murder, nepotism, unlawful arrests and torture, money laundering and all kinds of unhealthy pressures and influences practiced in all public sectors from the highest hierarchy to the most subordinate function. Bribery has become commonplace and official practice to facilitate business in Lebanon. Many laws against corruption have been enacted but never implemented, either because the necessary decree or law of the application were never issued or because the stipulations of the law made its application impossible (law against illicit enrichment) or because relevant authorities never exercised competences in applying the law.

The Lebanese political regime is parliamentary, but the political system is based entirely on the sharing of power between different religious communities. The sharing of absolute power is closed circles that favor respective interests of community leaders, political parties the Executive and Parliament at the expense of the interest of the Lebanese nation and citizens.

Political parties present in Lebanon and the government includes the following: (Tayyar), , , El Marada, Majd Movement, Syrian Social Nationalist Party, Lebanese Democratic Party, Arab Socialist Baath Party, Armenian Revolutionary Federation, Solidarity Party, , , Progressive Socialist Party, . The remaining parties can be found on the following link, https://en.wikipedia.org/wiki/Arab_Socialist_Ba%27ath_Party_–_Lebanon_Region

Since October 17th 2019, Lebanon has experienced a revolution against the corrupt political and intentional denial of the situation by the ruling power. The country has been crumbling under debt and economic problems for over 30 years. Lebanon has experienced a considerable increase in public debt ($92 Billion, exceeding 150% of its GDP and one of the highest ratios globally according to the IMF) unemployment (rate stands today at 40%) and poverty (2 Million Lebanese currently living below the poverty line) The economic system has collapsed. The Lebanese government has continued to ignore the seriousness of poverty and living standards of citizens, limiting bank withdrawals and leaving citizens with no access to finances, no jobs and no hope for any future for themselves or their families.

The current government has been appointed and elected by the political party Hezbollah, concerning citizens in Australia and Lebanon for any future for the country. Ministers were all voted under a parliamentary vote that breached the constitution that disregarded protest of a no-confidence march against the new MP’s and Prime Minister. Citizens have not elected or voted for the current government, a violation of human rights in itself with no election date in the future, forced to conform to the rulings of a new government and repressing every citizen living in the country.

The current ministry was reduced in numbers from the previous ministries. The functions and activities of previous ministries were not restructured to suit the current, leaving to question the transparency, corruption and terrorism. The modeling of a newly formed government must be reviewed in order to address each ministry correctly employees, roles, responsibilities, inputs, outputs, activities and functions. The transparency of such are exploited and displayed by both past and present governments, misleading the international community and pleading for funding and aid. In fact, it is visible that Lebanon has no national system and that this new government will not bring any positive change, especially with the backing and control of the Hezbollah political party. Instead activities that remain are extraordinarily random and not followed by any strategies or plans other than by the confusion of politicians and officials abusing all forms of power to benefits themselves and in this case it would be more likely to be destructive with a new government back by the Hezbollah political party.

“Abuse of power is a human right violation that destroys societies and countries.”

Violence and violations have continued under this government and the current Minister of Information, making speeches repressing against freedom of speech and reiterating the importance of reforming laws that criminalize all other. Suppressing these freedoms will allow for the concealment of the truth, which will enable the Hezbollah political party to continue in the path of destruction. Media professionals continue to be called upon and prosecuted for speaking the truth. These relationships and ties with the same political party do not rule out other politicians and officials; all parties have played a role in the destruction of society in Lebanon.

Violence and abuse of power by government and officials continue and will do so if no action is taken against every politician past and present. Human rights violated, and the corruption and terrorism occurring classify these politicians, officials and party in the requirements for obtaining sanctions for serious human right abuse and corruption.

1. Amnesty International https://www.amnestyusa.org/countries/lebanon 2. Human rights watch https://www.hrw.org/middle-east/n-africa/lebanon 3. Earlier this month a young man protesting in Tripoli was shot and killed with no investigation, no justice for himself or his family. 4. In 2019 fires erupted throughout parts of the country, the government at the time knowingly ignored the severity and left them burning. A reporter while filming was traumatized by the screams and cries of people locked in houses with no way out. twitter.com/btscullt/statu… Are they alive or dead no one’s know the answers? 5. The governor of the central bank has recently charged a young journalist. She has been accused of undermining the position of the state, incitement and damaging the reputation of the banking sector. In a realistic and fair world the banking sector in Lebanon damaged its reputation by allowing illicit transfers abroad that and the governor, being the watchdog, turned a blind eye to politicians, officials and bank owners and allowed such transactions. 6. Child Labour exists in Lebanon, mainly Syrian children subjected to work on the streets selling goods, agriculture and cleaning shoes or in industry. https://www.unicef.org/lebanon/topics/child-labour 7. International community aid for the refugee crisis (Syrian refugees) has either been disbursed between political parties, transferred abroad or used for other purposes by miscellaneous groups, with minimal support or assistance to refugees. 8. Global financing for projects from organizations and the international community have either been dispersed between political parties, transferred abroad or used for other purposes by miscellaneous groups. Incomplete projects have left devastating effects on the infrastructure and living standards for citizens in the country. The Government has continuously for decades relied on the aid form organisations and the international community whilst neglecting the real issues and the responsibility of looking after the wellbeing citizens first. 9. Fuel smuggling has recently been a topic of importance. The fuel sector is managed by one political party that allows another (miscellaneous group) to smuggle and distribute fuel across borders. Current parties or individuals in power are provided with financial benefits that are dispersed between all involved. After citizens publicly questioning the issue, truck drivers transporting fuel were brought in for questioning and released because there was no law or decree to convict them. 10. International Transparency report 2019: https://www.transparency.org/en/countries/lebanon#

Why do we support the Magnitsky Act in Australia?

Under current Australia sanctions, the framework has failed to sanction and protect Australians, Lebanese and other countries from human rights violators and corruption that have continued to grow and manifest.

1. Bribery and bribery for votes amongst politicians in Lebanon is an everyday practice which extends to countries abroad, facilitating funds to Lebanese citizens and non- Lebanese globally (This has been ongoing for decades) Bribes from politicians may be in the form of assistance, sponsor, provides financially, donations, material, technological or goods and services in support of corruption. Australia Has a Bribery Act, which has failed to identify and punish those responsible and in connection with Lebanon and abroad. 2. Political parties, politicians and officials in Lebanon may be in association with or own organizations, businesses, individuals, NGO's, companies in Australia and globally. These may be to promote and gain supporters for personal gain, votes and political power or other in the country and to extend their power globally. Such political parties should be left to act in their own country without the pursuit to support and gain personally in another, violating sovereignty in the intent to gain personally should be included in such sanctions. 3. Although Australia has anti-terrorism laws, it fails to recognize the severity of influence and control present in the Lebanese government amongst all politicians regardless of the political party they belong. All parties have interactions, involvement, agreements and a financial benefit with such miscellaneous groups or political party. 4. In 2019 during a solidarity protest in Sydney, a politician in Lebanon instructed a supporter (in Sydney) to intervene and interrupt the protest. The supporter took his orders and attempted to run over protesters in a vehicle. He was taken in for questioning by NSW police. No news on the outcome. 5. It 2019 around at the time of protests in Lebanon State funds from all financial institutes was transferred, placed and disappeared abroad to unknown destinations. Australia is one of the only western countries not to address or implement stringent measures such as a Magnitsky Act and may possibly be a haven for politicians, bank owners or officials that have integrated funds abroad. Majority of banks in Lebanon have correspondent banks in Australia that may be used to the advantage and benefit of such person or persons. 6. In previous years Australia has allowed entry/visa for politicians and officials into the country. The politician in the interview with Hadley Gamble (CNBC) openly speaks admitting to corruption, acceptance and involved with a political party or miscellaneous group. https://www.youtube.com/watch?v=X4gt7jL0rP0 7. Bilateral talks through embassies have not been ineffective in countries such as Lebanon. The severity of circumstances is not correctly addressed and requires the reevaluation of sanctions with Australia, United Nations, Human Rights and Amnesty International. United Nations requires critical amendments in areas concerning miscellaneous groups linked to terrorism. Lebanon has unique circumstances and should be addressed according to these needs. 8. Australia, Lebanon has no transparent agreement or bilateral other than an embassy for purposes of immigration. Australian Lebanese have not seen any benefits from bilateral talks that have impacted any positive change in the country or of benefit to Australia, businesses or aid directly to citizens in the country this includes Austrade associations or other.

Under a Global Magnitsky Act, all politicians past, present sanctioned according to the following:

1. Government officials or senior associates of such officials who are engaged in or responsible for acts of significant corruption. Individuals who have acted as agents of or on behalf of human rights abusers or who materially assisted corrupt officials can also be sanctioned. 2. Have engaged in extrajudicial killings, torture, or other gross violations of human rights against individuals who either seek to expose illegal activity carried out by government officials or to obtain exercise, defend, or promote internationally recognize human rights of freedoms, such as freedoms of religion, expression, association, and assembly and the rights to a fair trial and democratic election.

These would protect the rights of Lebanese in Lebanon, in Australia and abroad. Politicians and officials from all political parties will be sanctioned and denied entry into Australia, reducing their power and support in Lebanon, Australia and abroad. It will stop and prevent illicit funds from entering Australian soil to finance purposes of corruption and possible terrorism. These activities may cause a threat to the Australian national security and the safety and security of all Australians.

• The Act would target a broader range of persons associated with serious human rights abuse, corruption or transfer of proceeds of corruption as discussed above. It would include foreign leaders or officials within entities that engage or attempt to engage in these types of activities, including any person that do or attempt to material assist, sponsor or provide financial, material or technological support, or goods or services to or support of these activities.

The United States government to sanction any foreign person has proven to be effective. In 2007 the US introduced a new sanction relating to Lebanon under EO 13818. These include sanctions on current or former government officials, a person acting for or on behalf of such an official, who is responsible for or complicit in or has directly or indirectly engaged in forms of corruption.

• The Act would also sanction and revoke the visas of certain foreign persons (both individual and entities), if they are responsible for or acted as an agent for someone responsible for extrajudicial killings, torture, or other gross violations of internationally recognize human rights or if they are government officials or senior associates of government complicit in acts of significant corruption.

In September 2019, the US government denied Visa Entry to a Hezbollah Minister. https://english.aawsat.com//home/article/1910781/washington-denies-visa-entry-hezbollah’s- minister With the current Lebanese Government calling themselves technocrats are all backed and have been voted in with the majority by the Hezbollah party. Under a new sanction act, in Australia this would include the entire government, politicians, officials past and present. It would also include any person or persons in association in Australian, Lebanon and internationally.

The Lebanese community in Australia has a large population of citizens that live, work and contribute to our society in Australia, abiding laws and paying taxes. We comprehend that there are protocols and procedures the government abides by to ensure the safety and well being of all Australians and contributes to the needs of other countries. However, it must be seriously taken and heard by the Australian Government that bilateral talks, ambassador or consul of Australia, speaking, arranging or in association with politicians, officials or individuals that represent the above mentioned political party, especially the Hezbollah political party, does NOT represent a majority of Australian Lebanese citizens in any shape or form. The Australian government will also find that a majority of Lebanese in Lebanon and Lebanese immigrants residing in countries abroad feel and act in same manner with regards to this political party.

Sanctions such as the Magnitsky Act are a blessing to the Lebanese and extended communities internationally. These sanctions would benefit immensely in stabilizing the country and reducing the power of such miscellaneous groups and political party preventing them from committing and abusing all human rights and corruption in Australia, Lebanon and internationally. It would be a catalyst for foreign governments to implement and recognise the importance of policy changes and reduces the behaviors of human rights violators and corruption. Furthermore, it is essential for Australia to be allied with other countries to sanction human right violators and prevent the destruction of corruption in its entirety.

Our modern world has changed and has brought about new and challenging experiences that require a reevaluation of policies and laws for the present and future state of the world we live and occupy.

We thank the Honourable Members of the Committee in advance for giving us the opportunity to participate in this inquiry.

God Bless Australia and all Australians

Members of Lebanon Abroad