Australia

2015: Attended the state consultations on the SSD in Geneva – led by Norway.

Australia referred to the issue of military use at UNSC Open Debates on children and armed conflict in March 2014 and September 2014. Save the Children Australia has been in a dialogue with Australian Defence Department humanitarian law advisors since June 2014 and launched a campaign in November 2014. Steven Haines met with the Geneva Mission in August 2014 to invite input on the Guidelines. Australia was non-supportive during consultations on the Declaration in Geneva, mainly due to IHL-related concerns regarding the Guidelines. Support for the issue from the Green party began to emerge in parliament in May 2015. Australia was one of seven countries that issued a joint letter to the Ambassador of Norway in Geneva, explaining why they would not be endorsing the Declaration. (Together with Canada, France, US, UK, Japan and Republic of Korea. The first two countries have since endorsed.)

In July 2016, representatives of HRW, StC-Aus and UNICEF met with Michael Bliss, who is responsible for the international law section of DFAT. He said that Australia supports the broader objective of the Safe Schools campaign, but that the wording of the Declaration is too absolute, and does not give enough flexibility to militaries, which may have good reason to take over a school, e.g. if it has been occupied by insurgents. He also reiterated the argument that the Declaration goes beyond existing IHL obligations. Although it is a voluntary Declaration, Australia takes its obligations seriously.

In October 2016, Bede again travelled to Canberra to carry out joint advocacy with UNICEF and StC-Aus. They gave a parliamentary briefing and had a bilateral meeting with Paul Cronan (Counsel International Law, Directorate of Operations and Security Law, Defence Legal, Department of Defence). Paul responded to a follow up email to say that they are keen to maintain a dialogue on the issue.

In January 2017, Bede and Gisela had an advocacy meeting with Hugh Watson, Legal Adviser in the Geneva Mission. We recognized that Australia was probably not going to endorse before Buenos Aires, but explained that the upcoming conference would be open to non-endorsing states as well, and in light of how committed they were to this issue and the goals of the Declaration, we recommended that they attend.

In February 2017, there was a debate in parliament of the Safe Schools Declaration, introduced by Christopher Hayes of the Australian Labour Party. Trent Zimmerman of the Liberal Party and Maria Vamvakinou, also of the Labour Party, both spoke. Both Hayes and Vamvakinou called on the government to endorse the Declaration. Zimmermann expressed the hope that difficulties with the language of the declaration could be overcome. Hayes called on the Government to: (a) work with governments internationally to discourage the military use of schools, and promote security force policies and practices that better protect schools; (b) consider Australia’s participation at the Safe Schools Conference to be held in Buenos Aires on 28 and 29 March 2017; and (c) condemn attacks on schools and education, particularly the recent incidents in Nigeria, Syria and Yemen. March 2017: Attended Buenos Aires Conference on Safe Schools.

April 2017: The Office of the Foreign Minister of Australia responded to the Question on Notice from the Green Party, submitted last month, to advise that they do not have plans to endorse the SSD.

May 2017: Human Rights Watch, UNICEF Australia, and Save the Children Australia issued joint letters to the Ministers of Defense and Foreign Affairs and the Attorney General of Australia, calling on them to review their position on the Declaration and addressing questions the government has raised about the Declaration’s relationship with international humanitarian law.

June 2017: Obstructed a reference to the Declaration in a HRC resolution on child, early and forced marriage. The language had been proposed by New Zealand but was rejected. Human Rights Watch (Bede) published an article for the Australian Strategic Policy Institute, calling for Australia to endorse the Declaration. Save the Children Australia with the support of Save the Children Civ-Mil provided the Defense Forces of Australia with training scenarios that referred to the military use of schools during armed conflicts.

September 2017: Save the Children Australia is developing an advocacy and media campaign with a focus on Australia’s spending on education in developing countries, including reconstruction of schools, particularly in Uruzgan, Afghanistan, which is an endorsing state.

February 2018: In advance of OPAC turns 18 event, GCPEA issued letter highlighting that Australia has signed OPAC, Paris, and Vancouver, but not the Declaration,and calling for endorsement.

March 2018: During the informal on Resolution A/HRC/37/L.33, Australia has opposed references to the Declaration in operative and preambular paragraphs.

April 2018: The Executive Director of Human Rights Watch, Kenneth Roth, raised the Declaration during a meeting with the Departments of Foreign Affairs and Defense. Defence remained opposed, but the endorsement by the United Kingdom was of interest. Australia retransmitted a letter, dated August 2017, from the Office of the Attorney General, cced to the Ministers of Defence and Foreign Affairs, which stated:the Government has decided not to endorse the Guidelines and Declaration as they do not fully replicate the language and content of International Humanitarian Law (IHL). The Attorney General who was in position at that time has since moved on.

June 2018: Zama met with Jo Feldman, First Secretary. The Secretary requested a 1.pager pitch based on the Q&A document to share with capital or through other channels. The pitch should show how valuable the SSD is and share some positive implementation examples. In addition, it should address Australia’s concerns on IHL, as well as the question that schools could become safe havens for foreign fighters. It will be also good to include the reasons why Canada, France, and UK have changed their positions and endorsed SSD.

July 2018: Co-sponsored resolution 2427 (2018) and joined the statement of Canada on behalf of the GoF which mentioned the Safe Schools Declaration.

August 2018: Gisela met with Katy Mead, Australia’s First Secretary for Human Rights in Geneva. She seems favourably disposed on a personal level but advised that MoD lawyers continue to firmly oppose endorsement because the language goes beyond IHL obligations (as we know from the Attorney General’s letter). We gave the usual responses, highlighting the ICRC and Swiss positions in particular. She appreciated that legal considerations might eventually need to give way to political considerations – we discussed Germany’s endorsement in this respect. She was interested in the number of endorsements by G7 and EU members. The Canada and UK positions, and practical implementation, are of most interest, but the US position is also significant due to their military cooperation. I noted that we had heard that some US diplomats had been asking questions in light of recent endorsements, that we have met with them recently in Geneva, but that the political climate is not exactly favourable to a change in position. We noted that countries such as Denmark which are also close allies of the US had overcome concerns about differing operational frameworks and she took note of this. I mentioned that I had heard about a memo shared between the UK and Australia in New York outlining how the UK had changed its position – she hadn’t seen this so she made a note to track it down. She brought up the question of making schools attractive to armed groups by denoting them as safe spaces. We pointed out that the Declaration does not prevent armed forces from attacking schools if they are converted into legitimate military objectives, but asks for alternative options to be considered where possible. She said that advocacy meetings are useful as it allows them to continue the internal conversation, which is intense. She noted that the proposal of a reference to the Declaration by Norway during the HRC right to education negotiations had also forced them to discuss their position again. She was aware of Green Party advocacy in parliament but noted that the Labour Party is a much more natural and influential ally on the topic. She expects that the current government will hold elections within 9-12 months, and that a Labour government will be voted in, opening the door a little more widely for us. The new Foreign Minister, Marise Payne, was previously Minister of Defence. She saw this is a point against us, but I think it could be turned to an advantage if we can get her on our side somehow. Suggested next steps: We have already followed up in writing and she replied to say that Australia follows the Declaration closely and that the information we shared is useful. we will issue a WPS open debate letter to Australia. Ask member organisations (Save, UNICEF, HRW) in Canberra if they could do any or all of the following: seek a meeting with the new FM; meet with the embassies of the UK and Canada and ask them to conduct advocacy; brief the ICRC delegation in Canberra so they are ready if asked the question.

August 2018: STC Australia might be able to get a lawyer from the UK MoD to speak with a lawyer from Australia’s DoD to get them more comfortable with the status of the SSD under international law. They think that the appointment of a new Foreign Affairs Minister, Marise Payne (formerly Minister of Defence) might be positive. The stumbling block has and continues to be within the bureaucracy, rather than at the ministerial level. One of her first public statements in her new role involved taking a very strong stance on the Myanmar Fact Finding Mission report in calling for the perpetrators to be held to justice and supporting the recommendation for accountability mechanisms. This wasn’t expected given the government had previously been very reluctant to speak out on Myanmar and had maintained an approach of keeping back channels open.

September 2018: Ahead of the UN WPS open debate, GCPEA a letter addressed to Foreign Minister sent to the Mission in New York. The letter encourages the government to endorse the Safe Schools Declaration and advocate for continued access to quality, conflict-sensitive education for women and girls.

October 2018: Gisela met with with Jo Feldman, Zama’s contact, in the PM in New York. She remains an ally, and wants to see Australia endorse. Australia would respond well to approaches at Ministerial and bureaucratic level from the UK Conservatives how they overcame their previous position. If there is a change in government to the Labour party following the next elections, an approach from Canada would be helpful. She cautioned that the government would respond very poorly to a public campaign; embarrassment would be counterproductive. She recommended consistent low-profile engagement in capital, Geneva, New York.

January 2019: Australian school student lobbies government on Safe Schools Declaration. The student is youth ambassador of Save the Children.

February 2019: GCPEA met with the expert who recently arrived in Geneva. He confirmed that the Safe Schools Declaration has been in the front and centre of the agenda in Canberra for a number of years, and that the failure to endorse to date is at odds with Australia’s position on the responsibility to protect, protection of civilians, and peacekeeping. He referred to his government’s displeasure that the United Kingdom confirmed its endorsement in the presence of his Foreign Minister who had only been given only 24 hours’ notice. This had not been greatly appreciated. He expected that Australia would attend the Spain conference with local representation and maintain a low profile, as they had done in Buenos Aires.
Follow-up: GCPEA followed up in writing, sharing a letter for the Foreign Minister.

June 2019: Human Rights Watch released a letter to the recently reappointed Foreign Minister, Marise Payne, which urges the government to support the Safe Schools Declaration.

November 2020: Joint press statement by the diplomatic missions of Australia, Canada, EU, NATO, Netherlands, Norway, Sweden, Turkey, UK and US in Kabul condemning the abhorrent attacks on education centres in #Afghanistan.

August 2021: Yatasha and Apolline met with Lachlan Dawson, Human Rights Counsellor. The Counsellor is new to the mission and to this portfolio thus he wanted to be briefed. We outlined the SSD and its commitments, particularly focusing on the gender aspect of the Declaration and putting this in relation with Australia’s strong focus on gender. The counsellor admitted that he had not thought about this angle and would underline that in his report back to capital. The representative confessed that their position on the declaration was somewhat at odds with their usual stance on gender. Moreover, he confessed it was becoming problematic not to be able to present a unified voice with like-minded states during HRC negotiations, particularly with regards to gender, considering that they already face quite a lot of opposition from others. Hence, at least in the mission, they are questioning whether or not it might be time to review their position on the SSD. He asked numerous questions on IHL implications as this remains their main concern (i.e. the declaration goes beyond IHL). We followed up in writing sharing an information note, the ICRC’s contact for a briefing on IHL implications as well as the UK mission’s contact to inquire about the UK’s legal analysis of the SSD. The counsellor was also interested about implementation examples and the state-led implementation network and whether technical assistance is offered to states that have not endorsed. We advised that Australia participate at the Abuja conference to hear more from other states on good practices, and that a technical meeting could be set up with their ministry of defence upon request. Overall, the meeting was positive but non-committal.

October 2021: Australia co-sponsored UNSC resolution 2601 (2021), the first thematic resolution on the protection of education in armed conflict and to mention the SSD (preamble).

October 2021: Save the Children Australia shared that the main department with carriage of the issue, the Department of Foreign Affairs and Trade (DFAT). The primary departments for Safe Schools by the Australian government are DFAT in the Multilateral Policy Division and the Department of Defence in the International Policy Division and Defence Legal. Additional input is provided from the Attorney-General’s Department in the Office of International Law. There is currently a whole of government review of positioning on the Declaration, which has been underway for a couple of months. Australia has reached out to like-minded countries, both those who have signed on to the Declaration (such as UK, Canada, Germany and France) and those who haven’t (such as the US, Japan and South Korea), to understand their views.A relevant development is that key coalition partners in Afghanistan have signed on to Declaration since the 2017 Conference, which is also influencing who they are seeking some of the feedback from. if a decision is made to sign on it will need to be signed off by the Minister for Foreign Affairs. If it is supported, she would likely look to make an announcement at a major UN event or appropriate forum.

November 2021: Nevena and Apolline met with the Human Rights Attache at the Australian Permanent Mission in Geneva. GCPEA presented the key take-aways of the Conference as well as the Geneva “hub” event (25 Oct.). The representative said that Australia had actively participated in the Conference, engaging at the Geneva, New-York and Abuja levels. He particularly noted the wide representation of children throughout the Conference. GCPEA congratulated Australia for its co-sponsorship of the UNSC resolution 2601 (2021) and emphasized the need to collaborate at the Geneva level, particularly through the HRC, to continue to strengthen language on the protection of education. The representative also asked for updates on the state-led implementation network. GCPEA inquired about next steps and the best approach to continue this conversation towards endorsement. The representative said that we could send a formal letter to his capital requesting for an inter-ministerial meeting, which he could transmit with a recommendation. He also advised that we reach out through the NY mission which has a defence delegation (contrary to the Geneva one), noting that the MoD continues to be the one raising concerns about the SSD and Guidelines going beyond IHL. Lastly, he advised to continue to use the “gender angle” considering that gender is a top priority to the Australian government. Next steps: GCPEA followed up with the Geneva representative and shared an official letter requesting a virtual meeting with the defense attaché in New York.

February 2022: The Norwegian Ambassador invited the DPR to a working lunch, together with Japan and Tunisia, to discuss the protection of education and the SSD. Unfortunately, the DPR would not be able to attend as the newly appointed Ambassador will start on that same day. GCPEA is planning to request a meeting with the new Ambassador and the DPR. In the meantime, GCPEA is also organising a meeting with the policy officer for Defense in New York to discuss the SSD and address any questions your government may have.

February 2022: Myanmar is a priority country for Australia.

March 2022: On 17 March, Apolline and Bede met with Emily Byrne – Defence Policy Adviser – and Amy Hansen – Deputy Military Adviser – from the Permanent Mission of Australia in New-York. The representatives explained that now that the Declaration had reached a more mature stage, with 114 endorsing states, Australia was beginning an internal review process to re-assess its position on the Declaration. However, she noted that it was very unlikely that any decisions could be made before their national elections in May 2022The meeting was positive, in that Australia is seriously reviewing its position, but non-committal. We followed-up in writing and will reach out again to the mission after the May elections. Nevena also attended an informal briefing on the SSD for Australia organised by Spain with the Australian Human Rights Expert. GCPEA provided an overview of the SSD and the Guidelines, including examples on implementation. Norway talked about the UN SC Resolution 2601 and the implementation network, and Spain strongly encouraged Australia to contribute to the initiative. The expert promised to convey the messages to capital.

May 2022: Save has written to parliamentarians and advisors post the recent federal election in May, that includes the Minister for Foreign Affairs, and provided a briefing document with their core policy and advocacy asks, which includes reference to calling on the Australian government to endorse the SSD.

June 2022: The Spanish Mission in Geneva hosted a PR-level lunch with Australia, together with Norway, Argentina, and Nigeria. During the meeting, they discussed Australia’s endorsement of the SSD, and agreed that the champion states would do a joint demarche at capital level, with tailored messages and proposing them to approach New Zealand, Canada and UK regarding the endorsement. Indonesia and Mauritania were also invited to the lunch but did not attend. GCPEA prepared a draft letter on behalf of the champion states, which encourages these countries to endorse.

July 2022: Save had a meeting with a parliamentary advisor to Senator Jordan Steele-John, who is the Australian Greens Spokesperson for Foreign Affairs, Peace and Nuclear Disarmament, where we raised endorsement of the SSD. There was interest in continuing discussions.

November 2022: Endorsed the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas (EWIPA) on 18 November during an International Conference hosted by Ireland, the leader and penholder behind the Declaration.

November 2022: Update on the champion states’ joint demarche with the 14 countries that co-sponsored UNSC resolution 2601 but have not yet endorsed the SSD: Joint démarche by the champions was done in capitals in Australia, Japan, Republic of Korea, Indonesia, Lithuania, and Lesotho, as well as through the Missions in New York with Comoros, Papua New Guinea, Rwanda, and Tuvalu. On Australia specifically, Norway and Spain met with the deputy director for multilateral affairs. The information has been transmitted but the decision involves the MoD and MoJ as well. They agree that the Malaysia conference could be a good moment to endorse, but without confirming any intention since it requires green light from the other ministries.

December 2022: Save the Children is looking at drafting a notice of motion for Parliament (a non-binding statement) and identifying key stakeholders in Parliament who could advance it. When I was back in Australia, Philippa and I met with Siavosh Sahebi, Policy Advisor and Community Engagement, Office of Senator David Shoebridge, Australian Greens Senator for NSW, who was supportive of advancing a notice of motion, but we are also considering the politics carefully, in terms of who and what will be most advantageous.

January 2023: Save the Children is drafting a notice of motion for Parliament (a non-binding statement) and identifying key stakeholders in Parliament who could advance it. There is already a draft text, and Save the Children is trying to ensure that the Greens are comfortable with putting it forward.