Mr ADAMS (1:25 PM) —The two treaties to come before the parliament today are the agreement between the government of Australia and the government of the Republic of Kazakhstan on economic and commercial cooperation, which was done at Almety on 7 May 1997, and the International Labour Organisation Convention No. 182 Concerning the Prohibition of and Immediate Action for the Elimination of the Worst Forms of Child Labour, which was done in Geneva on 17 June 1999.

The first agreement is considered to be one of encouragement, and it is not an enforceable treaty. It was initiated at a time when it was considered to be in the national interest to raise Australia's profile in these newly emerging nations. The agreement endeavours to require the two countries to grant each other most favoured nation treatment in respect of duties, taxes or charges imposed in connection with the import or export of goods. It also helps to provide a context within which future commercial disputes can be managed.

This is the second time that the proposed treaty has come under scrutiny; the first time was in 1997, when it was decided not to ratify it, as an Australian company that was attempting to develop a joint venture there ran into huge difficulties. I was on the Joint Standing Committee on Treaties at the time and we were concerned that there were flaws in the consultation process and that ratification should not occur until there were demonstrations by Kazakhstan of good faith in its trade and investment relations with Australia. We are only talking about a very modest trade flow, but some of the companies involved have been burnt and they were very wary of establishing trade relations at the time.

This time, the committee has considered the department of trade's view that reforms are occurring in Kazakhstan and economic growth is continuing, which means that it is becoming a more attractive country with which to trade. It is also thought that the agreement will support Australia's broader foreign policy goal of integrating this country into the world economy by strengthening the legal and commercial framework. It is, after all, an agreement of encouragement, and it is not enforceable. On balance, it would be in Australia's interests to proceed with binding treaty action.

The second treaty in this report is to ratify International Labour Organisation Convention No. 182 on the elimination of the worst forms of child labour. This convention entered into force generally on 19 November 2000 and it is the fastest ratified convention in the ILO's 82-year history. It has been ratified by 144 of the 177 ILO member states, indicating its global support.

The worst forms of child labour applying to children under 18 are described as: the use of children in all forms of slavery, or similar, including the sale and trafficking of children; the procuring or offering of children for prostitution or for the production of pornography or for pornographic performances; the procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, as defined by the relevant international treaties; and work which is likely to harm the health, safety or morals of children.

It was coincidental that an article written by Ethan Kapstein entitled `The baby trade' appeared in the Australian Financial Review on Friday, 28 November 2003. Judging by the article, this ILO treaty is more than timely. It says:

This trade is not confined to developing countries; it also occurs in adoption. The article states:

But sometimes this is not the only purpose to which these adoptions go, and this is the part of the ILO convention that is being targeted under this treaty.

I also note a copy of a letter received by the Treaties Committee from the Uniting Church of Australia. The letter points out that section 128 of the Tasmanian criminal code does not cover older children—those between 16 and 18—and that it provides for procuration but may not cover a situation where the employer has not recruited the child. It is because of these sorts of details that it is important that all states and territories review their legislation in order to comply with the ILO convention in full.

There was quite extensive consultation by the committee and all parties were keen to ensure that this convention was implemented in the fastest possible way. It is recommended that, subject to all legislation being in place for Australia to meet the required obligations, binding treaty action be taken. (Time expired)