Australia’s human rights commissioner has said the Chinese student who was allegedly jailed for six years by Chinese authorities for joining protests in Sydney underscores the “very real and growing risks of transnational repression affecting people in Australia – including international students”.
Commissioner Lorraine Finlay told Guardian Australia that while she could not comment on the circumstances of individual cases “no one should fear punishment abroad for exercising their lawful rights to free expression and peaceful protest here”.
The University of Sydney student went missing in December 2024 after returning to China and was allegedly charged with secession and sentenced to six years’ jail for joining events including two solidarity protests for China’s ethnic minorities.
Finlay also called on the Albanese government to introduce a dedicated parliamentary inquiry into transnational repression to understand the scope of the problem.
“[Australia needs the inquiry to] hear directly from those affected and identify concrete steps to better protect human rights on Australian soil,” Finlay said. “Such an inquiry would send a clear message about our commitment to protecting democratic freedoms in Australia.”
Chinese international student activists have also expressed concerns over their safety after the case.
John*, a Chinese student who came to Sydney to study two years ago, told Guardian Australia he was “shocked but not surprised” about the student’s arrest.
“I feel sad for the student,” said John, who asked to use a pseudonym due to safety concerns.
In China, protest as a form of free speech is often subject to heavy surveillance from authorities, regardless of its nature. John, who had participated in rallies in Sydney, said he had been “mentally prepared” for retribution, even if he described the agenda of the protests he attended as “relatively safe” and not directly critical of China.
“The case had made me a bit more concerned about my safety when participating in protests in Sydney,” he said.
Emma, who asked to be identified by her first name only, knew the arrested student through an anti-China Covid lockdown protest in Sydney, said she was shocked to hear the news of the student.
She called on the Australian government to offer more support for international students who speak up for democracy despite risks of political repression.
“It takes a lot of risks for a Chinese national to participate in [protests] and the Chinese Australian community has conflicted views around China,” Emma said. “Some are very pro-Chinese Communist party, while some are very critical of it.
“The Australian government should offer more support to those who are brave to stand up and speak against an authoritarian government.”
Emma said she understood it could be difficult for universities to take action if a student was already subjected to foreign repression. “But [universities] may be able to offer more support to those [at risk of repression] to seek asylum in Australia.”
Grace Street, the president of the University of Sydney’s student representative council, has criticised the university and the Australian government for “sorely failing in their duty of care for students, both past and present”.
“The university refusing to comment on the matter means that all students suffer and are implicitly told that the university will not support their freedoms and rights to protest against injustice in this country,” she told Guardian Australia.
“International students are, overall, feeling vulnerable, exploited and unsupported.”
Dr Alison Barnes, the national president of National Tertiary Education Union, called for an update on the university foreign interference guidelines “to keep pace with a rapidly changing geopolitical environment”.
The then Coalition government launched the guidelines in 2021 after growing concerns of foreign interference on campus and a Human Rights Watch report that found pro-democracy Chinese students faced intimidation, harassment and fear of reprisal.
“Given the guidelines explicitly recognise the importance of protecting academic freedom – a cornerstone of universities – from outside influence, it’s critical universities do everything they can to uphold that,” Barnes told Guardian Australia.
Justin Bassi, the executive director of the Australian Strategic Policy Institute and a former chief of staff to Marise Payne, who was involved in the making of the government-led university foreign interference taskforce, said “governments and particularly university administrators cannot pretend that their relationships with China are normal and only involve an economic partner”.
But he added that there was an individual responsibility for Chinese citizens to take care of their own safety, as it’s “very difficult” for the Australian government to prevent them from being detained in China.
“Australia’s security and the safety of those living in Australia are not helped by silence on China’s human rights abuses.”
* Name has been changed