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Over the last few months, I have been completing a Masters in International Criminal Law at the United Nations Interregional Crime and Justice Research Institute in Turin, Italy. Over the last two weeks, our classes revolved around human rights — always a bit of a cringeworthy topic when one comes from Australia. Certainly Italy's attitude and approach to asylum seekers puts Australia's to shame.
Labor has made a political meal of last week's mishandled asylum seeker rescue. But neither Bill Shorten nor Richard Marles has shown any sympathy for the asylum seekers themselves. Meanwhile the Coalition's stubbornness has set back relations with Indonesia, has it pressed ahead with its turn-back policy to the point where Indonesia had to say very publicly 'We will not tolerate this any longer.'
Tony Abbott did handsomely in Jakarta. He was able convincingly to pitch the message that the bilateral relationship is much bigger and more important than the people smuggling issue, which he implicitly admitted had been mishandled by Australia. The national interest will be well served by the PM's deft handling of a difficult situation.
The WA Coroner's inquest into the sinking of SIEV 358 is shaping up to be the most thorough public examination ever of Australian rescue-at-sea protocols and practice in respect of assisting people on Suspected Irregular Entry Vessels. The Counsel Assisting the Coroner suggested that Australian Maritime Safety Authority's major focus for the first 11 hours of the incident had been to transfer the operation to Indonesia.
The sinking of the asylum seeker vessel SIEV 358 encapsulates key questions as to why these tragedies too often happen at interfaces between Australia's border protection system and maritime search and rescue system, and the under-resourced Indonesian maritime search and rescue system. Hopefully next week's public inquest by the WA Coroner comes up with some answers.
The fact that the boat was seen as stationary on Wednesday should have alerted Border Protection Command to the risk of likely engine failure. Had they reacted more quickly, the 55 or 60 drowned people may have been rescued. Instead, their boat drifted helplessly westwards, away from Christmas Island, and at some stage capsized and began to sink.
On Friday, Fairfax reported on another ordeal at sea, over ten days between 27 April and 7 May. Only two people died, but the toll could easily have been far worse. The story as we know it so far raises disturbing questions about Australia’s adherence to its rescue-at-sea obligations.
We now have another distressing and perplexing case of possible Australian failure properly to use intelligence information to save lives. If the unnamed agency that briefed AMSA did have the relevant coordinates, and yet did not pass them to AMSA to pass to BASARNAS, it could be complicit in the deaths of up to 58 people last week.
Australian maritime safety and border protection authorities could have saved the lives of most of the people on the boat that made two distress calls by telephone to the Australian Maritime Safety Authority early last Wednesday. Instead they passed the responsibility to Indonesia, which has none of the sophisticated resources and technologies that Australia uses - when it wants to - to locate and intercept incoming unauthorised boats.
A boat disappeared on 28 June, the 67 people on board presumed dead. The usual dysfunctional patterns of official behaviour followed: tardy response to families, insensitive language, political exploitation. Hopefully the Houston report's quiet hints that all is not well might lead to a more compassionate and timely response in future.
When distress calls come from asylum seeker boats, Australia's current policy is to rescue by choice. Many of the calls come from the Indonesian search and rescue region. To its credit, Australia usually responds to these calls. But not always. Sometimes we pass them to the less well equipped Indonesian search and rescue authority BASARNAS and wait to see what happens.
The latest tragedy comes ten years after SIEV X and a year after the Christmas Island shipwreck. It will be exploited by both Gillard and Abbott to further their border protection policies. Questions surround the disaster that the Australian Government would prefer not be asked.
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