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The tragedy of SIEV X
Did the Australian government deliberately allow 353 refugees
to drown?
Part 2 of a four part series
By Linda Tenenbaum
14 August 2002
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See: Part 1; Part
3; Part 4
The fateful voyage of SIEV X
There is compelling evidence that the scenario suggested by
Tony Kevin in his submissions to the Senate inquiry on A
Certain Maritime Incident formed the backdrop to the sinking
of SIEV X. From Indonesian and Australian media reports at the
time of the tragedy, as well as testimony from survivors, recounted
by Kevin in his two submissions, the following appears to be what
happened.
On October 18, 2001 SIEV Xa 19-metre wooden boat, grossly
overloaded with more than 400 asylum seekersset sail from
Bandar Lampung at the southern tip of Sumatra, the largest island
in the Indonesian archipelago. Its destination was Christmas Island,
an Australian territorial outpost, about 300 nautical miles due
south of Sumatra.

Intelligence about the boats movements was being forwarded
to Australian authorities by a large network of paid informers
in Indonesia who had infiltrated the people smuggling
industry operating out of Indonesia. Their task was not only to
follow the people smugglers activities, but
to try and disrupt them. For some unexplained reason, there was
no attempt to disrupt SIEV Xs journey.
Many of the passengers were reluctant to board when they saw
the boats unseaworthy condition. They were falsely informed
that this was just a transit vessel and they would soon be transferred
to a larger boat. Some nevertheless took fright and paid bribes
to be let off by the armed and uniformed officers who were at
the dock. The rest were herded onto the vessel at gunpoint. Another
24 alighted when the boat stopped briefly at an island in the
Sunda Strait (the strip of water between Sumatra and Java), convinced
it was about to sink. The vessel was leaking, its engine failing
and there was a large crack in the hull.
The boat set out for the open sea on the morning of October
19. In the early afternoon, one of its two engines failed. Within
minutes the vessel capsized, about 80 miles south of the Sunda
Strait, breaking up into planks almost immediately. Of the 397
refugees still on board, 353including 150 childrenperished.
The boat was carrying only 70 life vests.
Around 21 hours later, what appeared to be an Indonesian fishing
boat happened by, rescuing the 44 who were still alive, clinging
to life vests or pieces of wood. According to survivor accounts,
two large ships passed them during the night, shining floodlights
onto the terrible scene. Aircraft were seen and heard flying above.
But none of them stopped or mounted a rescue.
The fishing boat took the traumatised survivors to Jakarta,
about 300km away (although the south coast of Java was only 80km
away). The journey lasted nearly two days. On October 22, the
refugees were met at the pier by Indonesian immigration police.
The next day CNN broke the news of the tragedy. An Egyptian,
Abu Qussey, was arrested as the people smuggler responsible,
but charged only with document fraud. Two police officers were
arrested in northern Indonesia for their part in the armed duress
at the port of embarkation.
Responding to questions on October 23-24 as to why the victims
had not been rescued by Australian naval vessels patrolling the
area, Prime Minister Howard stressed: This boat sank in
Indonesian waters. We are not responsible.
None of the media questioned Howards position. The election
campaign was well underway. Both the media and the Labor opposition
had fallen in behind the governments vilification of asylum
seekers and its attempts to paint them as possible terrorists
in the wake of September 11. The drownings were depicted as an
unfortunate accident. No assessment was made of exactly where
the boat sank or how much the government knew about its movements
and overloaded condition. The unstated premise was that, by virtue
of the fact that they were refugees, the lives of these people
were expendable. After a few days in the headlines, the issue
all but disappeared from the public arena.
It did have the effect, however, of deterring any further voyages.
On October 25, one boatload of refugees arrived at Ashmore Reef,
but that was to be the last. Between then and the start of the
Senate inquiry in late March, none of the 2,500 asylum seekers
alleged by the Australian government to be waiting in Indonesia
to travel to Australia embarked on the journey.
On election night, Prime Minister Howard, triumphant at his
third consecutive electoral victory, was asked in an interview
on ABC TV whether he expected the number of refugee boats to diminish.
The advice is that the flow of people into the pipeline
has slowed, he answered. Its a bit hard to know
how quickly the people who have accumulated in Indonesia are going
to try and come here. Obviously the more difficult we make
it, the less likely they are to come... (Quoted in Kevins
second submission. Emphasis added).
The Senate inquiry
When Kevins allegations about possible government involvement
in the SIEV X tragedy were first raised in the inquiry, they were
attacked by witnesses as unfounded and offensive and dismissed
out of hand. The government and media, publicly at least, chose
to ignore them.
In early April, the maritime commander in charge of Operation
Relex, Rear Admiral Geoffrey Smith, testified to the Senate that
the RAN had no information about SIEV X, its likely departure
from Indonesia or due date in Australian territory. At no
time under the auspices of Operation Relex were we aware of the
sailing of that vessel until we were told that it had in fact
foundered, he declared. He told the senators that when SIEV
X sank on October 19, the closest ship, HMAS Arunta, was 150 nautical
miles away, patrolling the waters close to Christmas Island. (At
that distance, Aruntas helicopter could have been at the
accident scene in less than an hour and the ship itself in four
or five hours.)
Under questioning, Smith admitted that normal practice since
September 3 when Operation Relex was launched, was to respond
to any information regarding the possible departure of an SIEV
for Australia by sending ships to intercept it. Every one of the
12 other SIEVs that set out from Indonesia for Australia between
September 3 and October 25 was intercepted and boarded by the
navy. The reason this did not happen in the case of SIEV X, according
to Smith, was that the navy simply received no intelligence about
it.
This appeared to be the end of the matter. Kevin, however,
responded to Smiths testimony with a second submission,
highlighting a number of inconsistencies. Smith had testified
that the navy knew nothing about SIEV X. But according to media
reports in October, Australian search and rescue authorities had
issued an overdue notice about SIEV X on the morning
of October 22. Kevin wrote: In order to be able to put out
a boat overdue notice on 22 October, the Australian search and
rescue authorities must have had some previous information that
this boat had set out for Christmas Island, when it had set out,
and from where.
That the overdue notice was issued on October 22 suggested
that Australian authorities might have expected it to arrive
at the Christmas Island contiguous zone by 21 or 22 October, on
the basis of a presumed knowledge that it had set out from Bandar
Lampung on around 18 or 19 October.
Kevin posed the obvious question: From where did Australian
search and rescue authorities obtain such information and when
did they receive it?
Smith had told the Senate inquiry that unlike the situation
prior to Operation Relex, the Australian Defence Force (ADF) had
full operational control of all surveillance, monitoring and interception
of SIEVs, and that intelligence sat behind these activities.
It was a government decision that the ADF would take the
lead. Prior to 3 September, we were a supporting agency; after
3 September, we were the lead agency, he said.
Smith also outlined just how closely involved the prime ministerial
taskforce was: Once these vessels were intercepted in the
early stages of Operation Relex, every decision that was taken
in terms of what to do with that particular vessel and the people
on it was in fact directed from Canberra. It is my understanding
that that came out of the interdepartmental committee process
and therefore, from our perspective, it was a government direction.
Under these conditions, whatever information had been received
by search and rescue leading it to issue an overdue notice on
October 22 would, as a matter of course, have been relayed both
to the navy and to the government. Yet Smith had forcefully insisted,
on three separate occasions in the course of his testimony, that
the navy knew nothing about SIEV X prior to its sinking.
Smiths clarification of evidence
On April 16, Rear Admiral Smith decided to publicise his repudiation
of Kevins allegations in a letter to the Canberra Times.
In it, he repeated his claim that the navy had no information
and was thus unable to rescue SIEV Xs 353 victims.
Rear Admiral Marcus Bonser, director general of Coastwatch
and the man responsible for coordinating his organisations
relations with Defence under Operation Relex, was due to testify
before the Senate inquiry on May 22. After reading Smiths
Canberra Times letter, he immediately phoned Smiths
office to let him know that the evidence he, Bonser, would be
presenting directly contradicted Smiths claims.
Smith was overseas at the time, so Bonser left a message. On
April 22, having received no response from Smith, Bonser met with
Admiral Gates, head of the defence taskforce on people smuggling.
On May 10 and still no response, he advised navy chief Vice-Admiral
David Shackleton that there would be inconsistencies between
Admiral Smiths evidence and mine when I appeared at the
Senate committee, and he should be aware of that.
On May 16, one month after Bonsers first attempt to contact
him, Smith finally phoned Bonser to say he would be sending a
letter to the Senate to clarify his evidence.
On May 22, the day of Bonsers appearance before the inquiry,
Rear Admiral Smiths letter was delivered. Entitled clarification
of evidence, its contents were astonishing. Far from clarifying
his earlier evidence Smith was now openly contradicting it. The
rear admiral admitted that the navy had received no less than
six intelligence reports between October 14 and October 22 about
SIEV X and its intended or actual departure from Indonesia. The
reports had been passed on by Coastwatch and contained such details
as the name of the people smuggler organising the
voyage, Abu Qussey.
Smith cited a dispatch on October 18 in which Coastwatch assessed
SIEV Xs possible arrival at Christmas Island on October
18 or 19. Another, on October 19, reported that the vessel had
departed. On October 20, the boat was described in considerable
detail as being small and with 400 passengers on board,
with some passengers not embarking because the vessel was overcrowded.
The purpose of the reports, according to Smith, was to indicate
a possible SIEV arrival in an area within a probable time
window. Amazingly, and despite the navys receipt of
detailed and precise information as to the unseaworthy condition
of the boat, it considered the reports too inconclusive to warrant
an aerial search. Smith added that when the boat sank on October
19, surveillance aircraft were flying near Christmas Island (not
in the area south of the Sunda Strait where the boat sank).
Smiths letterwhich amounted to an admission that
he had lied under oathshould have led, at the very least,
to his immediate recall before the inquiry. Why had he not been
forthcoming with this information in April? Either the navy had
made a terrible miscalculation, a fatal error of judgement, in
its assessment of the SIEV X intelligenceremoving any possibility
of rescue for the 353 refugees when their boat sankor a
conscious decision had been taken to simply let them drown. At
the very least, the navy was guilty of breathtaking callousness
concerning the lives of the men, women and children aboard SIEV
X.
Most importantly, the inquiry should have immediately posed
the question: who made the final decisions in relation to the
quality and status of the SIEV X intelligence? What role did the
government and its People Smuggling Taskforce play?
Was a decision made at the highest level to allow this particular
boat to pass through the Operation Relex dragnet precisely because
it had no chance of making the distance? Were surveillance aircraft
and RAN ships deliberately kept away?
Remarkably, Smith was not recalled and very little was made,
in the inquiry and the press, of his admissions. Even more remarkably,
when the ADF insisted that Smiths letter be returned on
the basis that it contained confidential information, the senators
presiding over the inquiry dutifully obliged.
To be continued
See Also:
Part 1
[13 August 2002]
Part 3
[15 August 2002]
Part 4
[16 August 2002]
2001 Australian elections:
The political issues facing the working class
Statement of the Socialist Equality Party of Australia
[31 October 2001]
Howard's dirty tricks campaign
committee
How the Australian election was subverted
[19 February 2002]
350 refugees drown
trying to get to Australia
[24 October 2001]
Why the Tampa
refugees should be free to live in Australia
[31 August 2001]
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