Further deaths at sea

The tragic sinking of another Indonesian people smuggler vessel ferrying illegal immigrants to Australia raises further questions regarding the sea worthiness of people smuggling boats, the tactics employed by the people smugglers and the willingness of people entering contractual arrangements with crime syndicates breaching the sovereignty of Australia.

The vessel, reported 25 nautical miles off the Indonesian coast had a mobile phone programmed to call Australian rescue authorities in event of problems, while some discrepancy exists as to when the call to Australian rescue authorities was made, it is clear Australian authorities contacted Indonesian authorities who coordinated rescue efforts. The Australian rescue authorities responded by sending notice to shipping in the area with a diverted merchant vessel unable to locate the stricken vessel, a border protection aircraft also joined the search.

Territorial waters generally extend 12 nautical miles, approximately 22 km from the coastline as defined by the United Nations convention on the law of the sea, the contiguous zone extends a further 12 nautical miles with the exclusive economic zone extending 200 nautical miles. It is clear the vessel was in Indonesian waters and although headed to Australia, was still in Indonesia.

To keep things in perspective, Rottnest Island is 19 km from Fremantle, is viewed by line of sight from the West Australian coast line, once a year a swimming race from Cottesloe Beach to Rottnest Island is held, it is not only possible for people to swim that distance, they do so on a regular basis. Private craft regularly get into difficulty west of Rottnest Island, Indonesian search and rescue is never called to provide assistance to these vessels, why then is Australian authorities called to rescue Indonesian vessels in Indonesian waters?

Australian and Indonesian authorities have been working together with the HMAS Ballarat rendezvousing with an Indonesian Coast Guard vessel transferring rescued people from another stricken vessel who then landed the people back on Indonesian soil. Cooperation between Australian and Indonesian authorities appears to be entering a new phase, the willingness of Indonesia to accept boat-people from the Australian navy in Indonesian waters is the turn around policy in practice.