Tampa affair
Encyclopedia
In August 2001, the Howard Government
of Australia
refused permission for the Norwegian
freighter MV Tampa
, carrying 438 rescued Afghans from a distressed fishing vessel in international waters, to enter Australian waters. This triggered an Australian political controversy in the lead up to a federal election, and a diplomatic dispute between
Australia and Norway
.
When the Tampa entered Australian waters, the Prime Minister ordered the ship be boarded by Australian special forces
. This brought censure from the government of Norway
who said the Australian Government failed to meet obligations to distressed mariners under international law at the United Nations
. Within a few days the government introduced the Border Protection Bill into the House of Representatives saying it will confirm Australian sovereignty to "determine who will enter and reside in Australia". The government introduced the so-called "Pacific Solution
", whereby the asylum seekers were taken to Nauru
where their refugee status was considered, rather than in Australia.
as refugee
s. Many of these arrived off Christmas Island
, an Australian territory in the Indian Ocean
, some 2000 km off the north-west coast of Australia and 500 km south of Jakarta
Indonesia. Hundreds of people arrived on tightly packed, unseaworthy vessels, and many were believed to have paid large amounts of money to people smugglers
for their passage to Australia.
At dawn on 24 August 2001, a 20 metre wooden fishing boat, the Palapa 1, with 438 (369 men, 26 women and 43 children) mainly Afghan unauthorised arrival
s became stranded in international waters about 140 km north of Christmas Island.
On 26 August, Rescue Coordination Centre (RCC) Australia, which had been aware of the vessel's distress, possibly through Coastwatch
surveillance, requested all ships in the area to respond. Of the ships that acknowledged the request, the Tampa was closest to the site and began to proceed towards the distressed Palapa 1.
According to international law, survivors of a shipwreck are to be taken to the closest suitable port for medical treatment. Merak, the Indonesian port offered by Indonesia after lobbying by the Australian Government, was 12 hours away; Christmas Island was six or seven hours closer.
The Australian rescue authorities had been the first to become aware of the vessel's distress, and for some time attempted to have the Indonesian authorities attend to the rescue. RCC sent a fax to the Indonesian Search and Rescue Agency (BASARNAS) on the night of 25 August but received no response. On Sunday, 26 August, Australian EST, the Australian embassy sent the naval attaché David Ramsay to visit BASARNAS. By this time, Australian surveillance had observed that the ship's passengers had fashioned signs that read "SOS" and 'HELP" on the ship's deck and, in response, further attempts were made to contact BASARNAS, first by fax and then through the defence attaché in Jakarta. At this time, DIMA
called RCC 'asking if vessels that respond to Australian search and rescue broadcast can tow the stranded vessel to Indonesia'.
A call to shipping was broadcast at 12:48 Canberra time: "Subject: Distress Relay. A 35-metre Indonesian type vessel with 80 plus persons on board adrift in the vicinity of 09.32.5 south 104.44 east… vessel has SOS and HELP written on the roof. Vessels within 10 hours report best ETA and intentions to this station."
Captain Arne Rinnan
of the MV Tampa responded to the mayday call: "We are on a voyage from Fremantle
to Singapore
via Sunda Strait
… We have changed course and are headed for position of distress… Please advise further course of action. A Rinnan, Master." After an hour of setting course for the vessel, Rinnan received a direction from RCC apparently attempting to disown the rescue operation: "Please note that Indonesian search and rescue authorities have accepted co-ordination of this incident."
The Tampa reached the vessel, guided by Australian Coastwatch
de Havilland Dash-8, at about 2 pm. The first child was lifted to safety at 2:30pm and the rescue operation continued all afternoon.
Rinnan re-counted in an interview with Norway Today:
During the rescue, Rinnan received a call from Jakarta advising him to disembark the passengers at the ferry port of Merak.
About half an hour after the Tampa had set sail toward Indonesia, a delegation of five asylum seekers visited the bridge to demand passage to Australian territory, specifically Christmas Island
, or any western country. The group was quite aggressive and agitated and Rinnan agreed to alter course for Christmas Island
.
When interviewed by UK newspaper The Observer
, Rinnan explained: "A delegation of five men came up to the bridge. They behaved aggressively and told us to go to Australia. They said they had nothing to lose."
as a people smuggler if it did so.
The Australian government denied any obligation under international law. The Minister
for Foreign Affairs
, Alexander Downer
explained to parliament that "It is important that people understand that Australia has no obligation under International law to accept the rescued persons in to Australian territory." Australian ambassador David Stuart
said in the United Nations
that "the rescue by the MV Tampa occurred outside the search and rescue region designated as being the responsibility of Australia." Although the Tampa had responded to a broadcast by an Australian rescue agency, on 30 August, Alexander Downer
made a statement in parliament emphasising that the survivors were picked up: "at the direction of the Indonesian search and rescue authorities."
Christmas Island, an Australian territory, lies within a zone designated as Indonesia's responsibility for rescue according to an agreement made in 1990 between Australia and Indonesia. The agreement recognises that Indonesia may be best placed to respond in that zone, but it does not oblige Indonesia to make rescues in the designated zone. Clive Davidson, chief executive officer of the Australian Maritime Safety Authority
told the Senate Select Committee on a Certain Maritime Incident
that "The responsibility of all search and rescue agencies around the world is to respond comprehensively and completely to every search and rescue event, wherever they may be."
Faced with Australia's threats of prosecution, Captain Arne Rinnan
agreed to turn slowly back towards Indonesia in the hope that the asylum seekers would not notice. About half an hour into the turn, however, they did notice and again became agitated. Captain Rinnan, concerned that if the ship continued to sail to Indonesia the asylum seekers could jump overboard or riot and harm the crew, decided to head back towards Christmas Island.
As the ship approached the boundary of Australia's territorial waters (12 nautical miles (22.2 km) from the island), Captain Arne Rinnan
pleaded for permission for the ship to dock at Christmas Island. He would have been well aware that there are no port or docking facilities for shipping at Christmas Island. He reported that several of the asylum seekers were unconscious, and others were suffering from dysentery
, statements subsequently supported by the SASR physician, but later disputed by Australian authorities. According to later Australian government claims, the asylum seekers were in relatively good health. However, a few were quite ill by the time they arrived in New Zealand
, so this matter is still unclear.
The Australian government provided medical assistance and food, but still refused permission for the ship to enter Australian territorial waters. The Australian government sent military personnel to Christmas Island, ostensibly to be ready to provide this assistance to the ship.
On 29 August, Captain Arne Rinnan
, having lost patience with the Australian authorities, and increasingly concerned for the safety of the asylum seekers and the ship's crew, declared a state of emergency and proceeded to enter Australian territorial waters without permission. The legality of this action has been the subject of debate, with the Australian government maintaining that it was illegal.
) led by squadron commander Major Vance Khan, under Colonel Gus Gilmore
, to board the ship and prevent it from approaching any closer to Christmas Island. The Australian government was seeking to stop any of the asylum seekers from applying for asylum, which they could legally do as soon as they stepped foot on Australian territory.
The SASR doctor later reported that the rescuees were generally dehydrated, malnourished and unhappy. Many were suffering from dehydration, exhaustion and minor ailments including sixty one cases of scabies
, forty six of head lice, twenty four of gastroenteritis
. They also attended to four pregnant women.
There were some disputes between the SASR and the ship's medical officer Christian Maltau, a deck officer with limited medical experience, regarding the deployment of medical supplies from the Tampa, and the use of the limited supplies of water. In one incident, the ship's officer turned off the ship's water supply while rescuees were being washed after an outbreak of diarrhoea. Several Australian soldiers also contracted diarrhoea during the boarding episode.
Captain Arne Rinnan
anchored approximately four nautical miles off Christmas Island. Shortly afterwards the Prime Minister of Australia, John Howard
, reported the boarding of the ship to the Australian Parliament
.
to move the ship back into international waters; he refused, claiming the ship was unsafe to sail until the asylum seekers had been offloaded. The ship-owners said they agreed with his decision, and the Norwegian government warned the Australian government not to seek to force the ship to return to international waters against the captain's will.
The Australian government tried to persuade Indonesia to accept the asylum seekers; Indonesia refused. Norway also refused to accept them because of the distance between the ship and Norway, and reported Australia to the United Nations
, the United Nations High Commissioner for Refugees
, and the International Maritime Organisation for alleged failure to obey its duties under international law
, though it did not ask for the assistance of these organisations.
Captain Arne Rinnan
received the highest civil honour in Norway as a result of his handling of this difficult incident. Rinnan has been a sailor since 1958, and a captain for 23 years. He said of the incident: "I have seen most of what there is to see in this profession, but what I experienced on this trip is the worst. When we asked for food and medicine for the refugees, the Australians sent commando troops on board. This created a very high tension among the refugees. After an hour of checking the refugees, the troops agreed to give medical assistance to some of them… The soldiers obviously didn't like their mission."
. It also attempted to ensure actions taken prior to legislation passage to remove ship and return people to it would have been treated as legal.
The Opposition Labor Party
announced they would not support the bill; nor would the Greens
, Democrats
or independent Senator Brian Harradine
. The bill quickly passed the lower House of Representatives
, but was rejected by the Senate
later that same sitting day. The Government attacked the Opposition for refusing to pass the legislation, but indicated it would not reintroduce it at that stage.
The government subsequently acted to excise Christmas Island and a large number of other coastal islands from Australia's migration zone, effectively meaning that any asylum seekers who did not reach the Australian mainland would not be able to apply for refugee status. The Labor party supported the excision of some islands that it viewed as acting as a "magnet for people smugglers", but not others, such as Melville Island
, which it viewed as being too close to the mainland to justify excision. The other parties opposed excision of any islands.
Domestically, the government's line attracted strong support, especially in the aftermath of the 11 September 2001 attacks. The Australian government’s popularity rating rose throughout the crisis. In the federal election following the arrival of the Tampa, the Liberal Party campaigned vigorously on the issue, with John Howard's statement "we decide who comes into this country and the circumstances in which they come."
Meanwhile, the Australian electorate largely supported its Government, though there was a comparatively smaller element of dissidents. Television news polls in Australia showed up to 90 percent support for the Australian government’s actions. Many viewed the asylum seekers as "queue-jumpers", falsely claiming to be refugees in order to gain illegal entry
into the country. There were concerns of a security risk, involving a "floodgates" situation where people smugglers would deliberately target Australia as a perceived "soft target". Some public commentators, including then-Minister for Defence Peter Reith
, suggested that groups of asylum seekers arriving by boat could harbour terrorists.
The issue also divided the Labor Party internally, with the Left faction
of the party arguing strongly in favour of a "softer" approach, including the abolition of mandatory detention. The party leadership's compromise stance was pilloried by the Liberals as being wishy-washy and uncertain. Some critics accused the Howard government
of employing wedge politics.
In July 2007, an unauthorised biography of John Howard claimed that he had received advice from the Attorney-General's Department that refusing the asylum seekers entry into Australia would breach international law, but that he did so to gain public support in the then upcoming election.
vessel, , which transported them to the small island country of Nauru
, where most were held in two detention camps, State House and Topside
. They were eventually joined by hundreds of other asylum seekers, under Australia's "Pacific Solution
". Approximately 150 people were diverted to New Zealand
, where they were subsequently granted asylum and progress to citizenship. In 2004, following the war in Afghanistan
and invasion of Iraq
, the New Zealand government began to reunite their families.
When those refugees not claimed by New Zealand arrived on Nauru, many of them refused to leave the boat after several additional weeks on board waiting for temporary shelters to be constructed, recognising they were to be held in detention camps pending the adjudication of their cases. Those eventually found to be genuine refugees were granted three-year temporary protection visa
s, by which they could be returned to their places of origin in Afghanistan and Iraq
at a time of the government's choosing.
On 23 May 2004, it was reported that most Afghan asylum seekers on Nauru recently granted refugee status were likely to be resettled in Australia. The Federal Government decided to grant refugee status to 92 Afghans detained on the Pacific island nation, while 11 applications were refused.
Holders of the Temporary Protection Visa are not allowed to return home (without losing their visa status) and do not have access to the same services as normally recognized refugees (for example, free English language
lessons and help with job search). Another small group was later accepted by New Zealand. As of August 2005, 32 people still remained in camps on Nauru from the Tampa and other ships.
Australia made direct cash payments to New Zealand for accepting those refugees it did accept.
for 2002 from the United Nations High Commissioner for Refugees
(UNHCR) for their involvement in the events.
Howard Government
The Howard Government refers to the federal Executive Government of Australia led by Prime Minister John Howard. It was made up of members of the Liberal–National Coalition, which won a majority of seats in the Australian House of Representatives at four successive elections. The Howard Government...
of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
refused permission for the Norwegian
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
freighter MV Tampa
MV Tampa
MV Tampa is a roll-on/roll-off container ship completed in 1984 by Hyundai Heavy Industries Co., Ltd. in South Korea for the Norway based firm, Wilhelmsen Lines Shipowning.-Tampa affair:...
, carrying 438 rescued Afghans from a distressed fishing vessel in international waters, to enter Australian waters. This triggered an Australian political controversy in the lead up to a federal election, and a diplomatic dispute between
Australia–Norway relations
Australia–Norway relations are foreign relations between Australia and Norway.Both countries established diplomatic relations in 1905, after Norway’s independence. Australia has a consulate in Oslo...
Australia and Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
.
When the Tampa entered Australian waters, the Prime Minister ordered the ship be boarded by Australian special forces
Australian Special Air Service Regiment
The Special Air Service Regiment, officially abbreviated SASR but commonly known as the SAS, is a special forces unit of the Australian Army...
. This brought censure from the government of Norway
Politics of Norway
Politics in Norway take place in the framework of a parliamentary representative democratic constitutional monarchy. Executive power is exercised by the King's council, the cabinet, led by the Prime Minister of Norway. Legislative power is vested in both the government and the Storting, elected...
who said the Australian Government failed to meet obligations to distressed mariners under international law at the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. Within a few days the government introduced the Border Protection Bill into the House of Representatives saying it will confirm Australian sovereignty to "determine who will enter and reside in Australia". The government introduced the so-called "Pacific Solution
Pacific Solution
The Pacific Solution was the name given to the Australian government policy of transporting asylum seekers to detention camps on small island nations in the Pacific Ocean, rather than allowing them to land on the Australian mainland...
", whereby the asylum seekers were taken to Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
where their refugee status was considered, rather than in Australia.
Rescue at sea
In 2001, increasing numbers of people attempted to travel to Australia by boat in order to seek asylumRight of asylum
Right of asylum is an ancient juridical notion, under which a person persecuted for political opinions or religious beliefs in his or her own country may be protected by another sovereign authority, a foreign country, or church sanctuaries...
as refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
s. Many of these arrived off Christmas Island
Christmas Island
The Territory of Christmas Island is a territory of Australia in the Indian Ocean. It is located northwest of the Western Australian city of Perth, south of the Indonesian capital, Jakarta, and ENE of the Cocos Islands....
, an Australian territory in the Indian Ocean
Indian Ocean
The Indian Ocean is the third largest of the world's oceanic divisions, covering approximately 20% of the water on the Earth's surface. It is bounded on the north by the Indian Subcontinent and Arabian Peninsula ; on the west by eastern Africa; on the east by Indochina, the Sunda Islands, and...
, some 2000 km off the north-west coast of Australia and 500 km south of Jakarta
Jakarta
Jakarta is the capital and largest city of Indonesia. Officially known as the Special Capital Territory of Jakarta, it is located on the northwest coast of Java, has an area of , and a population of 9,580,000. Jakarta is the country's economic, cultural and political centre...
Indonesia. Hundreds of people arrived on tightly packed, unseaworthy vessels, and many were believed to have paid large amounts of money to people smugglers
People smuggling
People smuggling is defined as "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries laws, either clandestinely or through deception, such as the use of fraudulent documents"...
for their passage to Australia.
At dawn on 24 August 2001, a 20 metre wooden fishing boat, the Palapa 1, with 438 (369 men, 26 women and 43 children) mainly Afghan unauthorised arrival
Unauthorised arrival
An unauthorised arrival is a person who has arrived in a country when they are not a citizen of that country and does not have a valid visa or does not satisfy other required conditions for entry to that country....
s became stranded in international waters about 140 km north of Christmas Island.
On 26 August, Rescue Coordination Centre (RCC) Australia, which had been aware of the vessel's distress, possibly through Coastwatch
Australian Coastwatch
Coastwatch was a Division of the Australian Customs Service, which is an agency of the Australian Federal Government, with its headquarters based in Canberra, Australia...
surveillance, requested all ships in the area to respond. Of the ships that acknowledged the request, the Tampa was closest to the site and began to proceed towards the distressed Palapa 1.
According to international law, survivors of a shipwreck are to be taken to the closest suitable port for medical treatment. Merak, the Indonesian port offered by Indonesia after lobbying by the Australian Government, was 12 hours away; Christmas Island was six or seven hours closer.
The Australian rescue authorities had been the first to become aware of the vessel's distress, and for some time attempted to have the Indonesian authorities attend to the rescue. RCC sent a fax to the Indonesian Search and Rescue Agency (BASARNAS) on the night of 25 August but received no response. On Sunday, 26 August, Australian EST, the Australian embassy sent the naval attaché David Ramsay to visit BASARNAS. By this time, Australian surveillance had observed that the ship's passengers had fashioned signs that read "SOS" and 'HELP" on the ship's deck and, in response, further attempts were made to contact BASARNAS, first by fax and then through the defence attaché in Jakarta. At this time, DIMA
Department of Immigration and Multicultural Affairs (Australia)
The Department of Immigration and Citizenship is an Australian Government department. It is responsible for immigration arrangements, border control, citizenship, ethnic affairs, multicultural affairs. For the 2008-09 financial year, DIAC had an annual operating budget of A$1.7...
called RCC 'asking if vessels that respond to Australian search and rescue broadcast can tow the stranded vessel to Indonesia'.
A call to shipping was broadcast at 12:48 Canberra time: "Subject: Distress Relay. A 35-metre Indonesian type vessel with 80 plus persons on board adrift in the vicinity of 09.32.5 south 104.44 east… vessel has SOS and HELP written on the roof. Vessels within 10 hours report best ETA and intentions to this station."
Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
of the MV Tampa responded to the mayday call: "We are on a voyage from Fremantle
Fremantle, Western Australia
Fremantle is a city in Western Australia, located at the mouth of the Swan River. Fremantle Harbour serves as the port of Perth, the state capital. Fremantle was the first area settled by the Swan River colonists in 1829...
to Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
via Sunda Strait
Sunda Strait
The Sunda Strait is the strait between the Indonesian islands of Java and Sumatra. It connects the Java Sea to the Indian Ocean...
… We have changed course and are headed for position of distress… Please advise further course of action. A Rinnan, Master." After an hour of setting course for the vessel, Rinnan received a direction from RCC apparently attempting to disown the rescue operation: "Please note that Indonesian search and rescue authorities have accepted co-ordination of this incident."
The Tampa reached the vessel, guided by Australian Coastwatch
Australian Coastwatch
Coastwatch was a Division of the Australian Customs Service, which is an agency of the Australian Federal Government, with its headquarters based in Canberra, Australia...
de Havilland Dash-8, at about 2 pm. The first child was lifted to safety at 2:30pm and the rescue operation continued all afternoon.
Rinnan re-counted in an interview with Norway Today:
During the rescue, Rinnan received a call from Jakarta advising him to disembark the passengers at the ferry port of Merak.
About half an hour after the Tampa had set sail toward Indonesia, a delegation of five asylum seekers visited the bridge to demand passage to Australian territory, specifically Christmas Island
Christmas Island
The Territory of Christmas Island is a territory of Australia in the Indian Ocean. It is located northwest of the Western Australian city of Perth, south of the Indonesian capital, Jakarta, and ENE of the Cocos Islands....
, or any western country. The group was quite aggressive and agitated and Rinnan agreed to alter course for Christmas Island
Christmas Island
The Territory of Christmas Island is a territory of Australia in the Indian Ocean. It is located northwest of the Western Australian city of Perth, south of the Indonesian capital, Jakarta, and ENE of the Cocos Islands....
.
When interviewed by UK newspaper The Observer
The Observer
The Observer is a British newspaper, published on Sundays. In the same place on the political spectrum as its daily sister paper The Guardian, which acquired it in 1993, it takes a liberal or social democratic line on most issues. It is the world's oldest Sunday newspaper.-Origins:The first issue,...
, Rinnan explained: "A delegation of five men came up to the bridge. They behaved aggressively and told us to go to Australia. They said they had nothing to lose."
Permission denied
The ship requested the Australian government's permission to unload the asylum seekers at Christmas Island, arguing that the ship could not sail to Indonesia, because it was unseaworthy — the ship was not designed for 438 people, only its 27 crew; and there were no lifeboats or other safety equipment available for the asylum seekers in the case of an emergency. The Australian government refused permission for the ship to enter Australia's territorial waters, and threatened to prosecute Captain Arne RinnanArne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
as a people smuggler if it did so.
The Australian government denied any obligation under international law. The Minister
Minister (government)
A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....
for Foreign Affairs
Foreign Affairs
Foreign Affairs is an American magazine and website on international relations and U.S. foreign policy published since 1922 by the Council on Foreign Relations six times annually...
, Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
explained to parliament that "It is important that people understand that Australia has no obligation under International law to accept the rescued persons in to Australian territory." Australian ambassador David Stuart
David Stuart (diplomat)
David Stuart is the current Deputy Chief of Mission at the Embassy of Australia in Washington, D.C.. Stuart was appointed to the position in July 2007...
said in the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
that "the rescue by the MV Tampa occurred outside the search and rescue region designated as being the responsibility of Australia." Although the Tampa had responded to a broadcast by an Australian rescue agency, on 30 August, Alexander Downer
Alexander Downer
Alexander John Gosse Downer is a former Australian Liberal Party politician who was Foreign Minister of Australia from March 1996 to December 2007, the longest-serving in Australian history...
made a statement in parliament emphasising that the survivors were picked up: "at the direction of the Indonesian search and rescue authorities."
Christmas Island, an Australian territory, lies within a zone designated as Indonesia's responsibility for rescue according to an agreement made in 1990 between Australia and Indonesia. The agreement recognises that Indonesia may be best placed to respond in that zone, but it does not oblige Indonesia to make rescues in the designated zone. Clive Davidson, chief executive officer of the Australian Maritime Safety Authority
Australian Maritime Safety Authority
Australian Maritime Safety Authority is responsible, on behalf of the Commonwealth Government of Australia, for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations...
told the Senate Select Committee on a Certain Maritime Incident
Children overboard affair
The Children Overboard affair was an Australian political controversy involving public allegations by Howard government ministers in October 2001, in the lead-up to a federal election, that sea-faring asylum seekers had thrown children overboard in a presumed ploy to secure rescue and passage to...
that "The responsibility of all search and rescue agencies around the world is to respond comprehensively and completely to every search and rescue event, wherever they may be."
Faced with Australia's threats of prosecution, Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
agreed to turn slowly back towards Indonesia in the hope that the asylum seekers would not notice. About half an hour into the turn, however, they did notice and again became agitated. Captain Rinnan, concerned that if the ship continued to sail to Indonesia the asylum seekers could jump overboard or riot and harm the crew, decided to head back towards Christmas Island.
As the ship approached the boundary of Australia's territorial waters (12 nautical miles (22.2 km) from the island), Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
pleaded for permission for the ship to dock at Christmas Island. He would have been well aware that there are no port or docking facilities for shipping at Christmas Island. He reported that several of the asylum seekers were unconscious, and others were suffering from dysentery
Dysentery
Dysentery is an inflammatory disorder of the intestine, especially of the colon, that results in severe diarrhea containing mucus and/or blood in the faeces with fever and abdominal pain. If left untreated, dysentery can be fatal.There are differences between dysentery and normal bloody diarrhoea...
, statements subsequently supported by the SASR physician, but later disputed by Australian authorities. According to later Australian government claims, the asylum seekers were in relatively good health. However, a few were quite ill by the time they arrived in New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, so this matter is still unclear.
The Australian government provided medical assistance and food, but still refused permission for the ship to enter Australian territorial waters. The Australian government sent military personnel to Christmas Island, ostensibly to be ready to provide this assistance to the ship.
On 29 August, Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
, having lost patience with the Australian authorities, and increasingly concerned for the safety of the asylum seekers and the ship's crew, declared a state of emergency and proceeded to enter Australian territorial waters without permission. The legality of this action has been the subject of debate, with the Australian government maintaining that it was illegal.
SASR deployed
The Australian government then responded by dispatching Australian troops (SASRAustralian Special Air Service Regiment
The Special Air Service Regiment, officially abbreviated SASR but commonly known as the SAS, is a special forces unit of the Australian Army...
) led by squadron commander Major Vance Khan, under Colonel Gus Gilmore
Gus Gilmore
Major General Peter Warwick Gilmore, soldier, DSC, AM was appointed Special Operations Commander Australia in January 2011.-Education:* Geelong College* Royal Military College Duntroon, 1979–1983...
, to board the ship and prevent it from approaching any closer to Christmas Island. The Australian government was seeking to stop any of the asylum seekers from applying for asylum, which they could legally do as soon as they stepped foot on Australian territory.
The SASR doctor later reported that the rescuees were generally dehydrated, malnourished and unhappy. Many were suffering from dehydration, exhaustion and minor ailments including sixty one cases of scabies
Scabies
Scabies , known colloquially as the seven-year itch, is a contagious skin infection that occurs among humans and other animals. It is caused by a tiny and usually not directly visible parasite, the mite Sarcoptes scabiei, which burrows under the host's skin, causing intense allergic itching...
, forty six of head lice, twenty four of gastroenteritis
Gastroenteritis
Gastroenteritis is marked by severe inflammation of the gastrointestinal tract involving both the stomach and small intestine resulting in acute diarrhea and vomiting. It can be transferred by contact with contaminated food and water...
. They also attended to four pregnant women.
There were some disputes between the SASR and the ship's medical officer Christian Maltau, a deck officer with limited medical experience, regarding the deployment of medical supplies from the Tampa, and the use of the limited supplies of water. In one incident, the ship's officer turned off the ship's water supply while rescuees were being washed after an outbreak of diarrhoea. Several Australian soldiers also contracted diarrhoea during the boarding episode.
Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
anchored approximately four nautical miles off Christmas Island. Shortly afterwards the Prime Minister of Australia, John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
, reported the boarding of the ship to the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
.
Escalation
The Australian troops instructed Captain Arne RinnanArne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
to move the ship back into international waters; he refused, claiming the ship was unsafe to sail until the asylum seekers had been offloaded. The ship-owners said they agreed with his decision, and the Norwegian government warned the Australian government not to seek to force the ship to return to international waters against the captain's will.
The Australian government tried to persuade Indonesia to accept the asylum seekers; Indonesia refused. Norway also refused to accept them because of the distance between the ship and Norway, and reported Australia to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, the United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
, and the International Maritime Organisation for alleged failure to obey its duties under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, though it did not ask for the assistance of these organisations.
Captain Arne Rinnan
Arne Rinnan
Arne Frode Rinnan was the captain of the MV Tampa, owned by Norwegian shipping line Wallenius Wilhelmsen which was involved in the so-called Tampa affair...
received the highest civil honour in Norway as a result of his handling of this difficult incident. Rinnan has been a sailor since 1958, and a captain for 23 years. He said of the incident: "I have seen most of what there is to see in this profession, but what I experienced on this trip is the worst. When we asked for food and medicine for the refugees, the Australians sent commando troops on board. This created a very high tension among the refugees. After an hour of checking the refugees, the troops agreed to give medical assistance to some of them… The soldiers obviously didn't like their mission."
Border Protection Bill 2001
Late on the night of 29 August, the Prime Minister introduced an emergency bill entitled the "Border Protection Bill 2001". This Bill would have provided the government with the power to remove any ship in the territorial waters of Australia (s 4), to use reasonable force to do so (s 5), to provide that any person who was on the ship may be forcibly returned to the ship (s 6), that no civil or criminal proceedings may be taken against the Australian government or any of its officers for removing the ship or returning people to it (s 7), that no court proceedings are available to prevent the ship from being removed and from people being returned to it (s 8), and that no asylum applications may be made by people on board the ship (s 9). The bill was intended to enter into force at 9h Australian Eastern Standard Time, 29 August 2001 (s 2); thus making the bill retroactiveEx post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
. It also attempted to ensure actions taken prior to legislation passage to remove ship and return people to it would have been treated as legal.
The Opposition Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
announced they would not support the bill; nor would the Greens
Australian Greens
The Australian Greens, commonly known as The Greens, is an Australian green political party.The party was formed in 1992; however, its origins can be traced to the early environmental movement in Australia and the formation of the United Tasmania Group , the first Green party in the world, which...
, Democrats
Australian Democrats
The Australian Democrats is an Australian political party espousing a socially liberal ideology. It was formed in 1977, by a merger of the Australia Party and the New LM, after principals of those minor parties secured the commitment of former Liberal minister Don Chipp, as a high profile leader...
or independent Senator Brian Harradine
Brian Harradine
Richard William Brian Harradine , Australian politician, was an independent member of the Australian Senate from 1975 to 2005, representing the state of Tasmania. He was the longest-serving independent federal politician in Australian history, and a Father of the Senate.He was born in Quorn, South...
. The bill quickly passed the lower House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
, but was rejected by the Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
later that same sitting day. The Government attacked the Opposition for refusing to pass the legislation, but indicated it would not reintroduce it at that stage.
The government subsequently acted to excise Christmas Island and a large number of other coastal islands from Australia's migration zone, effectively meaning that any asylum seekers who did not reach the Australian mainland would not be able to apply for refugee status. The Labor party supported the excision of some islands that it viewed as acting as a "magnet for people smugglers", but not others, such as Melville Island
Melville Island, Northern Territory
Melville Island or Yermalner Island lies in the eastern Timor Sea, off the coast of the Northern Territory of Australia. It is west of the Cobourg Peninsula in Arnhem Land and north of Darwin....
, which it viewed as being too close to the mainland to justify excision. The other parties opposed excision of any islands.
Political effects
The Tampa crisis had an enormous effect on Australia both at home and abroad. Internationally, Australia was criticised by many countries, particularly Norway, who accused it of evading its human rights responsibilities.Domestically, the government's line attracted strong support, especially in the aftermath of the 11 September 2001 attacks. The Australian government’s popularity rating rose throughout the crisis. In the federal election following the arrival of the Tampa, the Liberal Party campaigned vigorously on the issue, with John Howard's statement "we decide who comes into this country and the circumstances in which they come."
Meanwhile, the Australian electorate largely supported its Government, though there was a comparatively smaller element of dissidents. Television news polls in Australia showed up to 90 percent support for the Australian government’s actions. Many viewed the asylum seekers as "queue-jumpers", falsely claiming to be refugees in order to gain illegal entry
Illegal entry
Illegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.Migrants from nations that do not have automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like...
into the country. There were concerns of a security risk, involving a "floodgates" situation where people smugglers would deliberately target Australia as a perceived "soft target". Some public commentators, including then-Minister for Defence Peter Reith
Peter Reith
Peter Keaston Reith, , former Australian politician, was a Deputy Leader of the Liberal Party and then a senior Cabinet minister in the first two terms of the Howard Government.-Early life:...
, suggested that groups of asylum seekers arriving by boat could harbour terrorists.
The issue also divided the Labor Party internally, with the Left faction
Political faction
A political faction is a grouping of individuals, such as a political party, a trade union, or other group with a political purpose. A faction or political party may include fragmented sub-factions, “parties within a party," which may be referred to as power blocs, or voting blocs. The individuals...
of the party arguing strongly in favour of a "softer" approach, including the abolition of mandatory detention. The party leadership's compromise stance was pilloried by the Liberals as being wishy-washy and uncertain. Some critics accused the Howard government
Howard Government
The Howard Government refers to the federal Executive Government of Australia led by Prime Minister John Howard. It was made up of members of the Liberal–National Coalition, which won a majority of seats in the Australian House of Representatives at four successive elections. The Howard Government...
of employing wedge politics.
In July 2007, an unauthorised biography of John Howard claimed that he had received advice from the Attorney-General's Department that refusing the asylum seekers entry into Australia would breach international law, but that he did so to gain public support in the then upcoming election.
Fate of the refugees
The refugees from the Tampa were loaded onto a Royal Australian NavyRoyal Australian Navy
The Royal Australian Navy is the naval branch of the Australian Defence Force. Following the Federation of Australia in 1901, the ships and resources of the separate colonial navies were integrated into a national force: the Commonwealth Naval Forces...
vessel, , which transported them to the small island country of Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
, where most were held in two detention camps, State House and Topside
Nauru detention centre
The detention center on the South Pacific island nation of Nauru was based on a Statement of Principles, signed on 10 September 2001 by the President of Nauru, René Harris, and Australia's then Minister for Defence, Peter Reith. The statement opened the way to establish a detention center for up...
. They were eventually joined by hundreds of other asylum seekers, under Australia's "Pacific Solution
Pacific Solution
The Pacific Solution was the name given to the Australian government policy of transporting asylum seekers to detention camps on small island nations in the Pacific Ocean, rather than allowing them to land on the Australian mainland...
". Approximately 150 people were diverted to New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, where they were subsequently granted asylum and progress to citizenship. In 2004, following the war in Afghanistan
Afghanistan
Afghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
and invasion of Iraq
2003 invasion of Iraq
The 2003 invasion of Iraq , was the start of the conflict known as the Iraq War, or Operation Iraqi Freedom, in which a combined force of troops from the United States, the United Kingdom, Australia and Poland invaded Iraq and toppled the regime of Saddam Hussein in 21 days of major combat operations...
, the New Zealand government began to reunite their families.
When those refugees not claimed by New Zealand arrived on Nauru, many of them refused to leave the boat after several additional weeks on board waiting for temporary shelters to be constructed, recognising they were to be held in detention camps pending the adjudication of their cases. Those eventually found to be genuine refugees were granted three-year temporary protection visa
Temporary protection visa
A Temporary Protection Visa was an Australian visa document introduced by the Howard Government on 20 October 1999, which was issued to persons who had been recognised as refugees fleeing persecution. The scheme was controversial, with the government claiming it was a necessary response to the...
s, by which they could be returned to their places of origin in Afghanistan and Iraq
Iraq
Iraq ; officially the Republic of Iraq is a country in Western Asia spanning most of the northwestern end of the Zagros mountain range, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
at a time of the government's choosing.
On 23 May 2004, it was reported that most Afghan asylum seekers on Nauru recently granted refugee status were likely to be resettled in Australia. The Federal Government decided to grant refugee status to 92 Afghans detained on the Pacific island nation, while 11 applications were refused.
Holders of the Temporary Protection Visa are not allowed to return home (without losing their visa status) and do not have access to the same services as normally recognized refugees (for example, free English language
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
lessons and help with job search). Another small group was later accepted by New Zealand. As of August 2005, 32 people still remained in camps on Nauru from the Tampa and other ships.
Australia made direct cash payments to New Zealand for accepting those refugees it did accept.
Nansen refugee award
The crew of the Tampa received the Nansen Refugee AwardNansen Refugee Award
The Nansen Refugee Award formerly known as the Nansen Medal is given annually by the United Nations High Commissioner for Refugees to individuals or groups in recognition of outstanding service to the cause of refugees. It is one of the most prestigious awards in the United Nations system...
for 2002 from the United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees
The Office of the United Nations High Commissioner for Refugees , also known as The UN Refugee Agency is a United Nations agency mandated to protect and support refugees at the request of a government or the UN itself and assists in their voluntary repatriation, local integration or resettlement to...
(UNHCR) for their involvement in the events.
See also
- Children overboard affairChildren overboard affairThe Children Overboard affair was an Australian political controversy involving public allegations by Howard government ministers in October 2001, in the lead-up to a federal election, that sea-faring asylum seekers had thrown children overboard in a presumed ploy to secure rescue and passage to...
- Mandatory detention in AustraliaMandatory detention in AustraliaMandatory detention in Australia concerns the Australian federal government's policy and system of mandatory immigration detention active from 1992 to date, pursuant to which all persons entering the country without a valid visa are compulsorily detained and sometimes subject to deportation.In the...
- Ruddock v VadarlisRuddock v VadarlisRuddock v Vadarlis was an important Australian court case decided in the Federal Court of Australia on 18 September 2001. It concerned the actions of the Government of Australia in preventing asylum seekers aboard the Norwegian cargo vessel MV Tampa from entering Australia in late August 2001...
Further reading
- Decision of Justice North, Federal Court of Australia 11 September 2001
- Decision of Full Court overturning decision of Justice North, 18 September 2001
- David MarrDavid Marr (journalist)David Ewan Marr is an Australian journalist, author, and progressive political and social commentator. His areas of expertise include the law, Australian politics, censorship, the media and the arts...
& Marian WilkinsonMarian WilkinsonMarian Wilkinson is an Australian journalist and author. She was born in 1954 and grew up in Brisbane, Queensland where she attended the University of Queensland. She is the environment editor for The Sydney Morning Herald...
Dark VictoryDark VictoryDark Victory is a 1939 American drama film directed by Edmund Goulding and starring Bette Davis, George Brent, Humphrey Bogart, and Ronald Reagan...
. ISBN 1-74114-447-7 - Ian McPhedran "The Amazing SAS". ISBN 0-7322-7981-X
- News.com.au: Reflections by Julian Burnside on Tampa with public comments published to coincide with 5 year anniversary of the event
- Daniel RossDaniel Ross (Australian philosopher and filmmaker)Daniel Ross is an Australian philosopher and filmmaker, best known as the author of and the co-director of the film The Ister...
, Violent Democracy, ch. 5.
External links
- NauruWire, an Australia based site Update on status of detainees. Accessed 25 June 2005.
- MV Tampa Details of the MV Tampa from Wilhelmsen Lines Shipowning, Norway, the vessels owner.