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You can find the current article at its original source at http://www.theguardian.com/commentisfree/2014/apr/11/cowboys-on-the-timor-sea-one-rule-for-our-navy-another-for-indonesian-fishermen
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| Version 0 | Version 1 |
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| One rule for our navy, another for Indonesian fishermen | |
| (35 minutes later) | |
| Last year, during a visit to | Last year, during a visit to |
| Kupang, in West Timor, I met a fisherman with a 12 year old daughter and a | Kupang, in West Timor, I met a fisherman with a 12 year old daughter and a |
| seven year old son. His two boats were burned by the Australian government as | seven year old son. His two boats were burned by the Australian government as |
| they were said at the time to have breached Australian waters. He was | they were said at the time to have breached Australian waters. He was |
| unsuccessfully trying to gain work as crew on another boat. His children no | unsuccessfully trying to gain work as crew on another boat. His children no |
| longer attended school, as the family simply could not afford it. His daughter, | longer attended school, as the family simply could not afford it. His daughter, |
| once the top of her class, struggled to teach herself and her younger brother | once the top of her class, struggled to teach herself and her younger brother |
| at home. | at home. |
| The treatment inflicted on this Indonesian family highlights the | The treatment inflicted on this Indonesian family highlights the |
| hypocrisy currently on display by the Australian navy, which was recently made | |
| evident by the Senate inquiry report into breaches of Indonesian waters in the Timor Sea. It appears that there's one rule for our navy, and quite | |
| another for impoverished fishermen. | another for impoverished fishermen. |
| In February, the defence and customs review reported on the six recent incursions undertaken by the Australian | In February, the defence and customs review reported on the six recent incursions undertaken by the Australian |
| navy in Indonesian waters, asserting that "on each occasion the incursion | |
| was inadvertent … each arose from incorrect calculation of the boundaries of | was inadvertent … each arose from incorrect calculation of the boundaries of |
| Indonesian waters rather than as a deliberate action or navigational | Indonesian waters rather than as a deliberate action or navigational |
| error." Four of these incursions were committed by the Royal Australian | error." Four of these incursions were committed by the Royal Australian |
| navy, and two by Customs and Border Protection. The joint review found that a | |
| lack of training in the UN Convention on the Law of the Sea (UNCLOS) may have contributed to the breaches. | lack of training in the UN Convention on the Law of the Sea (UNCLOS) may have contributed to the breaches. |
| While the navy’s actions | While the navy’s actions |
| received no punishment, this strongly | received no punishment, this strongly |
| contrasts with the Australian | contrasts with the Australian |
| government’s aggressive crackdown on the boats of our Indonesian neighbours and | government’s aggressive crackdown on the boats of our Indonesian neighbours and |
| its ongoing effects on their families, who suffer punitive circumstances. | its ongoing effects on their families, who suffer punitive circumstances. |
| Of course, few Indonesian | Of course, few Indonesian |
| fishermen receive training on the UNCLOS, with many not being able to attend | fishermen receive training on the UNCLOS, with many not being able to attend |
| schooling past a primary school level. Yet since 1988, an unknown number of | schooling past a primary school level. Yet since 1988, an unknown number of |
| boats who venture near or into the Australian Exclusive Economic Zone have been | boats who venture near or into the Australian Exclusive Economic Zone have been |
| apprehended and burned. Fishermen are thrown into immigration detention, | apprehended and burned. Fishermen are thrown into immigration detention, |
| sometimes suffering lengthy delays until trial, where they are then represented | sometimes suffering lengthy delays until trial, where they are then represented |
| by Legal Aid against the Commonwealth Department of Public Prosecutions, or | by Legal Aid against the Commonwealth Department of Public Prosecutions, or |
| released without charge. | released without charge. |
| After legal proceedings, even when the fishermen were found to | After legal proceedings, even when the fishermen were found to |
| be innocent under Australian law, fishermen have said that people are sometimes | be innocent under Australian law, fishermen have said that people are sometimes |
| deported back to Denpasar in Bali, where they are left to scrounge their way | deported back to Denpasar in Bali, where they are left to scrounge their way |
| back to their home villages, sometimes more than 1,000 kilometres away on far | back to their home villages, sometimes more than 1,000 kilometres away on far |
| flung islands. | flung islands. |
| Boats are occasionally owned outright, but more often are subject to loans, or | Boats are occasionally owned outright, but more often are subject to loans, or |
| are the direct asset of another person in the village. The boats’ destruction | are the direct asset of another person in the village. The boats’ destruction |
| becomes an economic millstone hung about individuals’ necks; a debt that they | becomes an economic millstone hung about individuals’ necks; a debt that they |
| cannot repay. | cannot repay. |
| Others have paid the ultimate price. In 2003, 21 year old fisherman Mansur La Ibu died in detention, onboard his own boat strung up to wharves in Darwin harbour. | Others have paid the ultimate price. In 2003, 21 year old fisherman Mansur La Ibu died in detention, onboard his own boat strung up to wharves in Darwin harbour. |
| He had been held without trial for one month. Two years later, 37 year old | He had been held without trial for one month. Two years later, 37 year old |
| Mohammed Heri suffered a similar fate. | Mohammed Heri suffered a similar fate. |
| Until 2005, detained fishermen were treated by the Australian government | Until 2005, detained fishermen were treated by the Australian government |
| as being too primitive to require detention on land, with access to bathrooms, | as being too primitive to require detention on land, with access to bathrooms, |
| steady ground, shelter and away from lingering tropical mosquitoes. Instead, | steady ground, shelter and away from lingering tropical mosquitoes. Instead, |
| politicians commented that they would "be more comfortable" on board their boats. | politicians commented that they would "be more comfortable" on board their boats. |
| While one skipper sat in Australian detention, unscrupulous | While one skipper sat in Australian detention, unscrupulous |
| Indonesian debt collectors visited and burned his home, seriously injuring his | Indonesian debt collectors visited and burned his home, seriously injuring his |
| wife and infant child. That fisherman was sent home on | wife and infant child. That fisherman was sent home on |
| "compassionate" grounds without charge. We can only imagine the | "compassionate" grounds without charge. We can only imagine the |
| repercussions and personal hardship that flow from the detention of hardworking | repercussions and personal hardship that flow from the detention of hardworking |
| fishermen in Australia, while their families struggle in ever-present poverty without | fishermen in Australia, while their families struggle in ever-present poverty without |
| their breadwinners. | their breadwinners. |
| In 2008, a man from West Timor was acquitted of all unlawful fishing charges by the high court of | In 2008, a man from West Timor was acquitted of all unlawful fishing charges by the high court of |
| Australia as his boat had been apprehended outside the Australian Fishing Zone. | Australia as his boat had been apprehended outside the Australian Fishing Zone. |
| The decision came after almost two years of imprisonment. In his absence, his | The decision came after almost two years of imprisonment. In his absence, his |
| family would have struggled to make ends meet in one of the poorest provinces | family would have struggled to make ends meet in one of the poorest provinces |
| in Indonesia. In the same year as his acquittal, 1,217 fishermen were | in Indonesia. In the same year as his acquittal, 1,217 fishermen were |
| apprehended and detained. | apprehended and detained. |
| One of these fishermen, Sahring from West Timor, had his boat | One of these fishermen, Sahring from West Timor, had his boat |
| burned by the Australian navy in 2008, albeit in Indonesian waters. In March 2014, a landmark case handed down by the federal court of Australia in Darwin acknowledged | burned by the Australian navy in 2008, albeit in Indonesian waters. In March 2014, a landmark case handed down by the federal court of Australia in Darwin acknowledged |
| that he was entitled to $44,000 in compensation. | that he was entitled to $44,000 in compensation. |
| It must be asked: how many of | It must be asked: how many of |
| the other 1,216 fishermen also had their property destroyed in their own | the other 1,216 fishermen also had their property destroyed in their own |
| waters? | waters? |
| Since 2005, approximately 5,394 | Since 2005, approximately 5,394 |
| fishermen have been apprehended by Australian officials on the ocean, and | fishermen have been apprehended by Australian officials on the ocean, and |
| hundreds of boats destroyed. Such antiquated policy in the treatment of our | hundreds of boats destroyed. Such antiquated policy in the treatment of our |
| neighbours stands in disproportionate contrast to the "unintended" | neighbours stands in disproportionate contrast to the "unintended" |
| incursions of naval ships, armed to the teeth with every piece of radar and | incursions of naval ships, armed to the teeth with every piece of radar and |
| satellite equipment under the sun, who have suffered no cost or damage as a | satellite equipment under the sun, who have suffered no cost or damage as a |
| result of their action. | result of their action. |
| Ironically, these naval boats | Ironically, these naval boats |
| have also often destroyed the very fishing boats that have inadvertently | have also often destroyed the very fishing boats that have inadvertently |
| crossed into Australian waters. Warships suffer no penalty and the boats | crossed into Australian waters. Warships suffer no penalty and the boats |
| supporting thousands of families living in poverty become ash on the water. | supporting thousands of families living in poverty become ash on the water. |
| Imagine the outrage in Australia if Indonesian warships were to apprehend | Imagine the outrage in Australia if Indonesian warships were to apprehend |
| Australian boats, even with a legal basis. | Australian boats, even with a legal basis. |
| We should all be concerned, as if Australian officials are not | We should all be concerned, as if Australian officials are not |
| aware of their basic obligations under international law, what stops them from | aware of their basic obligations under international law, what stops them from |
| being cowboys on the sea? | being cowboys on the sea? |