The Sinking of the SIEV X: A Case Study for Secondary Schools

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THE SINKING OF THE

SIEV X

A Case Study for Secondary Schools


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Map of the Region

2nd Edition

Copyright SIEV X Secondary Schools Case Study Committee 2006

No part of this document may be printed or reproduced without the express permissionof the author.

ISBN: 0 85854 037 1

Compiled by Don Maclurcan

Cover Image by Gaby Grammeno

www.sievxreader.com


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Contents

Contents ......................................................................................................................... 2Foreword ........................................................................................................................ 3Acronyms ....................................................................................................................... 4Glossary of Key Terms.................................................................................................. 5Introduction .................................................................................................................... 7Issue 1: Why were the passengers trying to reach Australia? .................................. 8Issue 2: Who arranged the trip and were passengers forced onboard? ................ 10

Issue 3: In what state was the vessel and how did it sink? ..................................... 12Issue 4: What events immediately followed the sinking? ........................................ 14Issue 5: Where did the SIEV X sink? .......................................................................... 16Issue 6: Intelligence and response - What was known, when was it known and how

was the information used? ......................................................................................... 19Issue 7: What was the disruption program and was it linked to the SIEV X? ........ 23Issue 8: In what context did the events occur? ........................................................ 26Issue 9: Where might responsibility lie for the sinking? .......................................... 30Final Essay Question .................................................................................................. 33Additional Sources ...................................................................................................... 33References ................................................................................................................... 34


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Foreword

As a young Modern History student, the 1963 assassination of American President JohnFitzgerald Kennedy (JFK) proved a most fascinating Case Study. In class we wereprovided with a booklet which included a range of sources, grouped by issue, throughwhich we had to work, building our knowledge and skills, in order to answer a final essayquestion: Who shot JFK? Beyond its natural intrigue, the study helped me developanalytical skills that I have found useful ever since.

In 2005, I started reading more about the sinking of the SIEV X and felt that it offered just as much, in terms of intrigue, wide-ranging sources and the ability for students todevelop the skills required in any advanced study of history. Perhaps, more importantly,I felt it also offered study of a contemporary event, relevant to young Australians.

This Case Study allows students to examine for themselves the circumstancessurrounding an event and answer key questions relating to the issues raised. In workingwith others to develop this Case Study, I have made every effort to set aside my ownconclusions in order to assemble a balanced set of reading materials that presents themany viewpoints offered.

Given the complexity of the context in which this Case Study falls, I urge students tospend time reading the glossary in order to familiarise themselves with the relevant

terms and explanations. The CD, provided in the back cover, includes a list of all thekey people and their roles at the time. The CD also holds all the audio-visual resourcesreferred to throughout the Case Study. Many of the sources are copies of interviews orofficial documents and are cited verbatim. All information in parentheses is the insertionof the original author.

I am indebted to the members of the SIEV X Secondary Schools Case StudyCommittee whose tireless efforts helped bring this to fruition. Special thanks to CarolineLinschoten, Head of History at St Aloysius College Sydney, for her guidance and toMarg Hutton, owner ofwww.sievx.com, for her assistance with so many of the sources

used in this Case Study.

I hope this Case Study provides a relevant, interesting and enjoyable exploration.

Don Maclurcan

October, 2006


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Acronyms

ADF Australian Defence ForceAFP Australian Federal Police

AMSA Australian Maritime Safety Authority

ASIO Australian Secret Intelligence Organisation

ASIS Australian Secret Intelligence Service

ASTJIC Australian Theatre Joint Intelligence Centre

AusSAR Australian Search and Rescue

BASARNSAS Indonesian National Search and Rescue Authority

CMI A Certain Maritime Incident

DFAT Department of Foreign Affairs and TradeDIMA/DIMIA Department of Immigration and Multicultural (and Indigenous) Affairs

HMAS Her Majestys Australian Ship

HQNORCOM Headquarters Northern Command

INP Indonesian National Police

Intsum Intelligence Summaries

IOM International Organisation for Migration

JSCM Joint Standing Committee on Migration

JTF Joint Task Force

MPG Maritime Patrol Group

NORCOM Northern Command

Opsum Operational Summaries

RAN Royal Australian Navy

PII Potential Illegal Immigrant

PM&C Department of Prime Minister and Cabinet

PSTF People Smuggling Task Force

PUA Potential Unauthorised Arrival

SAR Search and Rescue

SIEV Suspected Illegal Entry Vessel

SOLAS Safety of Life at Sea

SUNC Suspected Unlawful Non-Citizens

TPV Temporary Protection Visa

UA Unauthorised Arrival

UN United Nations

UNHCR United Nations High Commission for Refugees


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Glossary of Key Terms1

ConventionRelating to theStatus ofRefugees(1951)

An international agreement, created in 1951, to ensure the preventionof events such as the death of many Jews during the Second WorldWar who were rejected as unlawful at the Swiss border and sent backto Germany. It has been signed and ratified by Australia but not byIndonesia.

Asylum A shelter from danger of persecution.

Asylumseeker

A person seeking recognition and protection as a refugee under theRefugee Convention 1951.

Boat people A term commonly used to describe unauthorised arrivals who come toAustralia by boat.

ChristmasIsland

A small, non self-governing territory of Australia. Christmas Island is inthe Indian Ocean, 360km south of Indonesia and 2600km northwest ofPerth.

Coastwatch A civil agency that coordinates surveillance of the seas aroundAustralia.

Internationalwaters

Bodies of water (such as seas and oceans) which are outside anynations territorial boundaries.

OperationRelex

An Australian Defence Force operation that commenced in September2001, to prevent, in the first instance, the incursion of unauthorised

vessels into Australian waters. Its aim: to deterred people smugglersand asylum seekers from attempting to use Australia as a destination.Twenty five Navy ships were involved, as well as Customs andCoastwatch craft, Navy helicopters and two RAAF P-3 Orion aircraftflying out of bases in Darwin and Learmonth in Western Australia.

P3 Orion A type of aircraft, used by the Royal Australian Air Force MaritimePatrol Group. One of its roles is Maritime Surveillance.

Pacificsolution

A framework, introduced in September 2001, for whole-of-governmentcoordination in response to unauthorised boat arrivals, and operationalstrategies of disruption, interception and deterrence. A maincomponent of the Pacific Solution involved agreements betweenAustralia and Nauru and Papua New Guinea to house unauthorisedboat arrivals in centres on Nauru and Manus Island while theirapplications for refugee status were assessed.

Peoplesmuggling

The act of facilitating the unauthorised transport and entry of people toa country in exchange for money or some other benefit.

1Sourced from a variety of web-based documents.


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PeopleSmugglingStrike Team

A joint Australian Federal Police and Department of Immigration andMulticultural Affairs investigative unit, based in Canberra, targeting theinvolvement of organised crime syndicates in people smuggling.

Queuejumpers

A colloquial term used to describe unauthorised boat arrivals. Thisterm reflects a perception that boat people are short-cutting theproper procedure for entering another country by coming straight toAustralia, instead of applying for refugee status in their country oforigin or the first country they entered.

Refugee A term defined in the Refugee Convention 1951 as someone who is

outside their home country and who is unable or unwilling to returnbecause of a well-founded fear of persecution for reasons of race,religion, nationality, membership of a particular social group or politicalopinion.

Senate SelectCommittee

A committee of Senators appointed by the Senate to inquire into somespecific matter and to report back to the Senate within a set time.

SIEV X A term given, by Mr Tony Kevin, to the boat which sank on 19 October2001 in waters south of the Sunda Strait. The X stands for unknown(it does not mean the number 10).

TPV A type of visa introduced by the Australian Government in 1999 and

granted to people who are recognised as refugees but who havetravelled to Australia without valid documentation. The visa is grantedfor a period of 36 months. A refugee with a TPV who leaves Australiahas no automatic right of re-entry. TPV status also denies the holderaccess to family reunion.

Unauthorisedarrivals

A legal term used to classify people arriving by air or on Australianshores who are not citizens and do not have visas, permission orproper documents with which to enter the country.


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Introduction

In the early morning of October 18, 2001, over 400 asylum seekers boarded anIndonesian fishing vessel that has become known as the Suspected Illegal Entry VesselX (SIEV X), at a point near Bandar Lampung, Indonesia. The trip had been organisedby a number of people-smugglers and was set to take the passengers to AustraliasChristmas Island.

A few hours later, over twenty people departed the vessel at an island in the SundaStrait before the vessel continued its journey. The following day, at around 3 oclock inthe afternoon, the boat sank. Less than 50 were alive when Indonesian fishing vesselsrescued survivors 20 hours later, bringing the total deaths to over 350.

In the years following the sinking, a number of issues have been raised relating to thesinking itself and the information and response from various agencies and organisations.Over the next six, or so, weeks you will analyse sources relating to these issues throughthe following set of questions:

Why were the passengers trying to reach Australia?

Who arranged the trip and were passengers forced onboard?

In what state was the vessel and how did it sink?

What events immediately followed the sinking?

Where did the SIEV X sink?

Intelligence and response: what was known, when was it known and how was the

information used? What was the disruption program and was it linked to the SIEV X?

In what context did the events occur?

Where might responsibility lie for the sinking?

During your investigation you will be presented with a great deal of evidence, some of itvery conflicting. You will be asked to evaluate this evidence and make decisions on thebasis of your judgment of its validity. The answers and observations which you presentmust be supported by the evidence which you consider is reliable. If you are uncertainand unable to reach a definite conclusion at any point, you must disclose this andexplain your reasons. The reliability of evidence is judged by the examination of thenature, origin and motive of the source.

This Case Study is divided into sections based on the questions noted above. Eachsection includes a series of questions, to be answered by you, which will ultimately leadyou to some conclusions about the issues raised. Progression through these questionswill help you develop the skills and knowledge required to answer the essay question:was the sinking of the SIEV X and subsequent loss of life preventable?


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Issue 1: Why were the passengers trying to reach Australia?

Source 1 Extract from the United Nations Universal Declarationof Human Rights, December 10, 1948, adopted and proclaimed byGeneral Assembly resolution 217 A (III)

1:

Article 14

(1)Everyone has the right to seek and to enjoy in other countries

asylum from persecution.

Source 2 Part 1 of a documentary for educational use, Punished not Protected, 2004,directed by filmmaker Ms Judy Rymer, produced by Rymer, Bayly Watson for the ShowMercy organisation2:

This source (12 minutes) will be viewed by you and is available on the attached CD.

Source 3 Extracts from an article in the Jesuit Magazine, Eureka Street, April 2003, byauthor Mr Arnold Zable

3. Here Mr Zable is reporting the words and story of a survivor,

Ms Amal Basry:

I want people to know why I stayed on the boat even when I saw it was verydangerous, she says. I want people to know who I am. Why I escaped from Iraq. Why Irisked my life. Why I wanted to come to Australia. Maybe then they will understand.

In 1990, Saddam Hussein invaded Kuwait, and in 1991, at the height of the Gulf War,Amals 20-year-old brother, a civilian worker, was killed by an American bomb in thesouthern city of Basra... Months later, in the wake of Iraqs defeat, a second brother, 29years old, was executed because he had refused to take part in the fighting In thesame year, a brother-in-law was killed in Southern Iraq for taking part in a Shiite revoltagainst Saddams regime. Amals entire family was now under surveillance. Herhusband, and two of his brothers, were jailed and tortured in 1995. In 1997, the policecame for them again. The family was threatened and harassed. One brother-in-law wasarrested and has not been heard of since. It was time to escape

Questions

1. In your own words, what is Article 14 of the United Nations Universal Declarationof Human Rights saying?

2. Using Source 2 (the documentary Punished Not Protected): In the first archivedfootage, how many people does the Minister for Immigration suggest could bepacking up now, in the Middle East, with a view to trying to access Australia?

3. What does the author of Source 3 say was the reason for Amals brother-in-law

being killed in Southern Iraq?


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Source 4 Extracts from an article in the El Telegraph newspaper,an Arabic language publication from Sydney, November 2001,translated by President of the Australian-Jordanian Friendship

Association Mr Jasser Samardali and edited by refugee advocate,Ms Sue Hoffman

4. Author unknown. The person quoted is Mr Ghazi

Al-Ghazi who lost 14 members of his family in the sinking:

If they allowed us to bring our families this

would not have happened... I had no other choice

that was my last option after it became obvious

that I had lost hope of seeing my children

because of the cruel condition of TPV. There was

no other way but the sea to bring my wife and

four children

Source 5 Extract from a transcript of an address to a Press Conference in Melbourne,November 7, 2001, by the Australian Prime Minister, the Hon. John Howard

5. The

address is two days before the Federal election:

I mean you have to be able to say that there is a possibility that some people havinglinks with organisations that we don't want in this country might use the path of an

asylum seeker in order to get here

Source 6 Extract from a transcript of an address to the Fabian Society, a left-wing

think tank, July 23, 2003, by Senator John Faulkner, from the Australian Labor Party6

:

As ASIO Director Dennis Richardson indicated last year, none of the illegal immigrantsarriving in Australia by boat to date had received an adverse security assessment in

terms of posing a direct or indirect threat to Australia's security. Richardson debunkedthe idea at a conference in Hobart in May 2002 when he said: Why would people use

the asylum seeker stream when they know they will be subject to mandatory detention?

Questions

4. Using Source 4: what reason does Ghazi El-Ghazi provide for why he had lost hope

of seeing his children?

5. Using Sources 2 (the documentary Punished Not Protected) and 3: explain whatreasons are given, by some, for why people come to Australia by boat in anunauthorised manner.

6. Using Source 5: what concerns were raised by The Prime Minister and how do theyconflict with the statements made in Source 6?

7. How would Sources 2 (the documentary Punished Not Protected) and 5 be useful andreliable for historians studying the reasons for why people take the risk to come toAustralia by boat?


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Issue 2: Who arranged the trip and were passengers forcedonboard?

Source 7 Extracts from the transcript of a program aired on SBS RadiosArabicLanguage Program, August 28, 2002, researched, presented, translated and transcribedby journalist Mr Ghassan Nakhoul7. The interviewees, Mr Issam Ismail and Mr RamiAkram were passengers on the SIEV X. The interviews were conducted throughout theeight months following the sinking:

Issam Ismail:Even the hotels in which we were kept were involved. The smuggler would say that he

had information on what time to move us in or out, or to send us to one place or another.It was to that degree.

Rami Akram:The hotel owner was a General. A high-ranking officer All the people on the boat hadbeen dealing with Maysam and Khaled. They were the ones who introduced us to AbuQuossey. They were the ones who had been promoting his trade. They were in charge

of all his business. He (Abu Quossey) had only to take out the boat.

Issam Ismail:The Indonesian police were there. They were carrying automatic guns. They were so

comfortable. They were the ones who gave the signals with their torches. Turning on thetorch was a signal to send out people. Turning off the torch meant stop.

Source 8 Extract from an article for Reuters, an internationalnews service, October 25, 2001, by journalist Ms Joanne Collins

8:

Indonesias police chief on Thursday denied a

media report that policemen pointed their guns at

asylum-seekers who wanted to get off an

overcrowded boat bound for Australia that sank

last week killing 350 people The UN refugee

agency and the International Organisation for

Migration (IOM) both cautioned that the

accusations had not been proven, adding they had

come from badly traumatized people There was

nothing like that, police chief General

Bimantoro told reporters, adding police were not

really convinced about the testimonies from

survivors of last Fridays tragedy.


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Questions

1. Using Sources 7 and 8: list the

a. Author;

b. Audience;

c. Date of the interview/comment(s) made; and

d. Possible motives of those quoted

2. According to Source 7, who was involved in arranging the trip?

3. In what ways do Sources 7 and 8 contradict each other? What reasons are givenin Source 8 as possible explanations for these contradictions?

4. Discuss the usefulness of Sources 7 and 8 in understanding who was involved in

arranging the trip and the nature of peoples boarding. In your answer refer toreliability and perspective of the author.


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Questions

1. Using Source 9: what do the authors list as problems with departing boats?

2. Referring to evidence in Source 11, what might you conclude are the differentreasons provided by Issam and Sadek about how the boat sank?

3. Source 10 refers to an interview one week after the event. Source 11 refers to aseries of interviews in the 8 months following the event. How might the timedifference affect the usefulness and reliability of each Source?


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Issue 4: What events immediately followed the sinking?

Source 12 Extract from a cable sent to the Department of Foreign Affairs and Trade,Canberra, from the Australian Embassy in Jakarta, Indonesia, October 23, 2001

12. The

document was released to the Senate February 4, 2003:

Questions

1. Who was the author of Source 12 and to whom was it addressed?

2. Why might some of the information in Source 12 be blacked out/censored? Whatmight you understand by the term declassified?


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Source 13 Extracts from a transcript of a videotaped interview, 26 October, 2001,filmed by the Australian Ahl-Al-Bait Islamic Centre, translated by community leader MrKeysar Trad13. This interview was conducted in Bogor, Indonesia. The person speaking

in this extract is Mr Ahmed Hussein. He is in tears as he speaks:

wherever you look you see the dead children like birds floating on the water, thosewho survived 22 hours in the water saw the dead bodies of women and children with

cuts from nails on the boat and with scars from where the fish were biting at them in thewater and saw blood

The people on the top deck of the boat, as it was rocking before capsizing saw 2 largeships, they thought that they would be rescued, none of them came to the rescue, whennight came, the two ships turned flood lights and projectors on the people, one felt as ifthe light was so close that it was next to him (when the night came), we were very close

to Australian waters.

Source 14 Extract from the transcript of a program aired on SBS RadiosArabicLanguage Program, August 28, 2002, researched, presented, translated and transcribedby journalist Mr Ghassan Nakhoul

14. The interviewee, Ms Amal Basri, was a passenger

on the SIEV X. The interview was one of a number conducted throughout the eightmonths following the sinking:

We had whistles in the life jackets that we had been wearing. People started whistling ina way that the boats heard us. And the proof was that one of them started moving. I

thought that they were coming our way as the lights were directed at us. It was exactlylike you would do while holding a floodlight in the dark to see in front of you Imaginethat I could hear their voices. I heard people speaking. It was a foreign language that I

couldnt distinguish. I heard voices, just voices.

Source 15 Extract from the transcript of an address to the ACT White Pages BusinessSeries, September 5, 2002, by the Secretary, Department of Defence, Dr Allan Hawke15:

You may recall some survivors reporting the presence of two ships with searchlights,which they believed to be naval vessels. Let me say quite categorically that no

Australian Navy ships were anywhere near the vicinity of where Dateline reports the

survivors were recovered. The nearest of our ships was HMAS ARUNTA which washere near Christmas Island at the time.

Questions

3. In what ways do Sources 13 and 14 support each other in their accounts of whatoccurred once the boat sank?

4. Does the emotive nature of Source 13 influence the usefulness and reliability ofthis Source?

5. How might an historian further investigate the reliability of evidence presented in

Sources 13, 14 and 15?


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Issue 5: Where did the SIEV X sink?

Source 16 Extract from a cable sent to the Department of Foreign Affairs and Trade,Canberra, from the Australian Embassy in Jakarta, Indonesia, October 23, 200116. Thedocument was released to the Senate February 4, 2003:

Source 17 -Extract from a transcript of an address to a Press Conference in Perth,October 23, 2001, by the Australian Prime Minister, the Hon. John Howard17:

And this morning may I say we've had the absolutely contemptible contribution of theLeader of the Opposition in the wake of that appalling human tragedy where something

like 350 lives appear to have been lost when a vessel sank in Indonesian waters,probably containing people wanting to come to Australia.

Questions

1. According to Source 16, how many people initially survived the sinking?

2. Are sources 16 and 17 necessarily in conflict in terms of where they claim theSIEV X sank?


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Source 18 Map and extract from the bookA Certain Maritime Incident - the sinking ofSIEV X, 2004, by former Australian Diplomat, Mr Tony Kevin 18. The map was developedby Mr Kevin, in consultation with Professor of Oceanography, Professor Matthias

Tomczak, from Flinders University, Adelaide:

The drift box was still close to all the points discussed above Greenlees at point G,the DIMA intelligence note at DI, Indonesian Business at EC, and the Jakarta harbourmasters rescue coordinates at JH. All these points were inside international waters andinside the Relex surveillance zone.

Source 19 Extract from a transcript of a farewell speech at the Australian DefenceForce Change of Command Ceremony on July 3, 2002, by Chief of the AustralianDefence Force, Admiral Chris Barrie19:

Some commentators had concluded that the position of the sinking of SIEVX is known.The fact is the position where the vessel foundered is unknown and all attempts to

estimate the location are speculative at best.


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Source 20 Edited extract from an audio recording of the Telstra Address at theNational Press Club, June 19, 2002, by the Secretary, Department of Defence, Dr AllanHawke, edited by archivist, Ms Marg Hutton20:

This source (4 minutes) will be listened to by you and is available on the attached CD.

Questions

1. According to Source 18, in what area did the SIEV X sink?

2. Using Source 20 (audio recording): what does Dr Hawke claim with respect toknowledge about where the SIEV X sank? Does this support any other sources inthis section?

3. Which of Sources 18, 19 and 20 do you find the most reliable? Outline yourreasons in your answer.


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Issue 6: Intelligence and response - What was known, whenwas it known and how was the information used?

In March, 2002, based on a proposal by the Australian Labor Party with the agreementof the minor parties in the Senate, the Senate established a Select Committee on aCertain Maritime Committee (CMI Committee). The CMI Committee included Labor,Liberal, Democrat and Independent Senators. The committee was convened toinvestigate a range of issues including the sinking of the SIEV X and exhaustively cross-examined many witnesses. You will now view a few sources from the lengthy reportproduced. Official report references have been substituted with endnotes.

Source 21 Extract from the CMI Committee reportA Certain Maritime Incident, 23

October 200221

. This section concerns activities on October 17, 2001:

8.40 At about 10.00pm (Kilo Time or AEST) Coastwatch received information thatSIEV X had left central Java on 16 October bound for Christmas Island. Itassessed that the vessel was expected to arrive early on 18 October22

The CMI findings state that on October 20, Coastwatch received a phone call from theAFP to advise that a source had provided fresh information.

Source 22 Extracts from a letter to the CMI Committee,

clarification of evidence, May 22, 2002, from MaritimeCommander, RAN, Rear Admiral Geoffrey Smith.23 Theletter outlines the advice given to Coastwatch on October 20,2001:

the Abu Qussey vessel had allegedly departed Sumar ...on the West Coast of Java early AM hours 19 October

instead of Pelabuhan Ratu as previously reported on theprevious two days.

Questions

1. For both Sources 21 and 22, what is reported in terms of the SIEV Xs:

a. Departure point

b. Date of departure

2. What might these Sources suggest are some of the problems associated withintelligence reporting?


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Source 23 Extracts from the CMI Committee reportA Certain Maritime Incident, 23October 200224. The initial quote is from Maritime Commander, RAN, Rear AdmiralGeoffrey Smith and relates to occurrences on October 20, 2001:

The vessel was reported by the source allegedly as small and with 400 passengersonboard, with some passengers not embarking because the vessel was overcrowded.

25

8.65 In addition to the information that SIEV X was small, carrying 400 passengersand overcrowded, the AFP officer who provided the advice, Ms Kylie Pratt,

26

also made a risk assessment of the vessels capacity to ferry its passengerssafely

8.66 In the Committees view, the AFPs advice on 20 October is probably the singlemost crucial piece of intelligence in the traffic about SIEV X. It reached

Australian authorities at a time when it might still have been possible to havelaunched a search and rescue operation to locate the survivors of SIEV X.

The CMI findings state that the report was then sent from Coastwatch to ASTJIC andHQNORCOM and HQNORCOM issued its own intelligence summary. However, theAFP advice that the vessel might be at increased risk because of overcrowding wasomitted.

Source 24 Extract from the Senate Select Committee reportA Certain MaritimeIncident, 23 October 2002

27. This section relates to events occurring on October 20,

2001:

8.75 Subsequent evidence has revealed, however, that HQNORCOM neverreceived this particular piece of information. When asked about the AFPofficers concern about the increased risk to the vessels safety, BrigadierSilverstone (who doubled as CJTF 639 and Commander NORCOM) stated:

No such report was received by NORCOM from the AFP. On 20 October, Coastwatchadvised HQNORCOM of the AFP report describing numbers embarked, a place and

approximate time of departure and that some unauthorised arrivals had refused to boardthe SIEV due to overcrowding. The advice did not include a report of concern for

increased risk to the vessels safety. Due to previous conflicting reports, HQNORCOMassessed that the report, except for the departure date probably being correct, as havinglow credibility, with the requirement for confirmation of the remaining details [emphasis

added].28

Questions

1. Who does Source 23 claim provided advice to Coastwatch that the vessel wassmall and overcrowded?

2. In your own words, describe the observation made in 8.66 of Source 23. Whatmight it suggest about the attitude of the Committee in relation to the sinking?


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Source 25 Extract from the Senate Select Committee reportA Certain MaritimeIncident, 23 October 200229. This section relates to events occurring on October 20,2001:

8.77 The ASTJIC intelligence report also went to the 92 Wing Detachment atLearmonth in Western Australia, where the Maritime Patrol Group (MPG) P3Orions were based for Operation Relex. This was the first occasion when theMPG heard of a small and overcrowded vessel which is now known to beSIEV X.

30The ASTJIC report was received while the surveillance flight for 20

October was airborne.31

8.78 The new information about SIEV X, however, was not passed to the P3 on taskat the time. It was not until the midnight briefing of the aircrew for the followingdays surveillance flight that the detail about a small and overcrowded vessel

was provided to any of the MPG aircrews.32

Source 26 Extract from an article in The Weekend Australiannewspaper, June 20, 2002, by journalist Mr Cameron Stewart

33:

In dramatic evidence to be presented to a Senate

committee next week, the navy has revealed full

details of its surveillance of the waters off

Indonesia where SIEV X sank on October 19 last year.

The Government hopes the evidence will debunk claims

the navy turned a blind eye to the fate of theoverloaded SIEV X after it embarked for Christmas

Island.

It shows -- contrary to earlier Senate testimony --

that the navy sent P3 patrols across the stretch of

ocean known as Charlie Northwest, where SIEV X

probably sank.

These flights, on October 19 and 20, were routine

patrols and were not sent to the area specifically to

look for SIEV X. They show that on the morning of

October 19, the day SIEV X sank, a P3 flew in arcs asclose as 24 nautical miles to the coast of Java.

The flight detected 30 vessels in international waters

-- eight merchant ships and 22 fishing vessels -- but

not SIEV X.

The overloaded boat sank five hours later, raising the

tragic possibility it entered the Australian-monitored

zone after the P3 had left the area.


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Source 27 Map, published on the site: www.sievx.com, developed by researcher, MsMarg Hutton34:

Questions

1. How does Source 25 suggest MPG P3 Orion air crews did not know about theSIEV Xs state before they left the ground on October 20, 2001?

2. What do Sources 26 and 27 suggest about the flight paths in relation to where theSIEV X may have sunk and the rescue location of the survivors?

3. What questions might you ask if you wanted to assess the credibility of the peoplereferred to in Sources 22, 24 and 27?


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Issue 7: What was the disruption program and was it linkedto the SIEV X?

Source 28 - Extract from an article in The Weekend Australiannewspaper, December 14, 2002, by journalist Mr CameronStewart35:

In September 2000 the Government stepped up its

war against people-smugglers through a memorandum

of understanding between the AFP and the

Indonesian National Police. Under this agreement,

two Jakarta-based AFP officers, backed by

Australian immigration and intelligence

officials, were to work jointly with Indonesianauthorities to disrupt people-smuggling

throughout the archipelago.

Says Keelty: ``Often a disruption activity would

be to prevent the passengers from getting to the

point of embarkation or, if we knew who the

people-smuggler was, to have the Indonesian

police arrest the organiser.''

The AFP's national operations manager Ben

McDevitt says: ``In relation to people-smuggling,

our role is to target the organisers, theorganised criminal elements.''

Source 29 Television recording aired on Channel Nines Sundaybroadcast,September 29, 2002, reported by journalist Mr Ross Coulthart36:


Questions

1. In your own words, what is Source 28 saying about disruption activities?

2. Using Source 29 (the Channel 9 broadcast):

a. To what does the Australian Minister for Justice and Customs, SenatorChristopher Ellison attribute a reduction in the number of boats arrivingfrom Indonesia?

b. Would you consider this Source useful and reliable in terms of theinformation it provides? In your answer, discuss the possible motivations ofthe people who provide comments and information.


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Source 30 Extract from a dossier distributed at arally in Canberra, October 20, 2002, produced byactivist, Mr Phil Griffiths37:

Source 31 Extract from the Senate Hansard, September 25, 200238. Here SenatorJohn Faulkner, from the Australian Labor Party, is asking questions to the Government:

I ask these questions:

* Was Enniss involved in the sabotage of vessels? Were others involved in the sabotageof vessels?

* Do Australian ministers, officials or agencies have knowledge of such activities?

* And what about the vessel now known as SIEVX, part of the people-smugglingoperation of the notorious people smuggler Abu Quassey? That vessel set sail on 18October 2001 and sank on 19 October 2001, drowning 353 people, including 142women and 146 children. Were disruption activities directed against Abu Quassey? Didthese involve SIEVX?

Source 32 Extract from the transcript of a program aired on SBS RadiosArabicLanguage Program, August 28, 2002, researched, presented, translated and transcribed

by journalist Mr Ghassan Nakhoul39. The interviewee, Mr Ali Hamad, was a passengeron the SIEV X, and the interview was one of a number conducted throughout the eightmonths following the sinking:

Two Australians. They came to question us about the people smugglers. We gave themthe names of all the smugglers. It was an investigation. When we finished, they pulledout photographs and said which one was your boat? We pointed to our boat and said

this one. It was still anchored on the Indonesian shore. The photo was taken bysatellite. It was from above, by satellite. It looked somehow dark or so. I cannot describeit properly. Before it had sailed. It was still anchored on the Indonesian shore. They had

taken photos before we boarded and before we moved.


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Source 33 Transcript of an interview aired on ABC Radios The World Today,September 26, 2002, presented by journalist Ms Catherine McGrath40: The interviewee,

the Australian Minister for Foreign Affairs, the Hon. Alexander Downer, is commenting:

The Australian Government certainly did not sabotage any boats. Did anyone eversabotage a boat? No idea. But did the Australian Government ever sabotage a boat, orwas a boat sabotaged and sunk on the instructions of the Australian Government? If I

may say so, anybody would know that no Australian Government would do that.

Source 34 Cartoon in theAustralian Financial Reviewnewspaper,September 20, 2003, by cartoonist, Mr Ward ONeill41:

Questions

3. For what audience is Source 30 written?

4. How do Sources 30 and 33 contradict each other?

5. What does Source 32 suggest about Government knowledge and informationabout the SIEV X, prior to its departure?

6. What issue might Source 34 (the cartoon) be attempting to convey?

7. Do any of these sources offer reliable evidence that disruption activities werelinked to the SIEV X?


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Issue 8: In what context did the events occur?

Source 35 - Extracts from a briefing paper for Members of Parliament, June 16, 2003,by historian and writer Dr Barry York42:

Government concern about people smuggling intensified as a result of a significantincrease in unauthorised boat arrivals in 1999 and 2000. Between July 1999 and June2001, there were 8316 unauthorised boat arrivals compared with 4114 in the ten-yearperiod from 1989-1990 to 1998-99. The increase was accompanied by a change in theregional origin of the arrivals from mostly Asian to mostly Middle Eastern and anincrease in the percentage applying for protection

The Tampa, a Norwegian freighter, had rescued 430 passengers aboard the KM Palapa1, a fishing vessel that had broken down 80 nautical miles from Christmas Island:

The master of the Tampa, Captain Arne Rinnan, had intended to take the rescuees to aport in Indonesia but was requested by the passengers to proceed to Christmas Island.Before the Tampa reached Australia's territorial waters it was instructed to remain in thecontiguous zone. On 28 August the Tampa issued a distress signal based on the factthat assistance had not been provided within 48 hours. On 29 August it proceeded intothe territorial waters surrounding Christmas Island and was interdicted by [the SAS]. Thesame day the Government introduced border protection legislation into Parliament

43.

The Border Protection Bill 2001 sought to retrospectively validate the actions in relationto the Tampa and, effectively, to deny its passengers the right to claim asylum inAustralia. It was rejected by the Senate against the backdrop of legal action in theFederal Court and Full Federal Court challenging the lawfulness of the action in relationto the rescuees.

Under the Pacific Solution, asylum seekers were housed and processed at ManusIsland (Papua New Guinea) and Nauru, at Australian Government expense. Throughthese measures, the Government hoped to further deter unlawful arrivals and also toreduce the high levels of litigation in the Courts.

By the end of 2002, the Australian Government had weathered the storm of protest andcriticism and Minister Ruddock could accurately report, on 17 December, that there had

not been an unauthorised boat arrival for twelve months. At the time of writing, February2003, the Government's multifaceted strategy based on prevention of outflows fromcountries of origin and first asylum, cooperation with other countries to disrupt peoplesmugglers, mandatory detention and the introduction of temporary protection forgenuine cases who arrive without authorisation, and the Pacific Solution, appears tohave achieved its objectives.


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Source 36 Table from a publication foreducational use, Face the Facts, 2005,produced by the Human Rights and Equal

Opportunity Commission, originally appearingin a revised Fact Sheet

from DIMIA October 6,

2004, updated by DIMIA October 8, 2004, nowunavailable44:

Source 37 Extract from the Senate Select Committee reportA Certain Maritime

Incident, October 23, 200245

:

2.74 SIEVs 5, 7, 11 and 12 were escorted back to Indonesia. SIEVs 4, 6 and 10 sank atsome point during the interception or tow-back process. Their passengers wererescued, with the loss of two lives on SIEV 10, and transported in the first instanceto Christmas Island. The passengers from SIEV 4 were eventually taken to Manusfor processing, and the passengers from SIEVs 6 and 10 to Nauru. The remainingvessels were intercepted, their passengers held in custody and then transported forprocessing.

Source 38 Part 4 of a documentary for educational use, Punished not Protected,2004, directed by filmmaker Ms Judy Rymer, produced by Rymer, Bayly Watson for theShow Mercy organisation46:



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Source 39 Table from the public website: www.immi.gov.au, Fact Sheet 60.Australias Refugee and Humanitarian Program, 2006, produced by the Department ofImmigration and Multicultural Affairs47:

Source 40 Cartoon forThe Australian newspaper, November 6, 2001, bycartoonist, Mr Peter Nicholson48

:

Nicholson of The Australian newspaper: www.nicholsoncartoons.com.au


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Source 41 Poster developed for web-based distribution, May 10, 2002, byactivist, Mr Mick Lambe49:

Questions

1. Using Source 38 (documentary Punished not Protected):

a. List some of the reasons presented by members of the public for whyAustralians should be careful about who they accept at their borders.

b. What percentage of boat arrivals does the Source claim are proven to belegitimate refugees?

c. Would you consider this Source reliable? Support your response with validarguments.

2. How does Source 39 counterbalance the arguments made in Source 38?

3. Using Sources 40 and 41: comment on the way some media and activistsrepresented the issues.

4. What other sources might you consult to gain reliable evidence about publicopinion at the time?


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Issue 9: Where might responsibility lie for the sinking?

Source 42 - Media release, June 8, 2005, from the Australian Minister for Justice andCustoms, the Hon. Christopher Ellison

50:


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Source 43 Extract from an article in the Jakarta Post, October 26,2001, byjournalist, Ms Annastashya Emmanuelle51:

Grief has turned to rage and bitterness for themiddle eastern refugees here who lost family

members and friends when their vessel, bound for

Australia's Christmas Island, capsized in the

Java Sea on Friday.

Most of them blamed the traffickers, who they

claimed to have forced them at gun point to board

the unseaworthy boat despite their protests over

its obviously poor condition.

"When I see these people again I will kill themwith my own hands..," Sadeeq Razak, an angry

Iraqi, told The Jakarta Post.

Source 44 Television recording aired on SBS Dateline, May 22, 2002, reported byjournalist Mr Geoff Parish

52:


Source 45 Documentary for educational use, Untold Tragedy: The Sinking of SIEV X,2002, produced by author, Mr Steve Biddulph and activist, Ms Beth Gibbings53:


Source 46 Extract from the book Dark Victory, 2003, by journalists Mr David Marr andMs Marianne Wilkinson

54:

Australia did not kill those who drowned on SIEV X but their deaths cant be left out ofthe reckoning entirely. Canberras response to that missing boat is a measure of whathappened here since the Tampa. When those in peril on the sea are asylum seekers,Australia hesitated to rescue. Not refused, hesitated

Source 47 Regulation from Chapter V of the International Convention for the Safety ofLife at Sea (1974)55:

Regulation 15

(a) Each contracting government undertakes to ensure that any necessary arrangements are made forcoast watching and for the rescue of persons in distress at sea round its coasts. Thesearrangements should include the establishment, operation, and maintenance of such maritimesafety facilities as are deemed practicable and necessary having regard to the density of theseagoing traffic and the navigational dangers and should, so far as possible, afford adequate meansof locating and rescuing such persons.


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Source 48 - Extract from a transcript of a farewell speech at the Australian DefenceForce Change of Command Ceremony, July 3, 2002, by Chief of the Australian DefenceForce, Admiral Chris Barrie 56:

The men and women of the Australian Defence Force that I lead stand ready to assistpeople in distress, as we have always done. However, we can only effect rescue when

we are aware there is a vessel in distress.

Source 49 - Extract from the CMI Committee reportA Certain Maritime Incident, 23October 200257:

The Committee finds that there were several gaps in the chain of reporting ofintelligence, but that even if it had been functioning optimally, it is unlikely that the

Australian response to SIEV X would have been different. This is because the qualityand detail of the intelligence available to the authorities at the relevant times wasinsufficient to have warranted the launching of a specific search and rescue operation,especially since a comprehensive surveillance of the area was already beingundertaken. On the basis of the above, the Committee cannot find grounds for believingthat negligence or dereliction of duty was committed in relation to SIEV X.

Source 50 Extract from an article in the National Journal of the Australian DefenceAssociation, Defender, February 16, 2005, by Anglican Bishop for the AustralianDefence Force, Dr Tom Frame58:

I am afraid that in the case of SIEV X we might be confronted with the unknown andburdened with the unknowable.

Questions

1. In what way do sources 42 and 43 support each other?

2. Would you expect the truth to be presented in Source 45 (the documentaryUntold Tragedy: The Sinking of the SIEV X)?


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Final Essay Question

Was the sinking of the SIEV X and subsequent loss of life preventable?

Consider this question using the sources presented and any other evidence

you may have discovered.

Additional Sources

Books/Reports

Commonwealth of Australia, 2005, Select Committee for an inquiry into a certainmaritime incident,A Certain Maritime Incident. Available at:www.aph.gov.au/senate/committee/maritime_incident_ctte/index.htm .

Human Rights and Equal Opportunities Commission, 2005, Face the Facts. Available at:http://www.humanrights.gov.au/racial_discrimination/face_facts/.

Kevin, T. 2004,A Certain Maritime Incident the sinking of the SIEV X, ScribePublications, Melbourne.

Websites

Department of Immigration and Multicultural Affairs - www.immi.gov.au.

Marg Huttons Archive on the SIEV X - www.sievx.com.

United Nations High Commissioner for Refugees (Regional Office for Australia, NewZealand, Papua New Guinea and the South Pacific) - www.unhcr.org.au.


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References

1 United Nations General Assembly, 1948, Universal Declaration of Human Rights, Adopted andproclaimed by General Assembly resolution 217 A (III) of December 10 1948. Available at:http://www.un.org/Overview/rights.html.

2Rymer, J. (Director), 2004, Punished Not Protected, audiovisual source, produced by Rymer, Bayly

Watson for Show Mercy, distributed by Ronin Films.

3Zable, A. 2003, Perilous Journeys, Eureka Street,April edition, Jesuit Communications Australia.

Available at: http://eurekastreet.com.au/articles/0304zable.html.

4Anonymous,2001, He Lost 14 Members Of His Family In The Ship Catastrophe El Telegraph,Issue:

3792, November. Translator: Jasser Samardali, editor: Sue Hoffman. Available at:http://sievx.com/articles/disaster/200111xxElTelegraph.html.

5Howard, J. 2001, Transcript of the Prime Minister the Hon. John Howard MP, Press Conference,

Melbourne, November 7. Transcript available at:http://www.pm.gov.au/news/interviews/2001/interview1452.htm.

6Faulkner, J., 2003, SIEVX and after, Address to the Fabian Society, July 23, Melbourne. Transcript

available at: http://www.mail-archive.com/[email protected]/msg00014.html.

7Nakhoul, G. 2002, The Five Mysteries of SIEV X, SBS Radio Broadcast,Arabic Language Program,

August 28, 7:00 8:00pm. Transcript available at:http://www.sievx.com/articles/challenging/5mysteries.pdf.

8Collins, J. 2001, Indonesian police deny death boat allegations, Reuters, October 25, cited in:: Kevin,

T.A Certain Maritime Incident the sinking of SIEV X, Scribe Publications, Melbourne, pp. 42-43

9Marr, D. and Wilkinson, M. 2003, Dark Victory, Allen and Unwin, Sydney, p. 43-44.

10Emmanuelle, A. 2001, Trip to RI organized by mafia: Survivor, The Jakarta Post,October 26,

Available at: http://sievx.com/articles/disaster/20011026Emmanuelle.html.11

Nakhoul, G. 2002, The Five Mysteries of SIEV X, SBS Radio Broadcast,Arabic Language Program,August 28, 7:00 8:00pm. Transcript available at:http://www.sievx.com/articles/challenging/5mysteries.pdf.

12Department of Foreign Affairs and Trade Jakarta Embassy, 2001, Indonesia: Sinking of Illegal

Immigrant Vessel (Cable), October 23. Available at:http://www.sievx.com/documents/20011023DFATCable.pdf.

13Trad, K. 2001, SIEV X Survivor Accounts, translated transcript of audiovisual recording, October 26,

Bogor, Indonesia. Transcript Available at:http://www.sievx.com/articles/disaster/KeysarTradTranscript.html.



15Hawke, A. 2002, There was no conspiracy, Transcript of an address to the ACT White Pages

Business Series, September 5. Available at: http://sievx.com/archives/2002_08-09/20020908.shtml.

16Department of Foreign Affairs and Trade Jakarta Embassy, 2001, Indonesia: Sinking of Illegal

Immigrant Vessel (Cable), October 23. Available at:http://www.sievx.com/documents/20011023DFATCable.pdf.

17Howard, J. 2001, Announcement of Border Protection Policy Press Conference, Perth, October 23.

Available at: http://www.pm.gov.au/News/speeches/2001/speech1304.htm.

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101. Available: http://sievx.com/documents/HuttonKevinMap1.pdf.


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34Hutton, M. 2003, Map 2, cited in: Kevin, T. 2004,A Certain Maritime Incident thesinking of the SIEV

X, Scribe Publications, p. 197. Available at: http://sievx.com/documents/HuttonKevinMap2.pdf.

35Stewart, C. 2002, Rocking the boat, The Weekend Australian, December 14, p. 27.

36Coulthart, R. 2002, Refugee Boat Sabotage, Channel Nine Television Broadcast, the Sunday

program, September 29.

37Griffiths, P. 2002, The SIEV X Dossier, Refugee Action Coalition, Canberra, October 19.

38Faulkner, J. 2002 in the Official Hansard of the Australian Senate, Fortieth Parliament, First Session,

Third Period, No. 10, Wednesday September 25, pp. 4918-20. Available at:http://www.aph.gov.au/hansard/senate/dailys/ds250902.pdf.



40 McGrath, C. 2002, Foreign Minister plays down war speculations; ABC Radio Broadcast, The WorldTodayprogram, September 26. Available at: http://www.abc.net.au/worldtoday/stories/s686646.htm.

41ONeill, W. 2003, unknown title,Australian Financial Review, September 20, cited in: Kevin, T. 2004,A

Certain Maritime Incident thesinking of the SIEV X, Scribe Publications, p. 16.

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Sources, Social Policy Group, June 16. Available at:http://www.aph.gov.au/library/pubs/online/03chr02.pdf.

43Hancock, N. 2001, Refugee Law - Recent Legislative Developments', Current Issues Brief,No. 5 2001-02,

Department of the Parliamentary Library, September 18, p. 12. Available at:http://www.aph.gov.au/library/pubs/CIB/2001-02/02cib05.htm.

44Department of Immigration and Multicultural Affairs, 2005, Fact Sheet 74 - Unauthorised Arrivals by Air

and Sea, cited in: Human Rights and Equal Opportunities Commission, 2005, Face the Facts p.69,Available at: http://www.hreoc.gov.au/racial_discrimination/face_facts/refugee.html

45Smith, G. 2002, Matrix (tabled), April 5, cited in: Commonwealth of Australia, Select Committee for an

inquiry into a certain maritime incident, 2005,A Certain Maritime Incident, p. 28. Available at:http://www.aph.gov.au/senate/committee/maritime_incident_ctte/report/c02.pdf.

46Rymer, J. (Director), 2004, Punished Not Protected, audiovisual source, produced by Rymer, Bayly

Watson for Show Mercy, distributed by Ronin Films.

47Department of Immigration and Multicultural Affairs, 2006, Fact Sheet 60 - Australias Refugee and

Humanitarian Program. Available at: http://www.immi.gov.au/media/fact-sheets/60refugee.htm.

48Nicholson, P. 2001, Refugees: flattery will get you nowhere The Australian, November 23.

49Lambe, M. and anonymous, 2002, People Against Racists Interpreting Australian History, May 10.

Available at: http://www.country-liberal-party.com/refugee_title.htm.50

Ellison, C. 2005, Government welcomes Siev-X people smuggler conviction, Media Release EO70/05,Available at: http://www.sievx.com/articles/defending/2005/20050608Ellison.pdf.

51Annastashya, E. 2001, Refugees blame people smugglers in boat tragedy The Jakarta Post, October

26. Available at: sievx.com/articles/disaster/20011026JakartaPost.html.

52Parish, G. 2002, Boat People - Cover-up or Stuff-up SBS Television Broadcast, Dateline, May 22.

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Mercy, distributed by Ronin Films.

54Marr, D. and Wilkinson, M. 2003, Dark Victory, Allen and Unwin, Sydney, p. 43-44.


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55Commonwealth of Australia, 1995, International Convention for the Safety of Life at Sea, 1974,

Australian Treaty Series; 1983 No. 22. Available at:

http://www.austlii.edu.au/au/other/dfat/treaties/1983/22.html.

56Barrie, C. 2002, Farewell Address by the Chief of the Defence Force, Admiral Chris Barrie, July 4.

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57Commonwealth of Australia, Select Committee for an inquiry into a certain maritime incident, 2005,A

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Defender, Volume: XXI, Issue: 3, pp. 41-43

Documents

The Sinking of the SIEV X: A Case Study for Secondary Schools