Doorstop - Melbourne

8 January 2012

Topic: Shonan Maru 2

NICOLA ROXON: Thank you very much for coming this afternoon. My name is Nicola Roxon and I’m the Attorney General. I wanted to provide a few comments about the situation of three Australians who have boarded the Japanese vessel in Australia’s exclusive economic zone.

Australia is very concerned to make sure that we can do all we can to ensure the safety and wellbeing of these three Australians. They have boarded a Japanese vessel outside Australian territorial waters and that does mean the legal steps open to us are slightly limited.

Australia’s exclusive economic zone is an area that vessels are allowed to travel through freely. They don’t need permission of the Australian Government. We have made clear that we don’t welcome the presence of this boat in Australia’s economic exclusive zone. We’ve made very clear that we don’t support Japanese so called scientific whaling, and as many people would be aware, we’ve been doing all we can including taking action in the International Court of Justice to try to stop this.

Nevertheless, the boarding of this vessel has occurred in a zone where we do not have direct jurisdiction. International laws make clear that the most likely jurisdiction will be Japanese domestic law. Because it appears that this ship is assisting the Japanese whaling fleet in some way, there may be other legal options available to us and we are exploring those. But our primary approach is now a diplomatic and consular one and our officials have already been in close contact with the Japanese Government to make our views well known and we are now determined to do all we can to ensure the safety and wellbeing of these three Australians and hopefully their prompt return to Australia. I’m happy to answer any questions that people have.

QUESTION: So what kind of points are you putting forward to the diplomats of the Government over there to really get this point across?

NICOLA ROXON: Well, we’ve made very clear for a long time that we don’t support Japan’s so called scientific whaling. We’ve taken all sorts of action including the very important step of taking legal action to try to cease this so called scientific whaling. Now, we know that that’s not a view that the Japanese Government share and although we are normally close friends on many other issues, this is one area where we have agreed to differ. We have been pursuing this case for a very long, long time.

We need to urge Australians and have them understand that we share the frustration that many, many Australians feel that whaling continues and that the Japanese whalers do continue each season, to come close to or in Australian waters and in the exclusive economic zone. But people taking action in their own hands means that they then will be governed by the laws that apply. In this instance, our advice is those laws will be Japanese domestic law. That of course puts these three Australians in a different situation and we now need to do what we can through diplomatic channels to see if we can support them to make sure that they can be returned safely and promptly to Australia.

QUESTION: So putting aside the issue of whaling, what are the normal conditions, if you’re captain of a boat and you discover stowaways, for lack of a better word, in international waters, what are your obligations under maritime law?

NICOLA ROXON: Well, we’re getting a lot of advice obviously, and we know that this is a protest action that’s been taken. We do urge understanding from the Japanese Government that we live in a country where protest action can be taken. But equally, protesters need to understand that the laws will apply to them. We’ve been down this path, unfortunately, before and of course, the people taking this action will know that there are legal consequences. We now want to do all we can by working with the Japanese Government to have them safely returned to Australia. They’re clearly making a strong point about whaling and that is a strong point that the Australian Government continues to make as well.

This vessel is not welcome in Australia’s exclusive economic zone. We’re not required unfortunately, to give it permission. It is free under the laws of the sea, to travel in this area, but of course it does raise all of the issues that many, many Australians protest about and feel uncomfortable about, and that is that we would like this scientific whaling, as it’s called in Japan, to cease.

QUESTION: You said that there were some potential other legal avenues because this ship is assisting the whalers. What are they?

NICOLA ROXON: We’re still getting advice about that. There’s been a priority whole of government meeting held today between departments, so Customs and Federal Police and our legal advisors. If this ship tried to come to port in Australia for example, without permission, because it is a boat that appears to be assisting whaling boats, although not a whaling vessel itself, that may give us some other options. At this stage though, it hasn’t sought to come into port. We may of course, in the coming days, want to have discussions to do just that, if it’s one way to be able to get these three Australians safely back to Australia. All options will be considered and you would understand that when we’re trying to go through this diplomatic process, not all of those will be conducted in the media.

QUESTION: Would you allow a whaling boat to potentially dock in an Australian port?

NICOLA ROXON: No, we’ve made clear that we wouldn’t grant that permission. This is not a whaling vessel but clearly it is a vessel that is providing assistance to whaling vessels. The Environment Minister has the right to agree or to refuse such a ship coming into port and there may be circumstances such as emergencies where that would be allowed. It’s premature for us to speculate about that now. Our priority is that there are three Australians that are being held on a Japanese vessel. It appears that the laws that will cover that detention for want of a better word, is a Japanese law and we are now working with the Japanese Government to see what can be done to ensure their safety and return.

QUESTION: Is this something that you feared might happen this season?

NICOLA ROXON: Well, obviously our determination is to do all we can to stop Japanese whaling occurring and while it continues we know that there is a risk that protest action will be taken and we know that there is always a risk that it might get out of hand in either direction. We as a Government, are required to abide by the law. We intend to do that. We are taking legal action through the International Court of Justice and that’s a very big step to be taking. We’d like that to be completed more quickly but there are processes that are to be gone through. We’ve been raising this at the highest diplomatic levels and of course we have to urge people who feel strongly about the need to protest, that if they do so, the laws of whichever land or whichever area they are doing it in, will apply and that will have consequences and of course, our Government is now going to do all we can diplomatically to ensure their safe and prompt return.

QUESTION: Do you know exactly where they are at the moment and what kind of conditions they’re being kept in?

NICOLA ROXON: No, that’s part of the work that obviously we need to do diplomatically. We know as you do, that there has been information provided to the media. There’s been information provided about where the boarding occurred, outside Australia’s territorial waters, but inside the exclusive economic zone. We are trying to make sure we can ascertain now exactly where the ship is and that is part of our discussions that we are having with the Japanese Government.

QUESTION: What do you think the likelihood is that these three will be taken back to Japan?

NICOLA ROXON: Well look, I simply can’t speculate. Of course, we’ve got history to look at. We’ve seen that that has happened before. You would have to think that that was a possibility. If this vessel is close to Australian waters you’d think there was another possibility that they’d promptly have discussions with us about a safe and immediate return. We’re making all representations that we can. Obviously it’s not appropriate for us to explore all of those in the media but we will be providing updates as soon as there’s any more information that we can make available.

QUESTION: Just the practicalities of this, you’re saying you’d like to see them returned but at the same time, the ship’s not welcome to dock in Australia. So how would you like to see these three returned?

NICOLA ROXON: Look, there are a range of different options obviously, that could occur for the transfer of these people, either back into Australian control, back onto their own vessel, back onto some agreed other vessel or to come to Australia. I’m not going to go through each of those options because it’s important for us to be able to pursue those diplomatically...[inaudible]

QUESTION: [inaudible]

NICOLA ROXON: We of course, as a Government, do have a range of facilities available. I’m not going to speculate on the approach that we’re going to take. This is really unfolding quite quickly and we need to ascertain, as a first step, exactly where the ship currently is and where those three Australians are therefore being held.

QUESTION: You haven’t mobilised a Navy ship at this point to get...

NICOLA ROXON: I’m not going to go through all options that are available to us at this stage. Obviously there are a range of different options that are available. We need to make it clear and we want to be able to do that through diplomatic channels to the Japanese Government, that we’d like these people returned safely, we want to be assured about their wellbeing. This is primarily in this stage now, a consular matter to ensure that they are being treated well. DFAT has been in touch with their families and we now want to make sure that we can arrange whatever is the most appropriate way for their safe return, and that will mean a number of options will be explored in the coming hours and days.

QUESTION: How would you categorise the response from the Japanese Government so far? Is it pleasing, is it a bit cold?

NICOLA ROXON: Look, it’s early days. This has happened only a number of hours ago. Everybody I think is trying to make sure they understand what the situation is. From an Australian perspective our top priority is making sure that Australian citizens are safe, that they are being well cared for and of course, we are doing all of the work that’s required, because it is a complex legal situation to understand precisely what legal rules apply and if there are any other options. People can rest assured, if there are any other options that Australia can lawfully use, we will look to use those.

QUESTION: [inaudible] ...but if you guys meet the ship then that obviously helps the Japanese ... Is there a way that you can do this...

NICOLA ROXON: Well, we’re not impartial in this. We don’t support Japanese scientific whaling. We don’t believe that it’s an appropriate practice and we would like it to stop. We are not in the least bit impartial about that. But that doesn’t mean that there is a free open slather if people take the law into their own hands. If people take action, then the laws that apply, where they take that action will apply, and the Government is constrained by making sure that we then use diplomatic channels to find all other options to bring people to safety. There are a range of options, it’s too early in this particular situation to be able to speculate on all of those but we will as a Government, keep you informed as each development is able to be made public.

QUESTION: So what kind of penalties are they actually facing potentially?

NICOLA ROXON: Well again, it’s too early for me to be able to speculate on that. We are of course, seeking all of that information. We hope that it won’t come to that but you do have to look at the past to know that it is likely that these three Australians may be taken back to Japan. We are in diplomatic discussions. We hope that there will be an opportunity for us to ensure their safety and wellbeing soon and we will keep you up to date as any developments unfold.

QUESTIONS: Have you had any response from Japan at all yet?

NICOLA ROXON: Our foreign officials, our embassy in Tokyo has already spoken to the Government, we’ve spoken previously to the Japanese Government as recently as last week of course, when the season started, if you like, so there’s been a lot of different representations. I’m not conducting those personally. That’s a matter for foreign affairs and primarily our DFAT officials. But it’s very important in a situation like this, that people understand the Government will do all it can, both diplomatically and legally. The options that are available to us are being very carefully considered. We do need to explain to the public that although we do not support Japanese whaling, if people take action outside our territorial waters, Australian laws will not automatically apply and that does restrict some of the options that the Government can take.

QUESTIONS: Just quickly on location, in the economic zone, does a ship have to register a beacon or a signal to the countries whose economic zone they’re in, and if so [inaudible]?

NICOLA ROXON: My understanding is that any ship is free to travel through an exclusive economic zone. They’re not required to notify a coastal state like Australia that they’re coming. They’re not required to tell people where they are. Obviously it would be desirable if we could quickly identify precisely where the vessel is and those discussions and requests are being made right now as we speak. But you know, the exclusive economic zone gives Australia all sorts of rights as to what Australia can do in those areas, how we can exploit resources and other things. It doesn’t mean that we have control over who else can enter in and out of those waters but we have made very clear that this boat was not welcome. We didn’t encourage it to be in the exclusive economic zone. We’ve made clear to the Japanese Government we would prefer that it were not there and now it is holding three Australians who boarded the ship, it probably will be subject to Japanese law and we’re trying to do all we can diplomatically now to ensure their wellbeing and their prompt return. Okay, thanks very much.

QUESTION: Sorry. Did you speak with the Sea Shepherd before we left and ask them not to pull these sort of stunts?

NICOLA ROXON: No, I didn’t. I haven’t had any discussions with the Sea Shepherd. Thank you everyone

Ends.