The Lies Abbott Tells - Part Three

THE LIE

Australian Prime Minister Tony Abbott on the subject of Indonesia recent refusal to take asylum seekers rescued at sea by Australian naval and customs vessels, as reported in The Sydney Morning Herald 12 November 2013:

"These people were in a search-and-rescue situation in the Indonesian search-and-rescue zone,'' Mr Abbott told radio station 2GB.

''Now, the normal international law is that if you are rescued in a country's search-and-rescue zone that country has an obligation to take you...”

FACT

The United Nations Convention on the Law of the Sea, International Convention on Search and Rescue, and International Convention on the Safety of Life at Sea, all of which the Commonwealth of Australia recognises, are in part attempts to formalise longstanding international custom.

However, under these conventions there is no obligation imposed on Indonesia to accept asylum seekers rescued by Australian naval, customs or merchant shipping within Indonesia’s designated search & rescue zone and/or international waters.

While international conventions are clear on the duties of various parties to assist persons in distress at sea, there are no conventions which specify where survivors are to be taken, beyond the requirement that they are to be taken to a place of safety...

As well as complying with convention obligations, the Australian Government recognises that:

Any decision to disembark rescued persons at a particular port of a State should not be made without the consent of that State...

[http://www.infrastructure.gov.au/maritime/safety/sea_rescue.aspx]

Article 98 places the duty to render assistance on the master of the ship not the nearest coastal state.

[http://www.defence.gov.au/adc/docs/publications2010/PublcnsGeddes2003_300310_TheLawoftheSea.pdf]

Australian Maritime Safety Authority Search and Rescue Zones Map