One would assume that an organisation entitled the 'Australia Strategic Policy Institute' would be a government body or a body at least having Australia's strategic interests at heart.
But its director, Dr Anthony Bergin, with a title one would assume would be capable of research, has written an article for Fairfax media supporting Japan's strategic interests.
Bergin's article: 'Ban Protest Vessels from using our Ports' dated 16th January 2010 in The Age and duplicated in the Sydney Morning Herald - (Fairfax empire privilege) sides with the Japanese whalers and calls on the Australian Government to support Japan in denying protesters access to Australian ports. Perhaps Dr Bergin should take up residency in Tokyo.
If Dr Bergin were respectful of the democratic rights to protest we have in Australia and recognised the Japanese incursion in Australia's whale sanctuary in the Southern Ocean, and respected the existence rights of whales, then perhaps his article for Fairfax would have instead read like this...
The Australian Government has been far too even-handed in its statements about the reckless actions of the Japanese whalers trespassing in the Southern Ocean in breach of commercial whaling prohibitions.
By not condemning this annual intrusion by Japanese ships undertaking commercial whaling, Australia is in effect acquiescing in illegal poaching of whales, while Sea Shepherd does Australia's naval monitoring of illegitimate Japanese whale poachers.
Harassment will not change Japan's position on whaling. And not condemning these Japans actions is counterproductive for Australia trying to secure its protection of endangered whales with the International Whaling Commission.
Australia could legitimately take Japan to court and hold Japan in breach of the Antarctic Treaty at the next meeting of the commission in Morocco in June. Australia could legitimately and formally demand Japan to cease its whaling actions immediately.
Given the public interest in these matters, the Australian Government has sensibly asked the Australian Maritime Safety Authority to examine the recent events in the Southern Ocean. But it is hard to see how, on any reading of the Convention on the International Regulations for Preventing Collisions at Sea, that the ramming of the Sea Shepherd vessel by the Japanese whaling vessel, could argue his actions were in compliance with it. The Ady Gill was stationary in the water at the time of the ramming and no action was taken by the Japanese whaling vessel to avoid a collision.
To demonstrate that Australia does not support the activities of the Japanese whalers, the Australian Government should ban the entry of its vessels into Australian ports.
In deciding whether to grant consent to vessels to enter its ports, a state is free to impose conditions as it wishes - access to a port of a state is a privilege, not a right. Australia banned port access to Japanese fishing vessels in 1998 when Japan would not agree on a total allowable catch for southern bluefin tuna in the Commission for the Conservation of Southern Bluefin Tuna. The port access ban was lifted in mid-2001. Why? It is an offence under the Environment Protection and Biodiversity Conservation Act for a whaling vessel to call at an Australian port unless the master has written permission from the environment minister to bring it into the port.
If the Federal Government is serious about ending whaling and shifting the Japanese Government's position - one that has hardened in response - it should directly monitor all whaling activities in the Southern Ocean, follow through on its promise to take legal action against Japan, ban all whaling vessels from Australian ports and ban all use of aircraft from Australian airports for use by Japanese whalers.
Dr Anthony Bergin needs to continue his research and then get back to us with what he has learnt.
Comments
Anonymous (not verified)
Sun, 2010-01-17 09:16
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We urgently need leadership
How is it that whaling authorities, or 'spies', were allowed to hire Australian planes to spy on anti-whaling protest ships! Where are our border controls, our security forces? Australia is a sovereign nation, one to be proud of and patriotic towards. However, we have leaders cowering to Japan's superior powers, and all their rhetoric about "legal options" and "diplomatic pressure" are just forms of procrastination, a smoke-screen for the public.
It is becoming clear that some agreement has been made between Japan and Australia to prevent any "interference" to their whale slaughter.
Head of the Australian whaling envoy, Sandy Holloway, is set to receive up to $200,000 for 100 days work. Costs could escalate to one million dollars as bureaucrats travel the globe in a futile effort to stop Japan killing whales.
Mr Holloway's 'formal representations' to Japan, on a $1,800 a day retainer, were designed to fail and are really an expensive smokescreen to fool the Australian public. Such was the ambiguity of diplomatic pressure that Japan even asked Australia for help against the "eco-terrorists" upholding the laws in the Antarctic!
Public money is being wasted. Australia's Antarctic Territory, a $300 million whale-watching industry, domestic and international laws and Treaties are being abandoned in an effort to secure economic agreements with Japan.
Our government's "anti-whaling" stance, despite pre-election pledges, is a charade.
It is time we see some leadership from our Federal government and have Japan's illegal whaling fleet permanently removed from the Antarctic.
We urgently need leadership at this time, but clearly we won't be getting it from our present government!
Peter Bright
Sun, 2010-01-17 14:17
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Be fair
Vivienne (not verified)
Sun, 2010-01-17 14:46
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Trade with Japan is a different topic
James Sinnamon
Sun, 2010-01-17 18:36
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A subconscious rationalisation for our leaders' cowardice
Peter Bright, whilst I strongly disagree with what you have written, I think it is good that you have brought out into the open one unstated reason why some sectors of Australian public are most likely convinced to excuse our Government's cowardice on such a clear straightforward question of justice, environmental protection, national sovereignty and law.
That unstated reason is the fear of economic and diplomatic reprisals from Japan.
However, I believe that if the choice were put to ordinary Australians: either back down in order to retain some perceived economic advantage granted to some Australians by Japan or stand up and face whatever consequences may ensue, in order to maintain our self-respect, I think most would choose the latter.
In any case the latter is what Australians implicitly voted for when they voted for the Labor party with its promises to take a strong stance against whaling in 2007. If Kevin Rudd wants to back away from that commitment, at least he should consult the Australian public first.
Other examples of our Government's equivalently cowardly responses to similar injustices against Australian citizens, include:
In at least one case New Zealand's own record of defending its own citizens is equally lamentable. This was, when in 1985, it allowed the apprehended French terrorists Alain Mafart and Dominique Prieur who were guilty of the bombing and sinking of the Rainbow Warrior and the resultant drowning of Dutch citizen Fernando Pereira to flee New Zealand to France, where they were predictably treated leniently by French Courts.
Years after the bombing -- my best guess is the mid 1990's -- I heard in the news of how a diligent and, probably, courageous Interpol policemen arrested one of the terrorists, still wanted for the attack, on Swiss soil and advised the New Zealand Government. The New Zealand Government expressed no interest in having the terrorist extradited to New Zealand and so Interpol was forced to release him.
Australia's own role was apparently equally shameful. According to Wikipedia:
Some years later I witnessed Fernando Pereira's daughter, Marelle, who was only 8 at the time confront former New Zealand Prime Minister David Lange, on 60 Minutes as I seem to recall, over his Government's cowardice before the French.
Lange's excuse proferred to Marelle Pereira, was that if they had put Mafart and Prieur face trial for murder in New Zealand then New Zealand would have faced economic reprisals from France.
I believe any self-respecting Kiwi would have hung their heads in shame and disgust at the words of their former Prime Minister.
At the very least this blackmail by France should have been brought out in the open and New Zealanders should have been given some say over whether to back down or stand up to France.
Had the French attempted to punish New Zealand simply for bringing murderers to trial, then it seems more than likely that France, in turn, would have suffered consequences in the eyes of international public opinion.
Were the Japanese to retailiate against Australia in 2010, whether openly or more covertly, we could also ensure that it would be far from cost-free to them even in narrow economic terms. Furthermore, Australia would be in a position, not altogether dissimilar to that of New Zealand in 1985, to fight Japan before international public opinion and possibly through legal avenues as well and Japan's reputation could certainly be made to suffer a lot more as a result.
This also brings to mind a few years ago when world public opinion rallied behind Canada, when ships from their Navy confronted Spanish fishing ships who were fishing in Canadian territorial waters in the Atlantic Ocean when Canada itself was not fishing in the area in the hope of allowing depleted fish stocks to rebuild.
Even if it were to turn out that we were not able to win and we were to suffer economic or diplomatic retaliation, then my view is that, as a society, we should be prepared to pay that price as the price necessary for being a sovereign self-respecting nation.
As a society we would do what we could to make sure that no-one pays a disproportionate cost as a consequence of Japanese economic reprisals.
If that were to be put openly to the Australian people, I think that most would be in support of standing up to Japan. We could could also find ways, as a society, to ensure that no-one amongst us were made to pay a disproportionate cost as a consequence.
Anonymous (not verified)
Wed, 2010-09-22 12:25
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Action against terrorist suspects could have not been sooner
Sheila Newman
Sun, 2010-01-17 23:39
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Labor Holdings, Labor Resources P/L and Primeminister Rudd
cisco ccna (not verified)
Mon, 2010-01-18 18:02
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combine “natural media” with "man made media
Vivienne (not verified)
Sun, 2010-01-31 07:47
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Kevin Rudd is guilty by allowing crimes to continue
Tigerquoll
Sun, 2010-03-07 18:31
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Vivienne: AFP Search Warrant for Sea Shepherd, on Japan's behalf
Tigerquoll
Sun, 2010-03-07 18:38
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If Australia's Prime Minister sides with Japan against Australia
Sheila Newman
Sun, 2010-03-07 20:32
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Details please Tigerquoll
Anonymous (not verified)
Sun, 2010-03-07 21:57
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Rudd put in power to screw Australia
Tigerquoll
Mon, 2010-03-08 11:17
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Rudd guilty by admission
In reply to the request above for 'Details Please Tigerquoll' about the unlawful breaches by the Japanese and Australia's failure to act contary to our Constitution, I offer the following summary:
1. Australian Antarctic Territory breached
2. Whale Protection Act, 1980 breached
'Part I - Preliminary
6. Application of Act
(1) This Act extends to every external Territory and, except so far as the contrary intention appears, to acts, omissions, matters and things outside Australia, whether or not in a foreign country.
(2) Subject to subsection (3):
(a) to the extent that a provision of this Act has effect in and in relation to any waters or place beyond the outer limits of the exclusive economic zone, that provision applies only in relation to Australian citizens domiciled in Australia, Australian aircraft and Australian vessels and the members of the crew (including persons in charge) of Australian aircraft and Australian vessels; and
(b) to the extent that a provision of this Act has effect in and in relation to Australia or any waters other than waters referred to in paragraph (a), that provision applies in relation to all persons, aircraft and vessels, including foreign persons, foreign aircraft and foreign vessels.
(3) This Act has effect subject to the obligations of Australia under international law, including obligations under any agreement between Australia and another country or countries.
Part II - Preservation, conservation and protection of whales
9. Killing, taking etc. of whales prohibited
(1) A person shall not:
(a) in waters to which this Act applies, kill, injure, take or interfere with any whale; or
(b) treat any whale that has been killed or taken in contravention of this Act or has been unlawfully imported. '
Japanese whalers keep poaching whales in Australian territorial waters contravention of Australia's Whales Protection Act. Kevin Rudd, as Australia's Prime Minister is dutifully bound to protect Australia's sovereignty and enforce Australian legislation. But he is not.
3. Prime Minister's failure to enforce Australian terrorial legislation constitutes a breach of the Australian Constitution
The COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 122 '
Government of territories' states: "The Parliament may make laws for the government of any territory surrendered by any State to and accepted by the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such territory in either House of the Parliament to the extent and on the terms which it thinks fit."
Under the COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 120
'Custody of offenders against laws of the Commonwealth'
"Every State shall make provision for the detention in its prisons of persons accused or convicted of offences against the laws of the Commonwealth, and for the punishment of persons convicted of such offences, and the Parliament of the Commonwealth may make laws to give effect to this provision."
Australia's federal parliament has enacted the above legislation. The Japanese whalers have breached those laws, yet our Prime Minister fails to enforce these laws. But Rudd lets them go unpunished.
Indeed, Rudd is so appeasing of the Japanese as to be in allegiance with Japanese interests to the detriment of Australia's interests. Under Section 44 of the Constitution sets out restrictions on who can be a candidate for Federal parliament. It reads:
‘44 (i). Any person who..is under any acknowledgement of allegiance, obedience, or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or citizen of a foreign power...shall be incapable of being chosen or of sitting as a senator or a member of the House of Representatives.'
So Rudd needs to work out whether he is siding with Japan or Australia. If Rudd recognises Australian Antarctic Terrorial Waters he needs to uphold and enforce Australia law. If he sides with the Japanese, he is in breach of Section 44 and must be sacked from the House of Representatives forthwith.
Q.E.D.
I also refer to a pertinent well researched letter by Mr Graham J. Clarke (President of Whales in Danger) dated 6th January 2003 to Minister for the Environment and Heritage, David Kemp.
This should be enough detail for now.
I also point out that since the Prime Minister has confirmed he will challenge Japan legally on this issue, indicates that the Australian Government considers Japanese whalers have breached the law and have a case to answer.
Tiger Quoll
Snowy River 3885
Australia
sarakellany k. (not verified)
Sat, 2011-02-19 16:06
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Anti-whaling
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