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ENFORCEMENT WAS CLEAR (COASTAL STATE'S RESPONSIBILITY). THE ISSUE WAS POLITICAL: IE, GENERATING ENOUGH POLITICAL WILL AMONG COASTAL STATES TO DEVOTE SUFFICIENT RESOURCES TO TACKLE THE PROBLEM EFFECTIVELY. HE EXPECTED AUSTRALIA TO SUPPORT AN IMO REGIONAL SEMINAR IN JAKARTA. THIS WAS STILL BEING CLEARED
INTERDEPARTMENTALLY.
NO OBJECTIONS WERE FORESEEN.
5. MASON (SEA LAW AND OCEAN POLICY GROUP, DFAT: ALSO PRESENT) SAID THAT FIVE AUSTRALIAN SHIPS HAD BEEN ATTACKED IN THE LAST 6 MONTHS
(2 WERE TANKERS). THE AUSTRALIANS FAVOURED DRAWING ATTENTION TO THE ENVIRONMENTAL RISKS OF PIRACY (EG TANKER COLLISION) IN APPROACHES TO COASTAL STATES. HE CONTINUED THAT THE ROYAL AUSTRALIAN NAVY (RAN) HAD RECENTLY BEEN ISSUED WITH MORE PRECISE STANDING INSTRUCTIONS ON AID TO MERCHANT SHIPS IN DISTRESS BECAUSE OF EG PIRATE ATTACK. AUSTRALIA CONSIDERED THAT INTERNATIONAL LAW
PROVIDED A BASIS FOR NAVAL SHIPS TO COME TO THE ASSISTANCE OF
VESSELS IN DISTRESS, INCLUDING IN OTHER NATIONS' TERRITORIAL WATERS, BUT SAW NO ENFORCEMENT ROLE. THE RAN WOULD SEEK TO AVOID THE USE OF FORCE. ANY PIRATES APPREHENDED WOULD BE ESCORTED TO THE
COASTAL STATE IN QUESTION. MASON WONDERED IF BRITAIN SHARED THIS
INTERPRETATION OF INTERNATIONAL LAW. HE BELIEVED HE HAD SEEN A
REPORT THAT RN SHIPS WERE NOT (NOT) INSTRUCTED TO ENTER OTHER TERRITORIAL WATERS TO ASSIST VESSELS UNDER PIRATE ATTACK. THE AUSTRALIANS WOULD BE INTERESTED IN OUR INTERPRETATION OF INTERNATIONAL LAW AND, IF POSSIBLE, FOR A GENERAL STEER ON INSTRUCTIONS TO RN SHIPS CONCERNING PIRATE ATTACKS ON MERCHANT
SHIPPING. GRATEFUL FOR INSTRUCTIONS.
COMMENT
6. THE AUSTRALIANS SHARE OUR WISH TO GIVE ADDED IMPETUS TO EFFORTS TO COMBAT PIRACY, BUT ARE WARY OF BEING SEEN BY THEIR SOUTH EAST ASIAN NEIGHBOURS TO BE FORCING THE PACE. THEY ARE ALSO CONSCIOUS
THAT A CONCERTED CRY FOR MORE TO BE DONE BY LESS DEVELOPED NATIONS
MAY LEAD TO DEMANDS FROM SUCH STATES FOR SIGNIFICANT FINANCIAL AID
FROM THE WEST TO FUND ANTI-PIRACY PROGRAMMES. WE CAN EXPECT
AUSTRALIA TO SUPPORT PRACTICAL PROPOSALS AIMED AT CURTAILING PIRACY
SO LONG AS THESE ARE PRESENTED UNDER INTERNATIONAL AUSPICES AND IN
A CONTEXT NOT EXCLUSIVELY TARGETTED AT THEIR SOUTH EAST ASIAN NEIGHBOURS.
BARDER
FCO PASS SAVING BONN, PARIS, THE HAGUE, OSLO, BRASILIA
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