Tampa Affair - Permission Denied

Permission Denied

The ship requested the Australian government's permission to unload the asylum seekers at Christmas Island, arguing that the ship could not sail to Indonesia, because it was unseaworthy — the ship was not designed for 438 people, only its 27 crew; and there were no lifeboats or other safety equipment available for the asylum seekers in the case of an emergency. The Australian government refused permission for the ship to enter Australia's territorial waters, and threatened to prosecute Captain Arne Rinnan as a people smuggler if it did so.

The Australian government denied any obligation under international law. The Minister for Foreign Affairs, Alexander Downer explained to parliament that "It is important that people understand that Australia has no obligation under International law to accept the rescued persons in to Australian territory." Australian ambassador David Stuart said in the United Nations that "the rescue by the MV Tampa occurred outside the search and rescue region designated as being the responsibility of Australia." Although the Tampa had responded to a broadcast by an Australian rescue agency, on 30 August, Alexander Downer made a statement in parliament emphasising that the survivors were picked up: "at the direction of the Indonesian search and rescue authorities."

Christmas Island, an Australian territory, lies within a zone designated as Indonesia's responsibility for rescue according to an agreement made in 1990 between Australia and Indonesia. The agreement recognises that Indonesia may be best placed to respond in that zone, but it does not oblige Indonesia to make rescues in the designated zone. Clive Davidson, chief executive officer of the Australian Maritime Safety Authority told the Senate Select Committee on a Certain Maritime Incident that "The responsibility of all search and rescue agencies around the world is to respond comprehensively and completely to every search and rescue event, wherever they may be."

Faced with Australia's threats of prosecution, Captain Arne Rinnan agreed to turn slowly back towards Indonesia in the hope that the asylum seekers would not notice. About half an hour into the turn, however, they did notice and again became agitated. Captain Rinnan, concerned that if the ship continued to sail to Indonesia the asylum seekers could jump overboard or riot and harm the crew, decided to head back towards Christmas Island.

As the ship approached the boundary of Australia's territorial waters (12 nautical miles (22 km) from the island), Captain Arne Rinnan pleaded for permission for the ship to dock at Christmas Island. He would have been well aware that there are no port or docking facilities for shipping at Christmas Island. He reported that several of the asylum seekers were unconscious, and others were suffering from dysentery, statements subsequently supported by the SASR physician, but later disputed by Australian authorities. According to later Australian government claims, the asylum seekers were in relatively good health. However, a few were quite ill by the time they arrived in New Zealand, so this matter is still unclear.

The Australian government provided medical assistance and food, but still refused permission for the ship to enter Australian territorial waters. The Australian government sent military personnel to Christmas Island, ostensibly to be ready to provide this assistance to the ship.

On 29 August, Captain Arne Rinnan, having lost patience with the Australian authorities, and increasingly concerned for the safety of the asylum seekers and the ship's crew, declared a state of emergency and proceeded to enter Australian territorial waters without permission. The legality of this action has been the subject of debate, with the Australian government maintaining that it was illegal.