EXECUTIVE SUMMARY

Helping Australians Abroad A Review of the Australian Government's Consular Services

EXECUTIVE SUMMARY

1. The Australian Government's consular services, mainly provided by the Department of Foreign Affairs and Trade (DFAT), offer a broad range of services to Australians who travel or are resident overseas. DFAT receives as many as 400,000 consular contacts in a year, ranging from telephone enquiries to management of complicated cases.

2. The matter of consular services was referred by the Senate to the Committee for inquiry in August 1995. The inquiry was advertised immediately in the national press and most submissions were received in the latter part of that year. However, the need to finalise several other inquiries and the federal election in March 1996 delayed the start of hearings until 9 September 1996.

3. The Committee's inquiry covered not only the broad issues of consular assistance but also a number of case studies, some of which were included in the terms of reference for the inquiry, and others which were brought to the attention of the Committee through written submissions.

4. The Committee formed the opinion that DFAT's consular services had been fairly narrowly focussed on Australians in trouble overseas with much less attention given to their families back in Australia. DFAT responded to Australians in need overseas but devoted little attention to the prevention of problems. Even when DFAT entered the electronic age by installing its own Internet web site, Travel Advices were until recently buried among press releases rather than being highlighted under a separate heading.

5. The Committee believes there is now in DFAT a recognition that not only should more attention be devoted to helping families in Australia of victims overseas but also to the promotion of DFAT services, especially travel advice, to help Australians avoid trouble overseas. This new outlook is exemplified by the establishment of a new information unit in Canberra; the release of a new publication; and inclusion of information in industry seminars and courses, these will all help to promote consular services. The Committee believes it is important that Australians who intend to travel overseas or who have actually gone abroad know where they can get up-to-date travel information to help to ensure their personal safety.

6. Following the establishment of the inquiry, DFAT engaged a consultant, Mr Tim McDonald, to review its consular services. A number of recommendations contained in his report of September 1995 have been implemented. The Committee's inquiry itself has already given impetus to further change in a number of areas. The inquiry has also brought together senior DFAT consular officers and representatives of national organisations, such as the Australian Federation of Travel Agents, the Insurance Council of Australia and the Australian Funeral Directors Association, to increase awareness of, and benefit from, each others services. However, DFAT should do more to forge broader relations with relevant industries and specialist organisations, the coronial system and State and Territory Government services which could help distressed families.

7. The year 1994 was probably a watershed year for DFAT's consular services. A number of high profile cases put the media and public spotlight on them. It was the year Kellie Wilkinson and David Wilson were kidnapped and murdered by the Khmer Rouge in Cambodia; Dr John Flynn was detained in India; Ben Maresh died in a hotel fire in Kupang, West Timor; Bob Bowra was placed in custody following a boating accident in Abu Dhabi; and James Peng's incarceration in China was a continuing consular problem. As many of these cases were being handled simultaneously, the relatively small consular staff in Canberra was being placed under considerable pressure. This must be kept in mind when considering these individual cases.

8. Although the Committee has sought changes and improvements in a number of areas of consular services, and has criticised some actions taken in some of the case studies, the Committee wishes to place on record the untiring and valuable work, which is done in Australian posts around the world and in the Consular Branch in DFAT in Canberra, to assist Australian travellers abroad.

9. In these times of financial stringency, with cutbacks in staffing of overseas posts, DFAT has been seeking, with fewer resources, creative means to expand access to consular services overseas for Australians. DFAT has recently expanded the Honorary Consul system and is planning the appointment of further Honorary Consuls. This system is both effective and relatively inexpensive in providing a range of consular services in areas where there is no official Australian representation. The Committee recommends that DFAT expands the Honorary Consul system. The Committee also recommends that DFAT provide staff for Honorary Consuls who have a heavy consular workload.

10. DFAT has entered into a sharing agreement with Canada whereby 12 Canadian posts provide Australians with consular assistance in countries where there is no official Australian representation and Australia provides a reciprocal service to Canadians in 13 posts in countries where Canada is not represented. DFAT is also considering sharing responsibilities with posts of two or three other countries in the same city to make more efficient use of consular staff at those posts. The Committee believes these are sensible arrangements which either extend services or make more efficient use of resources in the interests of Australians abroad. The Committee recommends that DFAT continues to pursue such sharing arrangements.

11. The Committee found that many Australians have unrealistic expectations of what DFAT's consular services can provide Australians overseas. Those services are constrained by international conventions and consular practice, Australian laws and the laws of other countries. Many criticisms of DFAT stem from this misunderstanding of the scope of consular services.

12. The Committee also found that DFAT can be flexible in its exercise of consular assistance by using discretion and common sense to help someone in special circumstances when such help is normally not available. The Committee believes that this flexibility is commendable because there will always be special cases which consular practice has not taken into account. The Committee was also told about individual consular officers in posts overseas going beyond the call of duty to ameliorate the very difficult circumstances in which some Australians found themselves.

13. DFAT provides loans to travellers who, for one reason or another, run out of money or who need repatriation to Australia. Rather than continue with a flat maximum loan of $150, the Committee recommended that the maximum loan reflect the basic needs of a person in that country, given that the standard of living varies greatly among countries. The Committee also recommended measures to recoup those loans from people who do not repay them. Although the Committee believes that consular staff overseas should help Australians in distress, the Australian taxpayer should not be expected to pay for their repatriation to Australia. Every encouragement should be given travellers to obtain travel insurance before travelling overseas to avoid costly repatriation or medivac in unforeseen circumstances.

14. The Committee considered a wide range of other consular services during the inquiry which are dealt with in the report. A number of recommendations are made aimed at improving consular services. The recommendations are listed at the end of this overview. The Committee has also given guidance in other areas where for one reason or another formal recommendations were not made.

15. As mentioned above, the Committee examined a number of individual cases in the inquiry. Some of these are included as case studies in the report while others are used to illustrate particular points in discussion of various issues. Comments about three particular cases to which the Committee devoted considerable time are set out below.

The Case of David Wilson

16. The Committee gave particular attention to the case of the kidnapping and murder of David Wilson by the Khmer Rouge in 1994. It was this case which prompted the establishment of this inquiry.

17. This was a case where it was clear from the outset that the Committee could not possibly satisfy all the expectations of those members of the Wilson family who made submissions and appeared before the inquiry. The Committee has addressed in the report the main questions which they raised in their evidence. However, it was not possible for a Senate Committee to take evidence from many people, especially senior Cambodian officials, about their role in the David Wilson case. The Committee did try to meet General Chea Dara, the main Cambodian negotiator, but a meeting could not be arranged.

18. Although it is indisputable that David Wilson and his two companions were murdered by the Khmer Rouge, it is not known why they were murdered. Were they murdered because the Royal Cambodian Armed Forces decided to shell Phnom Voar, where the Khmer Rouge camp was situated? Was it because the ransom negotiations broke down? Were there other factors or some combination of factors? It is not possible to conclude definitively what factors contributed to the deaths of the three hostages.

19. There are also other unanswered questions about the role of the Cambodian Government in resolving the hostage crisis. Despite some expectations that the Committee could resolve these vexed issues, it was clearly beyond the powers of the Committee to do so.

20. The Wilson family and the Australian journalists who gave evidence to the Committee thought that the Australian Government should have taken a tougher stance with the Cambodian Government against the shelling of Phnom Vor. There was agreement at the start of the crisis that this would not happen. To what extent the Australian Government could have unilaterally done much more than it did is not clear. As the three Governments were acting in unison, it would have been difficult for the Australian Government to have adopted a different approach to the other two Governments. Similarly, as the three Western Governments had a 'no ransom policy', they were in no position to push the ransom issue with the Cambodian Government when its ransom negotiations appeared to break down. Ultimately, the Cambodian Government, representing a sovereign country, which had responsibility for handling the crisis, has to take responsibility for its actions.

21. The Committee believes that DFAT's total media 'no comment' policy, either on or off the record, was a mistake, even though it was agreed among the three Governments. If the Department is unhelpful to the media, and unprepared to guide and work with the media, as happened during the Wilson hostage crisis, the Department is in no position to criticise the media for what is broadcast or written. The Australian journalists, at least, were prepared to be guided by the Embassy and DFAT, and sought co-operation from the outset. Nevertheless, their overtures were rebuffed by DFAT. The Committee believes that DFAT should enter into more co-operative arrangements with the media in any future hostage crises or similar serious events and that the DFAT should explain that media strategy to families.

The Case of Ben Maresh

22. The Committee also spent much time considering the case of Ben Maresh. Ben died in a hotel fire in Kupang, West Timor, Indonesia in April 1994. The Kupang Police concluded that the death was accidental but Ben's family alleged that there were suspicious circumstances surrounding the fire and that he may have been murdered.

23. It was not the role of the Committee to inquire into the cause of Ben's death. The nub of this case for the Committee is whether the then Minister for Foreign Affairs and his Department made the right decision in not seeking the co-operation of Indonesian authorities in re-opening the investigation into the death of Ben Maresh. The then Minister and the Department have claimed that they did not have new evidence to put before the Indonesian authorities to justify seeking a re-opening of the case. That claim is based on a review of the investigations into this case by the Australian Federal Police, which came to a similar conclusion arrived at earlier by the Victorian Coroner.

24. Both the Victorian Coroner and the AFP Review returned open findings although they leaned towards accidental death. There is no doubt, however, that there are loose ends and inconsistent evidence in this case. The Maresh family has focussed attention on these factors. They also claim that information obtained by Mr Robert Maresh in his own investigations in Kupang has been disregarded by Australian and Indonesian authorities.

25. Senator Evans claimed that he could not ask his counterpart to re-open a case of a suspicious death unless he had a sound basis for making such a request. All of the Australian authorities which had reviewed the case came to the conclusion that there was no new evidence that would warrant seeking a re-opening of the police investigation. The Minister would rely to a large degree on the advice of Government authorities, especially in such a detailed and technical area. The Committee believes it is understandable and acceptable in the circumstances that the Minister would be reluctant to approach his Indonesian counterpart when the relevant Australian authorities had not supported such an approach.

The Case of Dr John Flynn

26. Dr Flynn was arrested by Indian authorities on his departure from India in June 1994 for allegedly taking with him a quantity of old coins. He was not brought to trial but given a two-year administrative detention. It was not until March 1996 that the High Court of India threw out all the charges laid against him. Dr Flynn claimed that DFAT and the Australian High Commission in New Delhi did not do enough to help him.

27. Although the tempo of Government representations on behalf of Dr Flynn increased significantly from about mid 1995, the Committee considers that not enough was done before then to support Dr Flynn. The Committee believes that many justifiable complaints lodged by Dr Flynn against the Indian authorities were not addressed by the High Commission or DFAT with the degree of seriousness which they deserved, particularly in view of Dr Flynn's age and medical condition.

Acknowledgments

28. The Committee wishes to express its appreciation to all those who made submissions and gave evidence during the inquiry. In particular, we thank those family and friends who gave evidence about difficult and tragic events. The Committee also appreciates the contribution of the Department of Foreign Affairs and Trade in providing detailed submissions, responses to other evidence and answers to questions on notice.