Right: Australian Nigel Brennan and Canadian Amanda Lindhout endured many months of captivity until their families, aided by politician Bob Brown and businessman Dick Smith, disregarded government advice and made their own arrangements to pay the Somalian kidnappers a ransom.
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Arguments against the manner in which the Australian government handles hostage situations
1. The government's policy is too inflexible
Though few appear to be arguing that the Australian government should automatically pay ransoms, there are those who argue that the current policy is too inflexible. That is, they maintain, not only does the government not pay ransoms, it also does not negotiate, nor assist others who might wish to do so. In this, it is claimed, it is largely leaving the unfortunate kidnap victim to his or her fate.
A former kidnap victim, Mr Nigel Brennan, has stated, 'It is blindingly clear to me the Australian government's current "no ransom, no negotiation" policy must be changed...
To do nothing, as is the Australian government's policy now, is to condemn the next Australian hostage to death. That cannot be a rational, sensible or morally defensible Australian government policy.
By offering the kidnappers no hope of receiving any payment for keeping the kidnapped person alive and returning them home safely, the kidnappers have no incentive to do so.'
Mr Brennan has claimed that the Department of Foreign Affairs and Trade was reluctant to be seen to negotiate on behalf of the family and, as such, it adopted what he called a 'do nothing policy (which) added over a year to my captivity'.
It has been suggested that though the Australian government may not wish to offer ransoms or negotiate, it could help to make it possible for families and others connected with kidnap victims to make contact with experts who can act on their behalf.
An editorial published in The Sydney Morning Herald on January 6, 2012, stated, 'Canberra could take a more supportive approach. While the government is right to refuse to use taxpayers' money to pay ransoms, victims and their families should be assisted in making contact with experienced international security firms which can provide expert third-party negotiators and advice. It is not governments that should solely determine the handling of a kidnapping case. A "no ransom" policy need not be at odds with officials assisting family, friends and supporters in doing anything they believe can help secure a kidnap victim's safe release.'
2. The government does not communicate adequately with families
Another recommendation called for better communication between the government and the victim's family and the media.
Former kidnap victim, Mr Nigel Brennan, is strongly critical of Mr Stephen Smith, the Australian foreign minister and Mr Kevin Rudd, the former prime minister, both of whom he said refused to respond to his family's letters and phone calls.
'[Mr] Smith was tardy, dissembling and eventually blatantly dishonest to my family in regards to the official Australian-Canadian Government strategy, which was in play in late December 2008,'' Mr Brennan has written in his submission to a Senate inquiry.
Mr Brennan has also specifically criticised the then prime minister, Kevin Rudd. Mr Brennan has stated, 'The prime minister ignored the family during the entire time I was held captive until my mother confronted him in Bundaberg on the 23rd July, 2009. At that time he told my mother that he had "spent more time on my case than any other in the past year", though then he could not recall my name.'
Mr Brennan has further claimed that the Department of Foreign Affairs (DFAT) refused to hand over information to the private contractors his family had hired. 'They said it was because of security concerns... By not having that information it probably prolonged my time held hostage.'
3. The government does not give families sufficient support
It has been claimed that the Australian government gives the kidnap victims' families inadequate administrative support and does not keep them informed.
With regard to the withholding of information from families, a separate submission to the 2011 Senate inquiry from Nigel Brennan's family accuses the government of trying to keep the family 'in check' by not fully informing them of events.
The submission states, 'The Brennan family suspects that the general opinion of the government was that of the Brennan family being dumb, uneducated farmers and accordingly [that they] should be kept ill-informed and ignorant of Nigel's situation and the situation in Somalia.'
Mr Brennan noted that no government agency explained to him or his family which departments or agencies, aside from DFAT and the AFP, were involved in the operation, how they interacted and coordinated their activities, their role, functions and strategies.
The Brennan's have also claimed they were given conflicting advice by different government agencies. Mr Brennan has stated that DFAT made clear that it would not pay a ransom or facilitate a ransom while, at the same time, the AFP was asking his family 'its net worth and was telling them to liquidate assets to pay a ransom.'
Mr Brennan's sister, Nicole Bonney, stated that on day seven of her brother's incarceration, the family received a directive through the AFP negotiators stationed in the family home 'to acquire as much instant cash as possible'. Such action directly contradicted advice given to the family 'clearly and repeatedly that the Australian government does not pay ransoms'.
Kidnap victims have also argued that exceptions need to be made under the Australian criminal code which would make it possible for families to pay ransoms. Former kidnap victim Dr Donald Wood has questioned why 'relevant provisions of Australia's Criminal Code...make no allowance for exceptional circumstances such as a family member's kidnapping for ransom'.
Dr Wood argues that in circumstances such as his family's, 'the Australian Criminal Code should not imperil citizens initiating action with their bank, reasonably, openly and in good faith, to withdraw or transmit their own money.' Dr Woods has suggested that a clause be inserted in the legislation that would 'allow a government minister or delegate to authorise a bank in special cases to do what the Code would ordinarily prohibit'.
4. The government deals poorly with the media
Some critics have argued that the Australian government's usual attempts to keep the media's treatment of kidnappings to a minimum may actually act against the kidnap victims.
Bob East, from the University of Southern Queensland, who has written a PhD dissertation and other research papers on the insurgencies in the southern Philippines, has argued that the media should be free to report all aspects of the kidnapping.
Dr East has stated, 'If the kidnappers believe their hostage is unimportant then his chances of survival are indeed minimal. After all, if the prime reason for the kidnapping is profit, and there is no profit to be made, then there is no point in keeping their quarry.'
A more open approach was supported by The Herald Sun in an editorial published on January 6, 2012. The editorial states, 'If the kidnappers are aware their demands are being considered, there is less likelihood they will harm their hostage...
The Herald Sun therefore encourages the Gillard Government to keep the public as well as Mr Rodwell's family better informed.'
A spokesperson for the Australian Federal Police has also stated that some media coverage of overseas kidnaps can act as a valuable warning to other Australians travelling in different countries.
The AFP spokesperson stated, 'If it is general media covering the incident, it can indeed be useful to warn others of a similar fate, particularly where there are travel warnings put out by DFAT in relation to particular countries...So there can indeed by some value in the coverage of cases.'
There are also those who have argued that the Australian government makes little use of the media in hostage cases in part as a means of protecting its agencies from criticism. Nicole Bonney, Nigel Brennan's sister, 'DFAT appears to have an adverse reaction to media especially if it appears to reflect badly on DFAT who it would appear endeavours to shut it down to save face. Yet DFAT used the guise of safety of the hostages to achieve this aim.'
The 2011 Senate inquiry, looking at the Australian government's handling of kidnap cases, accepted that there was room for improvement in the government's dealings with the media. One of the inquiry's recommendations states, 'That DFAT examine ways to improve its relationship with the media when dealing with a kidnapping situation and how it explains its media strategy to media organisations and family members at the outset of a crisis.'
5. The government does not have sufficient expertise
There are those who have argued that the Australian government needs to develop greater expertise in dealing with international kidnappings. Others incompetence of the Department of Foreign Affairs and Trade means that the government should facilitate the passing on of these cases to trained professionals.
A 2011 senate inquiry into international kidnapping and the Australian government's response included among its recommendations a call to provide specially trained personal to respond to incidences such as overseas kidnappings. It recommended the development of a whole-of-government coordinating group and made a series of further recommendations to ensure that this group had appropriate expertise.
Included in its recommendations are 'regular meetings and keeping up-to-date with global developments in kidnapping and hostage taking; ... ensuring that there is a pool of specially trained personnel across all relevant agencies ready to respond to an incident such as a kidnapping abroad;... the training of ... [a] pool of specialists that places a high priority on continuous improvement in interagency coordination and cooperation through joint training programs and workshops...'
The senate inquiry also recommended that the government assist families who wished to contact professional kidnapping consultants. This course has been supported by a number of kidnap victims. Former kidnap victim Nigel Brennan stated, 'The government needs to recognise that they don't have the experience and they should be passing negotiations on to kidnapping companies.'