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Right: Tourists in many countries, including this group in the Philippines, could be targeted for abduction by one or other of the many rebel or criminal elements bent on getting ransom money. Australian officials have been quoted as saying that their resources were too limited to "bail out" every tourist in trouble.


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Arguments in favour of the manner in which the Australian government handles hostage situations

1. The Australian government adheres to international protocols in not paying ransoms
The Australian government's policy of not paying ransoms is in accord with that supported throughout the international community.
The United Nations has denounced hostage-taking and expressed its objection to the payment of ransoms.
The United Nations General Assembly adopted the International Convention against the Taking of Hostages on 17 December 1979, which entered into force on 3 June 1983. It requires member states to make hostage-taking an offence punishable by appropriate penalties and to take all appropriate measures to ease the situation of hostages and to facilitate their release.
The United Nations General Assembly adopted the International Convention for the Suppression of the Financing of Terrorism on 9 December 1999 . The convention, which entered into force on 10 April 2002, recognises the urgent need 'to enhance international cooperation among States in devising and adopting effective measures for the prevention of the financing of terrorism as well as for its suppression through the prosecution and punishment of its perpetrators'.
Australia is a party to this convention and as such the payment of a ransom in relation to an Australian citizen kidnapped overseas could raise issues about compliance with the convention.
In accord with these United Nations conventions, Australia has taken the necessary measures under its domestic legislation to establish criminal offences relating to kidnapping, the financing of terrorist activities and to make those offences punishable by appropriate penalties.
The Australian government would consider paying a ransom in breach of its international obligations and an offence under Australian law. (It has similarly been argued that any other individual paying a ransom may be considered guilty of providing financial support to terrorists.)
The Department of Foreign Affairs and Trade has stated, 'The no ransom policy remains the cornerstone of our approach. It has been the consistent policy of successive Australian governments and is shared by our likeminded consular partners-namely, Canada, New Zealand, the United Kingdom and the United States.'

2. Paying ransoms encourages further kidnappings
The Australian Government's key policy in relation to the kidnapping of Australian citizens overseas is that the government does not pay ransoms.
This policy is made clear in Department of Foreign Affairs and Trade's 'General Advice to Australian Travellers', made available on its Smartraveller website. The advice states, 'The Australian Government's longstanding policy is that it does not make payments or concessions to kidnappers. The Australian Government considers paying ransoms increases the risk of further kidnappings.'
The Australian government acknowledges that kidnap for ransom can be a lucrative undertaking and the payment of ransom by any party creates an incentive for individuals and groups to engage in kidnapping. The government's prime rationale in not paying ransoms is to avoid creating any incentive for Australian citizens to be kidnapped. The Department of Foreign Affairs and Trade has stated, 'To do otherwise would only encourage the kidnapping of Australians and the kidnapping-for-ransom business more generally.'
This policy has generally been supported by kidnap victims. Kidnapping victim, Nigel Brennan, has stated, 'In the press it has been construed that I expected the Australian government to pay a ransom. That is actually incorrect. Even before being kidnapped, I did not expect the government to pay a ransom, as that endangers the lives of other Australian citizens.'
Mr Brennan's sister, Nicole Bonney, has also written, 'In reality we would agree that governments should not pay ransom as it encourages the practice; however, we are aware that some governments do exactly this.'
Another relation of a kidnap victim has stated, 'The merest hint that the Australian government may become involved in the ransoming of kidnap victims makes me apprehensive, because of the perception in the minds of some people that this is an indication that any ransom will be underwritten by our government, rather than an impecunious foreigner.'

3. The Australian government supports families as much as it can
The Department of Foreign Affairs and Trade has maintained that it both aware of the needs of families in hostage situations and offers all the support it can.
In a submission made to the 2011 Senate inquiry into the Australian government's handling of kidnappings, the Department stated, 'Communicating with, and providing information to, victims' families is one of the most important roles for consular services in emergencies such as kidnappings.
Families learning of the kidnapping of a loved one experience a range of emotions-shock, anguish, frustration and confusion-which continue as the days, weeks and in some cases months pass. Naturally, throughout this ordeal, they will feel as though they have no control over the situation. Their distress, grief and sense of helplessness will affect the way they relate to others including the consular and police officers involved in the kidnapping situation. Assisting the family through this traumatic period requires special skills and careful attention.'
The Australian government has rejected the characterisation of it offered by Nigel Brennan and his family as unsupportive during Mr Brennan's kidnapping.
A spokesperson for the Foreign Minister has stated, 'Mr Rudd respects the courage and the tireless efforts of the Brennan family in securing the release of Nigel Brennan.'
The Prime Minister's office has further stated, 'As prime minister, Mr Rudd was regularly briefed on the case by then foreign minister Smith and officials, both in writing and in person. Because of its importance, the case was also reviewed by National Security Committee of Cabinet. Mr Rudd was actively involved in these discussions and decisions together with the responsible minister and officials.
Action by the government included a taskforce of up to ten officers from the AFP, the ADF and DFAT deployed to the High Commission in Nairobi to assist with efforts to secure Nigel's release (Nairobi Taskforce), and a separate taskforce of DFAT officers in Canberra working exclusively on the case (Somalia Taskforce).'

4. The Australian government co-operates with the media in order to keep information from the kidnappers
In its submission to the inquiry, Department of Foreign Affairs and Trade explained its approach to media and publicity in kidnapping cases, 'In most kidnapping cases, it is helpful to keep the situation out of the public eye as far as possible. This assists in managing the kidnappers' expectations of a ransom: kidnappers will routinely monitor media, particularly reports of public and government comment on a case, to gauge the response to their demands and whether there is pressure on the government to comply.
Rather than attempting to enforce a media blackout, cooperation with media outlets and providing an explanation of the merits of this approach is genuinely effective. This voluntary media self-censorship has been applied in other countries' cases as well.'
This position has been endorsed by the current Opposition leader, Mr Tony Abbott. Mr Abbott has stated, 'A human life is in the balance and I think the less public commentary the better.'
5. The situation in the country where an Australian is held captive may limit the government's capacity to achieve a release
Kidnappings often occur in areas experiencing economic and political turmoil, where law and order is weak and corruption is widespread. Kidnappings also often occur in jurisdictions where Australia has little or no diplomatic or official representation. The avenues for direct intervention may be too dangerous or attempts to exercise diplomatic influence may be unproductive.
A hostage situation involving an Australian citizen overseas presents many challenges for the government. The Department of Foreign Affairs and Trade has stressed that any response will be determined by the circumstances prevailing in the individual situation.
The Australian government has also indicated that Australian citizens have a responsibility not to travel in countries where they are likely to be held to ransom. A Herald Sun editorial published on January 6, 2012, stated, 'An exasperated secretary of the Department of Foreign Affairs and Trade, Dennis Richardson, recently warned Australian travellers that overstretched consular officials could not bail out every traveller, given the sharp rise in adventure tourism and an apparent willingness by Australians to ignore travel warnings for the world's "no go" danger zones.'