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People-smuggling.(Letter to the Editor)
SIR: We must thank Chandran Kukathas for his tongue-in-cheek article on "The Virtue of People-Smuggling" (September 2003). It was, presumably, intended to make people think why people-smuggling is wrong.
There are three phases: getting people out, transporting them, and getting them in. Few would regard getting people out of an oppressive regime as bad, and even the oppressive regimes are usually quite happy to see "asylum seekers" go. The other two phases are the crunch.
Almost invariably, unless people are smuggled across a land border, transport by ship is required. This is where international law is contravened. Smugglers use passenger ships which do not comply with the International Convention on the Safety of Life at Sea. (A passenger ship is any ship on an international voyage carrying more than twelve persons other than the crew.)
Passenger ships have strict construction and equipment requirements. Manifestly, none of the passenger ships carrying 200 or more passengers from Indonesia to Australia have complied with the requirements. Had the SIEV X complied, it is probable it would not have sunk, but if it had sunk there would have been ample safety equipment for the passengers, ample time for a distress call to be sent, and the loss of life would most likely have been nil.
In effect, people-smugglers--at least as far as those attempting to bring people to Australia are concerned--are either potential, or actual, murderers. This is good enough reason for disliking them and calling it an "evil trade". This covers the breaking of "international law" of which Chandran Kukathas is not aware.
With regard to bringing persons into Australia, in very few instances have people-smugglers brought their passengers before Australian law. In almost all cases, they have landed, or attempted to land, their passengers on deserted beaches ...
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