The Antarctic Treaty

One would assume that an organisation entitled the 'Australia Strategic Policy Institute' would be a government body or a body at least having Australia's strategic interests at heart.

But its director, Dr Anthony Bergin, with a title one would assume would be capable of research, has written an article for Fairfax media supporting Japan's strategic interests.
Bergin's article: 'Ban Protest Vessels from using our Ports' dated 16th January 2010 in The Age and duplicated in the Sydney Morning Herald - (Fairfax empire privilege) sides with the Japanese whalers and calls on the Australian Government to support Japan in denying protesters access to Australian ports. Perhaps Dr Bergin should take up residency in Tokyo.

If Dr Bergin were respectful of the democratic rights to protest we have in Australia and recognised the Japanese incursion in Australia's whale sanctuary in the Southern Ocean, and respected the existence rights of whales, then perhaps his article for Fairfax would have instead read like this...

The Australian Government has been far too even-handed in its statements about the reckless actions of the Japanese whalers trespassing in the Southern Ocean in breach of commercial whaling prohibitions.

By not condemning this annual intrusion by Japanese ships undertaking commercial whaling, Australia is in effect acquiescing in illegal poaching of whales, while Sea Shepherd does Australia's naval monitoring of illegitimate Japanese whale poachers.

Harassment will not change Japan's position on whaling. And not condemning these Japans actions is counterproductive for Australia trying to secure its protection of endangered whales with the International Whaling Commission.

Australia could legitimately take Japan to court and hold Japan in breach of the Antarctic Treaty at the next meeting of the commission in Morocco in June. Australia could legitimately and formally demand Japan to cease its whaling actions immediately.

Given the public interest in these matters, the Australian Government has sensibly asked the Australian Maritime Safety Authority to examine the recent events in the Southern Ocean. But it is hard to see how, on any reading of the Convention on the International Regulations for Preventing Collisions at Sea, that the ramming of the Sea Shepherd vessel by the Japanese whaling vessel, could argue his actions were in compliance with it. The Ady Gill was stationary in the water at the time of the ramming and no action was taken by the Japanese whaling vessel to avoid a collision.

To demonstrate that Australia does not support the activities of the Japanese whalers, the Australian Government should ban the entry of its vessels into Australian ports.

In deciding whether to grant consent to vessels to enter its ports, a state is free to impose conditions as it wishes - access to a port of a state is a privilege, not a right. Australia banned port access to Japanese fishing vessels in 1998 when Japan would not agree on a total allowable catch for southern bluefin tuna in the Commission for the Conservation of Southern Bluefin Tuna. The port access ban was lifted in mid-2001. Why? It is an offence under the Environment Protection and Biodiversity Conservation Act for a whaling vessel to call at an Australian port unless the master has written permission from the environment minister to bring it into the port.

If the Federal Government is serious about ending whaling and shifting the Japanese Government's position - one that has hardened in response - it should directly monitor all whaling activities in the Southern Ocean, follow through on its promise to take legal action against Japan, ban all whaling vessels from Australian ports and ban all use of aircraft from Australian airports for use by Japanese whalers.

Dr Anthony Bergin needs to continue his research and then get back to us with what he has learnt.

In true Ruddism style (hollow popularism) Australia is domestically making noise while doing squat to resolve Japan's state-sanctioned slaughter of endangered whale species or to ethically stand up to an illegitimate foreign aggressor. So year on year, Greenpeace's Sea Shepherd does the dirty work of another Australian government.
So why should Hollywood not sponsor the Sea Shepherd's costs?

Japanese whalers, tens of thousands of miles south of Japan in Australian Antarctic waters and seriously outside any feasible extension of what may constitute 'traditional' Japanese hunting grounds, try to argue on the one hand that:

(1) whaling is a cultural tradition practiced by the Japanese for centuries and so have an inherent right to continue this tradition, then on the other that
(2) Japanese whale hunting is purely scientific

Combined, the two justifications expose the motive as a prima facie fraud and as one more important that the mainstream media have realised. Japan's justifications for whaling are not commercial and not scientific. They are culturally deep and desperately self-preserving, despite being wrong, wasteful and backward.

Proud Japan's once mighty economy overtaking the west through the 1970s and 1980s reached it's inevitable bubble, but the Japanese rebirth in pride since humilating defeat in World War II, could not foresee a second cultural failure.

But when the Japanese real estate and stock price bubble burst in 1990, immediate nation-wide shock and depression ensued lasting throughout the 1990s, which now has been acknowledged as Japan's Lost Decade. Worse for Japanese pride has been its once globally accepted and admired business management practices that have consequently fallen into disrepute internationally. These include Japan's once acclaimed Kaizen management practice, market first product focus, Genbutso Genba (facts, figures and check) learning from competitors, and Hoshin Kanri (process management). So right now, Japanese pride is at an ebb one could say. Then to hammer the nail into the coffin, Japan has seen its historic arch rival, China, recently replace and exceed Japan's economic success.

How is Japan's cultural pride relevant to Japan's whaling activities in the Southern Ocean? Well let's investigate the facts.

Japanese whalers, tens of thousands of miles south of Japan in Australian Antarctic waters and seriously outside any feasible extension of what may constitute 'traditional' Japanese hunting grounds, try to argue on the one hand that (1) whaling is a cultural tradition practiced by the Japanese for centuries and so have an inherent right to continue this tradition, then on the other that (2) Japanese whale hunting is purely scientific - is an exposed prima facie fraud.

Founder and President of Sea Shepherd Conservation Society, Paul Watson, provides an historical synopsis of the Japanese 19th Century commercial interest in whaling in his article of 27 June 2006 'The Truth about "Traditional" Japanese Whaling':

"In the 1890's Japanese man, Jura Oka, made his way to Norway, the Azores, and Newfoundland to study whaling and learn of the commercial rewards. Oka then formed the first Japanese whaling company Hogei Gumi with one vessel, the Saikai-maru, and killed a total of three whales. In 1908 the Nihon Hogeigyo Suisan Kumiai was established (Japanese Whaling Association) with Jura Oka as the first President. In 1908 the association's 12 companies with a total of 28 whaling vessels killed 1,312 whales. The average kill for the next 25 years would be around 1,500 whales.

...The 1930's became the greatest decade of whale slaughter in history. In 1931, 37,438 blue whales were massacred in the Southern Oceans. Japan sent its first ships to Antarctica in 1935. The sale of whale oil helped to finance the invasion of Manchuria and China. In 1937 alone, more than 55,000 whales were slaughtered yielding 3 million tons of animals."

Post World War II, America's General Douglas MacArthur, encouraged the revitalisation of a defeated and demoralised Japan.

"In 1946, General Douglas MacArthur proposed the creation of a Japanese whaling fleet to secure protein for the conquered Japanese people. He did so in order to cut down on the United States' costs of transporting food to post war Japan. On August 6th 1946 MacArthur signed the directive authorizing two factory ships and twelve catcher boats to begin whaling in the Antarctic for the 1946-47 season. The deal was that Japan would get the meat and the oil would be turned over to the United States. The United States provided $800,000 in fuel for the ships and received over 4 million dollars in whale oil in return.

The two ships sent down to Antarctic waters were the Hashidate Maru and the Nishin Maru."

Do these vessel names sound familiar?

"The brutal killing of whales has become an icon for the Japanese identity. This is not unusual. Japan has always closely identified with blood and slaughter. From the decapitations by the Samurai upon innocent peasants to the suicidal insanity of the Kamikaze, violence and self destruction have been a part of Japanese culture."

- - - - - -

With Japan's Samurai culture castrated, its military culture castrated, its economic miracle failed, what pride can traditional Japanese otherwise cling to?

Few eat whale meat in Japan. The scientific research of whales is only an excuse so that that Japan can claim to be technically complying with the Antarctic Treaty. But the activity is one of lost Samurais with no other quest. It's all really quite sad for Japan and symptomatic of a once proud people having become culturally lost.

The Antarctic Treaty

The original Parties to the Treaty were the 12 nations active in the Antarctic during the International Geophysical Year of 1957-58. The Treaty was signed in Washington on 1 December 1959 and entered into force on 23 June 1961.

The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, recognizing that it is in the interest of all mankind that Antarctica shall continue for ever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord.

The now 47 Antarctic Treaty nations represent about two-thirds of the world's human population.
Article I
1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measure of a military nature, such as the establishment of military bases and fortifications, the carrying out of military manoeuvres, as well as the testing of any type of weapon.
2. The present Treaty shall not prevent the use of military personnel or equipment for scientific research or for any other peaceful purpose.

Japan has deployed military personnel on two security vessels sent to protect its Antarctic whaling fleet from intervention by the Sea Shepherd conservation group's flagship, Steve Irwin , its skipper Captain Paul Watson said.

The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is the body responsible for the conservation of marine resources in the Southern Ocean.  It is supposed to regulate the harvesting of, or research into, all living organisms that are found in the marine environment within the Convention that implements CCAMLR.

Protecting Antarctic Wildlife

Guidelines for visiting the Antarctic include ensuring that "wildlife and vegetation are not disturbed".