Transcript of interview with Metro TV

Bali, Indonesia

Subjects: Montara oil spill, Wikileaks, trade, Bali Democracy Forum, ASEAN

Transcript, E&OE, proof only

9 December 2010

METRO TV: Your Excellency thank you very much for your time.

KEVIN RUDD: It's good to be on your program.

METRO TV: On November 19, PTTEP Australasia released initial findings of an investigation into the incident and reported that no oil reached the Australian mainland or Indonesian coast, while the Indonesian Government has evidence that proves otherwise. What is Australia's stance on this and what kind of sanctions will be imposed against the oil company?

KEVIN RUDD: Well the first thing we'd say is that the facts of this should be finally determined between the parties themselves. We have produced a report from our technical authorities and it is as you have described. But if our good friends of Indonesia have a different set of facts then they should be tested. Of course Indonesia has it open to it to take whatever legal action it wishes against the company concerned and that is entirely within Indonesia's legal rights. But then the court procedures would then establish the facts based on the technical reports that have been done. I think that is the right way in which these things should be handled.

METRO TV: Following the report of the Montara Commission of Inquiry, what steps will the Australian Government initiate to prevent this oil spill from ever occurring again?

KEVIN RUDD: The Minister for Resources and Energy, Martin Ferguson, has taken this matter most seriously. He has examined carefully the recommendations from the report and his response in all of its detail will be released over a period of time. Obviously measures need to be taken to ensure that companies who may lack necessary experience, who may lack necessary experience, are screened and vetted before they undertake sensitive sub-sea mining activity of this nature.

I say that without prejudice to this company's particular circumstances, but I believe we must learn from this, all of us must learn from this. There is so much sea drilling underway around the world at present, and these are very precious marine resources for us all that we have to be very careful.

So the recommendations have been examined carefully by Minister Ferguson, and his full and comprehensive report in terms of recommendations to be implemented will of course be released over a period of time.

METRO TV: The Indonesian Minister of Transportation Freddy Numberi who heads the Indonesian team handling the fallout from the oil spill has demanded PTTEP Australasia to pay damages in the amount of USD 2.4 billion. How will the Australian Government respond if PTTEP Australasia doesn't pay up and the Indonesian Government brings the case to the International Court of Justice by the December 16 deadline?

KEVIN RUDD: Well firstly it's a matter for the Indonesian Government with the company itself. These are ultimately commercial responsibilities of the company concerned. As for the general legal rights of our friends in Indonesia, that is a matter for them to pursue.

We in Australia believe that the facts are really important. None of us should ever run away from the facts whatever they are. But let's handle this matter in a sensible, rational, systematic way. As I said, the legal responsibility here is borne by the company itself and beyond that I don't think it's worthwhile to engage in any other hypothetical discussions.

METRO TV: Wikileak's Assange's London-based lawyer Jennifer Robinson said the Australian whistle-blower would likely resist being returned to Sweden for fear he could be turned over to the United States. But has Assange, who is an Australian citizen, broken any Australian laws by leaking the US diplomatic correspondence online? If so, could he face being extradited to Australia?

KEVIN RUDD: The first point is this. Australia, like so many governments around the world, condemns the unauthorised release of sensitive, classified, confidential diplomatic documents and the reason for that is very simple; Diplomacy is based on confidential communications between states and when that principle is breached, we have a problem. And that principle has been breached in this case.

Secondly, as far as Mr Assange is concerned, yes he is an Australian citizen. Our obligations to Mr Assange are, first and foremost, on the matters for which he appeared in court on in London in the last couple of days, is to provide him with consular assistance and support as well as to ensure that he has continued consular visits from Australian officials in London. That is underway to guarantee his wellbeing, his welfare and that he has effective and adequate legal representation.

On the other matters concerning Australian law that you raised, the Attorney-General of Australia Mr McClelland has already requested the Australian Federal Police to examine any possible breach of Australia's criminal laws by this individual. And, if so, then of course appropriate recommendations will be made by the Federal Police to the Department of Public Prosecutions in Australia, and of course then it will be a matter for the courts. In our country that is entirely a police and judicial process at total arms' length from the political arm of the Australian Government, and that is as it should be. We are a nation of laws. We believe in the laws being impartially administered in relation to any citizen of Australia whatever they may be charged with, or whatever they may be charged with in the future.

METRO TV: Talking about Australia's Federal Attorney-General Robert McClelland, he told a news conference on December 6 that the Government would not comment on Wikileaks publications involving Australia. How do you respond to those who may see this decision as Australia playing safe or saving face?

KEVIN RUDD: I think the consistent response by many governments around the world, including the Government of the United States, is not to comment on either the content or the accuracy of any of the confidential diplomatic communications which have been released in an unauthorised manner, over recent weeks. And that is our policy. That is the policy of many governments around the world, including the Americans.

And again the principle at stake is this — if you are engaged in the business of diplomacy the principle is the protection of the confidentiality of diplomatic communications between States not to discuss them publicly. And if we are being consistent with that principle, it applies to whether or not we comment on the substance of the content or the accuracy of those cables and those claims contained within them which have been released in recent times.

METRO TV: I heard that Australia is facing several floods recently. Indonesia remains the biggest buyer of Australian wheat, taking 2.2 million tonnes in nine months as of June 30. There are concerns that the flooding of Australia's eastern and northern states which has devastated wheat and sugar cane crops will drive up the global price of these staples. What is the Australian Government doing to tackle this problem?

KEVIN RUDD: Well, you see, one of the things about Australia is that it is a vast continent.

We also have Western Australia which grows wheat as well. And its climatic circumstances are different from eastern and northern Australia. Similarly with South Australia, another wheat growing area of our country. The reality is that climatic conditions affect commodity prices, food commodity prices worldwide. They always have done and they will continue to do so in the future. But given the vast size of our continent, I am confident that we will continue in the future to be a reliable supplier. But it's quite wrong for any politician to give any future prediction of price that is always changed in the past, depending on supply and demand, and it will always change in the future, depending on supply and demand as well. But we will always do our absolute best by our friends and customers in Indonesia.

METRO TV: Now, the Bali Democracy Forum, how do you think Australia can contribute to promoting democratic values in the region especially to those countries who are facing difficulties in applying democratic principles?

KEVIN RUDD: Well, our view is that democracy is a universal value. Obviously democratic institutions will differ from one country to another depending on local cultural factors and local history. That is normal, natural, desirable to entrench the universality of the democratic ideal. The good thing about the Bali Democracy Forum is that it has a leading country of Asia, that is Indonesia, now providing leadership across the Asian continent about this democratic ideal, and about this practice of democracy. And it is far better that we have someone of President Yudhoyono's standing and a country of Indonesia's status doing this in our wider region than, for example, Western countries always simply preaching to other countries about their democratic deficit.

We in Australia will always speak up for democracy and human rights, but what is good about this Bali Democracy Forum is that we have a developing country, the biggest Muslim country in the world, one of its newest democracies, out there leading the charge. This is a very good thing. And in our own modest way we will support the work of the Institute for Peace and Democracy here in Indonesia which underpins the work of the Bali Democracy Forum.

METRO TV: Indonesia is going to head ASEAN next year. What are your hopes for Indonesia to achieve in its time as chairman?

KEVIN RUDD: Well, I've had a good discussion today with President Yudhoyono about this question. I think it is a very good thing not just for ASEAN but for the region as a whole that Indonesia is the chair of ASEAN in 2011. We have many regional challenges, not least of which is developing, through the East Asia Summit, confidence and security-building measures for wider East Asia. We've now had America and Russia join the EAS. President Obama will be here in Indonesia next year, as will President Medvedev. This is good. But with President Yudhoyono in the chair, I believe we can make some strong, bold, effective, practical first steps in creating rules of the road for the confidence and security-building measures of our region, rules of the road in terms of the predictability of security policy and behaviour, transparency of military budgets etc. This will be a slow process but I am confident that Indonesia will provide great leadership.

END

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