[Australia]: Message to Sweden [SEC=OFFICIAL]

[Owen]

​

ATTORNEY-GENERAL​

SECURITY CLASSIFICATION: OFFICIAL​

4 September 1999​

Dear whom it may concern, I am writing this letter to give you formal notice of the Australian Government's intentions to claim the Antarctic continent between 44°38'E to 136°E and between 142°E and 160°E comprising of Enderby Land, Kemp Land, Mac. Robertson Land, Princess Elizabeth Land, Kaiser Wilhelm II Land, Queen Mary Land, Wilkes Land, George V Land and Oates Land. In addition, Heard Island and the McDonald Islands shall also be claimed. This is persuant to Chapter I Article 3.1.a. of the Resolution on Antarctica. In reference to Chapter II Article 2.2.a.ii. with the power vested in me and the Cabinet by the representative of Her Majesty The Queen, the Governor-General of Australia, the Head of State of the Commonwealth of Australia is hereby declaring a formal expression of interest in the former Australian Antarctic Territory. As stipulated by the resolution, Sweden must respect the process of negotiation. In reference to Chapter II Article 3.1.iii. with the power vested in me and the Cabinet by the representative of Her Majesty The Queen, the Governor-General of Australia, the Head of State of the Commonwealth of Australia is hereby declaring a formal expression of interest in the former Australian territory of Heard Island and the McDonald Islands. As stipulated by the resolution, Sweden must respect the process of negotiation. In accordance with Chapter II Article 1.1., "The Kingdom of Sweden vows to distribute current sovereign territory in respect of historical Antarctic claims of nations represented in the Global Assembly or who have expressed interest in Antarctica." As we are a formal member of the Global Assembly and have also expressed interest above, we expect the Kingdom of Sweden to "vow to distribute current sovereign territory in respect of historical Antarctic claims" in accordance with the Resolution. I appreciate your prompt reply. Yours sincerely, Nicola Roxon.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:	Required to be Encrypted:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Connor

 

[Connor]

Government of Sweden
Löfven Administration​

---

Dear Nicola Roxon,

Thank you for your correspondence in relation to territorial claim within Antarctica and the sub-Antarctic. The Kingdom of Sweden, since 1995, has had a key focus on the growth, development and protection of the Antarctic region; the foundation of our development being the internationally approved Resolution on Antarctica as you rightly quote in your correspondence. As you are aware, pursuant to international law, Heard Island and McDonald Islands and the land historically claimed as Australian Antarctic Territory is currently Swedish sovereign territory.

In keeping with the arrangements set forth in the Resolution of Antarctica we will respect the process of negotiation and we are happy for you to bring representation to Stockholm at your convenience to discuss this sensitive subject. Our department, established in 1997, remains the sole cabinet office responsible for Antarctic Affairs and in the name of King Carl VII Gustaf we retain the right in Swedish law to negotiate the return of territory in keeping with the core values of our kingdom. Our focus will be, and has always been, the welfare of the continent of Antarctica; a subject which will be key throughout the negotiation of return to Australia.

The negotiation process will take place before a board of justices from the Department of Antarctic Affairs appointed by the Department of Justice in accordance to Swedish domestic law. Our board will be the final deciding vote.

Your hearing will be held at Herkulesgatan 17, 111 52 Stockholm - this building is secure access and you will require travel documentation including diplomatic passports in order to gain access.

Regards,
Mattias Winblad
Secretary of Antarctic Affairs
Department of Antarctic Affairs
Kingdom of Sweden

Owen

---

TOP SECRET
Crown Copyright © Kingdom of Sweden
All information is subject to the Swedish Document Classification and Security Act 1995​

 

[Owen]

​

ATTORNEY-GENERAL​

SECURITY CLASSIFICATION: SECRET (Encrypted)​

4 September 1999​

Dear Mr. Winbald, I'll be making my way to Sweden momentarily. As the chief legal officer of the Australian Government I will be representing them. Currently your Immigration and Customs Service website states "For all enquiries please contact the Swedish Immigration and Customs Service direct, we apologise for any inconvenience caused." If you could please attach the relevant documentation that would be greatly appreciated. Yours sincerely, Nicola Roxon.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:	Required to be Encrypted:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Connor

 

[Owen]

​

ATTORNEY-GENERAL​

SECURITY CLASSIFICATION: SECRET (Encrypted)​

4 September 1999​

Dear Mr. Winbald, Whilst the court case is pending, we would like to negotiate the right to access Swedish Antarctic Territory for research purposes during the upcoming summer season. As we are nearby, have a sophisticated and well-respected Antarctic research sector, we think it is vital that we continue the work that needs to be in Antarctica, in accordance with the Antarctic Resolution. We will continue to move ahead with plans for visits to Macquarie Island and to conduct research their along with the Tasmania Parks and Wildlife Service, and I'm telling you this as a gesture of good faith and to be transparent, but our scope must be broadened beyond that one subantarctic island. Our Antarctic Division will be equipped and ready to go for the upcoming summer season. Yours sincerely, Nicola Roxon.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:	Required to be Encrypted:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Connor

 

[Connor]

Government of Sweden
Löfven Administration​

---

Dear Nicola Roxon,

In order to respect due process your request to take part in expeditions for research purposes in the Swedish Antarctic Territory, internationally recognised overseas territory of the Kingdom of Sweden, has been unconditionally denied. It has been made abundantly clear that the intention of the Australian government is to undermine and/or totally ignore the Resolution on Antarctica to a degree that has caused great concern to this department.

As previously explained we are responsible for the upholding of Swedish law in Antarctica and sub-Antarctic surrounding claims of which are clearly defined in the aforementioned resolution. On that basis your request to visit the Swedish Antarctic Territory in your most recent correspondence is being treated as an immigration request, temporary or otherwise, enabling me and my office the lawful power to decline your request without undermining the ongoing territorial negotiations ongoing via the Department of Justice processes.

Macquarie Island is not without our bounds of jurisdiction.

Regards,
Mattias Winblad
Secretary of Antarctic Affairs
Department of Antarctic Affairs
Kingdom of Sweden

Owen

---

TOP SECRET
Crown Copyright © Kingdom of Sweden
All information is subject to the Swedish Document Classification and Security Act 1995​

 

[Owen]

​

ATTORNEY-GENERAL​

SECURITY CLASSIFICATION: SECRET (Encrypted)​

4 September 1999​

Dear Mr. Winbald, I think you are making some wild accusations here. We are neither seeking to undermine nor ignore the resolution on Antarctica and I have made it abundantly clear that we will operate within the confines of the resolution. I think if we are to establish a greater, more truthworthy relationship you need to refrain from making accusations like that. Our Antarctic scientists are unarmed, will operate within the confines of Swedish immigration law and will be conducting solely peaceful activities. If it makes you that uncomfortable, we would propose a joint Swedish-Australian expedition to Antarctica with your own scientists. What do you mean Macquarie Island is not without your bounds of jurisdiction? If you are planning on enforcing Swedish law in Australian territory that is obviously a grave matter and would not be tolerated. Yours sincerely, Nicola Roxon.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:	Required to be Encrypted:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Connor

 

[Connor]

Government of Sweden
Löfven Administration​

---

Dear Nicola Roxon,

Allow me to correct a mis-type. Macquarie Island is not within our bounds of jurisdiction.

Regards,
Mattias Winblad
Secretary of Antarctic Affairs
Department of Antarctic Affairs
Kingdom of Sweden

Owen

---

TOP SECRET
Crown Copyright © Kingdom of Sweden
All information is subject to the Swedish Document Classification and Security Act 1995​

 

[Owen]

​

ATTORNEY-GENERAL​

SECURITY CLASSIFICATION: SECRET (Encrypted)​

4 September 1999​

Dear Mr. Winbald, To reiterate my earlier message that you didn't respond to: I'll be making my way to Sweden momentarily. As the chief legal officer of the Australian Government I will be representing them. Currently your Immigration and Customs Service website states "For all enquiries please contact the Swedish Immigration and Customs Service direct, we apologise for any inconvenience caused." If you could please attach the relevant documentation that would be greatly appreciated. I will be sending this letter every day until you reply with the correct documentation. You cannot and will not deliberately hinder this process. Yours sincerely, Nicola Roxon.

Parliament House, CANBERRA, ACT 2600 Telephone: (02) 6277 7700​

Protective Marking:	Business Impact Level:	Compromise of Information Confidentiality:	Required to be Encrypted:
UNOFFICIAL	No Business Impact	No damage. This information does not form part of official duty.
OFFICIAL	Low Business Impact	No or insignificant damage. This is the majority of routine information.
OFFICIAL: Sensitive	Low to Medium Business Impact	Limited damage to an individual, organisation or government generally if compromised.
PROTECTED	High Business Impact	Damage to the national interest, organisations or individuals.
SECRET	Extreme Business Impact	Serious damage to the national interest, organisations or individuals.
TOP SECRET	Catastrophic Business Impact	Exceptionally grave damage to the national interest, organisations or individuals.

Connor

 

[Connor]

Government of Sweden
Löfven Administration​

---

Dear Nicola Roxon,

I have liaised with the Immigration and Customs Service whom will provisionally approve the entry of your delegation for the duration of the negotiations; you will be chaperoned by officers of the National Security Office to ensure your safety throughout your visit. Please be under no illusion that this process is in any way required under international law - the extent of our legal requirements under the Resolution on Antarctica stopped at the point of informal negotiation whereby we refused the unconditional return of territory. We have chosen, outside the bounds of legislation, to make this process formal in the interests of transparency and equality.

Your correspondence is of no intimidation to me, my department or this administration. I must remind you that this process is managed by the Department of Justice and treated as a law court of sorts. Continued attempts to command your way through this process will be treated as intimidation of a juror or witness and suffer the relevant consequences as they would in any ordinary criminal or civil legal matter.

To be clear, these talks are in your interest, not ours.

Regards,
Mattias Winblad
Secretary of Antarctic Affairs
Department of Antarctic Affairs
Kingdom of Sweden

Owen

---

TOP SECRET
Crown Copyright © Kingdom of Sweden
All information is subject to the Swedish Document Classification and Security Act 1995​

 

[Owen]

​

"Men always hate to see a woman who will stand her ground." She would say reading the letter to her advisor.

The Attorney-General and her delegation of lawyers, witnesses and representatives would depart RAAF Base Fairbairn in Canberra onboard a Boeing 737BBJ operated by No. 34 Squadron of the Royal Australian Air Force. It would make refuelling stops at RAAF Base Cocos on the Cocos (Keeling) Islands and Dubai International Airport in the United Arab Emirates before landing at Stockholm-Arlanda Airport in Sweden. Onboard the aircraft the Attorney-General would sit around a table with her legal team to flesh out the Australian argument.

​

 

[Connor]

Meanwhile, at Stockholm Arlanda International Airport, preparation would be made for the VIP aircrafts arrival. The relevan scheduling changes would be made with air traffic control to ensure the arrival of the aircraft in a timely manner and movement to a secure apron where the delegation could disembark through a VIP terminal and towards the awaiting convoy of vehicles consisting of a single Chevrolet Express and two Volvo S80; all of which driven by National Security Office Diplomatic Protection personnel. The airport too would be scoured for security threats and the general public cordoned off from the arrival of the Australians, all of which secured by fully uniformed officers.

All arriving persons would undergo the normal legally required security checks.

Once the Australian delegation were safely on the ground the plan would be for the convoy of vehicles to make their way to the Herkulesgatan 17, 111 52 Stockholm where travel documentation would be verified prior to escort to the board hearing.

Owen

 

[Owen]

The plane would touch down at Stockholm. The Attorney-General and her team would exit the aircraft and make their way into the convoy. They would be taken to Herkulesgatan 17 to get their travel documentation verified.

Connor

 

[Connor]

All diplomatic staff would be guided through a metal detection arch where on-site security would confiscate electronic devices; they would be returned at the end of the session. Bags would go through a short x-ray machine for any contraband before an usher, dressed in the typical court gown, would guide the delegation through to the designated room. Their team would be advised to take a seat at the tables before the board which sat on an elevated stage before the room.

At the centre of the table sat a number of appointed justices, alongside a legal advisor.

The doors to the room would be sealed and locked shut, guarded by security personnel externally and hidden from public view. This prompted the usher to announce the court in session from the side of the room and one of the justices would begin to speak:

"Good afternoon and welcome to today's session which relates to the former Australian Antarctic Territory, now Swedish Antarctic Territory. We have here today to preside on behalf of the Swedish Department of Justice and Department of Antarctic Affairs for the argument to return the aforementioned territory to the Commonwealth of Australia. I will note for court record that this land is internationally recognised sovereign territory of the Kingdom of Sweden as per the Global Assembly Resolution on Antarctica; as such we, the justices, have been appointed the necessary powers by His Majesty the King of Sweden Carl XVI Gustaf to enact the appropriate decision for ascension to the crown for ratification and finalisation.

I will pass this over to the representatives of the Commonwealth of Australia to make their opening statement."​

Owen

 

[Owen]

The Attorney-General, Nicola Roxon, would rise.

"Thank you your honours.

I stand here at the chief legal officer of the Commonwealth of Australia. With me in my hand is a letter which was addressed on the 4th of September 1999 to the Secretary of Antarctic Affairs for the Kingdom of Sweden."

She would hold the letter in her hand.

"In this letter it outlines that we made a legal request, on behalf of the Governor-General of Australia, to the Swedish Government on that day requesting the return of the former Australian territories of the Australian Antarctic Territory and the Heard and McDonald Islands to the Commonwealth of Australia. This was consist and persuant with the Resolution on Antarctica which was passed by the Global Assembly in 1997. Specifically it refers to Chapter II, Article 1, Section 1 which states "The Kingdom of Sweden vows to distribute current sovereign territory in respect of historical Antarctic claims of nations represented in the Global Assembly or who have expressed interest in Antarctica." We are able to make this claim persuant to Chapter 2, Article 2, Section 2, Part a, Part ii and Chapter 2, Article 3, Section 1, Part a, Part iii. These sections outline the right to contact the Kingdom of Sweden for return and that it is in the interest of the Kingdom of Sweden to respect the process of negotiation.

Similar claims have been respected for both Argentina and the United Kingdom. The thing about both those nations is, they have not utilised the land at all or undertaken any expeditions or scientific research. Indeed, we have yet to see Sweden conduct any scientific research in Antarctica and it is most dissappointing. Antarctica cannot just be a land grab for the purposes of "look what I have that you don't". It needs to be used for good. We have ecosystems which need protecting, both in Antarctica and further abroad as many species migrate from Antarctica to Australia and to many places across the Southern Hemisphere. Of couse, not Sweden, because it is thousands of miles away in the Northern Hemisphere.

We are dissappointed that at the time of passing this resolution, Australia, which was a major stakeholder at the time, was not included in the Resolution for the return of its territory. The Resolution was designed for peace in Antarctica and here we are, two years later, still discussing this issue. It is the sole issue which stands in the way of a healthy and prosperous Swedish-Australia relationship, countries which have many things which bind us together but that this one issue, continues to divide. As apart of our federal Department of Sustainability, Environment, Water, Population and Communities we have a fully fledged Antarctic Division which conducts research and expeditions to Antarctica. Except it isn't. It is only conducting those missions to the Australian subantarctic island of Macquarie Island, formally apart of Tasmania and under the administration of the Tasmanian Parks and Wildlife Service. Most of our division is stuck in Hobart, conducting research from offices and not out in the field. The Swedish Government has been contacted over this matter and has already refused any research missions to Antarctica. We have no choice but to make this bid for our territory to be returned. For the good of Antarctica and the future of Antarctica, we must see the re-establishment of the Australian Antarctic Territory and the Territory of Heard Island and McDonald Island. This will ensure long term peace and stability, ongoing scientific research and the resumption of tourism, including those famous Antarctic sightseeing flights operated by Qantas and Air New Zealand.

Thank you."

She would take her seat.

Connor

 

[Owen]

Connor

 

[Connor]

"Thank you.

I have reviewed the letter extensively prior to this session in order to gain an accurate description of the intentions of Australia in respect to the continent of Antarctica. I have noted correspondence tendered by the Department of Antarctic Affairs which details the back-and-forth between your respective department in relation to the former Australian Antarctic Territory. It is worth noting for this sessions records that the former Australian Antarctic Territory was just that, a territorial claim of no formal legal standing, and moreover has since been deemed by decree of international law to be Swedish sovereign territory - this session today is a request by the Australian government and presumably the Head of State to request this land by removed from the Swedish realm, presumably permanently. On that basis, I'd like to request the Attorney-General present the relevant request from one crown to another, for this territorial claim?

Antarctica has been through much hardship and expeditions in the interest of research should be made with a detailed, sustainable plan to preserve the integrity of an otherwise desolate continent. The region has just seen the end of territorial conflict. Rightfully the Department of Antarctic Affairs works closely with British and Argentine territorial claimants to ensure it remain peaceful. On this note, your opening statement immediately strikes me with concern as it is littered with attacks against Sweden rather than constructive points of view to sway this panel. You are right in that Antarctica is not a medal, and we do not treat it as one, but it appears that the Australian government may be more interested in the historical prowess of having a chunk of this gorgeous continent rather than the scientific advantages they allege to seek.

The Global Assembly Resolution on Antarctica was brought for peace and the only reason we sit here and continue to dwell over the matter is purely and simply down to Australia - every other member state is at peace with the agreement, hence the majority vote. Every nation state was given the opportunity to vote and if the Australian government neglected their duty to be represented in an international chamber then you have only yourselves to blame for you inability to dispute the claim prior to ratification of the resolution.

So I tender further questions to the Attorney-General: has Australia made contact with the likes of the United Kingdom and Argentina to seek Antarctic research expeditions in their territory? what investment has Australia made towards the safe progression of research to gain the necessary experience to progress towards Antarctica?"

Owen

 

[Owen]

"Your honours, if I may..." She would rise again, hesistant because there was no clear outline about the procedures of.... whatever this was.

"I want to make it clear that at no point have we attacked Sweden, I think it would be appropriate if both of us maintained our cool and took criticism constructively. That is what I plan on doing.

It was outlined in the letter that this request was made on behalf of the Governor-General of Australia, with the executive power vested in Cabinet by the Governor-General, who exercises Head of State powers through the Constitution of Australia. This decision was made by the Governor-General-in-Council.

I am unaware of any contact that has been made with the United Kingdom or Argentina. Antarctica is a large continent and obviously we would like to see research conducted throughout, obviously our primary focus is on the side of Antarctica that faces Australia as we can easily access it, have close proximity and analyse movements of animals which migrate the Southern Ocean between Australia and obviously that side of Antarctica.

In terms of investment, there has been plenty, from the establishment of the Australian Antarctic Division, investment in equipment and icebreakers and of course our recent and ongoing expedition to Macquarie Island. In terms of experience, we are blessed with experience. The University of Tasmania maintains an Institute for Marine and Antarctic Studies. Indeed, Universities across Australia maintain specific areas of interest in Antarctica through Geology, Biology and other scientific departments. The CSIRO also maintains a focus on Antarctica through its Oceans and Atsmophere Division."

Connor

 

[Connor]

"You stress your intention is purely research orientated as a result of our former refusal to allow Australia researchers into Swedish Antarctic Territory, correct? May I ask why no contact has been made with either Britain or Argentina in relation to conducting research in their territorial claims, as recognised by the same Global Assembly Resolution on Antarctica? It appears that requesting the transfer of substantial amounts of land is a long-winded way to ensure you have civilian researchers on the continent... especially when one of the occupants of Antarctica has their flag upon yours..."

Owen

 

[Owen]

"I think I have given sufficient reasoning why we have no interest to conduct research on that side of Antarctica, which is very far away from Australia. I am only the Attorney-General, I don't make contact with foreign nations about these matters, you will have to ask the Foreign Minister or the Minister for Sustainability, Environment, Water, Population and Communities whether or not they have made contact, they haven't brought it up in Cabinet meetings. Obviously, I hope you are aware that Australia and the United Kingdom are seperate nations now, governed by our own laws and only connected by a shared sovereign who exercises who sovereign rights seperately of each nation. In Australia, she is the Queen of Australia, the Queen-in-right of Australia. In the United Kingdom she is the Queen of the United Kingdom. They are legally seperate positions which happen to be shared by the same person. Obviously we have a strong working partnership with the United Kingdom and I'm sure they would agree that research needs to be conducted throughout Antarctica and they are sufficiently resourced to conduct their own research in the small amount of land they have been given.

If we may, now that you have brought it up, focus on that resolution. In Chapter 2, Article 1, Section 1 of that resolution it explicitly states "The Kingdom of Sweden vows to distribute current sovereign territory in respect of historical Antarctic claims of nations represented in the Global Assembly or who have expressed interest in Antarctica." The claim we are making is a historical claim and we are full members of the Global Assembly. Do you believe that not distributing the land in respect to historical Antarctic claims would in fact violate the resolution when clear expression of interest has been made? Or do you believe the wording of "vow" has no legal standing and that instead you misled the Global Assembly under false pretences?"

Connor

 

[Connor]

"I am not sure what the relevance of the history of the British Empire had to do with anything... but thank you for that.

If you had read the treaty in full you would understand that there is a clause in-which negotiations must be had, nowhere in the treaty does it require the transference of historical claims. This is the negotiation table. The resolution is correct in that the Kingdom of Sweden vows to distribute current sovereign territory in respect of historical Antarctic claims of nations represented in the Global Assembly - but that requires successful negotiations as defined.

Attorney-General, I am unsure if anyone has taught you how to speak to people but thusfar you have made many demands, many subliminal threats, many accusations and still remain unable to justify the need for full transference of territory to be made. You are misunderstanding the significance of the continent. It is an untouched treasure. If you were expecting special treatment because you'd clicked your fingers, well, you have another thing coming.

I will call a recess for ten minutes, I suggest in that time you calm yourself down and reorganise yourself to operate with respect and decorum; you are representing your nation."


The board was then called to recess permitting a number of aides into the room to replenish water vessels, reorganise paperwork for the board and prepare for the next chapter.

Owen