Submission to the References Committee
Australian Senate, Foreign Affairs, Defence and Trade
The Australian Parliment, Parliament House
Canberra, ACT 2600
Inquiry into Nuclear Tests by India and
Pakistan
Submission by Hon, Jim Kenan Q. C.
Chairman, Australia India Council
Level 19 ,459 Collins Street,
Melbourne 3000
1. This submission is limited to the discussion of the nuclear tests
in India. The views expressed are entirely my own, and are not those of
The Australia India Council.
The Importance of India
2. In his book "India - From Midnight to the Millennium",
Shashi Tharoor, argues that "India is the most important country for
the future of the world". The reason for this conclusion, is that
"Indians stand at the intersection of four of the most important debates
facing the world at the end of the twentieth century".1
These four debates are:
- the bread versus freedom debate
- the centralization versus federalism debate
- the pluralism versus fundamentalism debate
- the Coca-colonization debate or globalisation versus self reliance
He goes on to say that "since the century will begin with Indians
accounting for a sixth of the world's population, their choices will resonate
throughout the globe".
3. Whether or not Mr. Tharoor is correct in asserting that India is
the most important country in the world, it is obvious that it is one of
the most important and on any view, far more important than Australia now
is, or will ever be.
Relevance for Australia
4. Yet, as has been noted so often the last decade, India has never
been a high priority for Australia in any sense. This has been true despite
its potential importance as a source of ideas in democracy, federal constitutional
arrangements, republicanism, literature, and multi-culturalism. Its economic
importance has been the subject of comment rather than action.
5. The extraordinary achievement of the creation of a democracy, against
almost all the odds, in the last 50 years is simply not widely appreciated
in Australia.2
Background to the tests
6. The background to the tests can be simply stated. India has for a
generation developed strong defence forces. It has had security concerns
and, indeed a history of armed conflict, with Pakistan and with China.
It has been developing a nuclear capacity for a very long time and as recently
as 1995 an Indian Government considered nuclear tests. For more than 30
years India has felt concerns about the fact that the United States has
supplied arms to Pakistan 3. In recent years,
India believed that Pakistan had developed a nuclear capability with the
assistance of China. It also felt an increasing Chinese presence in Myanmar.
7. India felt that it was not taken as seriously as it should be by
the West and its importance as the world's most populous democracy was
underrated. It got no support from the U.S. or Australia for joining APEC.
That the tests occurred, especially after the election of the new BJP Government
depending on numerous small parties for its majority, should not have surprised
anyone in the West. In saying this, it must be recognised that the issue
cuts across the political spectrum in India, and the nuclear capability
had been developed with support of the major parties.
8. As reported in the Guardian after the tests, the Pakistan Government
had warned the U.S. Government in April that they believed that India was
preparing to test.
The Australian response
9. Nuclear Proliferation anywhere is a matter of great concern, and
appropriately the subject of the expression of the deepest concern by an
Australian Government.
10. The question is, however, what is the appropriate and effective
manner of expressing this concern and influencing the future conduct of
India. What Australia did in fact, was to cut off ministerial and Government
officials visits, to withdraw its High Commissioner from New Delhi for
some weeks, to cut off defence ties and to cut off some of its aid program.
11. The focus of my concern is the fact that the Australian Government
on advice from the Department of Foreign Affairs and Trade, got it into
its head that withdrawing contact and disengaging from India would advance
its cause or the cause of non-proliferation.
12. Why would Australia possibly think that a policy of disengagement
could influence India or any country of similar size? It can only stem
from these factors:
- a view that Australia is much more important than other countries think
it is
- a view that Australia has some special moral authority in world affairs
- an assumption that India could be influenced in this way
- perhaps, an assumption that this response would be similar to the response
of the United States and other Western countries
- a view that the Australian electorate would equate these tests with
the French tests in the South Pacific.
- a view that the Australian electorate would only be happy with a policy
of disengagement
13. All of those views or assumptions are wrong and all that has happened
in Australia, in India, in the U.S. and in Europe since Australia took
this action, reinforces the error of these views.
U.S. and international responses
14. In early June I was in New York and visited the Asia Society, Shashi
Tharoor at the U.N. and Kamalesh Sharma the Permanent Representative of
India at the U.N. At that time Jaswant Singh the deputy Chairman of the
Indian Planning Commission was in New York and on his way to Washington
to meet U.S. Government officials. While the U.S. Congress was imposing
sanctions, (subject to heavy and by now largely successful lobbying by
U.S. business interests not to proceed with sanctions), the Clinton Administration
was very much engaged with India and dealing with its Government. President
Clinton was not ruling out a trip to India later this year. There was a
lot of activity around the U.N. seeking a solution to the issue. In addition,
the Blair Government was also receiving representatives of the Indian Government
and engaging them. Other Western countries did not withdraw their diplomats
from Delhi or prohibit Government visits.
Australia out of the loop
15. It was obvious that Australia had taken itself out of the loop.
That much was confirmed when I visited Delhi in mid-June and found the
Australian High Commission understandably isolated.
The proposed judicial visit
16. The refusal of the Australian Government to allow the Australia
India Council to proceed with the visit of the Indian Attorney General,
Soli Sorabjee, brought the oddity of the Australian position home. Mr.
Sorabjee is an eminent international lawyer. In April he was elected to
the U.N. sub-committee on Human Rights. He is not a member of Parliament
and is not a member of any political party. He is appointed to his position
by the Government of India. He therefore fell within the Australian Government
ban on visits of officials of Government. The purposes of his visit was
to accompany a Supreme Court judge from India to Australia on a judicial
exchange which had been initiated by the AIC. Mr. Sorabjee had hitherto
been a friend of Australia and had been a key organiser of the very successful
legal conference held in Delhi in November 1996 as part of New Horizons.
17. What does Australia gain, and who does it influence, by saying no
to the eminent Mr. Sorabjee. Rather I think the decision was an insult
to him, to India and to international constituency he represents in his
U.N. capacity. It is a decision which diminishes Australia and Australians.
Australia "an ethically hobbled ally of the U.S."
18. This has all occurred at a time when Australia's reputation is low
in international affairs as a result of the Hanson issue. In an article
in the L.A. Times, last August, (copy attached), Tom Plate wrote, apropos
of the Hanson issue and the Government's response to it, that "Australia
was an ethically hobbled ally of the United States" and "...
ending up as the dead-ended capital of the South Pacific".
19. Australia ought to be making a constructive and sensible contribution
to the arguments for non-proliferation and nuclear disarmament. As a country
living so firmly under the U.S. defence umbrella, it will always have some
difficulty in doing this with a straight face, but its sulky and zealous
disengagement from India over this issue has been very damaging to it and
not at all damaging to India. Its capacity to influence India in the forseeable
future on these or related issues will be negligible.
A new framework
20. The framework for rethinking Australia's relationship with India
in the years of trying to re-build the relationship should be based on
the following:
- Australia is a small country in relation to India
- Australia turned its back on policies which might have led to it having
a real critical mass in terms of population and economy (it chose not to
be another California which is the 7th largest economy in the world, and
which will grow to 50m. by 2025 substantially by immigration)
- Australia is perceived, in some quarters at least, as ethically hobbled
on the international stage
- Australia needs India more than India needs it
- Australia should not base its policies on the assumption that it has
a special moral authority in world affairs
- Australia should find a constructive and credible role for itself having
regard to its size and credibility
Some specific suggestions
21. There are some specifics around which the relationship with India
should be rebuilt. These are:
- evolve the Australian High Commission into an active source of information
and exchange of ideas for Australian business interested in India as the
U.S. Embassy does the India Interest Group in the U.S. 4
- strengthen the educational ties between the two countries
- encourage the Australian High Commission to develop a stronger relationship
with the Ministry for External Affairs in Delhi and the U.S. Embassy in
Delhi
Conclusion
22. The relationship with India has been damaged. It is possible to
restore it and strengthen it over time. The difficulties in doing so should
be frankly recognised. The lessons from a policy which has taken Australia
outside the sphere of influence should be remembered for the future.
Hon. Jim Kennan Q.C.
28/7/98
1. Viking, Penguin, India, 1997, p.3. Shahi Tharoor
is an Indian writer, who is also the Executive Assistant to the Secretary
General of the United Nations.
2. For a brilliant discussion of the creation of democracy
in post Independence India, see "The idea of India" Sunil Khilnani,
Penguin Books, 1997
3. The issues haven't changed much in 30 years. See
the comments of John Kenneth Galbraith when U.S. Ambassador to India, 1961-63,
in "Letters to Kennedy" Harvard University
Press, 1998.
4. The India Interest Group is a group of U.S. companies
who have regular telephone conferences with the U.S. Ambassador in Delhi,
to review issues affecting U.S. business
in India, and issues in the U.S. affecting the bilateral relationship.
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