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Australia concedes nothing in agreement with Indonesia sparked by spying row

Sydney Morning Herald - August 28, 2014

Michael Bachelard, Nusa Dua, Bali – Australia has given away none of its ability to spy on Indonesia with the signing of a new agreement to settle the nine-month old row between the two countries.

Foreign Minister Julie Bishop and her Indonesian counterpart, Marty Natalegawa, overseen by President Susilo Bambang Yudhoyono, signed on Thursday a two-point addendum to the Lombok Treaty, which is called a "Joint Understanding on a Code of Conduct".

It ends the dispute that began with revelations last November of Australia's 2009 phone tapping of Dr Yudhoyono, his wife and inner circle.

The understanding promises that:

"1. The Parties will not use any of their intelligence, including surveillance capacities or other resources in ways that would harm the interests of the Parties.

"2. The Parties will promote intelligence cooperation between the relevant institutions and agencies in accordance with their respective national laws."

It also says the heads of the intelligence agencies of the two countries will "meet and consult on a regular basis", extending the intelligence cooperation already promised under the Lombok Treaty, which was signed in 2006.

There is nothing in the wording of the document, nor in the comments of Ms Bishop at the signing ceremony, to inhibit Australia's collection of intelligence, including by phone tapping, in Indonesia.

However, after the signing ceremony was complete, Dr Natalegawa insisted to journalists that the agreement meant there was "no longer any need for any irregular or unlawful gathering of information or intelligence". Enhanced cooperation between intelligence agencies meant, "there would be no need for more irregular activities," he said.

When it was suggested by journalists that the agreement did not prohibit any form of intelligence, Dr Natalegawa insisted: "We are quite satisfied; we are very satisfied with this agreement".

"I think the gathering of intelligence and the use of intelligence in a way that is detrimental to the interests of the other is something that will not be permitted under this agreement. So it is a very inclusive, a very exhaustive, even, list," he said.

The phone tapping revelations last November, and Prime Minister Tony Abbott's response to them, prompted a series of scathing tweets from Dr Yudhoyono in which he "deplored" Mr Abbott's lack of remorse. Indonesia withdrew its ambassador from Canberra for six months, suspended joint defence exercises and intelligence sharing, and withheld cooperation on some police matters, including people smuggling. Joint counter terrorism activities were not affected.

Dr Natalegawa and Ms Bishop spent the following nine months negotiating the joint understanding, then signed it on Thursday under the watchful eye of Dr Yudhoyono, who had insisted it be completed by August.

Dr Yudhoyono said he wanted it to allow his legacy as leader to be untainted by the row when his term as president ends on October 20.

"With this code that we have completed, I am hoping that the cooperation can be revived again; military to military cooperation, intelligence cooperation and many other cooperations, because before leaving my office, I am hoping personally that we could go back to our strong relations and effective cooperations," he said.

Source: http://www.smh.com.au/world/australia-concedes-nothing-in-agreement-with-indonesia-sparked-by-spying-row-20140828-109nfy.html.

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