Looking inside the Sun Sea: Report
February 14, 2011 02:00 pm
A fog bank cloaked the MV Sun Sea when it entered Canadian waters off Vancouver Island last August carrying 492 Sri Lankan asylum seekers.
Six month later, things are more clear.
Federal investigators have been interviewing those on board and chasing leads in Southeast Asia. The passengers have been telling their stories at refugee hearings and in court.
The evidence is shedding new light on the bold migrant smuggling operation that has cost taxpayers $25-million and led the government to draft a new anti-human smuggling law.
“At this time, the majority have declared that they wish only to live peacefully in Canada with the hope of eventually sponsoring other family members,” reads a Canada Border Services Agency analysis of interviews with the Sun Sea migrants.
But the investigation has also identified 32 so far with suspected ties to the Tamil Tigers rebels, organized crime and war crimes. Also on the ship were “prominent figures” who played “primary roles in the smuggling venture,” the CBSA report says.
As many as 45 smuggling agents were involved, posted at key locations along the smuggling route. They were the recruiters who circulated in the aftermath of the brutal Sri Lankan civil war, offering passage to the West — for a price.
The fee varied but most paid $20,000 to $30,000. The agents collected a deposit of as little as 10%. The rest was to be paid in Canada, where the migrants were assured they would be wealthy.
Relatives in the U.K. and France made the down payments, or families in Sri Lanka who took out bank loans or sold their land and jewelry. The agents were not fussy. They accepted American, Canadian and Sri Lankan currency.
The migrants were not even sure what they were getting for their money. “Many claim to have not known what the destination would be,” reads the “Protected” CBSA report obtained by the National Post. “Some were told it would be Australia, New Zealand or Canada.”
The agents helped their clients get passports and visas so they could travel to Thailand, the transit country. Once there, the agents took them to “holding venues” where they waited until they were taken offshore to the ship. Before boarding, the agents took their passports and other identity documents.
Among those who endured this months-long process was a reporter who had worked at the Peoples Daily newspaper in Kilinochchi, the capital of the northern enclave controlled by the separatist Liberation Tigers of Tamil Eelam (LTTE) rebels.
His brother in France made the initial $8,000 payment, court records show. He flew to Thailand on Nov. 25, 2009 and boarded the Sun Sea on May 1. He said he still owes the smugglers $5,000.
A crew of about 15 took turns working in the ship’s engine room. A man, who can only be identified as B005, told Canadian officials he was not an official crew member but that when he arrived at the ship he was asked whether he had any naval skills.
As a matter of fact, he did.
Between 1990 and 1996, he had worked on a Tamil Tigers smuggling ship called the MV Sun Bird. He was well-travelled. He had already made a refugee claim in Germany, and when turned down he went to the U.K. After a failed attempt to move to New Zealand, he decided to join his brother in Canada.
The Sun Sea was a retired cargo ship that had been purchased by a company called Sun & Rashiya Co. The ship registration was under the name of one of the passengers but Canadian officials believe the operation was facilitated by long-established Southeast Asian smuggling syndicates.
“We know that there are three or four syndicates, each of which had developed an area of expertise in smuggling contraband in Southeast Asia in general, but more particularly contraband armaments to the LTTE in northern Sri Lanka,” said Jason Kenney, Canada’s Minister of Citizenship and Immigration.
The syndicates lost that lucrative business when the civil war ended so they switched to human cargo, using the expertise and government contacts they had developed, he said.
The RCMP and Royal Thai Police are still investigating the suspected smuggling kingpins behind the Sun Sea. A man known as German Babu, who has dual German and Sri Lankan citizenship, was arrested in Bangkok last month. The Minister said the syndicate likely has a presence in Canada as well.
“I think there’s a general assumption that they must be operating with some support on the Canadian side,” he said. “If a syndicate sends someone to Canada that has an outstanding debt of $40,000, they need heavies on this side to collect on the de facto loan.”
No Canadians have yet been arrested but the RCMP is investigating several suspected agents in the Toronto area. At least two of the suspects were in Thailand before the ship left. The National Post approached both men but they declined to talk about the investigation.
Also still being determined is exactly who was on the ship. More than three-quarters, or 380, were men. Another 63 were women and 49 were children, five of whom were unaccompanied by their parents. One man died at sea.
Mr. Kenney said the ship was carrying “a significant number of people about whom we have serious security concerns, including apparent ties to the illegal, terrorist LTTE.” The CBSA said 32 cases had been forwarded to the Immigration and Refugee Board alleging the refugee claimants had been involved in terrorism, organized crime and war crimes.
Several of the suspected smugglers were also on board. “It appears that they played primary roles in the smuggling venture and could have ties with the LTTE,” the CBSA report says. “Indications that they held heightened status on board and a certain level of authority. These men fulfilled specific roles on the ship and had priority accommodation.”
The first hearing to determine whether a Sun Sea passenger is a Tamil Tigers member got underway in Vancouver on Friday. It involved a man who had worked as a mechanic in a garage run by the rebels, which the government argued makes him a member of the Tamil Tigers. If found to be a member, he would be denied refugee status.
The Canadian Tamil Congress said it was concerned the government was stretching the definition of membership. David Poopalapillai, the Congress spokesman, said the Tamil Tigers controlled virtually everything in northern Sri Lanka during the decades-long civil war, from libraries to schools.
“Lots of people worked in those areas but do you call them Tigers? I don’t know. I wouldn’t call them Tigers. I would call the Tigers only people who took up the guns and took the oath and went to the battlefield.”
Even if they are former Tigers, that does not mean they are a threat to Canadians, said Douglas Cannon, a Vancouver refugee lawyer who has represented Sun Sea passengers. “I find it really offensive that the government would be so willing to throw around the accusation that these people are dangerous terrorists when they’re nothing of the sort.”
As officials begin to argue before the IRB that some of the migrants should not be granted refuge, they are also fighting in court to keep them in custody. The government is appealing more than 100 release orders granted by the IRB. As of Thursday, 107 Sun Sea migrants were in detention.
Refugee advocates say it’s wrong to treat the Sun Sea passengers more harshly simply because they travelled to Canada on a smuggling ship. “Whether they arrive by land, air or sea, they should be treated the same — singling out these claimants for special harsh treatment looks like discrimination,” Wanda Yamamoto, president of the Canadian Council for Refugees, said in a statement last week.
Mr. Kenney defended the government’s approach as necessary to deter others from boarding unseaworthy vessels for a dangerous ocean crossing. “I think it’s fair to say that there’s been a very robust approach to enforcement of Canadian law,” he said.
“With respect to these illegal migrants who are the customers of these smuggling networks, yes, I think it’s fair to say that we’ve committed to the Canadian people to use all of the legal means at our disposal to stop and disincentivize the smugglers from targeting Canada.”
The government is also taking a “vigorous approach” in such countries as Thailand, where last fall the RCMP and Canada Border Services Agency helped disrupt another vessel before it left for Canada, the Minister said.
But he said the smuggling syndicates are still active and have taken deposits from passengers who are now being moved around transit countries awaiting the “green light” to board a ship to Canada. “The syndicates appear to be, in some cases, well-advanced in planning future voyages,” he said.
The Conservatives’ long-term solution is Bill C-49, a proposed law that would allow officials to detain smuggled migrants for one year and bar them from applying for permanent residence or sponsoring family members for five years.
Minister Kenney said the bill aims to disrupt the business model that keeps smugglers in business. He said migrants would no longer be willing to pay such high fees if they couldn’t sponsor their spouses, children and parents.
But Rob Oliphant, the Liberal Multiculturalism critic, said the bill would not deter genuine refugees. He said even if they knew they would have to spend a year in detention and would not be allowed to sponsor relatives, Tamil refugees would still board rusty boats because it’s safer than staying in Sri Lanka.
As for the Sun Sea, it’s berthed in Nanaimo, B.C., where a post on a local website describes it as, “a ferry on the route between Sri Lanka and Victoria.” The Nanaimo Shipyard is hoping to cut it up and sell it for scrap, the National Post reports.
VOYAGE OF THE MV SUN SEA
492 — On board.
380 — Men.
63 — Women.
49 — Children.
5 – Unaccompanied minors.
1 — Died at sea.
107 — Remain in detention (as of Feb. 10).
32 — Allegedly inadmissible for terrorism, organized crime and war crimes.
45 — Smuggling agents involved.
$20,000-30,000 — Smuggling fee.
Less than $30 — Cash most were carrying when they arrived.
15 — Sun Sea engine room crew.
6 — Years one of the crew had worked on a Tamil Tigers smuggling ship.
Six month later, things are more clear.
Federal investigators have been interviewing those on board and chasing leads in Southeast Asia. The passengers have been telling their stories at refugee hearings and in court.
The evidence is shedding new light on the bold migrant smuggling operation that has cost taxpayers $25-million and led the government to draft a new anti-human smuggling law.
“At this time, the majority have declared that they wish only to live peacefully in Canada with the hope of eventually sponsoring other family members,” reads a Canada Border Services Agency analysis of interviews with the Sun Sea migrants.
But the investigation has also identified 32 so far with suspected ties to the Tamil Tigers rebels, organized crime and war crimes. Also on the ship were “prominent figures” who played “primary roles in the smuggling venture,” the CBSA report says.
As many as 45 smuggling agents were involved, posted at key locations along the smuggling route. They were the recruiters who circulated in the aftermath of the brutal Sri Lankan civil war, offering passage to the West — for a price.
The fee varied but most paid $20,000 to $30,000. The agents collected a deposit of as little as 10%. The rest was to be paid in Canada, where the migrants were assured they would be wealthy.
Relatives in the U.K. and France made the down payments, or families in Sri Lanka who took out bank loans or sold their land and jewelry. The agents were not fussy. They accepted American, Canadian and Sri Lankan currency.
The migrants were not even sure what they were getting for their money. “Many claim to have not known what the destination would be,” reads the “Protected” CBSA report obtained by the National Post. “Some were told it would be Australia, New Zealand or Canada.”
The agents helped their clients get passports and visas so they could travel to Thailand, the transit country. Once there, the agents took them to “holding venues” where they waited until they were taken offshore to the ship. Before boarding, the agents took their passports and other identity documents.
Among those who endured this months-long process was a reporter who had worked at the Peoples Daily newspaper in Kilinochchi, the capital of the northern enclave controlled by the separatist Liberation Tigers of Tamil Eelam (LTTE) rebels.
His brother in France made the initial $8,000 payment, court records show. He flew to Thailand on Nov. 25, 2009 and boarded the Sun Sea on May 1. He said he still owes the smugglers $5,000.
A crew of about 15 took turns working in the ship’s engine room. A man, who can only be identified as B005, told Canadian officials he was not an official crew member but that when he arrived at the ship he was asked whether he had any naval skills.
As a matter of fact, he did.
Between 1990 and 1996, he had worked on a Tamil Tigers smuggling ship called the MV Sun Bird. He was well-travelled. He had already made a refugee claim in Germany, and when turned down he went to the U.K. After a failed attempt to move to New Zealand, he decided to join his brother in Canada.
The Sun Sea was a retired cargo ship that had been purchased by a company called Sun & Rashiya Co. The ship registration was under the name of one of the passengers but Canadian officials believe the operation was facilitated by long-established Southeast Asian smuggling syndicates.
“We know that there are three or four syndicates, each of which had developed an area of expertise in smuggling contraband in Southeast Asia in general, but more particularly contraband armaments to the LTTE in northern Sri Lanka,” said Jason Kenney, Canada’s Minister of Citizenship and Immigration.
The syndicates lost that lucrative business when the civil war ended so they switched to human cargo, using the expertise and government contacts they had developed, he said.
The RCMP and Royal Thai Police are still investigating the suspected smuggling kingpins behind the Sun Sea. A man known as German Babu, who has dual German and Sri Lankan citizenship, was arrested in Bangkok last month. The Minister said the syndicate likely has a presence in Canada as well.
“I think there’s a general assumption that they must be operating with some support on the Canadian side,” he said. “If a syndicate sends someone to Canada that has an outstanding debt of $40,000, they need heavies on this side to collect on the de facto loan.”
No Canadians have yet been arrested but the RCMP is investigating several suspected agents in the Toronto area. At least two of the suspects were in Thailand before the ship left. The National Post approached both men but they declined to talk about the investigation.
Also still being determined is exactly who was on the ship. More than three-quarters, or 380, were men. Another 63 were women and 49 were children, five of whom were unaccompanied by their parents. One man died at sea.
Mr. Kenney said the ship was carrying “a significant number of people about whom we have serious security concerns, including apparent ties to the illegal, terrorist LTTE.” The CBSA said 32 cases had been forwarded to the Immigration and Refugee Board alleging the refugee claimants had been involved in terrorism, organized crime and war crimes.
Several of the suspected smugglers were also on board. “It appears that they played primary roles in the smuggling venture and could have ties with the LTTE,” the CBSA report says. “Indications that they held heightened status on board and a certain level of authority. These men fulfilled specific roles on the ship and had priority accommodation.”
The first hearing to determine whether a Sun Sea passenger is a Tamil Tigers member got underway in Vancouver on Friday. It involved a man who had worked as a mechanic in a garage run by the rebels, which the government argued makes him a member of the Tamil Tigers. If found to be a member, he would be denied refugee status.
The Canadian Tamil Congress said it was concerned the government was stretching the definition of membership. David Poopalapillai, the Congress spokesman, said the Tamil Tigers controlled virtually everything in northern Sri Lanka during the decades-long civil war, from libraries to schools.
“Lots of people worked in those areas but do you call them Tigers? I don’t know. I wouldn’t call them Tigers. I would call the Tigers only people who took up the guns and took the oath and went to the battlefield.”
Even if they are former Tigers, that does not mean they are a threat to Canadians, said Douglas Cannon, a Vancouver refugee lawyer who has represented Sun Sea passengers. “I find it really offensive that the government would be so willing to throw around the accusation that these people are dangerous terrorists when they’re nothing of the sort.”
As officials begin to argue before the IRB that some of the migrants should not be granted refuge, they are also fighting in court to keep them in custody. The government is appealing more than 100 release orders granted by the IRB. As of Thursday, 107 Sun Sea migrants were in detention.
Refugee advocates say it’s wrong to treat the Sun Sea passengers more harshly simply because they travelled to Canada on a smuggling ship. “Whether they arrive by land, air or sea, they should be treated the same — singling out these claimants for special harsh treatment looks like discrimination,” Wanda Yamamoto, president of the Canadian Council for Refugees, said in a statement last week.
Mr. Kenney defended the government’s approach as necessary to deter others from boarding unseaworthy vessels for a dangerous ocean crossing. “I think it’s fair to say that there’s been a very robust approach to enforcement of Canadian law,” he said.
“With respect to these illegal migrants who are the customers of these smuggling networks, yes, I think it’s fair to say that we’ve committed to the Canadian people to use all of the legal means at our disposal to stop and disincentivize the smugglers from targeting Canada.”
The government is also taking a “vigorous approach” in such countries as Thailand, where last fall the RCMP and Canada Border Services Agency helped disrupt another vessel before it left for Canada, the Minister said.
But he said the smuggling syndicates are still active and have taken deposits from passengers who are now being moved around transit countries awaiting the “green light” to board a ship to Canada. “The syndicates appear to be, in some cases, well-advanced in planning future voyages,” he said.
The Conservatives’ long-term solution is Bill C-49, a proposed law that would allow officials to detain smuggled migrants for one year and bar them from applying for permanent residence or sponsoring family members for five years.
Minister Kenney said the bill aims to disrupt the business model that keeps smugglers in business. He said migrants would no longer be willing to pay such high fees if they couldn’t sponsor their spouses, children and parents.
But Rob Oliphant, the Liberal Multiculturalism critic, said the bill would not deter genuine refugees. He said even if they knew they would have to spend a year in detention and would not be allowed to sponsor relatives, Tamil refugees would still board rusty boats because it’s safer than staying in Sri Lanka.
As for the Sun Sea, it’s berthed in Nanaimo, B.C., where a post on a local website describes it as, “a ferry on the route between Sri Lanka and Victoria.” The Nanaimo Shipyard is hoping to cut it up and sell it for scrap, the National Post reports.
VOYAGE OF THE MV SUN SEA
492 — On board.
380 — Men.
63 — Women.
49 — Children.
5 – Unaccompanied minors.
1 — Died at sea.
107 — Remain in detention (as of Feb. 10).
32 — Allegedly inadmissible for terrorism, organized crime and war crimes.
45 — Smuggling agents involved.
$20,000-30,000 — Smuggling fee.
Less than $30 — Cash most were carrying when they arrived.
15 — Sun Sea engine room crew.
6 — Years one of the crew had worked on a Tamil Tigers smuggling ship.