Agreement to end hunger strike put to Amanda Vanstone

26 December 2003

A draft "Memorandum of Understanding" has been prepared and accepted by the hunger strikers as the basis for ending their protest quickly. It proposes a meeting in January between representatives of:
- The Department of Immigration;
- New Zealand Government Representatives;
- United Nations High Commissioner for Refugees;
- A Just Australia;
- The Refugee Council of Australia;
- The United Nations Association of Australia; and
- Refugee advocates trusted by the hunger strikers.

The hunger strikers, now numbering 45 of the 191 adults on Nauru, have agreed to end their protest as soon as the major parties agree to meet and review the situation for different groups on Nauru. The meeting would work through the situation of these groups to find permanent solutions - starting with the women and children at risk, those with families in Australia or New Zealand, and looking at options for refugee status or humanitarian visas.

Announcing the draft agreement, National Director of A Just Australia Howard Glenn urged the Australian and New Zealand Governments to agree to this process urgently.

"The Australians who have negotiated with the hunger strikers have done a great job in proposing a process which will end the life threatening behaviour, and find permanent solutions to end this shameful chapter.

"We urge Amanda Vanstone to come to the party and rapidly agree to this summit.

"This would put the Tampa legacy behind us before another year passes in the lives of 93 children and their families.

"All that is required is an agreement to a meeting and an agenda, and the rapid despatch of a medical team.

"This is not too hard to achieve, and it would be a step that would receive the widest praise", Mr Glenn said.

The full text of the draft agreement follows.

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26 December 2003

** Memorandum of Understanding to End the Hunger Strike **
by 45 People at Nauru Immigration Detention Centre

(Draft put forward by Hazara Ethnic Society in Australia, and agreed to by the hunger strikers on Nauru)

Aim of the Memorandum of Understanding (MOU)

The aim of this MOU is to facilitate rapid and effective negotiations regarding the fate of the asylum seekers and refugees on Nauru. It is initiated partly in response to the possibility that New Zealand may be willing to accept asylum seekers and refugees rejected by Australia.

Proposed Parties to the Negotiations
- Department of Immigration and Multicultural and Indigenous Affairs (DIMIA)
- United Nations High Commissioner for Refugees (UNHCR)
- New Zealand, High Commissioner to Australia (NZHC)
- A Just Australia (AJA)
- Refugee Council of Australia (RCA)
- United Nations Association of Australia (UNAA)
- Australians nominated by the hunger strikers to represent their interests - Hassan Ghulam, Julian Burnside, Marian Le

Desired Outcomes

The Parties will be responsible for conducting discussions to achieve the following outcomes, mainly through a rapid review of asylum seeker case histories:

- All family units (both or single parents and children) should be dealt with under humanitarian and family reunion classifications.
- Unaccompanied women and their children should come under the program of 'women at risk' classification.
- Unaccompanied minors should be dealt with under 'child protection' classifications.
- The remaining asylum seekers on Nauru should undergo a new determination process, through which their class of visa will be decided (e.g. asylum seeker/refugee, family reunion and/or humanitarian and complementary protection).
- Countries which makes offers to accept refugees will explain the visa conditions, and the refugee will accept their visa for this humanitarian gesture.

Operational Arrangements

- The above organizations will make their designated representative available by the first week of January 2004.
- The delegation will travel to the Republic of Nauru in second week of January 2004.
- The so-called 'Pacific Solution' for refugees on Nauru will be finalized within one week.
- No threats or attempts of deportation will be made.
- The cost of this solution should be paid from the budget of 'Pacific Solution'.
- Media representatives will be invited to inform the public about progress.
- All parties concerned will sign this MOU and the hunger strike will end under the care of an expert medical teams (physical and mental) from Australian public/private institutions.
- The medical team will also be responsible for reporting on the health of all detainees on Nauru.

Signed:


For Australia
For New Zealand
For UNHCR
For A Just Australia
For Refugee Council
For UNAA
For Nauru Detainees