Nauru and PNG asylum-seeker deals not the same

THE memorandum of understanding signed by the Australian government to re-establish an asylum-seeker processing centre in Nauru differs in key aspects from the agreement signed last year with Papua New Guinea.

Timing is the most crucial difference.

Under the PNG agreement, the Australian government guarantees that the asylum-seekers "will have left within as short a time as is reasonably necessary for implementation of this MOU".

The Nauru document adds the no-advantage test that is a crucial element of the government's new policy. It adds to the need to process the asylum-seekers swiftly the rider that this must be in accord with a preamble that recognises "the need to ensure as far as possible that no benefit is gained through circumventing regular migration arrangements".

The PNG agreement does, however, refer to "the impact that an arrangement could have in providing a disincentive for irregular migration". Where the PNG agreement says that activities will be conducted according to international law, the Nauru MOU refers to "all relevant domestic laws".

The Nauru agreement adds to the clause whereby Australia agrees to meet the costs, not only those incurred under the deal but also those "incidental" to the MOU.

Before she returned early from the Pacific Islands Forum summit, Julia Gillard held talks, separately, with Nauru President Sprent Dabwido and PNG Prime Minister Peter O'Neill.

Australian military personnel have already begun work in Nauru, but have yet to start flying materials to Manus Island, the site of the PNG centre.

In a joint statement, the Prime Minister and Immigration Minister Chris Bowen said the Nauru MOU "sends a clear message that countries in this region are working together towards a lasting regional response in taking action necessary to undermine people-smuggling networks, stop those dangerous boat journeys and prevent the loss of life at sea".

They said it also reaffirms "the commitment of both countries to the Refugee Convention, with people to be treated with dignity and respect in line with human rights standards".

They confirmed that Defence personnel were working on temporary accommodation in Nauru, and said the government was "progressing arrangements on a number of fronts, including contracting service providers and sourcing supplies".