SEA, BOATS & THE SEA, BOATS & THE LAWLAW

ByByCmdr Viliame NaupotoCmdr Viliame NaupotoDirector of ImmigrationDirector of Immigration

Overview Of Immigration DeptOverview Of Immigration Dept

• Functions under the ambits of 4 Functions under the ambits of 4 ActsActs– Immigration Act Immigration Act – Passports ActPassports Act– Citizenship ActCitizenship Act– Deportation ActDeportation Act– Constitution Chap 3 (Citizenship)Constitution Chap 3 (Citizenship)

Roles Of The Immigration DeptRoles Of The Immigration Dept

• Border Control Border Control – Issuing of Visas and ExemptionsIssuing of Visas and Exemptions– Primary Line Functions at Ports of Entry Primary Line Functions at Ports of Entry

(Currently undertaken by FIRCA – 42 Staff (Currently undertaken by FIRCA – 42 Staff transferred from Immigration Dept)transferred from Immigration Dept)• Immigration Officers perform Referral dutiesImmigration Officers perform Referral duties

• Issuing of Fiji PassportsIssuing of Fiji Passports• Citizenship ProcessingCitizenship Processing

– Process applications and facilitate the acquiring Process applications and facilitate the acquiring of Fiji Citizenship through Registration and of Fiji Citizenship through Registration and NaturalizationNaturalization

Roles Of The Immigration DeptRoles Of The Immigration Dept

• Facilitation of Economic GrowthFacilitation of Economic Growth– Processing and issuing of Permits and Processing and issuing of Permits and

ExemptionsExemptions• Long Term PermitsLong Term Permits• Short Term PermitsShort Term Permits• Permits to Reside on Assured IncomePermits to Reside on Assured Income• Permanent ResidencePermanent Residence

• Law EnforcementLaw Enforcement– Empowered by the ActsEmpowered by the Acts

Role Of The Immigration DeptRole Of The Immigration Dept

• Revenue GenerationRevenue Generation(not often emphasized or (not often emphasized or

recognized)recognized)

The Immigration DeptThe Immigration Dept

• We are:We are:– Law Enforcement AgencyLaw Enforcement Agency– Border Control AgencyBorder Control Agency– Facilitation AgencyFacilitation Agency– Revenue Collection AgencyRevenue Collection Agency

The Immigration DeptThe Immigration Dept• Current establishment – 90Current establishment – 90

– Strength on the ground - 60 Strength on the ground - 60 • Budget $2.5 millionBudget $2.5 million• Revenue earned 2006 Revenue earned 2006

– $9.6 million (Fees) $9.6 million (Fees) – Projection 2007 - $10M Projection 2007 - $10M – $10 million (Bond that accrue interest)$10 million (Bond that accrue interest)– Return on investment – over 300%Return on investment – over 300%

The Immigration Dept The Immigration Dept AdvertisementAdvertisement

• Exercise one of most important Exercise one of most important authorities of Govt.authorities of Govt.

• Profitable BusinessProfitable Business– Budget of $2.5 millionBudget of $2.5 million– Return to Govt $10 million + interest Return to Govt $10 million + interest

from $10 million (bond)from $10 million (bond)– Revenue will increase with the Revenue will increase with the

introduction of Permanent Residence introduction of Permanent Residence Permit.Permit.

Immediate DevelopmentsImmediate Developments

• Commencement of New ActCommencement of New Act• Introduction of Permanent Residence in Introduction of Permanent Residence in

Fiji (Approved by Cabinet)Fiji (Approved by Cabinet)• Upgrading our passport security featuresUpgrading our passport security features

Our New DirectionOur New Direction• Operate as a business and emphasizeOperate as a business and emphasize

– EfficiencyEfficiency– HonestyHonesty– Integrity Integrity – Customer focus/drivenCustomer focus/driven

• Efficient monitoring and enforcement Efficient monitoring and enforcement • Become a self-funding departmentBecome a self-funding department

Our New DirectionOur New Direction• Operate as a business and emphasizeOperate as a business and emphasize

– EfficiencyEfficiency– HonestyHonesty– Integrity Integrity – Customer focus/drivenCustomer focus/driven

• Efficient monitoring and enforcement Efficient monitoring and enforcement • Become a self-funding departmentBecome a self-funding department

Yes we have enough money to pay for a GOOD LAWYER!Yes we have enough money to pay for a GOOD LAWYER!

CORRUPTION CYCLECORRUPTION CYCLE

CITIZENSHIP

PASSPORTS

EXEMPTIONS

LOCAL AGENTS

SPONSORS

REPRESENTATIVES

EMPLOYERS

FIJI CITIZENS

CLIENTS

IMMIGRATION VISA

PERMITS

$BRIBERY

EXTORTION

SEA, BOATS & THE SEA, BOATS & THE LAWLAW

SEA

BOATS

LAW

Evolution in Maritime Evolution in Maritime TransportationTransportation•Type and Size of Marine VesselsType and Size of Marine Vessels

– Large RoRo VesselsLarge RoRo Vessels– Small RoRo Vessels (Ferries)Small RoRo Vessels (Ferries)– Medium Coastal TradersMedium Coastal Traders– Small Coastal TradersSmall Coastal Traders– Sail Powered VesselsSail Powered Vessels

Consequential EffectsConsequential Effects• More Expensive More Expensive

– OverheadOverhead– Paying CustomersPaying Customers

• EnvironmentalEnvironmental– More Raw WasteMore Raw Waste– More Fuel/OilMore Fuel/Oil

• Type of Cargo and StowageType of Cargo and Stowage

– Fully loaded Trucks on deckFully loaded Trucks on deck

– Personal Vehicles + Some Personal Vehicles + Some General Cargo on deckGeneral Cargo on deck

– General Cargo in the HoldGeneral Cargo in the Hold

Evolution in Maritime Evolution in Maritime TransportationTransportation

• Number of PassengersNumber of Passengers– 500500

– 2020

Evolution in Maritime Evolution in Maritime TransportationTransportation

Consequential EffectsConsequential Effects• SafetySafety

– Navigational AidNavigational Aid– Up to date ChartsUp to date Charts– Properly Surveyed WatersProperly Surveyed Waters– Proper Docking FacilitiesProper Docking Facilities

• Safety Response AgenciesSafety Response Agencies– Bigger Response CapacityBigger Response Capacity

Restricts the Route&

Area of Operation

The Tampa CaseThe Tampa Case• A rescue at sea was carried out by the Norwegian A rescue at sea was carried out by the Norwegian

merchant ship merchant ship TampaTampa in August 2001. in August 2001.• Sailing from Perth, Australia under the command of Sailing from Perth, Australia under the command of

Captain Arne RinnanCaptain Arne Rinnan• Received a call for assistance from the Rescue Received a call for assistance from the Rescue

Coordination Center of the Australian Maritime Coordination Center of the Australian Maritime Safety Authority. Safety Authority.

• The The TampaTampa changed course, guided by an Australian changed course, guided by an Australian coastal search airplane to reach an Indonesian boat coastal search airplane to reach an Indonesian boat crowded with passengers and in acute distress. crowded with passengers and in acute distress.

• The boat was breaking up in heavy seas The boat was breaking up in heavy seas • TampaTampa arrived just in time to transfer the 433 arrived just in time to transfer the 433

people on board to its own decks. people on board to its own decks. • The Norwegian ship had facilities on board for only The Norwegian ship had facilities on board for only

50 people, including its crew of 27.50 people, including its crew of 27.

Cont.Cont.• The closest port to the site of the rescue was The closest port to the site of the rescue was

Christmas Island, an Australian territoryChristmas Island, an Australian territory• Australia’s Immigration Department forbade the Australia’s Immigration Department forbade the

TampaTampa to enter Australian territorial waters to enter Australian territorial waters • The Australian government refused to disembark The Australian government refused to disembark

the the TampaTampa’s passengers’s passengers• Conditions on board theConditions on board the Tampa Tampa reached crisis reached crisis

proportions proportions • The passengers forcibly removed from the ship The passengers forcibly removed from the ship

and dispersed to camps in Nauruand dispersed to camps in Nauru• Owners and agents of the Owners and agents of the TampaTampa incurred incurred

substantial losses.substantial losses.

The The Fua KavengaFua Kavenga Case Case [[ScenarioScenario]]• Sailing from Sailing from SydneySydney Australia Australia• Received a call for assistance from the Received a call for assistance from the

Rescue Coordination Center of the Rescue Coordination Center of the Australian Maritime Safety Authority. Australian Maritime Safety Authority.

• The The Fua KavengaFua Kavenga changed course, to reach changed course, to reach an Indonesian boat crowded with an Indonesian boat crowded with passengers and in acute distress. passengers and in acute distress.

• The boat was breaking up in heavy seas The boat was breaking up in heavy seas • Fua KavengaFua Kavenga arrived just in time to transfer arrived just in time to transfer

the the 200 200 people on board to its own decks. people on board to its own decks. • Fua KavengaFua Kavenga had facilities on board for only had facilities on board for only

50 people, including its crew of 27.50 people, including its crew of 27.

Cont.Cont.• The closest port to the site of the rescue The closest port to the site of the rescue

was was Suva, FijiSuva, Fiji• Should FijiShould Fiji Immigration Department Immigration Department

forbade the forbade the Fua KavengaFua Kavenga to enter to enter Fiji Fiji territorial waters territorial waters ??

• Should the FijiShould the Fiji government refuse to government refuse to disembark the disembark the Fua Kavenga’sFua Kavenga’s passengerspassengers??

• If theIf the passengers are forcibly passengers are forcibly or or otherwiseotherwise removed from the ship removed from the ship where where will we hold them?will we hold them?

• What do we do with them?What do we do with them?

MigrationPush/Supply Factors Pull/demand Factors

More JobsHigher Wages

Better Living ConditionsBetter Health and Education Services

Better FacilitiesLesser Chance of Natural Disasters

Political StabilityTransit to Target Country

UnemploymentLower WagesPoor Living ConditionsPoor Health and or Education ServiceFew FacilitiesNatural DisastersCivil WarsPolitical Instability

FijiFiji• Fiji is one of those countries that experience Fiji is one of those countries that experience

migration in all three capacities as source, migration in all three capacities as source, receiving and transit countries. receiving and transit countries.

• The remittances are increasing and it is The remittances are increasing and it is becoming one of our major sources of becoming one of our major sources of revenuerevenue

• Our migration network is family and Our migration network is family and community based. community based.

• Continually witnessing more and more signs Continually witnessing more and more signs of human trafficking.of human trafficking.

FijiFiji• Our pull factors are quite attractive and strongOur pull factors are quite attractive and strong• Our push factors are pull factors for some, eg. Our push factors are pull factors for some, eg.

our low wages still is attractive to countries with our low wages still is attractive to countries with weak currencies in Asia. weak currencies in Asia.

• We are a doorway to the main target countries We are a doorway to the main target countries like the US, Australia, NZ and Canada. like the US, Australia, NZ and Canada.

• The Fiji passports carry well into these countries The Fiji passports carry well into these countries when compared to some Asian countries. when compared to some Asian countries.

• We approve an average of 3000 permits We approve an average of 3000 permits annually for migrants to either annually for migrants to either reside/work/study in Fiji. Permits are generally reside/work/study in Fiji. Permits are generally for 3 years before renewal.for 3 years before renewal.

Some QuestionsSome Questions• Do we put a cap or yearly quota on naturalized Do we put a cap or yearly quota on naturalized

Fiji citizens?Fiji citizens?• Is the citizenship criteria appropriate (5 years Is the citizenship criteria appropriate (5 years

with clear criminal record)?with clear criminal record)?• Are our laws a deterrent to human smuggling and Are our laws a deterrent to human smuggling and

trafficking?trafficking?• Can we prosecute human traffickers easily?Can we prosecute human traffickers easily?• What is the impact of allowing Fiji born children to What is the impact of allowing Fiji born children to

enter and reside in Fiji basically for ever?enter and reside in Fiji basically for ever?• Are we really benefiting from international labour Are we really benefiting from international labour

mobility?mobility?

SummarySummary• Think like a Think like a maritime nationmaritime nation (that (that

we are.) we are.) • Our Laws must at least ensure that Our Laws must at least ensure that

we bend correctly to the forces of we bend correctly to the forces of migration.migration.

Thank YouThank Youfor for

Your AttentionYour Attention