SEA, BOATS & THE LAW By Cmdr Viliame Naupoto Director of Immigration

Overview Of Immigration Dept Functions under the ambits of 4 ActsFunctions under the ambits of 4 Acts –Immigration Act –Passports Act –Citizenship Act –Deportation Act –Constitution Chap 3 (Citizenship)

Roles Of The Immigration Dept Roles Of The Immigration Dept Border ControlBorder Control –Issuing of Visas and Exemptions –Primary Line Functions at Ports of Entry (Currently undertaken by FIRCA – 42 Staff 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 of Fiji Citizenship through Registration and Naturalization

Roles Of The Immigration Dept Roles Of The Immigration Dept Facilitation of Economic GrowthFacilitation of Economic Growth –Processing and issuing of Permits and Exemptions 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 Acts

Role Of The Immigration Dept Revenue GenerationRevenue Generation (not often emphasized or recognized)

The Immigration Dept We are:We are: –Law Enforcement Agency –Border Control Agency –Facilitation Agency –Revenue Collection Agency

The Immigration Dept Current establishment – 90Current establishment – 90 –Strength on the ground - 60 Budget $2.5 millionBudget $2.5 million Revenue earned 2006Revenue earned 2006 –$9.6 million (Fees) –Projection $10M –$10 million (Bond that accrue interest) –Return on investment – over 300%

The Immigration Dept Advertisement The Immigration Dept Advertisement Exercise one of most important authorities of Govt.Exercise one of most important authorities of Govt. Profitable BusinessProfitable Business –Budget of $2.5 million –Return to Govt $10 million + interest from $10 million (bond) –Revenue will increase with the introduction of Permanent Residence Permit.

Immediate Developments Commencement of New ActCommencement of New Act Introduction of Permanent Residence in Fiji (Approved by Cabinet)Introduction of Permanent Residence in Fiji (Approved by Cabinet) Upgrading our passport security featuresUpgrading our passport security features

Our New Direction Operate as a business and emphasizeOperate as a business and emphasize –Efficiency –Honesty –Integrity –Customer focus/driven Efficient monitoring and enforcementEfficient monitoring and enforcement Become a self-funding departmentBecome a self-funding department

Our New Direction Operate as a business and emphasizeOperate as a business and emphasize –Efficiency –Honesty –Integrity –Customer focus/driven Efficient monitoring and enforcementEfficient monitoring and enforcement Become a self-funding departmentBecome a self-funding department Yes we have enough money to pay for a GOOD LAWYER!

CORRUPTION CYCLE CITIZENSHIP PASSPORTS EXEMPTIONS LOCAL AGENTS SPONSORS REPRESENTATIVES EMPLOYERS FIJI CITIZENS CLIENTSCLIENTS IMMIGRATIONIMMIGRATION VISA PERMITS $ BRIBERY EXTORTION

SEA, BOATS & THE LAW

SEA

BOATS

LAW

Evolution in Maritime Transportation Type and Size of Marine Vessels Type and Size of Marine Vessels –Large RoRo Vessels –Small RoRo Vessels (Ferries) –Medium Coastal Traders –Small Coastal Traders –Sail Powered Vessels

Consequential Effects More Expensive More Expensive –Overhead –Paying Customers Environmental Environmental –More Raw Waste –More Fuel/Oil

Type of Cargo and Stowage Type of Cargo and Stowage –Fully loaded Trucks on deck –Personal Vehicles + Some General Cargo on deck –General Cargo in the Hold Evolution in Maritime Transportation

Number of Passengers Number of Passengers –500 –20 Evolution in Maritime Transportation

Consequential Effects Safety Safety –Navigational Aid –Up to date Charts –Properly Surveyed Waters –Proper Docking Facilities Safety Response Agencies Safety Response Agencies –Bigger Response Capacity Restricts the Route & Area of Operation

The Tampa Case A rescue at sea was carried out by the Norwegian merchant ship Tampa in August A rescue at sea was carried out by the Norwegian merchant ship Tampa in August Sailing from Perth, Australia under the command of Captain Arne Rinnan Sailing from Perth, Australia under the command of Captain Arne Rinnan Received a call for assistance from the Rescue Coordination Center of the Australian Maritime Safety Authority. Received a call for assistance from the Rescue Coordination Center of the Australian Maritime Safety Authority. The Tampa changed course, guided by an Australian coastal search airplane to reach an Indonesian boat crowded with passengers and in acute distress. The Tampa changed course, guided by an Australian coastal search airplane to reach an Indonesian boat crowded with passengers and in acute distress. The boat was breaking up in heavy seas The boat was breaking up in heavy seas Tampa arrived just in time to transfer the 433 people on board to its own decks. Tampa arrived just in time to transfer the 433 people on board to its own decks. The Norwegian ship had facilities on board for only 50 people, including its crew of 27. The Norwegian ship had facilities on board for only 50 people, including its crew of 27.

Cont. The closest port to the site of the rescue was Christmas Island, an Australian territory The closest port to the site of the rescue was Christmas Island, an Australian territory Australia’s Immigration Department forbade the Tampa to enter Australian territorial waters Australia’s Immigration Department forbade the Tampa to enter Australian territorial waters The Australian government refused to disembark the Tampa’s passengers The Australian government refused to disembark the Tampa’s passengers Conditions on board the Tampa reached crisis proportions Conditions on board the Tampa reached crisis proportions The passengers forcibly removed from the ship and dispersed to camps in Nauru The passengers forcibly removed from the ship and dispersed to camps in Nauru Owners and agents of the Tampa incurred substantial losses. Owners and agents of the Tampa incurred substantial losses.

The Fua Kavenga Case [Scenario] Sailing from Sydney Australia Sailing from Sydney Australia Received a call for assistance from the Rescue Coordination Center of the Australian Maritime Safety Authority. Received a call for assistance from the Rescue Coordination Center of the Australian Maritime Safety Authority. The Fua Kavenga changed course, to reach an Indonesian boat crowded with passengers and in acute distress. The Fua Kavenga changed course, to reach an Indonesian boat crowded with passengers and in acute distress. The boat was breaking up in heavy seas The boat was breaking up in heavy seas Fua Kavenga arrived just in time to transfer the 200 people on board to its own decks. Fua Kavenga arrived just in time to transfer the 200 people on board to its own decks. Fua Kavenga had facilities on board for only 50 people, including its crew of 27. Fua Kavenga had facilities on board for only 50 people, including its crew of 27.

Cont. The closest port to the site of the rescue was Suva, Fiji The closest port to the site of the rescue was Suva, Fiji Should Fiji Immigration Department forbade the Fua Kavenga to enter Fiji territorial waters ? Should Fiji Immigration Department forbade the Fua Kavenga to enter Fiji territorial waters ? Should the Fiji government refuse to disembark the Fua Kavenga’s passengers? Should the Fiji government refuse to disembark the Fua Kavenga’s passengers? If the passengers are forcibly or otherwise removed from the ship where will we hold them? If the passengers are forcibly or otherwise removed from the ship where will we hold them? What do we do with them? What do we do with them?

Migration Push/Supply Factors Pull/demand Factors More Jobs Higher Wages Better Living Conditions Better Health and Education Services Better Facilities Lesser Chance of Natural Disasters Political Stability Transit to Target Country Unemployment Lower Wages Poor Living Conditions Poor Health and or Education Service Few Facilities Natural Disasters Civil Wars Political Instability

Fiji Fiji is one of those countries that experience migration in all three capacities as source, receiving and transit countries. Fiji is one of those countries that experience migration in all three capacities as source, receiving and transit countries. The remittances are increasing and it is becoming one of our major sources of revenue The remittances are increasing and it is becoming one of our major sources of revenue Our migration network is family and community based. Our migration network is family and community based. Continually witnessing more and more signs of human trafficking. Continually witnessing more and more signs of human trafficking.

Fiji Our pull factors are quite attractive and strong Our pull factors are quite attractive and strong Our push factors are pull factors for some, eg. our low wages still is attractive to countries with weak currencies in Asia. Our push factors are pull factors for some, eg. our low wages still is attractive to countries with weak currencies in Asia. We are a doorway to the main target countries like the US, Australia, NZ and Canada. We are a doorway to the main target countries like the US, Australia, NZ and Canada. The Fiji passports carry well into these countries when compared to some Asian countries. The Fiji passports carry well into these countries when compared to some Asian countries. We approve an average of 3000 permits annually for migrants to either reside/work/study in Fiji. Permits are generally for 3 years before renewal. We approve an average of 3000 permits annually for migrants to either reside/work/study in Fiji. Permits are generally for 3 years before renewal.

Some Questions Do we put a cap or yearly quota on naturalized Fiji citizens? Do we put a cap or yearly quota on naturalized Fiji citizens? Is the citizenship criteria appropriate (5 years with clear criminal record)? Is the citizenship criteria appropriate (5 years with clear criminal record)? Are our laws a deterrent to human smuggling and trafficking? Are our laws a deterrent to human smuggling and trafficking? Can we prosecute human traffickers easily? Can we prosecute human traffickers easily? What is the impact of allowing Fiji born children to enter and reside in Fiji basically for ever? What is the impact of allowing Fiji born children to enter and reside in Fiji basically for ever? Are we really benefiting from international labour mobility? Are we really benefiting from international labour mobility?

Summary Summary Think like a maritime nation (that we are.) Think like a maritime nation (that we are.) Our Laws must at least ensure that we bend correctly to the forces of migration. Our Laws must at least ensure that we bend correctly to the forces of migration.

Thank You for Your Attention