Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697750964450.pdf (Fiji)
OFFICE OF THE PRIME MINISTER AND FIJIAN IMMIGRATION DEPARTMENT Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report OFFICE OF THE PRIME MINISTER AND FIJIAN IMMIGRATION DEPARTMENT Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report Question 1.
Can the Office of the Prime Minister enlighten the Committee what the Social Assistance to Vatukoula Goldmine Strike entails (noted in page 20)?

Additionally, did the Ministry of Employment, Productivity and Industrial Relations assist in solving this issue?

Background The plight of the former Emperor Gold Mines (now Vatukoula Gold Mines) workers started in 1991.

Decades have since passed with many attempts made to resolve the issue.
The Solicitor General’s office provided its legal opinion to Government on the matter in March 2019.

It was stated that the employer correctly terminated the workers under their terms of contract.

Furthermore, that Government does not have any legal obligation to compensate the workers.

However Government could make a policy based decision to make an ex-gratia payment to the workers in view of resolving the grievance issues.
OPM Update and Views Government is not neglectful of the situation of the former Mine workers.

Many attempts have been made over the years to address their concerns and bring the issue to some amicable solution.

The Ministry of Employment, Productivity & Industrial Relations (MEPIR) had engaged the FMWU around 2014.

A settlement amount was considered as compensation through mediation.

This figure included loss of earnings, compensation for humiliation and housing compensation for relocation.
However this approach was set aside after the Office of the Prime Minister (OPM) consulted the Solicitor General’s office in 2019.

The advice given was clear and definite.

That Government is under no legal obligation to compensate the former workers.

However there is space to settle this outstanding issue through an ex-gratia payment (payment made without the giver recognising any liability or legal obligation) via a policy based decision.
Subsequently a Cabinet Paper was prepared and consultations held with the Solicitor General’s office, the Ministry of Economy and MEPIR.

An offer of an ex-gratia payment was made to the FMWU in 2020 which was eventually rejected despite numerous attempts to find common ground.

In a recent letter from FMWU (December 2021), the FMWU claimed that a compensation of $2.0 million per former worker would be suffice as restitution for 30 years of suffering and to meet the needs of their families.
This was in contrast to legal advice received by OPM that it was not legally obligated to offer compensation.

1 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report It is in the best interest of all parties that this issue is settled.

Prolonging such an issue only leaves a stain on Fiji’s history.
However the FMWU must offer a compromise (or bring a new piece of information to the table for discussion) to be able resolve this issue.

Question 2 In line with its priority areas in terms of the Small Grant Scheme (SGS) (noted in page 21), please provide the list of 70 projects along with its estimated cost Value?
Management Response The Office of the Prime Minister was allocated $9m under the 2018/2019 National Budget for the Small Grant Scheme (SGS) Program to fund projects identified by the Prime Minister during his visits and consultations with the rural communities.

The SGS funds aim to address the needs of the people in terms of assistance to school, water, electricity, foot bridges/crossing, and small scale income generating projects.
Of the $9m budget allocation, a total of $5,248,131.68 was utilized with a total of 70 projects funded during the financial year in the three (3) sectors i.e.

Education, Village/Settlement and Other integrated.
Tabulated below the 70 projects and cost No Project Name Project Type Division Sector Payment 2018/2019 Boat Materials, Outboard Engine Abdul Aziz Khan, Vuci South Nausori Ballantine Memorial School Construction of Duplex Teachers and Quarters/Classroom Block and Kitchen Batiki Nursing Station, Mua Solar System Single Biausevu Village Women's Group Biausevu Village, Nadroga Navosa Bocalevu Village, Macuata Bukuya Health Centre Cautata District School, Tailevu Cautata District School, Tailevu Construction of Resource Centre Flood Protection Construction of Timber Crossing Mortuary/Additional Costing Construction of Bedroom Teachers Desk and Chairs 1*2 Central Individual $8,351.83 Central Education $148,649.36 Eastern Village $28,865.28 Western Village $48,544.26 Western Village $157,081.53 Northern Settlement $39,950.00 Western Village $296,327.73 Eastern Education $145,850.77 Central Education $11,450.00 10 Dama District Dama, Bua School, Construction of 7 Pan Ablution Block Northern Education $9,931.11 2 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report No Project Name Project Type Division Sector Payment 2018/2019 11 Dogotuki District School, Macuata 12 Drauniivi Youth Club 13 Fiji Scouts Association 14 Five (5) Women’s Group in Tailevu (3) And Naitasiri (2) 15 16 17 Immaculate College, Cakaudrove Conception Immaculate Conception Primary School, Solevu, Bua Installation of EFTPOS Machines At Matuku, Moce, Kabara and Ono I Lau, Lau Group 18 Kenani Settlement, BA 19 Kia District School of Construction classroom Boat and engine Provision of washrooms, bathrooms and lightnings Kitchen 5 Womens Group Utensils 1x2 Northern Education $27,255.55 Western Village $16,684.00 Central Settlement $8,472.00 Eastern Village $31,732.54 Construction Bedroom Quarters Construction Classroom of 1x2 Teachers Northern Education $15,000.00 of 1x2 Northern Education $89,547.08 Installation of EFTPOS Machines At Matuku, Moce, Kabara
 and Ono I Lau, Lau Group Construction of Ablution Block Building Materials Eastern Village $9,210.50 Western Settlement $16,000.00 Northern Education $11,360.00 20 Kia District School, Macuata Building Materials Northern Education $910.39 21 Korovou Settlement, Nabukaluka, Naitasiri 22 Korovuli Village Water Extension of the Mains, Water Project Water Eastern Settlement $27,435.95 Village $15,616.00 Project 23 Kubulau District School 24 Lekutu Government Station Construction of classroom building 100KVA Generator 1x2 Northern Education $96,485.29 Northern Village $38,725.00 25 Logani Koro Makawa.
Groundwater Project Northern Village $68,000.00 Tailevu 26 Lomaivuna High School Assembly Shed Central Education $45,250.50 27 Mr Alataini Babiau Lokia 28 Nabua Resource Center 29 Nabukaluka District School Kindergarten, Daviqele, Nabukelevu Kadavu 30 Nabukaluka District School, Naitasiri 23 FT FibreGlass Boat /40 HP Outboard Engine Construction of Resource Centre Refurbishment Nabukelevu School Kindergarten Consruction Bedroom Quarters Fencing 1x2 of Teachers School of the District and Central Individual $16,434.00 Central Settlement $16,077.49 Eastern Education $58,454.68 Eastern Education $147,608.20 3 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report No Project Name Project Type Division Sector Payment 2018/2019 31 Naidrodro Settlement, BA Construction of Ablution Block Western Settlement $24,500.00 32 Naivakacere Primary School Clearance of Debt for Central Education $8,142.25 33 Nalovo Cemetery, Nadi 34 Narocake Nursing Station 35 Nasau Village, Koro Island, Lomaiviti.
36 Naseyani Primary School Photocopier Construction Ablution Fencing Solar System of Block the and Clearing of Debris and Construction of Bridge Construction of Dining Hall Western Settlement $4,181.95 Eastern Village $28,865.28 Eastern Village $403,042.82 Western Education $76,446.17 37 Nasivikoso Village School Construction of dining hall Western Education $200,866.07 38 Nausori District School, Tailevu 39 Navala Catholic School 40 Navala Village / Naitasiri Settlement / Kiuva Village / Vatoa Village Women’s Group 41 Navala Village Qaliyalitina, BA 42 Navula Village, Navosa 43 Navuso Primary School, Naitasrir and kitchen Construction Multipurpose Shed VSAT of Central Education $155,579.34 Western Education $11,616.79 Kitchen Utensils Western Village $33,083.80 of 3 * TJ 45 Kawasaki Brushcutters Supply Utensils Construction Bedroom Quarters of 1x2 Teachers Kitchen Western Village $2,025.00 Western Village $7,323.44 Eastern Education $146,849.28 44 Nawaikama Nursing Station Solar System Eastern Village $28,865.28 45 Nawaka Village Evacuation Centre 46 Nubu Primary School 47 Qelemumu Primary School, Macuata 48 Qelemumu Primary School, Macuata 49 RA High School 50 Raiwai Youth Hall of Completion of Nawaka Village Evacuation Centre 1x2 Construction concrete classroom block Construction of ECE Builing Construction Bedroom Quarters Purchase of Double Bunk Beds and Mattresses Retaining Wall Fencing 1x2 of Teachers and Northern Village $15,992.57 Northern Education $24,252.56 Northern Education $143,989.00 Northern Education $141,700.00 Western Education $37,600.00 Central Settlement $269,077.57 4 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report No Project Name Project Type Division Sector Payment 2018/2019 51 Raiwaqa Lightings Central Settlement $20,553.04 52 Ralete Primary School, Nadi 20 Wooden/Chairs Western Education $3,100.00 53 Ratu Nacagilevu Primary School 54 Ratu Veikoso School, Tailevu Primary Construction Bedroom Quarters
 Construction Bedroom Quarters of 1*2 Teachers of 1x2 Teachers Eastern Education $123,458.63 Eastern Education $145,850.77 55 Rokotuivatu District School VSAT Central Education $11,616.80 56 Rukurukulevu Village 57 Sawanikula Primary School, Naitasiri 58 Suva Methodist Primary School 59 Suvavou Kindergarten, Suvavou Village 60 Tailevu North College 61 Tamusua Nursing Station 62 Tavua District School 63 Tubou Community Resource Centre, Lakeba Lau 64 Uluivalili College 65 Veiuto Primary School 66 Veiuto Primary School 67 Vio Island, Lautoka 68 Vunisei District School, 69 Vuya Naceva, Kadavu District Nabouwalu, Bua 70 Sawaieke Village Hall School, of of of Gym 1x2 /Additional Construction Shed/Net 1x2 Construction Duplex Teachers Quarters Renovation and Ablution Block Construction classroom Funding Construction of 5 x Teachers 2Bedroom Quarters Completion of Nursing Station Completion of First Floor Classroom - SGS/Additional Funding Upgrading 1x2 Construction of Bedroom Quarters General Upgrading of The Swimming Pool General Upgrading of The Swimming Pool 40 HP Outboard Engine/2 Safety Kit Completion of Footpath at School- Materials of Construction Classroom Building Logistics for Secondary School Gau 1*2 Western Village $16,015.81 Eastern Education $170,040.00 Central Education $165,911.84 Central Education $33,913.56 Central Education $304,277.90 Western Village $190,993.00 Western Education $142,584.38 Eastern Village $122,680.93 Northern Education $268,047.00 Central Education $307.48 Central Education $10,191.50 Western Village $10,110.03 Eastern Education $3,466.90 Northern Education $87,531.90 Eastern Village $2,220.00 5 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report No Project Name Project Type Division Sector TOTAL Question 3 Payment 2018/2019 $5,248,131.68 On Gratuitous/Donor Aided projects, referred to in page 22 of the report, can the Committee be updated on the 10
 projects are still on feasibility study, defect liability period and ongoing stages Management Response In 2018 to 2019, one new project was undertaken and completed while 10 projects are still on feasibility study, defects liability period and ongoing stages.
The completed project was the renovation of a newly State House Squash Court.

The Memorandum of Understanding (MoU) for the reconstruction of the Wellness Center of the State House was signed on 30th April 2018 between the Republic of Fiji and the People’s Republic of China.

Reconstruction of the Wellness Center commenced on 1st July 2019 and completed on 22 August 2019 at a cost of FJ $2 million.

Construction content being renovating a single-story building (formerly used as a squash court) to a gym.
The scope of the newly renovated gym are: Below List of 10 projects.
# Name of project 2nd Phase of Mushroom 2nd Phase of Rice Development Construction of Jetties Renovation of Sports facilities Vunidawa Sports Complex Valelvu Sports Complex Vatuwaqa and Stinson Bridge Penang Mill Saint John Bosco playground USP Dormitory Status On going On going Feasibility study Feasibility study Feasibility study Feasibility study Defect Liability Period Feasibility study Feasibility study Feasibility study 6 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report Question 4 In reference to the Rotuma Subvention Fund (noted in page 23) it was noted that this Fund was not utilized due to the non-submission of the audited accounts by the Council of Rotuma; clarification is sought on any progress on this issue?
Management Response The Rotuman Community through the Council of Rotuma was allocated $240,000.00 under the 2018/2019 Budget i.e.

55% for Operational and 45% Development Funds.

During the reporting year, the Rotuma Subvention Fund was not utilized due to the non-submission of the audited accounts by the Council of Rotuma 2019 Annual Account was audited and funds commenced released in 2021-2022 financial year.
Question 5 Updates on the 10 Jetties, Valelevu Sports Complex and Renovation of Sports facilities Management Response 10 Jetties The Chinese Technical team conducted the feasibility of the ten (10) jetty sites.

Of the 10, 2 jetty sites had been feasible based on the locality and economical routes: i. Kiuva Jetty at Kiuva village service between Natovi and Suva; and ii.

Korolevu Jetty at Korolevu, Nadroga service between Suva and Lautoka Jetty.
Valelevu Sports Complex The Chinese Technical team had conducted the feasibility study at Valelevu ground adjacent to the Valelevu Multipurpose center but due to the land size it cannot accommodate the stadium and other facilities.

Renovation of Suva Sports Facilities The Chinese Technical team had arrived in March 2022 and work commenced for the renovation of Hockey center and Aquatics center.
7 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report Question 6 List of the categories of permits and number of permits that were approved Management Comment The categories of permits are Exemption Permit, Investor Permit, Residence Permit, Special Purpose, Student Permit, Visitor Permit, and Work Permit.

The number of permits that were approved is 14,321.
Question 7 With reference to Integrated Passport Issuance System, how does the office ensure maintenance of its security against major security threats, given the development in technology and rise in technology related threats?

Management Comment Department is strongly guided by its SOP's and Regulation which allows to control process related security threats.

The ePassport System is enclosed by a secured firewall and uses access controls as part of its security measures.
Furthermore, security document signer certificates are also changed quarterly to ensure security of the document and the authenticity of the chip inside.

One of the major security feature is the design of the passport itself.

The document has hidden security features that have been systematically put in place.

Question 8 Can the Department of Immigration elaborate on the costs involved in regards to the partnership with Muelbauer High Tech International for the introduction of its e-Passport System?
Management Comment Cost associated with the Partnership with MB is approximately €1,912,703.20 which is FJ $4,385,354.02.

The total cost of investment for 6 years is Euro $3,460,755.00 which is approximately FJ$7.8m to FJ$8m.

The cost includes of hardware, software, project implementation, installation, training, support and also the stock of yearly supply of ePassport Booklets.
Question 9 Are there any difficulties faced due to the transition to e-Passport system from the Machine- Readable Passports Management Comment The sudden power fluctuations and shut downs affect network system and delivery of services within specified timeline.

Some of the challenges include power fluctuations and failures in Fiji causing network disruption which in turns affects the service delivery hours at times.
8 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report Question 10 In terms of movement of vessels are they required, when entering our ports, to inform Border Control of the type of cargo that they are carrying on board?

Management Comment Not for Immigration; however is a requirement for other border agencies such as Customs and Biosecurity (responsible for movement of goods/cargo).
Question 11 In reference to page 36, there were 11 SOP’s developed and reviewed by the Research and Development Section, clarification is sought for the following: (a) Does the section develop SOP’s for other Department under the jurisdiction of the OPM?

(b) The 11 SOP’s developed, how has this improved the respective departments?

Management Comment a. Jurisdiction- No.

b.

The SOP's developed has significantly increased efficiency of the process.
This resulted in faster turnaround times for application outcomes.

This also boosted efficiency in relation to those process.

Question 12 In reference to page 44, regarding the qualified opinion of the Audit of the financial statement, clarification is sought on what measures has the Office and the Department put in place to rectify those issues?

Management Comment 1) Irregularities in revenue process i.
Revenue documents (receipts, cash analysis and bank lodgments) checked and verified by respective Managers daily in accordance with FID finance manual.

ii.

Revised SOP for revenue collection and management.

iii.

Revised Job Description’s KPI for respective Managers states compliance to Finance iv.

regulation and practice.

The receipts, cash analysis and bank lodgments are reconciled daily with IBMS by finance team.

v. Monthly reconciliations of BLC and revenue reconciliations, submitted to MOE.

vi.
vi.

Quarterly visit to outer stations to ensure adherence to Department's financial manual.

vii.

Checking process in Suva (receipts, cash analysis sheet, bank lodgment).

viii.

Revenue reconciliation conducted monthly.

9 | P a g e Management Response to the Issues raised by Standing Committee on Justice, Law and Human Right on the 2018-2019 Annual Report 2) Immigration Bond Trust Fund Account i.

Monthly reconciliation submitted on the 15th of every month to MOE.

ii.
ii.

Accurate reconciliations conducted within timeframe.

3) Anomalies in Payroll Expenditure i.

Overtime and meal paid from correct allocation.

ii.

Department conducting monthly Payroll General Ledger (GL Reconciliation.

4) Listing for Security Bond held in Trust i.

The Department as per the circular 03/2021-2022 has reconciled the substantiated Immigration Bond claimant listing till 31/05/2022 and has transferred the unsubstantiated trust monies to Consolidated Fund account 03/06/2022.

ii.
ii.

Monthly reconciliations will be performed by the Department to maintain the updated Immigration Bond claimant listing.

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