Identifier
Created
Classification
Origin
05KINGSTON211
2005-01-24 21:21:00
UNCLASSIFIED
Embassy Kingston
Cable title:
COMBATING TIP IN JAMAICA: PROSECUTION AND
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 KINGSTON 000211
SIPDIS
DEPARTMENT FOR WHA/CAR (BENT)
E.O. 12958: N/A
TAGS: JM KCRM KWMN PHUM ASEC ELAB EAID SMIG TIP
SUBJECT: COMBATING TIP IN JAMAICA: PROSECUTION AND
CRIMINALIZATION
REF: STATE 247994
UNCLAS SECTION 01 OF 04 KINGSTON 000211
SIPDIS
DEPARTMENT FOR WHA/CAR (BENT)
E.O. 12958: N/A
TAGS: JM KCRM KWMN PHUM ASEC ELAB EAID SMIG TIP
SUBJECT: COMBATING TIP IN JAMAICA: PROSECUTION AND
CRIMINALIZATION
REF: STATE 247994
1. Per reftel request, the following text constitutes Post's
INCLE-funded anti-trafficking in persons project proposal to
G/TIP for funding considering from FY 2005 appropriations.
This is a joint proposal with Kingston USAID Mission. Please
contact Post (see para 23) for clarification and further
detail.
2. Title of Project: "Combating Trafficking in Persons in
Jamaica: Prosecution and Criminalization"
3. Name of recipient organization / government agency:
International Organization for Migration (IOM),Ministry of
National Security (MNS),Ministry of Justice (MOJ)
4. Duration of project: 12 months
Project Summary
--------------
5. Embassy Kingston and the Kingston USAID Mission have
worked closely with IOM, Government of Jamaica (GOJ)
agencies, and civil society partners to better understand and
respond to human trafficking in Jamaica. Despite increasing
awareness of the issue, many law enforcement and judiciary
officials lack the necessary knowledge and skills to respond
effectively to cases of human trafficking. This project will
build on and complement past and present counter-trafficking
initiatives in Jamaica through the establishment of a special
anti-trafficking investigative unit. IOM will work closely
with national partners to establish a specialized unit and
provide intensive training, enabling Jamaican law enforcement
and prosecutorial structures to act more effectively against
trafficking. In addition, the project will assist victims by
sensitizing law enforcement to the basic needs of victims.
Finally, this project will prepare Jamaica for a more
intensive, regional technical training at a future date.
Project Objectives
--------------
6. Based on IOM's research assessment of trafficking in the
Caribbean, and the recommendations that have emerged from
consultations with Embassy Kingston, Kingston USAID Mission,
the GOJ, and other national partners, this project aims to
combat trafficking in persons by strengthening the capacity
of Jamaican law enforcement and judicial authorities to more
effectively investigate and adjudicate crimes of human
trafficking.
7. This project's overall objective is to contribute to the
reduction of human trafficking in and through Jamaica through
improved prosecution and criminalization. Specifically, the
project seeks: (a) to strengthen the capacity of Jamaican law
enforcement and judicial authorities to more effectively
prosecute and adjudicate crimes of human trafficking; and (b)
to increase the number of human trafficking cases
investigated and prosecuted in Jamaica.
Project Description
--------------
8. The level of the trafficking problem in Jamaica requires
a dedicated and specialized unit for its investigation and
monitoring. This project will focus on the Ministry of
National Security's law enforcement officials, including
police and immigration officers, as the central core of an
efficiently functioning Unit.
9. Establishment of Anti-trafficking Unit: As a first step,
IOM will, in close coordination with with relevant Jamaican
law enforcement, judicial and government authorities, convene
a multi-agency taskforce to work towards the establishment of
an anti-trafficking investigative unit. IOM will hold an
initial training session on the different international
models for specialized investigative units to combat
trafficking. IOM will then facilitate the process of
selecting a model for Jamaica and adapting it to the local
context.
10. Operational Manual: Once the special anti-trafficking
unit is in place and has received some basic training, IOM
will work with national partners to draft an operational
manual for the unit. The manual will contain operational
guidelines, detailing the roles and responsibilities of the
unit, guidelines for working with victims, and other
specifics. The manual will be firmly rooted in the local
context in order to ensure its applicability to the reality
on the ground as well as ownership by national partners.
Throughout this process, IOM will provide technical support
and specialized training opportunities.
11. Relationship to Other Initiatives: This project will
build on and complement past and present IOM
counter-trafficking activities in Jamaica. The specialized
anti-trafficking unit will be encouraged to participate in a
future Caribbean International Law Enforcement Academies
(ILEA) training offering, funded under the auspices of a
separate IOM program. Based on IOM's experience in other
parts of the world, the skills covered in an ILEA training
(victim identification techniques, best practices on how to
work with victims and convict traffickers, etc.) will be
essential to the fight against human trafficking in the
Caribbean. The establishment of a dedicated unit will
prepare Jamaica for participation in more intensive,
technical training in the future.
12. Sustainability: Throughout the project, IOM and Embassy
Kingston will work to ensure sustainability through the
transfer of counter-trafficking knowledge and skills to
national partners, and through the development of networks at
the local, national, regional, and international level.
Furthermore, IOM will continue to provide support to national
working groups as part of a wider group of
counter-trafficking initiatives in the region. In the
medium-term, IOM would like to provide technical assistance
to the GOJ, via that CARICOM Regional Legislative Drafting
Facility, in strengthening the laws against trafficking.
13. IOM's Expertise: In Jamaica, IOM is currently
implementing a capacity building program as part of a larger
regional initiative. The initiative includes national
research on trafficking in persons (including a comprehensive
legal review),a series of national and regional capacity
building events, and a regional awareness-raising information
campaign. In Jamaica, IOM has trained over 100 individuals
on the distinction between human trafficking and smuggling,
victim identification, and victim assistance programs. As
part of IOM's support to Jamaica's response to trafficking in
persons, IOM trained a specialized technical group on
outreach and information and awareness-raising strategies for
counter-trafficking. IOM has also been working closely with
Embassy Kingston and the Government of Jamaica on migration
management issues. Reducing irregular migration is an
important part of this program. For all of the above, IOM is
uniquely qualified and situated to contribute to the efforts
to combat trafficking in Jamaica.
Performance Indicators
--------------
14. As part of the ongoing evaluation of this project, IOM
and Embassy Kingston will measure and report performance
indicators. For training events in particular, pre- and
post-assessment questionnaires will be administered to
measure changes in knowledge and capacity as a result of the
training. Finally, the most important indicator for this
project is an increase in the number of investigations and
prosecutions of traffickers in Jamaica. Every effort will be
made to report progress in this area, though the full impact
may not be evident in the short term.
-- Multi-agency taskforce established on human trafficking
and law enforcement
-- Anti-trafficking investigative unit established
-- Operational manual on human trafficking developed
-- 50 law enforcement and judiciary officials trained in
Jamaica on the application of legal provisions against
trafficking
-- 50 law enforcement and judiciary officials sensitized
during national trainings
Evaluation Plan
--------------
15. Monitoring and evaluation will be an ongoing activity
throughout the project implementation, to ensure strict
adherence to program parameters at all times. This project
includes an internal monitoring system to determine progress
being made, to identify challenges and appropriate responses,
and to indicate possible future interventions. This project
also includes an internal evaluation system in order to
measure the progress towards specific project objectives and
assess the effectiveness and impact of project activities.
Reports will be prepared by IOM and Embassy Kingston on a
quarterly basis.
Project Background
--------------
16. Jamaica is a Tier 2 Watch List country of internal
trafficking of children for sexual exploitation (see 2004
Trafficking in Persons Report for details). IOM, together
with the Inter-American Commission of Women of the
Organization of American States, has been working closely
with governments in the Caribbean to support their response
to trafficking. This regional initiative includes capacity
building, information and awareness-raising activities, and
research in Jamaica. IOM has been conducting general
training and awareness-raising activities on trafficking in
persons to mixed audiences in Jamaica, including some law
enforcement officials.
17. Despite increasing awareness about the problem of human
trafficking, many GOJ officials, particularly within law
enforcement agencies, still lack the necessary knowledge and
skills to respond effectively to trafficking cases. Though
Jamaica has signed and ratified the United Nations Protocol
to Prevent, Suppress and Punish Trafficking in Persons, there
is no specific legislation criminalizing trafficking.
However, other existing criminal provisions do exist in
Jamaica that could be used to fight trafficking, such as the
recently passed Child Care and Protection Act. Designed to
fully implement the provisions of the Convention on the
Rights of the Child, portions of this law could improve the
identification of child trafficking by law enforcement and
social workers. Preliminary research has also identified
other existing criminal provisions related to one or more
elements of the trafficking process that could also be used
to fight trafficking in Jamaica. In the medium-term, IOM
would like to provide technical assistance to the GOJ to
consolidate the various pieces of legislation relating to
trafficking and generally strengthening the law in this area.
18. Embassy Kingston and IOM have been working closely with
the Government of Jamaica, particularly the Ministry of
National Security, on a comprehensive capacity building for
migration management program. This program included the
establishment of automated entry and exit immigration
controls, controls at ports of entry, extensive training, and
the review of national immigration legislation. A critical
component of this effort is the reduction of irregular
migration, including human trafficking. During preliminary
discussions, the Government of Jamaica has shown interest in
establishing an anti-trafficking unit. This project will
bring the necessary technical expertise to support the
establishment of a specialized investigative unit in Jamaica
to build the capacity of Jamaican law enforcement to
prosecute and criminalize trafficking in persons.
Budget Breakout
--------------
19. The estimated total cost to implement this project is
US$ 201,520. Please see the budget summary below for more
details. Items marked with an asterisk below are areas for
priority funding.
Project Operations COSTS
Specialized Investigative Unit and Law Enforcement Training
--In-country technical advisor (9 months)* $120,000
--Capacity building and training* $20,000
--Infrastructure support (computers)* $10,000
-------------- --------------
SUBTOTAL PROJECT OPERATIONS $150,000
-------------- --------------
STAFF & OFFICE COSTS
Staff Costs
--Project Specialist (IOM) 50% $12,000
--Support Staff $6,000
--Training $2,000
Office Costs
--Communications* $6,000
--Vehicle* $12,000
--Rent* $6,000
--Equipment* $2,000
--Overhead $5,520
-------------- --------------
SUBTOTAL STAFF & OFFICE COSTS $51,520
-------------- --------------
GRAND TOTAL $201,520
============================================= ========
Host Government Contribution
--------------
20. The Government of Jamaica will actively support the
project through the provision of logistical support and
through the identification of relevant staff to participate
in the multi-agency taskforce and to be members of the
anti-trafficking unit. In doing so, the GOJ will designate
an anti-TIP champion to raise the awareness of trafficking
within the administration.
21. As possible depending on resources, Caribbean NGOs --
including current Kingston USAID partners -- providing
shelter, basic needs assistance, medical and psychological
care, and skills training will support the project through
participation in national and regional events, and by
extending assistance in their particular areas of
specialization to victims of trafficking referred by IOM.
Proposed funding mechanism
--------------
22. IOM Kingston will provide overall coordination of the
project, including projected staff costs, as identified in
the budget breakout above, and will coordinate all financial
reporting, monitoring, and evaluation at 6-month intervals.
IOM Headquarters in Geneva, particularly Counter-Trafficking
Services, will provide technical inputs and participate in
trainings as appropriate. OAS headquarters in Washington may
provide a training session and/or project support staff.
Embassy POC
--------------
23. Embassy POC is Geoff Siebengartner, the Political
Officer responsible for trafficking issues. Contact details
are email: siebengartnergc@state.gov; telephone: (876)
935-6086; and fax: (876) 935-6029.
COBB
SIPDIS
DEPARTMENT FOR WHA/CAR (BENT)
E.O. 12958: N/A
TAGS: JM KCRM KWMN PHUM ASEC ELAB EAID SMIG TIP
SUBJECT: COMBATING TIP IN JAMAICA: PROSECUTION AND
CRIMINALIZATION
REF: STATE 247994
1. Per reftel request, the following text constitutes Post's
INCLE-funded anti-trafficking in persons project proposal to
G/TIP for funding considering from FY 2005 appropriations.
This is a joint proposal with Kingston USAID Mission. Please
contact Post (see para 23) for clarification and further
detail.
2. Title of Project: "Combating Trafficking in Persons in
Jamaica: Prosecution and Criminalization"
3. Name of recipient organization / government agency:
International Organization for Migration (IOM),Ministry of
National Security (MNS),Ministry of Justice (MOJ)
4. Duration of project: 12 months
Project Summary
--------------
5. Embassy Kingston and the Kingston USAID Mission have
worked closely with IOM, Government of Jamaica (GOJ)
agencies, and civil society partners to better understand and
respond to human trafficking in Jamaica. Despite increasing
awareness of the issue, many law enforcement and judiciary
officials lack the necessary knowledge and skills to respond
effectively to cases of human trafficking. This project will
build on and complement past and present counter-trafficking
initiatives in Jamaica through the establishment of a special
anti-trafficking investigative unit. IOM will work closely
with national partners to establish a specialized unit and
provide intensive training, enabling Jamaican law enforcement
and prosecutorial structures to act more effectively against
trafficking. In addition, the project will assist victims by
sensitizing law enforcement to the basic needs of victims.
Finally, this project will prepare Jamaica for a more
intensive, regional technical training at a future date.
Project Objectives
--------------
6. Based on IOM's research assessment of trafficking in the
Caribbean, and the recommendations that have emerged from
consultations with Embassy Kingston, Kingston USAID Mission,
the GOJ, and other national partners, this project aims to
combat trafficking in persons by strengthening the capacity
of Jamaican law enforcement and judicial authorities to more
effectively investigate and adjudicate crimes of human
trafficking.
7. This project's overall objective is to contribute to the
reduction of human trafficking in and through Jamaica through
improved prosecution and criminalization. Specifically, the
project seeks: (a) to strengthen the capacity of Jamaican law
enforcement and judicial authorities to more effectively
prosecute and adjudicate crimes of human trafficking; and (b)
to increase the number of human trafficking cases
investigated and prosecuted in Jamaica.
Project Description
--------------
8. The level of the trafficking problem in Jamaica requires
a dedicated and specialized unit for its investigation and
monitoring. This project will focus on the Ministry of
National Security's law enforcement officials, including
police and immigration officers, as the central core of an
efficiently functioning Unit.
9. Establishment of Anti-trafficking Unit: As a first step,
IOM will, in close coordination with with relevant Jamaican
law enforcement, judicial and government authorities, convene
a multi-agency taskforce to work towards the establishment of
an anti-trafficking investigative unit. IOM will hold an
initial training session on the different international
models for specialized investigative units to combat
trafficking. IOM will then facilitate the process of
selecting a model for Jamaica and adapting it to the local
context.
10. Operational Manual: Once the special anti-trafficking
unit is in place and has received some basic training, IOM
will work with national partners to draft an operational
manual for the unit. The manual will contain operational
guidelines, detailing the roles and responsibilities of the
unit, guidelines for working with victims, and other
specifics. The manual will be firmly rooted in the local
context in order to ensure its applicability to the reality
on the ground as well as ownership by national partners.
Throughout this process, IOM will provide technical support
and specialized training opportunities.
11. Relationship to Other Initiatives: This project will
build on and complement past and present IOM
counter-trafficking activities in Jamaica. The specialized
anti-trafficking unit will be encouraged to participate in a
future Caribbean International Law Enforcement Academies
(ILEA) training offering, funded under the auspices of a
separate IOM program. Based on IOM's experience in other
parts of the world, the skills covered in an ILEA training
(victim identification techniques, best practices on how to
work with victims and convict traffickers, etc.) will be
essential to the fight against human trafficking in the
Caribbean. The establishment of a dedicated unit will
prepare Jamaica for participation in more intensive,
technical training in the future.
12. Sustainability: Throughout the project, IOM and Embassy
Kingston will work to ensure sustainability through the
transfer of counter-trafficking knowledge and skills to
national partners, and through the development of networks at
the local, national, regional, and international level.
Furthermore, IOM will continue to provide support to national
working groups as part of a wider group of
counter-trafficking initiatives in the region. In the
medium-term, IOM would like to provide technical assistance
to the GOJ, via that CARICOM Regional Legislative Drafting
Facility, in strengthening the laws against trafficking.
13. IOM's Expertise: In Jamaica, IOM is currently
implementing a capacity building program as part of a larger
regional initiative. The initiative includes national
research on trafficking in persons (including a comprehensive
legal review),a series of national and regional capacity
building events, and a regional awareness-raising information
campaign. In Jamaica, IOM has trained over 100 individuals
on the distinction between human trafficking and smuggling,
victim identification, and victim assistance programs. As
part of IOM's support to Jamaica's response to trafficking in
persons, IOM trained a specialized technical group on
outreach and information and awareness-raising strategies for
counter-trafficking. IOM has also been working closely with
Embassy Kingston and the Government of Jamaica on migration
management issues. Reducing irregular migration is an
important part of this program. For all of the above, IOM is
uniquely qualified and situated to contribute to the efforts
to combat trafficking in Jamaica.
Performance Indicators
--------------
14. As part of the ongoing evaluation of this project, IOM
and Embassy Kingston will measure and report performance
indicators. For training events in particular, pre- and
post-assessment questionnaires will be administered to
measure changes in knowledge and capacity as a result of the
training. Finally, the most important indicator for this
project is an increase in the number of investigations and
prosecutions of traffickers in Jamaica. Every effort will be
made to report progress in this area, though the full impact
may not be evident in the short term.
-- Multi-agency taskforce established on human trafficking
and law enforcement
-- Anti-trafficking investigative unit established
-- Operational manual on human trafficking developed
-- 50 law enforcement and judiciary officials trained in
Jamaica on the application of legal provisions against
trafficking
-- 50 law enforcement and judiciary officials sensitized
during national trainings
Evaluation Plan
--------------
15. Monitoring and evaluation will be an ongoing activity
throughout the project implementation, to ensure strict
adherence to program parameters at all times. This project
includes an internal monitoring system to determine progress
being made, to identify challenges and appropriate responses,
and to indicate possible future interventions. This project
also includes an internal evaluation system in order to
measure the progress towards specific project objectives and
assess the effectiveness and impact of project activities.
Reports will be prepared by IOM and Embassy Kingston on a
quarterly basis.
Project Background
--------------
16. Jamaica is a Tier 2 Watch List country of internal
trafficking of children for sexual exploitation (see 2004
Trafficking in Persons Report for details). IOM, together
with the Inter-American Commission of Women of the
Organization of American States, has been working closely
with governments in the Caribbean to support their response
to trafficking. This regional initiative includes capacity
building, information and awareness-raising activities, and
research in Jamaica. IOM has been conducting general
training and awareness-raising activities on trafficking in
persons to mixed audiences in Jamaica, including some law
enforcement officials.
17. Despite increasing awareness about the problem of human
trafficking, many GOJ officials, particularly within law
enforcement agencies, still lack the necessary knowledge and
skills to respond effectively to trafficking cases. Though
Jamaica has signed and ratified the United Nations Protocol
to Prevent, Suppress and Punish Trafficking in Persons, there
is no specific legislation criminalizing trafficking.
However, other existing criminal provisions do exist in
Jamaica that could be used to fight trafficking, such as the
recently passed Child Care and Protection Act. Designed to
fully implement the provisions of the Convention on the
Rights of the Child, portions of this law could improve the
identification of child trafficking by law enforcement and
social workers. Preliminary research has also identified
other existing criminal provisions related to one or more
elements of the trafficking process that could also be used
to fight trafficking in Jamaica. In the medium-term, IOM
would like to provide technical assistance to the GOJ to
consolidate the various pieces of legislation relating to
trafficking and generally strengthening the law in this area.
18. Embassy Kingston and IOM have been working closely with
the Government of Jamaica, particularly the Ministry of
National Security, on a comprehensive capacity building for
migration management program. This program included the
establishment of automated entry and exit immigration
controls, controls at ports of entry, extensive training, and
the review of national immigration legislation. A critical
component of this effort is the reduction of irregular
migration, including human trafficking. During preliminary
discussions, the Government of Jamaica has shown interest in
establishing an anti-trafficking unit. This project will
bring the necessary technical expertise to support the
establishment of a specialized investigative unit in Jamaica
to build the capacity of Jamaican law enforcement to
prosecute and criminalize trafficking in persons.
Budget Breakout
--------------
19. The estimated total cost to implement this project is
US$ 201,520. Please see the budget summary below for more
details. Items marked with an asterisk below are areas for
priority funding.
Project Operations COSTS
Specialized Investigative Unit and Law Enforcement Training
--In-country technical advisor (9 months)* $120,000
--Capacity building and training* $20,000
--Infrastructure support (computers)* $10,000
-------------- --------------
SUBTOTAL PROJECT OPERATIONS $150,000
-------------- --------------
STAFF & OFFICE COSTS
Staff Costs
--Project Specialist (IOM) 50% $12,000
--Support Staff $6,000
--Training $2,000
Office Costs
--Communications* $6,000
--Vehicle* $12,000
--Rent* $6,000
--Equipment* $2,000
--Overhead $5,520
-------------- --------------
SUBTOTAL STAFF & OFFICE COSTS $51,520
-------------- --------------
GRAND TOTAL $201,520
============================================= ========
Host Government Contribution
--------------
20. The Government of Jamaica will actively support the
project through the provision of logistical support and
through the identification of relevant staff to participate
in the multi-agency taskforce and to be members of the
anti-trafficking unit. In doing so, the GOJ will designate
an anti-TIP champion to raise the awareness of trafficking
within the administration.
21. As possible depending on resources, Caribbean NGOs --
including current Kingston USAID partners -- providing
shelter, basic needs assistance, medical and psychological
care, and skills training will support the project through
participation in national and regional events, and by
extending assistance in their particular areas of
specialization to victims of trafficking referred by IOM.
Proposed funding mechanism
--------------
22. IOM Kingston will provide overall coordination of the
project, including projected staff costs, as identified in
the budget breakout above, and will coordinate all financial
reporting, monitoring, and evaluation at 6-month intervals.
IOM Headquarters in Geneva, particularly Counter-Trafficking
Services, will provide technical inputs and participate in
trainings as appropriate. OAS headquarters in Washington may
provide a training session and/or project support staff.
Embassy POC
--------------
23. Embassy POC is Geoff Siebengartner, the Political
Officer responsible for trafficking issues. Contact details
are email: siebengartnergc@state.gov; telephone: (876)
935-6086; and fax: (876) 935-6029.
COBB