SOLICITATION FOR 06 INCLE FUNDS FOR TIP

UNCLAS DHAKA 005911

SIPDIS

SIPDIS

STATE FOR G/TIP - SALLY NEUMAN AND MARK TAYLOR

E.O. 12958: N/A
TAGS: KCRM KWMN PGOV PHUM PREL BG
SUBJECT: SOLICITATION FOR 06 INCLE FUNDS FOR TIP

REF: A. 2005 STATE 221416


B. 2006 DHAKA 00775


1. Per reftels, Post is forwarding the following TIP
proposal submitted by Post in consultation with the Office of
Overseas Prosecutorial Training and Development (OPDAT) at
the US Department of Justice. This is the same proposal that
was submitted by Post on February 14, 2006 for a USD 190,000
proposal to continue training of prosecutors, investigators
and judges who are responsible for handling trafficking in
persons, (TIP) cases.


2. Since Post,s earlier cable, Post and OPDAT have now
exhausted the funds that were available for TIP projects in
Bangladesh. The RLA has now conducted a series of TIP
training programs in 2006 which trained a total of 100
prosecutors and investigators from nearly half of the 64
divisions in Dhaka. It was the first time that prosecutors
and investigators have received specialized training on
actual investigative and trial techniques for handling TIP
cases.


3. For example, in August, two week-long TIP training courses
were held using a Bangladesh-specific case study to walk
participants through the process of preparing and executing
an investigation plan. Under the guidance of an experienced
FBI Special Agent who has conducted TIP investigations in the
U.S. and abroad, students had to interview victims,
witnesses, conduct a search (for real evidence) and make a
consensually recorded telephone call. The RLA and a
Bangladeshi expert then coached participants in drafting an
order of proof, preparing witness and victims for trial, and
preparing direct and cross examinations of certain witnesses.
A mock trial was held on the last day; this allowed the
investigators to see how the evidence they collected could be
used to bolster the prosecution.


4. Continuation of such training program is critical.
Investigative and trial skills remain basic, at best, in
Bangladesh. The training formula used in August centered on
presentation of simple techniques, and on making students
comfortable with the use of those techniques through the
means of hands on exercises. Program feedback has been
enthusiastic; participants even worked overtime and during
tea breaks.


5. More training in Dhaka is necessary for the remaining
district TIP prosecutors and investigators who have not
attended the course. A second phase will include
mini-training sessions in the districts. Training is also
needed for the judges. In addition, a new FSN is needed to
support implementation of these projects and to liaise with
the field to ascertain the progress and pitfalls of judges,
prosecutors and investigators who have received training.


6. In support of Post,s renewed funding request, Post
attaches again the earlier proposal submitted to G/TIP by
Post and OPDAT, below:

PROPOSAL



A. Title: Strengthening Bangladeshi Capacity to Prosecute
and Adjudicate Trafficking in Persons Crimes


B. Name of Recipient Government Agency: U.S. Department of
Justice
Office of Overseas Prosecutorial Development, Assistance and
Training (DOJ/OPDAT)


C. Duration of Project: This is proposed as a one-year
project. It will be implemented as a follow-on project to an
OPDAT program now underway in Bangladesh to develop and
improve the abilities of Bangladeshi prosecutors to pursue
trafficking in persons (TIP) crimes.


D. Description of Project:


1. Background/Justification

Bangladesh is a country of origin and transit for women and
children trafficked for the purposes of sexual exploitation,
involuntary domestic servitude, and debt bondage. An
estimated 10-20,000 women and girls are trafficked annually
to India, Pakistan, Bahrain, Kuwait, and the United Arab
Emirates (U.A.E.). A small number of women and girls are
trafficked through Bangladesh from Burma to India.
Bangladeshi boys are also trafficked into the U.A.E. and
Qatar and forced to work as camel jockeys and beggars. Women
and children from rural areas in Bangladesh are trafficked to
urban centers for commercial sexual exploitation and domestic
work.

Bangladesh has made important strides in dealing with
trafficking problems. Laws designed to specifically
criminalize anti-trafficking were added to the Penal Code in
2000, and law enforcement resources have been specifically
dedicated to handling such cases. Twenty-five District
Judges were assigned to deal with trafficking cases arising
under the Penal Code, and an additional 41 Special District
Tribunals were set up to handle cases under the Women,s and
Children,s Code. In 2004, the government designated a
Deputy Attorney General to ensure quick disposal of
trafficking cases, and approximately 60 Special Public
Prosecutors have been assigned to handle such cases.

While Bangladesh reports obtaining convictions in TIP
prosecutions (17 last year),as well as initiation of TIP
related corruption prosecutions (11 cases reported initiated
last year),the DOJ Resident Legal Advisor posted to Embassy
Dhaka, and other DOJ lawyers who have assessed Bangladeshi
prosecution capacity remain skeptical of the accuracy and
veracity of these figures. In actual fact the &Special
Public Prosecutors8 are lawyers in private practice who are
paid a pittance for handling their TIP cases. While they are
reported to be generally well intentioned, and attempt to do
their best in the face of tremendous obstacles, they are
poorly trained and susceptible to corruption. Predictably,
there is also a serious disconnect between investigators and
prosecutors (among other things, the investigators file the
charges before the prosecutor is even involved). Prosecutors
do little in the way of case preparation and often meet the
victims and witnesses for the first time at the court
proceedings.

As noted, DOJ/ODPAT is currently engaged in a G/TIP funded
program to develop prosecution skills and competence to
handle trafficking cases, and to put in place indigenous
training capacity. DOJ has two initial goals: train all 60
of the prosecutors (with the additional inclusion at that
training of the 10 investigators who are members of the
Anti-TIP police cell),and gradually build indigenous
training capacity. A four day train-the trainer program is
scheduled for Dhaka for the week of March 20, 2006, with
follow on training and mentoring


2. Objective:

To expand and strengthen enforcement of Bangladesh,s
anti-TIP laws against persons engaged in human trafficking,
by improving the capacity of Bangladesh,s prosecutors and
judges to develop, handle and justly resolve such cases.


3. Activities:

The Project will consist of two main components: (1) follow
on training for prosecutors, with emphasis on developing
indigenous, self-sustaining training capacity, and (2) TIP
training for judges on both the District Court and Special
Tribunals, again with the ultimate goal of developing
self-sustaining training capacity. The two components will
be separately implemented, as the judges have expressed a
strong insistence to DOJ to be trained alone (there are a
variety of persuasive institutional and cultural reasons for
this, reflecting the different professional standing of
prosecutors and judges in Bangladesh).

a. Prosecutor Training

DOJ/OPDAT will continue its ongoing efforts to develop the
skills of prosecutors to handle TIP cases, while at the same
time build and expand a team of Bangladeshi
prosecutor-trainers, who can increasingly take responsibility
for implementing such training.

The substantive training will address the black letter law,
including Bangladeshi TIP statutes, TIP modalities seen in
Bangladesh (with case studies),advocacy skills, the need for
prosecutors and law enforcement to be aware of and sensitive
too the special nature and needs of trafficking victims,
resources available for TIP victims, and the roles of NGOS,
the need for greater cooperation between both prosecutors and
investigators and prosecutors and NGOs, witness protection
and international legal assistance mechanisms.

Development of a cadre of Bangladeshi trainers is a longer
term goal. TIP training for prosecutors needs to be put in a
larger context: Bangladeshi prosecutors do not currently
receive any kind of specialized or continuing legal training.
There is no prosecutor training academy. Accordingly, it
is unreasonable to expect that one or two &train the
trainers8 sessions will build the level of capacity that is
sought. Instead, we propose a gradual incorporation of
Bangladeshis into the program faculty, with US trainers
mentoring promising instructors at each step of the way, so
that they can take increasing larger roles in the training
program.

DOJ/OPDAT proposes a minimum of three prosecutor training
programs at four to five month intervals, for approximately
15 prosecutors per session (these are follow-on training
programs that will build on the three training programs for
prosecutors planned under the currently funded program). The
RLA at Embassy Dhaka recommends all training be done in
Dhaka, rather than the regions for reasons of facilities,
safety and logistics.

b. Judicial Training

Judicial training would be similar in content to prosecutor
training, but for institutional and cultural reasons, would
be run separately (ideally, in tandem with prosecutor
training). Emphasis would be placed on both providing judges
with the substantive capacity to better handle TIP cases, and
on mentoring a cadre of judicial trainers who, over time
would assume a larger role in implementing the training.
Special emphasis would also be put on issues of particular
relevance to judges, including the need for judges to treat
TIP crimes as serious crimes warranting real sentences.

Judicial training will be facilitated by the existence of a
judicial training academy in Dhaka (set up and run with
support from Danida, the Danish aid agency). DOJ/OPDAT
proposes two training sessions; one for District Court judges
and one for Special District Tribunal Judges.

c. &Refresher8 Training for Prosecutors and Judges

DOJ/ODDAT proposes that graduates of both sets of training
programs return for shorter one or two day courses that will
focus on hypothetical case studies, and applying law to
specific fact patterns. Refresher courses would be
coordinated through the DOJ RLA,s office at the embassy and
would not rely of US or foreign faculty traveling to
Bangladesh, but would instead use Bangladeshi trainers who
had been mentored during the first rounds of training.
Because the courses are shorter and simpler in nature,
refresher courses could be offered in the regions as well as
in Dhaka.

d. Creation of Second DOJ FSN position to support TIP
programs

The success of this program will depend on the ability to
have regular follow-up with participants. As noted,
in-service training of legal professionals is, in and of
itself, largely non-existent in Bangladesh. Realistically,
indigenous trainers are not going to be produced in one-four
day session, but will need gradual and repeated mentoring to
develop confidence in their role. OPDAT experience across the
globe demonstrates that local trainers can eventually take
over and handle most training responsibilities, but that the
process of building an indigenous training corps is gradual.

Accordingly, OPDAT proposes adding a qualified Bangladeshi
attorney to its office at Embassy Dhaka, to be supervised by
the RLA and OPDAT/HQ, with primary responsibility for
substantive and logistical implementation of the program. At
present, DOJ,s existing office Embassy Dhaka is staffed by
only one Bangladeshi FSN, who is exclusively funded by
counter-terrorism funds, and who already has a full portfolio
of activities.

Addition of a locally employed staff (LES) person, dedicated
to this project, will also allow for better program
evaluation and better curricula development. In addition to
coordinating the training events themselves, a properly
supervised LES will provide the ability to follow actual
cases through the courts, and identify patterns and
modalities as well as weaknesses in enforcement and
adjudication process. This information can be fed back into
the training programs, particularly at the follow-on
roundtable and &refresher8 stages of training.


E. Justification: See discussion above at
Background/Justification


F. Performance Measures:

A cadre of Bangladeshi trainers is developed with
specialized competencies to deliver TIP training to
prosecutors and judges.
Bangladeshi Prosecutors acquire a better understanding
of the successful techniques and strategies used in anti-TIP
cases and thus are better prepared to bring such prosecutions.

Bangladeshi judges develop a better understanding of
the legal and societal issues presented by TIP cases, and of
the necessity of applying appropriate sanctions in such cases.

Number of TIP prosecutions and convictions increases.


G. Evaluation Plan

Participant evaluations will be solicited as part of each
training program, and recommendations and feedback will be
considered and incorporated into planning of subsequent
training sessions. DOJ/OPDAT personnel in Bangladesh will
follow-up at regular intervals with training participants to
obtain further feedback both on follow-on training needs, and
to ascertain how training is being put to use in practice.

After Action reports will be prepared for all events, and
reporting on both programs and their impact will be included
in the regular DOJ/OPDAT reporting from Post. DOJ will
attempt to monitor the handling of selected, representative
TIP prosecutions. Follow on reporting will include
qualitative and (to the extent possible) quantitative
information on TIP prosecutions and convictions in Bangladesh.

OPDAT/HQ will periodically review the program in Washington,
using after action reports, RLA reporting, and other sources.


H. Budget Breakout: See Appendix


I. Host Government Contribution: Bangladesh is one of the
world,s poorest countries, and the government has few
resources to support training programs. The government is
willing to make facilities available for programs, but these
are often in such poor condition that they are not viable
training sites. Bangladeshi partners at the prosecutors,
offices and on the judiciary continue to give freely or their
time and energy to make training programs a success, and have
exhibited important political will towards improving anti-TIP
efforts.


J. Proposed Funding Mechanism: INCLE Funds through DOJ/OPDAT


K. Embassy Point of Contact

Nancy Langston
Resident Legal Advisor (DOJ/OPDAT)
LangstonNX@state.gov
US Embassy
Madani Avenue, Baridhara
Dhaka 1212, Bangladesh
Work tel: 880-2-885-5500, ext. 2516
Work fax: (880) (2) 882-3744 (Main Embassy fax)


APPENDIX

Budget Breakout

a. Three (3) prosecutor training workshops:

(cost per workshop)

US trainers (2 per program)

Airfare (rt--$8,000 each) $16,000
Lodging (6 nights each @ $116) $1,392
Per diem (8.5 days @ $75 per day) $1,275
Subtotal $18,667

Site Expenses:
(venue and equipment rental for
4 day program) $1,000

Participant expenses (for prosecutors from
outside Dhaka):

Lodging and MI%E for 4 days
($175 per participant x 10) $1,750
Transportation ($50 x 10) $500

Materials $1,500

Subtotal (per training) $23,517

Translation (one time expense) $1,000

Total for three programs: $71,551


b. Two (2) Judicial Training Workshops

(cost per workshop)

US trainers (2 per program)

Program 1:
Airfare (same trainers as at
Prosecutor training) 0
Lodging (5 additional nights
each @ $116) $1,160
Per diem (5 additional days
@ $75 per day) $750
Subtotal $1,910

Program 2:
Airfare (rt--$8,000 each) $16,000
Lodging (6 nights each @ $116) $1,392
Per diem (8.5 days @ $75 per day) $1,275
Subtotal $18,667

Site Expenses (each program):
(venue and equipment rental for
4 day program) $1,000

Participant expenses, each program
(for prosecutors from outside Dhaka):

Lodging and MI%E for 4 days
($175 per participant x 10) $1,750
Transportation ($50 x 10) $500

Materials $1,500

Subtotal for Judicial Program I: $6660
Subtotal for Judicial Program II: $21,917

Translation $500

Total for Two Programs: $29,077

c. &Refresher8 Training for Prosecutors and Judges

Five (5) one day programs in Dhaka

Site Expenses:
(venue and equipment rental for
1 day program) $250

Participant expenses (for prosecutors from
outside Dhaka):

Lodging and MI%E for 2 days
($100 per participant x 10) $1000
Transportation ($50 x 10) $500

Materials $500
Subtotal per program: $2,250

Translation: $500

Total for five programs $11,750

d. DOJ Locally Employed Staff Attorney (FSN)

Salary and benefits $10,000
In-country travel expenses $2,500
Computer/office furnishings $12,000
Increase to ICASS Assessment $15,000

Total for LES position $39,500


Total Program Expenses $151,878

OPDAT Overhead at 12% of expenses $18,225

Program Cost: $170,103
BUTENIS