WHA- TRAFFICKING IN PERSONS SOLICITATION FOR ESF

UNCLAS KINGSTON 000330

SIPDIS

STATE FOR WHA/CAR (BENT) AND INL/LP (BOZZOLO)
STATE ALSO FOR G/TIP (ETERNO)
STATE ALSO FOR WHA/PPC (PUCCETTI)
DOJ FOR OPDAT (LIPMAN)

SIPDIS

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB JM
SUBJECT: WHA- TRAFFICKING IN PERSONS SOLICITATION FOR ESF
AND INCLE PROJECTS FOR FY 2006

Ref: SECSTATE 221183

This cable is in response to Reftel request for anti-
trafficking in persons project proposals for funding
consideration from FY2006 INCLE and ESF appropriations.
Post hereby submits two project proposals one for funding
consideration for FY2006 INCLE funds and the second for
funding consideration for FY2006 ESF funds.

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INCLE PROJECT PROPOSAL
--------------


A. Title:

Technical Assistance Proposal to Increase the Capacity of
Jamaica's Criminal Justice System to Combat Trafficking in
Persons by Advancing and Strengthening Its Institutional
Capacity to Investigate, Prosecute, and Adjudicate Such
Cases


B. Name of Recipient Organization/Government Agency:

U.S. Department of Justice
Office of Overseas Prosecutorial, Development,
Assistance and Training (OPDAT)
Attention:

Robert Lipman, Program Manager
Phone: (202) 514-0950
e-mail: Robert.Lipman@usdoj.gov

Beth Truebell
Phone: 202-514-3253
e-mail: Beth.Truebell@usdoj.gov

This proposal was prepared in partnership with:

Natasha Henderson, Director
Narcotics Affairs Section
U.S. Embassy
Kingston, Jamaica
Phone: 876-935-6085
e-mail: Hendersonnm@state.gov



C. Duration of the Project and whether project is new or
ongoing:

This is a new project with a proposed duration of two (2)
years.


D. Description:

The proposal is designed to increase the capacity of
Jamaica's criminal justice system to combat trafficking in
persons. This will be accomplished by advancing and
strengthening Jamaica's institutional capacity to
investigate, prosecute, and adjudicate cases involving
trafficking in persons. The program has five components:

1) A multi-phase component with an objective of enhancing
the capacity of law enforcement and civil society
(prosecutors, investigators, border officials, victim
service providers, and other relevant stakeholders and NGOs)
to investigate and prosecute human trafficking and respond
appropriately to victims. This component will consist
primarily of a series of workshops in which U.S. experts
(for example, a prosecutor, an investigator, and a victim-
witness expert) help their Jamaican counterparts create an
Operations and Tactics Handbook to Combat Trafficking in
Persons. This handbook, when completed, will describe the
best practices for Jamaican investigators, prosecutors,
victim service providers, and other relevant stakeholders
and NGOs.

The process of developing this handbook will build
cooperation between and among criminal justice sector
agencies and relevant stakeholders in civil society so that
all relevant entities (prosecutors, investigators, border
officials, victim service providers, and other relevant
stakeholders and NGOs) collaborate effectively to combat
human trafficking. Indeed, the OPDAT trainers/facilitators
will explain the importance of maintaining a host country
interagency law enforcement working group to combat human
trafficking and will provide concrete suggestions for
incorporating the interagency law enforcement working group
concept into the Operations and Tactics Handbook. The

Operations and Tactics Handbook, when completed, can also
serve as the core document for the training of Jamaican law
enforcement (prosecutors, investigators, border officials,
etc.) on human trafficking.

During the course of the workshops it is expected that
weaknesses in Jamaica's legislative regime will be
identified and that the U.S. trainers will make suggestions
for legislative changes to enhance Jamaica's capacity to
combat trafficking in persons, such as criminal code reforms
and civil forfeiture of property used to commit crimes (or
acquired with the proceeds of crime). (Note: Both the U.S.
and the U.K. have enacted and implemented civil forfeiture
legislation.). In addition to facilitating the development
of the operations handbook, this component of the program
will include practical exercises, such as exercises on
conducting searches for evidence, investigative teamwork and
investigative planning, and interviewing victims. OPDAT
will closely coordinate this component of the program with
AmEmbassy/Kingston's Pol/Econ Office.

2) A multi-phase "judicial exchange" program spanning two
years to facilitate the use of "best practices" by Jamaican
judges in the adjudication of cases involving trafficking in
persons. This program will consist of a series of workshops
to sensitize Jamaican judges to the seriousness of the crime
of trafficking in persons and to help Jamaican judges
prepare a "benchbook" of best practices for adjudicating
human trafficking cases. The workshops would be conducted
by U.S. judges in collaboration with Jamaican judges. After
the initial workshop, Jamaican judges selected by
AmEmbassy/Kingston would be invited to spend one week
"shadowing" a U.S. judge to observe how criminal cases are
fairly and effectively adjudicated in the U.S. under the
U.S. federal rules of criminal procedure; it is anticipated
that eight Jamaican judges (approximately one each quarter)
will be able to shadow U.S. judges over the two-year period.
OPDAT will closely coordinate this component of the program
with AmEmbassy/Kingston's Pol/Econ Office.

3) A public affairs event for policymakers, judges, law
enforcement executives, other important government
officials, journalists and other members of the news media
of Jamaica to promote political will to combat trafficking
in persons. This public affairs event, which will be co-
hosted by AmEmbassy/Kingston and the Government of Jamaica,
will emphasize that human trafficking is both a global and
regional issue. Among other things, this event is intended
to enhance political support for intensified efforts by
Jamaican law enforcement to combat human trafficking. OPDAT
will closely coordinate this component of the program with
AmEmbassy/Kingston's Public Affairs Office.

4) A public awareness program in which college and high
school students (and, possibly, other students) are
encouraged to write articles and create posters about
trafficking in persons. Efforts will be undertaken to have
select articles published and select posters duplicated and
posted. This component of the program will promote public
awareness of human trafficking in an effort to enhance
prevention, protection, and prosecution. Among other
things, such increased public awareness is expected to
increase the flow of actionable information about human
trafficking to Jamaican law enforcement. OPDAT will closely
coordinate this component of the program with
AmEmbassy/Kingston's Public Affairs Office.

5) Project monitoring and evaluation (see evaluation plan,
below)

The program is entirely sustainable because the technical
assistance will, in essence, provide the recipients the
"know how" to identify, document and implement the "best
practices" for investigating, prosecuting, and adjudicating
cases involving human trafficking within the available
resources and within the present legal regime of Jamaica.
Suggestions will also be provided on how to expand those
existing resources (through civil forfeiture) and strengthen
the existing legal regime (through criminal code reform).
All these activities are sustainable because, once the
technical assistance provides the host country officials the
requisite "know how," the host country officials will be
able to sustain and expand the program essentially without
cost.


E. Justification:
The following summary is derived from the Department of
State's 2005 "Trafficking in Persons Report" and other

sources. Jamaica is a source country for children
trafficked internally for the purpose of sexual
exploitation. A 2001 ILO report cited that more than 100
minors, both boys and girls, are involved in Jamaica's sex
trade. Precise numbers of trafficking victims are difficult
to establish due to the underground and under-acknowledged
nature of trafficking in the country. Victims often travel
from rural areas to urban and tourist centers where they are
trafficked into prostitution sometimes with the
encouragement or complicity of their families. Jamaica is a
transit country for illegal migrants moving to the U.S. and
Canada; some may be trafficking victims.
The Government of Jamaica does not fully comply with the
minimum standards for the elimination of trafficking and is
not making significant efforts to do so. Jamaican officials
failed to undertake any significant efforts to arrest and
prosecute traffickers who target children. The government in
March 2004 passed the Child Care and Protection Act and has
conducted an associated nationwide campaign related to some
aspects of the law. However, some of the Act's provisions
have not yet been implemented. Additionally, there was no
discernable action taken against traffickers who sexually
exploit children. Jamaica needs to increase its efforts to
create mechanisms to report crimes, ensure the safety of
victims, and effectively prosecute and convict traffickers.
Additionally, actions should be taken against corrupt
officials who are facilitating the unauthorized
international movement of persons.
Jamaica's law enforcement efforts during the reporting
period were weak and did not target traffickers. The
government's law enforcement strategy against child sex
trafficking was based upon the 2004 Child Care and
Protection Act, which does not address the problem in
sufficient depth. There have been no substantial law
enforcement steps taken to identify and investigate
trafficking cases under the Act, although the Act has been
invoked numerous times to prosecute and convict cases of
child abuse and other violations of children's rights.
However, there were no reported trafficking-specific
investigations, arrests, prosecutions, or convictions over
the past year. There has been some limited training for
police on the rights of the child as provided for under the
Child Care and Protection Act and the IOM provided anti-
trafficking training to Jamaican officials. The government
also worked with the IOM to enhance its ability to detect
transnational trafficking and implemented an island-wide
passenger entry and exit system.

The proposed technical assistance is designed to help
Jamaica identify and implement procedures that will mitigate
in a sustainable way the criminal justice system
deficiencies noted above.



F. Performance indicators:

- Development by relevant stakeholders (prosecutors,
investigators, border officials, victim service providers,
and other relevant stakeholders and NGOs) of an Operations
and Tactics Handbook to Combat Trafficking in Persons
describing the best practices for Jamaican investigators,
prosecutors, victim service providers, and other relevant
stakeholders and NGOs consistent with the legal regime and
resources available in Jamaica

- Implementation by relevant stakeholders (prosecutors,
investigators, border officials, victim service providers,
and other relevant stakeholders and NGOs) of some or all the
best practices identified in the an Operations and Tactics
Handbook to Combat Trafficking in Persons (described above)

- Use of relevant portions of the Operations and Tactics
Handbook to Combat Trafficking in Persons (described above)
by Jamaica in the training of its law enforcement
(prosecutors, investigators, border officials, etc.)

- Development by the Jamaican judiciary of a benchbook
describing best practices for the fair and efficient
adjudication of cases involving human trafficking, including
the appropriate treatment by the court system of victim-
witnesses

- Implementation by the Jamaican judiciary of some or all
the best practices described in the benchbook (described
above) on the fair and efficient adjudication of cases
involving human trafficking

- Development by students of Jamaica of articles and

posters on human trafficking -- specifically, articles and
posters designed to enhance prevention, protection, and
prosecution; select articles are published and select
posters are duplicated and posted

- Favorable newspaper or other media coverage of the
public affairs event highlighting that human trafficking is
a global and regional problem



G. Evaluation Plan:

Project monitoring and evaluation will be undertaken on a
continuous basis by OPDAT and AmEmbassy/Kingston; a
quarterly report prepared by OPDAT will be submitted to
AmEmbassy/Kingston and G/TIP. The project monitoring and
evaluation will include regular phone calls, e-mails, and
other forms of communication between OPDAT and
AmEmbassy/Kingston; to the extent necessary, OPDAT will
conduct on-site evaluations. The project monitoring and
evaluations, including the quarterly report, will address
the progress of the project and how U.S. tax dollars are
helping in the fight against trafficking in persons.



H. Budget breakout:

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Proposed two-year budget
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Six (6) workshops for prosecutors and other law enforcement
Per diem $5,352.
(four (4) trainers each in country six (6) days)
Travel (four (4) trainers) $4,000.
Site Expenses per workshop $2,500.
Cost per workshop $11,852.
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Total for six (6) workshops $71,112.

Four (4) workshops for Judges

Cost per workshop (see above) $11,852.
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Total for four (4) workshops $47,408.

Judicial Exchanges (Eight (8) Jamaican judges "shadow" U.S.
Judges)

Per diem $250.
Travel $1,000.
Cost per judge $1,250.
-------------- --------------
Total for eight (8) judges $10,000.

Public Affairs Event

Per diem $2,676.
(three (3) trainers each in country four (4) days)
Travel $3,000.
Site expenses $3,000.
-------------- --------------
Total $8,676.

Workshops for students

Per diem $5,352.
(four (4) trainers each in country six (6) days)
Travel $4,000.
Site expenses for a three (3) day workshop $1,500.
Cost of a three (3) day workshop $10,852.
-------------- --------------
Total for six (6) workshops $65,112.

Materials and other expenses $20,000.

Total program expenses $222,308.

ODAT overhead at 12% of expenses $26,677.

Program Cost $248,985.




I. Type and amount of host government contribution:

The core philosophy of this program is that the components
of Jamaica's criminal justice system and other relevant

stakeholders - including the courts, investigators,
prosecutors, victim service providers, NGOs, and other
relevant stakeholders - are in the best position to know the
legal regime of Jamaica and the resources available in
Jamaica and, therefore, they are in the best position to
determine the best practices for investigating, prosecuting,
and adjudicating cases involving human trafficking within
the constraints of that legal regime and the available
resources. OPDAT, in coordination with AmEmbassy/Kingston
will be the catalyst for the identification of best
practices and the host government will make a significant
contribution of manpower (by judges, prosecutors,
investigators, etc.) in the identification, documentation,
and implementation of those best practices.


J. Proposed funding mechanism:

Letter of Agreement (or Amended Letter of Agreement) / Inter-
Agency agreement with U.S. Department of Justice (Office of
Overseas Prosecutorial Development, Assistance and
Training(OPDAT)).


K. Embassy point of contact:

Natasha Henderson, Director
Narcotics Affairs Section
U.S. Embassy
Kingston, Jamaica
Phone: 876-935-6085
e-mail: Hendersonnm@state.gov



L. Other donors: None.

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ESF PROJECT PROPOSAL
--------------


A. Title:

Technical Assistance Project to Enhance the Capacity of
Shelters and NGOs to Address the Needs of Trafficking
Victims


B. Name of Recipient Organization/Government Agency:

USAID/Jamaica - Office of General Development (Health and
Education)

Margaret Sancho-Morris, Director
Office of General Development
USAID/Jamaica-Caribbean
2 Haining Road
Kingston, Jamaica
Tel: (876) 926-3645
Fax: (876) 929-9944
E-mail: msancho-morris@usaid.gov

In partnership with:

USAID - Office of Economic Growth Agriculture and Trade
(EGAT)

Mary Knox
Women in Development Office
Office of Economic Growth Agriculture and Trade
1300 Pennsylvania Ave NW, Rm. 3.08-003
Tel: (202) 712-0978
Fax: (202) 216-3173
E-mail: mknox@usaid.gov

Maria Barron
Democracy & Human Rights Officer
Bureau for Latin America and the Caribbean
1300 Pennsylvania Ave NW, Rm. 5.09-75
Washington, DC 20523
Tel: (202) 712 0399
Fax: (202) 216 3262
Email: mbarron@usaid.gov


C. Duration of Project:

This is a two year, new project which will coordinate with
anti-trafficking activities implemented through
USAID/Jamaica's Education portfolio (educational skills
training).


D. Description:

Over the past year, the Government of Jamaica has made some
efforts to address the problem of trafficking in persons,
including the establishment of a National Taskforce against
trafficking in persons, and passing legislation to protect
the rights of children and prosecute those guilty of this
crime. However, there is a need for better sheltering and
protection for trafficked victims, and to increase
sensitization of the public and grassroots organizations to
recognize and give higher priority to combating trafficking
and the conditions that give rise to, and arise as a result
of this issue.

Objectives
This project will enhance the capacity of targeted local,
grassroots organizations to deliver critical services to
trafficked victims, to implement preventative activities for
high-risk groups, and to develop and deliver effective
messages to high risk communities regarding trafficking. An
effort will be made to link private sector entities with
these organizations in support of the critical services they
seek to deliver in a way that can help foster long-term
sustainability.

Activities
Trafficking victims require temporary, yet immediate safe
and secure accommodation in order to benefit from the
necessary support services including medical, psychosocial,
and legal counseling. Victims who have been effectively
counseled and supported make better witnesses during the
prosecutorial process and improve the probability that they
will not fall back into the human trafficking trap. In
addition to the initial emergency services, victims may need
ongoing counseling and basic life skills, including
vocational and social reintegration skills. At present, the
only available shelter in the Kingston metropolitan area is
that of a local NGO, Women's Inc. However, this shelter is
limited in space with only eight beds, and actually serves
as a crisis center for family abuse, including domestic
violence cases. As it currently operates, this center is not
suited to meet the short or long terms needs of trafficked
victims. Similarly, numerous NGOs provide assistance to
women and children who are victims of domestic abuse. With
some additional training and resources these NGOs providing
similar services could easily address the needs of
trafficking victims. A formal assessment can be conducted of
Women's Inc. and other NGOs to determine their immediate
capabilities and the best candidates for capacity building.
In conjunction with local partners (e.g. the National
Taskforce, Bureau of Women's Affairs, and local NGOs)
existing models for shelters, safe houses, and transit
centers (such as the ones in Southeastern Europe) will be
reviewed to determine which components should be replicated
in Jamaica. Factors for review include staff personal
security, geographical location, ability to maintain a safe
and secret location, urban versus rural, apartment versus
house, type of security system, closed style or open regime,
fundraising and sustainability of the shelter, as well as
cooperation with police, immigration and other relevant
agencies.

Operational hotlines for reporting alleged trafficking cases
exist through the Ministry of National Security and the
Bureau of Women's Affairs' helpline. Callers can currently
anonymously report alleged cases of gender-based violence;
however, closer linkages with other support services - like
the shelters - can and should be made. These hotlines can be
supported by shelters and other NGOs, and promoted by the
media as part of a targeted public awareness campaign.
Information provided through these hotlines would include
information involving contingency emigration procedures,
travel safety, case counseling and referrals to service
providers for survivors or victim family members, list of
contacts for NGOs and Jamaican embassies in the region, and
an exit strategy for callers who are current victims. The
data provided through hotlines will be instrumental to the
anti-trafficking partners, especially to the Taskforce's
policy-formulation and program development.

Sustainability
Both the shelter capacity building and the hotline activity
would be enhanced by other related activities already being
implemented through USAID/Jamaica's current 2005-2009
mission strategy, including educational skills training for
those at-risk for being trafficked through local NGOs and
enhancing linkages with the national police force and
justice system to increase the number of successfully

prosecuted trafficking cases. Through collaboration with the
National Taskforce and local partners, this project will
seek to utilize and enhance established systems and services
to address the needs of trafficking victims, and assist in
building up the national capacity to prevent and address
trafficking. Activities will be strategically placed to
continue over the long term. In addition to creating
linkages with the programs of other international donors
(e.g. DFID, UNICEF, IOM, ILO),the Jamaican private sector
would also be approached to support components of this
project to ensure sustainability.


E. Justification:

Justification for this activity hinges on a number of
critical factors at both the national and grassroots-level.
The U.S. Mission to Jamaica has formulated an integrated
plan to address the weak link in effective national response
to trafficking, by developing complementarities in Mission
programming. For example, it seeks to strengthen linkages
with the justice system to address the prosecution
component, and to capitalize on education and health
activities which support prevention and protection.
Furthermore, activities outlined in this proposal will
assist trafficking victims at critical times and contribute
to preventive efforts for other vulnerable populations by
enhancing overall capabilities at the grassroots-level. It
also reinforces the need for sensitizing NGOs on how to
incorporate trafficking into their existing mandates and
foster sustainability by expanding their services.
Quantitative data on trafficking in Jamaica is very limited,
and these activities will also impart evidence at the onset
of the trafficking cycle.


F. Performance Indicators:

Illustrative indicators include:
- Increase in the number of partnerships created with
the private sector to address trafficking,
- Percent increase in number of trafficking related
interventions undertaken (e.g. training, publications,
counseling),
- Number of individuals assisted through NGO/shelter-
based care and support services.


G. Evaluation plan:

At the start-up of project implementation, an initial survey
will be conducted to establish a baseline for trafficking-
related services provided by targeted service organizations,
the types and levels of case management services available
through local shelters and NGOs, as well as levels of
security and ability to refer clients to other related
organizations (health centers, training, practical job
opportunities). Focus groups with shelter/NGO staff and
administrators will determine the level of knowledge
regarding trafficking in persons and the related case
management needs (counseling, life skills, repatriation, and
social reintegration). Quarterly reports on the status of
program implementation will be required. At the end of the
intervention follow-up local surveys will be conducted with
participating organizations to assess improvements in
facility management and available support services.


H. Budget breakout:

--------------
Proposed two-year budget
--------------

Staff and Administration

Organizational Management Specialist $40,000.
Financial Manager $30,000.
Administrative Support $14,000.
-------------- --------------
Total $84,000.

Supplies/Support Services

Equipment and materials $35,000.
-------------- --------------
Total $35,000.

Technical Activities and Research

Model review and assessment $5,000.
Referral systems development $20,000.

Management systems development $15,000.
Staff training and sensitization $25,000.
Enhance local help lines $10,000.
Public/private alliance building $15,000.
Monitoring and evaluation
$35,000.
-------------- --------------
Total $125,000.

Program Cost
$244,000.


I. Type and amount of host government contribution:

Technical assistance and support will be provided by members
of the National Taskforce, including the Child Development
Agency, Bureau of Women's Affairs and Ministries of Health
and Education.


J. Proposed funding mechanism:

Funding will be channeled either through one of
USAID/Jamaica's existing contracts awarded to a U.S.-based
organization through full and open competition, or through a
Public International Organization with a presence in
Jamaica.


K. Embassy point of contact:

Margaret Sancho-Morris, USAID/Jamaica General Development
Officer.


L. Other donors:

Partnerships with the private sector will be sought.