Identifier | Created | Classification | Origin |
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06KINGSTON330 | 2006-02-16 20:54:00 | UNCLASSIFIED | Embassy Kingston |
VZCZCXYZ0000 RR RUEHWEB DE RUEHKG #0330/01 0472054 ZNR UUUUU ZZH R 162054Z FEB 06 FM AMEMBASSY KINGSTON TO SECSTATE WASHDC 2255 |
UNCLAS KINGSTON 000330 |
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: -------------------------- Proposed two-year budget -------------------------- 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. -------------------------- -------------------------- Total for six (6) workshops $71,112. Four (4) workshops for Judges Cost per workshop (see above) $11,852. -------------------------- -------------------------- 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. -------------------------- 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. |