Haiti: Anti-TIP Proposal for INCLE Funds, FY 2006

UNCLAS PORT AU PRINCE 000335

SIPDIS

WHA/PPC FOR Puccetti
G/TIP/WHA FOR Eterno
PRM FOR Dentzel

SIPDIS

E.O. 12958: N/A
TAGS: KWMN KCRM PHUM ELAB PREL SMIG ASEC
SUBJECT: Haiti: Anti-TIP Proposal for INCLE Funds, FY 2006

REF: 05 State 221183


1. Please find a proposal submitted by the International
Organization for Migration (IOM) for anti-trafficking in
persons INCLE funding for FY 2006. Post fully supports this
proposal as the submission best tailored to combat
trafficking in persons in Haiti from a law enforcement
aspect:


A. Title: Combating Trafficking in Persons within,
through, and from Haiti, Capacity Building in the Area of
Criminalization and Investigation.


B. Name of Recipient Organization: International
Organization for Migration (IOM) Haiti


C. Project Duration: 12 months (new project)


D. Project Description: The project will significantly
strengthen GoH law enforcement capacity to combat
trafficking through: a) support for the development of an
institutional framework; b) support for an inter-agency tas
force and the drafting of an operational manual; c)
institutionalized training for law enforcement officers on
investigative, interviewing, raid and rescue techniques; d)
equipment to render fully functional an HNP investigative
unit and a liaison unit within the DIE and; e) facilitation
of networking and cooperation.

The end of the project will achieve the following
goals:
-- To assist with the development of an institutional
framework that criminalizes trafficking as an offence
and enables the prosecution of offenders.

-- To strengthen the capacity, through support to an
inter-agency task force, institutionalized trainings,
train-the-trainer events, and equipment provision, of
law enforcement officers in information gathering,
investigation, victim rescue, raids, and arrests of
offenders.

--To improve national and regional networking and
cooperation among law enforcement officers, social
service providers and trafficking victims for enhanced
identification, investigation and prosecution of
offenders.

Activities

Each component will include a mapping exercise,
appropriate capacity-building activities and the use of
before and after surveys of training participants.
Representative project activities will include:

Component 1: Development of an Institutional Framework

IOM will commission a review of Haitian legislation and
application with respect to trafficking as an essential
precondition for effective legislative revisions,
network exchanges, and law enforcement training. The
project will employ a framework used successfully by IOM
in similar legal reviews on trafficking within seven
other Caribbean states. The review will determine which
criminal provisions within existing statute law can be
used to prosecute traffickers in the absence of an anti-
trafficking law. Taking into account the legal review
findings, IOM will technically assist in the drafting of
trafficking-specific legislation, the adaptation of
existing legislation and the formulation of policy.

-- Recruit a local legislative attorney to conduct a
legal review.
-- Publish and disseminate the results of the Legal
Review as well as copies of the Palermo Protocol and its
accompanying legislative guides.
-- Recruit a local legal expert to assist with the
drafting/adaptation of legislation and policy.

Component 2: Inter-Agency Counter-Trafficking Task Force
and Operational Manual

Based on expressed interest, IOM will assist with the
formation of an inter-agency human trafficking task
force to facilitate common understanding of the
trafficking phenomenon and to agree on respective roles
and responsibilities as well as on cooperation
mechanisms. IOM will train this group on basic
investigative and prosecutorial measures required to
combat trafficking. With representatives of entities
including the DIE, HNP, and the Barreau de Port-au-
Prince (Ministry of Justice),this task force will be
aided in the adaptation of an IOM-Interpol Law
Enforcement Manual to serve as a detailed operational
guide on the identification of victims and offenders,
information gathering, investigative techniques, case
building, and raid and prosecutorial techniques. As IOM
assisted Interpol with the development of this manual,
which is currently being used in International Law
Enforcement Academies, IOM Haiti will recruit an
international criminal expert to adapt the manual so as
to detail how existing statue law can be applied to the
investigation and prosecution of offenders and how to
apply the provisions of the trafficking-specific law to
be developed. The manual will include a national and
regional law enforcement directory.

-- Hold discussions to identify participants and agree
upon a meeting schedule for an inter-agency task
force on trafficking.
-- Train task force on basic investigative and
prosecutorial measures in counter-trafficking.
-- Recruit an international criminal expert.
-- Assist the task force in adapting the IOM-Interpol




Law Enforcement Training Manual.

Component 3: Technical Support for the Operation of a
Trafficking Investigations Unit

Having consulted the Secretary of State for Justice and
Public Security and external partners, IOM will equip
and train the Joint Information Cooperation Center
within the HNP to effectively become the main
investigations unit for trafficking in persons. The HNP
will in turn increase the JICC's staffing levels to meet
the latter's expanded mandate. With a solid record of
successful investigations in transnational drug
trafficking, a strong working relationship with its
Dominican counterpart, and a vetted and highly skilled
staff, the JICC presents a reliable and cost-effective
intervention point. IOM will share international best
practice models in the formation and operation of human
trafficking investigative units. 2 Counter-Trafficking
Focal Points will be selected within the BPM and trained
to assist the JICC with interviews, investigations,
raids and arrests in cases of child trafficking.

To put the operational manual into practice, IOM will
technically assist in the development of 2 training
curricula; one to be institutionalized within the
Academie de la Police Nationale d'Haiti for the 4-month
basic training of new recruits and; one for the training
of existing police officers throughout Haiti. Curricula
will cover: the definitions and criteria by which to
detect traffickers and identify victims; the means used
by organized crime groups to traffic persons;
information gathering and investigative techniques
(reactive, proactive and disruptive); case building and;
working with victims, including procedural safeguards
for victims and witnesses during criminal proceedings.

Having assisted the HNP to draft the curricula, the
international criminal expert will conduct 2 pilot
trainings to test the training materials at the Academie
de la Police Nationale d'Haiti and with current officers
in Port-au-Prince (PAP),a key area of trafficking. Upon
adapting the curriculum based on pilot trainings, IOM
will train Academy instructors in curriculum use. To
ensure capacity to scale-up trainings to the national
level, including for border guards, IOM will train a
core group of master trainers among the JICC and BPM
Counter-Trafficking (CT) Focal Points on substantive
trafficking issues, the newly developed operational
manual, and on best practice training techniques.

-- Discuss the application of international best
practice models for investigative units.
-- Provide JICC with computers, printers, fax machines,
and digital cameras.

With JICC, develop 2 curricula (for new recruits and
current police officers).

-- Conduct 2 pilot trainings at the Academie de la
Police Nationale d'Haiti and for JICC and BPM CT Focal
Points.
-- Train instructors at the Academie de la Police
Nationale d'Haiti on curriculum use.

-- Hold a train-the-trainers event for master trainers
between the JICC and BPM CT Focal Points.

-- Integrate, into all trainings, the IOM Counter-
Trafficking Training Modules.

Component 4: Technical Support for the Operation of an
Immigrations Liaison Unit

The JICC is expecting to shortly be equipped with 3
immigration officers as well as with unrestricted access
to the DIE's automated system and watch-lists, which
bodes well for JICC-DIE cooperation. For immigration
officers stationed at the major ports of entry, IOM will
identify and enable a liaison unit within the DIE to
effectively identify trafficking victims and offenders
among other irregular migrants and to coordinate
investigations with the JICC. This unit will be assisted
with basic forensic tools and with the development of 2
curricula for new recruits and experienced officers. The
curricula will be tested through 2 pilot trainings
during the basic training of recruits and for officers
at a major land border port of entry frequented by
traffickers. The curriculum for current officers will be
adjusted based on pilot trainings and used to train a
core group of master trainers within the Liaison unit
who can scale-up training to the national level at which
there are 130 immigration officers.

Pilot trainings will cover: use of the operational
manual; the definitions and measures of trafficking
victims and offenders; the means used by organized crime
groups to traffic persons; interview and investigative
techniques; working with victims; and passport fraud
detection through familiarization with fluorescent
properties of inks used in encoded documents and
endorsement stamps. The training of master trainers will
further include instruction on best practice training
techniques. All trainings will cover joint investigative
techniques that can be used with the JICC and BPM focal
points.

-- Discuss the application of international best
practice models for liaison units.
-- Provide forensic analysis tools including ultraviolet
viewing equipment.
-- With the DIE, develop 2 curricula on passport fraud,
interview techniques, etc.
-- Conduct 2 pilot trainings (among candidates and
current officers at a border port).
-- Hold a train-the-trainers workshop for a core group
of DIE master trainers.
-- Integrate, into all trainings, the IOM Counter-
Trafficking Training Modules.

Component 5: Facilitation of Law Enforcement Networking
and Cooperation

To help cultivate a working relationship at the regional
level between law enforcement entities in Haiti and the
Dominican Republic and to harmonize, where possible,
investigative and prosecutorial procedures, IOM will
support a networking visit by GoH officials to the
Dominican Republic. The visit will facilitate: a) the
sharing of best practices in legislation, policy and
practice; b) the development of complementary legal
mechanisms, and; (b) the creation of effective
mechanisms for information and intelligence exchange for
prosecution.

Cooperation is also required at the national level where
social service providers, such as the NOM and IBESR,
that play key roles in victim identification and
shelter, must know how to work with law enforcement
officers for the effective investigation and prosecution
of offenders. Thus, a joint training session will be
held for the ONM, IBESR, JICC, BPM, DIE and relevant
NGOS covering cooperation mechanisms to ensure the safe
and dignified interrogation of, and testifying by,
witnesses and victims. Improved inter-agency cooperation
will increase victim confidence and trust in law
enforcement officers, which is critical to having more
victims file complaints and testify at court.
Support airfare for 1 Haitian-Dominican networking visit
for GoH law enforcement officers.

Conduct a training workshop during networking visit on
models and techniques for joint detection and
investigation of suspected traffickers for the purpose
of successful prosecution.

Develop a curriculum and conduct 1 joint training
session in Haiti for law enforcement and social service
providers to: sensitize police and immigration officials
to victim needs; to sensitize social service providers
of law enforcement intelligence gathering needs and; to
discuss means of improving inter-agency information
exchange and cooperation.


E. Justification: Haiti remains on the U.S. Department
of State's Tier 2 Watch List for not having demonstrated
increasing efforts over the preceding year to combat the
trafficking in humans in, through and from Haiti. The
lack of a multifaceted and institutionalized response is
troubling given the increasing vulnerability of Haitians
to trafficking as well as the growing severity of victim
exploitation. These trends adversely affect the
following main categories of trafficking victims:

-- Children trafficked internally, mainly from rural
to urban areas within Haiti, for exploitation as
unremunerated domestic servants and for forced
prostitution;
-- Children trafficked from Haiti to the Dominican
Republic (DR) for exploitation as unremunerated
domestic servants, beggars and shoe-shiners, and in
some cases for forced prostitution;
-- Women and children trafficked from the DR to Haiti
for forced prostitution;
-- Adults, mostly male, trafficked from Haiti to the
DR for forced labor in sectors including agriculture
and construction and;
-- Victims trafficked via Haiti to other Caribbean
islands, the U.S. and Canada, for forced labor.

Faced with this trafficking phenomenon, the Government
of Haiti took the promising step, in 2005, of ratifying
the Inter-American Convention on International Traffic
in Minors, as well as the UN Convention against
Transnational Organized Crime and its supplemental
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children. To fulfill its
associated obligations the GoH must develop a
multifaceted response to combat trafficking in all
victim profiles.

In this regard, with the support of the U.S. Department
of State's Bureau of Population, Refugees and Migration
(PRM),IOM is providing crucial return and reintegration
support for child victims of internal trafficking. IOM
has also trained numerous governmental and non-
governmental representatives in the basic concepts and
definitions of trafficking in persons as well as in
promising return and reintegration practices.

However, if Haiti is to deter traffickers from
exploiting additional victims, it must address the lack
of an institutional framework and investigative capacity
to build successful prosecution cases against
trafficking offenders. At present, little external
assistance is provided to enable law enforcement
entities to effectively investigate all cases of
trafficking in humans, including adults. Given the
paucity of trafficking-related investigations, arrests
and external assistance, the Secretary of State for
Justice and Public Security has requested that IOM train
and equip the Joint Information Cooperation Center
(JICC) as the main human trafficking investigative unit
within the Haitian National Police.

IOM will therefore seek to strengthen law enforcement
capacity at the investigative level through addressing
the following response gaps. In subsequent projects, IOM
will target the judiciary for capacity building at the
prosecutorial level to ensure that convictions follow
investigations.

Lack of an Institutional Framework: The GoH has yet to
develop an institutional framework to combat human
trafficking. In this regard, the Collectif has
encouraged the revitalization of an inter-ministerial
commission on trafficking, which reconvened for the
first time in December 2005. Given the contextual
implementation challenges that would arise if the GoH
adopted a model anti-trafficking law, IOM welcomes the
request of the Ministry of Foreign Affairs, as the lead
entity in the commission, for IOM's technical assistance
in the drafting of legislation and policy. The
Department of Immigration and Emigration (DIE) and
Haitian National Police (HNP) have asked that IOM
clarify how criminal provisions within existing statute
law could enable the prosecution of offenders.

Poor Capacity Among Law Enforcement Entities: As basic
training for the HNP and DIE do not cover trafficking in
persons, officers are largely unfamiliar with
international definitions and criteria used to identify
trafficking victims and offenders and of the means
employed by organized crime groups to traffic persons.
The DIE lacks the capacity to fulfill its key role in
identifying trafficking victims and offenders at major
ports of entry among irregular migrants, including the
estimated 100 mostly Eastern Europeans and Chinese,
destined for the U.S. and Canada, that it intercepts
annually at the Port-au-Prince airport. The Police
Commissioner claims his border guards and police are
insufficiently skilled and resourced to investigate
traffickers and conduct raids, rescues and arrests.

Lack of Specialized Police and Immigration Units: There
is no central police unit that investigates all
trafficking cases. While the HNP formed the Brigade for
the Protection of Minors (BPM) in 2003, to investigate
cases of child abuse, including trafficking, and to
monitor cross-border child movement, this entity lacks
the capacity to fulfill its functions and the mandate to
address trafficking in adults. The DIE lacks a liaison
unit to support the HNP in the investigation of
trafficking cases.

Poor National and Regional Cooperation: Police and
immigration officials lament the lack of an inter-agency
task force on trafficking in persons at which to discuss
how to apply existing criminal provisions in a
collaborative manner and how to conduct joint
investigations. Despite its necessity, little
cooperation exists between Haitian and Dominican law
enforcement officers to undertake effective
investigations of cross-border trafficking cases and
networks. Despite the key role of social service
providers, such as the National Office for Migration
(NOM) and IBESR, in identifying trafficking victims and
in facilitating information gathering necessary for
investigation, there is little cooperation or trust
among victims, social service providers and law
enforcement officers. Lacking confidence in the criminal
justice system, victims are generally unwilling to file
complaints.


F. Performance Indicators: Performance indicators will be
gender-disaggregated where relevant. To measure progress
attained during the project's timeframe, and attributed
to project interventions, baselines and percentage
increases will be determined through the use of before
and after surveys of target training participants.

Supporting the Development of an Institutional Framework:

-- National trafficking legislation has been drafted that
clearly outlines measures to prosecute traffickers and
assist victims, including: procedures that recognize the
victim as a victim and not a criminal; national
definitions and measures for victim identification;
procedural protocols that release imprisoned or detained
victims and place them in protective care and; victim
friendly approaches to information collection.

-- National policy has been drafted or passed that
outlines roles and responsibilities of ministries or
departments responsible for addressing trafficking in
persons: Standards of Conduct for those working with
victims; Standard Operating Procedures for improved inter-
agency coordination facilitating victim identification,
sheltering, return and reintegration and for the
detection, investigation and prosecution of traffickers;
bilateral agreements or Memoranda of Understanding with
countries on the procedural mechanism for return and
reintegration.

Capacity Building of Law Enforcement Entities:
-- An Inter-Agency Task Force on Trafficking in Persons
has been formed and has held several meetings at which:
the roles and responsibilities of relevant entities have
been clarified; inter-agency coordination mechanisms have
been established and; an operational law enforcement
manual has been drafted.
-- Percentage of trained instructors at the national
police academy that are using the anti-trafficking
investigative curriculum.
-- Percentage of pilot training participants actively
employing the investigative techniques learned.
-- Number of trainings conducted by train-the-trainer
participants.
-- Percentage of pilot training participants conducting
safe and dignified interrogations of witnesses and
victims during the process of investigation.

Strengthening National and Regional Networking
and
Cooperation:

-- Cooperative interrogation techniques have been
developed and implemented by Haitian and Dominican
Republic law enforcement participants of the networking
visit.
-- Percentage of joint training workshop participants
employing the joint investigative techniques.
-- Percent of follow-up inter-agency meetings held by
joint training workshop participants.
-- Percentage of victims identified by joint training
participants who file a complaint and testify at court.


G. Evaluation Plan: Monitoring by the Project Manager
will be an ongoing activity throughout the project
implementation, to ensure strict adherence to project
parameters at all times. To measure progress toward
results, a detailed work plan with benchmarks and
assessment tools, including pre- and post-training
surveys, will be developed. This project includes an
internal monitoring system to determine progress being
made, to identify challenges and appropriate responses,
and to indicate possible future interventions. A mid-
term and final report will be submitted to the donor
according to mutually agreed criteria.


H. Budget Breakout: Total, 12 months: USD 298,473
TOTAL ADMINISTRATION COSTS 156,960

DIRECT OPERATIONAL COSTS
Component 1: Development of an Institutional Framework
Local Legal Expert (consultant) for Legal Review
Local Legal Expert (consultant) for Legislation/Policy
Drafting
Logistic Support for Local Legal Experts (computers
+communication costs)
Translation/Printing of Protocol/Legislative
Guide/Legal Review
Sub-Total 10,650

Component 2: Inter-Agency Counter-Trafficking Task
Force and Operational Manual
International Criminal Expert to Draft Manual
(consultant fees + DSA)
Logistic Support for International Expert
(airfare/computer/phone/communication)
Training Costs (facility rental + coffee breaks,
training equipment)
Sub-Total 26,400

Component 3: Technical Support for Operation of a
Trafficking Investigative Unit (Police)
Computers, Printers, Fax Machines, and Digital Cameras
for the Unit
Translation/Printing of Manual for Training
Participants & Curriculum for Trainers
International Criminal Expert (consultant) to Draft
Curriculum & Head Trainings
Training Costs (facility rental/coffee breaks, training
equipment)
Sub-Total 39,750

Component 4: Technical Support for Operation of a
Liaison Unit (Immigration)
Basic Forensic Tools (ultraviolet viewing equipment,
camera, microscope) for Unit
Translation/Printing of Manual for Training
Participants & Curriculum for Trainers
International Criminal Expert (consultant) to Draft
Curriculum & Head Trainings
Training Costs (travel, facility rental/coffee breaks,
training equipment)
Sub-Total 39,450

Component 5: Law Enforcement Networking and
Cooperation
Haiti-Dominican Republic Networking Visit for GoH
Officials + Consultant
Printing of Training Materials
International Criminal Expert (consultant) for Joint-
Training and Network Visit
Joint-Training Costs (facility rental/coffee breaks,
training equipment)
Sub-Total 11,050

Sub-Total Direct Operational Costs 127,300
HQs Overhead Charges at 5% ofTotal Project Costs
14, 213
Total Prject Costs 298,473


I. Cost-Sharing, Host Goernment Contribution:

A. Government of Haiti: overall project guidance and
continuous involvement; logistical support and premises
for project use and; identification and provision of
staff for trainings.

B. IOM: IOM Port-au-Prince: overall project management
and monitoring; donor outreach and reporting and; key
staff/consulting experts. IOM Santa Domingo: inform
Dominican law enforcement counterparts of GoH
networking visit supported under this project.

C. NGO Partners: provision of staff for participation
in joint training workshop.

D. Donor(s): financial support and availability for
continuous project consultations.


J. Proposed Funding Mechanism: Cooperative Agreement
with IOM and appropriate government agency.


K. Embassy POC: Dana Banks, Human Rights Officer,
Political Section, U.S. Embassy Port-au-Prince, Haiti.
Phone: 011-509-222-0200, ext. 8270, Email:
BanksD@state.gov.


L. Other donors: See letter "I."

a. 1. Summary: One hundred three permanent voter
registration centers and 20 mobile centers with roughl
registration computers are open throughout Haiti, and
additional centers are scheduled to open within a few
Though the official tally of registered voters was 181
on June 23, on June 27, the Organization of American S
estimated that roughly 250,000 voters have registered.
However, some groups have started a campaign to dissua
Haitians from registering, and the Interim Government
Haiti still has not released decrees that will legitim
the elections. End Summary.