UZBEKISTAN - TRAFFICKING IN PERSONS SOLICITATION

UNCLAS SECTION 01 OF 05 TASHKENT 000809 SIPDIS SIPDIS DEPT FOR SCA/CEN, G/TIP, INL, DRL G/TIP FOR JANE SIGMON AND AMY LEMAR-MEREDITH E.O. 12958: N/A TAGS: ASEC ELAB KCRM PHUM PREL SMIG UZ SUBJECT: UZBEKISTAN - TRAFFICKING IN PERSONS SOLICITATION FOR G/TIP-MANAGED FY 2007 ESF AND INCLE FUNDS REF: STATE 28150 In response to reftel solicitation, Post is submitting one proposal from UNODC, which fits well with USG plans to actively engage the GOU to combat trafficking in persons. UNODC PROPOSAL TO PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE REPUBLIC UZBEKISTAN TO COMBAT TRAFFICKING IN PERSONS ¶A. IDENTIFYING INFORMATION (a) United Nations Office on Drugs and Crime, Regional Office for Central Asia (b) James P. Callahan, Regional Representative (c) Zhuldyz Akisheva, Program Management Officer (d) 30a, Abdullah Kahhor Street, 700100 Tashkent, Uzbekistan (e) 998-71-120-8050 (f) James.Callahan@unodc.org ¶B. ABSTRACT Uzbekistan is primarily a country of origin in regard to human trafficking. Existing legislation is not fully compliant with the TOC and the Trafficking Protocol, as it does not provide the tools to explicitly target traffickers while safeguarding victims, and does not ensure that the penalties reflect the severity of the crimes. Also, it is necessary to promote a coherent policy on coordination and cooperation among the various actors of the criminal justice system and to prioritize actions to effectively address trafficking. There is a lack of systematic collection and sharing of information by law enforcement agencies and a lack of sufficient expertise within the law enforcement and prosecution sectors. These shortcomings hamper an effective criminal justice response to human trafficking. The Regional Office for Central Asia (ROCA),in close coordination with the UNODC Europe and West/Central Asia Section of Partnership and Development Branch and the Anti-Human Trafficking Unit of HSB, will assist the Uzbek Government in strengthening its criminal justice response to trafficking in persons in line with the UN Convention against Transnational Organized Crime and its supplementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Project activities will focus on: supporting the government in its efforts to strengthen anti-human trafficking legislation; increasing the capacities of law enforcement and prosecution through training, establishing a human trafficking database, and facilitating regional and �0A;international cooperation. In addition, the project will contribute to assisting Uzbekistan to adhere to certain recommendations put forward by the UN Committee on Elimination of Discrimination against Women, namely those pertaining to strengthening the anti-trafficking regime in Uzbekistan. Therefore, the following main activities will be carried out: A gap analysis of the national counter trafficking legislation will be conducted and recommendations will be elaborated aiming at assisting the Government to align the legislation with the TOC and the Trafficking Protocol. A national workshop will be organized, which, through a series of recommendations, will facilitate the Government of Uzbekistan to make progress on its national anti-human trafficking strategy. A key component of the project will be the establishment of a national database on human trafficking, entailing procurement and installation of an appropriate system for Uzbekistan, and subsequent training on its use for all the 12 provinces of the country. Another important project activity will be training of law enforcement agents and prosecutors in all regions of Uzbekistan. To complement the project,s national components, the project will also work to strengthen cooperation with other countries, by organizing meetings and encouraging the signing of bilateral agreements on extradition and mutual legal assistance. ¶C. PROBLEM STATEMENT Trafficking in human beings is a growing problem in Uzbekistan. Although the Government has been actively addressing this phenomenon, challenges persist. The existing legislation is not fully compliant with the TOC and the Trafficking Protocol, as it does not provide the tools to explicitly target traffickers while safeguarding victims, and does not ensure that the penalties reflect the severity of TASHKENT 00000809 002 OF 005 the crimes. Also, further efforts seem to be necessary to establish and implement a coherent policy to ensure proper coordination and cooperation among the various actors of the criminal justice system and prioritize action to effectively address trafficking. In particular, there is a lack of systematic collection and sharing of information by law enforcement agencies. Another issue that needs to be addressed is the lack of sufficient expertise on the topic within the law enforcement and prosecution sectors, which further hinders the application of effective prevention, investigation and prosecution as well as victim/witness protection measures in the area of human trafficking. These shortcomings hamper an effective criminal justice response to human trafficking. The project aims to address these gaps by strengthening the national legislation, enhancing counter-trafficking policies, strengthening inter-agency cooperation on both a national and international level, improving the system of data collection, and enhancing relevant expertise within the law enforcement and prosecution sectors in the areas of prevention, investigation and prosecution. ¶D. PROJECT GOALS/OBJECTIVES/IMPLEMENTATION PLAN Overall Objective: Contribute to strengthening the capacity of Uzbek legal mechanisms and law enforcement institutions to prevent, investigate and prosecute cases of human trafficking, to make Uzbekistan,s response to trafficking in persons in line with the UN Convention against Transnational Organized Crime and its supplementing Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Output 1: Assessment of the national legislation is conducted, and recommendations on strengthening the national human trafficking legislation in accordance with international treaties are provided. Activities: 1.1 Legal Assessment: Recruit an international legal expert to conduct a legal assessment and draft a subsequent report that will include: a) an overview of assessments that have been done in the past of the legal regime related to human trafficking in Uzbekistan; b) recommendations on steps necessary to ratify and implement the TOC and Trafficking Protocol; c) a gap analysis on existing legislation; d) recommendations to the government on how to strengthen, develop and reform national legislation pertaining to human trafficking and the protection of trafficked victims and witnesses (Article 135 of the Criminal Code, Law on counteraction and suppression of human trafficking, and law enforcement practices). 1.2 Law Enforcement Assessment: Recruit a regional or national expert to conduct an assessment of Uzbekistan,s existing criminal justice response to trafficking, and the level of cooperation between the agencies. Output 2: Recommendations on how to advance the national strategy regarding anti-human trafficking are formulated. Activities: 2.1 Organize a national workshop of experts representing many sectors related to counter trafficking of persons (including representatives of the Ministry of Interior, the National Security Services, the Prosecutor General,s Office, international organizations, NGOs). 2.2 Facilitate the workshop discussion, which will aim to review the recommendations of the assessment reports (Activity 1) and discuss next steps to be taken on the legislative front, with particular effort given to ways to align with the TOC and Trafficking Protocol. Output 3: Enhanced capacity of Uzbek law enforcement agencies to collect and analyze data regarding human trafficking through human trafficking database. Activities: 3.1 Recruit an international expert to develop an TASHKENT 00000809 003 OF 005 equipment-needs report in consultation with the UNODC Anti-Human Trafficking Unit in Vienna. Taking into account that this activity will focus on 12 provinces in Uzbekistan, the report will also include: a) human trafficking databases and mechanisms in other countries, considered as best practices b) recommendations for installation of human trafficking database in Uzbekistan, taking into account what can be logistically possible c) identify the necessary technical requirements of the Unit on the Fight Against Human Trafficking of the Ministry of Interior to establish and maintain a database on the trafficking in human beings. 3.2 On the basis of the equipment-needs report, provide the Unit on the Fight Against Human Trafficking of the Ministry of Interior with equipment required to strengthen their operational and technical capacities 3.3 A national technical expert establishes a human trafficking database 3.4 The Ministry of Interior designate a team comprising of officers that will: a) implement and monitor the human trafficking database within the Unit on the Fight Against Human Trafficking of the Ministry of Interior; b) coordinate contacts with the 12 Uzbek provinces involved in the project, and ensure that all activities related to data-collection are carried out. 3.5 Using train-the-trainer methodology, the technical expert trains officers representing 12 Uzbek provinces, in the use and analysis of the database and dissemination of data on human trafficking and familiarization with international best practices. 3.6 The officers trained in activity 3.5 train officers in their provincial district branches in the use and analysis of the database and dissemination of data on human trafficking. To ensure sustainability, the national technical expert follows up by travelling to each region in order to ensure proper usage of the system and provide technical assistance as required. Output 4: Increased investigative and prosecuting capacities of personnel in selected agencies through training seminars, roundtable meetings, and a study tour. Activities: 4.1 Develop training modules in Uzbek/Russian outlining international best practices of the practical aspects of the following, as they relate to human trafficking: -pro-active intelligence-led policing -law enforcement methods -investigative techniques -prosecuting techniques -protecting the rights of victims and witnesses 4.2 Using the training modules and applying train-the-trainer methodology, conduct three series of training sessions and seminars among law enforcement officers/investigators, prosecutors and judges representing 12 Uzbek provinces focusing on the practical application of international best practices 4.3 Carry out a study tour to allow a group of Uzbek officials to observe firsthand anti-human trafficking international best practices 4.4. Following train-the-trainer methodology, the officers, prosecutors and judges trained in activities 4.1, 4.2 and 4.3 train their peers in provincial district branches in the practical application of international best practices in the area of investigating, prosecuting of crimes related to human trafficking. Output 5: Increased regional/international dialogue and cooperation concerning human trafficking, through the facilitation of a network of relevant actors of countries of origin, destination and transit countries. Activities: 5.1. A focal point responsible for international cooperation and coordination regarding human trafficking is identified by the Government of Uzbekistan. 5.2. Organize an international workshop on cooperation and information exchange in investigative, prosecutorial and TASHKENT 00000809 004 OF 005 judicial matters with regard to countering trafficking in human beings, involving representatives of anti-trafficking units of countries of destination (UAE, Israel, etc.), transit countries (e.g. neighboring Kyrgyzstan and Kazakhstan),Uzbek authorities, pertinent local and international NGOs as well as other actors. Also, facilitate Uzbek participation in other international liaison activities. 5.3. Host a regional conference to support and encourage the development of appropriate mechanisms to complement existing national strategies and the international legal framework on combating human trafficking. Performance indicators will include: appropriate legislation introduced to the Parliament for approval and an approved National Strategy that meets international treaty standards; raised awareness of senior officials in regard to the seriousness of the problem; quantity and quality of information contained in the database; number of personnel trained and measurement of their post-training expertise; more effective law enforcement through increased arrests and prosecutions of traffickers; and evidence of increased interactions among officials on a regional and international level in regard to the problem. ¶E. ORGANIZATIONAL CAPACITY UNODC will execute the project through its Regional Office for Central Asia (ROCA) in Tashkent, Uzbekistan. ROCA was established in 1993 and has long-standing experience working with law enforcement agencies in Uzbekistan and the rest of Central Asia. The project will be supervised by the ROCA Program Management Officer and legal oversight provided by the ROCA Senior Regional Legal Advisor. Extensive support will be provided by the UNODC Anti-Human Trafficking Unit at UNODC Headquarters in Vienna which has been developing Anti-Human Trafficking projects globally for the past decade. To ensure smooth implementation of the project, a National Project Officer will be recruited, with relevant administrative support from the Regional Office. International/national experts will provide consultative support and expertise as required. Short-term consultants will be recruited for provision of trainings and other required assistance in accordance to the project work plan (attached). An important aspect of this project is effective and early co-operation with other UN agencies, multilateral and bilateral agencies working in this field, with special arrangements made to co-ordinate efforts and avoid duplication. The goal is to maximize the impact of assistance and expertise of other UN and development agencies, such as USAID, OSCE and IOM. Co-operation is intended to generate synergies between different activities, resulting in effective cost and time management. The participation of international organizations and NGOs will be sought throughout the project, such as in the national workshop. ¶F. BUDGET It should be noted that of the total budget ($806,100), $448,492 has already been funded by the Governments of Sweden, Finland and Norway. This proposal requests additional funding of $357,608 in order to fully fund the project and complete all activities during the life of the project. The project will start with the available funding as soon as the Government of Uzbekistan signs the document, in the near future (mid-2007) and additional funds will not be needed until 2008. The project will be finalized by the end of 2009. The attached budget table is for the full project budget. Indirect costs to the Regional Office are shown on BL 5400 and indirect costs (including portion of salary of the PMO) to UNODC and other agencies are shown on BLs 5601 and 5602. All direct costs are shown on the appropriate BLs. Please note that dates in the attached work plan will be adjusted to compensate for the actual date of project start-up. Please also see separate e-mail from Poloff Alexander Schrank to G/TIP (Jane Sigmon and Amy leMar-Meredith) containing budget spread sheets. ¶G. RESUMES TASHKENT 00000809 005 OF 005 Please see separate e-mail from Poloff Alexander Schrank to G/TIP (Jane Sigmon and Amy LeMar-Meredith) with resumes for Zhuldyz Akisheva, UNODC Deputy Regional Representative/Program Management Officer for Central Asia, and Olga Zudova, UNODC Senior Legal Advisor for Central Asia Regional Office. PURNELL