S/GWI Project Proposal for Benin.

UNCLAS COTONOU 000073

PARIS FOR ARS (DWINTON)
DEPARTMENT FOR S/GWI, AF/PD, AF/W, INL,
DOJ FOR OPDAT

SIPDIS

E.O. 12958: N/A
TAGS: PREL PHUM KWMN KPAO BN
SUBJECT: S/GWI Project Proposal for Benin.


1. SUMMARY OF PROPOSED PROGRAM: This S/GWI project proposal for
Benin consists of equipping and renovating Benin's existing DNA
laboratory in order to give it the capacity to perform DNA
comparison analysis in criminal cases and to thereby furnish the
courts with the valuable forensic evidence they need in many
gender-based violence (GBV) cases. This would in turn increase the
number of convictions in GBV cases. The Women's Justice and
Empowerment Initiative (WJEI) in Benin already has a budget for
public awareness raising, victim support, and law
enforcement/judicial training. There is even a budget to equip
police and gendarmes to collect forensic evidence. The DNA lab is
the missing piece to the WJEI in Benin, and by funding this project,
the overall efficacy of the WJEI will be improved, resulting in more
convictions for GBV and the justice systems having a greater
dissuasive effect vis-a-vis GBV.


2. PROBLEM TO BE ADDRESSED: Benin is an otherwise relatively
peaceful country with a high rate of (GBV). A recent study by the
Family Ministry revealed that 74 per cent of Beninese women reported
having been the victim of physical violence and 28.5 per cent of
Beninese woman reported having been the victim of sexual violence.
The two primary factors that explain the prevalence of GBV in Benin
are that GBV is culturally accepted by many Beninese and that law
enforcement and the justice system are poorly trained and equipped
to handle GBV cases, resulting in few convictions and little
dissuasive effect.


3. Starting in November 2007, the WJEI has been working to reduce
GBV in Benin. In Benin, the WJEI is run by USAID, DOJ/OPDAT, and
DOJ/ICITAP. Specifically, the WJEI in Benin has raised public
awareness in every area of the country about GBV, has encouraged
victims to press charges, and has offered support to GBV victims.
The WJEI has also trained police, gendarmes, prosecutors, and judges
on how to best investigate, prosecute, and hear GBV cases.
Recognizing that in GBV cases, law enforcement and the courts are
often dependent upon the evidence furnished by medical
professionals, the WJEI has also trained gynecologists in legal
medicine as it pertains to sexual assault cases.


4. Since the WJEI began in Benin, socio-cultural attitudes towards
GBV have begun to slowly change for the better. GBV is no longer a
taboo subject, and it is now a subject that garners much attention
in the media and among ordinary Beninese. Additionally, law
enforcement and the courts have taken a greater interest in GBV
cases and are now better trained to handle them. With the help of
the project, more victims have come forward and there are more cases
before the courts.


5. However, even with this increased willingness to press charges
on the part of victims and this increased willingness to
investigate, prosecute, and sanction on the part of law enforcement
and the courts, most GBV cases are still either being dismissed or
being reduced to misdemeanors for which the available sanctions are

lenient. The reason for many of these dismissals and reductions is
a lack of sufficient evidence. GBV, by its very nature, usually
takes place either in the home or in a secluded place where there
will not be any witnesses present. As such, most GBV cases are what
law enforcement and the courts would consider 'he said - she said'
affairs. In the United States, advances in forensic science,
particularly in the science of DNA, have allowed law enforcement and
the courts to obtain the type of evidence that allows for
convictions, even in 'he said - she said' situations. Benin does
not currently have the capacity to produce such evidence during
investigations and at trial, and as a result, many GBV cases are
dismissed or reduced, thus demoralizing victims and limiting the
dissuasive power of the justice system in its fight against GBV.


6. Benin's existing DNA lab currently does DNA paternity testing (a
simpler, more straightforward experimental procedure than DNA
comparison analysis in criminal cases). Organizationally, the lab
falls under (and is financed by) the Ministry of Higher Education.
In July 2009, the WJEI financed an audit of this lab in order to
determine its capacities. The forensic scientist who audited the
lab found the scientists to be well-trained, capable, and eager to
increase their skill set to include DNA comparison analysis in
criminal cases. She also found the lab to be fairly well-equipped,
as it already possessed much of the equipment necessary for DNA
comparison analysis in criminal cases. However, if the lab were to
engage in DNA comparison analysis in criminal cases, the auditor
determined that minor renovations would need to be made to the lab
in order to institute unidirectional office flow, prevent
contamination, and improve the electrical supply.


7. PROJECT DESCRIPTION: This project would be overseen by US
Embassy Cotonou through its DOJ/OPDAT and DOJ/ICITAP representatives
who already work on WJEI-Benin. It would involve first signing a
letter of agreement with the Ministry of Higher Education
establishing a partnership in this project. The necessary
renovations would then be put out to bid, and the additional
laboratory equipment procured. At the same time, the WJEI would
finance the training of the Beninese laboratory scientists with
respect to the additional equipment used in DNA comparison analysis
in criminal cases. Once the renovations are completed, an
experienced forensic scientist would then supervise the installation
of the additional equipment and the initial start-up
experimentations. It is envisaged that the entire time frame for
this project would be no more than one year.


8. DESCRIPTION OF RECIPIENT ORGANIZATION: The recipient
organization would be the Beninese Ministry of Higher Education, and
more specifically, the Laboratoire Cytogenetique de Cotonou. The
laboratory is headed by a doctor who is a former Health Minister,
and has two other scientists on its staff, one of whom holds a Ph.D.
in molecular biology. To date, the lab has handled almost 100
paternity cases, and their work has been verified by a Belgian
forensic laboratory which has shown their work to be 100 per cent
accurate. The staff of the lab has shown itself to be dedicated and
competent, and the lab is well-managed. Sustainability concerns
should not be an issue with the lab given that it already has a
Higher Education Ministry-funded budget to replace consumables
(pipettes, beakers, chemicals, etc.) There is also an additional
revenue stream that comes from the paternity tests themselves.


9. BUDGET: Based upon the audit already done in July, the cost of
the various pieces of laboratory equipment necessary to upgrade the
lab's capacity to include DNA comparison analysis in criminal cases
would be USD 62,500. This amount covers over 70 different pieces of
equipment, kits, and chemicals. USD 30,000 is budgeted for an
automatic generator. USD 7500 is budgeted for the minor renovations
(sealing doors; building temporary walls; repainting the walls) that
would be necessary to create the single-flow work environment
necessary to prevent contamination.


10. DESIRED OUTCOMES AND PERFORMANCE MEASURES: The desired outcomes
of this project would be 1) access to forensic DNA evidence in GBV
cases, particularly sexual assaults; and 2) an increase in
convictions in GBV cases as a result of this newly available DNA
evidence. Taking a broader view, this project would aid the WJEI in
reducing GBV in Benin. The logic behind the WJEI is two-fold: that
GBV can be reduced through greater public awareness and through
greater prosecution. The addition of a DNA lab would allow the
prosecution access to much stronger evidence in many GBV cases, thus
augmenting the dissuasive effect of the justice system on GBV. The
success of this project would be measured by the number of GBV cases
in which the lab provided useful DNA evidence, and by the percentage
of these cases that resulted in conviction. This 'lab-aided'
conviction rate would then be compared to the conviction rate in
other GBV cases where the lab's services were not utilized.


11. RATIONALE: As mentioned above, the WJEI in Benin takes a
comprehensive approach to combating GBV. The WJEI recognizes that
raising awareness, changing socio-cultural attitudes towards women,
and helping GBV victims are all essential if the overall rate of GBV
is to be reduced. But the WJEI also recognizes that a meaningful
reduction of GBV cannot occur without a simultaneous effort at
increased prosecution and conviction. As long as the justice system
either will not or cannot convict and sentence those who are guilty
of GBV crimes, there will be little incentive to stop committing
them. As things currently stand, the WJEI in Benin has a budget for
public awareness raising, victim support, and law
enforcement/judicial training. There is even a budget to equip
police and gendarmes to collect forensic evidence. What is missing
is the forensic crime laboratory to analyze this evidence. Funding
this project would complement the existing WJEI, and would result in
an overall greater impact in the fight against GBV in Benin.

KNIGHT