US embassy cable - 05KINGSTON211

UNCLAS SECTION 01 OF 04 KINGSTON 000211 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CAR (BENT) 
 
E.O. 12958: N/A 
TAGS: JM, KCRM, KWMN, PHUM, ASEC, ELAB, EAID, SMIG, TIP 
SUBJECT: COMBATING TIP IN JAMAICA: PROSECUTION AND 
CRIMINALIZATION 
 
REF: STATE 247994 
 
1.  Per reftel request, the following text constitutes Post's 
INCLE-funded anti-trafficking in persons project proposal to 
G/TIP for funding considering from FY 2005 appropriations. 
This is a joint proposal with Kingston USAID Mission.  Please 
contact Post (see para 23) for clarification and further 
detail. 
 
2.  Title of Project: "Combating Trafficking in Persons in 
Jamaica: Prosecution and Criminalization" 
 
3.  Name of recipient organization / government agency: 
International Organization for Migration (IOM), Ministry of 
National Security (MNS), Ministry of Justice (MOJ) 
 
4.  Duration of project: 12 months 
 
Project Summary 
--------------- 
 
5.  Embassy Kingston and the Kingston USAID Mission have 
worked closely with IOM, Government of Jamaica (GOJ) 
agencies, and civil society partners to better understand and 
respond to human trafficking in Jamaica.  Despite increasing 
awareness of the issue, many law enforcement and judiciary 
officials lack the necessary knowledge and skills to respond 
effectively to cases of human trafficking.  This project will 
build on and complement past and present counter-trafficking 
initiatives in Jamaica through the establishment of a special 
anti-trafficking investigative unit.  IOM will work closely 
with national partners to establish a specialized unit and 
provide intensive training, enabling Jamaican law enforcement 
and prosecutorial structures to act more effectively against 
trafficking.  In addition, the project will assist victims by 
sensitizing law enforcement to the basic needs of victims. 
Finally, this project will prepare Jamaica for a more 
intensive, regional technical training at a future date. 
 
Project Objectives 
------------------ 
 
6.  Based on IOM's research assessment of trafficking in the 
Caribbean, and the recommendations that have emerged from 
consultations with Embassy Kingston, Kingston USAID Mission, 
the GOJ, and other national partners, this project aims to 
combat trafficking in persons by strengthening the capacity 
of Jamaican law enforcement and judicial authorities to more 
effectively investigate and adjudicate crimes of human 
trafficking. 
 
7.  This project's overall objective is to contribute to the 
reduction of human trafficking in and through Jamaica through 
improved prosecution and criminalization.  Specifically, the 
project seeks: (a) to strengthen the capacity of Jamaican law 
enforcement and judicial authorities to more effectively 
prosecute and adjudicate crimes of human trafficking; and (b) 
to increase the number of human trafficking cases 
investigated and prosecuted in Jamaica. 
 
Project Description 
------------------- 
 
8.  The level of the trafficking problem in Jamaica requires 
a dedicated and specialized unit for its investigation and 
monitoring.  This project will focus on the Ministry of 
National Security's law enforcement officials, including 
police and immigration officers, as the central core of an 
efficiently functioning Unit. 
 
9.  Establishment of Anti-trafficking Unit:  As a first step, 
IOM will, in close coordination with with relevant Jamaican 
law enforcement, judicial and government authorities, convene 
a multi-agency taskforce to work towards the establishment of 
an anti-trafficking investigative unit.  IOM will hold an 
initial training session on the different international 
models for specialized investigative units to combat 
trafficking.  IOM will then facilitate the process of 
selecting a model for Jamaica and adapting it to the local 
context. 
 
10.  Operational Manual:  Once the special anti-trafficking 
unit is in place and has received some basic training, IOM 
will work with national partners to draft an operational 
manual for the unit.  The manual will contain operational 
guidelines, detailing the roles and responsibilities of the 
unit, guidelines for working with victims, and other 
specifics.  The manual will be firmly rooted in the local 
context in order to ensure its applicability to the reality 
on the ground as well as ownership by national partners. 
Throughout this process, IOM will provide technical support 
and specialized training opportunities. 
 
11.  Relationship to Other Initiatives:  This project will 
build on and complement past and present IOM 
counter-trafficking activities in Jamaica.  The specialized 
anti-trafficking unit will be encouraged to participate in a 
future Caribbean International Law Enforcement Academies 
(ILEA) training offering, funded under the auspices of a 
separate IOM program.  Based on IOM's experience in other 
parts of the world, the skills covered in an ILEA training 
(victim identification techniques, best practices on how to 
work with victims and convict traffickers, etc.) will be 
essential to the fight against human trafficking in the 
Caribbean.  The establishment of a dedicated unit will 
prepare Jamaica for participation in more intensive, 
technical training in the future. 
 
12.  Sustainability:  Throughout the project, IOM and Embassy 
Kingston will work to ensure sustainability through the 
transfer of counter-trafficking knowledge and skills to 
national partners, and through the development of networks at 
the local, national, regional, and international level. 
Furthermore, IOM will continue to provide support to national 
working groups as part of a wider group of 
counter-trafficking initiatives in the region.  In the 
medium-term, IOM would like to provide technical assistance 
to the GOJ, via that CARICOM Regional Legislative Drafting 
Facility, in strengthening the laws against trafficking. 
 
13.  IOM's Expertise:  In Jamaica, IOM is currently 
implementing a capacity building program as part of a larger 
regional initiative.  The initiative includes national 
research on trafficking in persons (including a comprehensive 
legal review), a series of national and regional capacity 
building events, and a regional awareness-raising information 
campaign.  In Jamaica, IOM has trained over 100 individuals 
on the distinction between human trafficking and smuggling, 
victim identification, and victim assistance programs.  As 
part of IOM's support to Jamaica's response to trafficking in 
persons, IOM trained a specialized technical group on 
outreach and information and awareness-raising strategies for 
counter-trafficking.  IOM has also been working closely with 
Embassy Kingston and the Government of Jamaica on migration 
management issues.  Reducing irregular migration is an 
important part of this program.  For all of the above, IOM is 
uniquely qualified and situated to contribute to the efforts 
to combat trafficking in Jamaica. 
 
Performance Indicators 
---------------------- 
 
14.  As part of the ongoing evaluation of this project, IOM 
and Embassy Kingston will measure and report performance 
indicators.  For training events in particular, pre- and 
post-assessment questionnaires will be administered to 
measure changes in knowledge and capacity as a result of the 
training.  Finally, the most important indicator for this 
project is an increase in the number of investigations and 
prosecutions of traffickers in Jamaica.  Every effort will be 
made to report progress in this area, though the full impact 
may not be evident in the short term. 
 
-- Multi-agency taskforce established on human trafficking 
and law enforcement 
-- Anti-trafficking investigative unit established 
-- Operational manual on human trafficking developed 
-- 50 law enforcement and judiciary officials trained in 
Jamaica on the application of legal provisions against 
trafficking 
-- 50 law enforcement and judiciary officials sensitized 
during national trainings 
 
Evaluation Plan 
--------------- 
 
15.  Monitoring and evaluation will be an ongoing activity 
throughout the project implementation, to ensure strict 
adherence to program parameters at all times.  This project 
includes an internal monitoring system to determine progress 
being made, to identify challenges and appropriate responses, 
and to indicate possible future interventions.  This project 
also includes an internal evaluation system in order to 
measure the progress towards specific project objectives and 
assess the effectiveness and impact of project activities. 
Reports will be prepared by IOM and Embassy Kingston on a 
quarterly basis. 
 
Project Background 
------------------ 
 
16.  Jamaica is a Tier 2 Watch List country of internal 
trafficking of children for sexual exploitation (see 2004 
Trafficking in Persons Report for details).  IOM, together 
with the Inter-American Commission of Women of the 
Organization of American States, has been working closely 
with governments in the Caribbean to support their response 
to trafficking.  This regional initiative includes capacity 
building, information and awareness-raising activities, and 
research in Jamaica.  IOM has been conducting general 
training and awareness-raising activities on trafficking in 
persons to mixed audiences in Jamaica, including some law 
enforcement officials. 
 
17.  Despite increasing awareness about the problem of human 
trafficking, many GOJ officials, particularly within law 
enforcement agencies, still lack the necessary knowledge and 
skills to respond effectively to trafficking cases.  Though 
Jamaica has signed and ratified the United Nations Protocol 
to Prevent, Suppress and Punish Trafficking in Persons, there 
is no specific legislation criminalizing trafficking. 
However, other existing criminal provisions do exist in 
Jamaica that could be used to fight trafficking, such as the 
recently passed Child Care and Protection Act.  Designed to 
fully implement the provisions of the Convention on the 
Rights of the Child, portions of this law could improve the 
identification of child trafficking by law enforcement and 
social workers.  Preliminary research has also identified 
other existing criminal provisions related to one or more 
elements of the trafficking process that could also be used 
to fight trafficking in Jamaica.  In the medium-term, IOM 
would like to provide technical assistance to the GOJ to 
consolidate the various pieces of legislation relating to 
trafficking and generally strengthening the law in this area. 
 
 
18. Embassy Kingston and IOM have been working closely with 
the Government of Jamaica, particularly the Ministry of 
National Security, on a comprehensive capacity building for 
migration management program.  This program included the 
establishment of automated entry and exit immigration 
controls, controls at ports of entry, extensive training, and 
the review of national immigration legislation.  A critical 
component of this effort is the reduction of irregular 
migration, including human trafficking.  During preliminary 
discussions, the Government of Jamaica has shown interest in 
establishing an anti-trafficking unit.  This project will 
bring the necessary technical expertise to support the 
establishment of a specialized investigative unit in Jamaica 
to build the capacity of Jamaican law enforcement to 
prosecute and criminalize trafficking in persons. 
 
Budget Breakout 
--------------- 
 
19.  The estimated total cost to implement this project is 
US$ 201,520.  Please see the budget summary below for more 
details.  Items marked with an asterisk below are areas for 
priority funding. 
 
Project Operations COSTS 
 
Specialized Investigative Unit and Law Enforcement Training 
--In-country technical advisor (9 months)*   $120,000 
--Capacity building and training*             $20,000 
--Infrastructure support (computers)*         $10,000 
--------------------------------------------- -------- 
SUBTOTAL PROJECT OPERATIONS                  $150,000 
--------------------------------------------- -------- 
 
STAFF & OFFICE COSTS 
 
Staff Costs 
--Project Specialist (IOM) 50%                $12,000 
--Support Staff                                $6,000 
--Training                                     $2,000 
 
Office Costs 
--Communications*                              $6,000 
--Vehicle*                                    $12,000 
--Rent*                                        $6,000 
--Equipment*                                   $2,000 
--Overhead                                     $5,520 
--------------------------------------------- -------- 
SUBTOTAL STAFF & OFFICE COSTS                 $51,520 
--------------------------------------------- -------- 
GRAND TOTAL                                  $201,520 
============================================= ======== 
 
Host Government Contribution 
---------------------------- 
 
20.  The Government of Jamaica will actively support the 
project through the provision of logistical support and 
through the identification of relevant staff to participate 
in the multi-agency taskforce and to be members of the 
anti-trafficking unit.  In doing so, the GOJ will designate 
an anti-TIP champion to raise the awareness of trafficking 
within the administration. 
 
21.  As possible depending on resources, Caribbean NGOs -- 
including current Kingston USAID partners -- providing 
shelter, basic needs assistance, medical and psychological 
care, and skills training will support the project through 
participation in national and regional events, and by 
extending assistance in their particular areas of 
specialization to victims of trafficking referred by IOM. 
Proposed funding mechanism 
-------------------------- 
22.  IOM Kingston will provide overall coordination of the 
project, including projected staff costs, as identified in 
the budget breakout above, and will coordinate all financial 
reporting, monitoring, and evaluation at 6-month intervals. 
IOM Headquarters in Geneva, particularly Counter-Trafficking 
Services, will provide technical inputs and participate in 
trainings as appropriate.  OAS headquarters in Washington may 
provide a training session and/or project support staff. 
Embassy POC 
----------- 
 
23.  Embassy POC is Geoff Siebengartner, the Political 
Officer responsible for trafficking issues.  Contact details 
are email: siebengartnergc@state.gov; telephone: (876) 
935-6086; and fax: (876) 935-6029. 
COBB