US embassy cable - 05HANOI214

UNCLAS SECTION 01 OF 04 HANOI 000214 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/RSP, G/TIP, EAP/BCLTV 
 
E.O. 12958: N/A 
TAGS: PHUM, ELAB, SMIG, EAID, KCRM, KFRD, VM, TIP 
SUBJECT:  VIETNAM: FY2005 LAW ENFORCEMENT TIP PROPOSAL 
 
REF:  A. 04 State 248020 
 
1. (SBU) Post received one project in response to reftel 
Request for Proposal.  The proposal came from UNODC in 
Vietnam, and is Phase 2 of the existing USG-funded UNODC 
anti-trafficking project.  Phase 1 of the UNODC project has 
been an exceptional success: a recent internal audit by 
UNODC ranked it first among more than 40 UNODC projects 
worldwide.  Phase 2 would capitalize on the success of Phase 
1, and use all of the valuable infrastructure Phase 1 has 
already established.  Most importantly, funding Phase 2 
would allow UNODC to maintain the current Vietnamese project 
officers in their positions.  These officers were identified 
by the UNODC auditor as the project's greatest asset. 
 
2. (U) Post will send the entire UNODC project proposal with 
the detailed budget to addressee offices by email. 
 
BEGIN PROJECT SUMMARY: 
 
Title: Strengthening of the Legal and Law Enforcement 
Institutions in Preventing and Combating Trafficking in 
Persons in Viet Nam - Phase II of FS/VIE/03/R21 
 
JUSTIFICATION 
 
Problem to be addressed: 
Trafficking in human beings is indeed seen as an increasing 
problem in Viet Nam. There is a general lack of awareness 
within the law enforcement and judicial communities about 
human trafficking and the phenomenon as part of organized 
crime as well as processes, modus operandi and networks 
involved in the activity. 
 
During phase one of the project approximately 100 officers 
in four provinces within the law enforcement and the 
judicial communities were trained and now possesses a basic 
knowledge of combating human trafficking. 
 
The second phase of the project will on one hand increase 
the knowledge of officers who already have a basic knowledge 
and on the other hand provide the basic knowledge to more 
officers in additional provinces. After the second phase 
Vietnam would hence have around 100 officers with in-depth 
knowledge of human trafficking and around 100 officers with 
a basic knowledge. 
 
Furthermore, with the adoption by the GVN of a national 
action program on human trafficking, technical assistance is 
needed to support implementation of it. The action program 
is of a general nature and without proper cooperation 
mechanisms at central and local level the action program 
will not reach its full effect. Since this is Viet Nam's 
first action program on human trafficking there is a lack of 
knowledge on how to implement it. 
 
Gender issues 
 
According to research conducted in by Save the Children, IOM 
and UNICEF and Ministry of Public Security, the victims of 
trafficking in Viet Nam are most often women aged up to 45 
and girl children around the age of 12-17 years.  They are 
often compelled by family pressure to assist the family in 
poor economic or social circumstances.  This family pressure 
has its basis in the traditional culture of Vietnam with its 
distinct gender roles. Indeed, trafficking is also a gender 
issue. 
 
Given the nature of trafficking in persons and the fact that 
a majority of victims are female, a significant proportion 
of participants in all project activities should include 
women in order to ensure gender sensitivity.  The female 
participants are preferably from all ranks and levels of 
administration.  This applies in particular to law 
enforcement activities where there is a clear need to 
involve female officers in anti-trafficking work.  In phase 
I of the project, female participation in the training 
courses was 22 percent and this percentage should be kept or 
exceeded in Phase II of the project as well. 
 
In the training activities, attention is, as in Phase I, to 
be paid to gender and child sensitive investigation and 
prosecution techniques.  The same gender and child sensitive 
approach needs to be adopted in all activities undertaken. 
This is also where female participation is important. 
 
Expected End Situation of the Project 
 
The following are the expected outputs at the end of the 
project: 
 
- The capacity of Viet Nam to ratify/accede to and implement 
the Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, Particularly Women and Children and the Protocol 
against the Smuggling of Migrants by Land, Sea and Air will 
be increased. 
- Awareness among law enforcement and criminal justice 
system on trafficking in and, to a certain extent, smuggling 
of persons as phenomena of organized crime will be further 
enhanced. 
- Knowledge base on law enforcement methods, sharing of 
information and international cooperation used to tackle 
trafficking in persons will be further enhanced. 
- Knowledge base on prosecution of trafficking cases will be 
further increased. 
- Cooperation among Viet Nam and key countries of 
destination of trafficking will be further enhanced. 
- Improved cooperation between national agencies working 
with human trafficking, including institutional improvement 
of the central coordination office. 
- Enhanced practical experience in using obtained technical 
skills from project activities through application of these 
skills in actual case investigation, prosecution and trial. 
- An assessment report on legislation published; training 
material and tools developed; in-service training conducted 
and legislative assistance provided. 
 
Intended Beneficiaries: 
 
As a source country, the main direct beneficiaries of the 
project include the participating ministries and agencies as 
well as their staff who participate in the activities. 
Moreover, as a consequence of increased capacity to prevent 
and tackle the problem, the beneficiaries may include the 
countries of destination. Last but not least, the 
beneficiaries are those people who are able to avoid being 
trafficked as a consequence of improved awareness on the 
side of the law enforcement; and those victims whose cases 
are successfully dealt with within the criminal justice 
system as a consequence of improved capacity. 
 
Project Strategy: 
 
In order to support the reduction of the number of 
trafficked persons, the strategy of the project is to 
increase the pool of national experts on trafficking in 
persons as a phenomenon of organized crime within the 
sectors of law enforcement and judiciary. 
 
This national expertise will be accomplished through 
networking, sharing of information and training on 
trafficking in persons with a focus on organized crime. 
 
This will increase the capacity of Viet Nam to ratify/accede 
to and implement the TOC and sign, ratify/accede to and 
implement the Trafficking Protocol and Smuggling Protocol. 
 
Execution and Implementation Arrangements: 
 
The duration of the project is 2 years. 
 
UNODC will execute the project through the current UNODC 
Viet Nam Country Office with technical backstopping of 
substantive matters by the Anti-Human Trafficking Unit in 
UNODC HQ in close cooperation with the South-East Asia and 
the Pacific Section of UNODC HQ, which is responsible for 
the overall coordination and management. The project 
document and its objectives are in line with the UNODC 
Strategic Program Framework on Drugs and Crime for Vietnam 
2003-2007 and with the guiding principles of UNODC's 
Operational Priorities. 
 
As specified in the UNODC-UNDP Working Agreement effective 
from 1 January 2004, the UNDP Office for Viet Nam will 
provide the UNODC Office for Viet Nam with the financial and 
administrative services which are required for the 
implementation of the different activities of the project. 
An MOU signed by the local Representatives of UNDP and UNODC 
will detail the terms under which UNDP Viet Nam will provide 
the project with the services mentioned above. 
 
Representatives of the implementing agencies and from the 
Supreme People's Court (SPC) and the Supreme People's 
Procuracy (SPP) will form the Project Management Board. The 
board consists of senior representatives of each of the 
agencies, UNODC Viet Nam, the International Technical 
Advisor, the National Project Director and National Project 
Coordinator.  It meets as required to review project 
progress and advise or take important project-related 
decisions that ensure smooth project implementation. 
 
Representatives of the Ministry of Foreign Affairs (MOFA), 
the Ministry of Labour, Invalids and Social Affairs 
(MOLISA), Vietnam Lawyers' Association (VLA), National 
Universities of Hanoi and Ho Chi Minh City, Police Academy 
and Border Army Training School will also be involved in 
project activities. 
 
A National Project Director will be appointed to oversee the 
implementation of the project.  S/he embodies the Executing 
Agency's responsible for achieving project objectives and 
the use of project resources.  An International Technical 
Advisor will be recruited to backstop the project and 
provide technical advice.  A National Project Coordinator 
will be recruited to coordinate the implementation in close 
consultation with the executing and implementing agencies. 
An administrative staff will be recruited to assist in the 
implementation. 
 
Counterpart Support Capacity: 
 
Collaboration, networking and information sharing among all 
participating ministries and agencies lead by the central 
coordination office, Ministry of Public Security are among 
the main outputs of the project; the tradition of 
information sharing among or within different ministries and 
agencies is lacking.  There is a lack of cooperation, data 
and information exchange, which results in insufficient, 
partly contradictory information and statistics.  Still, 
sharing of information is crucial to effectively tackling 
the problem of trafficking in persons. 
 
The above considered, the lead implementing agency, the 
Ministry of Public Security, is undoubtedly a strong 
Ministry and therefore in a very good position to lead the 
implementation of the project, including information 
exchange, with the support and collaboration of the other 
participating ministries and agencies.  However, MPS has 
relatively little practical experience in human trafficking 
project implementation. Therefore, close support from the 
UNODC Viet Nam Country Office is required. 
 
The Ministry of Public Security, the Government of Viet Nam 
will provide in-kind support, totaling 450 million 
Vietnamese Dong, (USD 28,662). 
 
 
CRIME PREVENTION OBJECTIVE, IMMEDIATE OBJECTIVE AND OUTPUTS: 
 
CRIME PREVENTION OBJECTIVE: 
 
To reduce the number of trafficked persons in and from Viet 
Nam. 
 
IMMEDIATE OBJECTIVE: The capacity of government law 
enforcement, prosecution and other criminal justice 
institutions as well as civil society responses to prevent, 
investigate and prosecute cases of human trafficking has 
been strengthened in line with the requirements of the 
Trafficking Protocol, Supplementing the UN Convention 
against Transnational Organized Crime. 
 
OUTPUTS: 
 
Output 1: The capacity of the central coordination office 
and specialized anti-human trafficking units strengthened in 
accordance with the newly approved "National Action 
Programme on Human Trafficking 2004-2010." 
 
Achievement indicator: Mandate and institutional capacity of 
the newly established central coordination office assessed 
and recommendations on strengthening cooperation mechanisms 
between coordination office and other ministries as well as 
specialized police units at province level drafted. 
Equipment provided.  Two annual workshops to review the 
activities, individual cases and implementation of the 
National Action Programme in 2005 and 2006 conducted. 
 
Output 2: A comprehensive legal assessment report on 
existing Vietnamese legislation in the light of the 
Smuggling Protocol to ascertain the capacity of the State to 
ratify/accede to and implement the Protocol and to support 
the design of legislative and other measures required to 
ratify/accede to and subsequently implement the Protocol. 
 
Achievement indicator: Legal assessment report available. 
 
Output 3: Existing training material modified and expanded 
upon, including drafting of a "Human Trafficking Handbook 
for Law Enforcement Officers," a "Human Trafficking Handbook 
for Prosecutors and Judges" and a "Toolkit on Human 
Trafficking," for the law enforcement, immigration and the 
judiciary to combat and punish trafficking in persons. 
Additional material will be at a higher and more 
detailed/specific level for each organization as well as 
include immigration issues such as document fraud, smuggling 
of migrants etc.  All material will be included in the 
present curricula at the Police Academy, Prosecution 
College, Border Army Academy and Court College. 
 
Achievement indicator: Training material available and 
confirmation letter(s) of inclusion in curricula received. 
 
Output 4: Four in-service training sessions conducted for 
law enforcement, immigration, prosecution and judges as well 
as other relevant officials, including representatives of 
the civil society, using the material developed under output 
3. Four advanced in-service training sessions conducted. 
 
Achievement indicator: Training evaluation report available. 
Output 5: International activities conducted to increase 
cooperation with key-countries in the region, including 
participation in international meetings as well as study 
tour(s). 
 
Achievement indicator: Report of the international 
activities available. 
 
Output 6: By the end of the project, enhanced practical 
experience in using obtained technical skills from project 
activities through application of these skills in actual 
case investigation, prosecution and trial and with 
supervision from the National Project Coordinator 
 
Achievement indicator:  Judgements by courts and police 
reports (summaries) received. 
 
END PROJECT SUMMARY. 
 
3. (SBU) To capitalize on existing staffing and momentum 
from Phase 1, it will be necessary to have this project 
funded and running by August 1, 2005. 
 
MARINE