Tor - Tip Consultant.pdf

NATIONAL TASK FORCE AGAINST TRAFFICKING IN PERSONS (NATFATIP)

Terms of Reference Consultant on the Scope and Nature of Trafficking In Persons (TIP) in Jamaica

I.

BACKGROUND

Trafficking in persons is often referred to as a form of modern day slavery.

Every year,

thousands of men, women and children are trafficked in their own countries and abroad. Trafficking in Persons is a multi-billion dollar industry in which transnational organized crime networks take advantage of globalization, modern telecommunications and computer technology to exploit vulnerable populations, especially women and children. On the 29th September 2003, Jamaica ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (“the Palermo Protocol”). Article 3, paragraph (a) of the Palermo Protocol defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. States Parties to the Protocol, including Jamaica, are required to take effective steps to criminalize trafficking and to protect victims of trafficking.

Jamaica has been classified as a country of origin, transit and destination for human trafficking. Persons in vulnerable populations in Jamaica, especially women and children, are among the victims of trafficking. Investigations conducted over the last five years have revealed that traffickers have been exploiting our air, land and sea space to carry out their criminal activities. Jamaica has therefore taken steps to address this crime through the establishment of specific institutional arrangements including the establishment of the National Task Force Against Trafficking in Persons (NATFATIP) and the development of a Trafficking in Persons Unit in the 1

Jamaica Constabulary Force. There has also been the enactment of the Trafficking in Persons (Prevention, Suppression and Punishment) Act, 2007 which was recently amended.

In 2007, the (NATFATIP) under the Citizens Security and Justice Programme 1 (CSJP 1) sponsored the Inter American Development Bank (IDB) commissioned a Study which was conducted by Dr. Leith Dunn and Ms. Sybil Ricketts on Human Trafficking For Sexual Exploitation and Forced Labour in Jamaica”. The main objective of the overall consultancy was to provide a comprehensive assessment of the scope of sexual exploitation and Trafficking in Persons and make recommendations on how to mainstream data gathering.

II.

RATIONALE

The National Task Force Against Trafficking in Persons (NATFATIP) acknowledges that there is currently an absence of any new comprehensive or cohesive data analysis on TIP. It recognizes the need for further research to determine the current scope and nature of Trafficking in Persons in Jamaica and any emerging trends, particularly in light of the efforts made by NATFATIP in the last two years to increase public awareness, train practitioners, reform legislation and strengthen law enforcement and prosecutorial capacity.

III.

OBJECTIVE:

The consultant will conduct a comprehensive data analysis on Trafficking in persons. The objectives of this research are: 

To inquire into the extent and nature of TIP in Jamaica, focussing mainly on trafficking for the purposes of sexual exploitation, forced labour, domestic servitude, sex tourism and organs.



To gather any relevant information on gaps or deficiencies in Jamaica’s antitrafficking in persons’ efforts with a view to identifying the elements for a comprehensive national Anti-trafficking in persons’ policy.



To inquire into the circumstances that put persons, especially women and children, at risk of trafficking.



To inquire into domestic, regional and international best practices on the prevention and prohibition of human trafficking, the criminal prosecution of traffickers, and the protection of victims of trafficking. 2



To inquire into policy and practice in Jamaica measured against anti-trafficking human rights standards especially in respect of the : i. Identification and treatment of trafficking victims ii. Monitoring, investigation and prosecution of traffickers iii. Extent and quality of statutory and specialist services and accommodation for victims.

 To inquire into the causes of human trafficking relating to Jamaica focusing especially on the role of demand for sexual exploitation and child trafficking for forced labour.

IV.

SCOPE OF WORK:

To achieve the above objective, the activities of the consultant will include, but not be limited to, the following: 1) Preliminary Research Activities. The Consultant will: a) Conduct a desk review of all documents relating to TIP in Jamaica including legislation, b) Conduct review of legislation in other commonwealth jurisdictions with a view to identifying appropriate methods of combating trafficking in persons in the Jamaican context. The client has rights to posit any other document they deem pertinent.

2) Conduct consultations with key stakeholders to see how data is shared across sectors and identify any overlaps in the TIP programme design and implementation among entities. Consultation groups should include, but not be limited to: a) MDAs with interest/responsibility in combating TIP. b) Community Based Organisations c) Non Governmental Organizations d) Public These consultations should utilize expert interviews, focus groups and questionnaire surveys to ensure adequate information is gathered.

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Based on the above the Consultant should focus on identifying: 

Strengths, weaknesses, opportunities and threats to the success of the Prevention, Prosecution and Protection (3Ps) processes;



the current vulnerable groups and any shifts taking place regarding the vulnerability of persons within each group;



any emerging groups that may become vulnerable to trafficking;



critical shortcomings in Jamaica’s anti-corruption efforts;



push factors for trafficking and opportunities for empowerment of vulnerable populations, (in order to reduce the likelihood of being trafficked);



effective reporting mechanisms and propose the most practical method of facilitating reports by members of the public;



Effective communication strategies for building public awareness and trust in anti-TIP programmes

V.

DELIVERABLES: 1. Detailed work plan with budget within five (5) working days of signed agreement. 2. Report within twenty five (25) working days of receiving approval of work plan on desk and literature review of regional and international legislation and options that could provide best practice approaches that are able to be integrated into the Jamaica context. 3. Report on consultation process and research findings within thirty (30) working days of receiving approval of desk review. 4. Overall Draft Report for review and comments within twenty (20) days of receiving approval of consultation and research report and should include: (i)

Data analysis on gaps in the trafficking in persons processes to include amendments necessary to facilitate an efficient and effective process in the 3Ps.

(ii)

Push factors for trafficking and opportunities for empowerment of vulnerable populations

(iii)

Data analysis on the relationship among MDAs and how information is shared.

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(iv)

The effectiveness among entities with responsibility in the procedure/process of combating TIP.

(v)

Proposed communication strategies to be employed

5. Final report within ten (10) days of receiving reviews of draft report.

VI.

QUALIFICATION:

The Consultant must have a Masters Degree in Public administration, Business Administration, or one other Social Science with no less than eight (8) years experience in conducting research and data analysis. The experience in conducting research in the security, or justice sector would be an asset.

VII.

EXPECTED DURATION OF ASSIGNMENT

Consultancy not expected to exceed ninety (90) working days.

VIII. REPORTING REQUIREMENTS The Consultant will report directly to: Chairperson, NATFATIP c/o Ministry of Justice 11th floor, NCB (South) Towers, 2 Oxford Road Kingston 5

The consultant will meet with the following: a. Chair, NATFATIP within three (3) working days b. NATFATIP Policy Sub-committee within five (5) working days For briefing sessions to discuss the consultancy and consultants work plan

IX.

APPROVAL OF DELIVERABLES SUBMITTED

Payments will be issued upon approval of the deliverables by the Chair NATFATIP

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