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Africa


International Narcotics and Law Enforcement: FY 2005 Budget Justification
Bureau for International Narcotics and Law Enforcement Affairs
April 2004
Report
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Liberia

Budget Summary ($000)

FY 2003 Actual

FY 2004 Est.

FY 2004 Supp.

FY 2005 Request

—*

5,000

* In FY 2004, $8.156 million was provided to fund the US contribution of police officers to the UNMIL CIVPOL operation in Liberia. This amount was funded by the IRRF supplemental ($7.4 million) and by reprogramming FY 2001 INCLE funds ($0.71million).

Program Objectives and Performance Indicators

International Civilian Police (CIVPOL) will be deployed to Liberia under the auspices of the UN Peacekeeping Mission in Liberia (UNMIL), helping to maintain law and order, and training, vetting, restructuring, and monitoring a new Liberian National Police force.

UN International Civilian Police continue to monitor, advise and train the new Liberian force. As citizens begin to have confidence in the police as an institution, reporting of crime will increase. Internal affairs function will be established, as will other anti-corruption measures. Insecurity on the street will be reduced, as measured by people's willingness to return to normal business and commerce and the marketplace. The number of civilian police deployed will decrease as the numbers of Liberian police officers trained and vetted increase.

The Liberian National Police continue to be strengthened and reformed to develop capacity to provide basic law enforcement that respects human rights, thereby promoting regional stability, supporting the UN peacekeeping mission and the ongoing peace process. Internal and regional stability significantly reduces the ability of criminals to traffic diamonds, timber and humans (including children) to promote conflict and terrorism.

Liberian National Police will continue to be vetted, trained and deployed according to human rights standards to form the corps of a credible, competent police force. A border police will be established and trained, helping Liberia to provide for her own security. Liberian police will be able to respond to reports of crime in a timely manner, conduct effective patrols, and conduct real investigations, with crime reducing over time. Incidences of human rights abuses by police will decrease.

Judicial institutions that can adjudicate cases will continue to be reestablished in the post-conflict environment. Standards to promote accountability and ethics of personnel in the legal system will be established to reduce corruption and increase confidence in the legal system.

Delivery of training, new or amended criminal laws passed and distributed, and trials will begin. Prosecutors will receive training to increase the number of cases successfully and fairly prosecuted. The system will become more transparent, and ethics will be stressed for judicial and prosecutorial personnel.

Program Justification

After corrupt and brutal dictatorships and years of civil war, Liberia has the opportunity to begin the process of rebuilding its country toward a stable, peaceful and democratic future. Criminal activity played a key role in the conflict in Liberia. The conflict in Liberia has been fueled by the illegal sale and smuggling of timber and diamonds. Evidence suggests that al' Queda bought diamonds in Liberia as a way of laundering money and hiding resources. The Charles Taylor government forces used children for soldiers, smuggling them across borders.

Strengthening Liberian's anti-terrorist and law enforcement capacity is a key US priority. INL wants to ensure civil order and reduce the potential for terrorists to threaten Liberia's fragile peace by taking advantage of Liberia as a haven for money laundering, arms smuggling and other activities supporting terrorism. Hizballah maintains strong sub-regional financial interests, which INL does not want to see expand into Liberia's Muslim community. After more than two decades of conflict and instability, Liberia has only the barest law enforcement infrastructure and little capacity to control its borders or enforce customs and other laws. Its diamond fields and forests have attracted significant illicit commercial activity. When there has been a war, there is a tendency to replace combat with crime, allowing criminal elements to flourish. Enhancing the ability of law enforcement to deal with these and other law enforcement challenges is therefore a priority.

Building lasting peace in Liberia will also contribute to security throughout the sub-region. To achieve this, INL will continue to support peacekeeping operations, including the provision of US police to the civilian police operation of UNMIL. Following the October installation of the National Transitional Government of Liberia (NTGL) and the deployment of UN peacekeepers, key next steps are the disarmament, demobilization and reintegration of former combatants, and the restructuring and training of new police and security forces.

Critical as well is the establishment of a police and criminal justice system that is transparent, respects human rights and discourages corruption. Building the rule of law is a critical foundation for all reconstruction efforts in Liberia, as it supports foreign and local investment, expatriate and internally displaced persons return, and NGO efforts. The Secretary General in his report to the Security Council stated, "The Liberian national police is said to have functioned more as an instrument of repression than as an enforcer of law and order." The Accra peace accord, signed August 18, 2003 called upon the UN to assist with training and restructuring the Liberian National Police force.

Liberia is hampered in its ability to implement police and judicial reform due to tremendous lack of resources, and to some extent, lack of expertise. Almost everything had been looted, there had been no formal training for police, and the culture of police was to serve the government, as opposed to the people. INL programs will continue to support functioning judicial institutions, police development and reform, and anti-corruption measures.

Program Accomplishments

In coordination with the UN and the National Transitional Government of Liberia, INL has identified four areas for police reform and development. The four areas are infrastructure development, training, capitol development and equipment.

US civilian police have deployed to the UNMIL mission, joining police from at least 12 other nations. It is planned that up to seventy-six US officers will deploy. The UNMIL police commissioner is an American, Mark Kroeker. This is the first time an American has held the commissioner position within a UN mission.

Creation of a credible, competent, and democratic police force is essential to public order and public confidence in the new government. The new Liberian police force will require extensive vetting and training. The UN is in the process of establishing an interim police force of vetted officers to begin patrols immediately, and will soon be starting a complete recruitment and training process for the new Liberian police force. They are anticipating a three-month training program that includes basic police skills and emphasizes human rights, and a six-month field-training program. The US will help to provide curricula developers, trainers, equipment, and other non-lethal support for the establishment of a new police force.

The judicial system also requires significant assistance and reform, both in terms of ethics and anti-corruption measures, and training on the current laws, constitution and criminal procedure. In addition, the courts have been thoroughly looted, and law books and supplies are required for court functioning. INL has begun a program to assist in these areas.

FY 2005 Program

The FY 2005 program is divided in two general categories. Two projects, civilian police and police development and reform, comprise the crime control assistance program. These began in 2003 and 2004, respectively. Two projects, judicial reform and anti-corruption measures, comprise the criminal justice assistance program. Judicial Reform program was begun in 2004, and the anti-corruption program is new in 2005. These projects are all proceeding in cooperation with the Liberian Government, the UN mission, and other donors.

Crime Control Assistance

Civilian Police: The US will continue to provide US police officers to the UNMIL peacekeeping mission. US officers will continue to work alongside officers from at least 12 other nations, providing expertise in the areas of academy training, field training, patrols, community policing, investigations, traffic, crime analysis, forensics, police management, supervisory skills, police administration, and other specialized skills. US CIVPOL officers will continue to monitor the new Liberian police to discourage and report human rights violations. They will also continue to co-locate with Liberian officers in their stations and engage in joint patrols, to increase public confidence in the police.

Police Development and Reform: The UN and the NTGL plan to establish a police force that is 3,500 persons strong - 3,000 National Police and 500 Border and Port Police to start. To do so, the US will continue to provide non-lethal assistance to reestablish a national police force. The project will continue to provide police training, including development of a modern police training capacity at the police academy for recruits and an in-service training program for serving officers. Technical assistance will be provided to develop an effective organization structure with required legal authorities, including an appropriate rank structure and position descriptions and will help develop organizational capacity at the command, mid-level and first line supervisory levels. Funds will continue to provide non-lethal personal equipment, communication and management systems, and enhancements to police physical plant and infrastructure.

Criminal Justice Assistance

Criminal Justice Sector Development: The courts in Liberia have been subject to extensive executive branch interference and many judges are thought to be corrupt. The US will continue to support judicial reform, including providing technical assistance to the Ministry of Justice in establishing systems, transparency measures and training to discourage corruption and encourage professional standards for judicial and prosecutorial appointments. Funds will continue to be used to refurbish courts, provide copies of laws and case law and provide basic court supplies. Training will continue to be conducted with a view toward long-term sustainability, encouraging legal personnel to become trainers themselves.

Anti-Corruption Measures: Funds will be used to work with police management and judicial institutions to institute anti-corruption measures, increase transparency and citizen access to police and justice officials.

Program Development and Support (PD&S): PD&S funds are used for the salaries, benefits, allowances, and travel of direct hire and contract U.S. and foreign national personnel, International Cooperative Administrative Support Services (ICASS) costs and other general administrative and operating expenses for counternarcotics and anticrime program planning, design, implementation, monitoring, and evaluation.

Liberia
INL Budget
($000)

FY 2003 FY 2003
Supp
FY 2004 FY 2004
Supp
FY 2005
Crime Control
Civilian Police - - - A 3,280
Police Development and Reform - - - - 1,000
Criminal Justice Development
Judicial Reform - - - - 400
Anti-Corruption 100
Sub-Total - - - - 500
Program Development and Support
U.S. Personnel - - - - 140
Non-U.S. Personnel - - - - -
ICASS Costs - - - - 70
Program Support - - - - 10
Sub-Total - - - - 220
Total - - - - 5,000
A - $7.4 million was provided through the FY 2004 Supplemental Appropriations Act (IRRF).

Nigeria

Budget Summary ($000)

FY 2003 Actual

FY 2003 Supp

FY 2004 Estimate

FY 2005 Request

1,760

2,250

2,250

Program Objectives and Performance Indicators

Nigerian law enforcement's capacity to deter, prevent and investigate trafficking in narcotics and financial fraud will be strengthened.

Training delivered leading to improved investigative and interdiction skills, and resulting in an increased ability to stop the flow of drugs through international airports, seaports and border entry points; increased investigations, arrests and prosecutions of major Nigeria-based drug traffickers; and increased investigations, arrests and prosecutions of money laundering and other financial crime cases.

Nigerian drug enforcement authorities become effective and reliable partners with U.S. and other West African law enforcement agencies.

Counternarcotics training facilities upgraded and expanded to accommodate regional participants; joint training delivered; new channels for communication and cooperation result in increased transnational collaboration on investigations and prosecutions of cases with West African and other countries.

Organization, policies and procedures of the Nigerian Police Force are improved.

Police Act and Force Orders updated; strategy for improving personnel actions, such as hiring, promoting, disciplining, developed by the Police Service Commission; progress towards the institutionalization of model police training curricula and adult teaching methodologies at the police recruit training facility in Kaduna.

Cooperation among prosecutors, judges and the police, especially in the prosecution of corruption cases, is strengthened.

Assessment conducted and strategy for improving cooperation developed; evidence collection and preservation techniques improved; joint training of law enforcement and criminal justice personnel leads to improved collaboration on corruption cases.

Program Justification

INL programs in Nigeria are designed to achieve key United States foreign policy objectives of strengthening democratic institutions and protecting the U.S. against international crime by improving the performance of the criminal justice sector.

Nigerian organized crime groups dominate the African narcotics trade, transporting narcotics to markets in the United States, Europe, Asia and Africa. Some of these criminal organizations are engaged in advance-fee fraud and other forms of financial crime that defraud U.S. citizens and businesses. Years of military rule and economic decline contributed to the expansion of narcotics trafficking and criminality in Nigeria. Severe unemployment and widespread corruption provided both an incentive and the means for Nigerian criminal organizations to make Nigeria a major transit point in the international narcotics trade. Southeast and Southwest Asian heroin smuggled through Nigeria amounts to a significant portion of the heroin smuggled into the United States, resulting in Nigeria being placed on the U.S. list of major drug producing and drug-transit countries.

Since the end of military rule and dictatorship in 1999, the Nigeria Police Force (NPF) has made efforts to adopt modern and effective techniques appropriate for policing in a democracy. As the police become more professional it is crucial to build bridges between the police and the judiciary in order to improve the rate of criminal convictions. Success in this effort is critical to strengthening democratic institutions in Nigeria.

Program Accomplishments

Since its return to democratic government, Nigeria has demonstrated its commitment to cooperating with the U.S. in combating international crime emanating from Nigeria, including narcotics trafficking and financial fraud; and in combating public corruption. In January 2003, the instruments of ratification of the U.S.-Nigerian Mutual Legal Assistance Treaty were exchanged and the Treaty entered formally into force. Nigeria earned full certification in 2001, 2002 and 2003 for its counternarcotics efforts, including successful prosecutions of smugglers arising from the 2001 seizure of 60 kilograms of cocaine in Lagos, and initiating the prosecution of five banks suspected of violating money laundering legislation passed in late 2002. The Economic and Financial Crimes Commission (EFCC), newly established in 2002, and fully constituted in April 2003, has been credited with the arrest of two advanced-fraud "kingpins" and a newly elected member of the National Assembly as well as the recovery or seizure of more than $200,000,000 in assets obtained through fraudulent means. In addition, the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which has received U.S. assistance, is currently conducting investigations involving 14 governors, several National Assembly members and at least three current and former cabinet ministers.

Counternarcotics: Counternarcotics assistance has been focused on the Nigerian National Drug Law Enforcement Agency (NDLEA), which has sole responsibility for combating narcotics trafficking and abuse and which cooperates with U.S. counterpart law enforcement agencies. During 2003, NDLEA created "State Commands" to ensure a comprehensive nationwide presence of the Agency. NDLEA now has 37 State Commands in addition to its National Headquarters and nine Special Area Commands. Between January and October 2003, NDLEA seized 68 kilograms of heroin, 131 kilograms of cocaine, 70 kilograms of heroin, 530,430 kilograms of cannabis, 937 kilograms of psychotropic substances. Over 2300 persons were arrested and 841 prosecuted. In addition, the Agency located and destroyed 159,202 hectares of cannabis throughout the country.

U.S.-provided equipment and training have assisted the NDLEA in detecting and deterring narcotics trafficking from Lagos' Murtala Mohammed International Airport (MMIA). In September 2003 INL provided a modern, digital x-ray machine for the NDLEA at MMIA. The old x-ray equipment will be moved to the international airport in Abuja where NDLEA has had great success in interdicting couriers destined for Europe and the U.S. Traffickers are increasingly avoiding MMIA illustrating both NDLEA's effectiveness and the need to increase interdiction capacities elsewhere in Nigeria and West Africa.

NDLEA has been included in all INL-funded training courses dealing with cyber crime and computer forensics that have been offered by the USSS and FBI. NDLEA also participated in a three-part ATF/Customs training program dealing with small arms trafficking through the ports and landborders. NDLEA's inclusion in this training with its Customs and Immigration counterparts contributed to successful collaborations in the inspection of containers and also in identifying contraband other than drugs.

Financial Fraud: U.S. intervention was instrumental in 2002 in the Obasanjo Administration pushing through legislation on money laundering and the creation of an Anti-Terrorism, Economic and Financial Crimes Commission (EFCC) that responded to Financial Action Task Force (FATF) standards. In 2003, NDLEA and the new Economic and Financial Crimes Commission (EFCC), which will receive U.S. assistance beginning in FY 2004, began vigorously enforcing the provisions of the Money Laundering Act. Several banks were charged with violating the provisions of the Act. If convicted, these banks could be put out of business. Further, two judges from the High Court in Lagos and two from the High Court in Abuja have been designated to hear all cases brought by the EFCC.

The EFCC recently set up a Financial Intelligence Unit (FIU) and since May 2003, has recovered or seized assets of financial crime valued over U.S. 219 million dollars from various fraudsters inside and outside of Nigeria and more than the equivalent of U.S. 7 million dollars from a syndicate that included highly placed government officials defrauding the Federal Inland Revenue Service (FIRS). NDLEA, in collaboration with the U.S. Federal Bureau of Investigations, helped intercept over $3,000,000 worth of fraudulent checks and in cooperation with Federal Express, recovered over $200,000 in merchandise that was purchased with stolen credit cards.

Initially, the NDLEA's anti-money laundering activities were limited to general investigations. Currently, NDLEA's financial investigation capacity has been improved by upgrading the financial investigative unit to a full-fledged Directorate. Other concrete steps include establishing an inter-ministerial committee headed by the Permanent Secretary to the President; engaging in constructive dialogue and correspondence with FATF on how to meet FATF goals; and amending the Money Laundering Act to reflect FATF standards.

Police Modernization: A DOJ/ICITAP Police Advisor/Program Manager was assigned in August 2002 to assist the NPF with modernization and reform efforts. Additional long-term technical advisors were deployed to different police training academies to work with senior police officials in the development of a modern police academy curriculum and to train trainers and new recruits. More than 100 trainers have been trained to teach several different disciplines, including civil disorder management, election security and community policing. The first class of 500 recruits using the new curriculum graduated in December 2003 and will be assigned to the Kaduna metropolitan area.

U.S.-provided training in election security, civil disorder management (CDM) and community policing was tested during the national elections held in April 2003 in which fewer incidents of violence were reported than in any other election previously held in Nigeria. Reports from international observers, NGOs monitoring the elections and the Police Service Commission charged with investigating incidents involving police misconduct have shown a marked decrease in violence since training was conducted. President Obasanjo was so impressed with the newly trained personnel that he dismissed his normal security apparatus (MOPOL) and designated the CDM trained personnel to handle security on his visits around the country.

The Police Service Commission, a civilian oversight body that was inaugurated in November 2001, has the authority to discipline, appoint and promote all police personnel except the Inspector General of Police. Technical assistance has been provided to the PSC to help it fulfill its mandate to develop transparent disciplinary systems and transparent procedures for hiring and promoting personnel. The Police Advisor and NLEO have been working with the PSC on organization and requirements to ensure that the maximum benefit is attained when the long-term Technical Advisor arrives in early 2004. INL assisted the PSC in developing its program for monitoring the performance of the police during the elections of April 2003.

Judicial Sector Reform: INL programs in Nigeria have to date targeted police institutions. However, the need for better communication, coordination and integration of efforts among the police, prosecutors and judges has become evident. Therefore, FY 2005 programs will include a greater focus on prosecutorial training and the relationship of the judiciary with the police.

FY 2005 Program

Nigerian criminal organizations are international in scope and have a direct impact on the U.S. FY 2005 funds will be used to continue to build strong counterpart agencies for U.S. law enforcement in three critical areas: counternarcotics, financial fraud, and the judicial sector. FY 2005 funding will also continue support for modernization of the NPF.

Counternarcotics Support. FY 2005 funds will be used to continue interdiction training (through DEA) at the NDLEA academy in Jos on targeting, profiling and concealment methods. Funds will also provide for modest infrastructure upgrades to the Jos Academy including improved classroom facilities to support regional training courses as well as equipment for NDLEA units in Abuja and Kano. Facilities at the NDLEA Academy will accommodate at least 100 students per class. Additional support for NDLEA's Joint Task Force will be essential in order to continue regional efforts initiated through the West Africa Joint Operations (WAJO). Improved logistics, intelligence gathering and communications capability will be vital to the successful coordination and interdiction of major traffickers in the sub-region.

Financial Fraud: FY 2005 funds will be used to provide advisory technical services to the fledgling Economic and Financial Crimes Commission (EFCC) to improve its capacity to deter, investigate and prosecute advance fee fraud and other financial crimes. Funds will also be used to procure equipment for training purposes and administration of the Financial Intelligence Unit (FIU) to combat cross-border financial crime.

Police Modernization: The objective of this project is to contribute to the professionalization of the NPF by institutionalizing a model training curriculum and adult teaching methodologies at the Police College in Kaduna in order to create a "model region" emphasizing police-community relations in the Kaduna region. The model curriculum will incorporate training in modern police techniques and respect for human rights; and will be used to train police instructors and new recruits in civil disorder management, community policing, and criminal intelligence gathering. INL will seek out-year funding to expand the Kaduna model to police colleges in other regions of Nigeria.

FY 2005 funds will also be used to continue advisory technical services to senior police managers and to the Police Service Commission to monitor progress, develop long-term strategies and ensure the sustainability of the changes made during the previous two to three years, including the implementation of the new curriculum at the Police College in Kaduna and the revision of the Police Act and Force Orders. The planned program also calls for training of investigators, equipment and assistance in establishing offices around the country. Modest equipment will be provided for training purposes and donated when training ends. Technical advisors will evaluate the implementation of the new curricula and new training methodologies and assess the impact of community policing strategies on the target area of Kaduna. An overall assessment of the program's impact on the police force will be conducted.

Judicial Sector Reform: FY 2005 funds will provide for an assessment of the relationship between the police and the judicial sector in Nigeria. Funds will also provide for training and technical assistance for prosecutors and investigators working jointly within the Independent Corrupt Practices Commission (ICPC) to improve their ability to investigate and prosecute corruption cases. Approximately five 5-week courses will be conducted for investigators, prosecutors, judges, public defenders and possibly members of community groups working on anti-corruption issues.

Program Development and Support (PD&S): These funds will provide resources for salaries, benefits, and allowances of permanently assigned U.S. and foreign national direct-hire and contract personnel, International Cooperative Administrative Support Services (ICASS) costs, travel, TDY assistance, and other general administrative and operating expenses for program planning, design, implementation, monitoring and evaluation of the narcotics and law enforcement affairs programs.

Nigeria
INL Budget
($000)

FY 2003 FY 2003
Supp
FY 2004 FY 2004
Supp
FY 2005
Law Enforcement Support
Counternarcotics Support 150 - 646 - 550
Police Modernization 1,162 - 800 - 700
Illegal Migration - - 200 -
Financial Fraud - - 200 - 200
Judicial Sector Reform/Anti
Corruption - - - - 220
Sub-Total 1,312 - 1,846 - 1,670
Program Development and Support
U.S. Personnel 135 - 130 - 177
Non-U.S. Personnel 50 - 48 - 65
ICASS Costs 121 - 116 - 188
Program Support 143 - 110 - 150
Sub-Total 448 - 404 - 580
Total 1,760 - 2,250 - 2,250

South Africa

Budget Summary ($000)

FY 2003 Actual

FY 2003 Supp

FY 2004 Estimate

FY 2005 Request

1,442

1,770

1,770

Program Objectives and Performance Indicators

The Government of South Africa's capacity to detect, deter and prosecute complex crime is improved.

Training, technical assistance and equipment delivered and effectively utilized by law enforcement results in disruption of criminal syndicates and investigation of financial and organized crimes, drug trafficking, counterfeiting, trafficking in persons, and migrant smuggling cases; increased numbers of arrests and prosecutions and increased seizures of contraband at points of entry recorded.

South African trained and effectively operating against national and transnational crime.

Effective implementation by the Johannesburg Metropolitan Police Department (JMPD) of U.S. operational, management and training recommendations; JMPD training facility upgraded; increased number of JMPD and other South African police trained at the JMPD academy; improved communication and coordination between the JMPD and other police forces enhances regional efforts against transnational criminal organizations.

The Department of Correctional Services' ability to reduce recidivism is improved.

Training and technical assistance delivered; increased capacity to manage prisoner caseload, introduce rehabilitation programs and use long-term prisoners as in-house counselors; reduced numbers of prisoners awaiting trial, increased access to rehabilitation and peer drug counseling programs.

Program Justification

South Africa is an anchor for stability and prosperity in the Southern African region. It plays a key leadership role in the region by encouraging other countries to address crime, terrorism and immigration threats, under the umbrellas of the Southern African Development Community, the New Partnership for Africa's Development and the Southern African Regional Police Chiefs Cooperation Organization. Assisting South Africa on law enforcement and judicial issues directly addresses INL's twin goals of international crime and drugs while serving as a platform for the broader U.S. goals of supporting a stable and prosperous South Africa, fighting transnational security threats and creating a favorable climate for investment in the region.

Organized and complex crimes continue to vex the South African Police Service (SAPS), which faces widespread street crime and among the highest rates of murder and rape in the world. When the walls of apartheid crumbled, transnational organized crime syndicates entered South Africa and set up business, taking advantage of established smuggling routes, a world-class transportation system and sophisticated financial institutions. Providing technical assistance, training and select material to the South African law enforcement sector for detecting, investigating, and prosecuting complex and organized crime--including transnational crime--will help address a key impediment to economic development, support South Africa's still-fragile democracy, and enhance security and stability in the region.

Democracy and the rule of law cannot flourish without a well functioning judicial sector. South Africa recognizes that its criminal justice system is not performing at its optimal capacity. In 2000, the police recorded approximately 2.58 million crimes. Of these, approximately 610,000 went to court and the prosecution service took on only 271,000 of these cases. Out of the initial 2.58 million cases slightly more than 210,000 (or 10.5%) ended in conviction. For some serious crimes the number of convictions as a proportion of reported cases was even lower: for car hijacking it was 2.3%, aggravated robbery 2.8%, and rape 8%.

South Africa's porous land and sea borders make it extremely difficult for South African authorities to identify and track illegal immigration and trafficking of drugs, contraband and persons—including potential terrorists. There is no effective system in place that links immigration, customs, and border control functions at this time. The Immigration Act of 2002 has newly vested all responsibility for border control with the Department of Home Affairs, which has requested U.S. assistance.

In order to provide better security for its citizens, give police responsibility for distinct geographic areas, and improve the capacity of the SAPS to deter crime, the South African Government has begun to establish municipal police forces. These forces have limited powers, and are meant to assist the SAPS through more visible policing and by spearheading the initial investigations of many less complex and serious crimes. In assisting the municipal police force in South Africa, INL is also providing much-needed stability in areas where established businesses are fleeing and new investors fear to tread due to rampant crime. The Johannesburg Metropolitan Police Department has existed for about three years and needs continued technical support, direction and management advice. The JMPD also needs an upgraded training facility to train its personnel and other South African police forces. The relationships developed at the facility will enhance channels of communication and improve coordination across jurisdictional grounds.

Improved South African policing has had the negative effect of creating backlogs in the courts and packing the prisons. Prisons in South Africa are overcrowded, under-resourced, and have become training grounds in illegal activities for young criminals. Numbers of prisoners awaiting trial in South Africa rank among the highest in the world according to the Office of the Inspecting Judge of Prison; 41% of such prisoners remain incarcerated because they cannot minimal fines. The recidivism rate in South Africa stands at approximately 80%, according to South Africa's Institute for Security Studies, and prison personnel are unable to conduct programs that will both reduce the numbers of criminals in prison and rehabilitate those who are open to changing their lives. Working with the Department of Correctional Services in pilot projects has paid large dividends in rehabilitating and reintegrating juvenile offenders into the community and turning them into productive members of society. These programs have also assisted in decreasing the numbers of juveniles in prison through diversion programs, and have reduced sentences for prisoners completing rehabilitation programs. These programs will need to continue in the near term before the problem of overcrowding can be addressed.

Program Accomplishments

Law enforcement training programs for South Africa have traditionally focused on the SAPS as the premier law enforcement agency in the country. In recent years, the program has expanded to include the National Prosecuting Authority and their investigative wing the Directorate for Special Operations (DSO), the South African Revenue Service, the Special Investigating Unit and the Johannesburg Municipal Police Department (JMPD). Past programs have assisted the SAPS, DSO, and other law enforcement officers through specialized training in a wide range of courses including financial crimes, computer crimes, counterfeiting detection, interviewing techniques, border and port control, drug detection, counter terrorism and street safety. Relevant parts of these courses have been integrated into the SAPS', DSO's and JMPD's training curriculum. An additional benefit of the training courses has been the enhanced cooperation with U.S. law enforcement agencies stemming from personal relationships formed with their South African counterparts.

Equipment donated to the police over the past three years has also proved invaluable to the SAPS. U.S.-donated Analyst Notebook software helped the SAPS organized crime units better coordinate their work, detect overlaps in different cases, and follow complex evidence chains. The software has been used in numerous investigations on narcotics, criminal gangs, and the South African terrorist group, People Against Gangsters and Drugs and the right-wing Boermag. Equipment purchased for the SAPS' forensics lab has helped the SAPS and U.S. Secret Service agents detect several million dollars worth of counterfeit U.S. currency and fraudulent documents originating in South Africa and other African countries. Computer forensics reference material purchased for the commercial crimes section of the SAPS has complemented training provided by U.S. law enforcement agencies, resulting in increased and better investigations and court cases.

The South African Government recognizes that one of the biggest threats to its democracy is the criminal capacity to undermine the economy and financial sector. South African law enforcement and prosecutorial sectors lack enough trained and experienced officials who can follow the path of illicitly gained profits although progress is being made on this front. These skills are needed for a wide array of investigations such as public corruption, drug trafficking and human smuggling and to identify profits in asset forfeiture cases, which are increasing in importance in South Africa. This year the U.S. conducted numerous training seminars for both prosecutors and investigators on financial crimes, conducted an exchange program with U.S. attorneys to give greater exposure to South Africa attorneys working on financial crime cases, and provided hands-on mentoring for prosecutors developing financial crime cases. As a result there are now about 30 financial crime and money-laundering cases in various stages of development throughout South Africa and prosecutors are working closely with SAPS and DSO investigators. The U.S. is also supporting the Special Investigating Unit develop financial investigation skills and investigate corruption throughout South Africa.

For the past two years, the U.S. has employed an Assistant United States Attorney through the Overseas Prosecutor Development, Assistance and Training (OPDAT) program as a Resident Legal Advisor (RLA) to work inside the National Prosecuting Authority (NPA) with senior management of the organization. The RLA has acted as a legal consultant, given advice on specific cases, spearheaded the effort to educate and prosecute money laundering and financial crimes, designed strategies to combat specialized crimes, especially organized crime, and introduced the South Africans to innovative law enforcement techniques. The RLA brought a prosecutor from the U.S., a specialist in the U.S. Organized Crime (RICO) statute, to help South Africa set up a national organized crime desk function, conduct training courses for South African prosecutors on South Africa's organized crime act, and provide mentoring on specific cases. A result of this six-month program is a national desk clearing process for organized crime cases that currently includes approximately 15 additional organized crime cases in development. Until FY 2004, the U.S. Agency for International Development was funding and managing the costs associated with the RLA program with Economic Support Funds (ESF), while INL provided funding for training and technical assistance activities. ESF for Africa was severely cut in FY 2003 and USAID can no longer afford the RLA position costs. INL assumed funding for this position in FY 2004 because of its centrality to effective criminal justice and law enforcement reform programs.

In FY 2003, INL began to support the Johannesburg Metropolitan Police Department (JMPD), one of the largest and newest municipal forces in South Africa, by providing an advisor from the Los Angeles Police Department to work on management, organization and training issues, among other topics. The advisor assisted JMPD develop a strategic plan for implementing recommendations made during a 2001 assessment. Funding was also provided to upgrade the infrastructure of the JMPD training facility. Organizational and leadership changes have been made in accordance with the recommendations by the U.S. advisor and plans are in place to further refine processes, and existing management structures.

In FY 2002, INL funded a pilot drug-counseling program for inmates in a maximum-security prison in Johannesburg. This program won an award in the Department of Correctional Services for its innovation and success, and has generated much enthusiasm within the Department for its continued development. Training was provided to young inmates serving long-term sentences (15-20 years) who in turn would provide peer drug counseling to compensate for a lack of available social workers and counselors. These inmates have become leaders within the prison system, counseling gang members and other inmates on drug abuse, HIV/AIDS and other issues.

In FY 2003 INL funded a rehabilitation project for inmates who are preparing for release back into South African society. The rehabilitation sessions include training in crucial life skills designed to keep ex-offenders from returning to a life of crime and lowering the recidivism rate in South Africa. Training sessions also included a train-the-trainer component for correctional services personnel. Inmates who participate in these rehabilitation sessions will be more likely to effectively integrate into and become productive, law-abiding members of South African society.

FY 2005 Program

The FY 2005 program will build upon efforts undertaken in previous years in the law enforcement, judicial and corrections systems and initiate new assistance projects for the Department of Home Affairs and the judiciary.

Intermittent Legal Advisor/Financial Advisor (ILA): Funds will continue to support the ILA position. Funding will provide for travel and living expenses for the ILA as well as a modest amount of funds for training and equipment suggested by the ILA in consultation with Pretoria's Regional Narcotics and Law Enforcement Affairs (RNLEA) Officer and the NPA. The program will continue to focus on prosecuting complex crimes such as organized and financial crimes and will take on a greater mentoring role, through exchange programs with U.S. and on-the-job consultations on complex cases.

Financial Crimes Investigations: Funds will provide for one advisor to travel to South Africa for six months to one year to continue mentoring the law enforcement and justice sectors on preventing, detecting and combating the financial components of serious crimes. The advisor will primarily work with the South African Police Service (SAPS), the South African Revenue Service (SARS), the Directorate of Special Operations (DSO/Scorpions) and the SIU on case management and investigations. Essential equipment, such as computer hardware, software, and surveillance gear will be donated to improve South Africa's capacity to investigate and prosecute complex financial crime.

Immigration and Border Control: Funds will provide for a long-term, intermittent advisor for the Department of Home Affairs (DHA) for one year. The advisor will work closely with the Minister, Director General, and others in the upper echelons of the Department to 1) complete an assessment of the organization as it currently stands; 2) craft long- and short-term plans of action to improve the Department's management, personnel, and enforcement capacities; and 3) assist the Department with revenue generation from the South African Government and international donors to implement the plans of action. Funds will also provide for an independent evaluator to travel to South Africa within one year after the completion of the project to measure the effectiveness of the changes proposed by the U.S. advisor and implemented by DHA.

Judicial Administration: In FY 2005, funds will provide for a comprehensive study and assessment of South Africa's judicial sector in terms of efficiency, corruption, and the relationship between the police and the judiciary, as requested by the South African National Directorate of Public Prosecutions (NDPP). From this study, the assessment team (composed of U.S. judges, prosecutors, and court managers) will develop a series of recommendations and an implementation strategy for improving caseload management, case processing, and institutionalizing internal controls. Out-year funding will be requested to assist the South African government with implementation of the strategy.

Johannesburg Metropolitan Police: In FY 2005, INL funds will provide for the return of an advisor to work closely with the JMPD for six months to a year on the implementation of recommendations previously. The advisor will also work closely with the JMPD on improvements to the training curriculum and facility upgrades begun in FY 2003 and the extension of the training venue's facilities to the SAPs and other municipal police services by. Funds will also be used for an independent consultant to evaluate the training facility and implementation of suggested changes made by the JMPD since the program's initiation. FY 2005 funds will also provide limited commodity assistance to the JMPD.

Correctional Systems Development: Funds will provide for a continuation and expansion of the rehabilitation project funded initially in FY 2003. Funding will cover the costs of experts and training materials to begin rehabilitation training in an additional three to five prisons within South Africa. This includes training correctional services personnel to facilitate future sessions. Funds will also provide for a comparative study to assess the success of the rehabilitation project.

Program Development and Support (PD&S): These funds will provide resources for salaries, benefits, and allowances of permanently assigned U.S. and foreign national direct-hire and contract personnel, International Cooperative Administrative Support Services (ICASS) costs, TDY assistance, and other general administrative and operating expenses for program planning, design, implementation, monitoring and evaluation.

South Africa
INL Budget
($000)

FY 2003 FY 2003
Supp
FY 2004 FY 2004
Supp
FY 2005
Administration of Justice
Intermittent Legal Advisor/Financial Advisor - - 472 - 400
Financial Crimes 747 - 350 - 200
Immigration/Border Control - - 200 - 200
Judicial Administration - - - - 200
Johannesburg Metropolitan Police - - 300 - 300
Correctional Systems Development 490 - 250 - 120
Sub-Total 1,237 - 1,572 - 1,420
Program Development and Support
U.S. Personnel 124 - 120 - 183
Non-U.S. Personnel 10 - 10 - 34
ICASS Costs 40 - 38 - 72
Program Support 32 - 31 - 61
Sub-Total 205 - 198 - 350
Total 1,442 - 1,770 - 1,770

Africa Regional

Budget Summary ($000)

FY 2003 Actual

FY 2003 Supp

FY 2004 Actual

FY 2005 Request

3,498

2,830

1,480

Program Objectives and Performance Indicators

The capacity of the criminal justice sector within targeted Sub-Saharan African nations to detect, investigate and prosecute crimes of concern to the U.S. (including illegal immigration and terrorism) will be strengthened.

Technical assistance, training and equipment delivered to and effectively utilized by recipients; improved inspection routines at select ports-of-entry; increased evidence collection and analysis; increased numbers of criminal investigations conducted by police; improved quality of evidence used in criminal court cases; and improved bilateral law enforcement cooperation and information sharing.

Sustainable improvements in policing in select Sub-Saharan African countries will continue through the modernization and professionalization of select law enforcement groups within the region.

Increased numbers of recruits, officers, and instructors trained at select police training facilities; development and implementation of modern curricula and adult teaching methodologies in select police training facilities; development of strategic plans for improving law enforcement training; improved forensic facilities; and improved bilateral law enforcement cooperation result in more effective law enforcement institutions.

Program Justification

Criminal activities throughout the African continent corrupt and weaken governments, undermine progress towards the establishment of democratic institutions, hinder economic growth and foreign investment, and create an attractive environment for terrorism and other transnational crime. Police professionalization and institutional development of the criminal justice sectors are keys to supporting democracy.

East and Southern Africa (Tanzania, Uganda, and Mozambique) comprise a transit route for African and Asian criminal activities including trafficking in narcotics, persons, and other contraband; alien smuggling; money laundering; financial crime, and terrorist attacks.

West Africa is a major transit hub for narcotics trafficking, trafficking of persons, small arms, financial fraud, and fraudulent documents directly affecting U.S. citizens. Weak criminal justice institutions across Africa have made the continent a safe haven for organized crime groups, including terrorist cells. Since September 11 and the crackdown on traditional transshipment routes for drugs and arms, Africa has become a convenient alternative route for illegal contraband heading for the U.S. and Europe.

INL crime and drug programs in African countries support the development of professional and sustainable law enforcement institutions capable of detecting and deterring criminals operating in their territories. By making African countries less attractive to criminal elements, INL programs foster the rule of law that forms the bedrock upon which the USG's broader goals of democracy and prosperity goals must rest.

Program Accomplishments

Programs aimed at institutional law enforcement development in Sub-Saharan Africa have met with success despite limited funding and brief histories. In 2002, a civil disorder management program initiated for the Tanzanian Police Force (TPF) included the development of a riot deployment strategy designed by command-level officers with the assistance of a U.S. advisor. In 2003, civil disorder management training was presented to 150 command and line officers employing the riot deployment strategy. The training incorporated $70,000 in riot equipment such as helmets, shields, batons, Red Man suits, gas masks, first-aid kits, and megaphones that were donated to the TPF at the conclusion of the course. The Field Force Unit (FFU) that received training has been successfully deployed on several occasions beginning with an anti-U.S. demonstration that was proceeding to the Embassy in Dar es Salaam. The Field Force Unit deployed forces to channel and control the demonstration, which was allowed to proceed and disburse in an orderly manner. The FFU also successfully prevented one group's attempt to break away from the main demonstration and reach the embassy grounds without an escalation in violence. Several months later the FFU was sent to Zanzibar during by-elections and proved equally successful in controlling several small demonstrations. Most recently, the FFU deployed during demonstrations against the municipal government in Dar es Salaam, where the unit ensured that the demonstrations were conducted peacefully. Violence was avoided in each of these situations, due in large part to the civil disorder management program that gave the officers and their senior commanders the confidence, skills, and equipment needed to control civil disorder in a professional and constructive manner.

Similar successes have been achieved on projects designed to modernize curricula and teaching methodologies in a select number of police colleges and academies in Africa. In August and September 2003, an Instructor and Curriculum Development Course was presented at the Sendafa Police Training College to 60 Ethiopian instructors in preparation for a basic training program using skills-based adult learning methodologies. Adult learning methodologies are being substituted for the traditional academic teaching model presently used in most African nations.

In Mozambique, INL funded a technical advisor at the National Police Sciences Academy (ACIPOL), which trains all new recruits and veteran police. The advisor developed a strategic plan and implementation strategy to optimize ACIPOL's effectiveness. The advisor coordinated his work with Spanish and Portuguese police assigned to ACIPOL to capitalize on the expertise and investment of other donors and prevent duplication of efforts. A long-range training plan for continued USG involvement with ACIPOL was developed. In mid-2003, Police First Responder Courses (FPR) and Basic Criminal Investigation (BCI) courses were given to 340 police cadets and 8 prosecutors. The BCI training included seven days of classroom work with practical exercises and three days of a comprehensive criminal investigation simulation culminating in a mock trial. The participation of Mozambican prosecutors highlighted the need for greater cooperation between police and prosecutors in winning a conviction. Also in November ICITAP instructors presented a Sex Crimes Investigation Course to 33 ACIPOL cadets.

A law enforcement development project for the Criminal Investigation Division (CID) of the Ugandan Police Force (UPF) was implemented in November 2003. ICITAP provided practical training to approximately 550 members of the UPF in instructor and curriculum development; and a forensic overview. The training included a criminal investigation simulation and mock trial. An INL-funded ICITAP advisor assisted the Government of Uganda develop and purchase equipment for a criminal information database that has the potential to link with similar systems in Kenya and Tanzania. The Ugandan government supplemented this project by purchasing additional computer equipment.

In Benin, six iterations of a Police First Responder Course were provided to police and gendarmes. This two-day, 16-hour course, taught basic crime scene management, drug crime investigation, and interview techniques at air ports of entry. Thirteen senior police officials received a criminal investigations development course that focused on dealing with major crimes and public order events and provided a general overview of transnational crime.

INL assistance in forensic lab development has continued with excellent results. Government of Tanzania cooperation has been exceptional, resulting in host government-funded upgrades to existing lab space completed ahead of schedule. In 2003 INL funded a senior forensic technical advisor to the Tanzania Police Force (TPF) to develop a forensic laboratory. The advisor worked with TPF laboratory personnel to institute standard operating procedures, management controls, and training schedules for the laboratory. From February-March 2003 basic and advanced fingerprint training was provided to approximately 60 fingerprint examiners at the TPF laboratory. Five iterations of the Police First Responder course were given to approximately 287 TPF students. Training was also provided on Basic Crime Scene Investigation, and Basic Crime Scene Photography. Equipment, such as loop magnifiers, fingerprint identification cards and filing cabinets were donated and more complex equipment is on order.

Assistance continues as well for the national drug lab in Senegal, where work is underway to expand the facility into a regional lab for use by other Francophone countries in West Africa. An advanced Drug Standards Training course for the 3 technicians at the drug laboratory was conducted in Dakar by a DEA chemist. Portable drug analysis kits were donated to the Senegalese at the conclusion of the course.

Assistance for judicial reform and the fight against corruption has produced notable success for a relatively young program. In 2003, an Intermittent Legal Advisor (ILA) assisted the Government of Mozambique prepare a complete curriculum for an in-service training program targeting provincial prosecutors and judges in the areas of anti-corruption, money laundering and organized crime. ILA-recommended changes to the anti-corruption law designed to strengthen prosecutorial authorities was passed by parliament in October 2003. A case management system for the Anti-Corruption Unit (ACU) within the Attorney General's Office was developed to assist the ACU with case tracking. In June 2003 a team of FBI and Treasury trainers conducted a financial crimes course for prosecutors specializing in these crimes. Attendees included the small group of anti-corruption prosecutors assigned to Maputo and a chief prosecutor.

FY 2005 Program

INL funds will be used to continue sustainable improvements in the capacity of select African law enforcement institutions in the areas of police professionalization and forensic laboratory development. U.S. assistance for border security for Mozambique will also continue. Funding will be targeted towards states in the region with a demonstrated commitment to good governance and democratic policing and with a record of having used prior-year U.S. assistance effectively.

Law Enforcement Development: FY 2005 funding will be used to continue and expand police academy development programs in Tanzania and Uganda. The emphasis will be on "training the trainer," developing in-service training programs, and institutionalizing community policing precepts. Funds will also be used to train Tanzanian police on election security in preparation for upcoming national elections.

Forensic Laboratory Development: Lab development programs initiated in Tanzania, Senegal and Uganda with prior-year funding will continue to receive training, equipment, and resource upgrades for additional specializations in areas such as improving the laboratories' ballistic and drug identification units.

Border Security: FY 2005 funds will be used to continue a comprehensive border security program for Mozambique begun in 2004. Funding will provide for training and equipment pursuant to recommendations received from an assessment completed in 2004.

Africa Regional
INL Budget
($000)

FY 2003 FY 2003
Supp
FY 2004 FY 2004
Supp
FY 2005
Law Enforcement Development 1,682 1,290 450
Forensic Labotary Development 897 - 540 - 830
Border Security 669 - 500 - 200
Judicial Reform/Anti-Corruption 250 - 500 - -
Total 3,498 - 2,830 - 1,480



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