Report
Bureau of International Narcotics and Law Enforcement Affairs

Cambodia

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

---

670

Program Objectives and Performance Indicators

The Royal Government of Cambodia (RGC) will improve its Law Enforcement Capacity.

Some possible performance indicators include: the number of Cambodian law enforcement officials who complete INL-funded training and apply their enhanced knowledge on the job; increased cooperation with neighboring security forces, including joint investigations or training exercises; an increase in the number of criminal cases investigated and filed outside of emergency ordinances; and the law enforcement sector’s incorporation of programs and/or mechanisms received from the law enforcement advisor and/or programmatic trainers.

Program Justification

Although Cambodia has moved beyond its recent history of conflict to a period of relative political stability and peace, the country continues to face many institutional weaknesses that threaten to undermine its progress. Cambodian law enforcement capacity remains low, and the country faces growing narcotics production, trafficking, and consumption problems.

Corruption remains pervasive in Cambodia, making it highly vulnerable to penetration by drug traffickers and foreign crime syndicates. Senior Cambodian government officials assert that they want to combat trafficking and illicit drug production; however, corruption, low salaries for civil servants, and an acute shortage of trained personnel severely limit sustained advances in effective law enforcement. On April 22, 2008, a municipal anti-drug police officer was shot dead and four fellow officers were seriously injured during a raid on an alleged methamphetamine dealer. The drug dealer himself was an Interior Ministry policeman.

Cambodia signed the UN Convention against Corruption in September 2007. The Convention is currently pending ratification by the National Assembly. However, there is no anticorruption law, and only a few provisions of other laws provide criminal penalties for official corruption. The World Bank's Worldwide Governance Indicators reflected that corruption was a severe problem in Cambodia in 2008. Cambodia remains at the bottom of the Corruption Perceptions Index compiled by Transparency International (TI). Public officials are not subject to financial disclosure laws. Meager salaries contributed to "survival corruption" among low-level public servants, while a culture of impunity enabled corruption to continue among senior officials. Public perception that corruption in Cambodia is rampant was widespread.

A recent survey conducted by Transparency International illustrated that the impact of corruption extends to all aspects of daily life. The survey showed that Cambodians view the judiciary and the police as being the most corrupt institutions in the country, with 72 percent of Cambodians stating they paid a bribe to receive a public service in 2007. In 2008, a petition calling for the passage of an anti-corruption law in accordance with international standards, containing the signatures and thumbprints of over 1.1 million voting age Cambodians, was presented to the National Assembly. The draft Law on Anti-Corruption, which was originally drafted in 1993, was raised at the first meeting of the Council of Ministers of the new government in September, but has yet to be presented to the National Assembly for approval.

Cambodia also currently serves as a major transit point for heroin made in Burmese and Laotian drug labs, which often enters overland or via the Mekong River through Cambodia’s poorly controlled northern border. Drug traffickers also exploit weak law enforcement at Cambodian international airports to import and transit cocaine, ecstasy, and heroine. Cambodian narcotics policy and law enforcement agencies lack the resources, training, and coordination to combat this growing threat.

In addition to Cambodia’s significant and growing role as a narcotics trafficking transit country and narcotics producer, it also faces increasing domestic demand and drug abuse problems. In recent years, Cambodian drug use has exploded, both in terms of numbers of users and in terms of types of drugs used. Many of the methamphetamine tablets produced in Cambodia are consumed domestically, heroin is becoming increasingly prevalent in Cambodia’s urban areas, and cocaine and ecstasy are gaining popularity among the wealthy, urban youth and foreign visitors. There are few existing drug treatment programs in the country, and many of the existing programs exhibit serious shortcomings and fail to meet international standards. Demand reduction programs are extremely limited and of variable quality.

FY 2010 Program

The FY 2010 program will allow for a Law Enforcement Advisor who will provide technical assistance and training in country. This advisor will work with Embassy Phnom Penh’s Law Enforcement Working Group, the Political section, the Regional Security Office, the FBI’s resident Legal Attaché, and the Office of Defense Cooperation Chief, as well as INL’s Regional Transnational Crime Affairs Office (TCAS) in the American Embassy, Bangkok to coordinate USG assistance. The Advisor will provide technical assistance and advice to the Government of Cambodia on law enforcement restructuring and reform operations. Fundamental capacity and capability-building for Cambodian law enforcement will be the core of this program, with a specific focus on basic police training. INL may also use FY 2010 funds to support governmental and non-governmental demand reduction efforts by providing training and guidance on demand reduction programs and mechanisms which have been effective elsewhere in the region.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Cambodia

INL Budget

($000)

FY 2008

FY 2008

Supp

FY 2009

FY 2010

Law Enforcement Reform

-

-

-

670

Total

-

-

-

670


China

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

600

850

Program Objectives and Performance Indicators

The Resident Legal Advisor Program (RLA) will further assistance to the criminal justice and law-enforcement sectors and facilitate criminal legal reform in the People’s Republic of China (PRC). The RLA’s primary goal is to promote criminal law reform, to professionalize the criminal justice system, to promote U.S.-PRC law enforcement cooperation, and to enhance law-enforcement efforts to combat a range of domestic and transnational crimes. The RLA also promotes professional responsibility among investigators, prosecutors, and judges and advances respect for rule of law and civil liberties in the context of China’s criminal justice system. Improvements in these areas directly benefit the U.S. government and add protections for American businesses and U.S. citizens in the PRC. The benefits include reductions in transnational drug trafficking and other forms of criminal activities, greater legal protections for American citizens and business entities in China, and protections of U.S. intellectual property rights (IPR) while prosecuting IPR infringements. Performance indicators include: the number of participants reached by the RLA’s outreach activities and enhanced cooperation between U.S. and PRC law enforcement agencies on specific criminal cases facilitated by the RLA.

Program Justification

The bilateral relationship between China and the United States on criminal justice and law enforcement issues continues to develop and grow. There is limited awareness and understanding of the U.S. criminal justice system and the principles underlying it in China. There are increasing opportunities, however, to share information about the U.S. system and to increase cooperation on particular law enforcement cases.

There are a number of areas where USG advice or experience may be relevant to the PRC. In March 2004, the National People’s Congress amended China’s Constitution to guarantee human rights for China’s citizens. The next step is for the government and the Chinese Communist Party to create the legal mechanisms necessary to implement this and other constitutional guarantees. The Chinese government continues to detain and imprison its citizens for peacefully exercising their rights of freedom of expression, association and belief. Coerced confessions, lack of access to defense counsel, intimidation of defense counsel, and pervasive presumption of guilt by law enforcement officials continue to pervade the criminal justice system.

The Department of State and Department of Justice and their respective PRC counterparts initiated a U.S.-China Joint Liaison Group (JLG) for Cooperation on Law Enforcement in 1998 and held the most recent plenary in Washington, D.C. in October 2008. The JLG plenary meets annually and the associated working groups meet throughout the year, as needed, to discuss rule of law issues of mutual interest. The JLG has been a valuable forum for exchanging information and building working relationships across U.S. and PRC law enforcement agencies. The Resident Legal Advisor in Beijing has played a key role in facilitating the JLG working group and plenary discussions.

Program Accomplishments

In 2001, when the Chinese government expressed an interest in hosting a Resident Legal Adviser (RLA) in China, the Department of State provided reprogrammed INCLE funds to establish that position. Since the position’s inception, the RLA has become a regularly sought out and highly valued resource for the U.S. Embassy, for U.S. Government visitors to China, and for Chinese jurists seeking to deepen their knowledge of American jurisprudence.

The RLA lectures and meets with law school students and professors, law enforcement officials, prosecutors, judges, and other government officials, and has visited a dozen provinces in China. The RLA has also been instrumental in facilitating cooperation between the U.S. and China on specific cases. The current RLA recently assisted with a joint investigation into a major fraud case involving Bank of China officials who laundered money through Las Vegas casinos. After years of investigation and some tense moments that required the RLA’s hands-on assistance, the joint investigation resulted in the conviction of two Chinese nationals in a Nevada court in 2008.

These developments and others demonstrate the continued receptivity of the Chinese to the work of criminal justice reform. It is important to note, however, that the PRC accepts foreign assistance only on its own terms; e.g., the RLA has been frustrated in attempts to observe criminal trials by officials who change their minds and close the proceedings without notice. Hence, the change in China to a system that respects due process and human rights is likely to occur incrementally. A number of RLA activities, such as facilitating contacts between the United States and China, and acquainting Chinese officials with U.S. justice sector values and practices, are designed to serve preliminary goals of fostering more openness and dispelling distrust between the two countries, while simultaneously serving secondary goals of inculcating fairer criminal justice procedures in China. Additionally, the RLA serves as one of the Embassy’s most important public diplomacy tools as the RLA has frequent consultations with local law enforcement and speaks frequently with up-and-coming Chinese lawyers and law students.

FY 2010 Program

The FY 2010 program consists of three major components.

Information Sharing on Best Practices in Criminal Cases

The RLA will establish regular roundtable events on issues of prosecutorial decision-making and procedure. These events aim to develop relevant information about the Supreme People’s Procuratorate and ways of successfully engaging with them. They will also identify Chinese prosecutors who are interested and willing to partake in discussions of prosecutorial procedure with U.S. prosecutors and create opportunities for such discussions. These roundtables will increase U.S. knowledge of the Chinese criminal justice system by observing criminal trials and proceedings. They will also identify scholars and reformers in China who are studying criminal trial procedural reforms and create opportunities to provide them with information about U.S. law and procedures. The RLA will encourage and promote reform of the Chinese criminal trial system to include protections for defendants that are consistent with internationally accepted standards of fairness, such as the right to effective counsel, to silence, and to confront evidence against him.

Cooperation on Law Enforcement Issues of Mutual Interest: Counter-Terrorist Financing, Money Laundering, and Computer Crime

The RLA will seek opportunities to create and facilitate exchanges between U.S. law enforcement officials, including Department of Justice officials and their Chinese counterparts, on issues of mutual interest, such as counter-terrorist financing, money laundering, and computer crime. The Advisor will also develop relevant knowledge of the Chinese law enforcement structure and its methods of combating corruption, money laundering, computer crime, and terrorist financing. The RLA will identify law enforcement agencies and officers in China whose goals are compatible to those of U.S. law enforcement and create opportunities for exchanges, cooperation, coordination, and familiarization.

Prevention, Detection, and Interdiction of violations of Intellectual Property Rights

The RLA will assess the Chinese legal framework, commitment and response to violations of intellectual property rights while creating opportunities to discuss intellectual property rights issues with Chinese government counterparts. Finally, the RLA will identify law enforcement agencies and officers in China whose goals are compatible to those of U.S. law enforcement and create opportunities for exchanges, cooperation, coordination, and familiarization.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

China

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Resident Legal Advisor

-

-

600

850

Total

-

-

600

850


Indonesia

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

6,150

6,150

11,570

Program Objectives and Performance Indicators

The Indonesian National Police (INP) will continue its transformation into a skilled, professional, civilian-led police force predicated on respect for the rule of law, human rights, and professionalism.

Performance indicators will include the development and integration of institutional law enforcement management practices and policies that will equip the INP to develop standard organizational and operational procedures to better govern the organization and respond to the public’s needs. Progress will be indicated by the development, implementation, and integration of contemporary police investigative methods, policies, and standards of operation for all investigative directorates of the Criminal Investigations Division (CID).

The Maritime Security Project will enhance the ability of the Marine Police to patrol and secure ports, harbors, and waterways.

Performance indicators will include the implementation of curriculum, standard operating procedures, and interagency operability and cooperation for sustainable maritime interdiction and security. Progress will be indicated by increased interdictions of transnational criminal activities and smuggling syndicates.

The INP will continue to enhance interagency and transnational cooperation to protect Indonesia from the threats presented by transnational criminal activities, such as narcotics and terrorism.

Performance indicators will include the deployment of officers to border areas who are trained and skilled in border management and patrol; and the interagency operability with Immigrations and Customs.

The INP will continue to develop and accredit its regional forensic laboratories to expand their capacity to transition to evidence-based investigations.

Performance indicators will include upgrades to and accreditation of two (2) additional regional forensic laboratories.

The INP will continue to develop and institutionalize modern law enforcement training management and curriculum for all levels of training institutions throughout the archipelago.

Performance indicators will include the integration and institutionalization of learning domains, performance objectives, and standardized lesson plans.

Indonesia will continue to improve its legal framework to counter corruption, organized crime, and terrorism; develop the competencies of investigators, prosecutors, and judges to handle complex criminal cases; and establish a culture of institutional integrity within the law enforcement and criminal justice sectors.

Performance indicators will include the prosecution of significant cases by the Terrorism and Transnational Crime Task Force and the Anti-Corruption Task Force within the Attorney General’s Office (AGO); the enactment of witness protection procedures; the submission of an effective asset forfeiture law to parliament to strengthen Indonesia’s anti-money laundering regime; the enactment by parliament of the new criminal procedure code to move Indonesia to a more evidence-based system; and the implementation of peer training, distance learning, mentoring, and internships at the AGO Training Center.

Indonesia’s drug intelligence analysis and interdiction capacities will be strengthened.

Performance indicators will include an increase in the number of drug and contraband cases presented for prosecution by the INP Drug Enforcement Unit and the National Narcotics Board; the development of advanced investigative skills to interdict narcotics shipments; the dismantlement of clandestine drug labs; and the disruption of narcotics trafficking networks.

Program Justification

As the world’s fourth most populated, third largest democracy, and largest Muslim-majority nation with growing regional and global influence, Indonesia is a key strategic partner for the United States. Since the start of INL assistance in 2000, when the Indonesian National Police (INP) formally separated from the Indonesian Armed Forces, the Government of Indonesia has embraced institutional reform of its law enforcement organizations and its criminal justice system. Indonesia has made remarkable progress in the past decade, but the vast archipelago that stretches across 17,000 islands still faces significant transnational criminal activity, including terrorism, corruption, and illegal smuggling of goods, wildlife, narcotics, and people. International narcotics trafficking is a serious and growing problem in Indonesia and the domestic availability and use of illicit narcotics are escalating. Criminals are destroying Indonesia’s natural resource inheritance with more devastating effects than ever before. Massive illegal logging, forest burning, fishing, and wildlife smuggling, facilitated by public corruption, rob the Indonesian people of their natural resources, raise worldwide greenhouse gases, and support other criminal enterprises. In addition, Indonesia is home to the terrorist group Jamaah Islamiyah, and has been the target of several deadly terrorist attacks over the past decade. The abilities of the INP must be enhanced through professional training, as well as provision of equipment and technical assistance, to effectively police criminal activity throughout Indonesia and bring criminals to justice.

The creation of an effective, well-trained police force based on democratic principles, community-based strategies, and respect for rule of law and individual rights must be complemented by prosecutorial and judicial reform. When cases are developed, prosecutors must be skilled in using evidence to try cases successfully, defense attorneys must know how to protect the rights of the accused, and judges must be personally above reproach and ensure a fair trial. Corruption must be rooted out at all levels of the system. If the judicial system is not reformed, police soon become demoralized and the public loses confidence in the system. To ensure that Indonesia’s transition to democracy is meaningful and takes root within its institutions, the democratization and professional development of all levels and units of INP as well as the prosecutorial and judicial sectors must be realized. The Police Assistance Program, Criminal Justice Sector Reform Program, and the Counternarcotics Assistance Program are designed to achieve those goals and objectives.

Program Accomplishments

Law Enforcement Support

The division of the police and military into two separate institutions and INP’s transition to a civilian-controlled, democratic police force is a work in progress; yet, since the implementation of the Police Assistance Program in mid-2000, significant successes have been realized. INP reform and training have enhanced police investigative skills and police counternarcotics training and technical assistance have resulted in seizures of illicit narcotics and the closing of synthetic-drug production labs within Indonesia.

Marine Police and Maritime Security: In 2009, the Department of Justice’s International Criminal Investigative Training Assistance Program (ICITAP) convened a working group that included representatives from the INP Marine Police, the Department of Sea Transportation, the Port Authority, the Ministry of Fisheries, and Customs and Immigration to plan and develop interagency operational cooperation on maritime police and port management issues. The interagency working group will evaluate roles and responsibilities, joint operations, and information sharing to respond more effectively to maritime security issues. The pilot areas will be in Tarakan, Kalimantan, Bitung/Manado North Sulawesi, and Batam-Riau Sumatra at the east end of the Malacca Strait.

The INL-funded ICITAP program developed and implemented the Marine Police basic training and in-service curriculum, and trained and equipped a Marine Police dive team that currently responds to search and rescue operations and underwater forensic needs. Additionally, ICITAP established the Marine Police Resource Center for training development. Five classrooms at the Resource Center were refurbished and outfitted, which significantly improved the teaching and learning environment for staff and students. ICITAP also delivered Basic Criminal Investigations training to 107 Marine Police officers that has resulted in an increase of over 300 percent in case loads in 2007 and 2008.

Following the donation of 15 high speed patrol boats to the INP, the Marine Police Special Boat Units (SBUs) became operational in January 2008. ICITAP provided specialized training to all of the crew members and a master crew instructor cadre in boarding techniques, search and seizure, navigation, boat maintenance, and patrol operations. These boats have increased Marine Police seizures by over 300 percent and, within the first year of operations, the SBUs have seized over $10 million in smuggled cargo, illegal laborers, fuel and illegal logging and fishing caches, and have also thwarted a piracy attempt. Arrests include one case of illegally harvested fish totaling 9 tons and another case of $2 million worth of illegally harvested mangrove timber. Donation of these boats has given INP the capacity to conduct extensive patrol operations in areas prone to illegal smuggling in five strategic locations.

As a result of the SBUs’ successes, the INP has seen greater cooperation within the Indonesian government and with its international partners. Recently, after identifying new smuggling routes into Batam, the Batam SBU intercepted and seized a quarter million dollars’ worth of smuggled electronics from Malaysia. As a result of the seizure, two Batam SBU officers have been deployed to nearby islands to participate in a multi-agency anti-smuggling task force. In addition, INP SBUs are experiencing unprecedented regional cooperation, with the Singapore Coast Guard now engaging the Batam Marine Police in joint operations.

Standard Emergency Management System (SEMS): INL funds enabled the Management Development project to develop the INP Standard Emergency Management System (SEMS) for disaster and crisis management. The SEMS Project has become the national model for Indonesia and has been utilized by the INP to monitor elections, respond to ferry and airplane accidents, and manage security for VIP visits and international conferences. Other sectors of government are now adopting and integrating this INP SEMS model for security and emergency crisis management, as well as planning for natural disasters and pandemic crises, including Avian Influenza.

Code of Ethics and Discipline: INL funds assisted in the development of internal ethics, discipline, and corruption investigations that have transformed the INP Internal Affairs’ investigations process. ICITAP assisted in the revision of the INP Code of Ethics and Discipline and internal investigation protocols between INP internal affairs (PROPAM) and the Criminal Investigations Division (CID). In 2006, the INP conducted 4,700 internal investigations of which 73 percent of the cases were sustained against the officers. In contrast, in 2007, the INP managed 19,459 internal affairs cases in which 83 percent of the allegations were sustained resulting in the discipline, termination, or incarceration of the offending officers.

Use of Force Policy: The INL-funded program provided resources for the development, design, and successful implementation of a Use of Force Policy that meets all international standards. The INP Use of Force Policy was signed into law by the Ministry of Law and Human Rights in January 2009 – a significant achievement for the ICITAP program and a major step forward for the INP. The policy includes a Resistance Control Form that is required to be completed whenever a citizen is injured by a police action, a first in all of Asia. ICITAP will be working with the INP to train all 350,000 police personnel in the newly established policy.

Forensics Development: Funded by INL, the first forensic INP DNA laboratory in Surabaya became operational in August 2008 and immediately began processing evidence on a serial murder case that assisted in identifying a previously unknown victim. The regional lab in Makassar, South Sulawesi, is currently going through renovations and upgrades, with Medan lab upgrades to begin soon. All INP forensic labs and personnel are currently undergoing international accreditation, with Indonesia being one of the few countries in the Asia region to undertake this process.

Cyber Crime: Specialized training and equipment donation funded by INL facilitated the development of Cyber Crime Investigative Units (CCIUs) in Jakarta, Surabaya, and Medan. The units are now operational and are supporting regional requests for computer forensic analysis from other criminal investigatory units, including law enforcement units concentrating on bank fraud, anti-money laundering, and anti-terrorism units. The CCIUs have been credited with developing critical evidence in recent high-profile counter-terrorism, gambling, and on-line transnational fraud cases. INL has also provided funding for the development of the cyber crime forensic laboratory, the Cyber Crime Training Center at Megamandung (CID School), and the Child Exploitation Tracking System.

Master Instructor Development: Over 249 INP instructors have successfully completed the Master Instructor Development Course (MIDC) and have been observed successfully using their new training techniques. However, this encouraging statistic must be tempered by the fact that many instructors within the INP currently do not have the requisite background in investigations and other specialty areas to replicate qualitative USG provided training and curriculum.

Criminal Justice Sector Reform Program

Several noteworthy accomplishments have been achieved in the prosecutorial and judicial sectors, including:

AGO Terrorism and Transnational Crimes Task Force (SATGAS): Since 2006, INL funds have supported a Resident Legal Advisor in Indonesia who has assisted the Attorney General’s Office (AGO) develop a Terrorism and Transnational Crimes Task Force (SATGAS) and provided the necessary equipment, training, and case support to establish the task force as an elite unit for prosecuting transnational crimes in Indonesia. The program has led to quantifiable results; SATGAS has successfully prosecuted 64 Indonesian terrorists, including 46 Jamaah Islamiyah members, as well as approximately 70 human trafficking and money laundering cases in less than three years of operation.

AGO Anti-Corruption Task Force: In 2008, the INL-supported Resident Legal Advisor assisted the AGO to establish its Anti-Corruption Task Force to investigate and prosecute high-level corruption cases. The program has already achieved results, with over two dozen arrests of high ranking government officials in various government institutions. The concept is expanding nationwide with local-level task forces being established in each of the 31 Indonesian High Prosecution offices, thereby committing over 1,000 prosecutors to the fight against corruption.

AGO Training Center (PUSDIKLAT): INL has supported the reform of the AGO Training Center that trains 450 new Indonesian prosecutors each year. The Resident Legal Advisor has co-taught trial advocacy training programs to showcase interactive teaching methods and has organized teaching workshops with instructors to promote adoption of systematic lesson plans and curriculum development. Program improvements include the AGO implementing distant learning approaches; a curriculum shift from a largely theoretical approach to one based on case studies and other practical exercises; using current prosecutors as teachers rather than retired instructors; and establishing a mentoring program at the training center to provide greater guidance for new prosecutors.

FY 2010 Program

Law Enforcement Support

The FY 2010 Police Assistance Program for Indonesia will have five central components: 1) capacity building to support the INP and other agencies responsible for maritime, port, and border security; 2) technical assistance, limited equipment donation, and training to assist the INP in actualizing the Criminal Investigative Division (CID) development initiatives and sustainable capacity to address transnational and environmental crimes and terrorism concerns; 3) leadership and management capacity and development of the senior and mid-level officers of the INP to better govern their organization and respond to the needs of the people of Indonesia; 4) national training and curriculum reform, standardization, and integration that will develop highly skilled entry-level officers at all positions; and 5) continued expansion and development of the INP regional forensics labs. These are ongoing programs designed to create effective, democratic, civilian-led and skilled law enforcement institutions in Indonesia. Increased funding for the law enforcement support program in FY 2010 will institutionalize the program’s core competencies and integrate and sustain initiatives that promote inter-agency cooperation, human rights and the rule of law.

Criminal Justice Sector Reform Program

Funds will be provided to support two Resident Legal Advisors who will work to achieve the following objectives: 1) support the passage of the new criminal procedure code to move the Indonesian criminal justice system to a more adversarial, transparent and evidence-based system that promotes professional investigations involving real police/prosecutor cooperation and undercover investigative techniques, and uses adversarial and evidentiary trial principles that establish the neutrality of the judiciary and the equality of the parties; 2) advocate for prosecuting all new Jamaah Islamiyah terrorists, human traffickers, and other transnational criminals through continued support to the AGO Terrorism and Transnational Crime Task Force; 3) advocate for prosecuting high-level corruption cases and repatriate stolen government assets through the AGO Anti-Corruption Task Force; 4) implement the new curriculum at the AGO Prosecutor Training Center with a focus on internships, distance learning, mentoring, peer trainers, and professional skills development, particularly in the area of trial advocacy; 5) share substantive knowledge on counter terrorism, corruption, money laundering, environmental crimes, cyber crime, intellectual property rights, witness protection, human trafficking, and mutual legal assistance with AGO prosecutors; 6) provide technical assistance to the asset forfeiture drafting team; and 7) assist the AGO in its overall implementation of its Bureaucratic Reform initiative.

Counternarcotics Assistance Program

Funds will be used to provide counternarcotics and forensics training and technical assistance on topics that may include, but are not limited to, intelligence analysis, interdiction skills training, a Tactical Instructor Program that will train police instructors to teach the principles of tactical operations, and leadership training. The INL program may also facilitate limited equipment donation, such as computers and software or forensics equipment, for counternarcotics units.

Program Development and Support (PD&S)

PD&S funds will cover TDY assistance, and other general administrative and operating expenses for program planning, design, implementation, monitoring, and evaluation. PD&S funds may also be used for Washington based personnel to monitor and implement the program

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Indonesia

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Law Enforcement Support

3,350

-

4,180

8,595

Criminal Justice Sector Reform Program

1,500

-

1,500

2,500

Counternarcotics Assistance Program

450

-

450

450

Program Development & Support

U.S. Personnel

300

-

-

-

Non-U.S. Personnel

30

-

-

-

ICASS Costs

110

-

-

-

Program Support

410

-

20

25

SubTotal

850

-

20

25

Total

6,150

-

6,150

11,570

Laos

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

1,567

1,000

1,500

Program Objectives and Performance Indicators

Laos ceases to be a major producer of opium.

Indicators include: the implementation of alternative livelihood and crop control projects to provide former opium growers throughout northern Laos with the ability to replace income they lost when poppy cultivation ceased; as well as the number of hectares of cultivated opium. We aim to sustain assistance until cultivation is reduced below 1,000 hectares, reductions become permanent and sustainable alternative incomes are in place and related staple food supplies provided.

Raise Laos’ capacity to provide a more effective deterrent to drug transit.

Indicators include: the provision of training to law enforcement officials, including but not limited to, the Vientiane Capital Counternarcotics unit, selected provincial counternarcotics units, and Customs Department offices.

Increase Laos’ capacity to treat addicts and reduce the demand for amphetamine-type stimulants and other drugs.

Indicators include: the development and implementation of public education and media campaigns that discourage the abuse of methamphetamine, opium, heroin, and other synthetic drugs, especially among urban youth; and the provision of training and technical assistance to drug treatment centers.

Program Justification

Laos, until recently the world’s third largest producer of opium, has reduced cultivation to the extent that it is no longer a major regional producer of opium, although hundreds of pounds of opium from Laos are interdicted in the U.S. each year. The gains in reduced opium poppy cultivation remain tenuous, however, as the majority of former opium growers have yet to receive assistance that would allow them to establish alternative livelihoods. In addition, after years of steady declines in opium addiction, the number of addicts has doubled, and with a steady decline in supply, domestic and regional demand is driving opium prices upward. This is a powerful incentive to former growers to renew production. Sufficient alternative development assistance is required for the next three to five years to counter the urge to replant and sustain Laos’ progress to date. When opium poppy cultivation in Laos is estimated by the USG as less than 1,000 hectares, the country will be removed from the President’s list of major illicit drug source countries.

Alternative livelihood programs in Laos are reorienting their focus on sustainable income substitution and have been restructured to expand their reach into the increasingly remote and dispersed locations where opium is still cultivated. Limited eradication is employed in cases where alternative development alone has not been sufficient. Opium demand reduction programs are also being modified to assist the growing number of addicts for whom effective detox and rehabilitation methods are being developed.

Laos is a transit route for Burmese drugs going to China, Vietnam, Thailand, Cambodia, and other nations in the region, and is also a conduit for chemical precursors. Laos is increasingly coming under siege by international drug traffickers who can easily exploit the countries’ vulnerabilities. Cocaine shipments from Latin America are now frequently shipped to Laos via the United States, often transiting Thailand, for onward trafficking in the region. West African drug gangs operate openly in Laos, unimpeded by under-trained and ill-equipped counternarcotics police units. A consequence of the growth in trafficking in Laos has been a related explosion of domestic methamphetamine abuse and some limited injected heroin use in the provinces. This epidemic of addiction has made Laos even more vulnerable to traffickers and has undermined social development. More training and enhanced international support can provide Lao law enforcement agencies with the required skills to deter, disrupt, and detect major trafficking organizations and help develop demand reduction programs.

Program Accomplishments

Opium crop control in Laos has been an unqualified success, producing a 97.4 percent decline in poppy cultivation from program inception in 1989 and a parallel reduction in opium gum production. More than 41,000 hectares have been taken out of cultivation, for an investment of just over $35 million. Only the failure to follow these programs through to completion could threaten this success. INL assistance will continue to focus on sustainable alternative livelihood assistance in 2009.

In 2009, INL law enforcement projects will also provide capacity-building training, limited operational support, and specialized police equipment appropriate to law enforcement officials. INL demand reduction projects will support addiction treatment and drug education campaigns to help bring methamphetamine abuse under control.

FY 2010 Program

Narcotics Law Enforcement Assistance

FY 2010 funds will continue to provide technical assistance on organizational support, equipment, and training to police in Vientiane, strategic provincial counternarcotics units and Customs Department offices in critical locations. The main focus will be where the flow of methamphetamine and heroin enter into Laos and can be most easily interdicted. The primary goals of these programs are to interdict international drug trafficking gangs, and disrupt the use of Lao territory for regional drug smuggling (e.g. methamphetamines, chemical precursors, heroin) and opium shipments to the United States. The border areas with Burma, China, Vietnam and Thailand will be the strategic areas of our law enforcement assistance efforts.

Alternative Development/Crop Control

FY 2010 funds will provide alternative livelihood assistance for 100-200 villages in opium regions of northern Laos which formerly grew opium and have not yet received prior or sufficient assistance. Past funding has not provided sufficient funding to sustain alternative development programs or reach remote areas, which continue to expand poppy production. Additional funding will deliver assistance to provide sufficient assistance to former opium growing farmers so they do not resume poppy cultivation

Drug Awareness/Demand Reduction

FY 2010 funds will continue to support programs that will implement a modern media campaign and innovative materials to increase drug awareness and deter youth from abusing drugs. In addition there will be an expansion of school based drug education programs in Vientiane and in strategic provinces. Assistance may be used for continued training for Lao drug treatment center staff, increased and improved occupational therapy programs, development of urban drop-in centers for youth at risk of addiction to methamphetamines, and implementation of an improved rehabilitation treatment program for relapsed opium addicts.

Program Development and Support (PD&S)

PD&S funds will cover the salaries, benefits, allowances, and training of U.S. and locally engaged direct-hire and contract personnel. This will include travel, administrative, operational, maintenance, and equipment costs for program planning, design, implementation, monitoring, and evaluation. Some funds will also be used to re-establish a small northern regional work station to increase INL’s field presence and establish a faster response to issues in that region.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Laos

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Narcotics Law Enforcement

300

-

300

200

Crop Control/Alternative Development

500

-

100

600

Drug Awareness/Demand Reduction

100

-

100

150

Program Development & Support

U.S. Personnel

375

-

255

200

Non-U.S. Personnel

38

-

50

150

ICASS Costs

162

-

160

150

Program Support

92

-

35

50

SubTotal

667

-

500

550

Total

1,567

-

1,000

1,500


Malaysia

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

---

140

Program Objectives and Performance Indicators

The Government of Malaysia (GOM) will enhance the effectiveness of its civilian-led police force:

Some possible performance indicators include: the number of Malaysian law enforcement officials who complete INL-funded training and apply their enhanced knowledge on the job; increased cooperation with neighboring security forces, including joint investigations or training exercises; and an increase in the number of criminal cases investigated and filed outside of emergency ordinances.

Program Justification

Sitting astride the world’s busiest maritime trade routes and in close proximity to the opium fields and methamphetamine production areas of the Golden Triangle, Malaysia is a key strategic partner in Southeast Asia. Malaysia’s porous maritime and land borders create significant security challenges, including cross-border trafficking of arms, people, and narcotics, as well as terrorism threats. Though the GOM has established and promoted a “drug-free by 2015” policy as a member of ASEAN, domestic drug abuse is on the rise and Malaysia is increasingly being used a regional hub for methamphetamine production. Malaysian Police rely heavily on the Internal Security Act (ISA) and the Special Preventive Measures Act (SPMA), which allow for detention without trial, and rarely investigate complex conspiracy cases. Enhancing the capacity of Malaysia’s law enforcement and criminal justice systems is central to strengthening security and infusing human rights norms into Malaysia’s transitioning democracy.

Program Accomplishments

Past and current U.S. government assistance has included training and technical assistance on transnational crime, maritime security, and counter narcotics from various USG law enforcement and security agencies. FY 2010 will be the first year of a more robust INL program.

FY 2010 Program

Law Enforcement Assistance

Funds may be used for training, technical assistance, and limited equipment donation in areas including, but not limited to, improving the capacity of law enforcement institutions to combat illicit activities, such as illegal migration and trafficking in persons, narcotics and other contraband; developing maritime security capabilities; building police skills to investigate conspiracy criminal cases; and enhancing police-prosecutor cooperation. INL assistance will encourage Malaysia to cooperate and share information with other countries in the region, such as Indonesia and the Philippines, to complement INL programs in those nations and enhance the overall security of the region.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Malaysia

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Law Enforcement Reform

-

-

-

140

Total

-

-

-

140


Mongolia

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

---

100

Program Objectives and Performance Indicators

The Government of Mongolia (GOM) will enhance the effectiveness of its civilian-led police force:

Some possible performance indicators include: The number of Mongolian law enforcement officials who complete INL-funded training and apply their enhanced knowledge on the job; and the number of Mongolian law enforcement officials who participate in a regional development program, such as training at the International Law Enforcement Academy (ILEA) in Budapest or Bangkok.

Program Justification

Mongolia’s long unprotected borders with Russia and China are vulnerable to all types of illegal trade, including drug trafficking. Most smuggled drugs come from China. Border controls are very weak, and this is a GOM priority. U.S.-sponsored projects to promote cooperation among security forces and training are helping, but GOM security and border forces lack both the resources and technical ability to combat smuggling; likewise, police and prosecutors lack the capacity to investigate and prosecute transnational crime. Widespread corruption within the law enforcement agencies, the procuracy, the judiciary, and other offices of the government further hinder GOM efforts. The weakness of the legal system and of financial structures leaves Mongolia vulnerable to exploitation by drug traffickers and international criminal organizations, particularly those operating in China and Russia.

U.S. law enforcement assistance will focus on fostering the development of an impartial, efficient, and transparent law enforcement system through targeted and strategic training and support. The U.S. will also seek opportunities to leverage regional resources, such as INL’s International Law Enforcement Academies, to increase the knowledge and professionalism of Mongolian law enforcement organizations.

Program Accomplishments

U.S. government assistance in the past has been largely limited to International Visitor programs on transnational crime and counternarcotics and to limited training by U.S. law enforcement agencies. FY 2010 will be the first year of a more robust program.

FY 2010 Program

Funds will be used to enhance civilian law enforcement capacity in Mongolia. INL assistance may include, but is not limited to, training and technical assistance to mid-level and senior law enforcement managers on sound management practices, strategic planning, and promoting modern, civilian law enforcement practices through training of trainers, strategic planning, and combating corruption. Other possible areas of assistance may include training, technical assistance and limited equipment in the areas of criminal investigative skills, forensics, border control, and counternarcotics.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Mongolia

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Law Enforcement Development

-

-

-

100

Total

-

-

-

100


Philippines

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

794

800

1,365

Program Objectives and Performance Indicators

The Government of the Republic of the Philippines (GRP) will develop an effective civilian-led police force.

Indicators include: the establishment of Model Police Stations in each of the Philippines’ seventeen provinces and the implementation of advanced training at existing Model Police Stations; enhanced maritime police capacity; the development of additional “train-the-trainer” programs to create lasting Philippine National Police PNP capacity; and increased professionalism of the PNP and understanding of law enforcement in a democratic system that respects human rights and rejects act of impunity.

The Philippine criminal justice system will be strengthened.

Possible indicators include: an increase in the number of criminal cases prosecuted as a result of improved police-prosecutorial working relationships; the introduction of better case management techniques to improve court efficiency; and a demonstration of increased skills of prosecutors and judges in handling complex criminal cases.

Program Justification

As a strategic ally straddling important air and sea lanes in the East Asia Pacific region, the Philippines has been a beneficiary of substantial U.S. assistance for decades. The long historical relationship between the U.S. and the Philippines has resulted in a legal system that has much in common with the American system, making U.S. experience and advice highly relevant. The goals of INL’s current and proposed programs in the Philippines are to assist the Government of the Republic of the Philippines to develop an effective, civilian-led police force and to strengthen the criminal justice system.

Philippine law enforcement suffers from a lack of resources and professionalism, low capacity and ineffectiveness, corruption, and widespread behavior inconsistent with the rule of law. The result is a criminal justice system with minimal legitimacy that paves the way for the excesses of local political strongmen, former separatists turned bandits, traditional warlords, and militias. Despite these challenges, the PNP are committed to reform, and INL assistance has been instrumental in supporting the PNP’s ten-year plan for enhancing the professionalism of the police force.

The administration of criminal justice in the Philippines is crippled by weak investigative work, ineffective prosecutions, extended pretrial detentions, and delays in case processing. These challenges undermine public confidence in the criminal justice system and impede the government’s progress in addressing key issues such as terrorism, trafficking in persons, extrajudicial killings, intellectual property rights, and child labor. The fundamental institutions are strong, however, and could benefit greatly from USG training and technical assistance.

Program Accomplishments

Since 2007, INL has funded the Department of Justice’s International Criminal Investigative Training Assistance Program (ICITAP) to administer a law enforcement development program in the Philippines that has made exceptional gains in supporting the PNP to implement its ten-year Integrated Transformation Plan. When the initial phase of the Model Police Station was completed in January 2008, President Arroyo personally thanked the INL-funded Senior Law Enforcement Advisor for his efforts to support the PNP’s organizational goals.

Under the Model Police Station project, more than 5,000 PNP personnel graduated from one hundred sixty-nine training courses in 15 critical areas of police skills. The police received more than $100,000 worth of crime scene investigation equipment, computer equipment, and classroom equipment as part of the INL program. Model Police Station personnel applied their newly learned skills by developing new local projects and policies that included community policing initiatives, crime scene processing procedures, and station-level in-service training.

Numerous success stories have grown out of these engagements with the Model Police Stations. Crime scene investigators trained under this program in Zamboanga were responsible for the proper identification, collection, and preservation of biological evidence that established the identity of two terror suspects previously listed on the FBI’s Top Ten Terrorists list. Another important component of the program is the development of a cadre of more than 40 PNP instructors who can sustain the program long past the end of USG assistance. These trained instructors have carried out unassisted training for at least 200 other PNP officers and reservists, and community policing programs are now flourishing in locations where such police-community engagement did not previously exist.

INL assistance has also helped to develop the capacity of the PNP’s maritime group. Through specialized training and the donation of four high-speed, highly maneuverable boats, the PNP maritime group will create a Special Boat Unit capable of interdicting criminals smuggling illegal narcotics or arms, trafficking in persons, or exploiting the Philippines’ natural resources.

As of April 2009, INL-funded ICITAP activities have yielded over 6,000 graduates. Students have included members of the PNP Criminal Investigation Unit, Forensics Unit, Crime Laboratory Unit, Women and Children’s Concerns Division, PNP Training Service, Maritime Group, Airport Security Group, Public Safety College Staff, and Regional Academy Staff of the PNP.

The rule of law component of the INL program will get underway in 2009. The planned program will address case management issues, assist with a training curriculum for Philippine Department of Justice prosecutors, and promote the adoption of new procedures or legislation to streamline the operation of the courts. Joint training programs for police and prosecutors will also emphasize increased cooperation and communication between investigators and prosecutors.

FY 2010 Program

The two major components to the FY 2010 program are Law Enforcement Support and Administration of Justice. Funds will be used to continue to develop long-term and sustainable civilian law enforcement capacity, improve police-prosecutorial cooperation, and support GRP efforts to strengthen respect for the rule of law.

Law Enforcement Support

FY 2010 funds, in combination with other funding sources, will be used to expand the existing Model Police Station project template to additional locations and provide advanced training to the existing Model Police Stations. Technical advisors will be utilized, as will trained PNP instructors who have benefited from the INL-funded instructor development training and mentorship program.

The training and development package that was previously conducted at the Model Police Station sites and is slated to be extended to additional sites includes:

Tier One Initiatives
Instructor Development
Community Policing
Basic Crime Scene Investigation
Police Ethics
Human Rights & Dignity
First Line Supervision
Civil Disturbance Management

Tier Two Initiatives
Criminal Investigations
Crimes Against Women & Children
Trafficking in Persons
Internal Investigations
Counter Terrorism for Patrol Officers
Media Relations
Mid-Level Management
Interviews & Interrogations

The advanced training and development package envisioned for delivery at the existing Model Police Stations includes topics such as:

Tier Three Initiatives
Advanced Counter-Terrorism Operations for Patrol Officers
Drug Investigations and Prosecutions
Crime Scene Photography
Technical Writing and Case Preparation
Protection of Children Involved in Armed Conflict
Community Policing for Peace Building
Human Rights Desk Officer Training
Field Training Officer
Restorative Justice
Management and Leadership

FY 2010 funding may also be used to provide additional training and equipment to the PNP Maritime Group to enhance maritime interdiction capabilities. INL assistance will emphasize the need to investigate and prosecute extrajudicial killings in the Philippines, protect the rights of women and children, as well as the importance of developing strong community-police relations, particularly in conflict affected areas.

Administration of Justice

FY 2010 funding will be used to increase the effectiveness of the criminal justice system. The program may include, but is not limited to, training and technical assistance designed to improve police-prosecutor cooperation to better manage crime scenes, preserve evidence and bring criminals to justice; the introduction of better case management techniques to improve court efficiency; anti-corruption task-force development; and the development of curriculum and advanced training for prosecutors and judges. Together with the law enforcement development component of the INL program, the criminal justice sector program will highlight the need to bring the perpetrators of extrajudicial killings to justice.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Philippines

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Law Enforcement Support

600

-

800

715

Administration of Justice

194

-

-

650

Total

794

-

800

1,365


Thailand

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

1,686

1,400

1,740

Program Objectives and Performance Indicators

Enhance regional law enforcement capacity and cooperation through comprehensive skill-building training for police and other law enforcement personnel. Bolster cooperation between law enforcement and prosecutors. Produce more effective coordination among countries in the region on efforts to prevent transnational crime, including drug trafficking, IPR violations, money laundering, terrorism, trafficking in persons, and other crimes.

Indicators include: improvements in the organizational management of the police; the adoption of a revised supervisory system within the police; and improvements within the forensic systems of the police.

Promote the integrity of and improve the effectiveness, fairness, accountability and transparency of the Thai judicial system through training, seminars and conferences with internationally renowned jurists and scholars. Build cooperation between prosecutors and law enforcement.

Indicators include: an increase in the timely and committed investigations of priority crimes; an increase in investigations and prosecutions of public corruption cases; an increase in professional ethics trainings, and the development of solutions for judicial misconduct.

Program Justification

Thailand is victim to a variety of transnational crimes conducted by criminal organizations, including trafficking in narcotics, weapons and persons. The country has achieved significant success in its comprehensive, long-term strategies against illegal drug abuse, trafficking, and production; however, its criminal laws, criminal justice institutions, and regulatory and investigative capabilities require improvement in order to respond more effectively to transnational and organized crime in the 21st century. The corrosive effects of public corruption further impair effective RTG response to these threats.

The RTG considers illegal drug trafficking and abuse as one of its most serious national security problems. The use of amphetamine-type stimulants (ATS) creates serious public health and social problems, and requires modification and expansion of demand reduction programs that were originally tailored for heroin abuse. A national campaign in 2003 to suppress the drug trade had some success, but was also criticized for serious human rights abuses. Thailand has been a leader in programs for prevention and treatment of drug abuse. Its effort to reduce and eliminate opium poppy cultivation and heroin production is one of the most successful in the world. U.S. Department of State drug control assistance to Thailand dates to the 1970s, but is being gradually phased out in recognition of the success against opium production and in response to evolving patterns of international drug smuggling. After decades on the list of Major Narcotics Producing and Trafficking Countries, Thailand was removed from the list in September 2004.

The RTG is making a systematic effort to review its criminal justice system and to develop and implement new or modified substantive and procedural criminal laws, procedures and practices that respond appropriately to organized and transnational crime, and implement obligations of the 1988 UN Convention Against Illicit Drug Trafficking, the 2000 Convention Against Transnational Organized Crime (TOC), and the 2003 Convention Against Corruption. However, corruption is endemic in Thai society, even though in recent years it has graduated from a taboo topic to being frequently chronicled in press reports of high-profile court cases. Reports of official corruption are rarely drug-related, but drug-related corruption is very likely, given the volume and value of drugs consumed in and moving through Thailand.

Thailand is a strong regional leader in international cooperation against drugs and transnational crime. It has agreements for cooperation with the United States, its neighbors and others, and takes a leading role in regional and multilateral drug and crime control organizations. During 2008, the RTG launched a special operation entitled “unity for freedom from the threat of drugs,” aiming to reduce the numbers of drug traffickers and users by focusing on high-risk youth groups. Government officials, civic groups and local administrations, and interested private citizens were deployed to monitor the drug problem.

Thailand and the United States maintain an exemplary, long-standing partnership to combat drug trafficking and international crime. Thai-U.S. bilateral cooperation makes possible a broad range of investigations conducted jointly by Thai law enforcement agencies and the U.S. Drug Enforcement Administration (DEA). These programs build capacity in anti-narcotics, as well as other law enforcement areas, and foster cooperation with third countries on a range of narcotics control and anti-transnational crime activities. As traditional forms of U.S. Department of State counternarcotics assistance are eliminated, “value-added” assistance by the United States in fighting corruption and other areas will remain crucial elements in Thailand’s efforts to reform and modernize law enforcement institutions.

The former Narcotics Affairs Section in the U.S. Embassy in Bangkok has become the Transnational Crimes Affairs Section (TCAS), with a Resident Legal Advisor (RLA) and a Law Enforcement Policy Advisor (LEPA). The TCAS Director also serves as an INL regional advisor, serving countries where there is no funding for an in-country INL representative. Under a bilateral agreement concluded in 1998, the RTG and USG jointly operate the International Law Enforcement Academy (ILEA) in Bangkok, which has thus far provided training to 4,500 law enforcement officials from Southeast Asia and China.

Program Accomplishments

The INL-funded TCAS hosts a team of experts who supply the Royal Thai Law Enforcement and Judicial sectors with much needed advice and guidance in order to bolster the overall contrivance of Thailand’s rule of law and security sector reform. Despite the continuing political uncertainties, INL-funded programs have supported a wide range of activities that have resulted in tangible, sustainable accomplishments.

With U.S. support and encouragement, Thailand is in the process of amending many of its basic narcotics and other substantive and procedural criminal laws. Thailand continues to employ legal authorities authorizing use of wiretap evidence in drug investigations and allowing reduction of sentences for convicted drug offenders who cooperate with prosecutors and investigators. Legislation on plea-bargaining in criminal cases, controlled deliveries, establishment of a witness protection program and other improvements in substantive and procedural criminal law remain under active discussion and consideration by various Thai legal institutions and the Parliament. Thailand is a signatory to both the UN Convention Against Corruption and the Suppression of the Financing of Terrorism Convention. The Thai Criminal Law Institute expanded its ongoing review of criminal laws to include the Convention Against Corruption.

INL-funded programs contributed materially to Thai law enforcement agencies’ ability to conduct investigations by providing equipment, training and institutional building blocks that expanded Thai counternarcotics professionalism. Thailand continues to play a leading regional role in counternarcotics and fighting other transnational criminal threats. The RTG has cooperated with China, Burma, and other nations on significant drug investigations, resulting in numerous seizures of significant quantities of heroin and methamphetamine tablets. Thailand has encouraged China and India to take stronger action to prevent the diversion of precursor chemicals used to manufacture methamphetamine. Thailand plays a leading role in the UN-sponsored ACCORD plan of action designed to promote regional cooperation on drug and crime control efforts. Thailand also continued to demonstrate regional and international leadership in law enforcement affairs. With INL support, the RTG-affiliated Royal Projects Foundation has provided alternative crop development assistance to Burma and Afghanistan, and is looking at assisting Columbia.

Thailand's regional efforts at border interdiction and law enforcement coordination include improved policing of the Thai-Lao borders in the north and northeast regions of the country. Markedly improved cross-border operational communications along the Mekong River have developed within the past year, fostered in part by the inauguration of scheduled joint Lao-Thai river patrols using U.S. Government-purchased boats and other non-lethal equipment. Lao and Thai border law enforcement authorities now benefit from improved contacts and better communications tools, including cellular telephones and handheld radios that facilitate cross-border operational communications.

The INL-funded program in Thailand serves as a resource and coordinator for INL’s overall mission in Southeast Asia. Our TCAS office supports embassies in the region where there is no funding to support staff in-country, allowing the USG spread our successes in Thailand throughout the region and foster regional cooperation.

FY 2010 Program

The FY 2010 program consists of two major components: Security Sector Reform, focusing on developing Thailand’s Law Enforcement institutions, and Rule of Law Enhancement focusing on the Justice Sector.

The Law Enforcement program funds will continue to support a Law Enforcement Policy Advisor (LEPA) or other appropriate police experts, to provide the RTP and other law enforcement agencies advice and guidance on governance, capacity and capability building, and managing organizational change to meet international standards. FY 2010 funding may be used to offer training courses and technical assistance with organizational development by U.S. federal law enforcement agencies. Additional components of the law enforcement program may include building sub-regional multilateral projects with the Thai and neighboring countries, building capacity for dealing with new cross-border threats resulting from liberalized regional trade and globalization, and continuing support for projects like the Thai-Lao joint cooperation to interdict narcotics trafficking along the Mekong River.

The Justice Sector program funds will continue to support training and technical assistance, including but not limited to, the provision of a Resident Legal Advisor (RLA) or other legal experts. The program will focus on supporting the RTG efforts to fight corruption within the criminal justice system—particularly within the judiciary—through activities such as seminars and workshops throughout Thailand for sitting judges, prosecutors and public/private attorneys, as well as funding training visits by U.S. judicial experts. Other possible areas of engagement include working with the RTG to improve understanding of comparative ethics regimes, encourage development of solutions to judicial misconduct, and improve professional ethics education and training in Thai judicial institutions.

In FY 2010, expansion and refinement of regional programs at ILEA Bangkok will continue, as well as development of bilateral programs to Thai law enforcement agencies that will both further U.S. interests in combating transnational criminal activity as well as threats to Thai security that are posed by the continuing terrorist incidents in southern provinces.

Program Development and Support (PD&S)

Funds will cover 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 law enforcement, judicial assistance, counternarcotics and anticrime training program planning, design, implementation, monitoring, and evaluation.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Thailand

INL Budget

($000)

FY 2008

FY 2008

Supp

FY 2009

FY 2010

Law Enforcement Support

450

-

506

660

Resident Legal Advisor

550

-

304

350

Program Development & Support

U.S. Personnel

400

-

300

350

Non-U.S. Personnel

100

-

100

125

ICASS Costs

100

-

100

145

Program Support

86

-

90

110

SubTotal

686

-

590

730

Total

1,686

-

1,400

1,740


Timor-Leste

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

20

20

860

Program Objectives and Performance Indicators

The Government of Timor-Leste will develop a functioning criminal justice system.

Performance indicators include prosecutors receiving skills development training to improve competencies to pursue complex cases and undertake investigations; the Prosecutor General’s Office developing a case management and file tracking system; authorities of the Provedor’s Office receiving training on investigating corruption crimes and financial investigations to pursue such cases; officials and parliamentarians provided advice necessary to draft and refine justice sector laws; justice sector officials trained on the content and operation of the new Criminal Procedure Code and problems with the Code identified and revisions presented to appropriate authorities for formal action.

The skills and professionalism of the civilian-led national police service will be increased.

Performance indicators include the development and delivery of training courses, including interactive computer-based training modules, on various topics and the number of police who complete the training and apply their newly-gained knowledge.

Program Justification

Timor-Leste is a small and relatively newly independent nation whose government and people are eager for a close relationship with the United States. Timor-Leste views the United States as an honest broker that can be trusted to balance the competing interests of other countries which, for reasons of history or geography, seek to influence the country politically and economically. Timor-Leste has the potential to serve not only as a powerful advocate for the values it shares with the United States, but also as living proof that these values are just as important for developing nations as they are for the rest of the world. Timor-Leste’s potential will not be fulfilled, however, unless the Timorese state can continue to develop its capacity to govern effectively, to expand economically, to maintain law and order, to defend its borders, and to do all these things in ways that protect and promote human rights.

INL programs that contribute to judicial sector development and support building policing skills will help Timor-Leste manage threats to peace and security. The judicial system is under-resourced and there is a particular shortage of trained prosecutors, lawyers and judges. Assistance in drafting, implementing and enforcing new criminal justice laws is an identified need. Consistent application of those laws in a fair and transparent manner is critical to the political stability of Timor-Leste.

Program Accomplishments

Due to clashes between police and protesters in 2006, INL suspended a law enforcement development program in Timor. Since that time, assessments have been conducted and agreement has been reached with the Government of Timor-Leste (GOTL) and various international donors to focus INL activities on the criminal justice system through the provision of a USG legal expert and on law enforcement reforms through limited police training.

Starting in 2009, INL funding will allow for a full-time Resident Legal Advisor (RLA) to be placed in the U.S. Embassy in Dili. The RLA will work closely with the GOTL to improve case management, promote legislative reform, and increase the effectiveness of GOTL prosecutors. In 2009, INL assistance will also be used to partially fund a Computer-Based Training center and the full complement of training modules for law enforcement authorities. The Government of Australia is co-funding this project, which will be implemented by the UN Office on Drugs and Crime (UNODC). UNODC has developed interactive training modules for the Timorese police academy on basic skills and knowledge relating to drug trafficking, terrorism, cross border organized crime, money laundering, and human trafficking.

FY 2010 Program

Funds will be used twofold: to support justice system reform through the continued provision of an INL Resident Legal Advisor (RLA) and to develop law enforcement capacity.

The INL RLA program will continue to assist the GOTL by working closely with various Timorese actors and institutions, including but not limited to, police, prosecutors, Ministry of Justice officials, courts, parliament and judicial training centers, including the national university. The objectives of the RLA will include: (1) improving prosecutorial training and skills development; (2) providing institutional support to the Prosecutor General in such areas as the development of case management systems; (3) supporting efforts to investigate and prosecute acts of corruption; (4) promoting legislative reforms designed to improve the operation of the criminal justice system; and (5) strengthening human rights protections by police and prosecutors through support for implementation of the new criminal procedure code.

INL assistance will also be used to increase the capacity and effectiveness of law enforcement institutions and security forces in Timor-Leste. Possible areas of assistance may include but are not limited to: training in crowd control and management, counternarcotics, forensics, disaster and emergency response, and maritime security. If appropriate, additional funding may be provided to UNODC for the Computer-Based Training center or an alternative implementer may be identified to provide expertise and training.

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Timor-Leste

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Law Enforcement Reform

-

-

-

235

Prosecutorial Assistance

-

-

-

600

Program Development & Support

U.S. Personnel

-

-

-

-

Non-U.S. Personnel

-

-

-

-

ICASS Costs

-

-

-

-

Program Support

20

-

20

25

SubTotal

20

-

20

25

Total

20

-

20

860


Vietnam

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

---

550

Program Objectives and Performance Indicators

The Government of Vietnam (GVN) will strengthen its abilities to combat trafficking in persons and improve the capacity of the criminal justice system to meet the needs of victims.

Indicators include the provision of training and technical assistance for law enforcement officials and prosecutors on the criminal justice system’s ability to deal with victim protection and assistance issues, including but, not limited to, the following topics: victims as witnesses, compensation, legal assistance, detention of victims, raids and rescues, access to information on court proceedings.

The GVN will improve its counternarcotics capabilities.

Indicators include the delivery of basic training and technical assistance in counternarcotics and the demonstrated improvement of the GVN’s enhanced interdiction capabilities.

The GVN will improve the capacity, transparency, and professionalism of its justice system.

Indicators include the implementation of training and technical assistance in the rule of law will assist Vietnam in developing a professional and accountable justice system.

Program Justification

Vietnam has made considerable achievements by establishing a legal regime that meets international minimum standards; however, they lack capacity in implementing their laws, particularly in the operation of the justice system and in carrying out enforcement actions.

Trafficking in Persons

Vietnam remains a significant source country in a region known for trafficking in persons. To a much lesser degree, Vietnam is a destination country for men, women, and children trafficked for the purposes of sexual exploitation or forced labor. While difficult to quantify, it is widely accepted that significant internal trafficking occurs from rural to urban areas.

As a developing country with a yearly per capita income of approximately USD $1,023, Vietnam's primary obstacle in addressing these shortcomings is a lack of resources. Funding for all public institutions is inadequate and seriously hampers law enforcement efforts on both the prosecution side and victim protection side. While law enforcement and justice officials have improved their ability to investigate, arrest, prosecute, and convict traffickers, the legal system is still inadequate when it comes to identification, protection, and assistance to victims.

Counternarcotics

Law enforcement sources and the UNODC believe that significant amounts of drugs are transiting Vietnam. Drugs, especially heroin and opium, enter Vietnam from the Golden Triangle via Laos and Cambodia by land, sea and air, making their way to Hanoi or Ho Chi Minh City, either for local consumption or transshipment to other countries such as Australia, Japan, China, Taiwan and Malaysia. The amphetamine-type stimulants (ATS) flow into the country during 2008 continued to be serious and was not limited to border areas. ATS can now be found throughout the country, but are most popular in Hanoi, Ho Chi Minh City and other major cities. During 2008, numerous cases involving ATS trafficking and consumption were reported in the media, including mass arrests following raids on popular nightclubs.

With drug-producing countries on its borders, Vietnam’s limited capacity to combat drug trafficking remains a serious threat. The vulnerability and lack of trained law enforcement officers make this a continuing regional issue. Vietnamese border security also plays an integral part in U.S. efforts to thwart traffickers in illicit goods and in persons. The GVN recognizes the need for assistance to improve their law enforcement’s capacity to control its borders and intercept narcotics and other contraband. Funding a border control program will benefit not only the GVN, but the surrounding countries and U.S. national security interests in denying safe havens and transit routes for terrorists and traffickers in illicit goods and persons.

Rule of Law

A more effective criminal justice system is required to support law enforcement efforts to reduce trafficking. The judicial system in Vietnam has a history of being strongly distorted by political influence, endemic corruption, and inefficiency. There is a shortage of trained lawyers and judges in Vietnam and low judicial salaries hinder efforts to develop a trained judiciary. The legal training for lawyers offered at even the best universities is lacking and frequently bogged down in dogmatic Communist Party theory. Many judges also lack formal legal training, and the few judges who have training often studied abroad only in countries with communist legal traditions. Legal aid to the less advantaged is nonexistent making them underrepresented before the law, even when dealing with complex land rights issues. As a result of the passage of new laws governing the trial process, the government is in the process of moving towards a more "adversarial" legal system similar to the U.S., but the government is many years off from implementing specific changes. Similarly, courts are in the process of moving towards making decisions based on prior precedent but have yet to implement specific regulations.

Program Accomplishments

Embassy Hanoi would like to build on existing accomplishments from past programs in Vietnam. These successes are tangible and have built an overall foundation for future success. FY 2010 INCLE funds can build upon this work and continue to make strides in Vietnam as we reengage after abatement in assistance funds. There has been no bilateral INL funding for Vietnam since FY 2007.

Trafficking in Persons

The GVN, working with UNODC, UNICEF (focusing on child trafficking) and the Vietnamese Women’s Union, has provided significant anti-TIP training to MPS Police, Border Guard Command and court officials, in particular over the last three years. The USG has supported this training through anti-TIP programs funded under USAID and the Department of State.

From 2003 to 2007, MPS worked in close cooperation with the UNODC (with funding from the United States, Australian, French and UK governments) on a multi-year, multi-phase anti-TIP program to “Strengthen Law Enforcement Institutions” in Vietnam. Under this program hundreds of GVN Border Guard Command officers, MPS police officers, judges, prosecutors and Border Guard Command and MPS Police Academy instructors have been successfully given, at a minimum, basic anti-TIP training and manuals. UNODC developed advanced training materials and launched an Advanced Anti-TIP training course, “the first of its kind” in Vietnam. An additional survey on the effectiveness to date of the UNODC training, “train the trainer” courses and the use of training materials were conducted. UNICEF trained elements of the Vietnamese Border Guard Command on methods to identify and combat trafficking in children and procedures for re-integrating child victims, many of whom suffer from shock and various medical conditions when they return. While successful, these efforts were completed in 2007 and represent only the first steps in helping Vietnam build a justice system that is capable of both prosecuting traffickers and assisting victims.

Counternarcotics

Since 2003, the USG has focused on providing assistance to improve the effectiveness of Vietnam’s counternarcotics efforts. U.S. Customs and Border Protection provided a Contraband Enforcement Team (CET) to design training, customized for the international airport environment, to be delivered in three phases: hands on training for border control officers, classroom training for a team of control border protection from different regions, and supervised implementation of practices in the field. Additional training consisted of three additional iterations of CET training for seaport officers in Haiphong, DaNang, and Ho Chi Minh City, including appropriate equipment, such as basic inspection tools and test kits, to support program objectives. INL supported the Contraband Enforcement Team training conducted by U.S. Customs and Border Protection (CBP) focusing on interception of contraband at border points and basic and targeted DEA counternarcotics training to improve Vietnam’s narcotics interdiction capabilities. The legacy of these accomplishments still linger, but it is time to reengage on these issues after these programs were last funded in FY 2004.

FY 2010 Program

The FY 2010 INL program in Vietnam will include three components: building law enforcement capacity to handle trafficking in persons cases, developing counternarcotics and border patrol capabilities, and reforming the justice system.

FY 2010 funds for transnational crime efforts will support a UN project that addresses the response of the criminal justice system to trafficking in persons. The capacity of relevant officials will be increased to avoid re-victimization or re-traumatization of the victims in their contact with law enforcement and justice sector officials.

FY 2010 INCLE funds supporting counternarcotics in Vietnam will continue to bolster the GVN’s capacity to combat narcotics and enhance interception of contraband. INL’s Regional Transnational Crime Affairs Office (TCAS) in the American Embassy, Bangkok, will oversee the program in order to continue support of the GVN efforts to improve its capacity to interdict trafficking in narcotics and other contraband by providing focused training and equipment.

Rule of law funds in FY 2010 will go towards reform and capacity building for the justice and law enforcement sectors. As the GVN has only recently opened the door to U.S. assistance in this area, specific projects are still under discussion. Possible activities may include, but are not limited to, training lawyers and other legal professionals, assisting with revision of the criminal code, and strengthening the capacity of the system to deliver legal services, especially to the poor, ethnic minorities and other disadvantaged.


If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

Vietnam

INL Budget

($000)

FY 2008

FY 2008
Supp

FY 2009

FY 2010

Transnational Crime

-

-

-

150

Counter-Narcotics

-

-

-

200

Rule of Law and Human Rights

-

-

-

200

Total

-

-

-

550


East Asia and Pacific Regional

Budget Summary ($000)

If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

FY 2008 Actual

FY 2009 Estimate

FY 2010 Request

---

---

1,300

Program Objectives and Performance Indicators

Countries in the East Asia Pacific (EAP) region will forge strategic partnerships for confronting transnational criminal threats.

Possible indicators include: the establishment of formal and informal networks among law enforcement officials to facilitate information sharing; increased cooperation between law enforcement officials in the region on operational cases; and the adoption of political statements by the Association of Southeast Asian Nations (ASEAN), the ASEAN Regional Forum (ARF), or in other regional fora acknowledging the importance of regional cooperation in addressing transnational crime.

The capabilities of law enforcement officials to address transnational criminal threats throughout the EAP region will be strengthened.

Possible indicators include: the completion of multilateral training events or symposia on transnational crime issues; the provision and utilization of equipment to facilitate cross-border law enforcement communication and cooperation; and improved law enforcement responses to transnational crime issues including, but not limited to, trafficking in persons, drugs and precursor chemicals, wildlife, weapons, and other illicit goods, money laundering, terrorism, IPR violations and border and maritime security.

Program Justification

Throughout the EAP region, porous borders, expansive maritime routes, abundant natural resources, and under-funded law enforcement institutions create conditions under which domestic, regional and international criminals can flourish. In order to effectively counter these cross-border crimes, police and other security forces in the region must work together, sharing information and supporting operational efforts. There is a clear need to strengthen cooperation among law enforcement officials in the region and to build regional law enforcement capacity to interdict illegally trafficked goods and people, effectively investigate cases, and dismantle organized crime syndicates.

Program Accomplishments

FY 2010 will be the first year of regional EAP funding for INL. The program is a component of the Shared Security Partnership (SSP) – a multi-year, multi-faceted, multi-agency initiative to provide a comprehensive approach to our national security and international security in the 21st century.

FY 2010 Program

The FY 2010 funding will be used to enhance the capacity and capability of law enforcement officials in the EAP region to fight transnational crime. INL assistance will focus on strengthening cooperation between police in neighboring countries and in the region as a whole to address cross-border crimes and to enhance the security and stability of the EAP region. Assistance may include, but is not limited to, training or technical assistance, limited equipment donation and infrastructure support, study tours, seminars, and support for multilateral training operations or exercises. INL will consider supporting peace and security initiatives consistent with priority areas of cooperation identified under the ASEAN-U.S. Enhanced Partnership. In support of the SSP’s whole-of-government approach to global threats, FY 2010 funds may also be used for interagency assessments or other strategic planning efforts.


If a scroll bar appears below the following table, swipe the table to move left/right of the dashed line.

East Asia Pacific Region

INL Budget

($000)

FY 2008

FY 2008

Supp

FY 2009

FY 2010

Law Enforcement

-

-

-

1,300

Total

-

-

-

1,300

[This is a mobile copy of East Asia and the Pacific]