Will Trump Trash it? U.S. Human Rights and Humanitarian Aid by Michael Erbschloe - HTML preview

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Department of State Bureau of International Narcotics
and Law Enforcement Affairs (INL)

INL works to keep Americans safe at home by countering international crime, illegal drugs, and instability abroad. INL helps countries deliver justice and fairness by strengthening their police, courts, and corrections systems. These efforts reduce the amount of crime and illegal drugs reaching U.S. shores.

Combating Crime and Corruption: INL combats crime by helping foreign governments build effective law enforcement institutions that counter transnational crime—everything from money laundering, cybercrime, and intellectual property theft to trafficking in goods, people, weapons, drugs, or endangered wildlife. INL combats corruption by helping governments and civil society build transparent and accountable public institutions—a cornerstone of strong, stable, and fair societies that offer a level playing field for U.S. businesses abroad.

INL builds the ability of partner nations, as well as regional and global capacity, to combat criminal activity that can harm American citizens and national security. It does so largely through international training and mentoring programs, as well as the development of legal and institutional frameworks and relationships that enable diplomatic and law enforcement collaboration across borders. INL’s specialized programs target:

  •  Transnational organized crime
  •  Wildlife trafficking and other environmental crime
  •  Cybercrime and infringement on intellectual property rights
  •  Human smuggling and challenges to border security
  •  Corruption and money laundering that can facilitate other crimes

Establish and Implement International Commitments: International treaties establish shared rules for combating crime, and provide tools for legal cooperation in criminal cases among countries. On behalf of the United States INL negotiates treaty and regional commitments, such as the UN Convention Against Corruption (UNCAC) and the UN Convention against Transnational Organized Crime (UNTOC), and works with the Organization of American States, Council of Europe, Financial Action Task Force, G20, G7, Asia Pacific Economic Cooperation, and other international fora to monitor implementation.

INL helps the global community turn such shared international rules into concrete action toward reform and justice, including through strengthening mechanisms that monitor the implementation of commitments and bring peer pressure to encourage change.

Build Capacity and Will: INL helps foreign partners build capacity to address crime, and supports law enforcement cooperation across borders. Through development of training materials to address a specific type of crime, fostering transnational approaches to transnational crime through the work of the International Law Enforcement Academies (ILEAs), and through bilateral assistance to countries across the globe, INL advances the international fight against crime. To build momentum and will for anti-corruption and anti-crime initiatives and reforms, INL also works diplomatically with individual countries, regional international groups, and non-governmental organizations.

Staying Ahead of Trends: In addition to traditional areas of concern, INL also develops training to target and attempts to focus the international community on new and emerging criminal trends, such as trafficking in counterfeit medicines, cybercrime, and the smuggling of cultural properties. We also apply cutting-edge research, tools, and methods, such as DNA analysis of elephant tusks to identify poaching hotspots, chemical analysis of illegal drugs to determine country of origin, and the application of other high-tech tools in criminal investigations.

Addressing Illicit Drug Challenges: INL approaches the illegal drug trade from both the security and public health perspectives. By reducinghe demand for and supply of illicit drugs, INL programs:

  •  Develop and sustain drug prevention, treatment, rehabilitation, and aftercare abroad;
  •  Help countries reduce illegal drug production;
  •  Support other means of livelihood to bolster legitimate economies; and
  •  Help prevent drug-related gang recruitment.

The harms from drug abuse, drug trafficking and related violence do not stop at national borders. In the United States, the President’s National Drug Control Strategy represents a balanced, evidence-based plan for reducing drug use and its consequences. The balanced approach focuses on public health, particularly the need to utilize advances in the prevention and treatment of drug abuse, as well as on reforming criminal justice policies to reflect today’s challenges.

Because drug-related issues require shared global solutions, the U.S. Department of State plays a key role in implementing the Strategy. Previous distinctions between “producer” and “consumer” countries are falling away. Today, all countries must view drug policy from the perspectives of both public health and public safety. This requires a modern, evidence-based response. The President’s most recent Drug Control Strategy, released in 2015, aims to utilize such a response to make good on the Administration’s commitment to confronting prescription drug misuse and heroin epidemic.

Mirroring the President’s Strategy, INL programs reflect both the public health and law enforcement approach. Beyond programs, INL helped rally high-level international support behind such a pragmatic, balanced approach to drugs at the April 2016 United Nations General Assembly Special Session on the World Drug Problem, the first such global gathering to discuss drugs in a generation. The outcome document adopted at this UN session can be found here.

On the overseas drug demand reduction side, INL efforts draw on the latest advances in neuroscience to help partner governments and government-supported NGOs implement drug abuse prevention, treatment, rehabilitation, and other social-service programs. For example, through the Child Drug Addiction Initiative, INL supports the development of the world’s first drug treatment protocols and related curricula for drug-addicted children in Latin America, Southwest Asia, and Afghanistan.

On the law enforcement side, INL provides full-spectrum support to foreign law enforcement partners confronting dangerous and well-organized drug trafficking organizations. INL’s Aviation programs help counternarcotics police reach remote areas where drugs are grown and processed as well as improve their ability to interdict illicit shipments and eradicate illicit crops used to make drugs. INL also works with partner governments to develop effective tools to prosecute drug traffickers, seize their assets, and limit their ability to influence state institutions.

In addition, INL is spearheading international efforts to limit the spread of synthetic, “designer” drugs, also known as new psychoactive substances. These substances, often marketed as “legal highs,” have caused serious health issues and fatalities among users. The manufacturers of these substances have shown an ability to alter their chemical composition to skirt existing drug laws, and putting them on the market faster than domestic legislation or international control measures can impose restrictions on them. To counter this, the United States and partners worldwide are strengthening international institutions that track the trade of these drugs and provide warnings so countries can mobilize their public health and law enforcement agencies to counter the problem.

Meeting the challenges posed by illegal drugs requires partnerships by a range of actors: NGOs, the education sector, public health institutions, law enforcement agencies, and local communities. These partnerships are as important among nations as within them and INL is dedicated to advancing this cooperation to limit the harmful consequences of international narcotics trafficking.

Supporting Rights and Justice: INL works with these partners to fight injustice and promote laws and court systems that are fair, legitimate and accountable. INL’s training, technical assistance and mentoring:

  •  Make courts and legal systems more fair and transparent;
  •  Develop judges, prosecutors, and investigators who are highly skilled and accountable;
  •  Improve correctional facilities and prisoner treatment standards;
  •  Encourage women to join law enforcement and legal fields;
  •  Combat gender-based violence and hate crimes, and aid survivors.

INL’s work with partner nations is designed to help reduce crime, promote public safety, and ensure that citizens of those countries have access to a functioning and fair justice system. This requires engaging across the entire spectrum of criminal justice, including with law enforcement, judges, prosecutors, defense attorneys, and correctional institutions, to build a fair, transparent, and accountable justice system. A public that has confidence in law enforcement, its prisons, and courts strengthens the stability and resiliency of a nation, which benefits the security of Americans.

Working with other U.S. government agencies, international organizations, civil society, and state and local partners, INL assists nations around the world as they seek to develop or improve their capacity to tackle corruption, fight crime, and administer justice.

Law Enforcement: INL builds technical skills of foreign law enforcement personnel through training and technical assistance on topics such as crime scene investigation, conducting forensic analysis, and crowd control. Most training takes place in host countries; however training is also conducted in the United States and at regional venues overseas such as the INL-managed International Law Enforcement Academies (ILEAs). We provide advice and mentoring to government ministries that oversee law enforcement functions, and assist in institutional police reform so that they are more representative of and accountable to the communities they serve. INL also works with local communities abroad to promote better police-community communication and cooperation. Where necessary and when resources permit, INL also provides equipment and infrastructure support.

Justice: A well-functioning justice sector is composed of many elements, including: the courts and their administration, judges, prosecutors, defense attorneys, legislative drafting on crime-related issues, training institutes, and even alternative courts for specific types of offenses, such as drug courts. INL supports justice sector capacity building and institutional development by providing training, mentoring, and advice, as well as equipment and infrastructure where necessary and appropriate.

INL also seeks out opportunities to bring together different actors in the criminal justice system (e.g. police, judges, prosecutors, and correctional officials), for joint training and/or discussions because their collaboration and effective communication is crucial to developing and maintaining a fair, effective, transparent, and accountable justice system.

Corrections: Fighting crime is at the heart of INL’s mission. When prisons are not run professionally, or are operated in an inhumane or corrupt manner, they can become safe havens for criminal organizations, gangs, and other criminal activity. This can lead to an erosion of broader public support for government institutions and the justice sector in particular.

INL assists nations in reforming correctional systems so they are safe, secure, humane, transparent, and comply with international standards and norms. We deliver training to professionals; help guide process improvements, such as the classification of prisoners and the use of alternatives to incarceration; provide advice on institutional reform; and improve prison infrastructure where appropriate. INL also participates in establishing global standards on corrections policy, and is proud to have been an active supporter of the revised United Nations Standard Minimum Rules for the Treatment of Prisoners (SMRs), known as The Nelson Mandela Rules, which were updated in 2015 after almost 50 years.

Promoting Women: INL understands that sometimes anti-crime programs need to take a gender-specific focus to be most effective. While INL supports important gender-specific programs – like supporting shelters for abused women, and the training and development of prosecutorial units aimed at violence against women -- INL’s mandate goes beyond specific programs. INL aims to integrate gender considerations into all we do, consistent with the U.S. National Action Plan on Women, Peace and Security. A full-time expert guides INL programming on specific gender-based interventions and approaches, and assists in the implementation of INL’s Guide to Gender in the Criminal Justice System.

LGBTI Rights: INL's aims to help partner nations develop awareness of the problem of bias-based crimes (also commonly referred to as hate crimes), and bolster the capacity of law enforcement overseas to investigate, respond to, and prevent such crimes.

Efforts on this front include outreach to civil society and support for international efforts to build such capacity through multilateral organizations. For example, INL introduced groundbreaking language that was included in the Doha Declaration, a consensus outcome document adopted by the United Nations during the 13th United Nations Congress on Crime Prevention and Criminal Justice. The declaration included a section that acknowledged the need to provide specialized training to criminal justice professionals to increase their capacity to recognize, understand, and investigate hate crimes free of discriminatory motivations of any kind.

INL also partners with hate crimes experts in the Atlanta Police Department to conduct trainings of foreign law enforcement on responding to bias-motivated crimes at the International Law Enforcement Academies (ILEAs). By the end of 2016 all four overseas ILEAs will have hosted hate crimes trainings for regional law enforcement.

Best Practices: INL produces guides designed to educate and share best practices with U.S. and overseas staff, INL partners, and the public. This includes guides on police, justice sector, and corrections assistance, as well as on topics such as anti-corruption and gender in the criminal justice system. While INL’s core work is focused on developing capacity in individual countries or regions, INL experts also identify best practices in the criminal justice sector that can improve how we design, manage, and implement international criminal justice development programming around the world.

Partnerships: INL draws on American expertise to combat crime, corruption, and narcotics trafficking abroad and to develop trustworthy justice systems. The Department of State has more than 110 partners across the United States to facilitate training and exchanges with foreign countries, including with:

  •  Federal law enforcement agencies;
  •  State and local police and corrections departments;
  •  Local and state courts;
  •  District attorney’s offices and public defenders;
  •  Port authorities; and
  •  Professional Associations, Academic Institutions and Civil Society Organizations.

Implementing INL’s motto, Security through Justice, is not something that INL can do alone, as the global challenges our country faces are increasingly complex. It requires partnerships, both foreign and domestic, to ensure that we are using the very best tools and expertise available to successfully address these issues. Beyond INL’s partnerships with individual countries, which are described in the webpages here, examples of INL’s partnerships include:

International Organizations: INL works with and is a participant in many international organizations such as the United Nations Office on Drugs and Crime (UNODC), the Organization for American States (OAS), the World Bank, the Organisation for Economic Co-operation and Development (OECD), the World Customs Organization, the Colombo Plan, and INTERPOL.

We engage with them primarily in two ways: First, we work with international organizations through diplomatic channels, representing the interests of the United States by negotiating and promoting the implementation of internationally agreed standards, particularly anti-crime treaties and conventions. In addition, INL often showcases U.S. standards and best practices as models for foreign governments within the context of international organizations. Second, INL calls on the expertise of these organizations as we implement programs. In addition, international organizations present to INL a way to pool funding with other donors on projects of shared interest and concern.

U.S. State and Local Criminal Justice Entities: INL actively recruits American state and local law enforcement, departments of corrections, and legal agencies, as well as professional associations, academic institutions, and specialized entities (such as ports authorities), to help implement INL funded international criminal justice assistance programs. Currently INL has over 110 of these formal and informal partnerships throughout the United States. Typically INL partners provide training and/or technical assistance in foreign countries through INL programs, or serve as hosts for training and mentoring programs in the United States for foreign officials participating in INL programs.

In selecting INL partners we seek organizations with unique capabilities; technical, language, and cross-cultural skills; and those with significant numbers of women in their ranks.

These partnerships benefit all concerned: INL benefits by developing outstanding programs; international partners receive high level specialized training from expert practitioners and professionals; state and local partners expand ties with countries of interest to their communities, form new operational relationships, giving their staff the opportunity to develop new skill sets.

U.S. Federal Agencies: Numerous federal agencies, including the Departments of Justice, Treasury, Homeland Security, Defense, and the Agency for International Development, also engage with INL on criminal justice policy and/or programming. They bring their rich experience, expertise, and perspectives to our efforts. By working with us they are often able to develop even deeper relationships with their counterparts overseas. In addition, by building the skills of police, justice, and corrections professionals abroad it helps the United States develop foreign partners that are more capable of assisting U.S. agencies on issues and cases of interest to our country.

Non-Governmental Organizations (NGOs): INL partners with NGOs in a variety of ways, working with them to give civil society and the public a stronger voice in international discussions of INL-related topics. INL works with NGOs in the context of international discussions on drug control, anti-crime, corrections reform, and anti-corruption policy, aiming to work with such NGOs to provide a voice for those outside of government in policy dialogue. INL officials regularly meet with civil society representatives to discuss their concerns and ideas related to U.S. and international drug control, anti-crime and anti-corruption policy.(14)