Georgetown: The United States Government has once again called on Guyana to vigorously convict and hold human traffickers accountable, appealing to the David Granger-led Administration to provide more funding for organisations that help fight against the global crime.
In its 2015 Trafficking In Persons (TIP) report, Washington called on this country to: “Vigorously investigate and prosecute sex and labour trafficking cases and hold convicted traffickers accountable with time in prison that is commensurate with the severity of the crime; [and] provide increased funding for [Non-Government Organisations] NGOs to identify and assist victims.”
The US said too that efforts must be made to investigate, prosecute, and convict Government officials complicit in trafficking; make additional efforts to enable victims to appear in court and testify against traffickers in a way that does not further endanger victims and develop child-sensitive investigation procedures and court procedures that protect the privacy of children and minimise their re-traumatisation. Additionally, the US said in partnership with NGOs, Government should develop and publicise written standard operating procedures to guide and encourage front-line officials – including Police, health, immigration, labour, mining, and forestry personnel to identify and protect victims of forced labour and forced prostitution. While urging that it do not punish victims for crimes committed as a result of being subjected to human trafficking, the US recommended, Government offer increased protection and assistance for victims near mining communities.
Regarding prosecution, Washington said law enforcement efforts remained insufficient, noting that the Combating Trafficking of Persons Act of 2005 prohibits all forms of trafficking and prescribes sufficient stringent penalties ranging from three years’ to life imprisonment. “These penalties are commensurate with penalties prescribed for other serious crimes, such as rape.”
However, the US said weak law enforcement efforts hindered the process of holding traffickers accountable. It noted that between April 2014 and January 2015, the Government investigated seven trafficking cases involving an unknown number of suspects and prosecuted four suspected traffickers.
“Information on the distribution of sex and labour trafficking cases was unavailable. The Government convicted one trafficker, compared with three in 2013. The convicted trafficker was a Police Officer sentenced to four years’ imprisonment for child sex trafficking; he was initially denied bail, but ultimately granted bail pending appeal on April 1, 2015,” the US report stated.
It added that in 2013, the Government released three convicted traffickers on bail while their cases were under appeal; these three convicted traffickers were still free on bail and had not had their appeals heard at the end of the reporting period. In 2014 and previous years, Guyanese courts ultimately dismissed the majority of ongoing trafficking prosecutions, the US report stated, noting that the Government trained eight Police Officers on trafficking victim identification and case investigation.
It said law enforcement cooperated with the Governments of Suriname and Jamaica on four international sex and labour trafficking cases. Additionally, the report stated that a separate NGO provided housing and assistance to 12 victims of sex trafficking without Government support. “Donor-funded organisations provided much of the support for victims. In areas outside of the capital, NGOs provided shelter and assistance to victims, often in dangerous conditions, without any Government funding. Longer-term shelter and protection were not available in Guyana, putting victims at risk of traffickers’ reprisals as the Government did not punish most traffickers with incarceration. Reports indicated identified victims were re-trafficked or became homeless after receiving inadequate protection services from the Government. The Government reported it was developing standard operating procedures to guide officials in identifying trafficking victims.”
The US said that victims often did not testify in court as officials failed to locate and inform them of court dates. “Victims also did not testify when they had no transportation to courts or could not afford residency in Guyana in the months before their court date. The Government did not adequately address this problem, which contributed to the low number of trafficking convictions. Guyana’s law protects victims from punishment for crimes committed as a result of being subjected to human trafficking; however, in November, the Government charged and subsequently placed in Police custody, a group of Nepalese suspected to have been subjected to trafficking while illegally present in Guyana. Government officials reported cooperation with NGOs to develop child-sensitive investigation and prosecution procedures; a lack of these procedures put children at risk of reprisal from traffickers. Guyana’s law provides relief from deportation for foreign victims; the Government did not report extending such relief to foreign victims over the past year.”
In the area of prevention, the US noted that Government sustained efforts to prevent trafficking, making reference to its ministerial taskforce, which consisted of representatives from multiple Government entities and two NGOs. It said a leading NGO that has played a significant role in identifying and assisting trafficking victims was not included, despite the organisation’s critical role in victim protection. “The Government released an action plan to address trafficking in June 2014; however, it made uneven efforts to implement the plan. It conducted a variety of awareness-raising activities including distribution of posters at checkpoints in the interior, programmes at secondary schools, community awareness initiatives, and publication of a newspaper article in observance of Trafficking Awareness Day. The Government operated a trafficking hotline, but did not report how many calls it received.
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