SEVENTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 07 GEORGETOWN 000267

SIPDIS

G/TIP
G
INL
DRL
PRM
IWI
WHA/PPC - MICHAEL PUCCETTI

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN KFRD GY
SUBJECT: SEVENTH ANNUAL TRAFFICKING IN PERSONS
ASSESSMENT - GUYANA

REF: (A)STATE 202745


1. (SBU) The following is Embassy Georgetown's submission of
information requested in reftel for the 2007 Annual Trafficking in
Persons Report.

-------------- --
Begin Report: Overview of country's activities
to eliminate trafficking in persons:
-------------- --


A. Most trafficking in persons (TIP) in Guyana occurs internally
although post has received reports of limited trans-border
trafficking of victims destined for Suriname, Barbados, Trinidad,
Venezuela, Brazil and the United States. Within Guyana, trafficking
reportedly occurs in the interior of the country, where government
oversight is light and law enforcement is lacking. Statistical data
is limited, but an International Organization for Migration (IOM)
survey of 58 informants in June 2005 cited 12 examples of
trafficking for forced labor, 24 examples of trafficking for
prostitution, and 8 cases of trafficking for purposes of domestic
servitude.

A typical trafficking profile involves young women from the rural
interior, primarily of Amerindian (indigenous) descent, who receive
promises to work in rum shops and restaurants on the coast and are
then forced to work without compensation or to provide sexual
services. The IOM's assessment also found instances of trafficking
for purposes of forced labor that involved sawmill operators or
land-grant owners taking Amerindian men and boys from their
communities and forcing them to engage in debt bondage. For
instance, according to a representative of the Amerindian People's
Association, in the Demerara area, three or four Amerindian men
employed in the logging business reported that they were not being
paid at all for three months. According to a newspaper article, the
Minister of Amerindian Affairs Carolyn Rodrigues conveyed her
concern about the issue and was considering publishing the names of
the timber companies or looking into the possibility of pulling
concession licenses from the timber companies in question.

Sources of information used to compile this report include the
Ministry of Labor, Human Services and Social Security (M0LHSSS),the
Guyana Police Force, Help and Shelter, the Amerindian People's
Association, the Guyana Human Rights Association (GHRA),Red Thread,
the IOM, and members of Parliament representing both the government
and the opposition. (Note: The Ministry of Labor, Human Services and
Social Security appointed a new Minister of Human Services and
Social Security in Septmeber 2006, who now has the lead for TIP
activities.)


B. Guyana has made progress in moving beyond acknowledging TIP as a
problem and identifying cases to actively prosecuting traffickers
and assisting victims. The government has charged several persons
under the Combating Trafficking in Persons Act of 2005. As mentioned
in previous years, there is political will to address trafficking in
persons issues. Significant efforts in the reporting period included
continued training for volunteers - teachers, nurses, police and
other community development social workers who help identify
trafficking crimes at the community level. Since last year's report,
the Ministry of Human Services and Social Security carried out 2
training sessions at various sites across the country that reached
an additional 55 participants. (From 2005 to June 2006, the ministry
organized 12 workshops for a total of 416 volunteer participants.)
The ministry also continued outreach and sensitization campaigns to
Amerindian communities. (Since the awareness program began in July
2004, 4,400 people have participated in the program in 30 vulnerable
communities. There were 27 TIP reports filed by these communities
since the campaign began with five of those reports being filed in
2007.) However, despite overt political will, Guyana's capacity to
secure convictions remains limited. The GOG's designated TIP
coordinator reports that rural magistrates are unfamiliar with
trafficking in persons law, and cases tried in Georgetown move at an

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excruciatingly slow pace amidst Guyana's heavily-backlogged judicial
system. In addition, contacts in the interior report little active
law enforcement activity. TIP enforcement in Guyana is still very
much reactive.

Post has observed little change in the general modus operandi of
traffickers. Destinations for trafficked persons tend to center
around transportation and commercial centers, notably in the
interior logging and mining communities and also in the Corentyne
River region. Young, impoverished Amerindian women from rural areas
remained the major target, and they are recruited into jobs as
waitresses at restaurants or rum shops, as domestic workers, or as
salesclerks that ultimately involved sexual exploitation and
uncompensated labor. In some instances, victims are forcibly
abducted. According to Amerindian representatives, they have
received reports from communities in Region One, a mining area, that
indicate that school children as young as 13 were being used for
prostitution with parental consent. The traffickers tend to be small
business owners.

Persons trafficked to the United States use false documents or
travel as impostors, however, most trans-border trafficking involved
movement without any documents. Guyanese men and women are also
trafficked to the United States for prostitution and forced or
coerced labor. Young Guyanese women who use the services of alien
smugglers while trying to enter the United States are exposing
themselves to rape or assault by the smugglers.


C. An inability to access rural communities in which the majority of
TIP activity occurs, and the costs required to do so in a timely
manner, are major limitations. In addition, the government's
capacity to prosecute cases is limited. At the close of 2006,
Minister of Human Services and Social Security Priya Manickchand
called for speedy trials in TIP cases and urged police to do more to
create the right atmosphere to make people feel more confident in
reporting TIP crimes. She also said that the ministry is preparing a
report on how various agencies can improve their response to TIP
cases. Post does not have substantiated information on corruption as
it specifically relates to trafficking in persons. Last year, the
GOG provided approximately US$30,000 to fund Help and Shelter, a
victim services provider. USAID and UNICEF have also contributed
resources for victim assistance.


D. The MOLHSSS, the designated lead agency in the GOG's anti-TIP
efforts, issued a "Review of Counter Trafficking in Persons
Activities 2004-2005" in January 2006 that included information on
legislation, law enforcement activities, public awareness and
sensitization programs, and victim protection efforts. The report
also included an assessment of challenges and emerging needs that
mainly focused on policing the vast hinterland and reaching out to
Amerindian communities. In addition, the ministry periodically
released activity reports for its Counter Trafficking in Persons
Unit , which included dates, locations, and number of participants
for its public awareness and training efforts.

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PREVENTION:
--------------


A. The GOG continued to recognize trafficking in persons as a
problem and worked with the USG, the IOM, UNICEF and other
stakeholders to combat it. TIP is regularly referenced in
newspapers, and the 2007 budget committed additional funds for
upgrading police programs including the force's ability to address
TIP issues.


B. The Ministry of Labor, Human Services, and Social Security
(MOLHSSS)is the designated lead agency for the GOG's
anti-trafficking efforts. A three-person Counter-TIP Unit within
the MOLHSSS coordinates the GOG's efforts under the supervision of
Minister Priya Devi Manickchand. In addition, the Guyana Police
Force (GPF),the Ministry of Amerindian Affairs, Ministry of Home

GEORGETOWN 00000267 003 OF 007


Affairs, the Forestry Commission, and the Guyana Geology and Mines
Commission (GGMC) actively participate in GOG's anti-TIP efforts.
Together with local non-government organizations, these government
ministries formed a coalition in 2004 that meets to address
trafficking in persons issues.


C. The MOLHSSS has held a series of seminars since July 2004 to
sensitize the public about trafficking in persons. In 2005 the
ministry launched a public awareness campaign that included an
estimated 56 articles in various publications, radio programs, and
meetings with prominent stakeholders in the religious, mining,
business, and local government communities. Most of these
activities have focused on potential victims and victim
identification. In the past year, there have been TIP education
television and radio programs as well. A call-in radio program
addressing TIP issues directed to residents in the Essequibo region
in January resulted in three TIP reports from the region within two
days. Moreover, in anticipation of growing trafficking
vulnerabilities during the Cricket World Cup games scheduled to take
place in Guyana from March 27, 2007, to April 9, 2007, the
ministry's Counter-TIP Unit coordinated a campaign aimed at
businesses located along the main corridor road stretching from the
international airport to Georgetown. (The New Providence Stadium
where the CWC games will be played is located on the same road.)
The Counter-TIP Unit staff handed out brochures and flyers, provided
information on Guyana labor laws and warned business owners that the
ministry would be back to follow-up.


D. In January 2006, the non-governmental organization (NGO) Partners
of the Americas launched a U.S. Department of Labor-funded US$2
million program to combat child labor through education. The
program focuses on re-entry of truant children into the school
system, an awareness campaign to sensitize parents, educators, and
other stakeholders of the worst forms of child labor and the
importance of education. The Government of Guyana has also provided
seed money to families to assist with school expenses, trained
social workers in trafficking awareness, and promoted vocational
education programs to potential trafficking targets. It also
sponsors a domestic violence sensitization and victim assistance
program through Help and Shelter. The domestic violence public
awareness program includes a TIP component. The NGO Red Thread
works with women to improve economic decision-making: efforts that
are generally lauded by the GOG. The GPF works with the Guyana
Human Rights Association (GHRA) to provide human rights training to
officers outside of Georgetown and to new police officers during
their orientation training. GHRA provides the training free of
charge. The government also sponsors microenterprise and sewing and
craft programs to provide income for vulnerable groups.


E. As reported in previous submissions, some NGO relationships with
the GOG are strained, while others are getting stronger. Help and
Shelter enjoys a positive relationship with the MOLHSSS. The
ministry's Counter-TIP Unit referred four victims of trafficking to
Help and Shelter for counseling in 2006. The GHRA collaborates with
the GOG on training and identification, and in April 2006, the GHRA
gave the GPF a new Human Rights Training manual. The GHRA argues
that the GOG should be more proactive in TIP enforcement. Contacts
who represent Amerindian communities have echoed this claim and
report less satisfaction with government responses to the issue,
stating that there are no new visible efforts in the last year
regarding the issue.


F. The GOG's immigration record-keeping system is antiquated, and
the GOG does not make a concerted effort to cull travel patterns for
evidence of trafficking. To Post's knowledge, most of the
trans-border human trafficking activity occurs across the country's
porous borders with Suriname and Brazil, making efforts to screen
for potential trafficking victims along borders extremely difficult.
The Counter-Tip Unit provided training for the Ministry of Home
Affairs to familiarize immigration officers with ways to identify
trafficking victims.


GEORGETOWN 00000267 004 OF 007



G. The Counter-Trafficking in Persons Unit within the MOLHSSS is the
designated government office for TIP concerns, with Technical
Officer, Javed Shadick as the point of contact and Minister Priya
Manickchand as the lead government official in charge. The
Counter-Trafficking in Persons Unit works together with a coalition
that coordinated an education and awareness campaign throughout

2006. In addition, according to the Counter-TIP Unit Technical
Officer, the office is setting up a network that will put troubled
communities in communication via telephone to stay informed on
trafficking issues. All trafficking cases are referred to the GPF's
Criminal Investigative Division. The GPF works closely with the
Mininstry of Labor, Human Services and Social Security to provide
care to victims of trafficking. Guyana does not have a public
corruption task force.


H. As reported in previous years, the GOG has a national plan of
action to address TIP. The GOG, under the auspices of the Ministry
of Human Services and Social Security, consulted the GPF, the GGMC,
the Ministry of Amerindian Affairs, the Women's Affairs Bureau, Red
Thread, the GHRA, Help and Shelter, Ribbons of Life, a variety of
local women's rights groups, and the International Organization for
Migration to develop the plan. The National Plan of Action included
a nationwide public awareness campaign. MOLHSSS estimates that
roughly 4,400 participants have attended the town-hall type meetings
in each of Guyana's 10 regions. The MOLHSSS worked with the IOM to
train 416 trainers from all of the regions to return to their
communities and raise awareness. The National Assembly passed the
Combating of Trafficking in Persons Bill on December 13, 2004, as
part of the plan. According to the Counter-Trafficking in Persons
Unit, the office is looking to create an updated plan that will
incorporate the latest community telephone networking proposal.

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INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------


A. The Combating of Trafficking in Persons Act became law in 2005.
In addition, perpetrators who kidnap or lure victims for purposes of
sexual exploitation may be charged under Guyanese Criminal Law
Chapter 8.01, Section 87 (forced detention-sex) and sections 72 and
73 (procurement). There is no new legislation to report this year.


B. Those traffickers convicted on summary judgment(lesser offenses)
are subject to prison terms of 3-5 years. Traffickers convicted on
indictment (more serious offenses) are subject to prison terms of 5
years to life imprisonment. All convicted traffickers are subject
to confiscation of property used or gained during the course of the
crime and would be ordered to pay restitution to victims.

In addition, convicted traffickers face:

-two additional years imprisonment if the person used, threatened to
use, or caused another to use or threaten to use a dangerous
weapon;
-five additional years imprisonment if the victims suffers a serious
bodily injury or if the crime involves sexual assault;
-five additional years imprisonment if the trafficking victim was
exposed to life threatening illness or was forced into any addiction
to drugs and/or medication;
-ten additional years imprisonment if the victim suffers a permanent
or life-threatening injury;
-three additional years imprisonment if the crime was organized by
an organized criminal contingent;
-four additional years imprisonment if the crime resulted from abuse
of power or a position of authority.


C. Punishment of Labor Trafficking Offenses carries the same
penalties as trafficking for sexual exploitation.


D. Guyanese criminal law calls for life imprisonment for rape, five
years for sexual assault, and ten years for forced detention for
purposes of sexual exploitation. However, judges have discretion in

GEORGETOWN 00000267 005 OF 007


sentencing with 5 to 10 years imprisonment being the trend. This
compares to a possible sentence of 5 years to life under the TIP
Act.


E. Prostitution, including the activities of the prostitute and the
brothel owner/operator, clients, and pimps, are illegal in Guyana,
but these laws are rarely enforced. In a case of sporadic
enforcement, in September 2006, five Brazilian dancers were charged
with performing indecent acts at a local nightclub. Some of the
dancers were not able to present passports showing they were in
Guyana legally. Later in the month, the owner of the club was
charged with not having the requisite music and dancing licenses.
According to the Office of Public Prosecution, the charges were
dismissed against the women for want of prosecution. The National
Assembly passed the Age of Consent Bill in October 2005, raising the
age of consent from thirteen to sixteen years of age.


F. To date, the government has secured no convictions under the
Trafficking in Persons Act. Based on information provided by the
MOLHSSS and the GPF, Post is aware of 12 people who have been
charged under the act. Two cases were dismissed for want of
prosecution, and the other cases are still pending before the
excruciatingly slow Guyanese judicial system. Note: Often a
dismissal for "want of prosecution" indicates that the victim did
not attend the court hearing or the police failed to show. There
were 27 TIP investigation reports filed since the government began
tracking the issue in 2005.


G. Reports suggest traffickers are independent business people who
typically lure victims into employment at their enterprises.
Several recent arrests have involved cases where a business person
collaborated with residents of rural areas who trafficked women from
their community. Post has no reliable information on the direct
involvement of government officials.


H. According to the GPF, the police are not using electronic
surveillance techniques. The main problem affecting investigations
is the difficulty of gathering evidence in interior regions and the
expense of those investigations. Also the ability of victims to keep
court appointments also hinders prosecution.


I. Police officers have attended the MOLHSSS's training sessions on
TIP identification. In June 2006, six police officers and two
employees from the Counter-TIP Unit within the Ministry of Human
Services and Social Security participated in a two-week trafficking
in persons training program in the Bahamas organized by the
International Organization for Migration. However, contacts in the
rural Rupununi region report that the police have little familiarity
with recognizing or prosecuting TIP cases. In addition, rural
magistrates are unfamiliar with the intricacies of TIP
investigations. The Minister Manickchand is pursuing a proposal with
the Chief Justice that would allow a magistrate in Georgetown to be
the designated judicial official for TIP prosecutions.


J. In previous years, the ministry has worked cooperatively with
Barbados authorities to foil trafficking. The ministry also works
closely with the Brazilian Embassy in Georgetown to obtain
information on potential Brazilian TIP victims. The previous year's
submission referenced links with Suriname officials established in
the wake of the discovery of women being trafficked into that
country from Guyana. According to the point of contact with the
MOLHSSS Counter-TIP Unit, in 2006, a young Guyanese woman answered
an ad for domestic help in Trinidad. In Trinidad, the employer took
her documents, did not compensate her and the job differed from what
was advertised. When she complained, the employer sent her to
Barbados (instead of Guyana) where she was deported back to Guyana
at the point of entry. The Counter-Tip Unit of MOLHSSS is working
with the Guyana Police Force and the case is ongoing.


K. Guyana does not have a legal restriction on the extradition of
its nationals. To date, Post is unaware of any requests to Guyana
from other countries for extradition of suspects to face trafficking

GEORGETOWN 00000267 006 OF 007


in persons charges.


L. There is no reliable evidence of government involvement in or
tolerance of trafficking, on a local or institutional level. The
IOM's study does include one interview where an informant alleged
that people are afraid to report trafficking to the police because
the police in turn inform the proprietors where they received the
information (See below). On a broader level, weak institutions and
corruption have traditionally aided and abetted migrant smuggling in
Guyana.


M. The quality of the police force is at question: The director of
public prosecution noted that in 2006 an Amerindian woman notified
the police that her daughter was missing and that she had heard the
daughter was working at a restaurant. The police officer went to the
shop, found the girl, but instead of taking action, accepted a bribe
from the owner of the restaurant and did nothing. The police officer
was charged with corruption and the shopowner was also charged as
the girl was not receiving money for her work.


N. Guyana is not known to be a destination for child sex tourism.


O. Guyana ratified ILO Convention 182 on January 15, 2001. Guyana
ratified ILO Convention 29 and 105 on June 8, 1966. Guyana has not
signed the Optional Protocol to the Convention on the Rights of the
Child (CRC) on the Sale of Children, Child Prostitution, and Child
Pornography or the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children.

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PROTECTION AND ASSISTANCE TO VICTIMS:
--------------


A. The MOLHSSS provided funding to renovate Help & Shelter's victim
shelter, which reopened in late 2005. In addition, the MOLHSSS's
Counter-TIP unit refers cases to probation officers who can make
referrals for additional services. Help and Shelter also has a
directory of relief services. According to the IOM, there is no
legislation offering alternative treatment for illegal migrants
where abuse is suspected.


B. The MOLHSSS provided GY$6 million (US$30,000) to Help and Shelter
to renovate its shelter in 2005. The 2007 budget included GY$1
million(US$5,000) for Help and Shelter.


C. The MOLHSSS refers cases to Help and Shelter or Amerindian
hostels. In 2006, the ministry referred four victims to Help and
Shelter for counseling. Post notes that the intake forms at the
shelter do not specifically inquire whether the client is a TIP
victim, but the shelter's coordinator says that such information is
usually indicated in the case notes. Children are typically returned
to their parents.


D. Much of the training for police officers has addressed treating
victims with respect. Post reported in its 2005 submission that some
trafficking victims from Suriname were detained for immigration
violations. Post has not received additional reports of such
incidents.


E. There are no known restrictions on material witnesses' freedom of
movement. The GOG does not have a victim restitution program, and,
while victims have the legal right to file a civil suit against a
perpetrator, this has not been tested. Most cases take so long to
prosecute that they die out before a judgment is rendered.


F. Help and Shelter has a secret location where victims can be
sheltered while their case is prosecuted. In addition to housing,
the shelter provides counseling and medical services.


G. Government officials have attended the MOLHSSS's workshops on TIP
prevention as well as those held by IOM. In addition, two ministry
representatives and representatives from two NGOs have attended

GEORGETOWN 00000267 007 OF 007


overseas seminars hosted by IOM. The GOG has not engaged its
handful of overseas missions and consulates in TIP matters.


H. When the MOLHSSS encounters such cases, it refers the victims to
Help and Shelter as well as to the social workers in the ministry's
Counter-TIP Unit. The GOG also provides medical attention, housing,
and repatriation allowances to victims. In the past, repatriated
victims have been provided with housing at the Amerindian Hostel in
Georgetown before receiving funds to return to their communities.


I. Help and Shelter opened its shelter in late 2005. In addition,
Red Thread and GHRA work with victims of domestic abuse, HIV/AIDS,
the sex trade, and trafficking victims. They provide HIV/AIDS
testing, counseling, and shelter. While most NGOs have not as yet
worked directly with trafficking victims, all have expressed their
willingness to do so. USAID, UNICEF and the IOM have assisted these
efforts.


2. Embassy Georgetown's point of contact is Nancy E. Long,
Economic/Commercial Officer, telephone (592)226-4309, IVG 747-0220,
fax (592) 227-0240. This report was drafted in 8 hours and related
investigation and meetings involved 24 hours.


ROBINSON