EIGHTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 02 GEORGETOWN 00148

SIPDIS

G/TIP
G
INL
DRL
PRM

WHA/PPC - SCOTT MILLER

SENSITIVE

SIPDIS

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

REF: STATE 2731


1. (SBU) The following is Embassy Georgetown's submission of
information requested in reftel for the 2008 Annual Trafficking in
Persons Report. After a full review of the available information,
Post has found that Guyana is not/not a country of origin, transit,
or destination for a "significant" number of victims of severe forms
of trafficking, as spelled out in reftel and in the TVPA of 2000.
Post accordingly responds in this cable only to the relevant
questions in reftel, as identified in reftel paragraph #8.


2. (SBU) Begin text:

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Overview of country's activities to eliminate trafficking in
persons
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A. All available information shows that Guyana is not/not a country
with a significant number of victims of severe forms of trafficking.
Sound statistical data is virtually nonexistent, other than cases
specifically reported, either through a police complaint or
self-identification to human service providers. No surveys that are
thorough, unbiased, and based on current information are known to
exist. The local NGO Help and Shelter, which principally assists
victims of domestic and sexual abuse but also provides assistance to
trafficking victims, reported that for all of 2007, only two
individuals who approached the shelter were potential victims of
trafficking.

Sources of information used to compile this report include the
Guyanese media, the Ministry of Labor, Human Services and Social
Security (M0LHSSS),the Director of Public Prosecutions (DPP),the
Guyana Police Force, the victim's assistance NGO Help and Shelter,
the US-based NGO Catholic Relief Services, the Guyana Human Rights
Association (GHRA),Red Thread, IOM, and members of Parliament
representing both the government and the opposition.


B. After visiting more than fifty communities in all ten
administrative regions of the country, and conducting
awareness-raising programs that have reached more than 5,000
Guyanese citizens, the Minister for Human Services could find no
discernable degree of TIP in Guyana. Almost all exploitation
observed or described both to the Ministry and to other embassy
sources involves the voluntary performance of labor.


C. The Ministry of Labor, Human Services, and Social Security
(MOLHSSS) is the designated lead agency for the GOG's anti-TIP
efforts. A Counter-TIP Unit within the MOLHSSS coordinates the
GOG's efforts under the supervision of Minister Priya Manickchand.
In addition, the Guyana Police Force (GPF),the Ministry of
Amerindian Affairs, Ministry of Home 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 form a
coalition that meets to address TIP issues.


D. Government officials acknowledge that TIP cases do occur in
Guyana, and in addition to awareness-raising campaigns the
government continues efforts to prosecute traffickers and assist
victims. Guyana is a country the size of Idaho, mostly covered in
dense forest, and hosts an approximate population of a mere 750,000
- 90 percent of which lives along the coast. The government's
recently released annual budget was its largest ever - a paltry $600
million. Combined with the absence of a serious TIP problem, the
government's attention and modest resources will by necessity be
directed towards a host of other security-related challenges.


E. The government has been fully transparent both with the embassy
and with other external sources in providing data and discussing TIP
policy, and is fully willing to address TIP cases that come to its
attention. In addition, the ministry periodically releases activity
reports for its Counter Trafficking in Persons Unit, which include
dates, locations, and number of participants for its public
awareness and training efforts. However, evaluating progress in
attacking a problem that does not meaningfully exist is, of course,
impossible.

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GEORGETOWN 00000148 002 OF 002


Investigation and prosecution of traffickers
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F. 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.


G. 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 could 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.


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


I. 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
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.


J. 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. The National Assembly passed the
Age of Consent Bill in 2005, raising the age of consent from
thirteen to sixteen years of age.

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Protection and assistance to victims
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K. The government's 2008 national budget includes GY$5 million
(US$25,000) for the Help & Shelter's victim assistance shelter,
which serves trafficking victims. Only two such victims came to
Help and Shelter in 2007.


L. The government does encourage victims to assist in the
investigation and prosecution of trafficking cases, but victims
often refuse to testify, presumably for fear of eventual reprisal.
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. There are
no known restrictions on material witnesses' freedom of movement.

End text.


3. (SBU) Embassy Georgetown's point of contact is Rolf Olson,
Political/Economic Officer, FS-03, telephone (592)225-4900, ext.
4214, IVG 747-4214 , fax (592) 227-0240. This report was drafted in
6 hours and related investigations and meetings involved 20 hours.

WILLIAMS