GUYANA -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS STATE 060549

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG GY
SUBJECT: GUYANA -- 2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE

REF: (A) STATE 59732 (B) STATE 005577


1. This is an action cable; see paras 5 through 7 and 10.


2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.


3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of Guyana of its tier ranking and the TIP Report's imminent
release. The text of the TIP Report country narrative is
provided, both for use in informing the Government of Guyana
and in any local media release by Post's public affairs
section on June 16 or thereafter. Drawing on information
provided below in paras 8 and 9, Post may provide the host
government with the text of the TIP Report narrative no
earlier than 1200 noon local time Monday June 15 for WHA, AF,
EUR, and NEA countries and OOB local time Tuesday June 16 for
SCA and EAP posts. Please note, however, that any public
release of the Report's information should not/not precede
the Secretary's release at 10:00 am EDT on June 16.


4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.


5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of Guyana of the
June 16 release of the 2009 TIP Report, drawing on the points
in para 9 (at Post's discretion) and including the text of
the country narrative provided in para 8. For countries
where the State Department has lowered the tier ranking, it
is particularly important to advise governments prior to the
Report being released in Washington on June 16.


6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.


7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.


8. Begin Final Text of Guyana,s country narrative in the
2009 TIP Report:

--------------
Guyana (Tier 2 Watch List)
--------------

Guyana is a source country for men, women, and children
trafficked for the purposes of commercial sexual exploitation
and forced labor. Guyanese trafficking victims have been
identified within the country, as well as in Barbados,
Brazil, Trinidad and Tobago, and Suriname. The majority of
victims are trafficked internally for sexual and labor
exploitation in the more heavily populated coastal areas and
in the remote areas of the country,s interior. Women and
girls are lured with offers of well-paying jobs, and are
subsequently exploited and controlled through threats,
withholding of pay or insufficient pay, and physical
violence. In coastal areas, traffickers promise rural women
and girls jobs as domestic servants, then coerce them into
working in shops or homes for little or no pay, or sell them
to brothels. Many trafficking victims along the coast are
Amerindian teenagers, targeted by traffickers because of poor
education and job prospects in their home regions.
Indo-Guyanese and Afro-Guyanese girls, however, have also
been trafficked for commercial sex and labor. Guyanese men
are trafficked transnationally for forced labor in
construction and other sectors in Trinidad and Tobago and
Barbados.


The Government of Guyana does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. Despite
these overall efforts, the government did not show evidence
of progress in prosecuting and punishing acts of trafficking;
therefore, Guyana is placed on Tier 2 Watch List. Although
the government enhanced its assistance to victims, augmented
training for law enforcement officials, and initiated a
nationwide network of community focal points for victim
identification and criminal investigations, the government
has not yet convicted and punished any trafficking offenders
under its 2005 anti-trafficking law.


Recommendations for Guyana: Vigorously investigate and
prosecute trafficking offenses, and seek convictions and
punishment of trafficking offenders; proactively identify
trafficking victims among vulnerable populations such as
women and children in prostitution; protect trafficking
victims throughout the process of criminal investigations and
prosecutions; assign more judges and court personnel to
handle trafficking cases in the country,s interior regions;
and expand anti-trafficking training for police and
magistrates.

Prosecution
--------------
The government made negligible law-enforcement progress
against human trafficking over the last year. The Combating
Trafficking of Persons Act of 2005 prohibits all forms of
trafficking and prescribes sufficiently stringent penalties,
ranging from three years, to life imprisonment, and which
are commensurate with those for rape and other grave crimes.
In the past year, trafficking investigations increased from
six in 2007 to eight. One prosecution was initiated last
year, and the one case opened in 2007 continued throughout

2008. Police investigated reports of girls and women
exploited in prostitution in cities. Legal cases against
alleged trafficking offenders usually did not progress
through the trial phase, as charges against most suspects are
dropped prior to or during prosecution. In 2008, magistrates
continued to dismiss charges in trafficking cases, usually
citing a lack of evidence or failure of the witness to appear
for testimony. In October 2008, a judge dismissed the
charges against a woman arrested in September 2006 for
subjecting a 15-year old girl to commercial sexual
exploitation, claiming the police &had not done proper
investigations8 in the intervening two years. Judicial
proceedings are regularly delayed by shortages of trained
court personnel and magistrates, postponements, and the
slowness of the Guyanese police in preparing cases for trial.
The Guyanese police in 2008 instituted a mandatory full-day
training session on human trafficking for senior and
mid-level investigative officers.

Protection
--------------
The Government of Guyana made significant efforts to assist
victims during the reporting period. The government did not
operate shelters for trafficking victims, but doubled its
funding to an NGO that provided shelter, counseling, and
medical assistance to victims of domestic violence; the
shelter was also accessible to victims of trafficking, though
no trafficking victims sought assistance from the shelter in

2008. NGOs working directly with trafficking victims report
that although the government offers a number of useful
services to victims, the system by which it provides these
services does not function as effectively as it should. The
government provided travel funds to facilitate the return to
Guyana of Guyanese trafficking victims from other countries;
it also provided vocational training, financial assistance,
and medical attention to these victims to assist with their
reintegration. The government did not support victim services
outside the capital, and those services remained inadequate.
Guyana,s laws generally respected the rights of trafficking
victims, and although the law did not provide legal
alternatives to the removal of foreign victims to countries
where they face hardship or retribution, no cases of such
removals were reported in 2008. There were no reports of
victims being penalized for crimes committed as a direct
result of being trafficked during the year. Guyanese
authorities encouraged victims to assist in the investigation
and prosecution of their traffickers, and paid for all costs
associated with travel from a victim,s home to the location
of a hearing or trial, including transportation, meals, and
lodging. Nonetheless, some victims chose not to testify due
to the travel distance and time involved, long delays in the
judicial system, or their fear of reprisal from traffickers.
In June 2008, the multi-agency task force on trafficking in
persons established focal points in communities around the
country to help identify and refer possible trafficking
victims to assistance organizations, as well as to help with
investigations and raise public awareness.

Prevention
--------------
The government undertook some prevention efforts during the
reporting period. The government continued some educational
and awareness-raising activities on trafficking. The
government trained 100 people designated as community &focal
points8 on identifying and reporting potential TIP cases in
eight of the country,s ten administrative regions. It also
continued to implement IOM,s trafficking information
campaign, which includes posters, brochures, public service
announcements, and a hotline. Within the context of its
promotion of HIV/AIDS awareness, the government made efforts
to reduce consumer demand for commercial sex acts.

--------------



9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:

(begin non-paper)

-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards set forth in
the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the
United Nations Convention against Transnational Organized
Crime (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.

-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.

-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 ) or if they have been
placed on the Tier 2 Watch List.

-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, the TVPRA of 2008
contains a provision requiring that a country that has been
included on Tier 2 Watch List for two consecutive years after
the date of enactment of the TVPRA of 2008 be ranked as Tier

3. Thus, any automatic downgrade to Tier 3 pursuant to this
provision would take place, at the earliest, in the 2011 TIP
Report (i.e., a country would have to be ranked Tier 2 Watch
List in the 2009 and 2010 Reports before being subject to
Tier 3 in the 2011 Report). The new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.

-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.

-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion."

-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.

-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June

16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.

(end non-paper)


10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.


11. The following is press guidance provided for Post to use
with local media.

Q1. Why is Guyana given a ranking of Tier 2 Watch List
again?


A. The Government of Guyana does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. Despite
these overall efforts, the government did not show evidence
of progress in prosecuting and punishing acts of trafficking;
therefore, Guyana is placed on Tier 2 Watch List. Although
the government enhanced its assistance to victims, augmented
training for law enforcement officials, and initiated a
nationwide network of community focal points for victim
identification and criminal investigations, the government
has not yet convicted and punished any trafficking offenders
under its 2005 anti-trafficking law.

Q2. What is the nature of the trafficking situation in
Guyana?


A. Guyana is a source country for men, women, and children
trafficked for the purposes of commercial sexual exploitation
and forced labor. Guyanese trafficking victims have been
identified within the country, as well as in Barbados,
Brazil, Trinidad and Tobago, and Suriname. The majority of
victims are trafficked internally for sex and labor
exploitation in the more heavily populated coastal areas and
in the remote areas of the country,s interior. Women and
girls are lured with offers of well-paying jobs, then
subsequently exploited and controlled through threats,
withholding of pay or insufficient pay, and physical
violence. In coastal areas, traffickers promise rural women
and girls jobs as domestic servants, then coerce them into
working in shops or homes for little or no pay, or sell them
to brothels. Many trafficking victims along the coast are
targeted by traffickers because of poor education and job
prospects in their home regions. Guyanese men are trafficked
transnationally for forced labor in construction and other
sectors to Trinidad and Tobago and Barbados.

Q3. How can Guyana show progress in its anti-trafficking
efforts?


A. The government could: vigorously investigate and
prosecute trafficking offenses, and convict and punish
trafficking offenders; proactively identify trafficking
victims among vulnerable populations; protect trafficking
victims throughout the process of criminal investigations and
prosecutions; assign more judges and court personnel to
handle trafficking cases in the country,s interior regions;
and expand anti-trafficking training for police and
magistrates.


12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON