TENTH ANNUAL TRAFFICKING IN PERSONS ASSESSMENT - GUYANA

UNCLAS GEORGETOWN 000078

SENSITIVE
SIPDIS
G/TIP - AMY ROFMAN
G - LAURA PENA
WHA/PPC - SCOTT MILLER

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

REF: 10 STATE 002094


1. (U) The following is Embassy Georgetown's submission of
information requested in reftel for the 2010 Trafficking in Persons
(TIP) Report.




2. (SBU) GUYANA'S TIP SITUATION:




A. Sources of information available include: the Guyanese media;
the Ministry of Home Affairs; the Ministry of Labor, Human Services
and Social Security; the Director of Public Prosecutions (DPP); the
Guyana Police Force (GPF); the victim's assistance NGO Help and
Shelter; the local office of the U.S.-based NGO Catholic Relief
Services; and the International Organization for Migration (IOM).



All of these sources have some degree of reliability when it comes
to reporting on TIP, but none can be considered authoritative.




B. The majority of the 22 reported TIP cases in Guyana since 2006
were internal trafficking. There were four alleged trafficking
cases involving Guyanese lured to neighboring countries and two
reported cases of foreign citizens trafficked into Guyana during
that time. There is no discernable pattern or single destination
for trafficking victims within the country; cases have been found
at various locations along the coast (where ninety percent of the
country's population lives),as well as inland.




C. Trafficking cases generally involve forced prostitution, forced
domestic labor, or both in locations far from victims' home
community. Victims are generally forced to work in a
bar/restaurant, and have no capacity to return to their home or
place of origin, principally due to lack of funds.




D. The demographic group most vulnerable to trafficking is young
Amerindian women/girls, although trafficking cases have also
involved women from the country's predominant Indo-Guyanese and
Afro-Guyanese communities. Amerindians constitute approximately ten
percent of Guyana's population and are largely concentrated in the
country's interior. Due to poverty and a lack of local economic
opportunity, Amerindian women/girls are among the most likely to be
lured by false promises of a better job elsewhere.




E. There are no indications of organized human trafficking rings
or criminal enterprises involving internal trafficking cases. All
reported cases have involved instances whereby an individual or
couple has lured or trapped a single victim. Sources indicate that
victims from the interior are brought to the coast individually,
not in groups. The few cases of victims trafficked to or from other
countries also appear as isolated cases rather than involving any
organized criminal syndicates.




3. (SBU) SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:




A. The Government of Guyana (GoG) acknowledges that human
trafficking exists and that although few in number, any amount is
unacceptable.




B. The Ministry of Home Affairs (MoHA) is the lead GoG agency for
combating TIP, with Minister Clement Rohee serving as Chair of the

government's National Task Force for Combating Trafficking in
Persons. MoHA, which also is the agency in charge of the Guyana
Police Force (GPF),is responsible for handling the law enforcement
side of TIP. The Ministry of Labor, Human Services, and Social
Security (MOLHSSS),led by Minister Priya Manickchand, is the lead
agency for victim-related issues. The GPF, the Ministry of
Amerindian Affairs, and the Ministry of Education participate in
the task force. The task force also includes interested local
non-government organizations.




C. Guyana's legal system is dysfunctional. Ten justices and 20
magistrates deal with a growing backlog of some 13,000 cases.
Accused criminals generally wait two to three years for a judgment,
their case perpetually delayed by backlogs, incorrectly filed
paperwork, and/or the failure for a key party to appear at a
hearing. The court keeps its records manually in hardcopy, and
magistrates and justices take their own notes longhand in order to
write up the decision later. Defendants regularly bribe court
officials for favorable rulings, sometimes contrary to pressure
from the public and GoG.



Under Guyanese law, the President and Opposition Leader must agree
on a Chancellor to head the judiciary. The two parties have not
been able to compromise on a Chancellor, leaving an acting
Chancellor in place since 2005. While this system helps preserve
the judiciary's independence, it limits what the GoG can do to
reform the system.



It is unclear whether the judiciary's dysfunction stems more from
the acting Chancellor's unwillingness to address the system's
weaknesses, or his inability to do so. Low public sector wages and
severe brain drain make it difficult to retain competent and honest
officials. The ruling party and opposition mistrust each other and
members of Parliament place the political interests of their party
before supporting a Chancellor capable of meaningful reforms. The
Guyanese public has long accepted the ineffectiveness of the
judicial system, and holds out little hope that the government and
opposition can come together to fix it any time soon. Ongoing donor
community efforts to improve efficiency have made halting progress.
In August 2009 a law went into effect limiting how long cases can
languish before a ruling, but has so far produced few measurable
results. In 2010 the GoG, as part of USAID's Governance and
Democracy program, will begin a five year project to improve the
court's performance, though its success is far from certain.



Comment: The structural deficiencies of the judicial system in
Guyana and the GoG's inability to reform it without whole-hearted
support from the Opposition are the major impediments to obtaining
convictions in trafficking cases. Post believes that the GoG is
making a good faith effort to obtain convictions in TIP cases as
evidenced by their actions in paragraph 5J. The problem lies in the
GoG's inability to obtain any type of timely conviction in their
system. End Comment.




D. The government's task force monitors the government's anti-TIP
efforts, and in 2008 produced a public report on the GoG efforts to
fight the scourge. The GoG is preparing another such report for
release in 2010.




E. All births in Guyana must be registered in a central registry.
The government requires a birth certificate to obtain a passport
and also for a child to enroll in school. In the past year, the GoG
has completed a voter registration drive. All those deemed eligible
to vote will receive registration cards, which also serve as
official photo identification.


F. Given that the GPF is the sole law enforcement body in Guyana,
the country's small population, and the few known cases of TIP, the
government can relatively easily collect data on law enforcement
efforts to fight TIP.




4. (SBU) 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. Traffickers convicted on summary judgment (lesser offenses) are
subject to prison terms of three to five years. Traffickers
convicted on indictment (more serious offenses) are subject to
prison terms of five 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.




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 sentencing, with five to ten years imprisonment being
the trend. This compares to a possible sentence of five years to
life under the TIP Act.




E. MoHA reported four new investigations initiated during the
year. None of those cases led to prosecutions. In one case the
alleged victim declined to serve as a witness. Two cases involved
foreign victims who were repatriated at their request and thus
would not testify against the alleged perpetrators, all of whom
have reportedly left Guyana's jurisdiction. The fourth case
involved an alleged trafficker based in Trinidad.



Four prosecutions begun in previous years continued, though none
made significant progress and GoG obtained no convictions. All
trafficking prosecutions are based on the 2005 law cited in section

4 above. To date, no trafficking convictions have been obtained.




F. MoHA conducted two training programs for police prosecutors and
investigators and immigration officers during the reporting period.
The International Organization for Migration (IOM) collaborated on
the second program. The training covered victim identification and
screening, potential challenges faced in investigating and
prosecuting traffickers, and inter-agency and community
collaboration, among other subjects. The GoG aimed to improve the
GPF's evidence collection, case management, prosecution, and
strengthen border control to detect human trafficking. 120 GoG
officials received this training.




G. The GoG coordinated with authorities in Brazil and Trinidad and
Tobago regarding specific incidents of TIP. It sought to cooperate
with Venezuela regarding the alleged trafficking of a Venezuelan
citizen, but the Venezuelan Embassy declined to engage.




H. The GoG has not been asked to extradite any individuals for
alleged TIP offenses, nor has it sought the extradition of alleged
TIP offenders from other countries.




I. There have been no reports of direct involvement in trafficking
cases on the part of government officials in recent years, nor is
there any evidence that government officials condone or tolerate
TIP on an institutional level.




J. Not applicable, based on answer provided in previous paragraph.




K. Guyana does not currently contribute troops to international
peacekeeping missions.




L. There have been no reports of child sex tourism in Guyana.




5. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS:




A. The 2005 Combating Trafficking law gives the government wide
authority to provide assistance to TIP victims, and offers both
victims and potential witnesses protection from reprisals. In
alleged or confirmed trafficking cases, the government has provided
social assistance to the victims, including in emergency
situations. The Difficult Circumstances Unit of the Ministry of
Human Services serves victims of trafficking. In most cases, a
victim is given financial support to travel to and from court
hearings; if displaced, the Unit arranges for accommodation at a
shelter through a local NGO and provides meals and clothing for the
alleged victim. The Unit also provides a probation officer who
accompanies the victim to court hearings and in a specific instance
has gone so far as to hire a lawyer for the victim. In addition,
the Unit has arranged occupational training and other assistance to
address the economic circumstances of the victims' family.




B. The country's foremost shelter for victims of domestic
violence, Help and Shelter, is also a shelter for TIP victims, and
receives a government subsidy. In 2009, the GoG contributed $45,000
for Help and Shelter's assistance shelter, which equaled 2008
funding levels. Foreign victims have the same access to care as
Guyanese victims.


C. The government provides medical and counseling services to TIP
victims through the Ministry of Human Services as needed in
individual cases.




D. The GoG provides equivalent social benefits and protection to
foreign victims.




E. As noted in paragraph 5A, when circumstances warrant the GoG
does provide social assistance to help TIP victims reintegrate.




F. When a possible TIP victim is detained or discovered, generally
by members of the GPF, the Ministry of Human Services anti-TIP unit
is contacted in order to provide assistance or make other
appropriate arrangements for the victim. This often involves
facilitating temporary residence at a shelter.




G. The GoG identified four new cases of trafficking during the
reporting period. In the first case, a Guyanese boy was trafficked
to Trinidad for labor exploitation. In the second, a Venezuelan
woman was brought to Guyana for labor exploitation. In the third
case, a Guyanese girl was taken to a mining community for sexual
exploitation. In the final case, a Colombian woman was trafficked
to Guyana for undetermined reasons. The GoG provided social
services and support for victims in all cases and facilitated their
return to their home communities. Guyanese victims participated in
a reintegration program, and IOM and the GoG assisted in the
repatriation of the two foreign victims.




H. The GoG seeks to identify possible trafficking cases through
its focal points, a network of community leaders who proactively
identify TIP cases in high-risk communities and refer potential
victims to the GoG for assistance. The Ministry of Labor also
conducts spot workplace inspections, and representatives from the
Ministry of Human Services visit brothels and areas of known
prostitution to look for signs of trafficking. The GoG has
continued to sensitize police and probation officers to TIP and has
received referrals from them.




I. The GoG respects the rights of victims. Two foreign victims
were detained prior to their identification as victims of
trafficking. However, once prison officials identified the women as
potential trafficking victims, the GoG dropped any pending charges
against them and the Ministry of Human Services extended
assistance. No TIP victims were fined or prosecuted for any
violations.




J. The government encourages victims to assist in the
investigation and prosecution of traffickers. The Ministry of Human
Services pays to transport victims from their homes to the relevant
jurisdiction for legal proceedings against the alleged
perpetrators. In one case they hired a private lawyer for the
victim. Nonetheless, no victims elected to press charges during the
reporting period. Victims sometimes refuse to testify for fear of
eventual reprisal, or they stop showing up in court due to the
numerous and often arduous trips necessary to see a case to
conclusion. The 2005 law provides victims opportunities to seek
legal redress against perpetrators, including through restitution,
although this avenue has not been tested in practice. There are no
restrictions on material witnesses' freedom of movement.




K. As noted in paragraph 4F, the GoG and IOM-provided anti-TIP

training to 120 police officers, public prosecutors, and customs
officials in 2009. Guyanese efforts to combat TIP have not extended
to their embassies overseas.




L. As noted in paragraph 5A, the government did provide
substantial aid to a Guyanese trafficking victim in Trinidad and
Tobago, including financial support and reintegration assistance.




M. The local NGOs Help and Shelter, cited above, and Red Thread
work with trafficking victims. Both have experienced generally
positive cooperation with authorities in TIP cases. Help and
Shelter reported it has not received any requests for assistance
from a TIP victim since 2007. (By contrast, Help and Shelter
reported that it handled 471 domestic violence cases in 2009.) IOM
also works closely with the GoG and provides financial support and
expertise for training and victims' assistance.




6. (SBU) PREVENTION:




A. The GoG continued a nationwide series of awareness and
sensitization exercises. The Ministry of Human Services printed
posters and bumper stickers to distribute at large public
gatherings, in particular the annual rodeo that takes place each
April near the Brazilian border. The government also included Human
Trafficking Awareness as part of its Health and Family Life
Education programs for in-school youths in hinterland communities.
The GoG ensured that all focal point members had TIP identification
cards to distribute to at-risk populations. The number of people
reached is believed to be in the thousands.




B. As noted in paragraph 4F, the GoG trains immigration officials
to identify TIP. It does not specifically monitor immigration or
emigration trends for evidence of trafficking.




C. As noted in paragraph 3B, the interagency National Task Force
for Combating Trafficking in Persons is the primary means for
formal coordination, although the TIP units within the GPF and
Ministry for Human Services exchange information on a regular
basis.




D. The government produced a National Plan to Combat Trafficking
in Persons in 2005. A number of the endeavors it has undertaken
stem from its proposals. The government is currently assembling a
new action plan that will address anti-TIP activities in coming
years.




E. Since 2005, the government has undertaken numerous and
consistent advertising campaigns directed at promoting the "ABCs"
(Abstinence, Being Faithful, using a Condom). This is done in the
context of promoting HIV/AIDS awareness, although the message of
making smart decisions about sexual activity is also relevant to
reducing demand for commercial sex acts.




F. With a per capita income of approximately $1,200, Guyana is
widely assumed to not have a problem with its nationals
participating in international sex tourism, nor has any such
information ever been reported. Accordingly, the government has not
taken measures to reduce such participation.


G. As noted in paragraph 4K, Guyana does not contribute troops to
international peacekeeping efforts.




7. International Commendable Initiatives




A. During the reporting period the GoG continued to implement and
strengthen networks of local leaders in at-risk communities to
identify TIP victims and serve as a key link between vulnerable
populations and the National Task Force on Trafficking in Persons.
In these 'focal point' networks, the GoG brings together and trains
trusted community leaders such as doctors, teachers, local law
enforcement, social workers, NGOs, and others for signs of TIP. The
local focal points meet regularly to discuss trends and how to
strengthen vulnerabilities that make communities susceptible to
TIP. By using respected leaders already in the community, the
Ministry of Human Services and the TIP Task Force can amplify its
anti-TIP efforts to proactively locate and identify TIP victims and
take measures to prevent trafficking.



The idea to establish a network of focal points to combat TIP
originated within the GoG and was included in the 2005 National
Plan outlining Guyana's TIP strategy. At the impetus of Guyana's
new Minister of Human Services and with the assistance of IOM, the
GoG established the first focal points in 2008 to work within most
high-risk communities, including the mining districts. The GoG
continued to train and organize focal point networks in all ten
regions in 2009.



This system has already shown dividends. In December 2008, a
concerned family approached one of the community leaders in a
coastal village concerned that someone had kidnapped their
daughter. The focal point member reported the information to the
focal point group, which set off a coordinated effort between the
Ministry of Human Services and the police that resulted in
identifying and locating the child on the opposite side of the
country. The couple who took the girl has been charged with
trafficking in persons and their case remains in court.




8. (SBU) Embassy Georgetown's point of contact is Ken Reiman,
Political/Economic Officer, FS-03, telephone (592)225-4900, ext.
4214, IVG 747-4214, fax (592) 227-0240. This report was drafted in
20 hours; related investigations and meetings involved 60 hours.



End text.
WILLIAMS