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