IN response to the United States (US) State Department’s 2014 report on the Trafficking In Persons (TIP) situation in Guyana, Minister of Human Services and Social Security, Jennifer Webster during a press conference hosted by the Ministry of Home Affairs at its Brickdam Boardroom, Georgetown, said that the Task Force is deeply concerned that once again the report has not reviewed Guyana fairly and therefore attracts little merit on the part of the Government of Guyana. 

At the time, she was speaking on behalf of Minister of Home Affairs, Clement Rohee who was locked in another meeting.
She said that the report contains several inaccuracies and misrepresentations with regard to the scope of TIP in Guyana. As a result, the Ministerial Task Force on Trafficking in Persons (MTFTIP) takes the opportunity to respond to the 2014 US State Department’s Report on trafficking in persons in Guyana. The Ministerial Task Force, which was established by Cabinet on February 6, 2007, comprises the following Ministries/Agencies:
The Ministry of Home Affairs, The Ministry of Labour, Human Services and Social Security,
The Ministry of Legal Affairs, The Ministry of Foreign Affairs, The Ministry of Amerindian Affairs,
The Ministry of Local Government and Regional Development, The Ministry of Natural Resources and the Environment, Guyana Geology and Mines Commission, Guyana Police Force, Indigenous Peoples’ Association, Help & Shelter, Food for the Poor, and Chambers of the Director of Public Prosecutions.

Ms. Webster enjoined, that while the Government of Guyana deems it complimentary that the US State Department’s 2014 Report acknowledges the significant efforts made with regards to TIP, it is important to note that the Government of Guyana does not treat TIP in isolation from other related crimes, as there are several other complementary laws that have been enacted, especially to protect women and children.
The minister noted that the Task Force notes several inaccuracies and misrepresentations in the Report that must be addressed. What is clear is that, once again, the architects of the report have not made significant progress in improving the veracity, coherence and validity of their annual assessments. The Ministerial Task Force considers it necessary to respond to a number of misrepresentations raised in the US Report.
The US Report indicates that:
“Guyana is a source and destination country for men, women, and children subjected to sex trafficking and forced labour. Guyanese and foreign women and girls—including from Venezuela, Suriname, and Brazil—are subjected to prostitution in Guyana.”
Ms. Webster said that the Government of Guyana wishes to state that TIP is a global phenomenon. It is the second largest criminal activity in the world, in conjunction with arms trafficking and trailing the drug trade, according to the United Nations.
She pointed out that the Government of Guyana and its partners have developed strategies and programmes aimed at combating trafficking in persons. These initiatives under the guidance of the Ministerial Task Force include: School Awareness Programmes, General & Community Awareness Sessions, A Training of Trainers Programme, Inspection of Night Spots, Clubs, Mining Camps and regulated and unregulated Landings.
Webster said that the Task Force was created under the Combating of Trafficking in Persons Act No. 2 of 2005, which is as result of the Government’s recognition of the seriousness of trafficking in persons and its act to eradicate and prevent same. Thus, the Government of Guyana is of the view that a multi-sectoral approach is needed to effectively combat trafficking in persons. Additionally, the Government of Guyana through the diplomatic channels has been engaging neighbouring countries and CARICOM states to aid in the fight against trafficking in persons.

The US Report further states that:
“While the full extent of forced labour is unknown, there have been reports of forced labour in the mining, agriculture, and forestry sectors, as well as in domestic service and shops.”
Webster said that the Ministerial Task Force on TIP has made repeated assessments of the agriculture and forestry sectors which have not unearthed any significant evidence of trafficking in persons. The Task Force continues to actively monitor the mining districts, domestic services and shops to ensure compliance in collaboration with the Guyana Geology and Mines Commission, the Ministry of Natural Resources and the Environment, the Environmental Protection Agency among other stakeholders.
The US Report goes on to state that:
“Traffickers are attracted to Guyana’s interior mining communities where there is limited Government control, but Guyanese and foreign nationals are also vulnerable to trafficking in urban centres and elsewhere in the country. Children are particularly vulnerable to forced labour.”
The minister said the Government of Guyana has maximum presence in the interior mining communities. The Guyana Geology and Mines Commission has mining officers in all six mining districts within Guyana and several other Government agencies are also represented within these regions/districts. These include Officers from the Ministry of Labour, Human Services & Social Security, Guyana Police Force and Ministry of Health, all of whom collaborate and share information in a joint effort to fight against TIP.

The US Report states:
“Guyanese nationals are subjected to human trafficking in other countries in the Caribbean Region.”
Ms. Webster, in response, disclosed that five Guyanese nationals were reportedly trafficked in Barbados during the period. The Government through the Ministry of Foreign Affairs, Ministry of Home Affairs and the Guyana Police Force and the Ministry of Human Services and Social Security supported the Barbadian Authorities in the repatriation of victims and the investigation of possible local networks. Investigations are still ongoing.
According to the US State Department’s Report:
“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.”
Webster stated that in addition to the Combating of Trafficking in Persons Act 2005, Guyana has also enacted the Status of Children Act No. 19 of 2009, the Protection of Children Act No. 17 of 2009, the Adoption of Children Act No. 18 of 2009, the Child Care and Protection Agency Act No. 2 of 2009 and the Sexual Offences Act No. 7 of 2010. The Sexual Offences Act 2010 clarified and strengthened sexual offences including those committed against children. Complementary legislation includes the Employment of Young Persons and Children Act Chapter 99:01 and the Education Act Chapter 39:01.
The National Plan of Action (NPA) for 2012-2013 and the recently approved National Plan of Action for 2014-2015 encompasses the Government of Guyana’s efforts in prevention and awareness, direct assistance to victims of trafficking and criminal justice response to combat trafficking in persons.
The objectives of the NPAs include: to provide information about Trafficking in Persons (TIP) and safe migration to vulnerable communities; to improve cooperation mechanisms among key stakeholders to prevent TIP; to enhance capacity of hinterland communities to prevent Trafficking in Persons; to provide appropriate and comprehensive direct assistance to victims; to enhance capacity of stakeholders to identify victims and provide direct assistance through training; to formalise and strengthen a National Referral Mechanism and Inter-agency protocol; to enhance the capacity of the Law Enforcement Agency to investigate, prosecute and convict traffickers; and to enhance cooperative and enforcement mechanisms among neighbouring countries to convict traffickers and protect victims, inter alia.

The US Report states:
“Despite these efforts, the Government did not demonstrate evidence of overall increasing efforts to address human trafficking over the previous reporting period; therefore, Guyana is placed on Tier 2 Watch List.”
The minister rejoined that nationally, there were several programmes responding to Human trafficking including hinterland surveillance; visits to hinterland check points; training of members of Community Policing Groups (CPG) including the group at Bartica; training of police officers at Port Kaituma, Lethem and Bartica; display of information on trafficking in persons at national exhibition events; publishing of an annual report; protection of victims and in-school awareness.
The Government of Guyana also had members of the Task Force make covert visits to Bars and other Night Spots to observe the treatment of workers, ages of workers, to detect any cases of persons trafficked and any suspicious activities connected to trafficking in persons. Raids on some of these establishments were later conducted based on information derived. Once there were sufficient evidence relevant charges were instituted and the offenders prosecuted. For the reporting period April 1, 2013 to March 31, 2014, six offenders were charged for trafficking in persons, she said.
The minister added that during visits to hinterland locations to conduct awareness sessions and workshops, focus was placed on surveillance at interior checkpoints and the activities of shop owners, operators and patrons in shops and other establishments.

Additionally, the US Report highlights that:
“Trafficking victims have accused police officers and other Government employees of cooperating with traffickers.”
Webster said that the Government of Guyana has made stringent efforts to deal with corrupt officials and move swiftly to investigate reported trafficking in persons’ cases. To highlight the Government’s commitment, the Ministry of Home Affairs has set up an anonymous website to report corruption by Government officials (I Paid A Bribe Website).
The US Report recommends that the Government of Guyana should:
“Boost efforts to hold trafficking offenders accountable by vigorously investigating and prosecuting forced prostitution and forced labour cases, including those involving complicit officials.”
Webster said: “This has always been a policy of the Government and is being achieved through enhancing the capacity of Law Enforcement to combat TIP; increase capacity in intelligence gathering to facilitate proactive law enforcement; strengthen investigative and surveillance systems for trafficking in persons; and expand existing proactive law enforcement initiatives for combating trafficking in persons.”
The US Report further recommends that Government should:
“Develop child-sensitive investigation procedures to reduce additional harm to victims; Develop court procedures that protect the privacy of children, and minimise the emotional trauma of providing testimony.”
Webster said that the Ministry of Labour, Human Services & Social Security through the Child Care & Protection Agency and in collaboration with local NGOs: Child Link and Forward Guyana have established the first Child Advocacy Centre One Stop Centre (CAC). The One Stop Centre is a child-focused, facility-based programme in which representatives from key child welfare and protection stakeholders, including the police and NGOs work together to conduct forensic interviews for reported child sexual abuse and exploitation cases. This is followed by therapeutic treatment for the child and their families and other support services including case management.
She noted that the One Stop Centre facilitates the child victim, giving a recorded interview to the interviewing multi-disciplinary team, and the centre’s day-to- day activities are being administered by the NGO group. The cases are referred by the Child Care & Protection Agency (CPA) which is keeping records of the cases and meeting with the multi-disciplinary team at monthly meetings to discuss progress and issues. This first centre is a pilot and the plan is to have such centres in all of the administrative regions. The Ministry of Labour, Human Services & Social Security is increasing its efforts at encouraging more NGOs to come on board and be part of this venture to ensure children are protected. Their rights and quality of care are guaranteed.

The US Report also recommends that the GOG:
“In partnership with NGOs, should develop and publicise written standard operating procedures to guide and encourage front-line officials—including police, health, immigration, labour, mining, and forestry personnel—to identify and protect victims of forced labour and forced prostitution…”
Webster said that the Ministerial Task Force on TIP is in the process of developing a Standard Operating Protocol to guide this response in identifying and protecting victims of trafficking in persons.
The Report further recommends that the Government of Guyana should:
“Implement procedures to ensure that victims are not punished for crimes committed as a result of being subjected to human trafficking; and offer increased protection and assistance for victims near mining communities.”
In response Minister Webster stated that under the Combating in Trafficking in Persons Act 2005, a victim of trafficking is not criminally liable for any migration related offence, prostitution, or any other criminal offence that was a direct result from being trafficked. Alleged Victims of trafficking received a broad menu of support from social sector agencies and supportive NGOs. They also receive economic support and job skills training to ensure they do not remain vulnerable to traffickers. Currently, the Ministry of Labour, Human Services and Social Security provides victims with housing, food, clothing, scholarships etc. To date the Ministry has one victim who is presently a scholarship student at the University of Guyana.

The US Report states:
“According to a statement by an official from the human services ministry before parliament, authorities “brought before the courts” six trafficking cases, one of which was dismissed, compared with seven prosecutions during the previous period. The Government reported that three traffickers were convicted in 2013; two of the convicted traffickers were sentenced to five years’ imprisonment and one was sentenced to four years’ imprisonment. However, none of the three convicted traffickers were serving their sentences at the end of the reporting period; all three were out on bail pending the appeal of their cases.”
Webster said that the Government of Guyana wishes to categorically state that the matter pertaining to the three persons who were convicted and have appealed their sentences, is under judicial consideration and the Court’s role should not be usurped by others making public statements, about how these issues should be dealt with; as the judiciary in Guyana is an independent arm of the State.

The Report indicates that:
“The Government confirmed that a police officer was accused of trafficking, and the Guyana Police Force and Office of Public Prosecution were reviewing the allegation.”
This matter is pending, she added.

The US State Dept. TIP Report further highlights that:
“For many years, the majority of Guyana’s trafficking prosecutions have ultimately been dismissed. A high-profile prosecution of child trafficking covered in the media was dismissed late in the reporting period, with the magistrate citing a lack of evidence.
In that case, NGOs claimed that trafficking victims willing to testify were not notified of court dates and were not allowed to present evidence.
The Government did not report any additional action involving prosecution of a high-profile child trafficking case investigated in 2012, and there were reports that police did not investigate all alleged incidents of human trafficking.”
The minister responded by stating that the Government of Guyana wishes to state, that when the Guyana Police Force receives reports of alleged trafficking in persons’ cases, these matters are thoroughly investigated and if there is sufficient evidence relevant charges are instituted under the Combating of Trafficking in Persons Act No. 2 of 2005. The police make every effort to ensure that victims and eyewitnesses are summoned to attend court.

In an effort to appear magnanimous once again, the US Report indicates that:
“The Government made efforts to protect victims of trafficking, but the continued lack of accountability for perpetrators further endangered victims.”
Webster pointed out that once again it is important to note that judicial independence does not allow for Government control over nor concubinage with the Judiciary and the Magistracy. The Director of Public Prosecutions’ (DPP) Chambers is a Public Office whose independence is preserved in the Constitution. The long established practice has been that the Guyana Police Force investigates and submits the case files to the DPP and the DPP in turn would advise on whether charges are to be laid or not or if the matter should be tried summarily. The decision to convict or not is one exclusively for the Court. Reiterating for emphasis, the Government of Guyana does not hold persons accountable with jail time, the Court does. The tangible role for Government is to ensure that the relevant legislation is in place and in this regard it has passed a very comprehensive Trafficking in Persons Act.

Additionally, the US Report states that:
“An NGO operated a shelter for victims of domestic violence, as well as a ‘safe home’ for children in the capital that reportedly provided assistance to trafficking victims during the reporting period. The shelter received a government subsidy of the equivalent of approximately $14,800. The Government also paid the equivalent of approximately $1,452 for alternative accommodation for three victims.”
She noted that to further highlight the inaccuracies of the US Report, the Government of Guyana wishes to emphasise that through the Ministry of Human Services & Social Security it has subsidised NGOs in excess of G$14.8M yearly and for the reporting period has spent in excess of G$1.4M in providing alternative accommodations for victims.

The US Report further outlines that:
“While Guyana’s law contains incentives to encourage victims to participate in the prosecution of traffickers, including protection from punishment for crimes committed as a result of being subjected to human trafficking, in practice victims often did not testify in court.
Media reports indicate that many trafficking prosecutions were dismissed because victims, many of whom were children, did not appear in court; the Government did not take steps to ameliorate this problem.
Guyana has not adopted methods of allowing children to testify that ensure their safety and officials reportedly did not inform victims of court dates nor take them to testify. Intimidation from traffickers increased the likelihood that victims were generally disinclined to cooperate as witnesses in trafficking prosecutions.”
Webster said as stated in previous responses by the Government of Guyana it is not uncommon throughout the world for witnesses to decline to testify. Prospective witnesses cannot be forced to testify. Guyana is not unique in this respect. It is an individual’s right to be able to decide whether or not he/she wants to testify in a court case. Essentially, what matters is the expeditious dispensing of trials so as to facilitate the ready availability of witnesses to testify.
In conclusion, the Government of Guyana wishes to reiterate that the recently published 2014 US State Department’s Trafficking in Persons Report on Guyana is inadequate and once again a misrepresentation of the trafficking in persons situations in Guyana, she said.
Webster said, “There is no excuse for largely ignoring the gains made and measures being implemented by the Government of Guyana in addressing this issue.”
She added that the Government of Guyana stands committed to the fight against trafficking in persons in Guyana and calls upon all stakeholders in particular, and Guyanese as a whole to join in this fight.