Successful T.I.P workshop held
Public Security Minister, Khemraj Ramjattan
Public Security Minister, Khemraj Ramjattan

A TOTAL of 132 women were trafficked for sexual exploitation during the first six months of 2019, according to Minister of Public Security, Khemraj Ramjattan – Chairman of the Ministerial Task Force on Trafficking in Persons (T.I.P)

Minister Ramjattan on Friday, September 20, 2019, presented an overview of human trafficking (in Guyana) while delivering his opening remarks at the Supreme Court of Judicature and Judicial Education Institute- Guyana (JEI) workshop for T.I.P.

The workshop was held at the Georgetown Club, Camp Street and saw the attendance of the Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards; Acting Chief Justice, Roxane George; and Chief Magistrate among other Judges, Magistrates and other legal officers of the court.

According to Ramjattan, between January 2019, and June 2019, the Guyana Police Force (GPF) T.I.P Unit investigated 18 suspected cases of human trafficking and managed to rescue 132 victims, who were all females.

The Minister added that most of the women rescued were below the age of 30 and were from Venezuela, but were trafficked to Region 4 for sexual exploitation.

Against this background, in 2018, the Police TIP Unit investigated 32 suspected cases of human trafficking and managed to rescue 245 victims, who were all females. For ages, 55 % were below the age of 26 while 45% were above that age.

A total of 57 suspects were arrested for T.I.P, and 17 persons were charged for T.I.P.

Minister Ramjattan disclosed that most of the victims were Venezuelans and were trafficked to Region 4 for sexual exploitation.

However, in 2017 the Police TIP Unit investigated 14 suspected cases of human trafficking and managed to rescue 50 victims, 21 being minors. The traffickers prayed on victims between the ages of 12 and18 years.

For gender 86% were female and 14% were males. A total of 52 suspects were arrested for T.I.P which led to three convictions.

Minister Ramjattan disclosed that the majority of the victims came from Caribbean countries such as Haiti while the others came from Regions 1, 7, 8.

The victims were trafficked to Region 1, 4 and 7 for sexual exploitation.

According to Minister Ramjattan, as economic and political crisis fortunes in neighbouring Venezuela hit rock bottom, large numbers of migrants from that country continue to cross over the border into Guyana, seeking greener pastures which caused a large increase in the number of trafficking victims from Venezuela

Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards (Photo by Samuel Maughn)

“A lot of us felt that this is not happening in Guyana, It is happening and it is largely from some very smart businessmen who are doing these things,” Minister Ramjattan said as he referred to the T.I.P statistics.

The Minister explained that the “big fishes” have a large network of “small underlings” and the T.I.P task force was trying its best to catch them.

“We have to try our best to cut the profit out of the trade,” the minister said as he stressed on the importance of the surveillance of the location where the victims are trafficked, the investigation of the matter which will lead to the arrest and successful prosecution in the cases.

Come next year, Minister Ramjattan said, Action Plan 2020, the four Ps – Prevention, Protection, Prosecution, and Partnership will be rolled out to reduce and halt the modern-day slavery that is T.I.P.

Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, gave an overview of the combatting of the T.I.P Act 2005 with the guidelines for sentencing and related criminal offences.

The Acting Chancellor lectured on the act governing T.I.P, unlawfully withholding a person’s identification card and transporting and harbouring a person for T.I.P.

She made reference to Chapter 3 which states that under a summary conviction that a person can be sentenced to three to four years imprisonment, subjected to forfeiture of property and also be ordered to pay full restitution to the victim.

However, the Acting Chancellor added, under a conviction on indictment the person can be sentenced to no less than five years’ imprisonment or to life imprisonment along with forfeiture of property and restitution to the victim.

In the case involving a trafficked person, who did not attain the age of 18 years, five years may be added to the sentence. Additionally, if the convicted person commits a sexual assault against a trafficked person, five years may be added to the sentence.

Additionally, she explained Section 4 which governs the unlawful withholding of identification papers.

“Any person who for the purpose of trafficking in persons, and acting or purporting to act as another person’s employer, manager, supervisor, contractor, employment agent, or solicitor of clients such as a pimp, knowingly procures, destroys, conceals, removes, confiscates, or possesses any passport, immigration document, or other government identification document, whether actual or purported, belonging to another person commits an offence and shall on summary conviction be fined one million dollars together with imprisonment for not more than five years.” Justice Cummings-Edwards said.

In Section 6 of the act which speaks of restitution where a defendant is convicted of T.I.P under this Act, the court shall order the defendant to pay money to the victim.

Restitution shall compensate the victim for costs of medical and psychological treatment; costs of physical and occupational therapy and rehabilitation; costs of necessary transportation, temporary housing, and childcare; lost income; attorney’s fees and other costs such as victim advocate fees; compensation for emotional distress, pain and suffering; and any other losses suffered by the victim.

The State Department of the United States in its 2019 report pointed out that the Government of Guyana fully meets the minimum standards for the elimination of trafficking and remained at Tier 1 for demonstrating “serious and sustained efforts” in combating the issue.

According to the report, the APNU+AFC government maintained law enforcement efforts during the reporting period and to this end, the report reminded that Combating Trafficking of Persons Act of 2005 criminalized sex trafficking and labour trafficking and prescribed penalties of three years to life imprisonment.

It was noted that such penalties were sufficiently stringent during the reporting period and, with respect to sex trafficking, commensurate with those prescribed for other serious crimes, such as rape.

It said that the Ministry of Social Protection was the lead agency responsible for coordinating trafficking efforts, overseeing the Anti-Trafficking Unit (ATU), and participating on the government’s Ministerial Task Force on Trafficking in Persons.

It said that traffickers exploit victims in forced labour in the mining, agriculture, and forestry sectors, as well as in domestic service and shops.

While both sex trafficking and forced labor occur in interior mining communities, the limited government presence in the country’s interior renders the full extent of trafficking unknown, the report said.

The report stated that the APNU+AFC government provided $3.5M (US$16,280) for the first time in direct financial assistance to victims who chose not to stay in a shelter. It noted that victims could receive shelter, food, training, and psychological therapy

The APNU+AFC government has been working to combat TIP with the focus being placed on enacting the law to curb the practice.

Guyana fell off the watch list for TIP back in 2016. In 2017 it moved up to Tier One and the country has since mounted numerous efforts to improve its rating in this area.

A few months ago, Chief Magistrate Ann McLennan had sentenced a businesswoman to 15 years’ imprisonment for trafficking two Venezuelan women for the purpose of sexual exploitation. Her sentencing was given by the courts in accordance with the Trafficking in Persons Act, a clear move that the law is taking its course here.

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