Guyana internationally obligated to curb human trafficking/smuggling – AG
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C.,
Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C.,

-says imposing visa requirement for Haitians in keeping with obligation

GUYANA has an international obligation to curb the occurrence of human trafficking, regardless of what stage it is being done here. It is against this backdrop that the government, upon weighing the evidence, has taken the decision to impose visa restrictions for Haitians entering the country.

These were the sentiments expressed by Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., during his appearance on a TV programme titled, “Let’s Talk Politics.”
“Guyana is part of a global village and Guyana, as every country in that village, is required to sign on to international conventions and is expected to execute certain protocols which are required internationally,” Nandlall said.

The Attorney General explained that human trafficking and human smuggling are two of the most serious offences afflicting the global environment, with hundreds, if not thousands, of children and young men and women being trafficked in every part of the world.

According to Nandlall, just as Guyana has obligations pertaining to Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) to ensure the country is not “contaminated” with illegal funds and is not a haven for drug trafficking, terrorism and money launderers, there are similar obligations in relation to human trafficking and smuggling.

“There is no doubt that this is a criminal conspiracy that is being played out here and just the same way that Guyana is being used as a trans-shipment point for cocaine, nobody is disputing that, well is the same thing here, we are being used as a trans-shipment point for human smuggling and human trafficking,” the Attorney General said.

He explained that the decision by the government to impose the visa restriction was not a light one, nor did it come overnight, as thorough investigations were conducted and evidence was compiled. He said the Government of Guyana even engaged with its neighbours, Brazil and Suriname, as well as various human rights organisations.

Immigration data revealed that some 38,187 Haitians who travelled to Guyana between the period of 2015 and June, 2021, failed to leave the country, at least through the legal means; this is coupled with mounting complaints about Guyana being used as a trans-shipment point in the overarching scheme of human trafficking by various foreign governments.

“Guyana is a very close-knit society, I don’t think anyone can argue that 38,187 Haitians are with us in Guyana; it would be impossible and improbable for anyone to try to articulate such a contention. It is plainly and manifestly false if anyone would attempt to do that,” Nandlall said.

“So where did 38,187 persons go? Now I want to make it clear that based upon the evidence that we have seen, a large number of the 42,100 are children, they consist of women, underage girls, pregnant mothers and they cannot be found anywhere in Guyana,” he said.

The Minister of Legal Affairs explained that the government has accumulated evidence over a protracted period of time to assess the situation; he explained that upon their arrival, the Haitians are “quickly whisked away” to various destinations where their belongings are confiscated, displaying all the “trappings” of an organised ring.
“They don’t get to come out; they can’t dwell with anyone; they can’t socialise; their monies, their personal belongings and their travel documents are taken from them and are kept by the person or persons who are in this operation,” he said.

Nandlall disclosed that based on investigations in relation to human smuggling, the Haitians have to pay some US$500 per person to be transported to Georgetown from the Cheddi Jagan International Airport (CJIA), US$1,000 to transport them to Lethem and then to take another US$1,000 to cross the border; all signs of a highly profitable ring.

Nandlall explained that it was found that upon entry here, the Haitians make their way to the Guyana-Suriname border, and the Guyana-Brazil border, where they cross illegally through the ‘backtrack’ route with small boats to head to the neighbouring countries.

“They are exposed to I don’t know how many perils along that journey; I am speaking about small children, young children, pregnant mothers, they have to travel from Georgetown in the night all the way to the southern border where they are sent over to Brazil, and that is how they leave this country,” he said.

“Do you know the harrowing experience that these people go through? And where they are going? I don’t know; and to whom they are handed over? You don’t know,” he added.
Nandlall said that he is in possession of evidence to prove the phenomenon and referenced the 10 young undocumented Haitians, who were recently found by police recently at the Swiss Hotel in Skeldon, Corentyne, Berbice, Region Six (East Berbice-Corentyne) without any of their personal belongings.

They had informed the authorities that the person who brought them reportedly took away their passports, documents, money and other personal belongings. They are now at the Hugo Chavez Centre for Rehabilitation and Reintegration (HCCRR), where they are being taken care of as the police continue their investigations to apprehend the person who have custody of their documents.

“We didn’t lock them up, because technically that is what really the law requires, because they have entered Guyana illegally … so they have all committed criminal offences. Instead, we have them at the Hugo Chavez centre where they are being looked after and are being fed,” Nandlall said.

“So, no one is looking out or speaking about the interest of these young children, and what they are going through. There is an obvious [sic] pregnant woman at the Hugo Chavez Centre, but nobody cares about the welfare of that woman, they want to play the race card and they play the race card with anything,” he added.

The Attorney General explained that Guyana is not without its share of sanctions imposed due to breaching of international obligations, as he referenced the sanctions imposed in relation to the AML/CFT structure as a consequence of the A Partnership For National Unity + Alliance For Change (APNU+AFC) blocking the relevant legislation when they were in opposition prior to 2015.

“Up to now we are still battling to remove those sanctions and the stigma that it carries,” Nandlall said, explaining that similar sanctions can be imposed on Guyana if it does not uphold its international obligations to prevent human trafficking and smuggling.

“This thing has to do with what is in the best interest of Guyana, but of course, persons are using this opportunity to satisfy some sick and sadistic agenda that they have, but when you are in government you have to take the high road and you have to do what is in the best interest, even for those who are attempting to undermine you,” the Attorney General said.

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