It is time to lift the veil on human trafficking

Jan 22, 2017 APNU Column, Features / Columnists

(Address by His Excellency Brigadier David Granger President of the Cooperative Republic of Guyana at the launch of a National Plan of Action against Human Trafficking on January 18, 2017)

Trafficking in persons is a serious crime and a grave violation of human rights. It is a crime

President David Granger

against humanity. It constitutes a form of modern-day slavery. It is an affront to civilised society. It is a denial of human rights, particularly, of freedom from human servitude.
Trafficking in Persons, despite its abhorrent character, is considered to be one of the fastest growing criminal enterprises in the world. It has transnational dimensions. The International Labour Organization (ILO) estimates that more than twenty-one million persons are victims each year of forced labour.

LEGAL FRAMEWORK
The Constitution of the Cooperative Republic of Guyana and the Laws of Guyana explicitly prohibit trafficking in persons. Guyana is a state of laws. Laws are effective, however, only to the extent that people are educated to recognise and respect them and that means exist to enforce the law.
The Combating of Trafficking in Persons Act of 2005 designates trafficking in persons as a crime, punishable under the law. Laws are not enough. There is need for a practical plan and effective measures to combat and eliminate trafficking of persons.
Trafficking in Persons represents an assault on citizens’ fundamental rights and freedoms which are protected by our Constitution. Persons who are victims, or potential victims, of ‘trafficking in persons,’ are entitled to the protection of the law. It is the duty of both the State and citizens to ensure that the right to liberty and the freedom from inhuman and degrading treatment are protected.
The Constitution, at Article 139 (1), provides that “No person shall be deprived of his or her personal liberty save as may be authorized by law…” Article 140 (1) states that “No person shall be held in slavery or servitude. Article 140(2) adds that “No person shall be required to perform forced labour.” Article 141 (1) provides “No person shall be subject to torture or inhuman or degrading punishment or other treatment.”
The Laws of Guyana, specifically in the ‘Combating of Trafficking of Persons Act of 2005,’ defines ‘trafficking in persons’ as:
… the recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of force or other means of coercion or by abduction, fraud, deception, abuse of power or of a position of vulnerability, or by the giving or receiving of payments or benefits to achieve the consent of person having control over another person, for the purposes of exploitation.
The state of Guyana, further, is signatory to the United Nations Convention against Trans-national Organised Crime and to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. The Protocol’s objectives are:
– To prevent and combat trafficking in persons, paying particular attention to women and children;
– To protect and assist the victims of such trafficking, with full respect for their human rights; and,
– To promote cooperation among States Parties in order to meet those objectives.
The Cooperative Republic of Guyana is a state of laws. Laws are effective, however, only to the extent that people are educated to recognise and respect them, that means exist to enforce them and that they help to eliminate crime.

THE DEBATE
I recall that, as Leader of the Opposition in the National Assembly, I brought a motion on Wednesday, 22nd May, 2013, calling for the establishment of a Commission of Inquiry to investigate the crime of Trafficking in Persons.
I urged the government-of-the-day to “…lift the veil” on trafficking in persons and to stop denying that the crime was taking place and needed to be eliminated.
I added that denial of the existence of Trafficking in Persons in Guyana makes matters worse. “There is a syndrome of dodging the problem and pretending that the persons who are being trafficked have voluntarily entered into a state of prostitution”.
I told the National Assembly that Trafficking in Persons was a form of modern-day slavery. I warned that human trafficking was a crime of international jurisdiction and culprits could be prosecuted for it in any part of the world.
The Motion titled, “Appointment of a Commission of Inquiry to investigate the incidence of Trafficking in Persons in Guyana” was approved by the National Assembly. To our country’s shame, it was not assented to and implemented by the national President at the time.

EXECUTIVE RESPONSIBILITY
I was sworn in as President on 16th May 2015, and immediately changed the name of the Ministry of Human Services to that of Ministry of Social Protection. I also changed the name of the Ministry of Home Affairs to that of the Ministry of Public Security.
I wanted to emphasise the State’s responsibility for the protection of its vulnerable citizens and the security of the public. Those Ministries, I am happy to say, have been enhancing their capability to eliminate trafficking and other crimes against the person.
The United States Department of State’s Office to Monitor and Combat Trafficking in Persons issues an annual dossier which reports on trafficking in persons around the world. The Government of Guyana, in past years, regrettably, rather than implement the report’s recommendations, denied, disparaged and dismissed them.
The Government of Guyana, today, is solving the problem not suppressing bad news. We are successfully prosecuting traffickers; collaborating with counter-trafficking non-governmental organisations, international organisations and friendly countries; strengthening the inter-ministerial coordination of our efforts and financing a shelter and enhancing psycho-social services to victims. We have, this year, started the establishment of a ‘Corps of Wardens’ who will patrol mining and logging settlements and border areas where trafficking has been reported.

A NATIONAL PLAN OF ACTION
A National Plan of Action against Human Trafficking is the Executive’s response to the need for the effective enforcement of the laws prohibiting trafficking in persons. Human trafficking must be confronted fearlessly, frontally and fully. The legal proscription against human trafficking must be backed by a plan of action aimed at eventually eliminating trafficking from our homeland.
The previous administration’s efforts to combat Trafficking in Persons often reflected its notorious indifference and indecisiveness to the crime. The seriousness of the crime was deemphasized. Few efforts were made to combat trafficking in a systematic way.
The Government of Guyana, today, is committed to reversing this indifference towards the crime of trafficking in persons. We will do so by enhancing education and strengthening enforcement in order to eliminate the scourge entirely. The strict enforcement of human trafficking laws requires action on a wide range of fronts – sensitizing the public to the effects of trafficking in persons and building institutional capacity to enforce the law.
An effective Plan of Action to combat human trafficking must have two main objectives:
· Education: Public education, understanding and support are vital to success in eliminating the crime. Trafficking in Persons is not fully and clearly understood by the average citizen and is often confused with backtracking (illegal migration) and smuggling of persons across borders and even everyday prostitution. The public needs to understand the range of offences defined as human trafficking in order to identify the crime and help support the efforts of law enforcement in investigating allegations of trafficking in persons. Public education about human trafficking is important since human trafficking is an underground activity which seems to be more pronounced in hinterland areas which are more difficult to police.

· Enforcement: Trafficking must be identified and prosecuted with the full force of the law. The fear of prosecution must serve as a deterrent against human trafficking.
The United Nations General Assembly passed Resolution 68/192 – titled Improving the coordination of efforts against trafficking in persons – on 18th December 2013. The ‘Resolution’ called on member states of the United Nations to address the social, economic, cultural, political and other factors which make people vulnerable to trafficking in persons. It listed some of these factors as including poverty, unemployment, inequality, natural disasters, sexual violence, gender discrimination, social exclusion and marginalization as well as a culture of tolerance towards violence against women, youth and children.
Guyana seeks to provide a ‘good life’ for all of its citizens. The ‘good life’ includes protecting vulnerable citizens from the threats of servitude, sexual exploitation and forced labour.

A GOOD LIFE
Victims of trafficking in persons need protection. They are often helpless. They are often afraid to speak out. They generally lack resources to seek assistance. Many of the victims being held against their will may be illegal immigrants and, therefore, afraid to go to the authorities for fear of being deported or prosecuted.
Victims of trafficking in persons must be protected and provided with assistance for their recovery and reintegration into society.
I congratulate the Ministry of Public Security for developing this National Plan of Action against Human Trafficking. This is evidence of government’s resolve to rid our country of the scourge of trafficking in persons.