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Judicial officers join fight against human trafficking
— urge citizens to report cases; say measures in place to protect victims
Kaieteur News – Several judicial officers have joined the efforts to encourage greater reporting of cases of human trafficking.
Their awareness activities came ahead of World Day Against Trafficking in Persons (TIP), which is held on July 30 annually. Among the activities members of the Magistracy, on Thursday participated in a radio discussion on the law and protective measures in place to address the heinous crime.
During the discussion, Chief Magistrate Ann McLennan and Magistrate Christel Lambert gave insights on the trial process for such offences, and the international best practices adopted by the justice system.
She defined the offence as having certain key elements, explaining that it is 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.
Magistrate Lambert noted that in order to establish the offence of trafficking in person, the prosecution must first prove one of the following elements: recruitment, transportation or harbouring.
She said that it has to be proven that the victim was recruited or transported haboured by means of force, coercion, or threat. She continued “Then the case must also have to prove exploitation. This is the element that sets Trafficking in Persons apart from any other crime. It entails sexual exploitation, forced labour…slavery and practices similar to slavery.”
Magistrate Lambert noted that while the offence is punishable both in the Magistrate’s Courts and High Court by sentences ranging from three years to life in prison, there are special measures in place to protect victims engaged in the matter.
She said that victims are protected in such a way that they are not prosecuted while being heard for certain types of offences they may have engaged in while being trafficked, such as immigration-related offences.
“So, we would like persons out there, who are undocumented in our country, to know that they will not be prosecuted, and that they should not be afraid to come forward,” she added. In the meantime, the Guyana Association of Women Judges (GAWJ) in observation of World Day against Trafficking in Persons ,distributed posters in English, Spanish and Portuguese around Guyana to all airports, Courts, Health Centres, Hospitals and Police Stations in an effort to raise awareness and encourage persons to come forward to report this heinous crime.
In a collaborative effort, GAWJ also participated in the Counter Trafficking in Persons Walk held by the Ministry of Human Services and Social Security. Guyana remains at Tier One in the US Trafficking in Persons Report 2022. The report outlined that although this means that the country meets the minimum standards for the elimination of trafficking, the report pointed out that Guyana did not convict any trafficker for the first time in four years.
Further, the report said Guyana did not formally approve standard operating procedures (SOPs) to identify victims, provide sufficient security for trafficking victims at shelters, provide enough Spanish-language interpreters, identify any victims among the vulnerable Haitian population, or adequately oversee recruitment agencies.
The document also pointed to the need for proactive screening of vulnerable populations, including Haitian migrants and Cuban medical workers, for trafficking indicators, to refer them to services, and ensure potential victims are not deported without screening.
Chief Justice Roxane George-Wiltshire flanked by Supreme Court staffers during the Counter Trafficking in Persons Walk held by the Ministry of Human Services and Social Security.
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