Govt. on warpath to combat human trafficking

Apr 27, 2023 News

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– tables new Combatting of Trafficking in Persons bill

Kaieteur News – The fight against human trafficking in Guyana has taken a major step forward with the introduction of a new bill in the National Assembly.

On Monday, Minister of Human Services and Social Security, Dr. Vindhya Persaud, tabled the Combatting of Trafficking in Persons Bill 2023, which is designed to provide more comprehensive measures to combat trafficking in persons. This new bill, once passed, will replace the Combatting of Trafficking in Persons Act 2005, and will be aligned with international best practices and changing socio-political needs.

Human trafficking is a grave violation of human rights and the new bill seeks to protect the rights of individuals and prevent and combat trafficking of persons both within and across the borders of Guyana. Part One of the bill defines key terms and outlines the main objectives of combatting human trafficking, including the trafficking of children.

In Part Two, criminal offences related to trafficking in persons are outlined with extraterritorial effect. Those found guilty of this offence face imprisonment for five years on summary conviction or life imprisonment on conviction or indictment. Property forfeiture and restitution to the victim may also be ordered. Ancillary offences are also provided for in this part.

Moreover, transporting a person or child across an international border for the purpose of prostitution is criminalised under this part. A further protection that this part offers the victim, is immunity from prosecution for immigration offences. A Counter-Trafficking in Persons Unit to protect, and assist victims of trafficking is catered for in Part Three of the bill. The unit will work closely with the Guyana Police Force, and engage with the Ministerial Task Force to carry out its duties effectively.

The Child Care and Protection Agency will be responsible for, and collaborate with the Unit on matters related to child victims of trafficking. Notably, this section mandates the court to conduct case management procedures to ensure that cases are heard expeditiously.

In addition, this section dictates that all possible measures must be taken to identify individuals who have fallen victim to human trafficking, and the authorities are required to offer protection to both the victims and their families. Part Four sets out provisions relating to investigation and court procedure.

Importantly, Part Six of the bill addresses the prevention of human trafficking by mandating the President to set up a Ministerial Task Force. The Task Force will comprise members from various sectors, including immigration and law enforcement, legal affairs, foreign affairs, public health, Amerindian Affairs, and human services and social security. The responsibilities and activities of the Task Force in preventing trafficking are also defined under this Part. A secretariat will also be established and will be responsible for carrying out the administrative functions of the Task Force.

During a recent interview with the Department of Public Information (DPI) Minister of Human Services and Social Security, Dr. Vindhya Persaud reported that the Counter-Trafficking in Persons Unit (C-TIP) has successfully trained 2,003 individuals to identify potential victims of human trafficking. According to the minister, the C-TIP Unit has recorded three cases of Trafficking in Persons so far this year. Of the three cases, two of the individuals have benefitted from restitution. “We’re hoping more of these perpetrators will have to not only face the law but those persons will have to pay restitution to those who would have suffered at their hands,” Minister Persaud stated. These measures demonstrate the PPP/C government’s commitment to tackling human trafficking and its determination to protect vulnerable persons from exploitation.

Low conviction

In its 2022 Human Trafficking Report, United States had urged Guyana to increase its prosecution and convictions of human traffickers and pursue them under the Combating Trafficking in Persons Act of 2005, including for cases involving child victims. It also wants Guyana to ensure security for victims, especially those residing in government shelters, and their relatives.  “Proactively screen vulnerable populations, including Haitian migrants and Cuban medical workers, for trafficking indicators, refer them to services, and ensure potential victims are not deported without screening,” the US Government said in the report released by the State Department.

Additionally, the US wants Guyana to formally approve and implement victim SOPs and fund specialised victim services, particularly for child, adult male, and Venezuelan victims in their native language, including for indigenous populations. “Increase the number of Spanish speakers supporting anti-trafficking efforts; reduce delays in investigations, court proceedings, and pretrial detention of suspects; reduce the reliance on victims to serve as witnesses in prosecutions; ensure migrants wishing to change jobs are able to do so without relying on their previous employer,” were among some of the recommendations Washington made to Guyana which remains on the Tier 1 of the US watch list.

Tier 1, means that the Government of Guyana fully meets the minimum standards for the elimination of trafficking and continues to demonstrate serious and sustained efforts during the reporting period. According to the US, these efforts included identifying more victims and referring them to services, increasing investigations and prosecutions, drafting and funding a National Action Plan (NAP) for 2021-2025 with input from survivors, training diplomats, and conducting a campaign to inform migrants of the Spanish-language hotline.

According to the US Government, although the government meets the minimum standards, it did not convict any traffickers for the first time in four years. It 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.

Additionally, the US wants Guyana to formally approve and fund the 2021-2025 National Action Plan; reduce police abuses during raids and hold officers accountable. “Investigate trafficking cases in remote regions of the country and trafficking using online platforms.  Hold convicted traffickers, including complicit officials, accountable by pursuing significant sentences in court,” the report added.  Guyana is also being urged to prohibit recruitment and placement fees charged to workers; increase the number of labour inspectors and fines for labour violations, enforce restitution judgments for trafficking victims and undertake systemic monitoring of anti-trafficking efforts and publish the results.

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• Combatting of Trafficking in Persons Bill 2023, Dr. Vindhya Persau, extraterritorial, International, Minister of Human Services and Social Security

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