U.S. wants Guyana to jail Trafficking in Persons offenders
In wake of revelations late last year that the publisher of Kaieteur News, Glenn Lall had been allegedly fingered in alien smuggling (backtracking), the United States on Tuesday urged Guyana to hold trafficking in persons offenders accountable by vigorously and appropriately investigate and prosecute them. An explosive WikiLeaks cable had named the Kaieteur News publisher as a person with a “sketchy past” involved in “alien smuggling” and “links to the underworld”. The cable stated that: “he translated a shoe trading business and rumoured involvement with alien smuggling into a muckraking independent newspaper. He has also been accused of having his
finger on the pulse of Guyana’s underworld, which serves his media enterprise well,” the cable said. The then political officer in the U.S. Embassy in Georgetown, Benjamin Canavan had spoken with Lall, whose correct name is Mohan Lall, prior to the writing of the cable.
Meanwhile, Guyana remains at Tier Two in the U.S. ranking for countries in the fight against TIP in its 2012 report released on Tuesday. A Tier Two ranking means a country’s government does not fully comply with the U.S. Trafficking Victims Protection Act’s minimum standards, but is making significant efforts to bring itself into compliance with those standards. In the report released by Secretary of State, Hillary Clinton, the U.S. said Guyana is a source and destination country for men, women, and children subjected to sex trafficking and forced labour. Guyanese nationals have been subjected to human trafficking in other countries in the Caribbean region. Cases of human trafficking reported in the media generally involved women and girls in forced prostitution.
According to the report, the country’s experts expressed concern that exploitative child labour practices occur within the mining, agriculture, and forestry sectors. “The limited government control of Guyana’s vast interior regions, combined with profits from gold mining and the prostitution that accompanies the industry, provides conditions conducive for trafficking.”
The report cited that people in domestic service in Guyana are vulnerable to human trafficking, and instances of the common Guyanese practice of poor, rural families sending children to live with higher-income family members or acquaintances in more populated areas create conditions conducive to domestic servitude.
“Guyanese from rural, economically depressed areas are particularly vulnerable to trafficking in mining areas and urban centres. There is additional concern that young Brazilian women in prostitution are vulnerable to trafficking as well,” the report added.
It stated that the government of Guyana does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so.
“The government demonstrated increased efforts to identify and assist trafficking victims. There were no prosecutions of trafficking offenders and there was no reported progress on prosecutions initiated in previous reporting periods, highlighting serious concerns about a lack of accountability for trafficking offenders in Guyana. The absence of formal standard operating procedures to guide officials in victim identification and protection, disincentives for reporting and working on trafficking cases, as well as lack of action to address perceived official complicity, were also obstacles to progress,” the report noted.
Recommendations
The U.S. recommended that Guyana: boost efforts to hold trafficking offenders accountable, including police, customs, and immigration officers complicit in trafficking; in partnership with NGOs, develop standard operating procedures to guide and encourage front line officials, including police, health, immigration, labour, mining, and forestry personnel in the identification and protection of persons subjected to forced labour and forced prostitution, ensuring that victims are not punished for crimes committed as a result of being in a trafficking situation; foster a climate of open dialogue on trafficking and encouraging people to come forward; and consider developing a working-level task force to complement the policy-level task force that would be able to coordinate the day-to-day efforts of law enforcement, NGOs, prosecutors, as well as labour, health, mining, and forestry officials to address obstacles, plan strategy, and work together on specific cases.
Prosecution
The report mentioned that government made no discernible progress in holding human trafficking offenders in Guyana accountable during the reporting period. The Combating Trafficking of Persons Act of 2005 prohibits all forms of trafficking and prescribes sufficiently stringent penalties, ranging from three years’ to life imprisonment. The penalties are commensurate with penalties prescribed for other serious crimes, such as rape. The government reported 13 trafficking reports during the year, but initiated only two new trafficking investigations. Authorities reported no new prosecutions or convictions. Of the two sex trafficking prosecutions initiated in previous years, one remained pending and one was dismissed.
There were many challenges to achieving successful prosecutions in Guyana. In almost all cases, the government treated trafficking as a summary offense in the lower courts, where cases are often dismissed, indicating a lack of severity assigned to the crime of trafficking.
“Guyana’s legal system suffered from a severe case backlog in all areas that limits the efficiency and effectiveness of the system; repeated delays in nearly all criminal prosecutions increased the likelihood that victims would become discouraged and cease cooperation as witnesses in trafficking prosecutions.” The report noted too that perceived corruption and low public confidence in the Guyana Police Force also were problems.
“The government’s public insistence that human trafficking is not a significant problem in the country created a potential disincentive for police and court officials to address trafficking cases. There was evidence that people could be penalised for reporting suspected human trafficking crimes to the police. The press reported that police arrested a mother immediately after she reported concern that her daughter was in forced prostitution,” it added.
Protection
In the area of protection, the report noted that government made efforts to protect victims of trafficking during the reporting period. Specifically, in a positive step, the government was able to document that it identified and assisted an increased number of sex trafficking victims during the reporting period. Officials reported identifying 13 sex trafficking victims and assisting six of these during the reporting period, compared with three sex trafficking victims identified and assisted during the previous reporting period.
The government again did not identify any victims of forced labour for this period, raising concerns that the government did not employ systematic procedures to guide front-line responders, such as police, mining, forestry, labour, and health officials, in identifying victims of human trafficking, the report contended.
Additionally, it cited that trafficking victims in Guyana faced disincentives to seek help from authorities due to fear of retribution from trafficking offenders and fear of arrest. “The government estimated that it spent the equivalent of approximately US$7500 toward trafficking victim assistance during the reporting period.”
In accordance with Guyana’s anti-trafficking law, there are legal alternatives to the removal of foreign victims to their home countries where they may face hardship or retribution. Highlighting the need for standard operating procedures to guide authorities in the identification and handling of potential trafficking cases, there was evidence that some potential trafficking victims were penalised for crimes committed as a result of being in a trafficking situation.
Following anti-trafficking raids of brothels in 2011, some foreign women in prostitution were jailed and deported immediately for immigration violations, without the involvement of an NGO or concerted efforts to identify possible trafficking victims. Local observers have noted that other potential child victims may have been sent to the juvenile detention centre.
Prevention
The government made limited progress in preventing human trafficking during the reporting period. It continued to focus its public comments on the scope of Guyana’s trafficking problem, maintaining that it is limited, rather than fostering an open dialogue to build public awareness of the potential for trafficking and how to identify, report, and prevent cases. Minimising the existence of human trafficking hindered the progress of trafficking awareness campaigns, which were largely donor driven and funded.
Beacon Of Truth Or Purveyor Of Sleaze? Is there any remote connection with Glen Lal and the US State Department 2012 TIP Report? Bobby Ramroop and the Guyana Times has to be real desperate to insinuate such linkage. On the other hand, one does not need a flash light to see the shameless and incestuous fornication between the this Administration and Ramroop's Empire.