Trafficking in persons (TIP), or human trafficking, is a relatively new term in everyday parlance in Guyana, and while it has gained tremendous recognition in usage over the past few years, many persons still fail to come to grips with the fact that some activities that might have been considered immoral but not necessarily illegal, now fall within the definition of human trafficking and attract harsh legal consequences.
Under our laws, human trafficking is a serious crime, but a lack of enforcement has perpetuated the exploitation of victims. In our case, the systemic failures that seriously affected victims (many of them very young and vulnerable) stemmed from a denial at the level of government that such a problem existed.
The previous administration played down our ongoing challenges with TIP, and in addition to being critical of the annual US State Department reports, the overall responses of successive line ministers prior to the 2015 elections were at best poor, and at worst, callous and dismissive.
Human trafficking – “the illegal movement of people, typically for the purposes of forced labour or commercial sexual exploitation” – is a major challenge now confronting the new coalition government. It remains to be seen how much focus the current administration is prepared to give towards arresting and correcting deeply entrenched practices, behaviours and immoral norms that are at the root of this scourge affecting the very young and the vulnerable.
Contrary to popular belief, TIP is not the same as people smuggling, which involves persons voluntarily paying for the service (though illegal) of being transported from one place to another. Human trafficking can include forced labour, domestic service, commercial sexual exploitation, forced marriage and sweatshop labour according to the definition put out by the United Nations.
Culturally the violations against young women and girls in our interior locations have been dismissed as “a hustle” – the terms of which people assume are negotiated and understood prior to the girls travelling to these locations. However, documented cases of sex trafficking in Guyana’s gold bush have proved otherwise; in fact, a fair majority of the girls we have labelled as sex workers and free agents, are young, from poor backgrounds, with little education and vulnerable. In short, they are victims of exploitation by others.
In July this year Guyana was upgraded from the Tier 2 Watch List for TIP to just Tier 2, indicating that although the country still does not fully meet the minimum standards for the elimination of trafficking, it is making significant efforts to do so. Despite this, our criminal justice system continues to have an unfavourable track record of investigating and prosecuting persons engaging in TIP as defined on our law books.
In the past, there have been a series of public raids, arrests and court arraignments, but cases were collapsing with the same pace at which they were being made public, and this might have been because of the existence of an inherent cultural bias whereby social norms trumped the execution of the law, and poorly prepared prosecutions were the result. By failing to hold traffickers to account, that is up until very recently, local authorities have encouraged impunity.
It was against this backdrop that the Guyana Women Miners Organisation (GWMO) and its then President Simona Broomes, now Minister within the Ministry of Natural Resources, stepped into the breach, working on the ground conducting raids, rescuing victims and drawing national attention to the issue.
Broomes repeatedly complained about what she saw as a myriad of obstacles victims face in accessing justice and obtaining effective legal remedies. One would hope that the changes she had long pressed for are being made now that she is part of the administration and in a position to influence positive change.
Recently, a woman was convicted for labour trafficking a 16-year-old and was ordered to pay the teenager almost $900,000 and/or face a 12 month jail term. Several other persons were arrested and charged within the last few months for mostly sex trafficking offences.
As regards justice and human trafficking in Guyana, it is important that government does not appear to be complicit in the denial of access to justice for TIP victims. Our law – the Combating of Trafficking of Persons – explicitly states that the primary obligation to provide redress to the poor and vulnerable resides with the government. It is the state’s duty to protect the human rights of its citizens and to provide an atmosphere or framework that offers an effective interplay of laws and regulations so that citizens will be able to realise their rights and freedoms.
The United Nations has established similar responsibilities for states as it relates to protecting citizens against human rights abuses. The UN observes: “States are required to take appropriate measures to prevent human rights abuses by private actors and to respond to these abuses when they occur by investigating the facts, holding the perpetrators to account and ensuring effective remedy for the harm caused.”
Therefore, the government has a responsibility to make access to justice a more central priority for TIP victims. On this front, we welcome the news that the International Criminal Police Organisation (Interpol) will conduct training sessions with members of the judiciary on trafficking in persons; it is an opportunity for the system to self-evaluate and build a more comprehensive criminal justice response.
Moreover, it is important that TIP is seen and treated as a major violator of the rights of children, young girls, women, and men who are trafficking victims, and government has a duty to act in the interest of citizens and prioritize accountability from law enforcement as an immediate area of focus.
In its report this year the US State Department made mention of the fact that the inter-ministerial taskforce against human trafficking, which Public Security Minister Khemraj Ramjattan heads, remains inactive and it also cited the severe staff shortage at the anti-trafficking unit. Reports indicate the unit is operating with a complement of about five persons.
If this government wishes to seriously go about tackling TIP, then the taskforce should be reconvened as early as possible and a decision taken to strengthen the human resource capacity at the unit. These are important agenda items which Minister Ramjattan cannot simply place on the backburner; he must show greater commitment beyond his recent public awareness walkabout at the Bourda Market.
Back in 2014, while working outside government, current Minister Broomes actually summed up succinctly what this government ought to be guided by as it seeks to work in the interests of the young and vulnerable victims of human trafficking: “In the absence of an accountable and responsive criminal justice system that can deliver timely prosecutions and justice for all, many will question whether human trafficking victims are permitted to seek redress for the wrongs committed against them.”
The proof of this government’s commitment to working towards the eradication of human trafficking in Guyana will be seen in the level and quality of the human and physical resources it makes available to allow for public education on TIP; the discovery, investigation, arrest and prosecution of perpetrators; and the counselling and re-integration of victims into normal life.
