In another rare moment of consensus, the government and the opposition voted unanimously yesterday to pass the Trafficking in Persons Bill 2023, following its second reading in the National Assembly.
The new bill, No. 6 of 2023, was first introduced by Minister of Human Services and Social Security Dr Vindhya Persaud on April 24 and debated and passed yesterday.
According to the bill’s explanatory memorandum, the new bill repeals and replaces the Combating of Trafficking in Persons Act of 2005 to provide more comprehensive measures to combat trafficking in persons synonymous with international best practices and changing socio-political needs. It provides measures to protect the rights of individuals and prevent and combat trafficking of persons within or across the borders of Guyana. The object of the Bill is to prescribe measures to combat trafficking in persons including children.
The new Bill also establishes the Counter-Trafficking in Persons Unit which shall be responsible for protecting and assisting victims of trafficking. It was stated that the Guyana Police Force shall provide assistance to the Unit and the Unit is expected to engage with the Ministerial Task Force and shall be responsible for protection and assistance of victims of trafficking. Part of the Bill also provides for the court to conduct case management proceedings to ensure that cases are heard expeditiously.
“Also, this Part sets out that the Child Care and Protection Agency shall be responsible for and collaborate with the Unit on matters related to child victims of trafficking,” the explanatory memorandum said.
According to the Bill, a mandatory record now has to be kept of the conduct of an investigation into trafficking in persons’ offences. It provides that paper committals are permitted for indictable matters and it prohibits confrontation between accused and victim. The government is also now mandated to educate citizens about sex tourism, sexual exploitation and forced labour. It has to coordinate educational activities with the airline, hotel and taxi industries and others.
Opposition Member of Parliament Dr Karen Cummings said that the Bill was a necessary addition to the country’s legal framework, as Guyana seeks to have a modern society.
“… [It] is timely and appropriate at this juncture of Guyana’s history especially as the country strives to garner the wealth emerging from our petroleum deposits,” Cummings said. “This issue has become a human security concern, correctly labelled as modern-day slavery with sophisticated entrepreneurs, abounding with public health ratifications. It has become a game of risks.”
Attorney General Anil Nandlall said: “The fight against human trafficking must not be viewed in isolation, but rather as a holistic approach to fighting transnational crime. Guyana has porous borders and these borders are often exploited for trafficking in persons and human smuggling. Moreover, trafficking in persons is a predicate offence of money laundering as the proceeds from these crimes are laundered by perpetrators. Therefore, this law must not just be seen as a law to combat trafficking in persons, but also a law to aid in the fight against money laundering.”
He noted that trafficking in persons is recognized globally as a gross violation of human rights. As a result, it is an offence against the state and the person as it not only does it affect victims but society as a whole.
