Going forward, the Trafficking in Persons Bill 2023, will require the same energy and unanimous support it received during its passage in Parliament if it is to succeed, Minister of Human Services and Social Security Dr Vindhya Persaud has said.
Described as a modern and progressive piece of legislation aimed at countering trafficking in persons, which remains a heinous crime, the bill was passed with the support of the opposition in the National Assembly on Wednesday.
“It will require the unanimous effort as we cohesively, as a people, work to ensure trafficking in persons does not remain something that is unrecognised and unreported…,” Persaud said.
She noted that it had received input from local and international bodies and underwent wide consultation before being presented to the House. The minister explained that the bill includes crucial measures and harsh penalties not just for persons on the lower end of the trafficking ring but also commercial entities involved in such practices.
“The objective of this bill is to provide measures to combat trafficking in persons including children and it sets out a litany of criminal offences with extraterritorial effect and this… facilitates partnership and cooperation between Guyana and other states to prevent and suppress trafficking in persons and of course, it gives a wider scope to punish offenders,” she stated.
“And it is important to see in this framework that all of the measures within the bill are austere, severe or harsh and should act as a deterrent to persons who wish to perpetuate and perpetrate the crime of trafficking. This also should send a signal to victims who are trafficked that this bill espouses support, assistance and redress for what would have taken place in their lives.”
The legislation provides for hefty fines and maximum jail time up to life imprisonment on indictment. The legislation also includes conviction and fines for persons guilty of conspiring or attempting acts of trafficking.
The minister went on to state that the updated piece of legislation also brings together all the agencies working in clamping down on the trafficking in persons under one umbrella.
The bill makes provision for the establishment of a ministerial task force to be appointed by the President.
This task force is to comprise members of various sectors… It is to be chaired by the ministers of Home Affairs and Human Services and this task force is to develop a plan of action… that focuses on many important components that deal with specifically, trafficking in persons and also includes the compilation of a report coming out of data collection to be presented to cabinet,” Persaud explained.
Opposition Member Volda Lawrence said the legislation was welcomed and supported by her side of the House. The bill, she noted, provides a menu of action to ensure human and civil rights are upheld and respected. These measures were not previously available to law enforcement and this she believes will be significant in the fight against trafficking in persons.
“Its core design is intended to produce results by institutionalising a framework of policy crafted by seven successive and UN endorsed global reports on trafficking in persons,” she underscored.
However, she argued that Guyana’s fight is hindered by commitment of resources, competent skills to detect, identify and empower victims and an uncompromised system for real time reporting of acts being committed. The absence of the vital components, she declared, “has been our greatest enemy.”
Despite the support to the bill she pointed out that it was somewhat weak on the back end of investigating trafficking in persons victims. She stated that the prosecution of perpetrators should be done through specially trained senior officers of the Guyana Police Force, attorneys from the Director of Public Prosecutions office or persons operating within the legal section of the agency.
The opposition member, pointing to a hiccup in the implementation of the bill, added that this was an area that must be addressed, as it will serve no purpose being a progressive legislation if the implementation fails. Lawerence said too many times calls are made to the police but they do not respond or officers from the trafficking in persons agency might not be available.
Additionally, Lawrence spoke about the amount of fines stated in the bill. She believes they should be higher than $500,000 to illustrate the seriousness of the offence and put a dent in the business or middleman’s pocket.
She said too that persons in institutions caught feeding information to outsiders should also face heavy fines in a bid to illustrate that such actions will not be condoned. “… Because too many entities are trampling on people’s rights,” she said.
Furthermore, Lawrence added that consideration should be given for the establishment of a special oversight bipartisan body comprising experts who will conduct annual reviews and note areas for success and failures.
Home Affairs Minister Robeson Benn in his contribution stated that they will continue to implement strong measures to counter trafficking in persons. He stressed that this act has disrupted many lives individually and collectively. “We are extremely concerned about this and we will take further, strong effort to deal with this problem and I know some people who are in the night trade may not be happy with it. We have no difficulty with the party night trade, but if you are caught at certain places in compromising positions the law will take its course,” he emphasised.
He explained further that in 2022, there were 22 cases where people were actively apprehended and interrogated with some arrests. From the 22 operations, 247 victims were screened and interviewed and one conviction archived. In 2023, to date, five cases have been put before the courts, 12 operations were conducted, 190 suspected victims interviewed and screened, and two convictions, he added.
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.
