Guyana Association of Women Judges Commentary
By Christel Lambert
Vice President- Guyana Association Of Women Judges
Introduction
As we approach World Day Against Trafficking in Persons on July 30th, 2024, the Guyana Association of Women Judges (GAWJ) is committed to raising awareness about one of the most severe human rights violations in the world today. Trafficking in persons continues to be regarded as a global crisis, with alarming statistics that underscore its severity.
. The Global Slavery Index (2023) reports that approximately 50 million people currently live in conditions of modern slavery, the highest number ever recorded in human history.
These are not just numbers they represent real people, including men, women and children trapped in a web of exploitation and abuse.
Even after ten years of raising global awareness, the situation remains deeply troubling. Despite ongoing efforts to combat human trafficking, a significant barrier remains: the lack of awareness and knowledge among the general public. Many individuals, including potential victims, are unaware of what constitutes human trafficking, the various forms it can take, the signs to look out for, and their right to seek protection under the law.
The clandestine nature of this crime, often hidden in plain sight, complicates the issue further. Traffickers exploit this lack of visibility, blending into everyday settings and making it difficult for even trained observers to identify and assist survivors. This pervasive lack of understanding hampers efforts to effectively combat human trafficking, ultimately allowing traffickers to continue their operations with relative impunity.
The Guyana Association of Women Judges (GAWJ) takes this opportunity to educate the public on what trafficking is and its various forms.
By raising awareness, we aim to improve the identification of potential victims and empower individuals to take action. Together, we can create a safer environment and end this grave human rights violation.
Definition of Trafficking in persons
In Guyana, the Combating of Trafficking in Persons Act No. 2 of 2005 defines trafficking as the recruitment, transportation, transfer, harboring, or receipt of a person through force, coercion, abduction, fraud, deception, abuse of power, or payments to exploit the person.
Forms of Exploitation in Human Trafficking
The Combating of Trafficking in Persons Act outlines various forms of exploitation:
i. Slavery: Keeping individuals in conditions where they are treated as property and deprived of personal freedoms.
ii. Practices Similar to Slavery: Subjecting individuals to conditions akin to slavery, such as forced marriage or debt bondage.
iii. Forced Labor: Coercing individuals to work against their will under threat of punishment.
iv. Servitude: Compelling individuals to provide services they cannot escape from due to threats, coercion, or deceit.
v. Sexual Servitude: Forcing individuals to engage in sexual activities.
vi. Exploitation of Prostitution: Forcing individuals into prostitution, including practices like pimping and pandering.
vii. Commercial Sexual Exploitation: Profiting from sexual activities, including maintaining brothels and producing pornography.
vii. Child Pornography: Exploiting children to create pornographic material.
ix. Illicit Removal of Human Organs: Trafficking individuals to harvest and sell their organs without their consent.
These definitions highlight the severe and diverse nature of human trafficking, underscoring the need for robust legal protections and public awareness to combat this crime effectively.
Recognizing the Signs of Human Trafficking
Human trafficking is a crime often hidden in plain sight, making it challenging to eradicate globally. Despite variations in signs, there are common indicators to watch for. Victims frequently exhibit signs of physical and/or sexual abuse, physical restraint, confinement, or torture. They may appear fearful, anxious, depressed, submissive, tense, or paranoid, particularly when discussing law enforcement. Often, victims are not allowed to speak for themselves, with a third party insisting on being present or translating. They may have few or no personal possessions and exhibit numerous inconsistencies in their stories.
Additionally, victims are typically not in control of their identification documents, such as IDs or passports, and may claim to be just visiting without being able to clarify where they are staying.
Signs of sex trafficking include wanting to stop participating in commercial sex but feeling scared or unable to leave, disclosing reluctance to engage in commercial sex due to pressure, living where they work or being transported by guards, having a “pimp” or “manager” in the commercial sex industry, and working in industries where there is pressure to perform sex acts for money. Recognizing these signs can help identify and support victims of human trafficking.
Distinction between trafficking in persons and smuggling
It is important to distinguish between human trafficking and the smuggling of migrants, as they are often confused. Both involve moving human beings for profit, but trafficking involves additional elements: improper recruitment methods like coercion or deception and an exploitative purpose. The primary revenue for traffickers comes from exploiting victims in forced labor or prostitution, whereas smugglers earn from the fee paid by migrants, with no ongoing relationship after reaching the destination. Smuggling is always transnational, while trafficking can occur within borders. Many victims of human trafficking begin their journey by consenting to be smuggled, only to be deceived and/or later coerced into exploitative situations, making it challenging to differentiate between the two crimes. Accurately identifying and responding to each case is essential, as victims of trafficking are entitled to protection and assistance not typically available to smuggled migrants.
Who are victims?
Human trafficking can happen to anyone, regardless of age, gender identity, or background. However, studies and recent statistics have found that women and children are the predominant groups of victims trafficked across the globe. According to the United Nations Office on Drugs and Crime, 1 in 3 victims of human trafficking globally is a child. Sexual exploitation of women is the most prevalent category of human trafficking, followed by forced labor trafficking.
In Guyana, a significant majority of trafficking cases involve females (87%), predominantly of foreign nationality, with Venezuelan nationals being the most represented group.
The U.S. Department of State’s 2023 Trafficking in Persons Report found that in 2023, 327 trafficking victims were identified in Guyana. Of these, 239 were women, one man, and seven girls were exploited in sex trafficking. Additionally, 24 women, 27 men, 12 girls, and 17 boys were exploited in labor trafficking.
Tactics of traffickers
Traffickers exploit various vulnerabilities to control and profit from their victims. Some key risk factors include recent migration or relocation, substance abuse, disabilities, poverty, limited education, lack of work opportunities, lack of family support and homelessness.
Vulnerable groups of citizens are often lured by false promises of employment, education, or a better life, only to find themselves trapped in situations where their dignity, freedom, and basic human rights are stripped away. The principal lure of traffickers is work. According to the IOM global database, approximately 56% of victims were offered jobs, with the most common types being domestic work, dancing/entertainment, waitressing, selling, sex work, and au pair/childcare.
Support Measures for Survivors
Survivors suffer immense trauma, enduring physical, emotional, and psychological scars that can last a lifetime. Recognizing that survivors are often times in dire need of shelter, food, legal assistance, social support, and psychological treatment, the Combating of Trafficking in Persons Act provides a range of protective measures to support their recovery and reintegration into society
If you are a survivor of human trafficking, or know someone who is, do not fear coming forward. Survivors in Guyana are provided with immunity from prosecution for crimes committed as a result of being trafficked and are entitled to restitution for the pain and suffering endured.
Your anonymity will be strictly protected during legal proceedings. You will have access to safe housing, psychological counseling, and medical assistance in a language you understand. Additionally, employment opportunities, educational programs, and vocational training are available to help you rebuild your life. Legal aid will be provided in a language you comprehend, and you may be eligible for work permits.
Temporary visas allow you and your dependent children to stay in Guyana during the criminal case against traffickers, with the possibility of obtaining permanent residency. Family reunification is also facilitated, enabling immediate family members to join you in Guyana. These measures ensure that you can rebuild your life with dignity and security.
A call to action
Human trafficking thrives on exploitation and deception, robbing individuals of their dignity and freedom.
We urge all citizens to learn the signs of trafficking, such as physical abuse, being undocumented, working long hours in harsh conditions, or isolation from family and friends. Share this knowledge, report suspicious activities to the TIP Hotline at 623-5030 or 227-4083, or contact the nearest police station. Support organizations that aid survivors. Together, we can end this crime and restore freedom and dignity to those affected. Stand up, speak out, and end human trafficking.
