VZCZCXRO3044
RR RUEHGR
DE RUEHGE #0267/01 0712047
ZNR UUUUU ZZH
R 122047Z MAR 07
FM AMEMBASSY GEORGETOWN
TO RUEHC/SECSTATE WASHDC 4899
INFO RUEHPO/AMEMBASSY PARAMARIBO 4322
RUEHCV/AMEMBASSY CARACAS 0486
RUEHBR/AMEMBASSY BRASILIA 1040
RUEHSP/AMEMBASSY PORT OF SPAIN 3997
RUEHWN/AMEMBASSY BRIDGETOWN 1233
RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC

UNCLAS SECTION 01 OF 07 GEORGETOWN 000267 
 
SIPDIS 
 
G/TIP 
G 
INL 
DRL 
PRM 
IWI 
WHA/PPC - MICHAEL PUCCETTI 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN KFRD GY
SUBJECT: SEVENTH ANNUAL TRAFFICKING IN PERSONS 
ASSESSMENT - GUYANA 
 
REF: (A)STATE 202745 
 
¶1. (SBU) The following is Embassy Georgetown's submission of 
information requested in reftel for the 2007 Annual Trafficking in 
Persons Report. 
 
--------------------------------------------- -- 
Begin Report: Overview of country's activities 
to eliminate trafficking in persons: 
--------------------------------------------- -- 
 
¶A. Most trafficking in persons (TIP) in Guyana occurs internally 
although post has received reports of limited trans-border 
trafficking of victims destined for Suriname, Barbados, Trinidad, 
Venezuela, Brazil and the United States.  Within Guyana, trafficking 
reportedly occurs in the interior of the country, where government 
oversight is light and law enforcement is lacking.  Statistical data 
is limited, but an International Organization for Migration (IOM) 
survey of 58 informants in June 2005 cited 12 examples of 
trafficking for forced labor, 24 examples of trafficking for 
prostitution, and 8 cases of trafficking for purposes of domestic 
servitude. 
 
A typical trafficking profile involves young women from the rural 
interior, primarily of Amerindian (indigenous) descent, who receive 
promises to work in rum shops and restaurants on the coast and are 
then forced to work without compensation or to provide sexual 
services.   The IOM's assessment also found instances of trafficking 
for purposes of forced labor that involved sawmill operators or 
land-grant owners taking Amerindian men and boys from their 
communities and forcing them to engage in debt bondage. For 
instance, according to a representative of the Amerindian People's 
Association, in the Demerara area, three or four Amerindian men 
employed in the logging business reported that they were not being 
paid at all for three months. According to a newspaper article, the 
Minister of Amerindian Affairs Carolyn Rodrigues conveyed her 
concern about the issue and was considering publishing the names of 
the timber companies or looking into the possibility of pulling 
concession licenses from the timber companies in question. 
 
Sources of information used to compile this report include the 
Ministry of Labor, Human Services and Social Security (M0LHSSS), the 
Guyana Police Force, Help and Shelter, the Amerindian People's 
Association, the Guyana Human Rights Association (GHRA), Red Thread, 
the IOM, and members of Parliament representing both the government 
and the opposition. (Note: The Ministry of Labor, Human Services and 
Social Security appointed a new Minister of Human Services and 
Social Security in Septmeber 2006, who now has the lead for TIP 
activities.) 
 
¶B. Guyana has made progress in moving beyond acknowledging TIP as a 
problem and identifying cases to actively prosecuting traffickers 
and assisting victims.  The government has charged several persons 
under the Combating Trafficking in Persons Act of 2005. As mentioned 
in previous years, there is political will to address trafficking in 
persons issues. Significant efforts in the reporting period included 
continued training for volunteers - teachers, nurses, police and 
other community development social workers who help identify 
trafficking crimes at the community level. Since last year's report, 
the Ministry of Human Services and Social Security carried out 2 
training sessions at various sites across the country that reached 
an additional 55 participants. (From 2005 to June 2006, the ministry 
organized 12 workshops for a total of 416 volunteer participants.) 
The ministry also continued outreach and sensitization campaigns to 
Amerindian communities. (Since the awareness program began in July 
2004, 4,400 people have participated in the program in 30 vulnerable 
communities.   There were 27 TIP reports filed by these communities 
since the campaign began with five of those reports being filed in 
2007.) However, despite overt political will, Guyana's capacity to 
secure convictions remains limited.  The GOG's designated TIP 
coordinator reports that rural magistrates are unfamiliar with 
trafficking in persons law, and cases tried in Georgetown move at an 
 
GEORGETOWN 00000267  002 OF 007 
 
 
excruciatingly slow pace amidst Guyana's heavily-backlogged judicial 
system.  In addition, contacts in the interior report little active 
law enforcement activity.  TIP enforcement in Guyana is still very 
much reactive. 
 
Post has observed little change in the general modus operandi of 
traffickers.  Destinations for trafficked persons tend to center 
around transportation and commercial centers, notably in the 
interior logging and mining communities and also in the Corentyne 
River region.  Young, impoverished Amerindian women from rural areas 
remained the major target, and they are recruited into jobs as 
waitresses at restaurants or rum shops, as domestic workers, or as 
salesclerks that ultimately involved sexual exploitation and 
uncompensated labor.  In some instances, victims are forcibly 
abducted.  According to Amerindian representatives, they have 
received reports from communities in Region One, a mining area, that 
indicate that school children as young as 13 were being used for 
prostitution with parental consent. The traffickers tend to be small 
business owners. 
 
Persons trafficked to the United States use false documents or 
travel as impostors, however, most trans-border trafficking involved 
movement without any documents. Guyanese men and women are also 
trafficked to the United States for prostitution and forced or 
coerced labor. Young Guyanese women who use the services of alien 
smugglers while trying to enter the United States are exposing 
themselves to rape or assault by the smugglers. 
 
¶C. An inability to access rural communities in which the majority of 
TIP activity occurs, and the costs required to do so in a timely 
manner, are major limitations.  In addition, the government's 
capacity to prosecute cases is limited.  At the close of 2006, 
Minister of Human Services and Social Security Priya Manickchand 
called for speedy trials in TIP cases and urged police to do more to 
create the right atmosphere to make people feel more confident in 
reporting TIP crimes. She also said that the ministry is preparing a 
report on how various agencies can improve their response to TIP 
cases. Post does not have substantiated information on corruption as 
it specifically relates to trafficking in persons.  Last year, the 
GOG provided approximately US$30,000 to fund Help and Shelter, a 
victim services provider.  USAID and UNICEF have also contributed 
resources for victim assistance. 
 
¶D. The MOLHSSS, the designated lead agency in the GOG's anti-TIP 
efforts, issued a "Review of Counter Trafficking in Persons 
Activities 2004-2005" in January 2006 that included information on 
legislation, law enforcement activities, public awareness and 
sensitization programs, and victim protection efforts.  The report 
also included an assessment of challenges and emerging needs that 
mainly focused on policing the vast hinterland and reaching out to 
Amerindian communities.  In addition, the ministry periodically 
released activity reports for its Counter Trafficking in Persons 
Unit , which included dates, locations, and number of participants 
for its public awareness and training efforts. 
 
----------- 
PREVENTION: 
----------- 
 
¶A. The GOG continued to recognize trafficking in persons as a 
problem and worked with the USG, the IOM, UNICEF and other 
stakeholders to combat it.  TIP is regularly referenced in 
newspapers, and the 2007 budget committed additional funds for 
upgrading police programs including the force's ability to address 
TIP issues. 
 
¶B. The Ministry of Labor, Human Services, and Social Security 
(MOLHSSS)is the designated lead agency for the GOG's 
anti-trafficking efforts.  A three-person Counter-TIP Unit within 
the MOLHSSS coordinates the GOG's efforts under the supervision of 
Minister Priya Devi Manickchand. In addition, the Guyana Police 
Force (GPF), the Ministry of Amerindian Affairs, Ministry of Home 
 
GEORGETOWN 00000267  003 OF 007 
 
 
Affairs, the Forestry Commission, and the Guyana Geology and Mines 
Commission (GGMC) actively participate in GOG's anti-TIP efforts. 
Together with local non-government organizations, these government 
ministries formed a coalition in 2004 that meets to address 
trafficking in persons issues. 
 
¶C. The MOLHSSS has held a series of seminars since July 2004 to 
sensitize the public about trafficking in persons.  In 2005 the 
ministry launched a public awareness campaign that included an 
estimated 56 articles in various publications, radio programs, and 
meetings with prominent stakeholders in the religious, mining, 
business, and local government communities.  Most of these 
activities have focused on potential victims and victim 
identification. In the past year, there have been TIP education 
television and radio programs as well. A call-in radio program 
addressing TIP issues directed to residents in the Essequibo region 
in January resulted in three TIP reports from the region within two 
days. Moreover, in anticipation of growing trafficking 
vulnerabilities during the Cricket World Cup games scheduled to take 
place in Guyana from March 27, 2007, to April 9, 2007, the 
ministry's Counter-TIP Unit coordinated a campaign aimed at 
businesses located along the main corridor road stretching from the 
international airport to Georgetown. (The New Providence Stadium 
where the CWC games will be played is located on the same road.) 
The Counter-TIP Unit staff handed out brochures and flyers, provided 
information on Guyana labor laws and warned business owners that the 
ministry would be back to follow-up. 
 
¶D. In January 2006, the non-governmental organization (NGO) Partners 
of the Americas launched a U.S. Department of Labor-funded US$2 
million program to combat child labor through education.  The 
program focuses on re-entry of truant children into the school 
system, an awareness campaign to sensitize parents, educators, and 
other stakeholders of the worst forms of child labor and the 
importance of education.  The Government of Guyana has also provided 
seed money to families to assist with school expenses, trained 
social workers in trafficking awareness, and promoted vocational 
education programs to potential trafficking targets.  It also 
sponsors a domestic violence sensitization and victim assistance 
program through Help and Shelter.  The domestic violence public 
awareness program includes a TIP component.  The NGO Red Thread 
works with women to improve economic decision-making: efforts that 
are generally lauded by the GOG.  The GPF works with the Guyana 
Human Rights Association (GHRA) to provide human rights training to 
officers outside of Georgetown and to new police officers during 
their orientation training.  GHRA provides the training free of 
charge. The government also sponsors microenterprise and sewing and 
craft programs to provide income for vulnerable groups. 
 
¶E. As reported in previous submissions, some NGO relationships with 
the GOG are strained, while others are getting stronger.  Help and 
Shelter enjoys a positive relationship with the MOLHSSS. The 
ministry's Counter-TIP Unit referred four victims of trafficking to 
Help and Shelter for counseling in 2006.  The GHRA collaborates with 
the GOG on training and identification, and in April 2006, the GHRA 
gave the GPF a new Human Rights Training manual. The GHRA argues 
that the GOG should be more proactive in TIP enforcement. Contacts 
who represent Amerindian communities have echoed this claim and 
report less satisfaction with government responses to the issue, 
stating that there are no new visible efforts in the last year 
regarding the issue. 
 
¶F. The GOG's immigration record-keeping system is antiquated, and 
the GOG does not make a concerted effort to cull travel patterns for 
evidence of trafficking.  To Post's knowledge, most of the 
trans-border human trafficking activity occurs across the country's 
porous borders with Suriname and Brazil, making efforts to screen 
for potential trafficking victims along borders extremely difficult. 
The Counter-Tip Unit provided training for the Ministry of Home 
Affairs to familiarize immigration officers with ways to identify 
trafficking victims. 
 
 
GEORGETOWN 00000267  004 OF 007 
 
 
¶G. The Counter-Trafficking in Persons Unit within the MOLHSSS is the 
designated government office for TIP concerns, with Technical 
Officer, Javed Shadick as the point of contact and Minister Priya 
Manickchand as the lead government official in charge. The 
Counter-Trafficking in Persons Unit works together with a coalition 
that coordinated an education and awareness campaign throughout 
¶2006. In addition, according to the Counter-TIP Unit Technical 
Officer, the office is setting up a network that will put troubled 
communities in communication via telephone to stay informed on 
trafficking issues.  All trafficking cases are referred to the GPF's 
Criminal Investigative Division.  The GPF works closely with the 
Mininstry of Labor, Human Services and Social Security to provide 
care to victims of trafficking.  Guyana does not have a public 
corruption task force. 
 
¶H. As reported in previous years, the GOG has a national plan of 
action to address TIP.   The GOG, under the auspices of the Ministry 
of Human Services and Social Security, consulted the GPF, the GGMC, 
the Ministry of Amerindian Affairs, the Women's Affairs Bureau, Red 
Thread, the GHRA, Help and Shelter, Ribbons of Life, a variety of 
local women's rights groups, and the International Organization for 
Migration to develop the plan.  The National Plan of Action included 
a nationwide public awareness campaign.  MOLHSSS estimates that 
roughly 4,400 participants have attended the town-hall type meetings 
in each of Guyana's 10 regions.  The MOLHSSS worked with the IOM to 
train 416 trainers from all of the regions to return to their 
communities and raise awareness.  The National Assembly passed the 
Combating of Trafficking in Persons Bill on December 13, 2004, as 
part of the plan. According to the Counter-Trafficking in Persons 
Unit, the office is looking to create an updated plan that will 
incorporate the latest community telephone networking proposal. 
 
--------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
--------------------------------------------- 
 
¶A. The Combating of Trafficking in Persons Act became law in 2005. 
In addition, perpetrators who kidnap or lure victims for purposes of 
sexual exploitation may be charged under Guyanese Criminal Law 
Chapter 8.01, Section 87 (forced detention-sex) and sections 72 and 
73 (procurement). There is no new legislation to report this year. 
 
¶B. Those traffickers convicted on summary judgment(lesser offenses) 
are subject to prison terms of 3-5 years.  Traffickers convicted on 
indictment (more serious offenses) are subject to prison terms of 5 
years to life imprisonment.  All convicted traffickers are subject 
to confiscation of property used or gained during the course of the 
crime and would be ordered to pay restitution to victims. 
 
In addition, convicted traffickers face: 
 
-two additional years imprisonment if the person used, threatened to 
use, or caused another to use or threaten to use a dangerous 
weapon; 
-five additional years imprisonment if the victims suffers a serious 
bodily injury or if the crime involves sexual assault; 
-five additional years imprisonment if the trafficking victim was 
exposed to life threatening illness or was forced into any addiction 
to drugs and/or medication; 
-ten additional years imprisonment if the victim suffers a permanent 
or life-threatening injury; 
-three additional years imprisonment if the crime was organized by 
an organized criminal contingent; 
-four additional years imprisonment if the crime resulted from abuse 
of power or a position of authority. 
 
¶C. Punishment of Labor Trafficking Offenses carries the same 
penalties as trafficking for sexual exploitation. 
 
¶D. Guyanese criminal law calls for life imprisonment for rape, five 
years for sexual assault, and ten years for forced detention for 
purposes of sexual exploitation. However, judges have discretion in 
 
GEORGETOWN 00000267  005 OF 007 
 
 
sentencing with 5 to 10 years imprisonment being the trend. This 
compares to a possible sentence of 5 years to life under the TIP 
Act. 
 
¶E. Prostitution, including the activities of the prostitute and the 
brothel owner/operator, clients, and pimps, are illegal in Guyana, 
but these laws are rarely enforced. In a case of sporadic 
enforcement, in September 2006, five Brazilian dancers were charged 
with performing indecent acts at a local nightclub. Some of the 
dancers were not able to present passports showing they were in 
Guyana legally. Later in the month, the owner of the club was 
charged with not having the requisite music and dancing licenses. 
According to the Office of Public Prosecution, the charges were 
dismissed against the women for want of prosecution.  The National 
Assembly passed the Age of Consent Bill in October 2005, raising the 
age of consent from thirteen to sixteen years of age. 
 
¶F. To date, the government has secured no convictions under the 
Trafficking in Persons Act.  Based on information provided by the 
MOLHSSS and the GPF, Post is aware of 12 people who have been 
charged under the act.  Two cases were dismissed for want of 
prosecution, and the other cases are still pending before the 
excruciatingly slow Guyanese judicial system. Note:  Often a 
dismissal for "want of prosecution" indicates that the victim did 
not attend the court hearing or the police failed to show. There 
were 27 TIP investigation reports filed since the government began 
tracking the issue in 2005. 
 
¶G. Reports suggest traffickers are independent business people who 
typically lure victims into employment at their enterprises. 
Several recent arrests have involved cases where a business person 
collaborated with residents of rural areas who trafficked women from 
their community. Post has no reliable information on the direct 
involvement of government officials. 
 
¶H. According to the GPF, the police are not using electronic 
surveillance techniques. The main problem affecting investigations 
is the difficulty of gathering evidence in interior regions and the 
expense of those investigations. Also the ability of victims to keep 
court appointments also hinders prosecution. 
 
¶I. Police officers have attended the MOLHSSS's training sessions on 
TIP identification. In June 2006, six police officers and two 
employees from the Counter-TIP Unit within the Ministry of Human 
Services and Social Security participated in a two-week trafficking 
in persons training program in the Bahamas organized by the 
International Organization for Migration. However, contacts in the 
rural Rupununi region report that the police have little familiarity 
with recognizing or prosecuting TIP cases.  In addition, rural 
magistrates are unfamiliar with the intricacies of TIP 
investigations. The Minister Manickchand is pursuing a proposal with 
the Chief Justice that would allow a magistrate in Georgetown to be 
the designated judicial official for TIP prosecutions. 
 
¶J. In previous years, the ministry has worked cooperatively with 
Barbados authorities to foil trafficking.  The ministry also works 
closely with the Brazilian Embassy in Georgetown to obtain 
information on potential Brazilian TIP victims.  The previous year's 
submission referenced links with Suriname officials established in 
the wake of the discovery of women being trafficked into that 
country from Guyana. According to the point of contact with the 
MOLHSSS Counter-TIP Unit, in 2006, a young Guyanese woman answered 
an ad for domestic help in Trinidad. In Trinidad, the employer took 
her documents, did not compensate her and the job differed from what 
was advertised. When she complained, the employer sent her to 
Barbados (instead of Guyana) where she was deported back to Guyana 
at the point of entry. The Counter-Tip Unit of MOLHSSS is working 
with the Guyana Police Force and the case is ongoing. 
 
¶K. Guyana does not have a legal restriction on the extradition of 
its nationals.  To date, Post is unaware of any requests to Guyana 
from other countries for extradition of suspects to face trafficking 
 
GEORGETOWN 00000267  006 OF 007 
 
 
in persons charges. 
 
¶L. There is no reliable evidence of government involvement in or 
tolerance of trafficking, on a local or institutional level. The 
IOM's study does include one interview where an informant alleged 
that people are afraid to report trafficking to the police because 
the police in turn inform the proprietors where they received the 
information (See below).  On a broader level, weak institutions and 
corruption have traditionally aided and abetted migrant smuggling in 
Guyana. 
 
¶M. The quality of the police force is at question: The director of 
public prosecution noted that in 2006 an Amerindian woman notified 
the police that her daughter was missing and that she had heard the 
daughter was working at a restaurant. The police officer went to the 
shop, found the girl, but instead of taking action, accepted a bribe 
from the owner of the restaurant and did nothing. The police officer 
was charged with corruption and the shopowner was also charged as 
the girl was not receiving money for her work. 
 
¶N. Guyana is not known to be a destination for child sex tourism. 
 
¶O. Guyana ratified ILO Convention 182 on January 15, 2001.  Guyana 
ratified ILO Convention 29 and 105 on June 8, 1966.  Guyana has not 
signed the Optional Protocol to the Convention on the Rights of the 
Child (CRC) on the Sale of Children, Child Prostitution, and Child 
Pornography or the Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, especially Women and Children. 
 
------------------------------------- 
PROTECTION AND ASSISTANCE TO VICTIMS: 
------------------------------------- 
 
¶A. The MOLHSSS provided funding to renovate Help & Shelter's victim 
shelter, which reopened in late 2005.  In addition, the MOLHSSS's 
Counter-TIP unit refers cases to probation officers who can make 
referrals for additional services.  Help and Shelter also has a 
directory of relief services.  According to the IOM, there is no 
legislation offering alternative treatment for illegal migrants 
where abuse is suspected. 
 
¶B. The MOLHSSS provided GY$6 million (US$30,000) to Help and Shelter 
to renovate its shelter in 2005.  The 2007 budget included GY$1 
million(US$5,000) for Help and Shelter. 
 
¶C. The MOLHSSS refers cases to Help and Shelter or Amerindian 
hostels.  In 2006, the ministry referred four victims to Help and 
Shelter for counseling.  Post notes that the intake forms at the 
shelter do not specifically inquire whether the client is a TIP 
victim, but the shelter's coordinator says that such information is 
usually indicated in the case notes. Children are typically returned 
to their parents. 
 
¶D. Much of the training for police officers has addressed treating 
victims with respect. Post reported in its 2005 submission that some 
trafficking victims from Suriname were detained for immigration 
violations.  Post has not received additional reports of such 
incidents. 
 
¶E. There are no known restrictions on material witnesses' freedom of 
movement.  The GOG does not have a victim restitution program, and, 
while victims have the legal right to file a civil suit against a 
perpetrator, this has not been tested. Most cases take so long to 
prosecute that they die out before a judgment is rendered. 
 
¶F. Help and Shelter has a secret location where victims can be 
sheltered while their case is prosecuted.  In addition to housing, 
the shelter provides counseling and medical services. 
 
¶G. Government officials have attended the MOLHSSS's workshops on TIP 
prevention as well as those held by IOM.  In addition, two ministry 
representatives and representatives from two NGOs have attended 
 
GEORGETOWN 00000267  007 OF 007 
 
 
overseas seminars hosted by IOM.  The GOG has not engaged its 
handful of overseas missions and consulates in TIP matters. 
 
¶H. When the MOLHSSS encounters such cases, it refers the victims to 
Help and Shelter as well as to the social workers in the ministry's 
Counter-TIP Unit.  The GOG also provides medical attention, housing, 
and repatriation allowances to victims.  In the past, repatriated 
victims have been provided with housing at the Amerindian Hostel in 
Georgetown before receiving funds to return to their communities. 
 
¶I. Help and Shelter opened its shelter in late 2005.  In addition, 
Red Thread and GHRA work with victims of domestic abuse, HIV/AIDS, 
the sex trade, and trafficking victims.  They provide HIV/AIDS 
testing, counseling, and shelter.  While most NGOs have not as yet 
worked directly with trafficking victims, all have expressed their 
willingness to do so.  USAID, UNICEF and the IOM have assisted these 
efforts. 
 
¶2. Embassy Georgetown's point of contact is Nancy E. Long, 
Economic/Commercial Officer, telephone (592)226-4309, IVG 747-0220, 
fax (592) 227-0240. This report was drafted in 8 hours and related 
investigation and meetings involved 24 hours. 
 
 
ROBINSON