VZCZCXRO6779
PP RUEHGR
DE RUEHGE #0148/01 0771225
ZNR UUUUU ZZH
P 171225Z MAR 08
FM AMEMBASSY GEORGETOWN
TO RUEHC/SECSTATE WASHDC PRIORITY 6266
INFO RUCNCOM/EC CARICOM COLLECTIVE
RHMFIUU/DEPT OFHOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF REASURY WASHINGTON DC
RUEAWJA/DEPT OF JUSTICE WAHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC

UNCLAS SECTION 01 OF 02 GEORGETOWN 00148 
 
SIPDIS 
 
G/TIP 
G 
INL 
DRL 
PRM 
 
WHA/PPC - SCOTT MILLER 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN KFRD GY
SUBJECT: EIGHTH ANNUAL TRAFFICKING IN PERSONS 
ASSESSMENT - GUYANA 
 
REF: STATE 2731 
 
¶1. (SBU) The following is Embassy Georgetown's submission of 
information requested in reftel for the 2008 Annual Trafficking in 
Persons Report.  After a full review of the available information, 
Post has found that Guyana is not/not a country of origin, transit, 
or destination for a "significant" number of victims of severe forms 
of trafficking, as spelled out in reftel and in the TVPA of 2000. 
Post accordingly responds in this cable only to the relevant 
questions in reftel, as identified in reftel paragraph #8. 
 
¶2. (SBU) Begin text: 
 
------------------------------------------- 
Overview of country's activities to eliminate trafficking in 
persons 
------------------------------------------- 
 
¶A. All available information shows that Guyana is not/not a country 
with a significant number of victims of severe forms of trafficking. 
Sound statistical data is virtually nonexistent, other than cases 
specifically reported, either through a police complaint or 
self-identification to human service providers.  No surveys that are 
thorough, unbiased, and based on current information are known to 
exist.  The local NGO Help and Shelter, which principally assists 
victims of domestic and sexual abuse but also provides assistance to 
trafficking victims, reported that for all of 2007, only two 
individuals who approached the shelter were potential victims of 
trafficking. 
 
Sources of information used to compile this report include the 
Guyanese media, the Ministry of Labor, Human Services and Social 
Security (M0LHSSS), the Director of Public Prosecutions (DPP), the 
Guyana Police Force, the victim's assistance NGO Help and Shelter, 
the US-based NGO Catholic Relief Services, the Guyana Human Rights 
Association (GHRA), Red Thread, IOM, and members of Parliament 
representing both the government and the opposition. 
 
¶B. After visiting more than fifty communities in all ten 
administrative regions of the country, and conducting 
awareness-raising programs that have reached more than 5,000 
Guyanese citizens, the Minister for Human Services could find no 
discernable degree of TIP in Guyana.  Almost all exploitation 
observed or described both to the Ministry and to other embassy 
sources involves the voluntary performance of labor. 
 
¶C. The Ministry of Labor, Human Services, and Social Security 
(MOLHSSS) is the designated lead agency for the GOG's anti-TIP 
efforts.  A Counter-TIP Unit within the MOLHSSS coordinates the 
GOG's efforts under the supervision of Minister Priya Manickchand. 
In addition, the Guyana Police Force (GPF), the Ministry of 
Amerindian Affairs, Ministry of Home 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 form a 
coalition that meets to address TIP issues. 
 
¶D. Government officials acknowledge that TIP cases do occur in 
Guyana, and in addition to awareness-raising campaigns the 
government continues efforts to prosecute traffickers and assist 
victims.  Guyana is a country the size of Idaho, mostly covered in 
dense forest, and hosts an approximate population of a mere 750,000 
- 90 percent of which lives along the coast.  The government's 
recently released annual budget was its largest ever - a paltry $600 
million. Combined with the absence of a serious TIP problem, the 
government's attention and modest resources will by necessity be 
directed towards a host of other security-related challenges. 
 
¶E. The government has been fully transparent both with the embassy 
and with other external sources in providing data and discussing TIP 
policy, and is fully willing to address TIP cases that come to its 
attention. In addition, the ministry periodically releases activity 
reports for its Counter Trafficking in Persons Unit, which include 
dates, locations, and number of participants for its public 
awareness and training efforts. However, evaluating progress in 
attacking a problem that does not meaningfully exist is, of course, 
impossible. 
 
-------------------------------------------- 
 
GEORGETOWN 00000148  002 OF 002 
 
 
Investigation and prosecution of traffickers 
-------------------------------------------- 
 
¶F.  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. 
 
¶G. 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 could 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. 
 
¶H. Punishment of Labor Trafficking Offenses carries the same 
penalties as trafficking for sexual exploitation. 
 
¶I. 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 
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. 
 
¶J. 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. The National Assembly passed the 
Age of Consent Bill in 2005, raising the age of consent from 
thirteen to sixteen years of age. 
 
------------------------------------ 
Protection and assistance to victims 
------------------------------------ 
 
¶K. The government's 2008 national budget includes GY$5 million 
(US$25,000) for the Help & Shelter's victim assistance shelter, 
which serves trafficking victims.  Only two such victims came to 
Help and Shelter in 2007. 
 
¶L. The government does encourage victims to assist in the 
investigation and prosecution of trafficking cases, but victims 
often refuse to testify, presumably for fear of eventual reprisal. 
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. There are 
no known restrictions on material witnesses' freedom of movement. 
 
End text. 
 
¶3. (SBU) Embassy Georgetown's point of contact is Rolf Olson, 
Political/Economic Officer, FS-03, telephone (592)225-4900, ext. 
4214, IVG 747-4214 , fax (592) 227-0240. This report was drafted in 
6 hours and related investigations and meetings involved 20 hours. 
 
WILLIAMS