Combatting of TIP Bill (2023): State to now get power to go after foreign assets of traffickers for restitution

The Combating of Trafficking in Persons Bill (2023) was on Monday tabled in the National Assembly, proposing sweeping changes that will better protect at-risk persons from the scourge of human trafficking.
The Bill was presented to the National Assembly during the 63rd sitting, by Human Services and Social Security Minister, Dr Vindhya Persaud. According to her, the Bill will contain comprehensive measures to combat human trafficking. Once passed, the Bill will replace the Combating of Trafficking Persons Act of 2005.
“Mr Speaker, I present to the Assembly the Combating of Trafficking in Persons Bill (2023), Bill number six of 2023, a Bill intituled an Act to provide comprehensive measures to combat trafficking in person and for connected matters. And I move that the Bill be read a first time,” Dr Persaud said.

The Bill covers the recruitment, transportation and sheltering of a child, for the purpose of exploiting them for use in prostitution or the drug trade. In the Bill, a person’s past sexual consent or history, marriage or their immigration status, cannot be used against them. Additionally, the intentional withholding of identification papers is a criminal offence under the Bill.
The transportation of anyone across the border for exploitation is also an offence that will carry, on summary conviction, a $5 million fine and up to 5 years in prison. Convicted persons can also have their assets forfeited to the State, whether local or overseas. The law also allows for restitution to be paid to victims.
Section 7(1) states “Where a person is convicted of trafficking in persons under this act, the courts shall order that person to pay restitution to the victim and shall be guided by information provided by the unit or any other agency or person, pursuant to the list set out in the second schedule.”
Section 8(1) states “All property, including money, valuables and other moveable and immovable property, of a person convicted of trafficking in persons under this Act that was used or intended to be used or was obtained in the course of the crime or as part of benefits gained from the crime shall be forfeited to the State.”
Among the cost that the victim will be compensated for are; medical and psychological treatment, physical and occupational therapy, cost of necessary transportation, temporary housing and childcare, lost income, attorney fees and other costs, compensation for emotional distress, pain and suffering and any other costs suffered by the victim as a direct result of being trafficked.
It was announced earlier this year that Guyana has been able to maintain its Tier One status in the United States Department of State 2022 Trafficking in Persons (TIP) Report. According to the report, “The Government of Guyana fully meets the minimum standards for the elimination of trafficking.”
“The Government continued to demonstrate serious and sustained efforts during the reporting period, considering the impact of the COVID-19 pandemic on its anti-trafficking capacity; therefore, Guyana remained on Tier 1,” the report stated.
In a statement, the Home affairs Ministry had stated that, “This consistent result highlights the deliberate work deployed by the Government of Guyana, the TIP Ministerial Task Force and the collaboration of all stakeholders.”
In addition, the task force established an interviewing and screening centre for suspected victims of TIP. To date, 179 persons have been interviewed and screened including Venezuelan migrants. Also, a gender-responsive and socially inclusive TIP training manual has been developed and is 95 per cent completed.
Moreover, a TIP Migrant Assessment was conducted in Leguan, in the Essequibo River, and a spot inspection at Buck Hall in Region Two.
On top of that, 10 anti-trafficking in person operations were carried out in Regions Four, Five, Seven and One. One case is presently before the court.
The task force also conducted outreaches, sensitisation and awareness sessions in Regions One, Two, Three, Four, Seven, Eight, Nine and 10. In addition, 230 migrants in various communities received sensitisation on the issue of trafficking in person in 2022.
Stakeholders from the Guyana Geology and Mines Commission, Guyana Police Force, Maritime, and Airport security officials, medical professionals, and education, welfare, and guidance officers received training in TIP in the various communities. (G3)