Rights activist recommends amnesty for TIP victims who testify

– says it could help address some of the challenges

While backing calls made by Acting Chancellor of the Judiciary Yonette Cummings-Edwards to do more to address the scourge of Trafficking in Persons (TIP) in Guyana, rights activist Nicole Cole is now urging the authorities to consider providing amnesty for those victims who are willing to testify.
Cole said this could possibly help to address some of the core challenges faced in Guyana regarding TIP. However, she said the first thing that needs to be done is to recruit persons who are bilingual and can communicate effectively with the foreign nationals who are caught in conflict with the law here.
Recently, the acting Chancellor said combatting the scourge of TIP is more than just solving the crimes and helping the victims, and even though there has been progress, there is much more that needs to be done. She pointed to challenges in identifying who is the victim of trafficking, and where in many cases, some of the victims are foreign nationals and only speak Spanish or Portuguese.
Cole said in some cases, these foreign nationals are afraid of deportation and if they know there is an option out, some of them are likely to choose to testify. But according to her, this decision will have to be made after proper consultation is done in a way that puts a dent in TIP in Guyana.
She has also made recommendations for the issue to be tackled by the Public Health Ministry. “The psychological trauma occasioned by modern-day slavery has to also be addressed by the Public Health Ministry, whereby clinical screening is facilitated for survivors of TIP,” she added.

According to Justice Cummings-Edwards, it was pointed out that the police officers are instituting charges but have been unable to complete the files in a timely manner. This has, in many cases, resulted in the victims’ unwillingness to testify and the inevitable dismissal of cases for want of prosecution.
The rights activist said if the police are unable to identify who really are the victims as alluded to by the Chancellor then it’s a waste of State resources and the court’s time to even take those cases to court because there will be zero convictions. “We cannot be seen as unprepared to prosecute foreigners who violate our law because it sends a very weak message to others who are thinking of doing same.”

Cracks
According to Cole, shoddy defective work by some members of the Guyana Police Force (GPF) is another reason why many rape cases fall through the cracks and in the cases of TIP, it’s no different. She said, “The GPF is being asked to ‘fetch water in a basket’ because they lack the human and financial resources to effectively execute their mandate, yet the public expects them to ‘serve and protect!’”
Given what the acting Chancellor observed as it relates to the case file not being completed in a timely manner although charges were instituted, smacks of gross incompetence, negligence and an abdication of duty by those prosecutors, Cole said. “A failure to do so will occasion an environment of mediocrity and an attitude of unprofessionalism which can be scientifically observed in our court system.”
Guyana’s small population has been hit with the growing epidemic of human trafficking cases, with statistics demonstrating that some 156 cases were recorded for 2018 alone. Out of the 156 persons that were assisted, some 93 were transferred to shelters and similar agencies for additional support.
This trend has continued into 2019, with some eight cases reported in less than two months. For this, provisions were made for other countries and entities to contribute in these investigations. To date, Guyana has recorded eight cases of suspected trafficking in persons.
Some 45 victims were identified in Guyana. Government recently worked with the International Organisation for Migration to repatriate one victim who was recruited in Guyana but trafficked to a Caribbean country.
The GPF has also played a role in locating trafficked persons and preventing such incidents.
In its 2018 TIP Report, the United States (US) State Department noted that although the Guyana Government meets the minimum standards, it did not provide adequate protection and shelter outside the capital, or for child and male victims. It said the number of trafficking investigations and new prosecutions decreased, and the number of successful convictions remained low.