US report raises concerns over low prosecution rate in TIP cases in Guyana

While Guyana remains at Tier One for the sixth consecutive year in the latest Trafficking in Persons (TIP) report released by the US State Department, officials have raised concerns about the low conviction rate of human traffickers, urging that the country “increase prosecutions and convictions in sex and labour trafficking cases, including for cases involving child victims.”
Although the Government meets the minimum standards for the elimination of TIP, the report, which was released earlier this month, noted the country did not convict any traffickers for the first time in four years. Penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those prescribed for other crimes such as rape, the report said.
In 2021, it pointed out that the Government reported initiating investigations in 38 cases involving 57 suspects: 46 for sex trafficking and 11 for labour trafficking, compared with 31 new cases (23 for sex trafficking and eight for labour trafficking) in 2020. According to the document, the Government continued one sex trafficking investigation from the previous reporting period.
According to the document, the Government also reported it initiated prosecutions against three suspected traffickers, one for sex trafficking and two for labour trafficking, compared with one new prosecution for sex trafficking in 2020 and three prosecutions in 2019.
For the reporting period, authorities ceased prosecution of one alleged sex trafficker following his death and continued prosecutions against two defendants, one for sex trafficking and one for labour trafficking—the latter case was dismissed in December 2021 for insufficient evidence.
“Authorities did not convict any traffickers, compared with convicting one trafficker for each of the past three years. The Government did not report any new investigations, prosecutions, or convictions of government employees complicit in trafficking offences,” noted the report.
The report stated that in February 2022, the media reported accusations from 20 Venezuelan women that Police had assaulted and robbed them during a raid on a hotel where Police suspected trafficking was taking place. It further stated that the Government did not report on the appeal of a former Police officer convicted of sex trafficking and released on bail pending appeal in 2016; the appeal was still pending at the end of the reporting period.
Importantly, the report highlighted that “the Government reported both of these factors contributed to the low prosecution rate”. According to officials, the Guyana Government also indicated that victims’ distrust in law enforcement, prosecutors, and the judicial system; the inability to guarantee the safety of victims and their relatives; language barriers; and delays in investigations were challenges in prosecuting trafficking.
“The judicial process remained slow, with trafficking and other major criminal trials taking an average of two years and up to three years to complete due to shortages of trained court personnel, postponements at the request of the defence or prosecution, allegations of bribery, poor case tracking, and delays in preparing cases for trial,” the report outlined.
Overall, the US gave Caricom countries mixed reviews for their efforts to combat TIP.
During a panel discussion last week to mark World Day Against Human Trafficking which is held on July 30 annually, Second Vice President of the Guyana Association of Women Judges, Magistrate Christel Lambert urged human trafficking victims, especially undocumented persons, to come forward. She assured them that they will not be prosecuted for immigration-related offences.
This year’s World Day Against Trafficking in Persons was held under the theme: “Use and Abuse of Technology”. It focuses on the role of technology as a tool that can both enable and impede human trafficking.
Guyana’s commitment to preventing this form of serious modern-day slavery has seen the enactment of the Combatting Trafficking in Persons Act of 2005, which criminalises all forms of human trafficking, and prescribes adequately stringent prison sentences.
In Guyana, the crime is punishable by sentences ranging from three years to life in prison.
Human trafficking is the third largest criminal activity in the world behind guns and drug trafficking.