GUYANA (Tier 1)
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; therefore, Guyana remained on Tier 1. These efforts included convicting one sex trafficker and ordering her to pay restitution, increasing prosecutions, and collaborating with foreign governments to investigate trafficking cases. The government identified more trafficking victims, significantly increased funding for protection and prevention efforts, and conducted extensive awareness campaigns and training. Although the government meets the minimum standards, it did not vet labor agreements with the Chinese government and had not yet commenced vetting labor agreements with the Cuban regime for trafficking vulnerabilities. It also did not adequately screen Chinese national and Cuban regime-affiliated workers for trafficking indicators nor conduct sufficient inspections of these nationals’ worksites. The government did not: adequately oversee recruitment agencies, eliminate worker-paid recruitment and placement fees, nor adequately screen for trafficking victims in the interior of the country. In addition, the government did not adequately enforce the payment of restitutions to victims.
PRIORITIZED RECOMMENDATIONS:
- Increase prosecutions and convictions in sex and labor trafficking cases, including for cases involving child victims.
- Proactively screen Chinese national and Cuban regime-affiliated workers, vet labor agreements with the Chinese government, and regularly conduct inspections of worksites employing Chinese nationals.
- To prevent forced labor among Cuban workers in Guyana, hire any Cuban workers directly and utilize hiring practices that are in line with domestic and international law, and provide adequate protection to Cuban victims of human trafficking.
- Increase labor inspections at high-risk worksites in the mining and logging districts.
- Take steps to eliminate recruitment or placement fees charged to workers by labor recruiters and ensure any such fees are paid by employers.
- Complete a review of existing legislation on labor recruitment and increase the number of labor inspectors.
- Enforce judgments of restitution.
- Proactively screen other vulnerable populations, including Haitian migrants, for trafficking indicators; refer them to services; and ensure potential victims are not deported without screening.
- Hold convicted traffickers, including complicit officials, accountable by seeking adequate penalties, which should involve significant prison terms.
- Ensure security for victims, especially those residing in government shelters, and their relatives.
- Reduce reliance on victims to serve as witnesses in prosecutions.
- Include relevant NGOs in monthly Task Force meetings and proactively seek input from NGOs for initiatives and measures aimed at preventing trafficking.
PROSECUTION
The government maintained prosecution efforts.
The Combating Trafficking of Persons Act of 2023, which repealed the earlier Combating Trafficking in Persons Act of 2005, criminalized sex trafficking and labor trafficking and prescribed penalties of five years to life imprisonment. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with those prescribed for other grave crimes, such as rape. The law, which was enacted in June 2023, increased previously prescribed penalties for trafficking crimes, extended criminal liability to corporations, and explicitly included the use of children for the production and distribution of narcotics within the definition of trafficking. The law also defined trafficking broadly to include illegal adoption without the purpose of exploitation.
The government initiated investigations in 31 cases (19 for sex trafficking and 12 for labor trafficking) involving 28 suspects, compared with 77 cases involving 10 suspects (seven for sex trafficking, one for labor trafficking, and two for sex and labor trafficking) in 2023. The government continued 10 investigations from previous reporting periods, compared with two in 2023. The government charged three of the 28 suspects under the 2023 anti-trafficking law for sex trafficking but did not charge the remaining 25 suspects due to insufficient evidence. The government initiated prosecutions of three alleged traffickers, two men and one woman, for sex trafficking in six cases under the 2023 anti-trafficking law. Authorities charged one male defendant with one count of child sex trafficking, in addition to charging him under the Sexual Offense Act and the Summary Jurisdiction (Offenses) Act for sexual and bodily harm against a child younger than 16 years old; the other male defendant was charged with two counts of complicity in sex trafficking cases; and the female defendant was charged with three counts of sex trafficking, one of which involved a child. Authorities charged a fourth suspected trafficker under the Sexual Offense Act – a non-trafficking law. In prosecutions of two defendants that remained pending from the previous reporting period, authorities acquitted one suspected sex trafficker and dismissed charges against one suspected labor trafficker. Courts convicted one female sex trafficker under the 2023 anti-trafficking law, the same number of traffickers convicted in 2023. Courts sentenced the sex trafficker to four years’ imprisonment and ordered her to pay 1.5 million Guyanese dollars (GYD) ($6,977) in restitution. Courts sentenced one labor trafficker, convicted in the previous reporting period, to two months’ imprisonment under a non-trafficking law. The government cooperated with two foreign governments on investigations, which led to the arrest of two suspects and identification of five victims.
The government did not report any new investigations, prosecutions, or convictions of government employees allegedly complicit in trafficking crimes. While observers did not report any cases of police complicity in trafficking crimes, they noted low-level police corruption generally impacted some victims. Authorities reported investigating officials in the Guyana Police Force (GPF) Counter-Trafficking (C-TIP) Unit for publishing a confidential statement from a victim on social media. Authorities identified, demoted, and removed the officer at fault from the GPF C-TIP Unit.
The GPF C-TIP Unit exclusively investigated trafficking cases, but did not have a dedicated budget. The GPF Cyber Crime Unit monitored for online trafficking crimes and referred them to the GPF C-TIP Unit. The Office of the Director of Public Prosecutions (DPP) prosecuted felonies, such as murder and rape, at High Court trials, and the GPF Prosecution Unit managed preliminary hearings into felony crimes – including trafficking crimes – in the Magistrates Court. The GPF Prosecution Unit also did not have a dedicated budget, but the government reported the GPF C-TIP Unit and the DPP Prosecution Unit had sufficient resources. Police prosecutors from the GPF Prosecution Unit were not licensed attorneys, but some had law degrees and received specialized training in legal procedure. The government advised GPF prosecutors to request the advice and guidance of the DPP to strengthen cases for prosecution before initiating legal proceedings, but this was not often done.
The anti-trafficking act required witness testimony of victims in order to prosecute trafficking cases. The DPP, the Ministry of Human Services and Social Security (MHSSS), and NGOs noted some victims’ choice to decline to participate in prosecutions was influenced by their receiving a pay-off from the trafficker, familiarity and trust built with the trafficker, or income received through commercial sex. The government reported 10 trafficking cases remained pending since 2023, as victims were reluctant to provide or corroborate evidence against their alleged traffickers. The police also lacked sufficient interpretation resources for non-English speaking victim-witnesses. Although police units and courts covered all jurisdictions, observers noted a limited government presence in the interior of the country led to inconsistent and insufficient execution of law enforcement actions, including monitoring of establishments, screening for victims, and tracking trends. The judicial process remained slow, with trafficking and other major criminal trials taking an average of two years and up to four years to complete because of shortages of trained court personnel, postponements at the request of the defense or prosecution, allegations of bribery, and delays in preparing cases for trial. The government trained police, labor inspectors, other government officials, medical professionals, and members of civil society on topics including ethical considerations for trafficking investigations, trauma-informed interviewing techniques, victim identification and referral, the 2023 anti-trafficking law, and trauma-informed care for victims.
PROTECTION
The government increased protection efforts.
The government identified 416 victims and NGOs identified two victims, compared with the government identifying 407 trafficking victims in 2023. The government screened 389 potential victims among individuals in commercial sex, compared with 281 potential victims screened in 2023. Of the identified victims, 302 women and eight girls were exploited in sex trafficking; 104 men and one boy were exploited in labor trafficking; and one boy was exploited in unspecified trafficking. The victims included 87 Guyanese nationals and 329 foreign nationals from Brazil, Cameroon, Colombia, Cuba, the Dominican Republic, India, Jamaica, and Venezuela.
The MHSSS C-TIP Unit was the lead government agency coordinating victim care services. The C-TIP Unit identified victims in cooperation with the GPF and provided them services. The government allocated 76.6 million GYD ($356,148) to the C-TIP Unit in 2024, compared with 63.8 million GYD ($296,883) in 2023. Sources reported authorities effectively implemented victim identification SOPs that included special provisions for child victims.
The national referral mechanism (NRM) began with an assessment of the victim’s needs and vulnerabilities. After this assessment, the NRM directed a voluntary reflection period of 10 days for the victim during which the victim should not be interviewed. Social welfare officers then explained the victim’s rights and conditions for cooperating with investigators. The third step was MHSSS’s referral for accommodation at an accredited shelter. If the victim refused shelter services, the MHSSS arranged for the victim’s safe repatriation (if a foreign national victim requested such) or for social inclusion in the country. The government trained front-line officials and others, including NGOs, on the NRM, which precluded the involvement of NGOs once potential victims were in government care. The government, in partnership with an international organization (IO), drafted and finalized written procedures to guide the provision of government and NGO victim services apart from shelter accommodation. The government reported it offered available services to all identified victims, as in the previous reporting period. The government provided victim assistance including shelter; food, transportation, and clothing, including through direct financial assistance; counseling; medical checkups; and legal assistance including support for court appearances; training; job referrals; employment opportunities, including small business support for foreign victims; and help with integration and immigration regularization. NGOs also provided shelter and translation and interpretation services for victims. The government reported giving 333 victims residency permits and 18 victims work permits in 2023. The government repatriated two victims, compared with repatriating eight victims in 2023. The government provided an annual subvention to the Legal Aid Clinic, a government-funded agency providing free or subsidized legal advice and representation to people – including trafficking victims – who could not afford an attorney. The government did not report facilitating the repatriation from abroad of any victims for the second consecutive year.
The government operated and fully funded four shelters for adults with a total capacity of 80 and one shelter for children with a capacity for eight child victims of crime, including trafficking. The government constructed, but did not yet open, a children’s home in the region bordering Venezuela, which has a large migrant population, for child trafficking victims and child migrants. Authorities also evaluated and placed child trafficking victims in foster care. The shelters provided services to both male and female victims. The government also continued to subsidize two NGO-run shelters; one for male and female victims with space for 28 that was used during the 10-day reflection period and the other for up to 40 adult female victims of trafficking and other crimes that provided victims the same services as the government-operated shelters. The government provided a total of 76.6 million GYD ($356,279) in victim assistance and government and NGO shelters from the national budget, compared with 66.5 million GYD ($309,721) in 2023. Shelter services were not time-limited. The government and NGOs encouraged victims to stay in a shelter for their own protection; social workers maintained contact with victims who declined shelter. The government reported victims could choose among shelters, choose not to stay in a shelter, and leave shelters at will and unchaperoned, although the government encouraged NGO chaperones when there was a suspected security threat to the victim. NGOs reported the government did not allow victims to leave shelters unchaperoned while their cases were under investigation. The government subsidized rent payments for victims who decided not to stay in shelters. NGOs reported that while all shelters were unmarked, some shelters lacked security guards. In previous reporting periods, some NGOs reported victims had fled government-run shelters because of security concerns. Foreign and Guyanese victims received the same access to services; however, the government reported difficulties in administering services to foreign victims due to language barriers.
The 2023 anti-trafficking law prohibited the penalization of victims for unlawful acts committed as a direct result of being trafficked. Officials did not screen sufficiently for trafficking indicators among certain at-risk populations, including Cuban regime-affiliated medical professionals and Chinese national workers. Observers noted the government did not vet for trafficking risks in its agreements with the Chinese government for projects through the Belt and Road Initiative or the Cuban regime for hosting of medical workers. The government reported it did not require victims, including foreign nationals, to participate in investigations or prosecutions, but reported it encouraged participation by offering free legal assistance to victims. The Witness Protection Act of 2018 provided a legal framework for the protection of witnesses in trafficking investigations and prosecutions; the government reported it received no requests from victims for such services. Courts held trafficking hearings and trials in person but closed them to the public to protect victims’ privacy and identities; the government strongly advised the media to avoid taking photos of victims. The government reported victims, including children and those outside the jurisdiction, could provide testimony via video or recorded statements to avoid re-traumatization. Authorities reported one victim provided video testimony during the reporting period. Court procedures could not accommodate some victims with disabilities; however, the government did have courts accessible to wheelchairs and did not report identifying any victims with disabilities. Authorities offered victims psychological therapy before and after trial proceedings to help prevent re-traumatization and laws prohibited face-to-face confrontations between suspects and victims, thereby reducing further trauma to the victim. The government reported conducting victim interviews in private and secure locations in absence of suspects, including in soft rooms and child-friendly spaces. The government reported supporting 21 victims who assisted in the investigation and prosecution of traffickers, compared with 37 in 2023. Although victims were not required to participate in the investigation or prosecution of traffickers to access protection services, the 2023 anti-trafficking law required victims to be screened for trafficking indicators and confirmed as victims before they could access services.
Although the 2023 anti-trafficking law improved restitution provisions that existed under the previous law by requiring a specific deadline for payment and asset forfeiture upon conviction, it still did not provide a mechanism to enforce these judgments, and payment was deferred if a defendant appealed. The government did not report whether the trafficker convicted during the reporting period paid the ordered restitution. The government reported ordering a trafficker convicted during the previous reporting period to pay restitution, but the payment had not been made by the end of this reporting period due to the trafficker’s insolvency. In cases where a victim was a material witness against a former employer, authorities allowed victims to obtain other employment or to leave the country pending trial proceedings. The government did not offer deportation relief to foreign nationals apart from Venezuelans, whom authorities continued to allow to remain automatically.
PREVENTION
The government slightly increased efforts to prevent trafficking.
The Task Force, co-chaired by the Minister of Home Affairs and MHSSS, coordinated national interagency anti-trafficking efforts. The Task Force included bilingual support staff for Spanish, Portuguese, and Mandarin speakers. The Task Force convened on a monthly basis. NGOs that supported the Task Force in previous reporting periods noted the Task Force did not invite them to meetings or seek their input during the reporting period. The government consulted with trafficking victims as it formulated and implemented its anti-trafficking efforts. The technical arm of the Task Force included representatives (technical advisors, legal assistants, social workers) of various agencies on the task force who suggested anti-trafficking activities and engagements, including trainings. Observers reported the Task Force was effective in coordinating anti-trafficking efforts. The government continued to implement a NAP for 2021-2025, which the Cabinet approved. The government allocated approximately 169.5 million GYD ($788,372), a significant increase compared with the 89 million GYD ($413,953) it allocated in 2023. The Task Force implemented a code of conduct with ethical standards for its members, including law enforcement officers.
Immigration officials regularly conducted surveillance at ports of entry and immediately reported to the GPF C-TIP Unit any trafficking indicators. Labor inspectors conducted impromptu inspections of worksites located in the capital and in mining and logging districts. Observers noted although the government, IOs, and NGOs had no reports of forced labor in government-to-government contracts, officials rarely inspected worksites with Chinese nationals and Cuban workers. Observers also noted fines for labor violations are generally low and rarely serve as deterrents to unlawful labor practices. The government did not report identifying any victims through labor inspections. The government operated three 24/7 hotlines to report human trafficking, including two in English and one in Spanish. The hotlines received 87 calls, of which 22 led to the identification of victims, their referral to care, and criminal investigations of traffickers; this compared with an unknown number of calls in 2023, of which 39 led to further action. Observers noted cell phone coverage in many mining areas was poor, limiting the efficacy of the hotline among communities vulnerable to trafficking in this sector.
The government conducted awareness campaigns focusing on trafficking prevention for hotel operators, miners, leaders of Indigenous communities, civil society, law enforcement, and private security firms. The government undertook extensive consultations to ensure the content of the awareness campaign portrayed a range of cultural backgrounds in a range of languages, including Indigenous languages, English, Spanish, French, Haitian Creole, and Portuguese. The government reported it reduced demand for commercial sex by educating workers in the extractive and hotel industries about the illegality of commercial sex; however, observers noted the government rarely enforced these laws. The Sexual Offences Act criminalized sexual contact with a child younger than 16 years old; the government reported there were no reports of child extraterritorial sexual exploitation in the country or by its nationals abroad.
The Recruitment of Workers Act and the Employment Exchanges Act provided the legislative framework for labor recruitment, but the government did not have any laws prohibiting employers, recruiters, or labor agents from charging workers recruitment fees, switching contracts without the workers’ consent, or withholding wages as a means of keeping workers in a state of compelled service, despite an increase in in-country recruitment agencies targeting workers for the country’s burgeoning oil sector. For the third consecutive year, the government continued a review of existing legislation initiated during the previous reporting period to improve the regulation and registration of recruitment agencies, but did not approve any amendments. Recruiters targeted primarily Guyanese workers. The government provided free employment matching services to foreign and Guyanese workers. The government did not have a migrant labor policy. Migrant workers who sought to change employers needed to first obtain a new work permit from the Ministry of Home Affairs through one of two ways: either the previous employer had to officially inform the Ministry of Home Affairs Immigration Support Services that the employee was no longer employed and request the cancellation of the work permit or visa before the new employer could submit an application, or a new employer could request to cancel the previous work permit or visa upon demonstration of a new employment or sponsorship offer. The government previously reported the latter method provided protection against the exploitation of migrant workers by the first employer. The Labor Ministry trained 20 labor inspectors on child labor. The government reported it had a NAP for the Elimination of Child Labor 2019-2025 that included forced child labor.
TRAFFICKING PROFILE:
Trafficking affects all communities. This section summarizes government and civil society reporting on the nature and scope of trafficking over the past five years. Human traffickers exploit domestic and foreign victims in Guyana, and traffickers exploit victims from Guyana abroad. Traffickers exploit victims in labor trafficking in mining, agriculture, forestry, domestic service, and in shops. In March 2024, the MHSSS recorded a 400-percent year-over-year increase in adult men who were labor trafficking victims. The government also reported some traffickers use social media to publish ads to recruit workers for mines, as janitors, or wait staff in bars or hotels. The government reported 78 percent of traffickers in 2020 were men, predominantly Guyanese, 14 percent were from Venezuela, and less than 3 percent were Dominican and Haitian. NGOs reported traffickers are often middle-aged men who own or operate nightclubs. Some traffickers are also family members of the victims. Migrants, women, and young people from rural and Indigenous and minority communities, children, and those without education are the most at risk for human trafficking. Traffickers exploit women and children from Guyana, Brazil, the Dominican Republic, Haiti, Suriname, and Venezuela in sex trafficking in mining communities in the interior and urban areas of the country. Previous media reports alleged the government mistreated Haitian migrants, which increased their vulnerability to trafficking. In 2021, an NGO reported an increasing number of young, Indigenous girls were being taken from Bolivar state in Venezuela to Guyana where traffickers exploited them in commercial sex. NGOs also reported trafficking networks operated by illegal armed groups known as sindicatos in Delta Amacuro State, Venezuela; NGOs reported these groups lead members of the Indigenous Warao community into Guyana to work long shifts in illegal mines with no medical care despite experiencing curable common health issues. Indigenous Warao women are recruited to work as cooks in the mines but are often forced into commercial sex or exploited by illegal armed groups. While both sex trafficking and labor trafficking occur in remote interior mining communities, limited government presence in the country’s interior renders the full extent of trafficking there unknown. The government had bilateral agreements with the Cuban regime and the Chinese government. There were 370 Cuban regime-affiliated workers in Guyana during the reporting period whom the Cuban regime may have forced to work and remit portions of their salaries to the Cuban regime. The government reported paying the Cuban regime directly for the services of Cuban workers in the country, a practice the Cuban regime commonly used to withhold workers’ wages. According to authorities, the Guyanese government provided housing and airfare for Cuban regime-affiliated workers. Chinese nationals working on Chinese state-affiliated projects through the Belt and Road Initiative may have been forced to work by the Chinese government. Traffickers exploit Guyanese nationals in sex and labor trafficking in Suriname, Uruguay, Jamaica, and other Caribbean countries.