USDOS 2018
THE 3PS: PROSECUTION, PROTECTION, AND PREVENTION
Overview of the 3P Paradigm
The “3P” paradigm includes:
Prosecution
Protection
Prevention
This framework is used globally to combat human trafficking.
The United States follows this approach as shown in key legal frameworks, including:
Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol).
Trafficking Victims Protection Act of 2000 (TVPA), as amended.
The U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons (TIP Office) utilizes various diplomatic and programmatic tools to promote the 3P approach worldwide.
A 4th P—partnership—is introduced as a complementary approach to enhance the effectiveness of the 3Ps by engaging all segments of society in the fight against modern slavery.
PROSECUTION
Effective law enforcement is crucial in combating human trafficking under both the Palermo Protocol and the TVPA.
Key responsibilities of governments include:
Criminalizing all forms of human trafficking.
Vigorously investigating and prosecuting human trafficking cases.
Convicting offenders and ensuring that sentences are stringent enough to deter future crimes.
The annual Trafficking in Persons Report evaluates these aspects.
Prosecution must be treated with the same seriousness as other severe crimes, such as kidnapping and rape.
All perpetrators should be held accountable, including intermediaries aware of exploitation.
Legal frameworks should allow for court-ordered restitution or compensation to victims upon convicting traffickers.
Non-criminal resolutions (e.g., mediation) do not meet the standards of the Palermo Protocol, which views trafficking as a serious crime requiring prosecution.
The TIP Office collaborates with interagency partners, law enforcement, NGOs, and international organizations to establish comprehensive anti-trafficking laws and support vigorous prosecution.
PROTECTION
Protection is central to the victim-centered approach to combat modern slavery.
Key elements of effective victim protection include:
Identifying victims effectively.
Providing comprehensive services, either directly or through NGO partnerships.
Supporting victims as they rebuild their lives post-trafficking.
Identifying victims is critical to ensuring they receive necessary support and resources.
Training for first responders and service providers is essential for effective identification.
Protection efforts should prioritize the rights of victims, treating them with dignity and aiding their reintegration.
Protection for foreign national victims involves:
Allowing victims to remain in the country, work, and obtain services without fear of detention or deportation related to their traffickers or crimes forced upon them.
Facilitating a smoother immigration relief process for victims.
Ensuring the safety of victims and their family members.
Criminal records of victims should be vacated/expunged if they were incurred due to trafficking.
Partnerships between law enforcement and service providers are vital for effective victim protection both immediately after identification and throughout legal processes.
Comprehensive services include:
Emergency and long-term services.
Intensive case management.
Access to housing, food, medical and dental care, legal assistance, and educational/vocational opportunities.
Support for voluntary repatriation to home communities.
PREVENTION
Preventive measures counteract the tactics used by human traffickers.
Key components of effective prevention efforts include:
Disseminating accurate information to communities, enhancing awareness, and preparedness.
Targeted intervention programs reaching at-risk populations before they encounter traffickers.
Collaborating across public and private sectors and civil society to create comprehensive solutions.
Specific actions to enhance prevention efforts are:
Amending labor laws to include all worker classes.
Robust enforcement of labor laws, especially in sectors vulnerable to trafficking.
Implementing measures like birth registration to reduce vulnerabilities.
Monitoring labor recruitment programs for exploitation risks.
Strengthening partnerships among law enforcement, governments, and NGOs.
Improving policy implementation with better reporting and enforcement.
Monitoring supply chains to combat forced labor.
Reducing demand for commercial sex.
Innovations in private sector engagement are emerging as potential tools for advancing prevention efforts.
Corporate accountability is highlighted as critical, focusing on supply chain scrutiny and recruitment practices.
Resources and political will are fundamental for successful prevention programs.
Interconnection of the 3Ps
Prosecution, protection, and prevention are interdependent elements.
Effective prosecution can deter future trafficking.
Protection efforts empower survivors, preventing re-victimization as they re-enter society.
A victim-centered prosecution enhances both prosecution and protection efforts by involving survivors in the legal process.
The TIP Office engages year-round to evaluate government actions and advocate for improved anti-trafficking responses, in collaboration with international organizations and NGOs.