USDOS 2018

THE 3PS: PROSECUTION, PROTECTION, AND PREVENTION

Overview of the 3P Paradigm

  • The “3P” paradigm includes:

    1. Prosecution

    2. Protection

    3. 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.