2. "Shall, as appropriate"
First, the obligation regarding transnational social and economic prevention
measures is listed at 31.7. The language used in 31.7 is "States Parties shall, as
appropriate. . ." The article goes on to explain roughly what appropriate action is,
detailing that this obligation includes transnational and international
collaboration to promote and develop measures. The type of measures referred
to in this article include "participation in international projects aimed at the
prevention of transnational organized crime, for example by alleviating the
circumstances that render socially marginalized groups vulnerable to transnational
organized crime."
The language used in the Convention dealing with transnational prevention
obligations is strikingly similar to the language used in 9(4) of the Protocol. It is
easy to recognize that the two agreements are related, and that the provisions of
the Convention are broader, allowing for specific obligations to be set forth in the
Protocol. Both agreements speak of "international programs" and "bilateral and
multilateral cooperation" which is aimed at "alleviating" the circumstances or
factors that make persons including "socially marginalized groups" and
"especially women and children" "vulnerable" to the "action of transnational
organized crime" and "trafficking."
The language in the two provisions are so similar that it is reasonable to
conclude that the specific obligations in 9(4) of the Protocol are meant to add
flesh to the broader prevention obligations set forth in the Convention. The fact
that these strong overarching obligations can be found in the Protocol's parent
agreement supports an interpretation of 9(4) that includes strong mandatory
transnational prevention duties.