DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
c) Financially support independent associations, legal professionals and social
services centres providing legal resources to educate women about their rights to
equality and assist them in pursuing remedies;250
d) Ensure, through legislative and other means, that trafficked women can access
the right to remedy and compensation through different avenues, such as
criminal, civil and labour courts, and that victims are compensated, as far as
possible, commensurate with their loss, injury and suffering;
e) Adopt legislation on the organization, allocation and functioning of a special
compensation fund for victims of and witnesses to trafficking and allocate
sufficient funds for them.251 Ensure that the conditions to access funding from the
compensation fund are reasonable and swift and do not place undue burden on
trafficked women, and are not made conditional on confiscation of assets from
their traffickers;
f) De-link funding and support for female victims of trafficking from their
participation in the criminal justice process.
97.
a)
b)
c)
d)
Tracking proceeds of crime252:
Build investigative teams capable of tracking the financial flows that trafficking
in women and girls generates, striking with sequestrations and confiscation of all
the capital attributable to such criminal conduct, also tracing and revealing the
channels of recycling and cleaning money;
Strengthen and adopt specialized Anti-Money Laundering and Countering
Financing of Terrorism (AML/CFT) measures that are necessary to identify,
disrupt, and confiscate illicit revenues from trafficking;
Ring-fence any confiscated funds for the purpose of redistribution to victims
primarily by way of compensation for the human rights violations that they have
suffered;
Issue guidelines and hold relevant private actors accountable for violations of
AML/CFT laws relating to human trafficking.
VII. Dissemination and reporting
98.
The Committee underscores the need to accelerate the implementation of all the
provisions of the Convention in line with the 2030 Agenda for Sustainable Development
and the recommendations emanating from the Beijing +25 review, as a means to induce
transformative and radical change in women’s exercise of their autonomy and selfdetermination.
99.
States parties are recommended to include information in their periodic reports
to the Committee on the legal frameworks, strategies, budgets and programmes that they
have implemented to ensure that the human rights of women are promoted and protected
within policies relating to preventing and combatting trafficking in women.
100.
States parties’ strategies to implement a gender-transformative anti-trafficking
response should be included in their reporting to other mechanisms, including under the:
Universal Periodic Review process of the United Nations Human Rights Council; High
Level Political Forum on Sustainable Development; Global Compact on Safe, Regular
and Orderly Migration; and the Mechanism for the Review of Implementation of the
Convention against Transnational Organized Crime and the Protocols Thereto.
250
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 15.
para. 25(a), CEDAW/C/NER/CO/3-4; para. 23(h), CEDAW/C/BLR/CO/8.
252
See also: OSCE/Office of the Special Representative and Coordinator for Combating Trafficking in
Human Beings, Following the Money: Compendium of Resources and Synthesized Step-by-Step Guide
to Financial Investigations related to Trafficking in Human Beings (Vienna 2019).
251
32
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