DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
63.
Adequately resource and strengthen the capacity and mandate of labour
inspectors to proactively and systematically recognize and report breaches of labour laws
and presumed cases of trafficking in women and girls uncovered during inspections,
including of migrant workers’ workplaces and accommodation, agricultural farms,
seasonal and informal workplaces, including private households.168
64.
Recognizing that migration is an inherently global phenomenon, the Committee
recommends that, in designing measures to combat trafficking, international cooperation
and development policies at the multilateral, bilateral and regional levels take into
account the root causes of real migration patterns of low-income women who often
undertake risky migration for work in exploitative informal employment.
65.
States parties are encouraged to participate in regional processes and sign
bilateral agreements with destination countries for employment to:169
a) Ensure coordination between States parties to address the nexus between human
trafficking and international labor migration;
b) Strengthen cross-border cooperation to regulate working conditions in
compliance with international labour standards which ensure the protection and
promotion of the rights of women migrant workers;170
c) Establish mechanisms in the country of destination to deal with the violation of
the rights of women migrant workers during employment, in particular to report
abuse and claim unpaid wages and benefits;171
d) Ensure that diplomatic missions and labor and economic attaches as well as
consular officials are equipped with adequate human and financial resources, and
training, to deal with cases of trafficking of migrant women workers.
V.
a.
Victim identification, assistance and protection
Victim identification
66.
A challenge in identifying female victims of trafficking is the lack of gender-sensitivity
of relevant professionals, including front-line professionals, that is needed to adequately
understand, identify and respond to incidences of trafficking in women and girls172, particularly
as victims are often hidden in non-public areas such as private residences, isolated factories and
farms, and brothels and private apartments used for commercial sexual exploitation. The
victims, themselves, may lack awareness that they are subject to a criminal act, may not know
where to report the crime or may be reluctant to engage with law enforcement and other state
agents due to uncertainty about legal processes or for fear of being placed in detention and
deported, particularly in the case of people with an irregular immigration status. Their
experience of trauma may also impede their ability to seek help. Victims may choose not to
disclose their traffickers for fear of retaliation against them, their children or other members of
their families.
168
para. 44, CEDAW/C/JOR/CO/5; para. 31(e), CEDAW/C/SAU/CO/3-4; para. 44(a-f),
CEDAW/C/ARE/CO/2-3; para. 40(b), CEDAW/C/ITA/CO/7; para. 31, CEDAW/C/ROU/CO/7-8;
para. 24(f), CEDAW/C/MUS/CO/8.
169
para. 9, CEDAW/C/2009/WP.1/R; √37, CEDAW/C/CRI/CO/5-6; para. 38(a),
CEDAW/C/PHL/CO/7-8; para. R, CEDAW/C/LAO/CO/7.
170
para. 43(b), CEDAW/C/GTM/CO/8-9; para. 34(e), CEDAW/C/NPL/CO/4-5; para. 44(b),
CEDAW/C/IDN/CO/6-7.
171
para. 34(e), CEDAW/C/NPL/CO/4-5; para. 44(b), CEDAW/C/IDN/CO/6-7; para. 43,
CEDAW/C/LKA/CO/7.
172
General recommendation No. 31 (2014) (CEDAW/C/GC/31-CRC/C/GC/18), para. 70.
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