DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration contexts and profile of victims; and its perpetrators including government armed forces, paramilitary groups, non-State armed groups, peacekeeping personnel and civilians.99 38. Trafficking may also occur when third-party countries seek to restrict large movements of refugees and migrants out of conflict-affected areas through measures such as increased border control, refusal of entry,, pushbacks, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to all forms of exploitation, particularly at points of transit, not least due to an increased need to use the services of migrant smugglers in order to evade border controls.100 39. The Committee has recognized that gender-based violence against women is one of the major forms of persecution experienced by women that may be grounds for granting refugee status and asylum. 101 Trafficking in women and girls breaches specific provisions of the Convention and is therefore recognized as a legitimate ground for international protection in law and in practice.102 40. The Committee observes women’s increased risk of trafficking in humanitarian crises, including forced displacement attributed to global warming, climate-change induced and natural disasters, resulting in heightened stress, lawlessness and homelessness.103 It notes with concern that individuals may increasingly cross borders to seek protection from climate changerelated harm that may be related to both sudden-onset events and slow-onset processes104 and draws attention to the vulnerability of women asylum seekers in such situations. 41. In line with the Committee’s general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations:105 (a) ensure the inclusion and participation of women, and particularly victims of trafficking 106 , at all stages of the peacemaking, stabilization and reconstruction process, in line with Security Council resolution 1325 (2000);107 and, (b) generate a gendered analysis of conflict upon which States parties can design effective responses, including those to prevent trafficking in women and girls.108 42. Address the root causes of women’s and girls’ vulnerability to trafficking, in the context of forced displacement 109 , with specific attention given to asylum seekers, refugees, internally displaced and stateless women: 99 General recommendation No. 30 (2013) (CEDAW/C/GC/30), paras. 34 and 39; Pp. 5, CEDAW contribution to the 2030 Agenda for Sustainable Development (2017 HLPF). 100 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 40; pp. 2, Addressing gender dimensions in large-scale movements of refugees and migrants Joint Statement by the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), the Committee on the Elimination of Discrimination against Women (CEDAW), the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) 19 September 2016. 101 General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 15. 102 General recommendation No. 32 (2014) (CEDAW/C/GC/32), para. 15. 103 General recommendation No. 37 (2018) (CEDAW/C/GC/37), paras. 5 and 56. 104 See: Views adopted by the United Nations Human Rights Committee under article 5(4) of the Optional Protocol, concerning communication No. 2728/2016 (7 January 2020) (CCPR/C/127/D/2728/2016). 105 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 28(a). 106 para. 45(g), CEDAW/C/MMR/CO/4-5 107 para. 11(d), CEDAW/C/NER/CO/3-4 108 General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 30. 109 para. 28(c), CEDAW/C/PHL/CO/7-8. 13

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