DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
b) Providing the possibility for migrant workers to obtain residence and work
permits independent of their employer in order to increase their autonomy and
independence, and to prevent exploitation;
c) Discontinuing the use of employer-specific work permits, and enforcing the right
for migrants to seek alternative employers and sectors of employment without
seeking their existing employers’ permission or leaving the country and going
through the employment process all over again;161
d) Discontinuing the practice of security bond conditions on employers of migrant
workers to ensure they ‘control and supervise’ their foreign employee;
61.
a)
b)
c)
d)
e)
62.
a)
b)
c)
d)
e)
f)
g)
Review visa regimes:
Conduct an impact assessment of the visa regimes currently in place to ensure
they do not facilitate or result in trafficking of migrant women; 162
Monitor the establishments where women under particular visa programmes
work to ensure that they are not exploited;163
Facilitate access to permanent residency permits for women migrant workers who
are in a situation of vulnerability or at risk of being trafficked;164
Revise the conditions for granting temporary residence permits to migrant women
to remove any dependency on their spouses;165
Repeal requirements for women migrant workers to undergo mandatory testing
for pregnancy and sexually transmitted diseases resulting in deportation on the
grounds of pregnancy or diagnosis of HIV.166
Address trafficking in corporate supply chains167:
Establish laws governing mandatory due diligence in companies’ supply chains,
including supply chain transparency;
Ensure that businesses are not involved in, facilitate and/or benefit from
trafficking within their supply chains, and effectively remedy violations and
punish perpetrators;
Establish a code of conduct drafted, including zero tolerance policies to sexual
exploitation, with the direct input of the workers whose interests it is designed to
protect;
Ensure that a dedicated audit organization has the power to suspend suppliers
who fail to bring their operations into compliance with the code;
Provide comprehensive worker-to-worker education;
Establish grievance mechanisms for workers at the company level that are
gender-sensitive, transparent, clear and available to those who have a legitimate
complaint and are in need of access to a remedy and can access without fear of
retaliation;
Conduct, and/or fund, awareness campaigns to inform consumers and customers
of products and services that may involve exploited labour, and where to report
suspicions of criminal activities.
161
para. 35(b), CEDAW/C/SGP/CO/5; para. 35(f), CEDAW/C/CAN/CO/8-9; para. 31(d),
CEDAW/C/SAU/CO/3-4.
162
para. 20(d), CEDAW/C/CYP/CO/6-7.
163
para. 23(b), CEDAW/C/KOR/CO/7.
164
para. 35(f), CEDAW/C/CAN/CO/8-9.
165
para. 27(f), CEDAW/C/SWE/CO/8-9; para. 21(f), CEDAW/C/FRA/CO/7-8; para. 25(c),
CEDAW/C/AUT/CO/7-8.
166
para. 35(c), CEDAW/C/SGP/CO/5.
167
See also: OSCE/ Office of the Special Representative and Co-ordinator for Combating Trafficking
in Human Beings, Ending Exploitation. Ensuring that Businesses do not Contribute to Trafficking in
Human Beings: Duties of States and the Private Sector, Occasional Paper Series no. 7 (Vienna,
November 2014).
20
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