DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration rights of persons who are most vulnerable to trafficking, its victims, as set out in the Universal Declaration of Human Rights and in the core United Nations human rights treaties.12 The 2010 Recommended Principles and Guidelines on Human Rights and Human Trafficking (E/2002/68/Add.1) elaborated by the Office of the United Nations High Commissioner for Human Rights further provides an important soft-law framework for integrating a human rights-based approach in all anti-trafficking interventions. 10. Noting the distinction between the smuggling of migrants and trafficking in persons, the Committee highlights the particular vulnerability of smuggled migrants to being trafficked.13 11. Combatting the crime of trafficking in women and girls requires engagement of the larger protection framework stemming from international humanitarian, refugee, criminal, labour and private law and the statelessness conventions. 14 The Convention reinforces and complements the international law regime for trafficking victims, particularly where explicit gender equality provisions are absent from international agreements.15 IV. Root causes and discouraging the demand that fosters exploitation through trafficking a. Women and girls are disproportionately affected by human trafficking 12. According to the United Nations Office on Drugs and Crime, of all the trafficking victims detected in 2016, women and girls made up: 94% of those trafficked for sexual exploitation; 35% of those trafficked for forced labour; and 57% of those trafficked for other purposes.16 72% of all detected trafficking victims worldwide in 2016 were women and girls. 12 UDHR, article 2, 3 and 28; International Covenant on Civil and Political Rights and its First Optional Protocol; International Covenant on Social, Economic and Cultural Rights and its Optional Protocol; International Convention on the Elimination of All Forms of Racial Discrimination; Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; Convention on the Rights of the Child and its Optional Protocols on the sale of children, child prostitution and child pornography and on armed conflict; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; Convention on the Rights of Persons with Disabilities and its Optional Protocol. See also UN Trafficking Protocol, article 2 (b). 13 Article 3 of the Protocol against the Smuggling of Migrants by Land, Sea and Air that supplements the United Nations Convention against Transnational Organized Crime defines smuggling of migrants (A/RES/55/25) (2000) as: “the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national.” 14 Geneva Conventions (I, II, III and IV), 1949, and the Additional Protocols I and II, 1977, relating to the protection of victims of international and non-international armed conflict respectively; Rome Statute of the International Criminal Court, 1998; United Nations Convention Against Transnational Organized Crime, its Trafficking Protocol, and its Protocol against the Smuggling of Migrants by Land, Sea and Air, 2000; Convention Relating to the Status of Refugees, 1951, and its Protocol, 1967; Conventions relating to the Status of Stateless Persons, the 1954, and on the Reduction of Statelessness, 1961. Also see General Recommendation No. 32 (2014) (CEDAW/C/GC/32), paras. 910; Declaration on Violence Against Women (art. 2); Convention to Suppress the Slave Trade and Slavery, 1926, and its Supplementary Convention, 1956; ILO Convention No. 29 Concerning Forced and Compulsory Labour, 1930, its Protocol, 2014, and Forced Labour (Supplementary Measures) Recommendation (No. 203), 2014; ILO Convention No. 105 Concerning the Abolition of Forced Labour, 1957; ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999; and ILO Convention No. 189 Concerning Decent Work for Domestic Workers, 2011, and Domestic Workers Recommendation (No. 201), 2011. 15 General recommendations: No. 32 (2014) (CEDAW/C/GC/32), para. 10; No. 30 (2013) (CEDAW/C/GC/30), para. 19 16 UNODC, Global Report on Trafficking in Persons 2018, p.28. 3