DRAFT CEDAW General recommendation on Trafficking in
Women and Girls in the Context of Global Migration
implementation, monitoring and evaluation, as well as legislative and policy
drafting;88
b) Allocate resources to ensure that human rights and women’s rights nongovernmental organizations are well informed, adequately consulted and play an
active role in the initial and subsequent development of anti-trafficking
strategies 89 and continuing implementation of the Convention 90 and the UN
Trafficking Protocol.
f.
Forcibly displaced women and girls face a higher risk of being trafficked
33.
Armed conflict is one of the most important drivers of global displacement, and
trafficking in women and girls for the purposes of sexual or other forms of exploitation and
violence is both a human rights violation and a threat to international peace and security. In its
general recommendation No. 35 (2017) on gender-based violence against women, updating
general recommendation No. 19, the Committee recognized that gender-based violence against
women is affected and often exacerbated in the contexts of displacement, migration, the
increased globalization of economic activities, including global supply chains, the extractive
and offshore industry, militarization, foreign occupation, armed conflict, violent extremism and
terrorism.91
34.
Trafficking in women and girls is exacerbated prior to, during and after conflict due to
instability and insufficient governance, including the absence of the rule of law, increased
militarism, the availability of small arms, the breakdown of social and family structures and the
“normalization” of gender- based violence as an additional element of pre-existing
discrimination against women and girls. 92 The war-related demand for women’s sexual,
economic and military exploitation is a growing trend in situations of conflict.93
35.
The obligations of States parties do not cease in periods of armed conflict or in states
of emergency resulting from political events, health crises or natural disasters.94 The Committee
has previously noted that displacement has specific gender dimensions95 and the Convention
applies at every stage of the displacement cycle, during flight, settlement and return.96 Forcibly
displaced women are often subjected to gross human rights violations, including risks relating
to trafficking for purposes of sexual or labour exploitation, slavery and servitude, including the
abduction or recruitment of women and girls into armed forces and groups. 97
36.
Inequalities in marriage and family relations affect women’s experiences in conflict
and post-conflict situations. In such situations, women and girls may be forced into marriage
by their families to placate armed groups or as a result of poverty and a misconception that
marriage may protect them against forms of sexual and gender based violence, including rape.98
37.
Conflict-affected regions can be areas of origin, transit and destination with regard to
trafficking in women and girls; its forms varying by region, specific economic and political
88
General recommendation No. 28 (2010) (CEDA W/C/GC/28), para. 27.
General recommendation No. 28 (2010) (CEDAW/C/GC/28), para. 27.
90
para. 18, CEDAW/C/NLD/CO/6
91
General recommendation No. 35 (2017) (CEDAW/C/GC/35), para. 14.
92
General recommendation No. 30 (2013) (CEDAW/C/GC/30), paras. 34 and 39.
93
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 39.
94
General recommendation No. 28 (2010) (CEDA W/C/GC/28), para 11.
95
Pp. 6, CEDAW contribution to the 2030 Agenda for Sustainable Development (2017 HLPF)
96
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 53.
97
General recommendation No. 30 (2013) (CEDAW/C/GC/30), paras. 30 and 54.
98
General recommendation No. 30 (2013) (CEDAW/C/GC/30), para. 62.
89
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