DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration 58. Employment and labour framework a) Introduce, strengthen, and enforce employment legislation designed to protect all migrant workers, irrespective of level of skill or the sector in which they work, duration of their employment, and to minimize the opportunities for exploitation by providing very clear protections, including minimum wage, overtime pay, health and safety, and decent working conditions, particularly in unregulated or unmonitored economic sectors that rely on migrant women’s labour. b) Pay particular attention to monitoring sectors in which workers are at a high risk of being trafficked, such as domestic and care work, garment, construction, agriculture, food processing and fishing; 154 c) Recognize in law the care sectors as legitimate areas of paid work by addressing gender segregated labour markets and human trafficking into the care economy; d) Enforce adequate legal sanctions against employers engaging in abusive employment and labour practices;155 e) Establish a mechanism for monitoring the implementation of these laws;156 f) Facilitate the self-organisation and unionisation of women migrant workers in unregulated or unmonitored labour sectors.157 59. Scrutinize recruitment agencies: a) Regulate, license and monitor labour recruiters, intermediaries, and employment agencies, including by establishing an enforcement mechanism to ensure that the same contracts are used in the State party and in workers’ countries of origin, and commit to moving to ethical recruitment measures such as the ILO’s Fair Recruitment Initiative, and Know Before You Go information campaigns for prospective migrant workers, also involving the consular networks of countries of origin;158 b) Prosecute and punish labour recruiters, intermediaries and employment agencies engaged in illegal recruitment processes, including for acts of violence, coercion, deception or exploitation, such as intentional provision of misleading information and documentation, the confiscation of passports and the charging of recruitment fees to workers.159 60. Remove the dependency and vulnerability of migrant women workers in relation to their employers, by: a) Ending discriminatory conditionalities in recruitment, including the practice of making the migration status of migrant workers conditional on the sponsorship or guardianship of a specific employer, such as the kafala system and other forms of “tied visas”;160 154 para. 30(g), CEDAW/C/AND/CO/2-3; para. 44, CEDAW/C/JOR/CO/5; para. 24(e), CEDAW/C/MUS/CO/8; para. 40(a), CEDAW/C/ITA/CO/7; 35(a), para. CEDAW/C/SGP/CO/5. 155 para. 31(a-b), CEDAW/C/SAU/CO/3-4; para. 38(b), CEDAW/C/LBN/CO/4-5. 156 para. 37, CEDAW/C/CRI/CO/5-6. para. 157 para. 38(e), CEDAW/C/LBN/CO/4-5. 158 para. 31(c), CEDAW/C/SAU/CO/3-4; para. 38(a); CEDAW/C/LBN/CO/4-5; para. 20(c), CEDAW/C/CYP/CO/6-7; para. 37, CEDAW/C/CRI/CO/5-6; para. 25(b), CEDAW/C/KHM/CO/4-5; para. 23(b), CEDAW/C/KOR/CO/7; para. 44(e), CEDAW/C/IDN/CO/6-7; para. 38(b), CEDAW/C/PHL/CO/7-8. 159 para. 44(d-e), CEDAW/C/IDN/CO/6-7; para. 38(b), CEDAW/C/PHL/CO/7-8; para. 34(h), CEDAW/C/NPL/CO/4-5; para. 31(e), CEDAW/C/SAU/CO/3-4; para. 44(a-f), CEDAW/C/ARE/CO/23. 160 para. 41(b), CEDAW/C/KWT/CO/3-4; para. 26(d), CEDAW/C/QAT/CO/1; para. 38(c), CEDAW/C/LBN/CO/4-5. 19