migration and asylum regimes that create the situations of vulnerability leading to women and girls
being trafficked.2
The Committee also acknowledges that trafficking and exploitation of prostitution in women and girls
is unequivocally a phenomenon rooted in structural sex-based discrimination, constituting genderbased violence 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 terrorism3
The GR discussed the the following as the roots of trafficking of women and girls: (a) socio-economic
injustice, (b) discrimination in migration and asylum regimes; (c) demand that fosters exploitation and
leads to trafficking; (d) situations of conflict and humanitarian emergencies; (e) the use of digital
technology in trafficking. It then recommended measures to uphold victim’s rights including victim
identification, application of protection frameworks, non-criminalization and non-conditionality, right
to information about rights and legal assistance; right to remedies and gender-sensitive court
proceedings. Measures related to data collection, legislative, policy and institutional frameworks were
also recommended.
This GR is an important guiding document on the implementation of Article 6. It provides guidance for
States in the fulfillment of its obligations, including practical guidance on implementing anti-trafficking
interventions that are based on a gender transformative and intersectional approach, with the focus
on realizing women and girls’ human rights as a strategic priority for achieving sustainable
development.4
The UN CEDAW Committee’s 2016 Concluding Observations (CO) for the Philippines’ also provide
added insight into the continuing gaps in the state’s obligation to address trafficking. The concluding
observations also identified key issues and provided concrete recommendations for the State to
follow. The 2016 CO expressed concern that despite expanded legislation on trafficking, the current
legal framework ‘does not explicitly cover contemporary methods, such as online matchmaking, which
can be used as a tool for trafficking in persons.’ It also observed that prevention of trafficking remains
weak especially in the context of disasters and armed conflict, and the limited number of shelters for
survivors. Lastly, the Committee expressed concern that a ‘large number of women are subjected to
exploitation through prostitution, the continuing criminalization of women in prostitution under the
Revised Penal Code, and the need to adopt measure discouraging male demand for prostitution
address the root causes of prostitution, provide women with alternative income opportunities, and
provide assistance, rehabilitation and reintegration programmes for women and girls exploited in
prostitution, in addition to exit programmes for women wishing to leave prostitution.5 The Philippines’
efforts to respond to these observations shall form part of the State’s report for CEDAW in 2020, a
report that currently has not been received by the CEDAW Committee.
2
UN CEDAW Committee. GR 38
UN CEDAW Committee.GR 38. (para 10)
4
UN CEDAW Committee.GR 38 (para 6)
5
UN CEDAW Committee.GR 38 (para 30)
3
4