The suggested changes to the General Recommendation proposed in this document are based on following overarching principles, a) the framework for any legislation, policy or programme including criminal laws to address trafficking should respect, protect and fulfill human rights and fundamental freedoms, b) prevention and elimination of human rights violations including trafficking is achieved by addressing root causes which include patriarchal norms c) any anti-trafficking measures undertaken should be in consultation with and participation of women and persons affected d) upholding women’s and girls’ autonomy should be the goal of all anti-trafficking measures.

This submission urges the Committee to clearly recognize that any deprivation of liberty resulting from discriminatory laws, regulation and policies or their discriminatory application is by definition arbitrary and breaches the right of equal protection before the law. Discriminatory laws, policies and regulations addressing migration and beyond have a disproportionate negative impact on migrant women, adolescents, sex workers, people living with HIV, lesbian, gay, bisexual, transgender, gender non-conforming and intersex persons, persons with disabilities, and anyone who is perceived to have transgressed sexual and gender norms. In the context of migration and detention, such individuals and groups are more likely to suffer compounded rights violations. As a result, States cannot hold them in detention in relation to migratory measures and must always provide alternatives to detention.

This submission is made on behalf of 12 civil society organizations and individuals working on issues concerning gender, sexuality and migration from different perspectives. We commend the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) for addressing the pressing issue of migrants’ rights to liberty and freedom from arbitrary detention and welcome the opportunity to provide inputs to the Draft General comment No. 5 (2020) on migrants’ rights to liberty and freedom from arbitrary detention in a very critical time given the COVID-19, discriminatory government response against the migrant workers during the pandemic and worryingly increasing incidents and crackdown against migrant workers globally. We believe that integrating a clear intersectional and gender analysis will further strengthen the draft general recommendation and set out some analysis and recommendation below for the Committee’s consideration.

Annual full-day meeting on the rights of the child

Biennial high-level panel discussion on the question of the death penalty

Annual interactive debate on the rights of persons with disabilities

Annual high-level panel discussion on human rights mainstreaming

Debate on the midterm review of the International Decade for People of African Descent

Meeting on the role of poverty alleviation in promoting and protecting human rights