Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Mexico (Ratification: 1990)

Other comments on C169

Observation

Direct Request

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Part I. General policy. The Committee notes the information provided by the Government in its report received in September 2013 on the change in the age range in the 2010 Census to capture speakers of indigenous languages. The Government indicates that a proposal is being prepared for the inclusion in 2015 of a question on indigenous self-identification in the basic questionnaire. The Committee invites the Government to continue providing updated statistical data on indigenous peoples in the country and the manner in which the self-identification of the peoples concerned is promoted (Article 1 of the Convention).

Article 7. Development plans and programmes. The Government has provided detailed information on the programmes carried out by the CDI with the participation of indigenous peoples under the social monitoring system. Social monitoring mechanisms are participatory bodies in which the beneficiaries assess the achievement of the objectives and the proper use of the resources allocated. The Committee also notes the information on the use made of the numerous proposals put forward during the consultation process on the National Development Plan 2013–18 which, once structured, will be used as a basis for the development of the Special Programme for Indigenous Peoples, the preparation of which commenced in July 2013. The Committee invites the Government to provide information in its next report on the implementation of the National Development Plan and the Special Programme for Indigenous Peoples, and on their impact in improving the living conditions of the peoples concerned.

Articles 8 to 12. Administration of justice. The Committee notes the information provided by the Government concerning the implementation by the CDI and the National Indigenous Languages Institute (INALI) of the strategy for training, accreditation and certification of interpreters in indigenous languages, in the context of the administration and enforcement of justice. As of August 2013, a total of 513 persons had been trained and 442 accredited as interpreters of 102 linguistic variants and included on the INALI National Register of Interpreters for Indigenous Languages. Moreover, in the context of the implementation of the programme for the Promotion of Agreements in the Field of Justice (PCMJ), during the period 2011–13 support was provided for 1,700 projects for the promotion and defence of rights of indigenous peoples, improving the conditions for the access of justice of approximately 527,000 people. During the same period, the Release of Indigenous Prisoners project obtained the release of 2,506 indigenous persons. The Committee invites the Government to continue providing information on the programmes and measures adopted under Articles 8 to 12 of the Convention. The Committee also invites the Government to provide examples of rulings by courts specializing in indigenous issues and by ordinary courts which have applied indigenous customs and usages.

Part II. Article 14. Land. The Committee notes the information provided by the Government on the disputes identified as focos rojos, of which 11 have been totally resolved, four disputes have been partially resolved and three are being addressed and are in the process of conciliation. The Committee also notes the information provided on the land situation in relation to the Suave community of San Francisco del Mar, which is in dispute with the population of San Francisco de Ixhuatán (State of Oaxaca), and the Zoque community of Chimalapas, which is in dispute with the communities of Santa Maria de Chimalapa, San Miguel Chimalapa and 27 centres in the North–Eastern area of the municipality of Cintalapa (State of Chiapas). The Government indicates that both matters have been addressed through the Programme to Address Social Disputes in Rural Areas. The Committee notes that it was agreed to seek authorization from the Communal General Assembly to commence dialogue with the San Francisco Ixhuatán community in July 2011, and that the San Miguel Chimalapa community approved its request to continue measurements in August 2010. The Committee also notes the information provided by the Government concerning the processing of expropriation claims, the implementation of presidential decisions, the recognition of legal personality to ejidos (communal lands) and communities and the work of the National Trust Fund for the Promotion of Communal Lands (FIFONAFE). The Committee further notes the information provided by the Government on the land titles issued in 2012 through the land transfer procedure. A total of 157 land titles were issued in the State of Chiapas. In the context of the procedure for the transfer of national lands, 22 declarations were issued of national ownership in relation to two rural properties in the State of Campeche, 14 in the State of Chiapas, one in the State of Sonora and five in the State of Tabasco. The Committee invites the Government to continue providing information on the manner in which effective protection is ensured for the rights of indigenous communities to the lands that they traditionally occupy. Please provide examples with the next report of administrative and/or judicial decisions recognizing the rights of indigenous peoples to lands which they traditionally occupy and resolving claims to land based on traditional occupancy. The Committee also requests the Government to provide information on the land situation of the Ñahñú community of San Pedro de Atlapulco (State of Mexico) and the Mazahua community of San Antonio de la Laguna (State of Durango).

Natural resources. Participation in the benefits. The Committee invites the Government to provide information in its next report on the operation of existing procedures so that the peoples concerned can participate wherever possible in the benefits resulting from the activities covered by Article 15 of the Convention, and receive compensation for any damages which they may sustain as a result of such activities.

Hydroelectric projects. The Committee notes the information provided on the hydroelectric projects managed by the Federal Electricity Commission (CFE). In the case of the Paso de la Reina hydroelecric project, which is outside the area of the Istmo de Tehuantepec (State of Oaxaca), various activities were undertaken for the dissemination of information and consultation of indigenous peoples as a basis for the commencement of the feasibility stage. According to the Government, in the context of the Las Cruces (State of Nayarit) hydroelectric project, the CFE is undertaking feasibility work and prior consultations were held with the Cora communities based on a procedure including direct communication with the members of the communities, their representatives and their traditional authorities to obtain their consent for the implementation of environmental and topographical studies and geological exploration activities. The Committee invites the Government to continue providing information on the consultation and participation procedures established when implementing hydroelectric projects which may affect the habitat of indigenous peoples. The Committee refers to its 2011 direct request and invites the Government to provide information in its next report on the implementation of the wind power project on the Istmo de Tehuantepec and the manner in which it is ensured that the various bodies involved comply with the provisions of the Convention.

Part III. Article 20. Recruitment and conditions of employment. The Committee notes the 2012 amendment to various provisions of the Federal Labour Act, including those regulating rural work (sections 279 to 284). The Committee notes with interest the addition of a special obligation upon employers concerning the use of the services of an interpreter when workers do not speak Spanish (section 283, XII). The Committee also notes the programmes intended to benefit agricultural workers, the pilot project on the training of community managers and the project to promote decent work for young persons in a situation of vulnerability. The objective of the first project is to promote and disseminate knowledge of the labour and agrarian rights of daily agricultural workers through community leaders and authorities (both indigenous and non-indigenous). In the case of the second project, the objective is to promote the productive development of young persons who are in a vulnerable employment situation. The Committee also notes the adoption of special inspection procedures in agriculture. The Government considers that, during the period 2008–12, the inspections conducted benefited a total of 25,969 workers. Moreover, with regard to the situation of indigenous workers from the Zolontla community in the municipality of Ixhuatlán de Madero (State of Veracruz), the Committee notes that the state government is cooperating with the Federal Labour Delegation to prevent any form of labour exploitation. The Government adds that the system of anonymous complaints and denunciations of the Secretariat for Labour, Social Welfare and Productivity of the government of Veracruz has not produced cases of forced labour or any other form of labour exploitation in that or any other community involving indigenous daily workers or children. The Committee invites the Government to continue providing updated information on the measures adopted to give effect to Article 20 of the Convention. It requests the Government to continue providing information on the specific measures taken to ensure adequate labour inspection in areas in which workers from indigenous peoples work.

Part VI. Education. The Government has provided detailed information on the legal framework and programmes that are in force in relation to intercultural bilingual education. The Government emphasizes that 25 action lines have been introduced into the National Development Plan 2013–18 related to institutional action. The Committee notes strategy 3.2.1 intended to strengthen indigenous education and promote public policies to reinforce teaching in indigenous languages at all educational levels. The Government caters for over 1,200,000 indigenous boys and girls in 24 federal entities. In 2012, the National Adult Education Institute (INEA) provided educational services for 53,550 persons in 15 federated entities. The indigenous population aged 15 years and over who are literate was 3,867,870 persons, or 72.1 per cent of that population. The statistics provided by the Government demonstrate a constant increase in enrolment for indigenous education between 2000 and 2011, both at the pre-school and primary levels. Between 2010 and 2011, it is estimated that 389,137 children benefited at the pre-school level, and 844,081 at the primary level. The Committee notes the project for Higher Level Indigenous Student Grants (BEINS) which, as of June 2013, had covered 2,600 students. The Committee invites the Government to continue providing information on the impact of the measures adopted and the manner in which indigenous peoples have participated in the development and implementation of education projects.