Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mexico (Ratification: 2000)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments the Committee noted the use of children for begging. It asked the Government to provide information on the application in practice of section 201 of the Federal Penal Code, which establishes penalties for inciting or obliging any person to engage in begging.

The Committee notes the Government’s indication according to which no cases of trafficking for the purpose of begging were registered with the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA) during the reporting period. The Committee once again requests the Government to provide detailed information on the number of violations reported and penalties imposed under section 201 of the Federal Penal Code.

Article 6. Programmes of action. National programme for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work (PRONAPETI). The Committee notes with interest the information from the Government that, in February 2015, the PRONAPETI was approved by the intersectoral committee for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work (CITI), chaired by the Secretary of Labour and Social Protection. This programme is intended to direct the activities of the various public federal administration bodies for the protection of children and young persons, and to establish objectives, strategies and intervention targets to combat the causes of child labour and its negative consequences. It is part of objective 4.3 (a prosperous country) and strategy 4.3.2. (the promotion of decent work) of the national development plan 2013–18, the intervention target of which is to work towards the eradication of child labour. In addition, the Government indicates that 31 state committees for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work have been set up in all federative entities.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the results achieved under the Oportunidades programme that provides education grants to children in very poor households. The Committee also noted that the Secretary for Education had developed the basic education programme for children of agricultural day labourers (PRONIM), which operated in 29 federal states. It asked the Government to report on the results of these measures and to pursue its efforts to improve the educational system.

The Committee notes the information provided by the Government according to which the PROSPERA programme, implemented in September 2014, constitutes a new phase of the Oportunidades programme, to strengthen interventions relating to education, health and food. The Government indicates that the Oportunidades programme led to a reduction in work among boys between 12 and 15 years of 8 per cent and among girls of 3 per cent. In 2014, as part of the PROSPERA programme, over 6 million children and young persons benefited from primary and secondary education grants. The Committee notes the adoption of the sectoral education programme (PROSEDU) 2013–18, objective No. 3 of which is to ensure inclusive and equitable education for all population groups. The Committee notes the Government’s indication that the PRONIM programme has been incorporated into and replaced by the programme for inclusive and equitable education (PIEE), which targets vulnerable population groups. Under this programme, in 2014 the Secretary for Education reached 47,176 boys from migrant families of agricultural day labourers, thereby giving them the opportunity to receive a basic primary education. For 2015, this number stood at over 8,000 as at June of the same year. The Committee also notes the detailed information on the activities carried out to improve access to and quality of education for indigenous and migrant children.

While noting this information, the Committee observes that, according to estimated figures from UNESCO, the net enrolment rate for primary school was 96.1 per cent in 2013, and 67.9 per cent for secondary school in 2012. The Committee also notes the results of the “Child Labour” module, published within the framework of the 2013 national survey of employment and occupation, which show that in 2013 the number of children between 5 and 17 years not attending school rose to 2,119,363. Furthermore, of the 2.5 million children engaged in work, 36 per cent do not go to school, which represents a total of 913,798 children: 648,725 boys and 265,073 girls. The Committee requests the Government to pursue its efforts to improve the functioning of the educational system, giving particular attention to boys, children from rural areas, indigenous communities and of migrant workers, and placing emphasis on raising the school attendance rate for secondary education. It requests the Government to continue to provide information on the results achieved in this regard, in particular in the context of the PROSPERA, PROSEDU and PIEE programmes.

Clause (d). Children at special risk. 1. Child domestic labour. In its previous comments, the Committee noted that, according to the results of the 2011 national survey of employment and occupation mentioned above, more than 20 million children and young persons between 5 and 17 years of age were engaged in domestic labour. The Committee also noted that, within the framework of the policy to prevent child labour and to protect young persons who have reached the statutory age for admission to work, the Secretary of Labour and Social Welfare had carried out a number of activities aimed at preventing child labour. The Committee asked the Government to take immediate and effective measures to prevent and protect children engaged in domestic labour.

The Committee notes the lack of information on the specific measures taken to prevent and protect children engaged in domestic labour. It also notes that, according to the results on the 2013 national survey of employment and occupation, 20,088,645 children and young persons between 5 and 17 years of age are engaged in domestic labour. Of these, 1,599,066 children do not go to school, 939,641 of whom are girls. Considering the high incidence of child domestic labour in the country, the Committee urges the Government to take immediate and effective measures to protect children, especially girls, engaged in domestic labour from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard.

2. Children engaged in agricultural work or marginal urban activities. In its previous comments the Committee noted the results of the programme to prevent and eliminate child labour in the marginal urban sector (PROCEDER) and the Government’s activities in the context of the Convention for the Execution of the Programme of Direct Action (PAD). The Committee noted that, according to the results of the 2011 national survey of employment and occupation mentioned above, the percentage of children between 5 and 17 years engaged in agricultural activities was 29.5 per cent in 2011. It encouraged the Government to pursue its efforts to protect children engaged in agriculture and the informal sector, and to provide information on the results achieved in the context of these programmes.

The Committee notes the lack of information in the Government’s report on measures taken to prevent and protect children engaged in informal activities and agriculture and on the results achieved in the context of the PROCEDER and PAD programmes. It also notes that, according to the results of the 2013 national survey of employment and occupation, 773,300 children and young persons between 5 and 17 years of age are engaged in the agricultural sector, 677,394 of whom are boys and 95,906 are girls. The Committee urges the Government to take the necessary measures to protect children engaged in informal urban activities and agriculture from hazardous work and requests it to provide information on the impact and results achieved in the context of the PROCEDER and PAD programmes.

3. Street children. Further to its previous comments, the Committee notes the statistics provided by the Government on the number of children removed from the street and rehabilitated between 2012 and 2014. The Government indicates that in 2014, 869 girls and 1,198 boys were removed from the street and reintegrated into their families. While noting this information, the Committee observes that, according to its 2015 concluding observations (CRC/C/MEX/CO/4 5, paragraph 65), the Committee on the Rights of the Child was concerned that the Government’s efforts have not been sufficient to prevent and address the phenomenon of street children and that, although a strategy has been developed, it is only implemented in some states. The Committee was also concerned about reports that these children continue to suffer from violence and abuse and to be viewed as criminals, and that many girls are victims of sexual exploitation. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration in all states. It also requests the Government to provide information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Application of the Convention in practice and labour inspection. In its previous comments the Committee noted that, according to the results of the 2011 national survey of employment and occupation, 3 million children between 5 and 17 years of age worked. The Committee notes that, according to the results of the 2013 national survey of employment and occupation, the proportion of children between 5 and 17 years of age engaged in economic activities is 8.6 per cent (11.4 per cent of whom are boys and 5.8 per cent girls), amounting to 2,536,693 children. Over 50 per cent of these child and young workers are concentrated in eight federative entities, including Colima, Guerrero, Puebla and Guanajuato. More than a million child workers do not receive a salary. The Committee notes the study entitled “Child labour in Mexico: progress and challenges” carried out in 2014 by the Secretary of Labour and Social Protection, which demonstrates that Mexico was making headway in its fight against child labour and specifies that, between 2011 and 2013, the number of child and young workers had fallen by 540,376. The Government also indicates that it has awarded the “Mexico free from child labour” (MEXTI) prize to 98 institutions and organizations from the public, private and social sectors and trade unions which contribute to the prevention and eradication of child labour through their programmes or actions. This prize helps to strengthen the culture of social responsibility and develop good practices.

The Committee also notes the Government’s indication according to which a labour inspection protocol concerning the eradication of child labour and the protection of young persons who have reached the statutory age for admission to work has been designed with ILO–IPEC support with a view to establishing a regulatory framework. Lastly, the Committee takes note of the capacity-building activities organized by the General Directorate of labour inspection in cooperation with other bodies, including the ILO, which has led to the training of some 800 inspectors in the prevention and eradication of child labour and the protection of young persons who have reached the statutory age for admission to work, in 2013 and 2014. While duly noting the measures taken by the Government, the Committee requests it to continue to provide statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.