Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

A Government representative stated that the worst forms of child labour were a serious affront to childhood and the whole of society. Convinced of the need to eradicate these forms of exploitation, which violated the dignity of childhood and its development, the Government had ratified Convention No. 182 in June 2000. This commitment had been reaffirmed in the National Development Plan 2007-12, formulated with the participation of various Government departments, the Office of the United Nations High Commissioner on Human Rights, academic experts and civil society representatives. The Plan gave priority to the promotion and application of international legal instruments including those relating to trafficking of persons, in particular children, as part of a strategy aimed at guaranteeing the rule of law and security.

Protection against the worst forms of child labour in his country was set out in the Constitution and was regulated by various laws, such as the Federal Labour Act, the Act for the protection of girls, boys and young persons and the Federal Act to Combat Organized Crime. On 27 November 2007, the Act to prevent and punish the trafficking of persons had been published and constituted an important step forward in implementing in domestic legislation the commitments made by his country at the international level. This Act defined the crime of the trafficking of persons and established sanctions which were commensurate to the gravity of the offence, as well as measures so that the victims of trafficking, especially children and young persons, could be protected and assisted in a concerted and appropriate manner. The Act provided for aggravating circumstances where the victim was a minor.

In the framework of the "Permanent Programme for the Collection of Confidential Information on Crimes", anonymous complaints could be filed which were then directly forwarded to the Office of the Attorney-General for analysis with a view to referring them for investigation to the competent services in the local or federal jurisdiction. Since the second half of 2007 and until the month of May 2008, 54 cases relating to the sexual exploitation, prostitution and pornography of minors had been referred to the crime prevention service of the Office of the Attorney-General. This service provided legal guidance, psychological support and social assistance to victims and their families either in person, by telephone, or by email, referring them to various centres for treatment and reha- bilitation, according to their profile.

With regard to the crime of pornography involving minors under 18 years of age, there were four cases in which the full investigations had been completed, three that were being prosecuted and another five that were under investigation. With regard to the crime of procuring in relation to the prostitution of minors under 18 years of age, there were three cases in which the preliminary investigation had been completed and in which eight persons were being prosecuted, while two other cases were under investigation. In the context of the "Oasis" programme, three criminal cases were under judicial investigation or the submission of evidence in relation to the crime of the trafficking of minors.

With the objective of investigating and prosecuting the crimes provided for in the new Act on human trafficking, a Special Prosecutor's Office for Crimes of Violence against Women and Trafficking in Persons had been created on 31 January 2008. One of the strategic projects of this Office was to create a database of information on the number and nature of the crimes of prostitution, exploitation and sexual tourism involving persons under 18 years.

Moreover, the situation with regard to the study on trafficking of persons from a gender perspective had also been prepared in nine of the federated entities of the country as well as a "Model for the Protection of women, adolescents, girls and boys victims of trafficking" and a draft National Programme to Prevent, Repress and Punish Trafficking of Persons in the context of action for the prevention, protection and care of victims, with due regard to human dignity, human rights, the gender perspective and the higher interests of the child. Last year, the Parliaments of the states of Baja California, Guerrero and Chihuahua, had adopted reforms to their respective Criminal Codes in the area of sexual exploitation of children.

In 2007, in the framework of the technical cooperation project of the Government and the ILO's International Programme for the Elimination of Child Labour (ILO-IPEC), activities had been carried out in the states of Baja California, Guerrero and Jalisco. In particular, meetings and conferences had taken place and awareness-raising campaigns had been launched to eradicate child labour and commercial child sexual exploitation, and to promote children's rights.

A final report of the ILO Office in Mexico of 30 July 2007 had noted the progress made to combat this scourge through information and awareness raising to prevent and mitigate the commercial sexual exploitation of children, identify its causes, promote legislative reform in the federal and state Parliaments and formulate and apply a model of comprehensive measures for children and ado- lescents who were victims or in situations of risk. He called on the ILO to implement a new phase of the ILO-IPEC technical cooperation project and to provide support for a specific new programme on daily child agricultural workers. Neither programme had commenced as donors had not been found.

The Programme for the Prevention, Protection, Discouragement and Eradication of Urban Marginal Work was contributing to the increase in the rate of school enrolment and diminishing the drop-out rate. In 2007, assistance had been provided to 73,446 working children and 99,943 children at risk of engagement in child labour, and 6,067 education and training grants had been provided. In the first quarter of 2008, assistance had been provided to 14,199 working children and 18,902 children at risk. Because of the structural link between poverty, child labour and school drop-out rates, social programmes were being established, in particular, the social assistance programme "Opportunities" which helped children and young persons to stay and progress in school, substantially reducing the likelihood that such young persons would enter the labour market. In rural areas, the programme had contributed to a reduction of more than 9 per cent of the probability of girls between 15 and 17 years. becoming domestic workers. In 2007, financial assistance had been provided to 5 million families in extreme poverty. A total of 5.3 million educations grants had been provided during the current school year for children in very poor households throughout the country, and over 1.6 million children under 5 years of age were being monitored for their nutrition.

The supervision of conditions of work of workers between 16 and 18 years of age at workplaces was envisaged in the Federal Labour Act, its regulations, and especially by the Official Mexican Standards for the protection of young persons from conditions that could involve such risks as long working hours, underground work, work under water or in open mines, industrial night work and the constant exposure to environmental contaminants. With a view to ensuring that own account workers under the age of 18, such as street children, did not perform hazardous work, 99 projects had been carried out and 1,740 education and food grants provided in 2007, covering a total of 35,514 street children, with the support of 72 municipal authorities and 75 civil society organizations.

The Secretary of Labour and Social Security was implementing the subprogramme "Labour Policy Addressing Child Labour", in the framework of which three manuals on the topic had been developed and addressed to employers, trade union organizations and labour inspectors. A module on child labour had been introduced, in the National Survey of Occupation and Employment for the last quarter of 2007, to obtain for the first time complete information on the characteristics of the children and young persons who carried out economic activities. This had taken place with the technical support of the ILO, taking into account the comments of UNICEF. The latter considered that the above was an important step forward in the area of the compilation of information for the dissemination of public policies and the demonstration of political will by national institutions in their efforts to guarantee the right of boys and girls not to be exploited for their labour.

He reiterated his Government's commitment and political will to achieve progress in eradicating child labour.

The Worker members observed that this case was a perfect example of the extent and importance of Convention No. 182 on the worst forms of child labour. The case revealed, on the one hand, the scope and persistence of the different forms of child labour in the world and, on the other hand, the actions undertaken to fight and eliminate them.

In Mexico, child labour took on many forms, such as the sale of children for commercial sexual exploitation, which affected approximately 5,000 children in the federal district of Mexico, pornography, prostitution and sexual tourism, as well as begging. Street children working to ensure their subsistence, as well as that of their families, also represented a considerable number, some 140,000 in the city of Mexico alone. The majority of child workers in the country were found in the informal sector of urban agglomerations and in the agricultural sector as day labourers. The situation was overwhelming - approximately 1.7 million school-aged children did not receive any education due to poverty, which forced them to work. In the case of indigenous children, education was not provided in their mother tongue.

However, they commended the efforts of the Government to combat these worst forms of child labour through, among other measures, legislative reforms to criminalize the trafficking, prostitution and causing children under 18 years of age to engage in begging, as well as projects to amend the penal codes of a series of states. The progress achieved in the framework of the ILO-IPEC project to prevent and eliminate the sexual exploitation of children, particularly by withdrawing them from that environment and returning them to the school system, also deserved to be commended. Finally, it was appropriate to duly note the information communicated by the Government concerning the number of scholarships allocated in the framework of the "Opportunities" programme and the Programme to promote the rights of girls and boys, child day workers in the agricultural sector and the prevention of child labour (PROCEDER) programmes in the agricultural sector, as well as the Programme of prevention and aid for young persons living in the street, as well as the National System for the Integral Development of the Family (DIF).

Nevertheless, attention needed to be drawn to the per- sistence of the low school attendance rates, especially among indigenous and migrant children, and the high school drop-out rates in particular for rural children, indigenous children and children of migrant workers. While the action undertaken had certainly lowered the incidence of child labour, the magnitude of the phenomenon remained a matter of serious concern. The Government needed to redouble its efforts to combat the worst forms of child labour in the country.

The Employer members emphasized the importance of this Convention which concerned the lives of innocent children. The observation of the Committee of Experts gave the general impression that, although effect was given to some degree to the provisions of the Convention through various statutory interventions, the Government had largely failed to provide in its report hard evidence of the actual compliance with, and enforcement of, these statutory provisions. It had thus not been possible to determine from the Government's report how successful, if at all, it had been in eradicating the forms of child labour prohibited by the Convention. They welcomed the details provided to the Conference Committee by the Government representative. They also fully supported the request of the Committee of Experts for information on the results achieved, as it was vital to determining whether Mexico was making real progress in eradicating child labour.

With regard to the requests made by the Committee of Experts in relation to the sale and trafficking of children, child prostitution and the use of children for begging (Article 3(a), (b) and (c) of the Convention), the Employer members applauded the very positive and real measures put in place by the Government to eradicate these forms of child labour, including the establishment of criminal offences for: trafficking persons under 18 years for sexual and economic exploitation; using, procuring or offering a child for prostitution, for the production of pornography or for pornographic performances; and using a child for illicit activities such as begging. However, they also fully supported the request for information on the effect that these statutory interventions had had in practice, particularly through statistics on the number and nature of infringements reported, the investigations undertaken, prosecutions, convictions and penal sanctions applied. Such information was vital to determine whether, in practice, the statutory interventions were effective in eradicating these forms of child labour. They called on the Government to make every effort to provide the ILO with the requested information as a matter of extreme urgency.

With regard to the request for information of the Office of Experts in relation to hazardous work by children aged between 14 and 16 years (Articles 3 (d) and 4, paragraph 1), the Employer members reminded the Government that hazardous work was one of the worst forms of child labour and that the labour law in this regard should apply to all persons under 18 years. They called upon the Government to provide information to the Office on the following issues in respect of children aged between 16 and 18 doing hazardous work: the protections put into place, provisions regarding prior training and the consultations that had taken place with employers' and workers' organizations on these issues.

With regard to effective and time-bound measures to prevent the engagement of children in commercial sexual exploitation and the removal of children from the worst forms of child labour and their rehabilitation and social integration (Article 7, paragraph 2(a) and (b)), they commended the Government's involvement and commitment to the ILO-IPEC project entitled "Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children and the Protection of CSEC Victims in Mexico" (CSEC) and urged the Government to continue its support for and involvement in this project, as the commercial sexual exploitation of children must be eradicated completely. Although they were heartened by the number of children "rescued" through this programme, this number was probably very small when compared to the actual extent of the problem. Much work still needed to be done to address this problem properly. Further information should be provided to the Office to determine the real impact of the project.

With regard to the importance of education in eliminating child labour in general, the Employer members noted the indication by the International Trade Union Confederation (ITUC) that 1.7 million children were unable to receive education as poverty rendered it imperative for them to work. They also noted the efforts made by the Government, particularly in the implementation of the "Opportunities" programme developed by the Ministry of Social Development, which provided children living in poverty with full and free access to education and to health services. They also noted that over five million children had benefited from the "Opportunities" programme in 2005 and 2006. They commended the Government for its real efforts to provide all children with the chance to receive an education and were heartened by the progress made in this regard. They also supported the Committee of Experts in its strong encouragement of the Government to redouble its efforts to further increase the school enrolment rate and further decrease the drop-out rate, particularly for rural, indigenous and migrant children. They finally called upon the Government to provide information on the results achieved.

With regard to time-bound measures to identify and reach out to children at special risk and take account of the special situation of girls (Article 7, paragraph 2(d) and (e)), the Employer members noted the information pro- vided by the Government on awareness-raising activities on domestic work by girls, including an information leaflet on domestic work distributed in education institutions. However, although awareness-raising was important, it could not replace measures to protect children against working conditions that were likely to harm their health, safety or development. Young girls engaged in domestic work were often the victims of exploitation and it was difficult to supervise their conditions of employment due to the clandestine nature of their work. Thus, although awareness-raising campaigns were very important and should be continued and even expanded, the Employer members supported the request by the Committee of Experts for the Government to redouble its efforts and to take the necessary time-bound measures to protect young girls engaged in domestic work and provide further information in this regard.

With regard to children in agricultural work and marginal urban activities, they commended the Government on the very tangible and positive steps undertaken through the Programme to prevent and eliminate child labour in the marginal urban sector and PROCEDER. They also endorsed the Committee of Experts in its encouragement to the Government to continue its efforts to protect these vulnerable children.

With regard to street children, they applauded the Government's efforts, in collaboration with the ILO, to estimate child labour in a credible and scientific manner and trusted that they would go a long way to determining the scope of the child labour problem in Mexico. The Government should provide the Office with a copy of the national study and information, disaggregated by sex, as this would provide invaluable information on the extent of the employment of girls as domestic workers.

They concluded by noting that this case represented a huge challenge and they urged the Government to continue and escalate its efforts in eradicating the abuse, in whatever manner, of children.

The Worker member of Mexico indicated that the Convention on the worst forms of child labour concerned society in its entirety. The solution to this serious problem required the participation of all parties - trade union organizations, employers, parents' associations, the media, etc. - in concrete action for which the responsibility of coordination clearly lay with the Government.

Since 1999, when the Government of Mexico had ratified the Convention, the Confederation of Mexican Workers (CTM) had been working closely not only with the Ministry of Labour, but also with the institutions responsible for its implementation, such as the National Office of the Attorney-General and the corresponding State Offices, the Secretariat of Education, Social Development and Health, and the National System for the Integral Development of the Family, as well as UNICEF and the ILO. The CTM participated in the mechanism for national coordination created by the Government in 2001 for the prevention, protection and elimination of the commercial sexual exploitation of children. He announced that in June promotional spots would be diffused on the radio and television for one week so as to coincide with the World Day against Child Labour with the support of the trade unions of media workers. In 2005, the CTM had also called attention to this subject through a campaign entitled "Children are the spring of Mexico", which concerned the need for access to high-quality educational, sporting and recreational activities for children. The activities carried out jointly with fellow workers from the hotels and restaurants industry had led to the identification of commercial sexual exploitation of children, and the CTM had joined prevention programmes through the Secretariat of Public Security of the Federal Government. Referring to the problem of drug trafficking, he explained that in its national programme against addiction, the CTM had placed particular emphasis on prevention by focusing on capacity building for working mothers so that they could observe risky behaviour and attitudes by their children. In June 2008, the CTM would launch the campaign "Children First of All", which, in addition to contributing to the fight against child labour and exploitation, emphasized the importance of paying attention to children and providing access to high-quality education.

Among the matters still pending, he referred to the signing mentioned the signing of a Memorandum of Understanding between the Government and ILO-IPEC to normalize the relationship between the country's labour authorities and the ILO, and the signing of a decree which would give rise to a National Committee for the Eradication of Child Labour. He also referred to the national fact-finding survey that was being prepared on the child labour situation in Mexico and the formulation of a national programme for the effective eradication of child labour, focusing on access to education, health-care and recreational activities. Moreover, the ratification of Convention No. 138 should be promoted along with the implementation of Recommendation No. 146 on the minimum age for admission to work.

He reaffirmed the commitment of the CTM to combat child labour in all its forms and its intention to continue to embark upon action in favour of working children, by developing initiatives for the adoption of comprehensive measures for Mexican children.

The Worker member of the United States said that he would focus on a particular aspect of the question under discussion. The issues which related to this Convention in Mexico's export manufacturing sector had been highlighted by recent research by, inter alia, Mexican expert Mercedes Gema López Limón, who had found that children between the ages of 13 and 15 were working with hazardous material in Mexico's maquiladoras.

Particularly troubling questions arose in relation to the Convention, in the special risk area of Mexican agriculture and especially export agriculture. In 2000, there had been national and international press exposés revealing 11 and 12 year old children working in the Guanajuato family ranch of the then-President-Elect Vicente Fox, earning US$7 a day by harvesting vegetables for export to the United States. A 2006 Mexican Government report funded by UNICEF had concluded that of 3.1 million agricultural labourers in Mexico, at least 400,000, and possibly as many as 700,000, were children between the ages of six and 14.

On 6 January 2007, 9-year-old David Salgado Aranda from Guerrero had been fatally run over by a tractor while harvesting tomatoes on a Sinaloa farm owned by agricultural conglomerate Agrícola Paredes, a major exporter for the North American market. The employer had denied its liability, asserting that the death had occurred on a public road, even though the claim was totally contradicted by eyewitnesses. It had tried to settle by offering the obscenely low sum of US$6,000 to the family.

The David Salgado case was hardly unique. Excelsior's investigative reporting revealed that at least 30 child labourers between the ages of 6 and 14 had died in rural work-related accidents in Sinaloa in 2006 and 2007 and last December, in Puebla, nine child coffee harvesters had been killed when the company truck had capsized. A 2007 in-depth study conducted by health and safety researchers Gamlin, Díaz Remo and Hesketh found widespread exposure of child labourers to toxic pesticides in the Mexican tobacco industry.

Nayeli Ramírez, the Director of Ririki Intervención Social, a renowned Mexican children's rights organization, had concluded that the North American Free Trade Agreement (or NAFTA) had only aggravated the child labour crisis, since the trade pact had encouraged the expansion of gigantic agricultural production and exporting operations in Mexico's northern and central States. Smaller-scale producers and primarily indigenous family farmers from Southern Mexico were devastated by this development and had no alternative but to migrate northward at each harvest season to work the big corporate fields. These displaced families had to put their children to work in order to survive, while most of those operations in the north did not provide any day care or schooling.

The Secretary of State for Labour had stated to the press that enforcement of child labour laws was very difficult due to certain jurisdictional issues between federal and state officials. The Labour Secretariat had a grand total of 318 inspectors nationwide, and farms numbered in the thousands. The Labour Secretariat had also informed the press last month that it could not report on how many of its child labour inspections involved farms, nor on the precise number of violations.

If there was to be a really serious discussion on the future of NAFTA, and of the recent Mérida security initiatives, the critical points raised in the present case should also be taken into consideration. This Committee must maintain a vigilant review of this case in the future sessions. It owed no less to Mexican children and to their right to a decent life.

The Government member of Peru, speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), noted that the Committee of Experts had included Mexico among the cases of progress by expressing its satisfaction of some of the measures adopted and taking note with interest of other measures adopted by the Government of Mexico. He said that GRULAC considered that technical cooperation between the ILO and Mexico was a suitable instrument to achieve further progress along the lines indicated by the Committee of Experts in its conclusions.

The Government member of Colombia stated that his Government acknowledged the commitment of the Government of Mexico to ensuring systematic and informed compliance with the provisions of the Convention. The Government of Colombia had made use of programmes and projects developed by Mexico to eliminate child labour in all its forms as best practices guides for the elaboration of its own national strategy against child labour. He therefore, reiterated his country's support for the Government of Mexico in its determination to improve the well-being of families and children in the framework of the Convention, as well as his full conviction that the Mexican Government would redouble its efforts to give effect to the legislative and public policy provisions that would guarantee both the present and the future of Mexican children.

The Employer member of Mexico said that the Convention offered a very wide range of protection and obliged ratifying countries to introduce legislation, action programmes and appropriate methods to ensure effective protection. It was for this reason that Mexico had ratified it one year after its adoption. He also noted with satisfaction that the country had complied with its obligations to provide reports and the information requested by the Committee of Experts within the time limits and in the form and quality required.

A simple reading of the report of the Committee of Experts showed that legislative reforms were being introduced to meet the requirements of the Convention. The Committee of Experts had noted with satisfaction the reform of the Federal Penal Code and of the Penal Procedures Code, as well as of the Federal Act on organized crime in the field of sexual exploitation of children. He also noted that progress had been made in the framework of the application of the ILO-IPEC project entitled "Contribution to the prevention and elimination of commercial sexual exploitation of children and protection of child victims of these forms of exploitation". Moreover, the Committee of Experts appreciated the methods adopted with respect to the protection of minors under 18 years of age, and that it viewed the development of strategies to combat the problem as an affirmation of its political will. It had also made observations requesting information that the Government was yet to send in order to ensure com- pliance with this obligation.

He agreed with the statement that education contributed to preventing the use of children in the worst forms of child labour and called on the Government to redouble its efforts to raise school registration rates, improve secondchance education and the numbers of those staying on at school. The Committee had also taken due note of the 5,290,000 child beneficiaries of the "Opportunities" programme between 2005 and 2006, which applied to the poorest, and of the grants to 1.24 million girls and 1.8 million boys, which demonstrated clear progress.

There was still clearly much to be done on this issue, which unfortunately was a global problem, due mainly to poverty. In conclusion, he encouraged the Government to redouble its efforts to comply with its commitments with respect to this complex problem.

The Government representative of Mexico recalled the achievements of his country in eliminating the worst forms of child labour, as well as its commitment to continue work and redouble its efforts on the issue. In order to achieve this, his country once again declared its com- plete openness to international human rights scrutiny.

The current priority, after having ratified the Convention and integrated its provisions into the legislation, was application. Compliance with this obligation was a firm commitment on behalf of the Government, a commitment that was congruent with the ILO aim of advancing towards elimination of child labour. Special attention was being given to the situation of street children, to ensure that they did not undertake dangerous work, through development of funding of several projects and a large number of education and food grants. He also referred to the issue of vulnerable groups. All the actions mentioned in his intervention were proof of the Government's political will to continue its efforts to guarantee compliance with the right to the non-exploitation of boys and girls for their labour.

Another Government representative of Mexico responded to the Worker and Employer members by supplying precise figures which demonstrated the progress made in recent years. After announcing that copies of the child labour module would be circulated to members of the Committee, she stated her agreement with the Worker member of the United States regarding the relevance of coordination between the federal Government and State Governments.

The Worker members pointed out that it would have been useful to have the data provided by the Government beforehand. While the reduction of child labour had to be commended, the Government needed to redouble its efforts. The Government needed to: (i) ensure that provisions relating to trafficking of children for economic and sexual exploitation were applied; (ii) target commercial sexual exploitation, including pornography and paedophilia; and (iii) specify the way in which it planned to extend the "Opportunities" programme to the 1.7 million children outside the school system. They said that it was important to know the impact of this programme on the reduction of child labour and for all countries which had ratified the Convention to provide cooperation and assistance to Mexico.

The Employer members noted that the discussion highlighted once again the need for the social partners to work together internationally and nationally in eradicating all the worst forms of child labour. The good work being done by the Government in cooperation with the ILO should be recognized, in particular with regard to the transparency, urgency and commitment with which the Government was tackling this problem. At the same time, one needed to recognize - and the Government had acknowledged this - that much work still needed to be done. The Employer members associated themselves with the suggestion made by the Government member of Colom- bia to highlight the programmes under way in Mexico as a case of good practice. It would be helpful if the Mexican experience could be documented so as to use it as an example for other countries. In conclusion, it was clear that the Government understood the extent of the challenge and was taking steps to address it.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children within the country and abroad for prostitution, the engagement of children in commercial sexual exploitation, the lack of access to education for a large number of children, particularly children of rural, indigenous and migrant workers, and the engagement of children in hazardous work in the agricultural sector, in marginal urban activities and on the streets.

The Committee noted the detailed information provided by the Government outlining laws and policies put in place to prohibit and combat the commercial sexual exploitation of children and the trafficking of minors for this purpose, as well as the action programmes that were being undertaken with the full participation of the social partners and in collaboration with ILO-IPEC to remove children from such situations. The Committee also noted that the Government had expressed its commitment and willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO.

The Committee noted that, although various legal provisions prohibited the commercial sexual exploitation of children and the trafficking of children for this purpose, it remained an issue of concern in practice. The Committee accordingly called on the Government to redouble its efforts and take, without delay, the necessary measures to eliminate the commercial sexual exploitation of children under 18 as well as the trafficking of children for this purpose. In this regard, the Committee urged the Government to take the necessary measures to ensure that regular unannounced visits were carried out by the labour inspectorate and that the perpetrators were prosecuted and that sufficiently effective and dissuasive penalties were imposed. The Committee requested the Government to provide detailed information in its report when it was next due to the Committee of Experts on measures taken to implement the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee also requested the Government to supply detailed information on effective and time-bound measures taken to provide for the rehabilitation and social integration of former child victims of trafficking and commercial sexual exploitation, in conformity with Article 7(2) of the Convention. These measures should include the repatriation, family reunification and support for former child victims.

With regard to education, the Committee noted the detailed information provided by the Government on measures taken to implement the "Opportunities" programme developed by the Ministry of Social Development to provide children and young persons living in poverty with full and free access to education and health services. While welcoming these measures, the Committee noted that low school enrolment and high drop-out rates continued to prevail for a large number of children. Underlining that education contributed to preventing the worst forms of child labour, the Committee strongly encouraged the Government to continue its efforts, in particular within the framework of the "Opportunities" programme, to provide free access to basic education for all children, particularly those living in rural areas as well as for children of indigenous and migrant workers.

The Committee further noted that a number of measures were being taken by the Government, particularly in the context of the PROCEDER and DIF programmes, as well the Programme of Prevention and Assistance to girls, boys and young persons living on the streets, to address the situation of children carrying out hazardous work in the agricultural sector and of street children. The Committee noted that, pursuant to the implementation of these programmes, many children in the agricultural sector and marginal urban activities had received educational or training grants. Furthermore, the number of street children had fallen in recent years. While welcoming these measures, the Committee noted that the number of children undertaking hazardous work in these sectors of activity remained high. The Committee stressed that the engagement of children in hazardous work in the agricultural sector, in marginal urban activities as well as on the streets constituted one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, the Government was required to take immediate measures to prohibit and eliminate the worst forms of child labour, as a matter of urgency. It therefore invited the Government to continue to take effective and time-bound measures to remove children undertaking hazardous work in the agricultural sector, marginal urban activities and on the streets, and to provide for their rehabilitation and social integration. It requested the Government to provide detailed information, in its next report when it was due, on the results achieved in this regard, and noted the Government's acceptance of ILO technical assistance.

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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. The Committee previously noted the ITUC’s indication that children were engaged in begging. It requested the Government to provide information on the effect given to section 201 of the Federal Penal Code which penalizes the incitement of persons to engage in begging. Noting the absence of information, the Committee once again requests the Government to provide information in this respect, particularly with regard to the application of sanctions in practice.

Clause (d) and Article 4(1) of the Convention. Hazardous types of work. In its previous comments, the Committee noted that certain provisions of the national legislation set the age of 18 years for admission to certain types of work which, by their nature and the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. However, it also noted that, with the exception of those provisions, the general age established for admission to hazardous and unhealthy kinds of work is 16 years.

The Committee notes the Government’s information that the supervision of conditions of work of workers between 16 and 18 years of age at the workplace is envisaged in the Federal Labour Act, its regulations and especially the Official Mexican Standards for the protection of young persons from work which may be hazardous to them, such as long working hours, underground work, work under water or in open mines, night work and work involving exposure to environmental contaminants. The Committee, however, observes that no such provisions seem to exist in the Mexican legislation which authorize the employment or work of young persons as from the age of 16 under strict conditions of protection and prior training, pursuant to Paragraph 4 of Recommendation No. 190. It once again observes that the general age established by the Mexican Labour Code for admission to hazardous and unhealthy kinds of work is 16 years (section 175(a) Labour Code), in contravention of Article 3(d) of the Convention. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety and morals of children, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity, as well as the consultation of employers’ and workers’ organizations. The Committee accordingly urges the Government to take the necessary measures to bring its legislation in conformity with Article 1 of the Convention, read in conjunction with Article 3(d), so as to ensure that hazardous work is prohibited for children under 18 years. However, where such work is performed by young persons between 16 and 18 years, the Committee urges the Government to take the necessary measures to ensure that work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. Domestic work. In its previous comments, the Committee noted that, according to a study published in 2004 by the National Institute for Statistics, Information and Geography (INEGI) entitled Child labour in Mexico (1995–2002), over 80 per cent of girls between the ages of 12 and 17 years were engaged in an economic activity, particularly in domestic service. It noted the information provided by the Government, according to which awareness-raising activities on domestic work by children, and particularly girls, were carried out in the country. The Committee, however, observed that important awareness-raising measures could not replace measures to protect children against conditions of work that are likely to harm their health, safety or development. In this respect, it noted that particularly young girls engaged in domestic work are often the victims of exploitation, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work.

The Committee notes the Government’s information that the “Opportunities” programme in rural areas contributed, inter alia, to reduce by 9.1 per cent the probability of girls between 15 and 17 years from becoming domestic workers. The Committee requests the Government to continue to take measures to protect child domestic workers against the worst forms of child labour, and to continue to provide information on the results achieved in this regard.

Article 8. Poverty reduction. The Committee notes the Government’s information that “Living Better” is a strategy of the Government which promotes equality of opportunities to achieve sustainable human development. This strategy targets nutrition, housing, education, social protection and employment. Various programmes, including the “Opportunities” programme and the programme for assisting daily agricultural workers, are carried out for each of these programmatic objectives. The Committee notes the Government’s information that the budget assigned to social policies is progressively increasing. The Committee requests the Government to provide information on any substantial impact noted during the implementation of the “Living Better” strategy on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted that, as a result of the collaboration with ILO–IPEC/SIMPOC, the national study on employment and occupation in 2007 would contain a chapter on child labour. The Committee notes the Government’s information that the Ministry of Labour, in collaboration with the INEGI, issued in November 2008 the results of the module on child labour, which includes for the first time complete nationwide information on the extent of child labour in Mexico. The relative research was carried out in 59,000 households and included the subjects of education, work and housework regarding children and adolescents from 5 to 17 years of age. The Committee notes the Government’s extensive information on the results of the study, which was supplied by the Government. In particular, out of 29.2 million children between 5 and 17 years in 2007, 52.8 per cent carried out housework in their household and studied, 28.8 per cent studied only and 5.1 per cent combined economic activities and study. Moreover, 89.5 per cent of children in this age range attended school, while 10.5 per cent did not. 3.6 million children, 66.9 per cent of which were boys and 33.1 per cent girls, carried out economic activities, the majority of them (69.5 per cent) being between 14 and 17 years. 51.3 per cent of children economically active were remunerated and 45.2 per cent were not remunerated. The majority of children (49 per cent) were found working in commerce and services, followed by the agricultural and fishing sectors (29 per cent) and the industrial sector (20.1 per cent); 19.3 million children were reported performing household chores. Of these, 11.6 per cent did not attend school; 14 per cent of children devoted 15 weekly hours or more to housework. The Committee must express its serious concern at the high number of children engaged in child labour, including its worst forms and requests the Government to take immediate and effective measures to improve the situation. It also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for commercial sexual exploitation. 1. Federal legislation. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) reporting the trafficking of young girls within the country and abroad for the purposes of sexual exploitation, including forced prostitution. It further noted that, according to a study carried out in six Mexican cities with the support of UNICEF, around 16,000 boys and girls were victims of commercial sexual exploitation. A study carried out by
ILO–IPEC, the Secretariat for Labour and Social Assistance and the National Social Sciences Institute corroborated the figures referred to above and added that around 5,000 children were the victims of this form of exploitation solely in the Federal District of Mexico. The Committee also noted the adoption of new legislation to penalize the trafficking of persons under 18 years of age for sexual and economic exploitation.

The Committee notes the Government’s information on the adoption of the Act of 27 November 2007 “to prevent and punish the trafficking of persons, amend, add and repeal different provisions of the Federal Act to Combat Organized Crimes, the Federal Penal Procedure Code, and the Federal Penal Code” (Act to prevent and punish the trafficking of persons) and its regulation of 27 February 2009. It notes that section 5 of the Act to prevent and punish the trafficking of persons punishes the trafficking of children under 18 years and section 6 increases the maximum penalty for this offence to 18 years’ imprisonment. The Committee further notes the Government’s information that the Attorney General’s Crimes against Women and Trafficking in Persons Unit (FEVIMTRA) was created on 31 January 2008. FEVIMTRA, inter alia, assists trafficking victims in order to get their collaboration in trials and obtain useful information for investigations.

The Committee notes that the 2009 Report on Trafficking in Persons in Mexico (Trafficking Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) indicates that Mexico is a large source, transit, and destination country for persons trafficked for the purposes of commercial sexual exploitation and forced labour. The Trafficking Report points out that a significant number of Mexican children are trafficked within the country or into the United States for commercial sexual exploitation or forced labour. Moreover, foreign child victims (especially from Central and South America but also from the Caribbean, Eastern Europe, and Asia) are trafficked into Mexico for sexual or labour exploitation or transit Mexico en route to the United States, Canada and Western Europe. Child sex tourism continues to grow in Mexico, especially in tourist areas. The Trafficking Report points out that Mexico has failed to improve on its limited anti-trafficking law enforcement efforts against offenders in 2008. FEVIMTRA opened 24 investigations into suspected trafficking activity, including 11 cases of labour exploitation and 13 cases of commercial sexual exploitation. No convictions or sentences of trafficking offenders were reported by federal, state, or local authorities in 2008. Moreover, notwithstanding alleged corruption in trafficking crimes among public officials, no convictions or sentences against corrupt officials were handed down in 2008, although some immigration officials, officials from the Mexican Attorney General’s Office, and military officials were arrested for their alleged participation in trafficking crimes. The Committee further observes that the Special Rapporteur on the sale of children, child prostitution and child pornography, who visited the country from 4 to 14 May 2007, in his report of
28 January 2008 (A/HRC/7/8/Add.2) indicates that the sexual exploitation of children is related to various forms of organized crime and clandestine circuits of the sex trade, where the vast amount of money generated by such activities, and corrupt connections with various bodies in the State sector, facilitate exploitation and frequently make it impossible to prosecute the perpetrators. The testimonies gathered overwhelmingly point to corruption and police negligence as one of the main causes of exploitation and trafficking. Inefficiency, poor training, corruption and the lack of adequate protocols and monitoring regulations, endemic in various police and municipal agencies responsible for ensuring that no minors are exploited in the “sex trade”, is conducive to the activities of speculators and opportunists who wish to offer their “clients” adolescents and children (A/HRC/7/8/Add.2, paragraphs 77 and 78).

The Committee, while observing that various provisions prohibit the commercial sexual exploitation of children and the trafficking of children for this purpose, expresses its serious concern at the information concerning the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in Mexico as well as at allegations of complicity of law enforcement officials with human traffickers. It urges the Government to take, without delay, the necessary measures to eliminate the commercial sexual exploitation of children under 18 years, as well as the trafficking of children for this purpose. In this regard, the Committee urges the Government to strengthen the capacity of law enforcement agencies, in order to ensure that the perpetrators, including official state accomplices, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to provide information on measures taken to implement the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. State legislation. The Committee previously noted that, according to the information contained in the report of the ILO–IPEC project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico” (ILO–IPEC project against CSEC), draft amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua had been approved. It requested the Government to provide information on any progress in the adoption of the draft amendments to the Penal Codes.

The Committee notes with interest the Government’s information that the amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua have been adopted. It notes that, by virtue of these amendments, trafficking of children under 18 years, sex tourism involving children under 18 years and child pornography are established as punishable offences. The Committee further notes that, according to the Trafficking Report, 22 Mexican states and the Mexican federal district have enacted legislation to criminalize some forms of human trafficking at the local level. It also notes that, according to the Government’s first report under the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MEX/1, Annex 6), several Mexican states specifically punish the trafficking of children. The Committee notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, Chihuahua is the only state that, as of May 2008, reported investigations and prosecutions of human trafficking cases during 2007: 15 cases were reported from 2007 due to the entry into force of the law on human trafficking, which was enacted on 1 January 2007. Chihuahua is also in the process of establishing a specialized police unit comprised of 15 law enforcement officials to investigate cases of trafficking of persons. The Committee welcomes the measures taken by the state of Chihuahua to combat trafficking by implementing its legislation and hopes that this example will be followed by the other Mexican states. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for the violation of the legal prohibitions on the sale and trafficking of children at the state level.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted with interest that the Decree of 27 March 2007 contains provisions penalizing the following crimes: acting as an intermediary for the prostitution of persons under 18 years of age (sections 206 and 206bis); pornography involving persons under 18 years of age (sections 202 and 202bis); and sex tourism involving persons under 18 years of age (sections 203 and 203bis).

The Committee notes the information provided by the Government representative at the Conference Committee on the Application of Standards at the 97th Session of the International Labour Conference of June 2008, according to which in the framework of the Permanent Programme for the collection of confidential information on crimes, anonymous complaints can be filed which are directly forwarded to the Attorney General’s Office for analysis with a view to referring them for investigation to the competent services in the local or federal jurisdiction. Since the second half of 2007 and until May 2008, 54 cases related to the sexual exploitation, prostitution and pornography of minors were referred to the crime prevention service of the Attorney General’s Office. With regard to the crime of procuring in relation to the prostitution of minors under 18 years, there were three cases in which the preliminary investigation was completed and in which eight persons were being prosecuted, while two other cases were under investigation. With regard to pornography, there were four cases in which full investigations were completed, three that were being prosecuted and another five that were under investigation. The Committee further notes the Government representative’s information that one of the strategic projects of FEVIMTRA is to create a database of information on the number and nature of the crimes of prostitution, sexual exploitation and sex tourism involving persons under 18 years. The Committee finally notes the information contained in the Government’s report that the results of the investigations of the Internet Police Unit for 2007 regarding crimes against minors include, inter alia, the deactivation of 1,113 sites containing child pornography and the identification of 1,396 internet sites related with child pornography. The Committee encourages the Government to pursue its efforts to combat child prostitution and child pornography. It requests the Government to continue to provide statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Article 6. Programmes of action. Trafficking. The Committee notes that according to the Government representative at the Conference Committee on the Application of Standards, a draft National Programme to prevent, repress and punish trafficking in persons (National Programme against Trafficking) was prepared, pursuant to the Act to prevent and punish the trafficking of persons. The Committee requests the Government to provide information on the adoption of the National Programme against Trafficking and results achieved in terms of the elimination of the trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. 
1. Commercial sexual exploitation. The Committee notes the extensive information contained in the Government’s report on the results achieved at the federal and state levels under the ILO–IPEC project against CSEC, particularly in terms of information and awareness raising to prevent and mitigate the commercial sexual exploitation of children and identify its causes. It notes that, according to the final technical report of this project of April 2007, in total 546 children were prevented from being engaged in commercial sexual exploitation through the provision of educational services or training opportunities, while 106 children were prevented from being engaged in this worst form of child labour through the provision of other non-education related services. It finally notes the extensive information on the activities carried out at the state level to raise awareness on commercial sexual exploitation. The Committee requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation and to provide information in this regard.

2. Education. In its previous comments, the Committee noted the indication by the ITUC that 1.7 million children of school age were unable to receive education as poverty makes it imperative for them to work. The ITUC added that, in the case of indigenous children, access to education was difficult as teaching was normally provided only in Spanish and many indigenous families only spoke their mother tongue. The Committee noted that in 2005 and 2006, over 5,290,000 children benefited from the “Opportunities” programme of Ministry of Social Development, which provides children and young persons living in poverty with full and free access to education and to health services. It noted that the Government projected to increase the number of grants provided at the secondary and higher levels to cover 1.24 million girls and 1.18 million boys for the school year 2006–07.

The Committee notes that, according to the Government representative at the Conference Committee, financial assistance was provided to 5 million families in extreme poverty in 2007 and a total of 5.3 million education grants were provided during the 2007/2008 school year for children in very poor households throughout the country within the framework of the “Opportunities” programme. As a result of this programme, at the national level the school completion rate of children who received education grants in the school year 2007–08 was of 68.98 per cent, which represents 1.79 per cent more than in 2006–07. It further notes the Government’s extensive information on the results of the “Opportunities” programme for the school year 2008/2009, especially regarding the progress in attending school. It also notes that the Government plans to extend the programme to 5,286,000 children for the school year 2009–10, which represents 256,000 children more than in 2008–09. The Committee notes the Government’s information that the Public Education Office, through the Indigenous Education General Unit (DGEI), is in charge of assisting more than 1,200,000 indigenous children. It notes that the DGEI is in charge of 1,111 indigenous educational institutions with more than 40,000 children in 19 federal states. The Committee notes with interest that the ILO–IPEC project “Stop Child Labour in Agriculture – Contribution to the prevention and elimination of child labour in Mexico, in particular the worst forms in the agricultural sector with special focus on indigenous children and child labour as a result of internal migration” (Stop Child Labour in Agriculture) was launched at the end of 2009 for a duration of five years. This project, inter alia, plans to improve the effectiveness of the “Opportunities” programme in indigenous communities. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts, in particular within the framework of the “Opportunities” programme, to provide access to free basic education to children vulnerable to the worst forms of child labour, particularly those living in rural areas as well as children of indigenous and migrant workers. It requests the Government to continue to provide information on the implementation of the “Opportunities” programme and results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee notes that the Act to prevent and punish the trafficking of persons and its regulation foresee measures to protect and assist in a concerted and appropriate manner victims of trafficking, especially children and young persons. It notes the Government’s information that FEVIMTRA is, inter alia, in charge of assisting child victims of trafficking through legal counselling, physical and psychological aid. Victims are also assisted for their rehabilitation and reintegration in their families, in order to avoid their re-victimization. The Committee notes the Government’s information that, since its creation, FEVIMTRA has assisted 12 girls and 20 boys, who were probable victims of trafficking. It further notes that, according to the final technical progress report of the ILO–IPEC project against CSEC, 108 children in total were withdrawn from commercial sexual exploitation through the provision of educational services or training opportunities, and 38 children were withdrawn from this worst form of child labour through the provision of other non-education related services. The Committee encourages the Government to continue taking measures to provide the necessary and appropriate direct assistance for the removal of children from trafficking and commercial sexual exploitation and for their rehabilitation and social integration. It also requests the Government to indicate whether reception centres for child victims of trafficking and commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking and commercial sexual exploitation.

Clause (d). Children at special risk. 1. Children in agricultural work and marginal urban activities. The Committee previously noted the ITUC’s indication that the majority of children who work were engaged in agriculture or informal urban activities. It noted the information provided by the Government on the results achieved in the context of the implementation of the programme to prevent and eliminate child labour in the marginal urban sector (programme against child labour in the marginal urban sector) and the programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER) in 2005 and 2006. The Committee notes the Government’s information on the results of the programme against child labour in the marginal urban sector between 2007 and the first trimester of 2009. In particular, it notes that the total number of children and adolescents working in the marginal urban sector decreased by 17.2 per cent. Assistance was provided to 156,562 working children and 218,587 children at risk. Moreover, the 95 per cent of children who obtained education grants completed school. The Committee notes the Government’s information that the Ministry of Social Development carries out the programme for assisting daily agricultural workers and their families. Since one of the objectives of this programme is reducing child labour, it also provides for cash transfers and other types of assistance to daily agricultural workers which are subject to the condition that their children between 6 and 14 years of age regularly attend basic education. According to the Government, in 2008 the programme had the following results: assistance was provided to a total of 650,277 families; 113,380 girls and 115,355 boys under 14 years benefited from the programme; 10,838 investment projects related to educational grants for 10,378 children were authorized. The Committee notes that the ILO–IPEC project, Stop Child Labour in Agriculture, has among its immediate objectives the implementation of direct action interventions to prevent child labour in agriculture and to withdraw children who work in agriculture. The Committee welcomes the Government’s efforts to prevent and combat child labour in the marginal urban sector and in agriculture, especially through education and encourages the Government to continue its efforts to protect children from the worst forms of child labour in these sectors. It requests the Government to continue to provide information on the results of the programmes adopted to this end, such as the programme against child labour in the marginal urban sector, PROCEDER, the programme for assisting daily agricultural workers and their families and the ILO/IPEC project Stop Child Labour in Agriculture.

2. Street children. The Committee previously noted the study of the System for the Integral Development of the Family (DIF), which showed that 114,497 children under 17 years of age worked and lived in the streets and that, solely in the city of Mexico, which was not covered by the study, there are 140,000 young persons working in the streets. It noted that, between 2001 and 2007 around 189,620 children benefited from the programme of prevention and assistance to girls, boys and young persons living in the streets (programme for street children). However, it noted that, according to the concluding observations of the Committee on the Rights of the Child in June 2006 (CRC/C/MEX/CO/3, paragraph 68), although the number of street children had fallen in recent years, it remained high and the measures adopted to prevent this phenomenon and protect the children involved were inadequate.

The Committee notes that according to the Government representative at the Conference Committee with a view to ensuring that own account workers under 18 years, such as street children, did not perform hazardous work, 99 projects were carried out and 1,740 education and food grants were provided in 2007, covering a total of 35,514 street children. The Committee notes the Government’s information that under the programme against child labour in the marginal urban sector, between 2007 and the first trimester of 2009, assistance was provided to 3,974 street children and 668 street children were reintegrated in their families. It further notes the Government’s information that 23,516 children benefited from the programme for street children in 2008. While welcoming these measures and observing that the number of street children has fallen in recent years, the Committee notes, like the Conference Committee, that the number of street children undertaking hazardous work remains high. Therefore, it encourages the Government to redouble its efforts to remove children from the streets and provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children removed from the streets and rehabilitated pursuant to the implementation of programmes and projects such as the programme against child labour in the marginal urban sector and the Programme for street children.

Article 8. International cooperation. 1. “Programme OASIS”. The Committee previously noted the Government’s information concerning the cooperation between the United States and Mexico in the context of the “Programme OASIS”. It noted that a “Programme OASIS” conference was held in San Antonio, Texas, in August 2007 and that the authorities of the two countries agreed to strengthen their cooperation to punish those responsible for the trafficking of persons, particularly children, and to extend the programme to other frontier points. The Committee notes that, according to the Government representative at the Conference Committee, in the context of the “Programme OASIS”, three criminal cases were under judicial investigation or the submission of evidence in relation to the crime of trafficking of minors. It further notes that, according to Trafficking Report, in 2008 the Mexican Federal Government continued to provide significant assistance to the US Government on cross-border trafficking. The Committee requests the Government to continue to provide information on (1) the number of persons who are charged and found guilty as a result of the implementation of the “Programme OASIS”; and (2) the number of child victims of trafficking intercepted in frontier areas.

2. Border between Mexico and Guatemala. With reference to its previous comments, the Committee noted the Government’s information that the National Institute for Migration (INM) in 2006 made over 1,522 complaints concerning the trafficking and smuggling of persons. Between January and March 2007, the INM made over 353 complaints, of which 39 were referred to the courts; of these, 26 have been set aside and 462 are under examination. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to provide information in its next report on convictions and the penalties imposed as a result of the complaints made by the INM against persons working in networks engaged in the trafficking and smuggling of children.

3. Border with El Salvador. The Committee notes that, according to the Government’s first report under the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MEX/1; paragraph 263), in 2005 the Government of Mexico signed a Memorandum of Understanding (MOU) with the Government of El Salvador in order to protect women and child victims of sale and trafficking in the border between Mexico and El Salvador. The Committee requests the Government to provide information on the number of child victims of trafficking who have been removed from trafficking and rehabilitated pursuant to the measures taken under the MOU.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3(d) and Article 4, paragraph 1, of the Convention. Hazardous types of work. In its previous comments, the Committee noted that certain provisions of the national legislation set the age of 18 years for admission to certain types of work which, by their nature and the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons: section 175 of the Federal Labour Act (night work in industry); section 160 of the Federal Regulations on occupational safety, health and the working environment (work involving the exposure of young persons to ionizing radiations); and section 202 of the Federal Penal Code (work in bars, taverns and places of debauchery). It also noted that, with the exception of the provisions mentioned above, the age established for admission to hazardous and unhealthy kinds of work is 16 years: section 175 of the Federal Labour Act and sections 154 and 159 of the Federal Regulations on occupational safety, health and the working environment. The Committee noted the Government’s indication that the provisions respecting hazardous types of work are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. It requested the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform hazardous types of work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

While noting the information provided by the Government, the Committee observes that it relates to work by children aged between 14 and 16 years. It once again reminds the Government that, under Article 3(d) of the Convention, hazardous work is one of the worst forms of child labour and applies to all young persons under 18 years of age. It also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions of protection and prior training, as well as the consultation of employers’ and workers’ organizations. The Committee therefore once again requests the Government to provide information on the measures adopted to ensure that young persons aged between 16 and 18 years are only authorized to carry out hazardous types of work in accordance with the provisions of Paragraph 4 of Recommendation No. 190.

Article 7, paragraph 2. Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. Domestic work. In its previous comments, the Committee noted that, according to a study published in 2004 by the National Institute for Statistics, Information and Geography (INEGI) entitled “Child labour in Mexico (1995–2002)”, over 80 per cent of girls between the ages of 12 and 17 years are engaged in an economic activity, particularly in domestic service. The Committee notes the information provided by the Government, according to which awareness-raising activities on domestic work by children, and particularly girls, have been carried out in the country. It also notes that an information leaflet on domestic work has been distributed in educational institutions. While noting this information, the Committee observes that, however important awareness-raising measures may be on domestic work by children with a view to combating this problem, they cannot replace measures to protect children against conditions of work that are likely to harm their health, safety or development. In this respect, the Committee notes that children, and particularly young girls, who are engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. The Committee therefore urges the Government to redouble its efforts and to take the necessary measures to protect these children against the worst forms of child labour, and to provide information in this respect.

Article 8. Poverty reduction. The Committee notes that, according to the information contained in the ILO/IPEC activities report of 2007 on the project “Support for the prevention and elimination of the commercial sexual exploitation of children (CSEC) and the protection of CSEC victims in Mexico”, a programme of poverty reduction in urban areas has been launched in the country. Noting that initiatives taken to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any substantial impact noted during the implementation of this poverty reduction programme on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that, according to the study by the INEGI “Child labour in Mexico (1995-2002)”, some 3.3 million children are engaged in an economic activity, particularly in the agricultural and craft work sectors, as traders or hawkers, domestic workers or service employees. Also according to this study, girls and boys begin working in the agricultural sector at a very early age, as they do in domestic service and in arduous and dangerous types of work. The study concluded that it is necessary to carry out research into these activities with a view to quantifying the number of children working in these sectors so that the necessary measures can be taken to guarantee their development and respect for their rights. The Committee requested the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour.

In its report, the Government indicates that in 2006 an activity was undertaken in collaboration with ILO/IPEC–SIMPOC on techniques for estimating child labour with a view to identifying components for the formulation of a reliable procedure for the estimation of child labour in Mexico. Furthermore, an activity was undertaken in July 2007 in collaboration with ILO/IPEC for the formulation of questionnaires on the work performed by children with a view to revising the INEGI’s indicators. As a result, the national study on employment and occupation in 2007 will contain a chapter on child labour. The Committee requests the Government to provide a copy of this national study with its next report. It hopes that it will contain statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and traffic of children for commercial sexual exploitation. 1. Federal legislation. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) reporting the trafficking of young girls within the country and abroad for the purposes of sexual exploitation, including forced prostitution. The Committee noted that, according to a study carried out in six Mexican cities with the support of UNICEF, around 16,000 boys and girls were victims of commercial sexual exploitation. It noted that a study carried out by ILO/IPEC, the Secretariat for Labour and Social Assistance and the National Social Sciences Institute corroborated the figures referred to above and added that around 5,000 children were the victims of this form of exploitation solely in the Federal District of Mexico. The Committee noted that reforms of the legislation were in progress and requested the Government to provide information in this respect.

The Committee notes with satisfaction the Decree of 27 March 2007 which amends, supplements and repeals certain provisions of the Federal Penal Code, the Code of Penal Procedure and the Federal Act to Combat Organized Crime in relation to the sexual exploitation of children. In particular, it notes that sections 205 and 205bis of the Penal Code penalize the trafficking of persons under 18 years of age for sexual and economic exploitation. The Committee also notes that the Government is participating in the ILO/IPEC project entitled “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico” and that progress has been achieved in the context of its implementation. It however observes that, although the Government has taken several measures to combat the sale and trafficking of children for commercial sexual exploitation, the problem still exists in practice. In this respect, it refers to the concluding observations of the Committee on the Rights of the Child on the third periodic report of Mexico of June 2006 (CRC/C/MEX/CO/3, paragraph 64), in which it indicated that it remained concerned about the extent of the sexual exploitation, trafficking and abduction of children in the country. The Committee of Experts, however, notes a communication of the Special Rapporteur on the sale of children, child prostitution and child pornography, who visited the country from 4 to 14 May 2007, indicating that there is a consensus between the public authorities and civil society organizations that the sexual exploitation of children and the trafficking of minors for this purpose constitute a serious problem which has to be addressed. The Committee appreciates the measures adopted by the Government to prohibit and eliminate this worst form of child labour and it considers these measures as an affirmation of the political will to develop strategies to combat this problem. It strongly encourages the Government to redouble its efforts to ensure the protection of children under 18 years of age against sale and trafficking for sexual exploitation, including prostitution. Furthermore, the Committee requests the Government to provide information on the effect given in practice to the new provisions, including statistics on the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied.

2. State legislation. The Committee notes the studies provided by the Government on the penal legislation respecting the commercial sexual exploitation of children. It notes that, according to the information contained in the ILO/IPEC activity reports for 2007 on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico”, draft amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua have been approved. The Committee hopes that the draft amendments to the Penal Codes will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes with interest that the Decree of 27 March 2007 contains provisions penalizing the following crimes: acting as an intermediary for the prostitution of persons under 18 years of age (sections 206 and 206bis); pornography involving persons under 18 years of age (sections 202 and 202bis); and sexual tourism involving persons under 18 years of age (sections 203 and 203bis). It requests the Government to provide information on the effect given to these provisions in practice, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously the ITUC’s indication that children were engaged in begging. It requested the Government to provide information on the effect given to section 201 of the Federal Penal Code which penalizes the incitement of persons to engage in begging. Noting the absence of information, the Committee once again requests the Government to provide information in this respect, particularly with regard to the application of sanctions in practice, and to provide, among other information, reports on the number of convictions.

Article 7, paragraph 1. Sanctions. With reference to its previous comments, the Committee notes the detailed information provided by the Government concerning the Internet Police Unit. It notes in particular that, between January 2005 and June 2007, over 2,500 sites containing child pornography were deactivated. It encourages the Government to pursue its efforts in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the detailed information provided by the Government in its report on the measures taken to combat the sexual commercial exploitation of children. It notes in particular the training activities for officials of the public authorities (labour inspection, police forces, immigration service), the awareness-raising campaigns for the population and the publication of educational materials.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and assistance for the removal of children from these worst forms. 1. Commercial sexual exploitation. With reference to its previous comments, the Committee notes that, according to the information contained in the ILO/IPEC activity reports for 2007 on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico”, measures have been taken to prevent 245 children from being engaged in this worst form of child labour or to remove them from this activity since 2005. It also notes that around 90 children have been reintegrated into the school system and over 980 children have benefited from the project since the beginning of its activities. Furthermore, the Committee notes the information provided by the Government concerning the measures taken for the rehabilitation and social integration of child victims, the assistance provided to their families and the number and location of reception centres in the various states of the country. The Committee requests the Government to continue providing information on the measures adopted in the context of the implementation of the ILO/IPEC project with a view to: (1) preventing children under 18 years of age from becoming victims of commercial sexual exploitation; and (2) providing the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, it requests the Government to provide information on the specific medical and social follow-up programmes formulated and implemented for the victims of this worst form of child labour.

2. Education. In its previous comments, the Committee noted the indication by the ITUC that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. The ITUC added that, in the case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. The Committee noted the efforts made by the Government, particularly in the context of the implementation of the “Opportunities” programme developed by the Ministry of Social Development, which provides children and young persons living in poverty with full and free access to education and to health services.

The Committee takes due note of the information provided by the Government that over 5,290,000 children benefited from the “Opportunities” programme in 2005 and 2006 and that it hopes to increase the number of grants provided at the secondary and higher levels to cover 1.24 million girls and 1.18 million boys for the school year 2006–07. The Committee however notes that, in its concluding observations of June 2006 (CRC/C/MEX/CO/3, paragraph 56), the Committee on the Rights of the Child expressed concern at continuing low school enrolment rates, especially among migrants and indigenous children, and at the high drop-out rates, especially among rural, indigenous and migrant children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to increase the school enrolment rate and to reduce the drop-out rate, particularly for rural, indigenous and migrant children. It requests the Government to provide information on the results achieved.

3. Tourism. The Committee notes the information contained in the 2007 activities report of ILO/IPEC on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of the CSEC Victims in Mexico” that over 800 professionals in tourism have been covered by awareness raising concerning the commercial sexual exploitation of children, including sexual tourism. As the country benefits from a certain level of tourism, the Committee encourages the Government to continue its awareness-raising activities for actors directly linked to the tourist industry.

Clause (d). Children at special risk. 1. Children in agricultural work and marginal urban activities. The Committee previously noted the ITUC’s indication that the majority of children who work are engaged in agriculture or informal urban activities. The Committee notes the information provided by the Government on the results achieved in the context of the implementation of the programme to prevent and eliminate child labour in the marginal urban sector and the Programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER) in 2005 and 2006. In particular, it notes that, in the context of the Programme on marginal urban activities, over 132,000 child workers and 162,700 children at risk have benefited from the programme, of whom 10,976 have received an educational grant from the System for the Integral Development of the Family (DIF), and 1,121 have received a DIF training grant. It further notes that, in the context of the PROCEDER programme, over 557,475 children have benefited directly from the programme, 2,873 children have received an education grant and 24 schools and a rehabilitation centre have been constructed. The Committee encourages the Government to continue its efforts to protect these children from the worst forms of child labour.

2. Street children. The Committee previously noted the study of the DIF, which showed that 114,497 children under 17 years of age worked and lived in the streets and that, solely in the city of Mexico, which was not covered by the study, there are 140,000 young persons working in the streets. The study added that 90 per cent of the children working in the streets did so on their own account and provided for the subsistence of their families. The Committee notes the information provided by the Government relating to the results obtained in the context of the implementation of the Programme of Prevention and Assistance to girls, boys and young persons living in the streets. It notes that, between 2001 and 2007, around 189,620 children have benefited from this programme. However, it notes that, according to the concluding observations of the Committee on the Rights of the Child in June 2006 (CRC/C/MEX/CO/3, paragraph 68), although the number of street children has fallen in recent years, it remains high and the measures adopted to prevent this phenomenon and protect the children involved are inadequate. The Committee therefore requests the Government to redouble its efforts to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in hazardous types of work. It also requests the Government to continue providing information on the impact of this programme and the results achieved.

Article 8. International cooperation. 1. “Programme OASIS”. Further to its previous comments, the Committee notes the information provided by the Government concerning the cooperation between the United States and Mexico in the context of the “Programme OASIS”, it notes that a “Programme OASIS” conference was held in San Antonio, Texas, in August 2007 and that the authorities of the two countries have agreed to strengthen their cooperation to punish those responsible for the unlawful trafficking of persons, particularly children, and to extend the programme to other frontier points. The Committee requests the Government to indicate (1) the number of persons who are charged and found guilty as a result of the implementation of this programme; and (2) the number of child victims of trafficking intercepted in frontier areas.

2. Border between Mexico and Guatemala. With reference to its previous comments, the Committee notes the information provided by the Government that the National Institute for Migration (INM) in 2006 made over 1,522 complaints concerning the unlawful trafficking and smuggling of persons. Between January and March 2007, the INM made over 353 complaints, of which 39 were referred to the courts; of these, 26 have been set aside and 462 are under examination. The Committee requests the Government to provide information on convictions and the penalties imposed as a result of the complaints made by the INM against persons working in networks engaged in the unlawful trafficking and smuggling of children.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3(d) and Article 4, paragraph 1, of the Convention. Hazardous types of work. In its previous comments, the Committee noted that certain provisions of the national legislation set the age of 18 years for admission to certain types of work which, by their nature and the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons: section 175 of the Federal Labour Act (night work in industry); section 160 of the Federal Regulations on occupational safety, health and the working environment (work involving the exposure of young persons to ionizing radiations); and section 202 of the Federal Penal Code (work in bars, taverns and places of debauchery). It also noted that, with the exception of the provisions mentioned above, the age established for admission to hazardous and unhealthy types of work is 16 years: section 175 of the Federal Labour Act and sections 154 and 159 of the Federal Regulations on occupational safety, health and the working environment. The Committee noted the Government’s indication that the provisions respecting the special protection of young persons, and particularly those relating to hazardous types of work, are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. In this respect, the Committee requested the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform types of hazardous work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

The Committee notes that the Government confines itself in its report to referring to the relevant legislative provisions respecting hazardous types of work, without providing additional information, particularly on the measures adopted to ensure compliance with the conditions established in Paragraph 4 of Recommendation No. 190 allowing the performance of hazardous types of work by young persons between the ages of 16 and 18 years. In this respect, the Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is one of the worst forms of child labour and is prohibited for all young persons under 18 years of age. It also reminds the Government that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing employment or work by young persons as from the age of 16 under strict conditions relating to their protection and prior training, and after consultation with workers’ and employers’ organizations. The Committee therefore once again requests the Government to provide information on the measures adopted to ensure that young persons aged between 16 and 18 years are only authorized to carry out hazardous types of work in accordance with the provisions of Paragraph 4 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. With reference to its previous comments, the Committee notes the information provided by the Government concerning the inspections carried out by the Federal Labour Inspectorate in the formal economy. The Committee however reminds the Government that, under this provision of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist. It therefore requests the Government to take the necessary measures to identify hazardous types of work, after consultation with the organizations of employers and workers concerned, and to inform it of the results.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. Further to its previous comments, the Committee takes due note of the information provided by the Government on the activities of the special coordination section on the trafficking of young persons and the police information technology unit of the federal police force.

Article 6. Programmes of action to eliminate the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government on the impact of the following programmes: the national programme on the rights of children and young persons; and the inter-institutional programme for the protection of young persons in border areas. In particular, it notes that, in the context of programmes for the protection and development of children engaged in economic activities, the Secretariat for Labour and Social Assistance has formulated a programme to prevent and combat child labour. Awareness-raising activities for the population have been undertaken in the context of this programme, particularly with regard to the worst forms of child labour. The Committee also notes that various actors concerned with the problem of child labour, including government agencies, employers’ and workers’ organizations and NGOs, participated in a forum on child labour and the follow-up to Convention No. 182 in June 2004. Furthermore, the Committee notes that, following consultations between the Government and employers’ and workers’ organizations on the action to be taken to eliminate the worst forms of child labour, a tripartite committee was established on the effect to be given to Convention No. 182. The Committee requests the Government to provide information on the activities and operation of the tripartite committee on the effect to be given to Convention No. 182, particularly with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that, in the context of their activities, the police information technology unit and the special coordination section on the trafficking of young persons, among other actions, identified 285 groups distributing material containing child pornography and 68 web sites containing images of child pornography. It also notes that 18 members of an organization engaging in child sexual tourism on the Internet and the corruption and prostitution of children have been apprehended. The Committee requests the Government to indicate whether these persons have been prosecuted and convicted and, if so, to indicate the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. The Committee notes that, according to the information provided by the Government, the programmes of action implemented concerned both boys and girls. However, it notes that, according to a study published in 2004 by the National Institute for Statistics and Geographical Information (INEGI) entitled "Child labour in Mexico (1995-2002)", over 80 per cent of girls between the ages of 12 and 17 years are engaged in an economic activity, particularly in domestic service. The Committee requests the Government to provide information on the measures adopted or envisaged to protect girls who work in domestic service from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the Government, the programme to prevent and combat child labour is reported to have contributed to a decrease of between 15 and 25 per cent in the labour market participation of girls and boys. It notes that, according to the study by the INEGI, "Child labour in Mexico (1995-2002)", some 3.3 million children are engaged in an economic activity, particularly in the agricultural and craftwork sectors, as traders or hawkers, domestic workers or service employees. Also according to this study, girls and boys begin working in the agricultural sector at a very early age, as they do in domestic service and in arduous and dangerous types of work. The study concludes that it is necessary to carry out research into these activities with a view to quantifying the number of children working in these sectors so that the necessary measures can be taken to guarantee their development and respect for their rights.

The Committee once again notes that, with the exception of commercial sexual exploitation, the statistics available do not specifically cover the worst forms of child labour. It therefore once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. In particular, it notes the detailed information provided in reply to its general observation, especially on the programmes of action implemented with a view to eliminating the sale and trafficking of young persons under 18 years of age and the illicit trafficking of migrants. It requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) reporting the trafficking of women and young girls within the country and abroad for the purposes of forced prostitution. The Committee noted the Government’s indication that there is no other information supporting the generalizations made by the ICFTU and it is not therefore possible to determine whether these allegations are true.

The Committee, however, noted that, according to a study carried out in six cities with the support of UNICEF, around 16,000 boys and girls are victims of commercial sexual exploitation. Furthermore, the Committee noted the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2003/85/Add.2, of 30 October 2002) following an official mission carried out in Mexico. In this report, the Rapporteur expressed concern at the "corruption closely linked to transnational organized crime, and in particular gangs engaged in the trafficking and smuggling of persons". The Committee also noted that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while being aware of the measures taken by the Government concerning "repatriated children" (menores fronterizos), remained particularly concerned that a great number of these children are victims of trafficking networks which use them for sexual or economic exploitation. It also expressed concern about the increasing number of cases of the trafficking and sale of children from neighbouring countries who are brought to Mexico to be used in prostitution. In this respect, the Committee on the Rights of the Child recommended that the Government continue taking effective measures on an urgent basis to protect Mexican migrant children, to strengthen law enforcement and to implement its national programme of prevention. The Committee on the Rights of the Child also endorsed the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.

The Committee further noted that section 366III (abduction) of the Federal Penal Code concerns young persons under 16 years of age. It also noted the Government’s indication that, with regard to section 366ter (trafficking of persons) of the Federal Penal Code, the term "minor" means a person under 16 years of age.

The Committee notes the information provided by the Government concerning the measures that it has adopted to combat the sale and trafficking of children, particularly for sexual exploitation. It notes that a Bill amending the Act for the protection of girls, boys and young persons, the Penal Code, the Federal Code of Penal Procedures, the Act against organized delinquency and the Act determining the minimum standards for the social rehabilitation of convicted persons, was approved on 4 December 2003. The Committee also notes that, according to the information available to the Office, a Bill to combat the trafficking of persons, and particularly women and children for sexual exploitation, has been formulated and submitted to Parliament. In addition, a study carried out by ILO/IPEC, the Secretariat for Labour and Social Assistance and the National Social Sciences Institute (INACIPE), published in 2004, corroborates the figures put forward by the UNICEF study referred to above, namely that over 16,000 girls, boys and young persons, including around 5,000 solely in the Federal District of Mexico, are the victims of commercial sexual exploitation.

The Committee once again observes that, although the Government has taken certain measures to combat the sale and trafficking of children, particularly for sexual exploitation, the problem persists. Indeed, there is abundant information from several sources reporting the trafficking of persons, including young persons under 18 years of age, for sexual exploitation. The Committee once again draws the Government’s attention to the fact that, under Article 1 of the Convention, when a member State ratifies the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of labour by young persons under 18 years of age. The Committee therefore once again requests the Government to redouble its efforts to protect young persons under 18 years of age against sale and trafficking for sexual exploitation, and particularly prostitution. It also once again requests the Government to take the necessary legislative measures to extend the prohibition of the sale and trafficking of young persons to all girls and boys under 18 years of age. It further requests the Government to provide information on the imposition of penalties in practice, by providing, among other information, reports on the number of convictions. Finally, the Committee hopes that the Bills referred to above will be adopted in the near future and that they will take into account these comments, and it requests the Government to provide information on any progress achieved in the adoption of these Bills.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee noted previously that, in its communication, the ICFTU indicated that certain children are engaged in begging. The Committee noted that section 201 of the Federal Penal Code establishes a sentence of imprisonment of between three and five years and a fine of between 50 and 200 days of wages for any person who compels or incites another person to engage in begging, and it requested the Government to provide information on the application in practice of section 201 of the Penal Code. Noting the absence of information on this subject, the Committee requests the Government to provide such information, particularly with regard to the application of penalties in practice, by providing, among other information, reports on the number of convictions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the indication by the ICFTU that the Government, in cooperation with UNICEF, has undertaken to address the problem of child labour, particularly in the urban informal economy, by facilitating access to education. The ICFTU referred to a report by the national education administration indicating that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. Only six out of ten children complete their elementary education. The ICFTU added that, in the specific case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. Child labour is relatively higher among the indigenous population than in non-indigenous groups. The Committee noted the efforts made by the Government in the field of education, which appeared to be resulting in a decrease in child labour. The Committee also noted the "Opportunities" programme developed by the Ministry of Social Development, which provides children and young persons living in conditions of poverty with full and free access to education and to health services.

The Committee takes due note of the detailed information on the "Opportunities" programme provided by the Government. In particular, it notes that, according to the August 2004 estimates, around 5 million families have benefited from the programme. During the 2003-04 school year, 4,577 grants were provided and 5,100 grants are due to be provided during the school year 2004-05. Furthermore, in general terms, the Government has noted the following results: between 1996 and 2003, the school enrolment rate rose by 24 per cent in rural secondary schools and by 4 per cent in urban secondary schools; the school dropout rate fell by 10 per cent in rural primary schools and by 5 per cent in urban secondary schools. In view of the important contribution of education to eliminating the worst forms of child labour, the Committee encourages the Government to continue its efforts in this field and requests it to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. In its previous comments, the Committee noted that one of the four strategic components of the programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation was to provide direct assistance to 300 boys, girls and young persons who were victims of commercial sexual exploitation or at risk in the cities of Acapulco, Guadalajara and Tijuana. Furthermore, special measures were envisaged for the families of these 300 children. The Committee notes the information provided by the Government on the programmes of action implemented to eliminate the sale and trafficking of young persons under 18 years of age, particularly in the context of the programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation. In addition to awareness-raising campaigns and forums or congresses, the Committee notes that, in November 2004, the Government inaugurated an assistance centre for child victims of commercial sexual exploitation in the State of Jalisco. While noting the efforts made by the Government to eliminate the commercial sexual exploitation of children, the Committee observes that the information provided does not show the impact of the programme in quantifiable results and contains very little data on the rehabilitation and social integration of children following their removal from work. The Committee therefore requests the Government to redouble its efforts to secure the protection of children against sale and trafficking for sexual exploitation, and particularly prostitution, and to provide information on the impact of the programme in terms of the rehabilitation and social integration of children following their removal from work.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee noted the indication by the ICFTU that the majority of children who work are engaged in agriculture or informal urban activities, such as trading. The Committee noted the study undertaken by the national system for the integral development of the family (DIF) in 100 cities in Mexico, which shows that 114,497 young persons under 17 years of age work and live in the streets. It is estimated that, solely in the city of Mexico, a city which is not covered by the study, there are around 140,000 young persons working in the streets. The study adds that 90 per cent of the girls, boys and young persons working in the streets, markets, transport terminals, squares, parks and kiosks work on their own account and provide for the subsistence of their families. The Committee expressed particular concern at the number of children working in agriculture, in informal urban activities, such as trading, and those working on their own account. It considered that children working on their own account, such as street children, could be at special risk and it requested the Government to provide information on the measures taken or envisaged to ensure that young persons under 18 years of age working on their own account are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

The Committee notes the detailed information provided by the Government on the results achieved through the implementation of various programmes of action, including the Programme for the prevention and elimination of child labour in the urban and marginalized sector and the Programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER). It notes in particular that in November 2004 the programme for prevention and assistance to girls, boys and young persons living in the streets extended its activities to the States of Coahuila, Chiapas, Gerrero, Michoacán, Querétero, San Luis de Potosí and Sonora. Accordingly, the programme currently includes the participation of 145 municipal authorities and 96 civil society organizations and covers 80,026 girls, boys and young persons living in the streets or exposed to risks. The Committee considers that children living in the street are particularly exposed to the worst forms of child labour. It requests the Government to continue its efforts to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Furthermore, the Committee requests the Government to provide information on the impact of the various programmes referred to above and the results achieved.

Article 8. Enhanced international cooperation and assistance. With reference to its previous comments, the Committee notes the information provided by the Government that it is collaborating with the Government of the United States for the implementation of a programme entitled "Programme Oasis". The objectives of the programme are: to guarantee the security and protection of migrants; to combat the organized crime of the trafficking of migrants and of persons; to prevent impunity and secure common borders. The Committee also notes that, in the context of collaboration with the International Organization for Migration (IOM), the Inter-American Commission on Women (CIM), the Organisation of American States (OAS), the National Institute for Women (INMUJERES) and the National Institute for Migration (INM), a project has been formulated with the title "Combating the trafficking of women, young persons, boys and girls in Mexico". Furthermore, it notes the memorandum of understanding for the protection of women and young persons who are victims of trafficking or smuggling on the border between Mexico and Guatemala. The Committee requests the Government to provide information on the types of cooperation measures carried out in the context of these programmes to eliminate the sale and trafficking of girls and boys under 18 years of age and the results achieved.

The Committee is also raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government has adopted the Act on the rights of girls and boys, of 31 January 2000, and the Act on the protection of the rights of girls, boys and young persons, of 29 May 2000. The Committee also notes that the Federal Penal Code and the Federal Code of Penal Procedures were amended on 4 January 2002 so as to establish more severe penalties for certain offences, including the corruption of young persons, and to categorize offences relating to child pornography and sex tourism involving children. The Committee notes that the Government has adopted a National Social Development Plan (2001-06). One of the guiding principles of this Plan is that, in order to increase equity and equality of opportunity, it is necessary to secure the protection and development of children and young persons.

Article 3. Worst forms of child labour. Clause (a) 1. All forms of slavery or practices similar to slavery. The Committee notes that article 1 of the Constitution of Mexico prohibits the practice of slavery. It also notes that section 364 II of the Federal Penal Code provides for penalties for any person who, in any manner whatsoever and by prejudicing a third person, is in violation of the rights and guarantees set forth in the Constitution. Furthermore, section 45(a) and (b) of the Act on the protection of the rights of girls, boys and young persons provides that girls, boys and young persons have the right: (a) not to be subjected to torture or to penalties or to other cruel, inhuman or degrading forms of treatment; and (b) not to be deprived of their freedom in an illegal or arbitrary manner.

2. Debt bondage and serfdom. The Committee notes that under article 123 A XXIV of the Constitution, workers shall be responsible for their debts towards their employers, associates, parents or dependants and that, in no case and for no reason may reimbursement of the debt be required from the members of their family. Nor shall any part of such debts be recoverable which is higher than the monthly wage of the worker. The Committee also notes that under section 365 II of the Federal Penal Code, a penalty shall be imposed upon any person who concludes an agreement with another person depriving the latter of her or his freedom or imposing conditions constituting a form of slavery, or who takes control of a person and transfers her or him to a third party so that the latter may conclude such an agreement.

3. Forced or compulsory labour. The Committee notes that under article 5 of the Constitution no person may be compelled to provide work without receiving equitable remuneration and without having giving her or his consent, unless said work is imposed through a penalty handed down by the judicial authority. The contract of employment shall only constitute an obligation to provide the agreed service for the period established by law and may not in any case provide for the renunciation, lost or diminution of civil and political rights. The Committee also notes that under section 365 I of the Federal Penal Code a penalty shall be imposed upon any person who compels another person to perform work or provide a service, without the corresponding remuneration, through recourse to physical or moral violence, deception, intimidation or any other means.

4. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that under section 4 of the Act on military service, conscription for recruitment for military service shall be completed during the second half of the year during which individuals reach 18 years of age. Their service shall commence on 1 January of the following year. It also notes that under section 5 of the Act on military service, military service shall constitute one year of active service for persons aged 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that under section 201 of the Federal Penal Code, any person who induces, procures, encourages or compels a person under 18 years of age to engage in prostitution, perform sexual practices or commit offences is guilty of the crime of the corruption of young persons. It also notes that under section 201bis (3) of the Penal Code, a penalty is established for any person who induces, encourages, invites or approaches in any other manner one or more persons travelling within or outside the national territory and offers them sexual relations with a young person under 18 years of age. Furthermore, the Committee notes that under section 208 of the Federal Penal Code, a penalty shall be imposed upon any person who encourages, act as an accomplice, agrees to or permits sexual relations with a young person under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee notes that under section 201 of the Federal Penal Code, any person who induces, procures, encourages or compels a person under 18 years of age to perform acts such as corporal, lascivious or sexual performances, or to commit offences is guilty of the crime of the corruption of minors. The Committee also notes that under section 201bis of the Federal Penal Code, any person who attempts to persuade or encourages by any means whatsoever, one or more persons under 18 years of age, with or without their consent, or compels or induces them to engage in corporal, lascivious or sexual performances, with a view to filming, photographing or exhibiting them through printed or electronic media, with or without a view to profit, shall be penalized. A penalty shall also be imposed on any person who him or herself or through a third party, directs, administers or supervises any type of criminal association whatsoever with the objective of carrying out the activities envisaged in the previous subsections involving young persons under 18 years of age. For the purposes of section 201bis, the term child pornography means the sexually explicit representation of images of young persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 194 I, II, III of the Federal Penal Code, penalties shall be imposed on any person who produces, transports, traffics or sells, provides, even free of charge, or prescribes one of the drugs referred to in section 193 without the authorization envisaged in the Health Act (for the purposes of this subsection, the terms produce and sell mean respectively manufacture, process, prepare or present drugs and sell, buy, acquire or supply drugs); brings into or takes out of the country one of the drugs referred to in section 193, even momentarily or while in transmit (in cases where the bringing of drugs into or taking them out of the country has not reached the stage of consumption, but where the acts in question clearly show that this was the purpose of the agent, the penalty shall be up to two-thirds of the penalty established by the present provision); provides resources or of an economic or any other nature, or collaborates in any manner whatsoever in the financing, supervision or development activities with a view to facilitating the perpetration of any of the crimes referred to in Chapter I, Title 7 of the Code entitled "On the production, possession, trafficking, promotion or other acts related to drugs". The Committee notes that under section 196 II and III of the Federal Penal Code, the penalties applicable for the offences laid down in section 194 of the Code shall be more severe where a young person is used with a view to committing one of these crimes.

Article 3(d) and Article 4. Types of hazardous work. The Committee notes that section 175 of the Federal Labour Act prohibits the engagement of persons under 18 years of age in industrial night work. It also notes that, under the terms of section 160 of the Federal Regulations on occupational safety, health and the working environment, young persons under 18 years of age may not be employed in work involving exposure to ionizing radiation. Furthermore, the Committee notes that section 202 of the Federal Penal Code prohibits work by persons under 18 years of age in bars, taverns and places of debauchery. The Committee notes that article 123 of the Constitution prohibits young persons under 16 years of age from performing unhealthy and hazardous types of work, industrial night work or any other work after ten o’clock in the evening. It further observes that section 175 of the Federal Labour Act prohibits work by young persons under 16 years of age in the following activities: outlets for the rapid consumption of drinks; work likely to prejudice their morals or upbringing; itinerant types of work, without special authorization from the labour inspectorate; work underground or underwater; hazardous or unhealthy types of work; work which exceeds their strength and which may prevent or delay their normal physical development; work in non-industrial establishments after ten o’clock in the evening and any other types of work determined by the law. Under the terms of section 176 of Federal Labour Act, the hazardous and unhealthy types of work referred to in section 175 of the Act shall be those which, by their nature and the physical, chemical or biological conditions in which they are carried out or the composition of the raw materials used, are likely to affect the life, development and physical and mental health of young persons. The types of work covered by this definition shall be determined by regulation. Under section 154 of the Federal Regulations on occupational safety, health and the working environment, the employment of young persons between 14 and 16 years of age is prohibited in hazardous and unhealthy types of work in which: (1) teratogenic or mutagenic substances are handled or transported; (2) there is a risk of exposure to sources of ionizing radiation capable of contaminating the working environment; (3) there exist abnormal atmospheric pressure or harmful thermal conditions; (4) the muscular effort required may affect conception; (5) the work is carried out on maritime drilling towers or platforms; (6) the work is carried out underwater, underground or in open cast mines; (7) the work is carried out in confined spaces; (8) the work involves welding; and (9) other activities are carried out which are determined to be hazardous or unhealthy by the law. Under section 159 of the Federal Regulations on occupational safety, health and the working environment, young persons between the ages of 14 and 16 years may not be engaged in the hazardous and unhealthy types of work referred to in section 154 of the Act.

The Committee notes that certain of the provisions referred to above, establish the age of 18 years for admission to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons (sections 175 and 160 of the Federal Labour Act and section 202 of the Federal Penal Code). Furthermore, it notes that the age established for admission to hazardous and unhealthy types of work is 16 years. It notes the information provided by the Government in its report that the provisions respecting the special protection of young persons, and particularly those relating to types of hazardous work, are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children applies to all children under 18. The Committee draws the Government’s attention to the fact that Paragraph 4 of Recommendation No. 190 provides that national laws or regulations or the competent authority, after consultation with the workers’ and employers’ organizations concerned, may authorize employment or work from the age of 16 on condition that the health, safety and morals of the children concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform types of hazardous work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

The Committee finally notes the Government’s indication that the Confederation of Mexican Workers (CTM), the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) and the Employers’ Confederation of the Republic of Mexico (COPARMEX) participate in consultations on the aspects of concern to them.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Government indicates that labour inspectors, in accordance with sections 8 and 12 of the General Regulations on inspection and the application of sanctions for violations of the labour legislation, supervise the application of labour standards in all workplaces. It requests the Government to provide information on the results achieved with regard to the identification of the types of hazardous work so determined.

Paragraph 3. Periodical examination and revision of the list of types of hazardous work determined. The Committee notes that the Government’s indication that, in the context of the Planning Act, consultations were held with employers’ and workers’ organizations with a view to updating the labour legislation. It requests the Government to provide information on any new types of hazardous work that are determined.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. The Government indicates that the worst forms of child labour envisaged in Article 3(a), (b) and (c) of the Convention are classified as crimes. The Attorney-General of the Republic and the Ministry of Public Safety are responsible for their monitoring and enforcement. For this purpose, they have established monitoring mechanisms for these crimes. In this respect, on 7 November 2000, the Special Coordinating Unit for the Trafficking of Young Persons, assigned to the specialized unit on organized crime of the Attorney-General of the Republic, commenced operations. In May 2001, the preventive federal police, under the responsibility of the specialized unit, established the Mexican Electronic Police Unit. This Unit is composed of a team of experts responsible for locating exploitation networks on the Internet. One of the special functions of this Unit is to assist in seeking and identifying denunciations at the national level, and to establish a database on sexual exploitation. With regard to Article 3(d) of the Convention, the Government indicates that the Ministry of Labour and Social Insurance, through the labour inspectorate, is responsible for controlling and enforcing labour standards. Under section 132 XXIV of the Federal Labour Act, the employer has to allow the inspection and control of the establishment by labour inspectors. Under section 173 of the Federal Labour Act, work by persons between 14 and 16 years of age is subject to the control and special protection of the labour inspectorate. Noting the information provided by the Government, the Committee requests it to provide information on the activities and operation of the Special Coordinating Unit for the Trafficking Of Young Persons, the Mexican Electronic Police Unit and the labour inspection services, and to provide relevant reports and documents.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, in the context of its National Social Development Plan (2001-2006), the Government has established, in consultation with the various social groups, the following programmes: the National Programme on the Rights of Children and Young Persons, the Inter-Institutional Programme for the Protection of Young Persons in Border Areas and the Programme for the Protection and Development of Children in Economic Activities. The Committee requests the Government to provide information on the impact of these programmes on the elimination of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that the Federal Penal Code provides for sentences of imprisonment for violations of the prohibition of the worst forms of child labour. Under the terms of section 364 II of the Code, a sentence of imprisonment of between six months and three years and a fine of between 25 and 100 days is established for violations of the rights and guarantees set forth in the Constitution, including the prohibition of slavery. In accordance with section 365 I and II of the Penal Code, a penalty of between three days and one year of imprisonment and a fine of between 5 and 100 pesos must be imposed on any person found guilty of having compelled another person to perform work or provide a service, without the corresponding remuneration, by means of physical or moral violence, deception, intimidation or any other manner; or who concludes with a third person a contract depriving that person of freedom or imposing conditions constituting a form of servitude, or who takes control of a person and transfers that person to a third party with a view to the latter concluding such an agreement. Furthermore, section 201 of the Penal Code provides that any person who commits the crime of the corruption of young persons is liable to a sentence of imprisonment of between five and ten years and a fine of between 500 and 2,000 days. Section 201bis(3) of the Penal Code provides that any person who proposes that another person should engage in sexual relations with a young person under 18 years of age is liable to a sentence of imprisonment of from five to 14 years and a fine of between 100 and 1,000 days. Under section 201bis, any person who is found guilty of having compelled or induced another person to engage in corporal, lascivious or sexual performances, with a view to filming, photographing or exhibiting them in printed or electronic form, is liable to a sentence of imprisonment of from five to ten years and a fine of between 1,000 and 2,000 days. Under the terms of section 201bis of the Penal Code, a sentence of imprisonment of from eight to 16 years and a fine of from 3,000 to 10,000 days may be imposed, together with the confiscation of the objects, instruments or products of the crime, on any person who administers or supervises any type of criminal association whatsoever with a view to undertaking the actions envisaged in the previous paragraphs involving young persons under 18 years of age. Furthermore, sections 194 I, II and III of the Penal Code establishes a sentence of imprisonment of between ten and 25 years and a fine of between 100 and 500 days for any person found guilty of producing, manufacturing or trafficking drugs or other similar substances. The Committee notes that, in accordance with section 196 II and III of the Federal Penal Code, the penalties applicable for the crimes set forth in section 194 of the Code are increased by half in cases where the victim is a young person or the young person is used with a view to committing one of the crimes.

The Committee also notes that the Federal Labour Act establishes administrative penalties in relation to hazardous and unhealthy types of work. Section 995 of the Act provides that any employer in breach of the standards governing the work of young persons shall be liable to a fine of between three and 155 times the general minimum wage; section 996 of the Act provides that any employer in breach of protective labour provisions in hotels, restaurants, bars and other similar establishments shall be liable to a fine of between three and 155 times the general minimum wage. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Noting that the Government has not provided information concerning Article 7, paragraph 2(c), (d) and (e) of the Convention, the Committee requests it to provide detailed information on the effective time-bound measures adopted to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Government indicates that the Attorney-General of the Republic and the Ministry of Public Security are the authorities responsible for the application of the provisions respecting the worst forms of child labour set out in Article 3(a), (b) and (c). With regard to hazardous work, the Ministry of Labour and Social Insurance is the authority responsible for the application of labour standards.

Parts IV and V of the report form. Application of the Convention in practice.  The Committee notes that, during the course of 2001 and the period from January to June 2002, the Ministry of Labour and Social Insurance carried out a total of 51,517 inspections and identified the presence of 463 young persons working, who are not engaged in the worst forms of child labour. The Committee also notes that, from January to March 2003, the labour inspection services carried out 2,863 inspections and did not identify the presence of young workers. The Committee notes that the statistics and data do not specifically cover the worst forms of child labour. It therefore requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its previous observation, the Committee notes the comments provided by the Government in reply to the matters raised in the communication of the International Confederation of Free Trade Unions (ICFTU) dated 13 March 2002. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), relating to the sale and trafficking of children for sexual exploitation, including prostitution, and as Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the term "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the problem of the sale and trafficking of children for sexual exploitation, including prostitution, may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the elimination of the worst forms of child labour is one of the Government’s priorities. It notes that it is taking various measures, both at the legislative level and through technical cooperation, to eliminate the worst forms of child labour. It notes in particular that at the end of 1998 the Government established an inter-institutional commission composed of 30 government organizations and civil society with a view to adopting a National Action Plan to prevent and eliminate the commercial sexual exploitation of children. In November 2001, the Government developed a mechanism for national coordination in relation to the prevention, protection and elimination of the commercial sexual exploitation of children (ESCI). The Committee also notes the Government’s indication that an analysis of the legal framework covering the commercial sexual exploitation of children was undertaken in 2002. Based on this analysis, a Bill has been formulated. Furthermore, it notes that the possibility of adopting legislation on the use of young persons for prostitution and pornography was envisaged in 2003. Finally, since the ratification of the Convention, the Government has undertaken national campaigns to raise the awareness of the population, particularly in relation to child pornography and prostitution ("OPEN YOUR EYES" and "OPEN YOUR EYES, BUT DON’T STAY SILENT")and the trafficking of children. The Committee requests the Government to provide information on any progress achieved in relation to the adoption of the above Bill.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its observations under Convention No. 29, the Committee noted the comments of the International Confederation of Free Trade Unions (ICFTU) reporting the trafficking of women and young girls within the country and abroad for the purposes of forced prostitution. The Committee noted the Government’s indication that there is no other information supporting the generalizations made by the ICFTU and that it is not therefore possible to ascertain their truth.

The Committee noted that, according to a study carried out in six cities with the support of UNICEF, around 16,000 boys and girls are victims of commercial sexual exploitation. The objective of the study was to identify the role, scope and operational methods of networks of organized crime in the procuring, trafficking and exploitation of boys and girls. The Committee also noted the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2003/85/Add.2, of 30 October 2002) following an official mission carried out in Mexico. In this report, the Rapporteur expressed concern at the "corruption closely linked to transnational organized crime, and in particular gangs engaged in the trafficking and smuggling of persons". The Rapporteur also referred to the General Population Act under which sentences of imprisonment of up to ten years may be imposed and which can also be applied to victims of trafficking and smuggling. The Committee notes that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while being aware of the measures taken by the Government concerning "repatriated children" (menores fronterizos), remained particularly concerned that a great number of these children are victims of trafficking networks which use them for sexual or economic exploitation. It also expressed concern about the increasing number of cases of the trafficking and sale of children from neighbouring countries who are brought to Mexico to be engaged in prostitution. In this respect, it recommended that the Government continue taking effective measures on an urgent basis to protect Mexican migrant children, to strengthen law enforcement and to implement its national programme of prevention. In an effort to combat effectively the inter-country trafficking and sale of children, the Committee on the Rights of the Child suggested that the Government increase its efforts in the area of bilateral and regional agreements with neighbouring countries to facilitate the repatriation of trafficked children and encourage their rehabilitation. It also endorsed the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.

The Committee notes that section 205 of the Federal Penal Code provides for a sentence of imprisonment of from five to 12 years and a fine of from 100 to 1,000 days for any person who encourages, misleads or procures a person to be engaged in prostitution within or outside the national territory. Under section 366III of the Federal Penal Code, any person who deprives a young person under 16 years of age of her or his freedom with a view to removing her or him outside the national territory and obtaining gain from her or his sale or session shall be liable to a sentence of imprisonment of between 25 and 50 years and a fine of between 4,000 and 8,000 days. It also notes that, under section 366ter of the Federal Penal Code, any person who, with the consent of an ascendant exercising parental authority or an individual responsible for bringing up a young person, transfers illicitly the young person to a third party with a view to undue economic gain shall be liable to a sentence of imprisonment of between two and nine years and a fine of from 200 to 500 days. The Committee further notes that section 2V of the Federal Act against organized crime provides that, in cases where three or more persons agree or organize themselves to commit, permanently or repeatedly, acts for the purpose or with the result of the commission of the offences set out in section 366 (abduction) and section 366ter (trafficking of persons) of the Federal Penal Code shall be penalized as members of an organized group. Section 29 of the Federal Labour Act prohibits the use of young persons under 18 years of age for the provision of services outside the Republic.

The Committee draws the Government’s attention to the fact that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour in respect of persons under the age of 18 years. The Committee notes that section 366III of the Federal Penal Code covers young persons under 16 years of age. It also notes the Government’s indication that, with regard to section 366ter of the Federal Penal Code, the term "young person" means a person under 16 years of age. The Committee notes that, although the Government has adopted several measures to combat the sale and trafficking of children, particularly for sexual exploitation, the problem persists. Indeed, there is abundant information reporting the trafficking of persons, including persons under 18 years of age, for sexual exploitation. The Committee therefore requests the Government to increase its efforts to secure the protection of children against sale and trafficking for sexual exploitation, including prostitution. It also asks the Government to take the necessary measures to extend the prohibition of the sale and trafficking of young persons to all girls and boys under 18 years of age. It further requests the Government to provide information on the imposition of penalties in practice, by providing, among other information, reports on the number of convictions.

Clause (c). Use, procuring or offering of a child for illicit activities. In its communication, the ICFTU indicated that certain children are engaged in begging. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a person under 18 years of age for illicit activities, including begging, is considered to be one of the worst forms of child labour. The Committee notes that section 201 of the Federal Penal Code provides for a sentence of imprisonment of between three and five years and a fine of between 50 and 200 days for any person who compels or encourages another person to engage in begging. It requests the Government to provide information on the application in practice of section 201 of the Penal Code.

Clause (d). Types of hazardous work. In its communication, the ICFTU indicated that most working children are engaged in agriculture or in informal urban activities, such as trading. The Committee notes the study of the national system for the integral development of the family (DIF) undertaken in 100 cities in Mexico. This study shows that 114,497 young persons under 17 years of age work and live in the streets. It is estimated that, solely in the city of Mexico, a city which is not covered by the study, there are 140,000 young persons working in the streets. The study adds that 90 per cent of the girls, boys and young persons working in the streets, markets, transport terminals, squares, parks and kiosks work on their own account and provide for the subsistence of their families.

The Committee notes that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while welcoming the fact that measures have been taken for the elimination of child labour, noted with concern that economic exploitation remains one of the major problems affecting Mexican children. It expressed particular concern that only "street children" are categorized as "working children". It considered that this misconception affected the scope and perception of this social phenomenon. In this regard, it expressed particular concern that a large number of children are still involved in labour activities, especially in the informal economy and in agriculture, as well as at the insufficient law enforcement and the lack of adequate monitoring mechanisms. The Committee on the Rights of the Child recommended that the Government reconsider its position regarding the issue of child labour. The situation of children involved in hazardous labour, especially in the informal sector, deserves special attention. It also recommended that the legislation on child labour should be enforced, the labour inspectorate strengthened and penalties imposed in cases of violation.

The Committee notes likewise that, under the terms of sections 7, 8 and 20, among others, of the Federal Labour Act, the Act only applies to relations between employers and workers. The Committee considers that children working on their own account, such as street children, could be at special risk. It is very concerned at the number of working children in the agricultural sector, in informal urban activities, such as trading, and those working on their own account. It therefore requests the Government to provide information on the measures taken or envisaged to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government to provide a copy of the study on working girls, boys and young persons carried out by the DIF.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes that the national system for the integral development of the family (DIF) has taken measures to provide assistance to girls, boys and young persons who are victims of commercial sexual exploitation and to eliminate this phenomenon. For example, the National Coordination Unit for the Prevention and Elimination of the Commercial Sexual Exploitation of Children has been established. A Plan of Action for the prevention and elimination of the commercial sexual exploitation of children has also been formulated. Furthermore, a Bilateral San Diego/Tijuana Committee to address this problem was created in November 2001. The Committee notes the progress and action taken by the Government, and particularly the formulation by the Ministry of Labour and Social Insurance, in collaboration with ILO/IPEC, of a Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation. The Programme commenced on 30 September 2002 and will be completed on 31 March 2005. The Committee requests the Government to provide information on the activities of the Bilateral San Diego/Tijuana Committee. It also requests it to provide information on the impact of the Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation and the results achieved.

2. Various programmes to prevent and eliminate child labour in the marginalized urban sector. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has implemented various programmes to prevent and eliminate child labour in the marginalized urban sector and daily work by young persons in the agricultural sector, including the Programme of assistance and prevention for boys, girls and young persons living in the streets; the Programme to prevent, address and eliminate child labour in the marginalized urban sector; and the Programme for compliance with the rights of girls and boys who are children of daily workers in the agricultural sector and for the prevention of child labour (PROCEDER). The Committee requests the Government to provide information on the impact of these programmes in eliminating the worst forms of child labour, and particularly the manner in which they ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its communication, the ICFTU indicated that the Government, in cooperation with UNICEF, has undertaken to address the problem of child labour, particularly in the urban informal economy, by facilitating access to education. In 1992, the number of years of compulsory schooling rose from six to nine. Nevertheless, the scope of the problem remains immense. At the present time, only six out of ten children complete their elementary education. The ICFTU referred to a report by the national education administration indicating that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. The ICFTU also indicated that, in the specific case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. Child labour is relatively higher among the indigenous population than in non-indigenous groups.

The Committee notes the information provided by the Government. It notes in particular that the Ministry of Public Education is developing various strategies and actions to promote greater equity in education. Among others, it has implemented the Programme for the education of migrant girls and boys and the Programme to encourage innovation in basic education. Furthermore, it envisages educational assistance for street children. The Government adds that the Ministry of Social Development, in the context of the "Contigo" strategy, has developed the "Opportunities" social and human development programme. This programme adopts the approach that, to prevent school failure and engagement in the worst forms of child labour, it is necessary, among other measures, to provide children and young persons living in conditions of poverty with free and full access to education and to health services. The "Opportunities" programme recently extended its coverage to urban areas so as to emphasize child labour in the informal economy. According to recent evaluations, the "Opportunities" programmehas contributed, through the provision of grants, to decreasing child labour by 14 per cent for boys and 15 per cent for girls.

The Committee also notes that, under the terms of article 3 of the Constitution, every person is entitled to receive an education. The State - the federation, the states, the federal district and the municipalities - has to provide pre-school, primary and secondary education, which constitutes the compulsory basic education. It also notes that under article 3 of the Constitution and section 6 of the General Education Act, the education provided by the State is free of charge. Furthermore, under section 22 of the Federal Labour Act, it is prohibited to employ young persons between 14 and 16 years of age who have not completed their compulsory schooling.

The Committee takes due note of the efforts made by the Government in the field of education, which appear to have resulted in a decrease in child labour. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It encourages the Government to continue its efforts in this field and requests it to provide information on the effective and time-bound measures taken to ensure that access to basic education and vocational training is used as an effective means of preventing the engagement of children in the worst forms of child labour. The Committee also requests the Government to provide additional information on the "Opportunities" programme and to supply statistical data on the school attendance rate in Mexico.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that one of the four strategic components of the Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation is to provide direct assistance to 300 boys, girls and young persons who are victims of commercial sexual exploitation or at risk in the cities of Acapulco, Guadalajara and Tijuana. Furthermore, special measures are envisaged for the families of these 300 children. The Committee requests the Government to provide information on the impact of this programme on the rehabilitation and social integration of the children following their removal from work.

Article 8. Enhanced international cooperation and/or assistance. The Government indicates that, with a view to combating the trafficking of young persons and the commercial sexual exploitation of children, the national central Office of Interpol in Mexico, attached to the Federal Investigation Agency of the Attorney-General of the Republic, exchanges information with the member States of the Organization relating to the identification and location of young persons, the criminal records of foreign nationals involved in illicit activities involving young persons in Mexico and the provisional detention of nationals who have committed offences and are to be extradited. It adds that the General Directorate for the Prevention of Crime and Community Services of the Attorney-General of the Republic is also taking measures to combat the trafficking of young persons and the commercial sexual exploitation of children. With a view to locating lost or absent boys, girls and young persons more easily, the Directorate distributes identification cards and establishes community collaboration committees to prevent the trafficking of young persons and their commercial sexual exploitation. The Government adds that the World Bank has financed several programmes, including projects on basic education (1999-2001). Noting the information provided by the Government, the Committee requests it to provide further information on technical cooperation projects, including support for social and economic development, poverty eradication programmes and universal education, as well as bilateral and international cooperation relating to the trafficking of children.

The Committee is also raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s first report received on 25  September 2002 and a communication dated 13 March 2002 from the International Confederation of Free Trade Unions (ICFTU), containing comments on the observance of the Convention. A copy of the ICFTU communication was transmitted to the Government on 18 July 2002 for any comments which it might wish to make on the questions raised therein.

In its comments, the ICFTU alleged that child labour law sets the minimum age for admission to employment or work at 14 years, which would be fairly well observed in the formal sector, principally in large and medium-sized companies. However, the enforcement of this minimum age of 14 years would be less adequate in small companies and in agriculture and, particularly, in the informal sector. The ICFTU referred to some recent reports which would suggest a total of approximately 5 million working children, 2 million of whom are under 12 years old. The majority of working children work for or with their parents and relatives, often in agriculture or informal urban activities such as vending. Some children are occupied as beggars.

In its communication, the ICFTU also alleged that the Government, in cooperation with UNICEF, has been undertaking efforts to address child labour, including in urban informal work and through increased access to education. In 1992, the number of years of free, obligatory school education was increased from six to nine. However, the scale of the problem remains huge. Only six out of ten primary-school children actually complete school. The ICFTU indicated that the national education authority reported that 1.7 million school-aged children are unable to receive an education because their poverty forced them to work. The ICFTU also indicated that in the particular case of indigenous children, access to education is very poor, because education is generally available only in Spanish and many indigenous families would speak only their native languages. The incidence of child labour is relatively higher than for the non-indigenous population.

In its response to the comments made by the ICFTU dated 26 November 2002, the Government has indicated that this year it has presented the first report on the application of the Convention. While noting this indication, the Committee requests the Government to reply to the comments made by the ICFTU.