Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information contained in the Government’s reports.

Part II (Engagement and recruitment of migrant workers), Articles 5 to 19 of the Convention. The Committee notes the information supplied by the Government to the effect that an employment support programme (PAE) is being conducted and its objectives include the provision of economic assistance to 20,000 agricultural labourers with a view to supporting internal labour mobility (SAEMLI) and economic assistance for external labour mobility (SAEMLE) to benefit an average of 3,000 workers participating in the programme for temporary Mexican migrant agricultural workers in Canada. The Committee requests the Government to keep it informed of developments in these two initiatives. It also asks the Government to provide information on the engagement and recruitment of migrant workers, both national and foreign, indicating the number of these labour migrants, their conditions of work and the types of plantation in which they are employed.

The Committee recalls that in its last direct request on Convention No. 169, it referred, inter alia, to the recruitment and conditions of employment of migrant indigenous workers recruited under the enganche system, and to the working conditions of indigenous migrant labourers. While noting that Mexican law does not treat indigenous workers separately from workers in general, the Committee requests the Government to provide information on the measures adopted or envisaged to ensure that these workers are effectively protected.

Part IV (Wages), Articles 24 to 35. The Committee asks the Government to provide information on all minimum wage rates applying to workers in plantations. Please indicate in particular the number of workers in plantations who are covered by statutory minimum wage rates, and the number of those covered by minimum wages fixed by collective agreement, as well as the incidence, in terms of a basic basket of goods, of the current minimum wage on the purchasing power of the workers.

Part X (Freedom of association), Articles 62 to 70. The Committee notes from the statistical information supplied by the Government that 15 collective agreements in the agricultural sector were registered in 2003. The Committee requests the Government to provide copies of the above agreements in so far as they apply to plantation workers. The Government is also requested to refer to the Committee’s comments of 2003 under Convention No. 87.

Part XI (Labour inspection), Articles 71 to 84. The Committee asks the Government to indicate the measures adopted or envisaged to ensure that labour inspection bodies actively supervise compliance with labour standards in plantations. The Committee also requests the Government to provide statistical information on the inspections conducted in plantations, including violations of labour standards (hours of work, wages, safety and health, employment of minors, etc.) and the penalties imposed.

Part XII (Housing), Articles 85 to 88. The Committee asks the Government to indicate the measures adopted or envisaged to encourage the provision of adequate housing accommodation for plantation workers, and to provide information on the results of any consultations held on this matter with the organizations of employers and workers concerned. Please also state whether minimum standards and specifications have been set for the housing accommodation of plantation workers.

Part XIII (Medical care), Articles 89 to 91. The Committee notes the Regulations on social security in rural areas, published in the Diario Oficial of 30 June 1997. The Committee also notes the statistical information supplied by the Government on rural workers insured under the Mexican Institute of Social Security (IMSS). The Committee notes that, according to the statistics supplied by the Government, the number of permanent insured workers in the agricultural and livestock, silviculture, hunting and fishing sectors, registered in the IMSS, fell from over 426,000 in 1997 to approximately 347,000 in 2003. The Committee requests the Government to state the reasons for the drop in the number of workers insured, and to indicate the position of workers who no longer have IMSS coverage. The Committee requests the Government also to state whether there are standards governing medical services for plantation workers, in view of the health risks inherent in work involving the use of pesticides and other highly toxic products, particularly in tobacco and coffee plantations.

Part IV of the report form. The Committee requests the Government to provide general information in its next report on the practical application of the Convention, for example: (i) statistical information on the number of enterprises and workers covered by the Convention; (ii) copies of the collective agreements applying to the sector; (iii) number of organizations of workers and employers that exist in the sector; (iv) official studies on the social and economic conditions in plantations, and any other information enabling the Committee to ascertain whether plantation workers enjoy living and working conditions that are consistent with the provisions of the Convention. Lastly, the Committee asks the Government to provide additional information showing the importance of the plantation sector for the national economy, for instance, in terms of gross domestic product, exports, or the economically active population.