Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (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.