Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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.