Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mexique (Ratification: 2000)

Autre commentaire sur C182

Observation

Demande directe

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

The Committee notes with regret that the Government’s report again contains no information on this matter. It observes that, according to information in a 2011 report on the trafficking of persons in Mexico, which can be consulted on the website of the United Nations High Commissioner for Refugees (UNHCR), trafficking victims are exploited for begging in some cases. The Committee therefore urges the Government to provide detailed information in its next report on the number of violations reported and penalties imposed under section 201 of the Federal Penal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments the Committee noted the indication by the ITUC that 1.7 million children of school age were unable to receive education because poverty makes it imperative for them to work. The ITUC added that, in the case of indigenous children, access to education was difficult since teaching was normally provided only in Spanish, whereas many indigenous families only speak their mother tongue. The Committee noted that financial assistance was provided to 5 million families in extreme poverty in 2007 and a total of 5.3 million education grants were awarded during the 2007–08 school year in the context of the “Opportunities” programme to children in very poor households. Finally, the Committee noted 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.

The Committee notes the information provided in the Government’s report concerning the results achieved under the “Opportunities” programme. It observes that 5.8 million families have benefited from this programme by the end of 2010. The rate of completion of schooling for children who benefited from the “Opportunities” programme was 67.55 per cent for the 2009–10 school year. Moreover, more than 98 per cent of children who received a grant did attend school and more than 81 per cent of children in the last cycle of primary school did enrol in secondary education in 2009–10. Most of the grant recipients are girls. The Committee observes, however, that even though the primary–secondary transition rate was 94 per cent in 2008, the net enrolment rate in secondary education was only 73 per cent. The Committee encourages the Government to pursue its efforts to improve the operation of the educational system, giving particular attention to inequalities in access which affect children in rural areas, children from indigenous communities and children of migrant workers, and requests it to continue to provide information on the results achieved in the context of the “Opportunities” programme. It also requests the Government to send information on the measures taken and the results achieved in the context of the ILO–IPEC project to facilitate access to education for children from indigenous communities.

Clause (d). Children at special risk. Child domestic labour. Further to its previous comments, the Committee notes the Government’s indication that national law provides general protection for working children under 18 years of age and imposes the obligation on persons who employ children under 16 years of age to spread out their hours of work in such a way as not to impede their attendance at school (Federal Labour Act, section 180(III)). Nevertheless, the Committee notes that, according to the results of the “Child labour” module published as part of the 2009 national survey of employment and occupation, more than 19 million children and young persons between 5 and 17 years of age are engaged in domestic labour. Of these, more than 2 million do not go to school and nearly 330,000 children and young persons, of whom nearly 320,000 are girls, devote 35 hours or more per week to such work and do not attend school. The Committee requests the Government to strengthen its efforts to protect children, especially girls, engaged in domestic labour from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information in its next report on the measures taken and the results achieved in this regard.

Children engaged in agricultural work or marginal urban activities. In its previous comments the Committee noted the ITUC’s indication that the majority of children who work are engaged in agriculture or informal urban activities. It noted that, in the context of the programme to prevent and eliminate child labour in the marginal urban sector (PROCEDER), the total number of children and young persons working in that sector decreased by 17.2 per cent between 2007 and the first quarter of 2009. Finally, the Committee noted that one of the immediate objectives of the ILO–IPEC project entitled “Stop child labour in agriculture” was to provide for direct action to prevent child labour in agriculture and to withdraw children already working in the sector.

The Committee notes the statistics supplied in the Government’s report on the results achieved in the context of the PROCEDER programme. It observes that, according to these figures, the number of children engaged in this type of activity seems to have decreased since 2008. The Government’s report also indicates that, under the programme of assistance for agricultural day labourers and their families, a total of 31,352 grants, including food allowances, were given to 18,552 children in 11,903 families. Moreover, the Secretariat for Labour and Social Assistance has established the “Agricultural undertaking without child labour” label, which recognizes enterprises that have adopted a protection policy for agricultural workers’ children and young workers under 18 years of age. The Committee also notes the Government’s indication that an objective of the “Stop child labour in agriculture” project, conducted in conjunction with ILO–IPEC, is to withdraw 2,250 children from the worst forms of child labour in agriculture and prevent the engagement of 3,250 children in this type of activity. It is also planned to provide educational services to 6,000 children. The Committee strongly encourages the Government to pursue its efforts to protect children engaged in informal urban activities and agriculture from hazardous types of work and requests it to continue to provide information on the results achieved in the context of the PROCEDER programme. The Committee also requests the Government to provide information on the impact of the ILO–IPEC project on the prevention and elimination of the worst forms of child labour in agriculture.

Street children. The Committee previously noted that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2006 (CRC/C/MEX/CO/3, paragraph 68), observed that although the number of street children had fallen in recent years, it remained high. It noted that, under the PROCEDER programme, assistance had been provided to 3,974 children and 668 children had been reintegrated in their families between 2007 and the first quarter of 2009. In 2008, a total of 23,516 children benefited from the programme for street children. While noting these measures, the Committee nevertheless observed, as did the Conference Committee on the Application of Standards, that the number of street children undertaking hazardous work, including begging, remains high.

The Committee notes the statistics communicated in the Government’s report concerning the results achieved in the context of the PROCEDER programme. It observes that 1,161 girls and 2,527 boys living in the streets received assistance under this programme between 2008 and 2010. Of these, 595 girls and 1,579 boys were reintegrated into their families. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children who have been removed from the streets, rehabilitated and socially integrated, especially under the programme for the prevention and elimination of child labour in the marginal urban sector.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee noted the results of the “Child labour” module published as part of the 2007 national survey of employment and occupation. According to these results, 3.6 million children (66.9 per cent boys, 33.1 per cent girls) were engaged in economic activities and the majority of them (69.5 per cent) were between 14 and 17 years of age. Most of the working children (49 per cent) were in commerce and services, followed by the agricultural and fishing sectors (29 per cent) and the industrial sector (20.1 per cent). A total of 19.3 million children were engaged in domestic work.

The Committee notes the information provided by the Government concerning the number of inspections conducted by the federal inspectorate in various enterprises in the country and also concerning strengthening the capacities of this service, with the recruitment of 158 new inspectors and the adoption of a new strategy including monitoring of child labour. It also notes the statistics on the number of investigations, reported violations and penalties imposed between June 2009 and May 2011 in cases of trafficking of minors, trafficking for sexual exploitation, prostitution, pornography and child labour. Moreover, the Committee notes the information sent by the Government indicating that, according to the results of the “Child labour” module published as part of the 2009 national survey of employment and occupation, the number of children between 5 and 17 years of age who were engaged in economic activities fell by 14.4 per cent between 2007 and 2009. Nevertheless, the Committee notes that, according to the results of the abovementioned survey, the registered population of children and young persons between 5 and 17 years of age decreased between 2007 and 2009, which tends actually to suggest that the number of economically active children and young persons actually increased slightly. While noting the measures taken by the Government to eliminate the worst forms of child labour, the Committee expresses its concern at the large number of children under 18 years of age who are engaged in the worst forms of child labour and therefore urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government to continue to provide statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of reported violations, investigations, prosecutions, convictions and criminal penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.