Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

Autre commentaire sur C182

Observation

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The Committee notes with interest the ratification of the Minimum Age Convention, 1973 (No. 138), which will enter into force in Mexico on 10 June 2016.

Articles 3(a) and 7(1) of the Convention. Sale and trafficking, and penalties. In its previous comments, the Committee noted the statistics of the Special Prosecutor’s Office dealing with violence against women and trafficking in persons (FEVIMTRA) concerning the number of investigations, convictions and penalties imposed. The Committee also noted the adoption in 2012 of the General Law to Prevent, Punish and Eradicate Crimes relating to Trafficking in Persons and to Protect and Assist the Victims of these Crimes, which criminalizes trafficking of persons under 18 years of age. It nevertheless expressed its concern at the small number, despite the extent of the phenomenon, of the convictions secured for trafficking of children under 18 years of age for their commercial sexual exploitation and at the allegations of complicity in trafficking on the part of public officials, and asked the Government to intensify its efforts to that end.

The Committee notes the statistics provided by the Government in its report, according to which FEVIMTRA launched 105 investigations from July 2014 to May 2015, 13 of which involved children under 18 years. The Committee notes the Government’s information that two convictions imposing nine-year prison terms had been passed for cases of trafficking in persons under 18 years in the states of Chiapas and Puebla. Noting the small number of convictions, the Committee urges the Government to intensify its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations are carried out, and that sufficiently effective and dissuasive penalties are applied in practice against the persons committing those acts, including state officials suspected of complicity. It requests the Government to continue providing detailed information on the implementation of the 2012 Act against trafficking by the federal states including the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases involving child and adolescent victims.

Article 3(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 noted the development of a federal database containing information on the number and nature of offences relating to prostitution, sexual exploitation and sex tourism involving persons under 18 years of age and noted the number of investigations and convictions relating to child prostitution and pornography. It also noted the concluding observations of the Committee on the Rights of the Child expressing concern at the high level of child sex tourism, especially in tourist areas.

The Committee notes in the statistics provided by the Government that, between July 2014 and May 2015, FEVIMTRA launched 33 preliminary investigations into cases of pornography involving children under 18 years. The Committee nevertheless notes that, according to its 2015 concluding observations (CRC/C/MEX/CO/4-5, paragraph 69), the Committee on the Rights of the Child was concerned about the high prevalence of sexual exploitation of children, including child sex tourism, and the general impunity enjoyed by perpetrators of crimes. The Committee therefore requests the Government to take the necessary measures to combat child prostitution and pornography, particularly by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied against the perpetrators of those acts. It requests the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed for crimes relating to child prostitution and pornography.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. In its previous comments, the Committee noted that the general age established for admission to hazardous and unhealthy kinds of work is 16 years. It noted the adoption of the Decree to reform the Federal Labour Law on work concerning child labour, which includes the list of hazardous labour, but noted that certain provisions were not in conformity with the Convention. The Committee requested the Government to ensure that hazardous work is prohibited for children under 18 years.

The Committee notes with satisfaction the adoption of the Decree reforming and repealing various provisions of the Federal Labour Law on child labour of 12 June 2015. Under section 175 of this Decree, it is prohibited to use children under 18 years in 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. Section 176 sets out the detailed list of 20 types of prohibited hazardous or unhealthy work. The Committee nevertheless notes that, according to the “Child labour” module published as part of the 2011 national survey of employment and occupation, 31.5 per cent of child and young workers between 5 and 17 years are exposed to risks in their work. The Committee encourages the Government to intensify its efforts to ensure that, in practice, children under 18 years are not engaged in work likely to harm their health, safety or morals, in accordance with sections 175 and 176 of the Decree. The Committee requests the Government to provide information on the number of violations detected and penalties applied in this regard.

Article 6. Programmes of action. Trafficking. In its previous comments, the Committee noted that the Government had developed a number of protocols to align procedures for the investigation and prosecution of cases of trafficking, as well as to provide assistance to victims, the implementation of mechanisms to alert populations vulnerable to trafficking in persons, and various information and awareness-raising activities.

The Committee welcomes the implementation in 2014 of the national programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist the victims of these crimes. The programme is based on 16 strategies and 79 intervention targets for the achievement of four objectives, including prevention of the crime of trafficking, comprehensive victim assistance and effective prosecution of perpetrators. The Committee requests the Government to provide information on the measures taken within the framework of the national programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist the victims of these crimes, and particularly on the elimination of the sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing them from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. Further to its previous comments, the Committee notes the information from the Government according to which various activities to raise awareness of trafficking in persons have been carried out in different states and municipalities, particularly by the systems for the comprehensive development of the family to inform the population of the risks of trafficking and encourage people to file formal complaints. It also notes that the inter-institutional committees of the National Institute of Migration organized 386 awareness-raising activities in 2014, notably in the way of forums, information fairs, processions and workshops. The Health Secretariat also updated the protocol on the care of child and adolescent victims of sexual exploitation. In addition, the Government mentions that the issues of prevention and care of child and adolescent victims of sexual exploitation and trafficking were addressed within the framework of the programme for comprehensive child development and protection. Preventive activities were also carried out in the form of interactive discussions and workshops on various themes and psychological, medical and legal assistance was offered. In this regard, the Committee notes the statistics provided by the state systems for the comprehensive development of the family from 2012 to 2015 on the number of children who benefited from the preventive actions and those at risk or victims of sexual exploitation who received assistance: the Government indicates that, in 2014, 155,344 children benefited from preventive actions, and 1,158 children at risk and 49 victims of sexual exploitation received assistance. The Committee encourages the Government to continue taking measures to remove children from trafficking and sexual exploitation for sexual purposes and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this respect as well as on the results achieved in terms of the number of children removed from these worst forms of labour and subsequently rehabilitated and integrated into society.

Article 8. International cooperation. In its previous comments, the Committee noted that, within the framework of the memorandum of understanding signed with El Salvador, Guatemala, Honduras and Nicaragua, specialized capacity-building activities were carried out to ensure the safe repatriation of unaccompanied children and young persons who are victims of trafficking. The Government also informed that the binational study on trafficking between El Salvador and Mexico was under way but not yet available.

The Committee notes the information provided by the Government according to which, within the context of the high-level security group (GANSEC) involving Mexico and El Salvador, El Salvador requested the Mexican intersectoral committee against trafficking in persons to establish close cooperation with the national council against trafficking of the Government of El Salvador. In addition, the Government indicates that both governmental authorities are in coordination and communication regarding a joint evaluation to revitalize the Memorandum Agreement for the protection of victims, especially women and children, of smuggling and trafficking. The Committee also notes that the National Migration Institute (INM), through the regional coalition against smuggling of persons and illegal trafficking of migrants, contributed towards the adoption of the Manual on trafficking in persons for secretariats and ministries of foreign affairs of Central America and Mexico. The Government also mentions that the INM, through federal offices, assists child victims of trafficking in opening an administrative migration procedure. These minors are supported by child protection agents who help them to return to their country of origin or regularize their situation in the country. While noting this information, the Committee observes that there are no details on the measures taken within the framework of the memorandum of understanding signed with other countries in the region. The Committee once again requests the Government to provide information on the measures taken and the results obtained within the framework of the memorandum of understanding signed with El Salvador, Guatemala, Honduras and Nicaragua. It once again requests the Government to provide a copy of the binational study on trafficking between El Salvador and Mexico.

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