Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

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

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The Committee notes the observations of the Confederation of Workers of Mexico (CTM) and the Authentic Workers’ Confederation of the Republic of Mexico (CAT), communicated by the Government in its report.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour and penalties. Sale and trafficking of children. The Committee takes due note of the Government’s indication, in its report, that the National Guard benefitted from a wide range of training activities to improve its skills and detection capabilities of crimes of sale and trafficking of minors, including for purposes of commercial sexual exploitation. The Committee takes note of the annual reports of the Secretariat of Security and Civil Protection (SEGUR) on the crime rate at the national level, in which it notes that: (1) in 2022, there were 802 investigations relating to the crime of trafficking in persons and 13 cases of trafficking of minors. Of these 13 investigations, eight convictions were handed down; (2) in 2021 there were 625 investigations for alleged trafficking in persons and 29 investigations for trafficking of minors; and (3) in 2020 there were 558 investigations for trafficking in persons and 21 investigations for trafficking of minors.

From the Government’s report on the application of the Forced Labour Convention, 1930 (No. 29), the Committee notes the actions of the Office of the Special Prosecutor dealing with violence against women and trafficking in persons (FEVIMTRA) to improve the detection, care of victims and prosecution for crimes of trafficking in persons in general. These actions include, the adoption and implementation of: (1) the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention Against Transnational Organized Crime; (2) the Protocol for the Use of Procedures and Resources for the Rescue, Assistance, Care and Protection of Victims of Human Trafficking; and (3) the National Protocol for Inter-institutional Coordination for the Protection of Girls, Boys and Adolescents Victims of Violence.

The Committee further notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) that, in collaboration with the United Nations Office on Drugs and Crime (UNODC), it is developing a National Information System on Human Trafficking (SINTRA), which will allow the registration, consultation, monitoring and analysis of information on cases of trafficking in persons (CRC/MEX/6-7, 18 December 2020, para. 240). Noting the various measures taken by the Government, including within the framework of the SEGUR and the FEVIMTRA, the Committee requests it to: (i) continue its efforts; (ii) carry out an evaluation of all these measures; and (iii) provide information on their impact. The Committee encourages the Government to pursue its efforts to ensure that any person who engages in the trafficking of children is subject to in-depth investigations and robust prosecutions. Noting the absence of information on the penalties imposed, it also requests the Government to provide information on the criminal penalties imposed for the crime of trafficking of children.

Article 3(b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that: (1) in December 2019, the Ministry of Tourism, the Ministry of Interior, and the Ministry of Labour and Social Welfare, adopted the road map for the prevention and fight against sexual exploitation of children and adolescents, trafficking of minors and child labour in the travel and tourism industry. The road map is a commitment to develop actions aimed at strengthening the tourism industry and promoting mechanisms to identify cases, promote and implement effective responses to guarantee a compliance framework in the travel and tourism sector, as well as to comply with the Government’s international commitments on this issue; (2) the Strategy for the Care and Protection of Indigenous Children and Children of Afro-Mexican Descent 2022-2024 includes a strategic component focused on protecting children against all forms of discrimination and violence, including sexual exploitation. It further notes that the Government provides data disaggregated by type of offence and by gender, on 101 convictions, between July 2018 and June 2022, for crimes relating to the corruption of minors, child prostitution and child pornography, with sentences ranging from 2 to 43 years imprisonment; and (3) in 2021, investigations were carried out on 149 cases of child pornography, 64 cases of trafficking for sexual exploitation, and 10 cases of prostitution of minors and persons with disabilities, but it is not clear if these cases were prosecuted and if convictions were handed down. The Committee requests the Government to continue taking the necessary measures to combat child sexual exploitation, including prostitution and child pornography, particularly by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied against the perpetrators. It requests the Government to provide detailed information on: (i) the impact of such measures; and (ii) the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed for violations relating to child prostitution and child pornography.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. The Committee notes the Government’s indication that section 47(VI) of the 2014 General Act on the rights of girls, boys and young persons was amended by a 2022 Decree to provide that the central, federal and municipal authorities shall: “take the necessary measures to prevent, address and penalize cases in which children over 15 years of age are engaged in work that may harm their health, education or impede their physical or mental development, labour exploitation, the worst forms of child labour, forced labour and slavery”. The Committee also notes with interest the amendment by Decree of 2022 of section 176(II)(8) of the Federal Labour Law, which considers as hazardous work the following activities: “Agriculture, forestry, sawing, hunting and fishing, use of chemicals, handling of machinery, heavy vehicles, and those determined by the competent authority”.

The Committee notes the Government’s indication that, in 2019, 1.1 million children aged 5 to 17 years were working in hazardous activities, of whom 72.9 per cent were boys and 27.1 per cent girls. It notes the Government’s statement that between 2017 and 2019, there was a decline in the number of children engaged in hazardous work of 138,645 children. However, the Committee notes from the 2019 National Survey on Child Labour (ENTI) that, in 2019, there were: (1) 1.1 million children aged 15 to 17 years engaged in hazardous work; (2) 0.7 million children aged 5 to 15 years engaged in hazardous work; and (3) 1.2 million children aged 5 to 17 years engaged in unpaid domestic work in their own homes under inadequate conditions. The Committee requests the Government to provide information on the root causes of the engagement of children in hazardous work. It also again requests the Government to strengthen its efforts to ensure that no children under 18 years of age are engaged in work likely to harm their health, safety or morals. It once again requests the Government to provide detailed information, disaggregated by gender, age and sector of activity, on the number of violations detected and the penalties imposed in this respect.

Article 6. Programmes of action. Trafficking. The Committee notes the observations of the CTM and the CAT in which they express the need for the Government to intensify its efforts in the detection of and fight against the worst forms of child labour. The Committee notes the Government’s information on: (1) the adoption of the National Programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist victims of these crimes 2022–24; and (2) the continued actions taken by FEVIMTRA in accordance with the four objectives of the National programme.

With regard to prevention, the Government provides detailed information on the FEVIMTRA’s awareness-raising activities to the general public and its action to strengthen the capacities of the personnel responsible for dealing with the victims of trafficking in persons. The Committee requests the Government to continue taking measures, including within the framework of the National Programme to prevent, punish and eradicate crimes relating to the sale and trafficking of children and to protect and assist the victims of these crimes.

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. The Committee welcomes the adoption of the National Project for the strengthening of shelters that provide assistance to victims of trafficking, in collaboration with the UNODC. The Committee notes the Government’s indication that: (1) between 2018 and 2022, it was possible to provide comprehensive support to 93,780 children in 460 municipalities; (2) there is no precise data indicating how many children were removed from the worst forms of child labour and socially reintegrated with their families, but the vast majority of these children were reintegrated in the education system; (3) the FEVIMTRA, through its Specialized Shelter for women victims of violence and crime assisted 167 children between 2015 and 2020; and (4) the Specialized Shelter offers a multidisciplinary care scheme that guarantees coverage of the basic needs of its residents and assists each victim in a personalized manner for their recovery.

The Committee further notes the Government’s indication that, in July 2021, the Additional Protocol for the Search of Children and Adolescents was approved, a tool to allow authorities to coordinate their efforts in the search of disappeared children, which: (1) includes actions for the search of children deprived of liberty for the purpose of trafficking, exploitation and recruitment; and (2) mandates the authorities to search for children in this situation and ensure their protection and physical and emotional integrity. Noting the time-bound and effective measures taken by the Government to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration, the Committee encourages the Government to continue taking measures in this regard. It also requests it to continue providing information on the number of children removed from these worst forms of child labour and then rehabilitated and socially integrated.

Article 8. International cooperation. The Committee notes the adoption of the Action Plan of Mexico, in the framework of the Global Alliance to put an end to all forms of violence against children. The Action Plan envisages actions for the protection of children against commercial sexual exploitation through the development of a strategy involving all three levels of Government (central, federal and municipal), the private sector and civil society organizations with eight strategies: (1) interinstitutional coordination; (2) legislative harmonization; (3) training to strengthen the protection; (4) data generation; (5) campaigns and awareness actions; (6) safe environments; (7) complaint services and attention to victims; and (8) prevention of the Commercial Sexual Exploitation of Girls, Boys and Adolescents.

The Committee notes that, in December 2020, the Executive Secretariat of the National Protection System of Children and Adolescents (SIPINNA), in cooperation with the Programme of the European Union for social cohesion (EUROsociAL) began working on the design of the Strategy for the Prevention of Sexual Exploitation of Children and Adolescents (ESCNNA) in Mexico, a process that materialized with the signature between both instances in November 2021 and the publication of the Strategy in April 2022, which has the objective of implementing intergovernmental actions in collaboration with families, communities, the media and private sector, to eradicate the commercial sexual exploitation of girls, boys and adolescents.

The Committee also notes the Government’s participation in: (1) the Regional Initiative for a Latin America and Caribbean Free from Child Labour; and (2) meetings and commissions of the Regional Action Group of the Americas for the prevention of sexual exploitation of children in travel and tourism (GARA). The Committee welcomes the Government’s efforts and encourages it to pursue international cooperation with neighbouring countries to eliminate the commercial sexual exploitation of children and trafficking for that purpose. It also requests the Government to provide information on the impact of the measures taken in terms of the number of children removed, to the extent possible, this information should be disaggregated by gender and age.

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