Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mexico (Ratification: 2000)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments the Committee noted the observations from the International Trade Union Confederation (ITUC) referring to the trafficking of girls for sexual exploitation, including forced prostitution, within the country and abroad. It also noted that, according to a study carried out in six Mexican cities with the support of UNICEF, an estimated 16,000 boys and girls were victims of commercial sexual exploitation. Another study, conducted by ILO–IPEC, the Secretariat for Labour and Social Assistance and the National Social Sciences Institute, corroborated the figures referred to above and added that around 5,000 children were the victims of this form of exploitation in the Federal District of Mexico alone. The Committee also noted the adoption of the Act of 27 November 2007 concerning the prevention and punishment of trafficking in persons under 18 years of age for forced labour and/or sexual exploitation, and the establishment on 31 January 2008 of the Special Prosecutor’s Office dealing with violence against women and trafficking in persons (FEVIMTRA), whose mandate includes providing assistance for the victims of trafficking in order to secure their collaboration in trials and obtain useful information for investigations. The Committee further observed that the Special Rapporteur on the sale of children, child prostitution and child pornography, who visited the country from 4 to 15 May 2007, indicated in his report of 28 January 2008 (A/HRC/7/8/Add.2) that the sexual exploitation of children is related to various forms of organized crime and clandestine circuits of the sex trade, where the vast amount of money generated by such activities, and corrupt connections with various bodies in the State sector, facilitate exploitation and frequently make it impossible to prosecute the perpetrators.

The Committee notes the information communicated in the Government’s report to the effect that the National Centre for Planning, Analysis and Information to Combat Crime (CENAPI) attached to the Office of the Attorney General of the Republic has developed the National System to Combat Trafficking in Persons (SINTRA) with a view to collecting information on human trafficking and other related offences. The Government’s report also indicates that FEVIMTRA has conducted a total of 53 investigations into suspected trafficking activity, including 30 cases of labour exploitation and 19 cases of commercial sexual exploitation. Between June 2009 and May 2011, FEVIMTRA conducted 12 investigations into trafficking activity (six cases of trafficking of minors and six cases of trafficking of persons for sexual exploitation). Moreover, the Government’s report refers to the first conviction secured by FEVIMTRA relating to trafficking for labour exploitation. The perpetrator was sentenced to nine years’ imprisonment. However, the Committee 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), few prosecutions are brought by the states, except the Federal District of Mexico. Many judges are reportedly unfamiliar with the legislation on human trafficking and prosecute cases of trafficking under other laws, such as rape or procuring, under which penalties are lower. The report also indicates that corruption among public servants, especially officials responsible for law enforcement in the states, or among immigration officers remains a source of serious concern.

While noting the Government’s efforts to take practical action against the sale and trafficking of children under 18 years of age, the Committee expresses its concern at the small number of convictions secured for trafficking of children, in view of the extent of the practice in the country, at the major disparities among the various states regarding the enforcement of the laws concerning the sale and trafficking of children and at the allegations of complicity in trafficking on the part of public officials. The Committee, therefore, urges the Government to intensify its efforts to ensure the elimination in practice of the sale and trafficking of children and young persons under 18 years of age by ensuring the thorough investigation and robust prosecution of the perpetrators of such acts, including state officials suspected of complicity, and the imposition of sufficiently effective and dissuasive penalties in practice. It requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed by the federal states for violations of the legal provisions concerning the sale and trafficking of children, and also pursuant to the Act of 2007 concerning the prevention and punishment of trafficking in persons.

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 that one of the strategic projects of FEVIMTRA was to create a database of information on the number and nature of offences relating to prostitution, sexual exploitation and sex tourism involving persons under 18 years of age.

The Committee notes the Government’s indication that FEVIMTRA has been tasked with establishing this database since July 2008, with the collaboration of 23 prosecutors from the federal states. It notes the Government’s indication that only one investigation relating to child prostitution was initiated by FEVIMTRA compared with nine investigations into child pornography between June 2009 and May 2011. These investigations resulted in one conviction for child prostitution and three convictions for child pornography. However, the Committee observes that, according to information in the 2011 report on trafficking in persons, sex tourism involving children continues to increase in tourist areas such as Cancun and Acapulco and cities in the north, such as Tijuana and Ciudad Juárez. Moreover, the Committee on the Rights of the Child (CRC), in its concluding observations of 7 April 2011 on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, expressed concern at the high level of child sex tourism, especially in tourist areas (CRC/C/OPSC/MEX/CO/1, paragraph 27). The Committee therefore urges the Government to intensify its efforts to secure the elimination of the use, procuring or offering of children for prostitution, for the production of pornography or for pornographic performances, especially in the tourism industry, by ensuring the effective prosecution of the perpetrators of such acts. It requests the Government to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed for violations involving child prostitution and child pornography.

Articles 3(d) and 4(1). Hazardous work and determination of 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 takes due note of the Government’s indication that a tripartite group of experts has been set up as part of the “Stop child labour in agriculture” project, conducted in collaboration with ILO–IPEC, in order to draw up a list of hazardous and unhealthy types of work prohibited for workers under 18 years of age. It notes that this list will be presented to the Occupational Hazard Prevention Sub Committee of the National Advisory Committee on Occupational Safety and Health. The Committee recalls that, under Article 3(d) of the Convention, any 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 shall be considered one of the worst forms of child labour and shall, therefore, be prohibited for children under 18 years of age. The Committee therefore expresses the firm hope that the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age will be adopted in the near future, after consultation of the employers’ and workers’ organizations, in order to bring the legislation into conformity with the requirements of Articles 3(d) and 4(1) of the Convention, and requests the Government to send a copy of the list once it has been adopted.

Article 6. Programmes of action. Trafficking. Further to its previous comments, the Committee notes the information in the Government’s report concerning the adoption in January 2011 of the National Programme for the prevention and suppression of trafficking. It observes that the purpose of the programme is to provide an effective and comprehensive response at federal level to the problem of trafficking and has four objectives, namely to: (i) understand the causes and consequences of human trafficking in the country; (ii) prevent human trafficking and change cultural patterns of tolerance regarding sexual and labour exploitation; and (iii) contribute towards improving the enforcement of legislation regarding trafficking; (iv) provide comprehensive, high-quality care for victims of trafficking and their families and for witnesses. The Committee requests the Government to provide information on the measures taken in the context of the National Programme for the prevention and suppression of trafficking.

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 takes due note of the information in the Government’s report concerning the various awareness-raising activities established in the context of the National Plan of Action for preventing, combating and eliminating the sexual exploitation of children, in which more than 82,000 girls and boys have taken part. It also notes the Government’s indication that FEVIMTRA is running a centre that specializes in care for the victims of trafficking and commercial sexual exploitation. The centre provides the following services for victims: (i) immediate medical care; (ii) legal aid; (iii) psychological and social support geared to the rehabilitation of victims; (iv) programmes of rehabilitation through work; (v) social integration programmes; and (vi) capacity-building programmes. The Government’s report also indicates that between June 2009 and May 2011, FEVIMTRA provided assistance for 53 girls and 25 boys who were potential victims of trafficking. The Committee urges the Government to continue to take measures to remove children from trafficking and commercial sexual exploitation and ensure their rehabilitation and social integration. It requests the Government to continue to provide information on the measures taken in this respect, including under the National Plan of Action for preventing, combating and eliminating the sexual exploitation of children, as well as on the results achieved in terms of the number of children removed from this worst form of child labour and their subsequent rehabilitation and social integration.

Article 8. International cooperation. In its previous comments the Committee noted that the Government of Mexico had signed a memorandum of understanding (MOU) with the Governments of Guatemala and El Salvador concerning the protection of women and child victims of selling and trafficking at the borders of these States.

The Committee notes the information supplied by the Government to the effect that, further to the signature in 2007 of regional directives for the special protection of child victims of trafficking in cases of repatriation, a large number of child protection officers have been trained with a view to the creation of a regional protection model. In 2010 and 2011, a total of 60 child protection officers were trained in the Dominican Republic and 62 in Honduras. The Committee also notes that a bi-national study on trafficking between El Salvador and Mexico is in progress. The Committee requests the Government to continue to provide information on the measures taken and the results achieved in the context of the MOUs signed with the Governments of Guatemala and El Salvador. It also requests the Government to provide a copy of the bi-national study on trafficking between El Salvador and Mexico in its next report.

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