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

Individual Case (CAS) - Discussion: 2008, Publication: 97th ILC session (2008)

A Government representative stated that the worst forms of child labour were a serious affront to childhood and the whole of society. Convinced of the need to eradicate these forms of exploitation, which violated the dignity of childhood and its development, the Government had ratified Convention No. 182 in June 2000. This commitment had been reaffirmed in the National Development Plan 2007-12, formulated with the participation of various Government departments, the Office of the United Nations High Commissioner on Human Rights, academic experts and civil society representatives. The Plan gave priority to the promotion and application of international legal instruments including those relating to trafficking of persons, in particular children, as part of a strategy aimed at guaranteeing the rule of law and security.

Protection against the worst forms of child labour in his country was set out in the Constitution and was regulated by various laws, such as the Federal Labour Act, the Act for the protection of girls, boys and young persons and the Federal Act to Combat Organized Crime. On 27 November 2007, the Act to prevent and punish the trafficking of persons had been published and constituted an important step forward in implementing in domestic legislation the commitments made by his country at the international level. This Act defined the crime of the trafficking of persons and established sanctions which were commensurate to the gravity of the offence, as well as measures so that the victims of trafficking, especially children and young persons, could be protected and assisted in a concerted and appropriate manner. The Act provided for aggravating circumstances where the victim was a minor.

In the framework of the "Permanent Programme for the Collection of Confidential Information on Crimes", anonymous complaints could be filed which were then directly forwarded to the Office of the Attorney-General for analysis with a view to referring them for investigation to the competent services in the local or federal jurisdiction. Since the second half of 2007 and until the month of May 2008, 54 cases relating to the sexual exploitation, prostitution and pornography of minors had been referred to the crime prevention service of the Office of the Attorney-General. This service provided legal guidance, psychological support and social assistance to victims and their families either in person, by telephone, or by email, referring them to various centres for treatment and reha- bilitation, according to their profile.

With regard to the crime of pornography involving minors under 18 years of age, there were four cases in which the full investigations had been completed, three that were being prosecuted and another five that were under investigation. With regard to the crime of procuring in relation to the prostitution of minors under 18 years of age, there were three cases in which the preliminary investigation had been completed and in which eight persons were being prosecuted, while two other cases were under investigation. In the context of the "Oasis" programme, three criminal cases were under judicial investigation or the submission of evidence in relation to the crime of the trafficking of minors.

With the objective of investigating and prosecuting the crimes provided for in the new Act on human trafficking, a Special Prosecutor's Office for Crimes of Violence against Women and Trafficking in Persons had been created on 31 January 2008. One of the strategic projects of this Office was to create a database of information on the number and nature of the crimes of prostitution, exploitation and sexual tourism involving persons under 18 years.

Moreover, the situation with regard to the study on trafficking of persons from a gender perspective had also been prepared in nine of the federated entities of the country as well as a "Model for the Protection of women, adolescents, girls and boys victims of trafficking" and a draft National Programme to Prevent, Repress and Punish Trafficking of Persons in the context of action for the prevention, protection and care of victims, with due regard to human dignity, human rights, the gender perspective and the higher interests of the child. Last year, the Parliaments of the states of Baja California, Guerrero and Chihuahua, had adopted reforms to their respective Criminal Codes in the area of sexual exploitation of children.

In 2007, in the framework of the technical cooperation project of the Government and the ILO's International Programme for the Elimination of Child Labour (ILO-IPEC), activities had been carried out in the states of Baja California, Guerrero and Jalisco. In particular, meetings and conferences had taken place and awareness-raising campaigns had been launched to eradicate child labour and commercial child sexual exploitation, and to promote children's rights.

A final report of the ILO Office in Mexico of 30 July 2007 had noted the progress made to combat this scourge through information and awareness raising to prevent and mitigate the commercial sexual exploitation of children, identify its causes, promote legislative reform in the federal and state Parliaments and formulate and apply a model of comprehensive measures for children and ado- lescents who were victims or in situations of risk. He called on the ILO to implement a new phase of the ILO-IPEC technical cooperation project and to provide support for a specific new programme on daily child agricultural workers. Neither programme had commenced as donors had not been found.

The Programme for the Prevention, Protection, Discouragement and Eradication of Urban Marginal Work was contributing to the increase in the rate of school enrolment and diminishing the drop-out rate. In 2007, assistance had been provided to 73,446 working children and 99,943 children at risk of engagement in child labour, and 6,067 education and training grants had been provided. In the first quarter of 2008, assistance had been provided to 14,199 working children and 18,902 children at risk. Because of the structural link between poverty, child labour and school drop-out rates, social programmes were being established, in particular, the social assistance programme "Opportunities" which helped children and young persons to stay and progress in school, substantially reducing the likelihood that such young persons would enter the labour market. In rural areas, the programme had contributed to a reduction of more than 9 per cent of the probability of girls between 15 and 17 years. becoming domestic workers. In 2007, financial assistance had been provided to 5 million families in extreme poverty. A total of 5.3 million educations grants had been provided during the current school year for children in very poor households throughout the country, and over 1.6 million children under 5 years of age were being monitored for their nutrition.

The supervision of conditions of work of workers between 16 and 18 years of age at workplaces was envisaged in the Federal Labour Act, its regulations, and especially by the Official Mexican Standards for the protection of young persons from conditions that could involve such risks as long working hours, underground work, work under water or in open mines, industrial night work and the constant exposure to environmental contaminants. With a view to ensuring that own account workers under the age of 18, such as street children, did not perform hazardous work, 99 projects had been carried out and 1,740 education and food grants provided in 2007, covering a total of 35,514 street children, with the support of 72 municipal authorities and 75 civil society organizations.

The Secretary of Labour and Social Security was implementing the subprogramme "Labour Policy Addressing Child Labour", in the framework of which three manuals on the topic had been developed and addressed to employers, trade union organizations and labour inspectors. A module on child labour had been introduced, in the National Survey of Occupation and Employment for the last quarter of 2007, to obtain for the first time complete information on the characteristics of the children and young persons who carried out economic activities. This had taken place with the technical support of the ILO, taking into account the comments of UNICEF. The latter considered that the above was an important step forward in the area of the compilation of information for the dissemination of public policies and the demonstration of political will by national institutions in their efforts to guarantee the right of boys and girls not to be exploited for their labour.

He reiterated his Government's commitment and political will to achieve progress in eradicating child labour.

The Worker members observed that this case was a perfect example of the extent and importance of Convention No. 182 on the worst forms of child labour. The case revealed, on the one hand, the scope and persistence of the different forms of child labour in the world and, on the other hand, the actions undertaken to fight and eliminate them.

In Mexico, child labour took on many forms, such as the sale of children for commercial sexual exploitation, which affected approximately 5,000 children in the federal district of Mexico, pornography, prostitution and sexual tourism, as well as begging. Street children working to ensure their subsistence, as well as that of their families, also represented a considerable number, some 140,000 in the city of Mexico alone. The majority of child workers in the country were found in the informal sector of urban agglomerations and in the agricultural sector as day labourers. The situation was overwhelming - approximately 1.7 million school-aged children did not receive any education due to poverty, which forced them to work. In the case of indigenous children, education was not provided in their mother tongue.

However, they commended the efforts of the Government to combat these worst forms of child labour through, among other measures, legislative reforms to criminalize the trafficking, prostitution and causing children under 18 years of age to engage in begging, as well as projects to amend the penal codes of a series of states. The progress achieved in the framework of the ILO-IPEC project to prevent and eliminate the sexual exploitation of children, particularly by withdrawing them from that environment and returning them to the school system, also deserved to be commended. Finally, it was appropriate to duly note the information communicated by the Government concerning the number of scholarships allocated in the framework of the "Opportunities" programme and the Programme to promote the rights of girls and boys, child day workers in the agricultural sector and the prevention of child labour (PROCEDER) programmes in the agricultural sector, as well as the Programme of prevention and aid for young persons living in the street, as well as the National System for the Integral Development of the Family (DIF).

Nevertheless, attention needed to be drawn to the per- sistence of the low school attendance rates, especially among indigenous and migrant children, and the high school drop-out rates in particular for rural children, indigenous children and children of migrant workers. While the action undertaken had certainly lowered the incidence of child labour, the magnitude of the phenomenon remained a matter of serious concern. The Government needed to redouble its efforts to combat the worst forms of child labour in the country.

The Employer members emphasized the importance of this Convention which concerned the lives of innocent children. The observation of the Committee of Experts gave the general impression that, although effect was given to some degree to the provisions of the Convention through various statutory interventions, the Government had largely failed to provide in its report hard evidence of the actual compliance with, and enforcement of, these statutory provisions. It had thus not been possible to determine from the Government's report how successful, if at all, it had been in eradicating the forms of child labour prohibited by the Convention. They welcomed the details provided to the Conference Committee by the Government representative. They also fully supported the request of the Committee of Experts for information on the results achieved, as it was vital to determining whether Mexico was making real progress in eradicating child labour.

With regard to the requests made by the Committee of Experts in relation to the sale and trafficking of children, child prostitution and the use of children for begging (Article 3(a), (b) and (c) of the Convention), the Employer members applauded the very positive and real measures put in place by the Government to eradicate these forms of child labour, including the establishment of criminal offences for: trafficking persons under 18 years for sexual and economic exploitation; using, procuring or offering a child for prostitution, for the production of pornography or for pornographic performances; and using a child for illicit activities such as begging. However, they also fully supported the request for information on the effect that these statutory interventions had had in practice, particularly through statistics on the number and nature of infringements reported, the investigations undertaken, prosecutions, convictions and penal sanctions applied. Such information was vital to determine whether, in practice, the statutory interventions were effective in eradicating these forms of child labour. They called on the Government to make every effort to provide the ILO with the requested information as a matter of extreme urgency.

With regard to the request for information of the Office of Experts in relation to hazardous work by children aged between 14 and 16 years (Articles 3 (d) and 4, paragraph 1), the Employer members reminded the Government that hazardous work was one of the worst forms of child labour and that the labour law in this regard should apply to all persons under 18 years. They called upon the Government to provide information to the Office on the following issues in respect of children aged between 16 and 18 doing hazardous work: the protections put into place, provisions regarding prior training and the consultations that had taken place with employers' and workers' organizations on these issues.

With regard to effective and time-bound measures to prevent the engagement of children in commercial sexual exploitation and the removal of children from the worst forms of child labour and their rehabilitation and social integration (Article 7, paragraph 2(a) and (b)), they commended the Government's involvement and commitment to the ILO-IPEC project entitled "Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children and the Protection of CSEC Victims in Mexico" (CSEC) and urged the Government to continue its support for and involvement in this project, as the commercial sexual exploitation of children must be eradicated completely. Although they were heartened by the number of children "rescued" through this programme, this number was probably very small when compared to the actual extent of the problem. Much work still needed to be done to address this problem properly. Further information should be provided to the Office to determine the real impact of the project.

With regard to the importance of education in eliminating child labour in general, the Employer members noted the indication by the International Trade Union Confederation (ITUC) that 1.7 million children were unable to receive education as poverty rendered it imperative for them to work. They also noted the efforts made by the Government, particularly in the implementation of the "Opportunities" programme developed by the Ministry of Social Development, which provided children living in poverty with full and free access to education and to health services. They also noted that over five million children had benefited from the "Opportunities" programme in 2005 and 2006. They commended the Government for its real efforts to provide all children with the chance to receive an education and were heartened by the progress made in this regard. They also supported the Committee of Experts in its strong encouragement of the Government to redouble its efforts to further increase the school enrolment rate and further decrease the drop-out rate, particularly for rural, indigenous and migrant children. They finally called upon the Government to provide information on the results achieved.

With regard to time-bound measures to identify and reach out to children at special risk and take account of the special situation of girls (Article 7, paragraph 2(d) and (e)), the Employer members noted the information pro- vided by the Government on awareness-raising activities on domestic work by girls, including an information leaflet on domestic work distributed in education institutions. However, although awareness-raising was important, it could not replace measures to protect children against working conditions that were likely to harm their health, safety or development. Young girls engaged in domestic work were often the victims of exploitation and it was difficult to supervise their conditions of employment due to the clandestine nature of their work. Thus, although awareness-raising campaigns were very important and should be continued and even expanded, the Employer members supported the request by the Committee of Experts for the Government to redouble its efforts and to take the necessary time-bound measures to protect young girls engaged in domestic work and provide further information in this regard.

With regard to children in agricultural work and marginal urban activities, they commended the Government on the very tangible and positive steps undertaken through the Programme to prevent and eliminate child labour in the marginal urban sector and PROCEDER. They also endorsed the Committee of Experts in its encouragement to the Government to continue its efforts to protect these vulnerable children.

With regard to street children, they applauded the Government's efforts, in collaboration with the ILO, to estimate child labour in a credible and scientific manner and trusted that they would go a long way to determining the scope of the child labour problem in Mexico. The Government should provide the Office with a copy of the national study and information, disaggregated by sex, as this would provide invaluable information on the extent of the employment of girls as domestic workers.

They concluded by noting that this case represented a huge challenge and they urged the Government to continue and escalate its efforts in eradicating the abuse, in whatever manner, of children.

The Worker member of Mexico indicated that the Convention on the worst forms of child labour concerned society in its entirety. The solution to this serious problem required the participation of all parties - trade union organizations, employers, parents' associations, the media, etc. - in concrete action for which the responsibility of coordination clearly lay with the Government.

Since 1999, when the Government of Mexico had ratified the Convention, the Confederation of Mexican Workers (CTM) had been working closely not only with the Ministry of Labour, but also with the institutions responsible for its implementation, such as the National Office of the Attorney-General and the corresponding State Offices, the Secretariat of Education, Social Development and Health, and the National System for the Integral Development of the Family, as well as UNICEF and the ILO. The CTM participated in the mechanism for national coordination created by the Government in 2001 for the prevention, protection and elimination of the commercial sexual exploitation of children. He announced that in June promotional spots would be diffused on the radio and television for one week so as to coincide with the World Day against Child Labour with the support of the trade unions of media workers. In 2005, the CTM had also called attention to this subject through a campaign entitled "Children are the spring of Mexico", which concerned the need for access to high-quality educational, sporting and recreational activities for children. The activities carried out jointly with fellow workers from the hotels and restaurants industry had led to the identification of commercial sexual exploitation of children, and the CTM had joined prevention programmes through the Secretariat of Public Security of the Federal Government. Referring to the problem of drug trafficking, he explained that in its national programme against addiction, the CTM had placed particular emphasis on prevention by focusing on capacity building for working mothers so that they could observe risky behaviour and attitudes by their children. In June 2008, the CTM would launch the campaign "Children First of All", which, in addition to contributing to the fight against child labour and exploitation, emphasized the importance of paying attention to children and providing access to high-quality education.

Among the matters still pending, he referred to the signing mentioned the signing of a Memorandum of Understanding between the Government and ILO-IPEC to normalize the relationship between the country's labour authorities and the ILO, and the signing of a decree which would give rise to a National Committee for the Eradication of Child Labour. He also referred to the national fact-finding survey that was being prepared on the child labour situation in Mexico and the formulation of a national programme for the effective eradication of child labour, focusing on access to education, health-care and recreational activities. Moreover, the ratification of Convention No. 138 should be promoted along with the implementation of Recommendation No. 146 on the minimum age for admission to work.

He reaffirmed the commitment of the CTM to combat child labour in all its forms and its intention to continue to embark upon action in favour of working children, by developing initiatives for the adoption of comprehensive measures for Mexican children.

The Worker member of the United States said that he would focus on a particular aspect of the question under discussion. The issues which related to this Convention in Mexico's export manufacturing sector had been highlighted by recent research by, inter alia, Mexican expert Mercedes Gema López Limón, who had found that children between the ages of 13 and 15 were working with hazardous material in Mexico's maquiladoras.

Particularly troubling questions arose in relation to the Convention, in the special risk area of Mexican agriculture and especially export agriculture. In 2000, there had been national and international press exposés revealing 11 and 12 year old children working in the Guanajuato family ranch of the then-President-Elect Vicente Fox, earning US$7 a day by harvesting vegetables for export to the United States. A 2006 Mexican Government report funded by UNICEF had concluded that of 3.1 million agricultural labourers in Mexico, at least 400,000, and possibly as many as 700,000, were children between the ages of six and 14.

On 6 January 2007, 9-year-old David Salgado Aranda from Guerrero had been fatally run over by a tractor while harvesting tomatoes on a Sinaloa farm owned by agricultural conglomerate Agrícola Paredes, a major exporter for the North American market. The employer had denied its liability, asserting that the death had occurred on a public road, even though the claim was totally contradicted by eyewitnesses. It had tried to settle by offering the obscenely low sum of US$6,000 to the family.

The David Salgado case was hardly unique. Excelsior's investigative reporting revealed that at least 30 child labourers between the ages of 6 and 14 had died in rural work-related accidents in Sinaloa in 2006 and 2007 and last December, in Puebla, nine child coffee harvesters had been killed when the company truck had capsized. A 2007 in-depth study conducted by health and safety researchers Gamlin, Díaz Remo and Hesketh found widespread exposure of child labourers to toxic pesticides in the Mexican tobacco industry.

Nayeli Ramírez, the Director of Ririki Intervención Social, a renowned Mexican children's rights organization, had concluded that the North American Free Trade Agreement (or NAFTA) had only aggravated the child labour crisis, since the trade pact had encouraged the expansion of gigantic agricultural production and exporting operations in Mexico's northern and central States. Smaller-scale producers and primarily indigenous family farmers from Southern Mexico were devastated by this development and had no alternative but to migrate northward at each harvest season to work the big corporate fields. These displaced families had to put their children to work in order to survive, while most of those operations in the north did not provide any day care or schooling.

The Secretary of State for Labour had stated to the press that enforcement of child labour laws was very difficult due to certain jurisdictional issues between federal and state officials. The Labour Secretariat had a grand total of 318 inspectors nationwide, and farms numbered in the thousands. The Labour Secretariat had also informed the press last month that it could not report on how many of its child labour inspections involved farms, nor on the precise number of violations.

If there was to be a really serious discussion on the future of NAFTA, and of the recent Mérida security initiatives, the critical points raised in the present case should also be taken into consideration. This Committee must maintain a vigilant review of this case in the future sessions. It owed no less to Mexican children and to their right to a decent life.

The Government member of Peru, speaking on behalf of the Group of Latin American and Caribbean Countries (GRULAC), noted that the Committee of Experts had included Mexico among the cases of progress by expressing its satisfaction of some of the measures adopted and taking note with interest of other measures adopted by the Government of Mexico. He said that GRULAC considered that technical cooperation between the ILO and Mexico was a suitable instrument to achieve further progress along the lines indicated by the Committee of Experts in its conclusions.

The Government member of Colombia stated that his Government acknowledged the commitment of the Government of Mexico to ensuring systematic and informed compliance with the provisions of the Convention. The Government of Colombia had made use of programmes and projects developed by Mexico to eliminate child labour in all its forms as best practices guides for the elaboration of its own national strategy against child labour. He therefore, reiterated his country's support for the Government of Mexico in its determination to improve the well-being of families and children in the framework of the Convention, as well as his full conviction that the Mexican Government would redouble its efforts to give effect to the legislative and public policy provisions that would guarantee both the present and the future of Mexican children.

The Employer member of Mexico said that the Convention offered a very wide range of protection and obliged ratifying countries to introduce legislation, action programmes and appropriate methods to ensure effective protection. It was for this reason that Mexico had ratified it one year after its adoption. He also noted with satisfaction that the country had complied with its obligations to provide reports and the information requested by the Committee of Experts within the time limits and in the form and quality required.

A simple reading of the report of the Committee of Experts showed that legislative reforms were being introduced to meet the requirements of the Convention. The Committee of Experts had noted with satisfaction the reform of the Federal Penal Code and of the Penal Procedures Code, as well as of the Federal Act on organized crime in the field of sexual exploitation of children. He also noted that progress had been made in the framework of the application of the ILO-IPEC project entitled "Contribution to the prevention and elimination of commercial sexual exploitation of children and protection of child victims of these forms of exploitation". Moreover, the Committee of Experts appreciated the methods adopted with respect to the protection of minors under 18 years of age, and that it viewed the development of strategies to combat the problem as an affirmation of its political will. It had also made observations requesting information that the Government was yet to send in order to ensure com- pliance with this obligation.

He agreed with the statement that education contributed to preventing the use of children in the worst forms of child labour and called on the Government to redouble its efforts to raise school registration rates, improve secondchance education and the numbers of those staying on at school. The Committee had also taken due note of the 5,290,000 child beneficiaries of the "Opportunities" programme between 2005 and 2006, which applied to the poorest, and of the grants to 1.24 million girls and 1.8 million boys, which demonstrated clear progress.

There was still clearly much to be done on this issue, which unfortunately was a global problem, due mainly to poverty. In conclusion, he encouraged the Government to redouble its efforts to comply with its commitments with respect to this complex problem.

The Government representative of Mexico recalled the achievements of his country in eliminating the worst forms of child labour, as well as its commitment to continue work and redouble its efforts on the issue. In order to achieve this, his country once again declared its com- plete openness to international human rights scrutiny.

The current priority, after having ratified the Convention and integrated its provisions into the legislation, was application. Compliance with this obligation was a firm commitment on behalf of the Government, a commitment that was congruent with the ILO aim of advancing towards elimination of child labour. Special attention was being given to the situation of street children, to ensure that they did not undertake dangerous work, through development of funding of several projects and a large number of education and food grants. He also referred to the issue of vulnerable groups. All the actions mentioned in his intervention were proof of the Government's political will to continue its efforts to guarantee compliance with the right to the non-exploitation of boys and girls for their labour.

Another Government representative of Mexico responded to the Worker and Employer members by supplying precise figures which demonstrated the progress made in recent years. After announcing that copies of the child labour module would be circulated to members of the Committee, she stated her agreement with the Worker member of the United States regarding the relevance of coordination between the federal Government and State Governments.

The Worker members pointed out that it would have been useful to have the data provided by the Government beforehand. While the reduction of child labour had to be commended, the Government needed to redouble its efforts. The Government needed to: (i) ensure that provisions relating to trafficking of children for economic and sexual exploitation were applied; (ii) target commercial sexual exploitation, including pornography and paedophilia; and (iii) specify the way in which it planned to extend the "Opportunities" programme to the 1.7 million children outside the school system. They said that it was important to know the impact of this programme on the reduction of child labour and for all countries which had ratified the Convention to provide cooperation and assistance to Mexico.

The Employer members noted that the discussion highlighted once again the need for the social partners to work together internationally and nationally in eradicating all the worst forms of child labour. The good work being done by the Government in cooperation with the ILO should be recognized, in particular with regard to the transparency, urgency and commitment with which the Government was tackling this problem. At the same time, one needed to recognize - and the Government had acknowledged this - that much work still needed to be done. The Employer members associated themselves with the suggestion made by the Government member of Colom- bia to highlight the programmes under way in Mexico as a case of good practice. It would be helpful if the Mexican experience could be documented so as to use it as an example for other countries. In conclusion, it was clear that the Government understood the extent of the challenge and was taking steps to address it.

Conclusions

The Committee took note of the oral information provided by the Government representative and the discussion that followed. The Committee noted that the report of the Committee of Experts referred to comments from the International Trade Union Confederation relating to the sale and trafficking of children within the country and abroad for prostitution, the engagement of children in commercial sexual exploitation, the lack of access to education for a large number of children, particularly children of rural, indigenous and migrant workers, and the engagement of children in hazardous work in the agricultural sector, in marginal urban activities and on the streets.

The Committee noted the detailed information provided by the Government outlining laws and policies put in place to prohibit and combat the commercial sexual exploitation of children and the trafficking of minors for this purpose, as well as the action programmes that were being undertaken with the full participation of the social partners and in collaboration with ILO-IPEC to remove children from such situations. The Committee also noted that the Government had expressed its commitment and willingness to continue its efforts to eradicate such situations with the technical assistance and cooperation of the ILO.

The Committee noted that, although various legal provisions prohibited the commercial sexual exploitation of children and the trafficking of children for this purpose, it remained an issue of concern in practice. The Committee accordingly called on the Government to redouble its efforts and take, without delay, the necessary measures to eliminate the commercial sexual exploitation of children under 18 as well as the trafficking of children for this purpose. In this regard, the Committee urged the Government to take the necessary measures to ensure that regular unannounced visits were carried out by the labour inspectorate and that the perpetrators were prosecuted and that sufficiently effective and dissuasive penalties were imposed. The Committee requested the Government to provide detailed information in its report when it was next due to the Committee of Experts on measures taken to implement the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. The Committee also requested the Government to supply detailed information on effective and time-bound measures taken to provide for the rehabilitation and social integration of former child victims of trafficking and commercial sexual exploitation, in conformity with Article 7(2) of the Convention. These measures should include the repatriation, family reunification and support for former child victims.

With regard to education, the Committee noted the detailed information provided by the Government on measures taken to implement the "Opportunities" programme developed by the Ministry of Social Development to provide children and young persons living in poverty with full and free access to education and health services. While welcoming these measures, the Committee noted that low school enrolment and high drop-out rates continued to prevail for a large number of children. Underlining that education contributed to preventing the worst forms of child labour, the Committee strongly encouraged the Government to continue its efforts, in particular within the framework of the "Opportunities" programme, to provide free access to basic education for all children, particularly those living in rural areas as well as for children of indigenous and migrant workers.

The Committee further noted that a number of measures were being taken by the Government, particularly in the context of the PROCEDER and DIF programmes, as well the Programme of Prevention and Assistance to girls, boys and young persons living on the streets, to address the situation of children carrying out hazardous work in the agricultural sector and of street children. The Committee noted that, pursuant to the implementation of these programmes, many children in the agricultural sector and marginal urban activities had received educational or training grants. Furthermore, the number of street children had fallen in recent years. While welcoming these measures, the Committee noted that the number of children undertaking hazardous work in these sectors of activity remained high. The Committee stressed that the engagement of children in hazardous work in the agricultural sector, in marginal urban activities as well as on the streets constituted one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, the Government was required to take immediate measures to prohibit and eliminate the worst forms of child labour, as a matter of urgency. It therefore invited the Government to continue to take effective and time-bound measures to remove children undertaking hazardous work in the agricultural sector, marginal urban activities and on the streets, and to provide for their rehabilitation and social integration. It requested the Government to provide detailed information, in its next report when it was due, on the results achieved in this regard, and noted the Government's acceptance of ILO technical assistance.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes the Government’s indication, in its report, that section 47(VII) of the General Act on the rights of boys, girls and young persons was amended by Decree of 2022 to provide that the central, federal and municipal authorities shall: “take the necessary measures to prevent, address and punish cases in which children are incited or coerced to participate in the commission of crimes or in associations of criminal activities, in armed conflicts or in any other activity that prevents their comprehensive development”. It further notes, from the Government’s report to the United Nations Committee on the Rights of the Child (CRC) that measures were taken for the training of federal, state and municipal security forces, to better detect and prevent the recruitment of children and adolescents by organized crime groups, and ensure their protection in case of demobilization (CRC/MEX/6-7, 18 December 2020, paragraph 248).

The Committee takes note of the 2022 report of the Secretariat of Security and Civil Protection (SEGUR) on the crime rate at the national level and that, in 2022, there were 2,951 cases of corruption of minors. The Committee notes, from the Government’s report, that the Office of the Special Prosecutor dealing with violence against women and trafficking in persons (FEVIMTRA) in the period 2018–22 initiated five investigations relating to the offence of corruption of minors and the National Commission of Tribunals (CONATRIB) undertook 275 investigations for the offence of corruption of minors and 112 convictions were handed down. According to the data provided by the Government, between 2015 and June 2022, 12,247 victims of corruption of minors aged 0 to 17 years were detected (8,472 girls and 3,775 boys). The Committee requests the Government to continue providing information on the number of violations reported, including the penalties imposed under section 47(VII) of the General Act on the rights of boys, girls and young persons. It also requests 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.

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. The Committee notes that Decree of 26 January 2018 introduces a new subparagraph XXII to section 57 of the 2014 General Act on the rights of boys, girls and young persons which provides that federal authorities shall “establish mechanisms for educational authorities, schools and individuals with authorization, to notify the corresponding Protection Attorney about cases of irregular attendance or school drop-outs that are identified with respect to students enrolled in basic education”. With regard to the measures taken to reduce the drop-out rates of children at the secondary level, the Government indicates that, since 2019, the Benito Juárez Wellbeing National Scholarship Programme, contributes to the protection of the right to education, seeking to reduce the level of school dropouts, through scholarship grants of 840 Mexican pesos per month for students enrolled in the basic and secondary levels who are living in poverty or in a situation of vulnerability. Between 2019 and June 2022, 15.8 million students in secondary education benefitted from the programme.

The Committee welcomes the Government’s information on the programmes aimed at indigenous children to guarantee and increase their school attendance rates, including: (1) the Programme for the Diversity of Indigenous Education (PADEI), established in 2020, which aims to strengthen education services for girls, boys, and young people in a situation of vulnerability, and contribute to better opportunities and access tools to a comprehensive, equitable and inclusive education. During 2020 and 2021, the programme benefitted to 334,160 indigenous students, 10,950 teachers and 6,804 schools; (2) during the 2018–19 school year, the General Coordinator of Intercultural and Bilingual Education, together with the UNICEF, developed the Attention Project for the Indigenous Population in cities implemented in City schools from Mexico and Pachuca, with the objective that indigenous children from urban schools receive education with an intercultural approach, which contributes to their school attendance and completion rates. This programme benefitted 388 children who completed their the 2018–19 school year, and of this total, 90 per cent enrolled into the next grade in the same elementary school; (3) the Sectoral Programme on Education (PSE) 2020–24, which contains a number of strategies and actions to ensure a quality education for indigenous children; and (4) the National Commission on Free Books (CONALITEG) gave out free books for pre-primary and primary education in 20 different languages of indigenous communities.

The Committee notes with interest the Government’s indication that, as a result of the measures taken, between 2018 and 2021, more than 1.3 million indigenous children were enrolled in school each year, with a significant decrease in drop-out rates for basic education (from 1.1 per cent in 2019 to -0.5 per cent in 2021). The Committee requests the Government to pursue its efforts to improve the functioning of the education system and to provide detailed information on the results achieved within the framework of its various programmes, in particular with regard to indigenous children, and with emphasis on the increase in the school attendance rate in lower secondary education.

Clause (d). Children at special risk. Children in street situations. The Committee notes that, in 2021, the Commission for the Substantive Equality of Children and Adolescents of the Executive Secretariat of the National Protection System Children and Adolescents (SIPINNA) adopted the Strategy for the care and protection of children and adolescents living and working on the streets 2022–24, with the aim of disseminating, raising awareness, attending to and comprehensively protecting these children. The Government indicates that the Strategy will be executed by authorities at all levels of Government, around four specific actions relating to: (1) the right to identity; (2) access to food and health services; (3) access and permanence in the education system; and (4) a life free from violence. The Committee further notes the Government’s indication that, through the National System for the Comprehensive Development of the Family (SNDIF), care was provided to 2,312 girls, boys and adolescents living and working on the streets, and that 1,074 of these children were reintegrated into their family and social environment, while the others remained under the guardianship of public and private Social Assistance Centres. The Committee further notes from the Government’s report to the CRC that: (1) in the framework of the 2022–2024 Strategy, the SNDIF financed 91 prevention and assistance projects which benefitted 13,138 children in street situations or in vulnerable situations; and (2) investigations and diagnostics undertaken on the situation of street children have been used to elaborate public policies and programmes such as the Programme on Integral Development for children and adolescent workers in street situations or in vulnerable situations in Guanajuato (CRC/MEX/6-7, paragraphs 226 and 228). The Committee welcomes the Government’s efforts and requests it to continue taking measures to remove children from the streets and to ensure their rehabilitation and social integration. It also requests the Government to continue providing information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Application of the Convention in practice. The Committee notes, from the 2019 ENTI Survey, that out of the 3.3 million children aged 5 to 17 years involved in child labour, 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 notes that the information provided is disaggregated and geo-referenced by municipality. The Committee requests the Government to continue providing 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 the violations reported, investigations, prosecutions, convictions and criminal penalties imposed. To the extent possible, all information provided should be disaggregated by gender and age.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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 once again requested the Government to provide detailed information on the number of violations reported and penalties imposed under section 201 of the Federal Penal Code.

The Committee notes that, according to the Government’s report, consultations were held with the competent authorities with a view to obtaining information on crimes relating to the corruption of minors under the Federal Penal Code, but it provided no details on these consultations. The Committee therefore urges the Government to provide detailed information on the number of violations reported and the 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 requested the Government to pursue its efforts to improve the functioning of the education system, with particular reference to boys, children from rural areas and indigenous communities, and the children of migrant workers, placing emphasis on raising the school attendance rate for secondary education. It also requested the Government to continue providing information on the results achieved in this regard, in the context of its various education and social inclusion programmes.

The Committee notes, from the Government’s report, the statistics of the National System of Educational Supervision for the Migrant Population (SINACEM), in the context of the Programme for Inclusive and Equitable Education. SINACEM reported that a total of 38,451 schoolchildren in 2015, 39,455 in 2016 and 47,773 in 2017 were benefiting from the programme. The Committee also notes the creation of mobile classrooms for the pre-school, primary and secondary levels for migrant children and young persons. These classrooms are located in shelters, camps, farms and, where appropriate, in the vicinity of these locations, in order to support education for the migrant population. The Committee also notes the Government’s collaboration with other governmental and non-governmental bodies, universities and the United Nations Children’s Fund in relation to educational activities for the indigenous and migrant population.

The Committee also takes due note of the statistics of the Social Inclusion Programme (PROSPERA) on the provision of education grants for primary and secondary education, as well as assistance for school supplies, with a view to reducing the prevalence of child labour in the country. According to the PROSPERA statistics, a total of 6,133,087 school children benefited from education grants in 2016, and the figures were 6,144,165 in 2017 and 6,145,951 in 2018.

The Committee notes that the Ministry of Labour and Social Affairs (STPS), as the executive agency for the item “Contributing to the eradication of child labour” launched the “Mexico without child labour label” in 2017. This strategy includes the governments of federated states and municipalities, as well as private sector organizations, unions and civil society in the design and implementation of action that contributes to the prevention and eradication of child labour and the protection of young persons in authorized forms of work.

The Committee also notes the review of the “Roadmap for the implementation of the educational model” of the Ministry of Public Education, which calls for a reorganization of the education system to improve inclusion and equity, without distinction on grounds of origin, sex or socio-economic status, while recognizing the specific characteristics of the social and cultural background of school children. It also includes compensatory measures for children in a situation of vulnerability. However, the Committee emphasizes the lack of detailed information disaggregated by gender on indigenous communities and the increase in the school attendance rate in secondary education. The Committee therefore requests the Government to pursue its efforts to improve the operation of the education system and to provide detailed information on the results achieved within the framework of its various programmes, in particular with regard to boys and children of indigenous communities, and with emphasis on the increase in the school attendance rate in secondary education.

Clause (d). Children at special risk. 1. Child domestic labour. In its previous comments, considering the high incidence of child domestic labour in the country, the Committee requested the Government to take immediate and effective measures to protect children, especially girls engaged in domestic work, from the worst forms of child labour and to ensure their rehabilitation and social integration. It requested the Government to provide information on the measures taken and the results achieved in this regard.

The Committee notes with interest the statistics provided by the Government in its report, according to which in 2017 the involvement of girls, boys and young persons between the ages of 5 and 17 years in the worst forms of child labour performing domestic work fell by 23.57 per cent in relation to 2015. It also notes the Government’s objective to reduce domestic child labour by 2025 from 5.7 to 4.7 per cent. It further notes that, according to the results of the national survey on employment and occupation, 3.2 million children between the ages of 5 and 17 years were engaged in work in 2018, of whom 7.1 per cent were engaged in the worst forms of child labour, while the rate of work in domestic tasks at home without pay and under inappropriate conditions was 1 per cent. While noting the efforts made by the Government, the Committee requests it to continue taking effective measures to protect children from the worst forms of child labour, especially girls engaged in domestic work, and to ensure their rehabilitation and social integration. It also once again requests the Government to provide information on the measures taken and the results achieved in this respect.

2. Children engaged in agricultural work or informal urban activities. In its previous comments, the Committee urged the Government to take the necessary measures to protect children engaged in informal urban activities and in agriculture from hazardous work and requested it to provide information on the impact and results achieved in the context of its programmes.

The Committee takes due note of the statistics contained in the Government’s report on the Assistance Programme for Daily Agricultural Workers. The Programme contributes to the eradication of the worst forms of child labour through an overall strategy to prevent and discourage the integration of children into the world of work at an early age through the provision of grants and food support. Between July 2015 and May 2018, the programme of grants covered a total of 47,933 children of daily agricultural workers (24,836 boys and 23,097 girls). The programme also provided food aid for a total of 174,759 children under 14 years of age (86,070 boys and 88,689 girls). Moreover, it envisages the provision of support for basic services, through subsidies for the construction, refurbishment, expansion and infrastructure for temporary accommodation for daily agricultural workers and their families.

The Committee takes due note of the action taken by the STPS to require from enterprises applying for subsidies for the improvement of shelters to present the “Agricultural enterprise free from child labour label”. The STPS also offers these enterprises the possibility to obtain advice, an audit and follow-up for two years to meet the requirements for the label. The Committee requests the Government to continue taking the necessary measures to protect children engaged in informal activities, with emphasis on children in urban areas. It requests it to continue providing information on the impact and the results achieved, particularly within the framework of the above-mentioned programmes.

3. Street children. In its previous comments, the Committee encouraged the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration.

The Committee notes that the Government has not provided any further information on street children in its report. Recalling once again that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It once again requests the Government to continue providing information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Application of the Convention in practice and labour inspection. In its previous comments, the Committee requested the Government to continue providing 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 the violations reported, investigations, prosecutions, convictions and criminal penalties imposed.

The Committee notes that, according to the results of the Child Labour Module of the National Institute of Statistics and Geography, in 2017 a total of 2,312,414 girls, boys and young persons between the ages of 5 and 17 years were involved in child labour and that 89.4 per cent of these children were subject to the worst forms of child labour. However, there was a reduction of 6.6 per cent in the rate of child labour among children under 18 years of age at the national level (boys accounted for 69.8 per cent of this reduction and girls accounted for 30.1 per cent).

The Committee notes the 2017 version of the labour inspection protocol for safety and health and general working conditions and training in agricultural undertakings, published by the STPS, which emphasizes the need to take the necessary measures to prevent, deal with and punish cases in which girls, boys and young persons are victims of trafficking or any other type of exploitation, including indigenous children working in the agricultural sector. It also notes that during the 151,215 labour inspections carried out over the period under consideration, 33,589 remedial measures were ordered and a total of 751,756 children were detected by the labour inspection services.

The Committee also notes the National Programme for the Protection of Girls, Boys and Young Persons 2016–18, coordinated by 35 entities in the federal public administration. The information provided is disaggregated and geo referenced by municipality in relation to work performed by children between the ages of 12 and 17 years. The Committee also notes the establishment of the so-called “short cut” strategy introduced by federal departments, state governments and municipal administrations. This strategy allows priority to be given to children at risk, living in dumps and brickworks, and places emphasis on the issues of school drop-outs and pregnancy among girls, with a view to reducing the risk of girls working under hazardous conditions. Taking due note of the measures adopted by the Government, the Committee requests it to continue providing 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 the violations reported, investigations, prosecutions, convictions and criminal penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 7(1) of the Convention Sale and trafficking, and penalties. In its previous comments, the Committee urged 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 such acts, including State officials suspected of complicity. It also requested the Government to continue providing detailed information on the implementation by the federal states of the 2012 Act against trafficking, including the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases involving children and young victims.

With regard to the measures adopted by the Government in the context of the implementation of the General Act of 2012 against trafficking in persons, the Committee notes the information provided by the Government in its report that in 2016 a total of 24 specialized federated units were created for the prosecution of the crime of trafficking in persons, with 375 employees, including 215 women.

The Committee also notes the activities reports for 2016 of the Inter Ministerial Commission for the prevention, action to combat and penalization of trafficking in persons and the protection and assistance of victims of these crimes. Out of a total of 760 women victims recorded, 152 were girls under 18 years of age, who were victims of trafficking for child prostitution and other forms of sexual exploitation, 15 victims of labour exploitation, three victims of trafficking for forced labour and, finally, three victims of trafficking for illicit activities. Out of a total of 129 male victims recorded, 20 were boys under 18 years of age, victims of trafficking for child prostitution or other forms of sexual exploitation, 17 victims of labour exploitation, three victims of trafficking for forced labour and one victim of trafficking for illicit activities. Of the 107 crimes of trafficking brought to the courts, there were 27 acquittals and 77 convictions.

The Committee also notes the follow-up action taken on a case under investigation for the crime of labour exploitation by a State employee, and three preliminary investigations and a current inquiry concerning State employees for the crime of child pornography, without indicating the number of victims under the age of 18 years. Reiterating its concern at the low number of convictions obtained in cases of trafficking of children under 18 years of age for commercial sexual exploitation and at the allegations of complicity in such activities of State employees, the Committee once again requests the Government to intensify its efforts in this respect. It requests the Government to continue providing detailed information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases involving children and young victims, disaggregated by gender and age.

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 requested the Government to take the necessary measures to combat children prostitution and pornography, particularly by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied against the perpetrators. It also requested the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed for crimes relating to child prostitution and pornography.

The Committee notes the Government’s indication that the publication of the report following upon the concluding observations of the United Nations Committee on the Rights of the Child of 2015 (CRC/C/MEX/CO/4-5) is planned for October 2020. The Committee notes the establishment since 2015 of a working group composed of around 30 public institutions with the responsibility of following up the recommendations of the United Nations Committee on the Rights of the Child. It also notes the creation of a commission following the adoption of the 2014 General Act on the rights of girls, boys and young persons intended to coordinate and articulate compliance with the recommendations of the Committee on the Rights of the Child, as well as Mexico’s international commitments in terms of complying with, guaranteeing and protecting the rights of girls, boys and young persons.

The Committee notes the Government’s indications concerning the national Chinaulta operation which is targeted at groups of individuals who use children under 18 years of age for the production of child pornography through the WhatsApp social network.

The Committee also notes the information provided by the Office of the Special Prosecutor dealing with violence against women and trafficking in persons (FEVIMTRA), which reports 87 investigations carried out between 1 July 2015 and 31 May 2018 into cases of trafficking of children for use in pornography and ten investigations into trafficking of children for other forms of sexual exploitation. Finally, there were 18 convictions for the crime of trafficking children for use in pornography. In relation to these cases and investigations, a total of 159 child victims of trafficking for use in pornography and a total of 22 child victims of trafficking for other forms of sexual exploitation have been recorded by FEVIMTRA. 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 once again requests the Government to provide information on the types of 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. In its previous comments, the Committee encouraged the Government to intensify its efforts to ensure that in practice no children under 18 years of age are engaged in work likely to harm their health, safety or morals, in accordance with sections 175 and 176 of the Decree of 2015 reforming the Federal Labour Law on child labour. The Committee requested the Government to provide information on the number of violations detected and penalties imposed in this respect.

The Committee notes, according to the child labour module of the survey carried out by the National Institute of Statistics and Geography, the fall from 26.6 per cent to 18.2 per cent in the engagement of children and young persons under 18 years of age in hazardous work between 2007 and 2017. While welcoming the decline in the percentage of children engaged in hazardous work in Mexico, the Committee once again requests the Government to continue to take measures to ensure that no children under 18 years of age are engaged in work likely to harm their health, safety or morals. It requests the Government to provide detailed information disaggregated by gender and age category on the number of violations detected and the penalties imposed in this respect.

Article 6. Programmes of action. Trafficking. In its previous comments, the Committee requested 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 for the elimination of the sale and trafficking of children.

The Committee notes the Government’s information on the actions taken by FEVIMTRA in accordance with the four objectives 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. With regard to prevention, FEVIMTRA has coordinated awareness-raising activities for the population and action to strengthen the capacities of the personnel responsible for dealing with the victims of trafficking in persons. It has also distributed awareness-raising materials on the crime of trafficking in persons.

The Committee takes due note of the annual collaboration mechanisms between federal bodies for joint investigations and operations to prosecute crimes of trafficking in persons. It also notes that the Inter-Ministerial Commission for the prevention, action to combat and punishment of trafficking in persons and the protection and assistance to the victims provides for quarterly, half-yearly and annual reports on trafficking in persons. The Committee requests the Government to continue providing 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. In its previous comments, the Committee encouraged the Government to continue taking measures to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It also requested the Government to continue providing information on the measures taken in this respect and the results achieved in terms of the number of children removed from these worst forms of child labour and then rehabilitated and integrated into society.

The Committee notes, from the Government’s report, the various types of action undertaken by FEVIMTRA for the protection and reintegration of victims of trafficking and of sexual exploitation. The Rapid Care Unit deals with women, girls and boys who are victims of trafficking and provides psychosocial support, including for police interviews with victims and hearings. The Unit provides legal support in the form of advice and follow-up, support with a view to resolving the migration situation or assisted return and, where necessary, for the granting of visas for humanitarian reasons. The Committee also notes FEVIMTRA’s socio economic reintegration action through a specialized shelter, which facilitates the reintegration into society of victims of trafficking and commercial sexual exploitation.

The Committee also notes the various types of collaboration between FEVIMTRA, the Mexican Commission for Assistance to Refugees (COMAR) and the Executive Commission for Care for Victims, and the creation of the Federal Office for the Protection of Girls, Boys and Young Persons, which began operating in 32 federated states of Mexico in October 2015. The Committee once again requests the Government to provide information on the number of children removed from these worst forms of child labour and then rehabilitated and socially integrated. It encourages the Government to continue taking measures to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration.

Article 8. International cooperation. In its previous comments, the Committee requested the Government to provide information on the measures taken and the results achieved within the framework of the memoranda of understanding signed with El Salvador, Guatemala, Honduras and Nicaragua.

The Committee notes the Government’s indication in its report that Mexico has an agreement for the exchange of information and experience with a view to combating organized cross-border crime, drug trafficking and other related crimes between the Office of the Prosecutor-General of the Republic of Mexico and the Office of the Prosecutor-General of El Salvador, and that no activities have been reported in relation to trafficking in persons.

The Committee notes the programme of the child protection agents of the National Migration Institute (INM), the objective of which is to ensure respect for the rights of migrant girls, boys and young persons, especially those who are not accompanied. There are 331 child protection centres in the 32 federal departments of the INM, whose capacity is regularly reinforced by national bodies, such as the National System for Comprehensive Family Development, the COMAR, the National Institute for Women, the National Human Rights Commission and the National Council for the Prevention of Discrimination, and from international organizations, such as the United Nations Children’s Fund, the International Organization for Migration and the United Nations High Commissioner for Refugees. Between 2015 and May 2018, according to the Government’s report, the INM assisted 3,500 migrants, including 169 victims of the crime of trafficking in persons, of whom three victims were children under 18 years of age. The Committee notes that in May 2018 a total of 12,249 migrant girls and boys under 18 years of age were identified by the INM, including 4,416 unaccompanied children.

The Committee also notes that, according to the Government’s report, FEVIMTRA has participated in several meetings of the working groups supported by the United States Department of Justice with a view to improving joint action to combat trafficking in persons between Mexico and the United States.

The Committee also notes the Government’s participation in the regional operation ROCA (“breaking chains”), currently in its third phase, the objective of which is to develop regional action to combat organized criminal activities relating to trafficking in persons and similar violations involving children and young persons, and to provide assistance to victims and offer them care and protection, while conducting investigations into organized criminal structures. During the period under consideration, a total of 91 interventions were carried out and 70 victims received assistance. The Committee notes that the Government participated in 2018 in the evaluation of Operation ROCA II in Costa Rica, on which the plans for ROCA III are based. The Committee also notes the participation of the Government of Mexico in the DRACART international operation, which is aimed at optimizing investigations into child pornography with a view to initiate criminal prosecutions in 23 countries throughout the world. The Committee encourages the Government to pursue international cooperation with neighbouring countries to combat trafficking of children. It also requests the Government to continue providing information on the measures taken in the context of its programmes and the results achieved. 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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 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 the Government’s indication according to which no cases of trafficking for the purpose of begging were registered with the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA) during the reporting period. The Committee once again requests the Government to provide detailed information on the number of violations reported and penalties imposed under section 201 of the Federal Penal Code.

Article 6. Programmes of action. National programme for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work (PRONAPETI). The Committee notes with interest the information from the Government that, in February 2015, the PRONAPETI was approved by the intersectoral committee for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work (CITI), chaired by the Secretary of Labour and Social Protection. This programme is intended to direct the activities of the various public federal administration bodies for the protection of children and young persons, and to establish objectives, strategies and intervention targets to combat the causes of child labour and its negative consequences. It is part of objective 4.3 (a prosperous country) and strategy 4.3.2. (the promotion of decent work) of the national development plan 2013–18, the intervention target of which is to work towards the eradication of child labour. In addition, the Government indicates that 31 state committees for the prevention and eradication of child labour and for the protection of young persons who have reached the statutory age for admission to work have been set up in all federative entities.

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 results achieved under the Oportunidades programme that provides education grants to children in very poor households. The Committee also noted that the Secretary for Education had developed the basic education programme for children of agricultural day labourers (PRONIM), which operated in 29 federal states. It asked the Government to report on the results of these measures and to pursue its efforts to improve the educational system.

The Committee notes the information provided by the Government according to which the PROSPERA programme, implemented in September 2014, constitutes a new phase of the Oportunidades programme, to strengthen interventions relating to education, health and food. The Government indicates that the Oportunidades programme led to a reduction in work among boys between 12 and 15 years of 8 per cent and among girls of 3 per cent. In 2014, as part of the PROSPERA programme, over 6 million children and young persons benefited from primary and secondary education grants. The Committee notes the adoption of the sectoral education programme (PROSEDU) 2013–18, objective No. 3 of which is to ensure inclusive and equitable education for all population groups. The Committee notes the Government’s indication that the PRONIM programme has been incorporated into and replaced by the programme for inclusive and equitable education (PIEE), which targets vulnerable population groups. Under this programme, in 2014 the Secretary for Education reached 47,176 boys from migrant families of agricultural day labourers, thereby giving them the opportunity to receive a basic primary education. For 2015, this number stood at over 8,000 as at June of the same year. The Committee also notes the detailed information on the activities carried out to improve access to and quality of education for indigenous and migrant children.

While noting this information, the Committee observes that, according to estimated figures from UNESCO, the net enrolment rate for primary school was 96.1 per cent in 2013, and 67.9 per cent for secondary school in 2012. The Committee also notes the results of the “Child Labour” module, published within the framework of the 2013 national survey of employment and occupation, which show that in 2013 the number of children between 5 and 17 years not attending school rose to 2,119,363. Furthermore, of the 2.5 million children engaged in work, 36 per cent do not go to school, which represents a total of 913,798 children: 648,725 boys and 265,073 girls. The Committee requests the Government to pursue its efforts to improve the functioning of the educational system, giving particular attention to boys, children from rural areas, indigenous communities and of migrant workers, and placing emphasis on raising the school attendance rate for secondary education. It requests the Government to continue to provide information on the results achieved in this regard, in particular in the context of the PROSPERA, PROSEDU and PIEE programmes.

Clause (d). Children at special risk. 1. Child domestic labour. In its previous comments, the Committee noted that, according to the results of the 2011 national survey of employment and occupation mentioned above, more than 20 million children and young persons between 5 and 17 years of age were engaged in domestic labour. The Committee also noted that, within the framework of the policy to prevent child labour and to protect young persons who have reached the statutory age for admission to work, the Secretary of Labour and Social Welfare had carried out a number of activities aimed at preventing child labour. The Committee asked the Government to take immediate and effective measures to prevent and protect children engaged in domestic labour.

The Committee notes the lack of information on the specific measures taken to prevent and protect children engaged in domestic labour. It also notes that, according to the results on the 2013 national survey of employment and occupation, 20,088,645 children and young persons between 5 and 17 years of age are engaged in domestic labour. Of these, 1,599,066 children do not go to school, 939,641 of whom are girls. Considering the high incidence of child domestic labour in the country, the Committee urges the Government to take immediate and effective measures 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 on the measures taken and the results achieved in this regard.

2. Children engaged in agricultural work or marginal urban activities. In its previous comments the Committee noted the results of the programme to prevent and eliminate child labour in the marginal urban sector (PROCEDER) and the Government’s activities in the context of the Convention for the Execution of the Programme of Direct Action (PAD). The Committee noted that, according to the results of the 2011 national survey of employment and occupation mentioned above, the percentage of children between 5 and 17 years engaged in agricultural activities was 29.5 per cent in 2011. It encouraged the Government to pursue its efforts to protect children engaged in agriculture and the informal sector, and to provide information on the results achieved in the context of these programmes.

The Committee notes the lack of information in the Government’s report on measures taken to prevent and protect children engaged in informal activities and agriculture and on the results achieved in the context of the PROCEDER and PAD programmes. It also notes that, according to the results of the 2013 national survey of employment and occupation, 773,300 children and young persons between 5 and 17 years of age are engaged in the agricultural sector, 677,394 of whom are boys and 95,906 are girls. The Committee urges the Government to take the necessary measures to protect children engaged in informal urban activities and agriculture from hazardous work and requests it to provide information on the impact and results achieved in the context of the PROCEDER and PAD programmes.

3. Street children. Further to its previous comments, the Committee notes the statistics provided by the Government on the number of children removed from the street and rehabilitated between 2012 and 2014. The Government indicates that in 2014, 869 girls and 1,198 boys were removed from the street and reintegrated into their families. While noting this information, the Committee observes that, according to its 2015 concluding observations (CRC/C/MEX/CO/4 5, paragraph 65), the Committee on the Rights of the Child was concerned that the Government’s efforts have not been sufficient to prevent and address the phenomenon of street children and that, although a strategy has been developed, it is only implemented in some states. The Committee was also concerned about reports that these children continue to suffer from violence and abuse and to be viewed as criminals, and that many girls are victims of sexual exploitation. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee encourages the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration in all states. It also requests the Government to provide information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Application of the Convention in practice and labour inspection. In its previous comments the Committee noted that, according to the results of the 2011 national survey of employment and occupation, 3 million children between 5 and 17 years of age worked. The Committee notes that, according to the results of the 2013 national survey of employment and occupation, the proportion of children between 5 and 17 years of age engaged in economic activities is 8.6 per cent (11.4 per cent of whom are boys and 5.8 per cent girls), amounting to 2,536,693 children. Over 50 per cent of these child and young workers are concentrated in eight federative entities, including Colima, Guerrero, Puebla and Guanajuato. More than a million child workers do not receive a salary. The Committee notes the study entitled “Child labour in Mexico: progress and challenges” carried out in 2014 by the Secretary of Labour and Social Protection, which demonstrates that Mexico was making headway in its fight against child labour and specifies that, between 2011 and 2013, the number of child and young workers had fallen by 540,376. The Government also indicates that it has awarded the “Mexico free from child labour” (MEXTI) prize to 98 institutions and organizations from the public, private and social sectors and trade unions which contribute to the prevention and eradication of child labour through their programmes or actions. This prize helps to strengthen the culture of social responsibility and develop good practices.

The Committee also notes the Government’s indication according to which a labour inspection protocol concerning the eradication of child labour and the protection of young persons who have reached the statutory age for admission to work has been designed with ILO–IPEC support with a view to establishing a regulatory framework. Lastly, the Committee takes note of the capacity-building activities organized by the General Directorate of labour inspection in cooperation with other bodies, including the ILO, which has led to the training of some 800 inspectors in the prevention and eradication of child labour and the protection of young persons who have reached the statutory age for admission to work, in 2013 and 2014. While duly noting the measures taken by the Government, the Committee requests it 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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 use of children for begging and 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 Government’s indications in its report that the Office of the Attorney General has not reported any violations under section 201 of the Federal Penal Code between June 2011 and July 2012. The Committee notes that section 24 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 of 14 June 2012 prohibits the use of a minor under 18 years of age for begging and provides for aggravated sanctions for perpetrators of between nine and 15 years’ imprisonment and between 1,000 and 25,000 daily wages. The Committee requests 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 and section 24 of the 2012 General Law to Prevent, Punish and Eradicate Crimes relating to Trafficking in Persons and to Protect and Assist the Victims of these Crimes.

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 results achieved under the “Opportunidades” programme that provides education grants to children in very poor households, as well as the activities of the ILO–IPEC project “Stop child labour in agriculture” in this regard.

The Committee notes the information provided in the Government’s report that the “Opportunidades” programme maintained its coverage of 5.8 million families in 2011 including almost 1.5 million families in indigenous communities. It notes that the education grant under the programme is provided to children between 14 and 21 years of age, increases with each grade, is higher for girls compared to boys and includes financial assistance for the acquisition of school supplies. The Committee also notes that the Secretary for Education developed the Basic Education Programme for Children of Agricultural Day Labourers (PRONIM), which operates in 29 federal states. In the 2009–10 school year, PRONIM provided educational assistance to 60,477 children and in the 2010–11 school year to 73,458 children. The objective of PRONIM is to ensure a coverage of 100,000 children by the end of 2012. The Committee also notes the initiatives undertaken in the context of the national system of educational supervision of migrants to reach out to the migrant families and ensure basic education of their children.

According to UNICEF 2010 statistics, the net school attendance rate for primary education stands at 97 per cent for girls and boys. Nevertheless, the Committee observes, that even though the primary–secondary transition rate remained stable at 94 per cent in 2010 (compared to 2008), the net enrolment rate in secondary education did not improve and was only 72 per cent for boys and 74 per cent for girls. The Committee also notes in this regard the results of the “Child labour” module published as part of the 2011 national survey of employment and occupation which found that in 2011, of the 3 million children in employment, 39.1 per cent did not attend school, a percentage corresponding to a total of 1.2 million children of which 72.3 per cent are boys and 27.7 per cent are girls.

The Committee encourages the Government to pursue its efforts to improve the functioning of the educational system, giving particular attention to boys, children from rural areas, indigenous communities and of migrant workers, and placing emphasis on raising the school attendance rate for secondary education. It requests the Government to continue to provide information on the results achieved in this regard, in particular in the context of the “Opportunidades” and PRONIM programmes.

Clause (d). Children at special risk. 1. Child domestic labour. Further to its previous comments, the Committee notes that, according to the results of the 2011 national survey of employment and occupation mentioned above, more than 20 million children and young persons between 5 and 17 years of age are engaged in domestic labour (compared to 19 million children in 2009). Of these, 9.5 per cent, which represent 1.9 million children (compared to 2 million in 2009) do not go to school, 59.2 per cent of which are girls. The Committee notes that within the framework of the policy to prevent child labour and to protect young persons in ages permissible to work the Secretary of Labour and Social Welfare has carried out a number of activities. These have included: the organization of six workshops between June to December 2011 attended by 273 participants including 112 strategic actors such as trade unions, employers’ organizations, companies, government bodies and civil society groups; the signature of 31 letters of commitment on the intersectoral level to eradicate child labour and protect young workers; and the realization of six seminars from May to November 2011 on strategic planning and follow-up to the commitment to eradicate child labour and protect young workers. While these activities contribute to protecting children in domestic labour from the worst forms of child labour, the Committee notes that the Government’s report provides no information on specific efforts undertaken and the results achieved to prevent and protect children engaged in domestic labour. Considering the high incidence of child domestic labour in the country, the Committee urges the Government to take immediate and effective measures 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. The Committee encourages the Government to ratify the Domestic Workers Convention, 2011 (No. 189), which has key provisions for child protection.

2. Children engaged in agricultural work or marginal urban activities. In its previous comments the Committee noted the results of the programme to prevent and eliminate child labour in the marginal urban sector (PROCEDER) and the activities of the ILO–IPEC project entitled “Stop child labour in agriculture” which provide for direct action to prevent child labour in agriculture and withdraw children already working in the sector. The Committee notes that, according to the results of the 2011 national survey of employment and occupation mentioned above, the percentage of children between 5 and 17 years engaged in agricultural activities decreased slightly from 30.3 per cent in 2009 to 29.5 per cent in 2011.

The Committee notes the Government’s indications that no updated information is available on the results achieved in the context of the PROCEDER programme. It further notes that the Government is developing a diagnostic study in collaboration with the different government bodies concerned to comprehensively understand the phenomenon of child labour in agriculture. The Committee also notes the activities implemented by the Government in the context of the Convention for the Execution of the Programme of Direct Action (PAD) since August 2011, which have included capacity building activities of 32 government institutions, assistance to 2,860 children and young persons, various awareness-raising activities and information sessions in the sugar cane and coffee industry. It also notes from the Government’s report, as well as from the technical progress report on the ILO–IPEC project entitled “Stop child labour in agriculture” in Mexico of October 2012, that as a result of work that begun in 2010, the national sugar industry made great strides in its commitment to prevent and eliminate child labour in its value chain. Besides internationally presenting proposals to eliminate child labour in the countryside, national leaders and the Government of the State of Veracruz in August 2012 signed an agreement to develop actions leading to the prevention and elimination of child labour in the agricultural industry in this state.

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 impact and results achieved in the context of the PROCEDER and PAD programmes, as well as in the sugar industry.

3. Street children. The Committee previously noted the high number of street children and the results of the PROCEDER programme under which 1,161 girls and 2,527 boys living in the streets received assistance between 2008 and 2010. Of these, 595 girls and 1,579 boys were reintegrated into their families. The Committee notes the Government’s indications that the National System for the Integral Development of the Family (SNDIF) through various programmes targets street children and carries out preventive action, provides educational activities, as well as health, capacity building, legal and psychological assistance. The Committee notes the results of its programmes, which in 2011 withdrew 199 girls and 415 boys from the streets and reintegrated them into their families. Between January and April 2012, 77 girls and 82 boys were withdrawn and reintegrated. The Government’s report provides no information on recent results of the PROCEDER programme regarding street children. Recalling again that street children are particularly vulnerable to the worst forms of child labour, the Committee 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.

Part V of the report form. Application of the Convention in practice. In its previous comments the Committee expressed its concern at the large number of children under 18 years of age who are engaged in the worst forms of child labour and called on the Government to strengthen its efforts to protect these children.

The Committee notes the information provided by the Government that currently the federal inspectorate consists of 376 inspectors. Yet, the Committee notes with interest that another 400 inspectors are in the process of being recruited, which will ensure a total of 776 labour inspectors for monitoring child labour. The Committee observes however that the Government’s report does not contain information on the number of inspections conducted, neither on the number of investigations, reported violations and penalties imposed. It also notes that the National Institute of Migration has carried out 95 regional verification visits since February 2012 to detect possible victims of trafficking.

The Committee furthermore notes that according to the results of the 2011 national survey of employment and occupation mentioned above, the percentage of children between 5 and 17 years of age who were engaged in economic activities fell from 3.2 million in 2009 to 3 million in 2011. However the employment rate remained almost unchanged (10.8 per cent in 2009 and 10.5 per cent in 2011). In the period 2009-2011, the participation of unschooled children in economic activities increased slightly, from 44.8 per cent to 46 per cent.

Considering the large number of children under 18 years of age who are engaged in the worst forms of child labour, the Committee urges the Government to further intensify its efforts to protect 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.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted that the National Centre for Planning, Analysis and Information to Combat Crime (CENAPI) attached to the Office of the Attorney General of the Republic had developed the National System to Combat Trafficking in Persons (SINTRA) with a view to collecting information on human trafficking and other related offences. The Committee also 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. Yet, the Committee expressed concern at the small number of convictions secured for trafficking of children under 18 years of age for their commercial sexual exploitation in view of the extent of the practice in the country and at the allegations of complicity in trafficking on the part of public officials.

The Committee notes with interest the adoption 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 on 14 June 2012, which abrogates the Act of 27 November 2007 concerning the prevention and punishment of trafficking in persons. It notes that the Law criminalizes not only trafficking in children for sexual and labour exploitation, but also the use of children for the production of pornography, begging and in illicit activities. The Committee furthermore notes that section 42(VII) provides that sanctions are increased up to 50 per cent in case the victim is under 18 years of age. The Law also establishes a comprehensive legal and institutional framework to fight against these crimes, which determines the powers, duties and coordination of the various actors involved in the prevention and punishment of such offences and the protection of victims, with specialized care and assistance to victims under 18 years of age.

The Committee notes the statistical information provided by the Government in its report as regards the practical application of the Act concerning the prevention and punishment of trafficking in persons. Between June 2011 and July 2012, only three offences of trafficking of children under 18 years of age were reported in the department of Veracruz. Yet the Committee observes that the information provided by the Government does not specify the number of convictions, how many of these cases concerned the complicity of officials who are complicit in trafficking of minors and the types of sanctions applied.

The Committee expresses the firm hope that the implementation 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 on 14 June 2012 will enable the Government to fight more effectively against the sale and trafficking of children and young persons under 18 years. In the context of the implementation of the new Law, the Committee urges the Government to intensify its efforts to ensure the elimination in practice of this worst form of child labour by ensuring that thorough investigations and robust prosecutions are carried out, including of state officials suspected of complicity in such acts, and that sufficiently effective and dissuasive penalties are applied in practice. The Committee requests the Government to provide detailed information in its next report on the application of the new Law in practice by the federal states including the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed.

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 of 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. The Committee also noted the concluding observations of the Committee on the Rights of the Child 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, which expressed concern at the high level of child sex tourism, especially in tourist areas (CRC/C/OPSC/MEX/CO/1, paragraph 27).

The Committee notes from the statistics provided by the Government in its report that between June 2011 and July 2012, FEVIMTRA has initiated a total of 14 investigations into cases of pornography involving persons under 18 years of age, which are currently pending. The Committee also notes that, according to the federal database compiling information on the number and nature of offences relating to prostitution, sexual exploitation and sex tourism involving persons under 18 years of age, between June 2011 and July 2012 a total of 11 offences relating to the use of a child for pornography were reported in the states of Chiapas and Chihuahua. The Committee further notes that the Office of the Attorney General of the Republic reports that on 21 February 2012 a conviction was handed down for child pornography imposing a sanction of seven years’ imprisonment. The Committee requests the Government to continue 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 also noted that the Government in collaboration with ILO–IPEC has drawn up a list of hazardous and unhealthy types of work prohibited for children with a view to adoption as national legislation.

The Committee notes that on 14 November 2012, the Senate and the Congress approved the Decree to reform the Federal Labour Law entitled “Initiative to reform, add and repeal various provisions of the Federal Labour Law”, which includes a detailed list of hazardous child labour for children in sections 175 and 176. The Committee notes that the entry into force of the Decree is still pending and dependent on the signature by the President and the publication of the Decree in the Official Bulletin. While welcoming the list, the Committee notes with concern that only a small number of activities (6) listed in section 176(b) are prohibited for persons under 18 years of age, whereas section 176(a) allows the engagement of children in a series of hazardous activities (27) as of 16 years of age. Hence, with the exception of section 176(b), the general minimum age established for admission to hazardous and unhealthy kinds of work remains unchanged at 16 years. In this regard, the Committee previously noted that no provisions 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 the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee notes that the labour law reform process has not addressed this matter and no such provisions are part of the abovementioned Decree.

In this context, the Committee also points to the results of the “Child labour” module published as part of the 2011 national survey of employment and occupation which reports that in 2011 a total of 28 per cent of all working children and young persons between 5 and 17 years of age were exposed to risks in their work. This percentage is equivalent to 850,000 children, of whom, 79.3 per cent are boys and 20.7 per cent are girls. These risks include exposure to dust, fumes or fire, excessive noise, moisture or extreme temperatures, dangerous tools, heavy machinery, excessive darkness, chemicals, explosives, and electric shock. The Committee notes that many of these risks correspond to the activities listed in section 176(a) of the abovementioned Decree, which are permitted for children as from the age of 16 years.

The Committee, therefore, once again observes that the general minimum age established by the Federal Labour Law, even after approval of the labour law reform process, for admission to hazardous and unhealthy kinds of work is 16 years (section 175(a)), 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 notes with concern the large number of children between 16 and 18 years of age engaged in hazardous activities in practice. The Committee again 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 again 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 6. Programmes of action. Trafficking. Further to its previous comments, the Committee notes that the Government has adopted a range of measures in the context of the 2011 National Programme for the prevention and suppression of trafficking. In collaboration with the United Nations Office on Drugs and Crime (UNODC), the Government is carrying out a diagnostic study on the national situation of trafficking in persons. In addition, the Committee notes the development of a number of protocols to align procedures for the investigation and prosecution of cases of trafficking, as well as on attention to victims, the development of mechanisms to alert populations vulnerable to trafficking in persons (in particular indigenous peoples and young persons), various information and awareness raising activities, as well as capacity building efforts undertaken for public officials engaged in the prevention and investigation of cases of trafficking in persons. The Committee requests the Government to continue to provide information on the measures taken in the context of the National Programme for the prevention and suppression of trafficking, in particular as regards 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. In its previous comments, the Committee noted the detailed information on the measures carried out in the context of the National Plan of Action for preventing, combating and eliminating the sexual exploitation of children, in particular as regards awareness-raising activities and the care provided to victims of trafficking and commercial sexual exploitation in specialized centres.

The Committee notes that the Office of the Attorney General of the Republic, in collaboration with the Secretary of Tourism and other stakeholders, has developed a national code of conduct for the protection of children and young persons in the tourism sector, with a view to creating and strengthening the links with the judicial system as regards trafficking in persons and to share indicators and vulnerability factors to identify possible victims of trafficking. The Committee furthermore notes the Government’s indications that in September 2011, the Social Office for Care to Victims of Crime (PROVICTIMA) was created which provides the following types of services to victims of trafficking and sexual exploitation: medical assistance; specialized psychological care; legal advice; and social work services. PROVICTIMA also administers a highly secure centre to protect and provide integral care to victims of trafficking and extreme violence.

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 again requests the Government 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 forms of child labour and their subsequent rehabilitation and social integration.

Article 8. International cooperation. In its previous comments, the Committee noted that further to the conclusion of Memorandum of Understandings (MOUs) with several Central American countries, a large number of child protection officers had been trained with a view to the creation of a regional protection model and that a bi-national study on trafficking between El Salvador and Mexico was in progress. The Committee notes the Government’s indications that in the context of the MOUs 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 informs that the bi-national study on trafficking between El Salvador and Mexico is not yet available. 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, Honduras, El Salvador and Nicaragua. It also requests the Government to provide a copy of the bi-national study on trafficking between El Salvador and Mexico when it is available.

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

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

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (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.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children for commercial sexual exploitation. 1. Federal legislation. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) reporting the trafficking of young girls within the country and abroad for the purposes of sexual exploitation, including forced prostitution. It further noted that, according to a study carried out in six Mexican cities with the support of UNICEF, around 16,000 boys and girls were victims of commercial sexual exploitation. A study carried out 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 solely in the Federal District of Mexico. The Committee also noted the adoption of new legislation to penalize the trafficking of persons under 18 years of age for sexual and economic exploitation.

The Committee notes the Government’s information on the adoption of the Act of 27 November 2007 “to prevent and punish the trafficking of persons, amend, add and repeal different provisions of the Federal Act to Combat Organized Crimes, the Federal Penal Procedure Code, and the Federal Penal Code” (Act to prevent and punish the trafficking of persons) and its regulation of 27 February 2009. It notes that section 5 of the Act to prevent and punish the trafficking of persons punishes the trafficking of children under 18 years and section 6 increases the maximum penalty for this offence to 18 years’ imprisonment. The Committee further notes the Government’s information that the Attorney General’s Crimes against Women and Trafficking in Persons Unit (FEVIMTRA) was created on 31 January 2008. FEVIMTRA, inter alia, assists trafficking victims in order to get their collaboration in trials and obtain useful information for investigations.

The Committee notes that the 2009 Report on Trafficking in Persons in Mexico (Trafficking Report), available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) indicates that Mexico is a large source, transit, and destination country for persons trafficked for the purposes of commercial sexual exploitation and forced labour. The Trafficking Report points out that a significant number of Mexican children are trafficked within the country or into the United States for commercial sexual exploitation or forced labour. Moreover, foreign child victims (especially from Central and South America but also from the Caribbean, Eastern Europe, and Asia) are trafficked into Mexico for sexual or labour exploitation or transit Mexico en route to the United States, Canada and Western Europe. Child sex tourism continues to grow in Mexico, especially in tourist areas. The Trafficking Report points out that Mexico has failed to improve on its limited anti-trafficking law enforcement efforts against offenders in 2008. FEVIMTRA opened 24 investigations into suspected trafficking activity, including 11 cases of labour exploitation and 13 cases of commercial sexual exploitation. No convictions or sentences of trafficking offenders were reported by federal, state, or local authorities in 2008. Moreover, notwithstanding alleged corruption in trafficking crimes among public officials, no convictions or sentences against corrupt officials were handed down in 2008, although some immigration officials, officials from the Mexican Attorney General’s Office, and military officials were arrested for their alleged participation in trafficking crimes. The Committee further observes that the Special Rapporteur on the sale of children, child prostitution and child pornography, who visited the country from 4 to 14 May 2007, in his report of
28 January 2008 (A/HRC/7/8/Add.2) indicates 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 testimonies gathered overwhelmingly point to corruption and police negligence as one of the main causes of exploitation and trafficking. Inefficiency, poor training, corruption and the lack of adequate protocols and monitoring regulations, endemic in various police and municipal agencies responsible for ensuring that no minors are exploited in the “sex trade”, is conducive to the activities of speculators and opportunists who wish to offer their “clients” adolescents and children (A/HRC/7/8/Add.2, paragraphs 77 and 78).

The Committee, while observing that various provisions prohibit the commercial sexual exploitation of children and the trafficking of children for this purpose, expresses its serious concern at the information concerning the persistence of the problem of trafficking of children for commercial sexual exploitation and forced labour in Mexico as well as at allegations of complicity of law enforcement officials with human traffickers. It urges the Government to take, without delay, the necessary measures to eliminate the commercial sexual exploitation of children under 18 years, as well as the trafficking of children for this purpose. In this regard, the Committee urges the Government to strengthen the capacity of law enforcement agencies, in order to ensure that the perpetrators, including official state accomplices, are prosecuted and that sufficiently effective and dissuasive penalties are imposed. It also requests the Government to provide information on measures taken to implement the new legislation, including the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

2. State legislation. The Committee previously noted that, according to the information contained in the report of the ILO–IPEC project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico” (ILO–IPEC project against CSEC), draft amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua had been approved. It requested the Government to provide information on any progress in the adoption of the draft amendments to the Penal Codes.

The Committee notes with interest the Government’s information that the amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua have been adopted. It notes that, by virtue of these amendments, trafficking of children under 18 years, sex tourism involving children under 18 years and child pornography are established as punishable offences. The Committee further notes that, according to the Trafficking Report, 22 Mexican states and the Mexican federal district have enacted legislation to criminalize some forms of human trafficking at the local level. It also notes that, according to the Government’s first report under the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MEX/1, Annex 6), several Mexican states specifically punish the trafficking of children. The Committee notes that, according to the United Nations Office on Drugs and Crime (UNODC) 2009 Global Report on Trafficking in Persons, Chihuahua is the only state that, as of May 2008, reported investigations and prosecutions of human trafficking cases during 2007: 15 cases were reported from 2007 due to the entry into force of the law on human trafficking, which was enacted on 1 January 2007. Chihuahua is also in the process of establishing a specialized police unit comprised of 15 law enforcement officials to investigate cases of trafficking of persons. The Committee welcomes the measures taken by the state of Chihuahua to combat trafficking by implementing its legislation and hopes that this example will be followed by the other Mexican states. It requests the Government to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied for the violation of the legal prohibitions on the sale and trafficking of children at the state level.

Clause (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 had noted with interest that the Decree of 27 March 2007 contains provisions penalizing the following crimes: acting as an intermediary for the prostitution of persons under 18 years of age (sections 206 and 206bis); pornography involving persons under 18 years of age (sections 202 and 202bis); and sex tourism involving persons under 18 years of age (sections 203 and 203bis).

The Committee notes the information provided by the Government representative at the Conference Committee on the Application of Standards at the 97th Session of the International Labour Conference of June 2008, according to which in the framework of the Permanent Programme for the collection of confidential information on crimes, anonymous complaints can be filed which are directly forwarded to the Attorney General’s Office for analysis with a view to referring them for investigation to the competent services in the local or federal jurisdiction. Since the second half of 2007 and until May 2008, 54 cases related to the sexual exploitation, prostitution and pornography of minors were referred to the crime prevention service of the Attorney General’s Office. With regard to the crime of procuring in relation to the prostitution of minors under 18 years, there were three cases in which the preliminary investigation was completed and in which eight persons were being prosecuted, while two other cases were under investigation. With regard to pornography, there were four cases in which full investigations were completed, three that were being prosecuted and another five that were under investigation. The Committee further notes the Government representative’s information that one of the strategic projects of FEVIMTRA is to create a database of information on the number and nature of the crimes of prostitution, sexual exploitation and sex tourism involving persons under 18 years. The Committee finally notes the information contained in the Government’s report that the results of the investigations of the Internet Police Unit for 2007 regarding crimes against minors include, inter alia, the deactivation of 1,113 sites containing child pornography and the identification of 1,396 internet sites related with child pornography. The Committee encourages the Government to pursue its efforts to combat child prostitution and child pornography. It requests the Government to continue to provide statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Article 6. Programmes of action. Trafficking. The Committee notes that according to the Government representative at the Conference Committee on the Application of Standards, a draft National Programme to prevent, repress and punish trafficking in persons (National Programme against Trafficking) was prepared, pursuant to the Act to prevent and punish the trafficking of persons. The Committee requests the Government to provide information on the adoption of the National Programme against Trafficking and results achieved in terms of the elimination of the trafficking of children.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing children from being engaged in the worst forms of child labour. 
1. Commercial sexual exploitation. The Committee notes the extensive information contained in the Government’s report on the results achieved at the federal and state levels under the ILO–IPEC project against CSEC, particularly in terms of information and awareness raising to prevent and mitigate the commercial sexual exploitation of children and identify its causes. It notes that, according to the final technical report of this project of April 2007, in total 546 children were prevented from being engaged in commercial sexual exploitation through the provision of educational services or training opportunities, while 106 children were prevented from being engaged in this worst form of child labour through the provision of other non-education related services. It finally notes the extensive information on the activities carried out at the state level to raise awareness on commercial sexual exploitation. The Committee requests the Government to continue to take measures to prevent the engagement of children in commercial sexual exploitation and to provide information in this regard.

2. 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 as poverty makes it imperative for them to work. The ITUC added that, in the case of indigenous children, access to education was difficult as teaching was normally provided only in Spanish and many indigenous families only spoke their mother tongue. The Committee noted that in 2005 and 2006, over 5,290,000 children benefited from the “Opportunities” programme of Ministry of Social Development, which provides children and young persons living in poverty with full and free access to education and to health services. It noted that the Government projected to increase the number of grants provided at the secondary and higher levels to cover 1.24 million girls and 1.18 million boys for the school year 2006–07.

The Committee notes that, according to the Government representative at the Conference Committee, financial assistance was provided to 5 million families in extreme poverty in 2007 and a total of 5.3 million education grants were provided during the 2007/2008 school year for children in very poor households throughout the country within the framework of the “Opportunities” programme. As a result of this programme, at the national level the school completion rate of children who received education grants in the school year 2007–08 was of 68.98 per cent, which represents 1.79 per cent more than in 2006–07. It further notes the Government’s extensive information on the results of the “Opportunities” programme for the school year 2008/2009, especially regarding the progress in attending school. It also notes that the Government plans to extend the programme to 5,286,000 children for the school year 2009–10, which represents 256,000 children more than in 2008–09. The Committee notes the Government’s information that the Public Education Office, through the Indigenous Education General Unit (DGEI), is in charge of assisting more than 1,200,000 indigenous children. It notes that the DGEI is in charge of 1,111 indigenous educational institutions with more than 40,000 children in 19 federal states. The Committee notes 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. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts, in particular within the framework of the “Opportunities” programme, to provide access to free basic education to children vulnerable to the worst forms of child labour, particularly those living in rural areas as well as children of indigenous and migrant workers. It requests the Government to continue to provide information on the implementation of the “Opportunities” programme and results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking and commercial sexual exploitation. The Committee notes that the Act to prevent and punish the trafficking of persons and its regulation foresee measures to protect and assist in a concerted and appropriate manner victims of trafficking, especially children and young persons. It notes the Government’s information that FEVIMTRA is, inter alia, in charge of assisting child victims of trafficking through legal counselling, physical and psychological aid. Victims are also assisted for their rehabilitation and reintegration in their families, in order to avoid their re-victimization. The Committee notes the Government’s information that, since its creation, FEVIMTRA has assisted 12 girls and 20 boys, who were probable victims of trafficking. It further notes that, according to the final technical progress report of the ILO–IPEC project against CSEC, 108 children in total were withdrawn from commercial sexual exploitation through the provision of educational services or training opportunities, and 38 children were withdrawn from this worst form of child labour through the provision of other non-education related services. The Committee encourages the Government to continue taking measures to provide the necessary and appropriate direct assistance for the removal of children from trafficking and commercial sexual exploitation and for their rehabilitation and social integration. It also requests the Government to indicate whether reception centres for child victims of trafficking and commercial sexual exploitation have been established in the country, with an indication of the number of children actually received by such centres; and whether specific medical and social follow-up programmes have been formulated and implemented for child victims of trafficking and commercial sexual exploitation.

Clause (d). Children at special risk. 1. Children in agricultural work and marginal urban activities. The Committee previously noted the ITUC’s indication that the majority of children who work were engaged in agriculture or informal urban activities. It noted the information provided by the Government on the results achieved in the context of the implementation of the programme to prevent and eliminate child labour in the marginal urban sector (programme against child labour in the marginal urban sector) and the programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER) in 2005 and 2006. The Committee notes the Government’s information on the results of the programme against child labour in the marginal urban sector between 2007 and the first trimester of 2009. In particular, it notes that the total number of children and adolescents working in the marginal urban sector decreased by 17.2 per cent. Assistance was provided to 156,562 working children and 218,587 children at risk. Moreover, the 95 per cent of children who obtained education grants completed school. The Committee notes the Government’s information that the Ministry of Social Development carries out the programme for assisting daily agricultural workers and their families. Since one of the objectives of this programme is reducing child labour, it also provides for cash transfers and other types of assistance to daily agricultural workers which are subject to the condition that their children between 6 and 14 years of age regularly attend basic education. According to the Government, in 2008 the programme had the following results: assistance was provided to a total of 650,277 families; 113,380 girls and 115,355 boys under 14 years benefited from the programme; 10,838 investment projects related to educational grants for 10,378 children were authorized. The Committee notes that the ILO–IPEC project, Stop Child Labour in Agriculture, has among its immediate objectives the implementation of direct action interventions to prevent child labour in agriculture and to withdraw children who work in agriculture. The Committee welcomes the Government’s efforts to prevent and combat child labour in the marginal urban sector and in agriculture, especially through education and encourages the Government to continue its efforts to protect children from the worst forms of child labour in these sectors. It requests the Government to continue to provide information on the results of the programmes adopted to this end, such as the programme against child labour in the marginal urban sector, PROCEDER, the programme for assisting daily agricultural workers and their families and the ILO/IPEC project Stop Child Labour in Agriculture.

2. Street children. The Committee previously noted the study of the System for the Integral Development of the Family (DIF), which showed that 114,497 children under 17 years of age worked and lived in the streets and that, solely in the city of Mexico, which was not covered by the study, there are 140,000 young persons working in the streets. It noted that, between 2001 and 2007 around 189,620 children benefited from the programme of prevention and assistance to girls, boys and young persons living in the streets (programme for street children). However, it noted that, according to the concluding observations of the Committee on the Rights of the Child in June 2006 (CRC/C/MEX/CO/3, paragraph 68), although the number of street children had fallen in recent years, it remained high and the measures adopted to prevent this phenomenon and protect the children involved were inadequate.

The Committee notes that according to the Government representative at the Conference Committee with a view to ensuring that own account workers under 18 years, such as street children, did not perform hazardous work, 99 projects were carried out and 1,740 education and food grants were provided in 2007, covering a total of 35,514 street children. The Committee notes the Government’s information that under the programme against child labour in the marginal urban sector, between 2007 and the first trimester of 2009, assistance was provided to 3,974 street children and 668 street children were reintegrated in their families. It further notes the Government’s information that 23,516 children benefited from the programme for street children in 2008. While welcoming these measures and observing that the number of street children has fallen in recent years, the Committee notes, like the Conference Committee, that the number of street children undertaking hazardous work remains high. Therefore, it encourages the Government to redouble its efforts to remove children from the streets and provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children removed from the streets and rehabilitated pursuant to the implementation of programmes and projects such as the programme against child labour in the marginal urban sector and the Programme for street children.

Article 8. International cooperation. 1. “Programme OASIS”. The Committee previously noted the Government’s information concerning the cooperation between the United States and Mexico in the context of the “Programme OASIS”. It noted that a “Programme OASIS” conference was held in San Antonio, Texas, in August 2007 and that the authorities of the two countries agreed to strengthen their cooperation to punish those responsible for the trafficking of persons, particularly children, and to extend the programme to other frontier points. The Committee notes that, according to the Government representative at the Conference Committee, in the context of the “Programme OASIS”, three criminal cases were under judicial investigation or the submission of evidence in relation to the crime of trafficking of minors. It further notes that, according to Trafficking Report, in 2008 the Mexican Federal Government continued to provide significant assistance to the US Government on cross-border trafficking. The Committee requests the Government to continue to provide information on (1) the number of persons who are charged and found guilty as a result of the implementation of the “Programme OASIS”; and (2) the number of child victims of trafficking intercepted in frontier areas.

2. Border between Mexico and Guatemala. With reference to its previous comments, the Committee noted the Government’s information that the National Institute for Migration (INM) in 2006 made over 1,522 complaints concerning the trafficking and smuggling of persons. Between January and March 2007, the INM made over 353 complaints, of which 39 were referred to the courts; of these, 26 have been set aside and 462 are under examination. Noting the absence of information on this point in the Government’s report, the Committee requests the Government to provide information in its next report on convictions and the penalties imposed as a result of the complaints made by the INM against persons working in networks engaged in the trafficking and smuggling of children.

3. Border with El Salvador. The Committee notes that, according to the Government’s first report under the Optional Protocol on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC/C/OPSC/MEX/1; paragraph 263), in 2005 the Government of Mexico signed a Memorandum of Understanding (MOU) with the Government of El Salvador in order to protect women and child victims of sale and trafficking in the border between Mexico and El Salvador. The Committee requests the Government to provide information on the number of child victims of trafficking who have been removed from trafficking and rehabilitated pursuant to the measures taken under the MOU.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 3(d) and Article 4, paragraph 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: section 175 of the Federal Labour Act (night work in industry); section 160 of the Federal Regulations on occupational safety, health and the working environment (work involving the exposure of young persons to ionizing radiations); and section 202 of the Federal Penal Code (work in bars, taverns and places of debauchery). It also noted that, with the exception of the provisions mentioned above, the age established for admission to hazardous and unhealthy kinds of work is 16 years: section 175 of the Federal Labour Act and sections 154 and 159 of the Federal Regulations on occupational safety, health and the working environment. The Committee noted the Government’s indication that the provisions respecting hazardous types of work are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. It requested the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform hazardous types of work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

While noting the information provided by the Government, the Committee observes that it relates to work by children aged between 14 and 16 years. It once again reminds the Government that, under Article 3(d) of the Convention, hazardous work is one of the worst forms of child labour and applies to all young persons under 18 years of age. 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 of protection and prior training, as well as the consultation of employers’ and workers’ organizations. The Committee therefore once again requests the Government to provide information on the measures adopted to ensure that young persons aged between 16 and 18 years are only authorized to carry out hazardous types of work in accordance with the provisions of Paragraph 4 of Recommendation No. 190.

Article 7, paragraph 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 are engaged in an economic activity, particularly in domestic service. The Committee notes the information provided by the Government, according to which awareness-raising activities on domestic work by children, and particularly girls, have been carried out in the country. It also notes that an information leaflet on domestic work has been distributed in educational institutions. While noting this information, the Committee observes that, however important awareness-raising measures may be on domestic work by children with a view to combating this problem, they cannot replace measures to protect children against conditions of work that are likely to harm their health, safety or development. In this respect, the Committee notes that children, and particularly young girls, who are engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. The Committee therefore urges the Government to redouble its efforts and to take the necessary measures to protect these children against the worst forms of child labour, and to provide information in this respect.

Article 8. Poverty reduction. The Committee notes that, according to the information contained in the ILO/IPEC activities report of 2007 on the project “Support for the prevention and elimination of the commercial sexual exploitation of children (CSEC) and the protection of CSEC victims in Mexico”, a programme of poverty reduction in urban areas has been launched in the country. Noting that initiatives taken to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any substantial impact noted during the implementation of this poverty reduction programme 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 noted previously that, according to the study by the INEGI “Child labour in Mexico (1995-2002)”, some 3.3 million children are engaged in an economic activity, particularly in the agricultural and craft work sectors, as traders or hawkers, domestic workers or service employees. Also according to this study, girls and boys begin working in the agricultural sector at a very early age, as they do in domestic service and in arduous and dangerous types of work. The study concluded that it is necessary to carry out research into these activities with a view to quantifying the number of children working in these sectors so that the necessary measures can be taken to guarantee their development and respect for their rights. The Committee requested the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour.

In its report, the Government indicates that in 2006 an activity was undertaken in collaboration with ILO/IPEC–SIMPOC on techniques for estimating child labour with a view to identifying components for the formulation of a reliable procedure for the estimation of child labour in Mexico. Furthermore, an activity was undertaken in July 2007 in collaboration with ILO/IPEC for the formulation of questionnaires on the work performed by children with a view to revising the INEGI’s indicators. As a result, the national study on employment and occupation in 2007 will contain a chapter on child labour. The Committee requests the Government to provide a copy of this national study with its next report. It hopes that it will contain 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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and traffic of children for commercial sexual exploitation. 1. Federal legislation. In its previous comments, the Committee noted the observations of the International Trade Union Confederation (ITUC) reporting the trafficking of young girls within the country and abroad for the purposes of sexual exploitation, including forced prostitution. The Committee noted that, according to a study carried out in six Mexican cities with the support of UNICEF, around 16,000 boys and girls were victims of commercial sexual exploitation. It noted that a study carried out 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 solely in the Federal District of Mexico. The Committee noted that reforms of the legislation were in progress and requested the Government to provide information in this respect.

The Committee notes with satisfaction the Decree of 27 March 2007 which amends, supplements and repeals certain provisions of the Federal Penal Code, the Code of Penal Procedure and the Federal Act to Combat Organized Crime in relation to the sexual exploitation of children. In particular, it notes that sections 205 and 205bis of the Penal Code penalize the trafficking of persons under 18 years of age for sexual and economic exploitation. The Committee also notes that the Government is participating in the ILO/IPEC project entitled “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico” and that progress has been achieved in the context of its implementation. It however observes that, although the Government has taken several measures to combat the sale and trafficking of children for commercial sexual exploitation, the problem still exists in practice. In this respect, it refers to the concluding observations of the Committee on the Rights of the Child on the third periodic report of Mexico of June 2006 (CRC/C/MEX/CO/3, paragraph 64), in which it indicated that it remained concerned about the extent of the sexual exploitation, trafficking and abduction of children in the country. The Committee of Experts, however, notes a communication of the Special Rapporteur on the sale of children, child prostitution and child pornography, who visited the country from 4 to 14 May 2007, indicating that there is a consensus between the public authorities and civil society organizations that the sexual exploitation of children and the trafficking of minors for this purpose constitute a serious problem which has to be addressed. The Committee appreciates the measures adopted by the Government to prohibit and eliminate this worst form of child labour and it considers these measures as an affirmation of the political will to develop strategies to combat this problem. It strongly encourages the Government to redouble its efforts to ensure the protection of children under 18 years of age against sale and trafficking for sexual exploitation, including prostitution. Furthermore, the Committee requests the Government to provide information on the effect given in practice to the new provisions, including statistics on the number and nature of the infringements reported, the investigations undertaken, prosecutions, convictions and the penal sanctions applied.

2. State legislation. The Committee notes the studies provided by the Government on the penal legislation respecting the commercial sexual exploitation of children. It notes that, according to the information contained in the ILO/IPEC activity reports for 2007 on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico”, draft amendments to the Penal Codes in the states of Baja California, Guerrero and Chihuahua have been approved. The Committee hopes that the draft amendments to the Penal Codes will be adopted in the near future and requests the Government to provide information on any progress achieved in this respect.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes with interest that the Decree of 27 March 2007 contains provisions penalizing the following crimes: acting as an intermediary for the prostitution of persons under 18 years of age (sections 206 and 206bis); pornography involving persons under 18 years of age (sections 202 and 202bis); and sexual tourism involving persons under 18 years of age (sections 203 and 203bis). It requests the Government to provide information on the effect given to these provisions in practice, including statistics on the number and nature of the violations reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously 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, and to provide, among other information, reports on the number of convictions.

Article 7, paragraph 1. Sanctions. With reference to its previous comments, the Committee notes the detailed information provided by the Government concerning the Internet Police Unit. It notes in particular that, between January 2005 and June 2007, over 2,500 sites containing child pornography were deactivated. It encourages the Government to pursue its efforts in this respect.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the detailed information provided by the Government in its report on the measures taken to combat the sexual commercial exploitation of children. It notes in particular the training activities for officials of the public authorities (labour inspection, police forces, immigration service), the awareness-raising campaigns for the population and the publication of educational materials.

Clauses (a) and (b). Preventing children from being engaged in the worst forms of child labour and assistance for the removal of children from these worst forms. 1. Commercial sexual exploitation. With reference to its previous comments, the Committee notes that, according to the information contained in the ILO/IPEC activity reports for 2007 on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of CSEC Victims in Mexico”, measures have been taken to prevent 245 children from being engaged in this worst form of child labour or to remove them from this activity since 2005. It also notes that around 90 children have been reintegrated into the school system and over 980 children have benefited from the project since the beginning of its activities. Furthermore, the Committee notes the information provided by the Government concerning the measures taken for the rehabilitation and social integration of child victims, the assistance provided to their families and the number and location of reception centres in the various states of the country. The Committee requests the Government to continue providing information on the measures adopted in the context of the implementation of the ILO/IPEC project with a view to: (1) preventing children under 18 years of age from becoming victims of commercial sexual exploitation; and (2) providing the necessary and appropriate direct assistance for the removal of children from this worst form of child labour and for their rehabilitation and social integration. Furthermore, it requests the Government to provide information on the specific medical and social follow-up programmes formulated and implemented for the victims of this worst form of child labour.

2. Education. In its previous comments, the Committee noted the indication by the ITUC that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. The ITUC added that, in the case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. The Committee noted the efforts made by the Government, particularly in the context of the implementation of the “Opportunities” programme developed by the Ministry of Social Development, which provides children and young persons living in poverty with full and free access to education and to health services.

The Committee takes due note of the information provided by the Government that over 5,290,000 children benefited from the “Opportunities” programme in 2005 and 2006 and that it hopes to increase the number of grants provided at the secondary and higher levels to cover 1.24 million girls and 1.18 million boys for the school year 2006–07. The Committee however notes that, in its concluding observations of June 2006 (CRC/C/MEX/CO/3, paragraph 56), the Committee on the Rights of the Child expressed concern at continuing low school enrolment rates, especially among migrants and indigenous children, and at the high drop-out rates, especially among rural, indigenous and migrant children. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to redouble its efforts to increase the school enrolment rate and to reduce the drop-out rate, particularly for rural, indigenous and migrant children. It requests the Government to provide information on the results achieved.

3. Tourism. The Committee notes the information contained in the 2007 activities report of ILO/IPEC on the project “Support for the Prevention and Elimination of the Commercial Sexual Exploitation of Children (CSEC) and the Protection of the CSEC Victims in Mexico” that over 800 professionals in tourism have been covered by awareness raising concerning the commercial sexual exploitation of children, including sexual tourism. As the country benefits from a certain level of tourism, the Committee encourages the Government to continue its awareness-raising activities for actors directly linked to the tourist industry.

Clause (d). Children at special risk. 1. Children in agricultural work and marginal urban activities. The Committee previously noted the ITUC’s indication that the majority of children who work are engaged in agriculture or informal urban activities. The Committee notes the information provided by the Government on the results achieved in the context of the implementation of the programme to prevent and eliminate child labour in the marginal urban sector and the Programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER) in 2005 and 2006. In particular, it notes that, in the context of the Programme on marginal urban activities, over 132,000 child workers and 162,700 children at risk have benefited from the programme, of whom 10,976 have received an educational grant from the System for the Integral Development of the Family (DIF), and 1,121 have received a DIF training grant. It further notes that, in the context of the PROCEDER programme, over 557,475 children have benefited directly from the programme, 2,873 children have received an education grant and 24 schools and a rehabilitation centre have been constructed. The Committee encourages the Government to continue its efforts to protect these children from the worst forms of child labour.

2. Street children. The Committee previously noted the study of the DIF, which showed that 114,497 children under 17 years of age worked and lived in the streets and that, solely in the city of Mexico, which was not covered by the study, there are 140,000 young persons working in the streets. The study added that 90 per cent of the children working in the streets did so on their own account and provided for the subsistence of their families. The Committee notes the information provided by the Government relating to the results obtained in the context of the implementation of the Programme of Prevention and Assistance to girls, boys and young persons living in the streets. It notes that, between 2001 and 2007, around 189,620 children have benefited from this programme. However, it notes that, according to the concluding observations of the Committee on the Rights of the Child in June 2006 (CRC/C/MEX/CO/3, paragraph 68), although the number of street children has fallen in recent years, it remains high and the measures adopted to prevent this phenomenon and protect the children involved are inadequate. The Committee therefore requests the Government to redouble its efforts to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in hazardous types of work. It also requests the Government to continue providing information on the impact of this programme and the results achieved.

Article 8. International cooperation. 1. “Programme OASIS”. Further to its previous comments, the Committee notes the information provided by the Government concerning the cooperation between the United States and Mexico in the context of the “Programme OASIS”, it notes that a “Programme OASIS” conference was held in San Antonio, Texas, in August 2007 and that the authorities of the two countries have agreed to strengthen their cooperation to punish those responsible for the unlawful trafficking of persons, particularly children, and to extend the programme to other frontier points. The Committee requests the Government to indicate (1) the number of persons who are charged and found guilty as a result of the implementation of this programme; and (2) the number of child victims of trafficking intercepted in frontier areas.

2. Border between Mexico and Guatemala. With reference to its previous comments, the Committee notes the information provided by the Government that the National Institute for Migration (INM) in 2006 made over 1,522 complaints concerning the unlawful trafficking and smuggling of persons. Between January and March 2007, the INM made over 353 complaints, of which 39 were referred to the courts; of these, 26 have been set aside and 462 are under examination. The Committee requests the Government to provide information on convictions and the penalties imposed as a result of the complaints made by the INM against persons working in networks engaged in the unlawful trafficking and smuggling of children.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3(d) and Article 4, paragraph 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: section 175 of the Federal Labour Act (night work in industry); section 160 of the Federal Regulations on occupational safety, health and the working environment (work involving the exposure of young persons to ionizing radiations); and section 202 of the Federal Penal Code (work in bars, taverns and places of debauchery). It also noted that, with the exception of the provisions mentioned above, the age established for admission to hazardous and unhealthy types of work is 16 years: section 175 of the Federal Labour Act and sections 154 and 159 of the Federal Regulations on occupational safety, health and the working environment. The Committee noted the Government’s indication that the provisions respecting the special protection of young persons, and particularly those relating to hazardous types of work, are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. In this respect, the Committee requested the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform types of hazardous work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

The Committee notes that the Government confines itself in its report to referring to the relevant legislative provisions respecting hazardous types of work, without providing additional information, particularly on the measures adopted to ensure compliance with the conditions established in Paragraph 4 of Recommendation No. 190 allowing the performance of hazardous types of work by young persons between the ages of 16 and 18 years. In this respect, the Committee reminds the Government that, under the terms of Article 3(d) of the Convention, 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, is one of the worst forms of child labour and is prohibited for all young persons under 18 years of age. It also reminds the Government that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing employment or work by young persons as from the age of 16 under strict conditions relating to their protection and prior training, and after consultation with workers’ and employers’ organizations. The Committee therefore once again requests the Government to provide information on the measures adopted to ensure that young persons aged between 16 and 18 years are only authorized to carry out hazardous types of work in accordance with the provisions of Paragraph 4 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. With reference to its previous comments, the Committee notes the information provided by the Government concerning the inspections carried out by the Federal Labour Inspectorate in the formal economy. The Committee however reminds the Government that, under this provision of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist. It therefore requests the Government to take the necessary measures to identify hazardous types of work, after consultation with the organizations of employers and workers concerned, and to inform it of the results.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. Further to its previous comments, the Committee takes due note of the information provided by the Government on the activities of the special coordination section on the trafficking of young persons and the police information technology unit of the federal police force.

Article 6. Programmes of action to eliminate the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government on the impact of the following programmes: the national programme on the rights of children and young persons; and the inter-institutional programme for the protection of young persons in border areas. In particular, it notes that, in the context of programmes for the protection and development of children engaged in economic activities, the Secretariat for Labour and Social Assistance has formulated a programme to prevent and combat child labour. Awareness-raising activities for the population have been undertaken in the context of this programme, particularly with regard to the worst forms of child labour. The Committee also notes that various actors concerned with the problem of child labour, including government agencies, employers’ and workers’ organizations and NGOs, participated in a forum on child labour and the follow-up to Convention No. 182 in June 2004. Furthermore, the Committee notes that, following consultations between the Government and employers’ and workers’ organizations on the action to be taken to eliminate the worst forms of child labour, a tripartite committee was established on the effect to be given to Convention No. 182. The Committee requests the Government to provide information on the activities and operation of the tripartite committee on the effect to be given to Convention No. 182, particularly with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that, in the context of their activities, the police information technology unit and the special coordination section on the trafficking of young persons, among other actions, identified 285 groups distributing material containing child pornography and 68 web sites containing images of child pornography. It also notes that 18 members of an organization engaging in child sexual tourism on the Internet and the corruption and prostitution of children have been apprehended. The Committee requests the Government to indicate whether these persons have been prosecuted and convicted and, if so, to indicate the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. The Committee notes that, according to the information provided by the Government, the programmes of action implemented concerned both boys and girls. However, it notes that, according to a study published in 2004 by the National Institute for Statistics and Geographical Information (INEGI) entitled "Child labour in Mexico (1995-2002)", over 80 per cent of girls between the ages of 12 and 17 years are engaged in an economic activity, particularly in domestic service. The Committee requests the Government to provide information on the measures adopted or envisaged to protect girls who work in domestic service from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the Government, the programme to prevent and combat child labour is reported to have contributed to a decrease of between 15 and 25 per cent in the labour market participation of girls and boys. It notes that, according to the study by the INEGI, "Child labour in Mexico (1995-2002)", some 3.3 million children are engaged in an economic activity, particularly in the agricultural and craftwork sectors, as traders or hawkers, domestic workers or service employees. Also according to this study, girls and boys begin working in the agricultural sector at a very early age, as they do in domestic service and in arduous and dangerous types of work. The study concludes that it is necessary to carry out research into these activities with a view to quantifying the number of children working in these sectors so that the necessary measures can be taken to guarantee their development and respect for their rights.

The Committee once again notes that, with the exception of commercial sexual exploitation, the statistics available do not specifically cover the worst forms of child labour. It therefore once again requests the Government to provide 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, prosecutions and convictions. To the extent possible, the information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report. In particular, it notes the detailed information provided in reply to its general observation, especially on the programmes of action implemented with a view to eliminating the sale and trafficking of young persons under 18 years of age and the illicit trafficking of migrants. It requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its previous comments, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) reporting the trafficking of women and young girls within the country and abroad for the purposes of forced prostitution. The Committee noted the Government’s indication that there is no other information supporting the generalizations made by the ICFTU and it is not therefore possible to determine whether these allegations are true.

The Committee, however, noted that, according to a study carried out in six cities with the support of UNICEF, around 16,000 boys and girls are victims of commercial sexual exploitation. Furthermore, the Committee noted the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2003/85/Add.2, of 30 October 2002) following an official mission carried out in Mexico. In this report, the Rapporteur expressed concern at the "corruption closely linked to transnational organized crime, and in particular gangs engaged in the trafficking and smuggling of persons". The Committee also noted that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while being aware of the measures taken by the Government concerning "repatriated children" (menores fronterizos), remained particularly concerned that a great number of these children are victims of trafficking networks which use them for sexual or economic exploitation. It also expressed concern about the increasing number of cases of the trafficking and sale of children from neighbouring countries who are brought to Mexico to be used in prostitution. In this respect, the Committee on the Rights of the Child recommended that the Government continue taking effective measures on an urgent basis to protect Mexican migrant children, to strengthen law enforcement and to implement its national programme of prevention. The Committee on the Rights of the Child also endorsed the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.

The Committee further noted that section 366III (abduction) of the Federal Penal Code concerns young persons under 16 years of age. It also noted the Government’s indication that, with regard to section 366ter (trafficking of persons) of the Federal Penal Code, the term "minor" means a person under 16 years of age.

The Committee notes the information provided by the Government concerning the measures that it has adopted to combat the sale and trafficking of children, particularly for sexual exploitation. It notes that a Bill amending the Act for the protection of girls, boys and young persons, the Penal Code, the Federal Code of Penal Procedures, the Act against organized delinquency and the Act determining the minimum standards for the social rehabilitation of convicted persons, was approved on 4 December 2003. The Committee also notes that, according to the information available to the Office, a Bill to combat the trafficking of persons, and particularly women and children for sexual exploitation, has been formulated and submitted to Parliament. In addition, a study carried out by ILO/IPEC, the Secretariat for Labour and Social Assistance and the National Social Sciences Institute (INACIPE), published in 2004, corroborates the figures put forward by the UNICEF study referred to above, namely that over 16,000 girls, boys and young persons, including around 5,000 solely in the Federal District of Mexico, are the victims of commercial sexual exploitation.

The Committee once again observes that, although the Government has taken certain measures to combat the sale and trafficking of children, particularly for sexual exploitation, the problem persists. Indeed, there is abundant information from several sources reporting the trafficking of persons, including young persons under 18 years of age, for sexual exploitation. The Committee once again draws the Government’s attention to the fact that, under Article 1 of the Convention, when a member State ratifies the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of labour by young persons under 18 years of age. The Committee therefore once again requests the Government to redouble its efforts to protect young persons under 18 years of age against sale and trafficking for sexual exploitation, and particularly prostitution. It also once again requests the Government to take the necessary legislative measures to extend the prohibition of the sale and trafficking of young persons to all girls and boys under 18 years of age. It further requests the Government to provide information on the imposition of penalties in practice, by providing, among other information, reports on the number of convictions. Finally, the Committee hopes that the Bills referred to above will be adopted in the near future and that they will take into account these comments, and it requests the Government to provide information on any progress achieved in the adoption of these Bills.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee noted previously that, in its communication, the ICFTU indicated that certain children are engaged in begging. The Committee noted that section 201 of the Federal Penal Code establishes a sentence of imprisonment of between three and five years and a fine of between 50 and 200 days of wages for any person who compels or incites another person to engage in begging, and it requested the Government to provide information on the application in practice of section 201 of the Penal Code. Noting the absence of information on this subject, the Committee requests the Government to provide such information, particularly with regard to the application of penalties in practice, by providing, among other information, reports on the number of convictions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the indication by the ICFTU that the Government, in cooperation with UNICEF, has undertaken to address the problem of child labour, particularly in the urban informal economy, by facilitating access to education. The ICFTU referred to a report by the national education administration indicating that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. Only six out of ten children complete their elementary education. The ICFTU added that, in the specific case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. Child labour is relatively higher among the indigenous population than in non-indigenous groups. The Committee noted the efforts made by the Government in the field of education, which appeared to be resulting in a decrease in child labour. The Committee also noted the "Opportunities" programme developed by the Ministry of Social Development, which provides children and young persons living in conditions of poverty with full and free access to education and to health services.

The Committee takes due note of the detailed information on the "Opportunities" programme provided by the Government. In particular, it notes that, according to the August 2004 estimates, around 5 million families have benefited from the programme. During the 2003-04 school year, 4,577 grants were provided and 5,100 grants are due to be provided during the school year 2004-05. Furthermore, in general terms, the Government has noted the following results: between 1996 and 2003, the school enrolment rate rose by 24 per cent in rural secondary schools and by 4 per cent in urban secondary schools; the school dropout rate fell by 10 per cent in rural primary schools and by 5 per cent in urban secondary schools. In view of the important contribution of education to eliminating the worst forms of child labour, the Committee encourages the Government to continue its efforts in this field and requests it to provide information on the results achieved.

Clause (b). Assistance for the removal of children from the worst forms of child labour. Commercial sexual exploitation. In its previous comments, the Committee noted that one of the four strategic components of the programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation was to provide direct assistance to 300 boys, girls and young persons who were victims of commercial sexual exploitation or at risk in the cities of Acapulco, Guadalajara and Tijuana. Furthermore, special measures were envisaged for the families of these 300 children. The Committee notes the information provided by the Government on the programmes of action implemented to eliminate the sale and trafficking of young persons under 18 years of age, particularly in the context of the programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation. In addition to awareness-raising campaigns and forums or congresses, the Committee notes that, in November 2004, the Government inaugurated an assistance centre for child victims of commercial sexual exploitation in the State of Jalisco. While noting the efforts made by the Government to eliminate the commercial sexual exploitation of children, the Committee observes that the information provided does not show the impact of the programme in quantifiable results and contains very little data on the rehabilitation and social integration of children following their removal from work. The Committee therefore requests the Government to redouble its efforts to secure the protection of children against sale and trafficking for sexual exploitation, and particularly prostitution, and to provide information on the impact of the programme in terms of the rehabilitation and social integration of children following their removal from work.

Clause (d). Identifying and reaching out to children at special risk. In its previous comments, the Committee noted the indication by the ICFTU that the majority of children who work are engaged in agriculture or informal urban activities, such as trading. The Committee noted the study undertaken by the national system for the integral development of the family (DIF) in 100 cities in Mexico, which shows that 114,497 young persons under 17 years of age work and live in the streets. It is estimated that, solely in the city of Mexico, a city which is not covered by the study, there are around 140,000 young persons working in the streets. The study adds that 90 per cent of the girls, boys and young persons working in the streets, markets, transport terminals, squares, parks and kiosks work on their own account and provide for the subsistence of their families. The Committee expressed particular concern at the number of children working in agriculture, in informal urban activities, such as trading, and those working on their own account. It considered that children working on their own account, such as street children, could be at special risk and it requested the Government to provide information on the measures taken or envisaged to ensure that young persons under 18 years of age working on their own account are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

The Committee notes the detailed information provided by the Government on the results achieved through the implementation of various programmes of action, including the Programme for the prevention and elimination of child labour in the urban and marginalized sector and the Programme to promote the rights of girls and boys, daily child workers in the agricultural sector and the prevention of child labour (PROCEDER). It notes in particular that in November 2004 the programme for prevention and assistance to girls, boys and young persons living in the streets extended its activities to the States of Coahuila, Chiapas, Gerrero, Michoacán, Querétero, San Luis de Potosí and Sonora. Accordingly, the programme currently includes the participation of 145 municipal authorities and 96 civil society organizations and covers 80,026 girls, boys and young persons living in the streets or exposed to risks. The Committee considers that children living in the street are particularly exposed to the worst forms of child labour. It requests the Government to continue its efforts to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. Furthermore, the Committee requests the Government to provide information on the impact of the various programmes referred to above and the results achieved.

Article 8. Enhanced international cooperation and assistance. With reference to its previous comments, the Committee notes the information provided by the Government that it is collaborating with the Government of the United States for the implementation of a programme entitled "Programme Oasis". The objectives of the programme are: to guarantee the security and protection of migrants; to combat the organized crime of the trafficking of migrants and of persons; to prevent impunity and secure common borders. The Committee also notes that, in the context of collaboration with the International Organization for Migration (IOM), the Inter-American Commission on Women (CIM), the Organisation of American States (OAS), the National Institute for Women (INMUJERES) and the National Institute for Migration (INM), a project has been formulated with the title "Combating the trafficking of women, young persons, boys and girls in Mexico". Furthermore, it notes the memorandum of understanding for the protection of women and young persons who are victims of trafficking or smuggling on the border between Mexico and Guatemala. The Committee requests the Government to provide information on the types of cooperation measures carried out in the context of these programmes to eliminate the sale and trafficking of girls and boys under 18 years of age and the results achieved.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that the Government has adopted the Act on the rights of girls and boys, of 31 January 2000, and the Act on the protection of the rights of girls, boys and young persons, of 29 May 2000. The Committee also notes that the Federal Penal Code and the Federal Code of Penal Procedures were amended on 4 January 2002 so as to establish more severe penalties for certain offences, including the corruption of young persons, and to categorize offences relating to child pornography and sex tourism involving children. The Committee notes that the Government has adopted a National Social Development Plan (2001-06). One of the guiding principles of this Plan is that, in order to increase equity and equality of opportunity, it is necessary to secure the protection and development of children and young persons.

Article 3. Worst forms of child labour. Clause (a) 1. All forms of slavery or practices similar to slavery. The Committee notes that article 1 of the Constitution of Mexico prohibits the practice of slavery. It also notes that section 364 II of the Federal Penal Code provides for penalties for any person who, in any manner whatsoever and by prejudicing a third person, is in violation of the rights and guarantees set forth in the Constitution. Furthermore, section 45(a) and (b) of the Act on the protection of the rights of girls, boys and young persons provides that girls, boys and young persons have the right: (a) not to be subjected to torture or to penalties or to other cruel, inhuman or degrading forms of treatment; and (b) not to be deprived of their freedom in an illegal or arbitrary manner.

2. Debt bondage and serfdom. The Committee notes that under article 123 A XXIV of the Constitution, workers shall be responsible for their debts towards their employers, associates, parents or dependants and that, in no case and for no reason may reimbursement of the debt be required from the members of their family. Nor shall any part of such debts be recoverable which is higher than the monthly wage of the worker. The Committee also notes that under section 365 II of the Federal Penal Code, a penalty shall be imposed upon any person who concludes an agreement with another person depriving the latter of her or his freedom or imposing conditions constituting a form of slavery, or who takes control of a person and transfers her or him to a third party so that the latter may conclude such an agreement.

3. Forced or compulsory labour. The Committee notes that under article 5 of the Constitution no person may be compelled to provide work without receiving equitable remuneration and without having giving her or his consent, unless said work is imposed through a penalty handed down by the judicial authority. The contract of employment shall only constitute an obligation to provide the agreed service for the period established by law and may not in any case provide for the renunciation, lost or diminution of civil and political rights. The Committee also notes that under section 365 I of the Federal Penal Code a penalty shall be imposed upon any person who compels another person to perform work or provide a service, without the corresponding remuneration, through recourse to physical or moral violence, deception, intimidation or any other means.

4. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that under section 4 of the Act on military service, conscription for recruitment for military service shall be completed during the second half of the year during which individuals reach 18 years of age. Their service shall commence on 1 January of the following year. It also notes that under section 5 of the Act on military service, military service shall constitute one year of active service for persons aged 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that under section 201 of the Federal Penal Code, any person who induces, procures, encourages or compels a person under 18 years of age to engage in prostitution, perform sexual practices or commit offences is guilty of the crime of the corruption of young persons. It also notes that under section 201bis (3) of the Penal Code, a penalty is established for any person who induces, encourages, invites or approaches in any other manner one or more persons travelling within or outside the national territory and offers them sexual relations with a young person under 18 years of age. Furthermore, the Committee notes that under section 208 of the Federal Penal Code, a penalty shall be imposed upon any person who encourages, act as an accomplice, agrees to or permits sexual relations with a young person under 18 years of age.

2. Use, procuring or offering of a child for the production of pornography or pornographic performances. The Committee notes that under section 201 of the Federal Penal Code, any person who induces, procures, encourages or compels a person under 18 years of age to perform acts such as corporal, lascivious or sexual performances, or to commit offences is guilty of the crime of the corruption of minors. The Committee also notes that under section 201bis of the Federal Penal Code, any person who attempts to persuade or encourages by any means whatsoever, one or more persons under 18 years of age, with or without their consent, or compels or induces them to engage in corporal, lascivious or sexual performances, with a view to filming, photographing or exhibiting them through printed or electronic media, with or without a view to profit, shall be penalized. A penalty shall also be imposed on any person who him or herself or through a third party, directs, administers or supervises any type of criminal association whatsoever with the objective of carrying out the activities envisaged in the previous subsections involving young persons under 18 years of age. For the purposes of section 201bis, the term child pornography means the sexually explicit representation of images of young persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that under section 194 I, II, III of the Federal Penal Code, penalties shall be imposed on any person who produces, transports, traffics or sells, provides, even free of charge, or prescribes one of the drugs referred to in section 193 without the authorization envisaged in the Health Act (for the purposes of this subsection, the terms produce and sell mean respectively manufacture, process, prepare or present drugs and sell, buy, acquire or supply drugs); brings into or takes out of the country one of the drugs referred to in section 193, even momentarily or while in transmit (in cases where the bringing of drugs into or taking them out of the country has not reached the stage of consumption, but where the acts in question clearly show that this was the purpose of the agent, the penalty shall be up to two-thirds of the penalty established by the present provision); provides resources or of an economic or any other nature, or collaborates in any manner whatsoever in the financing, supervision or development activities with a view to facilitating the perpetration of any of the crimes referred to in Chapter I, Title 7 of the Code entitled "On the production, possession, trafficking, promotion or other acts related to drugs". The Committee notes that under section 196 II and III of the Federal Penal Code, the penalties applicable for the offences laid down in section 194 of the Code shall be more severe where a young person is used with a view to committing one of these crimes.

Article 3(d) and Article 4. Types of hazardous work. The Committee notes that section 175 of the Federal Labour Act prohibits the engagement of persons under 18 years of age in industrial night work. It also notes that, under the terms of section 160 of the Federal Regulations on occupational safety, health and the working environment, young persons under 18 years of age may not be employed in work involving exposure to ionizing radiation. Furthermore, the Committee notes that section 202 of the Federal Penal Code prohibits work by persons under 18 years of age in bars, taverns and places of debauchery. The Committee notes that article 123 of the Constitution prohibits young persons under 16 years of age from performing unhealthy and hazardous types of work, industrial night work or any other work after ten o’clock in the evening. It further observes that section 175 of the Federal Labour Act prohibits work by young persons under 16 years of age in the following activities: outlets for the rapid consumption of drinks; work likely to prejudice their morals or upbringing; itinerant types of work, without special authorization from the labour inspectorate; work underground or underwater; hazardous or unhealthy types of work; work which exceeds their strength and which may prevent or delay their normal physical development; work in non-industrial establishments after ten o’clock in the evening and any other types of work determined by the law. Under the terms of section 176 of Federal Labour Act, the hazardous and unhealthy types of work referred to in section 175 of the Act shall be those which, by their nature and the physical, chemical or biological conditions in which they are carried out or the composition of the raw materials used, are likely to affect the life, development and physical and mental health of young persons. The types of work covered by this definition shall be determined by regulation. Under section 154 of the Federal Regulations on occupational safety, health and the working environment, the employment of young persons between 14 and 16 years of age is prohibited in hazardous and unhealthy types of work in which: (1) teratogenic or mutagenic substances are handled or transported; (2) there is a risk of exposure to sources of ionizing radiation capable of contaminating the working environment; (3) there exist abnormal atmospheric pressure or harmful thermal conditions; (4) the muscular effort required may affect conception; (5) the work is carried out on maritime drilling towers or platforms; (6) the work is carried out underwater, underground or in open cast mines; (7) the work is carried out in confined spaces; (8) the work involves welding; and (9) other activities are carried out which are determined to be hazardous or unhealthy by the law. Under section 159 of the Federal Regulations on occupational safety, health and the working environment, young persons between the ages of 14 and 16 years may not be engaged in the hazardous and unhealthy types of work referred to in section 154 of the Act.

The Committee notes that certain of the provisions referred to above, establish the age of 18 years for admission to types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons (sections 175 and 160 of the Federal Labour Act and section 202 of the Federal Penal Code). Furthermore, it notes that the age established for admission to hazardous and unhealthy types of work is 16 years. It notes the information provided by the Government in its report that the provisions respecting the special protection of young persons, and particularly those relating to types of hazardous work, are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, 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 applies to all children under 18. The Committee draws the Government’s attention to the fact that Paragraph 4 of Recommendation No. 190 provides that national laws or regulations or the competent authority, after consultation with the workers’ and employers’ organizations concerned, may authorize employment or work from the age of 16 on condition that the health, safety and morals of the children concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform types of hazardous work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

The Committee finally notes the Government’s indication that the Confederation of Mexican Workers (CTM), the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN) and the Employers’ Confederation of the Republic of Mexico (COPARMEX) participate in consultations on the aspects of concern to them.

Article 4, paragraph 2. Identification of where types of hazardous work exist. The Government indicates that labour inspectors, in accordance with sections 8 and 12 of the General Regulations on inspection and the application of sanctions for violations of the labour legislation, supervise the application of labour standards in all workplaces. It requests the Government to provide information on the results achieved with regard to the identification of the types of hazardous work so determined.

Paragraph 3. Periodical examination and revision of the list of types of hazardous work determined. The Committee notes that the Government’s indication that, in the context of the Planning Act, consultations were held with employers’ and workers’ organizations with a view to updating the labour legislation. It requests the Government to provide information on any new types of hazardous work that are determined.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. The Government indicates that the worst forms of child labour envisaged in Article 3(a), (b) and (c) of the Convention are classified as crimes. The Attorney-General of the Republic and the Ministry of Public Safety are responsible for their monitoring and enforcement. For this purpose, they have established monitoring mechanisms for these crimes. In this respect, on 7 November 2000, the Special Coordinating Unit for the Trafficking of Young Persons, assigned to the specialized unit on organized crime of the Attorney-General of the Republic, commenced operations. In May 2001, the preventive federal police, under the responsibility of the specialized unit, established the Mexican Electronic Police Unit. This Unit is composed of a team of experts responsible for locating exploitation networks on the Internet. One of the special functions of this Unit is to assist in seeking and identifying denunciations at the national level, and to establish a database on sexual exploitation. With regard to Article 3(d) of the Convention, the Government indicates that the Ministry of Labour and Social Insurance, through the labour inspectorate, is responsible for controlling and enforcing labour standards. Under section 132 XXIV of the Federal Labour Act, the employer has to allow the inspection and control of the establishment by labour inspectors. Under section 173 of the Federal Labour Act, work by persons between 14 and 16 years of age is subject to the control and special protection of the labour inspectorate. Noting the information provided by the Government, the Committee requests it to provide information on the activities and operation of the Special Coordinating Unit for the Trafficking Of Young Persons, the Mexican Electronic Police Unit and the labour inspection services, and to provide relevant reports and documents.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, in the context of its National Social Development Plan (2001-2006), the Government has established, in consultation with the various social groups, the following programmes: the National Programme on the Rights of Children and Young Persons, the Inter-Institutional Programme for the Protection of Young Persons in Border Areas and the Programme for the Protection and Development of Children in Economic Activities. The Committee requests the Government to provide information on the impact of these programmes on the elimination of the worst forms of child labour and the results achieved.

Article 7, paragraph 1. Penalties. The Committee notes that the Federal Penal Code provides for sentences of imprisonment for violations of the prohibition of the worst forms of child labour. Under the terms of section 364 II of the Code, a sentence of imprisonment of between six months and three years and a fine of between 25 and 100 days is established for violations of the rights and guarantees set forth in the Constitution, including the prohibition of slavery. In accordance with section 365 I and II of the Penal Code, a penalty of between three days and one year of imprisonment and a fine of between 5 and 100 pesos must be imposed on any person found guilty of having compelled another person to perform work or provide a service, without the corresponding remuneration, by means of physical or moral violence, deception, intimidation or any other manner; or who concludes with a third person a contract depriving that person of freedom or imposing conditions constituting a form of servitude, or who takes control of a person and transfers that person to a third party with a view to the latter concluding such an agreement. Furthermore, section 201 of the Penal Code provides that any person who commits the crime of the corruption of young persons is liable to a sentence of imprisonment of between five and ten years and a fine of between 500 and 2,000 days. Section 201bis(3) of the Penal Code provides that any person who proposes that another person should engage in sexual relations with a young person under 18 years of age is liable to a sentence of imprisonment of from five to 14 years and a fine of between 100 and 1,000 days. Under section 201bis, any person who is found guilty of having compelled or induced another person to engage in corporal, lascivious or sexual performances, with a view to filming, photographing or exhibiting them in printed or electronic form, is liable to a sentence of imprisonment of from five to ten years and a fine of between 1,000 and 2,000 days. Under the terms of section 201bis of the Penal Code, a sentence of imprisonment of from eight to 16 years and a fine of from 3,000 to 10,000 days may be imposed, together with the confiscation of the objects, instruments or products of the crime, on any person who administers or supervises any type of criminal association whatsoever with a view to undertaking the actions envisaged in the previous paragraphs involving young persons under 18 years of age. Furthermore, sections 194 I, II and III of the Penal Code establishes a sentence of imprisonment of between ten and 25 years and a fine of between 100 and 500 days for any person found guilty of producing, manufacturing or trafficking drugs or other similar substances. The Committee notes that, in accordance with section 196 II and III of the Federal Penal Code, the penalties applicable for the crimes set forth in section 194 of the Code are increased by half in cases where the victim is a young person or the young person is used with a view to committing one of the crimes.

The Committee also notes that the Federal Labour Act establishes administrative penalties in relation to hazardous and unhealthy types of work. Section 995 of the Act provides that any employer in breach of the standards governing the work of young persons shall be liable to a fine of between three and 155 times the general minimum wage; section 996 of the Act provides that any employer in breach of protective labour provisions in hotels, restaurants, bars and other similar establishments shall be liable to a fine of between three and 155 times the general minimum wage. The Committee requests the Government to provide information on the application of these penalties in practice.

Paragraph 2. Effective and time-bound measures. Noting that the Government has not provided information concerning Article 7, paragraph 2(c), (d) and (e) of the Convention, the Committee requests it to provide detailed information on the effective time-bound measures adopted to: (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take account of the special situation of girls.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Government indicates that the Attorney-General of the Republic and the Ministry of Public Security are the authorities responsible for the application of the provisions respecting the worst forms of child labour set out in Article 3(a), (b) and (c). With regard to hazardous work, the Ministry of Labour and Social Insurance is the authority responsible for the application of labour standards.

Parts IV and V of the report form. Application of the Convention in practice.  The Committee notes that, during the course of 2001 and the period from January to June 2002, the Ministry of Labour and Social Insurance carried out a total of 51,517 inspections and identified the presence of 463 young persons working, who are not engaged in the worst forms of child labour. The Committee also notes that, from January to March 2003, the labour inspection services carried out 2,863 inspections and did not identify the presence of young workers. The Committee notes that the statistics and data do not specifically cover the worst forms of child labour. It therefore requests the Government to provide 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, prosecutions and convictions. To the extent possible, all information provided should be disaggregated by sex.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its previous observation, the Committee notes the comments provided by the Government in reply to the matters raised in the communication of the International Confederation of Free Trade Unions (ICFTU) dated 13 March 2002. With reference to its comments under the Forced Labour Convention, 1930 (No. 29), relating to the sale and trafficking of children for sexual exploitation, including prostitution, and as Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182), provides that the term "the worst forms of child labour" comprises "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the problem of the sale and trafficking of children for sexual exploitation, including prostitution, may be examined more specifically in the context of Convention No. 182. It requests the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the elimination of the worst forms of child labour is one of the Government’s priorities. It notes that it is taking various measures, both at the legislative level and through technical cooperation, to eliminate the worst forms of child labour. It notes in particular that at the end of 1998 the Government established an inter-institutional commission composed of 30 government organizations and civil society with a view to adopting a National Action Plan to prevent and eliminate the commercial sexual exploitation of children. In November 2001, the Government developed a mechanism for national coordination in relation to the prevention, protection and elimination of the commercial sexual exploitation of children (ESCI). The Committee also notes the Government’s indication that an analysis of the legal framework covering the commercial sexual exploitation of children was undertaken in 2002. Based on this analysis, a Bill has been formulated. Furthermore, it notes that the possibility of adopting legislation on the use of young persons for prostitution and pornography was envisaged in 2003. Finally, since the ratification of the Convention, the Government has undertaken national campaigns to raise the awareness of the population, particularly in relation to child pornography and prostitution ("OPEN YOUR EYES" and "OPEN YOUR EYES, BUT DON’T STAY SILENT")and the trafficking of children. The Committee requests the Government to provide information on any progress achieved in relation to the adoption of the above Bill.

Article 3. Worst forms of child labour. Clause (a). Sale and trafficking of children for prostitution. In its observations under Convention No. 29, the Committee noted the comments of the International Confederation of Free Trade Unions (ICFTU) reporting the trafficking of women and young girls within the country and abroad for the purposes of forced prostitution. The Committee noted the Government’s indication that there is no other information supporting the generalizations made by the ICFTU and that it is not therefore possible to ascertain their truth.

The Committee noted that, according to a study carried out in six cities with the support of UNICEF, around 16,000 boys and girls are victims of commercial sexual exploitation. The objective of the study was to identify the role, scope and operational methods of networks of organized crime in the procuring, trafficking and exploitation of boys and girls. The Committee also noted the report submitted by the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2003/85/Add.2, of 30 October 2002) following an official mission carried out in Mexico. In this report, the Rapporteur expressed concern at the "corruption closely linked to transnational organized crime, and in particular gangs engaged in the trafficking and smuggling of persons". The Rapporteur also referred to the General Population Act under which sentences of imprisonment of up to ten years may be imposed and which can also be applied to victims of trafficking and smuggling. The Committee notes that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while being aware of the measures taken by the Government concerning "repatriated children" (menores fronterizos), remained particularly concerned that a great number of these children are victims of trafficking networks which use them for sexual or economic exploitation. It also expressed concern about the increasing number of cases of the trafficking and sale of children from neighbouring countries who are brought to Mexico to be engaged in prostitution. In this respect, it recommended that the Government continue taking effective measures on an urgent basis to protect Mexican migrant children, to strengthen law enforcement and to implement its national programme of prevention. In an effort to combat effectively the inter-country trafficking and sale of children, the Committee on the Rights of the Child suggested that the Government increase its efforts in the area of bilateral and regional agreements with neighbouring countries to facilitate the repatriation of trafficked children and encourage their rehabilitation. It also endorsed the recommendations made by the Special Rapporteur on the sale of children, child prostitution and child pornography (E/CN.4/1998/101/Add.2) with regard to the situation of children living in border areas.

The Committee notes that section 205 of the Federal Penal Code provides for a sentence of imprisonment of from five to 12 years and a fine of from 100 to 1,000 days for any person who encourages, misleads or procures a person to be engaged in prostitution within or outside the national territory. Under section 366III of the Federal Penal Code, any person who deprives a young person under 16 years of age of her or his freedom with a view to removing her or him outside the national territory and obtaining gain from her or his sale or session shall be liable to a sentence of imprisonment of between 25 and 50 years and a fine of between 4,000 and 8,000 days. It also notes that, under section 366ter of the Federal Penal Code, any person who, with the consent of an ascendant exercising parental authority or an individual responsible for bringing up a young person, transfers illicitly the young person to a third party with a view to undue economic gain shall be liable to a sentence of imprisonment of between two and nine years and a fine of from 200 to 500 days. The Committee further notes that section 2V of the Federal Act against organized crime provides that, in cases where three or more persons agree or organize themselves to commit, permanently or repeatedly, acts for the purpose or with the result of the commission of the offences set out in section 366 (abduction) and section 366ter (trafficking of persons) of the Federal Penal Code shall be penalized as members of an organized group. Section 29 of the Federal Labour Act prohibits the use of young persons under 18 years of age for the provision of services outside the Republic.

The Committee draws the Government’s attention to the fact that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour in respect of persons under the age of 18 years. The Committee notes that section 366III of the Federal Penal Code covers young persons under 16 years of age. It also notes the Government’s indication that, with regard to section 366ter of the Federal Penal Code, the term "young person" means a person under 16 years of age. The Committee notes that, although the Government has adopted several measures to combat the sale and trafficking of children, particularly for sexual exploitation, the problem persists. Indeed, there is abundant information reporting the trafficking of persons, including persons under 18 years of age, for sexual exploitation. The Committee therefore requests the Government to increase its efforts to secure the protection of children against sale and trafficking for sexual exploitation, including prostitution. It also asks the Government to take the necessary measures to extend the prohibition of the sale and trafficking of young persons to all girls and boys under 18 years of age. It further requests the Government to provide information on the imposition of penalties in practice, by providing, among other information, reports on the number of convictions.

Clause (c). Use, procuring or offering of a child for illicit activities. In its communication, the ICFTU indicated that certain children are engaged in begging. The Committee recalls that, under Article 3(c) of the Convention, the use, procuring or offering of a person under 18 years of age for illicit activities, including begging, is considered to be one of the worst forms of child labour. The Committee notes that section 201 of the Federal Penal Code provides for a sentence of imprisonment of between three and five years and a fine of between 50 and 200 days for any person who compels or encourages another person to engage in begging. It requests the Government to provide information on the application in practice of section 201 of the Penal Code.

Clause (d). Types of hazardous work. In its communication, the ICFTU indicated that most working children are engaged in agriculture or in informal urban activities, such as trading. The Committee notes the study of the national system for the integral development of the family (DIF) undertaken in 100 cities in Mexico. This study shows that 114,497 young persons under 17 years of age work and live in the streets. It is estimated that, solely in the city of Mexico, a city which is not covered by the study, there are 140,000 young persons working in the streets. The study adds that 90 per cent of the girls, boys and young persons working in the streets, markets, transport terminals, squares, parks and kiosks work on their own account and provide for the subsistence of their families.

The Committee notes that, in its concluding observations on the second periodic report of Mexico in November 1999 (CRC/C/15/Add.112, paragraphs 30 and 32), the Committee on the Rights of the Child, while welcoming the fact that measures have been taken for the elimination of child labour, noted with concern that economic exploitation remains one of the major problems affecting Mexican children. It expressed particular concern that only "street children" are categorized as "working children". It considered that this misconception affected the scope and perception of this social phenomenon. In this regard, it expressed particular concern that a large number of children are still involved in labour activities, especially in the informal economy and in agriculture, as well as at the insufficient law enforcement and the lack of adequate monitoring mechanisms. The Committee on the Rights of the Child recommended that the Government reconsider its position regarding the issue of child labour. The situation of children involved in hazardous labour, especially in the informal sector, deserves special attention. It also recommended that the legislation on child labour should be enforced, the labour inspectorate strengthened and penalties imposed in cases of violation.

The Committee notes likewise that, under the terms of sections 7, 8 and 20, among others, of the Federal Labour Act, the Act only applies to relations between employers and workers. The Committee considers that children working on their own account, such as street children, could be at special risk. It is very concerned at the number of working children in the agricultural sector, in informal urban activities, such as trading, and those working on their own account. It therefore requests the Government to provide information on the measures taken or envisaged to ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals. It also requests the Government to provide a copy of the study on working girls, boys and young persons carried out by the DIF.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Commercial sexual exploitation. The Committee notes that the national system for the integral development of the family (DIF) has taken measures to provide assistance to girls, boys and young persons who are victims of commercial sexual exploitation and to eliminate this phenomenon. For example, the National Coordination Unit for the Prevention and Elimination of the Commercial Sexual Exploitation of Children has been established. A Plan of Action for the prevention and elimination of the commercial sexual exploitation of children has also been formulated. Furthermore, a Bilateral San Diego/Tijuana Committee to address this problem was created in November 2001. The Committee notes the progress and action taken by the Government, and particularly the formulation by the Ministry of Labour and Social Insurance, in collaboration with ILO/IPEC, of a Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation. The Programme commenced on 30 September 2002 and will be completed on 31 March 2005. The Committee requests the Government to provide information on the activities of the Bilateral San Diego/Tijuana Committee. It also requests it to provide information on the impact of the Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation and the results achieved.

2. Various programmes to prevent and eliminate child labour in the marginalized urban sector. The Committee notes the Government’s indication that the Ministry of Labour and Social Insurance has implemented various programmes to prevent and eliminate child labour in the marginalized urban sector and daily work by young persons in the agricultural sector, including the Programme of assistance and prevention for boys, girls and young persons living in the streets; the Programme to prevent, address and eliminate child labour in the marginalized urban sector; and the Programme for compliance with the rights of girls and boys who are children of daily workers in the agricultural sector and for the prevention of child labour (PROCEDER). The Committee requests the Government to provide information on the impact of these programmes in eliminating the worst forms of child labour, and particularly the manner in which they ensure that young persons under 18 years of age working on their own account, such as street children, are not engaged in the worst forms of child labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its communication, the ICFTU indicated that the Government, in cooperation with UNICEF, has undertaken to address the problem of child labour, particularly in the urban informal economy, by facilitating access to education. In 1992, the number of years of compulsory schooling rose from six to nine. Nevertheless, the scope of the problem remains immense. At the present time, only six out of ten children complete their elementary education. The ICFTU referred to a report by the national education administration indicating that 1.7 million children of school age are unable to receive education as poverty makes it imperative for them to work. The ICFTU also indicated that, in the specific case of indigenous children, access to education is difficult as teaching is normally provided only in Spanish and many indigenous families only speak their mother tongue. Child labour is relatively higher among the indigenous population than in non-indigenous groups.

The Committee notes the information provided by the Government. It notes in particular that the Ministry of Public Education is developing various strategies and actions to promote greater equity in education. Among others, it has implemented the Programme for the education of migrant girls and boys and the Programme to encourage innovation in basic education. Furthermore, it envisages educational assistance for street children. The Government adds that the Ministry of Social Development, in the context of the "Contigo" strategy, has developed the "Opportunities" social and human development programme. This programme adopts the approach that, to prevent school failure and engagement in the worst forms of child labour, it is necessary, among other measures, to provide children and young persons living in conditions of poverty with free and full access to education and to health services. The "Opportunities" programme recently extended its coverage to urban areas so as to emphasize child labour in the informal economy. According to recent evaluations, the "Opportunities" programmehas contributed, through the provision of grants, to decreasing child labour by 14 per cent for boys and 15 per cent for girls.

The Committee also notes that, under the terms of article 3 of the Constitution, every person is entitled to receive an education. The State - the federation, the states, the federal district and the municipalities - has to provide pre-school, primary and secondary education, which constitutes the compulsory basic education. It also notes that under article 3 of the Constitution and section 6 of the General Education Act, the education provided by the State is free of charge. Furthermore, under section 22 of the Federal Labour Act, it is prohibited to employ young persons between 14 and 16 years of age who have not completed their compulsory schooling.

The Committee takes due note of the efforts made by the Government in the field of education, which appear to have resulted in a decrease in child labour. The Committee is of the view that education contributes to eliminating the worst forms of child labour. It encourages the Government to continue its efforts in this field and requests it to provide information on the effective and time-bound measures taken to ensure that access to basic education and vocational training is used as an effective means of preventing the engagement of children in the worst forms of child labour. The Committee also requests the Government to provide additional information on the "Opportunities" programme and to supply statistical data on the school attendance rate in Mexico.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes that one of the four strategic components of the Programme of action to combat the commercial sexual exploitation of children and to protect victims of this form of exploitation is to provide direct assistance to 300 boys, girls and young persons who are victims of commercial sexual exploitation or at risk in the cities of Acapulco, Guadalajara and Tijuana. Furthermore, special measures are envisaged for the families of these 300 children. The Committee requests the Government to provide information on the impact of this programme on the rehabilitation and social integration of the children following their removal from work.

Article 8. Enhanced international cooperation and/or assistance. The Government indicates that, with a view to combating the trafficking of young persons and the commercial sexual exploitation of children, the national central Office of Interpol in Mexico, attached to the Federal Investigation Agency of the Attorney-General of the Republic, exchanges information with the member States of the Organization relating to the identification and location of young persons, the criminal records of foreign nationals involved in illicit activities involving young persons in Mexico and the provisional detention of nationals who have committed offences and are to be extradited. It adds that the General Directorate for the Prevention of Crime and Community Services of the Attorney-General of the Republic is also taking measures to combat the trafficking of young persons and the commercial sexual exploitation of children. With a view to locating lost or absent boys, girls and young persons more easily, the Directorate distributes identification cards and establishes community collaboration committees to prevent the trafficking of young persons and their commercial sexual exploitation. The Government adds that the World Bank has financed several programmes, including projects on basic education (1999-2001). Noting the information provided by the Government, the Committee requests it to provide further information on technical cooperation projects, including support for social and economic development, poverty eradication programmes and universal education, as well as bilateral and international cooperation relating to the trafficking of children.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s first report received on 25  September 2002 and a communication dated 13 March 2002 from the International Confederation of Free Trade Unions (ICFTU), containing comments on the observance of the Convention. A copy of the ICFTU communication was transmitted to the Government on 18 July 2002 for any comments which it might wish to make on the questions raised therein.

In its comments, the ICFTU alleged that child labour law sets the minimum age for admission to employment or work at 14 years, which would be fairly well observed in the formal sector, principally in large and medium-sized companies. However, the enforcement of this minimum age of 14 years would be less adequate in small companies and in agriculture and, particularly, in the informal sector. The ICFTU referred to some recent reports which would suggest a total of approximately 5 million working children, 2 million of whom are under 12 years old. The majority of working children work for or with their parents and relatives, often in agriculture or informal urban activities such as vending. Some children are occupied as beggars.

In its communication, the ICFTU also alleged that the Government, in cooperation with UNICEF, has been undertaking efforts to address child labour, including in urban informal work and through increased access to education. In 1992, the number of years of free, obligatory school education was increased from six to nine. However, the scale of the problem remains huge. Only six out of ten primary-school children actually complete school. The ICFTU indicated that the national education authority reported that 1.7 million school-aged children are unable to receive an education because their poverty forced them to work. The ICFTU also indicated that in the particular case of indigenous children, access to education is very poor, because education is generally available only in Spanish and many indigenous families would speak only their native languages. The incidence of child labour is relatively higher than for the non-indigenous population.

In its response to the comments made by the ICFTU dated 26 November 2002, the Government has indicated that this year it has presented the first report on the application of the Convention. While noting this indication, the Committee requests the Government to reply to the comments made by the ICFTU.