Forced Labour Convention, 1930 (No. 29) - Mexico (Ratification: 1934)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mexico (Ratification: 2023)

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

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The Committee welcomes Mexico’s ratification of the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations made by the Authentic Workers’ Confederation of the Republic of Mexico (CAT) and the Confederation of Workers of Mexico (CTM), sent with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Systematic and coordinated action. The Committee requested the Government to continue its efforts to combat trafficking, in particular with a view to strengthening the capacity and cooperation of the competent bodies. The Committee notes the adoption in 2021 of the internal regulations of the Inter-ministerial Committee for the prevention, punishment and eradication of crimes relating to trafficking in persons and for assistance for victims (Inter-institutional Committee), which is responsible for defining, coordinating and evaluating the implementation of State policy on trafficking in persons. This Committee adopts annual reports and a work programme (PACTI) to determine the activities to be carried out during the year.

The Committee also welcomes the detailed information provided by the Government regarding: (i) strengthening social and economic support programmes, with a view to reducing marginalization and poverty, which increase the risk of people falling victim to various forms of forced labour; (ii) the various communication and awareness-raising activities carried out by the authorities and the production of information materials; (iii) the adoption of the National Training Programme on trafficking in persons, the main objective of which is to develop skills and knowledge to improve the authorities’ efforts to prevent, identify and prosecute offences and to protect victims; (iv) strengthening the legislative framework and/or establishing coordination committees at state level (20 out of 32); (v) the adoption of the Simplified Guide for victim assistance, which outlines the process to be followed, the Protocol on consular assistance for Mexican victims of trafficking in persons abroad and the Protocol for identifying and assisting migrant victims of trafficking in persons in Mexico; (vi) measures to inform and assist migrants in transit through the country.

The Committee notes that the CAT, in its observations, emphasizes that despite the laws in force, trafficking in persons remains a problem in the country and that the Government must continue to carry out controls in high-risk areas and pursue its efforts to inform and raise awareness among the population, the business sector and government institutions of the issues involved in trafficking in persons.

The Committee notes that in its 2023 report on trafficking in persons, the National Human Rights Committee (CNDH) emphasizes that trafficking in persons remains a complex challenge as Mexico is a country of origin, transit and destination for victims of trafficking. This complex situation calls for a global response and greater collaboration. The CNDH also considers that the lack of information and consensus on the true scale of trafficking is one of the greatest obstacles to its eradication.

In this regard, the Committee notes from the information available on the website of the Inter-ministerial Committee that a National Programme for the Prevention, Punishment and Eradication of Crimes relating to Trafficking in Persons and for the Protection of Victims has been adopted, covering the period 2022–24 (the last programme was adopted in 2018). The programme is based on the observation that, as has been established in a number of analytical studies, gaps exist in the manner in which trafficking in persons has been addressed in Mexico, both in terms of the application of the General Act of 2012 aimed at preventing, punishing and eradicating trafficking offences and protecting and assisting victims, and in terms of operational responses in a country where situations such as migration, historical discrimination against certain populations, gender inequality and the criminalization of poverty coexist. The Committee is pleased to note that, on the basis of the various assessments produced and the competent authorities’ annual reports, the National Programme seeks to respond to the ongoing challenges and directs national action towards the following five priority objectives:

• promote reform of the legislative framework;
• establish the basis for coordinating the eradication of trafficking;
• increase the support, social reintegration and full reparation of victims through the implementation of new instruments;
• promote the production of data on trafficking;
• promote the human rights of victims and potential victims from a gender perspective.

While welcoming all the measures taken by the Government, the Committee requests the Government to continue its efforts to ensure the implementation of the five strategic objectives of the National Programme. The Committee requests the Government to provide information in this regard and on any assessment of the measures taken in this context by the Inter-institutional Committee and in the reports of the National Human Rights Committee, indicating the recommendations made, the challenges identified and the measures envisaged to address them. Recalling that the country is subject to significant migratory flows, both of its own nationals and of workers from neighbouring countries, the Committee requests the Government to continue to take measures to inform workers of the risks of exploitation at work involving forced labour and to provide them with assistance and protection where they are victims thereof in order to enable them to assert their rights. Finally, noting that it is mentioned in the National Programme that the Protection and Assistance Fund for victims of trafficking in persons provided for in the General Act of 2012 has not been established, the Committee requests the Government to indicate how reparation for victims is ensured.

Article 25. Enforcement and adequate penalties. The Committee notes the detailed information provided by the Government concerning the judicial proceedings opened for the crime of trafficking for the period August 2017–July 2021, taken from the 2021 annual report of the CNDH. It notes that the crime rate doubled between 2017 and 2021. The 32 public prosecution agencies of the different states and the Prosecutor General’s Office recorded a total of 3,226 cases under investigation, 2,863 at local level and 363 at federal level. In seven such cases, the person under investigation is a public servant. At the local level, 296 persons received final convictions, including 187 men and 109 women. According to the report, a total of 292 victims were reported, including 225 women, 29 men, and no information is available as regards the remaining 38 victims. In addition, 62 final convictions were handed down at the federal level. The Committee notes the Government’s indication that in 2019 a former police officer was convicted of trafficking and sentenced to a lengthy prison term. The Committee also notes that the Government has carried out a large number of activities to strengthen the capacity of the law enforcement authorities to identify and prosecute cases of trafficking in persons for both labour and sexual exploitation. It notes in particular the action taken in this area by the Unit specialized in offences of violence against women and trafficking in persons (FEVIMTRA), which has adopted a road map for coordination between the Prosecutor General’s Office and the states’ public prosecution agencies in order to respond to suspected cases of trafficking and to rescue victims.

The Committee notes that, in its report, the CNDH refers to fear of reporting trafficking in persons and a lack of a culture of reporting, which leaves the door wide open to impunity for this crime. There are also no appropriate victim support or complaints mechanisms in place. In addition, the National Programme reports a high level of injustice and impunity in relation to the various forms of trafficking in persons, due to difficulties in applying the legislative framework. According to the Programme, the General Act of 2012 includes a number of offences relating to trafficking in persons, creating confusion for justice officials. Certain situations involving trafficking are classified as related offences and vice versa.

The Committee urges the Government to continue to take the necessary steps to strengthen the coordination and capacity of the police authorities, the labour inspectorate and the Prosecutor General’s Office to ensure that cases of trafficking, both for sexual and labour exploitation, are properly identified, investigated and prosecuted. The Committee requests the Government to provide information on the measures taken to overcome the difficulties identified in the National Programme with regard to the use of the General Act of 2012 by justice officials to prosecute and try cases of trafficking, as well as statistical information on proceedings initiated and convictions handed down. Lastly, the Committee requests the Government to continue to take all necessary measures to punish instances of complicity by public servants in cases of trafficking.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework to combat trafficking in persons. The Committee previously encouraged the Government to pursue its efforts to combat trafficking in persons, including through the implementation of the legal and institutional framework provided for in the 2012 General Act for the prevention, punishment and eradication of offences related to trafficking in persons and protection and assistance for the victims of such offences, and its corresponding second National Programme for 2014–2018. It noted that, according to the assessment carried out in the framework of the National Programme, emphasis was placed on the issue of strengthening coordination and collaboration between the various institutions of the judicial, legislative and executive authorities, and requested the Government to indicate the measures taken in this respect by the Secretariat of the Interior, as well as those taken to continue strengthening the capacities of the Inter-Ministerial Committee set up to prevent, penalize and eradicate trafficking in persons.

The Committee notes that the Government, in its report, refers to the 2015 and 2016 annual reports of the Inter-Ministerial Committee, as well as to the report on the activities of the National Programme. The Committee notes from these reports that an important number of awareness-raising and capacity-building activities have been undertaken at the federal and states levels, as well as dissemination of information materials to the general public. It notes in particular that, from 2013 to 2018, a total of 153,548 persons have been trained and sensitized to the issue of trafficking in persons by the National Institute for Migration which carried out 4,648 activities in commercial establishments, with the purpose of preventing trafficking in persons and, where appropriate, detecting foreigners in a situation of irregular migration. The Committee notes that, in its observations, communicated with the Government’s report, the Confederation of Employers of the Mexican Republic (COPARMEX), considers of great importance all the measures that the federal Government has taken, in coordination with the states, to attack in a frontal way trafficking in persons. Observing that the second National Programme for the Prevention, Punishment and Eradication of Offences related to Trafficking in Persons and Protection and Assistance for Victims ended in 2018, the Committee notes the adoption of the 2019 annual programme of work of the Inter-Ministerial Committee (PATCI), aiming in particular at the setting up of a group responsible for the elaboration of the Inspection Protocol to prevent and detect trafficking in persons in workplaces published in 2017 by the Ministry of Labour and Social Welfare. The Committee notes however that the National Human Rights Commission, in its 2019 report on the diagnosis on the situation of trafficking in persons in Mexico, considered that there is a lack of a comprehensive approach, planning and evaluation of the actions carried out in the framework of the Inter-Ministerial Committee. It further notes that in its 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about: (i) the lack of harmonized and coordinated mechanisms at the state and municipal levels to ensure the effective implementation of the 2012 Act; (ii) the lack of a comprehensive anti-trafficking strategy; as well as (iii) insufficient coordination with neighbouring countries in relation to the prevention of trafficking (CEDAW/C/MEX/CO/9, 25 July 2018, paragraph 29). The Committee notes that in the framework of the Universal Periodic Review, the UN Human Rights Council also recommended that the Government take further steps to improve the coordination on the implementation of a national policy to prevent, eradicate and punish human trafficking, and strengthen the anti-trafficking committees’ and specialized units’ human and financial resources to respond more effectively to cases of trafficking in persons (A/HRC/40/8, 27 December 2018, paragraph 132). The Committee requests the Government to pursue its efforts to combat trafficking in persons. It requests the Government to continue to provide information on the measures taken on the prevention, detection, assistance, protection and repatriation of trafficking victims, and the prosecution and punishment of perpetrators, including in the framework of any new National Programme on trafficking in persons, as well as on any assessment made on the impact of such measures. Taking due note of the measures taken, the Committee also requests the Government to continue to strengthen the capacities of the various institutions of the judicial, legislative and executive authorities at the federal and state levels, including the Inter-Ministerial Committee. It further requests the Government to strengthen coordination and collaboration between these institutions and cooperation with neighbouring countries to prevent trafficking in persons.

2. Involvement of public servants in trafficking in persons. The Committee refers to its previous comments concerning allegations of complicity and direct participation by law enforcement officers in trafficking in persons, where it noted that the National Programme specifies that the Government should make transparency one of the main elements of the new relationship between the Government and society to ensure greater accountability and combat corruption. It notes the Government’s indication that according to the activities of the Unit specialized in offences of violence against women and trafficking in persons (FEVIMTRA) within the Public Prosecutor’s Office, from July 2015 to May 2018, one investigation was carried out for the crime of trafficking in persons in the form of forced labour or services in which a public servant was identified as likely responsible. The Committee further notes, from the 2019 report of the National Human Rights Commission on the Diagnosis on the situation of trafficking in persons in Mexico, that from June 2012 to July 2017, out of the total number of investigations initiated, the participation of civil servants in cases of trafficking in persons was reported in eight preliminary inquiries and investigation files. The Committee further notes that several United Nations Treaty Bodies recently expressed concern about the reported complicity between state agents and international organized crime gangs and trafficking networks, and the resulting corruption and impunity (A/HRC/WG.6/31/MEX/2, 3 September 2018, paragraph 38; CEDAW/C/MEX/CO/9, 25 July 2018, paragraph 29; and CMW/C/MEX/CO/3, 27 September 2017, paragraph 21). The Committee trusts that the Government will take all the necessary measures to ensure that appropriate administrative and criminal investigations are conducted and, where appropriate, that public servants who are found guilty are punished with adequate sanctions. It requests the Government to continue to provide information on the number of cases where complicity and direct participation by law enforcement officers in trafficking in persons were identified, as well as on the sanctions imposed.

3. Protection of victims. The Committee previously noted that the 2012 Act establishes in a detailed manner the rights and comprehensive protection that is to be afforded to victims (sections 59–83) and that, at the federal level, under the auspices of the Inter-Ministerial Committee, a Protocol has also been drawn up on the use of procedures and resources to rescue, assist and protect victims of trafficking, establishing specific guidelines for all the authorities involved from the identification of victims to their social reintegration. The Committee notes the Government’s statement that to enable the reinsertion of trafficking victims, the FEVIMTRA within the Public Prosecutor’s Office offers psychological, social and legal assistance through the Emergency Care Unit, in order to put an end to the isolation caused by the situation of trafficking. It further notes that the FEVIMTRA collaborates with the Mexican Commission for Assistance to Refugees (COMAR) in order to enhance victims’ access to the status of refugee. The Government adds that the Specialized Shelter for Comprehensive Care and Protection of Victims of Extreme Gender Violence and Trafficking in Persons of the Prosecutor General’s Office, also offers temporary shelter to provide medical, psychological, social and legal assistance to victims of trafficking in persons. The Committee notes that the National Institute for Migration Migrant Protection Groups, known as Betas, who are located in strategic points in 22 municipalities of nine states and aim at the protection and defence of the human rights of migrants, regardless of their nationality or immigration status, provided assistance to 533,633 migrants from July 2015 to May 2018, and legal assistance to 413 of them orientating complaints towards the competent authority. It notes that over this period, the National Institute for Migration provided training on the prevention and detection of possible victims of trafficking in persons and illicit treatment of migrants to 683 civil servants, and elaborated and disseminated, in collaboration with the International Organization for Migration, in 2016, a protocol for the detection, identification and care of migrant victims and possible victims of trafficking in persons in Mexico. The Committee further notes that, according to the 2016 activity report of the Inter-Ministerial Committee, 889 possible victims of trafficking were identified (194 by federal authorities and 695 by local entities) and that rescue operations were carried out to free 433 possible victims. The Committee notes that, in its 2018 concluding observations, the CEDAW was concerned about the insufficient assistance, rehabilitation and reintegration measures for victims, including the inadequate number of shelters and the limited access to counselling, medical treatment, psychological support and redress, such as compensation for victims of trafficking, in particular migrant women (CEDAW/C/MEX/CO/9, 25 July 2018, paragraph 29). The Committee also notes that, in its 2017 concluding observations, the UN Committee on Migrant Workers (CMW) expressed further concern about the presence of trafficking victims in migrant holding centres and recommended that the Government adopts effective mechanisms for the identification and referral of trafficking victims who may be detained in such centres (CMW/C/MEX/CO/3, 27 September 2017, paragraph 37). While noting the measures taken by the Government, the Committee expresses the firm hope that the Government will pursue its efforts to ensure the effective safety and protection of victims of trafficking throughout the country, in particular those placed in migrant holding centres, so that they are able to assert their rights before the competent authorities. It requests the Government to provide information on the measures taken to this end and to continue to provide information on the number of victims of trafficking in persons identified, the number of victims who have asserted their rights before the competent authorities, and the remedies granted for such victims.

Article 25. Adequate and strictly enforced penalties. In its previous comments, the Committee noted that the 2012 Act confers special powers to the Public Prosecutor’s Office and the police to combat trafficking in persons. It also noted that, according to the annual reports of the Inter-Ministerial Committee, one of the biggest obstacles to overcome was the impunity that surrounds the crime of trafficking in persons, despite the considerable increase in judicial proceedings in recent years as a result of the training activities undertaken, particularly at the federal level. The Committee notes the Government’s indication that the FEVIMTRA within the Public Prosecutor’s Office provided training for civil servants to better investigate crimes of trafficking in persons in the new criminal justice system and that several meetings and activities were undertaken in collaboration with the United States Department of Justice in 2016 and 2017, including for the staff of the Public Prosecutor’s Office, to strengthen coordinated actions in the fight against trafficking in persons between Mexico and the United States. The Government adds that from 2015 to 2018, the FEVIMTRA coordinated four national meetings of Prosecutors and Specialized Units on Trafficking in Persons with a view to better strengthening the strategies and links of an effective collaboration between federal and state authorities, and achieve better effectiveness in the investigation and prosecution of the crimes of trafficking in persons. The Committee however notes from the 2018 report of the National Human Rights Commission on the intervention of the labour inspectorates in the prevention of trafficking in persons and the detection of possible victims in agricultural fields, that 36.4 per cent of labour inspectorates did not report or did not take action or prevent possible cases of trafficking, while it was estimated that 32.6 per cent of workers in agriculture did not receive any compensation. According to the report, 60 per cent of labour authorities at states level have less than ten inspectors and 51.5 per cent of labour authorities did not provide information or did not carry out training action for labour inspectors in the area of trafficking in persons. The Committee notes, from the statistical information forwarded by the Government that, from 2015 to 2017, 3,576 victims of trafficking in persons were registered by the Government of whom 23.9 per cent were victims for forced labour purposes, and notes that, over the same period, the number of judicial sentences remained stable with a total of 377 judicial sentences, of which 11 for forced labour, 38 for labour exploitation and 2 for slavery. The Committee notes that, in its 2018 concluding observations, the CEDAW was concerned about the low prosecution and conviction rates in cases of trafficking and that, in its 2019 concluding observations, the UN Committee against Torture (CAT) recommended that the Government ensure that cases of human trafficking are thoroughly investigated, that the alleged perpetrators are prosecuted and, if convicted, punished with appropriate sanctions (CEDAW/C/MEX/CO/9, 25 July 2018, paragraph 29 and CAT/C/MEX/CO/7, 24 July 2019, paragraphs 60 and 61). In the light of the complexity of the crime of trafficking in persons, the Committee urges the Government to continue to take the necessary measures to strengthen the capacities of the police, labour inspectorate and public prosecution authorities to improve identification of the victims of trafficking, both for sexual exploitation and labour exploitation, to conduct thorough investigations and to gather the evidence required to prosecute and, in accordance with Article 25 of the Convention, impose really adequate penalties that are strictly enforced. In this regard, the Committee requests the Government to provide information on the number of judicial proceedings under way as well as the penalties imposed on perpetrators.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework to combat trafficking. The Committee previously encouraged the Government to pursue its efforts to combat trafficking in persons, including through the implementation of the legal and institutional framework provided for in the 2012 General Act for the prevention, punishment and eradication of offences related to trafficking in persons and protection and assistance for the victims of such offences. The Committee notes the detailed information provided by the Government on the steps taken to combat trafficking. It notes in particular that the Inter-Ministerial Committee set up to prevent, penalize and eradicate trafficking in persons publishes an annual report every year, compiling the information received from the competent judicial, legislative and executive bodies in the following six areas: legislative progress, prevention and awareness raising; inter-institutional cooperation; protection of victims; penalization of the offence; and international cooperation. It emerges from these reports that a large number of activities have been developed throughout the country, including training and capacity-building workshops conducted by federal bodies such as the National Institute for Migration, the federal police, the national judiciary (more than 10,000 public servants have taken part) and federated entities (34,000 public servants affected), awareness-raising campaigns, and the dissemination of information materials to the general public aimed at certain sectors, such as tourism, as well as migrant workers through consulates abroad. The Committee also notes the adoption on 30 April 2014 of the second National Programme for the Prevention, Punishment and Eradication of Offences related to Trafficking in Persons and the Protection and Assistance for Victims. This Programme, which covers the period 2014–18, contains an assessment of the situation in the fight against trafficking, which highlights: the inadequacy of the preventive measures taken to combat this crime; the lack of consistency in the care, protection and assistance afforded to victims; shortcomings of the authorities empowered to conduct investigations and legal proceedings; and the lack of accountability and access to information. Based on this assessment, the National Programme has four strategic objectives, with types of intervention (79 in all), strategies and indicators for each. The Committee hopes that the Government will continue taking the necessary measures to implement the four strategic objectives of the National Programme (prevention, protection of victims, effective penalization of the offence and accountability and access to information) and that it will regularly assess the measures taken in this context, in accordance with the provisions of sections 93 and 94 of the 2012 Act. Noting that, according to the assessment carried out in the framework of the National Programme, emphasis was placed on the issue of strengthening coordination and collaboration between the various institutions of the judicial, legislative and executive authorities, the Committee requests the Government to indicate the measures taken in this respect by the Secretariat of the Interior, as well as those taken to continue strengthening the capacities of the Inter-Ministerial Committee.

2. Involvement of public servants in trafficking in persons. In its previous comments, the Committee referred to allegations of complicity and direct participation by law enforcement officers in trafficking in persons. In this regard, the Committee notes that the Government only provides statistics on the administrative penalties imposed on officials of the National Institute for Migration for disciplinary offences, such as abuse of authority, mistreatment and negligence, as well as explanations on the disciplinary procedures applicable to such officials. The Committee recalls that victims of trafficking in persons are often in a situation of considerable vulnerability. It is therefore crucial for them to be able to trust the authorities responsible for their protection. The Committee notes that the National Programme specifies that the Government should make transparency one of the main elements of the new relationship between the Government and society to ensure greater accountability and combat corruption. The Committee trusts that the Government will take all the necessary measures to ensure that the appropriate administrative and criminal investigations are conducted and, where appropriate, that public servants who are found guilty are punished.

3. Protection of victims. The Committee notes that the 2012 Act establishes in a detailed manner the rights and comprehensive protection that is to be afforded to victims (sections 59 to 83). It notes that, according to the 2014 activity report of the Inter-Ministerial Committee, 1,481 victims were identified (437 by federal authorities and 1,044 by state entities). Moreover, 1,108 operations were carried out, freeing 789 persons who were able to benefit from 20,328 protection and assistance measures. At the federal level, under the auspices of the Inter-Ministerial Committee, a Protocol has also been drawn up on the use of procedures and resources to rescue, assist and protect victims of trafficking, establishing specific guidelines for all the authorities involved from the identification of victims to their social reintegration. The Committee hopes that the Government will continue taking measures to ensure the safety and protection of victims of trafficking throughout the country, so that they are able to assert their rights before the competent authorities. Please also indicate the measures taken to promote the reintegration of victims, particularly Mexican victims returning to the country.

4. Article 25. Adequate and strictly enforced penalties. In its previous comments, the Committee noted that the 2012 Act confers special powers to the Public Prosecutor’s Office and the police to combat trafficking in persons and it requested the Government to provide information on the judicial proceedings under way and on the convictions that have been handed down under the Act. The Government indicates that the staff of the unit specializing in offences of violence against women and trafficking in persons (FEVIMTRA) within the Public Prosecutor’s Office is regularly provided with training and that, between July 2014 and June 2015, 107 training activities were carried out by the Public Prosecutor’s Office with a view to a more effective contribution to investigations and care for victims. The Government also indicates that, between June 2012 and June 2015, nine court rulings were issued under provisions of the Penal Code criminalizing trafficking, including seven convictions. In five cases, the court ordered the persons found guilty to provide redress for the prejudice suffered by the victim. Moreover, as of 30 June 2015, 73 criminal proceedings had been initiated under the 2012 Act. The Committee notes that the annual reports of the Inter-Ministerial Committee emphasize that one of biggest obstacles to overcome is the impunity that surrounds the crime of trafficking in persons, despite the considerable increase in judicial proceedings in recent years as a result of the training activities undertaken, particularly at the federal level. In the light of the complexity of the crime of trafficking in persons, the Committee requests the Government to continue taking the necessary measures to strengthen the capacities of the police, labour inspection and public prosecution authorities to improve identification of the victims of trafficking, both for sexual exploitation and labour exploitation, to conduct thorough investigations and to gather the evidence required to prosecute and, in accordance with Article 25 of the Convention, impose really adequate penalties. In this regard, the Committee requests the Government to indicate the measures taken to ensure greater coordination among the various state bodies in this area and to provide information on the judicial proceedings under way, the convictions handed down and the manner in which the victims have been compensated for the prejudice suffered.

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

The Committee notes the adoption of the General Act of 14 June 2012 concerning the prevention, punishment and elimination of offences connected with the trafficking of persons and protection and assistance for the victims of such offences. It notes that the Act not only makes the trafficking of persons a criminal offence but also criminalizes a number of related offences such as slavery, debt bondage, the imposition of forced labour or services, and the exploitation of labour. The Act also establishes a comprehensive legal and institutional framework for combating these offences, and establishes the competence, powers and coordination of the various players involved in the prevention and punishment of these offences and also in the protection of the victims. The Committee notes with interest that this new Act enables a comprehensive body of legislation to be used against all forms of forced labour, as defined by Article 2(1) of the Convention.

Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Strengthening of the legislative and institutional framework. The Committee refers to its previous comments and notes that the new Act of 2012 covers in a more comprehensive and detailed way the various aspects of action against trafficking in persons already established in the legislation that was already in force. The Committee notes that the Inter-Ministerial Committee set up to prevent and penalize the trafficking of persons drew up the National Programme for the Prevention and Punishment of Trafficking in Persons which was adopted on 6 January 2011. The Programme comprises four objectives: increasing knowledge of trafficking in persons; preventing and raising awareness of this phenomenon; contributing to the effective functioning of the justice system; and providing comprehensive protection for victims. The Committee duly notes the detailed information supplied by the Government on the range of activities undertaken within or outside this programme by the numerous ministerial departments concerned, including the National Institute for Migration, consular services abroad, the National Institute for Women, the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA), and the National Committee for the Development of Indigenous Peoples. These activities concentrated on raising public awareness of the complex phenomenon of trafficking in persons, particularly through the Corazón azul campaign and many of them targeted persons most at risk of becoming victims of trafficking, such as indigenous or migrant workers. Moreover, a large number of activities were undertaken to train public officials on victim identification and protection.

The Committee encourages the Government to pursue its efforts and expresses the hope that the application of the new Act will allow for trafficking in persons to be more effectively combated. The Committee requests the Government to continue to supply information on the implementation of the National Programme and on the activities undertaken by the Inter-Ministerial Committee with the aim of preventing and punishing trafficking in persons. The Government is also requested to send a copy of the annual report of the Inter-Ministerial Committee on the results achieved in the context of the implementation of the National Programme and on evaluations of the policies pursued in this area, as provided for in sections 93 and 94 of the Act of 2012.

2. Participation of public servants in the trafficking of persons. With reference to allegations of complicity and direct participation of law enforcement officials in the trafficking of persons, the Committee asked the Government to take the necessary steps to conduct the appropriate investigations into cases of participation by public servants, in particular law enforcement officials, in the trafficking of persons. In its report, the Government provides statistics on the administrative penalties imposed on officials of the National Institute for Migration for disciplinary offences such as abuse of authority, mistreatment and negligence. The Government states that in 2011 two preliminary investigations were opened further to complaints made against public servants in trafficking matters. The Committee observes in this regard that both the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Inter-American Commission on Human Rights (IACHR) of the Organization of American States noted with concern during two visits to the country the allegations concerning the involvement of public servants in a number of cases of trafficking, particularly the abduction of migrant workers for handing over to organized crime networks (document CMW/C/MEX/CO/2 of 3 May 2011 and IACHR press releases 105/2011 and 82/2011). The Committee urges the Government to take all the necessary measures to ensure that both appropriate administrative and criminal investigations are conducted and that public servants who are found guilty are punished. It is essential that the victims of trafficking in persons, who are often migrant workers in an extremely vulnerable situation, can trust the authorities whose task it is to protect them.

3. Protection of victims. Referring to its previous comments, the Committee notes that the third title of the new Act sets forth in greater detail the rights and the protection already granted to victims as established by the previous legislation (sections 59–83). In this regard, the Committee notes the actions undertaken by the National Institute for Migration to inform victims of their rights (including the right for foreign victims to remain on the national territory) and to promote their access to the justice system. Moreover, the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA) has drawn up a protocol for comprehensive assistance to victims aimed at ensuring their safety and providing them with legal, psychological and social support. The Government indicates that FEVIMTRA has established four specialist centres in the country, which have provided 163 trafficking victims with assistance. Moreover, a refuge that specializes in providing protection for trafficking victims has been established and by 30 April 2011 this had assisted 117 victims, with another 98 being referred to reception centres run by civil society. The Committee expresses the hope that the Government will continue to take steps to ensure the safety and protection of victims of trafficking and to enable them to assert their rights with regard to the competent authorities. The Government is also requested to indicate the measures taken to promote the rehabilitation of Mexican victims of trafficking who return to the national territory.

4. Adequate and strictly enforced penalties. With reference to its previous request concerning court rulings issued on the basis of the provisions that make trafficking in persons a criminal offence, the Committee notes the Government’s indication that it does not have any relevant information. It provides statistics on preliminary investigations opened between June 2010 and May 2011. Out of 100 investigations opened in this period, 35 have been referred to the courts. The Committee can only note with concern the absence of more precise information on the cases of trafficking in persons that are before the courts or which have resulted in convictions, inasmuch as the powers of the Inter Ministerial Committee include the gathering of quantitative and qualitative data on criminal offences relating to trafficking in persons. Noting that the Act of 2012 confers special powers to combat the trafficking of persons on the Public Prosecutor’s Office and on the police, the Committee requests the Government to indicate the steps taken to strengthen the capacities of the police and Public Prosecutor’s Office, particularly the unit which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA), to enable them to identify the victims of trafficking and conduct effective investigations leading to the institution of judicial proceedings. The Committee recalls that, in accordance with Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a criminal offence by penalties that are adequately and strictly enforced. The Committee therefore requests the Government to supply information on judicial proceedings under way and on convictions that have been issued, both on the basis of the new Act of 2012 referred to above and the Act that was applicable at the time of the events. The Committee also requests the Government to indicate whether, as provided for by the Act, the criminal courts have also ruled on the amount of damages to be paid to the victims concerned.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 (paragraph 1), 2 (paragraph 1), and 25 of the Convention. Trafficking in persons. Further to its previous comments on the trafficking of persons both in and outside the country for the purpose of forced prostitution, the Committee notes with interest the promulgation of the Act of November 2007 to prevent and punish the trafficking of persons, and its Regulations of February 2009.

The Committee notes that the Act has established an Inter-Ministerial Committee for the purpose of coordinating and following up the National Programme to prevent and punish the trafficking of persons and the standing programmes drawn up to combat such trafficking. The Inter-Ministerial Committee is a standing body and its members are the Ministers of the Interior, Communications and Transport, External Relations, Public Security, Labour and Social Security, Health and Social Development, Public Education, Tourism and Public Prosecution. Other institutions also participate, such as the National Institute for Women and the Committee for the Development of Indigenous Peoples.

The Committee hopes that the application of the Act will enable human trafficking to be combated effectively, since it constitutes a grave violation of the Convention. It hopes that the Government will provide information on the application of the Act and on any other measures taken with a view to the eradication of human trafficking. It requests the Government to provide a copy of the National Programme and the standing programmes created by the Inter-Ministerial Committee.

Adequate and strictly enforced penalties

In view of the fact that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable as a criminal offence by penalties that are adequate and strictly enforced, the Committee sought information on the penalties imposed on persons condemned for human trafficking.

The Committee takes note of section 6 of the Act to prevent and punish human trafficking which lays down prison sentences ranging from 9 to 18 years for persons committing the offence of human trafficking. It also notes that pursuant to section 12(IX) of the Act, the Inter-Ministerial Committee shall compile statistical data on human-trafficking offences with a view to publishing them periodically. Statistics must include disaggregated information on the number of arrests, judicial proceedings, number of convictions of human traffickers and persons guilty of offences relating to human trafficking in its various forms; the number victims, their sex, age, nationality, the type of victimization, their migratory status.

The Committee hopes that the Government will provide a copy of the report containing these statistics, together with a copy of relevant court decisions indicating the sentences imposed.

Participation of public employees in human trafficking

The Committee previously asked the Government for information on the measures taken or envisaged to ensure exhaustive investigation of complaints of complicity or direct participation by public employees in the trafficking of persons and on the penalties imposed.

The Committee notes that section 6 of the Act to prevent and punish the trafficking of persons establishes that the penalty of 9 to 18 years’ imprisonment for trafficking in persons shall be increased by half where the offender is a public employee.

The Committee notes that in 2006, in its Concluding Observations, the United Nations Committee on the Protection of the Rights of all Migrant Workers and Their Families expressed concern at the cases of trafficking that involved public employees. The Committee observes that the key role played by the forces of order in enforcing the law and the Convention is distorted in the event of corruption among their members, and hopes that the provisions of the new Act will allow the effective punishment of the intimidation of victims, complicity and direct participation of members of the forces of order in human trafficking. The Committee hopes that the Government will take the necessary steps to investigate properly the cases in which law enforcement personnel have been involved and that it will provide relevant statistical data.

Protection of victims

The Committee takes note of sections 17 and 18 of the Act to prevent and punish human trafficking which concern protection and assistance for victims. Under these provisions, victims must be provided with facilities to remain in the country for the duration of the judicial proceedings. Advance programmes for immediate assistance must also be drawn up during and after the proceedings and they are to include training, guidance and, in the case of nationals, assistance in seeking employment.

The Committee notes section 9 of the Act which provides that when someone condemned for committing the offence of human trafficking is held penally responsible, the court’s sentence shall include payment of compensation for damage to the victim to cover inter alia, medical treatment, transport including return to the place of origin, loss of income, and material and moral damages. Section 32 of the Regulations to the Act provides that the public prosecutor shall seek and compile sufficient evidence to justify and quantify the compensation referred to in section 9 of the Act. The Committee observes that this provision is important for the protection of victims since it establishes that the courts shall also decide on the compensation for which the offender is liable.

The Committee requests the Government to provide information on the application of these provisions indicating the number of victims who have benefited from the protection and compensation measures provided for therein.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Human trafficking. In earlier observations, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) concerning the trafficking of women and girls both in and outside the country for the purpose of forced prostitution. With regard to the trafficking of young persons in particular, bearing in mind that Article 3(a) of the Worst Forms of Child Labour Convention, 1999 (No. 182) provides that the term “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 is of the view that the problem of the sale and trafficking of children for the purpose of sexual exploitation, particularly prostitution, can be examined more specifically in the context of Convention No. 182.

2. With regard to the examination of trafficking for the purpose of sexual and labour exploitation in the light of the obligations laid down in the Convention, the Committee observed previously that this practice falls within the scope of the Convention and constitutes a serious breach of it.

3. In its report, the Government expresses concern that the Committee continues to deal with a matter which, in the Government’s view, falls outside the scope of the Convention. The Government observes that the Convention contains no provisions on trafficking, which is dealt with in other international instruments and particularly the United Nations Convention against Transnational Organized Crime and its Protocol. The Committee would point out that any situation where someone is sexually exploited or forced to work without his or her valid consent, regardless of whether trafficking is involved, falls within the scope of the Convention by virtue of its definition of forced labour. Furthermore, the fact that there is an international instrument devoted specifically to trafficking does not exempt a State from the obligations it undertakes on ratifying the Convention. The fact that trafficking is defined in the Palermo Protocol contributes to more effective application of both instruments. An essential component of the Protocol’s definition is the purpose of the trafficking, namely exploitation, the definition of which expressly refers to forced labour or services, slavery or practices similar to slavery, servitude and the various forms of sexual exploitation. The forced labour component of this definition provides the link between the Palermo Protocol and Convention No. 29, indicating clearly that human trafficking for the purpose of exploitation falls within the definition of forced or compulsory labour in Article 2, paragraph 1, of the Convention.

4. In its previous observation, the Committee noted the Government’s information on the provisions of the national legislation to prevent, suppress and punish human trafficking: sections 206-208 (trafficking and procuring of persons) and 366ter (trafficking of young persons) of the Penal Code and section 2(V) of the Federal Act against Organized Crime.

5. The Committee also noted the measures to encourage victims to report their cases to the authorities, including authorization to remain in the country at least for the duration of the legal proceedings, and possibly to reside permanently, and protection against reprisals. The Committee requested the Government to indicate and provide copies of the relevant provisions.

6. The Committee noted the Government’s information that “the penal legislation imposes heavier penalties in cases where persons reporting crimes, witnesses or family members are intimidated (Federal Penal Code, section 219)”. The Committee noted that this provision establishes the crime of intimidation committed by public servants and asked the Government to indicate the provisions applying to persons who resort to intimidation and who are not members of the public service. The Committee also expresses the hope that the Government will provide information on the number of sentences imposed upon public servants for the crime of intimidation, with copies of the rulings made under the above provision.

7. In response to the Government’s statement that in practice it varies the measures it takes to suit the type and circumstances of the risk incurred by the person to whom protection is provided, the Committee requested the Government to provide copies of the provisions envisaging such protection and to indicate the measures concerned. The Committee hopes that this information will be provided with the Government’s next report.

8. The Committee again asks the Government for information on any penalties imposed for human trafficking in accordance with the requirement in Article 25 of the Convention that the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and that the penalties imposed must be really adequate and strictly enforced.

9. The Committee notes that the Senate has approved the Act against Trafficking in Persons, which will enable such trafficking to be prevented and punished more effectively. The Committee hopes that the Government will provide information on the promulgation of the Act and on any other measures taken or envisaged to ensure observance of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

In its previous observation, the Committee noted the comments made by the International Confederation of Free Trade Unions (ICFTU) concerning the trafficking in women and girls within the country and abroad for purposes of forced prostitution. The Committee requested the Government to provide detailed information on this issue.

The Committee notes that the Government’s indication in its report 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 notes that a study, carried out in six cities with the support of UNICEF, estimated at 16,000 the number of boys and girls who were victims of commercial sexual exploitation. The objective of the study was to identify the role, relevance and operational methods of networks of organized crime in the procuring, trafficking and exploitation of boys and girls. The Committee also notes 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), in which the Special Rapporteur expresses concern at the "corruption closely linked to transnational organized crime, and in particular gangs engaged in the trafficking and smuggling of persons", and also refers to the General Population Act under which sentences of imprisonment of up to ten years may be imposed and can even be applied to victims of trafficking and smuggling.

Furthermore, the United Nations Committee on the Rights of the Child, while being "aware of the measures taken by the State Party on the situation of ‘repatriated children’ (menores fronterizos), remains particularly concerned that a great number of these children are victims of trafficking networks, [which] use them for sexual or economic exploitation"... and "about the increasing number of cases of trafficking and sale of children from neighbouring countries who are brought [to Mexico] to work in prostitution" (CRC/C/15/Add. 112, paragraph 32).

The Committee notes the convergence of the information concerning the existence of cases of the trafficking in persons for the purposes of economic and sexual exploitation. Such situations fall within the scope of the Convention and constitute grave violations of it. In practice, the work or service is imposed on the person concerned without her or his consent. Violence, coercion or deception are used to achieve the transfer of the persons concerned with the purpose of subjecting the victims to economic or sexual exploitation, from which they cannot free themselves.

The Committee notes the information provided by the Government concerning the provisions of the national legislation to prevent, repress and punish the trafficking in persons, namely sections 206 to 208 (trafficking and procuring of persons) and 366ter (trafficking of young persons) of the Penal Code and section 2(V) of the Federal Act against organized crime.

The Committee notes that section 366ter affords protection against the removal of young persons outside the national territory by providing that "the crime of the trafficking in young persons is committed by any person who removes a young person under 16 years of age and delivers that person to a third party in an illicit manner, outside the national territory, with the purpose of obtaining an undue economic benefit through the removal or delivery of the young person". The Committee requests the Government to provide information on the provisions affording protection to young persons who are removed from other countries to Mexico for the purposes of exploitation.

The Committee also notes the Government’s reference to the measures intended to encourage victims to report their cases to the authorities, including the authorization to remain in the country at least for the duration of the legal proceedings and possibly to reside permanently, and protection against reprisals. The Committee requests the Government to indicate and provide copies of the particular provisions which have this effect.

The Government adds that "the penal legislation imposes heavier penalties in cases in which persons reporting crimes, witnesses or family members are intimidated (Federal Penal Code, section 219)". The Committee notes that the above section establishes the crime of intimidation committed by public servants and requests the Government to indicate the provisions applicable to persons who resort to intimidation and who are not members of the public service. The Committee also hopes that the Government will provide information on the number of sentences imposed upon public servants for the crime of intimidation, with copies of the rulings made under the above provision.

In its report, the Government reiterates that in practice it adopts different measures which vary according to the type and circumstances of the risk incurred by the person to whom protection is to be provided. The Committee hopes that the Government will provide copies of the provisions envisaging such protection and will indicate the measures concerned.

The Committee also hopes that the Government will provide information on the penalties that have been applied to persons convicted of the trafficking in persons, in accordance with the provisions Article 25 of the Convention, under which the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and are strictly enforced.

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

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU), dated 13 March 2002, on the application of the Convention. The above comments were forwarded to the Government on 18 July 2002 so that it could make the observations that it considers appropriate.

In its comments, the ICFTU refers to the trafficking of women and girls within the country and abroad for the purposes of forced prostitution and the trafficking of illegal migrant workers from Central America to Mexico and the United States.

The Committee notes that the Government has replied to the comments of the ICFTU in a communication dated 28 November 2002 merely referring to its report on this Convention.

The Committee notes the information provided by the Government in its report in reply to the Committee’s general observation on the measures taken or contemplated to prevent, suppress and punish the trafficking of persons for the purpose of exploitation. The Committee notes the Government’s statements relating to the Mexican legislation with regard to the protection that is accorded against forced labour in general, debt slavery, the exploitation of prostitution and the penalties that can be imposed on those responsible. The Committee notes that no citations were made in the report of the legal texts or provisions to which reference was made. The Committee requests the Government to indicate the relevant texts and provisions.

With regard to the protection of victims who are prepared to give evidence against reprisals by exploiters, the Government indicates in its report that "the federal Government adopts various measures which vary according to the type and circumstances of the risk incurred by the person to whom protection is to be provided". The Committee requests the Government to indicate the measures concerned.

The Committee notes that the situations to which the ICFTU refers in its comments could involve serious violations of the Convention and it hopes that the Government will provide information on the measures which have been taken in relation to the matters raised.

[The Government is asked to reply in detail to the present comments in 2003.]