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

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

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.