Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - México (Ratificación : 1934)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - México (Ratificación : 2023)

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.