Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - México (Ratificación : 2000)

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.