Observación (CEACR) - Adopción: 2012, Publicación: 102ª reunión CIT (2013)

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

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

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

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

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

Article 3(b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted the development of a federal database of information on the number and nature of offences relating to prostitution, sexual exploitation and sex tourism involving persons under 18 years of age and noted the number of investigations and convictions relating to child prostitution and pornography. The Committee also noted the concluding observations of the Committee on the Rights of the Child of 7 April 2011 on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which expressed concern at the high level of child sex tourism, especially in tourist areas (CRC/C/OPSC/MEX/CO/1, paragraph 27).

The Committee notes from the statistics provided by the Government in its report that between June 2011 and July 2012, FEVIMTRA has initiated a total of 14 investigations into cases of pornography involving persons under 18 years of age, which are currently pending. The Committee also notes that, according to the federal database compiling information on the number and nature of offences relating to prostitution, sexual exploitation and sex tourism involving persons under 18 years of age, between June 2011 and July 2012 a total of 11 offences relating to the use of a child for pornography were reported in the states of Chiapas and Chihuahua. The Committee further notes that the Office of the Attorney General of the Republic reports that on 21 February 2012 a conviction was handed down for child pornography imposing a sanction of seven years’ imprisonment. The Committee requests the Government to continue to provide information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed for violations involving child prostitution and child pornography.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. In its previous comments the Committee noted that certain provisions of the national legislation set the age of 18 years for admission to certain types of work which, by their nature and the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons. However, it also noted that, with the exception of those provisions, the general age established for admission to hazardous and unhealthy kinds of work is 16 years. The Committee also noted that the Government in collaboration with ILO–IPEC has drawn up a list of hazardous and unhealthy types of work prohibited for children with a view to adoption as national legislation.

The Committee notes that on 14 November 2012, the Senate and the Congress approved the Decree to reform the Federal Labour Law entitled “Initiative to reform, add and repeal various provisions of the Federal Labour Law”, which includes a detailed list of hazardous child labour for children in sections 175 and 176. The Committee notes that the entry into force of the Decree is still pending and dependent on the signature by the President and the publication of the Decree in the Official Bulletin. While welcoming the list, the Committee notes with concern that only a small number of activities (6) listed in section 176(b) are prohibited for persons under 18 years of age, whereas section 176(a) allows the engagement of children in a series of hazardous activities (27) as of 16 years of age. Hence, with the exception of section 176(b), the general minimum age established for admission to hazardous and unhealthy kinds of work remains unchanged at 16 years. In this regard, the Committee previously noted that no provisions exist in the Mexican legislation which authorize the employment or work of young persons as from the age of 16 under strict conditions of protection and prior training, pursuant to Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee notes that the labour law reform process has not addressed this matter and no such provisions are part of the abovementioned Decree.

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

The Committee, therefore, once again observes that the general minimum age established by the Federal Labour Law, even after approval of the labour law reform process, for admission to hazardous and unhealthy kinds of work is 16 years (section 175(a)), in contravention of Article 3(d) of the Convention. The Committee reminds the Government that, under Article 3(d) of the Convention, work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety and morals of children, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity, as well as the consultation of employers’ and workers’ organizations.

The Committee notes with concern the large number of children between 16 and 18 years of age engaged in hazardous activities in practice. The Committee again urges the Government to take the necessary measures to bring its legislation in conformity with Article 1 of the Convention, read in conjunction with Article 3(d), so as to ensure that hazardous work is prohibited for children under 18 years. However, where such work is performed by young persons between 16 and 18 years, the Committee again urges the Government to take the necessary measures to ensure that work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Article 6. Programmes of action. Trafficking. Further to its previous comments, the Committee notes that the Government has adopted a range of measures in the context of the 2011 National Programme for the prevention and suppression of trafficking. In collaboration with the United Nations Office on Drugs and Crime (UNODC), the Government is carrying out a diagnostic study on the national situation of trafficking in persons. In addition, the Committee notes the development of a number of protocols to align procedures for the investigation and prosecution of cases of trafficking, as well as on attention to victims, the development of mechanisms to alert populations vulnerable to trafficking in persons (in particular indigenous peoples and young persons), various information and awareness raising activities, as well as capacity building efforts undertaken for public officials engaged in the prevention and investigation of cases of trafficking in persons. The Committee requests the Government to continue to provide information on the measures taken in the context of the National Programme for the prevention and suppression of trafficking, in particular as regards the elimination of the sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in, and removing them from, the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee noted the detailed information on the measures carried out in the context of the National Plan of Action for preventing, combating and eliminating the sexual exploitation of children, in particular as regards awareness-raising activities and the care provided to victims of trafficking and commercial sexual exploitation in specialized centres.

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

The Committee urges the Government to continue to take measures to remove children from trafficking and commercial sexual exploitation and ensure their rehabilitation and social integration. It again requests the Government to provide information on the measures taken in this respect, including under the National Plan of Action for preventing, combating and eliminating the sexual exploitation of children, as well as on the results achieved in terms of the number of children removed from this worst forms of child labour and their subsequent rehabilitation and social integration.

Article 8. International cooperation. In its previous comments, the Committee noted that further to the conclusion of Memorandum of Understandings (MOUs) with several Central American countries, a large number of child protection officers had been trained with a view to the creation of a regional protection model and that a bi-national study on trafficking between El Salvador and Mexico was in progress. The Committee notes the Government’s indications that in the context of the MOUs signed with El Salvador, Guatemala, Honduras and Nicaragua, specialized capacity building activities were carried out to ensure the safe repatriation of unaccompanied children and young persons who are victims of trafficking. The Government also informs that the bi-national study on trafficking between El Salvador and Mexico is not yet available. The Committee requests the Government to continue to provide information on the measures taken and the results achieved in the context of the MOUs signed with the Governments of Guatemala, Honduras, El Salvador and Nicaragua. It also requests the Government to provide a copy of the bi-national study on trafficking between El Salvador and Mexico when it is available.

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