Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

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)

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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.