Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mexique (Ratification: 2000)

Article 3 of the Convention Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee once again requested the Government to provide detailed information on the number of violations reported and penalties imposed under section 201 of the Federal Penal Code.

The Committee notes that, according to the Government’s report, consultations were held with the competent authorities with a view to obtaining information on crimes relating to the corruption of minors under the Federal Penal Code, but it provided no details on these consultations. The Committee therefore urges the Government to provide detailed information on the number of violations reported and the penalties imposed under section 201 of the Federal Penal Code.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee requested the Government to pursue its efforts to improve the functioning of the education system, with particular reference to boys, children from rural areas and indigenous communities, and the children of migrant workers, placing emphasis on raising the school attendance rate for secondary education. It also requested the Government to continue providing information on the results achieved in this regard, in the context of its various education and social inclusion programmes.

The Committee notes, from the Government’s report, the statistics of the National System of Educational Supervision for the Migrant Population (SINACEM), in the context of the Programme for Inclusive and Equitable Education. SINACEM reported that a total of 38,451 schoolchildren in 2015, 39,455 in 2016 and 47,773 in 2017 were benefiting from the programme. The Committee also notes the creation of mobile classrooms for the pre-school, primary and secondary levels for migrant children and young persons. These classrooms are located in shelters, camps, farms and, where appropriate, in the vicinity of these locations, in order to support education for the migrant population. The Committee also notes the Government’s collaboration with other governmental and non-governmental bodies, universities and the United Nations Children’s Fund in relation to educational activities for the indigenous and migrant population.

The Committee also takes due note of the statistics of the Social Inclusion Programme (PROSPERA) on the provision of education grants for primary and secondary education, as well as assistance for school supplies, with a view to reducing the prevalence of child labour in the country. According to the PROSPERA statistics, a total of 6,133,087 school children benefited from education grants in 2016, and the figures were 6,144,165 in 2017 and 6,145,951 in 2018.

The Committee notes that the Ministry of Labour and Social Affairs (STPS), as the executive agency for the item “Contributing to the eradication of child labour” launched the “Mexico without child labour label” in 2017. This strategy includes the governments of federated states and municipalities, as well as private sector organizations, unions and civil society in the design and implementation of action that contributes to the prevention and eradication of child labour and the protection of young persons in authorized forms of work.

The Committee also notes the review of the “Roadmap for the implementation of the educational model” of the Ministry of Public Education, which calls for a reorganization of the education system to improve inclusion and equity, without distinction on grounds of origin, sex or socio-economic status, while recognizing the specific characteristics of the social and cultural background of school children. It also includes compensatory measures for children in a situation of vulnerability. However, the Committee emphasizes the lack of detailed information disaggregated by gender on indigenous communities and the increase in the school attendance rate in secondary education. The Committee therefore requests the Government to pursue its efforts to improve the operation of the education system and to provide detailed information on the results achieved within the framework of its various programmes, in particular with regard to boys and children of indigenous communities, and with emphasis on the increase in the school attendance rate in secondary education.

Clause (d). Children at special risk. 1. Child domestic labour. In its previous comments, considering the high incidence of child domestic labour in the country, the Committee requested the Government to take immediate and effective measures to protect children, especially girls engaged in domestic work, from the worst forms of child labour and to ensure their rehabilitation and social integration. It requested the Government to provide information on the measures taken and the results achieved in this regard.

The Committee notes with interest the statistics provided by the Government in its report, according to which in 2017 the involvement of girls, boys and young persons between the ages of 5 and 17 years in the worst forms of child labour performing domestic work fell by 23.57 per cent in relation to 2015. It also notes the Government’s objective to reduce domestic child labour by 2025 from 5.7 to 4.7 per cent. It further notes that, according to the results of the national survey on employment and occupation, 3.2 million children between the ages of 5 and 17 years were engaged in work in 2018, of whom 7.1 per cent were engaged in the worst forms of child labour, while the rate of work in domestic tasks at home without pay and under inappropriate conditions was 1 per cent. While noting the efforts made by the Government, the Committee requests it to continue taking effective measures to protect children from the worst forms of child labour, especially girls engaged in domestic work, and to ensure their rehabilitation and social integration. It also once again requests the Government to provide information on the measures taken and the results achieved in this respect.

2. Children engaged in agricultural work or informal urban activities. In its previous comments, the Committee urged the Government to take the necessary measures to protect children engaged in informal urban activities and in agriculture from hazardous work and requested it to provide information on the impact and results achieved in the context of its programmes.

The Committee takes due note of the statistics contained in the Government’s report on the Assistance Programme for Daily Agricultural Workers. The Programme contributes to the eradication of the worst forms of child labour through an overall strategy to prevent and discourage the integration of children into the world of work at an early age through the provision of grants and food support. Between July 2015 and May 2018, the programme of grants covered a total of 47,933 children of daily agricultural workers (24,836 boys and 23,097 girls). The programme also provided food aid for a total of 174,759 children under 14 years of age (86,070 boys and 88,689 girls). Moreover, it envisages the provision of support for basic services, through subsidies for the construction, refurbishment, expansion and infrastructure for temporary accommodation for daily agricultural workers and their families.

The Committee takes due note of the action taken by the STPS to require from enterprises applying for subsidies for the improvement of shelters to present the “Agricultural enterprise free from child labour label”. The STPS also offers these enterprises the possibility to obtain advice, an audit and follow-up for two years to meet the requirements for the label. The Committee requests the Government to continue taking the necessary measures to protect children engaged in informal activities, with emphasis on children in urban areas. It requests it to continue providing information on the impact and the results achieved, particularly within the framework of the above-mentioned programmes.

3. Street children. In its previous comments, the Committee encouraged the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration.

The Committee notes that the Government has not provided any further information on street children in its report. Recalling once again that street children are particularly vulnerable to the worst forms of child labour, the Committee once again requests the Government to pursue its efforts to remove children from the streets and to ensure their rehabilitation and social integration. It once again requests the Government to continue providing information on the number of children who have been removed from the streets, rehabilitated and socially integrated.

Application of the Convention in practice and labour inspection. In its previous comments, the Committee requested the Government to continue providing statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the violations reported, investigations, prosecutions, convictions and criminal penalties imposed.

The Committee notes that, according to the results of the Child Labour Module of the National Institute of Statistics and Geography, in 2017 a total of 2,312,414 girls, boys and young persons between the ages of 5 and 17 years were involved in child labour and that 89.4 per cent of these children were subject to the worst forms of child labour. However, there was a reduction of 6.6 per cent in the rate of child labour among children under 18 years of age at the national level (boys accounted for 69.8 per cent of this reduction and girls accounted for 30.1 per cent).

The Committee notes the 2017 version of the labour inspection protocol for safety and health and general working conditions and training in agricultural undertakings, published by the STPS, which emphasizes the need to take the necessary measures to prevent, deal with and punish cases in which girls, boys and young persons are victims of trafficking or any other type of exploitation, including indigenous children working in the agricultural sector. It also notes that during the 151,215 labour inspections carried out over the period under consideration, 33,589 remedial measures were ordered and a total of 751,756 children were detected by the labour inspection services.

The Committee also notes the National Programme for the Protection of Girls, Boys and Young Persons 2016–18, coordinated by 35 entities in the federal public administration. The information provided is disaggregated and geo referenced by municipality in relation to work performed by children between the ages of 12 and 17 years. The Committee also notes the establishment of the so-called “short cut” strategy introduced by federal departments, state governments and municipal administrations. This strategy allows priority to be given to children at risk, living in dumps and brickworks, and places emphasis on the issues of school drop-outs and pregnancy among girls, with a view to reducing the risk of girls working under hazardous conditions. Taking due note of the measures adopted by the Government, the Committee requests it to continue providing statistics and other information on the nature, extent and trends of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, the number and nature of the violations reported, investigations, prosecutions, convictions and criminal penalties imposed. To the extent possible, all information provided should be disaggregated by sex and age.