Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Mexico (Ratification: 1990)

Article 1 of the Convention. Self-identification. The Committee notes that, according to the results of the Extended Questionnaire of the Population and Housing Census 2020, some 23.2 million people aged 3 years and above self-identified as indigenous. Of these, 51.4 per cent (11.9 million) were women and 48.6 per cent (11.3 million) were men. The Committee also notes that, in accordance with section 4(XXXIII) of the Act on the National Institute for Indigenous Peoples (INPI), the Institute is producing the National Catalogue of Indigenous and Afro-Mexican Peoples and Communities. The Government indicates in its report that the Catalogue will make it possible to identify the persons for whom the rights set out in the Constitution and secondary legislation have to be recognized, and will be of use in consulting those concerned as a community and to guide the planning of public policies. The Catalogue will include the fundamental elements and characteristics of the political, legal, economic, social and cultural institutions of indigenous and Afro-Mexican peoples. The Committee notes that in 2022 the INPI organized national registration days for inclusion in the Catalogue, publishing the call for registration in the Official Gazette of the Federation. According to the call issued, registration in the Catalogue is based on the decision made by the authorities or representatives of the communities to request registration. The Committee requests the Government to provide information on the progress made in the preparation of the National Catalogue of Indigenous and Afro-Mexican Peoples and Communities and on the manner in which the Catalogue is used in practice for holding consultations with the peoples and communities concerned, guiding the planning of public policies and ensuring the full application of their rights.

Articles 2(2)(b) and 7. Development. The Committee notes that the Special Programme for Indigenous and Afro-Mexican Peoples 2021–24 has been inserted into the National Development Plan (component 2 “Social Policy“) and that its priority objectives are: promoting the recognition and full exercise of the rights of indigenous and Afro-Mexican peoples and communities; guaranteeing the comprehensive development and common well-being of indigenous and Afro-Mexican regions; strengthening and protecting the tangible and intangible cultural heritage of indigenous and Afro-Mexican peoples; promoting the intercultural perspective in the design, implementation and evaluation of public policies; and promoting a legal and institutional framework that gives full recognition to the rights of indigenous and Afro-Mexican peoples. The INPI is the body responsible for coordinating the publication, implementation and follow-up of the Programme. The Committee notes with interest that the Programme is based on the fundamental premise that it is necessary to promote the comprehensive recognition of indigenous rights, which are of a collective nature, and which form the basis and support to guarantee their autonomy and forms of government, their lands, territories and natural resources, their cultural heritage and all the elements which make up their culture and identity, as well as their legitimate aspirations for development and common well-being. The Programme recognizes, on the one hand, the conditions of marginalization, poverty and economic exclusion that are present in indigenous and Afro-Mexican peoples and communities and, on the other, the potential of the organization, culture and productive knowledge and the participation of the communities in the dynamic of indigenous economies.

The Government adds that, through the INPI, there are currently two programmes: the Programme for the Comprehensive Well-being of Indigenous Peoples (PROBIPI) and the Support Programme for Indigenous Education (PAEI). The objective of PROBIPI is to promote: the implementation and effective exercise of the rights of indigenous peoples; access to justice; the development and conservation of their lands, territories, natural resources, biodiversity and environment; support for their economic activities and production strategies, the construction of roads and basic service infrastructure, community infrastructure and the reinforcement of their cultural heritage, within a context of respect for their free determination, autonomy and forms of organization.

The Committee notes with interest that comprehensive development plans have the objective of addressing the development aspirations that have historically been voiced by one or more indigenous peoples and are drawn up by an indigenous people based on its own view of common well-being, in collaboration with the INPI and other government bodies. They define development aspirations, actions and strategies addressing various themes in a related manner in accordance with the indigenous cosmovision and contain the actions prioritized by the people. The Committee notes that development plans are being drawn up and/or implemented in: Querétaro and Guanajuato for the Chichimeco and Otomí peoples; in Guerrero and Oaxaca for the Amuzgo people; in the Juárez Sierra, Oaxaca, for the Xhidza and Xhon peoples and Zapoteco-Chinanteco in the Ixtlán District; in Oaxaca for the Chocholteco people; and in Baja California for the Yumanos and Cochimí peoples.

With regard to the impact of the measures taken, the Government refers to the report on the multidimensional measurement of poverty 2022, carried out by the National Council for the Evaluation of the Social Development Policy (CONEVAL), according to which 65.2 per cent (8.3 million) of indigenous peoples are living in poverty, which represents a significant decrease compared to 2020 (73.2 per cent). The Government adds that the prevalence of persons who do not have access to nutritious and good quality food fell in 2022 (30.5 per cent) in relation to 2020 (36.2 per cent) and that, although further investigation of the measures used to reduce the gap is pending, the action taken has had positive effects. The Committee trusts that the Government will continue its efforts to further improve the results achieved within the framework of the Special Programme for Indigenous and Afro-Mexican Peoples with a view to reducing existing shortcomings in the effective enjoyment of the social, economic and cultural rights of indigenous and Afro-Mexican peoples. It requests the Government to continue providing information on the initiatives launched; the manner in which these peoples participate in the design, implementation and evaluation of these initiatives both at the federal level and in the various federal bodies; and the results achieved. The Committee also requests the Government to continue providing information on the preparation and implementation of comprehensive development plans and their impact.

Article 3. Human rights and fundamental freedoms. Women, children and young persons. The Committee notes with interest that new article 2 of the Constitution recognizes the right of indigenous and Afro-Mexican women to participate effectively and under conditions of substantive equality in processes for the comprehensive development of their peoples and communities, in public decision-making, in the promotion and respect for the rights of access to education, health, property and land ownership and other human rights; and the right of indigenous and Afro-Mexican children and young persons to appropriate support in their own languages for the effective awareness and full exercise of their rights and to guarantee them a life free from exclusion, discrimination and violence. The Committee requests the Government to provide information on the measures adopted in accordance with the reform of the Constitution to guarantee the human rights of indigenous and Afro-Mexican women, children and young persons and a life free from exclusion, discrimination and violence.

Article 8. Customary law. The Committee once again requests the Government to: (i) provide examples of cases in which indigenous peoples have made use of their traditional procedures and practices for the election of representatives under the General Act on electoral institutions and procedures; and (ii) provide examples of cases which have been determined by indigenous jurisdictions.

Article 12. Access to justice. The Committee notes the information provided by the Government on the measures adopted within the framework of the PROBIPI Programme to strengthen support for translators and interpreters, and particularly support for interpretation and translation into indigenous languages, and for surveys of indigenous identity and institutions. During the period 2019 to 2023, the support included financial assistance for 13,083 persons acting as interpreters or translators or who carried out surveys or provided legal defence in court cases involving indigenous and Afro-Mexican persons. The Government also refers to the granting of financial support in 228 cases for the release from prison or mediation for indigenous and Afro-Mexican persons facing legal difficulties. The Committee further notes that, according to the National Survey of Discrimination (ENADIS) 2022, 26 per cent of the indigenous population aged 12 years and over considered that there was severe discrimination in the courts and sentences handed down. The ENADIS 2022 also found that 92.6 per cent of the indigenous population aged 12 years and over who had been denied any of their rights without justification during the past five years did not inform an authority or institution. Of those, 43.8 per cent considered that they would not be taken into account or that it would be a waste of time. The Committee encourages the Government to continue its efforts to guarantee access to justice for indigenous and Afro-Mexican peoples and communities and their members, and requests it to provide information on this subject, including information on any measures taken to prevent and punish all forms of discrimination against them in the administration of justice.

Article 14. Land. The Ribera Alta people of Quintín Arauz, Centla, State of Tabasco. The Committee notes the information provided by the Government on the measures taken in relation to the claim for compensation by the Alta Ribera People of Quintín Arauz, Centla, State of Tabasco, as a consequence of the decision by the Higher Agricultural Tribunal not to protect part of their lands through their recognition as ejidos (communal land).

Article 20. Conditions of employment. The Committee notes the Government’s indication that, through the Directorate General of Federal Labour Inspection, action has been strengthened to enforce labour legislation and that the rights of workers belonging to indigenous peoples are covered by transversal monitoring. The Government indicates that there are no specific statistics or data identifying indigenous and tribal workers. With reference to the measures adopted to improve the access to employment of indigenous men and women, the Committee notes the general information provided by the Government on the promotion of the labour market integration of persons with lower levels of employability or who are vulnerable, and on the promotion of decent work. The Committee notes that, according to ENADIS 2022, 30.4 per cent of indigenous men aged 12 years and over and 31.8 per cent of indigenous women in the same age group considered that they faced a high level of discrimination when seeking work. Moreover, 18.5 per cent of the indigenous population aged 12 years and over indicated that the lack of employment is the principal problem for indigenous persons in Mexico, followed by the lack of economic resources, and 21.8 per cent referred to the denial of the right to employment opportunities and to career progression.

The Committee notes that the United Nations Committee on the Elimination of Racial Discrimination, in its concluding observations of 2024, expressed concern at the challenges faced by members of indigenous peoples in gaining access to the labour market and the fact that they continue to be frequent victims of economic exploitation, especially indigenous women domestic workers, who are also at greater risk of falling victim to sexual abuse and exploitation (CERD/C/MEX/CO/22–24).

The Committee requests the Government to provide specific information on the measures adopted to improve the access to employment of indigenous men and women, ensure them effective protection in relation to their contracts and conditions of employment, and prevent and address discrimination in employment. The Committee requests the Government to continue providing information on the measures adopted to ensure that the labour inspection services are able to perform their duties appropriately in locations where indigenous men and women workers are present.

Article 25. Health. The Committee once again requests the Government to provide information on the number and distribution of healthcare centres in areas with a high incidence of indigenous peoples, and on the measures adopted to ensure that these peoples enjoy the highest attainable standard of physical and mental health, with an indication of how their traditional preventive care, healing practices and medicines are taken into account.

Articles 26 to 31. Education and means of communication. The Government indicates that, within the framework of the Support Programme for Indigenous Education (PAEI), from January 2019 to August 2023, support was provided to a total of 394,929 children, young persons and students from indigenous and Afro-Mexican peoples and communities (through school and community houses and canteens for indigenous children, community canteens for indigenous students, and university houses and canteens, as well as supplementary support). Moreover, through supplementary support for higher education (degrees or equivalent and masters) under the same Programme, support was provided to 20,195 students from indigenous and Afro-Mexican communities aged between 17 and 29 years for the completion of their studies. The Committee notes with interest the creation of the Indigenous Languages of Mexico University (ULIM), which has the mandate to provide higher education on the indigenous languages of Mexico through teaching, research, promotion, dissemination and outreach with a view to protecting, revitalizing and strengthening the linguistic and cultural heritage of indigenous peoples, and contributing to respect and recognition of the ethnic, cultural and linguistic diversity of the country. The Committee notes the Government’s indication that the ULIM educational model envisages a humanistic, indigenous community, comprehensive, intercultural and plurilingual education and has its roots in the cosmovision and thought systems of indigenous peoples, in their approach to the development, transmission and preservation of their traditional knowledge and in the necessary interrelationship and interaction with the various disciplines of human knowledge developed over history.

The Committee further notes that the 2022 report of the National Council for the Evaluation of the Social Development Policy (CONEVAL) on the right to bilingual intercultural education indicates that, of the total population of school age speaking an indigenous language in 2020, 61.3 per cent attended school, or in other words four in ten indigenous persons of school age did not go to school, with young persons between the ages of 18 and 22 having the lowest rate (17.2 per cent in higher education). The report indicates that: among indigenous education centres, only 43.9 per cent of premises had drinking water, 32.2 per cent had basic hand-washing facilities and only 8.7 per cent had access to the internet; 81 per cent of initial schools, 80 per cent of pre-schools and 64 per cent of indigenous primary schools reported that they did not receive educational materials in indigenous languages; the majority of teachers in indigenous schools spoke an indigenous language, but only a minority spoke the language of the community where they were giving their classes.

The Committee takes due note of the new article 2 of the Constitution, which recognizes the right of indigenous peoples to participate in the development of educational models for the recognition of the pluricultural composition of the nation on the basis of its cultures, languages and teaching and learning methods. The Committee requests the Government to continue providing information on the results achieved through measures intended to reduce the school drop-out rate of young indigenous persons and to reduce illiteracy among indigenous adults, and to indicate the measures adopted to remedy the shortcomings in infrastructure, educational materials and teachers in indigenous schools. The Committee also requests the Government to provide information on the educational models developed with the participation of indigenous peoples.