Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

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

1. The Committee notes the Government's detailed report and the information that has been supplied in the course of the current year on the situation of the country's indigenous peoples and the action undertaken by the Government. It also notes that a national tripartite seminar was held on International Labour Standards with ILO participation, at which it was agreed that a workshop would be organized on the inspection and monitoring of labour standards which protect the living and working conditions of the indigenous peoples in rural areas. The Committee hopes that the Government will state in its next report whether such a workshop was held and, if so, that it will provide full information on its results.

2. The Committee notes with interest the nationwide process of consultation on the rights and participation of indigenous peoples, launched by the Government and involving almost 12,000 participants in 33 fora, which gave rise to some 9,000 proposals for promoting reforms of the relevant constitutional and legal framework; and the meetings with indigenous communities and peoples which involved approximately 11,000 people. The Committee would appreciate the Government supplying it with the full report of the national consultation and of any other relevant document. It also requests the Government to keep it informed of any action taken in the Congress on the draft initiative for reforms which are to be submitted to its next session. This draft initiative expresses and guarantees indigenous rights and recognizes in a wider way their traditions and customs.

3. One outcome of these consultations was the recommendation that the national legislation should be aligned with the Convention. The Committee asks the Government to keep it informed of the practical effects of the consultations and the number of proposals taken into account in the planned reforms.

4. Article 20 (in conjunction with Article 11) (Labour). In an earlier observation the Committee referred to comments from the National Indian Institute (INI) concerning serious abuses against workers in the rural sector, most of whom are indigenous. These included allegations of recruitment by "enganche" (a form of coercive recruitment), non-payment of wages, denial of the right to organize for indigenous workers and a near-total lack of labour inspection in these areas. The Committee notes that the Government's report gives information on a number of programmes which have begun, particularly the increase in training grants for unemployed workers to a total of 500,000 for 1996, 51 per cent of which are for the promotion of productive projects in the social and rural sectors, which has enabled indigenous groups to be incorporated. It also notes that 34 per cent of the resources of the Fund for Municipal Social Development have been allocated to the States of Chiapas, Oaxaca, Veracruz, Puebla and Guerrero, which have the highest poverty rates in the country.

5. The Committee trusts that the Government will keep it informed of the labour situation of indigenous peoples and the practical measures taken to improve it. It again recalls that one of the most important of these measures is frequent and effective labour inspection. Noting that the Government has not ratified the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee encourages the Government to continue the efforts it has already made to improve the labour situation; to provide detailed information on the number and results of inspection visits carried out among rural indigenous workers referred to in its report; and to have recourse if necessary to the technical assistance of the International Labour Office.

6. In this connection, the Committee recalls that it has suggested on earlier occasions that the Government might resort to the technical assistance of the International Labour Office to reinforce the protection of the rights of indigenous workers. It also recalls that, in June 1995, the Conference Committee on the Application of Standards urged the Government to envisage such a possibility as a means of improving safeguards for the labour situation of indigenous peoples in accordance with the Convention.

7. The Committee notes that, shortly before its session, it received comments from the Frente Auténtico del Trabajo alleging violation of the Convention due to conflicts associated with the construction of a hydroelectric dam in Oaxaca. This communication has been sent to the Government for any comments it may wish to make.

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