Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes the Government's comments received in reply to its previous observation. Nonetheless, there are still questions outstanding on the application of the Convention, which are being taken up in detail in a request addressed directly to the Government. In the present observation it will refer to some of the questions raised in the direct request, recalling that it hopes to receive more detailed information in the Government's next report on the points raised.

2. The Committee recalls that the Governing Body adopted in June 1998 the report of a tripartite committee established to examine a representation under article 24 of the Constitution on questions concerning the land rights of a Huichol Indian community (Articles 13 to 19 of the Convention). The Committee asked in its previous comments what steps the Government had taken to remedy the situation which had given rise to this representation in application of Article 19 of the Convention. Additional information has now been received from the Trade Union Delegation for Radio Education in this regard. The Committee hopes the Government will provide detailed information in its next report.

3. The Committee notes that the report of another tripartite committee which dealt with a second representation under Article 24 was adopted at the November 1999 session of the Governing Body, concerning a representation submitted by the Radical Trade Union of Metal and Similar Workers. This representation also concerned land rights, on this occasion of indigenous communities in the Uxpanapa Valley. The complainants had alleged a continuing lack of resolution of land claims arising from the displacement of indigenous communities following the construction of a dam beginning in 1972. In this case, as in the one referred to in the previous paragraph, the Government was asked by the Governing Body to inform the Committee of Experts of the measures taken to resolve the situation in which these indigenous peoples are now living. Both these representations resulted in concern being expressed by the Governing Body over an apparent lack of real dialogue between the Government and the indigenous communities to discuss their situation and to find answers to their problems in the consultative spirit on which this Convention is based.

4. The Committee also has before it information submitted by the Authentic Workers' Front (FAT) in September 1998 and August 1999 under article 23 of the Constitution, and comments made by the Government on this information. These communications from FAT dealt in part with land rights, in particular what was described as the loss of a right of inalienability of indigenous lands making these peoples more vulnerable to losing their land rights. Furthermore reference is made to the conclusion of agreements with multinational enterprises allowing exploitation of mineral and forestry resources on indigenous lands, without the kinds of protection of indigenous involvement contemplated in the Convention. They also contained allegations that, although the Government had carried out consultations with indigenous representatives on constitutional reforms which would affect them, it had ignored the results of such consultations. In addition, they submit allegations of serious labour abuses against indigenous migrant workers. The Government has supplied partial information relating to most of these points, indicating work undertaken in relation to these subjects. The Committee is concerned, however, by the apparent lack of a dialogue between the Government and the indigenous peoples which would contribute to resolving the problems affecting them.

5. The Committee therefore asks the Government to re-examine the measures it is taking in regard to the problems encountered by the indigenous peoples of the country, and to submit detailed information on them in its next report. It suggests that the Government could request the technical assistance of the International Labour Office in establishing a dialogue, and in examining in depth the problems being raised by indigenous communities, and by workers' organizations, in the application of the Convention. One measure that could be explored would be a workshop at the national level, involving the Office, all the concerned government entities, the social partners, and representatives of the indigenous peoples of the country to examine all the questions raised on the application of the Convention and to establish modalities of working on them which would meet the expectations of all parties.

[The Government is asked to report in detail in 2001.]