Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

1. The Committee notes the detailed report submitted by the Government. It notes that at its 282nd Session (November 2001), the Governing Body declared receivable two representations under article 24 of the ILO Constitution, alleging non-observance of the Convention by Mexico. They were submitted by the Academic Trade Union of the National Institute of Anthropology and History (SAINAH), and by the Union of Workers in the National Autonomous University of Mexico (STUNAM) together with the Independent Union of Workers of La Jornada (SITRAJOR), respectively. The Committee notes that the tripartite committee which will be responsible for the examination of these representations will not be established until the next session of the Governing Body in March 2002. The Committee will therefore examine the Government’s report at its present session.

2. The Committee also notes various communications received under article 23 of the ILO Constitution concerning the application of the Convention by Mexico, made by the following organizations: the Independent National Trade Union of the Colegio de Bachilleres (28 August 2001), the Telephone Workers’ Union, jointly with other workers’ organizations (7 September 2001) and the Mexican Electricians’ Union (28 September 2001), communicated to the Government in September 2001. Noting that the Government has not yet had sufficient time to comment on these observations, the Committee will defer its examination of them to its next session.

3. The Committee also notes the observations by the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN), and by the Confederation of Workers of Mexico (CTM), which were sent with the Government’s report. CONCAMIN states that the employers’ sector has made efforts to generate employment in the Chiapas area. The CTM has indicated the need to develop legislation to apply and develop the constitutional mandates in force.

4. The Committee notes the various legislative initiatives adopted during the period covered by the report, particularly the constitutional reforms on indigenous questions, published in the Official Bulletin of the Federation on 14 August 2001. An initial analysis of these reforms indicates that they cover a large part of the subjects covered by the Convention. Nevertheless, the Committee is aware that these reforms have generated a great deal of controversy and that some sections of Mexican society, including indigenous and workers’ organizations, have expressed concern that these reforms will have a negative impact on the social, economic and legal situation of the indigenous peoples of Mexico.

5. The Committee is examining the constitutional reforms in a more detailed way in a request being sent directly to the Government, which raises the following questions.

-           Definition and self-identification: How the Government is ensuring that the constituent federal units are respecting the provisions of the Convention and applying them in a uniform and coordinated manner following the grant to the states of the right to establish the definitions and the power of self-determination of the indigenous peoples within their territories.

-           Lands: Protection of rights to the natural resources and other land rights, particularly when third parties have acquired rights to the lands.

-           Administration: How development of "coordinated and systematic action" for the protection of the integrity of the indigenous peoples of the country is assured (Article 2), in the light of the devolution to the constituent states of the power to legislate on a certain number of questions.

-           Process of adoption of the constitutional reforms: Additional information on the participation of representatives of the indigenous peoples in the process of adoption of the constitutional reforms and in drawing up laws and regulations for the practical application of the reforms.

6. The Committee notes that the request being addressed directly to the Government follows up the representation submitted by the trade union delegation, D-III-57, section XI of the National Trade Union of Educational Workers (SNTE), Radio Education (final report adopted by the Governing Body in document GB.272/7/2, June 1998) and the representation submitted by the Radical Trade Union of Metal and Associated Workers (final report adopted by the Governing Body in document GB.276/16/3, November 1999). The request also follows up the observations submitted by the Authentic Labour Front (FAT) under article 23 of the Constitution of the ILO and the Government’s reply to them.