Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. In 2004, the Committee noted the report of the tripartite committee appointed to examine the representations made by the Union of Academics of the National Institute of Anthropology and History (SAINAH) and the Trade Union of Workers of the National Autonomous University of Mexico (STUNAM), which was adopted by the Governing Body in March 2004 (document GB.289/17/3). Following up that report, the Committee requested the claimants to provide information in relation to paragraph 139(g) of the report (forced sterilization). In 2005, the Committee noted that the requested information had not been provided. The Committee notes the comments made by the Independent Union of Workers of La Jornada (SITRAJOR) on the subject, received on 16 March 2006 pursuant to article 23 of the ILO Constitution, which were forwarded to the Government on 13 April 2006.

2. The Committee noted that according to paragraph 126 of the report referred to above, in its reply to the allegations made by the trade union organizations concerning the practice of the forced sterilization of indigenous men and women, the Government stated that, should a person believe that his or her right to decide freely, responsibly and in an informed manner on the number of children that he or she wants has been infringed, he or she may lodge a complaint with the National Committee for Human Rights. Furthermore, in paragraph 135, the tripartite committee considered that it “does not have sufficient information to draw any conclusions. It considers, nevertheless, that the fact that these allegations have been made highlights the climate of suspicion and distrust created by the existing hostility with regard to the issue of indigenous rights in the country, and emphasizes the need for the Government to investigate these allegations and to punish severely all those who might be implicated in such actions”.

3. The Committee notes the reports of the Commission for the Defence of Human Rights (CODDEHUM-GUERRERO) and the National Human Rights Commission, provided by SITRAJOR, which refer to complaints, investigations, observations and recommendations regarding cases in which members of public health institutions, both state and federal, carried out vasectomies on indigenous men and placed intra-uterine devices in indigenous women as a birth control method without their free, informed and shared consent, in the States of Guerrero and Oaxaca. It also notes the report on a specific local study alleging that the health system for indigenous communities is precarious, and referring to the inhumane and discriminatory treatment provided for indigenous persons in health-care centres and the practice of forced contraception of women by tying their fallopian tubes without their consent. It notes the report of the Committee on the Elimination of Racial Discrimination (CERD) on the 15th periodic report of Mexico (CERD/C/473/Add.1), dated 19 May 2005, which refers in paragraphs 153-155 to the action taken by the National Human Rights Commission regarding allegations of the trade union organization concerning forced sterilization, and the document submitted to CERD by the Rapporteur designated by the previous report of Mexico. While noting that the Government has not challenged the comments of SITRAJOR, the Committee nevertheless observes that in an annex to its report in 2005, the Government reported on the various activities in the field of training, awareness raising and dissemination on free choice, informed consent and sexual and reproductive rights carried out by the Inter-Institutional Reproductive Health Group (GISR) and the National Centre for Gender Equity and Reproductive Health (CNEGSR) targeting indigenous peoples and health-care providers, particularly in the State of Guerrero, and the training measures adopted with a view to preventing any recurrence of the alleged practices. The Committee requests the Government to provide its comments on this communication, to supply information on the investigations conducted into the existence of the alleged practices, on the measures adopted to address these practices, such as providing compensation and imposing penalties, where appropriate, and on other action taken to prevent the recurrence of such practices.

4. The Committee notes that in June 2006 the Governing Body adopted the report of the tripartite committee set up to examine the representation made under article 24 of the Constitution of the ILO by the Union of Metal, Steel, Iron and Allied Workers (document GB.296/5/3). The Committee asks the Government to provide information in its next report, together with the information requested by the Committee in its comments in 2005, on the action taken as a result of the recommendations of the Governing Body.