Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mexico (Ratification: 2000)

Articles 3(a) and 7(1) of the Convention Sale and trafficking, and penalties. In its previous comments, the Committee urged the Government to intensify its efforts to eliminate in practice the trafficking of children by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied in practice against the persons committing such acts, including State officials suspected of complicity. It also requested the Government to continue providing detailed information on the implementation by the federal states of the 2012 Act against trafficking, including the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases involving children and young victims.

With regard to the measures adopted by the Government in the context of the implementation of the General Act of 2012 against trafficking in persons, the Committee notes the information provided by the Government in its report that in 2016 a total of 24 specialized federated units were created for the prosecution of the crime of trafficking in persons, with 375 employees, including 215 women.

The Committee also notes the activities reports for 2016 of the Inter Ministerial Commission for the prevention, action to combat and penalization of trafficking in persons and the protection and assistance of victims of these crimes. Out of a total of 760 women victims recorded, 152 were girls under 18 years of age, who were victims of trafficking for child prostitution and other forms of sexual exploitation, 15 victims of labour exploitation, three victims of trafficking for forced labour and, finally, three victims of trafficking for illicit activities. Out of a total of 129 male victims recorded, 20 were boys under 18 years of age, victims of trafficking for child prostitution or other forms of sexual exploitation, 17 victims of labour exploitation, three victims of trafficking for forced labour and one victim of trafficking for illicit activities. Of the 107 crimes of trafficking brought to the courts, there were 27 acquittals and 77 convictions.

The Committee also notes the follow-up action taken on a case under investigation for the crime of labour exploitation by a State employee, and three preliminary investigations and a current inquiry concerning State employees for the crime of child pornography, without indicating the number of victims under the age of 18 years. Reiterating its concern at the low number of convictions obtained in cases of trafficking of children under 18 years of age for commercial sexual exploitation and at the allegations of complicity in such activities of State employees, the Committee once again requests the Government to intensify its efforts in this respect. It requests the Government to continue providing detailed information on the number of reported violations, investigations, prosecutions, convictions and criminal penalties imposed in cases involving children and young victims, disaggregated by gender and age.

Article 3(b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to take the necessary measures to combat children prostitution and pornography, particularly by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied against the perpetrators. It also requested the Government to continue providing information on the number of reported violations, investigations, prosecutions, convictions and penalties imposed for crimes relating to child prostitution and pornography.

The Committee notes the Government’s indication that the publication of the report following upon the concluding observations of the United Nations Committee on the Rights of the Child of 2015 (CRC/C/MEX/CO/4-5) is planned for October 2020. The Committee notes the establishment since 2015 of a working group composed of around 30 public institutions with the responsibility of following up the recommendations of the United Nations Committee on the Rights of the Child. It also notes the creation of a commission following the adoption of the 2014 General Act on the rights of girls, boys and young persons intended to coordinate and articulate compliance with the recommendations of the Committee on the Rights of the Child, as well as Mexico’s international commitments in terms of complying with, guaranteeing and protecting the rights of girls, boys and young persons.

The Committee notes the Government’s indications concerning the national Chinaulta operation which is targeted at groups of individuals who use children under 18 years of age for the production of child pornography through the WhatsApp social network.

The Committee also notes the information provided by the Office of the Special Prosecutor dealing with violence against women and trafficking in persons (FEVIMTRA), which reports 87 investigations carried out between 1 July 2015 and 31 May 2018 into cases of trafficking of children for use in pornography and ten investigations into trafficking of children for other forms of sexual exploitation. Finally, there were 18 convictions for the crime of trafficking children for use in pornography. In relation to these cases and investigations, a total of 159 child victims of trafficking for use in pornography and a total of 22 child victims of trafficking for other forms of sexual exploitation have been recorded by FEVIMTRA. The Committee requests the Government to continue taking the necessary measures to combat child sexual exploitation, including prostitution and child pornography, particularly by ensuring that thorough investigations are carried out and that sufficiently effective and dissuasive penalties are applied against the perpetrators. It once again requests the Government to provide information on the types of penalties imposed for violations relating to child prostitution and child pornography.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. In its previous comments, the Committee encouraged the Government to intensify its efforts to ensure that in practice no children under 18 years of age are engaged in work likely to harm their health, safety or morals, in accordance with sections 175 and 176 of the Decree of 2015 reforming the Federal Labour Law on child labour. The Committee requested the Government to provide information on the number of violations detected and penalties imposed in this respect.

The Committee notes, according to the child labour module of the survey carried out by the National Institute of Statistics and Geography, the fall from 26.6 per cent to 18.2 per cent in the engagement of children and young persons under 18 years of age in hazardous work between 2007 and 2017. While welcoming the decline in the percentage of children engaged in hazardous work in Mexico, the Committee once again requests the Government to continue to take measures to ensure that no children under 18 years of age are engaged in work likely to harm their health, safety or morals. It requests the Government to provide detailed information disaggregated by gender and age category on the number of violations detected and the penalties imposed in this respect.

Article 6. Programmes of action. Trafficking. In its previous comments, the Committee requested the Government to provide information on the measures taken within the framework of the national programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist the victims of these crimes, and particularly for the elimination of the sale and trafficking of children.

The Committee notes the Government’s information on the actions taken by FEVIMTRA in accordance with the four objectives of the national programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist the victims of these crimes. With regard to prevention, FEVIMTRA has coordinated awareness-raising activities for the population and action to strengthen the capacities of the personnel responsible for dealing with the victims of trafficking in persons. It has also distributed awareness-raising materials on the crime of trafficking in persons.

The Committee takes due note of the annual collaboration mechanisms between federal bodies for joint investigations and operations to prosecute crimes of trafficking in persons. It also notes that the Inter-Ministerial Commission for the prevention, action to combat and punishment of trafficking in persons and the protection and assistance to the victims provides for quarterly, half-yearly and annual reports on trafficking in persons. The Committee requests the Government to continue providing information on the measures taken within the framework of the national programme to prevent, punish and eradicate crimes relating to trafficking in persons and to protect and assist the victims of these crimes, and particularly on the elimination of the sale and trafficking of children.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. Trafficking and commercial sexual exploitation. In its previous comments, the Committee encouraged the Government to continue taking measures to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration. It also requested the Government to continue providing information on the measures taken in this respect and the results achieved in terms of the number of children removed from these worst forms of child labour and then rehabilitated and integrated into society.

The Committee notes, from the Government’s report, the various types of action undertaken by FEVIMTRA for the protection and reintegration of victims of trafficking and of sexual exploitation. The Rapid Care Unit deals with women, girls and boys who are victims of trafficking and provides psychosocial support, including for police interviews with victims and hearings. The Unit provides legal support in the form of advice and follow-up, support with a view to resolving the migration situation or assisted return and, where necessary, for the granting of visas for humanitarian reasons. The Committee also notes FEVIMTRA’s socio economic reintegration action through a specialized shelter, which facilitates the reintegration into society of victims of trafficking and commercial sexual exploitation.

The Committee also notes the various types of collaboration between FEVIMTRA, the Mexican Commission for Assistance to Refugees (COMAR) and the Executive Commission for Care for Victims, and the creation of the Federal Office for the Protection of Girls, Boys and Young Persons, which began operating in 32 federated states of Mexico in October 2015. The Committee once again requests the Government to provide information on the number of children removed from these worst forms of child labour and then rehabilitated and socially integrated. It encourages the Government to continue taking measures to remove children from trafficking and commercial sexual exploitation and to ensure their rehabilitation and social integration.

Article 8. International cooperation. In its previous comments, the Committee requested the Government to provide information on the measures taken and the results achieved within the framework of the memoranda of understanding signed with El Salvador, Guatemala, Honduras and Nicaragua.

The Committee notes the Government’s indication in its report that Mexico has an agreement for the exchange of information and experience with a view to combating organized cross-border crime, drug trafficking and other related crimes between the Office of the Prosecutor-General of the Republic of Mexico and the Office of the Prosecutor-General of El Salvador, and that no activities have been reported in relation to trafficking in persons.

The Committee notes the programme of the child protection agents of the National Migration Institute (INM), the objective of which is to ensure respect for the rights of migrant girls, boys and young persons, especially those who are not accompanied. There are 331 child protection centres in the 32 federal departments of the INM, whose capacity is regularly reinforced by national bodies, such as the National System for Comprehensive Family Development, the COMAR, the National Institute for Women, the National Human Rights Commission and the National Council for the Prevention of Discrimination, and from international organizations, such as the United Nations Children’s Fund, the International Organization for Migration and the United Nations High Commissioner for Refugees. Between 2015 and May 2018, according to the Government’s report, the INM assisted 3,500 migrants, including 169 victims of the crime of trafficking in persons, of whom three victims were children under 18 years of age. The Committee notes that in May 2018 a total of 12,249 migrant girls and boys under 18 years of age were identified by the INM, including 4,416 unaccompanied children.

The Committee also notes that, according to the Government’s report, FEVIMTRA has participated in several meetings of the working groups supported by the United States Department of Justice with a view to improving joint action to combat trafficking in persons between Mexico and the United States.

The Committee also notes the Government’s participation in the regional operation ROCA (“breaking chains”), currently in its third phase, the objective of which is to develop regional action to combat organized criminal activities relating to trafficking in persons and similar violations involving children and young persons, and to provide assistance to victims and offer them care and protection, while conducting investigations into organized criminal structures. During the period under consideration, a total of 91 interventions were carried out and 70 victims received assistance. The Committee notes that the Government participated in 2018 in the evaluation of Operation ROCA II in Costa Rica, on which the plans for ROCA III are based. The Committee also notes the participation of the Government of Mexico in the DRACART international operation, which is aimed at optimizing investigations into child pornography with a view to initiate criminal prosecutions in 23 countries throughout the world. The Committee encourages the Government to pursue international cooperation with neighbouring countries to combat trafficking of children. It also requests the Government to continue providing information on the measures taken in the context of its programmes and the results achieved. To the extent possible, this information should be disaggregated by gender and age.

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