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

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

Article 1 of the Convention. Self-identification. In its previous comments, the Committee requested the Government to provide information on the manner in which the self-identification of indigenous peoples is promoted. The Government indicates in its report that the National Indigenous Peoples Institute (INPI) has established a methodology for the identification of the indigenous population, according to which the indigenous population is considered to consist of all persons who are part of a household in which the head of household, the spouse or any of the ascendants declares that they speak an indigenous language, even when the member of the household does not speak an indigenous language. The Government adds that the National Institute of Statistics and Geography (INEGI) promotes the self-identification of the indigenous population by capturing and publishing information on these populations based on the criterion of self-recognition. The Committee notes in this regard that the Inter-census Survey 2015 included the criterion of self-classification as indigenous, based on which it was found that 25,694,928 people classified themselves as being indigenous, that is 21.5 per cent of the national population, while based on the criterion of indigenous households, the indigenous population was quantified as 12,025,947 persons, representing 10.1 per cent of the whole of the population in the country. The Committee welcomes the use of the criterion of self-classification for the identification of the indigenous population in the country and requests the Government to provide examples of the manner in which this criterion is used to determine the beneficiaries of policies and programmes intended for indigenous and Afro-Mexican peoples.

Articles 7(3) and 15(2). In its previous comments, the Committee requested the Government to continue providing information on the consultations held in relation to hydroelectric projects. The Government provides detailed information on the participation and consultation procedures related to the hydroelectric projects of Paso de la Reina (State of Oaxaca) and Las Cruces (State of Nayarit), including information on the social and environmental impact studies undertaken. The Committee takes due note that, as a result of the consultations on the Las Cruces project, it was agreed to prepare a Regional Development Plan 2015–25 for the indigenous communities of San Pedro Ixcatán, San Juan Corapan, Rosarito, San Blasito and Saycota.

The Committee notes that the Hydrocarbons Act (section 120) and the Act on the electricity industry (section 119), both published in August 2014, envisage the requirement to engage in free, prior and informed consultation procedures with the indigenous communities and peoples where oil industry and electricity industry projects are being developed. The Committee notes that, under the terms of the Hydrocarbons Act, the consultation procedures shall have the objective of reaching agreements or, where appropriate, obtaining consent in accordance with the applicable laws. The Committee requests the Government to provide information on the consultation processes held with indigenous communities under the Hydrocarbons Act and the Act on the electricity industry, with an indication of the means and resources available to the authorities responsible for the consultation processes with a view to their appropriate implementation, and the agreements reached.

The Committee notes that the IndustriALL Global Union, in its observations, indicates that indigenous communities lack the necessary means to be informed of the environmental impact assessments published by the Secretariat of the Environment and Natural Resources, which is a barrier to their participation in public consultations on these assessments. The Committee requests the Government to indicate the manner in which it is ensured that indigenous communities have access to information on environmental impact studies relating to projects that affect their lives and environment, and on their cooperation in the preparation of such studies.

Article 8. Customary law. In reply to the Committee’s previous comments, the Government emphasizes that the new criminal justice system, which entered into force in June 2016, recognizes indigenous jurisdiction for the settlement of disputes that are not serious. The Committee notes that the General Act on electoral institutions and procedures, published in May 2014, provides that indigenous peoples and communities in federated entities may elect, based on their traditional principles, standards, procedures and practices, the authorities or representatives for the exercise of their own forms of internal government, based on the guaranteed participation of men and women under conditions of equality. The Committee requests the Government to provide examples of cases in which indigenous peoples have made use of their traditional procedures and practices for the election of representatives under the General Act on electoral institutions and procedures. The Committee once again requests the Government to provide examples of cases which have been determined through indigenous jurisdiction.

Article 12. Access to justice. The Committee notes the information provided by the Government in reply to its previous comments concerning the measures taken to facilitate the access to justice of indigenous peoples, including within the framework of the Indigenous Rights Programme (PRODEI). It notes the action taken to ensure that people belonging to indigenous peoples have a name and identity, including the introduction in 2016 of 33 registration modules for the indigenous population in coordinating centres for indigenous development and the registration campaigns in the various states. The Committee notes with interest that the National Act on the implementation of criminal penalties, issued in June 2016, provides that in order to determine the prison in which indigenous persons are to be detained, the importance of belonging to the community for the person concerned shall be taken into account. The Act requires the prison authority to take the necessary measures so that such people can maintain their traditions and customs within the prison and have access to an interpreter in their indigenous language (section 35). The Government indicates that, between January 2013 and May 2018, a total of 5,157 indigenous first offenders were released, including 491 women, through financial support for probation or temporary release measures. The Federal Institute of the Public Defender has established an Indigenous Care Unit which travels to any part of the country in which it is necessary to defend an indigenous person. These Units are composed of 25 federal public defenders, 21 administrative officials, a specialist in ethno-psychology and an anthropologist, who together speak 34 indigenous languages and linguistic variants. The Government indicates that the target is the certification of a higher number of federal public attorneys to defend indigenous persons. The Committee welcomes the efforts made by the Government to ensure the access to justice of members of indigenous peoples and requests it to continue providing information on the measures adopted to ensure the access to justice and defence of indigenous peoples in administrative and judicial procedures, including procedures in agrarian tribunals.

Article 14. Land. The Committee recalls that both the Constitution and the Agrarian Act protect the integrity of the lands of indigenous groups. The Government refers to the Programme for the Regularization and Registration of Agrarian Juridical Acts, which has been operational since 2016 with the objective of contributing to the regularization of land ownership rights and the registration of agrarian titles with a view to achieving legal security for rural ownership. It indicates that there are 55 agrarian tribunals empowered to issue rulings on complaints made by indigenous peoples concerning the recognition of their lands, and that the Office of the Agrarian Prosecutor is the body responsible for ensuring the full defence of the rights of agrarian parties, including those of indigenous peoples. The Committee notes the information provided on conciliation agreements between communities for the determination of boundaries concluded with the intervention of the Office of the Agrarian Prosecutor. The Committee requests the Government to provide updated information on all of the lands which have been identified and for which title has been issued to indigenous communities, with an indication of the ownership regime concerned. The Committee also requests information on the capacities and means of the Office of the Agrarian Prosecutor to deal with the claims of the peoples concerned.

The Committee requests the Government to provide its comments on the observations made in 2016 by the State and Municipal Services Workers’ Union of Tabasco concerning the claim for compensation by the Ribera Alta de Quintin Arauz people, Centla, State of Tabasco, as a consequence of the decision by the Higher Agrarian Tribunal not to protect part of their lands through their recognition as ejidos (communal lands).

Article 20. Conditions of employment. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted to ensure adequate labour inspection in areas in which workers from indigenous peoples work. The Government indicates that, since 2013, the General Directorate of Federal Labour Inspection has implemented the protocol on inspection in relation to safety and health, training and skills development for workplaces engaged in agricultural activities, through which such aspects are monitored as the formalization of employment and compliance with occupational safety and health standards, with special emphasis on work by pregnant and breastfeeding women. The Government also provides information on the initiative to promote decent work for young indigenous university graduates implemented by the General Directorate of Labour Market Inclusion and Child Labour to strengthen the employability of indigenous students from federated entities with a high incidence of indigenous populations. The Committee notes that, according to the Right to Work Assessment Study 2018 published by the National Council for the Evaluation of the Social Development Policy (CONEVAL), the occupational activity rate for persons speaking an indigenous language is 73.8 per cent for men and 31.4 per cent for women. The Committee further notes that, in her report on Mexico of 2018, the United Nations Special Rapporteur on the rights of indigenous peoples referred to the serious violations of the labour rights and human rights faced by indigenous rural men and women workers, including exposure to agrochemicals, a lack of social security and health services, and sexual violence (A/HRC/39/17/Add.2, paragraph 88). The Committee requests the Government to continue providing information on the measures adopted to ensure that the labour inspection services are able to discharge their duties appropriately in locations where indigenous men and women workers are present with a view to ensuring effective protection of their working conditions. The Committee also requests the Government to provide information on the impact of the measures adopted to improve the access to employment of indigenous men and women.

Articles 24 and 25. Health and social security. The Committee notes the information provided by the Government on the measures adopted to reduce the obstacles faced by the indigenous population in relation to access to hospital care. The Government indicates that, during the period 2013–18, financial support, advice and administrative support were provided in relation to access to and care in specialized medical services for over 13,000 indigenous patients, most of whom originated from highly and very highly marginalized municipal areas. The Committee notes the inclusion of intercultural criteria in the assessment for the granting of accreditation to health-care establishments. It also notes that in 2017 a total of 12,944,583 indigenous people, equivalent to 49.54 per cent of the estimated total indigenous population, were covered by popular insurance schemes. The Committee requests the Government to provide information on the number and distribution of health-care centres in areas with a high incidence of indigenous people, and on the measures adopted to ensure that these people enjoy the highest attainable standard of physical and mental health, with an indication of how their traditional preventive care, healing practices and medicines are taken into account. The Committee also requests the Government to provide information on the measures adopted to increase the number of indigenous persons covered by the social security system or by other social assistance benefits.

Articles 26 to 31. Education and means of communication. The Committees notes with interest that article 3 of the Political Constitution, amended in May 2019, provides that in indigenous peoples and communities plurilingual and intercultural education shall be provided based on the respect, promotion and preservation of their historical and cultural heritage. It also provides that education plans and programmes shall include knowledge of indigenous languages. The Committee notes the information provided on the measures adopted to overcome the obstacles to education faced by the indigenous population in relation to both basic education and middle and higher education. It also notes the information concerning the activities undertaken within the framework of the Indigenous Education Support Programme (PAEI), the objective of which is to contribute to the continued attendance, development and completion of academic grades and levels by indigenous girls, boys and young people aged between 5 and 29 years belonging to indigenous and Afro-Mexican peoples and communities through the provision of food and accommodation services, grants and supplementary activities, with priority being given to those who do not have education options in their community. Between 2013 and 2018, a total of 32,043 people who benefited from the PAEI programme completed their secondary studies, and 16,029 achieved their baccalaureate. The Committee notes that, according to the Assessment of the Right to Education 2018 prepared by CONEVAL, 13.7 per cent of indigenous children and young people between the ages of 3 and 17 years do not attend school, with the incidence of school drop-outs greater among indigenous young people. The study also indicates that the illiteracy level of the indigenous population between 30 and 64 years of age is 21 per cent.

The Committee notes that, in its concluding observations on Mexico of July 2018, the United Nations Committee on the Elimination of Discrimination against Women refers to the existence of stereotyped media portrayals and negative images of indigenous women and Mexican women of African descent (CEDAW/C/MEX/CO/9, paragraph 19(c)). The Government indicates that the Secretariat of Education is preparing content and materials to improve the visibility of the indigenous population and those of African descent, including cross-cutting themes of non-discrimination and social, ethnic and cultural diversity and human rights with a view to raising the awareness of the school population and the educational community in general.

The Committee welcomes the efforts made to promote recognition of the right of indigenous peoples to intercultural and bilingual education and requests the Government to continue providing information on the impact of the measures adopted to reduce the school drop-out rate among young indigenous people, and to reduce illiteracy among indigenous adults. The Committee also requests the Government to provide examples of the materials developed, in cooperation with indigenous peoples, to eliminate prejudices against them, and particularly against indigenous women, as well as information on the manner in which these materials are disseminated.