Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 3(d) and Article 4, paragraph 1, of the Convention. Hazardous types of work. In its previous comments, the Committee noted that certain provisions of the national legislation set the age of 18 years for admission to certain types of work which, by their nature and the circumstances in which they are carried out, are likely to harm the health, safety or morals of young persons: section 175 of the Federal Labour Act (night work in industry); section 160 of the Federal Regulations on occupational safety, health and the working environment (work involving the exposure of young persons to ionizing radiations); and section 202 of the Federal Penal Code (work in bars, taverns and places of debauchery). It also noted that, with the exception of the provisions mentioned above, the age established for admission to hazardous and unhealthy types of work is 16 years: section 175 of the Federal Labour Act and sections 154 and 159 of the Federal Regulations on occupational safety, health and the working environment. The Committee noted the Government’s indication that the provisions respecting the special protection of young persons, and particularly those relating to hazardous types of work, are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. In this respect, the Committee requested the Government to take the necessary measures to ensure that young persons between the ages of 16 and 18 are only authorized to perform types of hazardous work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

The Committee notes that the Government confines itself in its report to referring to the relevant legislative provisions respecting hazardous types of work, without providing additional information, particularly on the measures adopted to ensure compliance with the conditions established in Paragraph 4 of Recommendation No. 190 allowing the performance of hazardous types of work by young persons between the ages of 16 and 18 years. In this respect, the Committee reminds the Government that, under the terms of Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, is one of the worst forms of child labour and is prohibited for all young persons under 18 years of age. It also reminds the Government that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing employment or work by young persons as from the age of 16 under strict conditions relating to their protection and prior training, and after consultation with workers’ and employers’ organizations. The Committee therefore once again requests the Government to provide information on the measures adopted to ensure that young persons aged between 16 and 18 years are only authorized to carry out hazardous types of work in accordance with the provisions of Paragraph 4 of Recommendation No. 190.

Article 4, paragraph 2. Identification of where hazardous types of work exist. With reference to its previous comments, the Committee notes the information provided by the Government concerning the inspections carried out by the Federal Labour Inspectorate in the formal economy. The Committee however reminds the Government that, under this provision of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work so determined exist. It therefore requests the Government to take the necessary measures to identify hazardous types of work, after consultation with the organizations of employers and workers concerned, and to inform it of the results.

Article 5. Mechanisms to monitor the implementation of the provisions of the Convention. Further to its previous comments, the Committee takes due note of the information provided by the Government on the activities of the special coordination section on the trafficking of young persons and the police information technology unit of the federal police force.

Article 6. Programmes of action to eliminate the worst forms of child labour. With reference to its previous comments, the Committee notes the information provided by the Government on the impact of the following programmes: the national programme on the rights of children and young persons; and the inter-institutional programme for the protection of young persons in border areas. In particular, it notes that, in the context of programmes for the protection and development of children engaged in economic activities, the Secretariat for Labour and Social Assistance has formulated a programme to prevent and combat child labour. Awareness-raising activities for the population have been undertaken in the context of this programme, particularly with regard to the worst forms of child labour. The Committee also notes that various actors concerned with the problem of child labour, including government agencies, employers’ and workers’ organizations and NGOs, participated in a forum on child labour and the follow-up to Convention No. 182 in June 2004. Furthermore, the Committee notes that, following consultations between the Government and employers’ and workers’ organizations on the action to be taken to eliminate the worst forms of child labour, a tripartite committee was established on the effect to be given to Convention No. 182. The Committee requests the Government to provide information on the activities and operation of the tripartite committee on the effect to be given to Convention No. 182, particularly with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that, in the context of their activities, the police information technology unit and the special coordination section on the trafficking of young persons, among other actions, identified 285 groups distributing material containing child pornography and 68 web sites containing images of child pornography. It also notes that 18 members of an organization engaging in child sexual tourism on the Internet and the corruption and prostitution of children have been apprehended. The Committee requests the Government to indicate whether these persons have been prosecuted and convicted and, if so, to indicate the penalties imposed.

Article 7, paragraph 2. Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. The Committee notes that, according to the information provided by the Government, the programmes of action implemented concerned both boys and girls. However, it notes that, according to a study published in 2004 by the National Institute for Statistics and Geographical Information (INEGI) entitled "Child labour in Mexico (1995-2002)", over 80 per cent of girls between the ages of 12 and 17 years are engaged in an economic activity, particularly in domestic service. The Committee requests the Government to provide information on the measures adopted or envisaged to protect girls who work in domestic service from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, according to the Government, the programme to prevent and combat child labour is reported to have contributed to a decrease of between 15 and 25 per cent in the labour market participation of girls and boys. It notes that, according to the study by the INEGI, "Child labour in Mexico (1995-2002)", some 3.3 million children are engaged in an economic activity, particularly in the agricultural and craftwork sectors, as traders or hawkers, domestic workers or service employees. Also according to this study, girls and boys begin working in the agricultural sector at a very early age, as they do in domestic service and in arduous and dangerous types of work. The study concludes that it is necessary to carry out research into these activities with a view to quantifying the number of children working in these sectors so that the necessary measures can be taken to guarantee their development and respect for their rights.

The Committee once again notes that, with the exception of commercial sexual exploitation, the statistics available do not specifically cover the worst forms of child labour. It therefore once again requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions and convictions. To the extent possible, the information provided should be disaggregated by sex.