Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C169

Observation

Direct Request

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The Committee notes the comprehensive information provided by the Government in the detailed report received in September 2013, which includes observations from the Confederation of Industrial Chambers of the United States of Mexico (CONCAMIN). The Committee also notes the observations made by the International Organisation of Employers (IOE), which were transmitted to the Government on September 2012. The CONCAMIN indicates that it is important to develop and implement programmes for the various indigenous and tribal groups, and also expresses concern at the confusion that could arise from the requirement to submit any action in relation to infrastructure, economic and social development for the approval of indigenous peoples. The CONCAMIN considers it positive that the Government has provided information on the programmes related to the inclusion of indigenous groups in productive activities in various areas of the country. Similarly, the IOE, referring to the requirement of consultation set out in Articles 6, 7, 15 and 16 of the Convention, expresses concern at the negative impact that failure to comply with that requirement can have for States parties in projects carried out by both public and private enterprises. The Committee notes that the National Commission for the Development of Indigenous Peoples (CDI) held over 30 consultations, which served at the federal and state levels as a means for the harmonization of legislation, the formulation of development plans and programmes, the development of public policies, cultural protection and dissemination and the protection of natural resources. In particular, the Government emphasizes the outcome of the consultations held in the states of Guanajuato, Hidalgo and Nueva León. The Committee refers to its direct request, in which it deals with other aspects relating to consultation, and invites the Government, together with the social partners and indigenous organizations, to continue providing information on the progress achieved in relation to the measures taken to give effect to the Convention (Parts VII and VIII of the report form).

Articles 2 and 33. Coordinated and systematic action. The Committee notes the budgetary resources allocated for the period 2012–13 for the indigenous population and the impact of the programmes and activities carried out by the CDI. The programmes implemented by the CDI, which benefited from greater budgetary allocations during the period 2012–13, were: the Basic Infrastructure Programme for Indigenous Peoples (PIBAI), the Indigenous Regional Funds Programme (PFRI) and the Productive Organization Programme for Indigenous Women (POPMI). During the period 2011–13, the PIBAI benefited 2,321,000 inhabitants through coordination agreements and direct implementation; the PFRI financed 3,433 productive projects, benefiting 31,987 indigenous producers, of whom 53.8 per cent are women; and the POPMI supported 7,696 productive projects, contributing to improving the quality of life of 82,739 indigenous women residing in areas with a high or very high level of marginalization. The Committee also notes with interest the inclusion of strategy 2.2.3 in the National Development Plan 2013–18, published in May 2013, which includes three action lines intended to promote the harmonization of the national legal framework in relation to indigenous rights, encourage the participation of indigenous communities and peoples in the planning and management of their own community development, and to promote the economic development of the indigenous peoples and communities. Furthermore, in February 2013, a Dialogue Commission with Indigenous Peoples of Mexico was established within the Secretariat for Governance. The Committee invites the Government to provide information in its next report on the impact of the programmes and projects implemented to promote the economic, social and cultural rights of indigenous peoples. Please indicate the manner in which the peoples concerned have participated in the development of the programmes and measures implemented.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Articles 2, 3 and 7. Sexual and reproductive rights. In the report of the tripartite committee adopted by the Governing Body in March 2004 (GB.289/17/3), the Government was requested to take measures to ensure that the decision to freely choose definitive contraceptive methods, and to ensure that the persons concerned are fully aware of the definitive nature of such methods of contraception. In the report received in September 2013, the Government indicates that the procedure implemented by the Opportunities Programme of the Mexican Social Security Institute (IMSS) is of informed and shared consent. The operational, political and strategic criteria for the provision of services are principally governed by the Mexican Official Standard on family planning services and the technical guidance of the IMSS on the use of contraceptive methods. The Committee notes the information provided by the Government on the impact of the measures adopted and the programmes implemented in relation to reproductive health. The Committee notes in particular the impact of the programme in the field of maternal health, and particularly the reduction in the maternal mortality rate, which fell from 65.9 to 37.3 per 1,000 live births between 2007 and 2012. In reply to its previous comments, the Government reaffirms the recognition and registration of questions or complaints relating to forced sterilization recorded within the area of competence of the IMSS Opportunities Programme. The Committee also notes with interest the Gender Equity Action Programme with the Indigenous Population (PAIGPI), the objectives of which include the full exercise of sexual and reproductive rights. In 2012, the PAIGPI consolidated its initiatives in relation to the Indigenous Women’s Forum and developed projects for indigenous women’s organizations addressing violence and sexual and reproductive health, which it was estimated were attended by 17,350 women and 2,368 men. The Committee invites the Government to continue providing information on the manner in which informed consent concerning sexual and reproductive rights has been included in programmes intended for indigenous communities.

Article 6. Consultation. The Committee notes the relevant information provided by the Government concerning the inclusion in state constitutions and legislation of the right of indigenous peoples and communities to consultation and participation. The Committee also notes the recommendations of the final report on the consultation concerning the draft general Bill on consultation in relation to legislation, the purpose of consultation, the principles, the process of consultation and minimum rights. In 2012, the CDI updated the system of indigenous consultation and a consultation protocol was approved by the Advisory Council of the CDI at its XXXIIIrd ordinary session in February 2013. The Committee invites the Government to provide the Office with a copy of the abovementioned protocol when it is available. The Committee also invites the Government to continue providing information on the various consultation processes conducted in the country at the federal, State and municipal levels. Please also provide information on the progress made in the legislative process of the consultation Bill.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Construction of a highway. The Committee refers to its previous comments and reiterates its request to the Government to indicate the manner in which the complaints and claims for compensation lodged by indigenous communities in relation to the construction of the Oaxaca–Istmo highway have been resolved (GB.296/5/3, June 2006).

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

Community of San Andrés de Cohamiata. With reference to developments in the land dispute examined in a representation (GB.272/7/2, June 1998), the Government indicates that it is continuing to pay attention to this agrarian issue, even though the conditions for negotiation between the parties have not been conducive to its final settlement. The Committee notes that the Government will maintain continuous communication so that, in a consensual manner and under respectful and cordial conditions, discussions are maintained until it is finally resolved. The Committee refers to its previous observations and once again hopes that the parties to the dispute will make efforts to reach a satisfactory solution so as to bring an end to a conflictual situation that has gone on for several decades. The Committee invites the Government to continue providing information on any developments in this respect.

In a direct request, the Committee examines the application of indigenous customary law, land regularization, the 2012 reforms of the Federal Labour Act, inspections carried out in areas in which indigenous workers work, and progress in relation to multicultural bilingual education.