Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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 kinds 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 hazardous types of work are in conformity with Paragraphs 3 and 4 of Recommendation No. 190. It 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 hazardous types of work in conformity with the provisions of Paragraph 4 of Recommendation No. 190.

While noting the information provided by the Government, the Committee observes that it relates to work by children aged between 14 and 16 years. It once again reminds the Government that, under Article 3(d) of the Convention, hazardous work is one of the worst forms of child labour and applies to all young persons under 18 years of age. It also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions of protection and prior training, as well as the consultation of employers’ and workers’ 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 7, paragraph 2. Effective and time-bound measures. Clause (e). Taking into account the special situation of girls. Domestic work. In its previous comments, the Committee noted that, according to a study published in 2004 by the National Institute for Statistics, Information and Geography (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 notes the information provided by the Government, according to which awareness-raising activities on domestic work by children, and particularly girls, have been carried out in the country. It also notes that an information leaflet on domestic work has been distributed in educational institutions. While noting this information, the Committee observes that, however important awareness-raising measures may be on domestic work by children with a view to combating this problem, they cannot replace measures to protect children against conditions of work that are likely to harm their health, safety or development. In this respect, the Committee notes that children, and particularly young girls, who are engaged in domestic work are often the victims of exploitation, which takes on very diverse forms, and that it is difficult to supervise their conditions of employment due to the clandestine nature of such work. The Committee therefore urges the Government to redouble its efforts and to take the necessary measures to protect these children against the worst forms of child labour, and to provide information in this respect.

Article 8. Poverty reduction. The Committee notes that, according to the information contained in the ILO/IPEC activities report of 2007 on the project “Support for the prevention and elimination of the commercial sexual exploitation of children (CSEC) and the protection of CSEC victims in Mexico”, a programme of poverty reduction in urban areas has been launched in the country. Noting that initiatives taken to reduce poverty contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any substantial impact noted during the implementation of this poverty reduction programme on the elimination of the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously 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 craft work 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 concluded 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 requested the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour.

In its report, the Government indicates that in 2006 an activity was undertaken in collaboration with ILO/IPEC–SIMPOC on techniques for estimating child labour with a view to identifying components for the formulation of a reliable procedure for the estimation of child labour in Mexico. Furthermore, an activity was undertaken in July 2007 in collaboration with ILO/IPEC for the formulation of questionnaires on the work performed by children with a view to revising the INEGI’s indicators. As a result, the national study on employment and occupation in 2007 will contain a chapter on child labour. The Committee requests the Government to provide a copy of this national study with its next report. It hopes that it will contain 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 undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.