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Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 29) sur le travail forcé, 1930 - Mexique (Ratification: 1934)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mexique (Ratification: 2023)

Autre commentaire sur C029

Observation
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  4. 2012
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The Committee notes the adoption of the General Act of 14 June 2012 concerning the prevention, punishment and elimination of offences connected with the trafficking of persons and protection and assistance for the victims of such offences. It notes that the Act not only makes the trafficking of persons a criminal offence but also criminalizes a number of related offences such as slavery, debt bondage, the imposition of forced labour or services, and the exploitation of labour. The Act also establishes a comprehensive legal and institutional framework for combating these offences, and establishes the competence, powers and coordination of the various players involved in the prevention and punishment of these offences and also in the protection of the victims. The Committee notes with interest that this new Act enables a comprehensive body of legislation to be used against all forms of forced labour, as defined by Article 2(1) of the Convention.
Articles 1(1), 2(1) and 25. Trafficking in persons. 1. Strengthening of the legislative and institutional framework. The Committee refers to its previous comments and notes that the new Act of 2012 covers in a more comprehensive and detailed way the various aspects of action against trafficking in persons already established in the legislation that was already in force. The Committee notes that the Inter-Ministerial Committee set up to prevent and penalize the trafficking of persons drew up the National Programme for the Prevention and Punishment of Trafficking in Persons which was adopted on 6 January 2011. The Programme comprises four objectives: increasing knowledge of trafficking in persons; preventing and raising awareness of this phenomenon; contributing to the effective functioning of the justice system; and providing comprehensive protection for victims. The Committee duly notes the detailed information supplied by the Government on the range of activities undertaken within or outside this programme by the numerous ministerial departments concerned, including the National Institute for Migration, consular services abroad, the National Institute for Women, the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA), and the National Committee for the Development of Indigenous Peoples. These activities concentrated on raising public awareness of the complex phenomenon of trafficking in persons, particularly through the Corazón azul campaign and many of them targeted persons most at risk of becoming victims of trafficking, such as indigenous or migrant workers. Moreover, a large number of activities were undertaken to train public officials on victim identification and protection.
The Committee encourages the Government to pursue its efforts and expresses the hope that the application of the new Act will allow for trafficking in persons to be more effectively combated. The Committee requests the Government to continue to supply information on the implementation of the National Programme and on the activities undertaken by the Inter-Ministerial Committee with the aim of preventing and punishing trafficking in persons. The Government is also requested to send a copy of the annual report of the Inter-Ministerial Committee on the results achieved in the context of the implementation of the National Programme and on evaluations of the policies pursued in this area, as provided for in sections 93 and 94 of the Act of 2012.
2. Participation of public servants in the trafficking of persons. With reference to allegations of complicity and direct participation of law enforcement officials in the trafficking of persons, the Committee asked the Government to take the necessary steps to conduct the appropriate investigations into cases of participation by public servants, in particular law enforcement officials, in the trafficking of persons. In its report, the Government provides statistics on the administrative penalties imposed on officials of the National Institute for Migration for disciplinary offences such as abuse of authority, mistreatment and negligence. The Government states that in 2011 two preliminary investigations were opened further to complaints made against public servants in trafficking matters. The Committee observes in this regard that both the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Inter-American Commission on Human Rights (IACHR) of the Organization of American States noted with concern during two visits to the country the allegations concerning the involvement of public servants in a number of cases of trafficking, particularly the abduction of migrant workers for handing over to organized crime networks (document CMW/C/MEX/CO/2 of 3 May 2011 and IACHR press releases 105/2011 and 82/2011). The Committee urges the Government to take all the necessary measures to ensure that both appropriate administrative and criminal investigations are conducted and that public servants who are found guilty are punished. It is essential that the victims of trafficking in persons, who are often migrant workers in an extremely vulnerable situation, can trust the authorities whose task it is to protect them.
3. Protection of victims. Referring to its previous comments, the Committee notes that the third title of the new Act sets forth in greater detail the rights and the protection already granted to victims as established by the previous legislation (sections 59–83). In this regard, the Committee notes the actions undertaken by the National Institute for Migration to inform victims of their rights (including the right for foreign victims to remain on the national territory) and to promote their access to the justice system. Moreover, the unit of the Public Prosecutor’s Office which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA) has drawn up a protocol for comprehensive assistance to victims aimed at ensuring their safety and providing them with legal, psychological and social support. The Government indicates that FEVIMTRA has established four specialist centres in the country, which have provided 163 trafficking victims with assistance. Moreover, a refuge that specializes in providing protection for trafficking victims has been established and by 30 April 2011 this had assisted 117 victims, with another 98 being referred to reception centres run by civil society. The Committee expresses the hope that the Government will continue to take steps to ensure the safety and protection of victims of trafficking and to enable them to assert their rights with regard to the competent authorities. The Government is also requested to indicate the measures taken to promote the rehabilitation of Mexican victims of trafficking who return to the national territory.
4. Adequate and strictly enforced penalties. With reference to its previous request concerning court rulings issued on the basis of the provisions that make trafficking in persons a criminal offence, the Committee notes the Government’s indication that it does not have any relevant information. It provides statistics on preliminary investigations opened between June 2010 and May 2011. Out of 100 investigations opened in this period, 35 have been referred to the courts. The Committee can only note with concern the absence of more precise information on the cases of trafficking in persons that are before the courts or which have resulted in convictions, inasmuch as the powers of the Inter Ministerial Committee include the gathering of quantitative and qualitative data on criminal offences relating to trafficking in persons. Noting that the Act of 2012 confers special powers to combat the trafficking of persons on the Public Prosecutor’s Office and on the police, the Committee requests the Government to indicate the steps taken to strengthen the capacities of the police and Public Prosecutor’s Office, particularly the unit which specializes in dealing with violence against women and the trafficking of persons (FEVIMTRA), to enable them to identify the victims of trafficking and conduct effective investigations leading to the institution of judicial proceedings. The Committee recalls that, in accordance with Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a criminal offence by penalties that are adequately and strictly enforced. The Committee therefore requests the Government to supply information on judicial proceedings under way and on convictions that have been issued, both on the basis of the new Act of 2012 referred to above and the Act that was applicable at the time of the events. The Committee also requests the Government to indicate whether, as provided for by the Act, the criminal courts have also ruled on the amount of damages to be paid to the victims concerned.
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