COMMITTEE EXAMINES REPORTS OF MEXICO ON OPTIONAL PROTOCOLS TO CONVENTION ON RIGHTS OF CHILD

The Committee on the Rights of the Child today reviewed the initial reports of Mexico on how that country is implementing the provisions of the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography.

Introducing the report on the involvement of children in armed conflicts, Felipe Zamora Castro, Undersecretary for Judicial Affairs and Human Rights at the Mexican Government's Secretariat, said that Mexico had paid particular attention to the issue of the involvement of children in armed conflict in its capacity as a non-permanent member of the Security Council between 2009 and 2010. During this two-year period, Mexico had presided over two meetings on this issue, which had led to the adoption of two presidential statements on the topic.

Mexico was currently not involved in any military conflict. Mr. Zamora Castro said that the current fight that the Mexican Government was conducting to guarantee security did not correspond to the scope of the Optional Protocol and could thus not be considered as an armed conflict. Forced military service was an obligation in Mexico. While there was a possibility to serve before the age of 18, this was done with the full consent of the individual and with the consent of the parents. Individuals who entered obligatory military service before the age of 18 were in no way involved in armed conflicts. The procedures of enlisting those under 18 in the military and their involvement in military service complied completely with the provisions of the Optional Protocol.

Introducing the report on the sale of children, child prostitution and child pornography, Cecilia Landerreche, Officer in Charge of the National System for the Comprehensive Development of the Family, said that through a legal reform in 2004, the rights of girls and adolescents were given constitutional status, in order to best protect and guarantee the rights of the children. In the criminal code, penalties were established for the trade, distribution, exposure or supply to any person under 18 of any pornographic material. An offence had also been established in 2010 for pederasty and trafficking in minors.

A comprehensive justice system for adolescents had also been set up, said Ms. Landerreche, dealing with offences by minors between 12 and 18. These were guaranteed fundamental rights but also the specific rights they were acknowledged as young growing people. The Government of Mexico had also made particular efforts to set up specialized bodies for the investigation of offences covered under the Optional Protocol. They had set up a special unit investigating the trafficking of persons and body parts. In the federal public secretariat a unit for cyber offences against minors had also been set up. They were currently also developing a system to tackle persons promoting pornography on the Internet. The Government also cooperated with civil society on the issue of street children.

In preliminary concluding observations, Committee Expert Rosa Maria Ortiz, Rapporteur for the report of Mexico on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the replies it had given today. The Committee urged the State party to continue setting up a comprehensive system of protection of rights. The Committee further hoped this would produce results before the next election campaign, which was often an obstacle to progress.

In preliminary concluding observations, Committee Expert Awich Pollar, Rapporteur for the report of Mexico on the Optional Protocol on children in armed conflict, said that the discussion had proceeded well and Mexico had tried its best to conform to its obligations. The discussion had gone far and wide because there were linkages to the Convention and other topics which even reached the right to life.

The Committee will release its formal, written concluding observations and recommendations on the reports of Mexico towards the end of its three-week session, which will conclude on 4 February.

Also representing the delegation of Mexico were members of the Permanent Mission of Mexico to the United Nations Office at Geneva, the Foreign Affairs Ministry, the National System for the Comprehensive Development of the Family, the Government's Secretariat, the Ministry of National Defence, the Ministry of the Mexican Naval Army, the Federal Council of Magistrates, the Health Ministry, the General Attorney's Office and the Ministry of Tourism.

As one of the 193 States parties to the Convention, Mexico is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty.

The Committee will reconvene in public on Friday, 4 February at 12:30 p.m. to adopt its concluding observations on the country reports it considered at the current session, before closing its session.

Reports of Mexico

The initial report of Mexico on the Optional Protocol on the sale of children, child prostitution and child pornography (CRC/C/OPSC/MEX/1) states that Mexico received official visits on two occasions from the United Nations Special Rapporteur on the sale of children, child prostitution and child pornography: in the persons of Mrs Ophelia Calcetas-Santos, from 10 to 21 November 1997, and Mr Juan Miguel Petit, from 4 to 14 May 2007. The study "Infancia robada: niños y niñas víctimas de explotación sexual en México" (Stolen childhood: girl and boy victims of sexual exploitation in Mexico), estimates that some 16,000 of the children and adolescents living in Mexico have been used in practices involving prostitution, pornography, sex tourism and trafficking for the purposes of sexual exploitation. This represents 0.04 per cent of the child population. Internet monitoring carried out by the Federal Preventive Police, through the Child Predator Cybercrime Unit, had identified 1,347 sites displaying child pornography, of which 310 are Mexican sites.

Despite institutional efforts at the federal and local level to combat the crimes relating to the commercial sexual exploitation of children, Mexico still faces major challenges. The Mexican State recognizes the importance of consolidating a common front involving the three orders and levels of government, academic institutions, civil society, private firms and the media, so as to combat and eradicate the commercial sexual exploitation of children in a comprehensive and cross-cutting manner. This calls for greater coordination between the executive and legislative branches to ensure the effective prosecution and punishment of crimes relating to the commercial sexual exploitation of children, since there has been no systematic review to date at either federal or state level of all the crimes associated with the sale of children, child prostitution and child pornography, with the result that crimes relating to the commercial sexual exploitation of children co-exist in the criminal codes alongside crimes relating to the corruption of minors or statutory rape, which carry considerably lighter sentences.

The initial report of Mexico on the Optional Protocol on the involvement of children in armed conflict (CRC/C/OPAC/MEX/1), states that since there is no internal armed conflict whatsoever in Mexico, and the country is not involved in any international armed conflicts, there is no risk of Mexican children being called up by the armed forces to participate in hostilities. In accordance with the provisions of the Optional Protocol, Mexicans who join the Mexican Army or Air Force on active service must be at least 18 years of age, except when enrolled in the military education system. There is no law obliging children under 18 years to enter active service with the armed forces, nor any obligation for them to take part in hostilities.

Article 4 of the Military Service Act provides that the preliminary stages of enlistment to each class of military service will take place during the second half of the year in which individuals reach 18 years of age, and they begin their military service on 1 January of the following year. Military obligations come to an end on 31 December of the year in which they reach 45 years of age. Military service may be anticipated, but only in the case of adolescents over the age of 16 who, due to study commitments or foreign travel, are unable to perform their military service at the normal time assigned by the regulations, and provided that they have the prior authorization of the person who has parental authority. Under article 24 of the Military Service Act, persons under 18 and over 16 years of age may be admitted to join the army, but only to be trained as technical operatives in signal units under contract with the State not exceeding 5 years. In such cases, the consent of the parent or guardian, an application in writing by the person concerned and his or her birth certificate are required.

Presentation of Reports

FELIPE ZAMORA CASTRO, Undersecretary for Judicial Affairs and Human Rights at the Mexican Government's Secretariat, introducing the report on the involvement of children in armed conflicts, said that it was a great honour for them to participate in this meeting. While huge efforts had been made to comply with the provisions of the Optional Protocol, there were aspects that needed to be strengthened and areas to be further worked on. On the basis of a pacifist tradition, the Mexican Government would continue to fully respect international law and human rights, especially with regard to young children. Mexico had ratified all relevant human right conventions and humanitarian treaties, as well as the Rome Statute to the International Criminal Court.

Mexico had also set up a regional body of the Red Cross in Mexico, which was involved in the training of armed forces personnel and civil servants responsible for law enforcement. Mexico had paid particular attention to the issue of the involvement of children in armed conflict in its capacity as a non-permanent member of the Security Council between 2009 and 2010. During this two-year period, Mexico had presided over two meetings on this issue, which had led to the adoption of two presidential statements on the topic, said Mr. Zamora Castro.

Security Council Resolution 1882/2009, which had been promoted by Mexico, worked towards strengthening the prevention of the recruitment of child soldiers, and to protect them against other atrocities, said Mr. Zamora Castro.

In 2010, Mexico had submitted a list of written replies to the questions asked by the Committee after its consideration of Mexico's main report to the Committee. In the list of answers it was indicated that the country was not involved in any military conflict. Mr. Zamora Castro said that the current fight that the Mexican Government was conducting to guarantee security did not correspond to the scope of the Optional Protocol and could thus not be considered as an armed conflict.

Forced military service was an obligation in Mexico, said Mr. Zamora Castro. While there was a possibility to serve before the age of 18, this was done with the full consent of the individual and with the consent of the parents. Individuals who entered obligatory military service before the age of 18 were in no way involved in armed conflicts.

Concerning the involvement of young people in military schools, it was stipulated that 18 was the minimum age. Children over 16 could attend these schools, with the authorization of their parents. However, they would never be involved in military activities linked to conflicts, said Mr. Zamora Castro. Under no circumstances did the Mexican Government allow for minors to be involved in armed conflicts. The procedures of enlisting those under 18 in the military and their involvement in military service complied completely with the provisions of the Optional Protocol.

Mr. Zamora Castro said that there was currently a draft constitutional reform and it would have implications with regard to the place of international treaties in the Mexican legal system. Last December, the Chamber of Deputies had adopted the constitutional reform bill on human rights. There was broad consensus on the subject and they did not see any problems for its adoption. There had been changes in the legal system which had strengthened the Constitution's capacity to provide and guarantee protection.

Another recent development had been the enactment, by the Executive this January, of the law of refugees and additional protection, said Mr. Zamora Castro. The United Nations Refugee Agency had described this law as one of the most progressive in Latin America. It included the best interest of the child as one of its main characteristics. The law established a basis for care and attention for refugees, according to the best international standards.

CECILIA LANDERRECHE, Officer in Charge of the National System for the Comprehensive Development of the Family, presenting the Mexican report on sale of children, child prostitution and child pornography, said that the Government of Mexico welcomed civil society's report on the issue and agreed that they needed systematic statistics on the issues covered by the Optional Protocol.

Mexico recognized that the sale of children, child prostitution and child pornography were different issues which had to be dealt with differently, said Ms. Landerreche.

Through a legal reform in 2004, the rights of girls and adolescents were given constitutional status, in order to best protect and guarantee the rights of the children. In the criminal code, penalties were established for the trade, distribution, exposure or supply to any person under 18 of any pornographic material. An offence had also been established in 2010 for pederasty and the trafficking in minors, said Ms. Landerreche. In 2007 they had also enacted a law on trafficking in persons.

A comprehensive justice system for adolescents had also been set up, said Ms. Landerreche, dealing with offences by minors between 12 and 18. These were guaranteed fundamental rights but also the specific rights they were acknowledged as young growing people.

All these reforms had enabled Mexico to come up with a national plan in 2002 for the prevention of child sexual exploitation. Other coordinating mechanisms had also been set up, said Ms. Landerreche.

The Government of Mexico had also made particular efforts to set up specialized bodies for the investigation of offences covered under the Optional Protocol, said Ms. Landerreche. They had set up a special unit investigating the trafficking of persons and body parts. In the federal public secretariat a unit for cyber offences against minors had also been set up. They were currently also developing a system to tackle persons promoting pornography on the Internet.

Ms. Landerreche said that the Mexican Government reiterated its commitment to consider, as a priority, strategies to prevent the violation of children's rights. The national human rights commission was also running programmes to address trafficking in persons, working in cooperation with the United Nations Children's Fund and other civil society organizations and Governmental bodies.

The Government also cooperated with civil society on the issue of street children, said Ms. Landerreche. And between 2008 and 2010 the Government had held international forums and congresses on issues such as child sexual abuses, unaccompanied migrant children and pederasty. This had helped the Government in gaining more knowledge on these issues.

Ms. Landerreche said that Mexico was prepared to work hard on developing its database on issues linked to the Optional Protocol. They also recognized the importance of strengthening international cooperation.

Discussion on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

ROSA MARIA ORTIZ, the Committee Expert serving as Rapporteur for the report of Mexico on the Optional Protocol on the sale of children, child prostitution and child pornography, said that it was a privilege to have a large delegation present. It showed the country's interest in the issues at hand. The reports presented today had been due in 2004 and she underscored that it was important to keep reports to the Committee up-to-date in order for the exercise to be most effective.

Ms. Ortiz stated that the national system for the comprehensive development of the family had prioritized support to the families but nevertheless had an insufficient focus on the rights of the children themselves. The Committee had not found any body that was solely tasked with children rights. There needed to be a qualitative jump. Unfortunately, the national system for the development of the family was not strongly enshrined in the framework of the protection of all the rights of the child. There should be a specific body dealing specifically with children's rights.

The Committee however recognized the many important efforts carried out by Mexico on the issues at hand, said Ms. Ortiz.

The Committee was further concerned with the lack of harmonization under the Convention, and the lack of an operative national council of rights of the child. The Committee recognized the existence of bodies at the State level. There was also a lack of inter-ministerial coordination concerning theses issues, said Ms. Ortiz.

Ms. Ortiz also addressed the many cases of disappearances of children and of assassinations of children and noted that many of the families had not found justice today. This was proof of the existence of loopholes. What sanctions had been handed down in these cases?

Experts then took the floor and asked questions on various issues, including on the status of the Optional Protocol and other treaties and conventions in the Mexican national law and whether the Optional Protocol was invoked in the courts.

Another Expert also touched upon the issue of adoption and wondered whether the six months trial also applied to foreigners residing in Mexico. What was the prescription for the crimes covered by the Optional Protocol and was it possible to hold trials in absentia, wondered another Expert. Did Mexico have jurisdiction over foreigners residing in Mexico, or staying on a civilian vessel flying the Mexican flag and who were authors of crimes covered under the Optional Protocol?

The status and the role of the National Human Rights Commission were also addressed by one Expert. What was the current situation with regard to the psychosocial reintegration of child victims? What was being undertaken to protect the three million children who did not attend school and the children living in institutions?

Another Expert wondered whether the involvement of child witnesses in trials was limited. Also how did members of the indigenous population become aware of the Optional Protocols and their provisions?

An Expert also touched upon the definition of the crime of the sale of children and noted that it could not be the same as that of the crime of trafficking. There was a specific obligation under the Optional Protocol to introduce, in the national criminal legislation, a definition for the crime of sale.

Another Expert also wondered whether child prostitution was prohibited in all 31 Mexican States. Was the act of stockpiling child pornography covered by the criminal code?

Response by Delegation

Responding to the questions asked by the Experts the delegation said that, on the implementation of international treaties in the Mexican legal framework, the constitutional primacy continued to be in force at the moment. They first looked at the Constitution, second came the international treaties. However, the Congress was currently discussing a series of reforms regarding human rights, particularly aimed at ensuring the consideration of international treaties as being law in the area of human rights.

On the storage of pornography, the delegation said that the law stated that the prison sentence for any one who stored or exported material of child pornography was of up to 12 years. A person, who stored material, without marketing it, could get from one to two years of imprisonment and would be forced to receive psychiatric treatment.

On refugees and the measures taken to identify children seeking asylum, the delegation said that Mexico had introduced an innovative law this January, on supplementary protection for refugees. The main innovation was the fact that it included, as grounds for refugees status, not only the grounds listed in the Refugee Convention but also those included in the Cartagena Convention.

The delegation indicated that the crime of trafficking of organs was, in fact, distinct from that of trafficking in persons. The general law of health allowed for the crime of trafficking in organs to be punished by imprisonment and significant fines. The law also addressed the issue of illegal transplants.

The delegation also explained the difference between the term of “stockpiling” and that of possession of child pornography. Stockpiling was contained within the definition of possession.

Concerning the question on why there had not been so many cases brought to the courts the delegation said that there were currently a number of cases before the courts. It was also true that at the federal level they were comforted with a problem of data collection. There were problems in the data collecting process; they needed to work on it to improve the system.

The delegation indicated that, concerning forced labour, the crime of trafficking which also related to forced labour was not recognized as a separate crime.

Turning to the issue of adoptions, the delegation said that it was being dealt with at the local level. The best interest of the child was always considered. The definition of adoption had been changed in 27 out of the country's 32 states. On international adoption, Mexico had joined the Hague Convention on Intercountry Adoptions.

The fact that Mexico had a federal system meant that there was a degree of complexity, said the delegation. They believed that they had been coordinating well until now and they would continue to work in this direction, thanks to the help of the Committee.

Concerning the National Human Rights Commission, the delegation indicated that its budget was $ 72 million. It had received more than 1,700 complaints linked to children.

Turning to the cases of kidnappings, the delegation indicated these were being dealt with by the State and Federal Police. Further, a new law on the crime of kidnapping and its investigation was currently being drafted.

Concerning sexual tourism, a law had been incorporated in the criminal code where it was stated that sexual tourism was a specific crime, said the delegation. Agreements had been signed with all participants in the tourism, media, hotels and civil society organizations. The delegation further noted that the United Nations Office on Drugs and Crime had approached the Mexican Government recently to propose an awareness-raising structure with matters related to drug trafficking.

Discussion on the Optional Protocol on the Involvement of Children in Armed Conflict

AWICH POLLAR, the Committee Expert serving as Rapporteur for the report of Mexico on the involvement of children in armed conflict, noted the fact that the report should have come to the Committee in 2004. There was also no evidence that civil society had been involved in the drafting and preparation of the report. Could the State party describe how the report had been prepared?

Mr. Pollar also asked the delegation to clarify the view held by the State party with regard to its interpretative declaration to Article 4 of the Optional Protocol, as it seemed to exclude or modify the legal effect of this article's application.

While the State party's report showed that only persons above 18 years of age might take part in direct hostilities it also stated that Mexico was currently not involved in any armed conflict. The Protocol however gave obligation to States to have a clear meaning of the term “direct participation”. How did the State party understand that term, asked Mr. Pollar?

Mr. Pollar further wondered whether there were any non-State forces in Mexico; how about private security armed groups; and had there been any negotiations with armed groups?

Other Experts then took the floor to ask further questions, including on the State party's responsibility with regard to the recruitment of children by non-State armed groups. While Mexico said that they had no knowledge of such groups operating on its territory, the Committee had received information indicating the contrary. The revolutionary Zapatista Movement was one example of such an armed group. One Expert suspected that children were being recruited by such armed groups. What was the State party doing to prevent the recruitment of children in these groups?

An Expert also noted that the State party had indicated in its written replies that there was no legislation addressing the recruitment of children under 18 in the armed forces. Concerning the minors attending military schools, did they have a civilian status? Were they treated under the juvenile justice system when they infringed the law?

Another Expert said that the Committee had information indicating that children that were members of military schools had been used as watch outs during the drug war. Were children participating in the conflicts? The Committee also had information that these children carried weapons in these operations. Concerning earlier enlistment, could those under 16 years of age be mobilized in an emergency situation?

Further, what did the State party do to prevent the export of weapons to regions and countries where these might be used by children? And what was being done to prevent the importation of small arms and their accessibility to children in Mexico, as well as armed gangs, asked Experts.

How well known was this Optional Protocol in the society at large in Mexico, including among children, wondered one Expert. The delegation had indicated that the members of the armed forces were being trained in human rights. Were they also being trained on children's rights, and the Optional Protocol? How well trained and informed were the members of the military in child rights?

Further, were there any peace education programmes in the ordinary schools and in the military schools, asked an Expert.

Response by Delegation

Responding to Experts' questions, the delegation said that Mexican minors under 18 did not take part into any national or international conflicts. Concerning the question of the conflict in the Chiapas, the delegation indicated that the situation had evolved since the start of the conflict up until the adoption of the Optional Protocol and until now. The involvement of the Zapatista Movement, the Mexican Government and civil society had helped to move the conflict into a citizens' movement. This was the reason why they said that since the entry into force of the Optional Protocol, there has been no conflict in Mexico.

The delegation said that Mexico was involved in an enormous effort to comply with its human rights obligations. While it was true that it had taken time for them to submit the current report, the delegation noted that, today, they were up to date with their reporting obligations due to the United Nations human rights system. Mexico had also had seven visits of Special Procedure mandate holders. There was a full and open invitation to all standing Special Procedures to visit the country.

Concerning the manner in which the report had been drafted, the delegation indicated that a so-called Commission for Dialogue had been set up with civil society. They had thus opened the report for dialogue before its final drafting.

The delegation indicated that there were two kinds of persons doing voluntary military service in Mexico: students under 18 in military academies and persons no more in active duty. Then there was the compulsory service for children reaching 18. Some youngsters might request to do their service starting with 16 for practical reasons. The service was only done Saturdays for a few hours, it was not military training anymore, as it had used to be. It had become a part of community services, which included activities for general social benefits, such as painting school walls.

The delegation indicated that in 2010, there had been approximately 1,300 minors doing military service. This figure was similar to that of the years prior to 2010.

Mexico did not allow for forced recruitment of children in the armed forces. Under no circumstances could children be used in times of emergency. In the Mexican Army, minors between 16 and 18 were only allowed into communications units to prepare as technicians in contract with the State for period no longer than five years. In no way would children be involved in teaching units that would be involved in conflicts. Children in the military academy were able to leave when they wanted.

Children who felt that their rights had been abused in the military schools could go through a complaint procedure to the civil or the military authorities. The delegation also indicated that military courts were not exceptional legal forums in Mexico. There were three kinds of courts in Mexico: federal, local and military. In the case of a minor serving in the army and having committed a crime, the sentences would be handed down by the military courts; however, these were then checked by the Prosecutor's office and the regional courts.

The delegation also noted that Mexico was one of the few countries that had recognized the Paris Commitments on illicit use of children in armed conflicts.

Turning to the interpretative declaration Mexico had made at the time of the ratification on Article 4, the delegation indicated that it did not have the aim of countering the Optional Protocol. Mexico was not seeking any derogation to the Optional Protocol and did everything to ensure that the recruitment of minors was prohibited.

They were also aiming towards revising this interpretative declaration, in consultation with all involved bodies, said the delegation.

Concerning the fight for security currently taking place against drug traffickers, the delegation said that 90 per cent of the deaths in the drug sector had been the product of internal wars between criminal gangs. Mexico was a drug corridor: it shared its borders with the biggest drug consumer countries and the biggest drug producing countries in the world. Those involved in drug trafficking were looking for new ways to carry out their activities.

The delegation said that the Mexican strategy to address the problem included five points: increasing the State's capacity to combat drug trafficking by strengthening the capacity of security forces to deal with armed groups; the need to immediately increase the technological capability of the Mexican State; modification of the legal framework in order to allow for a better participation and coordination; ensuring that children did not fall into criminal gangs through social campaigns and programmes of safe schools; and involving the international level through the exchange of technology and intelligence.

The delegation indicated that there were currently four Latin American countries and two Caribbean countries which had considerable higher homicide rates than Mexico. Comparing the current situation to other cities, such as New York, Chicago, Medellin, and Bogotá, it could be shown that when a State began to fight delinquency there was an explosion of violence, before it decreased significantly. It was a complex situation but they were sure that they were on the right track.

Concerning the situation of private security armies, the delegation said that there were none in Mexico. A new national security act had recently entered into force, which regulated all private security elements. These private security elements had to comply with all the same regulations as those of the public security elements.

Preliminary Concluding Observations

In preliminary concluding observations, Committee Expert ROSA MARIA ORTIZ, Rapporteur for the report of Mexico on the Optional Protocol on the sale of children, child prostitution and child pornography, thanked the delegation for the replies it had given today. They had sufficiently discussed the issue. The Committee urged the State party to continue on this path and encouraged Mexico to continue setting up a comprehensive system of protection of rights. The Committee further hoped this would produce results before the next election campaign, which was often an obstacle to progress. It would be nice if Mexico could hurry up in this regard.

In additional preliminary observations, Committee Expert AWICH POLLAR, Rapporteur for the report of Mexico on the Optional Protocol on children in armed conflict, said that the discussion had proceeded well and Mexico had tried its best to conform to its obligations. The discussion had gone far and wide because there were linkages to the Convention and other topics which even reached the right to life. The State party report and the discussion had showed the commitment of Mexico. There were however things that he wished that they had discussed.


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CRC11/011E