Understanding Mexico’s Modern Development and Human Rights Landscape

Research

Migrants are a powerful driver of economic and social development for themselves and their communities in countries of origin, transit, and destination (2030 Agenda, p 11). According to the UN, more than 272 million people migrated internationally in 2019, representing 3.5 percent of the global population (UN, 2020). The UN estimates international remittances summed up to USD 689 billion in 2018 (IOM, 2020). Migrants are vital to achieving the Sustainable Development Goals (SDGs) in critical areas, including gender, health, urbanization, climate change, social protection, education, citizenship, and poverty (ODI, 2017). 

However, migrant workers often have no protection or safety and are vulnerable to discrimination and poverty, and are socially and culturally disadvantaged regardless of their legal status. States routinely violate migrants' rights in transit at international borders and the countries they migrate to in pursuing a better life. To protect migrant workers, the UN enacted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CPRM) in 1990. The CPRM has its roots in the International Bill of Human Rights – a robust structure of immigration laws, policies, institutions, and procedures enacted in 1948. The CPRM recognizes migrants' vulnerabilities and proposes actions to "eliminate clandestine movements and trafficking in migrant workers, while at the same time assuring the protection of their fundamental human rights" (UN, 1990, p 2). Mexico signed the CPRM in 1991 and ratified it in 1999.

Migration policies are established and enforced by the states, making it a complex global issue. According to the 2030 Agenda for Sustainable Development, migration "is not a development 'problem' to be solved, but a mechanism that can contribute to the achievement of many of the Goals" (ODI, 2017, p 3). The World Migration Report 2020 (UN, 2020) offers a comprehensive compilation of data, statistics, policies, and world migration recommendations. The report identifies links between migration and 13 of the 17 SDGs. Migrants and migration dynamics "affect outcomes across development sectors and vice versa" (UN, 2020, p 21). 

Although the Mexican Constitution and Mexican migration law protect migrants in transit and in the country, the Committee on Migrant Workers noted that Mexico faces many significant challenges in protecting migrant workers' rights as a country of origin, transit, destination, and return (UN, 2018). To better understand the connection between development and migrants' rights, I will explore what actions Mexico has taken to:  

Promote a more equitable society. There is a significant inequality to access goods, services, and development possibilities within Mexican society. Inequality increases depending on gender (women earn less and have more difficulties in accessing employment), territory (inhabitants have different development possibilities regionally), and migratory status (returned citizens and undocumented migrants don't enjoy the same opportunities).
End human trafficking. One of Mexico's profound problems is violence. Gender-based violence, violence against migrants, and trafficking impact the social and economic development of nationals and migrants. Human trafficking intersects a range of development issues, including poverty, social inclusion, and justice administration.2. 

Challenges

Promotion of a more equitable society

Mexico faces several development challenges, including poverty, gender discrimination, and access to education; however, a critical obstacle to improving people's livelihoods is income inequality and healthcare access. According to the Inter-American Development Bank (IDB), by the end of 2018, 27.67 percent of Mexico's population was poor, earning less than 5.5 dollars a day (2019). The IDB considers Mexico the sixth most unequal country in Latin America behind Brazil, Colombia, Honduras, Panama, and Paraguay (IDB, 2019). Income inequality in Mexico is a complex phenomenon in which migrants are the most affected. 

Regardless of their legal status, migrants, particularly women and children, are more likely to live in informal settlements, lacking access to health, education, water, and social protection services, undermining their right to development. Low-skilled migrants often end up working in dangerous occupations in the informal economy. Female migrants typically end up working in live-in care and domestic work, frequently isolated and therefore more vulnerable to exploitation, violence, and abuse. 

However, migration is a useful tool to reduce poverty, contributing to the SDGs' achievement. For example, in the host country, migrants fill labor gaps and contribute to services, while in the origin country, migrants' remittances help alleviate poverty impacting SDG 1, SDG 8, and SDG 9. Migrants' families benefit from remittances, which allows them to spend more on basic needs, access education and health services impacting SDG 1, SDG 3, and SDG 4. Female migrants increase their autonomy and socioeconomic status impacting SDG 5. Education can improve the social, economic, and political inclusion of migrant children impacting SDG 10. Thus, addressing the migrants' challenges could help fulfill development goals for migrants and their families in the host and the origin countries (IOM, 2018).   

Mexico has implemented several policies to help alleviate migrants' obstacles to development. In 2011, Mexico signed the Political Asylum and Refugee Law (Ley Sobre Refugiados, Protección Complementatia y Asilo Político), which protects the economic, social, and cultural rights of non-nationals in Mexico. Through the National Health and Welfare Commission, Mexico signed in 2019 a cooperation agreement to enable non-nationals and their family members to access social security, facilitating migrants in transit access to healthcare. Also, article 8 of the 2011 Migration Law stipulates that migrants have the right to receive the public and private sectors' educational and medical services, regardless of their migration status. 

Nevertheless, Mexico has had problems enforcing its laws. Migrants and individuals protected by international and national laws continued to suffer systematic and systemic rights violations. In the Summary of Stakeholders' Submissions on Mexico (2018), Centro Universitario de Ciencias Sociales y Humanidades (CUCSH) noted how the lack of coordination between the migration and welfare authorities impacts the protection of the rights of migrant children. CUCSH also noted a lack of infrastructure dedicated to assisting migrants and informing them of their rights (UN, 2018c). 

To strengthen Mexico's efforts to promote the inclusion of migrants in a more equitable society, I would recommend:

  • Develop a communication campaign to promote the rights of migrants and non-nationals in transit. The campaign should include radio and television spots and bilingual pamphlets (since many Central American migrants are indigenous people who do not speak Spanish). The campaign will help foster migrants' inclusion. 
  • Reinforce the migrant registration program that allows migrants to access free healthcare and apply for jobs regardless of their legal status. The program will help reduce statelessness, create pathways out of irregular migration, and protect the legal rights of migrants.
  •  Create a network of government officials, NGOs, and economic representatives to engage in meaningful discussions about migration issues. 

Ending human trafficking

In past decades, the vast majority of migrants who crossed Mexico's southern border were mainly seasonal Guatemalan men workers employed in coffee and fruit-producing farms in Chiapas (Pastorfield-Li et al., 2020). Migration patterns changed in the last 15 years. More and more women, families, and unaccompanied minors, mainly from Guatemala, Honduras, and El Salvador, started venturing through Mexico to reach the United States (Torrre Cantalpiera, 2019). During their journey through Mexico, migrants suffer many human rights violations by Mexican authorities, and criminal gangs and individuals. The most common abuses are robbery, assault, extortion, physical and sexual assaults, intimidation and threats, corruption, destruction of documents, and detention without information about their legal situation (Pastorfield-Li et al., 2020).

Due to their unawareness of Mexican immigration laws, their rights as individuals, and the fear of being deported, migrants do not report these violations, making them even more vulnerable. The reinforcement of immigration security controls such as the Frontera Sur Program established in 2018 further exposed migrants to abuses and extortion. The border securitization and the extensive immigration surveillance have increased the cost of the journey through Mexico. The elevated costs have pushed migrants in transit to seek cheaper alternatives, thus facilitating the trafficking and smuggling of migrants, mainly women, and children. 

Young migrants are at greater risk of violence, trafficking, and exploitation, particularly girls. In the 2018 Report of the Office of the UN High Commissioner for Human Rights, the Special Rapporteur on human rights defenders noted that Mexico's level of violence against women and migrants "remained alarmingly high" (UN, 2018, p 3). The Committee on Migrant Workers noted a significant increase in crimes against migrants, particularly children and adolescents from third countries while in transit through Mexico. The Committee also found minor migrants in forced labor camps in the south of the country. As exposed by the Committee on the Rights of the Child, the "trafficking in children, particularly migrant and indigenous children, and girls, for sexual exploitation and forced labour" persists (UN, 2018, p 6). In the same report, the Committee on the Rights of the Child noted a lack of adequate measures to identify and assist migrant children (UN, 2018). 

Thus, addressing migrant trafficking could positively impact the SGDs. SGD 16 is especially relevant for human trafficking because it provides access to justice for all and builds effective, accountable, and inclusive institutions at all levels. Targets include reducing all forms of violence, including ending violence against and trafficking of children. Target 16.3 can address abuse, detention, and denial of essential services child migrants experience. Other Goals and targets that could help improve protection and safety for migrants, especially for child migrants, are SDG 8, SDG 5, and SDG 10. For example, target 8.7 on forced labor and human trafficking can address child labor and trafficking. Targets 5.2 and 5.3 could provide direction on gender and address discrimination and violence against girls. SDG 3 promotes a safe and orderly migration. 

In 2012, Mexico enacted the law against human trafficking (Ley General para Prevenir, Sancionar y Erradicar los Delitos en Materia de Trata de Personas y para la Protección y Asistencia a las Víctimas de Estos Delitos) to combat human trafficking. In 2014, Mexico published the Special Program for Migration 2014-2018 to implement the Mexican migration policy. In 2015, Mexico established the Special Unit for the Investigation of Crimes against Migrant Persons within the Attorney General's Office. However, in the Summary of Stakeholders' Submissions on Mexico (2018), Save the Children remarked child and adolescent migrants traveling through Mexico still don't have the protection provided by law. Similarly, the United Nations High Commissioner for Refugees (UNHCR) noted that Mexico needed to ensure access to justice for migrants (UN, 2018c).  

To strengthen Mexico's efforts to end migrant smuggling and trafficking, I would recommend:

  • Establish a training program for government officials on human rights to raise awareness of the immigrant population's dangers.
  • Strengthen the rule of law to help counter human trafficking and organized crime. 
  • Establish a reporting and punishment program for proven acts of corruption and migrants' extortion and abuse. Reinforcing the law will improve access to justice and address migrant smuggling and trafficking.
  • Establish an office for migrants to report abuses by public authorities. 

Conclusions

Several instruments assert Migrants' rights, including the UN Migration for Employment Convention (Convention 97), the UN Convention Concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers, the Recommendation Concerning Migration for Employment (Convention 143), the Recommendation Concerning Migrant Workers (Conventions 151 and 100), Forced Labor Convention (Convention 29) and the Abolition of Forced Labor Convention (Convention 105). 

Mexico adhered to the International Bill of Rights and has ratified 16 out of 18 International Human Rights treaties. Mexico has enacted laws and establish offices regarding migrant issues, including the 2011 Migration Law, the National Institute for Migration (INM), and the Mexican Commission for Refugees' Help (COMAR). The Committee on the Protection of All Migrant workers and Members of their Families (CMW), a body of independent experts within the UN, is crucial to monitor the implementation of policies affecting migrants. Mexico's Report of the Office of the United Nations High Commissioner for Human Rights presented to the UN General Assembly in November 2018 offers an assessment and recommendations for establishing migration policies. 

In General, Mexico has a robust legal framework to respond to the challenges of migrants in the country. However, according to experts and researchers on migration in Mexico, the state has not applied the law's force to comply with its human rights and development commitments. The connection between the migratory phenomenon and the SDG is deep, intersecting many of the 2030 development agenda targets. Even though migration is not considered a development problem per se, development affects and is affected by migrants and their movements in their country of origin, transit, and destination. 

References

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