Forced labor is a severe violation of human rights and a persistent global issue affecting millions of individuals. According to the ILO, 27.6 million men, women, and children are in forced labor globally.[1] Over $236 billion USD is generated in illegal profits using forced labor every year.[2]
Both Mexico and the United States have robust legal frameworks to eradicate the use of forced labor and have made great strides in detection and enforcement. However, the secretive nature of the forced labor industry, changing bad actor tactics, and the intensive resourcing required presents challenges to both countries.
Forced Labor in Mexico
While Mexico has made great strides in identifying and preventing forced labor, it is still a problem that impacts hundreds of thousands of citizens. Certain risk factors[3] may make certain individuals more vulnerable to forced labor than others, including:
- Poverty
- Unstable immigration status
- Language barriers
- Lack of social support systems
- Physical or developmental disabilities
An estimated 850,000 people are still living in modern slavery today in Mexico.[4] The Department of Labor has identified a list of goods it has reason to believe are produced using child labor and forced labor in Mexico including[5]:
- Beans
- Cattle
- Chile peppers
- Coffee
- Cucumbers
- Eggplants
- Garments
- Leather goods/accessories
- Melons
- Onions
- Poppies
- Pornography
- Sugarcane
- Tobacco
- Tomatoes
Investigations have also uncovered severe forms of child labor including using children in the production and trafficking of drugs and in dangerous agricultural work.[6]
Mexico Efforts to Eliminate Forced Labor in Mexico
Over the past several years, the Mexican government has both acknowledged the prevalence of forced labor and taken steps to identify it and stop it. The government has amended its labor laws, signed a national pact that establishes nationwide objectives, and committed to transparency and reporting. However, both the Mexican government and international bodies recognize that there is more work to be done.
Mexico has been actively working to combat forced labor, driven by both international commitments and domestic reform initiatives. These efforts are guided by the country’s obligations under the USMCA, the ILO conventions, and Mexico’s own labor law reforms. Below is an overview of Mexico’s approach, recent actions, and the challenges it faces in eliminating forced labor.
- Labor Law Reforms
Mexico’s comprehensive labor reform, enacted in 2019, introduced protections for workers and mandated independent labor courts to replace corrupt conciliation boards.[7] These reforms include provisions that make it easier to report forced labor practices and give workers the right to unionize and demand fair labor conditions.
The reform also specifies penalties for employers who engage in exploitative labor practices, including forced labor. These penalties apply across industries and include potential fines and imprisonment for offenders.
- Commitments under the USMCA
Mexico’s commitments under the USMCA include specific provisions addressing forced labor, as well as a general commitment to uphold internationally recognized labor rights. To avoid trade restrictions or sanctions, Mexican exporters must ensure that their goods are produced under fair labor conditions. The Mexican government collaborates with U.S. and Canadian authorities to address forced labor concerns within specific industries.
Mexican facilities suspected of labor rights violations, including forced labor, can be investigated and required to take corrective actions. Mexico has worked with the U.S. in cases involving the automotive and agricultural sectors, where reports of labor abuses have been more prevalent.
- Focus on Child Labor
Child labor remains a significant challenge in Mexico. Approximately 3.7 million children aged 5 to 17 are engaged in child labor, with 2 million involved in hazardous work.[8] These children are often found in agriculture, construction, and informal urban economies, where they face significant health and safety risks.
To combat this issue, in 2023, the state secretaries of labor, the Federal Commission for Addressing Child Labor, and state-level commissions signed a national pact (Pacto del Mayab) that established shared objectives to combat child labor and forced labor in Mexico.[9] The federal commission also published a guide for employers on regulation compliance, expectations for general working conditions, and required benefits for working adolescents. The government also publishes a digital handbook informing minors aged15-17 about their working rights.
- Enforcement and Monitoring
Mexico has taken steps to strengthen the enforcement of labor standards, including measures specifically targeting forced labor. The Ministry of Labor and Social Welfare (STPS) plays a central role in monitoring labor practices, conducting inspections, and enforcing labor laws.
To enhance its efforts, the STPS has increased labor inspections, especially in high-risk sectors such as agriculture, construction, and manufacturing. Inspectors are trained to identify signs of forced labor, such as withholding of wages, restricted movement, and abusive working conditions.
The Mexican government has also increased funding and training for labor inspectors to address forced labor and other labor rights violations more effectively.[10] This includes specific training on identifying and handling cases of forced labor and child labor.
- International Partnerships and Capacity Building
Mexico collaborates with international organizations and the U.S. to build capacity for identifying and eliminating forced labor. These partnerships provide Mexico with resources and expertise to address forced labor comprehensively.
Mexico works with the ILO to align its labor standards with international guidelines. The ILO provides technical assistance, resources, and training for Mexican officials on forced labor issues.
Mexico also leverages U.S. assistance programs. For example, through the USMCA, the U.S. Department of Labor and USAID support Mexico’s labor reform efforts, including programs that help identify and prevent forced labor.[11] This includes funding for monitoring initiatives, worker education programs, and training for Mexican labor inspectors.
- Awareness Campaigns and Worker Protections
Public awareness campaigns and legal protections are essential to combating forced labor in Mexico. These initiatives help inform workers about their rights and provide channels for reporting labor abuses.
The Mexican government and labor organizations conduct public campaigns to inform workers of their rights, including protections against forced labor. These campaigns are targeted at vulnerable populations, including migrant and seasonal workers, who are at a higher risk for exploitation.
Mexico has established hotlines[12] and complaint mechanisms for workers to report labor abuses. Workers can anonymously report instances of forced labor, allowing the government to investigate and take action.
Recommendations to Eliminate Forced Labor from Products Imported into the U.S. from Mexico
Mexico has made great strides in taking action to eliminate the use of forced labor. Mexico’s laws are consistent with international standards and Mexico has ratified all key international conventions concerning child labor. However, lack of resourcing for enforcement and coordination as well as limited social programs may hold back the ultimate goal of eliminating forced labor.
A. Enforcement
Additional resourcing could improve Mexico’s enforcement of both in-country labor laws and enforcing laws against the importation of goods produced with forced labor.
- In-country labor laws
There are multiple opportunities for Mexico to improve enforcement of its own forced labor laws.
Inspector resourcing
Enforcement of forced labor laws in Mexico continues to be limited by lack of resourcing. Mexico’s STPS would benefit from greater funding and resources to expand the number of labor inspectors, especially in rural and informal sectors where forced labor risks are highest.
Additionally, inspectors could greatly benefit from focused training on identifying forced labor, particularly in agriculture and manufacturing. This training would help inspectors detect abuses more effectively and avoid over- or underenforcement.
Business compliance
Mexico can take action to strengthen compliance and accountability measures for businesses. Requiring companies to perform labor due diligence, similar to standards in the U.S. and the EU, would help reduce forced labor in supply chains. Companies could be required to certify compliance with labor laws, conduct third-party audits, and disclose labor practices in their supply chains.
Mexico could establish tax incentives or other benefits for companies that demonstrate compliance with labor laws and engage in ethical labor practices. Recognizing and rewarding compliant businesses would encourage broader adherence to labor standards.
Stronger Penalties
Mexico could increase penalties for companies and individuals involved in forced labor to act as a stronger deterrent. This might include higher fines and tougher criminal consequences, sending a clear message that force labor will not be tolerated.
- Trade Enforcement Mechanisms
Mexico could implement a customs-based enforcement tool to block goods produced with forced labor from being exported. This would align Mexico’s enforcement with the U.S. and send a strong message to businesses to comply with labor laws.
Mexico could also consider enhancing penalties for forced labor violations, including significant fines and potential facility closures.
B. Government Policies
Additional policy development is needed to ensure consistency and transparency in the enforcement of forced labor laws.
Inspection Standards & Coordination
The Mexican government can ensure that state-level labor inspectors conduct targeted, routine, and unannounced labor inspections in all sectors. There is also a need for improved coordination and information sharing between federal and state labor inspectors.
Transparency
Mexico’s forced labor enforcement programs would benefit from additional reporting and transparency. Currently, the government does not report information at the state or federal levels on the number of violations uncovered, fines that were collected, prosecutions, or convictions.
Strengthen Unions
Empowering unions can help workers organize and advocate against forced labor practices. Mexico should continue to support unionization efforts in high-risk industries, ensuring that unions are independent and representative.
Training for Law Enforcement
Finally, more resources are needed to ensure that criminal law enforcement agencies are equipped to conduct thorough investigations and prosecute forced labor crimes. Training for law enforcement, investigative teams, and judges is needed.
Expand Partnerships with NGOs and International Organizations
Collaboration with the ILO and local NGOs can help provide additional resources, training, and monitoring in areas where forced labor is prevalent. NGOs can also serve as intermediaries for workers who may be hesitant to report labor abuses directly to the government.
Mandatory Training
Require companies to provide training for employees and suppliers on identifying and mitigating forced labor risks within supply chains.
Mexico should also use the labor standards outlined in the USMCA and other trade agreements to secure technical and financial support from partner countries. This could help further labor reforms and inspection capacity.
C. Social Programs
While Mexico has taken steps to provide resources to victims of forced labor, more can be done to provide education and targeted outreach.
Education Access
Expand access to education for children in vulnerable communities to reduce child labor. Invest in scholarships and school infrastructure in rural areas.
School Coordination
Mexico can ensure that school children are screened for indicators of forced labor and that child victims of forced labor are placed in child protection centers instead of detention centers, with access to social services and education. The government can also provide additional support to migrant, refugee, and internally displaced children to reduce their risk for child labor.
Improve Worker Awareness and Reporting Channels
Targeted awareness campaigns can educate workers about their rights and the illegality of forced labor. Using local languages and accessible communication channels like radio, television, social media, and posters in high-risk regions can help reach vulnerable populations.
Offering more robust anonymous reporting channels, such as hotlines and mobile apps, can encourage workers to report abuses without fear of retaliation. These mechanisms should also connect workers to resources and legal assistance.
Targeted Programs for Vulnerable Populations
Certain populations, such as migrant workers, are at high risk of forced labor, especially in agriculture and construction. Mexico could expand targeted protections, such as access to identification documents, fair wage protections, and the right to change employers.
Mexico could also provide rehabilitative and legal services for forced labor survivors. Survivors can provide insight into labor practices, aiding efforts to identify and dismantle forced labor networks.
Conclusion
Eradicating forced labor from supply chains remains a priority trade issue for the United States. The U.S. government is determined not only to prevent goods made with forced labor from entering the country, but also to stop them from being made in the first place.
As a top trading partner, the U.S. is heavily invested in Mexico’s efforts to eradicate forced labor. In recent years, Mexico has been recognized by international organizations for their improvements in enforcing forced labor laws. The government’s efforts to adopt policies, identify forced labor, and conduct enforcement have brought the country closer to the standards of other developed nations. However, additional work remains to improve the identification of forced labor as well as the consistency of Mexico’s enforcement efforts.
Preventing forced labor requires a unified effort across government institutions, private sectors, and civil society. By strengthening enforcement of labor laws, providing education, and fostering international collaboration, both the U.S. and Mexico can address the root causes of forced labor and ensure bad actors are brought to justice.
As the U.S. and Mexico continue to combat forced labor, the countries have an opportunity to set a powerful example of commitment and cooperation to human rights on the global stage.
[1] International Labour Organization. Forced labour, modern slavery and trafficking in persons.
https://www.ilo.org/topics-and-sectors/forced-labour-modern-slavery-and-trafficking-persons
[2] Id.
[3] U.S. Department of Homeland Security. What is Forced Labor? https://www.dhs.gov/blue-campaign/forced-labor
[4] Walk Free. The Global Slavery Index. (2023) https://cdn.walkfree.org/content/uploads/2023/05/17114737/Global-Slavery-Index-2023.pdf
[5] U.S. Department of Labor. 2024 List of Goods Produced by Child Labor or Forced Labor. (2024) https://www.dol.gov/sites/dolgov/files/ilab/child_labor_reports/tda2023/2024-tvpra-list-of-goods.pdf
[6] U.S. Department of Labor, Bureau of International Labor Affairs. Child Labor and Forced Labor Reports (2023). https://www.dol.gov/agencies/ilab/resources/reports/child-labor/mexico
[7] U.S. Department of Labor, Bureau of International Labor Affairs, Building an Independent & Democratic Labor Movement to Protect Worker Rights in Mexico. https://www.dol.gov/agencies/ilab/building-independent-democratic-labor-movement-protect-worker-rights-mexico
[8] International Labour Organization, Child Labour- Facts and Figures in the world. https://www.ilo.org/projects-and-partnerships/projects/child-labour
[9] U.S. Department of Labor, Bureau of International Labor Affairs, Child Labor and Forced Labor Reports.
https://www.dol.gov/agencies/ilab/resources/reports/child-labor/mexico
[10] U.S. Department of Labor, Bureau of International Labor Affairs, Strengthening Mexican Inspectorate for Forced Labor Enforcement (CAMINOS). https://www.dol.gov/agencies/ilab/strengthening-mexican-inspectorate-labor-enforcement-caminos
[11] U.S. Department of Labor, Bureau of International Labor Affairs, Labor Rights and the United States-Mexico-Canada Agreement (USMCA).
https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca
[12] Contratados, Binational Anti-Trafficking Hotline Launched to Combat Human Trafficking.
https://contratados.org/es/node/35331
