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Mongolia - Twenty Second Session - 2015
5 May 2015 - 14.30 p.m. - 18.00 p.m.
Accepted and rejected recommendations
IV. Implementation of the recommendations on protection and promotion of human rights
C. Preventing and combating domestic violence
39. The NGOs working in this field have been solely engaged in protecting the victims of domestic violence and providing the relevant services but in 2014 the Government established for the first time its own victim protection shelter. This protection shelter functions 24 hours and admits victims of domestic violence for 1–30 days and provides them medical assistance and psychological counseling. In 2014, 241 victims, including 2 adult men, 109 women, 91 girls and 130 boys from 140 families received assistance in this shelter.
E. Protection of witnesses and victims
55. Witnesses and victims are placed in a temporary safe shelter upon their consent, in case of junior witnesses and victims–upon the consent of parents, legitimate guardians or organizations for protecting children’s rights. When witnesses and victims are placed in safe shelter, protective measures are taken in accordance with the risk level and while they are under protection they are provided with psychological and legal assistance by the professional team of the special security unit of the Marshals Service. The Regulations on “Providing health care assistance to witnesses and victims” stipulates that the person under protection shall be provided with health care services by all level health care organizations irrespective of ownership and in case that person is taken to hospital for medical aid his security shall be the responsibility of the organization that provides protection.
G. Promotion of women’s rights
69. To protect the health of mother and child in some aimags “Mother and Child Health Care Fund” was established that finances medical treatment of poor families. Dispatching of mobile hospital and professional medical teams to soums for providing medical aid to herders in remote area has reduced emergency calls.
70. In compliance with the relevant legislation of Mongolia social insurance and welfare fund grants pregnancy and birth allowances to enhance the social welfare of maternity. The Human Development Fund provides children’s money to all Mongolian children under 18 years of age.
73. In Mongolia girls and boys, women and men have equal access to primary, comprehensive secondary, high education and vocational training in all fields, including science and technology. The Government of Mongolia established at the Ministry of Education and Science the center for life-long education. According to the legislation, education inspectors of the professional inspection exercise control over the implementation of the policy of equal access to education by girls, boys, women and men, over education service quality and activities.
H. Protecting the rights of child
74. The National Council for Children led by the Prime-Minister of Mongolia approved in 2010 a strategic policy paper (for 2010–2015) on enhancement of child protection designed to develop a system of protecting and preventing every child from negligence, violence and labor exploitation and has been working on its implementation through planned activities. To realize the strategy, annually additional 400–500 million tugrugs in average have been financed by the Government of Mongolia since 2012.
75. The National Program on elimination of intolerable forms of child labor and Children’s development stage-by-stage Program were adopted and put into operation in 2011 and 2013 respectively.
76. Out of 428 laws that are valid in Mongolia around 60 contain over 350 provisions about children and their rights. In order to improve the national legislation in compliance with the Convention on the Rights of Child. Draft laws on the rights of child and on child protection have been finalized and process for adoption by the SGH is commenced. Provisions related to reduction of child labor were reflected in these draft laws as well as provisions on prohibition of labor employment for persons under 15 years of age were included in the revised draft of the Labor Code and legal regulation of child adoption provision was reflected in the revised draft of the law on Family in line with the relevant international instruments.
77. Mongolia is working towards the ratification of the Optional Protocol to the Convention on the Rights of the Child on a Communication Procedure. The NHRC approved the Regulations on receiving, distributing and resolving children’s applications and complaints in 2012. The NHRC out of all applications and complaints related to the rights of the child has fully resolved in 2010–6, in 2011–10, in 2012–1, in 2013–12 applications and complaints.
78. As there exist to a certain extent violence and hidden forms of physical punishment against children, a hotline to help children was put into operation to integrate the detection, registration and protection activities for children living in such conditions. Children’s help telephone line 108 functions around 24 hours (free of charge) and all information from citizens and organizations about violation of children’s rights is registered and risk assessment is made. As of end of 2013, 42,946 targeted calls were received at this telephone number and relevant service was rendered. Children’s help telephone line is the basic activity for creating case-based service system along the functions of the children’s organizations. Starting from 1 June, 2014 Mobicom Corporation and World Vision international organization provide joint financial support to this project for 3 years.
79. The MNS6264:2011 standard requirement for mandatory introduction of protection clothes for children riders participating in the national horse racing since 2012 led to some progress in protecting the rights of children horse riders; however there remain issues that require further attention.
80. The National Plan of Action for 2012-2016 on Eliminating the Intolerable Forms of Child Labor drafted with the support from the International Labor Organization and approved by the Government in 2011 sets the principal goal of bringing the national legislation on child labor in conformity with the acceded international treaties, improving the capacity of the law enforcement organizations and enlarging the accessibility to health care, education and social services for children who suffered from intolerable forms of labor. As of 2013, 10,398 children out of overall 93,968 children engaged in labor are employed in hard work.
81. In order to improve control over child labor through increasing the number of specialized labor inspectors, a methodology guideline for controlling child labor was elaborated in 2009 which was to be pursued nation-wide. The verification of the economic entities conducted by the state labor inspectors in 2012 in accordance with the guidelines revealed employment of 1,012 children and relevant measures were taken in line with the legislation.
82. Accessibility to social services specifically designed for working children is limited. Though the NGO center in charge of providing daily services to working children started to function in the capital city since 2010, at present it is capable of rendering services to a few children due to lack of adequate budget and financial resources.
83. In 2013–2014 the central labor stock exchange involved 81 children aged 16–18 years into vocational training at their request within its “Program on Training National Qualified Workers”. The Children and Family Development Department in 2012–2013 involved 180 children aged 5–17 years, engaged in voluntary labor, into its social integration training.
I. Protection of rights of disabled persons
86. In 2013 the commission on health care, education and social welfare of disabled children was set up. The commission elaborated a primary stage rehabilitation registration sample for disabled children of 4–16 years of age and an evaluation sheet on early detection of disability in children of 0–3 years of age and organized a nation-wide event on early detection of disability in children of 0-3 years of age. During the event in 21 aimags of Mongolia and 9 districts of capital city, 134,579 children of 0–3 years of age have undergone medical check-up, including 99, 208 children in rural area and 35, 371 children in the city. From all checked-up children of 0–3 years of age, 73.7% were from aimags and 26.3% from the city districts. 132,614 children or 98. 5% were children with normal development and 1,965 children or 1.5% were children with retarded development.
88. The Ministry of Health and Sports approved in 2013 the National Program on Prevention of Children from Accidents and the Infants’ Probing and Analysis Program (for 2014–2020) and organized training for parents of children with cerebral paralysis in 4 aimags and 3 districts of the capital city.
89. With a view to reduce the number of inherent disabled children, a medical genetics and pre-natal diagnostics laboratory was set up at the National Maternity and Child health care center.
90. The second stage of the Program on equal access of disabled children to education is being implemented. Specialized education teachers have been enrolled in one year capacity-building training at the Education University of Mongolia. Within this framework Training and diagnostics laboratory for disabled children was established at this University with state budget financing. According to the 2013 report of the Ministry of Labor, out of total 42, 798 students attending vocational training and production centers 513 are disabled children.
91. Within the work to improve the learning environment for disabled children an expansion of school building for 320 children with reading halls, teachers and students’ development room and medical physical culture room was completed and put into operation which created facilities to study and conduct classes in classrooms. In 2013–2014 academic year some textbooks have been elaborated for special schools and published in quantities equal to statistical data on students of 5 special schools.
92.The regulations on accounting expenses of special training organizations, approved by the Government in 2012, stipulate that when providing financing to special training organizations in charge of special education for disabled children the normative expenses rate per each child shall be increased three-fold. Concrete and effective activities have been undertaken to reflect methodology and psychology of work with disabled children in capacity -building programs for general educational schools and to carry out training courses on special need education.
93. To increase enrollment capacity in schools and kindergartens for disabled children special education teachers are trained domestically and for this purpose one year training course for special education teachers has been launched in the pre-school education school of the Education University of Mongolia. At the request of the state organization and with the support of international organizations 46 million tugrugs-worth training equipment, including Bryle printer, walking sticks, lenses, Bryle paper, magnifying glasses as well as buses and micro vans with lifting appliances have been delivered to school No.116 for blind children and children with poor sight.
L. Promotion of the right to education
107. 12,025 students in 2011–2012 academic year and 11, 810 students in 2012–2013 academic year who were enrolled in Re-education program received basic education certificates and comprehensive secondary education diplomas. 9,000 people were enrolled in primary and middle stage literacy training, including 120 children from monasteries and 78 children from remote area.
109. A new section on the struggle for human rights, freedoms and democracy has been incorporated into history of education school and social study curriculum.
112. In order that children of citizens living and working abroad do not forget their native Mongolian language and with a view to provide them with an opportunity to study Mongolian language, textbooks are being delivered to them through the Diplomatic missions in foreign countries.
N. Poverty and promotion of food security
121. As of 2014, the indicators of population food situation in Mongolia like the development lagging of children under 5 years of age, the number of starving and food deficient people have reduced to 10.8 %, 1.6 % and 1.0 % respectively and that enabled Mongolia to attain the goal of 6-fold decrease of starving and food deficient people in 2015 as compared to 1990. The implementation of “Midday tea program” for pupils of primary classes of general education schools has led to the reduction of school dropouts among the children from lower income families and to the decrease of food shortages and deficiency.
III. Implementation of international human rights obligations
A. Equality and non-discrimination
12. While welcoming the fact that children of stateless persons may apply for citizenship, the HR Committee was concerned about persons who had become stateless as a result of the legal obligation for individuals to renounce their nationality upon application for another nationality. Mongolia should implement reforms to guarantee the right of all persons to receive a nationality, including stateless children born on its territory to stateless parents, and comply with the six-month legal deadline for completion of that procedure.
B. Right to life, liberty and security of the person
24. UNCT noted that violence against children remained widespread in communities and homes, including bullying and corporal punishment in schools. While taking note of the prohibition of corporal punishment under the Education Law, the HR Committee was concerned about the continued practice of corporal punishment in all settings CAT raised similar concerns and recommended that Mongolia explicitly prohibit corporal punishment of children and encourage non-violent forms of discipline.
25. CAT was concerned at reports about the exploitation of children. Mongolia should ensure that children did not work in hazardous labour conditions, including artisanal (informal) mines. It should combat child labour, including by criminalizing employers who exploited child labour and bringing them to justice.
26. UNCT expressed particular concern at the use of children as jockeys in traditional horse racing, recommending that Mongolia protect all jockeys taking part in such races and that it start by progressively raising the minimum age for participation in order to comply with international legislation on dangerous child labour, with a view to eventually prohibiting children from participating in horse racing as jockeys.
27. CAT was concerned at reports that the majority of victims of human trafficking were young girls and women, in particular poor and street children, as well as victims of domestic violence, who were trafficked for the purpose of sexual and labour exploitation and fraudulent marriages. Mongolia should enhance measures with regard to the situation of street children. UNHCR recommended that Mongolia ensure proper investigation, prosecution and adequate sanctions in all cases of human trafficking; allocate resources to provide for the adequate protection of victims and witnesses, including through the establishment and running of safe shelters; and establish under the regulations a referral mechanism for victims of trafficking in need of international protection.
28. The Special Rapporteur on extreme poverty recommended that Mongolia implement the comprehensive anti-trafficking law adopted in January 2012 and further strengthen the law enforcement and judicial system as a means of addressing impunity and preventing the incidence of trafficking, domestic violence and the sexual abuse of women and girls. He called on the Government to address the gap in the protection of victims of trafficking; and ensure that offenders were prosecuted and that law enforcement officials were adequately trained.
C. Administration of justice, including impunity, and the rule of law
43. CAT was concerned that the juvenile justice system was not in harmony with the Convention on the Rights of the Child and that there was no comprehensive policy framework for juvenile justice. Mongolia should, inter alia; harmonize its national legislation in line with applicable international standards and improve the legal framework for juvenile justice; not resort to pretrial detention except in cases prescribed by law; ensure that children were detained separately from adults; and establish specialized juvenile courts.
H. Right to education
60. The HR Committee took note of the measures taken to promote the access to education of the Kazakh minority. It remained concerned, however, about the difficulties that population faced in accessing education in their language, and urged Mongolia to further promote this.
61. According to UNCT, the increasing population of Ulaanbaatar, combined with poor infrastructure and seasonal challenges in rural areas, made it more difficult to provide quality education to all children. Access to kindergarten remained a challenge, despite creative practices such as mobile “ger” kindergartens for herders’ children. Children with disabilities, ethnic minority children and “street” children could not fully enjoy their right to education.
J. Persons with disabilities
65. The Special Rapporteur on extreme poverty recommended the implementation of legislative provisions to ensure that children with disabilities, particularly those living in rural areas, could access inclusive, quality and free primary and secondary education on an equal basis with others in the communities in which they lived.
I. Information provided by the national human rights institution of the State under review accredited in full compliance with the Paris Principles
B. Implementation of international human rights obligations
16. According to NHRCM, the Government has still not established accessible environments for children with disabilities so that they can attend school like other children. There is a lack of professional teachers with specialist training in working with children with disabilities. Most children with disabilities are precluded from attending school, often staying at home and receiving no formal education. There is a lack of statistics available of the numbers of adults and children with disabilities in Mongolian society. Further, there is a lack of public awareness with regards to the rights of children with disabilities and the obstacles they face in receiving equal education.
II. Information provided by other stakeholders
C. Implementation of international human rights obligations
24. JS6 stated that the practice of discrimination against and mistreatment of women and girls in society still persisted. JS6 also noted that the prevailing practice of registering movable and immovable property in men’s name prevented women from obtaining loans on collateral and from participating in economic life.
2. Right to life, liberty and security of the person
38. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that in Mongolia, corporal punishment of children was unlawful as a sentence for crime and in schools, but was not prohibited in the home, alternative care settings and all forms of day-care or in penal institutions. GIEACPC also noted that since the previous UPR review in 2010, prohibition of corporal punishment had been addressed in the context of a number of new draft laws, including a draft Criminal Law, a draft Family Law and a draft Child Protection Law. Parliamentary debate on the draft Criminal Law began early in 2014 and was expected to be resumed in the autumn of 2014.
39. Mongolian Artisanal Miners’ United Umbrella Association (MASM) noted that many children engage in artisanal mining despite the fact that the Government had issued a list of dangerous and hazardous work, prohibited for children under the age of 18.
9. Right to education
58. JS9 noted that the “Afternoon Tea Programme” targeting primary school students had a positive contribution to reducing the school dropout rates of children from poor families. JS9 also noted that due to currency depreciation and inflation, the cost of one tea-set fell to USD 0.30, which lead to the need to assess whether the food bought at this price meets established nutrition requirements.
10.Persons with disabilities
70. JS5 further stated that a part from the fact that very few children with disabilities have access to inclusive education, schoolbooks and methods used by teachers to educate these few children were highly inadequate. Despite steps being taken to entitle teachers to provide inclusive education in general education schools and provide teachers with compensation, no visible results had been so far achieved. Actions had not been taken to train teachers and create conditions in schools that would meet the needs of children with disabilities.
Accepted and rejected recommendations
The following recommendations will be examined by Mongolia which will provide responses in due time, but no later than the 30th session of the Human Rights Council in September 2015:
108.8 Ratify the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (Montenegro; Portugal; Thailand);
108.24 Continue to protect and promote the rights of vulnerable groups of population, including children, the disabled, the elderly and women (Russian Federation);
108.34 Apply the commitments undertaken under the national legislation for the protection of the most vulnerable citizens, notably children, senior citizens and persons with disabilities (Romania);
108.43 Further pursue measures for the protection of the rights of women and children (Japan);
108.83 Adopt legislation to prevent and end all forms of violence against children (Timor-Leste);
108.98 Consider wider establishment of shelter houses for women and children seeking protection from domestic violence (Malaysia);
108.107 Explicitly prohibit all corporal punishment of children, including in the home (Sweden);
108.108 Take steps to effectively prevent child labour and protect children from exploitation, especially from work in hazardous labour conditions (Germany);
108.109 Strengthen the implementation of the National Plan of Action 2012-2016 on Eliminating the Intolerable Forms of Child Labour and to consider follow-up mechanisms (Italy);
108.110 Enhance the efforts to combat child labour and ensure that children do not work in hazardous labour conditions, including artisanal (informal) mines (Italy);
108.111 Continue its efforts in combating child labour, as well as including by bringing the employers to justice, and to introduce new non-violent forms of discipline for children at home and in schools (Lithuania);
108.112 Explore strategies to combat child labour (Norway);
108.113 Combat child labour, including by criminalizing employers who exploit child labour and bringing them to justice (Poland);
108.114 Continue efforts to ensure that children are protected from all forms of violence and exploitation, particularly from child labour in hazardous conditions (Republic of Korea);
108.115 Continue its efforts in the field of the protection of child rights (Morocco);
108.118 Criminalize all forms of human trafficking of children by enacting the strict anti-trafficking legislation (Sierra Leone);
108.140 Strengthen its efforts to include women in decision-making processes and high level positions, and to ensure the inclusion of disabled persons in education and employment (Norway);
108.146 Continue efforts to promote the rights of women and children, and address the still high level of maternal mortality (Nepal);
108.151 Continue its efforts in order to ensure the right to education for all children (Romania);
108.155 Increase the input in education and give importance to the inclusive education for disabled children to ensure their healthy development (China);
108.156 Ensure equal access to education for children with disabilities, by improving public perception on their rights (Turkey);
108.157 Continue to strengthen educational system and ensuring equal access of disabled children to education (Lao People’s Democratic Republic);
108.158 Consider giving special attention to the rights of women and girls with disabilities, including their reproductive rights, the right to be free from violence, to work, to receive education and to participate in decision-making (Thailand).