Submitted by crinadmin on
Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Mongolia - 9th Session - 2010 Scroll to: 13. Mongolia is a party to core human rights instruments namely, the International Covenant on Civil and Political Rights, its Optional Protocol, International Covenant on Economic, Social and Cultural Rights, International Convention on the Elimination of All Forms of Racial Discrimination, CEDAW, CAT, CRC, its Optional Protocols, Convention on the Rights of Persons with Disabilities, its Optional Protocol and Labor Conventions. Mongolia ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on April 23, 2010. 15. Depending on their functions and competences assigned by law, the Mongolian ministries pursue human rights activities. For example, the MOJHA defines human rights protection policy and trend while MLSW takes a lead role in realization of right to work, right of persons with disabilities and many other rights in social welfare field. Also the Ministry of Education deals with right to education and Ministry of Health implements the right to healthcare service. In addition, implementing or regulatory agencies of the Government run specific human rights activities, namely National Authority for Children and National Committee for Gender Equality. 18. Mongolia is strongly committed to its obligations under the UDHR in good faith by submitting its reports to treaty bodies. Recently Mongolia submitted its 5th Periodic Report on the International Covenant on Civil and Political Rights, Initial Report on the CAT, and presented the Combined 3rd and 4th Periodic Reports on the CRC in 2010. 20. Although death penalty is still effective in the Criminal Code of Mongolia, on January 14, 2010 the President of Mongolia, according to his constitutional power to grant pardon, has publicly declared moratorium on death penalty. So Mongolia is now in the list of countries that abolished death penalty in practice. Generally, death penalty is not imposed to a person who is under 18 years of age at the time of committing crime, men of over 60 years and women. 38. The right to education is guaranteed by the Constitution of Mongolia. So basic education is provided free of charge. Education system is a combination of formal and non- formal education. Formal education system consists of pre-school, primary (6 years), secondary (9 years), post secondary (12 years), special and higher education institutions. 76.7 percent, 94.2 percent and 89.9 percent of each total pre-school, primary and secondary education aged children pursued formal education. The Government's programs such as "Midday tea", "Computer for every child" and provision of free stationery and textbooks for vulnerable children gives enormous opportunity for equal education environment. State funded boarding schools have been established at soum and bag (administrative unit) areas, where children of nomads and herders can go to schools. 54.6 percent of herders' children, who applied for dormitory, reside at dormitories in the academic year of 2009-2010. However, school dropouts have not stopped. As of September 2009, 0.8 percent of total basic school-aged children are dropped out of school, of 61 percent of them being boys. There are many reasons for school dropouts, but poverty is the dominant factor. 39. Based on the initiative and joint participation of state and private sectors, the purpose of state education policy is to develop education service that offers sufficient knowledge to live healthy and satisfied. In conformity with above, education content is to be reformed periodically by creating opportunity for pupils from their senior's level to choose subjects of their choice. After his or her postsecondary education, a pupil has alternatives either to go to a higher education institution or vocational training schools. If a pupil to choose VTS, the government pays his/her tuition fee and dormitory charges and provides a stipend. There exist specially equipped schools and classes for pupils with disabilities. 6 special schools for pupils with disabilities were established in Mongolia, which offer primary, secondary, post secondary education. The school dropouts with disabilities have access to education through special programs and they prove to be useful. 40. Higher education institutions choose their students on the basis of competitive entry examinations. Students from lower income or herder family, children with disabilities or orphans are financially supported by the State Training Fund in forms of grant or loan. Talented or students with strong academic record may also receive scholarships and financial incentives. Students, who study far from their permanent residence, collect travel payment and urban students benefit from transportation costs. 41. Since 1990's non formal education has becoming part of education system. The aspiration of this form of education is to re-educate school dropped youngsters and to bring adequate service to adults, who wish to improve their education, by collaborating with local formal education centers and media. In the near future, non formal education form will be turned into powerful network of life long education. 52. As of 2008, 53.4 percent of men between age 7-29 and 58.6 percent of women with the same age group have attended schools. This shows men's attendance is 5.2 points lower than women's. 64.3 percent of all under-age workers in non-formal sector are boys and 58.7 percent of them have quitted schools. Illiteracy rate for boys up to age of 18 is 12 percent while this rate is 20 percent among men who did not serve in the army. These figures reveal that education for boys is left far behind. 68. The 1996 Law on the Protection of Child Rights is being the core instrument of child protection at national level. On the other hand at international level, the Committee on the Rights of the Child reviewed Mongolia's National Report on the Convention on the Rights of the Child three times and its Optional Protocols one time. Latest Report was reviewed in January 2010, and the Government of Mongolia is implementing the recommendations made by the Committee. 69. As for the child protection mechanism and structure, Mongolia' Prime Minister leads the National Council for Children, whose secretariat function is executed by the National Authority for Children. The National Strategy for Children, which was approved by the Government Resolution 197 of 2004, guarantees children's participation in all stages of decision making process. Also the Children's Forum, United Children's Council and an independent Children's Envoy assigned by the Children's Forum have been established respectively at all levels of national or local children's authorities. 70. Every 10 years, the Government of Mongolia approves the National Program on Strengthening Child Development and Protection and on July 9, 2008, the Third Stage Action Plan for the Implementation of this Program was adopted by the Resolution No284. The Program for the upcoming 10 years is about to be developed reflecting the result of 2010-2011. On June 25, 2008, the Government of Mongolia revised the Charter of the Children's Fund and its composition of Steering Council, which eventually raised possibilities for the projects and programs aimed at child development and protection policy, and for the youth NGOs to get financial assistance in accordance with the Law on Government Special Fund. 71. "Friend 19-79", a telephone line was established at the National Authority for Children in order to effectively develop child protection system in Mongolia. The Office for Labor and Welfare Service of the MLSW carries out monthly review on the movement of children at orphanage centers. Moreover, "Standards on child care and protection services" MNS 5852:2008 was adopted in 2009. 83. Until recently the issue of human trafficking in children and women for sexual purposes was not critical in Mongolia. But in recent years the rights of Mongolian girls have been violated severely as they travel abroad on a false advertisement and eventually become illegal asylum seekers with document infringements. Therefore, Mongolia ratified the United Nations Convention against Transnational Organized Crime in 2008 and implementing the National Program on preventing human trafficking, particularly using children and women for sexual purposes. In the same year, the Parliament amended the Article 113 of the Criminal Code. According to the amendment, if a person has committed human trafficking with purpose to gain benefit or exploitation by using force or force with such, deceit, and while capitalizing on victim's vulnerability, and recruited, transported, transferred, sheltered and accepted others, then the person shall be punished accordingly. 9. The River Tuul was seriously polluted due to examinations carried out by the competent authorities in 2007. For example, 2-3 tons of fish died to extent of 40 kilometers as some factories spill their waste water directly into the River Tuul. As of 2000, 11.6 percent (highly) and 2 percent (extremely) of eco-system of the Steppe Zone, which is 33.8 percent of the total territory of Mongolia, were degraded respectively due to improper human activities. On the one hand, it is related to consciousness of people, and on the other hand, it proves inadequate implementation of legislation, policy or program and insufficient budget. Also, individuals play roles in degrading environment using unauthorized chemicals at gold mines. As a result, families engaged in artisan mines tend to have brain- paralyzed, mentally-ill or naturally disabled babies, which may severely affect the genetic sources of the Mongolians. Therefore, the Government of Mongolia is implementing activities step by step to address and overcome these problems. The budgetary resources for the protection of citizens' right to healthy and safe environment must be increased further. (unsure) 101. A traditional understanding that women must be responsible for overall family affairs, including taking care of children is still dominant in Mongolia while sexual harassment at workplace is quiet invisible. Gender equality has been difficult to be estimated as gender-classified data is too unclear and indistinct. Because of poverty and unemployment, divorce rate is growing high and women are becoming victim to domestic violence and human trafficking. The lack of law enforcement and ability to protect rights leads to the violation of women's rights, such as labor rights, right to medical service and healthy and safe environment. Furthermore, an adequate gender ratio must be maintained at health and education sectors, where majority employees are women. 4. In 2010, the Committee on the Rights of the Child (CRC) was concerned that some legislative provisions were not in conformity with the Convention19 and reiterated its recommendation that Mongolia continue to harmonize its legislation with the Convention.20 It also encouraged the adoption of a comprehensive legislative act on the rights of the child.21 9. CEDAW, while welcoming the establishment of the NHRCM in 2000,31 was concerned that the majority of complaints submitted was from residents of Ulaanbaatar. It was also concerned at the lack of complaints about discrimination based on sex despite the prevalence of violence against women.32 It recommended that Mongolia increase its efforts to raise awareness of the NHRCM's competence to receive and consider complaints from women.33 CRC encouraged Mongolia to ensure that the NHRCM is mandated and capable to receive complaints from children through easily accessible and child-friendly complaints mechanisms.34 11. While noting the National Action Plan for Child Protection and Development (2002- 2010)36 CRC recommended the adoption of a new plan with adequate resources, follow up and evaluation mechanisms.37 12. CRC was concerned that the National Programme on Protection from Trafficking of Children and Women with the Purpose of Sexual Exploitation did not cover violations of all provisions of the Palermo Protocol.38 13. In 2005, Mongolia adopted the United Nations Plan of Action (2005–2009) for the World Programme for Human Rights Education focusing on the national school system.39 20. While noting measures taken to protect vulnerable children from discrimination, CRC remained concerned that gender-based discrimination affected both boys and girls and that children experienced unequal treatment, inter alia, based on a child's ethnic group, disability, living standards, family and residential location.60 It was also concerned at the social exclusion of children with disabilities due to improper infrastructures and to their lack of access to education, social welfare and health services.6 21. The Special Rapporteur on the right to education observed the segregation of children with disabilities who were placed in non-formal education centres62 and recommended that Mongolia design and implement educational programmes to allow for the gradual inclusion of students with disabilities in the education system.63 27. CRC reiterated its concern that corporal punishment was observed in all settings of children's lives and urged the introduction of legislation to prevent and end all forms of corporal punishment as a method of discipline in all settings.74 29. CRC was concerned that existing legal provisions to prohibit rape and incest were insufficiently enforced, sanctions for offences against boys and girls were not equal and that children victims of sexual abuse, including rape, often did not receive adequate protection and/or recovery assistance, but may be treated as perpetrators of a crime. 77 It urged Mongolia, inter alia, to prohibit child abuse and violence in the family and to enforce the prohibition of rape and incest.78 30. CEDAW was concerned about the increasing incidence of trafficking and exploitation of women and girls and the low rate of prosecution. It was also concerned that no mechanism existed to ensure rehabilitation and social reintegration for victims.79 UNCT80, CRC81 and ILO82 made similar observations. CRC reiterated its recommendations to Mongolia to, inter alia, strengthen efforts to address the root causes of sale and trafficking.83 In 2010, the Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea encouraged victim-sensitive procedures to ensure that victims of human trafficking and/or human smuggling are not criminalized.84 CEDAW urged Mongolia to, inter alia, enact legislation on trafficking entrenching a national oversight mechanism.85 31. CRC expressed concern at the number of victims of sexual exploitation, in particular girls, who were treated as offenders and not provided with adequate protection services, and the lack of investigation and prosecutions of perpetrators.86 It recommended that Mongolia strengthen measures to prevent sexual exploitation of children; ensure that investigations of reported crimes of sexual exploitation and abuse were promptly conducted and perpetrators sanctioned; protect victims and provide them with adequate recovery and social reintegration services; and ensure that victims are not criminalized.87 32. According to the UNCT, children were used in income generating activities such as horse racing and circus performances.88 The ILO Committee of Experts expressed its concern at the continued use of children under 18 years of age in horse racing, which was likely to harm children's health and safety.89 33. CRC remained concerned about the increasing number of street children and regretted information on police persecution to keep children off the streets.90 In 2000, CESCR was also concerned about the situation of street children.91 36. CRC remained concerned about inadequate conditions in pretrial detention centres faced by children, including complaints about forced convictions, police violence during detention, and the lack of separation from adults in police detention.94 It reiterated its recommendations that Mongolia bring the system of juvenile justice in line with United Nations standards. It also recommended that Mongolia, inter alia, protect children's rights in pretrial detention, establish specialized juvenile courts, and appoint trained juvenile judges.95 38. CRC noted the increase of families headed by single mothers and the formation of new groups of children without parental care, including children left behind due to migration of parents and children temporarily heading their families.99 39. While noting steps taken to introduce alternative care services for children separated from their families, CRC was concerned about, inter alia, the lack of supervision and oversight in care institutions and the absence of placement review.100 40. CRC expressed concern, inter alia, at the absence of support services for prospective adoptive families and the absence of mechanisms to review, monitor and follow up adoptions.101 It recommended that Mongolia, inter alia, establish a comprehensive national policy and guidelines governing foster care and adoption, and suggested the establishment of a national authority to deal with the implementation of the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption.102 41. CRC remained concerned that nearly ten percent of births were not registered due to, inter alia, internal migration, remoteness of birth registry locations and the lack of awareness among herder families on the importance of birth registration.103 45. While recalling that the minimum age for employment should not be lower than the age of completion of compulsory schooling, the ILO Committee of Experts requested Mongolia to raise the minimum age for employment (15 years) in order to link it with the age of completion of compulsory schooling (17 years).111 46. CRC was concerned about reports indicating an increase in child labour and children working in, inter alia, informal mining, circuses and agriculture, and their exposure to the worst forms of child labour.112 The ILO Committee of Experts also expressed concern at the large number of children working under the age of 15 and engaged in hazardous occupations.113 It further noted that the penalties imposed in connection with children's employment in hazardous work were weak.114 47. The ILO Committee of Experts referred to reports indicating that some children were working in the informal economy in urban areas and requested protection for children carrying out work on their own account or in the informal economy.115 52. CRC was concerned about the persistence of stunting and rickets, reflecting micronutrient deficiencies and chronic malnutrition, especially among boys under five.123 WHO made similar observations.124 It recommended, inter alia, addressing the high rates of malnutrition.125 WHO noted that Mongolia had the seventh highest burden of tuberculosis (TB) in the Western Pacific Region.126 54. UNCT underscored that access to shelter with adequate water and sanitation utilities was out of reach for middle and lower income populations. In Ulaanbaatar, 78 per cent of residents lived in traditional housing (gers) with no connection to drinking water or sewage systems.130 WHO noted that the provision of safe water and sanitation, especially in schools and health facilities, remained a major challenge.131 Furthermore, UNCT referred to the 2009 MDG report indicating that there was a large urban-rural disparity in access to water and sanitation, and that rural schools and dormitories housing children of nomadic families lacked safe water sources and adequate sanitation.132 CRC recommended strengthening measures to increase access to safe drinking water and improve hygiene practices.133 56. CRC was concerned at the persistence of widespread poverty.135 According to the 2007–2011 United Nations Development Assistance Framework (UNDAF), human poverty was manifesting itself in rising incidences of, inter alia, child labour, street children, homelessness, human trafficking and above all, an alarming increase in suicides.136 CEDAW was concerned at the high incidence of poverty among women and that the poverty reduction strategy had not been implemented with sufficient attention to the rights of women.137 57. The United Nations Country Team (UNCT) stated that, in 2009, the net enrolment rates in primary and basic education were 93.5 and 91.2 respectively, and the high enrolment rates have been sustained for the last five years.138 The Special Rapporteur on the right to education was impressed by the high rates of school enrolment and noted that gross enrolment rates at universities and higher education institutions reached 48 per cent in 2007, which was twice the regional average.139 58. The Special Rapporteur expressed concern about the dropout rates of children from the primary and secondary levels.140 He was informed that the majority of those who left the school were boys and that there was no clear definition of dropout.141 CRC expressed concern about the under-representation of boys in education due to a high drop-out rate.142 59. The ILO Committee of Experts referred to the research carried out in 2005–2006 indicating a high drop-out rate of children of herders, who needed the assistance of their children in their family's livestock herding activities.143 In 2000, CESCR made similar observations.144 60. UNCT mentioned that Bayan-Ulgii, the province of Kazakh minorities, had the highest dropout rate and the lowest preschool participation rate in the country. It also noted that children from the Tuva ethnic minority had limited access to any level of education.145 61. In 2010, CRC was concerned about children with limited access to educationnservices, especially at preschool levels, including children from herder families in remote and rural areas, children of families that migrated to the capital city and children from informal mining communities.146 UNCT also noted that access to kindergarten remained a challenge, despite creative practices such as mobile "ger" kindergartens for herders' children.147 62. The Special Rapporteur on the right to education noted the outdated and sometimes inadequate conditions of school buildings and dormitories. In rural areas, the poor conditions were intensified by problematic access to water and sanitation, whereas in urban areas, schools faced overcrowding as a result of internal migration from rural to urban areas.148 63. The Special Rapporteur noted a strong need to strengthen the vision of human rights in educational programmes. Although some human rights were present in some parts of the curricula, these were included in a descriptive and superficial manner. He also noted the initiatives of the State University of Education to train teachers, despite limited resources. He also drew attention to the lack of literature on human rights available in Mongol language.149 CRC recommended that Mongolia incorporate human rights education in school curricula.150 CEDAW made a similar recommendation.151 64. CRC was concerned about inequalities among the population in the Western region and the Kazak and other minorities.152 CERD recalled that the low level of economic, social and cultural development of certain ethnic groups might be an indication of de facto discrimination, even if it was not the direct result of a deliberate Government effort.153 66. While noting the adoption of the Tuva Language Study programme in 2005155 CERD, in 2006, expressed concern about the lack of practical measures to support minority languages and recommended that Mongolia facilitate the participation of ethnic minorities in the elaboration of cultural and educational policies to enable persons belonging to minorities to learn or to have instruction in their mother tongue as well as in the official language.156 In 2010, the Special Rapporteur on the right to education was pleased to note that the Kazakh ethnic community enjoyed bilingual education (Kazakh-Mongol) at the primary level and that Mongolia was active in the development of curriculum and textbooks in the Kazakh language.157 76. CRC recommended that Mongolia seek technical assistance from various United Nations agencies with respect to the follow-up to the United Nations study on violence against children;170 juvenile justice and police training;171 addressing negative impacts of child labour;172 and undertaking a legal study to identify inconsistencies and gap between national legislation and the Palermo Protocol.173 Stakeholders Compilation 11. Joint Submission 2 (JS2) noted that Mongolia, in 2005, adopted the Program for the Protection of Women and Children from Human Trafficking and Sexual Exploitation and established a national council to monitor its implementation.24 JS2 recommended revision of this Program and allocation of sufficient funds in the State budget for its implementation.25 21. JS10 noted that there was no condition in place for children with disabilities to study in a regular school: teachers were not trained; nursing and caring was impossible at school and that there was a negative public attitude towards children with disabilities. JS10 further noted that no school was provided with Braille books and speaking instruments. There were no lesson books for children with hearing difficulties.42 27. Global Initiative to End All Corporal Punishment of Children (GIEACPC) noted that corporal punishment was lawful in the home and that the provisions against violence and abuse in the legislation were not interpreted as prohibiting all types of corporal punishment in childrearing. According to GIEACPC, corporal punishment was prohibited in schools. In the penal system, corporal punishment was unlawful as a sentence for crime but it was not explicitly prohibited as a disciplinary measure in penal institutions. Corporal punishment was lawful in alternative care settings. GIEACPC further noted that proposals had been made to prohibit corporal punishment in care institutions in the revised Family Law.55 32. JS2 noted that young girls and women were vulnerable to cases of sexual exploitation and that Mongolia had not taken any steps either for the protection of victims or for assisting them, for compensating damages, restoring their reputation, or for their rehabilitation.67 39. While noting the absence of a provision regulating activities of cross-border marriage intermediaries, JS2 stated that mediation of marriages in Mongolia, especially young girls and women with foreign citizens for a certain fee was widespread.76 57. JS5 expressed concern at the high poverty rate, high level of unemployment, increased number of 'working poor' among employed people and increased number of poor, homeless and working children, and female-headed households.101 58. According to JS7, children of migrants from rural to urban areas lacked access to kindergartens and primary schools. Schools serving these children faced overcrowding and had to work in three shifts. Parents who sent their children to a school with better conditions ended up paying additional money to cover the transportation cost.102 AI noted that schools in ger districts were poorly resourced and maintained, and they reportedly had three to four daily shifts to accommodate the high number of students.103 59. JS8 further recommended that Mongolia review the secondary education and teacher training curricula in order to mainstream human rights, with particular attention paid to the inclusion of sexual minorities.104 Accepted and Rejected Recommendations The following recommendations were accepted: 84.15. Continue harmonizing its domestic legislation in conformity with the Convention on the Rights of the Child, introduce legislation to prevent and end all forms of corporal punishment, and adopt effective measures for preventing children under the age of 18 from being involved in hazardous work (Italy). 84.26. Uphold its commitment to strengthen the national mechanism for the protection and promotion of children's rights (Islamic Republic of Iran). 84.27. Step up the efforts aimed at the adoption of the new 10-year National Programme on Strengthening Child Development and Protection (Algeria). 84.59. Support the efforts to promote and protect the rights of vulnerable groups such as children, women, disabled persons and the elderly (Cuba). 84.82. Expand the national programme on the prevention of human trafficking, particularly the use of children and women for sexual purposes, with a view to dealing with all violations of provisions of the Palermo Protocol, in line with the recommendations of the Committee on the Rights of the Child (Mexico). 84.88. Continue its efforts to ensure effective protection of minors and women against sexual exploitation (Czech Republic). 84.89. Adopt specific measures for the protection of minors and women who have become victims of sexual exploitation, and ensure assistance to, restore the reputation of and provide rehabilitation for those victims (Czech Republic). 84.90. Strengthen measures to prevent sexual exploitation of children, ensure prompt investigation of allegations of exploitation and sexual abuse, and punish perpetrators (Argentina). 84.91. Take the necessary steps, as soon as possible, to address the issues of inadequate protection of children from sexual exploitation as well as the insufficient investigation of the perpetrators of sexual crimes against children and the consequent low ratio of prosecutions against perpetrators of sexual crimes against children (Japan). 84.92. Implement effective measures to tackle child labour (Azerbaijan). 84.93. Continue efforts to improve the situation of children and, in this context, intensify the efforts to effectively prevent child labour (Germany). 84.111. Take additional measures to fight against dropping out of school, particularly among boys (Algeria). 84.117. Seek international assistance to combat child labour, such as through the International Labour Organization (Brazil). No recommendations were rejected No recommendations were left pending
Date
National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations