MONGOLIA: Children's Rights in UN Treaty Body Reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee against Torture
• UN Committee on the Elimination of Discrimination against Women
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

UN Human Rights Committee

CCPR/C/MNG/CO/6

Last reported: 3 May 2016

Concluding observations published: 24 July 2017

Issues raised:

Ratification: The Committee welcomes the adoption of the revised Law on the Rights of the Child and the Law on Child Protection, in February 2016 (para. 3); and the ratification of The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 28 September 2015 (para. 4).

Persons with disabilities: The Committee is concerned about reports of discrimination against persons with disabilities in employment and education, including barriers in access to schools, inadequate textbooks and lack of specialized teachers for children with disabilities, and limited access to public buildings and transportation. (arts. 2, 24 and 26) (para. 13).

The State party should intensify its efforts to protect persons with disabilities from discrimination of any kind and ensure their full access to education, employment and public transportation and premises (para. 14).

Domestic Violence and Corporal Punishment against Children: While welcoming the introduction of criminal punishment for domestic violence by the revised Law on Domestic Violence, the Committee is concerned about reports of violence against women and children, including domestic violence, that remain widespread in the State party. It is also concerned that despite legal prohibition of corporal punishment of children in all settings, corporal punishment continues to be used widely in the home and in schools. (arts. 2, 3, 6, 7, 24 and 26) (para 17).

The State party should ensure effective implementation of prohibition of corporal punishment of children in all settings, including through public education and awareness-raising programmes (para. 18).

Child Labour: The Committee is concerned that children continue to be engaged in dangerous and hazardous work, such as work in agriculture, mining and horse-riding. (art. 8 and 24) (para. 27).

The State party should take measures to eliminate child labour, including in particular measures to prohibit of the employment of children as jockeys (para. 28).

Criminal  Justice System: The Committee remains concerned at the absence of a comprehensive juvenile criminal justice system in the State party, including of specialized courts for juveniles. It is also concerned about the allegations that children deprived of their liberty are not always separated from the adults. (arts. 14 and 24) (para. 33).

The State party should intensify its efforts to develop a comprehensive and effective juvenile justice system that takes into account the age, specific needs and vulnerability of children who come into conflict with the law. Furthermore, it should ensure that appropriate legal assistance is made available to minors and that detention and incarceration are used only as the last resort and for the shortest period of time, and that detained children are separated from adult detainees (para. 34).

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(CCPR/C/MNG/CO/5)

Last reported: 21 and 22 March 2011
Concluding Observations: 30 March 2011

Concerns raised:
 

• Corporal punishment: While taking note of the prohibition of corporal punishment under the Education Law, the Committee is concerned about the continual practice of corporal punishment in all settings (art. 7 ).

  The State party should take practical steps to put an end to corporal punishment in all settings. It should encourage non-violent forms of discipline as alternatives to corporal punishment, and should conduct public information campaigns to raise awareness about its harmful effects. (para. 19)

• Trafficking: While welcoming the progress made through the adoption of legislation against human trafficking, the Committee is concerned about its enforcement as well as the difficulties victims and witnesses experience in receiving access to legal advice, effective protection and shelters, and adequate compensation and rehabilitation. The Committee is also concerned about the gaps in the criminal prosecution of human trafficking, including in cases that allegedly involve law-enforcement officials in trafficking and forced prostitution of minors. The Committee regrets that a high proportion of cases of trafficking are dismissed by the courts, and that article 124 of the Criminal Code (on inducement to engage in prostitution and organization of prostitution) is applied to the majority of prosecuted cases instead of article 113 (on the sale and purchase of human beings), resulting in the application of lighter sanctions (art. 8 ).

  The State party should take all the necessary measures to guarantee that all cases of human trafficking are investigated, prosecuted and, if resulting in convictions, adequately sanctioned. The State party should also implement mechanisms to protect witnesses and victims during all stages of the judicial process. State resources should be allocated for the establishment and running of shelters for victims of trafficking. (para. 21)

• Children of stateless persons: While welcoming the possibility for children of stateless persons to apply for citizenship in their late teenage years, and the six-month legal deadline in which the authorities are supposed to attend any request to acquire Mongolian nationality, the Committee is concerned about allegations according to which, in practice, the process takes between nine and 13 years. The Committee is also concerned about persons who became stateless as a result of the legal obligation for individuals to renounce their nationality upon application for another nationality, including ethnic Kazakhs who renounced their Mongolian nationality, but subsequently failed to acquire the Kazakh nationality they applied for and became stateless (arts. 24, 26 ).

  The State party should conduct a thorough analysis of its legal framework to identify the provisions that lead to statelessness, and implement immediate reforms to guarantee the right of all persons to receive a nationality, including for stateless children who were born on the territory of Mongolia to stateless parents. The State party should ensure respect for the six-month legal deadline for the finalization of this procedure. (para. 26)

• Education of Kazakh children: While taking note of the measures taken to promote the access to education of the Kazakh people, the Committee remains concerned about the difficulties faced by this population to have access to education in their language (arts. 2, 27).

  The State party should further promote the access of the Kazakh people to education in their own language. (para. 27)

UN Committee on Economic, Social and Cultural Rights

E/C.12/MNG/CO/4

Last Reported: 3 and 4  June 2015 
Concluding Observations issued: 19 June 2015

Right to education: The Committee is concerned that nearly 5% of children aged 6-11 are not enrolled in primary school. It is also concerned that boys, children living in remote areas and children belonging to minority groups are over-represented among those dropping out of school. The Committee is further concerned about the reported deteriorating quality of education in schools in Ulaanbaatar and about schools’ poor infrastructure, including overcrowded classes (arts. 13 and 14).The Committee recommends that the State party intensify its efforts to: (a) Ensure that all children are enrolled in schools;  (b) Address more effectively the factors identified as root causes of persisting school dropout rates, in particular among boys and children living in remote areas and those belonging to minority groups;  (c) Allocate sufficient resources to meet children’s right to education in Ulaanbaatar, including by constructing new schools, improving education materials, and training school teachers and personnel; and (d) Conduct campaigns to raise awareness on the importance of education, especially among parents. (Paragraph 28)

Inclusive education: The Committee is concerned that many schools are not accessible to children with disabilities, especially in rural areas, and that many of them do not attend school. The Committee is further concerned about the lack of teachers trained in working with children with disabilities (arts. 2.2, 13 and 14).The Committee recommends that the State party address access to inclusive education by children with disabilities, including through (a) compulsory training of teachers; (b) individual education plans for students; (c) barrier-free physical access to schools and their facilities; and (d) allocation of sufficient financial resources. (Paragraph 29)

Other recommendations: The Committee recommends that the State party ratifies the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure. (Paragraph 31)

UN Committee against Torture

CAT/C/MNG/CO/2

Adopted by Commmittee: 2-3 August 2016

Published: 9 August 2016

Issues Raised:

Ratification and national policies:

The Committee welcomes the implementation of the National Action Plan on Eliminating the Worst Forms of Child Labour, since 2011.

Juvenile Justice:

The Committee remains concerned about the lack of a comprehensive juvenile justice system, as well as lack of juvenile court. Another point of concern is that detained children are not being separated from  adults in all circumstances. (para. 23)

The State party should: consider establishing an effective, specialzed and well-functioning juvenile justice system in compliance with international standards, including the United Nations Standard Minimum Rules for Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Deliquency (the Riyadh Guidelines); ensure that juveniles are held in detention only as a last resort, in strict compliance with the law and for the shortes amount of time possible; set up a training programme for judges and prosecutors to specialzie in juvenile justice, including on the application of non-custodial measures and incorporate non-custodial measures for minors in conflict with the law into the justice system; ensure the minors who are deprived of their liberty are held seperately from adults; ensure regular independent reviews of the juveniles’ conditions of detention; speed up the construction of the Special Training-Education Centre for Juvenile offenders located in the Bayanzurkh District, which should be completed in 2017.

(para. 24)

Corporal Punishment:

The Committee is concerned that some 42 per cent of children have been subjected to physical or psychological punishment in home settings (para. 25)

The State party should take all necessary steps to ensure the full implementation and enforcement of the prohibition of corporal punishment in all settings; conduct awareness raising campaigns for professionals and the general public in order to raise awareness about the harmful  effects of corporal punishment and promote positive, non-violent disciplinary methods in education, upbringing caring for children; investigate, prosecute and sanction all reported cases of corporal punishment.

(para. 26)

Domestic violence:

The Committee should ensure that all allegations of domestic violence, including sexual violence and violence against children, are registered by the police and that all allegations of domestic violence are promptly, impartially and effectively investigated and the perpetrators prosecuted and punished.

(para. 28)

Trafficking:

The Committee is concerned that the State part remains a country of origin and destination for human trafficking, in particular, forced labour and forced sexual exploitation, including of minors, and involving law enforcement officials.

(para. 31)

The State party should increase the protection of and provide redress to victims of trafficking, especially minors, including free legal aid, medical and psychological aid and rehabilitation, as well as access to adequate shelters and assistance in reporting incidents of trafficking to the police.

(para. 32)

(CAT/C/MNG/CO/1)

Last reported: 5 and 8 November 2010
Concluding Observations published: 20 January 2011

Concerns raised:

• Human trafficking: There is a reported rise in human trafficking, and the majority of victims are young girls, many of whom are poor, live on the streets, or are victims of domestic violence. These girls are trafficked for the purpose of sexual and labour exploitation and fraudulent marriages. (paragraph 21)

• Child labour: There are reports about the exploitation of children, including in hazardous labour conditions such as in informal mining communities. The Committee recommends that the State party combat all forms of forced labour and take all necessary measures to ensure that children do not work in hazardous labour conditions. The State party should take measures to monitor and address child labour and combat it, including by criminalising employers exploiting child labour and bringing them to justice. (paragraphs 22-23)

• Corporal punishment: There is a high prevalence of corporal punishment of children in schools, children's institutions and in the home, particularly in rural areas. The State party should take urgent measures to explicitly prohibit corporal punishment of children in all settings, and promote positive, participatory and non-violent forms of discipline through appropriate public education and professional training. (paragraph 23)

• Juvenile justice: There is no comprehensive policy framework for juvenile justice and the current system is not in harmony with the principles and provisions of the Convention on the Rights of the Child. UN Standard Minimum Rules for the Administration of Juvenile Justice are not applied, and children are not separated from adults in either pre-trial or regular detention. The State party should continue and complete the process of harmonisation of its national legislation in line with applicable international standards and improve the legal framework for juvenile justice. The State party should establish specialised juvenile courts with trained juvenile judges and other judicial staff. (paragraph 24)

UN Committee on the Elimination of Discrimination against Women
 

(CEDAW/C/MNG/CO/8-9)

Concluding Observations on the Eighth and Ninth Periodic Reports

Adopted by Commmittee: 19 February 2016

Published: 7 March 2016

Issues Raised:

Ratification and State Policies:

The Committee welcomes the  Law on Childcare Services, in 2015 and the National Strategy on the Maternal and Infant Health (2011 – 2015).

(paras. 4, 5)

Violence:

The Committee notes with appreciation the adoption in 2015 of the amended Criminal Code, which criminalizes domestic violence and other forms of violence against women and girls, including those belonging to sexual minorities, such as stalking, threat, sexual exploitation and appreciates that perpetrators can no longer avoid penalty by finding reconciliation with the victim.

However, it remains concerned that that women and girls with disabilities do not have access to shelters for victims of violence.

(para. 18)

Trafficking and Sexual Exploitation:

The Committee is concerned about  limited financial resources allocated to the implementation of existing legislation and programmes, in particular preventive programmes, to address the root causes of trafficking among girls and their families living in poverty and the insufficient protection and rehabilitation measures for women and girls who are victims of trafficking.

(para. 20)

Education:

The Committee notes with appreciation the high literacy rate among women and the high rates of girls’ enrolment in primary and secondary education. However, it remains concerned: At the persistence of violence in schools and school dormitories, in particular sexual violence and abuse, which result in the high number teenage pregnancies; At the practice of forcing of pregnant girls out of school and providing them with alternative forms of education rather than opportunities for reintegration into the formal education system; and that the national legislation does not provide for inclusive and accessible education for girls with disabilities.

(para. 24)

Health:

The Committee welcomes the progress made by the State party in reducing child and maternal mortality rates. However, it is concerned: At the lack of comprehensive education on sexual and reproductive health and rights, including on responsible sexual behaviour, and of family planning services and the high level of unmet contraception needs among women and girls; About the lack of information available to women and girls with disabilities and LBT ones on sexual and reproductive health and rights, and the lack of training of medical personnel with regard to the special needs of these women; and the lack of information on the prevalence of cervical and breast cancer in the State party, as well as on the treatment available to women and girls.

(para. 28)

The Disabled:

The Committee welcomes the progress made by the State party in reducing child and maternal mortality rates. However, it is concerned:  At the lack of comprehensive education on sexual and reproductive health and rights, including on responsible sexual behaviour, and of family planning services and the high level of unmet contraception needs among women and girls; About the lack of information available to women and girls with disabilities and LBT ones on sexual and reproductive health and rights, and the lack of training of medical personnel with regard to the special needs of these women; and  the lack of information on the prevalence of cervical and breast cancer in the State party, as well as on the treatment available to women and girls.

(para. 34)

Marriage and Family Relations:

The Committee is concerned that single mothers and their children, who are at an increased risk of poverty, discrimination and abuse.

(para. 36)

(CEDAW/C/MNG/CO/7)

Last reported: 24 October 2008
Concluding Observations published: 7 November 2008

The Committee was concerned that despite measures being taken by the State to address trafficking in women and girls, including the adoption of the National Plan of Action on Commercial Sexual Exploitation and Trafficking of Children and Women, in 2005, there is an increasing incidence of trafficking and exploitation of women and girls and a low rate of prosecution for these crimes. The Committee noted with concern that most cases of trafficking in persons are dismissed, that there is currently no mechanism to ensure rehabilitation and social reintegration for victims of trafficking, and that no witness protection programme exists for victims who wish to seek legal redress. In this regard, the Committee urged that the State take the following measures:

• ensure the full implementation of the National Plan of Action on Commercial Sexual Exploitation and Trafficking of Children and Women, as well as the prosecution and punishment of offenders.
• provide for witness protection and legal aid, as well as ensuring that adequate mechanisms are in place for the rehabilitation and social integration of women and girl victims of trafficking.
• ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, to which it acceded in June 2008. (paragraphs 27, 28)

UN Committee on the Elimination of Racial Discrimination

CERD/C/MNG/CO/19-22

Last reported: 2 and 3 December 2015
Concluding Observations issued: 11 December 2015

No mention of children’s rights.

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(CERD/C/MNG/CO/18)

Last reported: 8 and 9 August 2006
Concluding Observations adopted: 17 August 2006

The Committee expressed concern about the lack of information on refugees and asylum-seekers residing in Mongolia, including information on unaccompanied asylum-seeking minors. Under article 19 of the Law on the Legal Status of Foreign Citizens (1993) children who arrive in Mongolia unaccompanied by a guardian are automatically denied entry (art.5). In this regard, the Committee requested the State to provide updated information on the treatment of refugees and asylum-seekers, including information on rules and procedures governing the treatment of unaccompanied asylum-seeking minors. (paragraph 18)

UN Committee on Migrant Workers

UN Committee on the Rights of Persons with Disabilities

CRPD/C/MNG/CO/1

Last reported: 8 and 9 April 2015
Concluding Observations: 16 April 2015

Issues raised:

Women with disabilities (art.6): The Committee is concerned about the overall lack of information on the social, economic and political situation of girls and women with disabilities in Mongolia, on the incidence of violence, including sexual abuse, to which they are subjected and on the limited participation of women with disabilities in making decisions affecting them in general. (para 10)

The Committee urges the State party to undertake consultations with women and girls with disabilities with a view to reforming the law and changing policies, paying particular attention to their family lives, education, health services and employment, and combating domestic and/or sexual violence. The Committee also recommends that the State party’s gender policy include children with disabilities. (para 11)

Children with disabilities (art.7): The Committee is concerned about the inadequacy of specific measures for providing children with disabilities and their families, in particular girls with disabilities and children belonging to nomadic communities, with protection, as well as about the inadequacy of the education provided to children with disabilities, in particular in rural areas. The Committee is also concerned about the fact that boys and girls with disabilities are not systematically involved in the making of decisions that affect them and that they do not have the possibility to express their opinion on matters that affect them directly. (para 12)

The Committee recommends that the State party take steps, including consultations with organizations of persons with disabilities, to ensure early intervention, an overall increase in the enrolment of boys and girls with disabilities in primary education, the implementation of inclusive early childhood education and opportunities for vocational training for youth with disabilities, and to prevent violence and abuse against and the abandonment of children with disabilities. In doing so, the State party should pay particular attention to the situation of girls with disabilities, as well as of all children with disabilities from rural areas and nomadic communities. The Committee also requests the State party to adopt safeguards to protect the right of boys and girls with disabilities to be consulted in all matters affecting them, ensuring appropriate assistance in accordance with their disability and age. All of these measures should be in line with the concluding observations of the Committee to the combined third and fourth periodic reports of the State party (CRC/C/MNG/CO/3-4). (para 13)

Freedom from exploitation, violence and abuse (art.16): The Committee is concerned about information concerning the State party pointing to high rates of violence, abuse and exploitation of persons with disabilities, particularly women and girls, and the lack of protection mechanisms against these human rights violations. (para 26)

The Committee recommends that the State party: (a) Make protection mechanisms, including shelters and legal redress, accessible to persons with disabilities, particularly women and girls, who face exploitation, violence and abuse; (b) Appoint an independent authority to monitor and protect persons with disabilities from exploitation, violence and abuse, in accordance with article 16(3) of the Convention. (para 27)

Education (art.24): The Committee is concerned that the number of teachers trained on teaching children with disabilities remains low. The Committee is also concerned that the State party does not have specific measures for ensuring an inclusive education system in pursuance of its initiatives such as the Law on Education and the Master Plan for Developing Education in Mongolia (2006-2015). (para 36)

The Committee recommends that the State party consider making education for children with disabilities a mandatory part of the syllabus for teacher training and providing options for advanced training on this topic. The Committee also recommends that the State party develop specific policies and programmes, and allocate a budget, for the implementation of an inclusive education system aimed at ensuring a quality inclusive education for all children with disabilities in their own localities. In doing so, the State party should not subject children with disabilities to an assessment as to whether their disability is “minor” or “major”. (para 37)

UN Committee on Enforced Disappearance