Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mongolia (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee had previously noted that section 7(4) of the Law on the Protection of the Rights of the Child of 1996 prohibits the “displacement” and “illicit transfer” of a child under 18 years of age. It had also observed that it is prohibited under section 111(1) of the Penal Code to enrol a person under the legal age in prostitution or send them abroad for the purpose of prostitution. It had further noted that, by virtue of section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, employment abroad is prohibited for persons under the age of 18 years. The Committee had requested the Government to provide a definition of the terms “displacement” and “illicit transfer” used in section 7(4) of the Law on the Protection of the Rights of the Child, and the term “legal age” used in the Penal Code. It had also asked the Government to indicate whether section 7(4) of the Law on the Protection of the Rights of the Child and section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad prohibit the trafficking of children for labour exploitation. The Committee noted the absence of information on this point.  It reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for sexual or labour exploitation constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee therefore once again requests the Government to provide a definition of the terms “displacement” and “illicit transfer” used in section 7(4) of the Law on the Protection of the Rights of the Child, and the term “legal age” used in the Penal Code. It also asks the Government to indicate whether the national legislation prohibits the sale and trafficking of children for labour exploitation. Finally, the Committee once again requests the Government to provide a copy of the Penal Code.

2. Forced or compulsory labour. The Committee had previously noted the Government’s indication that the Labour Code had been amended in 2003 and the term “forced labour” defined. It once again asks the Government to provide a copy of the Labour Code as amended in 2003.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.32 of 15 November 2004, page 20, paragraph 65), that by virtue of section 9(2) of the Law on Military Obligations and the Legal Status of Military Personnel, the minimum age for admission to compulsory military service is 18 years of age for men. The Committee once again asks the Government to provide a copy of the Law on Military Obligations and the Legal Status of Military Personnel.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 111(1) of the Criminal Code states that a person who organizes the permanent prostitution of others or involves persons under the legal age in permanent prostitution commits a crime. It had requested the Government to indicate if a person who occasionally uses, procures or offers a child under 18 years of age for prostitution commits an offence under national legislation. Noting the absence of information in this regard, the Committee once again asks the Government to indicate whether the national legislation prohibits the occasional use, procuring or offering of a child under the age of 18 for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s indication that, by virtue of sections 122 and 123 of the Penal Code, it is an offence to press a child into pornography. It had requested the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances. The Committee noted that the Government’s report mentions the Law on Combating Pornography. It asks the Government to indicate whether this Law prohibits the use of a child under the age of 18 for the production of pornography or for pornographic performances. It also requests the Government to provide a copy of this Law.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 7(4) of the Law on the Protection of the Rights of the Child provides that “it is prohibited to attract a child under 18 years of age into crimes, violence, gambling, drinking, smoking, narcotics and other psychotropic substances”. Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee had asked the Government to indicate the measures taken or envisaged to this end. The Committee noted the Government’s indication that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is not commonly observed in the country. It nevertheless reminded the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee therefore requests the Government to identify and provide the text of any legislation, existing or envisaged, to prohibit the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. 1. Self-employed children and children working in the informal sector. The Committee had previously noted that, by virtue of sections 109(4) and 110(3), of the Labour Code, persons under 18 years of age shall not be employed on any work which would negatively affect their intellectual development and health, or under abnormal working conditions. However, it had observed that, by virtue of section 4 of the Labour Code, the scope of application of this Law is limited to persons who work for an employer under a contract of employment. The Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee noted that the Government’s report contains no information in this regard. However, it noted that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a formal employment contract. The Committee also noted the Government’s indication that 90 per cent of working children work in household enterprises and are not paid for their labour. The Committee requests the Government to provide information as to whether these informal work arrangements constitute labour contracts and accordingly enjoy the protection against hazardous work contained in the Labour Code. If these work arrangements do not constitute a labour contract, the Committee asks the Government to provide information on the measures taken or envisaged to ensure that children working without an employment contract are protected against hazardous types of work.

2. Horse jockeys. The Committee had previously noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.5), there is increasing criticism in the country about the denial of child rights in horse racing. It is estimated that 40 to 50 celebrations occur each year, and on each occasion 2,000 children jockeys (aged 6 to 16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged in this regard.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. The Committee noted the Government’s information that the court of Chingeltei district has convicted two citizens for involving a minor in sexual exploitation. It requests the Government to continue providing information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to free basic education for children removed from the worst form of child labour; and (e) to take account of the special situation of girls. It once again requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c) and (e) of the Convention.

Clause (d). Identifying and reaching out to children at special risk. 1. The trafficking of children. The Committee had previously noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 3.1), reports on alleged cases of women and girls trafficked are common in the media. Girls are mostly trafficked to China, Macao, Singapore, South Korea, Japan and Yugoslavia. The Committee had also noted the Government’s indication that it has been collaborating with ECPAT (“End child prostitution, child pornography and trafficking of children for sexual purposes”) since 2002 to determine the direction of cooperation to eliminate the trafficking of children for sexual exploitation. The Committee had asked the Government to provide information on the time-bound measures taken or envisaged, in cooperation with ECPAT, to ensure that children under 18 are not trafficked for sexual exploitation. The Committee noted the Government’s information that, in accordance with the national programme, the Ministry of Social Welfare and Labour, the Ministry of Justice and Home Affairs and the National Board for Children are responsible for cooperation with other countries and international organizations to prevent the sale of children for sexual exploitation. It also noted that the General Police Department cooperates with other organizations to ensure the implementation of laws. The Committee requests the Government to indicate the concrete measures taken by these authorities in cooperation with ECPAT to prevent and combat the sale and trafficking of children for sexual exploitation.

2. Street children. The Committee had previously noted that the non-governmental organization “Save the children” establishes shelters for street children and provides assistance to children and families from vulnerable social groups. It had asked the Government to provide further information on the number of children targeted and the impact of the activities conducted by “Save the children” to protect street children and children from vulnerable social groups from the worst forms of child labour. Noting the absence of information from the Government, the Committee once again requests the Government to supply information on this point.

3. Children working in mines. The Committee had previously noted that the number of children under 18 working in mines is high in urban or settlement areas. It had also noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.1.), children work in mines side-by-side with adults doing hard physical work, including dangerous work in direct contact with highly toxic mercury. The Committee had asked the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 do not work in underground mines. The Committee noted the Government’s information that the Population Training and Research Centre of the National University of Mongolia has carried out a survey including 122 children aged 6–18 years who have been working in gold and coal mining in Selenge and Tuv aimags. According to the survey, most of the children started to work at the age of 12 years. Some 37.7 per cent of these children extract gold by using mercury and 22.5 per cent of them have had an accident at work. The Committee noted that one of the objectives of the national programme of action for the development and protection of children
(2002–10) is to immediately take urgent measures to eliminate child labour in gold, metallurgic, coal and fluorspar mining. Nevertheless, the Committee remained concerned over the situation of children under the age of 18 performing dangerous work in mines. The Committee asks the Government to redouble its efforts to ensure that children under 18 do not work in underground mines in conformity with section 1 of Appendix 1 to Order No. A/204 of 1999 establishing the list of types of work prohibited to women and minors. It requests the Government to provide information on any progress made in this regard.