Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously noted that the Criminal Code, as amended in 2012, provided for a fine of 51–100 amounts of minimum salary or incarceration for a term of three to six months for involving minors into prostitution (section 115.2). It noted that the draft revised Criminal Code, which included a provision incriminating the use, procurement and offer of a child for prostitution, was under review by the Parliament. It also noted that, according to the Understanding Children’s Work (UCW) programme’s report entitled: The twin challenges of child labour and education marginalisation in East and South East Asia region, girls are trafficked internally and subjected to commercial sexual exploitation. The Committee requested the Government to provide information on the application in practice of the provisions of the Criminal Code incriminating the involvement of minors in prostitution.

The Government indicates in its report that detailed information in this respect is not available. It states that, according to the General Police Department, no cases of children sexually exploited were registered in 2016 and 2017, and that one case was registered between January and May 2018. The Committee notes that the Government has adopted a new Criminal Code in 2015 (entered into force in July 2017), pursuant to which the sexual exploitation of children is punishable by 12 to 20 years of imprisonment, and by two to eight years of imprisonment for the sexual exploitation of children aged from 14 to 18 (section 12.3). The Committee further notes that the Special Representative and Co-ordinator for Combating Trafficking in Human Beings of the Organization for Security and Co-operation in Europe (OSCE) indicated in her report on Mongolia, finalized in February 2018, that Mongolian children are trafficked for the purpose of sexual exploitation in saunas, hotels, massage parlours and karaoke clubs. Recalling that the best legislation only takes value when it is applied effectively, the Committee requests the Government to take the necessary steps to ensure the effective application of section 12.3 of the Criminal Code, indicating the number of child victims of commercial sexual exploitation and the number and nature of convictions and penalties imposed.

Clause (d). Hazardous work. Horse jockeys. In its previous comments, the Committee noted that, under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7. It noted that, according to the National Human Rights Commission, despite the progress in regulating the use of protective clothing for child jockeys in the Mongolian National Standard (MNS 6264:2011), the implementation of the standard was not effective. The Government indicated that around 10,000 children were used as child jockeys every year during the summer holidays, and that 59 per cent of child jockeys were covered by an accident insurance. It stated that, according to the 2014 National Social Indicator Survey, 5 per cent of all children aged from 4 to 15 were child jockeys for a minimum of one year (10 per cent of boys and 1 per cent of girls). Furthermore, half of the child jockeys interviewed reported to carry out bareback riding on their last race and 3 per cent were injured. The Committee noted that several activities were organized by the National Authority for Children (NAC) in order to ensure the safety of child jockeys. However, the Government indicated that there had been no unannounced inspections. It also mentioned that access to a database on legal cases in Mongolia is quite limited. The Committee observed that, according to the UCW project, the Ministry of Health reported that more than 300 children injured during horse races were treated at the National Trauma Centre alone, in 2012. The Committee accordingly urged the Government to take the necessary measures in law and in practice to ensure that no child under 18 years of age is employed as a horse jockey. The Committee further requested the Government, where such work is performed by young persons between 16 and 18 years of age, to ensure that protective measures are strictly enforced and that unannounced inspections are carried out by the labour inspectorate.

The Committee notes the Government’s indication that the National Child Development and Protection Programme for the 2017–21 period, approved by resolution No. 270 of 20 September 2017, reflects measures to be implemented to advance towards the prohibition of hazardous work, including the prohibition of children under the age of 16 from taking part in winter and spring horse races and the regulation of health, safety and protection issues when races are permitted. The Government indicates that in 2016, 13,572 children taking part in horse races were identified, and 10,453 were identified in 2017.

The Committee notes that, according to the 17th Status Report on Human Rights and Freedoms in Mongolia, issued in 2018 by the National Human Rights Commission of Mongolia, the list of jobs prohibited for children under 18 years of age was revised in 2016 to include, inter alia, the prohibition of child jockeys from attending horse racing from 1 November to 1 May of each year. However, the National Human Rights Commission indicates that the Minister of Labour and Social Protection issued Decree A/28 on 20 February 2017 which has shortened the period of the ban to the winter season each year. Moreover, the Committee notes that, in January 2019, the Government issued resolution No. 57, prohibiting the organization of horse races every year from 1 February to 1 May.

The Government also indicates, in its comments of 13 June 2018 on the OSCE report, that the Authority on Family, Child and Youth Development (formerly the NAC) has been taking concrete measures in order to improve the protection of rights and safety of child jockeys, such as the holding of consultations with domestic insurance companies to increase the insurance fees and compensation payments. The Professional Inspection Agency carried out an inspection on the safety of child jockeys in horse races held during several festivals, including the national Nadaam Festival, to ensure the implementation of the Law on National Nadaam Festival, as well as the standard MNS6264:2011 on the requirements for safety clothing for child jockeys and horse wear. The Committee observes that the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings noted the efforts of the Authority on Family, Child and Youth Development to register child jockeys and ensure that they are provided with life insurance and protective clothing (paragraph 29).

The Committee however notes that, in its concluding observations of July 2017, the United Nations Committee on the Rights of the Child (CRC) expressed serious concern at the prevalence of conflicts of interest between official duties and the private interests of those in public service roles, including members of Parliament and Government officials having personal investments in horse racing and training. The CRC also remained seriously concerned that children continue to be engaged in hazardous work, including horse racing (CRC/C/MNG/CO/5, paragraphs 13 and 40). The Committee observes that, in its recommendation submitted to the Prime Minister of Mongolia on 22 January 2018, the National Human Rights Commission reported 79 falls of child jockeys, involving 12 children injured and one death, during horse races which took place in 2016 and 2017. It further notes that, according to the Final Narrative Report of the project to sustain the Generalised Scheme of Preferences (GSP+) Status by implementing international labour standards in Mongolia, in March 2018, 16 children, including children under 12 years of age, were reportedly injured at the Dunjingarav Horse Racing Races. The Committee is therefore bound to express its deep concern at the situation of child jockeys exposed to serious injuries and fatalities. Recalling that horse racing is inherently dangerous to the health and safety of children, the Committee urges the Government to take, as a matter of urgency, the necessary measures in law and in practice to ensure that no child under 18 years of age is employed as a horse jockey, throughout the year. It requests the Government to provide information on the application in practice of the hazardous work list, including the number of violations detected and penalties applied.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the UCW project reported in 2015 that the percentage of out-of-school rural children aged from 10 to 14 years of age was five times that of urban children. The Committee requested the Government to provide information on the measures taken to provide access to free, basic and quality education to both working and out-of-school children, as well as in increasing school attendance rates, in particular in the rural areas.

The Committee notes the Government’s indication that, for the academic year 2017–18, 402 children have dropped out of school, compared to 445 in the 2016–17 academic year and 612 in the 2015–16 year. It further notes that the Deputy Minister of Labour and Social Protection indicated in its opening statement for the 75th session of the United Nations Committee on the Rights of the Child (CRC) on 25 May 2017 that the pre-school, primary and secondary school enrolments have considerably increased. In the academic year 2016–17, 79.2 per cent of children were enrolled in preschool and 97 per cent were enrolled in primary and secondary school. The Deputy Minister of Labour and Social Protection also stated that the Government has revised its State Policy on Education in 2015. The Committee however notes that the Action Programme 2016–20 of the Government provides that all children in urban areas are allowed to enrol in kindergarten, without mentioning children living in rural areas. It also notes that the Action Programme provides that herders’ children are able to start school between 6 and 8 years old, at their choice. The Committee underlines that the Government shall ensure access to free basic education to all children, regardless of their geographical location. The Committee also points out that, by raising from 6 to 8 the age at which herders’ children can start school, children are more likely to be engaged in the worst forms of child labour. Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee requests the Government to take the necessary measures to improve the functioning of the educational system, in order to ensure that both children living in rural and in urban areas have equally access to free basic education. It requests the Government to provide information on the measures taken in this regard and the results obtained, particularly with regard to increasing school attendance rates and reducing school drop-out rates, in primary and secondary education. Please disaggregate the data by gender and age.

The Committee is raising other matters in a request addressed directly to the Government.