Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mongolia (Ratification: 1969)

Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that the new draft Labour Law prohibits direct and indirect discrimination on a set of grounds that now include explicitly the grounds of colour and political opinion, which were not expressly contemplated in the previous draft. According to the Government’s report, the new Labour Law will provide for the prohibition of discrimination in employment and occupation based on the following grounds: “origin, descent, race, colour, age, gender, appearance, disability, social origin, social and marital status, pregnancy, family responsibilities, HIV/AIDS, sexual orientation, wealth, religion, opinion, or political opinion”. The Committee asks the Government to confirm that the ground of “national extraction” listed in Article 1(1)(a) of the Convention is covered by the grounds of “origin” and “descent” included in the new draft Labour Law. The Committee hopes that the new Labour Law will soon be adopted and will be in conformity with the Convention.

Discrimination based on sex. Retirement age. The Committee recalls its previous comments concerning section 4 of the Law on Pensions and Benefits, which provides for different retirement ages for men and women, and the possible discriminatory effect of this provision. It notes the Government’s indication that the 2012 National Policy announced the Government’s intention to harmonize the retirement ages of men and women and that this issue is likely to be addressed in the future. The Committee encourages the Government to use the opportunity provided by the reform being undertaken of the Labour Law to ensure that the working life of women is not shortened in a discriminatory manner and to amend the Law on Pensions and Benefits accordingly.

Sexual harassment. The Committee recalls that section 11.4 of the Law on the Promotion of Gender Equality (LPGE) prohibits sexual harassment and requires employers to take steps to prevent sexual harassment at the workplace, including by establishing complaint mechanisms. The Committee notes that in 2014 the National Human Rights Commission of Mongolia (NHRCM) undertook a survey of 24 organizations and 514 individuals in order to assess the effectiveness of the LPGE. The survey revealed that nearly 70 per cent of the employers participating in the survey had no internal regulations or mechanisms to receive complaints concerning sexual harassment. The survey also indicated that victims of sexual harassment did not file complaints due to a number of factors, including lack of awareness of the relevant procedures and the absence of accountability measures. The Committee notes from the Government’s report that a number of awareness-raising campaigns on sexual harassment have been conducted in collaboration with the social partners. It also notes that the Confederation of Mongolian Trade Unions (CMTU) is working with the State Administrative Council to develop regulations on sexual harassment applicable to public officials and is collaborating with the Parliamentary Standing Committee to strengthen legal provisions related to sexual harassment at work. The Committee notes that, following the reform of the Criminal Code in 2015, sexual harassment is now considered to be a crime and the new draft Labour Law imposes specific penalties in this regard. The Committee asks the Government to step up its efforts to prevent and prohibit sexual harassment at work and to continue providing information on the application in practice of section 11.4 of the LPGE. The Government is also asked to provide information on the impact of the revised Criminal Code on the prevention and sanctioning of cases of sexual harassment in the workplace. The Committee further asks the Government to ensure that the final draft of the Labour Law covers both quid pro quo and hostile environment sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that, as a result of the gender quota established in the 2011 Law on Parliamentary Elections, currently 14.5 per cent of the members of Parliament are women. They also account for 19 per cent of state secretaries and hold 26 per cent of senior positions in ministries. However, no further information is provided concerning the implementation of the quotas set out in section 10 of the LPGE in order to increase women’s participation in the public sector in leadership positions. The Committee notes from the report submitted by the NHRCM to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 2016 that the implementation of the LPGE remains weak due to the lack of capacity of the public officials responsible at the national and local levels and the limited awareness among the public, including employers, concerning this legislation. The Committee notes that the Mid-term Strategy and Action Plan on the implementation of the LPGE (2013–16) aims to strengthen national capacities to implement the LPGE and provides for the setting up of a gender specific database of statistics. It also notes that Resolution No. 1/4 of 2013 of the Chair of the National Statistics Committee calls for the compilation of gender statistics based on 216 indicators, including on employment and sexual harassment. Concerning vocational training, the Committee notes that 53.5 per cent of beneficiaries of career-counselling services provided by the Government in 2013 were women. It further notes the measures envisaged by the Government to address the high drop-out rates of boys from school, in particular the provision of education to first grade pupils from herding families through alternative home-based options. The Committee asks the Government to supply information on the specific steps taken under the Mid term Strategy and Action Plan for the implementation of the LPGE, including any steps taken to achieve the quotas established in sections 7.2.2 and 10 of the LPGE and to promote broader participation by women in vocational training courses (other than those traditionally dominated by women), and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market. In this regard, the Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Government is also asked to continue providing information on the progress made in compiling gender disaggregated statistics, in relation to education, training, employment and occupation, and on the measures adopted to improve access to education for boys and girls from herders’ families and to reduce school drop-out rates.

Discrimination on the basis of political opinion. The Committee refers to its previous comments concerning the practice of dismissing public officials because of their political opinion, particularly after general and local elections. It notes from the Government’s report that a study in 2014 on labour disputes brought before the Supreme Court revealed that 80 public organizations paid a total of 397 million Mongolian tughrik (MNT) to public officials who were dismissed without a valid reason. While noting that political opinion is explicitly included in the prohibited grounds of discrimination under the new draft Labour Law, the Committee once again asks the Government to indicate the specific measures adopted to ensure that public officials are effectively protected against discrimination based on political opinion.

Measures to promote equality irrespective of race, colour or national extraction. Tsaatans. The Committee notes the Government’s indication that Tsaatans continue to face economic marginalization and that the pressure on their traditional lands and livelihoods has increased because of the growth of the mining industry and the impact of tourism. In this regard, the Committee also notes the concerns expressed by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) at the adverse impact of mining projects on herders’ economic, social and cultural rights and the inadequacy of the legal framework to protect their rights to pasture, hay land and water resources (E/C.12/MNG/CO/4, 7 July 2015, paragraph 8). The Committee notes from the Government’s report that special measures have been adopted to ensure access to education for Tsaatan students. It also notes that the monthly subsidy for herders’ families has been reinstated. The Committee asks the Government to continue providing information on the specific measures adopted to ensure equality of opportunity and treatment of the Tsaatans, including any measures to protect their right to engage without discrimination in their traditional occupations and livelihoods, including with regard to access to land and natural resources.

Persons with disabilities. Noting the Government’s indication that a Plan of Action has been adopted to improve equality of opportunity and treatment of persons with disabilities, the Committee asks the Government to provide information on the specific measures adopted or envisaged under this Plan with regard to education, vocational training, employment and occupation, and on their impact. Referring to the concerns expressed by the United Nations Committee on the Rights of Persons with Disabilities (CRPD) with regard to the inadequacy of the sanctions imposed for non-compliance with the legislative requirement for public and private entities with more than 25 personnel to have 4 per cent of workers with disabilities, as well as the possible discriminatory effects of the legislation limiting the maximum number of working hours a week to 36 for persons with disabilities (CRPD/C/MNG/CO/1, 13 May 2015, paragraph 40), the Committee asks the Government to indicate the specific measures adopted or envisaged to promote access to employment and occupation of persons with disabilities, including the steps taken to ensure the implementation of the employment quotas, and their impact.

Supervision and enforcement. The Committee notes the Government’s indication that an initiative has been launched in collaboration with the National University of Mongolia with a view to establishing a database on labour-related complaints registered with the NHRCM or filed with the courts, including cases relating to the application of the Convention. The Committee also notes that amendments of the Criminal Code to include penalties for discriminatory acts are still under consideration. The Committee once again asks the Government to ensure that, in creating an integrated labour relations database, information on the number and nature of the complaints filed with the Labour Dispute Settlement Commission pursuant to section 7.2 of the Labour Law is also included, with the remedies provided and sanctions imposed. The Committee reiterates its request to the Government to provide information on the measures adopted to raise employees’ awareness of existing complaints mechanisms. The Government is also asked to continue supplying information on any changes made to the Criminal Code in relation to penalties for discriminatory acts in the workplace.