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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. Following its previous comments, the Committee notes the Government’s information, in its report, that from 2018 until July 2022, a total of nine children were registered as victims of sexual exploitation under section 12.3 of the Criminal Code. The Committee observes, however, that the Government does not provide information on the number of prosecutions, convictions and penalties imposed in these cases. The Committee requests the Government to provide information on the application of section 12.3 of the Criminal Code as regards the number of prosecutions, convictions and penalties imposed.

Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information regarding the application in practice of section 16.8 of the Criminal Code (which remained in the revised Criminal Code of 2017), penalizing the use of a child in pornographic activities. From 2015 to 2021, 6,973 cybercrimes were registered nationwide, of which 1.3 per cent (93) were crimes against children. Twenty-four cases in 2020, 26 cases in 2021 and 84 cases as of July 2022, were registered under section 16.8 (advertising and dissemination of pornography or prostitution) and section 16.9 (advertising and dissemination of pornography or prostitution involving a child) of the Criminal Code. Moreover, the Government indicates that it is taking other measures to combat sexual crimes against children, in particular cybercrimes, including awareness-raising, trainings and other preventive measures to tackle the identified root causes of this type of crime. The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes that sections 16.1 and 16.2 of the revised Criminal Code criminalizes the involvement of children into criminal action, including into organized groups or criminal organizations, and involving them into heavy drinking, drug abuse and addiction, and impose penalties of imprisonment for these offences. The Committee requests the Government to provide information on the application in practice of sections 16.1 and 16.2 of the revised Criminal Code.

Clause (d) and Article 7(2)(b).Hazardous work and effective time-bound measures for prevention, assistance and removal. Children working in mines. Following its previous comments, the Committee notes the Government’s information according to which, in 2018, the Department of Family, Children and Youth Development established joint taskforces on small-scale mining in 11 provinces with representatives from the Police Department; Department of Labour and Social Welfare; Department of Education, Culture and Arts; Department of Health; and Department of Emergency Management. The taskforces organized training and awareness-raising initiatives on human rights, child labour, child protection, and occupational safety and health and worked with families working in small-scale mining for registration and monitoring purposes. Further, the taskforces identified migrant families working in small-scale mining and provided the services of healthcare, psychosocial counselling, and monitoring of soum multidisciplinary teams. The Committee also notes with interest that section 2.1.6 of the “List of jobs prohibited for minors under 18 years of age”, adopted by Order of the Minister of Labour and Social Protection No. A/122 of 2022, prohibits jobs in the mining and extraction sector to all children under the age of 18 years. The Committee requests the Government to ensure the effective implementation of section 2.1.6 of the list of jobs prohibited to minors under 18 years of age, thereby putting an end in practice to the engagement of children in the mining sector, and to provide information on the number and nature of penalties imposed. The Committee also requests the Government to continue to take the necessary measures to identify and remove children under 18 years working in mines and to provide information on the number of children removed and rehabilitated and socially integrated.

Article 6. Programmes of action. Child trafficking. The Committee takes note of the detailed information provided by the Government regarding the implementation of the National Programme on combating Human Trafficking. With regard to the measures taken in the framework of national programmes of action against trafficking, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. Children in situations of vulnerability, including children in the streets. In response to the Committee’s request regarding the measures taken and results achieved within the framework of the Action Programme of the Government of Mongolia 2016–20, the Government indicates that it has improved the registration and oversight of children in street situations and implemented policies and actions for the identification and protection of unsupervised children. Nationwide, 449 unsupervised children were identified between 2019 and 2022, for whom multidisciplinary teams conducted situation assessments and developed individual case management plans. Furthermore, in 2022, the National Police Agency and the Agency for Family, Children and Youth Development jointly took measures of “Child Protection” and “Identification-2022” for the identification and data collection of unsupervised children. The Committee requests the Government to pursue its efforts to identify and protect street and unsupervised children from the worst forms of child labour and to provide for their rehabilitation and social integration, and to continue providing information on the results achieved.

Article 8. International cooperation.Child trafficking. The Committee takes note of the Government’s information regarding two cooperation projects adopted with a view to combat trafficking. One of these, the five-year project on “Preventing Violence against Women, Combating Trafficking in Persons for Sexual Exploitation, and Strengthening Cooperation in Victim Assistance” is being implemented by the Ministry of Labour and Social Protection, jointly with the Ministry of Gender Equality and Family of the Republic of Korea, to prevent trafficking through awareness-raising and training, rehabilitation, social integration and the economic empowerment of girls and women. The Government also indicates that one of the achievements of the project is the adoption of a guideline on the identification of victims of human trafficking and the strengthening of the capacity of government officials in the prevention of human trafficking and sexual exploitation. In the framework of the second project, the United States – Mongolia Child Protection Compact Partnership 2020–24, efforts are being strengthened to effectively prosecute and convict child traffickers, provide comprehensive trauma-informed care for child victims of these crimes, and prevent all forms of child trafficking in Mongolia. In this regard, the Government indicates that, as of September 2022, 18 child victims of trafficking were freed, placed in state and NGO-run temporary shelters and received rehabilitation and social reintegration services. The Committee encourages the Government to continue its measures, within the framework of its cooperation projects with the Republic of Korea and the United States, or any other project, to prevent trafficking of children under the age of 18 years, and provide for their removal from such situations and subsequent rehabilitation and social integration. It requests the Government to continue to provide information on the concrete measures taken in this regard and on the results achieved in terms of the number of children reached through such measures.

Poverty reduction. The Committee notes that, according to the 2022 qualitative child labour study published by the National Human Rights Commission of Mongolia, in collaboration with the ILO in the framework of the Trade for Decent Work Project, many children who work do so to help their parents or guardians pay off their debts or avoid representing a financial burden on their family (45 per cent of child labourers). In this regard, the Committee takes note of the adoption of the UN Sustainable Development Cooperation Framework for Mongolia 2023–27 (UNSDCF), by which the Government of Mongolia and the UN agreed to work together for Mongolia to advance in sustainable development as a prosperous country characterized by an inclusive, resilient, healthy, and safe environment, and a cohesive society based on the rule of law and human rights. The UNSDCF aims at accelerating Mongolia’s progress towards achieving the Sustainable Development Goals – 2030 through targeted activities of 23 resident and non-resident UN agencies, including the ILO. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to continue taking the necessary measures to ensure that the UNSDCF is implemented in such a way as to further the elimination of the worst forms of child labour. It requests the Government to provide information on the progress made in this respect and the results achieved.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3 and 7(1) of the Convention. Worst forms of child labour and penalties. Child trafficking. The Committee notes that, as opposed to previous years when it was not able to identify cases of child trafficking, the Government indicates that between the beginning of 2017 and July 2022, 237 victims of trafficking were identified, among which 95 were children under the age of 18, under section 13.1 of the Criminal Code. The Government specifies that, in 2020, the police investigated 14 human trafficking cases with 18 defendants and 40 victims, and in 2021, 9 cases with 19 defendants and 20 victims (19 children). Of those, 5 cases are in investigations, 2 cases in prosecutions and 2 cases in judicial process. The Committee requests the Government to continue taking all the necessary measures to ensure that thorough investigations and effective prosecutions of individuals who engage in the trafficking of children are carried out. It requests the Government to continue providing information in this respect, including statistical information on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed on perpetrators.

Article 3(d). Hazardous work. Horse jockeys. Following its previous comments, the Committee notes the Government’s detailed information, in its report, regarding the measures it continues to take in order to improve the protection of the rights and safety of child jockeys, including the updating of standards on protective equipment, the registration of child jockeys, and the allocation of accident insurance payouts. The Committee also notes the Government’s indication that it is taking measures of identification, investigation and referral to legal authorities to implement Resolution No. 57 of 2019, which prohibits the organization of horse races from 1 November to 1 May every year, and that state child rights inspectors have been monitoring the implementation of the Resolution and that fines were imposed on those who have held horse races in violation of its provisions. The Committee also notes that the Minister of Labour and Social Protection adopted the “List of jobs prohibited to minors under 18 years of age” by Order No. A/122 of 2022, which provides that children under the age of 18 cannot be engaged in “professional horse racing” (section 2.1.14.1) and in “horse racing, horse race short distance and long-distance pre-training from the 1st of November to the 1st of May every year”. However, the Government indicates that the Law on Naadam Festival was amended in June 2022 to raise the minimum age for jockeying from 7 to8 years of age.

In this regard, the Committee notes that, according to the 2022 qualitative Child Labour Study published by the National Human Rights Commission of Mongolia in collaboration with the ILO EU-funded Trade for Decent Work Project, while it has been claimed that the prohibition of horse racing from 1 November to 1 May each year is strictly adhered to, child jockeys and horse trainers have confirmed that short-distance races, training races and horse racing for betting are still organized throughout the year. Moreover, the quantitative Child Labour Survey 2021-22, the key findings of which were launched in June 2023, indicate that 1,200 children took part in races and help trainers take care of the racehorses. In its report, the Government also indicates that children continue to be used as child jockeys, with 3,814 child jockeys found in 82 horse races nationwide as at June 2022; 27 of these races were organized by provincial and soum governors and 50 were organized for special occasions and offering ceremonies without permission from the authorities.

The Committee further observes the detailed information contained in the 2022 qualitative child labour study regarding the conditions of child jockeying, which illustrate its inherently hazardous nature. For instance, while statistical data showed a decreased number of injuries due to falling off horses, fatalities and injuries remain a matter of concern. On average, 34.6 children per month were injured due to falling off horses from January to April and September to December in 2019 and 2020, while this number increased to 1,282 children per month from May to October. Out of those children injured due to falling off horses, 46.5 per cent fell off so-called ordinary horses and 53.5 per cent fell off racehorses in 2019 and 2020. The study also indicates that child jockeys are not brought to the hospital for what are considered “minor” injuries, such as concussions, skin tears and bleeding, as a result of which many injuries are not reported. Similarly, while the Government indicates that there were 2.8 times less horse races in 2019 than 2018, and that the number of injured child jockeys decreased accordingly, the Committee observes that the Government itself reports that there were still 448 injured child jockeys in 2019.

The Committee notes with deep concern that, despite the health and safety measures adopted by the Government, children under 18 years of age continue to be engaged in work which is clearly harmful to their health and safety, as reflected by the number of child jockeys who continue to suffer serious injuries. While taking note of the measures taken by the Government to prohibit professional horseracing to children under the age of 18, the Committee notes with regret that children from the age of 8 years can still legally race horses in short distance and long-distance pre-training from 1 November to 1 May every year.

The Committee therefore once again draws the Government’s attention to Article 3(d), which states that work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (2012 General Survey on the fundamental Conventions, para. 380). The Committee therefore once again urges the Government to take measures, as a matter of urgency, to ensure that the Law on Naadam Festival is amended to prohibit the engagement of children as child jockeys until at least 16 years of age in all circumstances and throughout the year. Where jockeying is performed by young persons between 16 and 18 years of age, the Committee urges the Government to take the necessary measures to ensure that such work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. Finally, the Committee requests the Government to take measures to ensure that these laws are effectively applied in practice through rigorous inspections, effective prosecutions and penalties against those engaging children in horse jockeying, and to provide information in this regard.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee, having previously noted that school dropouts affected children from rural areas more than children from urban areas, notes the Government’s information according to which it is taking several measures to combat and prevent school dropouts. Such measures include: (1) the plan to eliminate learning loss of students 2021-22 by the Ministry of Education and Science; (2) the training of school teachers to accommodate different learning styles and needs of students at risk of dropping out; (3) the operationalization of the Education Management Information System which monitors students’ learning outcomes and tracks their transfers; and (4) the implementation of the “Green light” action guideline to support children alienated from the classroom and who have suffered physically or mentally during the COVID-19 pandemic. Furthermore, the Committee takes note of the programmes adopted by the Government to improve its education system, in particular Mongolia’s Long-Term Development Policy Vision 2050 to advance education equity, efficiency and outcomes, and the Education Sector Mid-Term Development Plan 2021-30, two policies of which are to enhance the quality and relevance of the education system and to increase equal access and inclusiveness.

While taking note of this, the Committee observes that new challenges are emerging regarding access to education in Mongolia, in particular due to the effects of climate change. A 2019 UNICEF report on “The impact of climate on education in Mongolia” indicates that climate trends, including more extreme winter conditions, heavier summer precipitation (leading to flash floods), and more extreme summers all have a significant impact on Mongolia’s education sector. The main impacts include reduced access to education – especially in the harsh, cold winters when roads are impassable or too dangerous, and after flash floods when roads are destroyed – as well as missing school or dropping out of school due to health complications (particularly in winter). These trends result in lower attendance rates, and potentially impact learning outcomes. Livelihood concerns are also widespread with herding families being particularly dependent on favourable weather conditions to make a living and obtain sufficient income to send children to school. In addition to these concerns, schools have also reported insufficient access to water and sanitation facilities, food insecurity and access to energy as important issues that affect students’ well-being during climate-related disasters. Considering that education is key to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue to adopt and effectively implement the necessary measures to improve the functioning of the educational system, in order to ensure that all children have equal access to free basic education, in particular those impacted by climate trends, and continue reducing the risk-factors leading to school dropouts. It requests the Government to continue providing 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 lower secondary education.

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

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

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials was prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carried a stiffer sanction. It noted the Government’s reference to the Law on Education and the Law on the Fight against Pornography, which provide for aggravated penalties on the respective crimes that involve “persons under the legal age” and “minors”. The Committee requested the Government to indicate clearly the definition of these terms, as used within the context of the Law on Education and the Law on the Fight against Pornography.

The Committee notes the Government’s indication that the Rights of the Child Act defines a child as a person under 18 years of age, in accordance with the Rights of the Child Convention of 1989. The Government states that, in line with this, the Law on Education and the Law on the Fight against Pornography also define a child as a person under 18 years of age. The Committee takes due note of the information provided by the Government and notes with interest that section 16.8 of the Criminal Code of 2015, which entered into force in July 2017, provides for a fine, community work, restriction of movement or imprisonment of six months to three years for any person who forces a child to perform pornographic activities. The Committee requests the Government to provide information on the application in practice of section 16.8 of the Criminal Code of 2015.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide a definition of its terms “minors” and “persons under the legal age” within the context of sections 192.3.2 and 56.1.3 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties, respectively for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances, and for the instigation or involvement of persons into committing a crime or causing the commission of a crime.

The Committee notes the Government’s statement that, according to the Rights of the Child Act, a child is defined as a person under the age of 18 years. The Government indicates that the Criminal Code came into force in July 2017. The Committee requests the Government to indicate if the new Criminal Code prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, such as the production or trafficking of drugs, pursuant to Article 3(c) of the Convention and, if so, to indicate the relevant provisions.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time-bound measures for prevention, assistance and removal. Child trafficking. The Committee observes that the Organization for Security and Co-operation in Europe (OSCE) Special Representative and Co-ordinator for Combating Trafficking in Human Beings indicated in its report on Mongolia of February 2018 that Mongolian children are trafficked, both within Mongolia and externally, to Hong Kong, Macau, China, South Korea, Japan, Europe and Turkey and to a lesser extent to the Russian Federation and Kazakhstan (paragraphs 26 and 28). The Committee notes the Government’s indication, in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the National Programme on combating Human Trafficking, adopted in 2017, aims, inter alia, at preventing and combating trafficking in persons, and at taking and implementing measures for the protection of victims, including medical and psychological assistance. The National Human Rights Commission of Mongolia indicated in its 17th Status Report on Human Rights and Freedoms issued in 2018 that the National Programme on combating Human Trafficking is a four-year programme, for the 2017–21 period. The Committee requests the Government to provide information on the implementation of the National Programme on combating Human Trafficking and its impact on the elimination of the trafficking of children under 18 years of age for labour and sexual exploitation. It requests the Government to provide information on specific measures to prevent children under 18 years of age from becoming victims of trafficking as well as on the number of child victims of trafficking who have been removed from exploitation and who have been rehabilitated and socially integrated.

Article 7(1). Penalties and court decisions. Trafficking of children. In its previous comments, the Committee noted the low number of convictions for trafficking of children. It noted that the Government was in the process of creating a single information pool on human trafficking crimes. The Committee accordingly requested the Government to intensify its efforts to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied, in cases involving victims under 18 years of age, including in the framework of the information pool on human trafficking.

The Committee notes the Government’s indication that, according to the General Police Department, no cases of children and girls trafficked were registered between 2016 and May 2018. The Committee takes note of the Joint Staff Working Document of the European Commission on the European Union Special Incentive Arrangement for Sustainable Development and Good Governance assessment of Mongolia covering the period 2016–17 (Document of the European Commission on Mongolia 2016–17), which indicates that the low number of convictions linked to child trafficking remains alarming. It further notes the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings’ indication, in its 2018 report on Mongolia, that traffickers are rarely prosecuted and that, according to the Criminal Case Chamber of the Supreme Court, prosecution rates of human trafficking cases are very low, owing to the reluctance of victims to cooperate with the investigation and a lack of capacity of police investigators to collect evidence to support investigation (paragraph 41). The Committee urges the Government to take all the necessary measures to ensure that thorough investigations and effective prosecutions of individuals who engage in the trafficking of children are carried out. It requests the Government to provide information in this respect, including statistical information on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed on perpetrators.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted the Government’s indication that it conducted regular operations to identify and register unsupervised children living in Ulaanbaatar city since 2012. It noted that 11 centres were contracted to provide rehabilitation to children in Ulaanbaatar. The Committee requested the Government to continue to provide information on the measures taken to remove children from the streets and to rehabilitate and socially integrate them, including the number of street children who have been received and rehabilitated by childcare centres.

The Committee notes the Government’s information that in the first half of 2018, 15 temporary shelters cared for more than 600 children. It notes that, in its report to the Committee on the Rights of the Child (CRC) of 2017, the Government indicates that one of the objectives of its Action Programme 2016–20 is to improve registration and protection of street children. In this framework, measures to identify street children, provide them with temporary shelter and other protective services are being developed. The Government indicates that, in May 2017, there were approximately 50 street children in the capital city (CRC/C/MNG/Q/5/Add.1, paragraph 71). The Committee notes that, according to the Document of the European Commission on Mongolia 2016–17, the increasing number of street children living in harsh conditions remains alarming. The Committee requests the Government to pursue its efforts to identify and protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard, particularly within the framework of the Action Programme 2016–20.

2. Children working in mines. The Committee previously noted that, according to UNICEF, children working in mines often handle explosives, transport heavy materials, stand in water for prolonged periods, work in extreme climate conditions, risk falling into open pits, and are exposed to toxic chemicals. It requested the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.

The Committee notes the Government’s indication that according to a study on the employment of children in small-scale mines, 1,498 employed children were identified in 2016. The Committee notes the Government’s indication, in its report to the CRC of 2017, that the list of jobs prohibited for minors under 18 years of age, which was revised and approved by Decree A/36 in 2016, includes work in artisanal mining area. The Government also states that training and awareness-raising campaigns on the prohibition of child labour were organized by the Authority on Family, Child and Youth Development, with support from the Sustainable Artisanal Mining project of the Swiss Development Agency and the ILO (CRC/C/MNG/Q/5/Add.1, paragraphs 23 and 24). The Committee takes note of the information in the 17th Human Rights and Freedoms in Mongolia Status Report, issued in 2018 by the National Human Rights Commission of Mongolia, pursuant to which artisanal mining is an alarming child labour issue. The Committee urges the Government to intensify its efforts to remove and rehabilitate children working in the mining sector. It requests the Government to provide information in this respect, and to supply a copy of the latest version of the revised list of jobs prohibited for minors under 18 years of age.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the sentence imposed for committing the crime involving a person under the legal age in prostitution is lower than when the crime is committed against other persons. The Government indicated that the Criminal Code was amended on 19 January 2012 and that, according to the new provisions, the penalty for involving minors into prostitution, among others, is now higher (51–100 amounts of minimum salary or incarceration for a term of more than three to six months under section 115.2) than those involving other persons (20–50 amounts of minimum salary, 100–250 hours of labour or incarceration of one to three months). The Committee asked the Government how those provisions are applied in practice.

The Committee notes the Government’s statement in its report that information on the number of prosecutions, convictions and penalties imposed on crimes related to child prostitution is quite limited in Mongolia. The Government also indicates that the Ministry of Justice had worked with the ILO–IPEC in amending the Criminal Code to include a provision incriminating the use, procurement and offer of a child for prostitution. The draft Criminal Code is now under review by the Parliament. The Committee further notes 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 (the UCW report 2015), girls are trafficked internally and subjected to forced commercial exploitation, including in bars, hotels, saunas, massage parlours and karaoke clubs (panel 4, page 21). The Committee therefore requests the Government to provide information concerning the application in practice of the provisions of the Criminal Code incriminating the involvement of minors in prostitution, including the number of prosecutions and convictions and the specific penalties imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminded the Government in this respect that Article 3(b) of the Convention defining the worst forms of child labour applies to the use, procuring or offering of a child under the age of 18. The Committee noted the Government’s reference to the Law on Education and the Law on the Fight against Pornography, which were both amended on 19 January 2012. The Committee notes that specific provisions of these Laws impose aggravated penalties on the respective crimes that involve “persons under the legal age” in the Law on Education, and when they involve “minors” in the Law on the Fight against Pornography. Nevertheless, as the terms “persons under the legal age” and “minors” were not defined in the legislative excerpts available, it was not possible to determine whether children over the age of 16 years are included.

The Committee notes the Government’s reference to the links of the laws online. The Committee notes however that those laws are in Mongol. The Committee also notes the Government’s statement that amendments to the Mongolian Law on the Fight against Pornography will incorporate in detail the provisions of Articles 2 and 4 of the Optional Protocol of the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee therefore requests the Government to indicate clearly the definition of the terms “persons under the legal age” and “minors” as used within the context of the Law on Education and the Law on the Fight against Pornography. The Committee once again requests the Government to transmit copies of both Laws in English. It finally requests the Government to provide information on the amendments made to the Law on the Fight against Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide definition of its terms “persons under the legal age” and “minors” within the context of section 192.3.2 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances. Noting the absence of reply on this point, the Committee accordingly once again requests the Government to indicate the definition of “persons under the legal age” and “minors” as used within the context of criminal liability under sections 192.3.2 and 56.1.3 of the Criminal Code.

Article 7(1). Penalties and court decisions. In its previous comments, the Committee expressed concern over the low number of convictions for trafficking of children and noted the comments of the Committee on the Elimination of the Discrimination Against Women, which expressed concern about the increasing incidence of trafficking and exploitation of women and girls, the low rate of prosecutions, and the high number of dismissed trafficking cases.

The Committee notes the Government’s indication that the information on human trafficking cases available rarely specify whether the victims are women or children. The Government indicates that, in 2013, it received 12 human trafficking cases, including one case involving a child victim. In 2014, out of 15 cases of human trafficking, ten were transferred to the court and five are under investigation. The Government further reports that it is in the process of creating a single information pool on human trafficking crimes. The Committee recalls that, by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee, therefore, requests the Government to intensify its efforts to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied, in cases involving a victim under 18 years of age, including in the framework of the information pool on human trafficking.

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 Special Rapporteur on extreme poverty reported that 19 per cent of children in rural areas drop out of school before completing year 8. The Committee notes the Government’s indication that the NAC sent official recommendations to take action to mayors of the provinces with the highest number of school drop-outs. The Government also indicates that, in 2014, the Children and Family Development divisions in rural areas collaborated with the Ministry of Labour to support families to obtain employment and to enable them to send their children to school instead of working. The Committee notes the Government’s indication that a study on children who are not in schools was conducted based on information from the Lifelong Education Centre and the Social Welfare Centre. The Committee notes however that, estimates from UNESCO outline that there was 10,799 out-of-school children in 2013. The Committee further notes that, according to the UCW report 2015, the share of out-of-school children is especially high in rural areas in Mongolia where the percentage of out-of-school rural children aged 10–14 years of age is five times that of urban children (paragraph 50). The Committee requests 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. It also requests the Government to provide a copy of the above-mentioned study on out-of-school children. Lastly, it also requests the government to provide information on the progress made in the process of the adoption of the amended Criminal Code.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee expressed concern over the increasing number of street children living in very harsh conditions.

The Committee notes the Government’s indication that it conducted regular operations to identify and register unsupervised children living in Ulaanbaatar city since 2012. The Government mentions that the Ulaanbaatar City Children and Family Development Department, in cooperation with the Ulaanbaatar Police, childcare organizations and civil society organizations provided a range of service to children identified as unsupervised (65 in 2012 and 57 in 2013). Within the framework of these actions, 11 childcare centres were contracted to provide rehabilitation to children. The Government also indicates that the Children and Family Development Centres (newly established in the nine districts of Ulaabaatar) are responsible for receiving and servicing unsupervised children. Taking note of this information, the Committee requests the Government to continue to provide information on the measures taken to remove children from the streets and to rehabilitate and socially integrate them. The Committee also requests the Government to provide information on the number of street children who have been received and rehabilitated by the Children and Family Development Centres and other childcare centres.

2. Children working in mines. The Committee previously took note of the national programmes and policies that aimed to remove children working in the mining sector and rehabilitate them.

The Committee notes that the Government’s report does not provide any information on this issue. The Committee also notes that, in the UNICEF Analysis of the situation of children in Mongolia (2014), often children working in mining handle explosives, transport heavy materials, stand in water for prolonged periods, work in extreme climate conditions, risk falling into open pits, and are exposed to toxic chemicals (page 58). The Committee again requests the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.

The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation and practice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to support the Generalized Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. 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. The Committee further noted the Government’s indication that the Law on National Naadam Festival has been amended to include new provisions to protect children, as well as its reference to the Mongolian National Standard (MNS 6264:2011) which sets out strict requirements on protective clothing for child jockeys. The Committee noted, however, the findings of the UN Special Rapporteur on extreme poverty which outlined reports regarding the continuing injuries and fatalities arising from the practice of using child jockeys. The Committee further noted the 12th Report on Human Rights and Freedoms in Mongolia by the National Human Rights Commission (2013), which found that despite the progress in regulating the use of protective clothing in MNS 6264:2011, the implementation of the standard is not effective; no action has been taken to protect the rights of child jockeys and the penalties contained in the regulations are inadequate.

The Committee notes the Government’s reference in its report to its fifth National Periodic Report to the Committee on the Rights of the Child according to which, around 10,000 children are used as child jockeys every year during the summer holidays. The Government states that 0.04 per cent of those children were reported to have been seriously or severely injured and provided with medical assistance. The Government also indicates that a child learns how to ride a horse at the age of 8 on average. With reference to the 2014 National Social Indicator Survey, the Government mentions that 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). The majority of child jockeys come from low-income families. Furthermore, half of the child jockeys interviewed reported to carry out bareback riding on their last race and 3 per cent were injured. It is common among child jockeys aged 10 to 15 to bareback ride (60 per cent). The Committee further notes the Government’s indication that, during the Naadam Festival in 2015, the Heads of Agencies for Special Protection (AIS) of Aimags and the capital city were instructed to ensure the respect of the standards safety equipment of child jockeys participating in the horse race. The Government indicates that, after public consultations, the authorities agreed to increase the age limit step by step. The Ministry of Population Development and Social Protection has proposed to the Parliament to increase the legal age from 7 to 9 years under the Law on National Nadaam Festival. The Government further reports that 59 per cent of child jockeys were covered by an accident insurance. In 2013, the National Authority for Children (NAC) authorized the Recommendation on improving the insurance services of Horse Race Jockey Children of 23 June 2013.

The Committee notes that the NAC further conducted several activities in the framework of the implementation of the National Programme on the Elimination of the Worst Forms of Child Labour (NAP-WFCL), including the organization of a meeting with the lawyers’ association on banning winter horse races, monitoring and evaluation of the races on-site and giving instructions to rural horse race organizers. In 2015, the NAC also issued and submitted to the Parliament and the National Human Rights Institution, the Rules and Regulations on providing the safety of child jockeys during the horse races. It also conducted studies on the current situation of child jockeys and recommendations for a legislative Bill. The Government indicates that there have been no unannounced inspections yet. It also mentions that the access to a database on legal cases in Mongolia is quite limited and refers to one case of a severely injured 12-year-old boy against the owner of the horse.

The Committee also notes that ILO–IPEC and UNICEF are currently finalizing research on this issue aimed at outlining the potential hazards and risks to the physical health and overall development of the child. The Committee further takes note that, according to the ILO–IPEC report on the Global Action Programme (GAP), the Ministry of Labour decided to review and, as appropriate, to revise the list of jobs and occupations to be prohibited for minors under 18, which was adopted in 2008. While taking due note of the measures taken by the Government, the Committee observes 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 (the UCW report 2015), 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 emphasizes that Article 3(d) of the Convention specifically prohibits hazardous work to children under 18 years of age and that the Government is committed to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency, under Article 1. The Committee also recalls that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. Recalling that horse racing is inherently dangerous to the health and safety of children, the Committee urges 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. However, where such work is performed by young persons between 16 and 18 years of age, the Committee requests the Government to ensure that the protective measures referred to above are strictly enforced and that unannounced inspections are carried out by the labour inspectorate to ensure that those children between 16 and 18 years of age who continue to work as child jockeys do not perform their work under circumstances that may be detrimental to their health and safety.

The Committee invites the Government to consider availing itself of technical assistance from the ILO to bring its legislation and pratice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to Support the Generalized Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1.  Use, procuring or offering of a child for prostitution. The Committee recalls its previous comments which noted possible discrepancies between the penalties imposed under sections 115 and 124 of the Criminal Code which concern the involvement of children under 18 years of age in prostitution. The Committee noted that the sentence imposed for committing the crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee notes the Government’s indication in its latest report that the Criminal Code was amended on 19 January 2012 and that, according to the new provisions contained in the Government’s report, the penalty for involving minors into prostitution, among others, is now higher (51–100 amounts of minimum salary or incarceration for a term of more than three to six months under section 115.2) than those involving other persons (20–50 amounts of minimum salary, 100–250 hours of labour or incarceration of one to three months). The Committee welcomes the amended provisions of the Criminal Code and requests the Government to provide information in its next report concerning their application in practice, including the number of prosecutions and convictions and the specific penalties imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminded the Government in this respect that Article 3(b) of the Convention defining the worst forms of child labour applies to the use, procuring or offering of a child under the age of 18.

The Committee notes the Government’s reference in its latest report to the Law on Education and the Law on the Fight against Pornography, which were both amended on 19 January 2012. The Committee notes that the specific provisions of these Laws, as reproduced in the Government’s report, impose aggravated penalties on the respective crimes that involve “persons under the legal age” in the Law on Education, and when they involve “minors” in the Law on the Fight Against Pornography. Nevertheless, as the terms “persons under the legal age” and “minors” are not defined in the legislative excerpts that are available, it is not possible to determine whether children over the age of 16 years are included. The Committee requests the Government to indicate the definition of the terms “persons under the legal age” and “minors” as used within the context of the Law on Education and the Law on the Fight against Pornography. Furthermore, noting that these complete texts, as amended, have not been made available, the Committee requests the Government to transmit copies of both Laws in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide definition of its terms “persons under the legal age” and “minors” within the context of section 192.3.2 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances. The Committee notes that the Government’s report fails to provide these definitions but rather cites the Civil Code of Mongolia, which distinguishes the degree of civil legal competency by age, including terms, such as “partial civil legal capability” for children aged 14 to 18 years, which are not reproduced in the Criminal Code. The Committee is accordingly bound to request, again, that the Government indicate the definition of “persons under the legal age” and “minors” as used within the context of criminal liability under sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. Horse jockeys. The Committee recalls its previous comment which noted that, under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age. The Committee expressed its concern at the continued use of children under 18 years of age in horse racing. It considered that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. It further noted the Government’s indication that, pursuant to a cooperative project between the ILO–IPEC and the National Board for Children (NBC), the NBC was drawing up the standards for protective clothing to ensure the children’s safety.

The Committee welcomes the Government’s indication that the Law on National Naadam Festival has been amended to include new provisions to protect children, as well as its reference to the Mongolian National Standard MNS 6264:2011 which sets out strict requirements on protective clothing for child jockey and horse tools, including requirements on helmets, eyeglasses, knee and arm pads, boots and horse tack. The Committee notes the Government’s indication that training has been carried out in 21 provinces on the implementation of these standards, and that the Horse Federation of Mongolian Horse Racing Sport and Trainers has signed a memorandum of understanding of cooperation and has taken a number of steps to advocate and raise awareness concerning the standards.

While noting this information, the Committee notes the findings of the UN Special Rapporteur of 30 May 2013 (A/HRC/23/36/Add.2, paragraph 38) which observed reports regarding the continuing injuries and fatalities arising from the practice of using child jockeys, as well as its request that the Government take immediate measures to ensure the protection of these children. The Committee further notes the 12th Report on Human Rights and Freedoms in Mongolia by the National Human Rights Commission (2013), which finds that despite the progress in regulating the use of protective clothing in MNS 6264:2011, the implementation of the standard is not effective; no action has been taken to protect the rights of child jockeys; the penalties contained in the regulations are inadequate; and that, pursuant to a 2010 survey conducted by the National Authority for Children, there were incidents of children aged five to seven years competing in horse racing. Recalling that horse racing is inherently dangerous to the health and safety of children, the Committee requests the Government to take progressive measures to ensure that no child under 18 years of age is employed as a horse jockey. Furthermore, the Committee again asks the Government how it ensures that the protective measures referred to above are strictly enforced and that unannounced inspections are carried out by the labour inspectorate to ensure that those children under 18 years of age who continue to work as child jockeys do not perform their work under circumstances that may be detrimental to their health and safety.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide updated information concerning national programmes to combat the worst forms of child labour. The Committee notes the Government’s reply, which makes reference to the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour, which the Government indicates will be implemented in two phases: Phase I (2012–13) and Phase II (2014–16). The Government indicates that, to implement the National Programme, a working group consisting of representatives of the Ministry of Population Development and Social Protection and the Ministry of Labour are working to restructure and amend the action plan. The Government further indicates that a survey is being conducted under the National Programme that will provide information concerning the changes that have occurred in child economic activities and working conditions. The Committee welcomes the Government’s efforts to effectively implement its National Programme for the Elimination of Child Labour and requests the Government to submit any results achieved in Phase I (2012–13) or thus far in Phase II (2014–16) in its next report. The Committee also requests the Government to submit the results of the survey concerning child economic activities and work conditions that were referenced in the Government’s report.

Article 7(1) and Part III of the report form. Penalties and court decisions. In previous comments, the Committee expressed concern over the low number of convictions for trafficking of children and noted the comments of the Committee on the Elimination of the Discrimination Against Women, which expressed concern about the increasing incidence of trafficking and exploitation of women and girls, the low rate of prosecutions, and the high number of dismissed trafficking cases. Noting the absence of a reply to this point, the Committee again requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee expressed concern over the increasing number of street children living in very harsh conditions and requested the Government to provide information concerning the number of street children removed from the streets pursuant to the implementation of programmes and projects. In its report, the Government refers to the Law on Police Officials, as amended on 5 July 2013, which criminalizes the failure to raise children and requires police officers to keep records and to launch a new database in this respect. The Government also indicates that special investigators have been appointed to deal only in crimes related to children. The Committee requests the Government to continue to provide information on measures taken to remove children from the streets and to furnish detailed information in its next report concerning the number of children who have been removed from the streets pursuant to those measures. The Committee further requests the Government to provide updated information concerning the new database referred to in the Law on Police Officials, including the type of information obtained and its practical application.

2. Children working in mines. The Committee recalls its previous comment which took note of the national programmes and policies that aimed to remove children working in the mining sector and rehabilitate them. Noting the absence of new information on this point, the Committee again requests the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted in the Government’s report that section 115 of the Criminal Code criminalizes the act of involving persons “under legal age” in prostitution and that the sentences are stiffer when done by a parent, guardian, custodian or pedagogue or if done repeatedly, by using violence or threats. (In 2005–06, two people were convicted under this provision.) Furthermore, the Committee noted that, by virtue of section 124, it is illegal to induce others to engage in prostitution. The Committee noted, however, that the sentence imposed upon committing this crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee requests the Government to indicate the difference in interpretation and application between sections 115 and 124 of the Criminal Code and, if they apply to the same type of crime, requests the Government to amend its legislation such that, when the crime is committed against children under 18 years of age, the sentence is at least as stiff as for when the crime is committed against other persons.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, by virtue of sections 122 and 123 of the Criminal Code, it is an offence to press a child into pornography. It requested the Government to indicate whether the Law on Combating Pornography prohibits the use of a child under 18 years of age for the production of pornography and for pornographic performances and to provide a copy of this law. The Committee noted that the section 2.1 of the resolution of the Supreme Court of Mongolia, on the interpretation of section 113 of the Criminal Code, indicates that trafficking for the purpose of involving a person in pornography is prohibited under this section. The Committee also noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminded the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography and for pornographic performances. The Committee also once again requests the Government to provide a copy of the Law on Combating Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested 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. In this respect, the Committee noted that sections 192.1 and 192.2 prohibit the “illegal preparation, acquisition, transportation, delivery and distribution” of narcotic drugs and psychotropic substances and that section 192.3.2 imposes stiffer penalties when these crimes are committed involving a minor. The Committee further noted that, by virtue of section 56.1.3, when imposing a penalty, the court shall recognize as an aggravating circumstance (and should impose a stiffer penalty), the act of instigating or involving persons under the legal age into committing a crime or causing the commission of a crime. The Committee requests the Government to indicate the definition of “minor” and “legal age” as used in sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. Horse jockeys. The Committee 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 40–50 celebrations occur each year, and on each occasion 2,000 child jockeys (aged 6–16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children.

The Committee noted in the Government’s report that, in recent years, gambling on children’s horse racing has increased but that the Government pays due attention to improving the protection of jockeys and monitoring the appropriate criteria for racehorse trainers. Under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age and this provision, as well as other relevant regulations, is stipulated in a circular during the period of the festival. Measures to improve the regulations are being taken. The Committee further noted that in 2006 the ILO–IPEC, in conjunction with the National Board for Children (NBC), organized a forum in this regard, in which various issues and difficulties were discussed by participants, following which recommendations were related to public organizations and NGOs responsible for children’s rights, as well as racehorse trainers. In order to implement some of the forum’s recommendations, the NBC is drawing up the standards for protective clothing to ensure the children’s safety, with financial support from ILO–IPEC.

The Committee further noted that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the hazardous situation of children increasingly involved and exploited in traditional horse racing, which has undergone considerable changes from traditional sports to profitable businesses with child-abusive and exploitative features. In particular, it is concerned, that children, sometimes as young as 8 years old, are involved and that such involvement can generate serious injuries, even fatalities” (CRC/C/15/Add.254, 21 September 2005, paragraph 60).

The Committee expressed its concern at the continued use of children under 18 years of age in horse racing. It considered that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. The Committee took note of the information provided by the Government and welcomed the adoption of measures aimed at protecting the health and safety of child jockeys. Nevertheless, it considers that horse racing is inherently dangerous to the health and safety of children and consequently requests the Government to take the necessary measures to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. In this respect, the Committee requests the Government to ensure that the protective measures that are in place and which are aimed at protecting the health and safety of child jockeys under 18 years of age are strictly enforced. Furthermore, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 6. Programmes of action. The Committee noted in the Government’s report that the National Programme of Action for the Development and Protection of Children (National Programme of Action) is being carried out in three stages during the 2002–10 period. It consists of 18 objectives, the 13th of which is “Intensify activity to eliminate worst forms of child labour” that calls for the following actions:

• – renewing the list of work and employment types prohibited to minors and raising public awareness of this list;
• – expanding training and public awareness regarding international conventions and facts about of child labour;
• – conducting national surveys on the situation of child labour;
• – expanding action in support of family livelihoods;
• – eliminating the worst forms of child labour, in part by increasing community and individual participation in the monitoring and reporting of the worst forms of child labour to state bodies; and
• – immediately taking urgent measures to eliminate child labour in the informal mining sector.

The Committee requests the Government to continue providing information on the implementation of the National Programme of Action, or any other similar programmes, and its impact in eliminating the worst forms of child labour.

Article 7(1) and Part III of the report form. Penalties and court decisions. The Committee noted the information in the Global Report on Trafficking in Persons, issued by United Nations Office on Drugs and Crime (“Trafficking Report”) on 12 February 2009, that the number of persons investigated under the “sale and purchase of humans” in 2005 was four, in 2006 was nine, and in 2007 was 16. The Trafficking Report also indicates that, of the 105 presumed victims of trafficking identified in 2007, 12 were children. The Committee further noted the Government’s indication that, in 2007, three persons were convicted and sentenced for this offence. However, the Committee noted that the Committee on the Elimination of the Discrimination Against Women (CEDAW), in its comments of 7 November 2008, expressed concern about the increasing incidence of trafficking and exploitation of women and girls and the low rate of prosecutions. Furthermore, the CEDAW expressed particular concern that most cases of trafficking in persons are dismissed (CEDAW/C/MNG/CO/7, paragraph 27). The Committee expresses its concern at the relatively low rate of convictions, and urges the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted. In this regard, the Committee requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee noted in the Government’s report that Phase II of the ILO–IPEC programme “Support to the proposed national subprogramme to eliminate the worst forms of child labour: Time-bound measures in Mongolia” implemented the Adolescents’ Development Centre of Mongolia, which assists children affected by commercial sexual exploitation as well as children at risk in Ulan Bator’s Bayanzurkh and Chingeltei districts. A total of 46 children involved in prostitution and 223 girls at risk were covered by the programme and, as a result, 60 children underwent remedial education, 95 were given professional training and 54 re-entered the general educational schools. Additionally, 22 children were mediated to safe labour and 124 families were provided with necessary assistance. The programme has also resulted in the creation of a national network of Girls’ Development Centres, whose purpose is preventing children from sexual exploitation and human trafficking.

Another ILO–IPEC project, in conjunction with the “Future Generation’s Development Centre” NGO – the supporting organization for the international network against child sexual exploitation (ECPAT) – commenced running activities including:

• – changing the conception and position held by the State, by workers’, employers’ and other organizations on the issue of commercial sexual exploitation of children;
• – building capacity to prevent child prostitutes and children at risk from being affected by their work;
• – giving advice on this topic;
• – providing health services; and
• – providing vocational and professional training.

As a result of this project, 390 children at risk were prevented from entering prostitution and 120 girls in prostitution were helped to recover from their ordeal. The Committee requests the Government to continue providing information on the number of children removed from the worst forms of child labour, in particular prostitution, and rehabilitated pursuant to the implementation of the ILO–IPEC programmes and projects.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee requested the Government to supply information on the number of children targeted and the impact of activities conducted to protect street children and children from vulnerable social groups from the worst forms of child labour. The Committee noted in the Government’s report that, in 2006, 1,128 children aged 3–16 years of age, and 1,067 in 2007, were brought to Children’s Welfare Centres of the Ulan Bator Police Department. As of 2007, 1,450 children are living at more than 40 such centres in the capital. Of these children, 72, 58 and 50 were registered as homeless in 2005, 2006 and 2007, respectively. A research report prepared by the National Commission of Human Rights found 99 children who spent their nights in building entrances, tunnels and supermarkets. The “Project for the Protection of Children from Violation and Exploitation” implemented in 2002–06 by UNICEF, in collaboration with the National Board for Children, established an information network on street children and provided social services such as education and health care.

Finally, the Committee noted that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the increasing number of street children living in very harsh conditions and that the causes leading to this phenomenon are often abusive family situations” (CRC/C/15/Add.254, 21 September 2005, paragraph 62). The Committee must express its concern over the situation of street children in Mongolia and requests the Government to provide information on the number of street children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

2. Children working in mines. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that children under 18 years of age do not work in underground mines in conformity with section 1 of Appendix 2 to Order A/204 of 1999 establishing the list of types of work prohibited to women and minors and to provide information on any progress made in this regard.

The Committee noted in the Government’s report that, during the 2005 World Day against Child Labour, the Government and employers’ and trade union organizations signed the “Eliminate Child Labour in the Mining Sector” appeal (the appeal), which was implemented from 2006 to 2008. Within this appeal, 27 actions were undertaken comprised of nine basic objectives including: updating the legal system; improving the information, cooperation, organization, social security and labour safety for such children; raising both children’s and miners’ awareness; providing basic services such as education and health care to the children; and developing a social partnership with the mining sector. Three separate projects are assisting in the implementation of the appeal: (i) the Swiss Agency for Development and Cooperation’s (SADC) “Sustainable Micro Mining” project; (ii) the ILO–IPEC and Mongolian Employers’ Federation “Role and participation of employers in eliminating child labour at the mining sector” project; and (iii) the UNPF’s “social and economic situation of gold miners” project. The Committee noted that 208 children working in the mining sector and 110 children at risk in the Bornuur, Sumber, Jargalant and Zaamar soums were covered by the ILO–IPEC project. In the Bayangol soum and the Selenge aimag, 256 children were re-educated, 65 received professional training and 69 re-entered general education schools. In Phase III, the project will be implemented in the Tuv, Bayankhongor, Dornod, Dornogobi and Uvurkhangai aimags. Another project, the “citizens are employed informally in the mining sector”, organized jointly by the Ministry of Social Welfare and Labour and the SADC, will cover 12 aimags and one district in two stages and was planned to start in April 2008. So far, 10,290 people, of which 107 are children, have been registered in the project; at least 4,035 children have been prevented from entering employment and measures are being taken to keep about 2,945 from re-entering the mining sector. The Committee requests the Government to provide information on the impact of these projects, and any other similar projects, in removing children working in the mining sector and rehabilitating them.

3. Children from impoverished families. The Committee noted in the Government’s report that, by virtue of the Social Welfare Law and the Employment Promotion Law, as well as various programmes, children from poor and very poor families are offered financial assistance for education and health services or professional training and orientation. The objective of these measures is to prevent vulnerable children from reverting to child labour or of becoming homeless, which in turn puts them at greater risk of being involved in the worst forms of child labour. The Committee requests the Government to supply a copy of the Social Welfare Law and the Employment Promotion Law. It also requests the Government to continue providing information on any programmes, such as the abovementioned ones, in assisting children from poor families from being involved in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted the information in the Government’s report that, in 2005, the ILO–IPEC “Gender Equality Centre” programme and the Population Training and Research Centre of the National University of Mongolia surveyed about 34,400 persons working in various service sectors in Ulan Bator and near the border points of other aimags: hotels (44 per cent); saunas and massage parlours (60 per cent); and bars and night clubs (31.2 per cent). About 81.2 per cent of the respondents were women, of whom 198 were under 18 years of age. About one third revealed that they had been asked by clients to render sexual services. Ninety-one were prostitutes, with an average age of 19.4 years, and some as young as 14. Roughly 60 per cent of these girls started working before the age of 18. The Committee also noted the information in the Government’s report that, in relation to resolution No. 48 of the Court of Chingeltei district, two persons were convicted for the commercial sexual exploitation of a minor. In addition, the Committee noted that, in its concluding observations, the CRC expressed deep concern “at the increasing number of children engaged in prostitution” (CRC/C/15/Add.254, 21 September 2005, paragraph 64). The Committee expresses its concern about the engagement of children under 18 as prostitutes, and requests the Government to redouble its efforts to address this problem. Furthermore, the Committee requests the Government to provide information on the relevant measures taken. Finally, the Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes in the Government’s report that section 115 of the Criminal Code criminalizes the act of involving persons “under legal age” in prostitution and that the sentences are stiffer when done by a parent, guardian, custodian or pedagogue or if done repeatedly, by using violence or threats. (In 2005–06, two people were convicted under this provision.) Furthermore, the Committee notes that, by virtue of section 124, it is illegal to induce others to engage in prostitution. The Committee notes, however, that the sentence imposed upon committing this crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee requests the Government to indicate the difference in interpretation and application between sections 115 and 124 of the Criminal Code and, if they apply to the same type of crime, requests the Government to amend its legislation such that, when the crime is committed against children under 18 years of age, the sentence is at least as stiff as for when the crime is committed against other persons.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, by virtue of sections 122 and 123 of the Criminal Code, it is an offence to press a child into pornography. It requested the Government to indicate whether the Law on Combating Pornography prohibits the use of a child under 18 years of age for the production of pornography and for pornographic performances and to provide a copy of this law. The Committee notes that the section 2.1 of the resolution of the Supreme Court of Mongolia, on the interpretation of section 113 of the Criminal Code, indicates that trafficking for the purpose of involving a person in pornography is prohibited under this section. The Committee also notes that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography and for pornographic performances. The Committee also once again requests the Government to provide a copy of the Law on Combating Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested 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. In this respect, the Committee notes that sections 192.1 and 192.2 prohibit the “illegal preparation, acquisition, transportation, delivery and distribution” of narcotic drugs and psychotropic substances and that section 192.3.2 imposes stiffer penalties when these crimes are committed involving a minor. The Committee further notes that, by virtue of section 56.1.3, when imposing a penalty, the court shall recognize as an aggravating circumstance (and should impose a stiffer penalty), the act of instigating or involving persons under the legal age into committing a crime or causing the commission of a crime. The Committee requests the Government to indicate the definition of “minor” and “legal age” as used in sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. 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 40–50 celebrations occur each year, and on each occasion 2,000 child jockeys (aged 6–16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children.

The Committee notes in the Government’s report that, in recent years, gambling on children’s horse racing has increased but that the Government pays due attention to improving the protection of jockeys and monitoring the appropriate criteria for racehorse trainers. Under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age and this provision, as well as other relevant regulations, is stipulated in a circular during the period of the festival. Measures to improve the regulations are being taken. The Committee further notes that in 2006 the ILO–IPEC, in conjunction with the National Board for Children (NBC), organized a forum in this regard, in which various issues and difficulties were discussed by participants, following which recommendations were related to public organizations and NGOs responsible for children’s rights, as well as racehorse trainers. In order to implement some of the forum’s recommendations, the NBC is drawing up the standards for protective clothing to ensure the children’s safety, with financial support from ILO–IPEC.

The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the hazardous situation of children increasingly involved and exploited in traditional horse racing, which has undergone considerable changes from traditional sports to profitable businesses with child-abusive and exploitative features. In particular, it is concerned, that children, sometimes as young as 8 years old, are involved and that such involvement can generate serious injuries, even fatalities” (CRC/C/15/Add.254, 21 September 2005, paragraph 60).

The Committee must express its concern at the continued use of children under 18 years of age in horse racing. It considers that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. The Committee takes note of the information provided by the Government and welcomes the adoption of measures aimed at protecting the health and safety of child jockeys. Nevertheless, it considers that horse racing is inherently dangerous to the health and safety of children and consequently requests the Government to take the necessary measures to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. In this respect, the Committee requests the Government to ensure that the protective measures that are in place and which are aimed at protecting the health and safety of child jockeys under 18 years of age are strictly enforced. Furthermore, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 6. Programmes of action. The Committee notes in the Government’s report that the National Programme of Action for the Development and Protection of Children (National Programme of Action) is being carried out in three stages during the 2002–10 period. It consists of 18 objectives, the 13th of which is “Intensify activity to eliminate worst forms of child labour” that calls for the following actions:

• – renewing the list of work and employment types prohibited to minors and raising public awareness of this list;
• – expanding training and public awareness regarding international conventions and facts about of child labour;
• – conducting national surveys on the situation of child labour;
• – expanding action in support of family livelihoods;
• – eliminating the worst forms of child labour, in part by increasing community and individual participation in the monitoring and reporting of the worst forms of child labour to state bodies; and
• – immediately taking urgent measures to eliminate child labour in the informal mining sector.

The Committee requests the Government to continue providing information on the implementation of the National Programme of Action, or any other similar programmes, and its impact in eliminating the worst forms of child labour.

Article 7(1) and Part III of the report form. Penalties and court decisions. The Committee notes the information in the Global Report on Trafficking in Persons, issued by United Nations Office on Drugs and Crime (“Trafficking Report”) on 12 February 2009, that the number of persons investigated under the “sale and purchase of humans” in 2005 was four, in 2006 was nine, and in 2007 was 16. The Trafficking Report also indicates that, of the 105 presumed victims of trafficking identified in 2007, 12 were children. The Committee further notes the Government’s indication that, in 2007, three persons were convicted and sentenced for this offence. However, the Committee notes that the Committee on the Elimination of the Discrimination Against Women (CEDAW), in its comments of 7 November 2008, expressed concern about the increasing incidence of trafficking and exploitation of women and girls and the low rate of prosecutions. Furthermore, the CEDAW expressed particular concern that most cases of trafficking in persons are dismissed (CEDAW/C/MNG/CO/7, paragraph 27). The Committee expresses its concern at the relatively low rate of convictions, and urges the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted. In this regard, the Committee requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes in the Government’s report that Phase II of the ILO–IPEC programme “Support to the proposed national subprogramme to eliminate the worst forms of child labour: Time-bound measures in Mongolia” implemented the Adolescents’ Development Centre of Mongolia, which assists children affected by commercial sexual exploitation as well as children at risk in Ulan Bator’s Bayanzurkh and Chingeltei districts. A total of 46 children involved in prostitution and 223 girls at risk were covered by the programme and, as a result, 60 children underwent remedial education, 95 were given professional training and 54 re-entered the general educational schools. Additionally, 22 children were mediated to safe labour and 124 families were provided with necessary assistance. The programme has also resulted in the creation of a national network of Girls’ Development Centres, whose purpose is preventing children from sexual exploitation and human trafficking.

Another ILO–IPEC project, in conjunction with the “Future Generation’s Development Centre” NGO – the supporting organization for the international network against child sexual exploitation (ECPAT) – commenced running activities including:

• – changing the conception and position held by the State, by workers’, employers’ and other organizations on the issue of commercial sexual exploitation of children;
• – building capacity to prevent child prostitutes and children at risk from being affected by their work;
• – giving advice on this topic;
• – providing health services; and
• – providing vocational and professional training.

As a result of this project, 390 children at risk were prevented from entering prostitution and 120 girls in prostitution were helped to recover from their ordeal. The Committee requests the Government to continue providing information on the number of children removed from the worst forms of child labour, in particular prostitution, and rehabilitated pursuant to the implementation of the ILO–IPEC programmes and projects.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee requested the Government to supply information on the number of children targeted and the impact of activities conducted to protect street children and children from vulnerable social groups from the worst forms of child labour. The Committee notes in the Government’s report that, in 2006, 1,128 children aged 3–16 years of age, and 1,067 in 2007, were brought to Children’s Welfare Centres of the Ulan Bator Police Department. As of 2007, 1,450 children are living at more than 40 such centres in the capital. Of these children, 72, 58 and 50 were registered as homeless in 2005, 2006 and 2007, respectively. A research report prepared by the National Commission of Human Rights found 99 children who spent their nights in building entrances, tunnels and supermarkets. The “Project for the Protection of Children from Violation and Exploitation” implemented in 2002–06 by UNICEF, in collaboration with the National Board for Children, established an information network on street children and provided social services such as education and health care.

Finally, the Committee notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the increasing number of street children living in very harsh conditions and that the causes leading to this phenomenon are often abusive family situations” (CRC/C/15/Add.254, 21 September 2005, paragraph 62). The Committee must express its concern over the situation of street children in Mongolia and requests the Government to provide information on the number of street children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

2. Children working in mines. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that children under 18 years of age do not work in underground mines in conformity with section 1 of Appendix 2 to Order A/204 of 1999 establishing the list of types of work prohibited to women and minors and to provide information on any progress made in this regard.

The Committee notes in the Government’s report that, during the 2005 World Day against Child Labour, the Government and employers’ and trade union organizations signed the “Eliminate Child Labour in the Mining Sector” appeal (the appeal), which was implemented from 2006 to 2008. Within this appeal, 27 actions were undertaken comprised of nine basic objectives including: updating the legal system; improving the information, cooperation, organization, social security and labour safety for such children; raising both children’s and miners’ awareness; providing basic services such as education and health care to the children; and developing a social partnership with the mining sector. Three separate projects are assisting in the implementation of the appeal: (i) the Swiss Agency for Development and Cooperation’s (SADC) “Sustainable Micro Mining” project; (ii) the ILO–IPEC and Mongolian Employers’ Federation “Role and participation of employers in eliminating child labour at the mining sector” project; and (iii) the UNPF’s “social and economic situation of gold miners” project. The Committee notes that 208 children working in the mining sector and 110 children at risk in the Bornuur, Sumber, Jargalant and Zaamar soums were covered by the ILO–IPEC project. In the Bayangol soum and the Selenge aimag, 256 children were re-educated, 65 received professional training and 69 re-entered general education schools. In Phase III, the project will be implemented in the Tuv, Bayankhongor, Dornod, Dornogobi and Uvurkhangai aimags. Another project, the “citizens are employed informally in the mining sector”, organized jointly by the Ministry of Social Welfare and Labour and the SADC, will cover 12 aimags and one district in two stages and was planned to start in April 2008. So far, 10,290 people, of which 107 are children, have been registered in the project; at least 4,035 children have been prevented from entering employment and measures are being taken to keep about 2,945 from re-entering the mining sector. The Committee requests the Government to provide information on the impact of these projects, and any other similar projects, in removing children working in the mining sector and rehabilitating them.

3. Children from impoverished families. The Committee notes in the Government’s report that, by virtue of the Social Welfare Law and the Employment Promotion Law, as well as various programmes, children from poor and very poor families are offered financial assistance for education and health services or professional training and orientation. The objective of these measures is to prevent vulnerable children from reverting to child labour or of becoming homeless, which in turn puts them at greater risk of being involved in the worst forms of child labour. The Committee requests the Government to supply a copy of the Social Welfare Law and the Employment Promotion Law. It also requests the Government to continue providing information on any programmes, such as the abovementioned ones, in assisting children from poor families from being involved in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report that, in 2005, the ILO–IPEC “Gender Equality Centre” programme and the Population Training and Research Centre of the National University of Mongolia surveyed about 34,400 persons working in various service sectors in Ulan Bator and near the border points of other aimags: hotels (44 per cent); saunas and massage parlours (60 per cent); and bars and night clubs (31.2 per cent). About 81.2 per cent of the respondents were women, of whom 198 were under 18 years of age. About one third revealed that they had been asked by clients to render sexual services. Ninety-one were prostitutes, with an average age of 19.4 years, and some as young as 14. Roughly 60 per cent of these girls started working before the age of 18. The Committee also notes the information in the Government’s report that, in relation to resolution No. 48 of the Court of Chingeltei district, two persons were convicted for the commercial sexual exploitation of a minor. In addition, the Committee notes that, in its concluding observations, the CRC expressed deep concern “at the increasing number of children engaged in prostitution” (CRC/C/15/Add.254, 21 September 2005, paragraph 64). The Committee expresses its concern about the engagement of children under 18 as prostitutes, and requests the Government to redouble its efforts to address this problem. Furthermore, the Committee requests the Government to provide information on the relevant measures taken. Finally, the Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee previously 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 asked the Government to indicate whether section 3 of that Law and section 7(4) of the Law on the Protection of the Rights of the Child prohibit the trafficking of children for labour exploitation. The Committee notes the Government’s indication that these provisions prohibit the employment of children abroad, but that recent amendments made to the Criminal Code of Mongolia (Criminal Code) focus more specifically on the issue of child trafficking. The Committee notes with interest that these amendments provide a clear definition of the offence of trafficking, and impose a stiffer sentence for the commission of this crime. Specifically, pursuant to section 3(a) of the amended Criminal Code, trafficking in persons is defined as transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, including abduction, fraud, deception, the abuse of power or abuse of a position of vulnerability or by giving payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Section 3(a) states that exploitation includes, at a minimum, exploitation for the purpose of prostitution or other forms of sexual exploitation, forced labour or services and slavery, or practices similar to slavery and servitude. The Committee further notes that the amended section 113 of the Criminal Code on trafficking, which replaces a previous provision on human selling and buying, prohibits the trafficking in persons for the purpose of exploitation. Finally, the Committee notes that this section imposes stiffer punishments upon the offender when the offence involves minors (section 133.2.1).

Forced or compulsory labour. In its previous comments, the Committee noted the Government’s indication that the Labour Code was amended in 2003 and the term “forced labour” therein defined, and requested the Government to provide a copy of the amended Labour Code. The Committee notes that section 7 of the amended Labour Code states that no one may be illegally forced to work, and that, by virtue of section 3.1.14 of the Labour Code, “forced labour” is defined as work or duty which is exacted from an employee under the menace of penalties for maintaining labour discipline, participating in strikes or expressing one’s views on political, economic and social structures or for the purpose of discriminating on the grounds of social origin, nationality and religion, and regardless of the existence of hazardous conditions for the employee’s life and health. Finally, the Committee notes that this provision is in addition to the prohibition in section 16(4) of the Constitution that states that no one may be unlawfully forced to work and the prohibition against illegally forcing children to work in section 121.1 of the Criminal Code that states that illegally forcing a child to labour shall be punishable by a fine equal to 51–250 amounts of minimum salary or imprisonment for a term of up to four years).

Clause (b). Use, procuring or offering of a child for prostitution. The Committee notes in the Government’s report that section 115 of the Criminal Code criminalizes the act of involving persons “under legal age” in prostitution and that the sentences are stiffer when done by a parent, guardian, custodian or pedagogue or if done repeatedly, by using violence or threats. (In 2005–06, two people were convicted under this provision.) Furthermore, the Committee notes that, by virtue of section 124, it is illegal to induce others to engage in prostitution. The Committee notes, however, that the sentence imposed upon committing this crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee requests the Government to indicate the difference in interpretation and application between sections 115 and 124 of the Criminal Code and, if they apply to the same type of crime, requests the Government to amend its legislation such that, when the crime is committed against children under 18 years of age, the sentence is at least as stiff as for when the crime is committed against other persons.

Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, by virtue of sections 122 and 123 of the Criminal Code, it is an offence to press a child into pornography. It requested the Government to indicate whether the Law on Combating Pornography prohibits the use of a child under 18 years of age for the production of pornography and for pornographic performances and to provide a copy of this law. The Committee notes that the section 2.1 of the resolution of the Supreme Court of Mongolia, on the interpretation of section 113 of the Criminal Code, indicates that trafficking for the purpose of involving a person in pornography is prohibited under this section. The Committee also notes that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography and for pornographic performances. The Committee also once again requests the Government to provide a copy of the Law on Combating Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested 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. In this respect, the Committee notes that sections 192.1 and 192.2 prohibit the “illegal preparation, acquisition, transportation, delivery and distribution” of narcotic drugs and psychotropic substances and that section 192.3.2 imposes stiffer penalties when these crimes are committed involving a minor. The Committee further notes that, by virtue of section 56.1.3, when imposing a penalty, the court shall recognize as an aggravating circumstance (and should impose a stiffer penalty), the act of instigating or involving persons under the legal age into committing a crime or causing the commission of a crime. The Committee requests the Government to indicate the definition of “minor” and “legal age” as used in sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. Self-employed children and children working in the informal sector. In its previous comments, the Committee 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 in any work which would negatively affect their intellectual development and health, or under abnormal working conditions. However, it 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 further 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 requested the Government to provide information on the measures taken to ensure that children working without an employment contract are protected against hazardous types of work.

The Committee notes with interest that, pursuant to Order No. 107 of the Minister of Labour of 26 September 2008, a list of types of prohibited work for minors was adopted. The Committee also notes the Government’s statement that this list was approved following consultation with workers’ and employers’ organizations. This list contains 39 jobs and services, seven labour conditions and 53 working positions in 11 economic sectors that are prohibited for minors, and intends to address child labour in both the formal and informal sectors.

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 40–50 celebrations occur each year, and on each occasion 2,000 child jockeys (aged 6–16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children.

The Committee notes in the Government’s report that, in recent years, gambling on children’s horse racing has increased but that the Government pays due attention to improving the protection of jockeys and monitoring the appropriate criteria for racehorse trainers. Under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age and this provision, as well as other relevant regulations, is stipulated in a circular during the period of the festival. Measures to improve the regulations are being taken. The Committee further notes that in 2006 the ILO–IPEC, in conjunction with the National Board for Children (NBC), organized a forum in this regard, in which various issues and difficulties were discussed by participants, following which recommendations were related to public organizations and NGOs responsible for children’s rights, as well as racehorse trainers. In order to implement some of the forum’s recommendations, the NBC is drawing up the standards for protective clothing to ensure the children’s safety, with financial support from ILO–IPEC.

The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the hazardous situation of children increasingly involved and exploited in traditional horse racing, which has undergone considerable changes from traditional sports to profitable businesses with child-abusive and exploitative features. In particular, it is concerned, that children, sometimes as young as 8 years old, are involved and that such involvement can generate serious injuries, even fatalities” (CRC/C/15/Add.254, 21 September 2005, paragraph 60).

The Committee must express its concern at the continued use of children under 18 years of age in horse racing. It considers that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. The Committee takes note of the information provided by the Government and welcomes the adoption of measures aimed at protecting the health and safety of child jockeys. Nevertheless, it considers that horse racing is inherently dangerous to the health and safety of children and consequently requests the Government to take the necessary measures to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. In this respect, the Committee requests the Government to ensure that the protective measures that are in place and which are aimed at protecting the health and safety of child jockeys under 18 years of age are strictly enforced. Furthermore, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 6. Programmes of action. The Committee notes in the Government’s report that the National Programme of Action for the Development and Protection of Children (National Programme of Action) is being carried out in three stages during the 2002–10 period. It consists of 18 objectives, the 13th of which is “Intensify activity to eliminate worst forms of child labour” that calls for the following actions:

• – renewing the list of work and employment types prohibited to minors and raising public awareness of this list;
• – expanding training and public awareness regarding international conventions and facts about of child labour;
• – conducting national surveys on the situation of child labour;
• – expanding action in support of family livelihoods;
• – eliminating the worst forms of child labour, in part by increasing community and individual participation in the monitoring and reporting of the worst forms of child labour to state bodies; and
• – immediately taking urgent measures to eliminate child labour in the informal mining sector.

The Committee requests the Government to continue providing information on the implementation of the National Programme of Action, or any other similar programmes, and its impact in eliminating the worst forms of child labour.

Article 7(1) and Part III of the report form. Penalties and court decisions. The Committee notes the information in the Global Report on Trafficking in Persons, issued by United Nations Office on Drugs and Crime (“Trafficking Report”) on 12 February 2009, that the number of persons investigated under the “sale and purchase of humans” in 2005 was four, in 2006 was nine, and in 2007 was 16. The Trafficking Report also indicates that, of the 105 presumed victims of trafficking identified in 2007, 12 were children. The Committee further notes the Government’s indication that, in 2007, three persons were convicted and sentenced for this offence. However, the Committee notes that the Committee on the Elimination of the Discrimination Against Women (CEDAW), in its comments of 7 November 2008, expressed concern about the increasing incidence of trafficking and exploitation of women and girls and the low rate of prosecutions. Furthermore, the CEDAW expressed particular concern that most cases of trafficking in persons are dismissed (CEDAW/C/MNG/CO/7, paragraph 27). The Committee expresses its concern at the relatively low rate of convictions, and urges the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted. In this regard, the Committee requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clauses (b) and (c). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes in the Government’s report that Phase II of the ILO–IPEC programme “Support to the proposed national subprogramme to eliminate the worst forms of child labour: Time-bound measures in Mongolia” implemented the Adolescents’ Development Centre of Mongolia, which assists children affected by commercial sexual exploitation as well as children at risk in Ulan Bator’s Bayanzurkh and Chingeltei districts. A total of 46 children involved in prostitution and 223 girls at risk were covered by the programme and, as a result, 60 children underwent remedial education, 95 were given professional training and 54 re-entered the general educational schools. Additionally, 22 children were mediated to safe labour and 124 families were provided with necessary assistance. The programme has also resulted in the creation of a national network of Girls’ Development Centres, whose purpose is preventing children from sexual exploitation and human trafficking.

Another ILO–IPEC project, in conjunction with the “Future Generation’s Development Centre” NGO – the supporting organization for the international network against child sexual exploitation (ECPAT) – commenced running activities including:

• – changing the conception and position held by the State, by workers’, employers’ and other organizations on the issue of commercial sexual exploitation of children;
• – building capacity to prevent child prostitutes and children at risk from being affected by their work;
• – giving advice on this topic;
• – providing health services; and
• – providing vocational and professional training.

As a result of this project, 390 children at risk were prevented from entering prostitution and 120 girls in prostitution were helped to recover from their ordeal. The Committee requests the Government to continue providing information on the number of children removed from the worst forms of child labour, in particular prostitution, and rehabilitated pursuant to the implementation of the ILO–IPEC programmes and projects.

Clause (d). Identifying and reaching out to children at special risk. Street children. In its previous comments, the Committee requested the Government to supply information on the number of children targeted and the impact of activities conducted to protect street children and children from vulnerable social groups from the worst forms of child labour. The Committee notes in the Government’s report that, in 2006, 1,128 children aged 3–16 years of age, and 1,067 in 2007, were brought to Children’s Welfare Centres of the Ulan Bator Police Department. As of 2007, 1,450 children are living at more than 40 such centres in the capital. Of these children, 72, 58 and 50 were registered as homeless in 2005, 2006 and 2007, respectively. A research report prepared by the National Commission of Human Rights found 99 children who spent their nights in building entrances, tunnels and supermarkets. The “Project for the Protection of Children from Violation and Exploitation” implemented in 2002–06 by UNICEF, in collaboration with the National Board for Children, established an information network on street children and provided social services such as education and health care.

Finally, the Committee notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the increasing number of street children living in very harsh conditions and that the causes leading to this phenomenon are often abusive family situations” (CRC/C/15/Add.254, 21 September 2005, paragraph 62). The Committee must express its concern over the situation of street children in Mongolia and requests the Government to provide information on the number of street children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

Children working in mines. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that children under 18 years of age do not work in underground mines in conformity with section 1 of Appendix 2 to Order A/204 of 1999 establishing the list of types of work prohibited to women and minors and to provide information on any progress made in this regard.

The Committee notes in the Government’s report that, during the 2005 World Day against Child Labour, the Government and employers’ and trade union organizations signed the “Eliminate Child Labour in the Mining Sector” appeal (the appeal), which was implemented from 2006 to 2008. Within this appeal, 27 actions were undertaken comprised of nine basic objectives including: updating the legal system; improving the information, cooperation, organization, social security and labour safety for such children; raising both children’s and miners’ awareness; providing basic services such as education and health care to the children; and developing a social partnership with the mining sector. Three separate projects are assisting in the implementation of the appeal: (i) the Swiss Agency for Development and Cooperation’s (SADC) “Sustainable Micro Mining” project; (ii) the ILO–IPEC and Mongolian Employers’ Federation “Role and participation of employers in eliminating child labour at the mining sector” project; and (iii) the UNPF’s “social and economic situation of gold miners” project. The Committee notes that 208 children working in the mining sector and 110 children at risk in the Bornuur, Sumber, Jargalant and Zaamar soums were covered by the ILO–IPEC project. In the Bayangol soum and the Selenge aimag, 256 children were re-educated, 65 received professional training and 69 re-entered general education schools. In Phase III, the project will be implemented in the Tuv, Bayankhongor, Dornod, Dornogobi and Uvurkhangai aimags. Another project, the “citizens are employed informally in the mining sector”, organized jointly by the Ministry of Social Welfare and Labour and the SADC, will cover 12 aimags and one district in two stages and was planned to start in April 2008. So far, 10,290 people, of which 107 are children, have been registered in the project; at least 4,035 children have been prevented from entering employment and measures are being taken to keep about 2,945 from re-entering the mining sector. The Committee requests the Government to provide information on the impact of these projects, and any other similar projects, in removing children working in the mining sector and rehabilitating them.

Children from impoverished families. The Committee notes in the Government’s report that, by virtue of the Social Welfare Law and the Employment Promotion Law, as well as various programmes, children from poor and very poor families are offered financial assistance for education and health services or professional training and orientation. The objective of these measures is to prevent vulnerable children from reverting to child labour or of becoming homeless, which in turn puts them at greater risk of being involved in the worst forms of child labour. The Committee requests the Government to supply a copy of the Social Welfare Law and the Employment Promotion Law. It also requests the Government to continue providing information on any programmes, such as the abovementioned ones, in assisting children from poor families from being involved in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report that, in 2005, the ILO–IPEC “Gender Equality Centre” programme and the Population Training and Research Centre of the National University of Mongolia surveyed about 34,400 persons working in various service sectors in Ulan Bator and near the border points of other aimags: hotels (44 per cent); saunas and massage parlours (60 per cent); and bars and night clubs (31.2 per cent). About 81.2 per cent of the respondents were women, of whom 198 were under 18 years of age. About one third revealed that they had been asked by clients to render sexual services. Ninety-one were prostitutes, with an average age of 19.4 years, and some as young as 14. Roughly 60 per cent of these girls started working before the age of 18. The Committee also notes the information in the Government’s report that, in relation to resolution No. 48 of the Court of Chingeltei district, two persons were convicted for the commercial sexual exploitation of a minor. In addition, the Committee notes that, in its concluding observations, the CRC expressed deep concern “at the increasing number of children engaged in prostitution” (CRC/C/15/Add.254, 21 September 2005, paragraph 64). The Committee expresses its concern about the engagement of children under 18 as prostitutes, and requests the Government to redouble its efforts to address this problem. Furthermore, the Committee requests the Government to provide information on the relevant measures taken. Finally, the Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 
1. Sale and trafficking of children. The Committee previously 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 asked the Government to indicate whether section 3 of that Law and section 7(4) of the Law on the Protection of the Rights of the Child prohibit the trafficking of children for labour exploitation. The Committee notes the Government’s indication that these provisions prohibit the employment of children abroad, but that recent amendments made to the Criminal Code of Mongolia (Criminal Code) focus more specifically on the issue of child trafficking. The Committee notes with interest that these amendments provide a clear definition of the offence of trafficking, and impose a stiffer sentence for the commission of this crime. Specifically, pursuant to section 3(a) of the amended Criminal Code, trafficking in persons is defined as transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, including abduction, fraud, deception, the abuse of power or abuse of a position of vulnerability or by giving payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Section 3(a) states that exploitation includes, at a minimum, exploitation for the purpose of prostitution or other forms of sexual exploitation, forced labour or services and slavery, or practices similar to slavery and servitude. The Committee further notes that the amended section 113 of the Criminal Code on trafficking, which replaces a previous provision on human selling and buying, prohibits the trafficking in persons for the purpose of exploitation. Finally, the Committee notes that this section imposes stiffer punishments upon the offender when the offence involves minors (section 133.2.1).

2. Forced or compulsory labour. In its previous comments, the Committee noted the Government’s indication that the Labour Code was amended in 2003 and the term “forced labour” therein defined, and requested the Government to provide a copy of the amended Labour Code. The Committee notes that section 7 of the amended Labour Code states that no one may be illegally forced to work, and that, by virtue of section 3.1.14 of the Labour Code, “forced labour” is defined as work or duty which is exacted from an employee under the menace of penalties for maintaining labour discipline, participating in strikes or expressing one’s views on political, economic and social structures or for the purpose of discriminating on the grounds of social origin, nationality and religion, and regardless of the existence of hazardous conditions for the employee’s life and health. Finally, the Committee notes that this provision is in addition to the prohibition in section 16(4) of the Constitution that states that no one may be unlawfully forced to work and the prohibition against illegally forcing children to work in section 121.1 of the Criminal Code that states that illegally forcing a child to labour shall be punishable by a fine equal to 51–250 amounts of minimum salary or imprisonment for a term of up to four years).

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes in the Government’s report that section 115 of the Criminal Code criminalizes the act of involving persons “under legal age” in prostitution and that the sentences are stiffer when done by a parent, guardian, custodian or pedagogue or if done repeatedly, by using violence or threats. (In 2005–06, two people were convicted under this provision.) Furthermore, the Committee notes that, by virtue of section 124, it is illegal to induce others to engage in prostitution. The Committee notes, however, that the sentence imposed upon committing this crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee requests the Government to indicate the difference in interpretation and application between sections 115 and 124 of the Criminal Code and, if they apply to the same type of crime, requests the Government to amend its legislation such that, when the crime is committed against children under 18 years of age, the sentence is at least as stiff as for when the crime is committed against other persons.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, by virtue of sections 122 and 123 of the Criminal Code, it is an offence to press a child into pornography. It requested the Government to indicate whether the Law on Combating Pornography prohibits the use of a child under 18 years of age for the production of pornography and for pornographic performances and to provide a copy of this law. The Committee notes that the section 2.1 of the resolution of the Supreme Court of Mongolia, on the interpretation of section 113 of the Criminal Code, indicates that trafficking for the purpose of involving a person in pornography is prohibited under this section. The Committee also notes that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under the age of 18 for the production of pornography or for pornographic performances constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, it is under the obligation to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography and for pornographic performances. The Committee also once again requests the Government to provide a copy of the Law on Combating Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee requested 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. In this respect, the Committee notes that sections 192.1 and 192.2 prohibit the “illegal preparation, acquisition, transportation, delivery and distribution” of narcotic drugs and psychotropic substances and that section 192.3.2 imposes stiffer penalties when these crimes are committed involving a minor. The Committee further notes that, by virtue of section 56.1.3, when imposing a penalty, the court shall recognize as an aggravating circumstance (and should impose a stiffer penalty), the act of instigating or involving persons under the legal age into committing a crime or causing the commission of a crime. The Committee requests the Government to indicate the definition of “minor” and “legal age” as used in sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. 1. Self-employed children and children working in the informal sector. In its previous comments, the Committee 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 in any work which would negatively affect their intellectual development and health, or under abnormal working conditions. However, it 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 further 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 requested the Government to provide information on the measures taken to ensure that children working without an employment contract are protected against hazardous types of work.

The Committee notes with interest that, pursuant to Order No. 107 of the Minister of Labour of 26 September 2008, a list of types of prohibited work for minors was adopted. The Committee also notes the Government’s statement that this list was approved following consultation with workers’ and employers’ organizations. This list contains 39 jobs and services, seven labour conditions and 53 working positions in 11 economic sectors that are prohibited for minors, and intends to address child labour in both the formal and informal sectors.

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 40–50 celebrations occur each year, and on each occasion 2,000 child jockeys (aged 6–16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children.

The Committee notes in the Government’s report that, in recent years, gambling on children’s horse racing has increased but that the Government pays due attention to improving the protection of jockeys and monitoring the appropriate criteria for racehorse trainers. Under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age and this provision, as well as other relevant regulations, is stipulated in a circular during the period of the festival. Measures to improve the regulations are being taken. The Committee further notes that in 2006 the ILO–IPEC, in conjunction with the National Board for Children (NBC), organized a forum in this regard, in which various issues and difficulties were discussed by participants, following which recommendations were related to public organizations and NGOs responsible for children’s rights, as well as racehorse trainers. In order to implement some of the forum’s recommendations, the NBC is drawing up the standards for protective clothing to ensure the children’s safety, with financial support from ILO–IPEC.

The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the hazardous situation of children increasingly involved and exploited in traditional horse racing, which has undergone considerable changes from traditional sports to profitable businesses with child-abusive and exploitative features. In particular, it is concerned, that children, sometimes as young as 8 years old, are involved and that such involvement can generate serious injuries, even fatalities” (CRC/C/15/Add.254, 21 September 2005, paragraph 60).

The Committee must express its concern at the continued use of children under 18 years of age in horse racing. It considers that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. The Committee takes note of the information provided by the Government and welcomes the adoption of measures aimed at protecting the health and safety of child jockeys. Nevertheless, it considers that horse racing is inherently dangerous to the health and safety of children and consequently requests the Government to take the necessary measures to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. In this respect, the Committee requests the Government to ensure that the protective measures that are in place and which are aimed at protecting the health and safety of child jockeys under 18 years of age are strictly enforced. Furthermore, it urges the Government to ensure that unannounced inspections are carried out by the labour inspectorate to ensure that children under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 6. Programmes of action. The Committee notes in the Government’s report that the National Programme of Action for the Development and Protection of Children (National Programme of Action) is being carried out in three stages during the 2002–10 period. It consists of 18 objectives, the 13th of which is “Intensify activity to eliminate worst forms of child labour” that calls for the following actions:

–      renewing the list of work and employment types prohibited to minors and raising public awareness of this list;

–      expanding training and public awareness regarding international conventions and facts about of child labour;

–      conducting national surveys on the situation of child labour;

–      expanding action in support of family livelihoods;

–      eliminating the worst forms of child labour, in part by increasing community and individual participation in the monitoring and reporting of the worst forms of child labour to state bodies; and

–      immediately taking urgent measures to eliminate child labour in the informal mining sector.

The Committee requests the Government to continue providing information on the implementation of the National Programme of Action, or any other similar programmes, and its impact in eliminating the worst forms of child labour.

Article 7, paragraph 1, and Part III of the report form. Penalties and court decisions. The Committee notes the information in the Global Report on Trafficking in Persons, issued by United Nations Office on Drugs and Crime (“Trafficking Report”) on 12 February 2009, that the number of persons investigated under the “sale and purchase of humans” in 2005 was four, in 2006 was nine, and in 2007 was 16. The Trafficking Report also indicates that, of the 105 presumed victims of trafficking identified in 2007, 12 were children. The Committee further notes the Government’s indication that, in 2007, three persons were convicted and sentenced for this offence. However, the Committee notes that the Committee on the Elimination of the Discrimination Against Women (CEDAW), in its comments of 7 November 2008, expressed concern about the increasing incidence of trafficking and exploitation of women and girls and the low rate of prosecutions. Furthermore, the CEDAW expressed particular concern that most cases of trafficking in persons are dismissed (CEDAW/C/MNG/CO/7, paragraph 27). The Committee expresses its concern at the relatively low rate of convictions, and urges the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted. In this regard, the Committee requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clauses (b) and (c). Providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration and access to free basic education and vocational training for all children removed from the worst forms of child labour. The Committee notes in the Government’s report that Phase II of the ILO–IPEC programme “Support to the proposed national subprogramme to eliminate the worst forms of child labour: Time-bound measures in Mongolia” implemented the Adolescents’ Development Centre of Mongolia, which assists children affected by commercial sexual exploitation as well as children at risk in Ulan Bator’s Bayanzurkh and Chingeltei districts. A total of 46 children involved in prostitution and 223 girls at risk were covered by the programme and, as a result, 60 children underwent remedial education, 95 were given professional training and 54 re-entered the general educational schools. Additionally, 22 children were mediated to safe labour and 124 families were provided with necessary assistance. The programme has also resulted in the creation of a national network of Girls’ Development Centres, whose purpose is preventing children from sexual exploitation and human trafficking.

Another ILO–IPEC project, in conjunction with the “Future Generation’s Development Centre” NGO – the supporting organization for the international network against child sexual exploitation (ECPAT) – commenced running activities including:

–      changing the conception and position held by the State, by workers’, employers’ and other organizations on the issue of commercial sexual exploitation of children;

–      building capacity to prevent child prostitutes and children at risk from being affected by their work;

–      giving advice on this topic;

–      providing health services; and

–      providing vocational and professional training.

As a result of this project, 390 children at risk were prevented from entering prostitution and 120 girls in prostitution were helped to recover from their ordeal. The Committee requests the Government to continue providing information on the number of children removed from the worst forms of child labour, in particular prostitution, and rehabilitated pursuant to the implementation of the ILO–IPEC programmes and projects.

Clause (d). Identifying and reaching out to children at special risk. 
1. Street children. In its previous comments, the Committee requested the Government to supply information on the number of children targeted and the impact of activities conducted to protect street children and children from vulnerable social groups from the worst forms of child labour. The Committee notes in the Government’s report that, in 2006, 1,128 children aged 3–16 years of age, and 1,067 in 2007, were brought to Children’s Welfare Centres of the Ulan Bator Police Department. As of 2007, 1,450 children are living at more than 40 such centres in the capital. Of these children, 72, 58 and 50 were registered as homeless in 2005, 2006 and 2007, respectively. A research report prepared by the National Commission of Human Rights found 99 children who spent their nights in building entrances, tunnels and supermarkets. The “Project for the Protection of Children from Violation and Exploitation” implemented in 2002–06 by UNICEF, in collaboration with the National Board for Children, established an information network on street children and provided social services such as education and health care.

Finally, the Committee notes that, in its concluding observations, the Committee on the Rights of the Child expressed concern “at the increasing number of street children living in very harsh conditions and that the causes leading to this phenomenon are often abusive family situations” (CRC/C/15/Add.254, 21 September 2005, paragraph 62). The Committee must express its concern over the situation of street children in Mongolia and requests the Government to provide information on the number of street children removed from the streets and given education pursuant to the implementation of programmes and projects such as the abovementioned ones.

2. Children working in mines. In its previous comments, the Committee urged the Government to redouble its efforts to ensure that children under 18 years of age do not work in underground mines in conformity with section 1 of Appendix 2 to Order A/204 of 1999 establishing the list of types of work prohibited to women and minors and to provide information on any progress made in this regard.

The Committee notes in the Government’s report that, during the 2005 World Day against Child Labour, the Government and employers’ and trade union organizations signed the “Eliminate Child Labour in the Mining Sector” appeal (the appeal), which was implemented from 2006 to 2008. Within this appeal, 27 actions were undertaken comprised of nine basic objectives including: updating the legal system; improving the information, cooperation, organization, social security and labour safety for such children; raising both children’s and miners’ awareness; providing basic services such as education and health care to the children; and developing a social partnership with the mining sector. Three separate projects are assisting in the implementation of the appeal: (i) the Swiss Agency for Development and Cooperation’s (SADC) “Sustainable Micro Mining” project; (ii) the ILO–IPEC and Mongolian Employers’ Federation “Role and participation of employers in eliminating child labour at the mining sector” project; and (iii) the UNPF’s “social and economic situation of gold miners” project. The Committee notes that 208 children working in the mining sector and 110 children at risk in the Bornuur, Sumber, Jargalant and Zaamar soums were covered by the ILO–IPEC project. In the Bayangol soum and the Selenge aimag, 256 children were re-educated, 65 received professional training and 69 re-entered general education schools. In Phase III, the project will be implemented in the Tuv, Bayankhongor, Dornod, Dornogobi and Uvurkhangai aimags. Another project, the “citizens are employed informally in the mining sector”, organized jointly by the Ministry of Social Welfare and Labour and the SADC, will cover 12 aimags and one district in two stages and was planned to start in April 2008. So far, 10,290 people, of which 107 are children, have been registered in the project; at least 4,035 children have been prevented from entering employment and measures are being taken to keep about 2,945 from re-entering the mining sector. The Committee requests the Government to provide information on the impact of these projects, and any other similar projects, in removing children working in the mining sector and rehabilitating them.

3. Children from impoverished families. The Committee notes in the Government’s report that, by virtue of the Social Welfare Law and the Employment Promotion Law, as well as various programmes, children from poor and very poor families are offered financial assistance for education and health services or professional training and orientation. The objective of these measures is to prevent vulnerable children from reverting to child labour or of becoming homeless, which in turn puts them at greater risk of being involved in the worst forms of child labour. The Committee requests the Government to supply a copy of the Social Welfare Law and the Employment Promotion Law. It also requests the Government to continue providing information on any programmes, such as the abovementioned ones, in assisting children from poor families from being involved in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the information in the Government’s report that, in 2005, the ILO–IPEC “Gender Equality Centre” programme and the Population Training and Research Centre of the National University of Mongolia surveyed about 34,400 persons working in various service sectors in Ulan Bator and near the border points of other aimags: hotels (44 per cent); saunas and massage parlours (60 per cent); and bars and night clubs (31.2 per cent). About 81.2 per cent of the respondents were women, of whom 198 were under 18 years of age. About one third revealed that they had been asked by clients to render sexual services. Ninety-one were prostitutes, with an average age of 19.4 years, and some as young as 14. Roughly 60 per cent of these girls started working before the age of 18. The Committee also notes the information in the Government’s report that, in relation to resolution No. 48 of the Court of Chingeltei district, two persons were convicted for the commercial sexual exploitation of a minor. In addition, the Committee notes that, in its concluding observations, the CRC expressed deep concern “at the increasing number of children engaged in prostitution” (CRC/C/15/Add.254, 21 September 2005, paragraph 64). The Committee expresses its concern about the engagement of children under 18 as prostitutes, and requests the Government to redouble its efforts to address this problem. Furthermore, the Committee requests the Government to provide information on the relevant measures taken. Finally, the Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.

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

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 notes the absence of information on this point.  It reminds 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 notes 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 notes 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 reminds 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 notes that the Government’s report contains no information in this regard. However, it notes 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 notes 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 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee notes the Government’s information that the Government, the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU) have organized a consultative meeting to define the worst forms of child labour according to the specifics of the country. As agreed by the social partners, the types of work considered as the worst forms of child labour, among others, include the following: labour in informal mining and opencast mining industries; work in rubbish-dumps; work in very hot and cold conditions for a long time; and lifting, carrying, loading and unloading heavy weights. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on the concrete measures taken by the Government and governors and other legally authorized organizations and officials to monitor the implementation of the provisions giving effect to the Convention and the results observed. The Committee notes the Government’s information that the National Council for Children, which is responsible for ensuring the implementation of the National Programme of Action for Development and Protection of Children at the national, aimag and soum level, has a duty to organize all kinds of activities related to the development and protection of children. It also notes that the National Committee, established in 1999, provides assistance and counselling to the governors of provinces and soums in the area of child protection. The National Committee consists of representatives from the Ministry of Justice and Internal Affairs, the Ministry of Education, Culture and Science, the Ministry of Social Welfare and Labour, the Mongolian Employers’ Federation, the Confederation of Mongolian Trade Unions, the National Board for Children and the NGOs for children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Development and Protection of Children. The Committee had previously noted that an eight-year National Programme of Action for the Development and Protection of Children had been launched in 2002. It had observed that the first phase of the programme did not focus on the elimination of the worst forms of child labour and had expressed the hope that the second phase of the programme would do so. The Committee notes the Government’s information that the National Programme of Action for the Development and Protection of Children (2002-10) will be carried out in three stages. It notes that the programme sets out 18 objectives towards the intensive eradication of the worst forms of child labour. Within the scope of objective 13 "Intensify activity to eliminate the worst forms of child labour" the following actions are being taken:

-  expand training and public awareness about international conventions on child labour;

-  conduct a national survey on the situation of child labour;

-  expand action in support of family livelihoods to reduce poverty and restrict the number of working children;

-  draw up and implement a policy to eliminate the worst forms of child labour;

-  eliminate the worst forms of child labour by increasing community and individual participation in monitoring and reporting the worst forms of child labour to state bodies; and

-  immediately take urgent measures to eliminate child labour in gold, metallurgic, coal and fluorspar mining.

The Committee takes due note of this information.

2. Memorandum of Understanding with ILO/IPEC. The Committee had previously noted that the Government and ILO/IPEC had signed in 2002 a Memorandum of Understanding. It had asked the Government to provide information on the concrete measures taken pursuant to the adoption of the Memorandum to eliminate the worst forms of child labour as well as the results achieved. The Committee notes the Government’s information that, with the assistance of ILO/IPEC, the national child labour survey, the baseline survey on child domestic workers and the survey on identifying the condition of children involved in sexual exploitation were launched by the National Statistics Office in 2002-03. It also notes that in the last two years, 341 representatives from central and local employers’ organizations and 464 representatives from workers’ organizations attended skills training and training materials for them were published. In particular, a handbook entitled "Child labour and your rights" was published and the publication "Combating child labour: A handbook for labour inspectors" was translated into Mongolian.

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 notes 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 notes 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 (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that over 60,000 children aged 8 to 15 years do not attend school, which represents 13 per cent of the age group. 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 1.1.2), the country is lacking educational facilities and school dropouts remain a source of concern. The Committee had noted the Government’s indication that various measures are being taken under the national programme on quality education and training for children to improve access to school and the quality of education and to reduce school dropouts. The Committee had requested the Government to continue to provide information on the time-bound measures taken or envisaged to reduce school dropouts, and improve the availability of educational facilities all over the country, particularly for children living in rural areas. The Committee notes the Government’s information that a package of pre-school training materials was developed under the action programme implemented by the Family Development Centre to increase the role of pre-school education in preventing child labour. These materials were developed in cooperation with the National Non-Formal and Distant Education Centre and were professionally evaluated by a number of specialists receiving recognition in the subject matter. The Committee also notes that with the assistance of ILO/IPEC, 2,849 working children who have dropped out of school were involved in retraining for the last two years and 1,335 of them were transferred into secondary education. It further notes that a workshop was organized in February 2005 for the heads of 25 kindergartens in Ulaanbaatar with the participation of the representatives of the Ministry of Education, Culture and Science. The workshop participants expressed their interest in increasing the physical capacity of their kindergartens to enrol children from vulnerable groups and were encouraged to provide pre-school education for more children. The Committee also notes that the Family Development Centre has so far provided pre-school education to 72 children who are siblings of the working children and they have been enrolled into the first grade. It further notes that through the projects of ILO/IPEC, 544 children have been enrolled in vocational training. The Committee takes due note of this information. 

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that, according to section 15 of the Law on the Protection of the Rights of the Child, children under 18 years of age involved in armed conflicts or prostitution, as well as neglected or poor children are considered to be children in especially difficult situations. These children in difficult situations are entitled to the following care, privileges and assistance: (i) assistance in obtaining education and vocational training; (ii) free medical services; and (iii) state allowance for families which adopt children in difficult circumstances. The Committee had asked the Government to provide information on the practical application of the abovementioned provisions. The Committee notes the Government’s information that starting from 1 January 2005 the Government has launched the child benefits programme. Under this programme, each child of a poor family with three or more children is entitled to a monthly benefit of 3,000 Mongolian tughriks. The payment of the benefit is conditioned upon the following criteria: (1) the child must have received required vaccination; (2) the child must attend school or vocational training; and (3) the child should not be engaged in the worst forms of child labour. The Committee also notes the Government’s indication that the Government and NGOs are planning to cooperate in 11 activities to improve the lives of children in difficult circumstances by improving family surroundings and expanding social services. The Committee takes due note of this information.

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 notes 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 notes 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 notes 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 notes 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 remains 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.

Part V of the report form. The Committee notes the Government’s information that, according to the National Child Labour Survey 2002-03 conducted by the National Statistical Office, 10.1 per cent or 688,000 children aged 5-17 are involved in economic activities. The number of working children is different by age, sex, region, economic sector, seasonal condition and type of employment. Thus, there are 8.7 per cent of boys and 5.7 per cent of girls aged 5-14, whereas 22.1 per cent of boys and 14.9 per cent of girls are aged 15-17. Some 91.7 per cent of all working children are working in agricultural and forestry industries, 1 per cent in processing industries, 0.8 per cent in the mining sector and 0.5 per cent in hotels and cafes.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report. The Committee requests the Government to supply further information on the following points.

Article 3, clause (a), of the Convention. All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes 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 also observes 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 further notes 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 reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for sexual or labour exploitation constitute one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee 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 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. It further asks the Government to provide a copy of the Penal Code.

2. Debt bondage and serfdom. The Committee notes that section 7(4) of the Law on the Protection of the Rights of the Child provides that it is prohibited to kidnap or turn a child into a subject of mortgage.

3. Forced or compulsory labour. The Committee notes that, by virtue of article 16(4) of the Constitution and section 7(1) of the Labour Code, no one shall be forced to work. The Committee notes the Government’s indication that the Labour Code was amended in 2003 and the term "forced labour" defined. The Committee accordingly asks the Government to provide a copy of the Labour Code as amended in 2003.

4. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of article 11(2) of the Constitution, the structure and organization of the armed forces and the rules applicable to military service shall be determined by law. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.32, to be examined in May 2005, page 16), 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 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 notes 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. According to the Government’s report, more than 200 prostitutes in Ulaanbaatar are under 18 years of age; most girls are between 15 and 16 years of age. The Committee requests 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.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes 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 also notes that under section 13(6) of the Law on the Protection of the Rights of the Child, individuals, economic entities and organizations must "prevent the operation of production, sale and service harmful for children’s development and the dissemination of materials of negative impact on children and activities advocating violence and prostitution". The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests 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.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes 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 asks the Government to indicate the measures taken or envisaged to this end.

2. Causing or allowing children to be used for begging or other illicit profit-making activities. The Committee notes that section 7(6) of the Law on the Protection of the Rights of the Child further states that it is prohibited to use a child under 18 years of age for begging or other illicit profit-making activities. The Committee requests the Government to provide information on the practical application of the abovementioned provision.

Clause (d). 1. Hazardous work. The Committee observes that, by virtue of sections 109(4), and 141(1)(6), of the Labour Code, it is prohibited to employ a minor under 18 years of age in a job which would negatively affect his/her intellectual development and health. Section 110(3) of the Labour Code further states that no one shall employ a minor in a job under "abnormal or special working conditions". According to section 3(1)(10) of the Labour Code, the term "abnormal working conditions" refers to a workplace where working conditions are not in compliance with labour standards, but where their negative impact cannot be eliminated within the framework of labour safety and sanitary requirements. Section 110(4) of the Labour Code further provides that children shall not carry loads that exceed the weight limitation established by the government official responsible for labour matters. The Committee also observes that section 7(6) of the Law on the Protection of the Rights of the Child prohibits individuals, economic entities and organizations from employing children (under the age of 18 years) in work that is likely to harm their health and morals. Employers shall not pay unjust wages, or use children for begging or conducting illegal profit-making activities on their behalf. The Committee notes that, according to section 71(1) of the Labour Code, an employee aged 14 to 15 years shall not work more than 30 hours per week, and an employee aged 16 to 17 years shall not work more than 36 hours per week. A minor employee may not be required to perform overtime work, to work on holidays and weekends (section 110(2) of the Labour Code). The Committee also notes the Government’s indication that the Labour Code was amended in 2003 in order to provide that children engaged in the worst forms of child labour are considered to be children in extremely difficult conditions. It also states that a new provision was added under section 12 of the Labour Code to prohibit the employment of children in work which would "adversely be dangerous" to their health, morals and life. The Committee accordingly asks the Government to supply a copy of the Labour Code as amended in 2003.

2. Self-employed children. The Committee notes 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, the Committee observes 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 consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code, neither do they benefit from the protection laid down in section 7(6) of the Law on the Protection of the Rights of the Child, according to which individuals, and economic entities shall not employ children under 18 years of age in work that is likely to be exploitative and harmful to their health and morals. The Committee accordingly requests 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.

3. Horse jockeys. The Committee notes 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. According to the National Human Rights Commission, the purpose and scope of traditional horse racing had undergone considerable changes over the years and strongly deviate towards a moneymaking business. It is estimated that 40 to 50 celebrations occur each year, and on each occasion 2,000 children jockeys are engaged. The report indicates that 32 per cent of child jockeys were aged 6 to 9 years and 68 per cent were aged 10 to 16. It further states that horse racing causes potential risks to the life and health of very young children. As a matter of example, during the 2001 Naadam festival, 49 children were thrown off their horses and suffered light to serious injuries. One child was killed during the 1999 Naadam festival. The Committee accordingly asks 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that Order No. A/204 of 1999 provides for a list of 340 types of work that are prohibited to minors under 18 years of age. The following types of work shall not be performed by minors: (i) underground work, extraction and refining oil and exploitation of natural gas; (ii) prospecting work, such as all types of drilling, geological work, pulverizing, sorting of samples, crane operator, etc.; (iii) metal processing work; (iv) all types of work in the power engineering industry; (v) china production; (vi) certain work in the glass industry, such as the production of mirrors and hemming-cutting-polishing of glasses; (vii) building, concrete mixing, fire-brick production, clay mixing, wood boiling, roof laying or cement production; (viii) manual and machine linotype, operator of printing machines, glue preparation, rubber production, tin burning, foil pressing, varnishing and bronzing in the printing industry; (ix) wool washing, textile and carpet manufacturing; (x) certain types of work in the clothing industry, leather and shoe industry; (xi) bakery, confectionery, meat processing industry, salt processing in the food industry; (xii) combine-operator and tractor driver, operator of hay-stackers and mowing machines, processing seeds and grains with chemicals, breeding and milking of animals with infection and cutting off their wool and hair, and pesticide using; (xiii) certain tasks in the railway industry, road transportation, air transportation or underwater transportation; (xiv) work in institutions providing treatment and care for patients with mental disorders, handicapped children and patients with infections.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s indication that the list will be reviewed according to the findings of surveys or studies on child labour. The Committee accordingly asks the Government to indicate whether such surveys or studies have been made, and to supply a copy of them.

Article 5. Monitoring mechanisms. The Committee notes that section 139 of the Labour Code provides that the State Ikh Khural, the Government and governors at all levels, and authorized organizations in charge of labour matters are responsible for monitoring the enforcement of labour legislation. The Committee further observes that, by virtue of section 23(1) of the Law on the Protection of the Rights of the Child, the Government and governors and other legally authorized organizations and officials are responsible for monitoring the implementation of the law and regulations protecting the rights of the child. The Committee requests the Government to provide information on the concrete measures taken by the Government and governors and other legally authorized organizations and officials to monitor the implementation of the provisions giving effect to the Convention and the results observed.

The Committee also notes that, according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 3.1), the corruption of officials is a common attitude. It indicates that 55 per cent of lawyers and 73 per cent of citizens believe that the police, prosecutors and magistrate receive bribes. The Committee considers that the effective implementation of the provisions giving effect to the Convention is unlikely to happen when corruption is widespread. It accordingly requests the Government to indicate the measures taken or envisaged to reduce and gradually eliminate corruption in the country so as to enable the organizations and officials concerned to effectively monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Development and Protection of Children. The Committee notes that an eight-year National Programme of Action for the Development and Protection of Children was launched in 2002 by the Government. The objectives of the programme are to build a legal environment to protect the rights of the child in the country, to provide good quality education and work, and improve the livelihood of children. The Committee notes, that between 2002 and 2004, the targets are: (i) amendment of the legislation to ensure the protection of children; (ii) establishment of monitoring mechanisms (such as a subcommission on child rights under the National Human Rights Commission, and an ombudsman for children); (iii) establishment of a database on the reported violations of child rights; and (iv) quality education and training for children. The Committee observes that the first phase of the programme does not focus on the elimination of the worst forms of child labour. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee accordingly hopes that the second phase of the National Programme of Action for the Development and Protection of Children will focus on the elimination of the worst forms of child labour.

2. Memorandum of Understanding with ILO/IPEC. The Committee notes the Government’s indication that an ILO/IPEC programme was launched in 1999. It aimed at building the capacity of governmental organizations and agencies to deal with child labour issues and raise public awareness. The first stage of the programme ended in 2001 and was, according to the Government, successful in raising awareness and strengthening the capacity of governmental agencies on child labour issues. The second phase of the programme started in 2002 when the Government and ILO/IPEC signed a Memorandum of Understanding. The Government indicates that the programme has resulted in the launching of activities, training and advocacy on child labour within governmental institutions. It also states that a survey on child labour was conducted in the three largest cities of the country and ten provinces among small and medium-sized enterprises and in informal businesses. The Committee asks the Government to provide further information on the concrete measures taken pursuant to the adoption of the Memorandum of Understanding between the Government and the ILO/IPEC to eliminate the worst forms of child labour as well as the results achieved. It also asks the Government to provide a copy of the statistical data available on the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that the Penal Code provides for penalties for anyone who pushes a child into begging (section 115), forces a child to work (section 121), procures children into prostitution or for the production of pornography (sections 122 and 123). The Committee also observes that according to information available at the Office, section 111 of the Penal Code states that a person who organizes the permanent prostitution of other persons or implicates a person below legal age in permanent prostitution is liable to five years’ imprisonment and a fine of 50,000 to 100,000 tughriks. According to information available at the Office, a group of organized persons who enrol persons under the legal age in prostitution or send them abroad for the purpose of prostitution is liable to imprisonment for three to eight years (section 111(1) of the Penal Code). According to sections 25(5) of the Law on the Protection of the Rights of the Child, a person who uses a child for begging or employs a child in work that is harmful for his/her health is liable to a fine of 10,000 to 20,000 tughriks. Section 141(1)(6) of the Labour Code states that an employer who forces a minor to perform work that is prohibited, or to lift or carry loads exceeding the prescribed limits, or forces an employee under 18 years of age to work in places harmful to his/her mental development or health or under abnormal or special conditions shall be liable to a fine of 15,000 to 30,000 tughriks. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes 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. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee observes that section 6(1) of the Law on the Protection of the Rights of the Child states that children under 18 years of age shall have the right to free education. The Committee notes the Government’s indication that over 60,000 children aged 8 to 15 years do not attend school, which represents 13 per cent of the age group. It also notes that according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.2), the country lack educational facilities. Thus, in 2000, there were 683 secondary schools with a capacity of 280,000 children but actually teaching 494,500 pupils. According to the National Human Rights Commission, school drop-outs remain a source of concern. It states that 13.5 per cent of school-age children have never enrolled or attended classes, 20 per cent of whom are from the countryside. It also indicates that there is an increasing tendency among herders to take out their children from schools due to the high need for labour at family farms. A survey conducted in four counties ("aimags") by the Social Development Centre with the assistance of ILO/IPEC shows that among 291 children working at home as herders, 53.8 per cent had run away from school and 8.3 per cent never attended school.

The Committee notes the Government’s indication that various measures are being taken under the National Programme on Quality Education and Training for Children to improve access to school, and the quality of education and to reduce school dropouts. For instance, action is being taken to open more pre-school buildings, recruit more pre-school teachers, build schools in rural areas and improve teachers’ skills. Other actions aim at providing clothes, stationery and food for children from low-income families and children in difficult situations. The Committee requests the Government to continue to provide information on the time-bound measures taken or envisaged to reduce school dropouts, and improve the availability of education facilities all over the country, particularly for children living in rural areas. It also asks the Government to provide information on the impact of the National Programme on Quality Education and Training for Children on improving the access to basic education of children who might otherwise more easily engage in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to section 15 of the Law on the Protection of the Rights of the Child, children under 18 years of age involved in armed conflicts or prostitution, as well as neglected or poor children are considered to be children in especially difficult situations. These children in difficult situations are entitled to the following care, privileges and assistance: (i) assistance in obtaining education and vocational training; (ii) free medical services; and (iii) state allowance for families which adopt children in difficult circumstances. The Committee asks the Government to provide information on the practical application of the abovementioned provision.

Clause (d). Identifying and reaching out to children at special risk. 1. The trafficking of children. The Committee notes 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. It also indicates that the Central Intelligence Service identified, in 2001, two commercial companies that were engaged in the trafficking of girls to Japan for prostitution. Girls are mostly trafficked to China (the main route of trafficking appears to be the cities of Erlian, Kohkhe khort and Beijing), Macao, Singapore, South Korea, Japan and Yugoslavia. The Committee notes 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 asks 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.

2. Street children. The Committee notes the Government’s indication that the non-governmental organization "Save the Children" establishes shelters for street children. It also provides assistance to children and families from vulnerable social groups. The Committee asks 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.

3. Children working in mines. The Committee notes the Government’s indication that approximately 100 children under 18 years of age work permanently in Nalaikh mine. It also indicates that the number of children under 18 working in mines is high in urban or settlement areas. For instance, 40 children are working in old gold mines of Bugant and 20 per cent of the 100 persons working in Sujigtei Mountain mine in Bornuur Soum, Tuv are children. The Government further states that the number of children under 18 working in mines is likely to be underestimated. The Committee also notes 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 are working in gold mines side-by-side with adults doing hard physical work such as soil removing, rock lump crushing, stone loading and unloading. The most dangerous part of the work is that these children are working in direct contact with highly toxic mercury. A study conducted with the assistance of the ILO/IPEC revealed that among 59 people working in gold mines, 17 were children aged 11 to 18. Out of these 17 children, eight suffered from chronic mercury infection, and seven had syndromes of nervous collapse. It further indicates that in Nalaikh mining city, 200 to 300 children are permanently employed in coal mines. The Committee asks 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 as stated in section 1 of Appendix 1 to Order No. A/204 of 1999 establishing the list of work prohibited to women and minors.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that a Tripartite Coordinating Committee has been established to implement the Convention.

Article 8. 1. International cooperation. The Committee notes that Mongolia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2003, and signed the Protocol on the Involvement of Children in Armed Conflict in 2001. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, and universal education, in conformity with the requirements of the Convention.

2. Elimination of poverty. The Committee notes the Government’s indication that the National Programme of Action for the Development and Protection of Children was adopted in 2002, and shall last until 2010. The objectives are to build a legal environment that protects child rights and development. The Government further indicates that child labour policies shall be implemented in coherence with the draft Poverty Reduction Strategy Paper (PRSP). The Committee accordingly requests the Government to supply further information on the adoption and implementation of the PRSP and on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. It accordingly asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee notes the Government’s indication that, according to a survey conducted in 2000 on the situation of child labour in the country, approximately 1 per cent of workers under 18 were engaged in work in mines, 3 per cent were collecting and selling used bottles and cans and 18 per cent were carrying loads. Out of these working children, 61 per cent were aged 10 to 15 years, 2 per cent were under 10 years old, and 42 per cent dropped out of school to work. The Committee asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.