Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mongolie (Ratification: 2001)

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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.