United Nations

E/C.12/MNG/5

Economic and Social Council

Distr.: General

21 March 2022

Original: English

English, French and Spanish only

Committee on Economic, Social and Cultural Rights

Fifth periodic report submitted by Mongolia under articles 16 and 17 of the Covenant, due in 2020 * , **

[Date received: 9 July 2021]

1.Following the List of Issues (E/C.12/ MNG/QPR/5) of 25 October 2019, Mongolia submits the following information.

Reply to paragraph (2) (a) of the list of issues (E/C.12/MNG/QPR/5)

2.With a view to provide its citizens with employment and income as well as to ensure fair wages and salaries according to the work performance results, Mongolia has taken measures towards elevating the minimum salary, increasing salaries of civil servants and establishing a remuneration system for doctors and teachers based on their workload, professional skills, work responsibility and work performance results.

3.Pursuant to the revised Law on Civil Service, adopted in 2017, the following measures have been implemented:

•Establishing equal pay for work of equal value by carrying out workplace analysis when defining a salary size;

•Analysing distribution of work duties among available job positions;

•Renewing civil service position classification and grades;

•Revising and drafting new regulations on extra pay and additional remuneration to be paid to civil servants;

•Providing civil servants in service position, starting from 2020, additional payments for employment duration to ensure indiscriminate and equal conditions for civil servants in service position and civil servants in administrative position in terms of receiving additional remuneration and assistance.

4.Within the framework of creating an adequate salary and remuneration system for teachers, doctors and medical workers based on workload, professional skills, work performance results and employment duration, the evaluation of workplaces has been carried out, salary levels have been upgraded and base salaries have been raised in the following fields:

•Civil service medical institutions;

•Public kindergartens and general education schools;

•Public vocational training and production centres and colleges.

5.In 2019, base salaries were raised through upgrading assistant position grades in scientific, cultural and art fields as well as in other civil service sectors. As a result, salary scale and minimum salary level of 173.1 thousand civil servants with base salaries equal to or lower than the base salaries of teachers and doctors have been raised by 8 percent since 1 September 2018; salaries of nurses, teachers of kindergartens and of primary classes as well as workers in service positions in the arts field were revised and position grades upgraded which resulted in their salary increase by 12.3–32.0 percent in 2018. Salary scale and salary size of above-mentioned 173.1 thousand civil servants were further raised by 8 percent since 1 January 2019, base salaries of 17.2 thousand workers who did not receive pay rise in September 2018 have also been raised by 16.6 percent. Salaries of doctors and teachers have been increased in average by 20 percent through renewed service position classification in the fields of health and education. It was decided to allocate MNT 159.8 billion for 8 percent increase of the salary scale and salary size of civil servants from 1 January 2020 and MNT 302.5 billion for employment duration payment to workers in service positions.

6.Since 2016, the Government has increased the salaries of teachers by 45–58 percent, of doctors and nurses by 66–76 percent, of culture and art workers by 38–48 percent, of science sector employees by 30–42 percent, and of civil servants in other sectors by 26–36 percent. The steady increase of salaries of civil servants has had positive spill-over effects on the rise of wage in private sector and overall improvement in citizens’ living standards.

7.Previously, while civil servants in administrative positions received employment duration remuneration, those in service positions did not receive such payment. Starting from 1 January 2020, 128,000 civil servants in service positions became eligible to receive employment duration remuneration equivalent to 5–25 percent of their base salary.

8.To increase incomes and protect the citizens who live under the poverty line despite having regular jobs, the minimum wage, which amounted to MNT 240,000 in 2016, was raised to MNT 320,000 in 2019 and MNT 420,000 in 2020 respectively by the Labour and Social Consensus Tripartite National Committee. Thus, the salaries of 80,000–100,000 people in Mongolia, who are paid the minimum wage, increased by 33.3 percent in 2019 and by 31.2 percent in 2020.

Reply to paragraph (2) (b) of the list of issues

9.Mongolia implements several programmes to support vulnerable target population groups within the scope of its social welfare policy and related legal frameworks.

Food and Nutrition Programme for Poorest Families

10.To protect vulnerable social groups and support households and citizens with poor livelihood conditions, since 2013, in line with Article 22 of the Social Welfare Law, the Government has provided food and nutrition supports with the state budget. A nationwide household survey was conducted and its findings, which measured living standards through score assignment, are being used to provide food and nutrition support services.

11.A two-fold expansion of the food support programme’s scope between 2016–2018 and 20 percent increase in the amount of food stamp entitlements have contributed to the reduction of poverty in urban and rural areas reflected in 1.2 point decrease in nationwide poverty rate.

Table 1

Results of Food Stamp Program, required minimum score for eligibility

2015

2016

2017

2018

2019

Minimum score

Capital city

240.3

292 . 5

Provinces/aimags/

310 . 0

Food stamp benefit amount

Adult

13 000

16 000

Child

6 500

8 000

Total funds spent/billion MNT/

17.9

16.6

20.4

36.2

35.7

Source : Social Welfare Fund Report for 2015 – 2019 .

Table 2

Number of households and citizens (thousand persons) covered by food and nutrition support services and their percentage

2015

2016

2017

2018

2019

Q-ty

%

Q-ty

%

Q-ty

%

Q-ty

%

Q-ty

%

Households

26.5

3.1

26.5

3.1

46.4

5.2

47.3

5.3

44.8

5.0

Citizens

137.8

4.5

143.3

4.6

250.3

7.9

263.3

8.1

242.4

7.4

Children

59.5

43.2

60.3

42.1

126.3

50.5

123.8

47.0

119.1

49.1

Source : Social Welfare Fund Report for 2015 – 2019 .

12.The food and nutrition support enables the poorest citizens with smallest consumption to receive daily 2500 calories.

13.Citizens, enrolled in food and nutrition support services, also enjoy free of charge legal defence services and the state pays the health insurance premiums of 112.4 thousand people of labour age.

14.With a view to support the poorest citizens during the coronavirus lockdown, the Government, by its resolution No.167 of 2020, increased two-fold the total benefit amount of food stamp in the period between 1 May and 1 October 2020 to MNT 16,000 for children and to MNT 32,000 for adults respectively. The validity of this decision was extended until 31 December 2020 by the Government resolution No.126 of 30 September 2020 and in total MNT 15.5 billion were additionally channelled for this purpose.

“Age Benefit” Programme

15.SGH passed the Law on Seniors on 26 January 2017 with effect from 1 July of the same year. Under the law, seniors above the age of 65 are eligible for monetary benefits (age benefits) equal to MNT 50,000–250,000 depending on the age group twice annually in support of their income security.

Table 3

Number of people (thousand persons) covered by “ Age Benefit ” Programme and funds spent (billion MNT)

Year

Approved Budget

Number of seniors receiving “ Age Benefit ”

Actual expenditure

2017

20.5

128.6

19.8

2018

20.5

135.2

20.5

2019

22.2

141.5

21.5

2020

22.2

Circa 150.0

-

Source : Social Welfare Fund Report for 2015 – 2019 .

Children’s Cash Allowance

16.The Government has provided cash allowances to all children and in some cases specifically to target group children to facilitate the sustainable growth of the population and to promote children’s development. In 2020, cash allowances are being provided to all children of 0–18 years registered in the Single Household Database or to 1,172,289 children that make up 96.6 percent of the total number of children.

17.The funds allocated for children’s cash allowances constitute 37.3 percent of the overall social welfare budget and equals MNT 240.0 billion or 0.7 percent of the GDP.

Table 4

Number of children eligible for cash allowances and funds spent

2015

2016

2017

2018

2019

Number of children

1 029 447

911 840

1 034 000

912 000

1 000 557

Percentage per total number of children

93.9

80.9

94.0

77.2

82.4

Spent funds (billion MNT)

246.6

218.8

257.6

209.2

229.6

Source : Social Welfare Fund Report for 2015 – 2019 .

18.SGH approved on 29 April 2020 the Law on Preventing and Combatting Coronavirus (Covid-19) and Mitigating its Negative Impact on Socio-Economic Development. Under the law, the Government issued resolution No.114 on increasing the monthly cash allowances for children aged 0–18 to MNT 30,000 in April–June, providing to 1,122,446 children.

19.Pursuant to the Government resolution No.167 of 6 May 2020 on “Second package measures to restore the economy and to improve social protection of vulnerable citizens during Covid-19 pandemic”, children’s cash allowances were raised to MNT 100,000 from 1 April to 1 October 2020 and MNT 438.4 billion have been spent to this effect for 1,162,779 children. By the Government resolution No.126 of 30 September 2020 these measures have been extended until the end of 2020 with the allocation of MNT 852.0 billion. Over 4 thousand children of Mongolian nationals living abroad are also included in these measures.

Social welfare pensions and allowances

20.Seniors who are not eligible for pensions from the social insurance fund, disabled citizens, dwarf persons, children of 0–18 years who lost their foster, single mothers and fathers heading families with 4 and more children under 18 years, citizens nursing disabled children and sick persons and citizens parenting and exercising guardianship of full orphans under 18 years are entitled to care allowances. Measures have been taken to increase the social welfare benefits and allowances in relation to inflation rate. Under the Government resolution No.25 of 22 January 2020, social welfare benefits and allowances have been reset to reach MNT 188,000 per month for social welfare pensions, MNT 123,100 per month for care allowances for disabled children and MNT 84,500 per month for other types of allowances, with their implementation starting from 1 February 2020.

Table 5

Raise in social welfare benefits and allowances in MNT

Year

2015

2016

2018

2019

2020

Monthly pensions

126 500

140 000

155 000

174 000

188 000

Monthly allowances

58 000

64 000

70 000

76 000

84 500

Source : MLSP .

Table 6

Number of people eligible for social welfare benefits and funds spent (thousand MNT)

No.

Benefit Category

2017

2018

2019

Number of people

Funds spent

Number of people

Funds spent

Number of people

Funds spent

1

Men aged 60 and above, women of 55 and above

2 443

3 109.46

2 538

4 528.29

3 360

5 636.55

2

Dwarf citizens

126

201.3

123

208.3

117

219.99

3

Disabled citizens who attained 16 years of age with 50 percent and above loss of labour capacity

43 180

60 167.1

41 017

65 687.2

41 396

74 523.96

4

Children under 18 who lost their foster

15 981

25 131.5

15 732

27 409.3

15 766

31 216.71

5

Single mothers over 45 and single fathers over 50 with 4 and more children under 18

39

48.7

27

31.4

19

26.0

T otal

61 769

88 658.1

59 437

97 864.56

60 658

111 623.26

Source : Social Welfare Fund Report for 2015 – 2019 .

21.The Government, by its resolution No.167 of 2020, increased social welfare pensions and cash allowances for children under 16 years who are in need of permanent care to MNT 100,000 per month from 1 May 2020 and 1 October 2020 and, by its resolution No.126 of 2020, further extended the validity of these measures until the end of 2020.

National Programme on Development of Target Households and Improving Their Protection

22.The Government, by its resolution No.16 of 2016, approved “The National Programme on Development of Target Households and Improving Their Protection”. This programme is aimed at helping the members of target households of labour age and of labour capacity to get employment while ensuring full enrolment of other members of the household such as children and seniors into kindergartens, schools or social protection and health services with a view to create conditions for independent livelihood.

23.Based on a survey carried out among the unemployed members of labour age in 15,540 target households covered by this programme in 2019, assistance was provided to 12,100 citizens to get permanent or temporary employment as well as to 42,183 persons to undergo medical check-up.

24.To change certain bad habits of target group citizens and provide relevant family and livelihood education, over 1700 training and awareness-raising measures have been organized involving 58,000 (overlapping data) citizens. 2,818 children were enrolled in public and private kindergartens, over 5,600 citizens received material aid, over 12,000 citizens were offered food support and 2,068 households got support to improve their sanitary facilities. Under the programme, dwelling facilities problems of 542 households in need of social welfare were resolved with the joint contributions of local administrations, international organizations’ projects and programmes implemented at local level.

Welfare Services Based on Public Participation

25.As stipulated in the Social Welfare Law, seniors, disabled citizens, children in difficult situations, abused citizens, persons released from prisons, alcohol and drug-addicted citizens, persons with fatal disease, homeless households and individuals, single mothers (fathers) heading families, households with disabled children and other vulnerable persons are entitled to the following services based on public participation:

26.Organization of training to foster their life confidence, independent living capacity and work skills as well as to support their talents:

•Counselling;

•Rehabilitation;

•Provision of temporary premises and care services, and temporary protection shelters to victims of violence;

•Day care services;

•Household care services;

•Оther social welfare services based on the needs of citizens and their families;

•Fostering of life confidence of homeless citizens and their families, promotion of their socialization, documentation, and provision of temporary shelter.

Table 7

Number of citizens, covered by social welfare services based on public participation and funds spent

Year

Number of people (thousand persons)

Budget spent/billion MNT/

2015

7.8

1.7

2016

7.8

1.6

2017

10.4

1.6

2018

21.2

3.6

2019

15.3

1.7

2020.6

1.7

0.6

Source : Social Welfare Fund Report

Health Insurance Programme

27.To ensure the basic right of citizens to access quality and safe health services and assistance without any financial burden, SGH revised the Law on Citizens’ Health Insurance in 2015. Under the law, the state is responsible for the health insurance premiums of 1.9 million citizens such as children of 0–18 years, citizens with no other permanent income except pensions, mothers/fathers nursing children till 2 years (in case of twins till 3 years), members of households in need of social welfare support and assistance and military servicemen. Annually MNT 83.8 billion is spent from the state budget for this purpose. In 2020, amendments were made to the Law on Health Insurance on transitioning the health sector to one provider system in terms of funding, introducing performance financing, monitoring the quality of assistance and services against the international standards, establishment of fully digital monitoring and registration system, and reducing citizens’ frustration through sale of reduced cost drugs in all drugstores.

28.The annual ceiling payment from the Health Insurance Fund to cover medical assistance and services’ expenditures of insured persons makes up MNT two million. The cost reduction of necessary drugs acquired by citizens through health insurance funding constitutes around 7 percent of overall expenditure of the Fund. Citizens buy drugs at reduced prices in 576 drugstores. Preparatory work has been done to provide drugs at reduced prices in all drugstores from 1 November 2020.

Table 8

Number of people covered by health insurance (thousand persons)

Number of persons

No.

Insurance type

2016

2017

2018

2019

1

Workers of budget organizations and economic entities

799.6

836.5

745.3

735.0

2

Self-employed individuals

225.7

216.3

175.1

119.2

3

Students and pupils

59.1

51.3

47.3

19.6

4

Livestock breeders

133.4

114.7

93.0

67.6

5

Foreign nationals and stateless persons

0.5

0.5

0.1

0.3

6

State-cared persons

1 519.7

1 764.6

1 763.9

1 978.7

7

Others

-

-

0.1

0.3

Total

2 737.9

2 983.9

2 824.7

2 920.8

Percentage

87.8

95.6

89.9

90.2

Source : Health Insurance Fund Report .

Table 9

Number of assistance and service cases covered by the Health Insurance Fund (thousand persons) and funds spent (billion MNT)

Year

2016

2017

2018

2019

Type

Number of persons

Funds spent

Number of persons

Funds spent

Number of persons

Funds spent

Number of persons

Funds spent

State budget hospitals

730.6

170.5

849.2

198.2

913.9

213.3

1 014.9

236.8

Private hospitals providing surgical assistance and services under the agreement

27.7

2.5

31.9

3.0

Traditional medicine healing and rehabilitation assistance and services

82.1

8.6

94.2

10.4

98.1

10.1

109.0

10.6

Drugs cost benefits

1 564.9

26.3

1 580.3

38.1

1 435.5

26.0

1 546.2

33.4

Funds provided to private hospitals

326.5

31.8

349.5

34.0

360.8

35.1

383.9

37.3

Funds provided to soums ’ health centres

82.2

1.7

452.6

9.0

T otal

2 704.1

237.1

2 873.2

280.6

2 918.2

288.6

3 538.5

330.1

Source : Health Insurance Fund Report .

Allowance Programme for single mothers/fathers heading families with many children

29.In 2017, SGH passed the Law on Providing Support Allowances to Single Mothers and Fathers with Many Children Heading Households with effect from 2018. Under this law, pregnant mothers are entitled to monthly allowance of MNT 40,000 starting from five months pregnancy until child delivery, mothers nursing their child of 0-3 years are entitled to monthly allowance of MNT 50 thousand, and in case of twins they receive MNT one million per child, and in case of triplets and more MNT three million per child in one payment. Single mothers and fathers heading households with three or more children of 0–18 years are entitled to quarterly allowance equal to the minimum work pay. In addition, allowance insurance premiums of mothers nursing their child of 0–3 years are paid fully or partially by the state, employers and social insurance fund.

Table 10

Number of citizens enrolled in the state allowance services (thousand persons) and funds spent (billion MNT)

Type of allowance

2018

2019

Number of persons

Funds spent

Number of persons

Funds spent

Pregnancy allowances

95.4

12.1

81.6

13.3

Allowances for nursing children of 0 – 3

159.6

91.5

204.5

92.2

Allowances for twin children

0.8

1.5

1.0

1.9

Allowances for single mothers and fathers heading families with three and more children

6.7

5.0

7.0

7.9

Source : Social Welfare Fund Report for 2018 – 2019 .

30.22 thousand persons or 14.3 percent of mothers eligible for allowance are employed in economic entities, 43.1 thousand or 21.4 percent are livestock breeders. Approximately 7.0 percent of all beneficiaries of allowances for single mothers and fathers heading households or over 400 persons are single fathers.

Reply to paragraph (2)(c) of the list of issues

Food and Nutrition Support and Employment Support Programmes

31.In 2018–2019, measures were undertaken to widen the coverage of food and nutrition support programmes whilst making the distribution of food stamps conditional upon the fulfilment by eligible households the necessary conditions (that members of labour age are involved in employment support programmes and school-age children are enrolled in schools) set for the purpose of eliminating citizens’ attitude of just receiving aid and care without any effort on their part.

32.As a result, out of all labour-age members of 52 thousand households covered by the programme, 31 thousand persons were involved in professional orientation consultations, 13 thousand persons were engaged in public work and 3.7 thousand persons undertook vocational training and 10 thousand people acquired jobs. Children of such households started to attend schools.

Programmes on promoting development and improving protection of target households as well as social security, employment, and other programmes

33.Pursuant to the Law on Social Welfare, actions have been undertaken to implement at local level national programmes and measures on supporting the development of the population and households, to bring social services to target households in cluster through providing labour employment to their members of labour age and of labour capacity, enrolling their children, seniors and other members in kindergartens, schools or in social protection and health services with a view to create conditions for their independent life.

Social insurance and social welfare pensions and allowances programme

34.In case the citizens of vulnerable groups are not entitled for pensions or some allowances (for funeral) from social insurance fund, seniors, disabled persons and children who lost their foster receive allowances from the social welfare fund for the purpose of ensuring their income guarantee. Thus, seniors in Mongolia have full pension coverage.

Table 11

Number of senior pensioners (thousand persons)

Year

2015

2016

2017

2018

2019

Seniors receiving pensions from social insurance fund

268.4

269.0

282.6

308.9

307.5

Persons receiving pensions from social welfare fund

2.1

2.3

2.4

2.5

3.6

Source : Social Insurance Fund Report, Social Welfare Fund Report .

Reply to paragraph (3) of the list of issues

35.Under the current legislation, any mining licence holder must present, before implementing a mining project, over 30 documents including feasibility study, detailed environmental impact assessment, valid work plan for the given year, work report for the previous year, environmental management plan for the given year, agreement concluded with the local administration, contract on using water and payment bill.

36.All this should follow the Laws on Minerals, on Petroleum and on Environmental Impact Assessment. Under Article 17.1 of the Minerals Law, when defining a possible licensed area for exploration and mining, a written notice shall be submitted to the Governor of the given aimag or capital city with attached map of the area. Under Article 17.2 of this law, the Governor, upon receipt of such a notice, shall hold consultations with CRH and the Presidium of CRH of the soum or district where the exploration area is located, and send a reply to the state administrative organization within 45 days. In case no reply was delivered within this period it is deemed as approval. The Governor may refuse the application on the grounds provided by law.

37.As provided in Article 7.1 of the Law on Environmental Impact Assessment, environmental impact assessment shall consist of general and detailed assessments. Under Article 7.3, a project implementer shall file required documents such as feasibility study approved by a competent organization, project description and drawings, statement on the current state of environment in the project implementation area, opinion of the Governor of the given soum or district and other related documents, and submit to the state administrative central organization in charge of nature and environment or to the environmental agency for project screening. Article 8.4 requires that the environmental impact assessment report shall reflect the views and opinions of the local administration in the project implementation area and their citizens’ meeting records.

38.In other words, a mining project implementer prior to exploration and mining activities must conduct screening and detailed environmental impact assessment, officially seek opinions of local citizens of the area that may be affected by the mining and acquire official record of the citizens’ meeting and attach these documents to the detailed environmental impact assessment report. Considering these opinions, MET reviews and decides whether to approve or deny the screening and the detailed environmental impact assessment.

39.Within these regulations, a mining project implementer comes to a mutual agreement on protecting the rights of impacted citizens and safeguarding the interests of the citizens living in the mining impact zone through paying compensation or evacuation.

40.Some examples illustrating measures taken to protect the rights of citizens impacted by the mining project and to improve their conditions are cited below.

41.In 2018, “Petrochina Dachin Tamsag” LLC, conducting petroleum mining in Toson-Uul XIX and Tamsag XXI petroleum blocks on the basis of Production sharing agreement in Khalkhgol and Matad soums of Dornod aimag, concluded a trilateral agreement with the Governor of the Dornod aimag and Minerals and Petroleum Agency. Pursuant to Article 11.2.17 of the Law on Petroleum, this company also concluded agreements with the Governors of Matad and Khalkhgol soums on “protection of environment and provision of support for local development”. This agreement spells out the company’s commitments such as paid energy supply to households living in the vicinity of the mining exploration area, delivery to them of drinking water twice a week, giving priority to local dwellers who meet the requirements when selecting workers, preserve water springs, flora and fauna and keep ecological balance in the course of exploitation activities, protect historical and cultural relics, use internationally recognized advanced technology with least water consumption in petroleum extraction and re-use production-cycle water. The company annually channels USD 450,000 to soum’s development fund and USD 250,000 to the development fund of the Dornod aimag per each petroleum block within the framework of the aforementioned agreement on support for local development and the trilateral agreement. This monetary support is devoted to the local development, increase of jobs, protection of rights of impacted local citizens and improvement of their conditions.

42.In 2015–2017, a 211 kilometres-long asphalted road was built linking Toson-Uul XIX petroleum block and Bayankhoshuu border point which was an important undertaking not only in terms of protection of the local environment and reduction of dust, but also in respect of creating favourable conditions for local citizens to travel to centres of soums.

43.“Dongsheng Oil Mongolia” LLC, conducting oil exploration activities in BHG-97 oil deposit in Sainshand soum of Dornod aimag, concluded an agreement on “environmental protection and support for local development” with the Governor of the Sainshand soum. The company has contributed to the creation of favourable conditions to study, work and live for the local citizens, children, and youth through investment of MNT 500 million in building a 50-bed kindergarten in Zuunbayan bag in 2018 and MNT 270 million in repairing and renovating a swimming pool in Zuunbayan bag in 2019.

44.Article 41.1 of the Minerals Law stipulates that “License holders shall fully compensate the owners and users of private and public residential dwellings, wells winter animal shelters, other structures and historical and cultural landmarks for the damages caused by exploration or mining operations, including if necessary relocation costs”. Pursuant to this Article, “Moenco” LLC, conducting exploration activities of the Hushuut coal deposit in Tsetseg soum of Hovd aimag, concluded in 2018 an agreement and has been cooperating with the Governor of Hovd aimag on relocation of the Hushuut bag centre with a view to ensure the right of households and citizens in Hushuut bag to live in healthy and safe environment and prevent them from dust and sound adverse impact.

45.Within the framework of relocation, a census of people living in Hushuut bag, and property registration were carried out. In total, 174 households with 111 plots of land were registered and at present over MNT 10 billion-worth investment has been made to this effect.

Reply to paragraph (4) of the list of issues

46.The Constitution of Mongolia stipulates that citizens shall have the right to free movement and residence. As result of social transformations that have taken place since early 1990, migration of population to cities increased leading to dynamic urbanization. At present, 1.6 million people or 46.7 percent of the overall population is residing in capital city Ulaanbaatar. Due to this migration process, ger areas emerged in 15 locations of Ulaanbaatar without any settlement planning leading to violation of the basic rights of people living there, including their right to live in healthy and safe environment, to be protected from natural disaster and other risks and to have an equal access to social services. With a view to resolve this problem, following projects and measures on re-settlement of ger areas, construction of housing buildings and providing the necessary infrastructure have been undertaken:

Establishment of the relevant legal environment

47.SGH approved the “Law on Urban and Settlement Redevelopment” in 2016. Pursuant to this law, the following regulations have been approved:

•“Model regulation on site selection for implementation of the urban and settlement redevelopment project” (Order No.84 of 2016 of Minister for CUD);

•“Model trilateral agreement among stakeholders of the urban and settlement redevelopment project” (Order No.125 of 2016 of Minister for CUD);

•“Regulation on demolishing and rebuilding public housing stock that do not meet exploitation requirements” (Order No.126 of 2016 of Minister for CUD);

•“Regulation on re-planning ger district land plots and carrying out construction work” (Order No.46 of 2018 of Minister for CUD);

•“Regulation on providing compensation due to urban and settlement redevelopment activities” (2018 Government resolution No.222);

•“Regulation on sharing land plots by owners and users for the purpose of reorganization of ger district land” (2018 Government resolution No.341);

•“Regulation on reorganization of ger district land” (Order No. 202 of 2018 of Minister for CUD).

Progress of the project on re-planning ger district area

48.When selecting location for implementing re-planning ger district projects, opinions and wills of citizens, technical conditions for the project implementation, the project economic feasibility are taken into consideration. In total, 24 locations for ger district re-planning were approved by resolutions 7/29, 12/43 and 14/02 of 2013 as well as by resolution 19/23 of 2014 of CRH of the capital city. Those locations were in turn divided into 75 sites for project implementation. The re-planning that covers 1506,1 hectares of land and 16,109 sites, accounts for 14 percent of the total ger district area and 9 percent of the population.

49.A specific feature of the project on re-planning and rebuilding ger districts lies in removing the current residence of citizens and their property. When freeing the location, citizens living in the area are moved temporarily to rented accommodation until new housing facilities are put into operation or they reach an agreement with project investor on sale of their land and property. As of 2020, 1899 land plots have been freed in the ger district re-planning location. Apartments for 9229 households were built and commissioned on freed lands. 1488 households out of all households who lived on those freed lands moved to new apartments, 34 households sold their plots of land and the rest were transferred to rented apartments.

50.In pursuit of commitments taken by the trilateral agreement, the capital city spent MNT 117, 3 billion from the state and city budgets for engineering communication schemes and construction works within the project on re-planning and rebuilding ger district area. The Government, by its resolution No.179 of 2017, decided to allocate the required MNT 192 billion for further funding from the grant assistance provided by the Government of the People’s Republic of China. In 2017–2020, step by step establishment of micro sub-centres with engineering and social infrastructure for the re-planning project in Ulaanbaatar city, enlargement and renovation of the centralized lines are to be implemented according to a plan consisting of 6 sections and 55 cluster measures.

51.An average size of one land site at the project implementation location is 401,3 square metres. The project implementer in agreement reached with the citizens, when freeing the land, pays monthly compensation in average MNT 350–450 thousand for rented apartments until a new apartment is commissioned, and settles on provision of an apartment of 55.08 square meters at average cost of MNT 1,722,494 per square meter.

52.It has been decided to establish ‘infrastructure centres” to ensure equal access to infrastructure facilities for the citizens of ger districts which cannot be or can be only partially connected to the centralized engineering lines. “Infrastructure centres” are designed to deliver one-stop engineering and social services to citizens through establishment of facilities with partial engineering schemes in the ger area, to improve citizens’ living environment and to create jobs.

53.It is planned within the framework of the “National Programme on Housing for 150 thousand households”, approved by the Government resolution No.202 of 2019, to improve engineering supply sources and to raise the capacity efficiency of the existing engineering lines. Under the project on readjustment of ger area land, 10,000 households are to be connected to full engineering supplies, and under the project on re-planning and rebuilding of the ger area, it is planned to construct new public dwellings for 45,000 households. In accordance with this plan, 289 households in the capital city, 55 households in Uvurkhangai aimag and 87 households in Tuv aimag have got access to full engineering supplies, 517 households were connected to the centralized heating system and living conditions of 948 households were improved. “Infrastructure centre” project was implemented in 7th khoroo of Chingelgei district of the capital city on 220 sites where 285 households were connected to full engineering supplies.

Energy and basic infrastructure programmes

54.To reduce air pollution in the capital city, and following the relevant Government decision, the Energy Coordination Committee issued a resolution in 2016 on nullifying the night tariff (21.00–06.00) of ger district households with double tariff meter. Starting from 1 January 2017, the night electricity tariff is discounted 100 percent. When calculating such discount, the monthly consumption ceiling is 700 KW/h for 200W plug and 1500KW/h for 380W plug. Excessive consumption is calculated with 50 percent discount. It was also decided to provide 50 percent discount between 21.00 and 06.00 to households with double tariff meter living in ger districts in centres of 21 aimags as well as in soums and settlements with over 10 thousand inhabitants. No consumption ceiling is set in the discount timeframe in rural areas. In 2017 discount of MNT 6.9 billion was provided for 94.54 million KW/h electricity while in 2018 MNT 9.3 billion, and in 2019 MNT 16.4 billion were spent from the state budget for electricity cost discount.

55.With a view to reduce air and environment pollution, in 2017–2018 necessary work was done to ensure technical conditions to provide 20 thousand households with 4kwt electrical heaters, and, in 2018, such possibility was ensured for additional 20,602 households.

56.Starting from 2020, work is under way to place new heating lines to newly planned areas of Ulaanbaatar city, to carry out transition to SCADA distant control and monitoring system of major points of heating network and introduction of smart meters under the project on “Ulaanbaatar Heating System” which has been implemented within the framework of the General Funding Agreement concluded between the Government of Mongolia and the European Bank of Reconstruction and Development on the basis of a subsequent loan agreement concluded on 10 January 2020. A research work has been commenced to reduce greenhouse gas emissions due to heat production and increase the share of renewable energy sources in heat production in line with the world SDG.

57.Work has been done in cooperation with the World Bank to increase the efficiency of heat supplies and to widen the scope of centralized heat supplies. This work is also aimed at improving the quality of heating services in ger districts, by renovating heat transit lines and prolonging their exploitation period in order to efficiently deliver heat energy from the existing sources to remote ger districts.

58.Enlargement and renovation of heat transit lines with expired exploitation period and with frequent pressure fall incidences resulted in increasing their flow capacity by 40–100 Gcal/h and thus, opened the possibility to provide heat energy to housing facilities for 20 thousand households, schools for 30 thousand children, kindergartens for 7 thousand children and 10 thousand workplaces in line with the general plan.

59.The implementation of Ulaanbaatar city heat supply project facilitates the realization of the mid-term National Programme in Energy Sector for 2018–2023 and of the National Programme on Reduction of Air and Environment Pollution. Under the general plan on re-planning and rebuilding ger districts in the capital city, efforts are being undertaken to create technical possibilities for connecting apartments, economic structures and other buildings with small and medium capacity stoves to the centralized heating system and to introduce modern advanced technologies into heat supply system to improve operation efficiency.

Reply to paragraph (5) of the list of issues

60.Article 10.2 of the Constitution of Mongolia stipulates that “Mongolia shall fulfil in good faith its obligations under international treaties” and provision 3 of the same article states “The international treaties to which Mongolia is a party shall become effective as domestic legislation upon the entry into force of the laws on their ratification or accession”.

61.Article 7.3 of the Law on Court legitimizes the application of laws and international treaties of Mongolia that are in force and are officially published.

62.Article 33 of the Law on International Treaties says “The court of Mongolia shall use officially published international treaties of Mongolia in compliance with the regulations stipulated in the relevant law. If required, the Supreme Court of Mongolia shall issue an official explanation on the correct application of the international treaty of Mongolia.”

63.In the reporting period, there were no cases in which the Covenant has been invoked or applied by domestic courts.

64.Mongolia, in line with the human rights principles and its commitments taken under international treaties, has revised or approved anew the following legislation with a view to improve the domestic laws and implement the legislation aimed at promoting and protecting human rights at all levels: In 2015 the Criminal Code and Law on Urban and Settlement Redevelopment, in 2016 Laws on Child Rights, on Child Protection, on Rights of Disabled Persons, on Organic Food, on Medical Aid and Services, on Health Insurance (revised), in 2017 Laws on Supporting Youth Development, on Seniors, on Provision of Maternity Allowances and Allowances to Mothers and Fathers Heading Households with Many Children, on Reimbursement of Insurance Premiums of Livestock Breeders and Self-Employed Citizens, on Physical Culture and Sports, on Infringement, in 2018 Law on Enriched Food, in 2019 Law on Amendment to the Law on Water Pollution Fee, in 2020 Laws on Intellectual Property, and on Preventing and Combatting Coronavirus (Covid-19) and Mitigating its Negative Impact on Socio-Economic Development, and on Human Rights Commission (revised).

65.The work is under way to improve the Labour Code, Law on Employment Support, package Laws on Social Insurance and Social Welfare and Law on Vocational Education and Training.

Reply to paragraph of the list of issues (6)

66.The revised Law on NHRC was approved by SGH on 23 January 2020.

67.The new law provides for increasing the number of members of NHRC to five. Article 31.1 stipulates that “Functions related to torture and other cruel, inhuman, degrading treatment or punishment shall be exercised by the member in charge of issues on prevention from torture.” The law provides for this member to present annual report on torture prevention activities to the Judicial Standing Committee of SGH.

68.The Law on Non-Governmental Organizations adopted in 1997 is being revised by a draft Law on Non-Profit Legal Person with a view to improve the NGO-related legal regulation, to ensure the independence of NGOs in monitoring the state activities, to provide support for their public-friendly activities and to create an enabling legal environment for transfer of some state functions to CSOs and professional associations.

69.A working group on elaboration of this draft law was established by order A/257 of 2017 of Minister for Justice and Home Affairs. 40 percent of the members of the group are representatives of NGOs. The draft Law on Non-Profit Legal Person consists of 7 sections and 52 articles. The draft was discussed at the Government meeting on 25 September 2019 and submitted subsequently to SGH on 2 December 2019. The draft law is designed to regulate the relations between the state and non-profit legal person, their rights and duties, to ensure carrying out activities by non-profit legal persons independently from the state within the legal framework, to promote relations and cooperation on the basis of non-discrimination, equal opportunity and transparency, to participate in formulation and implementation of state policies, to exercise control over state activities and to have the right to work for safeguarding the interests of customers. The draft also contains provisions related to the public-friendly activities of the non-profit legal persons, including social welfare, health, education (support for civil and human rights education), protection of human rights and freedoms, elimination of discrimination, protection of nature and environment, support for socio-economic development, protection from disasters and protection of human rights defenders.

Draft law on Legal Status of Human Rights Defenders

70.The preamble of the Constitution of Mongolia provides for “cherishing human rights, freedoms, justice and national unity” and its Article 19 states that “The State shall be responsible to the citizens for the creation of economic, social, legal and other guarantees ensuring human rights and freedoms, to fight against violations of human rights and freedoms and to restore infringed rights”.

71.Proceeding from the recommendation given to the Government by the UN Human Rights Council in 2010 on protecting human rights defenders, work has been undertaken to create an enabling legal environment. A draft Law on the Legal Status of Human Rights Defenders was developed and submitted to SGH on 11 May 2020. The draft law contains provisions related to the definition of human rights defenders, their rights, respecting, protecting and ensuring their rights, prohibitions, promoting public awareness, aiming at strengthening the legal status of human rights defenders.

72.The draft law provides for the establishment of a committee on protection of human rights defenders at NHRC, to be comprised of currently working representatives of state and CSOs as members. There are certain membership criteria for representatives of civil society, which enable CSOs to put forward a candidate through a joint decision.

73.The approval of the draft law will clarify the activities of human rights defenders, encourage civil society and support their independent activity, protect discriminated persons, restore infringed rights and thus, create conditions for fostering universal human rights culture.

Reply to paragraph (7) (a) of the list of issues

Table 12

Poverty level and income gap of the population

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Poverty scope

38.7

38.8

33.7

27.4

-

21.6

-

29.6

-

28.4

-

Correlation of the overall income of the richest 10 percent of the population and the poorest 40 percent

0.92

0.92

0.93

1.04

-

1.04

-

1.03

-

0.99

-

Source: NSO, Unified statistic database, 2009 – 2019.

74.Clarification: Mongolia has been defining poverty level since 2012 every two years.

Reply to paragraph of the list of issues (7) (b)

Table 13

Proportion of tax revenues in budget revenue, 2009 – 2019

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Proportion of tax revenues in budget revenues

81.3

86.1

82.1

84.5

84.7

81.6

85.6

84.8

79.4

80.9

81.5

Source : NSO, Consolidated statistic database .

75.Clarification: This indicator was calculated by correlating tax revenues to the consolidated budget revenue and assistance amount.

76.Revenue, generated from taxes, constitute the prevailing part of Mongolia’s consolidated budget. In 2009–2019 its proportion was steadily 80–85 percent. In this period the tax revenue increased six-fold from MNT 1.6 trillion to MNT 9.8 trillion.

77.During this period, Mongolia focused its economic policy on tax revenues and tax tools. With the revival of the economy, the Government implemented measures designed to preserve the increased tax revenues, to establish a fund and to prevent the over-heating of the economy. But during the economic decline, the Government is undertaking comprehensive economic measures to reduce the tax burden, to prevent slowdown of business activities through providing donations to consumers and businesses, to support citizens’ income, to provide support to labour and financial markets and to prevent a fall in funding.

Reply to paragraph (7) (c) of the list of issues

Table14

Income amount of key tax tools in billion MNT, 2009 – 2019

Type of tax

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Income tax of economic entities and organizations

205.4

390.9

545.6

524.3

660.2

621.2

688.5

520.0

962.1

1 276.9

1 660.6

Personal income tax

128.2

160.9

232.3

347.0

449.0

479.8

482.3

523.4

651.0

814.2

895.2

Value added tax

326.0

579.1

1 114.4

1 296.5

1 435.1

1 371.7

1 049.6

1 140.7

1 618.5

2 195.9

2 486.3

Excise tax

166.7

268.5

294.0

312.4

449.4

454.4

592.3

630.1

519.7

754.4

863.4

Source : MoF .

78.Clarification: These types of tax are constituent part of income revenues of the consolidated budget.

79.Income tax of economic entities and organizations was MNT 205.4 billion in 2009, and in 2019 it increased approximately 8-fold reaching MNT 1.7 trillion. The stable and high growth of the economy, creation of favourable business environment as well as optimal tax policies served as main factors for rise in income tax amount of economic entities and organizations. This also led to a 7-fold increase of personal income tax and 5.2 times increase of excise tax.

80.Value-added tax increased from MNT 326 billion to 2.5 MNT trillion and the major rise took place in the last three years. The key factor for increasing this tax is the introduction of electronic registration system of VAT. Fast and easy registration of VAT bills by citizens and regular remuneration thereof, encouraging their right to demand VAT bills from organizations, has led to better registration of goods and to the enlargement of tax base and creation of citizen-friendly environment.

Reply to paragraph (7) (d) of the list of issues

Table 15

Percentage of consolidated budget expenditure in GDP and share of social welfare expenditure in the consolidated budget expenditure, 2015 – 2019

2015

2016

2017

2018

2019

Percentage of consolidated budget expenditure in GDP

30.8

39.8

33.2

29.0

31.6

Percentage of social expenditures in overall budget expenditure

50.6

42.8

47.8

51.5

47.3

Percentage of education expenditure in overall budget expenditure

14.3

13.2

13.7

15.6

15.3

Percentage of health sector expenditure in overall budget expenditure

8.2

6.9

7.5

7.7

7.1

Percentage of social insurance pensions and allowances in overall budget

18.9

15.4

17.6

19.3

17.5

Share of social welfare expenditures in the consolidated budget

6.8

5.2

5.9

6.5

5.8

Percentage of other social expenditures in overall budget expenditure

2.4

2.1

3.1

2.4

1.7

Source : MoF .

81.Mongolia’s budget expenditure in 2019 made up 31.6 percent of the GDP. For the recent years when the economy declined, the policy was directed at increasing the proportion of the budget expenditure to restore the economy, to encourage consumption and to support crisis-stricken citizens and economic entities, while at the time of economic growth the policy was to decrease this indicator to prevent over-heating of the economy and to reserve income. Therefore, the budget expenditure proportion in the GDP deviated between 30–40 percent.

82.Social expenses steadily account for 40–50 percent of the budget expenditure. These expenses go for raising citizens’ education, health protection, resolving of complex social problems, alleviation, and prevention of poverty. In terms of proportion in the budget expenditure, education makes up 13–15 percent, health 7–8 percent, social insurance pensions and allowances 15–19 percent and social welfare expenses account for 5–7 percent.

Reply to paragraph (7) (e) of the list of issues

Table 16

Social expenditure levels in billion MNT, 2015 – 2019

Social expenditure level

2015

2016

2017

2018

2019

Social expenditure

1 997.6

2 225.4

2 218.2

2 286.2

2 495.0

Education expenditure

564.04

686.26

636.29

692.80

807.69

Health expenditure

322.11

360.01

347.06

343.66

372.45

Social insurance pensions and allowance expenditure

747.49

799.35

814.51

855.11

922.21

Social welfare expenditure

269.15

268.66

275.87

288.11

304.60

Other social expenditure

94.77

111.07

144.51

106.55

88.08

Source : MoF .

83.Clarification: Calculating this indicator, absolute social spending was adjusted to inflation as mentioned in question (d) and counted in comparable costs of 2010.

84.Absolute social spending adjusted to inflation increased by 25 percent in 2015–2019. In this period, social spending increased in education sector by 43 percent, in health sector by 16 per cent, in social insurance by 23 percent and in social welfare by 13 percent, respectively.

Reply to paragraph (8) of the list of issues

85.Within the framework of implementing the recommendations given by the Human Rights Council in 2015 after considering the second national report on the situation of human rights in Mongolia, the Government set up a working group in November 2018 tasked to elaborate a national action plan (NAP) to implement the UN Guiding Principles on Business and Human Rights. The working group produced a roadmap towards drafting of the NAP and is conducting a national baseline assessment. Approval of the national action plan will be significant for improving the national system of protecting human rights, introducing human rights standards, enhancing the governance of state-owned and local companies, and for bringing the state-private sector partnership to a new level. This will also give a push to the implementation of Mongolia’s development policies, Government’s Programme of Action as well as of human rights programme and other relevant legislation and will facilitate the fostering of culture of respecting human rights in businesses.

86.The Law on Company, Law on Cooperatives, Law on Partnership, and other relevant legislation spell out the rights and duties related to setting up an economic entity. While package laws on tax and social insurance as well as the Labour Code and other relevant legislation regulate obligations related to human rights in the activities of economic entities. These laws and other legal acts provide for the PIA to carry out monitoring over the activities of economic entities and the implementation of human rights in their activities. With a view to improve the regulation of relations pertaining to human rights commitments in the activities of business and economic entities, it is planned until 2024 to improve Mongolia’s legislation and specifically, to revise the Law on Company and to draft laws on customer agreement and on out of court debt reduction.

87.Planned control and monitoring as well as research over the activities of economic entities are conducted and time-bound tasks and advice are given or legal liabilities are imposed on them to eliminate any violation.

88.MONEF, the National Chamber of Commerce and other organizations render support to economic entities in fulfilling their rights and duties while the Confederation of Mongolian Trade Unions and their branches render support to the implementation of workers’ rights in the activities of economic entities. Tripartite mechanism on social consensus comprising the Government, employers and workers has been functioning in Mongolia since 1990 having a positive impact on the implementation of rights and duties of economic entities and their workers.

Reply to paragraph (9) of the list of issues

89.Legal and policy environment for ensuring gender equality has improved and the national system has been developing successfully as a result of joint efforts by the Government, civil society, and international partner organizations. In 2011, the Law on the Promotion of Gender Equality was adopted. In pursuit of the law, the Government mid-term strategy (2013–2015) and national programmes on promoting gender equality for 2002–2015 and 2017–2021 were approved.

90.In this period, Mongolia’s gender policy planning has changed its “Women and Development” approach, which was relevant in the transitional period when women faced numerous urgent problems, to “Gender and Development” approach aimed at providing equal opportunity and choice to women, men and social groups and is in compliance with the specifics of the Mongolian society and the present development requirements. Today the NCGE headed by the Prime-Minister of Mongolia is operating steadily with branch gender councils established in the state administrative central organizations and branch gender committees in aimags with experts in charge of gender issues. These structures play a crucial role in formulating gender policies based on the sectoral and local needs.

91.The enactment of the Law on the Promotion of Gender Equality has resulted in inclusion of gender issues into the activity scope of NHRC beside SGH, the Civil Service Council and the National Statistics Office, leading to publication of thematic research and reports on gender and collection of gender-sensitive data. Information on gender inequality, GBV, including DV has become open to the public. Despite the country’s economic difficulties, budget allocations in support of gender policies continue to increase.

92.CSOs fighting for human rights and gender justice, especially women’s movement, are gaining strength and play a leading role in combatting violence against women, including DV, putting an end to human trafficking crimes and ensuring women’s participation in political decision-making.

Reply to paragraph (9) (a) of the list of issues

93.The Constitution of Mongolia, Labour Code and Law on Employment Support prohibit any discrimination, segregation or preferential treatment in labour relations as to race, origin, colour, age, sex, social status, property, job, position, education, religion and belief. The Law on Employment Support stipulates that citizens shall be employed on a voluntary basis. Therefore, the Government upholds, when formulating and implementing policies and activities in support of employment, the principle of openness of employment opportunities to anyone irrespective of sex.

94.Employment support activities are implemented within the framework of relevant legislation and policy documents.

95.The National Programme on Unemployment and Poverty Alleviation was approved by the Government resolution No.159 of 2019. The implementation of the programme enables the enlargement of inter-sectorial activities directed at alleviation of unemployment and poverty at the national level and increasing workplaces in the provinces.

96.A situational analysis of young male and female livestock breeders is planned to be conducted in 2020–2021 in support of women’s employment. 56.3 percent of citizens covered by the employment support programme are women.

97.The provision of the Labour Code on approval of a list of jobs prohibited for women is removed in the revised draft of the Labour Code. This will enable women to work at any workplace according to their will without any limitation.

98.The State renders support to women engaged in business through the Small and Medium-size Enterprise Fund. In 2019, 2743 economic entities and citizens applied for loans to this Fund. 778 or 28.3 percent of these applicants were businesswomen or economic entities run by female directors.

99.In 2019, the Fund provided in total MNT 4 billion-worth loans to 451 economic entities and citizens. MNT 8.7 billion or 18.5 percent of all loans went to businesswomen or to economic entities run by female directors.

Reply to paragraph (9) (b) of the list of issues

100.A policy was elaborated to develop gender-sensitive workplaces; its approval and implementation was discussed at the tripartite labour-social consensus mechanism meeting in 2019–2020. The policy provides for keeping balance of professional and private lives, promoting equal pay for work of equal value, preventing sexual harassment in workplaces, and receiving and addressing complaints. The tripartite labour-social consensus mechanism is in charge of drafting and implementing stage by stage the relevant regulations and methodological recommendations.

Reply to paragraph (9) (c) of the list of issues

101.Article 49.2 of the Labour Code provides for equal pay for work of equal value to men and women. Mongolia has acceded to the 100th ILO Convention concerning Equal Remuneration for Men and Women Workers for Work of Equal Value and is implementing its commitments under the Convention alongside the domestic legislation.

102.To raise awareness on the principles and concept of the Convention and to contribute to its correct application in practice, the ILO Handbook “Gender-Neutral Job Evaluation for Equal Pay” was translated into Mongolian with ILO support for use by social partner organizations, state and NGOs, scholars, teachers and schools specializing in human resources. This handbook contributed to better understanding of the term “workplace equity” and of how to conduct job evaluations.

103.Using the above-mentioned handbook, a methodological booklet was issued on evaluation and classification by jobs, profession, and grades, which was approved by resolution No.15 of the tripartite labour-social consensus national committee in 2014. According to this methodology, jobs shall be evaluated by 4 criteria such as professional skill, workload, responsibility, and workplace conditions. Regular training courses are held on this methodology for relevant organizations, economic entities and persons working in the field of labour relations.

Reply to paragraph (9)(d) of the list of issues

104.The legislation of Mongolia guarantees that men and women shall enjoy equal rights in social, economic, political, and other relations. Based on this constitutional provision, the Labour Code (Article 7), Law on Employment Support (Articles 4.1.1., 4.1.2.), Law on Rights of Disabled Persons (Article 6), Law on Seniors (Article 6) and Law on Promotion of Gender Equality (Article 6) prohibit discrimination of citizens as to age, sex, social origin, social status, religion and belief. Mongolia also acceded to the 111th ILO Convention on Discrimination (Employment and Occupation) committing to implement its provisions alongside the national legislation.

105.The implementation of these laws and the Convention is monitored by labour inspectors of the PIA. In case of any violation, the inspectors impose liabilities in line with the Law on Infringement to rectify the violations.

106.Work is being done stage by stage to introduce amendments to some relevant legislation based on the studies carried out by state and NGOs on the sexual harassment in workplaces. In 2019, an open discussion “Workplace- pressure-free environment” was organized. Following the proposals and conclusions of this discussion, an additional provision was introduced to the Infringement Law concerning liabilities for those organizations and economic entities which failed to reflect sexual harassment provisions in their internal labour regulations. Awareness-raising and information spreading activities were carried out on defining the sexual harassment in workplaces, ensuring gender equality, and redress mechanisms.

Reply to paragraph 9(e) of the list of issues

107.In Mongolia, livestock-breeders and self-employed citizens form two main groups of informal labourers. As more than half of these citizens are women, the Government strives to formalize the informal labourers, to involve them into social insurance, to find a flexible solution for timing of premium payment adjusting to their income period and to introduce electronic services. To encourage and accelerate the inclusion of livestock-breeders and self-employed people in social insurance, Law on Reimbursement of pension insurance premiums of livestock-breeders and self-employed people was enacted with effect from 1 January 2020. This law provides for a single opportunity to reimburse premiums which were not paid in 1995–2019. The pension age of livestock-breeders was reset lowering it by 5 years. When calculating their pension, one year of paid premiums is counted as 1.5 years. Mothers, who were covered by social insurance on voluntary basis, receive pregnancy and child delivery allowances 100 percent (previously 70 percent), mothers’ pension is set in relation to the number of children raised (1.5 years are to be added per child to premium paid period), insurance premium for mothers nursing their child of up to 3 years are paid from the welfare insurance fund. These measures have been undertaken through introduction of amendments to the relevant legislation.

108.As a result of these measures, the number of cattle-breeders covered by social insurance tends to increase in the recent years. As of 2019, 18.2 percent of the cattle-breeders have been involved in social insurance.

Chart 1

Number of livestock-breeders eligible for social insurance and number of insured livestock-breeders

109.The Government is working on relevant draft laws with a view to carry out a reform of the pension system, to establish a multilayer pension system and to introduce additional personal pension system.

Reply to paragraph (10) of the list of issues

110.The revised draft Labour Code was submitted to SGH on 26 March 2018. The following fundamental changes have been reflected in the draft Code:

•The scope of relations regulated by the Code has been broadened to enable application of labour laws from the moment of emerging signs of employment relations which shall be counted as the beginning of a labour relationship;

•The draft Code establishes basic norms of a labour relationship and improve the norms reflected in the legislation while other labour and social issues shall be resolved internally within the economic entity and organization or through consensus among employer, employee and his/her representatives;

•To balance the legally protected rights and duties of employer and employee, in addition to basic rights to be enjoyed by an employee in labour relationship, the draft law has specified essential duties of an employee to an employer;

•The draft Code includes a detailed regulation on fundamental international labour standards such as the freedom of association, non-discrimination, abolition of child labour, freedom from repression, and elimination of forced or compulsory labour;

•More specific provisions have been included regarding the establishment of fixed-term labour contracts, and establishment of open-ended contracts for permanent positions has been made obligatory;

•Specific regulations have been introduced with respect to emerging new forms of employment on the labour market, such as tripartite labour relationship, part-time work, distance work and working in remote areas on a rotation schedule;

•The Code includes provisions linking salaries and compensations with qualification degrees, establishment of a nationally sanctioned qualifications system and regulation of wages and annual vacations for part-time employees;

•Specific provisions have been included regarding working hours and leave of absence entitlements for employees working in mining sector who work in remote areas away from home on a regular rotation schedule;

•Labour disputes have been classified into interests disputes and rights disputes with rights disputes to be settled by a labour dispute settlement commission of an organization or economic entity, or tripartite labour dispute settlement committee of a soum or district, or court. Interests disputes are to be reconciled first through reconciliation between parties or in the next instance, by a labour intermediary or labour arbitrator, and as a means of last resort, by organization of strike.

111.Within the scope of implementing the Law on Employment Support, the following programmes, approved by the National Employment Council, have been carried out to promote employment amongst target vulnerable groups: “Job Preparation and Skills Development Programme,” “Workplace Support Programme,” “Youth Employment and Start-Up Support Programme,” “Employment Promotion Programme for Herders,” “Employment Promotion Programme for Persons with Disabilities,” and “Programme to Promote Consulting Services by Senior Persons.” Voluntary enrolment in these programmes is open to both men and women belonging to above-mentioned target groups with 56.3 percent of total beneficiaries being women.

112.“Job Preparation and Skills Development Programme” aims to promote job preparation and employment through supporting unemployed citizens by providing them with workplace and professional orientation, professional skills training, and on-job work experience. In 2015–2020 (as of April), a total of MNT 5.6 billion was allocated from the EPF for the implementation of the Programme which benefitted 28,476 citizens of whom 7,888 found permanent jobs.

113.“Workplace Support Programme” provides financial and other support to self-employed citizens and owners of cooperatives, micro businesses and small-scale service providers and thus, promotes creation of permanent jobs and workplace retention, rewards employers and contributes to increased income of job-seekers, students and apprentices of vocational education training schools through provision of temporary jobs. In 2015–2020 (as of April), a total of MNT 39.7 billion was allocated from the EPF for the Programme which benefitted 97,570 citizens of whom 8,677 found permanent jobs and 48,490 temporary jobs.

114.“Youth Employment and Start-Up Support Programme” aims to promote youth employment by providing young people aged 18–34 with common employment support services, involving them in employment promotion initiatives, supporting youth start-ups based on innovation and development of business skills and helping young people to ensure sustainability of these start-ups. In 2015–2020 (as of April), a total of MNT 8.81 billion was allocated from the EPF for the Programme which benefitted 10,951 young people of whom 1,795 found permanent jobs.

115.“Employment Promotion Programme for Herders” aims to promote employment among herders by offering job mediation for households that migrated from urban to rural areas and willing to herd livestock as well as by re-stocking livestock for citizens who have none or few animals. In 2015–2020 (as of April), a total of MNT 20.16 billion was allocated from the EPF for the Programme which benefitted 5,511 herder families and ensured permanent employment for 5,711 citizens.

116.“Employment Promotion Program for Persons with Disabilities” aims to promote employment among persons with disabilities and increase permanent workplaces for these people through job preparation, job mediation, skills training and their involvement in specially designed employment promotion and financial support initiatives. In 2015–2020 (as of April), a total of MNT 12.4 billion was allocated from the EPF for the Programme which benefitted 17,431 disabled people of whom 3,609 found permanent jobs and 305 temporary jobs.

117.“Programme to Promote Consulting Services by Senior Persons” aims to increase income of retired senior citizens by promoting their employment based on submitted requests which are entered into an information database and used for mediating senior persons to provide consulting services and thereby share their knowledge and work experience with young generation. In 2015–2020 (as of April), a total of MNT 3.82 billion was allocated from the EPF for the Programme which benefitted 5,617 senior citizens of whom 1,206 were provided with permanent jobs and 3,554 with temporary jobs.

118.To support self-employment, cooperatives and small businesses, microcredits were issued to 4,784 citizens and companies. The microloans support self and family employment, establishment of cooperative and partnerships, operation and expansion of small business, creation and retention of jobs. From 2015 to April 2020, microloans totalling MNT 46.9 billion, financed by the EPF, were issued through Golomt, State and Khan banks to 6,510 citizens, cooperatives and partnerships, creating 9,248 permanent jobs.

Reply to paragraph (11) of the list of issues

119.To prevent occupational accidents and work-related diseases, Mongolia adopted 17 newly devised or revised occupational health standards within the past five years. It is working to implement working condition assessments based on the new standards, replace measuring equipment to meet the new standards, enhance professional capability of staff, increase capacity and improve environment at the laboratories doing working conditions testing. A nationwide research of laboratories conducting assessment of working conditions was performed in 2019, and a comprehensive proposal on strengthening national assessment capacity is now being prepared.

120.Routine and requested inspections, violations rectification, and advisory services to prevent accidents and work-related diseases are carried out. For example:

•The PIA inspected 2,010 organizations in 2018 and found 368 of them in violation of the Labour Code and the Labour Safety and Health Law. It issued fines in the amount of MNT 445.4 million. In 2019, a total of 2,133 workplaces were inspected, and state inspectors issued and ensured the fulfilment of 1,119 rectification notices for 6749 violations;

•Preventive inspections of labour, health and safety conditions of 475 new organizations across 12 industries, i.e. education, agriculture, construction, mining and extraction, manufacturing, water supply and irrigation, waste management and environmental rehabilitation were conducted in 2019. Advisory services were provided to 1,469 organizations in 2018, and to 1,490 in 2019, resulting in 3,933 recommendations on 10,890 issues. Also, requests for inspections from 76 organizations were fulfilled, resulting in issuance of 119 certificates of operational safety for equipment and machinery, 102 assessment reports, 49 of which were industrial job safety analysis based on onsite measurement and evaluation of working conditions, 16-product assessments, 25- technical reports and 10- preliminary reports;

•State labour and occupational health inspectors verified 1095 industrial accident reports and investigated 1,032 cases of industrial accidents and 63 cases of acute poisoning guaranteeing the right of the victims and their families to receive compensation from the Social Insurance Fund.

121.Following measures were taken specifically with regards to the high-risk mining sector:

•The batch of standards on dust level measurement at workplace, choice of respiratory protection devices, decreasing exposure to dust were prepared and approved with the support of the “Strengthening Quality Infrastructure of the Mining Industry” project, implemented by the National Metrology Institute of Germany PTB;

•National audit on the implementation of the Labour Safety and Health Law in the mining sector was carried out in 2019. The report was discussed by the National Committee on Labour Safety and Health, and the work to include the relevant actions in the new OHS programme is ongoing;

•Preventive inspections were conducted in 2019 in companies engaged in transportation of coal, oil and other mining products through Gashuunsukhait and Shiveekhuren border crossings in Umnugobi aimag, Bichigt crossing in Sukhbaatar aimag, Khangi crossing in Dornogobi aimag and Bayankhoshuu crossing in Dornod aimag. The inspection was carried out at 86 locations, focusing on labour, health and safety and social protection. 439 violations were identified, out of which 86 were rectified on site. 68 joint rectification notices were issued with regard to the remaining 353 violations. As result of the inspection, 36 companies, found in violation of relevant laws and regulations, were fined in the amount of MNT 56.5 million under the simplified procedure of the Law on Administrative Offences;

•In accordance with the 2019 Government resolution No.236 aimed at increasing accessibility and capabilities to execute state monitoring of occupation safety in mining and infrastructure sectors through supply of necessary equipment and increase in number of state inspectors in the areas of geology and mining, labour, lifting equipment, water supply and sewage, drugs and biological supplements, oil and gas, SPIA increased the number of labour state inspectors by 16 and occupational health state inspectors by 3;

•To determine levels of silicon dioxide in mining mineral dust and concentration of airborne organic solvent vapours in the workplace air, 78 air probes were taken at 68 workplaces of 10 coal and iron ore mining companies, concrete and cement plants located in Ulaanbaatar, Uvurkhangai, Darkhan Uul, Orkhon, Khentii and Tuv aimags. Based on the results of the survey, recommendation on further actions was delivered to the mining companies.

122.Following trainings, advocacy and information campaigns were executed to prevent accidents and work-related diseases:

•In 2017–2019 MLSP, PIA, CMTU, MONEF conducted a month-long joint “Occupational Health and Safety and Accident Prevention” campaign to provide information and training to economic entities and organizations;

•An electronic database http://om.inspection.gov.mn was established under the auspices of the PIA to register data on workplace accidents and incidences of acute poisoning. It supplies the information directly to the consolidated statistics database of the NSO;

•Within the scope of the “Support to Employment Creation in Mongolia” project, a team consisting of EU international consultants and team leaders provided two rounds of trainings to around 260 people consisting of PIA labour and occupational health inspectors, teachers of the OHS Training Centre and various employers;

•The PIA organized trainings on labour, occupational health and safety and social protection for 972 organizations in 2018 and for 2,004 organizations in 2019, providing them with knowledge of regulatory framework, standards and risk prevention;

•In 2019 training on registration and statistics of accidents and acute poisoning events was provided to 512 people (overlapping data) of 270 economic entities and organizations. Advice on entering statistical information into the electronic database was provided to 330 employers.

Reply to paragraph (12) of the list of issues

123.To implement the Law on Combatting Domestic Violence, measures are taken to prevent occurrence of any form of violence as well as protection, social and psychological services are provided to the victims of violence. With the financial support from the “Combatting Gender-Based Violence” project, implemented in cooperation with UNFPA, one-stop service centres to protect women and children from DV and to provide them with necessary services were opened in June 2018 in Chingeltei and Sukhbaatar districts of Ulaanbaatar city with the capacity of eight and twenty persons respectively. Currently, there are 18 one-stop service centres and 15 temporary shelters for victims of DV nationwide.

124.Pursuant to the Law, “Regulations on Provision of Temporary Shelter Services, Social Welfare Services, Child Protection Services, Psychological Counselling and Organization of Mediating Activities” and “Regulations on Estimation of Variable Expenses per Person for Provision of Temporary Shelter and Protection Services” were approved by orders A/149 and A/150 of 2020 of Minister of Labour and Social Protection respectively.

125.Within the scope of the implementation of the Law and Programme on Gender Equality, gender education is continuously provided to governmental and non-governmental organizations, civil society, private sector and citizens. A special emphasis is given to the training of civil servants, improvement of their knowledge, skill set and sensitivity to gender-related issues.

126.In 2017–2020 the Government in cooperation with UNFPA implemented the “Combating Gender-Based Violence” project with the funding from the Swiss Agency for Development and Cooperation. The project aimed to improve prevention and build national capacity to combat GBV and DV through improving evidence, protection of victims, raising public awareness and increase of decision-makers’ knowledge and understanding of GBV and DV.

127.To promote gender equality through capacity-building at national and local levels, and improve public knowledge and awareness of the subject, the following measures were implemented:

•Gender education and information room was established with the joint funding from the Government and UNFPA;

•Gender and GBV prevention were included in the curricula of the Journalism and Public Relations School of the NUM. A manual for the journalism students entitled “Gender sensitive journalist” was published. The work to reflect gender issues in the curricula of other higher educational institutions for journalists and to conduct series of gender trainings for journalists is ongoing;

•NUM’s curriculum for social workers has been enriched with content relating to decreasing and preventing of DV and GBV. Also, a separate Gender issues subject was developed, and reflected in curricula of other social worker classes;

•“Gender and Policy Planning” training module and accompanying teacher’s manual were developed and used to train 104 trainers. In 2017–2020, over 96,000 civil servants were enrolled in training or advocacy activities;

•Around 60 women-leaders from 15 political parties participated in “Improving Legal Framework to Combat GBV” training and related advocacy activities;

•Several events to raise public understanding and awareness of gender issues are organized annually in cooperation with the governmental and civil society organizations and media institutions, i.e. International Women’s Day, 16-day Campaign to Combat GBV, White Ribbon Campaign and Movement:

•In 2018, GBV campaign united over 10,000 civil servants of almost 100 governmental organizations and reached 718,847 people, collecting 50,022 share and 5,751 comments, which showed a marked increase in outreach as compared to the previous year;

•In 2019, relevant governmental, non-governmental, international organizations and Family and Child Protection Department and Divisions of 21 aimags and nine districts cooperated in organizing public information and advocacy campaigns under motto “Understand, Respect”, which reached around 160,000 people;

•“Youth Participation in Combating GBV” campaign was organized to commemorate the 2019 International Women’s Day. As part of the campaign a conference on “Trust in Family Values: Youth Participation in Decreasing DV” was held;

•In 2020, a media campaign on “Women’s Participation in Decision-Making” was organized with the participation from nine media organizations and resulted in production of 27 articles and programs.

Reply to paragraph (13) of the list of issues

128.80 percent of the total population and 99.5 percent of Ulaanbaatar’s population are provided with guaranteed source of water. However, this indicator varies significantly between the capital city and aimags. For instance, population of over 20 soums in 7 aimags (Dundgobi, Dornogobi, Umnugobi, Bayankhongor, Sukhbaatar, Gobi-Altai, Khentii) consume highly mineralized and hard water. Around 50 percent of the population in Western and Central areas use water taken directly from rivers, springs, snow and ice.

129.41.1 percent of the total population in 2019 had access to adequate sanitation, out of which 26.4 percent were connected to a public sewage system. 40 percent of all inadequate sanitation were pit latrines, while 18.8 percent of total population still did not have access to sanitation.

130.Following measures have been taken since 2015 to decrease the gap in access to safe drinking water and sanitation between urban and rural areas and, in urban centers, between ger and apartment areas:

Measures to improve legal framework

•Revision of the Law on Urban Water Supply and Sewage Utilization is being drafted;

•State Policy on Housing and Utility Services was approved by the Government resolution No.94 in 2020. The document promotes sustainable management setting forth “universal provision of safe drinking water and adequate sanitation, and wastewater treatment at treatment facility” as goals to be reached by 2030;

•“Guidelines for Preparing Security Plan for Drinking Water” were approved by 2015 joint order 74/37 of Minister of Health and Sport and Minister for CUD;

•“Risk Assessment Guidelines for Water Supply and Sanitation System” were approved by 2017 joint order А/149/78 of Minister of Health and Minister for CUD;

•“Water Supply and Sanitation Types and Indicators Framework”, aimed at defining, evaluating, and reporting access to water and sanitation and sanitary conditions, was approved by 2019 order A/175 of the Head of NSO.

Measures to improve norms and regulatory instruments

131.Following is the list of newly approved or revised construction norms and regulations relating to water supply, sewage, and sanitation facilities:

•“Water Supply, Outdoor Network and Facilities” Construction Norms and Rules (“CNaR”) 40-02-16;

•“Water Supply and Sewage Inside the Building” CNaR 40-05-16 revised in June 2020;

•“Greywater System. General Requirements” MNS ВS 8525-1:2015 standard;

•“Pit Latrines and Wastewater Pits” MNS 5924:2015 standard;

•“Utilization of Treated Wastewater” batch of four standards MNS ISO 16075:2018;

•“Rainwater Harvesting System. Rules of Exploitation” MNS ВS 8515:2019 standard.

132.Within the scope of the goal to provide rural population with reliable source of safe drinking water, state-funded exploration and mapping of reliable sources of safe drinking water and water for household use is conducted annually in one or two soum centres; since 2015, 10 reliable water resources have been mapped.

133.Determining and confirming sources of drinking water for soum centres is important in providing the population with drinking water from a reliable source.

134.Following work was executed within the scope of water supply, sewage, household wastewater and treatment plant projects, implemented with state-funding or financed by domestic and international aid and loans:

Within the framework of the goal to provide population with reasonably priced drinking water

•Projects to protect and outfit water sources, install modern equipment and lower heat loss at schools and kindergartens were implemented in Khovd, Umnugobi, Bayankhongor aimags and Esunbulag and Jargalan soums of Gobi Altai aimag, Erdenedalai soum of Dundgobi aimag;

•“New Soum” and “Soum Centre Renovation” projects financed by the state budget, foreign aid and loans in Ulaanbaatar, and in 11 aimags and 4 soum centres built water reservoirs, artesian wells, water pumping stations, water treatment facilities, over 450 km of clean water piping network and circa 100 well houses, with 24 hour automated distribution systems;

•“Taishir-Altai Water Supply” project, started in 2018 and funded with the loan from the Government of Austria, is the first in Mongolia to use surface water for water supply system. Within the scope of the project, a water receiver, water transmission pipeline, water reservoir, water treatment facility and pressure pumping station are constructed and expected to be commissioned in 2021;

•Establishment of western groundwater wellfields of Ulaanbaatar city, connection of ger districts wellhouses to the centralized system, convert of wellhouse operation from manual to automatic/smart operation is planned with the grant from the USA’s Millennium Challenge Account;

•In order to improve the integrated management of water resources, the Government Implementing Agency- Water Authority was established in 2020.

Construction, renovation, and extension of wastewater treatment facilities

•New wastewater treatment facilities are being constructed in Ulaanbaatar city, Darkhan-Uul, Orkhon, Arkhangai, Uvurkhangai, Dornogobi, Umnugobi, Bulgan, Khuvsgul, Dundgobi, Sukhbaatar and Khentii aimag centres with the loan from the People’s Republic of China, ADB and the Government of France;

•Two new secondary sedimentation facilities and ten oxidation ponds were constructed at Ulaanbaatar central treatment plant with the state funding. Also 820,000 m3 of sludge accumulated at Ulaanbaatar central treatment plant and storage fields were treated and sanitized, and a new sludge dewatering facility was built and commissioned;

•Vault toilets were installed in 330 ger-area households in Uvurkhangai and Arkhangai aimag centres and in 350 households in Bayanzurkh district of Ulaanbaatar city. In two aimags the sludge from these toilets is treated at the central treatment facility of the aimag centre;

•A pilot project to produce soil improver and hardening agent for pressed fuel from sludge was successfully implemented in Arkhangai and Uvurkhangai aimag centres. The project is now ready for the production stage;

•Water recycling plant to further treat the effluent from the city’s central wastewater treatment plant, and to supply recycled water for the use in coal heating plants’ cooling system and ash dumps is planned to be constructed with the aid from the USA’s Millennium Challenge Account.

135.Preparation of general and partial plans for urban development and construction of engineering infrastructure facilities in 30 soums of 27 aimags, construction of clean water and sewage pipelines and wastewater treatment plants in 14 soums of eight aimags, extension and renovation of treatment facilities in two cities were completed through projects funded by the state and through foreign grants and loans. These works greatly contributed to increase of drinking water supply, equal access to sanitation, elimination of the gap between urban and rural areas, decreasing air, water and soil pollution in urban areas, and increasing capacity and availability of engineering infrastructure.

136.Gradual implementation of the above measures resulted in provision of basic drinking water supply services to 94 percent of the urban and 54 percent of the rural households, provision of sanitation services to 78 percent of urban and 50 percent of rural population, and to the subsequent decrease in air, water, soil and environmental pollution.

137.Also new water supply, sewage, and pipeline installations at soum centres and settlements helped to reduce migration to cities, increase small and medium entrepreneurship, create new employment, and provided opportunity to generate income and live comfortably in soum.

Reply to paragraph (14) of the list of issues

138.SGH approved the revised Law on Water Pollution Fees in 2019. The law revised upper and lower rates for water pollution fees based on the principle of heavier fees for greater pollution. It includes provisions to render policy support to citizens and businesses that recycle wastewater according to the relevant standards. For instance, businesses that have their wastewater treated at the treatment plant receive a three-year fee break. It also mandates allocation of no less than 50 percent of water pollution fees to renewal and maintenance of treatment facilities. Pursuant to the law, the following measures were adopted:

•“Water Pollution Fees”, “List of Businesses and Organizations to Receive Water Pollution Fee Reductions and Procedure for Calculation of Reduction Percentage” (2019 Government resolution 316);

•“Template for the Approval of the Wastewater Disposal and Removal Permission” (MET order 2019-A/719/189);

•“Determining the Reference Value for Pollutant Level in Wastewater” (MET order 2019-A/816/218);

•“Approval of the List of Water Pollutants” (MET order 2019-A/543);

•“Approval of Procedure on Using Stepwise Method in Levying Water Pollution Fees” (MET order 2019-A/635);

•“Approval of the Water Pollution Fee Template Agreement to be Concluded with Entities Directly Disposing Wastewater into the Environment” (MET order 2019-A/634);

139.These regulatory acts facilitate the implementation of the Law, enabling economic entities and organizations to treat and recycle wastewater according to the standards, and thus drastically decrease the load of treatment facilities and reduce environmental pollution.

140.Aimag and capital city’s Environment and Tourism Departments, water basin administrations and other relevant organizations, tasked with the implementation of the law, provide local population and businesses with relevant information, and work to increase awareness of the law.

141.Steps to increase the capacity of wastewater treatment plants contributing to water pollution, and to shut down the activity of businesses engaged in gold mining at the source of major rivers (e.g. Orkhon, Gutain Davaa) were also taken.

142.“Environmental Outlook Report” is produced every two years and presented to SGH and made available to the public. In 2019, Environmental Outlook Report 2017–2018 was produced and placed on the website of MET.

Reply to paragraph (15) (a) of the list of issues

143.Within the effort of improving the legal framework, the Law on Organic Food was approved in 2016 and Law on Food Enrichment in 2018. To ensure food safety, SGH in 2015 approved the “State Policy on Food and Agriculture”. In line with the policy goal to develop “logistical network that ensures adherence to storage and transportation standards at all levels of the food supply chain”, work is underway to establish food trade logistics system. For instance, the state and the private sector are cooperating to establish animal slaughterhouses and specialized meat trading centres equipped with warehouses to the east and the west of Ulaanbaatar city. Feasibility study on establishment of Potato, Vegetables and Fruits Trading Complex in Ulaanbaatar city was completed in 2018. Currently, funding is sought for the establishment of this complex. It is expected that the establishment of these logistical trade centres will form a safe food distribution system for the population.

144.To form effective distribution system for affordable and safe food, there is a need to create a legal framework for trade. Therefore, the Government is working to draft a law on trade.

145.To ensure food safety and create conditions for Mongolians to be healthy, “Healthy food” Healthy Mongolians” National Programme was approved by 2019 Government resolution No.52. Implementation of this programme until 2023 will create possibility to ensure sustainable and balanced food supply, improve nutritional qualities of the food, provide safety of raw materials and products within the food supply chain, develop export oriented food sector, create structure and optimal system to ensure food safety, strengthen human resources capacity of the food sector.

146.Mongolia’s food safety indicators are calculated annually according to the methodology approved by the head of the NSO and are distributed by the NSO to the public.

Reply to paragraph (15) (b) of the list of issues

147.According to the national study “Population’s Food and Nutrition” conducted in 2016–2017, prevalence of overweight and obesity is increasing across all age groups, regardless of region or income level. According to 2017 figures, 11.7 percent of children under five, 22.2 percent of children aged 6–11, 46.2 percent of women aged 15–49, 48.8 percent of men aged 15–49 are overweight or obese.

148.To control and reduce child obesity, “Regulations to Evaluate, Register and Survey Child Bodyweight” have been implemented in all schools and kindergartens since 2019. A pilot project to introduce healthy lifestyle to school children is being implemented in Bayanzurkh district of the capital city and in schools at Bayankhongor, Zavkhan and Gobi-Altai aimags.

149.In 2017, SGH approved the Law on Infant and Toddler Food. In 2020, the Government approved “Support for Healthy Food and Proper Diet for Mothers, Infants and Children” National Programme.

150.To regulate advertisement of food and drinks for children, “Guidelines on Placing Nutritional Information on the Front of the Food Packaging Labels”, Guidelines on Regulating Food Advertisement Aimed at Children” and “Procedure on Packaging and Labelling of Milk Formulas, Supplemental Feeding and Feeding Implements for Infants and Children” were approved by the order of Minister of Health and are implemented.

151.Initiative to decrease consumption of food that negatively affects human health is now at the research phase. Research on “the Economic Calculations for Levying Taxes on Sugary Drinks” was carried out in 2017 and, in 2020, a discussion on “Consumption of Carbonated Drinks “ Negative Effects on Health” was organized.

152.2019 “Fourth National STEPs Survey on the Prevalence of the Non-communicable Diseases and Injury Risk Factors” found that the daily salt consumption of Mongolians aged 15–69 is still twice the amount recommended by the WHO.

153.“National Strategy for Reducing Salt Consumption 2015–2025” is being implemented upon approval by 2015 Government resolution No.353. “Let’s Support Low-Salt Products” campaign to encourage food producers and service-providers to make low-salt products was organized in 2018–2019.

154.“National STEPs Survey on the Prevalence of the Non-communicable Diseases and Injury Risk Factors” found that 96.4 percent of the population consume 5 or less items of fruit and vegetables a day which is lower than WHO recommendation.

155.To support healthy, proper diet of schoolchildren and provide them with hot lunch at schools, SGH approved the Law on School Food Manufacturing and Services in 2019. The “List of Products Prohibited from Selling in School Proximity” and “The List of Raw Materials and Products to Be Used in School Food Manufacturing and Services” were approved and being executed to facilitate the implementation of the law. The National Programme to Support School Food Manufacturing and Services is being implemented following its approval by 2020 Government resolution No.207.

156.To decrease incidence of vitamin and mineral deficiency in women and children, high-dose vitamin A has been distributed to young children every May and October since 2013. Procurement of multicomponent micronutrients for children and women have been included in the budget of the family, soum and village medical centres with annual spending of MNT 1.2 billion since 2017.

157.A low-cost way to prevent and control vitamin and mineral deficiency in total population is enrichment of consumer foods such as flour and salt. To this end the Law on Food Enrichment was enacted by SGH in 2018.

Reply to paragraph (16) of the list of issues

158.The Law on Medical Care Services was newly adopted in 2016. The law regulates relations pertaining to the organization, management, financing and monitoring medical care services provided to the population. For instance, the law regulates organization and function of each care service, registration and reference of medical practitioners, care and services to be provided at each level, management and organization of state- and aimag-owned hospitals, selection of their board members and requirements thereof, executive management of specialized and clinical hospitals, their rights and responsibilities, care and services to be provided by maternity hospitals, nursing centres, rehabilitation centres and sanatoriums, financing of medical care and services, rights and responsibilities of doctors, and certification of hospitals.

159.Amendments to the Law on Health Insurance were approved by SGH in 2020, and now citizens can, through their insurance, receive all types of medical care services without red tape and purchase discounted medicines with prescription from a doctor working at a hospital of any level. Amendments to improve quality control of medical care services provided to citizens through health insurance organizations, bring medical services closer to international standards, digitalize data, increase work performance and efficiency of doctors and medical workers were made to increase efficiency of healthcare financing reform. (See detailed information at 2.b.7).

160.To decrease prevalence of liver cancer, one of the main causes of mortality in the country, the Government implemented Healthy Liver National Programme between 2016 and 2020. Under the programme, 1.3 million people were tested for Hepatitis B and C, and 20,814 people with Hepatitis C and 14,437 people with Hepatitis B received treatment for the virus. Health Insurance Fund spent MNT 48.9 billion on these activities, providing discount of MNT 210 thousand per box of five types of medicines to treat Hepatitis C and B, and a discount of MNT 60–150 thousand for two single-component medications.

161.Since the first case in 1992, a total of 286 HIV cases have been registered in Mongolia. Sexual transmission accounted for the majority (98.4 percent) of registered cases. No transmission through blood and blood products, or through provision of medical services occurred, also no mother to child transmission was registered.

162.Law on Prevention of HIV/AIDS was first approved in 2004 and revised in 2012. Article 5.1.2 of the revised law states that central state administrative body in charge of healthcare shall be responsible for issuing official information with regards to HIV/AIDS, Article 8.3.5 prohibits dissemination of information on persons diagnosed with HIV/AIDS, and Article 11.3 prohibits organizations, officials or citizens to disseminate information on people infected with HIV/AIDS, except for the cases outlined in the law.

163.The Law on Personal Secrecy classifies information on having had any disease as health secret, with the exclusion of instances of some communicable disease, considered to be a danger to the public. Confidentiality of people living with HIV/AIDS is being protected in line with the above legislation.

Measures to decrease spread of communicable diseases

164.The National Control and Prevention Programme for Communicable Diseases was approved by 2017 Government resolution No.11, with the aim to decrease spreading of communicable diseases through conducting disease surveillance and prevention, building capacity for immediate, flexible, accessible and quality response to outbreaks.

165.In the past ten years, there were on average 45,902 cases of 31 communicable diseases, which is a 10-year average of 157.2 cases per 10,000 of population.

166.STIs account for 35–40 percent of total infections. For the past five years prevalence of STIs remained persistently high, with the syphilis infections on the rise. Therefore, Eradicate Syphilis Campaign was carried out nationwide, providing information, training, and advertisement to the population on prevention of STIs, taking measures to bring people in for testing and doctor visits. As a result, 370 thousand people received treatment and diagnoses.

167.Mongolia is one of seven countries with high burden of tuberculosis in WHO’s Western Pacific Region. An international conference on Seeking Ways to Eliminate Tuberculosis in Asia was organized under the auspices of the Prime Minister of Mongolia, providing venue for the Asian countries to exchange experience in combating tuberculosis.

168.Government took measures to ensure uninterrupted supply of TB drugs that conform to the international standard requirements. The drugs are provided to the patients 100 percent free of charge.

169.Introduction of new rapid testing methods for MDR-TB (mycobacterium detection, molecular-genetic, molecular-biological, the new Hain method) at the National TB Reference Laboratory since 2014 played an important role in decentralizing care and services, rapid diagnosis of TB by decreasing testing time for MDR-TB from 56 days to 2 hours, increasing cure rates and thus bringing down the spread of TB.

170.In recent years participation of businesses and citizens in TB detection has been increased, and active testing performed at general education schools.

171.A project to decrease treatment time of MDR-TB from 24 to 9 months was successfully implemented nationwide.

172.Measures to decrease prevalence of communicable diseases at local level are being implemented through cooperation agreement between Minister of Health and aimag governors.

Reply to paragraph (17) of the list of issues

173.According to the 2015 survey, one in five people in Mongolia suffers from anxiety and nonorganic insomnia, one in six from chronic fatigue, one in eight has inexplicable symptoms, one in fifteen is addicted to alcohol and one in sixteen suffers from depression.

174.2013 WHO survey of adolescents aged 13–17 attending general education schools in several countries found that 23 percent, or one in five children in Mongolia had suicidal thoughts, while 9.3 percent, or approximately one in ten made attempt at their life, leading to a conclusion that “the mental health of adolescents show signs of depression with long-lasting implications”.

175.In recent years there has been substantial increase in alcoholism, alcoholic delirium, depression, suicides, poisoning-induced mental disorders, and in childhood behavioural and emotional disorders. Mental illnesses account for 19 percent of all disability cases in Mongolia.

176.In 2013, SGH approved the newly-revised Law on Mental Health, the amended Law on Combating Alcoholism, Law on Controlling Circulation of Narcotics and Psychotropic Substances and the newly-revised Law on Mandatory Treatment of Alcoholic and Narcotic Addiction. The Government successfully implemented the Second National Programme on Mental Health (2010–2019) and National Programme on Combatting and Controlling Alcoholism (2003–2012).

177.Introduction of psychotherapy, one-on-one and group therapy in 2015, and, in 2016, of several diagnostic tests such as Szondi test to determine changes in individual’s interests, needs, and mental state, Signal test to evaluate suicide risk, Landolt test to evaluate intellectual capacity and attention, Children’s Package Test to evaluate child’s mental development, made it possible to early diagnose pressing mental issues and syndromes. The drawing therapy has been introduced in 2018.

178.To improve provision of mental health services, participation from other sectors was increased, a centre for free and anonymous psychological assistance, child-protection emergency call line 108 with psychiatric professionals were launched in Ulaanbaatar, where other professionals are being provided with methodological training and assistance. Starting from 2018, the Drug Programme of the Colombo Plan, aimed at drug addiction prevention, treatment and rehabilitation was successfully implemented in cooperation with MoJHA, and a 24-hour information line 1800–2000 was established.

179.To protect mental health and provide health education to the population, webpage http://ncmh.gov.mn/ was launched. Interactive lessons covering 24 topics on the most common mental disorders affecting children and adults were prepared and are disseminated through all information channels to citizens.

Reply to paragraph (18) of the list of issues

180.MASM issued Standard MNS5548:88 on “Comprehensive Abortion Services”, and MoH adopted and implemented “Abortion Regulation Procedure” and “Guidelines for Providing Girl–Specific Medical Care and Services” and “Providing Medical Care and Services to Pregnant Adolescent Girls”. The guidelines stipulate that depending on age, growth, developmental specifics and the issue at hand, taking of medical history, examination of the reproductive organs, testing and diagnosing can be performed only upon consent of parents, guardians or companions for young girls, and for adolescent girls that must be voluntary and based on their consent.

181.Minister of Health, by 2019 assignment No.12 on “Provision of Healthcare and Prevention of Violence”, established a team of doctors to “research causes and conditions leading to pregnancy, abortion, delivery, and early marriage in underaged girls, and to improve early detection, treatment, registration and surveillance of STIs and TB”.

182.Some pregnancy monitoring indicators for disabled women were newly included in the health statistics, contributing to the completeness of medical data system and allowing policymakers and decision-makers to have access to evidence-based data.

183.“Confidentiality and Information Disclosure Procedure for At-Risk Children in Healthcare” was approved in 2018 and “Medical Professionals’ Ethics Code” in 2019.

184.21,199 adolescents visited Medical Offices for Adolescent at nine UB districts as well as Adolescent clinics in 2019.

185.159 peer trainers were prepared in 2019 through eight rounds of training. Also training on various topics such as reproductive health, prevention of STI/HIV, harm of alcohol and tobacco consumption, prevention of accidents were organized for 11,515 students of 76 general education schools. Trainings on adolescents’ health and reproductive education were provided to 6,739 parents and guardians and 621 school doctors.

Reply to paragraph 19(a) of the list of issues

186.The Law on Air, Law on Air Pollution Fees and their 30 accompanying rules, procedures, norms and methodologies as well as 40 standards were newly approved or revised; their implementation is ensured and monitored.

187.The Government approved the National Programme on Reducing Air and Environmental Pollution in 2017. The implementation of the National Programme that aims to decrease air and environmental pollution by 80 percent by 2025 through creating a system to promote public participation, expansion of scientific research, reduction in pollution from vehicle emissions, urban planning, infrastructure development and introduction of environmentally friendly technologies, is underway.

188.The main sources of air pollution in UB are: fuel burnt by 216 thousand households in the city’s ger districts, emissions from over 400 thousand vehicles that come out daily on city’s streets, and fumes from the four major thermal power plants operating in the city.

189.The Government issued a resolution on “Prohibition of Raw Coal Usage” in 2018, and from 15 May 2019 the ger district inhabitants in UB have been provided with improved pressed fuels. The Ulaanbaatar Air Quality Improvement Zone and related procedures were revised to strictly define the rights and responsibilities of citizens, businesses, and government organizations in relation to transportation, storage, and sale of improved fuel.

190.Over 400 fuel distributors have been consigned to create a distribution system for the improved fuel, ensure fast and accessible delivery of fuel, and prevent price hikes. They receive MNT15, 000 promotion fee for every ton of fuel sold.

191.In addition to prohibiting use of raw coal to improve the air quality, evening and night electricity tariffs for ger area households have been reduced. Since 2017, 327,500 households (overlapping data) received electricity at reduced tariffs for the total reduction of MNT 35.7 billion. The following measures to create technical capacity to provide electrical heating to 42,000 ger district households were taken: expansion of electricity transmission network, increase of substation capacity, elimination of customs tax and VAT for four types of air cleaners and ten types of electrical heating devices to support residential heating by low-energy consumption heaters.

192.In order to decrease raw coal consumption of steam and water heating boilers, 60 boilers were taken down, and consumers connected to the central heating system, 400 private boilers switched to electricity and 1740 boilers were supplied with improved fuel, thus decreasing the raw coal consumption by 78 thousand tons only within the past year.

As a result, air pollution in Ulaanbaatar in 2019 decreased in comparison to 2016 baseline by 143µg/m3 or by 56 percent for PM2.5 particles and by 141µg/m3 or 50 percent for PM10 particles.

Table 17

Core air quality indicators

Pollutant

Average concentration (December), µg/m 3

Baseline

Achieved result

2016

2019

РМ2.5 particles

256

113↓

РМ10 particles

279

138↓

Sulphur dioxide, SO 2

89

106↑

193.Sulphur dioxide level increased by 17µg/m3 or 19 percent as compared to the baseline. Gasoline and other fuels sold in Mongolia have a very high, i.e. 2000 ppm content of sulphur dioxide. Comparison of air quality on 18 May 2019, a no-car day, to a regular day, showed sulphur dioxide levels 4–20 times higher, proving that the traffic is the main contributor to increased sulphur dioxide levels.

194.The following measures are planned to decrease air pollution in Ulaanbaatar and other large cities:

•Increase production of improved fuels;

•Create possibility of electrical heating of households through extension of electric transmission lines and provision of reduced tariffs for night consumption;

•Connection of small and medium-sized heating boilers to the central system;

•Introduce new, progressive technology to decrease environmental pollution, provide support through green loans;

•Provide partial solution to the ger district households, not connected to the central heating system;

•Provide resettlement into apartments programs aligned with the income level of the ger district households;

•Gradually decrease the import of aged vehicles;

•Improve quality of gasoline and fuel, ensure adherence to standards and requirements. Gradual implementation of these measures will achieve the goal of decreasing air and environmental pollution down to standard levels.

Reply to paragraph (19) (b) of the list of issues

195.In 2015, SGH approved the State Energy Policy and the Government approved the Mid-term National Programme for the Implementation of the State Energy Policy (2018–2023).

196.The State Energy Policy determines development of renewable energy as the main goal needed for the development of the Mongolian energy sector and achievement of sustainable development. The Policy stipulates increase of renewable energy share in the total installed capacity to 20 percent in 2020, and 30 percent in 2030.

197.As a result of various measures undertaken by the state, the following renewable energy projects were commissioned: Salkhit wind farm with installed capacity of 50MW in 2013, Darkhan solar plant with installed capacity of 10MW, Monnaran solar plant with installed capacity of 10MW and Tsogttsetsii wind farm with installed capacity of 50MW in 2017, Gegeen solar plant with installed capacity of 15MW in Zamyn-Uud, Buhug solar plant with installed capacity of 15MW in Sergelen soum of Tuv aimag and Sumber solar plant with installed capacity of 10MW in Gobi-Sumber in 2018. Based on the 2020 data, total capacity of renewable energy in Mongolia reached 230MW and accounts for 19.6 percent of total installed capacity.

198.Several projects and activities aimed at improving flexibility of the energy system are being implemented by the Ministry of Energy. For instance, work is underway to construct 100MW Battery Energy Storage System (BESS) with ADB’s support to ensure sustainable operation of the growing renewable energy industry and increase reliability and independence of the energy sector. Also, a feasibility study is underway for the construction of 100–150MW Water Storage System with the support from the World Bank. Upon implementation of these projects, it will become technically possible to increase renewable energy sources in the Central Region.

199.Solar and wind power plants, BESS projects with total projected capacity of 41MW will be implemented in five western aimags of Mongolia to further increase the share of the renewable energy. The projects will be financed through the grant from the Global Climate Fund and soft loans from the World Bank and ADB. The construction of the 90MW Erdeneburen hydropower plant started in this region. Furthermore, the preparatory stage of the project to transfer the power system of these aimags to smart operation and install consolidated SCADA management system was launched. By implementing these projects, the western aimags will become a model region for their renewables-based power system.

200.Mongolia is working to mobilize its vast renewable energy resources not only for domestic consumption but, also, through regional cooperation in power sector, to supply other countries of North-East Asia with clean energy. One example of such cooperation is the North-East Asia Super Grid.

201.Within the framework of this initiative, Mongolia is conducting a research on the region. In case of successful implementation of the project, Mongolia will be able to share its vast resources of renewable energy to export clean energy to other countries in the region.

202.As per Article 5.3.5 of the Renewable Energy Law, a Procedure on “Purchasing Energy Produced from Renewable Sources from Households” was developed and approved. The Procedure regulates relations related to connecting renewable energy generators owned by individuals or economic entities to the grid and purchasing their surplus energy. Currently the registration of the Procedure to the State Register of Administrative Acts is under way and the implementation process will follow.

Reply to paragraph (20) of the list of issues

Establishing regulatory environment

203.Provisions on the right of persons with disabilities to education are included in the State Policy on Education, Law on Education, Law on Pre-School Education, Law on Primary and Secondary Education, and Law on the Rights of Persons with Disabilities, and conform to the principle of basic rights of persons with disabilities. The following activities are carried out in line with the above laws and policy documents:

•The Government approved in 2017 the National Programme to “Support Human Rights, Participation and Development of Persons with Disabilities”. The Programme calls for activities to ensure equal inclusion of children with disabilities in education, and in pre-school educational services. Activities such as creation of teaching assistant’s position, financing of related salary expenses, templates for one-on-one teaching plans, methodology, services of visiting teacher for children with disabilities have been introduced and are becoming regular;

•“Guidelines on Providing Comprehensive Support to Children with Disabilities”, “Decision Template of the Health, Education and Social Protection Sectoral Commission on Children with Disabilities”, “Registration Template of Children with Disabilities” have been approved by the tripartite order A/304/699/460 of Minister for LSP, Minister for ECSS and Minister of Health. Implementation of these documents that contain all guidelines related to providing comprehensive support, including in areas of health, education and social protection, to children with disabilities is ongoing;

•“General Education Curriculum for Children with Cognitive Disabilities”, “High school Curriculum for Children with Cognitive Disabilities”, “General Education Curriculum for Children with Hearing Impairments”, “School Curriculum for Children with Visual Impairments” were revised and approved by the 2018 order No. A/491 of Minister for ECSS. Also, Curricula for Children with Hearing Impairments on Primary School Preparation, Mongolian language, Mathematics, Speaking and Writing, Physical Objects, and Aerobic Exercises were approved by the 2018 order No. A/492 of the Minister. These curricula and programs included increased time for lessons supporting the development of children with disabilities;

•To support children with disabilities in acquiring proper education through flexible approach, that considers specific developmental needs of the child a “Comprehensive Template of One-on-One Curriculum” was piloted during 2015–2016 academic year. The template was improved based on the results of the pilot and approved by the 2018 order No. A/155 of Minister for ECSS “On the Approval of the Comprehensive Template and Methodology”. This curriculum includes long and short-term goals, learning materials, teacher’s support, methodology planning, implementation, evaluation, and conclusion tailored to the specific needs of every child with disabilities;

•Provision 3.15 of the “Procedure for Evaluation of Students of General Education schools and of Teaching Quality” states that “students studying according to the curriculum for children with special needs shall be evaluated by the criteria aligned with this curriculum/program. The evaluation criteria shall be developed by the educational science and methodology institution in cooperation with the educational evaluation institution.” Provision 3.16 stipulates that there should be an ongoing evaluation of the development and change progress of students studying on one-on-one curriculum, based on the learning abilities and specifics of disability. Decision on progressing to the next class and on school graduation shall be made by the examination commission mentioned in provision 4.6 of the current procedure, based on the grades. These provisions carry a special importance in creating educational policy environment to facilitate equal access to education for children with disabilities;

•In line with the “Procedures to Provide Equal Inclusion of Children with Disabilities in General Education Schools”, school-level Support Teams and Aimag/District Councils to Support Inclusive Education for Children with Disabilities were formed in 21 aimags and nine districts of Ulaanbaatar City. In line with the 2018 “Methodology and Advice on Developing One-on-One Curriculum”, the work is underway to develop one-on-one curricula, conduct monitoring and analysis of their implementation, cooperate with professional organizations, provide learning environment, and implements. In 2018–2019 academic year, 398 children learned as per the above curricula. 2018 order No. A/261 of Minister for ECSS on “Establishing Learning Conditions for People with Disabilities in Higher Education”, mandates educational institutions with more than 300 students to have an officer tasked with providing support to the students with disabilities;

•As of February 2020, there are 612 students with disabilities studying at 103 higher education institutions in Mongolia, with the grant from the Educational Loan Foundation;

•The Government Resolution No.208 of 10 June 2020 established a 10 percent additional pay for teachers at conventional kindergartens and schools who work with children with disabilities, and “Instructions on Issuing Additional Pay to Teacher and Teaching Assistants Working with Children with Disabilities” was approved by the 2020 order No. A/296 of Minister for ECSS.

204.These regulatory documents will positively influence enrolment of children with disabilities, who currently do not attend educational institutions, in their neighbourhood kindergartens and schools as well as work quality and performance result of involved teachers.

Inclusive education for children with disabilities

205.According to the statistics, 1087 children with disabilities attended kindergartens and 6,518 children attended general education schools nationwide in 2018–2019 academic year, with inclusion rate of 74.1 percent, whereas in 2019–2020 academic year, 1067 children with disabilities attended kindergartens and 6,301 children with disabilities attended general education schools, with inclusion rate of 75.3 percent. Out of these, 1,751 studied at special schools.

206.In 2018–2019 academic year out of 7,296 students at 355 CLEs 12.8 percent, or 933, were people with disabilities. Out of all students with disabilities 42.1 percent received primary education, 47.2 percent – basic education and 10.7 percent completed secondary education.

207.Home schooling for bedridden children and children with severe disabilities is organized through CLEs in eight aimags and two districts. Out of 131 participating children 55 percent are boys, and 45 percent – girls.

Activities to support educational activities of students with disabilities

208.Methodology Sector for the Development and Education of Children with Disabilities was newly created at the Pedagogical Institute by the 2019 order A/625 of Minister for ECSS with the aim to conduct scientific research, elaborate development methodology for children with disabilities and operate the Development Centre for Children with Disabilities. This centre operates in Ulaanbaatar and supports children with disabilities, their parents and teachers.

209.“Mongolian Braille Alphabet Standard” was approved in 2019. The approval of this standard paves the way for visually impaired persons to participate in social relations on par with other people. It will also be used to provide basic understanding and knowledge of Braille to teachers and to teach letters to visually impaired persons who had no chance to achieve literacy through CLEs.

210.In 2020 Ministry of Education and Science established a Special Needs Education Department in charge of all policy and methodological issues related to ensuring the right to education of people with disabilities at educational institutions of any level. Also, the “Cost Regulation for Lunches at Special Schools” was approved by the 2020 Government Resolution No 162.

211.Two trainings of trainers were conducted under the JICA-supported Portage Programme aimed at early detection of special needs and disabilities in pre-school children, early intervention, and provision of equal access to education, ensuring inclusion in pre-school education regardless of child’s disability.

212.MoECSS, in cooperation with Kindergarten No.186, Special School No.29, Education without Hearing NGO, and Association of Sign Language Translators and Interpreters, is piloting the “Early Participation Programme” for children with hearing impairment and speaking disorders at pre-school and primary school levels. JICA’s Strengthening Teachers’ Ability and Reasonable Treatments for Children with Disabilities (START) Project was implemented between 2015 and 2020 in Khuvsgul aimag, Bayangol district and at four special and eight regular schools of Ulaanbaatar.

213.Under the framework of UNICEF’s “Inclusive, Healthy and Quality Learning Environments” and Save the Children (Japan)’s “Promoting Inclusive Education for Every Child in Mongolia”, parents and teachers were provided with methodological support and necessary implements to provide accessible education to children with disabilities enrolled in general education schools and CLEs in Bayanzurkh district of Ulaanbaatar, Khovd, Bayankhongor, Zavkhan, Gobi-Altai and Uvurkhangai aimags.

Development and distribution of textbooks to children with disabilities

214.To supply children with disabilities with learning possibilities and study materials, Mongolian language and Mathematics textbooks for 1–5 grade children with cognitive and hearing impairments were written, printed and delivered in 2017–2019.

215.UNICEF’s “Inclusive, Healthy and Quality Learning Environments” project covered over 90 students and 550 people at six schools. One of the project’s activities was creation of a “Friend” app, an easy communication tool, to help children with disabilities to overcome possible difficulties while attending a general education school. The app facilitates direct communication of children with disabilities with other students and includes 85 basic words and phrases necessary to request assistant or use in emergency. Children can also add their own words, images, and voices to the app.

216.29,700 copies of the following publications were printed and distributed to all state schools and CLEs in 2019: “Determining Developmental Level of Children with Severe Disabilities and Applicable Teaching Methods”, “Methodology and Materials to Support Children with Cognitive Delays and Behavioural Disorders”, “Let’s Learn Sign Language” study cards for children with hearing impairment, and “Digest of Six Icons” booklet to increase vocabulary of children with speech disorders.

Training and retraining of teaching personnel for special needs education

217.In 2018, the MNPU launched the Special Needs Education Faculty. In 2019–2020 academic year there were 96 students studying at the Faculty.

218.In 2018, three-day specialization courses were organized for five target groups of special schools and kindergarten workers working with children with visual, hearing, and cognitive impairments. The courses were organized in nine shifts and enrolled 392 participants.

219.The following trainings that included 1,584 teachers, teaching assistants and parents were organized in 2019 in cooperation with eight organizations: “Understanding Disability (Social Model)”, “Methods of Working with Children with Disabilities”, “Function and Work Methodology of Portage Programme of Supporting In-Family Development of Children with Disabilities and Children with Suspected Disabilities”.

220.In 2019–2020 academic year, 2,137 teachers and managers of educational institutions received professional and methodological assistance by participating in an online course on Inclusive Education. The Professional Development Department provided a 112-hour course on inclusive education for 3,291 teachers out of which 1,200 teachers of 14 subjects were in their 10th year of work, 722 teachers of 13 subjects in their 5th year, and 1360 teachers on 13 subjects in their first year of work.

221.In 2018, eight students were sent to study special needs education at pedagogical institutions in Moscow and Tomsk.

Measures to improve the learning environment

222.In 2018, with the investment from the state budget, major repairs costing MNT 500 million, school buses costing MNT 1 billion, furniture and special learning implements costing MNT 500 million were supplied to the general education schools No.25, 55, 63, 70 and 117, kindergartens No.10 and 186. Also, MNT 4.9 billion budget for the construction of the kindergarten for children with disabilities with the capacity of 120 children was approved and construction started.

223.“Ireedui” school complex of Khuvsgul aimag was awarded “The Best Organization of the Year for Accessibility to Children and Youth with Disabilities” for its efforts to provide quality education to children with disabilities through creating conditions for 38 children with disabilities to learn along their peers. The school also provided advisory and assistance to other schools.

224.Nursery and Kindergarten Complex No.10, a child rehabilitation centre, was constructed according to international standards and commissioned in June 2020. The project cost was MNT 5.3 billion. Commissioning of the new building will increase capacity to provide education, rehabilitation, social development, and protection services to children with cerebral palsy and musculoskeletal disabilities.

225.To improve the learning environment of visually impaired children and enable them to receive education on par with their fully-abled peers, in September 2020, students of the general education school No.116 were fully provided with digital reading devices (DAISY-E-PUB). Previously, to facilitate the learning process, teachers themselves had to make Braille textbooks and additional learning materials for students with visual impairment. Now, both teachers and students can quickly access desired information and it has become easier for teachers to give assignments to children.

226.A MNT 238 million-renovation of the ventilation system of Sukhbaatar district’s special kindergarten No.186 is being implemented with support of UNICEF’s “Improving Indoor Air Quality” project.

227.World Bank-funded “Education Quality Reform Project” provided adapted learning resources in the amount of USD 120 thousand to children with visual and hearing disabilities studying at schools No.29 and 116. The project provided USD 30 thousand to create relaxation rooms, day-care classes, and crafts workshops at Ulaanbaatar schools No.25, 29, 55, 63 and 70.

228.“Establishing a Model Kindergarten, School” project for inclusive education of children with disabilities is implemented since May 2019. Sukhbaatar district’s kindergarten No.17 and 51 were chosen as the model kindergartens, and kindergarten teachers and workers received training entitled “Disability and Equality” to improve their understanding and attitude towards disability.

Reply to paragraph (21) of the list of issues

Implementation of laws and policies aimed at preserving the cultural heritage

229.Mongolia has been implementing legal reforms since 2014 aimed at improving the Law on the Protection of Cultural Heritage, joining relevant international conventions, institutionalizing good practices of other countries, and establishing comprehensive legal framework that takes account of the national context. Emphasis was given to introducing necessary regulations in laws and rules governing other sectors with a view to protect and prevent damage to authenticity and integrity of cultural heritage.

230.As a result, a total of 56 laws nowadays have regulations to protect cultural heritage as compared to 10 in 2013. These laws have enabled comprehensive regulation of activities related to the country’s cultural heritage, including its registration, research, storage, restoration, proper usage, and publicizing.

231.For instance, the Criminal Code has, for the first time, introduced provisions accounting purposeful or accidental infliction of damage to authenticity and integrity of cultural heritage for criminal offence along with provisions on penalties for the perpetrators. Furthermore, the Law on Administrative Offences includes provisions on penalties to be imposed for violating the laws aimed at preserving cultural heritage. These steps have exerted positive impact on reducing instances of damage to cultural heritage as well as on exposure and prosecution of related crimes and violations.

232.Revisions were introduced in 2016–2019 in laws regulating sectors such as land administration, construction, city planning, mineral exploration and mining that have potential to inflict direct damage to historical and cultural sites. These revisions require that activities in these sectors be planned based on the findings of independent evaluation by professional organizations, which assesses the impact of planned activities on cultural heritage.

233.The Government has issued a regulation to provide monetary rewards to companies and public organizations to encourage their initiatives to preserve cultural heritage. Accordingly, public participation in preservation of cultural heritage is being rewarded on an annual basis.

234.The efforts are underway to revise outdated laws and regulations aimed at preserving cultural heritage with a view to bringing them into consistency with relevant international conventions and national legislation. A total of 22 regulations are planned to be revised of which 16 have been updated as of date.

The impact of Mongolia’s cultural policy

235.Mongolia’s cultural policy is premised on the belief that Mongolian nation will continue existing and Mongolian society will achieve sustainable development through protection of cultural heritage reflecting the country’s nomadic identity, its dissemination, passing on to future generations, and learning from the cultural heritage of humanity.

236.Mongolia’s nomadic culture is a system that combines a unique mindset and view of life based on the principal philosophy of living in harmony with nature, life-proven, profound knowledge of interdependence among humans, nature and livestock as well as folklore customs, worship, rich statehood traditions, unique artistic culture, and symbolism. “Mongolia’s State Policy on Culture”, first adopted in 1996, was revised in 2012:

•The adoption and implementation of the Policy has resulted in the creation of favourable environment for Mongolian citizens to enjoy, own, choose, create, pass, and disseminate cultural treasures;

•Artists have got an opportunity to freely choose artistic views, methods, movements, and schools;

•Artists and cultural workers have been enabled to engage in fruitful activities through creation of professional associations and unions;

•Ground has been laid for the emergence of many forms of ownership in the cultural sector and free competition based on market principles;

•Multi-pillar, open relations and cooperation have been established with other countries.

237.Out of 1,624 organizations engaged in cultural and arts activities in 2020, 450 are state or local-budget organizations, 3 are state or municipality-owned, 1100 are private sector LLCs, 34 are companies with foreign investment, 25 are NGOs and 12 are other organizations.

238.Pursuant to the Policy, the following laws were adopted: Law on Culture (1996), Law on the Protection of Cultural Heritage (2001, 2014), Law on Mongolian Language (2015), Law on Libraries (2014).

239.The following programmes have been implemented in line with the main direction of the cultural policy to preserve original attributes of nomadic culture, protect national cultural heritage and develop classical arts: “Conservation, Protection and Restoration of Immovable Historical and Cultural Monuments”, “Supporting Traditional Folk Art”, “Classical Arts”, “Horse-Headed Fiddle, Long Song”, “Digitalizing and Preserving National Cultural Heritage”, “Mongolian Throat Singing”, “Mongolian Traditional Biyelgee Dance”. Currently “Protection of Cultural Documentary Heritage”, “Mongolian Creations”, “Creative Cultural Manufacturing”, and “Classical Arts-III”.

240.As of 2020, there are 35 state-owned professional art organizations, 46 museums, 345 cultural centres and cultural palaces, 364 libraries, 113 cinema spots, over 30 private circus studios, altogether employing over 7,000 people, 5500 of them at state-owned organizations.

241.The Government is implementing programmes and projects at local level, intended to protect and hand-over to the next generation types of heritage included in UNESCO’s Representative List of the Intangible Cultural Heritage of Humanity and the Intangible Cultural Heritage in Need of the Urgent Safeguarding List.

242.Mongolia inscribed the following heritage into the UNESCOs Representative List of the Intangible Cultural Heritage of Humanity: “Traditional music of the Morin Khuur”, “Urtiin Duu, traditional folk long song”, “Mongolian traditional art of Khöömei”, “Naadam, Mongolian traditional festival, “Falconry, a living human heritage”, “Traditional craftsmanship of the Mongol Ger and its associated customs”, “Mongolian knuckle-bone shooting”, “Traditional technique of making Airag in Khokhuur and its associated customs”; into the Intangible Cultural Heritage in need of the Urgent Safeguarding List: “Mongol Tuuli, Mongolian epic”, “Mongol Biyelgee, Mongolian traditional folk dance”, “Traditional music of the Tsuur, “Folk long song performance technique of Limbe performances – circular breathing”, “Mongolian calligraphy”, “Coaxing ritual for camels, and “Mongolian traditional practices of worshipping the sacred sites.

243.Mongolian National Library is a deposit of over 20 thousand hand-written texts and lithographs, 1.5 million books and scriptures written by Mongolian and Tibetan scholars. In its Depository of Eastern Books and Publications there are over 100 thousand cultural documents written in Manchu, Chinese, Japanese and Korean languages. Mongolia has inscribed in UNESCO’s Memory of the World Register its unparalleled cultural creations Lu. “Altan Tobchi”: Golden History written in 1651, Mongolian Tanjur, Kanjur written with 9 precious stones, and Sutra of Great Deity Tara.

Financing of culture and art sector and service outreach

244.In 2020, MNT 230.8 billion was allocated to the culture and art sector with MNT 35.9 billion earmarked for operational expenses and MNT 195.4 billion for investment purposes. Compared to the previous year, sectoral budget is higher by 127.7 billion, operational expenses by 14.5 billion and investment expenses by 113.2 billion MNT.

Table 18

Operational expenses of culture and arts sector (billion MNT)

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

2019

Budget allocation

28.7

39.0

49.4

54.7

61.8

58.9

57.4

59.0

60.1

62.5

21.5

Source : Ministry of Culture .

245.Clarification: 2019 Budget Law removed a special purpose tranche of MNT 46.8 billion from the budget of the General Manager of Culture and Arts Budget, and moved it to the budgets of local governors. This re-allocation reflects as a drop in the culture sector budget for 2019 in the above table.

Table 19

Investment in culture and art sector (billion MNT)

Classification

2016

2017

2018

2019

Investment

13.5

15.1

35.0

82.2

Major repair

0.5

4.2

-

-

Equipment

0

1.0

1.0

1.0

Source : Ministry of Culture .

246.In 2019, a total of 11.3 million people received services from cultural and art organizations.

Table 20

Culture and art sector customers by service type

Indicator

2015

2016

2017

2018

2019

Art organizations

1 603 300

1 669 340

2 345 410

1 929 320

3 680 500

Museums

608 400

534 630

577 445

781 409

689 600

Libraries

1 713 800

1 705 660

1 735 426

1 620 524

2 401 200

Cultural Centres

5 496 300

5 879 658

5 644 179

4 821 708

2 699 400

Cinema

1 505 900

1 090 002

1 254 771

4 500 669

1 877 100

Total

10 927 700

10 879 290

11 557 231

13 653 630

11 347 800

Source : Ministry of Culture .

Reply to paragraph of the list of issues (22)

247.Mongolia has achieved the following results within the scope of implementation of Articles 9 and 10 of the Covenant with respect to certain issues covered by the treaty:

•Senior citizens (men above age 60 and women above age 55) who are not entitled to receive old age pensions from social insurance fund are provided unconditional pensions (in the amount established by the government) from the social welfare fund. This measure has allowed provision of old age pensions to all senior citizens;

•The health insurance coverage has reached 90.2 percent as a result of state payments for health insurance of senior citizens, children under age 18, household members in urgent need of social protection, mothers/fathers caring for their children until age 2 (in case of twins, until age 3);

•Mothers are given a two-month maternity leave prior to and immediately following the childbirth while receiving a monthly benefit amounting to an average salary. Furthermore, regardless of whether they receive benefits from the social insurance fund, mothers are provided with pregnancy benefits from 5-month pregnancy until childbirth with the state also paying partial or full payments toward their old-age pensions; those who stay at home to care for their child until age 3 are provided with a monthly allowance of MNT 50,000.

248.Mongolia has achieved certain progress through its efforts to implement the Covenant; however it is facing several challenges and obstacles in conducting evaluation of the social, strategic and cumulative impact of mining projects, and improvement of consolidated water management.