Concluding observations on the combined eighth and ninth periodic reports of Mongolia
* The present document is being issued without formal editing.
Information provided by Mongolia in follow-up to the concluding observations *
[Date received: 13 June 2018]
1.Mongolia ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1981. The State party is responsible for submitting an initial report on the measures taken under the provisions of this Convention to the Secretary-General of the United Nations one year after the entry into force of the Convention and every four years afterwards as well as upon request.
2.The CEDAW Committee reviewed Mongolia’s first report 1982, second in 1986, third and fourth in 1999, and the fifth to seventh reports in 2008.
3.The combined eighth and ninth reports were submitted to the CEDAW Committee in September 2014, in the following year, the answers to the additional inquiries in relation to 21 issues raised along the submitted report. The reports were reviewed in February 2016, and the Committee issued its concluding observations in March 2016 that contained 19 supportive comments, whereas 5 called for actions and 3 measures required immediate actions implementation. There were 47 types of recommendations in all 55 measures. Among those, under concluding observation 45, the Committee requested the State party to provide, within two years, or on March 2018, a written information on the steps taken to implement the recommendations contained in paragraphs 17(a), 19(a), 19(b) and 19(e).
4.As cross-sectorial collaboration and partnership between state and non-state actors are essential in the implementation of the Committee recommendations, a cross-sectorial working group was established by Order No. A/241 of the Minister of Labor and Social Protection (LSP) including 17 representatives from government and 9 from NGOs’.
5.The Action Plan was developed and delivered to all responsible parties under the Law on Promotion of Gender Equality (LPGE). According to the request put forward to the Parliament of Mongolia on ensuring implementation of the Recommendations and timely submission of the next report, the recommendations were introduced to the Standing Committee on Social Policy, Education, Culture and Sciences of the Parliament, and published and delivered to all members of the Parliament.
6.By the Order No. A/215 of the Minister of LSP, a cross-sectorial working group to develop a “National Programme on Gender Equality (2017–2021)” (NPGE) was set up in November, 2016. The policy objectives and scope of the NPGE aligns with the implementation of the Committee recommendations. The working group started drafting the NPGE in April, 2016 and steered over 20 consultations at national, regional and sectorial levels and gathered over 220 comments and proposals.
7.The NPGE, developed in alignment with the Development Policy and Planning Law and in accordance with the Regulations on Development of Policy Documents, was adopted by the Government Decree No. 129, 2017 followed by the Action Plan that was adopted by the Decree No. A/132, 2017, the Minister of LSP both reflect specific measures according to the recommendations of the CEDAW Committee.
8.The below is the report on the measures taken on implementation of the recommendations 17(a), 19(a), 19(b), and 19(e) made by the CEDAW Committee.
9. To put in place, without delay, a comprehensive strategy, with proactive and sustained measures targeting women and men at all levels of society, to eliminate discriminatory stereotypes and patriarchal attitudes concerning the roles and responsibilities of women and men in the family and in society (see CEDAW/C/MNG/CO/8-9 , para 17 (a)).
10.A cross-sectorial working group on revising the Law on Family was set up in 2016 by the Minister of LSP Order No. А/186. Objectives include setting a legislative framework which enables elimination of discriminatory stereotypes and patriarchal attitudes concerning the roles and responsibilities of women and men in the family and in society.
11.The working group conducted eight deliberations on the revised draft law and the additional consultations have been organized in 21 provinces and 9 districts. Around 630 proposals and comments gathered from 1500 participants in the course of 22 consultations and were reflected in the relevant provisions.
12.The concept of the Law on Family has been supported by the Cabinet. According to the concept, the relations which would be governed by and the scope of the law are defined in the following context:
•Revise and re-define the purpose of the law including a goal of protecting family development, rights and legitimate interests of family members;
•Legislate objectives and responsibilities of state organizations mandated to support sustainable family lives, and deliver family-oriented policies and services in timely manner. Legislate a structure and organization of a state administrative organization which is responsible for implementing family, child, and youth development and protection policies;
•Ban activities of marriage brokerages in respect to the principle of voluntary marriage. Extend health screening services for those who wish to marry in order to prevent from inbreeding and genetic conditions it might cause;
•Establish conditions and regulations of state support to family members, especially parents, in creating a healthy and safe environment for child development, adopting positive educational practices, ensuring enrolment in basic education and teaching traditional values while instilling life skills and preparing children for future employment;
•Such regulations should reflect state support to control over and conditions set for the alternative cares for vulnerable children;
•Legislate regulations on regular monitoring of living conditions of adopted children, making decisions on adoption based on assessment of living conditions in foster families to ensure that adoption rules are consistent with ensuring human rights of adopted children;
•Improve regulations on family relations involving foreign citizens and stateless persons, and strengthen monitoring mechanism over foreign adoption. Monitor the living conditions of adopted children;
•Create a legal basis for the collaboration with NGOs in establishing formal and informal family education opportunities at all levels for citizens and setting up family education centres. Add a legal provision on promoting and supporting public and private enterprises which provide family friendly services.
13.The goal 3 of the NPGE stipulates that gender mainstreaming through “gender equality education, conducting trainings, and public promotion and advocacy activities aiming at changing stereotypes about the roles of women and men in the society and their social participation” and 14 measures were planned and implemented in 2017.
14.Implementation of the LPGE, the NPGE, and the CEDAW are now incorporated into the Work Performance Agreements of local authorities.
15.Furthermore, 14 credit hours of gender studies are in the curriculum of the School of Educational Studies of the Mongolian State University of Education. A “Life Skills Package Handbook” containing information on gender, prevention from gender-based-violence (GBV), sexual education and gender sensitive budgeting was used for training of 30 national trainers; a handbook for children with special needs and their parents was developed and distributed; a series of six films and manuals were developed on the topic “The most common violations of gender equality in secondary schools”.
16.According to the Order No. A/130 of the Minister of Education, Culture, Sciences and Sport (ECSS), a “Gender Policy on Education, Culture, Science and Sports” (2017–2021) is being implemented. The policy document aims at promoting gender equality at all levels of policy, planning, implementation and monitoring and evaluation in the fields of education, culture, sciences and sports. This policy document sets the goals of improving the legal and policy environment as well as institutional structure for ensuring gender equality in education, culture, sciences and sports; increasing awareness and capacity in order to mainstream gender equality; creating gender-responsive environment throughout the sectors; and demonstrating leadership in changing gender stereotypes which are major obstacle for gender mainstreaming.
17.The Ministry of Energy conducted trainings on gender issues in Zavkhan and Khovd provinces and prepared 30 trainers.
18.The Ministry of Labor and Social Protection and the Secretariat of the National Committee on Gender Equality (NCGE) conducted a workshop “Participation of men in social development” and a debate-competition themed “Students and youth together against violence” and published a special issue of the “Gender Studies” magazine for wider public dissemination.
19.Branch of Gender Council at the Ministry of Foreign Affairs’ organized training on gender and human rights for the ministry’s employees.
20.The NCGE organized 80 hours trainings for about 800 employees from the Ministry of Finance, Ministry of Mining and Heavy Industry, Ministry of Food, Agriculture and Light Industry, Ministry of LSP, Ministry of Construction and Urban Development, the Central Police Department, Diplomatic Services’ Department of Ministry of Foreign Affairs, the authorities of nine districts of the capital city, Mongolian Railways and Erdenes Tavan Tolgoi company and other business enterprises. The training agenda contained various subjects in relation to gender equality including NPGE, basic understanding about gender, work and life balance and victim protection shelters etc.
21.The first national level academic conference “Gender Equality and Students’ Initiative” was held at the Vocational Training Center (VTC) and the Polytechnical College collecting 55 presentations from 27 schools nationwide and the best 20 presentations were compiled and handed in to the teachers and students.
22.A training on “Incorporating gender equality concept in media policy and planning” was conducted for the Media Council members and the managers of media organizations and companies.
23.The Press Institute of Mongolia conducted evaluation of the last three years’ communications and public relations work on improving awareness and understanding about gender equality within the framework of the ADB supported “Gender Sensitive Development Policy and Planning in Sectors and Rural Areas” project. Based on the results of the evaluation, a three-month campaign with collaboration of media to change gender stereotypes is planned in 2018.
24.The Parliament of Mongolia adopted the Law on Promotion of Youth Development (LPYD) that entered into force on 1 January 2018, promoting youth development based on equal participation and non-discrimination; and promotion of youth development and participation with respect of national unity and justice; improvement of young people’s self-worth; and respect of their views.
25.To change gender stereotypes and prevalent attitudes in the society, a 16-day campaign to combat GBV (marked annually since 2008) was organized. The following activities were organized in collaboration with government agencies and civil society:
•March 7, 2017: “GBV and prevention cooperation and participation” essay competition was organized among 120 students and 10 out of 40 presentations were compiled and distributed;
•December 7, 2017: The Ministry of LSP, the National Center Against Violence (NCAV) and the NCGE Secretariat’s staff wore white ribbons taking a stand against GBV and launched a public awareness-raising initiative on web-sites calling public to join the movement. About 2300 officials from 30 government agencies including the Office of the President, Administration of the Parliament, the Office of the Prime Minister, the Cabinet Secretariat, Family, Children and Youth Development Agency (FCYDA), ministries, Ulaanbaatar City’s and districts’ Governor’s Offices joined the event;
•December 5–10, 2017: the NCGE along with the NCAV and the capital city and districts’ authorities organized free information and advice bus services to improve access to information on combatting and preventing DV and GBV and violence against children among 800 residents of Ulaanbaatar’s peri-urban areas;
•A cartoon produced in the Philippines “Girl” on combatting GBV, was shown to rural residents during campaign jointly organized by the NCGE, NCAV, Ministry of LSP, local authorities and TV stations;
•A 20-minute television programme “Participatory and collaborative prevention from GBV” and the two TV ads advocating the LPGE are aired on TM HD television.
26.In the future, special attention will be given to strengthen human resources, cross-sectorial collaboration; increasing funding and improving partnerships among state organizations, civil society and media to organize national and sector-level efforts to address stereotypes concerning the roles and responsibilities of men and women in family and society and change dominant patriarchal attitudes.
27. To accelerate the adoption of the bill on the prevention of DV, adopt comprehensive measures to prevent and address violence against women and girls and ensure that women and girls who are victims of violence have access to immediate means of redress, including compensation and protection, and that perpetrators are prosecuted and adequately punished (see CEDAW/C/MNG/ CO/8-9 , para 19 (a)).
28.The Parliament Resolution of 22 December 2016 approved a revised Law on Combatting Domestic Violence (LCDV). Since enaction of the Law, 1 February 2017, the following procedures are approved:
•Procedures for providing services to children affected by domestic violence (Order No. A/33, Minister of LSP, 2017);
•Procedures on mediation service (Order No. A/73, Minister of LSP 2017);
•Procedures for providing psychological counselling services (Order No. A/74, Minister of LSP, 2017);
•Procedure for organizing meeting with perpetrators of violence (Joint Order No. A/56 and A/35 of the Minister of Justice and Home Affairs (JHA) and the Minister of LSP, 2017);
•Voluntary curriculum and training procedures to influence behaviour (Joint Order No. A/63, A/48, A/106, Minister of JHA, Minister of LSP and Minister of Health, 2017);
•Procedures for providing one-stop service and funding (Joint Order No. 201/A, 132, A/60, Minister of JHA, Minister of Health, and Minister of LSP, 2017);
•Procedure for accreditation of non-governmental organizations for offering services to victims (Joint Order No. A/84, A/59, A/130, Minister of JHA, Minister of LSP, and Minister of Health, 2017);
•Procedure for situation assessment (Joint Order No. A/120, A/178 of the Minister of LSP and Minister of JHA, 2017);
•Procedure to provide temporary protection shelter service (Order No. A/116, Minister of LSP, 2017);
•Procedure for financing the work and activities of the joint team (Joint Order of No. A/173, A/251, A/380, Minister of LSP, Minister of JHA, and Minister of Health, 2017).
29.Criminalization of DV in the legislation, intensification of crime prevention activities, establishing and funding the One Stop Service Centers (OSSC) from the national and local budgets with the goal of providing assistance and services to violence survivors, ensuring the sustainable and continuous functioning of OSSCs’, legislating the Joint Team services to be rendered free of charge has led to decrease in occurrences of DV in the first eight months of 2017 by 19.6 percent, compared to the same period of the previous year.
30.As of 2017, nationwide 9 OSSCs and 16 temporary shelters provide services to DV survivors and more 10 new OSSCs are planned to be built in 2018.
31.Minister of JHA Order No. A/27, 2017 established a Cross-sectorial Sub-council to combat and prevent DV, crimes against children, and provide professional guidance alongside with monitoring implementation of the LCDV.
32.The members of this Sub-council, representing the Ministry of LSP, Ministry of Health, Ministry of ECSS, Family, FCYDA, Central Police Department, Ulaanbaatar City Police Department and four NGOs, have planned anew the inter-sectorial cooperation on policies, trainings and promotion and have been working towards ensuring implementation of the legislation.
33.The Secretariat of Coordination Council for Crime Prevention along with the FCYDA have jointly revised curriculums and content of international and NGOs that work in the area of capacity building of Joint Team members, consolidating the contents and removing the differences in interpretation and terminology. In accordance with the consolidated program, the Training of Certified Trainers was approved by the Minister of JHA and the Minister of LSP as of the first half of 2017, trainings were organized for 4634 members of the 609 Joint Teams.
34.The NCGE’s Secretariat and its volunteer staff, Andrea Scheske, conducted capacity building trainings at the Central Police Department, and for civil servants in Dornogovi, Sukhbaatar, Orkhon, Uvs aimags and 9 districts of Ulaanbaatar for 450 Joint Team members and staff of temporary shelters and OSSCs.
35.Also in order to improve services rendered by temporary shelters and OSSCs, the trainings for related public officers on the LPGE and NPGE, sexual harassment at work place, criminalization of victims, work-home balance, basic concept of gender, survivor protection shelters, and OSSCs’ activities were conducted at the Central Police Department, and some aimags and 9 districts with 1280 participants.
36.The Ministry of JHA organized the first National Forum on “Multisectorial Cooperation in Combating DV” in Ulaanbaatar in April 2017 with support of the UNFPA, with participants of 160 police officers from 21 provinces and 9 capital city districts, the staff of the Branch Secretariats of the Coordination Committee for Crime Prevention.
37.The National Statistics Office conducted the first nationwide “GBV Survey” with the technical and financial support of the UNFPA and the Swiss Development and Cooperation Agency. Since the subject and content of the research was sensitive, the study was made under the title of “Women’s Health and Life Experience Survey” in May and June of 2017 and covered 7860 households of 524 units including a woman aged 15–64 years old from each household.
38.The study aimed at defining forms, ways, types, impact and causes of violence against women, assessing and evaluating the SDGs’ indicators and quantifying and evaluating data collected according to the indicators of the Goal 5 and coming up with data that can be compared to international ones. The result of the survey will be published.
39.The Government of Mongolia implemented the “Youth Development Project 2013–2017” (YDP) in cooperation with the UNFPA that set four goals including “develop and adopt GBV prevention model, strengthen the capacity of the employees in the education sector and empower adolescents and young people to combat GBV as well as support positive relationships”. In the frame of the project’s task to develop an educational programme on GBV prevention in the selected provinces and city districts, organizations and target groups: a GBV prevention module is finalized as a topic in education programme on life skills and in curriculums of secondary school, TVETs, Institute for Advanced Training of Teachers, Lifelong Education Centre and Youth Development Centre.
40.The “Safe School” model, designed to create GBV prevention mechanisms has been continuously piloted in the selected schools of Bayan-Ulgii, Zavkhan, Umnugovi provinces and Chingeltei district of Ulaanbaatar. The mid-term independent assessment of the project was conducted in 2016; revealed that 80.7% of 12-18 year-olds and 92.7% of teachers in the selected schools had acquired a clear understanding of gender rights, gender inequality and GBV.
41.As a result of this methodology, the knowledge, attitudes and practices towards GBV prevention and understanding of gender equality and inequality have notably increased and guidelines and training methods on using this particular methodology have also improved.
42.A background study that was conducted in 2014 within the YDP to improve knowledge and understanding of young men and women on gender rights and inequalities; revealed that due to significant lack of knowledge, information and understanding about violence among young people there is a tendency to accept violence as a norm. This demonstrated urgent need to establish mechanism for violence prevention. More than half of the surveyed young people have never heard about GBV, and only one in three young people had an adequate knowledge about GBV. Only 1.3 percent of youth had a comprehensive understanding about violence.
43.The result of the research on “Factors influencing sexual and reproductive health of young people aged 15 to 24 in Mongolia” demonstrates the need to increase public awareness of GBV and targeted actions to prevent violence. According to the project’s mid-term evaluation, anti-GBV campaigns and advocacy in 2016 targeted 158279 young people. It was four-fold increase in number compared to 2015.
44.One of the six main goals of the NPGE aims at “Combatting violence and discrimination and undertaking comprehensive measures to prevent violence and discrimination”. Under this goal 5 measures are planned and being implemented.
45.The first goal of the NPGE, “Supporting equal participation of women and men in sustainable socio-economic development and ensuring equal opportunities for receiving development benefits” aims at making work places gender sensitive, preventing any gender based discrimination in job recruitment, stopping discriminatory practices if they take place and strengthening penalty and punishment for work place discrimination to be reflected in the law. The NPGE also highlighted developing an assessment methodology on equal employment compensation for women and men for equal work and reflecting these objectives to be implemented in a social consensus with the parties involved.
46.Together with sectoral authorities and employers in various sectors of economy specific measures are taken to prevent sexual harassment at workplace and create work environment free from sexual harassment. For instance, the internal rules of the Ministry of Food, Agriculture and Light Industry encourage employees to raise a complaint regarding sexual harassment at workplace or any other gender equality violations and have the issue to be solved by a gender specialist of the Ministry.
47.Further plans include an organization of the second National Forum on Multilateral Cooperation on Combating DV with additional participation of the representatives of education sector; setting up OSSCs in every province to render support to victims of violence; delivery of video training for Joint Teams and setting up a professional and methodology support in their everyday work.
48. To provide mandatory capacity-building programmes for judges, prosecutors, police officers and other law enforcement officials on the strict application of legislation criminalizing violence against women and on gender sensitive procedures to deal with women who are victims of violence, in particular women with disabilities (see CEDAW/C/MNG/CO/8-9 , para 19 (b)).
49.The curriculum of the Police School of the Law Enforcement University of Mongolia incorporates a mandatory training on combatting and preventing GBV and DV.
50.At the initiative of the NCGE, in collaboration with the International Development Law Organization (IDLO) a handbook for law enforcement officials was developed. The series of trainings on “Strengthening capacity and coordination of the legal sector in combatting domestic violence” were organized by the Ministry of JHA in eight provinces: Darkhan-Uul, Bulgan, Orkhon, Selenge, Govisumber, Dornogovi, Dundgovi, and Umnugovi, for 255 trainees including law enforcement and judiciary officers, lawyers, attorneys, heads of the local Branch Councils of the Coordination Committees for Crime Prevention, and social workers of the FCYDA.
51.In collaboration with the MoJHA and the General Council of Courts, a training on “Procedures on Resolving Family Disputes and DV Cases” and a training on “Specifics of Intermediary Work on Family Dispute Settlements” were organized for 40 judges and intermediaries.
52.A consultation on the “Specifics and further development of civil proceedings on family dispute resolutions and DV cases” was organized on importance of qualified judges for family disputes with participation of 120 judges of all levels of courts, representatives of international and NGOs.
53.In collaboration with the Legal Aid Center, a training “Specifics of operations, combatting DV” was organized in February, 2017 with involvement of state, province and capital city attorneys.
54.Implementing such measures as a mandatory inclusion of trainings on combatting and preventing GBV and DV in study programmes of law enforcement educational institutions, increasing capacity of 400 law enforcement officers, judicial authorities, lawyers and attorneys, resolving family disputes on DV cases, and applying gender sensitive approaches when addressing cases of women, violence survivors have brought tangible positive results.
55.In the future, capacity building trainings will be conducted in cooperation with the IDLO for all law implementers: officers, judges, lawyer, and attorneys, heads of the local Branch Councils of the Coordination Committees for Crime Prevention, and staff of the FCYDA.
56. Provide adequate conditions for redress and rehabilitation for women with disabilities who are victims of violence (see CEDAW/C/MNG/CO/8-9 , para 19 (e)).
57.As mentioned in the report on implementation of the Recommendation 19(a), adequate conditions for redress and rehabilitation are created for the women with disabilities who are victims of violence at the OSSCs.
58.A National Program on Promoting Rights, Inclusion and Development of Persons with Disabilities (PwD) was approved by the Government Resolution No. 321, 2017 aiming at rendering a comprehensive support to promote rights, inclusion, development and social protection of PwD. The Programme set 8 goals including ensuring participation of PwD in all aspects of society in matters affecting the lives of PwD, with sets of activities to provide legal assistance to PwD the violence survivors and conduct training for police, attorneys, judges, social workers, medical doctors and other relevant officials on proper communication with PwD.
59.Further, as described in the Recommendation 19(a) implementation report, it is planned to strengthen the OSSCs and improve capacity of officials to meet specific needs of PwD survivors of violence.