Committee on the Rights of Persons with Disabilities
Combined second and third periodic reports submitted by Mongolia under article 35 of the Convention pursuant to the optional reporting procedure, due in 2019 *
[Date received: 13 November 2019]
Replies to the list of issues prior to reporting (CRPD/C/MNG/QPR/2-3)
Reply to paragraph 1 (a) of the list of issues
1.It is stated in the Paragraph 2 of Article 14 of the Constitution of Mongolia, “No person shall be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin and status, property, occupation and post, religion, opinion or education. Everyone shall have the right to act as a legal person”; in the Paragraph 6 of Article 16 on human rights and freedom of the Constitution, the citizens of Mongolia shall enjoy the “Right to the protection of health and medical care. The procedure and conditions of free medical aid shall be defined by law”, and in Paragraph 7 of the same Article on “Right to education. The State shall provide basic general education free of charge. Citizens may establish and operate private schools if these meet the requirements of the State.”
2.These Constitutional provisions are the main grounds for all legislations in Mongolia. For instance, basic principles of education were specified in Article 5 of the Law on Education as follows: “5.1.3 Education shall be free, accessible and variable adjusted to individual and development specialties, type of education and needs of the learner; 5.1.4 Mongolian citizens shall all be given equal opportunities of receiving education in their mother tongue, and they shall not be subject to educational discrimination on account of race, creed, age, sex, social status, economic position, employment status, religion or opinion”; and Article 4 of the Law on Health specifies, “4.1.2 Primary health care services shall be equally accessible to all citizens without discrimination”, “4.1.4 As speculated in the Constitution of Mongolia, the State shall be liable for charges of certain types of health care services to be provided to the citizens”; and Article 4 of the Law on Family states that “4.1 Marriage shall be equal and voluntary”; and “In marriage, no citizen shall be discriminated against on the basis of ethnic origin, language, race or religion”.
3.In addition, upon ratification of the Law on Rights of Persons with disabilities (PWDs) in 2016, it is deemed that the legislations, policies and actions of Mongolia fully in line with the Convention on the Rights of PWDs (CRPD).
Reply to paragraph 1 (b) of the list of issues
4.Mongolia carries out the following actions with regard to ensuring full and effective participation of PWDs in society on an equal basis with others:
Ensuring the right to education of PWDs
5.Mongolia aspires to stand on the principle of inclusive education in ensuring the right to education of PWDs. According to the 2018 statistics, in the academic year 2018–2019, of 10,660 Children with disabilities (CWDs) aged 0–18 nationwide, 1,087 children or 10.2 percent are enrolled in pre-schools, 6,518 children or 61.1 percent in secondary schools, and 933 children or 8.8 percent in lifelong education centers. Of total children enrolled in secondary schools, 1,740 or 26.7 percent study in 6 special schools and 4,778 or 73.9 percent in regular secondary schools.
6.Legal framework for enrolling CWDs in regular secondary schools has been improved upon the adoption and enforcement of the “Regulation for equal inclusive enrollment of CWDs in secondary schools”, approved by the Resolution No. A/292 of the Minister of Education, Culture, Science and Sports (MECSS) in order to promote inclusive education.
7.For the purpose of expanding inclusive education of CWDs, the Government of Mongolia implements step-by-step measures such as providing additional bonus to teachers who work with CWDs, training and re-training teachers and staff for inclusive enrollment methodologies and elaborating training methodologies and preparing textbooks.
8.For instance, since 2006, 101 teachers graduated from the 1-year special needs education conversion program, and “Special needs education faculty” was founded in the Mongolian National University of Education (MNUE) in 2018, enrolling about 100 students. In the academic year 2018–2019, 10 students are being trained as “Special needs education teachers” in the Russian Federation. Physicians of special secondary schools were enrolled in professional development programs in Improvement Center of Irkutsk, Russia and “Methodology for working with children with speech impairment” training is being organized with the support of MNUE regularly for teachers from universities and special needs education.
9.A total of 392 staff, including teachers, assistant teachers, school management and training support staff of pre-schools and secondary schools that work with children with hearing, visual and intellectual disabilities, were involved in professional advancement training for special kindergarten and schoolteachers. In addition to it, “Development center for CWDs” was established for secondary school students with disabilities at 16 secondary schools, and “Student development center” for students with visual impairment and disabilities at MNUE. In the academic year 2019–2020, 2,137 teachers and management of training organizations were enrolled in “Inclusive education” online course.
10.The JICA funded project “Enhancing health, education and social welfare services for children with special educational needs” was implemented in 4 special and 8 regular schools. The Project delivered manuals for teachers and parents including “Pedagogical toolkit for determining development stage of children with severe disabilities” and “Methodological support toolkit for children fell behind in class and have behavioral problems-Correct concepts and selection of appropriate methods”; published “Good lesson” and “Inclusive education” videos and courses on the website of Institute of Teacher’s Professional Development (ITPD), and circulated printed versions to all schools, pre-schools, and lifelong education centers.
11.In collaboration with the UNICEF, an activity involving 90 students and more than 550 citizens was organized in 4 villages (soum). At present, classrooms to support CWDs operate in 8 provinces such as Bayankhongor, Gobi-Altai, Zavkhan, Uvurkhangai and Khovd, teaching for additional hours.
12.It is stated in Article 13.3 of the Law on Primary and Secondary Education, “Other regular secondary schools shall be responsible for creating environment for CWDs to obtain elementary, primary and secondary education”, and in Paragraph 15.2 of Article 15 of the Law on Human rights of PWDs, “provide books, textbooks, manuals, materials, special needs facilities and equipment appropriate for special needs of CWDs”. Also, the Government Resolution #185, adopted in 2012, stipulated to increase 3 times the variable cost normative per 1 student with disabilities, and stated that this provision should apply to regular kindergartens and schools that enroll CWDs.
13.On the ground of the above legal framework and in collaboration with the Inclusive education network NGO, MECSS drafted the “Regulation for providing learning environment and facilities appropriate for CWDs at all levels of educational institutions”.
14.According to the 2018 annual budget, over 7.5 billion tugrug (MNT) is allocated for special needs education and 5.3 billion MNT for lifelong education in 2018. It is planned to budget 4.2 billion MNT for special education, and 4.1 billion MNT for lifelong education in 2019.
15.Tripling variable costs per CWDs at special and regular secondary schools in accordance with the Government Resolution #185, 2012 shall be the fund to support inclusive education, and in 2020 12 billion MNT is budgeted for this cost.
16.Moreover, 3,3 billion MNT is proposed in the budget for establishing “Support Hall” in all provinces (provinces). Also, hall for supporting CWDs shall be established in all provinces under the World Bank funding. Following the Government Resolution #145, 2019 that orders “to review and resolve the issue of providing bonus to teachers working with CWDs in regular kindergartens and secondary schools starting from September 1, 2019”, relevant draft Regulation has been prepared.
17.For the purposes of corresponding special school curriculum to regular secondary school curriculum, and bringing knowledge level of students closer, Syllabus for secondary school for children with intellectual disabilities; Syllabus for high school for children with intellectual disabilities; Syllabus for school for children with hearing disabilities; and Syllabus for school for children with visual disabilities were revised. Furthermore, upon the Resolution of the Minister of Education, Culture, Science and Sports the following documents were adopted and are being enforced: Curriculum for Preparatory course, Mongolian language, Mathematics, Speaking and Writing, Physical objects and Rhythmic exercise for elementary classes at special school #29; a flexible “Individual training curriculum” that would suit the development traits, needs and demands of CWDs, and Curriculum development methodology; Procedure for assessment on the quality of secondary school students and training.
Equal insurance of the right of PWDs to health protection and health care services
18.Besides public health care and medical aid, Mongolia provides 7 types of medical aid and services to the citizens, including family health care, specialized clinical care, maternity care, nursing, intensive care, emergency aid and rehabilitation care. Of total citizens, 90 percent is covered by health insurance system. The State is responsible for the insurance premium of children aged 0–18; citizens with no fixed income other than pensions; those who need compulsory social welfare support or members of households that are below the subsistence level; and a parent taking care of a child under 2 years old. Majority of PWDs refer to the group, whose insurance premium falls under the responsibility of the state.
19.Therefore, they are eligible for receiving medical care and aid under health insurance policy. Moreover, like any other citizens, PWDs can get 10 types of medical care and services financed under the state budget. Also, measures are being implemented to support and take care of health of children, elders and PWDs through Health insurance fund, by providing or discounting costs of some mandatory medicines, medical devices, prostheses and orthopedics, and increasing the costs in line with the inflation rate. In this regard, National Health Insurance Council issued Resolutions #10 and #11 in 2018, revising and enforcing the “Name and type of mandatory child medicines, highest price limit and discount rates”, “Regulation on funding the costs of some high-cost aid, services, necessary medical devices, prostheses and orthopedics for rehabilitation purposes from Health insurance Fund, and reviewing the execution”, and the “List and price of high-cost aid, services, necessary medical devices, prostheses and orthopedics for rehabilitation purposes to be funded by the Health Insurance Fund and amount to be provided by the Fund”.
20.For the purpose of facilitating conditions for PWDs to receive healthcare services without any obstacles, measures are being taken at state and local hospitals and national health care centers to improve external and internal environment of hospitals, and supply of necessary equipment and devices. For instance, external and surrounding space, sidewalks and areas of the following hospitals were refurbished and improved: Shastin Central III Hospital in 2016; National Trauma and Orthopedic Research Center, Songinokhairkhan district Health center, National Cancer Center in 2017; Urguu maternity Hospital, Amgalan Maternity Hospital, Bayanzurkh district Health Center, First ambulatory of Khan-Uul District, National Center for Mother and Child Health and National center for Communicable diseases in 2018. Road, sidewalks and surrounding areas of Nalaikh, Baganuur and Bagakhangai district Health centers, National Central I Hospital, National Forensic Center and National Center for Mental Health are being improved and refurbished in 2019.
21.Exterior improvements cover refurbishment of parking areas, installation of lighting, sidewalks, green areas, leisure area with greeneries, construction of standard emergency car and plane areas, arrangement of traffic in the vicinity of hospitals, adding exits and entrances and constructing access ramps and guides to facilitate safe, secure, healthy and no-traffic conditions for patients and customers, especially PWDs to receive healthcare services.
22.Under the “National Program for Mother and Child and Reproductive Health”, adopted by the Government Resolution #78 in 2017, every new-born infant is involved in 4 types of surveillance tests (neonatal hip joint ultrasound screening, newborn hearing screening, retinopathy screening of prematurity, newborn metabolic screening) in order to prevent children from disabilities. As of August 2018, a total of 308,254 newborns were involved neonatal hip joint ultrasound screening, 4,647 newborns were treated with non-surgical procedures and prevented from disabilities. A total of 4,413 newborns were tested through retinopathy screening of prematurity and prevented from blindness. And 163 infants out of 59,155 infants, involved in hearing screening, were treated and prevented from deafness. In the future, it is necessary to take particular measures to facilitate conditions for PWDs to get services without any problems in the health care sector, and to change attitudes of physicians and medical staff.
Making premises and infrastructure accessible and friendly to PWDs
Improving legal framework and ensuring enforcement
23.Revised Law on Construction was ratified by the Parliament in 2016, incorporating provisions and clauses related to meeting the needs and demands of PWDs; and relevant regulations and procedures are undergoing revisions. Draft revision of the Law on Urban development is being prepared to reflect new and sophisticate the old provisions concerning needs and demands of PWDs. A provision concerning the establishment of parking lot for drivers with disabilities in compliance with the relevant standards, rules and norms has been incorporated into the draft Law on Parking. The revised draft Law on Land fee includes the provision stating, “A discount of 100 percent for the first 3 years and a discount of 50 percent for the following 3 years shall be granted to PWDs who start a new business in manufacturing and services”. A Task Force was formed to prepare the draft Law on Accessibility. The members of the Task Force visited Nagoya city in Japan to see the best practices and produced the first draft law. The draft Law comprises of the Chapter 1-general provisions, Chapter 2-Accessibility of construction and urban development, Chapter 3-Accessibility of road and transport, Chapter 4-Accessibility of telecommunications, Chapter 5-Rights, responsibilities, structure and measures of an entity authorized to facilitate accessible environment, and Chapter 6-Miscellaneous.
Enforcement of laws, regulations and procedures
24.With regard to improvement of accessibility of civil construction, road, road facilities and public transport services, more than 10 norms and standards represent needs of PWDs such as the standard MNS 91.040.10: 2009 “Space of needs of PWDs in civil construction planning”, the construction rule “Planning that counts needs of PWDs”, the construction norm and rule “Construction planning of residential buildings”, “Guidance for developing sketches and drawing of building of educational facilities”, the construction rule “Technological drawing of building warehouses of oil and oil products” the construction norm and rule “Building facilities for storing and processing wheat”, construction norm and rule “Factory facility” etc. For the purpose of ensuring enforcement of these legislation, procedures and regulations, independent building and architectural experts are assigned to perform probability assessment on technical drawing of public buildings such as apartments, offices, schools, service centers, hospitals, dorms and cultural centers. Courses on incorporating infrastructural solutions for PWDs in urban planning and construction drawing were incorporated into the “Advanced degree program for architects” (2–4 hours course) and into the academic degree program for construction engineers.
Ensuring participation of PWDs in creating accessible infrastructure and building
25.According to the “Procedure on commissioning premises”, adopted by the Government in 2017, PWDs should be included in the State commission for commissioning premises. With reference to this, training for improving capacity of PWDs was organized in provinces in 2018. With the support of JICA project on “Supporting Social Participation of PWDs in Ulaanbaatar city” (JICA DPUB), a checklist is being prepared to check if PWDs are included in the process of granting permission for constructing a building and commissioning the building. Joint accessibility assessment was conducted in 2016 and in 2017 by NGOs operating to protect the rights of PWDs, a JICA DPUB project and other relevant state organizations on selected bus stations, pedestrian sidewalks, public transportation, buildings of state organizations, service organizations and private entities, and new airport at Khushigt valley. Recommendations and proposals, prepared as a result of the assessment, were submitted to the relevant organizations. Some positive measures and actions were taken in the assessed facilities and buildings in conformity with the safety for not only PWDs but also of elders, children and pregnant women.
26.Mongolian National Association of Wheelchair Users and non-governmental organizations specialized in accessibility assessment, including “Universal Progress” and “Songino” independent living center (ILC) carried out the assessment on accessibility of 37 organizations in Ulaanbaatar under the Ministry of Labor and Social Protection (MLSP) to PWDs in accordance with the guidelines, approved by the Resolution #A/93 of the Minister of Labor and Social Protection for the purpose of being the leading model for increasing accessibility. This assessment was the beginning of actions in the sector towards facilitating environment and model that are accessible and friendly to PWDs. On the ground of assessment results, service halls of labor and social protection departments in all provinces and districts will be made accessible in 2019 in collaboration with the “Employment support Project” funded by the World Bank. Also, the work of making MLSP building accessible, has been executed by the Rehtus LLC, founded by PWDs. As a result of this work, 3 restrooms were refurbished and made accessible, over 50m areas were tactile paved and more than 100m handrails were newly installed. Two halls in the Ministry building have been refurbished in a way accessible to PWDs. Signs on all doors and floor information are perforated in braille and escalating equipment for wheelchair users has been installed. In doing so, MLSP has become the model organization to lead other state organizations, and has facilitated favorable, friendly and accessible environment for not only PWDs but also for everyone.
27.Upon the Order on “Carrying out State Inspection” of the Minister of Road and transport development, released on the 27th of June 2018 for the purpose of assessment and revision of standards related to civil construction, road, road facilities and public transport in framework of implementing the “National Program for Promoting human rights, participation and development of PWDs” (the National Program), approved by the Government Resolution #321 in 2017, a sub-commission was formed and released a set of recommendations and conclusions.
28.Road and transport sector made some positive changes, following the recommendations. For instance, railway stations are being announced, and station names and locations are being displayed on screens clearly. These are the services that meet the needs of persons with visual and hearing impairment and are accessible to them. Passenger train #482 has been equipped in compliance with the national standard МNS 5876:2012, carefully considering passengers with disabilities, so that facilitating wheelchair users the possibility of travelling comfortably on railways without any obstacles. The train travels twice a week as per approved schedule and had served 2,160 PWDs during 216 travels. By installing handrails and constructing access ramps for wheelchair users, railway stations pay attention to comfortable travel of passengers with disabilities. Passenger and service centers in Bayanzurkh and Songinokhairkhan districts in Ulaanbaatar city added an option “A seat for a person with disabilities” in the ticket booking system for the purposes of introducing international standard services and providing accessible services to PWDs.
29.In 2018, a total of 9731 m2 area with loose dirt in Ulaanbaatar city was paved, facilitating conditions for pedestrians and PWDs to travel freely. Also, 450m “guiding road” was installed along roads this year. Traffic lights with sound signals were installed at 5 locations in the city. In framework of SOS service, Chinggis Khaan International Airport had developed the instruction for welcoming service for passengers with disabilities and is introducing the service in its operations. In order to implement the provision of the Law on Human rights of PWDs, stating that PWDs should be served without queue in public service facilities and in other organizations, districts in Ulaanbaatar city, some local public transport centers and branches constructed access ramps for PWDs, placed in the service hall the icon of staff to serve queue-free, and facilitating conditions for persons with visual and hearing impairment to have access to service information by using transport screens and loudspeaker. These achievements and positive changes are the results of collaboration between the state of Mongolia and civil society organizations, especially NGOs operating for PWDs, as well as projects and programs implemented by international and foreign organizations.
30.In the future, Mongolia needs to take more expansive measures to increase accessibility of infrastructure, and to attach close attention on improving accessibility of public transport services.
Promoting employment of PWDs
31.Employment of PWDs is promoted via setting up quotes on companies and entities, promoting self-employment and household business of PWDs and promoting employers who employ PWDs.
32.As stipulated in the Labor Law of Mongolia, business entities and organizations with more than 25 employees should employ PWDs and midgets in 4 percent or more of their jobs and positions. If the business entity fails to comply with this provision, it should pay a monthly payment to the Employment Promotion Fund (EPF) with respect to each post for which the person with disabilities should have been employed. Funds of the EPF are being used for promoting employment of citizens and PWDs.
33.For the purpose of accelerating the enforcement of the Labor Law, the President of Mongolia released the Order #128 “On giving directions to the Government” in 2018. Executing the Order, the Government of Mongolia adopted the Resolution #111 in 2019, revising the payment rate. In other words, the payment amount should be equal to average salary of employees in an organization in Ulaanbaatar city, Darkhan-Uul and Orkhon provinces, and 60 percent of average salary of employees in an organization in other provinces. Also, it was ordered to employ PWDs and midgets in budget organizations of all levels, in state owned and private enterprises at established quote; and obliged all direct budget managers to generate payment to be paid by entities that fail to comply. In order to implement the order #128 of the President of Mongolia, released in 2018, MLSP prepared and is implementing the action plan for 2018–2019. As specified in the Law on Employment Promotion, the Government approves and implements the annual program for promoting employment of PWDs and promotes employers who employed PWDs.
34.The program for promoting the employment of PWDs focus on promoting self-employment and household business of PWDs through providing professional and business skills to them. In 2018, 4.5 billion MNT was budgeted for the program for promoting employment of PWDs, and as of the end of the year, 3,647.1 million MNT was disbursed, 5,692 persons were involved, 1,209 permanent and 134 temporary jobs were created. The budget of 4.4 billion MNT is approved for the implementation of this program for the year 2019. According to the law on Employment promotion, employers, who hired for the duration of over 12 months’ PWDs, and persons who were unemployed for over 6 months, will be given one-time incentive pay equal to 12 times the minimum labor wages. It stimulates the interest of employers to employ PWDs.
35.For the purpose of improving legal framework for employment promotion services, programs and projects, revised draft law on Employment Promotion was prepared. The draft added a special chapter “Promotion of employment of PWDs” to make the provisions more specific. Under the soft loan from the Asian Development Bank (ADB) and aid from Japan Fund for Poverty reduction (USD 27 million), the Government started implementing the project “Ensuring inclusiveness and service delivery for PWDs” (ADB project) last year. The Project has 5 components, of which the fourth component aims at improving work and employment for PWDs. Its output will (a) set up models to increase skills of PWDs to enter selected industries and improve general job matching and brokerage, (b) facilitate inclusive business and organize support systems for PWDs to access regular jobs and self-employment, and (c) strengthen participation from PWDs by monitoring employers’ compliance with the PWDs employment regulation.
36.The activities will focus on making public employment and DPO service policies and practices more effective in creating individual pathways to employment (e.g., case management and job coaching); supporting the development of DPOs employment resource center in Ulaanbaatar (infrastructure, equipment, training, and capacity building) that can provide services to PWDs, employers, and public employment offices; and supporting employers and PWDs in the enforcement of legislation regarding employment quotas for PWDs.
Reply to paragraph 1 (c) of the list of issues
37.National Disability Steering Committee to coordinate multi-sectoral coordination at national level and manage the implementation of Article 41 of Law on the rights of the PWDs in order to protect the rights of PWDs is headed by the Cabinet member in charge of issue of PWDs. Branch disability committees at province, capital city and district level and sub-committees at ministries level monitor the implementation of Law on the rights of PWDs and the National Program and produce recommendation based on the reports of the activities. The participation of Disabled People’s Organizations (DPOs), who have expertise in the field, is ensured which will lead them to monitor to State activities. We have a system that in the beginning of the year the sub-committees developed their plan of action and but the end of the year the report will be submitted. There are 7 criteria of impacts and 116 criteria of activities.
38.The implementation of the National Program is monitored with above-mentioned criteria.
39.The General Authority for the development of PWDs (GADPWD), the Government implementing Agency is established in 2018 with Parliament and Cabinet resolutions, which provides professional methodology and management to the implementation of Law and the National Program. The Agency has 35 staff. Its mandate is to implement CRPD, Law on the rights of the PWDs, its related laws and legislations, coordinate multi-sectoral collaboration, and support PWDs to access state services and active participation to the social life. The financial resource is budgeted in the Annual State Budget to implement the National Program. 170 million MNT spent in 2018 and 500 million MNT is planned for 2019.
40.The sub and branch disability rights committees develop their yearly plan of action and related budget to implement activities described in the National Disability Action Plan. In 2019 MLSP, Ministry of Health (MOH), Ministry of Education, Culture, Science and Sport (MECSS) and Ministry of Food, Agriculture and Light Industry (MFALI) planned the certain amount of budget for the activities by their sub-committees. Branch disability rights committees at province and capital city level are budgeting certain amount in the local budget or some specific activities are financed by the local budget.
41.However, owing to the lack of financial source, there is still difficulty to implement the Law on the rights of the PWDs and the National Program insufficiently. The Government is collaborating with international donor organizations to increase budget to implement above-mentioned laws and national programs. For instance, ADB Project is one of the projects to contribute to the implementation.
Reply to paragraph 1 (d) of the list of issues
42.It is stipulated in Paragraph 5 of Article 111 of the Labor Law, “An employer may not refuse to employ a disabled person or midget unless the condition of such person prevents him or her from working”. Also, it is stated in the Law on the rights of PWDs as follows: Article 44: “44.1 PWDs are entitled for filing complaints and claims or demand individuals and legal entities to eliminate infringements if they consider that their legal rights are violated; 44.2 PWDs are entitled for filing complaints for protection of their rights on their own or through representatives if they consider that individuals and government organizations have discriminated or restricted their rights”, Article 45: “45.1 Faulty acts and non-acts of parties which breached the present law shall be subject to penalties according to the Criminal Code and the Law on Infringement”, “45.1.1 Individuals who committed breaches specified in 6.5.1, 6.5.2 of the present law shall be subject to awareness raising training of respecting human rights of PWDs for not less than 14 days”, “45.2 If acts and non-acts of individuals and legal entities have caused harm, damage to PWDs, the offenders shall be liable of compensating PWDs”. On the grounds of these provisions of laws, PWDs may file a complaint to the relevant administrative entity or the court, if they consider that they have been discriminated.
Reply to paragraph 1 (e) of the list of issues
43.At present, more than 600 organizations are registered to protect rights and interest of PWDs in our country. In order to involve them in the implementation of the CRPD, some of them were contracted to do some researches and monitoring works and involved in state policy and decision-making processes, based on their capacity and resources. For instance, in 2018 Mongolian National Association for Wheelchair Users, “Universal Progress” and “Songino” ILC carried out the assessment on accessibility of 37 labor and social protection organizations in Ulaanbaatar in accordance with the guidelines, approved by the Resolution of the Minister of Labor and Social Protection. An action plan (Disability Action Plan) for implementing the National Program was approved by the joint resolutions #A/116, #A/304 and #A/197 of the Minister of Labor and Social Protection, Minister of Education, Culture, Science and Sports and the Minister of Health in 2018. During preparation of the National program, a total of 6 discussions were held including more than 360 representatives of state organizations and NGOs, and about 240 comments, provided by the participants, were incorporated into the National Program.
44.Also PWDs were involved in the preparation of regulations, procedures and normative acts such as “Procedure for issuing IDs to PWDs”, drafted in framework of the implementation of the Law on Human rights of PWDs, “Regulation for services to be provided to support independent living of PWDs”, “Regulation on the list and price of prostheses, orthopedics and special devices”, and “Standard for community-based inclusive development”.
45.It is already a tradition for us to involve representatives of NGOs that operate for protecting the rights of persons and CWDs in preparation of legal documents concerning PWDs, in development of reports on international conventions, and in preparation of policies and programs. For instance, over 20 representatives of NGOs that operate for protecting the rights of PWDs are involved in 5 Task Forces for developing new draft law or draft amendment to the existing laws that apply to matters under the responsibility of the MLSP. Also, a Task Force, comprising of 17 persons, is working on adding a new chapter “Promoting the employment of PWDs” to the draft revision of the Law on Employment promotion, and 9 of them are representatives of NGOs that operate for protecting the rights and interest of PWDs.
46.Last year, when a Task Force was formed to monitor the implementation of the National Program, where representatives of NGOs of PWDs were involved, creating an opportunity for them to monitor.
47.For the purposes of accelerating the enforcement of the law, and ensuring the inter-sectorial regulations, “Ad hoc council for ensuring human rights of PWDs” was formed upon the Government Resolution #136 in 2016, and the “Ad hoc sub-council for ensuring human rights of PWDs” was formed in all ministries upon the Government Resolution #116 in 2017. Each sub-council included representatives of NGOs that operate for protecting the rights and interest of PWDs. It gives an actual opportunity for all to incorporate their current problems in policies and decisions of all sectors; to change attitudes of employees in the sector; and to monitor policy implementation. Also, each sub-council prepares annual action plan at the beginning of the year, and reports at the end of the year. We see this as an achievement and advancement in cooperation between the state and NGOs.
48.In 2018, MLSP concluded contracts with 12 organizations in promoting PWDs and provided funding of 120,7 million MNT. As a result, information on relevant laws were delivered to more than 1300 persons, over 1000 persons were involved in arts and cultural events, and accessibility assessment was carried out on 60 entities.
49.This year, monitoring on the implementation of Article 11 of the Labor Law shall be conducted by the relevant NGO, and the funding has been approved. It would be more efficient if NGOs perform particular state responsibilities on contractual basis by specializing in one of issues: development or protection for PWDs; and organization representing PWDs monitor the quality and accessibility of contractual performances. In the future, it is essential to pay attention on strengthening capacity of client, customer and the state organization when having particular state duties performed by NGOs.
Reply to paragraph 1 (f) of the list of issues
50.Mongolia ratified the CRPD and its optional protocol in 2009 and publicized it by publishing on “Turiin medeelel” /State Gazette/ bulletin Issue #14 (971), of April 14, 2017. In doing so Committee on Rights of PWDs could receive information indicating violation by a State party of any articles of CRPD and examine the issue.
Reply to paragraph 2 (a) of the list of issues
51.It is stated in the Constitution of Mongolia, “No person shall be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin and status, property, occupation and post, religion, opinion or education. Everyone shall have the right to act as a legal person”. The Law on the rights of PWDs introduced the term, “discrimination on the basis of disability”, and Article 6 of the Law specifically regulates relations pertaining to non-discrimination against PWDs.
52.Under the Criminal Code, ratified by the Parliament in 2017, and became effective on the 1st of July in the same year, regulations concerning all types of discriminations based on disability are reflected as follows:
(a)Article 14.1 of Chapter 14 of the Code states that “Discrimination” should be subjected to criminal liability. For instance: Article 14.1 Discrimination. Discrimination of a person on the basis of nationality, origin, language, race, age, sex, social origin and status, property, profession, occupation, religion, thoughts, opinion, education, sexual and gender orientation and health conditions; and restriction of human rights and freedom shall be punishable by a fine equal to 450 to 5400 amounts of tugruk, or by 240 to 720 hours of community service, or by restriction of movement for 1 month to 1 year;
(b)If the crime is committed: by group; by force; by an official, misusing the functions, power, influence and privilege of the position, it shall be punishable by a fine 5400 to 27000 amounts of MNT; or by restriction of movement for 1 year to 5 years; or by incarceration for 1 year to 5 years”.
53.It is stipulated in Paragraph 1 of Article 1.12 of the Revised Criminal Procedure Law, enacted on the 18th of May 2017, “All citizens in Mongolia are equal before the law and the courts without discrimination of their nationality, origin, language, race, age, sex, social origin and status, property, profession, occupation, religion, sexual and gender orientation, disability, thoughts, opinion and education, and all legal entities are equal before the law and the courts without discrimination of their assets, income, business area and organizational form”. And Paragraph 2 of Article 7.5 states, “If the culprit does not have command of Mongolian language, information specified in Paragraph 1 of this Article shall be taken through his/her mother tongue or languages and scripts known to him/her or if mute or deaf then with the help of gestures and special signs, translator and interpreter”. Paragraph 231.9 of Article 231 of the revised Law on the Enforcement of Court Decisions, ratified on the 9th of June 2017 and became effective on the 1st of July 2017 states “Prison camp shall facilitate accessible and obstacle-free environment and conditions that respect special needs of prisoners with disabilities, and ensure their rights”.
Reply to paragraph 2 (b) of the list of issues
54.Article 13 of the Law on Primary and Secondary Education of Mongolia regulates relations pertaining to special secondary schools and specified that other regular secondary schools should be responsible for creating environment for CWDs to obtain elementary, primary and secondary education. According to this provision, each secondary school is obliged to ensure special needs of CWDs. “Regulation for equal inclusive enrollment of CWDs in secondary schools” was approved by the Resolution of the Minister of Education, Culture, Science and Sports in 2019. The Regulation stipulated that “Support team”, in charge of promoting inclusive education, and providing support and assistance to children for getting adapted to the school, obtaining elementary, basic and secondary education, should be formed at the order of the School Principal, and the Support team should be responsible for assisting children for getting adapted to the school environment, conducting surveys on development traits, advantages, and needs of children to learn and develop, providing methodological support for parents, teachers and caregivers on how to work with CWDs, and cooperating with relevant professional organizations.
55.Also, the following actions are being implemented to provide support for children to get adapted to the new environment: to introduce children to the school environment in prior to enrollment; to hold a meeting with the teacher to be in charge of the class; to inspire children to go to school; to solve problems facing the children together, to activate and motivate children, and to organize campaign child-to-child fellow helper. In the academic year 2018–2019, 7,605 out of 10,660 CWDs, aged 0–18 are enrolled in education. It was previously mentioned in Article 1(b) above that in collaboration with the Inclusive education network NGO, MECSS drafted the “Regulation for providing learning environment and facilities appropriate for CWDs at all levels of educational institutions”.
56.2020 state budget proposal presents to allocate 3.3 billion MNT for suitable facilities and creating environment. In addition to it, 3.3 billion MNT is presented in the budget for establishing “Support hall” in each province. Also, hall for supporting CWDs shall be established in all provinces under the World Bank funding. Following the Government Resolution #145, 2019 that orders “to review and resolve the issue of providing bonus to teachers working with CWDs in regular kindergartens and secondary schools starting from September 1, 2019”, relevant draft Regulation has been prepared and is ready to be submitted for a discussion.
57.The term and clause “adjust to special needs” does not exist in the existing Labor Law and the Law on Employment Promotion, and these laws are undergoing revisions. It’s been a while since the term “job place adjusted to the characteristics of PWDs” had been introduced. It implies a “job place that meets the special needs” of PWDs.
58.For instance, it was specified in the “Program for Promoting The program for promoting employment of PWDs, approved by the Resolution #01 of the National Employment Council on the 14th of January 2019 states that project proposals, developed by companies and NGOs for the purpose of creating permanent jobs that meet the special needs of PWDs, should be selected, and up to 50 million MNT could be granted to companies on 100 percent repayment condition, and up to 30 million MNT to NGOs on non-repayment condition, estimating the grant per one job would be up to 5 million MNT. Financial support of 920 million MNT was granted to a total of 69 entities this year and 184 PWDs got jobs under this Program.
Reply to paragraph 2 (c) of the list of issues
59.National Council responsible for harmonizing nationwide synergy of intersectional interventions on ensuring human rights of PWDs, and providing general supervision for the enforcement was established under the auspices of Prime Minister of Mongolia, but since 2018, the Council is headed by the Cabinet member in charge of matters concerning PWDs-Minister of Labor and Social Protection. The functions of the Council Office are performed by the Department for Development of PWDs at MLSP, aligning intersectional harmonization, ensuring enforcement of relevant legislation, policies and programs for safeguarding human rights of PWDs, and providing professional and methodological counseling. MLSP organizes phase-to-phase actions to involve NGOs that operate in protecting rights of PWDs in the evaluation and monitoring on the enforcement and implementation of the Law on the rights of PWDs and the National Program, and to support and strengthen their capacities. Involvement of NGOs in policy and decision-making processes is provided in detail in section (e) of the Committee Question 1.
60.For the purpose of providing information to NGOs operating in safeguarding the rights of PWDs and the citizens, involving them in state policy-making processes, and incorporating their opinions and comments in resolutions, MLSP has been organizing the event “Information time”, involving PWDs and representatives of NGOs since February 2018. This event had been organized 7 times in 2018 and become regular since the beginning of 2019. During the Information time, information and introduction on operations of sub-councils of ministries, new draft laws, on-going projects and activities are provided.
Reply to paragraph 2 (d) of the list of issues
61.Article 16.14 of Constitution of Mongolia stipulates that the citizen of Mongolia shall have the “Right to a remedy and reparation for damage caused by others and file complaint to court, for acts violating his/her rights and freedom granted by the Mongolian law and international treaties” and the issue of being compensated for the damage illegally caused by others is regulated by relevant provisions of the Criminal Code, Criminal Procedure Law and Civil Code. A citizen, who deems that he/she had been subjected to disability discrimination, has a right to file a complaint to the court under these legal provisions. Upon discussing the case and establishing the action or inaction of the guilty party, the court shall impose sanctions specified in the Criminal Code and the Law on Infringement. If any damages were incurred to the citizen due to discrimination, the court shall establish the amount of compensation and make verdict to get the compensation paid by the guilty party. It was mentioned in the “17th Status report on Human rights and Freedom in Mongolia”, published by the National Human Rights Commission of Mongolia (NHRCM) in 2018 that there might be cases where citizens could not file the complaint and could not have the issues resolved properly due to unawareness of the legal regulations. Also, there are cases where legitimate verdicts on repayment of compensations are unenforced or stagnate. Therefore, “National Program for Improving public legal education” is being implemented to increase awareness and improve legal knowledge of PWDs, and to provide legal assistance and counseling to them.
Reply to paragraph 2 (e) of the list of issues
62.Ministry of Justice and Home Affairs (MoJHA), in collaboration with the National Legal Institute, Hanns Seidel Foundation and Jantsan Foundation prepared 14 video memos for improving legal knowledge and education of the people. Considering the accessibility to persons with hearing disability, these video memos were translated into sign language and published on the websites of MoJHA, its 12 agencies and organizations, and on screens placed at service halls of agencies. Furthermore, training (Sign language training) for preparing guides and translators, who would explain and deliver the messages and information on operations and activities of MoJHA and its agencies to PWDs was organized in 2018 in collaboration with National Rehabilitation and Training Center. Representatives of 11 organizations were enrolled in the training and received their certificates. State registration authority involved 1–2 welcoming and service staff from each local office in braille and sign language training. A total of 26 local and capital city staff has completed the beginner’s sign language training with certificates.
63.In order to prevent from ethical breaches and enlighten the officers, several trainings had been organized in 2016 by the Judicial General Council for 57 court judges and 250 officers of the capital city and 5 provinces, and more than 25 employees of NGOs, selected by Open Society Forum NGO for judicial observation. The training themes were “Procedure for reviewing complaints regarding judge’s ethics”, “Communications and attitude of officers of court administration”, and “Breach of code of conduct of judges and the right to file a complaint”.
64.The National Police Agency organized a module training “Methodology for communicating with PWDs” for criminal detectives and detectives in charge of combating crimes in 2017, and “Preparing guide-police to be in charge of communicating with PWDs” for patrols, watchmen, and unit inspectors in 2018. A total of 105 officers from police units, departments and territorial branches were involved in the training. Training like these should be organized phase-by-phase for judicial and civil officers at all levels in the future.
Reply to paragraph 3 of the list of issues
65.No provision or clause in the Constitution of Mongolia, and laws on education, health, labor and family that restrict or discriminate against women in any way. The same applies to women and girls with disabilities. Mongolia ratified the UN Convention on Elimination of All forms of Discrimination against Women in 1981 and enacted the Law on Promotion of Gender Equality in 1991 and the Law to Combat Domestic Violence in 2016. National Program for Promoting Gender Equality was adopted in 2017 and is being implemented.
66.MLSP involve representatives of NGOs that operate for safeguarding and protecting the rights of women and CWDs in preparation of legal documents concerning PWDs, in development of reports for any international conventions and treaties, and in all program and policy-making processes. Women and girls with disabilities, and representatives of NGOs that operate for safeguarding their rights participate in all activities that are taking place.
Reply to paragraph 4 (a) of the list of issues
67.According to the 2018 statistics, 1,087 children are enrolled in pre-schools, and 6,518 children in secondary schools nationwide in the academic year 2018–2019. It accounts for 57.2 percent of pre-school age CWDs, and 78 percent of school-age CWDs. In framework of increasing school enrollment of CWDs and promoting inclusive education, the JICA funded project “Enhancing health, education and social welfare services for children with special educational needs” is being implemented in 4 special and 8 regular schools. Also, in collaboration with the UNICEF, the project “Inclusive, healthy and quality learning environment” has been implemented in 6 schools. Under this project, an application “Friend (“Naiz”) has been developed to help CWDs to overcome potential obstacles that may encounter in their school life. For the purpose of increasing training opportunities for youths with disabilities, Vocational education and qualification School of National Rehabilitation Center offers training for the following trades:
Bakery and pastry technologist
Sign language interpreter/translator
Computer operator; and newly opened the following trades upon employers’ requests:
“Green-house farmer”-1 year
“Textile looper”-1 year
68.A total of 205 youths with disabilities graduated from the vocational center and entered the labor market. Of these, 62 youths majored in 7 trades in the academic year 2016–2017, 43 youths in 5 trades in 2017–2018 and 100 youths in 8 trades in 2018–2019. Average employment rate of total graduates is 68.5 percent. Provincial and local ad hoc sub-commissions in charge of education, health and social protection of CWDs take measures such as involving CWDs in medical check-ups and tests; early detecting disabilities; returning children, who dropped out of school, to education services; and providing social welfare and protection. For instance, these sub-commissions involved about 5000 children (duplicated number) in relevant services in 2018, and based on local resources, they are taking measures to establish a Day-care center and “Development center for CWDs” for supporting the development of disabled children, who had not been enrolled in schools, to send CWDs to sanatorium, and to involve children in specialized physician’s check-up.
Reply to paragraph 4 (b) of the list of issues
69.The following support services are provided to parents with disabilities and parents of CWDs in accordance with the Law on Social Welfare and the Law on Human rights of PWDs:
(a)Monthly social welfare pension (174,000 MNT) for midgets, who reached 16 years old and PWDs who lost 50 or more percent of their labor capacity;
(b)Monthly allowance equal to present social welfare pension (174,000 MNT), established by the Government, for CWDs up to 16 years old, who needs permanent care;
(c)Discount rate for stationary, textbooks and school uniform for CWDs and children of parents with disabilities studying at the pre-school or secondary schools;
(d)Apartment utility fees or monetary assistance once a year for purchase of fuel for CWDs up to 16 years’ old who needs permanent care, persons with full vision and hearing impairment, dwarf individuals and persons who have lost employment capacity if their accommodations are not centrally heated;
(e)If CWDs up to 18 years old have outgrown their prosthesis or the prosthesis are out of use and if the prosthesis are manufactured locally, the expense shall be 100% reimbursed by the Government;
(f)CWDs up to 18 years old shall be entitled for 100% reimbursement of expenses for purchase of locally produced prosthesis and wheelchairs once in three years;
(g)Discount for transport expense of CWDs, their caregivers and caretakers to and from school or pre-school, or bus services shall be made available;
(h)The following persons in need of nursing care at local resorts shall be provided with one-time yearly subsidy for transportation, accommodation and meal expenses a) 100% for CWDs; and b) 50% for one caretaker of CWDs;
(i)CWDs shall be accessed to local resorts and care centers without reserving slots;
(j)If persons residing at a distance of 1000km or more, travel to capital city for detailed medical examination based on the decision of expert physicians of the province medical centers, the travel expenses shall be reimbursed once a year;
(k)Subsidies shall be made available for kindergarten meal expenses of CWDs or of children of persons who have fully lost employment capacity;
(l)If CWDs enroll in children’s summer camp, the 50% of the fee shall be subsidized by government;
(m)If CWDs receive aquatic therapy based on the recommendation of a hospital, 70 of fees shall be reimbursed.
70.In addition to it, members of the family of PWDs who meet particular requirements shall be eligible for enrollment in programs such as “Child money”, “Specialized nursing care”, “Community-based welfare services” and “Food allowance”.
71.Also, the state organizations and NGOs organize activities for parents and caregivers of CWDs. For instance, a “Cabinet for counseling psychology” was established under the National Rehabilitation Center in 2018. A comprehensive training-rehabilitation activity under the theme “Early detection of CWDs and participation” was organized in 10 provinces, involving families and caregivers of CWDs, and such activities are going to be expanded in the future. For the purpose of promoting employment of parents of CWDs, parents of CWDs had been involved in the Program for Promoting employment since 2018.
Reply to paragraph 4 (c) of the list of issues
72.Mongolia ratified the Children’s Rights Convention in 1990 and enacted the Law on the Protection of the Rights of the Child in 1996. This law had been annulled in 2016, and the Law on Child Protection and the Law on the Rights of the Child were passed. Moreover, “National Program for Child Development and Protection (2017–2021), approved by the Government Resolution #270 in 2017 is being implemented. These laws prohibit any violence and mistreatment against child, prevents child from abandonment and neglect, fully bans all types of physical punishment on child. For instance, Article 10 of the Law on Child Protection states as follows:
“10.1. To promote social reintegration of a child, the following responsive services shall be provided to a child in risky conditions; a victim of crime; committed to crime and offence; been sentenced or taken compulsory measures; or released from a correctional facility:
10.1.1 Receive, detect and inspect information;
10.1.2 Assess the condition;
10.1.3 Ensure safety;
10.1.4 Support and mediate;
10.1.5 Provide child rights legal committee services;
10.1.6 Reunite with their family.
10.2. Responsive actions for child protection shall be performed by a state organization or may be delegated to an individual specialized in child protection, or an accredited legal entity on the basis of having some state duties performed by others on contractual basis”.
73.In framework of enforcement of this provision, it is possible to collaborate with NGOs that operate for CWDs and their parents. In order to protect the rights of women and girls with disabilities, and to determine the forms of exposure to violence and pressure, an exclusive sample survey was carried out. Based on the survey findings, recommendations and reviews provided by researchers, as well as recommendations on sexual and reproductive health issues, and exercise of rights of women and girls with disabilities, specified in the 18th Status report on Human rights and Freedoms in Mongolia, produced by NHRCM, certain measures are organized and some issues are being incorporated into legal documents.
74.In framework of the memorandum signed with the World Vision International organization, “Home visiting” Program is being implemented in 16 provinces and 5 districts since January 2017. Under this Program, 250 home visitors were trained and co-organized 4 methodological training. In 2018, 8100 households of target group nationwide were selected and included in the Home Visiting Program. Since “Home visiting Program” is more appropriate for remote local areas and suburban areas, it is planned to continue the program in the future, and with the participation of NGOs and a private sector to expand direct services to women and girls with disabilities.
Reply to paragraph 4 (d) of the list of issues
75.Representatives of PWDs are involved in drafting, discussion, enforcement and monitoring of policy documents and legal acts concerning human rights and interest of youths and children. Certain measures are taken to increase social participation of PWDs, to facilitate conditions for them to express their views, and to improve their communication skills. For instance, 9 set of life skill training modules covering communications with PWDs and improvement of social participation of PWDs were developed, and the training for training the trainers was organized for employees of Youths’ Development Centers in 21 provinces and 9 districts. The trainers are now organizing comprehensive life skill training for adolescents and youths with disabilities aged 15–34. As a result of the training, many initiatives and ideas towards children and youths with disabilities are being proposed in local areas. For instance, Youths’ Development Center in Songinokhairkhan district in Ulaanbaatar announced 2018 as the “Year for Promoting the participation of target group youths”, celebrated “Youths’ development Month” on the occasion of the “Mongolian Youths’ Day”, and organized “Equal Rights-Equal opportunities” event in order to hear youths with disabilities, to make it possible for them to unite and express their views, to promote their physical, intellectual and sports skills and health. During the event, information on social welfare services provided by the state to PWDs and on international policies and decisions concerning PWDs was shared, and sport competition was organized among youths. The event was effective that it uplifted their self-esteem and increased their active participation in socializing.
76.Representatives of NGOs that operate for children and youths with disabilities and for their rights regularly participate in activities, organized for PWDs and for NGOs. In the future, involvement of children and youths with disabilities in national and local conferences, seminars, workshops, training, cultural, arts and sports events, as well as in policies and programs shall be promoted locally and centrally.
Reply to paragraph 5 of the list of issues
77.Under the JICA DPUB project, 32 trainers with disabilities were trained to organize the “Disability and equality” (DET) training. Thanks to their assistance, 250 training had been organized, involving 8500 civil servants and private sector employees. This training is being organized by the MLSP for its 45 agencies, and sub-councils in charge of ensuring human rights of PWDs under each ministry organize the training in their sectors. Representatives of state and private entities such as the Institute of Teachers’ Professional Development, Metropolitan Education Department, and teachers of province and district childcare services were involved in the training, and significant changes are observed from the environment and accessibility of organizations, included in the training.
78.It is planned to include officers and employees of health, sports, education and science sector in the training.
79.For the purpose of expanding training on increasing awareness on disabilities in local areas, local trainers are being trained. Also, in collaboration with the “Universal Progress” ILC, “MONGOLIA TRY” influencing campaign had been organized since 2018 in order to ensure enforcement of the Law on Human rights of PWDs, and to increase social awareness to create environment that is friendly and accessible to PWDs. The contents of “Health” subject to be included in the Secondary school curriculum had been approved and is taught as a part of “Human and the environment” subject for 1–3 grades and is being taught covering 6 areas: personal hygiene, food, exercise, mental health, bad habits and reproductive health in grades 4–12 in the academic year 2019–2020. In framework of ensuring the enforcement of Article 7 of Chapter 2 of the Law on Human rights of PWDs, a training module has been developed in collaboration with the representative Office of UNESCO in Beijing to involve media in increasing public awareness on disabilities, and promoting positive attitude that gives opportunities for PWDs, and 25 journalists had been trained as trainers. We believe that it would be a leverage for resolving many current problems that PWDs face, including infrastructure, information accessibility, health and education support services, social welfare and protection services, employment and permanent jobs.
Reply to paragraph 6 (a) of the list of issues
80.For the purpose of improving and promoting accessibility to PWDs, Communications and Information Technology Authority (CITA) implemented the Project “Developing a software for converting Mongolian scripts into audio” in 2019. The software, developed under this project, comprises of a system that converts text scripts into speech or speech synthesis and a screen reader that supports the synthesis. However, usage of this software is insufficient. CITA’s sub-council in charge of ensuring human rights of PWDs had set forth in its 2017–2020 action plan the provision of service of receiving and conveying emergency calls in audio and video formats in framework of promoting information accessibility to PWDs. In this regard, Communications regulatory Commission of Mongolia and “Unitel” LLC initiated “My assistant 104” call service that would receive and convey emergency calls in audio and video formats. However, only 400 out of 1,000 persons who get communications benefit from Social welfare fund used “My assistant 104”. This service had been temporarily stopped as over 300 users had not paid the bills and 238 users cancelled the service. In order to continue this service in the future, initiation of Hotline service has been incorporated into the ADB project.
81.A series of measures such as strengthening national capacity, assessing the conditions, researching the technological advancement, and finding appropriate solutions is being taken in collaboration with the JICA DPUB project in order to remove barriers on communications and IT.
82.For instance, information accessibility assessment had been carried out under this Project in collaboration with the National Association of the Deaf and the National federation of the Blind. Information accessibility of the blind had been assessed by 9 criteria, and that of the deaf by 7 criteria, and some recommendations were provided.
83.The Council in charge of ensuring human rights of PWDs under CITA established a sub-council in charge of improving information accessibility to ensure preparation for applying the international standard N.702 for sign language and subtitle technology into the public television.
84.A series of seminars on promoting information accessibility had been organized, and state and private organizations decided to cooperate on creating a model. Sub-council under the CITA has defined the creation of model site and television in its action plan for 2019 and has selected the television and the site. In framework of the ADB Project, meetings between the client, user and implementer parties had been held regarding the design and development of software for converting data on the computer screen into audio/speech information to make it accessible to persons with visual impairment.
Reply to paragraph 6 (b) of the list of issues
85.Measures that are taken, and relevant norms and normative to improve and enforce legal framework for creating infrastructure accessible to PWDs in order to promote their social participation are specified in section 3 of Question 1 (b). In pursuant to the Resolution of the Minister of Labor and Social Protection on organizing the assessment on accessibility of labor and social welfare organizations in Ulaanbaatar to PWDs, the following actions were taken on the basis of the assessment recommendations that are developed in collaboration with the evaluation team of “Tugeemel Khugjil” center:
A total of 9,731m2 area with loose dirt in Ulaanbaatar city was paved, facilitating conditions for pedestrians and PWDs to travel freely;
Access ramps for PWDs were constructed on 4 locations;
450 m “guiding road” was installed along pedestrian sidewalks;
Exterior areas of 6 hospitals were refurbished and commissioned.
86.Also, a pilot project for improving accessibility of the MLSP building had been implemented.
87.As compared to previous years, a relatively more funding was disbursed for these activities, and the amount of future fund for disbursement for promoting accessibility will increase, following the ratification of new laws. Measures taken to increase accessibility of public transport, buildings and facilities, and public roads and sidewalks are provided in detail in answer to section (b) of Common obligations of this Report.
Reply to paragraph 6 (c) of the list of issues
88.A proposal for expanding the ad-hoc council in charge of ensuring human rights of PWDs had been prepared and approved by the Government Resolution #308 in 2018. As ad-hoc councils expand, each sector shall focus more on PWDs, incorporate human rights issues related to PWDs in legislation, policies and programs, and extend possibilities for PWDs and NGOs to participate in enforcement and monitoring processes. For instance, the Minister of Construction and Urban Development established contracts with Governors of the capital city and provinces on the 31st of January 2018, specifying that accessibility of all public building in the capital city and in provinces to PWDs should be evaluated, conclusions on promoting accessibility should be made, and enforcement of such should be monitored. Moreover, evaluation on accessibility of state and public buildings had been assigned to be performed by organizations of PWDs, relevant measures are taken on the basis of the evaluation. For the purpose of ensuring enforcement of legislation and regulations, independent construction and architecture experts are assigned to do the probability assessment on technical drawings of buildings for apartments, schools, pre-schools, offices, service centers, hospitals, dormitories, and cultural centers. Representatives of PWDs are included in the state commission in charge of commissioning buildings in conformity with the “Regulation for commissioning premises”, adopted by the Government in 2017.
89.With the support of JICA DPUB project, a detailed action plan is being formulated for extending cooperation and improving harmonization between state central administrative body, relevant state organizations and private companies, and enhancing the system for issuing construction permits and monitoring. As a result of it, a checklist will be prepared to check if PWDs are included in the process of granting permission for constructing a building and commissioning the building.
Reply to paragraph 6 (d) of the list of issues
90.Needs of PWDs are specified in more than 10 norms and rules effective in Mongolia. If newly constructed buildings and premises do not meet these standards, they shall not be commissioned, and after corrective measures are taken the state commission shall review again and commission the building. Also, General Agency for Specialized Inspection (GASI) carries out inspection on use of premises and takes corrective actions. For instance, upon the guideline #01/58, adopted by the Director of GASI in 2019, a nationwide preventive inspection was carried out within the requirements of accessibility to PWDs for the period March to October 2019 on construction drawing, installation, use, materials, equipment quality and safety of apartments, public and civil facilities and buildings, streets and areas.
91.As of August, over 190 kindergartens, schools, entertainment centers and apartment buildings were inspected nationwide. According to the inspections, the following drawbacks were common: planning for PWDs (For instance, restroom, lift, guiding blocks inside the building, parking lot, information system fitting were missing) is not fully included in the technical drawing for new buildings, access ramps were planned but could not meet the standards, no guiding blocks were planned, and restroom for PWDs, guiding blocks, access ramp, addressing, and parking lot were missing in the commissioned buildings. To remedy the defects and drawbacks, 48 official requirements and 25 conclusions were sent to relevant organizations. Under this operation, 9 training was organized for construction designer, architect, client and executor companies and individuals, involving more than 300 people.
92.10 kinds of posters and recommendations on planning that considers PWDs were published on public and organization’s websites.
93.The following measures were taken as results of the inspection:
(a)In Orkhon province, gateways for PWDs to cross the central road and sidewalks are to be built on 91 locations in Erdenet city in 2019 with local funding;
(b)Following up time-strict assignment for remedy, access ramps, restroom equipment, guiding blocks, exit and entrance, parking lot, and address signs indicating services in each room and floor were installed, constructed and corrected in more than 50 buildings and premises.
Reply to paragraph 7 of the list of issues
94.Mongolia adopted “Mid-term strategy for implementing Sendai Framework for Disaster Risk reduction”, and trained 65 trainers in universities, 65 in schools and kindergartens, and 90 trainers in TVETs and Polytechnic colleges in 2017. In 2018, training for students in universities, vocational colleges, secondary schools and pre-schools was organized 795 times under “Be ready” interactive program, involving 153,209 persons.
95.In the academic year 2018–2019, the subjects “Safe life skills” and” Disaster prevention management” were incorporated into the curriculum as mandatory courses. Training and methodology center were established for safeguarding citizens in the capital city from disaster. This center is a comprehensive complex with Earthquake room, Smoky environment practice room, Medical first aid training room and the emergency unit. Also, Status report on National disaster, the first “White paper” of Mongolia for disaster prevention were published in 2018 and “Community based disaster risk research methodology” was prepared in collaboration with the World Vision International organization.
96.In order to increase voluntary participation in disaster risk mitigation, “Be ready” training was provided in 12 package courses to 4,497 citizens, and members of 1014 “Voluntary units” for emergency of 21 major companies and entities in 48 sub-committees in 9 districts of Ulaanbaatar, based on first aid partnership of 330 villages in 21 provinces. The training involved 5,511 citizens of 399 units. National Emergency Management Agency, World Vision Mongolia International organization and Mongolian Red Cross Society organized a total of 2229 training in 21 provinces and 9 districts using “Be ready” training package developed in 2018. A total of 279,791 persons, out of which 5006 were persons and CWDs, were involved in the training.
97.“Sub-group for protecting children during emergency” was formed upon the Resolution #A/155 of the Director of Family, Child and Youth Development Agency on the 25th of July 2018. A team to work with CWDs during emergency was formed in the main 5 sub-group teams and the team comprises of professional officers and is preparing a child protection mapping during emergency and disaster. “Child protection sub-cluster readiness plan” during emergency shall be developed and the plan has specified particular provision on working with CWDs and providing health, social and psychological assistance and support during emergency. This plan will be passed in 2019, and the capacity of professional child protection units will be improved.
Reply to paragraph 8 (a) of the list of issues
98.Article18.2 of the present Civil Code which states that court shall deem deprived of civil legal capability the persons, unaware of own conduct and lacking self-control due to mental diseases, and shall establish for them custody; and article 18.3 states that legal proxies shall conclude any transactions on behalf of persons with deprived civil legal capability. These provisions ensure that Court shall establish custody to deprived of civil legal capability the persons; and those persons can make decision with their custody’s assistance. Other than that, there is no provision to eliminate PWDs’ equal participation in the civil society. Thus, there is no need and demand to amend to present Civil code.
Reply to paragraph 8 (b) of the list of issues
99.“Legal aid center” and its branches at local areas are offering pro bono service to all PWDs, especially for persons with psychosocial and/or intellectual disabilities to exercise their legal capacity in the all areas of life. The center provided pro bono service to 79 PWDs in 2016, 82 in 2017, 110 in 2018, 95 at the first 8 months of 2019.
Reply to paragraph 8 (c) of the list of issues
100.In cooperation with DPOs of Mongolia, we have organized trainings to PWDs and to DPO’s managers in 2018, April. There were more than 70 PWDs attended in a training and got knowledge about human rights, and legal provisions. Regarding to the National program on promoting Public legal education, we provided information about “Human rights of PWDs” to the www.ekhutuch.mn website. Further, “family legal guidance” booklet which includes information about peculiarity of right to education and right to work of PWDs; and issues regard to social protection and social welfare. We are also preparing informal curriculum and handbook of legal training for all citizens. General execute agency of court decision has organized human rights training to its officers. Human rights commission of Mongolia, collaborating with Mongolian Bar association has organized a training for Human rights facilitators.
Reply to paragraph 9 of the list of issues
101.Article 18.1 of the Civil code states that Persons under seven shall lack civil legal capability and article 18.2 states that Court shall deem deprived of civil legal capability the persons, unaware of own conduct and lacking self-control due to mental diseases and shall establish for them custody. According to the survey done by National Statistics Office (NSO), there are 20,371 persons with intellectual disability by the end of 2018, which is 19.3 percent of all PWDs.
102.However, there is no survey on how many of them have been deprived of their legal capacity by the court.
Reply to paragraph 10 (a) of the list of issues
103.11 officers from 1 organization including the MoJHA and its agencies are trained to be interpreters and/or escorts for PWDs. In accordance with the “Plan for building capacity and capability of Police officers”, adopted by the Director of Police, we have organized “Disability etiquette” trainings from 2016 to 2018 and more than 100 officers have participated. The training covered following issues: “Basic knowledge about disabilities and types and peculiarities of disabilities”, “Assistance types that Police officers can provide to PWDs and some issues”, “Legislation regards to Human rights of PWDs”, “Etiquette to communicate with Persons with hearing disabilities”, “Etiquette to communicate with Persons with vision disabilities”, “Etiquette to communicate with Persons with intellectual disabilities”, “Etiquette to communicate with wheelchair users and accessibility issues”, “Independent living”. At the initiative of the Ministry of Labor and Social Welfare, 4 operators from the information and emergency control center have attended in the sign language training; 20 officers of the Ulaanbaatar Police Department were trained in basic sign language training.
104.According to implementing the article 27.4 of the Law on the rights of PWDs, which states that Court, prosecutors and other legislative bodies are responsible for providing PWDs with necessary conditions such as text reader, writer, sign language interpreter and translator free of charge and related expenses shall be set aside in the government budget, we, in cooperation with GADPWD, have organized “Preparing escort police who will communicate with PWDs” upper level training for 2 times in 2019. 60 officers were trained and got certificate.
105.State registration agency has been involved the Braille and sign language trainings for its 1–2 officers from each local branch and 26 officers were certified in total. We also prepared legislation book regards to human rights of PWDs and printed out 30 braille version, financed by the “Citizen’s participation-2” project, cooperated with Blind federation of Mongolia.
Reply to paragraph 10 (b) of the list of issues
106.The related state organizations have sent cooperation proposals to stakeholder for ensuring full access to legal remedies including provide interpreters and pro bono services in the case of PWDs became victim of crime or breach; or testifying them in the case of they commit crime.
Number of PWDs who victims of crime are
Number of PWDs who are prosecuted
Number of PWDs who got sign language interpreters to ensure full access to judicial remedies
Number of PWDs who got free Legal aid from Legal Aid center and its local branches
First 8 months of 2019
107.We also give guidance to the officers to provide psychological protection and assistance to victims and testifiers from the beginning of pleading; communicate with them humane; support them psychologically; protect victim’s live, health and safety; and take immediate measures against perpetrators. 2 of our officers are attended in a training for preparing interpreters and escorts for PWDs and providing appropriate service regarding to their special needs.
Reply to paragraph 11 (a) of the list of issues
108.According to Article 99 of Law of Criminal procedures (old name) the rights and duties of the participants to the criminal procedures are printed in Braille and the rights of duties and other related information to be provided to the PWDs. General safeguards to protect the rights and freedom of the PWDs accused of a crime or who became victims are established.
109.Besides the Constitution of Mongolia, Law of Police and Criminal Procedural Law, the “Standard of the organization” (Order No. 429 of 2014 of Head of General Authority of Police), “Rule to support to persons with speaking difficulties /code 238/ (Order No. A/262, 2017) and “Rule to combat against domestic violence /code 326/ (Order No. A/263 of 2017) are pursuing. MoU between General Authority of Police, International Development of Legal Organization has been signed in 2017 and project on Strengthening legal sector to combat against gender-based violations in Mongolia has been implemented. The training curriculum for policemen on protecting the rights of citizen who became victims or who is under risk of domestic violence is developed and local police organizations are monitoring to the implementation.
110.According to the “General requirement to the room to collect parole” of Order of State Prosecutor (Order No. A/57 of 2017), specially prepared room, meeting room and room for adolescents are prepared and the special permission to get from prosecutor was directed to all police organizations at all level in order to implement Article 17 of Criminal Procedural Law. There are 65 specially prepared room, 185 meeting rooms and 47 rooms for adolescents. 5 rooms are equipped with over 100 million MNT from Canada Fund investment and they are used for examination inspection and identification. According to the “General requirement to the room to collect parole”, camera and voice recorders are equipped in the meeting room, receive citizen and collect parole. Avoiding delete the video and voice data server was located in the room and operating properly.
111.Total of 481 disabled citizens are criminally charged and 74 in 2016, 169 in 2017, 165 in 2018 and 75 in 2019 and 413 male out of them (children-15) and 68 was female (children-10). In terms of their criminal cases, 14 killed someone, 187 harmed to the health condition, 23 flopped, 13 robbed, 130 stolen, 20 sexual rape, 6 domestic violence, 20 violated the security rule of auto road, and other 68 cases are investigated. Agency to Court decision pays attention to the health condition of disabled prisoners for regular medical check-up, treatment and health care service. During the reporting period 75 disabled prisoners’ disability certificate was prolonged. In collaboration with Agency of Labor and Social welfare service, yearly pension was provided to 70 prisoners and 730.8 million MNT was granted 609 citizens, who went out from prison, who are homeless after the prison and or someone needs social welfare support. Prisoners attending to the pre-training before to be freed on necessary documentations for social welfare provisions according to Law of Social Welfare, Rule to provide social welfare pension and provision (Annex 1, Government resolution 185, 2012) and Order to renew the entering line (Order No. A/14 of 2018, Minister of Labor and Social Protection).
Reply to paragraph 11 (b) of the list of issues
112.Detention centers and working places are equipped with camera according to Rule of detention center (Order No. A/246, 2017, Minister of Justice and Internal Affairs), Regime of the detention center (Order No. A/185, 2017) and Standard on necessary space for PWDs in public facilities (MNS 6055:2009).
113.In order to improve the condition of detention centers, Standard on General requirement for improving hygienic, sanitary condition and medical service of Detention Center (MNS 5527:2019) was approved by the Order No. C/18, 2019 of Head of Standardization and Measurement Agency based of draft elaborated by Task Force to improve the environment of detention centers (established in March 30, 2018 with Order No. A/98 of Chair of General Authority of Police). Avoiding human rights violations in Detention Center and implementing the above-mentioned Standard, information provisions have been directed to all level police organizations in June 2019. In order to improve the condition of Detention centers of Police organizations, total of 38 defibrillator with monitor and related parts and with cost of 5.5 million MNT. Repairing and maintenance, equipping, installing security and signal system and providing training equipment are followed by the related laws, legislations, standards of Mongolia, in order to promote the human rights. NHRCM had evaluated twice.
114.As a result of improving the conditions and activities towards human dignity and human rights, 18 detaining building out of 26 have constructed newly and 7 of them had renovated meeting to the requirement. According to Law on executing court to remand and arrest suspects and defendant, space per person us 2.5 square/meter. However, the newly constructed building’s room space is 3–3.5 square/meter, with natural light and air exchange solutions. The Detention centers, with new building and/or renovated centers are meeting to the basic requirement of Article 9. General requirement to the rooms of prisoners, of UN sample minimum rule dealing with prisoners. Sample type for food and service for suspected and defendants has been approved and food types are increased. Implementing Article 20 of UN minimum rules to dealt with prisoners, the treatment and vegetarian foods are respected. Police organization, Agency for Court decision and Border protection Agency are paying attention to the accessibility for PWDs like special counter service with signs, provide service with no queue and eye glass and hearing aids in some service halls. Except improving the environment of detention centers, awareness raising trainings organized for staff working, especially local staff dealing with PWDs. For instance, training has been organized 23 times for the staff of detention centers between 2016 and 2018. Total 526 staff attended to the training. Training curriculum with bachelor degree on Security of Detention centers-Work to pursue the law class established at the Law University with Director’s Order of 2018. In the training curriculum 2 credits (96 hours) of training is dedicated on Human rights.
Reply to paragraph 12 (a) of the list of issues
115.Law of combatting against domestic violence is adopted in December 22, 2016 and it became valid in February 01, 2017. In relation to this Law total of 33 rules and resolutions are planned to develop, 31 of them are under implementation. 12 of the Rules are dedicated for shelter for victims, social welfare and child protection service, psychological advice and referral service. Following rules and orders to implement the Law: Minister of Justice and Internal affairs, Minister of Labor and Social Protection and Minister of Health issued a Joint order on establishing Joint Team to provide primary health care service for the victims and its related financing; Rule on One stop service and its related financing; Accreditation of NGOs to provide service to the victims, and Training curriculum for volunteers to influence to the behavior change of the one who did violation. By Law rehabilitation service to the victims of domestic violations, security provisions, improve legal support, training and refresher training of staff is organized at national, regional, province and district level.
116.Within the framework of implementing the Child Rights Law and Child Protection Law, 10 rules related to current situation evaluation, establishing database, and accreditation of service providers on child protection and morality of child rights inspectors and social workers have been approved.
117.According to half year of 2019, Child help call center, hotline 108, received total of 84,819 calls and 2,569 cases are referred by the officers of local Department of Family, Child and Youth development to Joint team. 963 cases are solved providing with social services. 327 children were taken from emergency calls and proved shelter for their safety. City Police department and Department of Child and Family development organized regularly the identification of children under less control and gave the children back to the parents and care givers. In the case of needed shelter, social welfare, care center for a longer period are provided. For the children who didn’t come back home for long period and who is impossible to go back to home, will be sent to “Integration Center for children who has no control” in Bagakhangai district for socio-psychological rehabilitation. Article 13 of Child protection law stated about Standard on child caring service, which was approved by the Standardization national council in December 2017. The new standards applied to the social welfare and caring centers. Continuous training on prevention and stopping the domestic violence to the legal and court power organizations and same training is organized for students of Police academy of University of Law Enforcement.
118.Public awareness raising activities has been organized with step by step. “Care and protect” national electronic campaign were organized in 2017, where well-known actors played a role in a video on avoiding or stopping domestic violence in the website and 65,149 views have been gained. Debate among university students organized on the topic of Participation of students and youth to protect the children and decrease the domestic violence”. In the event 48 universities and 96 team attended. There are 25 shelters and one stop services for women and girls with disabilities who are victims of sexual abuse, domestic violence and inhuman addressing in 2018. The shelters have been met with standard of Mongolia (6040:2009) “General requirement to the shelter service to protect the victims”.
119.Up to date there are 14 shelters and 14 one stop service centers. According to first 5 months 972 persons were sheltered. 481 of them were adults and 491 were children. There is one shelter in each in City Police department and Dornogobi police department. According to first 5 months there are 20 PWDs were sheltered and provided legal and psychological support. They are also referred to Joint team based in their residential area. Among those who are sheltered 10 of them are adults and 10 of them were children. There are 14 persons have speaking difficulty, 2 – moving difficulty and 4 of them were people with seeing difficulty.
120.In 2018 MLSP requested a survey on describing the ways to eliminate sexual abuse against girls and women with disabilities conducted by National Center of rights of women with disabilities NGO. It concludes that the reason of becoming the risk to violations is education level of women. They can’t attend to the different kind of training courses organized by state and non-state organizations. There is lack of training materials for the PWDs. Considering the public awareness on gender equality is the basis for human development and elimination of injustice and discrimination, we are developing a manual on gender-based violation issues for the PWDs and social workers with the support of UNFPA.
Reply to paragraph 12 (b) of the list of issues
121.One of the roles of GADPWD is to monitor to the laws, regulations, policies related to PWDs, implementation of the National Program and process of the activities, assess the impact, organize auditing according to the rule and provide information and needed surveys. GADPWD is established very recently, so monitoring and evaluation to the implementation of the activities related exploitation, violence and abuse of PWDs are under planning. The Agency of child, family and youth development will take a role within the Child rights law and Child protection law. In the future it is needed to strengthen capacity of the organization, develop the related laws and related coordination mechanism and link the activities.
Reply to paragraph 12 (c) of the list of issues
122.According to Article 13 of Law on primary and secondary education states that “depending on the number of CWDs studying in the regular schools, following human resources including special teacher, assistant teacher, psychologist, nurse, rehabilitation doctor and social worker can be employed”, in case a child with disability is abused in school area, school social worker and psychologist can provide initial psychology advice, while school administration needs to work with parents and other organizations. Joint team forming of representatives from hospital, sub-district administration, police, social welfare organizations will provide support and psychological advice. For the purpose of assessing the psychology level of family members and PWDs, providing information and advice, listening to their opinions and sharing the knowledge, training on psychological individual and focus advice for the family members and PWDs was organized for the staff of National Center for Rehabilitation, Training and Manufacturing for three months in 2018, which was conducted by “International curriculum in Mongolia” NGO.
123.“Psychological advice cabinet” was opened in 2018 at the same National Center with the financial support of “Oyu Tolgoi” company on order to provide psychological advice to PWDs, their family members, and care givers with accessible and concrete way.
124.Database on persons received psychological advice was created and the psychological cabinet is operating according to the schedule.
125.Individual psychological support was given to 89 persons since April 2018. For the first half-year of 2019 24 persons received the service.
126.The purpose of the psychological cabinet is to provide support to PWDs and their family members and support to solve the facing difficulties.
Reply to paragraph 13 of the list of issues
127.The survey on sexual and reproductive health of women with disabilities is published in the Report No.18/2019 on human rights and liberty in Mongolia of the National Commission on Human Rights of Mongolia. It concludes “There is numbers of legislations and policy document regarding the sexual and reproductive health of women and youth with disabilities of Mongolia. It recommends that the above-mentioned sexual and reproductive health and its rights of women with disabilities have to be drawn into focal consideration for collaboration. NHRCM recommends to the Parliament of Mongolia following suggestions: “Two. On sexual and reproductive health and its rights of the women with disabilities:
To create information database on health care and service for women with disabilities at the State administrative headquarter on health issues; to strengthen the collection system on regular basis and to use the information to make decisions.
To insert to the training curriculum of medical specialists and social workers on human rights of PWDs and disability social model and organize the training with upgrading steps.
To ensure of making the reproductive health related information accessible to everyone in Health facilities of Provinces and Capital City level and to provide necessary assistive devices to the reproductive health cabinets and delivery hospitals meeting to the needs of PWDs.
To evaluate and monitor the Health regulations and rules and to make them in line with Reproductive health rights of PWDs described in the CRPD and National Law on the rights of the PWDs”. The conclusion, suggestions and recommendations are under investigation to implement it.
Reply to paragraph 14 of the list of issues
128.Article 19 and 19 (b) of CRPD reflected in the Chapter 32 on “Right to live independent” of the National Law on the rights of PWDs that Article 32.2 described as “Personal assistance and peer counselling services are integral part of independent living of PWDs”.
129.According to the Article 32.3 on “Rules, types and means of independent living service for PWDs and requirements for organizations to provide the service shall be elaborated by the Cabinet member in charge of PWDs”, the Minister of Labor and Social protection had issued Rule No. A/184 in 2017. However, the implementation of the Rule is not sufficient. The Rule emphasized that a disabled citizen, had lost his/her working ability loss above 70% and who is above 16-year-old, will be enjoy the right to live independent using “Personal assistance service”. Up to date “Universal Progress” ILC which promotes PWDs in severe conditions to live independent at national level, is training personal assistant. Total of 250 personal assistants trained. In Mongolia there are over 95,000 PWDs above 16-year-old, however there is no statistics of PWDs who need personal assistance service.
130.According to the Law on Social welfare, the State is providing some types of services through “Community based social welfare service” in order to promote independent living for PWDs. It includes training courses, advices, day care services and home care and welfare services in order to promote self-confidence, independent living, working practice and talent of the PWDs. Community based social welfare service is providing its service to the target groups including PWDs and elderly people executed by the NGOs and entities described in the Article 18.5 of Law of social welfare on contract basis. Total of 1.6 billion MNT service for 7,760 clients in 2016, 1.6 billion MNT service for 10,379 clients in 2017 and 3.6 billion MNT service for 21,220 clients in 2018. MLSP discussed with JICA and decided to start the second phase of project. The project will focus on elaborating policy and action plan to create a system of Independent Living of the PWDs. Following aspects are taken into account:
To elaborate Action Plan on independent living of PWDs and pilot at local level.
To organize public awareness training for local leaders and stakeholders in order to provide independent right of PWDs.
To elaborate suggestion on financial resources needed to develop the service of independent living of PWDs.
Reply to paragraph 15 of the list of issues
131.According to the Article 26 of the Law on the rights of PWDs, the prosthetic cost is reimbursed with 100% for the children below 18-year-old, when the life of prosthesis is finished, or it is not fitting owing to the growth of the body. Locally made prosthesis and purchase orthopedic devices and special devices including wheelchair are reimbursed 100% once in three years from Social Insurance Fund for children below 18-year-old and PWDs, who are not authorized to benefit from rehabilitation and prosthetic discounts. Total of 2.8 billion MNT spent from Social Welfare Fund for 15.5 thousand clients in 2018. However, the accessibility of artificial limbs and assistive devices for PWDs to increase their participation into the social life is limited. It shows a negative impact to the development of artificial limbs and assistive devices made with new technology. The Task Force to revise the List of Prosthesis and Assistive devices to be provided from Social Welfare Fund is established with the Order of Minister of Labor and Social protection. ADB project is evaluating health risk, needs of assistive devices, needed expenses and involving them social insurance packages. It will also elaborate recommendation, revise and broaden the existing list of assistive devices, create procurement system on equal basis, analyze the prosthetic, orthopedic and special devices can be produced in Mongolia and elaborate minimum standard of manufacturing and procurement in equal basis. There was no survey and evaluation have been conducted in Mongolia on fitting of prosthesis, orthopedic and assistive devices. The Government of Mongolia is facing challenges on the based-on evidences. Mongolia is also conducting evaluation on use of assistive devices and quality of the products under the call from WHO to its member countries.
Reply to paragraph 16 (a) of the list of issues
132.Communication and Information technology department developed “Mongolia text to speech” software in order to provide information in accessible way to the PWDs on time and no extra charge. Using the software PWDs can access websites, TV broadcasting news, and other TV programs by reading it into Mongolian. PWDs including deaf and blind can access to information through sign language interpretation, translation, writer, reader and guide services. Up-to-date regular sign language interpretation is available for one hour during the “Tsagiin Hurd” news program of Mongolian National Television. NSO is broadcasting its monthly socio-economic update with sign language interpretation through Mongolian National Television since June 2019. National festival “Naadam” is broadcasted with sign language interpretation since this year. Sign language interpretation is available for national and international meetings, forums, workshops and sport events. The MLSP is proposing to broadcast sign language interpretation to some important state activities including “Parliament session”, review of “Cabinet session” and “Zasag tsag” /Government time/ TV program. C1 television is broadcasting its News program with sign language interpretation since March 2019.
133.Communication Coordinating Committee is translating WGA2.0 guidelines to increase the website and contents accessibility for related organizations.
Reply to paragraph 16 (b) of the list of issues
134.The Government of Mongolia is paying attention to develop Mongolian sign language, which is the main communication tool for the people with hearing and speaking difficulties.
135.Especially the Government of Mongolia had developed a vocabulary with 3,000 words of the sign language. Capacity building training to train specialists on sign language has been organized with step by step. The training had covered social workers, teachers, policemen and children’s officers. Comprehensive sign language training center is established in the Special school No. 29 for the children with hearing difficulties with the support of UNICEF and training course is organized for parents, teachers, interested people and youth. The process of standardizing Mongolian sign language and selecting the most necessary words to be used by children of regular schools and kindergartens are selected and converted them into sign language interpretation has been completed. Survey on sign language has been conducted in regions and training of trainers at local level has been organized in for 80 participants of 4 provinces (provinces) in collaboration with “Hearing loss education” NGO. To open a class of “Sign language translator and interpreter” to study for 1.5 years at the Vocational training center of National Rehabilitation, Training, and Manufacturing Center is under preparation. Implementing Article 12 of Law on the rights of PWDs, sign language interpretation has been used for all public activities through Mongolian National Broadcasting Television and other mass media calling public to learn sign language. Sign language training course for beginners and upgraders has been organized involving DPOs with step by step. During the last 4 years total of 400 state servants and DPOs staff attended to the training course: 46 participants in 2016; 75 participants in 2017; 112 participants in 2018 and 94 participants in 2019. A draft Rule to provide service on Mongolian sign language interpretation was elaborated, however it is not validated as a profession called sign language translator, interpreter is not in the list of work and profession of Mongolia. The Rule will coordinate the sign language interpretation service for persons with hearing and speaking difficulties.
Reply to paragraph 16 (c) of the list of issues
136.The Government is taking investment and procurement of assistive devices into consideration with step by step. The elevator has been installed at the Special School No 25, where the CWDs study, with the financial support of “Oyu tolgoi” LLC, with 140,0 million MNT in order to improve the accessibility of regular school. Bus (with cost of 1 billion MNT) and furniture and accessible training materials (with cost of 500,0 million MNT) have been procured for 5 regular schools and 2 kindergartens.
Reply to paragraph 17 of the list of issues
137.The Family Law validated the right of marriage, adoption of child of individuals with following Articles:
Article 4. Marriage, family communication principles, 4.1 Marriage will rely on equal rights and on volunteer basis.
Article 6. Condition to marry; 6.1 If there is no conflicting reason laid in Article 9.1, the citizen of Mongolia man or woman may marry foreign country’s citizen or someone without state identity with their negotiations.
Article 9. The conflicting reasons to marry; 9.1. Following conditions may become conflicting reasons against marriage:
9.1.1 if the previous marriage is still valid.
9.1.2 both spouse or one of them is not reached to the age laid in Article 6.1.
9.1.3 relatives marry each other.
9.1.4 care givers and care receivers marry each other.
9.1.5 adopted and get adopted marry each other.
9.1.6 one of the spouses or both has mental illness which tends to be inherited.
Article 54. To adopt a child and to get adopted; 54.1 Child will be adopted on their interest.
Article 57. The one who adopts; 57.1 The one who adopts a child must be adult, who has legal capacity, who is able to fee and grow the child.
138.Above-mentioned legal articles will be applicable to all PWDs. The Government elaborated the revision of Family Law to the Parliament. There are no strictly forbidden articles limiting a right to marry, a right to adopt a child and exercise their parental right of PWDs. In case of needs changes, it is possible to change some articles during the Parliament session. In order to provide support to disabled parents to take care about their children, the Government of Mongolia is providing monthly provisions equals to monthly social welfare pension to the children up-to 16-year-old, who need permanent nursing according to Article 13.5.6 of Social Welfare Law.
139.Parents of CWDs, who are unemployed and taking care of their children have been involved in Program to support employment of PWDs starting from 2018.
Reply to paragraph 18 of the list of issues
140.Since October 2013 one-year Special needs education teacher’s 2 classes (index D40300) opened in Education Center of University of Education of Mongolia. Total of 77 students graduated in academic years of 2013–2014 and 2014–2015 and working in special schools, kindergartens and NGOs. One-year bachelor’s degree class is prolonged as 3.5 years since 2015–2016. 2 credit lesson on “Speaking difficulty and method to correct” is introduced to the training curriculum of University of Education of Mongolia in 2017–2018 academic year. Study tour has been organized in Republic of Hungary and Japan within the framework of collaboration of exchange program between special needs education teachers and students. Training material is under elaboration. In 2018–2019 academic year Online training course on inclusive education is organized among 2,137 training organizations authorities and introduced training materials to be studied. Total of 2,680 teachers and school staff including 1200 teachers of 14 professions who are working for 10th years, 836 teachers of 13 professions who are working for 5th years, 644 teachers of 13 professions who are working for firs year attended to the inclusive education training. In this academic year of 2019–2020 total 8 students went to study on speech therapy, surdopedagogy (teacher for hearing difficulty), oligophrenopedagogy (dialectologist) with scholarship of Russian Government. There are over 100 students studying in “Special needs education” class of University of Education of Mongolia in this academic year of 2018–2019. A project to create accessible environment in kindergartens and schools has been started in order to promote inclusive education for CWDs. Within the project framework the building of the selected kindergartens and schools will become accessible and awareness raising training course for teachers, staff of the selected districts and sub-districts, and parents and advocacy activities. There are 420 CWDs studying in 32 special classes of Regular schools in the academic year 2018–2019 at national level. And 56 CWDs studying in 5 special classes of the kindergartens. Those special classes are on the promotion of inclusive education at local level. The impact is going out in certain level.
Inclusion of CWDs in schools (2016–2018)
Number of CWDs
Children under 3-year-old
Number of PWDs study in long life education center
Number of CWDs studying in regular schools
Number of CWDs studying in kindergartens
Percentage of the inclusion education
2016 – 2017
2017 – 2018
87 . 0%
2018 – 2019
88 . 4%
141.In Mongolia, the education starts from 3-year-old. According to statistics of academic year 2018–2019, the inclusion to the education for children is disabilities is 88.4%.
142.There are 355 long life education centers at national level in academic year of 2018–2019 where 7296 students are studying. Among them 933 disabled students, occupies 12.8% of the total students are PWDs. 42.1% (393) of the disabled students are studying in primary education, 47.2% (440) in pre-school education and 10.7% (100) in secondary education. Informal training at home is organized for children with severe disabilities at the Long-life education centers of 8 provinces (provinces) and 2 districts. Total of 131 CWDs studied and 55% (72) of them male and 45% (59) of them are female.
Reply to paragraph 19 of the list of issues
143.Within the framework of implementing the master plan, following measures to enjoy the rights to education of the children and youth with disabilities has been taken:
(a)Developed training materials with 10 topics according to the disability differences of the CWDs. For instance: Developed total of 3 training materials for CWDs: 2 for pupil with intellectual disabilities and 1 for pupil with hearing difficulties. The publications have been distributed to 5 special schools. Up to date 2 books on mathematics and 3 books on Mongolian language are prepared. The training curriculum is a tool for a teacher including training packages and methodology, developed on the based of the level of the severity of the intellectual difficulties;
(b)Amended to the Law on pre-school education: The Law of pre-school education amended as follows: “Article 9.12. Teach and social worker who deal with the CWDs must acquire the methodology and knowledge to work them; Article 8.15. The number of the CWDs per teacher will be determine by the State administrative head organization in charge of education, social protection and financial issues;
(c)The profession “Special needs education teacher” is listed in top 20 professions of the year. In relation to it the tuition fee of master and PhD is paid from State Fund. To open 4-year class on Special needs education teacher with bachelor’s degree is under preparation;
(d)Upgrading training is organized for the 105 teachers and officers in charge of inclusive education of Education centers from 21 provinces (provinces) on increasing the possibility of educating CWDs; 282 teachers and assistant teachers of special schools and kindergartens and 30 defectologists;
(e)In 2009 389.8 million MNT was spent from State budget to buy the Library Special equipment for the use for students studying in state universities including University of Education, Mongolian University, University of Science and Technology and Darkhan Technology school;
(f)According to Article 2.1.5 (Government resolution No. 177 of 2018), in case of the student is disabled or parents of the student is disabled the tuition fee will be paid from the State budget;
(g)For instance, 692 students (496.6 million MNT) in 2013 received a grant; and 1,563 students (2.9 billion MNT) in 2015 received a grant from State Training Fund;
(h)PWDs became one of the target group members to be involved in long life training program in 2015. They are training CWDs who didn’t acquire general education in giving them opportunity to attend on political and public life and increase the capacity to right to education.
Reply to paragraph 20 (a) of the list of issues
144.Health care service of Mongolia is financed by State budget and Health insurance fund. All medical expenses of children under 18-year-old, a citizen, who has no other regular income except pension, a family member living under minimum living standard, mother and father looking after his/her children under 2-year-old are paid by the State. As PWDs are included above-mentioned criteria, they can access health care services by law. For instance:
(a)Medical cost to be paid by Health Insurance Fund (12 services): Hospital bed; outpatient medical check-up; follow-up; diagnosis; lab test; treatment; day treatment; hospice for patient with cancer and other diseases; traditional medicine; rehabilitation and sanatorium; some medical services with high cost; essential medical devices; essential medicine discount prescribed by family, sum, bag (smallest administrative unit), province and district ambulatory specialized doctors; some types of artificial tubes including catheter, stomach bag, prosthesis, orthopedic aids for rehabilitation purpose, rehabilitation service by family, sum and village health centers, home health care service, day treatment, diagnosis, lab test; chemical and infrared treatment for cancer; pre and post-delivery health care for a woman above and before 37 weeks; accredited sport club and active movement and sport;
(b)Medical cost to be by State budget (10 services): pregnant, birth delivery, mother health care after birth; epidemiology, involuntary and epidemiological instructed vaccination; sterilization of communicable disease area; disaster and public communicable disease health care service; public health promotion; medical service for children; cancer; mental health disorder, communicable disease, emergency care; forced protection, health care service for a person who is damaged during saving a life in uncertain condition, some cost of medicine used for hospice treatment or for long time rehabilitation treatment; health care and psychology service for victims of physical and sexual abuse.
145.Health care services will be provided by following health organizations according to Health Law:
15.1.1. Family health center
15.1.2. Sum and village health center
15.1.3. Hospice, nursing and caring center
15.1.5. Birth delivery hospital
15.1.6. Public health center
15.1.7. Central hospital
15.1.9. Emergency care center
15.1.10. Rehabilitation center
15.1.12. Special professional center
15.1.13. Specialized hospital
15.1.14. Nursing center
Reply to paragraph 20 (b) of the list of issues
146.Awareness raising training courses on disability and human rights of PWDs are organized for state servants and public service staff in collaboration with DPOs and international organizations. For instance, JICA DPUB project trained 32 trainers on DET in 2018. Trained trainers organized training for state servants, private entities; staff, education and social protection sector staff with their 229 training courses. We are planning to involve health sector staff in DET training.
147.There is a need to strengthen the capacity of health sector staff on disability feature and way of addressing to the PWDs. However, we couldn’t do much.
Reply to paragraph 21 of the list of issues
148.To support the employment of PWDs of Mongolia there are mechanisms to fix a quota to the entities; to promote the self-employment of PWDs and to support the employers employing PWDs. Research Institute of Labor and Social Protection had conducted Survey to the implementation of Article 111 of Labor Law describing the quota for employment of PWDs in 2018. The survey has described the facing issues and produced recommendations and suggestions related to the implementation of Article 111 of Labor Law for further measures to be taken. According to the Survey, the reason of PWDs are not employed are: 57.3% of the entities answered that there is no job place specifically PWDs can work in their organizations; 51.5% answered that the skills of the PWDs are meeting to the requirement; 34.6% answered that job place adaptation is quite difficult and 63.6% answered that no PWDs tried to enroll to their organizations.
149.The revised version of Labor Law and amendment to the Conflict Law are submitted to the Parliament of Mongolia, where articles to increase the responsibilities of the entities that didn’t comply their role to implement the quota system.
150.Employment Promotion Law, which is under revision, is covering the increasing of professional skills, referral service for employment of PWDs and active involvement of DPOs.
151.To strengthen the implementation of Labor Law, The Presidential Decree and Government Resolution have been described in b-4 section of the Question 1.
152.Actions related to employment of PWDs to be taken within the framework of ADB project mentioned in Question 1 b) 4 (c).
Reply to paragraph 22 of the list of issues
153.Monthly pension and provision of nursing provided from social insurance fund and social welfare fund is increase in 2016, 0218 and 2019 in relation to the increasing of minimum salary and minimum standard of living as follows: the minimum pension from social insurance fund reached to 310 thousand MNT per month, the minimum pension with percentage reached to 270 thousand MNT per month, the social welfare pension reached to 174 thousand MNT per month, nursing provision for caregivers of the PWDs reached to 76 thousand MNT per month, and the support for the parents of the CWDs reached to 174 thousand MNT per month. As a result of increasing above-mentioned provisions, the pension and nursing provisions reached to minimum standard of living. Support for parents of CWDs and CWDs according to Social welfare law and Law on the rights of PWDs is mentioned in Article 7, question 4 (b). The Social welfare law is under revision, which will be submitted to the Parliament. The revision of the Law is introducing 4 services including social welfare pension, provision, support, discount and service. The existing law provisions including education, health, food nutrition service, and nursing provisions will continue for the population’s groups. Provisions for special circumstances to be linked with social welfare support and discount. In addition, it creates services provided by the social welfare organizations.
154.Certain criteria have been developed to benefit a pension for a person with disability, above 16-year-old, whose working ability lost with 50–69 percent, dwarf, above 16 year-old, single headed mother or father, above 18 year-old and who has 3 and more than 3 children and a provision for poor families. A provision for poor families has additional criteria linked with coverage of employment, health and education services. The pension will be provided for poor family or family who lives under poverty line or who has less income, and who need the social welfare support seriously. This paragraph is not yet implemented which is stipulated in the Law in order to decrease the poverty. All above-mentioned provisions are applicable to the PWDs.
Reply to paragraph 23 of the list of issues
155.Article 3.1.1 of Election Law stated that an eligible voting citizen is a citizen of Mongolia who has reached age of eighteen, registered in civil registration and full legal capacity on the based of following articles: Article 21.2 of the Constitution of Mongolia “Parliament Members shall be elected by the Mongolian citizens, eligible to vote, for four years of term with secret ballot”; Article 25.1.16 Conducting public referendum: The citizens eligible to vote participated in the majority of the polls are considered to be valid and the issue of majority vote shall be considered as resolved; Article 31.3 “In the primary elections, citizens eligible to vote in Mongolia shall participate in the Presidential election with free and direct elections and secret ballot”; Article 18.2 of Civil Code “Civil Court appoints a caregiver for a person, who is considered as no legal capacity due to his/her mental health disorder and who cannot control his/her actions”. Therefore, the above-mentioned article of Election Law cannot be changed unless the related articles of the Constitution of Mongolia and Civil Code are not changed.
156.For the purpose of creating accessible condition for PWDs with secret ballot, the General Election Commission of Mongolia elaborated a Guideline to prepare a Voting Cabinet and Cabinet of Election sub-committees in 2008 including “The voting box will be placed in accessible way for PWDs to vote” and “The voting cabin will be installed for disabled voters give their secret ballot”.
157.In order to ensure the rights to vote of PWDs in accordance with the Election Law, measures to provide opportunity for wheel-chair voters to enter in and adapt the voting cabinet with special provisions. Braille board is used in each voting/polling/station for visually impaired voters during the Parliament Election of 2016 and the Election of the President of Mongolia of 2017.
158.A Task force to evaluate Political Parties Law and Election law is established by the GADPWD (Director’s order No. A/37 of 2019) for the purpose to study the implementation of Article 29 on Participation in political and public life, CRPD in the country. The Task Force consists of following organizations: National Federation of DPOs, United Federation of PWDs, Disabled Citizens Association, National Federation of the Blind, National Wheelchair Users Association, “Universal Progress” ILC, National Federation of the Deaf, National Council for PWDs, National Federation of the Organizations of the Deaf and Tegsh Niigem NGO. The Task Force is preparing their suggestions to the Task Force to make amendment to the Parliament Election Law including evaluation, conclusion, suggestions and study on the current legal condition existing in Mongolia and implementation of the rights to vote and to be voted according to international norm.
Reply to paragraph 24 of the list of issues
159.Some measures have been taken to enable access to cultural materials and contents for PWDs using information and communication technology. For instance, to expand the speaking library, we converted the 2010–2017 paper published catalogue of 75 kinds of e-books into Braille and bigger format and published them. The Speaking Library of the National Federation of the Blind has enriched with 27 kinds of books published in 2017. In 2018, 1611 books were used by 1090 readers. 391 books of them were read in the reading room, 1190 books were read at home and 30 books were exchanged. NVDA screen reader software which is widely used around the world has been translated into Mongolian and its the second updated version is available. In order to strengthen the quality, accessibility and capacity of internationally recognized level of braille and electronic library readers service for visually impaired people, following technologies have been initiated and implemented:
Joined to the international book service “ABC GLOBAL BOOK SERVICE”;
20 selected books have been converted to electronic format using DAYSY E-PUB 3.0.
Reply to paragraph 25 of the list of issues
160.Statistical data on disability are used in our country from official and administrative records. (Table 1). Official statistics data sources are Population and Housing census, population and housing database, household-based sample survey, and some social indicators. During the national census on population and housing of 2010, NSO conducted thematic survey on PWDs and publicized for the purpose of defining demographics, socioeconomic and household characteristics of Mongolian PWDs. The Government is preparing a short set of questions of Washington group (WG) to be used in national census of 2020. In order to increase internationally comparable disabilities statistics and monitor the quality and effectiveness of policies and programs aimed at promoting equal participation of PWDs in social, economic and cultural life, a short set of WG questions and the adult and child module questions newly amended to the following sample surveys since 2016:
Household socio-economic survey, 2018
Labor Force survey, pilot in 2018
Gender-based Violence survey, 2017
Social Indicator Sample Survey, 2018
Time-Use survey, 2019
161.For the administrative data, information about adults and children, who defined as disabled by decision of MECSS, MOH, MLSP, Medical and Labor Accreditation Commissions (MLAC) and Commissions of Health, Education and Social Welfare for Children with Disabilities, are collected. MECSS records number of CWDs studying in pre-school and regular schools, thus there is no data about students with disabilities studying in colleges and universities. Therefore, the MECSS revised an instruction to complete the forms to be used for high education institutions in 2019 in collaboration with NSO, where questions of disability are newly added. MOH records number of PWDs, who addressed to all levels of hospitals, and MLSP records number of PWDs who access social protection services including pensions, benefits, allowances, discounts and number of students with disabilities studying at Vocational Education Training Centers.
162.In the future, there is a need to implement specific activities including creating data related to political rights and freedom of PWDs, especially improve the legal environment including right to elect.
Information source, by type
National Statistics Office
Some social indicators (every year)
PWDs, age, gender, type, form
Administrative records and reports
Ministry of Education, Culture, Science and Sports (MECSS)
Number of CWDs studying at Pre-school and regular schools
National census of Population and housing 2010
Population and household database
PWDs, age, gender, type, form
Ministry of Health (MOH)
Number of PWDs who addressed to all level hospitals
Household based survey:
Household socio-economic survey, every 2 years
Labor Force survey, annually
Gender-based Violence survey, 2017
Social Indicator Sample Survey (SISS), 2018
Pilot survey on understanding the detailed package questions of Washington group, 2009
Pilot census of PWDs in Khovd and Uvs provinces, 2018
Time-use survey, 2019
PWDs, age, gender, type, form
Ministry of Labor and Social Protection (MLSP)
General Authority of Labor and Social Welfare:
Number of dwarfs above 16-year-old, and amount of pensions and allowances
Number of pwds receive pensions and allowances and amount of pensions and allowances
General Authority of Social Insurance:
Number of pwds receive pensions and allowances and amount of pensions and allowances
163.Numerical data of the PWDs are collected from different sources, thus creating information discrepancies and to create integrated database, we collaborate with the Norwegian charity organization on establishing “Primary database of PWDs”. This database will be established identifying the difference between information about number of people benefitting from social welfare and social insurance fund with pension, benefits and services and Population and Household database. Also, it will be enriched by information of the MLAC on the percentage of working ability loss and its duration. Regular operation and development of the software for primary database of PWDs will allow to create special usage authority at the national, provincial (aimag), capital city, village and district levels. Which means that each add or deduct of the PWDs, the database will be updated.
Reply to paragraph 26 of the list of issues
164.The national census of population and housing of Mongolia is planned in 2020. The pilot census will be organized in January 2019. A short set of questions of WG is also piloted during the census. Based on the results, it is decided that to include WG questions in the national census questions, which will be held in January 2020. The disability data will be analyzed after the national census of 2020. The census result will be publicized accessible to PWDs.
165.Since 2013 NSO has established Study team to collect data on household sample surveys at province and city statistical departments and divisions. Training courses are organized for the staff with new sample survey methodology. For instance, the Labor force survey methodology was revised in 2018 according to methodology approved by the 19th Conference of the International Labor Statisticians. Around 100 staff, who will collect data are trained by electronically and by classroom on the methodology with steps. The researchers to collect data on gender-based Violence and Social indicators sample survey was selected according to relevant criteria and organized 20-day training respectively in 2017 and 2018, according to the approved program.
Reply to paragraph 27 of the list of issues
166.The Government of Mongolia is paying attention to collaborate with international projects and programs, which are accessible to PWDs in certain level and positively influence to DPOs at international and national levels.
167.Earlier in this report we clearly described the collaboration of international projects and programs in А. Purpose and general obligations (arts. 1–4): 1. Measures taken and planned to: section (d) and B. Specific Rights (arts 5–30): Article 5. Equality and non-discrimination 2. (c).
168.Here are few examples of contributions to National DPOs within the framework of international cooperation:
(a)JICA project on “Improving health, education and social security services for children who need Special Needs Education” The project is implemented in Bayangol district of Ulaanbaatar city and Khuvsgul province. The project focused on creating favorite condition for inclusive education of CWDs, which generated diagnostic and development support and education model for CWDs, developed a Manual on “Providing comprehensive Development Support for CWDs” in order to guide the Branch committees of education, health and social protection of CWDs , developed “Tanaka bine IQ Test V” into Mongolian contest and produced thematic video lessons on Inclusive education to be used for online training to upgrade the teachers’ skills;
(b)JICA project on “Supporting Social Participation for PWDs in Ulaanbaatar city” (JICA DPUB). The joint decision-making structure of the project is the Joint Coordination Committee with 20 members, and 8 of them are representatives from DPOs. The project focuses on improving accessibility of information and infrastructure for PWDs, creating a database, and improving the capacity of government and non-governmental organizations working with PWDs. The project organizes DET training, which was mentioned earlier in this report. The trainers are all PWDs and represent DPOs. For 2 years of period, the trainers organized more than 250 training sessions and involved over 8500 stakeholders. It also organized accessibility audit on information and infrastructure for the first time in Mongolia and the project is providing consultancy to the development of draft Law on Accessibility. Within the framework of increasing capacity building of PWDs and state servants, series of training to prepare “Young Leaders” and series training on Disabilities were organized. More than 50 stakeholders attended to the selected thematic training in Japan. The project also supported to publish White Paper to publicize the State actions towards disability related policies and activities in 2018 and 2019. The project is supporting to MLSP to the development of National disability database, which is one of the most challenging issue;
(c)“Development Center for CWDs” by the grant of People’s Republic of China. The center organizes training and development activities for CWDs and their parents. Besides it has a capacity of inpatient ward for 250 children and outpatient rehabilitation service for 250 children. The center becomes a comprehensive service model;
(d)ADB project on Ensuring Inclusiveness and Service Delivery for Persons with Disabilities (soft loan). The project is starting to be implemented from this year. The project aims to improve the involvement of PWDs, improve services at UB city and provincial level, increase employment opportunities, and ensure their independence and contribute them economically. The Project Management Committee involved 4 representatives from DPOs, which occupies 30% of Board Members. Their main role is to approve the plan and budget of project activities and procurements and monitor to the expenditures. And they have a right to vote to decision making to the decision of the Management Committee. The project will construct “Employment, business and research and development center for PWDs” in Ulaanbaatar city and Development Center for children and citizens with disabilities in 6 provinces. In addition, the project will implement important measures on early diagnose, treatment and development of CWDs, improve infrastructure, software and necessary assistive devices for PWDs, increase employment, and develop strategy and policy on PWDs during the 5 years;
(e)Technical cooperation project on “Sport complex with specially equipped for PWDs” by the grant of Government of the People’s Republic of China. The Complex will have comprehensive and modern equipment for 10 types of sports. A total of 200–400 athletes can practice regularly, with 200-meter circle track and covered roof with manage, outside 400 meters of world standard roads, and with a hotel where 200 athletes can stay in. This complex can be used by athletes with disabilities;
(f)In cooperation with JICA, we are preparing to start the second phase of the project to improve the social participation of PWDs. We are planning to involve representatives of DPOs and PWDs actively;
(g)The Government of Mongolia organized successfully the 4th Asia-Pacific Congress on Community based inclusive development approach under the theme of “Promoting Sustainable Social Development and Economic Growth through Community based inclusive development”, July 02–03, 2019 in Ulaanbaatar under the auspices of the Prime Minister. More than 700 representatives from 40 countries participated in the conference, from organizations, governmental, non-governmental organizations, development agencies, private and business sectors. Of which, 31 are from Asia and Pacific region and 9 are arrived from other countries /Austria, Italy and Mozambique/ to our country and 128 of the total participants were PWDs. To organize the conference we have cooperated with the international organizations including Asia-Pacific CBR Network, the Asia-Pacific Regional Center for Disabled Citizens Development (APCD), the World Health Organization (WHO), the United Nations Economic and Social Council of Asia and Pacific (UNESCAP), Leonard Cheshire, CBM (Christian Blind Mission), Italian Association of Amici Di Raoul Follereau (AIFO), “Employment Promotion Project (SECiM) in Mongolia” of European Union, JICA project on “Supporting Social Participation of PWDs in Ulaanbaatar city” (JICA DPUB), and local non-governmental organizations including Tegsh Niigem NGO, “Universal Progress” ILC and DET Forum.
Reply to paragraph 28 (a) of the list of issues
169.A Task Force to revise the law on the NHRCM is established. The concept of the law is in the line with Paris Principles, ensuring human rights, and authority, activity and legal status of the national organizations.
Reply to paragraph 28 (b) of the list of issues
170.Monitoring to the implementation of CRPD is intended to involve PWDs through their representing organizations. For instance, simplified process of CRPD implementation report gave opportunity to support the participation of PWDs. At the same time, we are involving related DPOs to participate in sectoral policies and activities, to monitor, to strengthen capacity building of the sectoral staff, training and public awareness towards disability and promote the employment of PWDs. Some details are included in the relevant sections of this report.
171.Specifying examples, based on the provisions of Articles 6.3.7 and 15.1.4 of the Employment Promotion Law, Article 111 of Labor Law, and Article 3 of the Law on Social Protection of PWDs, implemented a financial support program for PWDs and business entities in creating job places to meet with the capacity of PWDs. Representatives of DPOs are involved in the Task Force and evaluation to the implementation of the Program. For instance, Representatives of DPOs are involved in the “Financial Support Program for PWDs and business entities, when we evaluate the process of 2016, 2017, 2018 and 2019.
Reply to paragraph 28 (c) of the list of issues
172.The CRPD is implemented by the following structure: National Council to coordinate the inter-sectoral actions towards ensuring the rights of PWDs and providing management at national level is headed by the Minister of Labor and Social Protection. The Council includes the State Secretaries of all line ministries. Sub-councils are administered in the ministries and branch-councils by the Governor in provinces, the capital city and districts.
173.Regarding the structure of government organizations, the MLSP develops specific policies and activities related to the implementation of CRPD and GADPWD directs day-to-day operations of and coordinating role ensuring the implementation of CRPD by the Government.
Abbreviations used in the report
ADB project“Ensuring inclusiveness and service delivery for PWDs”
CRPDConvention on the rights of persons with disabilities
CWDsChildren with disabilities
DPOsDisabled People’s Organizations
GADPWD General Authority for the development of persons with disabilities
ILCIndependent living center of PWDs
JICA DPUBJICA project on “Supporting Social Participation of PWDs in Ulaanbaatar city”
MECSSMinistry of Education, Culture, Science and Sport
MLACMedical and Labor Accreditation Commissions
MLSPMinistry of Labor and Social Protection
MOHMinistry of Health
MoJHAMinistry of Justice and Home Affairs
NHRCMNational Human Rights Commission of Mongolia
PWDsPersons with disabilities the National Program National Program for “Promoting human rights, participation and development of PWDs