Committee on the Elimination of Racial Discrimination

Ninety-ninth session

5–29 August 2019

Item 4 of the provisional agenda

C onsideration of reports, comments and information submitted by States parties under article 9 of the Convention

List of themes in relation to the combined twenty-third and twenty-fourth periodic reports of Mongolia

Note by the Country Rapporteur

1.The Committee on the Elimination of Racial Discrimination decided at its seventy-sixth session (A/65/18, para. 85) that the Country Rapporteur would send to the State party concerned a short list of themes with a view to guiding and focusing the dialogue between the State party’s delegation and the Committee during the consideration of the State party’s report. The present document contains a list of such themes. It is not an exhaustive list; other issues may also be raised in the course of the dialogue. No written replies are required.

The Convention in domestic law and the institutional and policy framework for its implementation (arts. 1, 2, 4, 6 and 7)

2.Update on the adoption of specific and comprehensive legislation that defines racial discrimination in accordance with article 1 of the Convention (CERD/C/MNG/CO/19-22, paras. 8–9; CERD/C/MNG/23-24, para. 6).

3.Lack of full compliance of the Criminal Code with the provisions of article 4 of the Convention, in particular those related to the prohibition of racist hate speech. Update on the process of dissolution of the Dayar Mongol organization. Update on the revision of the Law on Non-Governmental Organizations and its compliance with the provisions of article 4 of the Convention (CERD/C/MNG/CO/19-22, paras. 14–17; CERD/C/MNG/23-24, paras.29–40).

4.Campaigns to raise the awareness of the population, including minorities, migrants, refugees, asylum seekers and stateless persons, of the effective remedies available to victims of acts of racial discrimination. Measures to facilitate the lodging of complaints for acts of racial discrimination. Number of complaints for acts of racial discrimination registered by police and national human rights institutions, investigations carried out and convictions pronounced by domestic courts, and reparation provided to victims (CERD/C/MNG/CO/19-22, paras. 10–11; CERD/C/MNG/23-24, paras. 66–67).

5.Budget provided to the National Human Rights Commission for the years 2018 and 2019 and update on human resources allocated to that Commission (CERD/C/MNG/CO/19-22, paras. 12–13; CERD/C/MNG/23-24, para. 68). Activities carried out by the National Human Rights Commission on the prevention of and protection against racial discrimination and their impact.

6.Implementation of the National Anti-Corruption Programme and midterm results, including with regard to raising the awareness of victims of racial discrimination of the remedies that are available to them (CERD/C/MNG/CO/19-22, paras. 10–11; CERD/C/MNG/23-24, paras. 62–65).

7.Implementation of the National Programme on Improving Public Legal Education and mid-term outcomes (CERD/C/MNG/23-24, paras. 66–67).

Situation of ethnic minorities and indigenous peoples (arts. 2, 5 and 7)

8.Measures to improve access for ethnic minorities to employment, health care and housing. Measures to reduce the poverty level of ethnic minorities, including minority women (CERD/C/MNG/CO/19-22, paras. 24–25). Further measures to improve the education of minority children in minority languages, including by allocating more funding to “dual language” programmes (CERD/C/MNG/23-24, para. 79).

9.Measures to ensure that ethnic minorities, in particular the Tsaatan (Dukha) minority, are fully and effectively consulted on all decisions affecting them, including mining projects (CERD/C/MNG/CO/19-22, paras. 26–27; CERD/C/MNG/23-24, paras. 86–88).

Situation of non-citizens including migrants, refugees, asylum seekers and stateless persons (arts. 1, 2, 5 and 6)

10.Disaggregated statistical data on the number of non-citizens, including migrants, refugees and asylum seekers, in the State party and information on how they are integrated into the society and concretely enjoy their economic, social and cultural rights under the Convention, without discrimination (CERD/C/MNG/CO/19-22, paras. 18–19; CERD/C/MNG/23-24, paras. 44–51). Update on the number of refugee applications, those granted and those rejected. Measures taken to adopt legislation on asylum and to ensure that the asylum procedure is available to those who wish to apply for asylum in the State party.

11.Information on the extent of human trafficking in the State party. Information on the implementation of the law regulating the employment of Mongolian citizens abroad and foreign citizens in Mongolia. Details on measures to prevent and protect migrant workers against abuses and exploitation, including labour inspections. Information on complaints, investigations, prosecutions, convictions, sanctions and redress and rehabilitation measures for victims, as well as measures to facilitate access by migrant workers to legal remedies (CERD/C/MNG/CO/19-22, paras. 22–23; CERD/C/MNG/23-24, paras. 58–60).