COMMITTEE ON THE RIGHTS OF THE CHILDFifty-third session11-29 January 2010
WRITTEN REPLIES BY THE GOVERNMENT OF MONGOLIA CONCERNING THE LIST OF ISSUES ( CRC/C/OPAC/ MNG / Q/1 ) TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE INITIAL REPORT OF MONGOLIA UNDER ARTICLE 8 , PARAGRAPH 1 , OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT (CRC/C/OPAC/ MNG /1 ) *
[Received on 26 November 2009]
Reply to question 1 of the list of issues ( CRC/C/OPAC/MNG/Q/1)
The National Human Rights Commission has not made any particular regulations to follow up the received complaints from, or on behalf, of children on violations of the Optional Protocol. However, pursuant to the Law on Human Rights National Committee, a Mongolian citizen has a right to lodge a complaint to the Committee if he or she considers that his or her rights entitled by the Constitution and other laws and international treaties are violated. This Law states that children with partial legal capacity or without such capacity can lodge their complaints through their parents or legal guardians. Human rights commissioner has a right to submit a complaint to court on behalf children in cases when children’s rights have been violated. It means the Human Rights Commission can receive complaints from, or on behalf, of children on violations of the Optional Protocol.
Reply to question 2 of the list of issues
The Criminal Code has a chapter on crimes against security of the mankind and peace and involving children are serious crimes. Foreign nationals and stateless persons who have committed crimes beyond the territory of Mongolia shall besubject to criminal liability under this Code if only an international agreement to which Mongolia is a party provides so. If a foreign national or a stateless person who does not permanently reside in Mongolia has committed a crime against the interests of Mongolia beyond its territory for which he/she has not been sentenced, he/she may be subjected to criminal liability under this Code in the events specified in an international agreement to which Mongolia is a party.
Reply to question 3 of the list of issues
Members the Mongolian armed forces do not receive training on the provisions of the Optional Protocol.
Reply to question 4 of the list of issues
There has been no single case on unaccompanied asylum-seeking, refugee and migrant children coming to the Mongolia from areas affected by armed conflict.
Reply to question 5 of the list of issues
State party has no legislation prohibiting the trade and export of small arms and light weapons as well as military assistance to countries where children are involved in armed conflict. Pursuant to the Law on Weapons of2001, persons under 18 years old have no right to own and use weapons.
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