30/6 Report of the Working Group on the Universal Periodic Review - Mongolia

GE.15-11636 (E)



Human Rights Council Thirtieth session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Mongolia

* The annex to the present report is circulated as received.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 6

II. Conclusions and recommendations .................................................................................................. 15

Annex

Composition of the delegation ......................................................................................................... 26

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-second session from 4 to 15

May 2015. The review of Mongolia was held at the 4th meeting, on 5 May 2015. The

delegation of Mongolia was headed by Mr. Tsogoo Uugangerel. At its 10th meeting, held

on 8 May 2015, the Working Group adopted the report on Mongolia.

2. On 13 January 2015, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Mongolia: Cuba, Sierra Leone, and the

Netherlands.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Mongolia:

(a) A national report (A/HRC/WG.6/22/MNG/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) (A/HRC/WG.6/22/MNG/2);

(c) A summary prepared by OHCHR (A/HRC/WG.6/22/MNG/3).

4. A list of questions prepared in advance by the Czech Republic, Germany,

Liechtenstein, Mexico, Norway, Slovenia, Spain, Sweden, Switzerland, and the United

Kingdom of Great Britain and Northern Ireland was transmitted to Mongolia through the

troika. These questions are available on the extranet of the Working Group.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of Mongolia stated that the universal periodic review

recommendations would serve as a soft law, a self-monitoring system for the Government,

and an instrument for civil society organizations to demand effective implementation from

the Government.

6. Mongolia, following the first the universal periodic review, adopted an action plan

for the implementation of recommendations. Private, public, and non-governmental

organization (NGO) stakeholders all contributed their best efforts to the successful

implementation of the plan and recommendations. The efforts of such collaboration were

incorporated into the mid-term voluntary report submitted to the Human Rights Council in

May 2014. The delegation of Mongolia highlighted a forum that consolidated more than 40

human rights NGOs that carried out sustainable activities to improve the human rights

situation in Mongolia. This experience of cooperation with NGOs in Mongolia was

illustrative of how the universal periodic review facilitated the strengthening of mutual

understanding and confidence between governmental agencies and human rights NGOs.

7. In 2012, Mongolia acceded to the Second Optional Protocol to the International

Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. In

2014, Mongolia ratified the International Convention for the protection of All Persons from

Enforced Disappearance and the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman and Degrading Treatment or Punishment as reflected in

recommendations from the first universal periodic review, and voluntary pledges made by

Mongolia as a 2015 Election Candidate to the Human Rights Council.

8. Since the submission of the national report for the second cycle of the universal

periodic review, the State of Great Khural (Parliament) of Mongolia had ratified in April

the Optional Protocol to the Convention on the Rights of the Child on a communications

procedure, and in May, the Minamata Convention on Mercury. Furthermore, domestic

ratification of the International Labour Organization (ILO) Convention No. 176 concerning

Safety and Health in Mines and the Kampala amendments to the Rome Statute of the

International Criminal Court is expected to be completed this year.

9. Following the commencement in 2012 of a comprehensive legal reform, Mongolia

enacted a number of laws and regulations aimed at ensuring human rights. As part of this

process, the Parliament of Mongolia was considering draft laws in the field of criminal law

that included a revised Criminal Code. The delegation of Mongolia noted there was a

lengthy time process for the reform to enjoy public support, be transparent, and be subject

to independent monitoring, and adequate human and financial resources.

10. In response to an advanced question concerning the death penalty, Mongolia

reiterated its support for the abolition of the death penalty. On 14 January 2010, the

President of Mongolia declared a moratorium and granted a pardon to all persons sentenced

to death prior to the moratorium. In the draft Criminal Code that was currently under

parliamentary review, the death penalty was excluded from the classification of criminal

punishment.

11. The delegation of Mongolia said it was confident that, with the ratification of the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman and

Degrading Treatment or Punishment in 2014, the introduction of concurrent monitoring by

the Sub-Committee on Prevention of Torture, and the National Preventive Mechanism, a

tangible process in preventing torture, as well as holding perpetrators liable, would be

established. Furthermore, the National Human Rights Commission of Mongolia, based on

the relevant laws of Mongolia and its independent status from the Government, would be

assigned the functions of the national preventive mechanism in compliance with the

Optional Protocol. The delegation further acknowledged that the current definition of

torture did not include all forms of torture in compliance with article 1 of the Convention

against Torture; however, the draft Criminal Code under parliamentary review provided a

definition of torture, as well as applicable liability sanctions in accordance with the

Convention.

12. The delegation acknowledged criticism by civil society organizations concerning the

disbandment of the Special Investigation Unit of the General Prosecutor’s Office, and the

allocation of its functions to the Anti-Corruption Authority and Police according to the

nature of the crime. Moreover, it was noted that victims of torture enjoyed the right to be

compensated for both material and moral damage caused by unlawful acts of the

investigator, prosecutor or judge.

13. A cluster of new laws focusing on the judiciary were adopted in 2013 to strengthen

the right to a fair and independent trial. These included the separation by law of court

administration and court procedure, which ensured that judges were free from

administration management and its influence. Moreover, all court hearings were recorded

as they were equipped with video and audio surveillance. Court decisions were published

on the court’s website with the exception of closed court hearings as required by law,

enabling access for all stakeholders to analyse and review court decisions, the application

of laws, and the exercise of the rights of the case participants in the court hearings.

Measures were also being taken to gradually increase the salaries of judges.

14. In response to an advanced question regarding human trafficking, the delegation

explained that in 2012 the Law on Combatting Human Trafficking was enacted. In addition

to concluding bilateral agreements on cooperation to combat crimes of human trafficking

with different countries, in 2013 Mongolia enacted regulations to provide assistance to

citizens who became victims of human trafficking abroad.

15. The 2011 Law on Gender Equality contained several provisions for protecting and

promoting the rights of women, including the prohibition of all forms of discrimination

against women in the political, economic, social and family domains, as well as the

introduction of a quota requirement for women’s participation at the decision-making level

of the ministries, agencies and local governing organizations. The delegation of Mongolia

noted significant achievement and progress in gender equality since the enactment of this

law. Furthermore, prior to and during the legislative process of the Law, Mongolia

organized public awareness activities and campaigns. An example of the positive outcome

of both the enactment of the Law and the awareness raising campaigns was the increased

number of complaints related to sexual harassment in workplaces that were received by the

National Human Rights Commission and then transferred to the law enforcement agencies

for investigation.

16. Mongolia established a National Committee on Gender Equality led by the Prime

Minister, whose functions included the implementation of the Law and Mid-term

Implementation Programme, in addition to 49 Gender subcommittees that oversaw the

implementation of the Law in ministries, agencies, and local governing organizations.

17. The delegation of Mongolia discussed the 20 per cent quota requirement for women

candidacy in the Parliament Election Law, and currently there were 11 women

parliamentarians. There was an ongoing campaign to legislate a 30 per cent quota for

women’s candidacy in Parliament and local elections. Also, 38 per cent of 1,300 business

enterprises that were members of the Mongolian National Chamber of Commerce and

Industry were managed by women CEOs.

18. In response to an advanced question concerning domestic violence, the delegation

explained numerous measures that had been taken to combat domestic violence, such as a

draft law on Combating Domestic Violence that was currently under review by the State of

Great Khural. Moreover, in an effort to help victims of domestic violence, various measures

were taken, including a shelter for victims of domestic violence established in Ulaanbaatar

in 2014, in addition to shelter facilities established in seven provinces from 2013 to 2014;

three One-stop Service Centres that provided medical, psychological, and legal services and

counselling in Ulaanbaatar and one in Zavkhan Province; and the operation of a 107 and

108 hotline for emergency assistance to domestic violence victims. A police unit was also

established to prevent and investigate child abuse and domestic violence, in addition to

releasing statistics on domestic violence to the public.

19. The delegation of Mongolia highlighted the revised Law on Health and a Law on

Prevention of Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome

were adopted in 2011 and 2012 respectively. These laws ban any restriction of human

rights and freedoms due to HIV infection or AIDS and prohibit all forms of discrimination

against such persons.

20. The delegation noted that child labour and corporal punishment still remained issues

in Mongolia. The National Programme on the elimination of the worst forms of child labour

was enacted in 2011, and in the new draft Labour Code there were provisions to prohibit

labour for those under the age of 15.

21. The delegation of Mongolia explained that there were no official records of

complaints received by the police regarding discrimination of lesbian, gay, bisexual and

transgender (LGBT) people and on alleged mistreatment and dismissal of their complaints

by law enforcement and supervisory bodies. Nonetheless, greater attention was still

necessary to ensure the effective implementation of recommendations made by relevant

treaty bodies and the National Human Rights Commission on the rights of LGBT people in

areas of education, employment and health services, and other issues necessary in

upholding their human rights.

22. In order to improve safety and health standards in the mining industry, the

delegation reported that the Government had drafted and submitted to Parliament

amendments to the Law on Labour Safety and Health. Moreover, a subcommittee was

established to address safety and health issues in the geology, mining and petroleum

sectors, in addition to developing comprehensive regulations on the safety in open-pit,

underground mining, concentrator and explosive activities.

23. The delegation of Mongolia acknowledged that there had been cases of illegal and

unsafe use of mercury in mining, but various measures, such as the inspection for illegal

use of chemicals, had been carried out nationwide. In 2014, a national standard on

“Mercury poisoning diagnosis and treatment” was introduced. However, Mongolia

explained that there was still a need to bring medical services closer to the sites of small

and artisanal mining.

24. The delegation highlighted the importance of achieving a balance between the

development of the agriculture and mining sectors. Due to the high priority of the issue of

compensation by the Government, an intersectoral working group was established to

develop a proposal on improving a system of compensation and protecting the right of

herders who were at risk of losing their pasture land or winter quarters due to exploration

and mining activities. However, the Government was limited with regard to intervening

directly, such as in the assessment of the monetary value of the privately owned winter

quarters.

25. An issue of increasing concern, in conjunction with the development of the mining

industry, was water supply. The delegation noted numerous measures taken regarding the

efficient use of water resources, protection and conservation of the supply of drinking water

for local communities, water safety and security. In addition, a specific law was enacted

prohibiting mining activities within certain boundaries, and 650 water springs were taken

under protection as per the National Programme on Water in 2010.

26. A critical issue for the city of Ulaanbaatar was air pollution, as 40 per cent of the

population resided there. The Clean Air Fund made an investment of 88.82 billion togrogs

(US$ 45 million) to reduce air pollution.

27. The Constitution, as well as the Land Law, prohibited the forced removal of citizens

from their privately owned land and then expropriating the land. The ger-district

redevelopment project had been implemented in 24 locations since 2013, and included the

participation and engagement of all relevant stakeholders during redevelopment and land

acquisition. Moreover, project companies could only acquire land following a tripartite

contract between the landowner, project companies and the Mayor of the City.

28. The Constitution established that international treaties ratified or acceded to by

Mongolia would have a force equal to domestic laws. Of 425 laws currently in effect,

159 contained general provisions placing legal prevalence to international treaties above

domestic law when there was a disparity amongst the two. In order to address the issue of

compatibility between national legislation and international treaties, a draft Law on

International Treaties was currently being developed by the Ministry of Foreign Affairs.

B. Interactive dialogue and responses by the State under review

29. During the interactive dialogue, 64 delegations made statements. Recommendations

made during the dialogue can be found in section II of the present report.

30. Argentina praised the accession to the Second Optional Protocol of the International

Covenant on Civil and Political Rights with a view to abolishing the death penalty, the

ratification of the International Convention for the Protection of All Persons from Enforced

Disappearance and the Optional Protocol to the Convention against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment. It also encouraged Mongolia to

incorporate article 14 of the International Convention on the Elimination of All Forms of

Racial Discrimination in the new draft Penal Code, as considered currently by the

authorities.

31. Australia commended the seriousness of the responses to the first universal periodic

review cycle, including the steps towards ratifying international treaties and launching

significant legal and judicial reforms. It welcomed the accession to the Second Optional

Protocol of the International Covenant on Civil and Political Rights and the implementation

of a moratorium on the death penalty. It also welcomed the adoption of the Law on

National Human Rights Commission. It noted some gaps and challenges in implementing

the Law to Combat Domestic Violence.

32. Austria highlighted the efforts in supporting freedom of expression, referring to the

ongoing Freedom Online Coalition Conference. It raised concern with the effects of the

Unified System of Website Comments and defamation court cases brought against bloggers

and journalists, the overall detention conditions, the prevention and investigation of

allegations of torture and ill-treatment in custody.

33. Belarus praised the implementation of the recommendations of the first universal

periodic review cycle. It highlighted the broad scale of legislative measures adopted

between the two review cycles, in particular the adoption of the Law on Combating

Trafficking on Human Beings and the Law on Combating Domestic Violence.

34. Bhutan was pleased to note the enactment of the law on gender equality, which

aimed at expanding women’s opportunities in public works and provided a legal framework

for women’s empowerment. It welcomed the Government’s increasing efforts in combating

violence against children, including the disabled.

35. Brazil commended the ratification of the Second Optional Protocol to the

International Covenant on Civil and Political Rights and the implementation of the National

Programme on the elimination of intolerable forms of child labour, as it had recommended

during the first universal periodic review cycle. Brazil acknowledged the accession to the

International Convention for the Protection of All Persons from Enforced Disappearance

and the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment. It welcomed the enactment of Laws on Gender

Equality and on Fighting Domestic Violence. It noted that discrimination and violence

against LGBT persons were still a challenge.

36. Canada noted that, although Mongolia had accepted its recommendations of the first

universal periodic review cycle on death penalty and discrimination on the basis of sexual

orientation and gender identity, no action had been taken on either issue.

37. Chile praised the progress made on accession to international instruments and the

strengthening of human rights institutions. It noted that this was reflected in the national

report as a priority, especially in terms of promoting education on human rights.

38. China commended Mongolia’s judicial reforms in combating domestic violence and

trafficking, protecting women and children’s rights, and promoting the rule of law to

protect the environment referring to water pollution and desertification. It called on the

international community to provide support to Mongolia in promoting human rights.

39. Costa Rica recognized the ratification of three core international human rights

instruments. It encouraged harmonizing the national legislation and taking the necessary

measures to abolish the death penalty. It also noted the reform in the judiciary, although

some challenges remained. It raised concern that local and national media suffered

violations in their right to freedom of expression.

40. The Czech Republic appreciated the delegation’s response to some of its advance

questions.

41. The Democratic People’s Republic of Korea noted the considerable progress made

in the field of human rights, in particular in the implementation of the accepted

recommendations during its first universal periodic review. It commended the approval of

the Law on Gender Equality and its continued efforts to protect the rights of children,

women and persons with disabilities.

42. Denmark commended Mongolia for the ratification of the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment in February 2015, as it demonstrated the Government’s determination to

advance on preventing torture. It stressed that the Convention against Torture Initiative, an

intergovernmental cooperation process, was ready to explore avenues to assist the

Government of Mongolia in advancing on issues relating to torture.

43. Estonia stressed that the implementation of the newly adopted laws and the full

alignment of the national legislation with the international obligations was of key

importance. It noted positively the draft Law on Crime, which decriminalized defamation,

requesting its speedy implementation. Estonia invited the authorities to effectively address

the issues of violence against children, child labour and rights of disabled children for

inclusive education.

44. France welcomed Mongolia’s ratification of the International Convention for the

Protection of All Persons from Enforced Disappearance, the Second Optional Protocol to

the International Covenant on Civil and Political Rights, aiming at the abolition of the death

penalty and the Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment.

45. Germany welcomed progress in removing death penalty-related provisions from the

draft Criminal Code. It remained concerned about impunity in cases of torture and reports

of child work in mines, although listed as hazardous work for children. Germany

commended Mongolia for its stance in favour of the protection of human rights on the

Internet.

46. Honduras welcomed the prohibition of corporal punishment in education legislation,

and encouraged Mongolia to undertake efforts to adopt policies to ensure the abolition of

this practice at home and at school. It shared the concern of the Human Rights Committee

on violence against women.

47. Hungary acknowledged that, since the first universal periodic review cycle,

Mongolia had undertaken concrete measures to implement the recommendations, and that

progress had been made, particularly by acceding to international treaties and enhancing

national legislation. Hungary attached great importance to the establishment of an effective

national preventive mechanism in line with the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

48. India appreciated various legislative and policy measures undertaken on judicial

reforms, to combat trafficking, and towards achieving gender parity. India asked Mongolia

to share details on the implementation of the National Food Security Programme and on its

experience regarding the functioning of the helpline to assist children in distress.

49. Indonesia welcomed that the national report was the result of an inclusive dialogue

involving a wide range of ministries, agencies and NGOs. It expressed the view that further

engagement and dialogues among relevant stakeholders would provide an opportunity to

increase common understanding of national objectives and programmes for further

enhancement of national initiatives.

50. Iraq appreciated measures undertaken in the area of human rights, including the

adoption of legislation aimed at ensuring gender equality and the law against trafficking, as

well as for judicial reforms. It also commended Mongolia for efforts to address domestic

violence, measures to fight corruption and laws to better protect children. Iraq also

welcomed the National Action Plan on disabilities.

51. Ireland welcomed the submission of a voluntary mid-term report, the recent

ratification of international human rights instruments and the moratorium on executions

imposed in 2010. It encouraged Mongolia to abolish the death penalty in law and in

practice. Ireland expressed concern about the absence of comprehensive legislation on

discrimination, and about social attitudes towards a number of vulnerable groups. Ireland

was concerned by some restrictions on freedom of expression and opinion.

52. Italy welcomed the moratorium on capital executions and ratification of the Second

Optional Protocol to the International Covenant on Civil and Political Rights and the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment. It appreciated the measures undertaken to promote

women’s rights.

53. Japan commended Mongolia for ratifying various international human rights

instruments, including the International Convention for the Protection of All Persons from

Enforced Disappearance, as well as for establishing various human rights-related

legislation, such as the new Criminal Code. Japan expected a steady implementation of this

legislation and the establishment of the rule of law.

54. Kuwait commended Mongolia for all efforts in drafting the report, which testified to

the significant progress made since the previous review. It commended in particular efforts

to broaden human rights protection, notably the ratification of the International Convention

for the Protection of All Persons from Enforced Disappearances and the Optional Protocol

to the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or

Punishment.

55. The Lao People’s Democratic Republic was pleased to note that, since the previous

universal periodic review, Mongolia had taken steps to implement a large number of

accepted recommendations. It appreciated the ratification of the International Convention

for the Protection of All Persons from Enforced Disappearance, and the Optional Protocol

to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment, promoting the rights of children and persons with disabilities, enhancing

gender equality, ensuring equal access to secondary, high education and vocational training

between men and women, and preventing and fighting domestic violence and human

trafficking.

56. Latvia commended efforts to combat domestic violence and praised the open

national education programme, an important step in allowing people to have access and

continue their education no matter their location in the country.

57. Lithuania welcomed progress, namely the ratification of the International

Convention for the Protection of All Persons from Enforced Disappearances, and the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment, the moratorium on capital punishment since 2010,

judicial reform, and in the field of women’s empowerment. It remained concerned,

however, about the low number of cases of domestic violence dealt with by the judicial

system.

58. Malaysia was pleased about efforts and progress made on the training of law

enforcement officials, preventing incidence of trafficking and combating domestic violence,

which were part of the accepted recommendations by Mongolia during its first universal

periodic review. Malaysia acknowledged Mongolia’s commitment to preventing and

combating domestic violence, although cases had been on the rise from 2010 to 2014.

59. Mexico took note with satisfaction of progress achieved since the first review,

highlighting the accession to and ratification of different international human rights treaties.

It recognized the actions aimed at strengthening the national legislation in the area of

trafficking in persons and independence of the judiciary.

60. Montenegro welcomed efforts to strengthen the institutional and strategic framework

for human rights and the ratification of several international human rights treaties. It

commended the fact that the President, within the framework of the Criminal Code, set a

moratorium on capital punishment in 2010. Making reference to information from the

Committee against Torture on 44 persons remaining on death row, Montenegro wished to

know if there was any action undertaken in order to commute the capital punishment into

life sentences.

61. Morocco noted with appreciation the initiatives undertaken in the fight against

trafficking in persons, and gender equality in all sectors of society, in particular the setting

of quotas for women’s representation in State institutions. Morocco welcomed the

accession to the International Convention for the Protection of all Persons from Enforced

Disappearances, and the Optional Protocol to the Convention against Torture. Morocco

asked for information on initiatives taken for the establishment of national mechanism for

the prevention of torture as foreseen by the Optional Protocol to the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

62. Namibia was pleased to note the enactment of the Law on Gender Equality 2011 and

the subsequent adoption of a Mid-Term Strategy and Action Plan in 2013. Namibia was

also pleased to note the moratorium on the death penalty and the submission of the new

Criminal Code to the Parliament in July 2014, which removed all provisions relating to the

death penalty.

63. Nepal noted with appreciation the enactment of various laws, such as the Law on

Gender Equality of 2011, the Law on Combatting Human Trafficking of 2012, the Law on

Witness and Victim Protection of 2013, and the Law on Providing Legal Assistance to

Indigent Defendants of 2013. Nepal also appreciated measures taken by the Government to

combat maternal mortality and child labour, the accession of Mongolia to the Second

Optional Protocol to the International Covenant on Civil and Political Rights in 2012 and

the de facto moratorium on capital punishment.

64. The Netherlands noted with appreciation Mongolia’s increased international activity

to promote democratic values, and believed that the organization of the Freedom Online

Conference would have a positive effect on rights and freedoms online in Mongolia and the

region.

65. The delegation of Mongolia noted the steps taken to abolish the death penalty,

specifically the draft Criminal Code currently under review by the Parliament. The

delegation further elaborated that all persons who were sentenced to death had been granted

a pardon by the President, and would therefore serve a 30-year prison term after which they

would be released.

66. The delegation reiterated that torture was a subject of serious concern in Mongolia

and acceding to the Optional Protocol to the Convention against Torture and Other Cruel,

Inhuman or Degrading Treatment or Punishment in 2011 was one of many efforts by the

Government to abolish all torture cases in the country. There were a total of 14 cases of

torture recorded, and as of 2014 two cases had been addressed. Furthermore, the delegation

reiterated Mongolia’s commitment to incorporating the subject of torture in the educational

programme curricular. This provision of torture had already been included for law

enforcement officers; however, the curricular for prosecutors should also include the

subject of torture.

67. According to the Criminal Code of Mongolia, hate crimes are prohibited based on a

religious, sexual, or ethnic basis, and therefore, should such cases take place, the

perpetrator would be subject to criminal liability. Despite the lack of records concerning

discrimination against LGBT people, the delegation of Mongolia expressed the readiness of

law enforcement institutions to provide for the protection and promotion of LGBT people’s

rights.

68. Mongolia firmly believed that its efforts needed to be enhanced in order to promote

the rights of the child within the family. Included within the new family law, there are very

strong provisions and clauses that restrict and prohibit corporal punishment of children

within the family.

69. Following the enactment of the Human Trafficking Law in 2012, Mongolia reached

a new stage in their efforts to combat human trafficking.

70. The delegation of Mongolia explained that the Criminal Code did not allow for

detention of a suspect without a special resolution to arrest or detain a suspect issued by a

judge or prosecutor. Despite the criticism from the general public concerning cases of

unjustified or unlawful arrest or detention of suspects, there were no records of such cases.

71. In Mongolia, domestic violence remained a primary focus, especially in the National

Committee on Gender Equality, where numerous activities were conducted in order to

create public awareness of the issue, especially among the youth. With the enactment of the

revised Domestic Violence Law, Mongolia would be better able to address and tackle

domestic violence issues completely, in addition to being equipped with a new method and

instrument to deal with the problem. However, regarding liabilities and sanctions of

perpetrators of domestic violence, there was a need for more efficient coordination among

the domestic laws, especially concerning the mandates of law enforcement agencies.

72. Food security remained a critical issue in Mongolia. Numerous policy documents

regarding food and health security in the country had been approved by the Government,

including the Food Security National Programme. In addition, 21 provinces, including 8

border crossing points, had established equipped laboratories to ensure food inspection in

order to ensure food security according to international standards.

73. The Niger congratulated Mongolia for the adoption of several laws concerning the

reform of justice in 2013 and welcomed the ratification of several international instruments,

as well as efforts to ensure a better coordination with treaty bodies. As a result, the

judiciary would be reinforced in terms of human and material resources, transparency and

independence.

74. Norway acknowledged efforts to further enhance the protection of human rights, in

particular the adoption and recent ratification of United Nations human rights conventions,

and national programmes to protect the rights of women, children and persons with

disabilities. It also appreciated efforts to establish a participatory and inclusive process for

consultation with civil society for its universal periodic review.

75. Pakistan acknowledged the Government commitment to the adoption of Laws on

Gender Equality, Combating Human Trafficking Witness and Victim Protection, as well as

Security of Food Products, in the establishment of a legal assistance centre, and

administrative measures to protect rights of women and to enhance their participation at the

decision-making level. Pakistan also praised the adoption of National Programme on

elimination of intolerable forms of child labour and Children’s development.

76. Paraguay welcomed the openness and the work done with the Special Rapporteur on

extreme poverty and other mandate holders. Paraguay welcomed the progress in the fight

against poverty, the ratification of the Optional Protocol of the Convention against Torture

and Other Cruel, Inhuman and Degrading Treatment or Punishment, and the entry into

force in 2012 of the Second Optional Protocol to the International Covenant on Civil and

Political Rights, aimed at abolishing the death penalty. Paraguay shared its concern

regarding domestic violence and encouraged Mongolia to continue making efforts

principally for the care of domestic violence victims.

77. The Philippines encouraged the positive actions taken to address gender equality and

women’s participation in public service. It noted the enactment of the Law on Gender and

Equality, and also appreciated efforts to address domestic violence. However, it was

concerned about the number of reported domestic violence cases, which remained high. It

welcomed the enactment of the Law on Combatting Human Trafficking.

78. Poland welcomed the improvements of the legal environment, the introduction of

the Law on Gender Equality, the Law on Combatting Human Trafficking and the Law on

Providing Legal Assistance to Indigent Defendants and accession to international treaties.

Poland remained concerned about the exploitation of children and their work in hazardous

labour conditions.

79. Portugal welcomed the ratification of the Optional Protocol to the International

Covenant on Economic, Social and Cultural Rights. Portugal noted that, although the

Second Optional Protocol to the International Covenant on Civil and Political Rights had

been ratified, Mongolia’s internal legislation still had not been amended accordingly.

80. The Republic of Korea noted the ratification of and accession to major international

human rights instruments and the enactment of new domestic laws and regulations,

including the Law on Gender Equality and the National Plan of Action 2012-16 on

Eliminating Child Labour. It hoped that those legislative and institutional measures could

be fully implemented so as to improve the human rights situation in all areas.

81. The Republic of Moldova commented on the legal and structural changes,

implemented since the first review to strengthen protection of human rights, such as the

accession to the Second Optional Protocol to the International Covenant on Civil and

Political Rights aiming at the abolition of the death penalty, and the ratification of the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment. The Republic of Moldova also welcomed the

enactment of the Law on Combating Human Trafficking and the adoption of the National

Programme on Fighting Domestic Violence.

82. Romania praised Mongolia for the ratification of the Second Optional Protocol to

the International Covenant on Civil and Political Rights, and for the Presidential elections

in 2013. Romania took note of the commitment of the Mongolian authorities, as expressed

in the national report, to uphold the highest human rights standards.

83. The Russian Federation took note of the steps taken by the Government to protect

the rights and freedoms of citizens, and welcomed the reform of the judicial system. It also

welcomed the creation of new institutions for the promotion of human rights and accession

to international treaties.

84. Rwanda commended Mongolia for the ratification of the Second Optional Protocol

to the International Covenant on Civil and Political Rights, the International Convention for

the Protection of all Persons from Enforced Disappearances, and the Optional Protocol to

the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or

Punishment. Rwanda further appreciated that women’s participation in political life had

increased, with the number of elected women Parliament Members rising from 3 to 11 in

2012.

85. Serbia acknowledged the efforts taken to promote and protect human rights since the

first universal periodic review cycle. It commended Mongolia for the adoption of the 2004

Law to Combat Domestic Violence.

86. Sierra Leone commended Mongolia for introducing a moratorium on the death

penalty and the ratification of the Second Optional Protocol to the International Covenant

on Civil and Political Rights, the International Convention for the Protection of All Persons

from Enforced Disappearance, and the Optional Protocol to the Convention against Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment. It noted measures taken

with a view to providing equal access to education as well as adopting the Gender Equality

Act. It encouraged Mongolia to adopt the definition of torture and child labour norms in

compliance with international standards.

87. Singapore recognized the steps and progress made since the previous review on the

improvement of women’s rights, reducing maternal morbidity and increasing transparency

and accountability in public services.

88. Slovakia welcomed the steps taken to strengthen human rights protection at the

national level, in particular by acceding to international treaties. Recognizing efforts aimed

to improve the right to access to the information, Slovakia urged the authorities to continue

implementing the legislation on media and access to information.

89. Slovenia noted that Mongolia implemented the majority of recommendations from

the first universal periodic review cycle, and commended Mongolia for the progress

achieved in protecting the rights of persons with disabilities and promoting the right to

education. While noting the adoption of the Law on Gender Equality, it expressed concern

that gender-based and domestic violence remained a serious problem.

90. Spain congratulated Mongolia on the ratification of the Second Optional Protocol to

the International Covenant on Civil and Political Rights, and the Optional Protocol to the

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment as well as establishing a moratorium on the death penalty, and instituting a

legal framework for protecting women from violence.

91. Sweden referred to the recommendations made by the United Nations treaty bodies,

in particular the Committee on the Rights of the Child, with regard to prohibition of all

forms of corporal punishment. It also expressed concern about the human rights situation in

ger districts.

92. Switzerland welcomed the ratification of international treaties, namely the Minamata

Convention on Mercury and the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment. It also noted the efforts

undertaken to combat domestic violence. However, it regretted the application of

defamation law.

93. Thailand commended Mongolia for legislation and initiatives aimed to promote the

rights of vulnerable groups. It noted remaining challenges in such areas as discrimination

and domestic violence, urging Mongolia to pursue effective implementation of the existing

laws.

94. Timor-Leste was pleased to note the progress achieved by Mongolia, in particular

the adoption of legislation to combat human trafficking.

95. Turkey congratulated Mongolia for the achievements made in the area of human

rights, referring to the abolition of the death penalty and the impressive track record on free

and fair elections. It also noted with satisfaction progress in acceding to international

treaties, and efforts to bring legislation in line with international instruments.

96. Turkmenistan welcomed the efforts taken by Mongolia with a view to strengthening

legislative and institutional mechanisms for the protection of human rights.

97. The United Kingdom of Great Britain and Northern Ireland recognized the progress

made since the previous universal periodic review, including the establishment of a Human

Rights Division. It was pleased to note that Mongolia had maintained a moratorium on the

death penalty. While welcoming legislative actions taken to criminalize discrimination of

minority groups, the United Kingdom encouraged Mongolia to swiftly introduce anti-

discrimination legislation to protect minorities.

98. The United States of America was encouraged by Mongolia’s leadership in the

Freedom Online Coalition and the Community of Democracies and efforts to improve

rights of women and persons with disabilities. It was concerned by violence against LGBT

persons and excessive penalties attached to defamation lawsuits.

99. Uruguay welcomed the ratification of the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the

International Convention for the Protection of All Persons from Enforced Disappearance,

and the Second Optional Protocol to the International Covenant on Civil and Political

Rights. It also noted that Gender Law was an important mechanism that allowed a

prohibition of direct and indirect discrimination.

100. The Bolivarian Republic of Venezuela emphasized the progress achieved since the

first universal periodic review cycle, namely acceding to the Second Optional Protocol to

the International Covenant on Civil and Political Rights, the adoption of the Gender

Equality Law, and the Law against Trafficking, along with national programmes on anti-

human trafficking, as well as efforts aimed at curbing poverty.

101. Algeria noted progress in protecting and promoting human rights and efforts to

prevent and combat domestic violence in the framework of the national programme. It also

praised Mongolia for reforms in the justice system.

102. The delegation of Mongolia discussed a policy of providing equal access to

education for children with disabilities that was stipulated in 35 laws and 20 national

programmes, such as the Government Plan of Action 2012–2016 and the Education Master

Plan. Moreover, the Government attached high priority to the training of teaching staff, in

addition to continuous efforts to increase the salary levels for those who teach children with

disabilities. There was also a plan to establish a national education centre for children with

disabilities with a budget of US$ 50 million to improve the quality of health and education.

103. Regarding the subject of torture, the delegation of Mongolia stated that the National

Police Agency was committed to improving professional qualification, skills and education

of its staff on the issue of torture by incorporating in the annual training curricular a

mandatory human rights subject. The course focused on ensuring public safety and security,

while also ensuring that human rights were upheld. This type of training was conducted in

conjunction with organizations such as the National Human Rights Commission and

Amnesty International, in order to establish a specialized training programme that would be

used to train law enforcement officials in local constituents on the application of human

rights principles in investigation and inspection practices. Furthermore, additional measures

were conducted to ensure accessibility by the general public, and the monitoring of

complaint processes, such as cooperation with citizens’ representative institutions, and a

smart police website in the Capital City Police Department.

104. Regarding the status of LGBT rights in Mongolia, the delegation stated that the

Government had been striving to ensure the rights of LGBT people ever since the first

universal periodic review session. In addition, the delegation highlighted its appreciation

for all recommendations concerning the criminal code provision on the elimination of all

forms of discrimination of sexual minorities and LGBT people.

105. Referring to the Law on Gender Equality, the delegation discussed a new provision

in the Labour code designed to prevent sexual harassment at work in addition to specific

liabilities for those who committed this crime. Moreover, the delegation acknowledged the

need for new amendments that provided for equality between the roles of family members

in the household.

106. On the right to freedom of expression, the delegation highlighted that out of

3 million people in Mongolia, 2 million were Internet users and 1.8 million were

smartphone users. Furthermore, citizens of Mongolia had access to all social media and

enjoyed the right to express their opinions through social media to the fullest extent.

107. The National Police Agency placed high priority on the safety and security of

foreign citizens who were residing temporally or regularly in the country. Moreover, should

a foreign citizen face any problems, they had the right to inform the police department

within 24 hours to request an investigation, legal counsel, and information for the

protection of their rights. In addition, according to the Criminal Procedure Code, foreign

citizens residing in Mongolia had the right to speak their native language during the trial

process.

II. Conclusions and recommendations

108. The following recommendations will be examined by Mongolia which will

provide responses in due time, but no later than the 30 th

session of the Human Rights

Council in September 2015:

108.1 Lift the declaration of recognizing Article 14 of the International

Convention on the Elimination of All Forms of Racial Discrimination (Estonia);

108.2 Take all necessary actions to comply with its obligations as set out in

the Second Optional Protocol to the International Covenant on Civil and

Political Rights (Namibia);

108.3 Amend its legislation in accordance with the Second Optional

Protocol to the International Covenant on Civil and Political Rights, in the

briefest delay, with the aim of abolishing the death penalty (Portugal);

108.4 Ratify the Convention against Torture Articles 21 and 22 (Algeria);

108.5 Recognize the competence of the Committee against Torture and

make the declaration under articles 21 and 22 of the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

(Poland);

108.6 Make the declaration regarding Article 22 of the Convention against

Torture to recognize the competence of the Committee against Torture to

receive individual communications (Denmark);

108.7 Establish a robust and well-resourced national preventive mechanism

in accordance with the Optional Protocol to the Convention against Torture

** The conclusions and recommendations have not been edited.

and Other Cruel, Inhuman or Degrading Treatment or Punishment (Czech

Republic);

108.8 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a Communications Procedure (Montenegro; Portugal; Thailand);

108.9 Ratify the International Convention for the Protection of the Rights

of All Migrant Workers and Members of their Families (Paraguay);

108.10 Accede to the Convention for the Protection of the Rights of Migrant

Workers and Members of Their Families (Uruguay);

108.11 Step up the process of ratifying the International Convention on the

Protection of the Rights of all Migrant Workers and Members of Their

Families (Algeria);

108.12 Consider ratifying ICRMW and ILO Convention 189 (Philippines);

108.13 Consider its accession to the International Convention on the

Protection of the Rights of All Migrant Workers and Members of their

Families, in order to ensure a comprehensive approach to migrant workers’

rights (Indonesia);

108.14 Ratify the ICRMW and the Conventions on Refugees and Stateless

persons (Sierra Leone);

108.15 Positively consider acceding to the Convention on the Status of

Stateless Persons and the Convention on the Reduction of Statelessness

(Norway);

108.16 Accelerate the process to accede to the 1951 Convention Relating to

the Status of Refugees and its 1967 Protocol, and enact legislation to protect

asylum-seekers and refugees regardless of country of origin (Canada);

108.17 Fully align its national legislation with the Rome Statute of the ICC

and ratify the Agreement on Privileges and Immunities of the Court (Estonia);

108.18 Transpose the Rome Statute of the International Criminal Court into

national law (Portugal);

108.19 Adopt a comprehensive anti-discrimination legislation to avoid all

forms of discrimination on the basis of ethnicity, religion, sexual orientation or

gender identity, language, political belief, mental or physical disability (Chile);

108.20 Adopt comprehensive legislation to counter discrimination, and take

steps to ensure that equality enshrined in such legislation or in existing law is

achieved in practice (Ireland);

108.21 Introduce comprehensive anti-discrimination legislation that would

protect the rights of all members of minority groups including LGBT persons

(United Kingdom of Great Britain and Northern Ireland);

108.22 Accelerate the enactment process of the new Criminal Code

(Turkey);

108.23 Hasten its positive work on revising the Criminal Code and other

necessary legal framework, followed by its effective implementation, to ensure a

legal framework and human rights culture that promotes equality and security

for all (Norway);

108.24 Continue to protect and promote the rights of vulnerable groups of

population, including children, the disabled, the elderly and women (Russian

Federation);

108.25 Revise the law governing the National Human Rights Commission

and develop its capacity to bring it in line with the Paris Principles (Sierra

Leone);

108.26 Continue its efforts in the field of education and human rights

training particularly for law enforcement officers (Morocco);

108.27 Incorporate training on human rights training and the application of

international treaties in the permanent and mandatory training programme for

judges and magistrates (Mexico);

108.28 Strengthen the mandate of the Commission of Human Rights in view

of its full independence and conformity with the Paris Principles (Chile);

108.29 Provide greater support to the National Human Rights Commission

to ensure its independence (Australia);

108.30 Give continuity to strengthening of national human rights institutions

and mechanisms (Nepal);

108.31 Take the necessary steps to enhance the capacity of the National

Human Rights Commission of Mongolia to enable it to carry out its mandate

freely and independently for it to comply with the Paris Principles (Namibia);

108.32 Improve the work of the National Human Rights Commission with a

view to conform it to the Paris Principles, and to reinforce its legal framework

to better fight against discrimination. (Niger);

108.33 Continue its efforts for further strengthening of human rights

institutions for the effective realization of all human rights in the country

(Pakistan);

108.34 Apply the commitments undertaken under the national legislation for

the protection of the most vulnerable citizens, notably children, senior citizens

and persons with disabilities (Romania);

108.35 Continue efforts for provision of human rights education and

training at all levels including for government functionaries (Pakistan);

108.36 Examine the possibility for creating a follow up system for

international recommendations, including accepted universal periodic review

recommendations (Paraguay);

108.37 Work on strengthening international cooperation in the field of

human rights (Turkmenistan);

108.38 Submit its first report to the UN Committee against Torture, which is

overdue since 2003, in order to initiate the valuable dialogue with the

Committee (Denmark);

108.39 Consider further cooperation with the international human rights

monitoring mechanisms including treaty bodies and Special procedures of the

Human Rights Council (Turkmenistan);

108.40 Participate actively in the international programmes of technical

assistance and capacity building in the field of human rights (Turkmenistan);

108.41 Introduce new legislation to fight discrimination on any grounds

(Uruguay);

108.42 Adopt a comprehensive law against discrimination on all grounds,

including legal protection of victims (Czech Republic);

108.43 Further pursue measures for the protection of the rights of women

and children (Japan);

108.44 Step up its efforts in enhancing the impact of the measures taken to

address traditional discriminatory practices and persisting stereotypes about

the roles and responsibilities of women and men (Slovenia);

108.45 Deepen the actions that ensure the effective implementation and

legislation that guarantee the equality and protection of women (Argentina);

108.46 Continue its efforts in improving protection of women’s rights

(Democratic People’s Republic of Korea);

108.47 Continue to promote gender equality and involvement of women in

public services (Lao People’s Democratic Republic);

108.48 Continue to implement policies that would further encourage

women’s full and active participation in its society and economy (Singapore);

108.49 Consider adopting a national action plan on Security Council

Resolution 1325 on Women, Peace and Security (Portugal);

108.50 Fight against the hate speeches that provoke racial and ethnical

discrimination and to fight against the relevant violence (China);

108.51 Take effective measures to combat direct and indirect discrimination

against persons living in the ger districts (Sweden);

108.52 Step up efforts to ensure the protection of foreign nationals from any

forms of attacks and to hold offenders accountable (Republic of Korea);

108.53 Combat all forms of discrimination, including based on sexual

orientation or sexual identity (France);

108.54 Develop pertinent legislation to guarantee the effective protection of

the human rights of LGBTI persons, as well as undertake impartial

investigations on the allegations of attacks against them in accordance with the

Special Rapporteur on extreme poverty and human rights (Honduras);

108.55 Prohibit all forms of discrimination, including discrimination on the

basis of sexual orientation and gender identity (Slovenia);

108.56 Ensure that all forms of discrimination are prohibited, including on

the basis of sexual orientation, gender identity and health status (Timor-Leste);

108.57 Promote equality in the enjoyment of human rights of LGBTI

persons incorporating it into national legislation (Uruguay);

108.58 Amend its criminal legislation to include crimes of hatred and of

discrimination on the grounds of sexual orientation and gender identity

(Spain);

108.59 Launch a public awareness-raising campaign to fight and prevent

discrimination and violence against LGBT persons and to promote tolerance

(Brazil);

108.60 Step up its efforts to counter discrimination and violence on the basis

of sexual orientation or gender identity, and to structurally collect data and

provide statistics and information in this regard. (Netherlands);

108.61 Adopt quick and effective measures, as well as necessary legislation,

in order to explicitly prohibit, prevent, punish and abolish discrimination on

any grounds, including on the basis of HIV/AIDS status, as previously

recommended (Mexico);1

108.62 Confirm by law the abolition of the death penalty in line with the

Second Optional Protocol to the International Covenant on Civil and Political

Rights aiming at the abolition of the death penalty, which Mongolia has ratified

(France);

108.63 Adopt legislation to explicitly abolish the death penalty (Australia);

108.64 Amend the Criminal Code with a view to fully abolish the death

penalty (Italy);

108.65 Introduce a complete abolition of the death penalty through legal

reform (United Kingdom of Great Britain and Northern Ireland);

108.66 Review its criminal law legislation to abolish the death penalty in

order to reflect its international commitment done by the ratification of the

Second Optional Protocol to the International Covenant on Civil and Political

Rights (Sweden);

108.67 Adopt legislation, including a new Criminal Code with the aim of

abolishing the death penalty in law (Slovakia);

108.68 Abolish de jure the death penalty for all crimes (Montenegro);

108.69 Abolish the death penalty and provide the families of the executed

persons with relevant declassified information (Lithuania);

108.70 Declassify State secret information on the death penalty (Portugal);

108.71 Incorporate the international framework on the prevention of torture

and other cruel, inhuman or degrading treatment in the training of law

enforcement officials and other public officials, as well as in the permanent

training programme of judges and lawyers (Mexico);

108.72 Improve prosecution of all allegations of torture as well as conditions

in detention and prison facilities and strengthen legal safeguards available to

victims of torture (Czech Republic);

108.73 Put in place awareness raising programmes targeting the police

forces in order to prevent torture and other cruel, inhuman or degrading

treatment or punishment, as well as to create effective investigation

mechanisms to combat impunity in this area (France);

108.74 Consider the amendment of its Criminal Code in order to include a

definition of torture as a crime (Hungary);

108.75 Establish an independent mechanism for the investigation of

allegations of torture and ill-treatment in line with the requirements of the

1 The recommendation as read during the interactive dialogue: “Mexico reiterates its recommendation

in the area of non-discrimination from the first cycle UPR of Mongolia.”

recently ratified the Optional Protocol to the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment (Austria);

108.76 Ensure that torture and ill- treatment by public officials would not be

tolerated and that all alleged perpetrators of the acts of torture would be

investigated (Timor-Leste);

108.77 Establish an independent investigation mechanism for allegations of

torture and other cruel and inhuman or degrading treatment committed by

police forces and to prevent such violations by public agents (Switzerland);

108.78 Ensure that all complaints and reports of torture and other ill-

treatment are investigated thoroughly by an independent agency, and that

those responsible are held to account. Such investigations should be conducted

by personnel who are competent, impartial and independent of the alleged

perpetrators and the agency they serve (Sweden);

108.79 Strengthen the measures aimed at preventing cases of torture and ill-

treatment by public officials, and ensure that all allegations are promptly and

thoroughly investigated in order to bring to justice those responsible (Italy);

108.80 Continue to take measures to eradicate the use of torture and other

forms of ill-treatment, including through training and education of law

enforcement authorities (Costa Rica);

108.81 Establish judicial and other mechanisms to investigate allegations of

torture, police brutality, and arbitrary detention (Canada);

108.82 Take appropriate steps to improve the treatment of detainees

(Japan);

108.83 Adopt legislation to prevent and end all forms of violence against

children (Timor-Leste);

108.84 Continue active work in combating domestic violence (Belarus);

108.85 Step up its efforts to curb the occurrence of domestic violence

(Philippines);

108.86 Continue to put forward more efforts to eliminate domestic and

gender-based violence and discrimination against women and ensure greater

representation of women in all sectors of society by fully implementing the Law

on Gender Equality (Republic of Korea);

108.87 Strengthen efforts to prevent gender-based and domestic violence by

criminalizing martial rape and sexual harassment providing victims with access

to justice, assistance and protection, and by ensuring that cases are properly

investigated and perpetrators duly prosecuted (Slovenia);

108.88 Adopt and actively pursue a focused national strategy on combating

all forms of violence against women, which would promote awareness – raising

activities related to the Law to Combat Domestic Violence (Turkey);

108.89 Continue to strengthen protections for domestic violence survivors,

and extend an invitation to the Special Rapporteur on violence against women,

its causes and consequences to visit Mongolia (United States of America);

108.90 Continue its efforts in the field of combating domestic violence

(Latvia);

108.91 Reinforce mechanisms to detect and investigate cases of domestic

violence and train law enforcement officials to deal with such cases (Republic of

Moldova);

108.92 Effectively implement existing laws in the area of domestic violence

and strengthen the prevention activities and protect victims including through

the establishment of protection facilities in remote areas (Switzerland);

108.93 Pass the draft domestic violence legislation before Parliament to

criminalise domestic violence, better protect victims and ensure perpetrators

are prosecuted (Australia);

108.94 Strengthen mechanisms to prevent domestic violence, particularly,

focusing on awareness-raising to heighten awareness of this issue (Spain);

108.95 Remove barriers in accessing legal remedies against domestic

violence including by improving the collaboration between relevant institutions

and revisiting evidentiary requirements , and to ensure that restraining orders

are enforced (Austria);

108.96 Improve access of victims of domestic violence to effective protection

and redress, strengthen the capacity for prosecution of perpetrators of

domestic violence and criminalize marital rape (Czech Republic);

108.97 Ensure the effective implementation of the existing legislation aimed

at fighting discrimination and violence against women and domestic violence

(Italy);

108.98 Consider wider establishment of shelter houses for women and

children seeking protection from domestic violence (Malaysia);

108.99 Continue to strengthen national legislation to combat domestic

violence (Russian Federation);

108.100 Develop a well-defined legal framework to prevent and combat

violence against women and build a social protection system for victims of

domestic violence (Serbia);

108.101 Amend the criminal legislation to criminalize domestic violence and

ensure that authorities pursue prosecution of domestic violence to hold

offenders accountable and provide adequate funding of all services for victims

of domestic violence (Slovakia);

108.102 Modify criminal legislation to ensure that domestic violence becomes

a crime (Spain);

108.103 Adopt the revised Law against Domestic Violence, enhance awareness

-raising campaigns about domestic violence, and expand services and

protection for victims (Canada);

108.104 Consider criminalising domestic violence, sexual harassment and

ensuring that perpetrators are duly prosecuted (Hungary);

108.105 Adopt legislative measures to make domestic violence a crime,

understanding all forms of violence in the home, including threats, sexual

harassment and sexual abuse, and ensure that perpetrators are brought to

justice and that victims receive care, including in the rural areas (Paraguay);

108.106 Explicitly prohibit corporal punishment to children in accordance

with the recommendations of CAT (Chile);

108.107 Explicitly prohibit all corporal punishment of children, including in

the home (Sweden);

108.108 Take steps to effectively prevent child labour and protect children

from exploitation, especially from work in hazardous labour conditions

(Germany);

108.109 Strengthen the implementation of the National Plan of Action 2012-

2016 on Eliminating the Intolerable Forms of Child Labour and to consider

follow-up mechanisms (Italy);

108.110 Enhance the efforts to combat child labour and ensure that children

do not work in hazardous labour conditions, including artisanal (informal)

mines (Italy);

108.111 Continue its efforts in combating child labour, as well as including by

bringing the employers to justice, and to introduce new non-violent forms of

discipline for children at home and in schools (Lithuania);

108.112 Explore strategies to combat child labour (Norway);

108.113 Combat child labour, including by criminalizing employers who

exploit child labour and bringing them to justice (Poland);

108.114 Continue efforts to ensure that children are protected from all forms

of violence and exploitation, particularly from child labour in hazardous

conditions (Republic of Korea);

108.115 Continue its efforts in the field of the protection of child rights

(Morocco);

108.116 Improve the enforcement of the Law on Combating Trafficking in

persons by strengthening the capacity of law enforcement to detect and

prosecute perpetrators, and by expanding services for victims (Canada);

108.117 Implement the Law on Combating Human Trafficking of 2012 and

strengthen the law enforcement and the judicial system, in order to ensure

effective investigation and prosecution of perpetrators and to prevent

trafficking (Brazil);

108.118 Criminalize all forms of human trafficking of children by enacting

the strict anti-trafficking legislation (Sierra Leone);

108.119 Enhance measures in combatting trafficking in person, particularly

women and children, through proper investigation and prosecution in all cases

of human trafficking (Malaysia);

108.120 Allocate all necessary human and material resources to combat the

trafficking of persons (Honduras);

108.121 Take budgetary, administrative and legislative measures to guarantee

access to witnesses and victims of trafficking in persons to legal aid, protection

and rehabilitation services (Mexico);

108.122 Continue to provide adequate human and other resources to its anti-

human trafficking programmes (Philippines);

108.123 Provide training to stakeholders involved in the administration and

delivery of justice, to prosecute trafficking in persons pursuant to the new

regulating framework, article 113 of the Criminal Code, especially to ensure

investigation of all allegations of trafficking in persons, including those against

law enforcement officials and to implement mechanisms for compensation and

rehabilitation of victims (Mexico);

108.124 Continue the reform of the judicial system in line with Mongolia’s

international commitments (Russian Federation);

108.125 Further improve access to the legal aid through the established

centres in all provinces by providing them with necessary financing and

qualified human resources (Lithuania);

108.126 Ensure independent and effective investigations in cases of torture

and ill-treatment in order to combat impunity in such cases, and to ensure that

victims of torture obtain adequate compensation and rehabilitation (Germany);

108.127 Ensure that all perpetrators are prosecuted and victims have access

to immediate redress and protection (Lithuania);

108.128 Establish a comprehensive framework on juvenile justice which is in

conformity with international standards (Sierra Leone);

108.129 Continue to take steps to prevent and fight corruption to bring about

equitable and sustainable growth for its people (Singapore);

108.130 Investigate all cases of corruption in the judicial system (Lithuania);

108.131 Harmonise its national legislation regarding freedom of expression

with the International Covenant on Civil and Political Rights, and ensure the

independence of the Regulations Commission of Communications

(Switzerland);

108.132 Ensure that laws and regulations related to freedom of expression

fully comply with Mongolia’s obligations under the International Covenant on

Civil and Political Rights and consider decriminalizing defamation (United

States of America);

108.133 Guarantee freedom of expression, including in the Internet (France);

108.134 Ensure full respect of human rights, including the right to privacy

and the right to freedom of expression, in all aspects of internet regulation, and

adherence of any restrictions of those rights to the principles of legality,

necessity and proportionality (Germany);

108.135 Ensure that journalists, media workers as well as civil society

activists are able to practice their activities freely without any fear for

punishment in accordance with international standards (Estonia);

108.136 Decriminalize defamation and put in place safeguards ensuring that

criticism of or reporting on the activities of state and regional authorities do not

lead to persecution or harassment (Czech Republic);

108.137 Decriminalise defamation and place it under the civil code in

accordance with international human rights standards (Ireland);

108.138 Ensure that criminal defamation law is not used to silence critics, and

to protect journalists’ sources and whistle-blowers (Austria);

108.139 Implement a national plan of action that would strengthen the

participation of women in the decision-making level of politics (Serbia);

108.140 Strengthen its efforts to include women in decision-making processes

and high level positions, and to ensure the inclusion of disabled persons in

education and employment (Norway);

108.141 Intensify its efforts in increasing women’s representation in decision-

making positions (Rwanda);

108.142 Take measures to ensure participation of women in politics, including

through affirmative action and quota requirements (Costa Rica);

108.143 Continue strengthening successful social programmes to improve the

quality of life of their people particularly the most marginalized (Bolivarian

Republic of Venezuela);

108.144 Undertake the necessary measures to ensure sustainable development

in its urban centres, ensuring that there is basic public services for the most

vulnerable people, particularly, migrants coming from rural areas (Spain);

108.145 Consider strengthening the delivery of primary health care with

national and subnational health systems, to expand coverage and access; and to

address the challenges related to the health system (Bhutan);

108.146 Continue efforts to promote the rights of women and children, and

address the still high level of maternal mortality (Nepal);

108.147 Continue its efforts to reduce maternal morbidity (Democratic

People’s Republic of Korea);

108.148 Continue its efforts in taking practical steps to further reduce the

rates of maternal morbidity, particularly in the rural areas (Singapore);

108.149 Continue making efforts to reduce disparities in infant mortality

rates between rural and urban areas in the country (Honduras);

108.150 Continue improving the “One Mongolia” open national education

programme (Latvia);

108.151 Continue its efforts in order to ensure the right to education for all

children (Romania);

108.152 Redouble its efforts in finalizing the Draft Law on the Rights of

Persons with Disabilities to guarantee the promotion and protection of rights of

disabled persons, in particular to ensure their participation, to increase their

employment, and to enhance their rights to education (Indonesia);

108.153 Continue its efforts in favour of persons with disabilities (Argentina);

108.154 Adopt specific legislation to address all kinds of discrimination,

particularly taking into account the rights of persons with disabilities and older

persons (Turkey);

108.155 Increase the input in education and give importance to the inclusive

education for disabled children to ensure their healthy development (China);

108.156 Ensure equal access to education for children with disabilities, by

improving public perception on their rights (Turkey);

108.157 Continue to strengthen educational system and ensuring equal access

of disabled children to education (Lao People’s Democratic Republic);

108.158 Consider giving special attention to the rights of women and girls

with disabilities, including their reproductive rights, the right to be free from

violence, to work, to receive education and to participate in decision-making

(Thailand);

108.159 Provide adequate protection to asylum seekers as required by

relevant international norms including the principle of non-refoulement and to

consider ratifying the Convention on Refugees (Republic of Korea);

108.160 Work together with UNHCR ensuring that the asylum-seekers have

access to their rights, particularly in compliance with the principle of non-

refoulement (Uruguay);

108.161 Consider the ratification of the Minamata Convention and update

article 4.1.23 of the Law on Minerals of Mongolia, which applies to small-scale

mining, to secure mining rights to small-scale miners and formalize their

operation as soon as possible (Hungary);

108.162 Develop a National Action Plan on business and human rights, for the

implementation of the UN Guiding Principles on Business and Human Rights,

with special attention for the situation of nomadic herders and access to remedy

(Netherlands);

108.163 Join the Voluntary Principles on Security and Human Rights

Initiative in order to promote respect for human rights in the provision of

security for extractive industry activities (United States of America);

108.164 Elaborate and implement a national action plan on the use of

mercury in the artisanal mining sector in order to protect the health of workers

involved in the work of this sector as well as the environment (Switzerland).

109. All conclusions and recommendations contained in the present report reflect

the position of the submitting States and the State under review. They should not be

construed as endorsed by the Working Group as a whole.

Annex

[English only]

Composition of the delegation

The delegation of Mongolia was headed by Mr. Tsogoo Uugangerel, Vice Minister

of Justice and composed of the following members:

• Mr. Erdenebat Ganbat, Deputy Prosecutor of General Prosecutor’s Office of

Mongolia

• Mr. Ankhbayar Nyamdorj, Head of the Human Rights Division of the Department

of International Legal Affairs of the Ministry of Foreign Affairs

• Ms. Nyamsuvd Batmagnai, Officer of the Foreign Relations Division of the

Ministry of Population Development and Social Welfare

• Mr. Badarch Gungaa, Head of the Foreign Relations Division of the General

Police Department

• Ms. Bolormaa Mashlai, Secretary of the National Committee on Equality

• Ms. Gantuya Dulaanjargal, Officer of the Treaty, Law and Foreign Relations

Department of the Ministry of Justice

• Ms. Khaliun Dalantai, Translator