Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Mongolia (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that the sentence imposed for committing the crime involving a person under the legal age in prostitution is lower than when the crime is committed against other persons. The Government indicated that the Criminal Code was amended on 19 January 2012 and that, according to the new provisions, the penalty for involving minors into prostitution, among others, is now higher (51–100 amounts of minimum salary or incarceration for a term of more than three to six months under section 115.2) than those involving other persons (20–50 amounts of minimum salary, 100–250 hours of labour or incarceration of one to three months). The Committee asked the Government how those provisions are applied in practice.

The Committee notes the Government’s statement in its report that information on the number of prosecutions, convictions and penalties imposed on crimes related to child prostitution is quite limited in Mongolia. The Government also indicates that the Ministry of Justice had worked with the ILO–IPEC in amending the Criminal Code to include a provision incriminating the use, procurement and offer of a child for prostitution. The draft Criminal Code is now under review by the Parliament. The Committee further notes that, according to the Understanding Children’s Work (UCW) programme’s report entitled: The twin challenges of child labour and education marginalisation in East and South East Asia region (the UCW report 2015), girls are trafficked internally and subjected to forced commercial exploitation, including in bars, hotels, saunas, massage parlours and karaoke clubs (panel 4, page 21). The Committee therefore requests the Government to provide information concerning the application in practice of the provisions of the Criminal Code incriminating the involvement of minors in prostitution, including the number of prosecutions and convictions and the specific penalties imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminded the Government in this respect that Article 3(b) of the Convention defining the worst forms of child labour applies to the use, procuring or offering of a child under the age of 18. The Committee noted the Government’s reference to the Law on Education and the Law on the Fight against Pornography, which were both amended on 19 January 2012. The Committee notes that specific provisions of these Laws impose aggravated penalties on the respective crimes that involve “persons under the legal age” in the Law on Education, and when they involve “minors” in the Law on the Fight against Pornography. Nevertheless, as the terms “persons under the legal age” and “minors” were not defined in the legislative excerpts available, it was not possible to determine whether children over the age of 16 years are included.

The Committee notes the Government’s reference to the links of the laws online. The Committee notes however that those laws are in Mongol. The Committee also notes the Government’s statement that amendments to the Mongolian Law on the Fight against Pornography will incorporate in detail the provisions of Articles 2 and 4 of the Optional Protocol of the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Committee therefore requests the Government to indicate clearly the definition of the terms “persons under the legal age” and “minors” as used within the context of the Law on Education and the Law on the Fight against Pornography. The Committee once again requests the Government to transmit copies of both Laws in English. It finally requests the Government to provide information on the amendments made to the Law on the Fight against Pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide definition of its terms “persons under the legal age” and “minors” within the context of section 192.3.2 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances. Noting the absence of reply on this point, the Committee accordingly once again requests the Government to indicate the definition of “persons under the legal age” and “minors” as used within the context of criminal liability under sections 192.3.2 and 56.1.3 of the Criminal Code.

Article 7(1). Penalties and court decisions. In its previous comments, the Committee expressed concern over the low number of convictions for trafficking of children and noted the comments of the Committee on the Elimination of the Discrimination Against Women, which expressed concern about the increasing incidence of trafficking and exploitation of women and girls, the low rate of prosecutions, and the high number of dismissed trafficking cases.

The Committee notes the Government’s indication that the information on human trafficking cases available rarely specify whether the victims are women or children. The Government indicates that, in 2013, it received 12 human trafficking cases, including one case involving a child victim. In 2014, out of 15 cases of human trafficking, ten were transferred to the court and five are under investigation. The Government further reports that it is in the process of creating a single information pool on human trafficking crimes. The Committee recalls that, by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to this Convention including the provision and application of penal sanctions or, as appropriate, other sanctions. The Committee, therefore, requests the Government to intensify its efforts to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied, in cases involving a victim under 18 years of age, including in the framework of the information pool on human trafficking.

Article 7(2). Clause (a). Effective and time-bound measures. Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted that the Special Rapporteur on extreme poverty reported that 19 per cent of children in rural areas drop out of school before completing year 8. The Committee notes the Government’s indication that the NAC sent official recommendations to take action to mayors of the provinces with the highest number of school drop-outs. The Government also indicates that, in 2014, the Children and Family Development divisions in rural areas collaborated with the Ministry of Labour to support families to obtain employment and to enable them to send their children to school instead of working. The Committee notes the Government’s indication that a study on children who are not in schools was conducted based on information from the Lifelong Education Centre and the Social Welfare Centre. The Committee notes however that, estimates from UNESCO outline that there was 10,799 out-of-school children in 2013. The Committee further notes that, according to the UCW report 2015, the share of out-of-school children is especially high in rural areas in Mongolia where the percentage of out-of-school rural children aged 10–14 years of age is five times that of urban children (paragraph 50). The Committee requests the Government to provide information on the measures taken to provide access to free, basic and quality education to both working and out-of-school children, as well as in increasing school attendance rates, in particular in the rural areas. It also requests the Government to provide a copy of the above-mentioned study on out-of-school children. Lastly, it also requests the government to provide information on the progress made in the process of the adoption of the amended Criminal Code.

Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee expressed concern over the increasing number of street children living in very harsh conditions.

The Committee notes the Government’s indication that it conducted regular operations to identify and register unsupervised children living in Ulaanbaatar city since 2012. The Government mentions that the Ulaanbaatar City Children and Family Development Department, in cooperation with the Ulaanbaatar Police, childcare organizations and civil society organizations provided a range of service to children identified as unsupervised (65 in 2012 and 57 in 2013). Within the framework of these actions, 11 childcare centres were contracted to provide rehabilitation to children. The Government also indicates that the Children and Family Development Centres (newly established in the nine districts of Ulaabaatar) are responsible for receiving and servicing unsupervised children. Taking note of this information, the Committee requests the Government to continue to provide information on the measures taken to remove children from the streets and to rehabilitate and socially integrate them. The Committee also requests the Government to provide information on the number of street children who have been received and rehabilitated by the Children and Family Development Centres and other childcare centres.

2. Children working in mines. The Committee previously took note of the national programmes and policies that aimed to remove children working in the mining sector and rehabilitate them.

The Committee notes that the Government’s report does not provide any information on this issue. The Committee also notes that, in the UNICEF Analysis of the situation of children in Mongolia (2014), often children working in mining handle explosives, transport heavy materials, stand in water for prolonged periods, work in extreme climate conditions, risk falling into open pits, and are exposed to toxic chemicals (page 58). The Committee again requests the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.

The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation and practice into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to support the Generalized Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia.