Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

(i)    the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;

(ii)   any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and

(iii)  any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Legislative developments. Referring to its previous comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations, called for “the speedy adoption of the draft law on gender equality that includes a definition of direct and indirect discrimination” (CEDAW/C/MNG/CO/7, 7 November 2009). The Committee hopes that the Gender Equality Law will be adopted in the near future, and asks the Government to provide information on the status of the Law, and on any activities undertaken by the National Committee for Gender Equality to promote equality of opportunity and treatment between women and men in employment and occupation.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

(i)    the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;

(ii)   any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and

(iii) any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Legislative developments. Referring to its previous comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations, called for “the speedy adoption of the draft law on gender equality that includes a definition of direct and indirect discrimination” (CEDAW/C/MNG/CO/7, 7 November 2009). The Committee hopes that the Gender Equality Law will be adopted in the near future, and asks the Government to provide information on the status of the Law, and on any activities undertaken by the National Committee for Gender Equality to promote equality of opportunity and treatment between women and men in employment and occupation.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Section 7(2) of the Labour Code. Application in practice. The Committee notes the information provided by the Government on the review of the implementation of the Labour Code undertaken in 2003, which covered at least 20 per cent of all state and private sector workplaces. The Committee notes the Government’s indication that the review also examined whether discrimination on the basis of age or sex was occurring, and by doing so alerted the managers to the obligation to comply with the non-discrimination principle. The Committee asks the Government to indicate whether the review undertaken in 2003 and labour inspections carried out subsequently have revealed any cases of discrimination contrary to section 7(2) of the Labour Code. The Committee also requests the Government to state whether the courts have dealt with any cases involving discrimination and to provide information on their outcome, including the remedies provided and sanctions imposed.

2. The Committee notes with interest the work done by the National Human Rights Commission, particularly as set out in its 2004 report which contains a chapter specifically dealing with employment discrimination. It requests the Government to continue to provide information on the Commission’s activities in this area, including the number of complaints concerning discrimination received by the Commission, as well as information on any action taken by the Government to implement the Commission’s recommendations concerning non-discrimination in employment.

3. Discrimination on the basis of political opinion. The Committee also notes that the National Human Rights Commission reported in 2004 that the dismissal of public servants on the basis of political affiliation was frequent after general and local elections. In this regard, the Committee recalls that political opinions may in certain limited circumstances constitute a bona fide qualification for certain senior administrative posts. However, it is essential that this not be carried beyond certain limits, as such practices may then come into conflict with the Convention’s provisions calling for the pursuance of a policy designed to eliminate discrimination on the basis of, inter alia, political opinion (see the 1996 Special Survey on equality of opportunity and treatment, paragraph 122). The Committee is concerned about the information provided by the National Human Rights Commission and requests the Government to provide detailed information in its next report on the measures taken to end dismissals from the civil service that are discriminatory on the basis of political opinion. The Committee also requests the Government to provide information on the number of complaints made by dismissed civil servants and the outcome of such proceedings.

4. Article 2. Measures to promote equality of opportunity and treatment between men and women. The Committee thanks the Government for providing detailed information on the various measures taken to promote gender equality. It particularly notes the National Programme on Gender Equality of December 2002 and that a number of measures were taken to raise the awareness of labour market actors and the population in general of the importance of non-discrimination and equality between men and women. The Committee notes with interest that some of these activities are conducted on a regular basis and address men and their roles and responsibilities within the family. The Committee requests the Government:

(a)   to continue to provide information on the specific measures taken or envisaged to implement in practice the principle of gender equality in employment and occupation;

(b)    to continue to provide information on the progress made in ensuring equal access of women to high-level and management positions; and

(c)    to provide statistical information indicating the distribution of men and women in training and employment in the various occupations and sectors of the economy, as well as gender-disaggregated employment and unemployment rates.

5. Recalling its previous comments concerning Chapter 7 of the Labour Code which extends certain job protections, including restrictions on overtime work, business travel and childcare leave to working mothers as well as single fathers, the Committee notes with interest that section 106 concerning childcare leave has been amended in 2003 and that this provision now provides for men and women to take childcare leave on an equal basis. However, the Committee notes that
sections 100–103 continue to assume that the burden of family responsibilities would be shouldered solely by working mothers, and not also by working fathers (unless the mother is not present). The Committee requests the Government to continue to review these provisions with a view to revising them to ensure that all working fathers may avail themselves of the protection afforded under Chapter 7, when necessary and appropriate, to promote equality in employment of both men and women.

6. Measures to promote equality of opportunity and treatment irrespective of race, colour or national extraction. With reference to its previous comments concerning discrimination based on ethnicity, the Committee notes the information provided by the Government on the various legal provisions providing protection from discrimination based on ethnic origin. The Government also stated that the courts and other competent authorities received no complaints regarding employment discrimination based on ethnic origin. The Committee recalls that the absence of complaints does not necessarily mean that discrimination does not occur in practice, nor does it release the Government from its obligation to pursue a national policy to promote equality in employment and occupation of persons from all ethnic groups. The Committee requests the Government to continue to provide information on any measures taken or envisaged in this regard. Please indicate whether any assessment of the employment situation of ethnic minorities has been made and provide any related statistical information.

7. Article 5. Special protective measures. Exclusion of women from certain occupations. The Committee notes Order No. A/204 of 1999, establishing the list of occupations considered hazardous, from which women and minors are prohibited. The Committee noted that the list of occupations prohibited for women is very extensive, and recalls that special protective measures should be regularly reviewed in order to avoid limitations to women’s equal access to employment and occupation contrary to the principle of equality of opportunity and treatment, as set out in the Convention. It, therefore, hopes that the Government will take the necessary measures to review, in cooperation with the social partners, whether it is still necessary to exclude women from such a wide range of occupations, in the light of improvements in working conditions, technological changes and taking into account the principle of gender equality. Please provide information on any measures taken regarding this matter.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Section 7(2) of the Labour Code. Application in practice. The Committee notes the information provided by the Government on the review of the implementation of the Labour Code undertaken in 2003, which covered at least 20 per cent of all state and private sector workplaces. The Committee notes the Government’s indication that the review also examined whether discrimination on the basis of age or sex was occurring, and by doing so alerted the managers to the obligation to comply with the non-discrimination principle. The Committee asks the Government to indicate whether the review undertaken in 2003 and labour inspections carried out subsequently have revealed any cases of discrimination contrary to section 7(2) of the Labour Code. The Committee also requests the Government to state whether the courts have dealt with any cases involving discrimination and to provide information on their outcome, including the remedies provided and sanctions imposed.

2. The Committee notes with interest the work done by the National Human Rights Commission, particularly as set out in its 2004 report which contains a chapter specifically dealing with employment discrimination. It requests the Government to continue to provide information on the Commission’s activities in this area, including the number of complaints concerning discrimination received by the Commission, as well as information on any action taken by the Government to implement the Commission’s recommendations concerning non-discrimination in employment.

3. Discrimination on the basis of political opinion. The Committee also notes that the National Human Rights Commission reported in 2004 that the dismissal of public servants on the basis of political affiliation was frequent after general and local elections. In this regard, the Committee recalls that political opinions may in certain limited circumstances constitute a bona fide qualification for certain senior administrative posts. However, it is essential that this not be carried beyond certain limits, as such practices may then come into conflict with the Convention’s provisions calling for the pursuance of a policy designed to eliminate discrimination on the basis of, inter alia, political opinion (see the 1996 Special Survey on equality of opportunity and treatment, paragraph 122). The Committee is concerned about the information provided by the National Human Rights Commission and requests the Government to provide detailed information in its next report on the measures taken to end dismissals from the civil service that are discriminatory on the basis of political opinion. The Committee also requests the Government to provide information on the number of complaints made by dismissed civil servants and the outcome of such proceedings.

4. Article 2. Measures to promote equality of opportunity and treatment between men and women. The Committee thanks the Government for providing detailed information on the various measures taken to promote gender equality. It particularly notes the National Programme on Gender Equality of December 2002 and that a number of measures were taken to raise the awareness of labour market actors and the population in general of the importance of non-discrimination and equality between men and women. The Committee notes with interest that some of these activities are conducted on a regular basis and address men and their roles and responsibilities within the family. The Committee requests the Government:

(a)   to continue to provide information on the specific measures taken or envisaged to implement in practice the principle of gender equality in employment and occupation;

(b)   to continue to provide information on the progress made in ensuring equal access of women to high-level and management positions; and

(c)   to provide statistical information indicating the distribution of men and women in training and employment in the various occupations and sectors of the economy, as well as gender-disaggregated employment and unemployment rates.

5. Recalling its previous comments concerning Chapter 7 of the Labour Code which extends certain job protections, including restrictions on overtime work, business travel and childcare leave to working mothers as well as single fathers, the Committee notes with interest that section 106 concerning childcare leave has been amended in 2003 and that this provision now provides for men and women to take childcare leave on an equal basis. However, the Committee notes that sections 100-103 continue to assume that the burden of family responsibilities would be shouldered solely by working mothers, and not also by working fathers (unless the mother is not present). The Committee requests the Government to continue to review these provisions with a view to revising them to ensure that all working fathers may avail themselves of the protection afforded under Chapter 7, when necessary and appropriate, to promote equality in employment of both men and women.

6. Measures to promote equality of opportunity and treatment irrespective of race, colour or national extraction. With reference to its previous comments concerning discrimination based on ethnicity, the Committee notes the information provided by the Government on the various legal provisions providing protection from discrimination based on ethnic origin. The Government also stated that the courts and other competent authorities received no complaints regarding employment discrimination based on ethnic origin. The Committee recalls that the absence of complaints does not necessarily mean that discrimination does not occur in practice, nor does it release the Government from its obligation to pursue a national policy to promote equality in employment and occupation of persons from all ethnic groups. The Committee requests the Government to continue to provide information on any measures taken or envisaged in this regard. Please indicate whether any assessment of the employment situation of ethnic minorities has been made and provide any related statistical information.

7. Article 5. Special protective measures. Exclusion of women from certain occupations. The Committee notes Order No. A/204 of 1999, establishing the list of occupations considered hazardous, from which women and minors are prohibited. The Committee noted that the list of occupations prohibited for women is very extensive, and recalls that special protective measures should be regularly reviewed in order to avoid limitations to women’s equal access to employment and occupation contrary to the principle of equality of opportunity and treatment, as set out in the Convention. It, therefore, hopes that the Government will take the necessary measures to review, in cooperation with the social partners, whether it is still necessary to exclude women from such a wide range of occupations, in the light of improvements in working conditions, technological changes and taking into account the principle of gender equality. Please provide information on any measures taken regarding this matter.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee noted in its previous comments the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion or opinion. The Committee is bound to reiterate its request for information on the practical application of this provision. Please also supply information on the activities of the National Human Rights Commission, established in 2000, with the aim to monitor and evaluate the implementation of legal provisions and international conventions related to human rights, with regard to the principle of the Convention.

2. The Committee notes with interest the enactment of the 2001 Employment Promotion Act, whose objective, according to section 1, is "to create the legal framework for employment promotion activities as well as employment offices and to regulate the relations on their implementation". It notes that section 4.2.1 states that the implementation of the employment promotion policy shall follow "the principle of non-discrimination of citizens involved in employment promotion activities by nationality, ethnic origin, language, race, age, sex, financial status, education, social origin and status, religion, political opinions". In this regard, it notes that the National Employment Promotion Programme, which will be implemented in two stages from 2002 to 2010, does not contain any objective on the elimination of discrimination or promotion of equality on the grounds prohibited in the national labour law, nor any gender-specific measures. The Committee asks the Government to provide information on the practical application of this provision, on the manner it intends to afford protection to non-Mongolian citizens in respect to non-discrimination in employment promotion activities and on the manner equality is to be promoted through the National Employment Promotion Programme.

3. Discrimination on grounds of sex. The Committee notes that section 101 of the 1999 Labour Code provides that "a list of work that women may not perform shall be approved by the Government official responsible for labour matters". It further notes the enactment of the Order of the Minister of Health and Social Welfare establishing a list of jobs prohibited for women and minors (No. A/204 of 1999). The Committee has requested the Office to translate the texts and will provide its comments on this list once it has received the translations.

4. With regard to the statistics provided by the Government in its report, the Committee notes that there is a proportionately higher percentage of females in school at all ages including at higher educational levels. It further notes the Government’s statement that "better female education could have potentially negative impacts for women’s social, intellectual and emotional relationship with men. In a context of worsening violence against women, particularly at the domestic level, falling fertility and rising education among young women may lead them to assert their autonomy and separateness from men in society where motherhood and marriage are still highly valued". The Committee is concerned that such stereotypes on the role of women may prejudice equality of opportunity and treatment in employment and occupation and training. Therefore, the Committee urges the Government to undertake a campaign of public education and awareness raising among the labour market actors and the general population on the importance of non-discrimination and equality between men and women. It also draws attention to the importance of the promotion of education for boys as well as girls to assist in the achievement of equal opportunity and treatment in employment and education. The Committee requests the Government to report on any measures it has taken to raise public education and awareness.

5. The Committee notes that the statistics regarding the labour market, supplied in the Government’s report, are not disaggregated by sex. Therefore, the Committee refers to data on the labour market provided previously and notes the concern of the UN Committee on the Elimination of Discrimination Against Women over "the high level of unemployment of women" and "that the high achievements levels of women in education are not reflected in their participation in national and local legislative bodies, and in decision-making posts in administration" (paragraphs 259 and 271, CEDAW 02/02/2001, A/56/38). The Committee urges the Government to take measures in order to enhance women’s participation in training programmes in non-traditional occupations, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations. The Committee asks once again the Government to provide information regarding any measures taken to promote women’s access to employment, occupations and training, including their access to non-traditional occupations and decision-making posts. Please also provide statistics on the labour market disaggregated by sex and levels of responsibility.

6. The Committee reiterates the point made in the previous comment regarding sections 100 to 106 of Chapter 7 of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single working fathers as well as to working mothers. The Committee pointed out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on equality in employment and occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee once again requests the Government to consider modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter 7 as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

7. Discrimination on the grounds of race, colour or national extraction. The Committee notes the information supplied in the Government’s report that 81.5 per cent of the total population belongs to the Khalkh group, 4.3 per cent to the Kazakhs and the rest are Durveds, Buriads, and Bayads. The Committee reiterates its request for information on any measures taken to ensure non-discrimination and to promote the principle of equality in employment and occupation in regard to the various minority ethnic groups in the country.

8. The Committee notes that the Government’s report contains no response to the previous comments regarding the Labour and Social Welfare Inspection Agency, which is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district level. Therefore, the Committee once again asks the Government to provide information on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. Please also provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

9. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention to promote the application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee noted in its previous comments the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion or opinion. The Committee is bound to reiterate its request for information on the practical application of this provision. Please also supply information on the activities of the National Human Rights Commission, established in 2000, with the aim to monitor and evaluate the implementation of legal provisions and international conventions related to human rights, with regard to the principle of the Convention.

2. The Committee notes with interest the enactment of the 2001 Employment Promotion Act, whose objective, according to section 1, is "to create the legal framework for employment promotion activities as well as employment offices and to regulate the relations on their implementation". It notes that section 4.2.1 states that the implementation of the employment promotion policy shall follow "the principle of non-discrimination of citizens involved in employment promotion activities by nationality, ethnic origin, language, race, age, sex, financial status, education, social origin and status, religion, political opinions". In this regard, it notes that the National Employment Promotion Programme, which will be implemented in two stages from 2002 to 2010, does not contain any objective on the elimination of discrimination or promotion of equality on the grounds prohibited in the national labour law, nor any gender-specific measures. The Committee asks the Government to provide information on the practical application of this provision, on the manner it intends to afford protection to non-Mongolian citizens in respect to non-discrimination in employment promotion activities and on the manner equality is to be promoted through the National Employment Promotion Programme.

3. Discrimination on grounds of sex. The Committee notes that section 101 of the 1999 Labour Code provides that "a list of work that women may not perform shall be approved by the Government official responsible for labour matters". It further notes the enactment of the Order of the Minister of Health and Social Welfare establishing a list of jobs prohibited for women and minors (No. A/204 of 1999). The Committee has requested the Office to translate the texts and will provide its comments on this list once it has received the translations.

4. With regard to the statistics provided by the Government in its report, the Committee notes that there is a proportionately higher percentage of females in school at all ages including at higher educational levels. It further notes the Government’s statement that "better female education could have potentially negative impacts for women’s social, intellectual and emotional relationship with men. In a context of worsening violence against women, particularly at the domestic level, falling fertility and rising education among young women may lead them to assert their autonomy and separateness from men in society where motherhood and marriage are still highly valued". The Committee is concerned that such stereotypes on the role of women may prejudice equality of opportunity and treatment in employment and occupation and training. Therefore, the Committee urges the Government to undertake a campaign of public education and awareness raising among the labour market actors and the general population on the importance of non-discrimination and equality between men and women. It also draws attention to the importance of the promotion of education for boys as well as girls to assist in the achievement of equal opportunity and treatment in employment and education. The Committee requests the Government to report on any measures it has taken to raise public education and awareness.

5. The Committee notes that the statistics regarding the labour market, supplied in the Government’s report, are not disaggregated by sex. Therefore, the Committee refers to data on the labour market provided previously and notes the concern of the UN Committee on the Elimination of Discrimination Against Women over "the high level of unemployment of women" and "that the high achievements levels of women in education are not reflected in their participation in national and local legislative bodies, and in decision-making posts in administration" (paragraphs 259 and 271, CEDAW 02/02/2001, A/56/38). The Committee urges the Government to take measures in order to enhance women’s participation in training programmes in non-traditional occupations, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations. The Committee asks once again the Government to provide information regarding any measures taken to promote women’s access to employment, occupations and training, including their access to non-traditional occupations and decision-making posts. Please also provide statistics on the labour market disaggregated by sex and levels of responsibility.

6. The Committee reiterates the point made in the previous comment regarding sections 100 to 106 of Chapter 7 of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single working fathers as well as to working mothers. The Committee pointed out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on equality in employment and occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee once again requests the Government to consider modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter 7 as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

7. Discrimination on the grounds of race, colour or national extraction. The Committee notes the information supplied in the Government’s report that 81.5 per cent of the total population belongs to the Khalkh group, 4.3 per cent to the Kazakhs and the rest are Durveds, Buriads, and Bayads. The Committee reiterates its request for information on any measures taken to ensure non-discrimination and to promote the principle of equality in employment and occupation in regard to the various minority ethnic groups in the country.

8. The Committee notes that the Government’s report contains no response to the previous comments regarding the Labour and Social Welfare Inspection Agency, which is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district level. Therefore, the Committee once again asks the Government to provide information on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. Please also provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

9. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention to promote the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2. Discrimination on the grounds of sex. The Committee notes that once again, the Government’s report contains no reply to its previous requests for information clarifying the statement in the Government’s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3. The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4. The Committee notes from the Government’s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women’s access to employment, including their access to non-traditional occupations.

5. Discrimination on the grounds of race, colour or national extraction. The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6. The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2. Discrimination on the grounds of sex. The Committee notes that once again, the Government’s report contains no reply to its previous requests for information clarifying the statement in the Government’s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3. The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4. The Committee notes from the Government’s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women’s access to employment, including their access to non-traditional occupations.

5. Discrimination on the grounds of race, colour or national extraction. The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6. The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2.  Discrimination on the grounds of sex.  The Committee notes that once again, the Government=s report contains no reply to its previous requests for information clarifying the statement in the Government=s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3.  The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women=s right to work outside the home without discrimination fully effective ... educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4.  The Committee notes from the Government=s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women=s access to employment, including their access to non-traditional occupations.

5.  Discrimination on the grounds of race, colour or national extraction.  The Committee notes from the Government=s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6.  The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information supplied by the Government in its report that, in particular, the Ministry of Health and Social Welfare is currently preparing a draft new Labour Code which will modify and amend the 1991 Code while maintaining the advantages which that Code provides in sections 79, 80, 82, 83 and 84. The Committee also notes that that Ministry is commencing the preparation of a bill on employment promotion which will encompass the definition of unemployed persons and determine types, forms and framework of employment-promoting measures.

2. The Committee requests the Government to inform it on the progress made in the adoption of these bills, bearing in mind its comments, made in its previous direct request, on section 83 of the present Code (special additional leave available to mothers which, unlike most of the other benefits, is not available to single fathers) and the Government's announcement that it would examine the matter during the amendment of the Act. The Committee would like to receive copies of these texts once they are adopted.

3. The Committee also noted in its previous direct request that while serious efforts are being made to ensure equality in access to education and training (65.5 per cent of all trainees are women) the sex of the workers is taken into account when training engineers and technical staff in such fields as geology, mining, fuel and energy. The Committee requests the Government to clarify this indication and to refer to paragraphs 97 and 98 of the above-mentioned 1988 General Survey where there is a discussion of occupational segregation based on traditional approaches to "female" versus "male" occupations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the information supplied in the Government's report in reply to its previous direct request concerning, in particular: the clarification that "colour" and "national extraction" are included as prohibited grounds of discrimination; that the list of employment banned for women covers jobs where the women's reproductive function might be at risk; that with the invalidation of former laws, the principle of non-discriminatory education and vocational training is being applied with, for example, many schools offering the possibility to study in Mongolian, Khazak or Tuva languages; that the right of appeal and due process apply in cases concerning Article 4 of the Convention; and that Article 5, paragraph 2 determinations of special measures to date cover only those set out in the new Labour Act for women, children and persons with disabilities for the purpose of protecting their health and to avoid harmful working conditions.

2. Discrimination on the ground of sex. The Committee had asked for information on measures taken or under consideration to promote equality of treatment between men and women in respect of special additional leave available to mothers under section 83 of the Labour Act which, unlike the case of many of the benefits of Chapter VII of that Act, is not available to single fathers as well. The Government replies that it plans to make changes to the Labour Act and the issue of covering single fathers will be studied at that time. The Committee, recalling paragraph 145 of its 1988 General Survey on Equality in Employment and Occupation, which encourages the granting to men as well of certain advantages afforded to women to raise or care for children, asks the Government to inform it in future reports of any proposed changes to the Labour Act which would reflect this aspect of promoting equality of treatment.

3. The Committee notes that while serious efforts are being made to ensure equality in access to education and training (65.5 per cent of all trainees are women), the report indicates that the sex of the workers is taken into account when training engineers and technical staff in such fields as geology, mining, fuel and energy. The Committee asks the Government to clarify this indication and refers it to paragraphs 97 and 98 of the above-mentioned 1988 General Survey where there is a discussion of occupational segregation based on traditional approaches to "female" v. "male" occupations.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that article 14 of the new Constitution contains a general ban on discrimination on the bases of, inter alia, ethnic origin, race, sex, social origin, religion and conviction (article 16(10) and (16) making it clear that freedom of political opinion exists), and that section 6 of the new Labour Act prohibits any direct or indirect discrimination in labour relations on the grounds of, inter alia, social status, race, sex, religious belief, political convictions and nationality. The Committee understands from the translation it has that the legislation does not appear to cover the grounds of "colour" or of "national extraction". It would be grateful if the Government would indicate whether this reading is correct. It recalls, in this connection, paragraph 58 of its 1988 General Survey on Equality in Employment and Opportunity where it emphasized that where general provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. Discrimination based on sex. The Committee notes that sections 77 (the Government is to adopt a list of jobs which women are prohibited from performing), 79(1) (ban on night shifts, overtime and business trips for women having children under one year of age and for single fathers) and 87 (ban on women carrying or moving loads of a weight exceeding the established standards to be adopted by the state authority responsible for labour matters) of the Labour Act might create obstacles to women's access to certain employment and might discriminate against them by applying more onerous conditions of work to their employment. Referring to paragraph 142 of its above-mentioned 1988 General Survey, the Committee requests the Government to supply in its next report a copy of the list of work banned for women and to indicate the jobs affected in practice by the ban on lifting certain weights, as well as to indicate any measures taken or under consideration to render section 79(1) more flexible.

The Committee also notes that section 83 of the Labour Act allows a woman worker, if she so wishes after the expiry of postnatal leave and annual leave, special additional leave until her baby reaches two years of age (or three in the case of twins). Noting that many of the other benefits under Chapter VIII of the Labour Act also apply to single fathers, and noting paragraph 145 of the above-mentioned 1988 General Survey which encourages the granting to men as well of certain advantages afforded to women workers to raise or care for children, the Committee requests the Government to provide information in its next report on the measures taken or under consideration to promote equality of treatment between men and women as regards this aspect of employment conditions.

3. Article 2. Noting the Government's statement that the new Labour Act's provisions ensure equality of opportunity and treatment without discrimination and have "secured results with regard to access to vocational training, as well as access to employment and to particular occupations", the Committee asks the Government to supply details and statistics in its next report on the practical results achieved in applying the national policy to promote equality of opportunity and treatment. In particular, the Committee would appreciate receiving an indication of any complaints dealt with under the enforcement procedures under the Act, as well as copies of any government statements or court rulings etc. relating to the implementation of this policy.

4. Articles 1, paragraph 3, and 3(b) and (f). The Committee notes the basic principles of education - including non-discrimination - laid down in section 3 of the new Education Act, and the right of citizens to be assisted in their search for employment set out in section 4. It asks the Government to supply in its next report details on programmes and activities in the fields of education, vocational training and assistance in accessing jobs, showing that they are designed and implemented without discrimination on the grounds prohibited by the Convention. In particular, the Committee would appreciate receiving information on the education and vocational training provided in their mother tongue to ethnic groups in the country in accordance with section 3(6).

The Committee also requests the Government to indicate whether the new Education Act rescinds Order No. 615/1975 concerning the certification of specialists in various sectors, and any orders made thereunder concerning the procedure for admission to higher educational establishments, which had been the subject of earlier queries by this Committee.

5. Article 4. The Committee asks the Government to confirm that, in the light of article 16(12) and (14) of the new Constitution (right to petition state authorities and right to use the judiciary with due process), any person against whom action has been taken on the grounds that he/she was actually involved in an activity prejudicial to the security of the State has the right to appeal in accordance with the Convention.

6. Article 5, paragraph 2. In the light of the new legislation, the Committee requests the Government to indicate whether any determinations have been made under this provision of the Convention, and, if so, to give particulars thereof.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest from the Government's report the following legislative changes: the entry into force on 14 February 1991 of the new Labour Act and on 1 August 1992 of the new Education Act which repeals Order No. 119 of 1974 approving the regulations on higher educational establishments, as well as the new Constitution of 17 January 1991.

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that article 14 of the new Constitution contains a general ban on discrimination on the bases of, inter alia, ethnic origin, race, sex, social origin, religion and conviction (article 16(10) and (16) making it clear that freedom of political opinion exists), and that section 6 of the new Labour Act prohibits any direct or indirect discrimination in labour relations on the grounds of, inter alia, social status, race, sex, religious belief, political convictions and nationality. The Committee understands from the translation it has that the legislation does not appear to cover the grounds of "colour" or of "national extraction". It would be grateful if the Government would indicate whether this reading is correct. It recalls, in this connection, paragraph 58 of its 1988 General Survey on Equality in Employment and Opportunity where it emphasized that where general provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. Discrimination based on sex. The Committee notes that sections 77 (the Government is to adopt a list of jobs which women are prohibited from performing), 79(1) (ban on night shifts, overtime and business trips for women having children under one year of age and for single fathers) and 87 (ban on women carrying or moving loads of a weight exceeding the established standards to be adopted by the state authority responsible for labour matters) of the Labour Act might create obstacles to women's access to certain employment and might discriminate against them by applying more onerous conditions of work to their employment. Referring to paragraph 142 of its above-mentioned 1988 General Survey, the Committee requests the Government to supply in its next report a copy of the list of work banned for women and to indicate the jobs affected in practice by the ban on lifting certain weights, as well as to indicate any measures taken or under consideration to render section 79(1) more flexible.

The Committee also notes that section 83 of the Labour Act allows a woman worker, if she so wishes after the expiry of postnatal leave and annual leave, special additional leave until her baby reaches two years of age (or three in the case of twins). Noting that many of the other benefits under Chapter VIII of the Labour Act also apply to single fathers, and noting paragraph 145 of the above-mentioned 1988 General Survey which encourages the granting to men as well of certain advantages afforded to women workers to raise or care for children, the Committee requests the Government to provide information in its next report on the measures taken or under consideration to promote equality of treatment between men and women as regards this aspect of employment conditions.

3. Article 2. Noting the Government's statement that the new Labour Act's provisions ensure equality of opportunity and treatment without discrimination and have "secured results with regard to access to vocational training, as well as access to employment and to particular occupations", the Committee asks the Government to supply details and statistics in its next report on the practical results achieved in applying the national policy to promote equality of opportunity and treatment. In particular, the Committee would appreciate receiving an indication of any complaints dealt with under the enforcement procedures under the Act, as well as copies of any government statements or court rulings etc. relating to the implementation of this policy.

4. Articles 1, paragraph 3, and 3(b) and (f). The Committee notes the basic principles of education - including non-discrimination - laid down in section 3 of the new Education Act, and the right of citizens to be assisted in their search for employment set out in section 4. It asks the Government to supply in its next report details on programmes and activities in the fields of education, vocational training and assistance in accessing jobs, showing that they are designed and implemented without discrimination on the grounds prohibited by the Convention. In particular, the Committee would appreciate receiving information on the education and vocational training provided in their mother tongue to ethnic groups in the country in accordance with section 3(6).

The Committee also requests the Government to indicate whether the new Education Act rescinds Order No. 615/1975 concerning the certification of specialists in various sectors, and any orders made thereunder concerning the procedure for admission to higher educational establishments, which had been the subject of earlier queries by this Committee.

5. Article 4. The Committee asks the Government to confirm that, in the light of article 16(12) and (14) of the new Constitution (right to petition state authorities and right to use the judiciary with due process), any person against whom action has been taken on the grounds that he/she was actually involved in an activity prejudicial to the security of the State has the right to appeal in accordance with the Convention.

6. Article 5, paragraph 2. In the light of the new legislation, the Committee requests the Government to indicate whether any determinations have been made under this provision of the Convention, and, if so, to give particulars thereof.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes from the Government's report that regulations on higher education are currently being revised. The Committee recalls that under the regulations on higher educational establishments, approved by Order No. 119 of 1974 of the Council of Ministers, one of the principal objectives of higher education is to educate students in the ideology of Marx, Lenin and the aims of socialism. Further, pursuant to the Model Regulations on the certification of specialists with higher and secondary specialised education (approved by Order No. 615 of 1975 of the Council of Ministers), the purpose of the first exam is to determine whether a candidate is faithful to the ideals of Marx-Leninism, to international proletarian ideals and to the ideals of the Mongolian People's Revolutionary Party.

The Committee is concerned that the above-mentioned regulations could have the effect of creating a preference, distinction or exclusion on the basis of political opinion, in access to institutions of learning or to particular occupations requiring higher or specialist education.

The Committee hopes the revised regulations will ensure that discrimination in access to higher educational institutions, employment or occupation will not occur on the basis of political opinion or on any of the other grounds set out in Article 1, paragraph 1(a), of the Convention. It requests the Government to supply a copy of the revised regulations upon their adoption and to supply copies of any other measures taken to ensure that the Convention is applied in respect of political opinion.

The Committee also requests the Government to supply copies of any provisions adopted by ministries and departments pursuant to Order No. 615/1975 concerning the certification of specialists in various sectors and to furnish a copy of the latest adopted text on the procedure for admission to higher educational establishments which, according to the Government's previous report, is approved annually by the State Committee on Science, Technology and Higher Education.

2. As the Government's report has still not replied to its previous comment, the Committee once again requests the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority; (ii) through legislation and educational programmes; (iii) in cooperation with employers' and workers' organisations and other appropriate bodies.

Recalling the Government's earlier reference to the provisions of sections 2, 12 and 78 of the Labour Code, the Committee would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report and in the documentation annexed thereto.

1. The Committee notes from the Regulations on higher educational establishments (approved by Order No. 119 of 1974 of the Council of Ministers of the Mongolian People's Republic) that, among other things, one of the principal objectives of institutions of higher education is to educate students in the ideology of Marx, Lenin and the aims of socialism.

The Committee further notes from the Model Regulations on the certification of specialists with higher and secondary specialised education (approved by Order No. 615 of 1975 of the Council of Ministers of the Mongolian People's Republic) that the first exam is to determine whether a candidate is faithful to the ideals of Marx-Leninism, to international proletarian ideals and to the ideals of the Mongolian People's Revolutionary Party.

The Committee requests the Government to indicate any measures taken or contemplated to ensure that the above provisions do not nullify or impair equality of opportunity and treatment regarding access to institutions of learning or to particular occupations requiring higher or specialist education, on the basis of political opinion.

The Committee also requests the Government to supply copies of any provisions adopted by ministries and departments pursuant to Order No. 615/1975 concerning the certification of specialists in various sectors and to furnish a copy of the latest adopted text on the procedure for admission to higher educational establishments which, according to the report, is approved annually by the State Committee on Science, Technology and Higher Education.

2. As the Government's report has not replied to its previous comment, the Committee once again requests the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in co-operation with employers' and workers' organisations and other appropriate bodies.

Recalling the Government's earlier reference to the provisions of sections 2, 12, and 78 of the Labour Code, the Committee would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In an earlier comment, the Committee requested the Government to supply copies of laws and regulations governing (a) higher education and (b) employment in the public service and in managerial, specialist and teaching positions in enterprises and organisations of industry, agriculture, transportation, communications and education, including any statutes on the procedures for (i) awarding education degrees and academic titles; (ii) filling positions in the various occupational fields mentioned; (iii) the periodic attestation of employees in these various fields.

The Committee notes the Government's indication in its report that it is unable to meet its request because it has no translation into the working languages of the ILO of the laws and regulations which interest the Committee. It again requests the Government to supply copies of laws and regulations governing the above-mentioned matters in their original language if there is no translation.

2. The Committee notes with interest that under section 4 of the People's Education Act, one of the basic principles of people's education in the Mongolian People's Republic is the equality of citizens in receiving education irrespective of sex, racial and national extraction, attitude to religion, social origin and status. It also notes that section 55 of the Act prescribes that the right to enter establishments of higher education is enjoyed by citizens of the Mongolian People's Republic who have a full secondary education, and that admission is governed by an order issued by the Ministry of National Education.

The Committee requests the Government to supply a copy of the ministerial order concerned.

3. The Committee earlier asked the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.

The Committee notes the Government's reference to the provisions of sections 2, 12, and 78 of the Labour Code. However, it would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.