Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee takes note of the Government’s first report. The Committee requests the Government to supply further information on the following points.

Article 3, clause (a), of the Convention. All forms of slavery or practices similar to slavery. 1. The sale and trafficking of children. The Committee notes that section 7(4) of the Law on the Protection of the Rights of the Child of 1996 prohibits the "displacement" and "illicit transfer" of a child under 18 years of age. It also observes that it is prohibited under section 111(1) of the Penal Code to enrol a person under the legal age in prostitution or send them abroad for the purpose of prostitution. It further notes that, by virtue of section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, employment abroad is prohibited for persons under the age of 18 years. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for sexual or labour exploitation constitute one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee requests the Government to provide a definition of the terms "displacement" and "illicit transfer" used in section 7(4) of the Law on the Protection of the Rights of the Child, and the term "legal age" used in the Penal Code. It also asks the Government to indicate whether section 7(4) of the Law on the Protection of the Rights of the Child and section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad prohibit the trafficking of children for labour exploitation. It further asks the Government to provide a copy of the Penal Code.

2. Debt bondage and serfdom. The Committee notes that section 7(4) of the Law on the Protection of the Rights of the Child provides that it is prohibited to kidnap or turn a child into a subject of mortgage.

3. Forced or compulsory labour. The Committee notes that, by virtue of article 16(4) of the Constitution and section 7(1) of the Labour Code, no one shall be forced to work. The Committee notes the Government’s indication that the Labour Code was amended in 2003 and the term "forced labour" defined. The Committee accordingly asks the Government to provide a copy of the Labour Code as amended in 2003.

4. Compulsory recruitment of children for use in armed conflict. The Committee notes that, by virtue of article 11(2) of the Constitution, the structure and organization of the armed forces and the rules applicable to military service shall be determined by law. The Committee notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.32, to be examined in May 2005, page 16), that by virtue of section 9(2) of the Law on Military Obligations and the Legal Status of Military Personnel, the minimum age for admission to compulsory military service is 18 years of age for men. The Committee asks the Government to provide a copy of the Law on Military Obligations and the Legal Status of Military Personnel.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 111(1) of the Criminal Code states that a person who organizes the permanent prostitution of others or involves persons under the legal age in permanent prostitution commits a crime. According to the Government’s report, more than 200 prostitutes in Ulaanbaatar are under 18 years of age; most girls are between 15 and 16 years of age. The Committee requests the Government to indicate if a person who occasionally uses, procures or offers a child under 18 years of age for prostitution commits an offence under national legislation.

2. Use, procuring or offering of a child, for the production of pornography or for pornographic performances. The Committee notes the Government’s indication that, by virtue of sections 122 and 123 of the Penal Code, it is an offence to press a child into pornography. It also notes that under section 13(6) of the Law on the Protection of the Rights of the Child, individuals, economic entities and organizations must "prevent the operation of production, sale and service harmful for children’s development and the dissemination of materials of negative impact on children and activities advocating violence and prostitution". The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a girl or a boy under 18 for the production of pornography or for pornographic performances, is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour shall be taken as a matter of urgency. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances.

Clause (c). Use, procuring or offering of a child for illicit activities. 1. The use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes that section 7(4) of the Law on the Protection of the Rights of the Child provides that "it is prohibited to attract a child under 18 years of age into crimes, violence, gambling, drinking, smoking, narcotics and other psychotropic substances […]". Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end.

2. Causing or allowing children to be used for begging or other illicit profit-making activities. The Committee notes that section 7(6) of the Law on the Protection of the Rights of the Child further states that it is prohibited to use a child under 18 years of age for begging or other illicit profit-making activities. The Committee requests the Government to provide information on the practical application of the abovementioned provision.

Clause (d). 1. Hazardous work. The Committee observes that, by virtue of sections 109(4), and 141(1)(6), of the Labour Code, it is prohibited to employ a minor under 18 years of age in a job which would negatively affect his/her intellectual development and health. Section 110(3) of the Labour Code further states that no one shall employ a minor in a job under "abnormal or special working conditions". According to section 3(1)(10) of the Labour Code, the term "abnormal working conditions" refers to a workplace where working conditions are not in compliance with labour standards, but where their negative impact cannot be eliminated within the framework of labour safety and sanitary requirements. Section 110(4) of the Labour Code further provides that children shall not carry loads that exceed the weight limitation established by the government official responsible for labour matters. The Committee also observes that section 7(6) of the Law on the Protection of the Rights of the Child prohibits individuals, economic entities and organizations from employing children (under the age of 18 years) in work that is likely to harm their health and morals. Employers shall not pay unjust wages, or use children for begging or conducting illegal profit-making activities on their behalf. The Committee notes that, according to section 71(1) of the Labour Code, an employee aged 14 to 15 years shall not work more than 30 hours per week, and an employee aged 16 to 17 years shall not work more than 36 hours per week. A minor employee may not be required to perform overtime work, to work on holidays and weekends (section 110(2) of the Labour Code). The Committee also notes the Government’s indication that the Labour Code was amended in 2003 in order to provide that children engaged in the worst forms of child labour are considered to be children in extremely difficult conditions. It also states that a new provision was added under section 12 of the Labour Code to prohibit the employment of children in work which would "adversely be dangerous" to their health, morals and life. The Committee accordingly asks the Government to supply a copy of the Labour Code as amended in 2003.

2. Self-employed children. The Committee notes that, by virtue of sections 109(4), and 110(3), of the Labour Code, persons under 18 years of age shall not be employed on any work which would negatively affect their intellectual development and health, or under abnormal working conditions. However, the Committee observes that, by virtue of section 4 of the Labour Code, the scope of application of this Law is limited to persons who work for an employer under a contract of employment. The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Labour Code, neither do they benefit from the protection laid down in section 7(6) of the Law on the Protection of the Rights of the Child, according to which individuals, and economic entities shall not employ children under 18 years of age in work that is likely to be exploitative and harmful to their health and morals. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

3. Horse jockeys. The Committee notes that, according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.5), there is increasing criticism in the country about the denial of child rights in horse racing. According to the National Human Rights Commission, the purpose and scope of traditional horse racing had undergone considerable changes over the years and strongly deviate towards a moneymaking business. It is estimated that 40 to 50 celebrations occur each year, and on each occasion 2,000 children jockeys are engaged. The report indicates that 32 per cent of child jockeys were aged 6 to 9 years and 68 per cent were aged 10 to 16. It further states that horse racing causes potential risks to the life and health of very young children. As a matter of example, during the 2001 Naadam festival, 49 children were thrown off their horses and suffered light to serious injuries. One child was killed during the 1999 Naadam festival. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety.

Article 4, paragraph 1. Determination of hazardous work. The Committee observes that Order No. A/204 of 1999 provides for a list of 340 types of work that are prohibited to minors under 18 years of age. The following types of work shall not be performed by minors: (i) underground work, extraction and refining oil and exploitation of natural gas; (ii) prospecting work, such as all types of drilling, geological work, pulverizing, sorting of samples, crane operator, etc.; (iii) metal processing work; (iv) all types of work in the power engineering industry; (v) china production; (vi) certain work in the glass industry, such as the production of mirrors and hemming-cutting-polishing of glasses; (vii) building, concrete mixing, fire-brick production, clay mixing, wood boiling, roof laying or cement production; (viii) manual and machine linotype, operator of printing machines, glue preparation, rubber production, tin burning, foil pressing, varnishing and bronzing in the printing industry; (ix) wool washing, textile and carpet manufacturing; (x) certain types of work in the clothing industry, leather and shoe industry; (xi) bakery, confectionery, meat processing industry, salt processing in the food industry; (xii) combine-operator and tractor driver, operator of hay-stackers and mowing machines, processing seeds and grains with chemicals, breeding and milking of animals with infection and cutting off their wool and hair, and pesticide using; (xiii) certain tasks in the railway industry, road transportation, air transportation or underwater transportation; (xiv) work in institutions providing treatment and care for patients with mental disorders, handicapped children and patients with infections.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken in this regard.

Paragraph 3. Periodic review of the list of the types of hazardous work. The Committee notes the Government’s indication that the list will be reviewed according to the findings of surveys or studies on child labour. The Committee accordingly asks the Government to indicate whether such surveys or studies have been made, and to supply a copy of them.

Article 5. Monitoring mechanisms. The Committee notes that section 139 of the Labour Code provides that the State Ikh Khural, the Government and governors at all levels, and authorized organizations in charge of labour matters are responsible for monitoring the enforcement of labour legislation. The Committee further observes that, by virtue of section 23(1) of the Law on the Protection of the Rights of the Child, the Government and governors and other legally authorized organizations and officials are responsible for monitoring the implementation of the law and regulations protecting the rights of the child. The Committee requests the Government to provide information on the concrete measures taken by the Government and governors and other legally authorized organizations and officials to monitor the implementation of the provisions giving effect to the Convention and the results observed.

The Committee also notes that, according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 3.1), the corruption of officials is a common attitude. It indicates that 55 per cent of lawyers and 73 per cent of citizens believe that the police, prosecutors and magistrate receive bribes. The Committee considers that the effective implementation of the provisions giving effect to the Convention is unlikely to happen when corruption is widespread. It accordingly requests the Government to indicate the measures taken or envisaged to reduce and gradually eliminate corruption in the country so as to enable the organizations and officials concerned to effectively monitor the implementation of the provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Development and Protection of Children. The Committee notes that an eight-year National Programme of Action for the Development and Protection of Children was launched in 2002 by the Government. The objectives of the programme are to build a legal environment to protect the rights of the child in the country, to provide good quality education and work, and improve the livelihood of children. The Committee notes, that between 2002 and 2004, the targets are: (i) amendment of the legislation to ensure the protection of children; (ii) establishment of monitoring mechanisms (such as a subcommission on child rights under the National Human Rights Commission, and an ombudsman for children); (iii) establishment of a database on the reported violations of child rights; and (iv) quality education and training for children. The Committee observes that the first phase of the programme does not focus on the elimination of the worst forms of child labour. The Committee reminds the Government that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate, as a priority, the worst forms of child labour. The Committee accordingly hopes that the second phase of the National Programme of Action for the Development and Protection of Children will focus on the elimination of the worst forms of child labour.

2. Memorandum of Understanding with ILO/IPEC. The Committee notes the Government’s indication that an ILO/IPEC programme was launched in 1999. It aimed at building the capacity of governmental organizations and agencies to deal with child labour issues and raise public awareness. The first stage of the programme ended in 2001 and was, according to the Government, successful in raising awareness and strengthening the capacity of governmental agencies on child labour issues. The second phase of the programme started in 2002 when the Government and ILO/IPEC signed a Memorandum of Understanding. The Government indicates that the programme has resulted in the launching of activities, training and advocacy on child labour within governmental institutions. It also states that a survey on child labour was conducted in the three largest cities of the country and ten provinces among small and medium-sized enterprises and in informal businesses. The Committee asks the Government to provide further information on the concrete measures taken pursuant to the adoption of the Memorandum of Understanding between the Government and the ILO/IPEC to eliminate the worst forms of child labour as well as the results achieved. It also asks the Government to provide a copy of the statistical data available on the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes the Government’s indication that the Penal Code provides for penalties for anyone who pushes a child into begging (section 115), forces a child to work (section 121), procures children into prostitution or for the production of pornography (sections 122 and 123). The Committee also observes that according to information available at the Office, section 111 of the Penal Code states that a person who organizes the permanent prostitution of other persons or implicates a person below legal age in permanent prostitution is liable to five years’ imprisonment and a fine of 50,000 to 100,000 tughriks. According to information available at the Office, a group of organized persons who enrol persons under the legal age in prostitution or send them abroad for the purpose of prostitution is liable to imprisonment for three to eight years (section 111(1) of the Penal Code). According to sections 25(5) of the Law on the Protection of the Rights of the Child, a person who uses a child for begging or employs a child in work that is harmful for his/her health is liable to a fine of 10,000 to 20,000 tughriks. Section 141(1)(6) of the Labour Code states that an employer who forces a minor to perform work that is prohibited, or to lift or carry loads exceeding the prescribed limits, or forces an employee under 18 years of age to work in places harmful to his/her mental development or health or under abnormal or special conditions shall be liable to a fine of 15,000 to 30,000 tughriks. The Committee requests the Government to provide information on the practical application of the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to free basic education for children removed from the worst form of child labour; and (e) to take account of the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee observes that section 6(1) of the Law on the Protection of the Rights of the Child states that children under 18 years of age shall have the right to free education. The Committee notes the Government’s indication that over 60,000 children aged 8 to 15 years do not attend school, which represents 13 per cent of the age group. It also notes that according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.2), the country lack educational facilities. Thus, in 2000, there were 683 secondary schools with a capacity of 280,000 children but actually teaching 494,500 pupils. According to the National Human Rights Commission, school drop-outs remain a source of concern. It states that 13.5 per cent of school-age children have never enrolled or attended classes, 20 per cent of whom are from the countryside. It also indicates that there is an increasing tendency among herders to take out their children from schools due to the high need for labour at family farms. A survey conducted in four counties ("aimags") by the Social Development Centre with the assistance of ILO/IPEC shows that among 291 children working at home as herders, 53.8 per cent had run away from school and 8.3 per cent never attended school.

The Committee notes the Government’s indication that various measures are being taken under the National Programme on Quality Education and Training for Children to improve access to school, and the quality of education and to reduce school dropouts. For instance, action is being taken to open more pre-school buildings, recruit more pre-school teachers, build schools in rural areas and improve teachers’ skills. Other actions aim at providing clothes, stationery and food for children from low-income families and children in difficult situations. The Committee requests the Government to continue to provide information on the time-bound measures taken or envisaged to reduce school dropouts, and improve the availability of education facilities all over the country, particularly for children living in rural areas. It also asks the Government to provide information on the impact of the National Programme on Quality Education and Training for Children on improving the access to basic education of children who might otherwise more easily engage in the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee observes that, according to section 15 of the Law on the Protection of the Rights of the Child, children under 18 years of age involved in armed conflicts or prostitution, as well as neglected or poor children are considered to be children in especially difficult situations. These children in difficult situations are entitled to the following care, privileges and assistance: (i) assistance in obtaining education and vocational training; (ii) free medical services; and (iii) state allowance for families which adopt children in difficult circumstances. The Committee asks the Government to provide information on the practical application of the abovementioned provision.

Clause (d). Identifying and reaching out to children at special risk. 1. The trafficking of children. The Committee notes that, according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 3.1), reports on alleged cases of women and girls trafficked are common in the media. It also indicates that the Central Intelligence Service identified, in 2001, two commercial companies that were engaged in the trafficking of girls to Japan for prostitution. Girls are mostly trafficked to China (the main route of trafficking appears to be the cities of Erlian, Kohkhe khort and Beijing), Macao, Singapore, South Korea, Japan and Yugoslavia. The Committee notes the Government’s indication that it has been collaborating with ECPAT ("End Child Prostitution, Child Pornography and Trafficking of Children for Sexual Purposes") since 2002 to determine the direction of cooperation to eliminate the trafficking of children for sexual exploitation. The Committee asks the Government to provide information on the time-bound measures taken or envisaged, in cooperation with ECPAT, to ensure that children under 18 are not trafficked for sexual exploitation.

2. Street children. The Committee notes the Government’s indication that the non-governmental organization "Save the Children" establishes shelters for street children. It also provides assistance to children and families from vulnerable social groups. The Committee asks the Government to provide further information on the number of children targeted and the impact of the activities conducted by "Save the Children" to protect street children and children from vulnerable social groups from the worst forms of child labour.

3. Children working in mines. The Committee notes the Government’s indication that approximately 100 children under 18 years of age work permanently in Nalaikh mine. It also indicates that the number of children under 18 working in mines is high in urban or settlement areas. For instance, 40 children are working in old gold mines of Bugant and 20 per cent of the 100 persons working in Sujigtei Mountain mine in Bornuur Soum, Tuv are children. The Government further states that the number of children under 18 working in mines is likely to be underestimated. The Committee also notes that, according to the Report on Human Rights and Freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.1.), children are working in gold mines side-by-side with adults doing hard physical work such as soil removing, rock lump crushing, stone loading and unloading. The most dangerous part of the work is that these children are working in direct contact with highly toxic mercury. A study conducted with the assistance of the ILO/IPEC revealed that among 59 people working in gold mines, 17 were children aged 11 to 18. Out of these 17 children, eight suffered from chronic mercury infection, and seven had syndromes of nervous collapse. It further indicates that in Nalaikh mining city, 200 to 300 children are permanently employed in coal mines. The Committee asks the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 do not work in underground mines as stated in section 1 of Appendix 1 to Order No. A/204 of 1999 establishing the list of work prohibited to women and minors.

Paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that a Tripartite Coordinating Committee has been established to implement the Convention.

Article 8. 1. International cooperation. The Committee notes that Mongolia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2003, and signed the Protocol on the Involvement of Children in Armed Conflict in 2001. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, and universal education, in conformity with the requirements of the Convention.

2. Elimination of poverty. The Committee notes the Government’s indication that the National Programme of Action for the Development and Protection of Children was adopted in 2002, and shall last until 2010. The objectives are to build a legal environment that protects child rights and development. The Government further indicates that child labour policies shall be implemented in coherence with the draft Poverty Reduction Strategy Paper (PRSP). The Committee accordingly requests the Government to supply further information on the adoption and implementation of the PRSP and on any notable impact of the PRSP towards eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the absence of information in the Government’s report on this point. It accordingly asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in Mongolia, including any practical difficulties encountered in the application of the Convention, or any factors which may have prevented or delayed actions against the worst forms of child labour.

Part V. The Committee notes the Government’s indication that, according to a survey conducted in 2000 on the situation of child labour in the country, approximately 1 per cent of workers under 18 were engaged in work in mines, 3 per cent were collecting and selling used bottles and cans and 18 per cent were carrying loads. Out of these working children, 61 per cent were aged 10 to 15 years, 2 per cent were under 10 years old, and 42 per cent dropped out of school to work. The Committee asks the Government to continue to provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.