Topics of NGO submissions

NGO Forum Joint Submission on the Status of Human Rights in Mongolia

Mining, Environment, and Human RightsRight to Elect and to be Elected July 1st and Human Rights Food Security, Sovereignty, and Human Rights Migrants’ and Refugees’ Rights Human Trafficking and Human RightsMinorities’ Rights Rights of Persons with Disabilities

Issues coveredConstitutional and Legislative Framework on Human

Rights

National Human Rights Institutions and Policy Measures

Poverty and the Right to DevelopmentRight to Adequate Standard of Living (Environment,

Water, Food)Administration of Justice, including Impunity and the

Rule of LawFreedom of Expression, Peaceful Assembly and

Association and the Right to Participate in Public and Political Life

Migration and Human TraffickingMinorities (LGBT, Ethnic Minorities, Persons with

Disabilities)

Constitutional and Legislative Framework on Human RightsReluctant to fully incorporate the concepts and

principles of human rights treaties into national lawsNeed for timely submission of periodic reports on the

implementation of human rights treatiesRight to food, the right to equal suffrage and non-

discrimination based on ethnicity, sexual orientation and medical conditions are not guaranteed by the Constitution

The Constitutional Court does not act upon violation of individual rights. It does not have authority to review decisions of the Supreme Court

Inadequate implementation of legislationsInconsistency of existing laws with human rights

standardsLack of laws essential for human rights protection

National Human Rights Institutions and Policy MeasuresThe Law on the National Human Rights Commission

(NHRC) not in conformity with the Paris Principles. Selection and appointment of the NHRC members are politically motivated

The National Action Programme on Human Rights (NAPHR) does not have much effect due to insufficient implementation and lack of use of its oversight mechanisms

The National Program for the Protection of Women and Children from Human Trafficking and Sexual Exploitation lacks effectiveness and does not have sufficient funds

No economic or social programmes and services to assist internal migrants from rural areas in adapting to urban life and in accessing education, health and social benefits

Lack of programs to provide assistance to migrants voluntarily returning from overseas and for those deported back to Mongolia

Poverty and the Right to DevelopmentHigh poverty rate, high level of unemployment,

increased number of working poor among employed people and increased number of homeless, working children and female-headed households

The minimum wage is not sufficient to cover the most basic needs of the poor

Lack of human-centred approach and the lack of participation of especially poor people in the design and implementation of development projects and programmes

Information related to development are not always available in the Mongolian language and not readily accessible

Administration of Justice, including Impunity and the Rule of Law

Lack of the independence of judiciaryThe police often fails to implement the provision

to notify members of a detainee’s family or his/her lawyers within 24 hours of the detention or allow the detainee to make contact

Legal provisions that entitle a suspect or a defendant to legal assistance are not properly implemented, and interrogations are conducted in advocates’ absence

Use of threat and force by police officers on detainees during the July 1st event

Freedom of Expression, Assembly and Association and the Right to Participate in Public and Political life

Lack of a legal environment conducive to the development, sustainable and independent activities of civil society organizations

No legal provisions to allow public interest litigationLack of transparency in election and political party

financing as well as restrictions in independent monitoring of voter registration and election process

Low representation of women and ethnic minorities in the legislative branch. Ethnic minorities are underrepresented or are entirely absent from policymaking sphere

Internal migrants from rural to urban areas are not able to exercise their right to elect and to be elected

Migration and Human Trafficking

Access to descent housing and safe and adequate living conditions for internal migrants are not guaranteed due to lengthy and bureaucratic registration process of acquiring residency IDs

Children of internal migrants are unavailable to access to quality education

Court tends to depend on the Criminal Code provision which relates to crimes committed by inducing others to prostitution or organizing prostitution rather than using human trafficking related provisions

About 85 per cent of investigated cases on trafficking are dismissed by the prosecution due to insufficient evidence

No legislation for the protection of victims and witnesses of human trafficking as well as their rehabilitation programs

Minorities (LGBT, Ethnic Minorities, Persons with Disabilities)Discrimination and human rights abuses

against LGBT are prevalent in the public and private sectors

Ethnic minorities experience cultural, educational, linguistic, economic and political marginalization, especially for non-Mongolian speaking minorities

Loss of traditional nomadic lifestyle and source of livelihood

Stateless Kazakh individuals

Minorities (LGBT, Ethnic Minorities, Persons with Disabilities)Negative public attitude towards persons and

children with disabilities. No condition in place for children with disabilities to study in a regular school

Restricted access to medical services due to financial and physical obstacles

Persons with disabilities experience difficulties in accessing public services and buildings, including educational establishments and hospitals, and using public transportation

Reference materialsNGO submissionsFactsheets on NGO submissionsMapping table of official UPR documentationSuggested questions and recommendations

on Mongoliawww.upr-mongolia.mn

Thank you for your attention