COMMITTEE ON RIGHTS OF CHILD CONSIDERS REPORT OF MONGOLIA
The Committee on the Rights of the Child today considered the second periodic report of Mongolia on that country’s efforts to implement the provisions of the Convention on the Rights of the Child.
Introducing the report was Khasbazar Bekhbat, Permanent Representative of Mongolia to the United Nations Office at Geneva, on behalf of Chultem Ulaan, Vice Prime Minister of Mongolia, who said that over the past decade, the main destructive force against the well-being of children had emanated from poverty. Mongolia had been working consistently within the framework of the Mongolian Constitution on the adoption and implementation of domestic laws regarding provision of human rights and freedoms, especially the rights of the child. Among the main objectives of State’s Law on the Protection of the Rights of Children were to ensure the right of the child to special care; to provide social protection for children living in difficult circumstances; and to use international cooperation to create a healthy environment for children’s living conditions.
In preliminary remarks, Committee Expert Jacob Egbert Doek, who served as Co-Rapporteur for the report of Mongolia, said the Committee would use the day-long discussion to hand down its recommendations at the end of its session. Among the issues to be covered would be budgeting, the National Human Rights Commission, birth registration, corporal punishment and alternative care for children. Moreover, abuse and neglect would be addressed in the concluding observations, as would children with disabilities and other areas in health care, education and child labour.
Other Committee Experts contributed to the debate by raising questions pertaining to budget allocations for child issues; State-run institutions involved in child rights and protection; poverty alleviation schemes; juvenile justice; domestic violence; education and health; adoption; and child labour issues.
The Committee will release its formal, written concluding observations and recommendations towards the end of its three-week session which will conclude on 3 June.
The delegation of Mongolia was made up of representatives of the Office of the Prime Minister; the Office of the General Prosecutor; the Ministry of Finance; the Ministry of Foreign Affairs; the Ministry of Health; the Ministry of Education, Culture and Science; the Ministry of Social Protection and Labour; and the Department of the Police.
As one of the 192 States parties to the Convention, Mongolia is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Friday, 27 May, it is scheduled to take up the third periodic report of Nicaragua (CRC/C/125/Add.3).
Report of Mongolia
According to the second periodic report of Mongolia (CRC/C/65/Add.32), which covers the period from 1995 to 2000, Mongolia is among the countries with a young population, as children under 18 years account for 45 per cent of its total population. As a result of creating a unified system of education, implementing the objectives to provide secondary education to all and making adults literate, 97.8 per cent of the population is literate and 50,000 children annually receive their basic and secondary education. According to the census of 2000, 51 per cent of the population aged 15 years and above were employed. The Mongolian Government is pursuing a policy to implement the 20/20 initiative by mobilizing national domestic resources for children’s well-being. Many projects are being implemented in the country within the framework of about 20 specialized programmes on protection of children’s interests and health, provision of education, and development of their talents; the country has increased its allocations for children’s basic social services from year to year. Spending at least 20 per cent of the State budget revenues for the education of children and youth was enshrined in the law.
Although the Government has been implementing many projects in the social sector, poverty and unemployment are still critical issues, the report states. Substantial success has been reached during the course of implementation of the National Plan of Action on Child Development. From 1996 to 2000, additional measures and activities with aims for children were organized within the framework of the National Programme on Poverty Reduction. Nonetheless, rural and urban child poverty and difficult conditions still exist. Since the accession to the Convention in 1990, Mongolia has enhanced its national legislation in accordance with the spirit and ideals of the Convention. Among the measures taken towards the creation of favourable conditions for child survival, protection, development, education and well-being are: governmental responsibility for health insurance of children under 18 years; establishment of standards for pre-school, primary and secondary education with regard for international standards and national traditions; prevention and protection of children against any potential oppression, exploitation, humiliation or violence; care by the State for orphaned and physically or mentally disabled children; and support of children in adverse conditions.
The Law of Mongolia on Protection of Child Rights was adopted in 1996 by Parliament, the report states. The main goals of the law include to ensure the right of the child to special care; to protect families and create favourable environments for the child’s growth and development; and to create a legal environment for special protection of children. In the State party, domestic violence has become a serious social problem. For example, 77-95 per cent of the persons arrested from 1995 to 1998 under the administrative law were men, and nearly 50 per cent of them had violated family peace and order. Concerning the care of orphans, three centres are operating and taking care of some 500 children. The social welfare and protection services provided to children and families up to now have been aimed at recovery and rehabilitation, rather than at preventing children from getting into difficult circumstances, the report mentions. Moreover, crimes committed by teenagers while drunk tend to increase annually with gang crime comparatively high in local areas and 75.8 per cent of children involved in crime in 2000 from the local areas where the crimes were committed.
Presentation of Report
KHASBAZAR BEKHBAT, Permanent Representative of Mongolia to the United Nations Office at Geneva, on behalf of CHULTEM ULAAN, Vice Prime Minister of Mongolia, said Mongolia was traditionally a society where children were revered and given all the best privileges and immunities from among whatever the society had. This tradition was enshrined in all basic laws of the country and remained intact in most families. However, the transition of Mongolia to a market economy since the 1990s had been painful, especially for children. The successive governments of Mongolia always had the rights of the child at the centre of their social policy and as a priority in their action, both nationally and internationally. Mongolia was today a party to over 30 international conventions on human rights and freedoms, including the Convention on the Rights of the Child and its Optional Protocols and ILO Convention 182. Mongolia had been working consistently within the framework of the Mongolian Constitution on the adoption and implementation of domestic laws regarding provision of human rights and freedoms, especially the rights of the child. Among the main objectives of the State’s Law on the Protection of the Rights of Children were to ensure the right of the child to special care; to provide social protection for children living in difficult circumstances; and to use international cooperation to create a healthy environment of children’s living conditions.
According to the experience of Mongolia over the past decade, the main destructive force against the well-being of children emanated from poverty. Therefore, the Government of Mongolia had been working hard to alleviate poverty. The assistance of the international community had been instrumental in raising not only financial resources, but also awareness among the public of the need to pay serious attention to the well-being of children. Moreover, the values and traditions of a particular society had to be upheld and nourished; the efforts of the international community to protect the rights of the child worldwide had to be built on these factors which were always based on the principle - child first. The effective role of national and international non-governmental organizations had to be recognized and supported more intensively. In this regard, it was believed that the Mongolian National Human Rights Commission set up in 2000, in accordance with the Paris Principles, should play a major role in monitoring implementation of human rights, especially those of children as enshrined in the legislation of Mongolia and international conventions adhered to by Mongolia.
Discussion
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Mongolia, noted that Mongolia was a relatively young country given the fact that some 45 per cent of the population was under the age of 18. The transition period, political instability, and the country’s economy had been factors that contributed negatively to putting children’s issues as a top priority. Vast areas of land that were not arable and harsh winters were other factors working against children. It was estimated that about 36 per cent of the population lived below the poverty line and about one third of the entire population lived in the capital city Ulaanbaatar. Despite these negative factors, Mongolia had made very important steps in protecting the lives of children.
As for recent developments and actions taken by the State, Ms. Lee added, there was the establishment of the National Human Rights Commission in 2000, and most notable was that one of the three commissioners was responsible for the rights of the child; the revision of the Criminal Procedure Law in 2002 which introduced separate sections on offences committed by juveniles and on crimes against children; the adoption of the Law against Domestic Violence in 2004; the establishment of a National Council for Children (NCC) and National Authority for Children (NAC); and the holding of the National Assembly on Children in May 2004.
As regards to the general measures of implementation of the Convention, Ms. Lee asked about the involvement of non-governmental organizations and children in the preparation of the report, and whether there was an internal mechanism that coordinated all child-related policies and programmes with prioritized policies at regional levels. As to the allocation of the budget, information was sought on the State’s 20/20 initiative and the percentage of the national and local budgets spent for children and its impact. On the definition of the child, she asked for clarification on the minimum age of employment, in that it seemed to conflict with the end of compulsory education. Information was also requested on the disparity of accessible services for people living in remote areas, especially children.
JACOB EGBERT DOEK, the Committee Expert serving as Co-Rapporteur for the report of Mongolia, also commended the State party for the report as well as the written replies which were very informative and included ample statistical data. Detailed information on follow up to the Committee’s recommendations was also welcomed.
While noting that there was a decrease in the budget for education from 2003 to 2004, from 24 to 21 per cent, he asked what the reason for this reduction was. Mention was made of the Government’s intention to provide additional allowances for over 560,000 children in more than 150,000 families, as per the State’s 20/20 initiative. In that regard, information was sought on whether there were other targeted programmes to address the root causes of poverty. In terms of independent monitoring of the State’s implementation of the Convention, he asked for additional information on how children in Mongolia were informed about the National Human Rights Commission, especially given the vastness of the country and the existence of remote communities.
Several Experts requested additional information on the State’s budget allocated for children’s issues; in particular in the sectors of health and education. Information on disaggregated data was also sought in this regard. Another Expert asked whether there was a specific structure in Mongolia responsible for following up on the recommendations of the Committee. He also asked if there were structural measures to assist young herders who became street children, job creation programmes, or steps taken to assist families to set up small businesses.
Other questions raised by Experts pertained to child mortality rates; domestic violence; high rates of alcoholism; respecting the opinion of children, both in schools and in the justice system; the impact of corruption on the rights of the child; steps taken to establish an Ombudsman for Children; birth registration; corporal punishment; the State’s policy on migration from rural to urban areas; and the Government’s intention of ratifying the 1951 Convention on Refugees.
A number of Experts also asked for additional information on the State’s plans to alleviate poverty, given that nearly 40 per cent of the population were living in poverty, and its effect on children’s livelihoods.
Response by Delegation
With regard to questions raised on the allocation of the budget for children, the delegation noted that in 2004, 56.6 25 per cent of the GDP was allocated for social services. From 2003 onwards, the budget for such services was based more on a performance output rather than operational costs. Moreover, budget revenues were also centralized to the Government in the capital which was responsible for setting the budgets for both national and local programmes. Through the 20/20 initiative over 600,000 children and 275,000 families were to benefit from enhanced social services. In absolute figures, these families were receiving 36,000 Tugrik per year per this programme; the minimum wage in Mongolia was 40,000 per month and the average monthly income for a civil servant was 86,000.
As to health and education indicators, the delegation said a survey conducted in 2003 identified that the infant mortality rate was 30 out of 1,000 live births in Mongolia. Due to a high rate of migration to urban areas, health and education services were becoming increasingly difficult to provide. According to the law, health and education services were free of charge for all children up to the age of 18. Acute respiratory infection was a problem due to extreme weather conditions and was the main cause of mortality among both children and adults in Mongolia; 33 per cent of all deaths under five years were due to respiratory illnesses. The provision of health services in rural areas was especially challenging due to the remoteness and vastness of the country. There were 22 programmes related to child health and education approved by the Government. The Children’s National Committee considered these programmes and other related activities periodically.
In response to increasing migration to urban areas, the delegation said the Government was taking steps to provide housing for these persons, although the provisions being made were insufficient. The Government had set up a regional development policy aimed to centralize and re-locate rural populations in developed areas throughout the country. In response to a follow up question, the delegation stated that the Government had lifted a previous fee requirement in 2004 for registering to migrate into the capital city; in that year, some 40,000 people moved to Ulaanbaatar from rural areas.
Concerning the National Council for Children and the National Authority for Children, the delegation said these institutions were set up as a result of the law of 1996 on child rights. The National Council for Children involved non-governmental organizations in its work and sought to set the Government’s policy on child rights. It was also responsible for coordination of these policies and related programmes. Moreover, the National Council for Children was chaired by the Vice Prime Minster. The National Authority for Children was charged with reflecting the policy of the Government on child rights in public documents as well as in monitoring the follow up and implementing these programmes.
As to the question posed on the possibility of setting up an office of an Ombudsman for children, the delegation said it had been concluded that the best entity for the implementation of human rights in Mongolia was the National Commission on Human Rights; one of the Commissioners of the Ombudsman's office was devoted to children’s rights; the Commission, among other things, issued reports and recommendations based on its activities and observations. The Government, however, was giving consideration to the possibility of establishing an Ombudsman for Children and it had adopted a national strategy on children which aimed to revise the structure of institutions dealing with children. As a result, a forum was held involving the participation of children which made a proposal to set up a post of a child’s representative – “Child’s Friend” - who would represent children in the National Human Rights Commission.
As to the questions raised on poverty, the delegation noted that one of the biggest priorities of the Government was to create new jobs in order to raise family income levels. In 2002, the Law on Employment Promotion was approved under which an employment promotion fund was established thus allowing poor people to access funding to improve their possibilities of gaining employment. The poverty programme of the State also included social assistance measures.
Questions Raised by Experts
In a second round of questions the country Rapporteur asked if the State had envisaged taking steps to increase parental responsibility, in particular in single-parent households, and asked about aid provided to single parent families. She also asked for additional information on the assistance afforded to victims of domestic abuse, given the increase in alcohol abuse; the Law on the Protection of Child Rights; and access to education for disabled children. She noted that some 37 per cent of disabled children did not have access to education.
Turning to special protection measures, the Rapporteur asked the delegation to provide additional information on the State’s programmes to address the needs of street children and refugee children. It was noted that there was no adequate framework to deal with unaccompanied asylum seeking minors in Mongolia. Information was also sought on programmes targeting minorities, especially the Tsaatan group and their right to be taught in the Tuva language.
Other questions raised in the second round of questions related to child labour; policies to combat alcohol abuse among minors; child trafficking; the State’s education programmes for children with special needs and training for teachers on the rights of the child; discrimination in education; juvenile justice and conditions in detention centres for minors; registers on child mortality; vaccinations for children, given that only 60 per cent of the children in Mongolia had been vaccinated when they were due to be; and policies on adoption.
Response by Delegation
As to additional questions on health raised, the delegation noted that since 2001 Mongolia had established a number of child-specific health centres. Throughout the last decade the percentage of malnutrition among children had stabilized at around 12 per cent. The State had also implemented a child nutrition strategy and training for parents on child nutrition and child care had been ongoing. Since 2002, a number of pilot projects were initiated to enhance basic social services, including the provision of clean water and sanitation. Twice a year there was a vaccination campaign where street children were gathered in order to vaccinate them.
On the question of corruption, the delegation said Mongolia had a law on corruption adopted by the Parliament as well as a national programme to combat corruption. However, there was no monitoring structure for these crimes of corruption. In that regard, a draft law was being finalized in order to monitor such acts. Civilians played an important role in detecting this type of crime.
Concerning juvenile justice, the delegation said a new law on criminal procedure law was adopted by the Government, which incorporated UNICEF’s opinions on juvenile justice. Under the law persons aged 16 and above were treated as an adult. As per the law, first-time child offenders under 16 were returned to their families after receiving a warning. However, repeat child offenders were sent to prison. The most serious offenders, for example murderers, could be sentenced to up to ten years in prison. The minimum age to which a child could be sentenced for a crime was 15. Moreover, pre-trial detention for children under 18 was no more than three months; during this detention, these minors were separated from adult detainees.
As to crimes of domestic violence against children, the delegation referred to the law on domestic violence of 2004 which entered into force in January this year and which dealt with such crimes. Moreover, a working group was established with a view to creating a child-friendly juvenile justice system, to which UNICEF was contributing input, to address such acts. Pilot projects had also been implemented in six districts on domestic violence. In response to a follow up question, the delegation noted there were very few cases of sexual abuse in Mongolia. Domestic violence cases were duly treated as priority cases as a result of the new law. A police hotline was also operating 24 hours a day seven days a week to address such complaints.
On the question of street children, the delegation said in the past four years the number of street children had decreased two-fold as a result of State programmes. The Government encouraged policies to provide support to families. In the past year, 210 street children were returned to their homes.
In response to a question on human trafficking, the delegation said the new Criminal Code, enacted in 2002, incorporated crimes of human trafficking. To date, no such cases of this kind had been brought before the courts.
Regarding questions on education, the delegation noted that education in Mongolia was free. As to the education reform, in 2004 the teaching standard was approved by the Government and the Ministry of Education, Culture and Science was carrying out a national study aimed to create a programme to improve activities on and safeguard the rights of children at schools. Nine modules were created to improve teacher training and to create favourable conditions at school. The Government had also been carrying out a programme for school drop outs.
On parental responsibility, the delegation said the Government amended the law on Child Rights in 2003 to strengthen parental responsibility. Support to single parent families was provided by the Government through credit access, among other things. Since 1999, social workers had been providing assistance and advisory services to parents in this regard.
As to child adoption, the delegation noted that the law on the family regulated issues pertaining to adoption with the main goal of implementing The Hague Convention on Inter-Country Adoption. Within the last three years about 100 children were adopted internationally as per a regulation approved in 2002. The Government also provided support to families who adopted these children. In recent years, the rate of adoption increased by fifty per cent in Mongolia.
Concerning the participation of children in society, the delegation said the participation of children had been given special priority by society as a whole in Mongolia. Children also held annual forums in Mongolia where they were able to express their views. Last year, the Parliament also held a meeting with children on children in conflict with the law.
On questions related to child labour, the delegation said Mongolia joined ILO Conventions 182 and 138 in 2000 and 2002 respectively. The Government had set up a project on the implementation of these Conventions which dealt with the worst forms of child labour. A monitoring mechanism was also established by employee unions, non-governmental organizations and Government entities. Studies showed that children were mostly employed in gold mines and the agricultural sector. Moreover, 70 per cent of working children were enrolled in non-formal education. A new programme was being implemented through the ILO on the prohibition of the worst forms of child labour. Child labourers had also established their own union. The law stated that children from the age of 14 could work for up to 30 hours a week on a contractual basis; however, in practice the vast majority of children attending school did not work. Those who did mostly attended night school or received special vocational training. It was not believed that this regulation interfered with the compulsory education of child workers. According to a periodic survey, of children aged between 5 and 18, some 68,500 were involved in some form of work either in the formal or informal sector.
On the issue of child horse jockeys, the delegation said according to the law the minimum age by which a child could race horses in sporting events was seven years of age. In that regard, special insurance schemes were provided for and guidelines were set for horse owners and trainers.
As to questions raised on alcohol abuse, the delegation said the Government had approved the alcohol prevention national programme by which media campaigns, among other things, were carried out. The legal age by which a person could purchase alcohol was 21. Moreover, a recent law was enacted to prohibit the sale of alcohol after midnight.
As to the 1951 Convention on Refugees, the delegation noted that the Government of Mongolia had established a task force to study the possibility of becoming a State party to the Convention and its protocols. UNHCR had also been operating in Mongolia.
Preliminary Remarks
YANGHEE LEE, the Committee Expert serving as Rapporteur for the report of Mongolia, said today’s dialogue was fruitful and aided in the understanding of the situation of children in Mongolia. She also expressed hope that the newly-elected President would further the Government’s work in the area of child rights.
JACOB EGBERT DOEK, the Committee Expert serving as Co-Rapporteur for the report of Mongolia, said the Committee would use the day-long discussion to hand down its recommendations at the end of its session. Among the issues to be covered would be budgeting, the National Human Rights Commission, birth registration, corporal punishment and alternative care for children. Moreover, abuse and neglect would be addressed in the concluding observations, as would children with disabilities and other areas in health care, education and child labour.
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