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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Mongolia (Ratification: 1969)

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.