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

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

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.