Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1 of the Convention. Section 7(2) of the Labour Code. Application in practice. The Committee notes the information provided by the Government on the review of the implementation of the Labour Code undertaken in 2003, which covered at least 20 per cent of all state and private sector workplaces. The Committee notes the Government’s indication that the review also examined whether discrimination on the basis of age or sex was occurring, and by doing so alerted the managers to the obligation to comply with the non-discrimination principle. The Committee asks the Government to indicate whether the review undertaken in 2003 and labour inspections carried out subsequently have revealed any cases of discrimination contrary to section 7(2) of the Labour Code. The Committee also requests the Government to state whether the courts have dealt with any cases involving discrimination and to provide information on their outcome, including the remedies provided and sanctions imposed.

2. The Committee notes with interest the work done by the National Human Rights Commission, particularly as set out in its 2004 report which contains a chapter specifically dealing with employment discrimination. It requests the Government to continue to provide information on the Commission’s activities in this area, including the number of complaints concerning discrimination received by the Commission, as well as information on any action taken by the Government to implement the Commission’s recommendations concerning non-discrimination in employment.

3. Discrimination on the basis of political opinion. The Committee also notes that the National Human Rights Commission reported in 2004 that the dismissal of public servants on the basis of political affiliation was frequent after general and local elections. In this regard, the Committee recalls that political opinions may in certain limited circumstances constitute a bona fide qualification for certain senior administrative posts. However, it is essential that this not be carried beyond certain limits, as such practices may then come into conflict with the Convention’s provisions calling for the pursuance of a policy designed to eliminate discrimination on the basis of, inter alia, political opinion (see the 1996 Special Survey on equality of opportunity and treatment, paragraph 122). The Committee is concerned about the information provided by the National Human Rights Commission and requests the Government to provide detailed information in its next report on the measures taken to end dismissals from the civil service that are discriminatory on the basis of political opinion. The Committee also requests the Government to provide information on the number of complaints made by dismissed civil servants and the outcome of such proceedings.

4. Article 2. Measures to promote equality of opportunity and treatment between men and women. The Committee thanks the Government for providing detailed information on the various measures taken to promote gender equality. It particularly notes the National Programme on Gender Equality of December 2002 and that a number of measures were taken to raise the awareness of labour market actors and the population in general of the importance of non-discrimination and equality between men and women. The Committee notes with interest that some of these activities are conducted on a regular basis and address men and their roles and responsibilities within the family. The Committee requests the Government:

(a)   to continue to provide information on the specific measures taken or envisaged to implement in practice the principle of gender equality in employment and occupation;

(b)   to continue to provide information on the progress made in ensuring equal access of women to high-level and management positions; and

(c)   to provide statistical information indicating the distribution of men and women in training and employment in the various occupations and sectors of the economy, as well as gender-disaggregated employment and unemployment rates.

5. Recalling its previous comments concerning Chapter 7 of the Labour Code which extends certain job protections, including restrictions on overtime work, business travel and childcare leave to working mothers as well as single fathers, the Committee notes with interest that section 106 concerning childcare leave has been amended in 2003 and that this provision now provides for men and women to take childcare leave on an equal basis. However, the Committee notes that sections 100-103 continue to assume that the burden of family responsibilities would be shouldered solely by working mothers, and not also by working fathers (unless the mother is not present). The Committee requests the Government to continue to review these provisions with a view to revising them to ensure that all working fathers may avail themselves of the protection afforded under Chapter 7, when necessary and appropriate, to promote equality in employment of both men and women.

6. Measures to promote equality of opportunity and treatment irrespective of race, colour or national extraction. With reference to its previous comments concerning discrimination based on ethnicity, the Committee notes the information provided by the Government on the various legal provisions providing protection from discrimination based on ethnic origin. The Government also stated that the courts and other competent authorities received no complaints regarding employment discrimination based on ethnic origin. The Committee recalls that the absence of complaints does not necessarily mean that discrimination does not occur in practice, nor does it release the Government from its obligation to pursue a national policy to promote equality in employment and occupation of persons from all ethnic groups. The Committee requests the Government to continue to provide information on any measures taken or envisaged in this regard. Please indicate whether any assessment of the employment situation of ethnic minorities has been made and provide any related statistical information.

7. Article 5. Special protective measures. Exclusion of women from certain occupations. The Committee notes Order No. A/204 of 1999, establishing the list of occupations considered hazardous, from which women and minors are prohibited. The Committee noted that the list of occupations prohibited for women is very extensive, and recalls that special protective measures should be regularly reviewed in order to avoid limitations to women’s equal access to employment and occupation contrary to the principle of equality of opportunity and treatment, as set out in the Convention. It, therefore, hopes that the Government will take the necessary measures to review, in cooperation with the social partners, whether it is still necessary to exclude women from such a wide range of occupations, in the light of improvements in working conditions, technological changes and taking into account the principle of gender equality. Please provide information on any measures taken regarding this matter.