Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Articles 1 and 2 of the Convention. The Committee notes the Government’s indication that the draft amendments to the Labour Law of 1999 have been prepared, with a view to ensuring clearer terminology and effective coordination among the parties in employment relations. The Committee asks the Government to provide information on the progress made with regard to the draft amendments to the Labour Law. The Committee also asks the Government to provide information on the practical application of the Labour Law, including the number and nature of complaints lodged pursuant to section 7.2 of the Law, including the remedies provided and sanctions imposed.

Article 1(1)(a). Sex discrimination. Retirement age. The Committee notes that section 4 of the Law on Pensions and Benefits provided by the Fund of Social Insurance of 1994 provides for different ages between men and women for eligibility for retirement pension. Men are eligible for retirement pension on attainment of 60 years of age, while women are eligible for retirement pension on attainment of 55 years of age, when they are not subject to any special early retirement rules (section 4(1)). The Committee also notes the Government’s indication that in the education sector, which has the highest number of women, it is common for employers to force teachers to leave their employment when they reach the retirement age. The Committee asks the Government to indicate any measures taken or envisaged to avoid shortening the working life of women in a discriminatory manner in applying the provisions of the social security legislation.

Equality of opportunity and treatment between women and men. The Committee notes section 10.1.1 and 10.1.2 of the Law on the Promotion of Gender Equality, which provides for a quota for men and women in public sector employment, and in the state secretary and state agency director positions. Section 7.2.2 of the Law also provides for a quota for men or women at decision-making levels as one of the special measures which may be included in the state policy. The Government indicates that 6.6 per cent of government officials and 26.5 per cent of directors of departments and divisions of ministries were women after the parliamentary election in 2008. The Committee notes the Government’s indication that in 2011, which was set as the “employment promotion year”, the Government planned to create 51,700 jobs in mineral, energy, road, construction and agriculture sectors. With reference to section 9.2 of the Law on the Promotion of Gender Equality, which ensures equal access of men and women to credit and other economic wealth and resources, the Committee also notes that the Government has implemented various activities including supporting small firms in light food industries to create more jobs for women, assisting family businesses and self-employment, and providing unsecured loans for small- and medium-sized manufacturers. The Committee further notes the Government’s indication that in order to intensify female employment in the highest paid occupations, including miner, mining mechanic, repairer, driller, geologist, electric engineer and heavy machine operator, the Government is training workers to cover 83.3 per cent of the overall occupations which require skilled workers, and implements programmes on vocational and industrial training. In 2010, a total of 18,000 persons participated in vocational training, out of which 60.2 per cent were women, and a total of 52,900 persons used employment promotion services, out of which 53 per cent were women. The Committee notes, however, the Government’s acknowledgement that gender discrimination in labour relations still exists despite the implementation of employment promotion activities. The Government’s report does not contain any updated information in reply to the Committee’s previous comments concerning difficulties men face including pressure to drop out of school and start earning. The Committee therefore asks the Government to provide information on the following:

• (i) the impact of the quota established in sections 7, 10.1.1 and 10.1.2 of the Law on the Promotion of Gender Equality on providing women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;
• (ii) the impact of the various activities implemented including credit loans for small- and medium-sized manufacturers, with a view to ensuring that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and
• (iii) any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Sexual harassment. The Committee notes that the Law on the Promotion of Gender Equality includes sexual harassment as a form of gender discrimination that is prohibited (sections 4.1.7, 6.1 and 6.2), and that section 11.4 of the Law provides for an obligation of employers to take various measures to prevent and keep the workplace free from sexual harassment, and to maintain zero tolerance to such harassment. The Committee asks the Government to indicate how it is ensured that the definition of sexual harassment under section 4.1.7 of the Law on the Promotion of Gender Equality sufficiently includes both quid pro quo and hostile environment sexual harassment. It also asks the Government to provide information on the practical application of sections 6.2 and 11.4 of the Law, including the number of sexual harassment complaints lodged with the courts and the National Human Rights Commission, as well as the remedies provided and sanctions imposed. The Committee also asks the Government to provide information on the measures taken or envisaged to raise awareness on sexual harassment at the workplace both in the public and private sectors.

Discrimination on the basis of political opinion. The Committee notes the Government’s indication that according to the amendments made to the Law on State Employment, discrimination based on several grounds, including ideology and affiliation to a party or public organization shall be prohibited when holding civil servant positions. The Committee asks the Government to provide information on the practical application of the revised Law on State Employment, including the number, nature and outcome of complaints made on the basis of political opinion.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that from 2008 to 2010, the Government spent 231 million Mongolian tugrugs on funding the national programme “Improvement of the livelihood of the Tsaatan”, aimed at supporting employment and improving the living environment of the Tsaatans through improving reindeer farming standards. The Government also indicates that it had provided handcraft and tailoring training to 54 families of the Tsaatans. The Committee asks the Government to continue to provide information on the implementation of the programme on reindeer husbandry and the improvement of livelihoods of the Tsaatans or reindeer herders for 2008–15, and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.