Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(1) of the Convention. Prohibited Grounds of Discrimination. The Committee notes that the draft Labour Law, currently under elaboration, extends the set of prohibited grounds of discrimination, and includes origin, descent, race, age, gender, appearance, disability, social origin, social and marital status, pregnancy, family responsibility, HIV/AIDS, sexual orientation, wealth, religion and opinion. The Committee notes, however, that the ground of colour is not covered and that the draft Labour Law only refers to opinion and not political opinion. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee requests the Government to confirm that “opinion” covers “political opinion” and to take the necessary measures to ensure that the draft Labour Law prohibits discrimination on the basis of at least all of the grounds provided for in Article 1(1)(a) of the Convention, including colour and political opinion.

Sex discrimination. Retirement age. In its previous direct request, the Committee referred to section 4 of the Law on Pensions and Benefits which provides for different retirement ages for men and women, and the possible discriminatory effect of the provision. The Committee notes that the draft Labour Law provides that the employer can terminate the employment contract when the employee, male or female, reaches 60 years of age. The Committee requests the Government to ensure that the Law on Pensions and Benefits is brought into conformity with the new Labour Law, once it is adopted in order to ensure that the working life of women is not shortened in a discriminatory manner.

Sexual harassment. The Committee recalls that the Law on Promotion of Gender Equality (LPGE) prohibits sexual harassment. The Committee notes that the draft Labour Law also contains provisions addressing sexual harassment, including a definition covering both quid pro quo and hostile environment sexual harassment, and provides for prevention measures and awareness-raising activities, as well as remedies and sanctions. The Committee requests the Government to provide information on the practical application of the provisions in the LPGE concerning sexual harassment, including any specific measures adopted by employers pursuant to section 11.4 of the LPGE. The Committee also requests the Government to provide information on any measures taken in cooperation with workers’ and employers’ organizations to raise public awareness on sexual harassment in the workplace.

Equality of opportunity and treatment between men and women. The Committee notes the Government’s strategy to implement the LPGE, including the first phase (2012 to 2013), focusing on capacity-building measures, and the second phase (2014 to 2016), focusing on the integration of gender equality concepts in action plans and the development of local partnerships. The Committee notes from the information provided by the Government that the proportion of women in public sector leadership positions has fallen short of the quotas set forth in section 10 of the LPGE, specifically in the capital, soum, and national levels. The Government also indicates that the share of decision making and management positions occupied by women is very low. Regarding women’s access to credit, the Committee notes that the Government considers it impossible to collect sex-disaggregated data on the impact of the Small and Medium Enterprises Development Fund because it provides long term concessionary loans for small and medium-sized enterprises without gender considerations. Regarding access to vocational training, the Government indicates that women are consistently outnumbered by men in vocational training (women representing only 45 per cent of the students in each academic year from 2010 to 2013) and that boys aged 15 to 19 represent a predominant share of students enrolled in vocational training. The Committee requests the Government to provide information on the following:

• (i) Any measures taken to achieve the quotas established in sections 7.2.2 and 10 of the LPGE concerning the participation of women in leadership positions as well as measures taken to promote women’s participation in a wide range of occupations and vocational training courses, including those that have been traditionally dominated by men.
• (ii) The results achieved as a result of the implementation of the measures adopted in the framework of the strategy to implement the LPGE.
• (iii) Any development in the compilation of a comprehensive set of gender statistics, as well as any measures to collect sex-disaggregated data on the beneficiaries of Government-provided loans.
• (iv) Any additional measures taken to combat the tendency for boys to drop out of school early.

Discrimination on the basis of political opinion. Regarding the common practice of dismissing civil servants on the ground of political opinion, particularly after general and local elections, the Committee previously noted the Government’s indication that the revised Law on State Employment prohibits discrimination based on political ideology, party affiliation and affiliation to a public organization. The Committee notes that the Government is unable to provide the requested data on cases of termination due to political opinion. The Committee requests the Government to provide information on the concrete measures adopted for the effective protection of civil servants against discrimination based on political opinion, including reference to any complaints submitted in this respect.

Measures to promote equality irrespective of race, colour or national extraction. Tsaatans. The Committee notes that starting in June 2013, the Government began a programme providing Tsaatans living in the taiga with a monthly subsidy equal to a minimum living standard for each adult and 50 per cent of the same minimum living standard for each child. The Committee requests the Government to provide information on the results achieved by the subsidy programme, as well as on any other measures undertaken to improve the livelihood of the Tsaatans.

Supervision and enforcement. The Committee notes that the draft Labour Law contains provisions on remedies and sanctions. The Committee further notes the Government’s indication that information on complaints is unavailable due both to the lack of awareness among employees regarding complaint mechanisms and the lack of an integrated database to keep track of such complaints. The Committee notes the Government’s indication that the Ministry of Labour plans to compile an integrated database on labour relations in the near future. The Committee requests the Government to undertake measures to raise employee awareness of existing complaint mechanisms, and to provide information on any progress made in this regard. The Committee also requests the Government to ensure that in creating an integrated labour relations database, it includes information on the number and nature of complaints filed with the Labour Dispute Settlement Commission pursuant to section 7.2 of the Labour Law, and with the National Human Rights Commission pursuant to section 23.1 of the LPGE, indicating the remedies provided and sanctions imposed. The Committee also requests the Government to provide information on any changes made to the Criminal Code regarding penalties for discriminatory acts, including how such changes will practically apply to situations in the workplace.