Minimum Age Convention, 1973 (No. 138) - Mongolia (Ratification: 2002)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Article 3(1) and (2) of the Convention. Hazardous work and determination of types of hazardous work. The Committee takes note with interest of the adoption of the list of hazardous jobs prohibited for minors under the age of 18, adopted by Annex to Order of the Minister of Labour and Social Protection No. A/122 of 10 June 2022. It observes that the list contains both conditions of work prohibited to minors (e.g. work that exposes children to coercion or force, to moral hazards, violence or toxic substances), as well as the types of prohibited jobs by sector (agriculture; livestock production; hunting; forestry; fishing; mining; construction; manufacture; water and waste management; home and health care services; cleaning services; trade and commerce; and entertainment). The Committee requests that the Government provide information on the application in practice of the Order containing the list of hazardous types of work prohibited to children under the age of 18 years, including statistics on the number and nature of violations reported and penalties imposed.

Article 9(1). Penalties. The Committee notes that, according to section 165.1 of the revised Labour Law of 2021, a person or legal entity responsible for violating regulations set by this Law shall be liable under the Criminal Code and the Law on Violations. The Committee requests the Government to indicate which provisions of the Criminal Code and of the Law on Violations contain the penalties imposed in case of violation of the provisions of the revised Labour Law pertaining to the employment of minors (in particular sections 142 and 143), and to provide information on the application in practice of these provisions, including the number and nature of violations reported and penalties imposed.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the Government’s information on the implementation of the National Programme for the Development and Protection of Children for 2017–21, communicated in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182). Achievements include the adoption of a decree pursuant to which enterprises are implementing child-friendly policies, such as day care options or parents’ councils, and several training initiatives on child labour either aimed at empowering children and parents or benefiting labour or state inspectors and crime prevention officials. The Committee also takes note of the Government’s information that, in 2019, it expanded the coverage of the “Child Money Programme”, which contributes to income poverty reduction. In 2021, the programme covered a total of 1.2 million children.

The Committee notes that, in the framework of the EU-funded ILO Trade for Decent Work (T4DW) project, both a qualitative (2022) and a quantitative (2021–22) studies on child labour were conducted. According to these studies, 207,951 children aged 5–17 years were engaged in economic activities, representing approximately 24.3 per cent of the total population of children of this age. Of these children, 138,500 (16 per cent of all children) were found to be in situations of child labour: 78,268 were aged 5 to 12 years; 2,049 were aged 13–14 years and working 14 hours or more per week; and 58,183 were in hazardous work. The quantitative study reveals that children in child labour are mostly found in the agricultural sector and rural areas fetching water and gathering firewood. The qualitative study reveals that parents of children in hazardous work are often not aware of the conditions in which their children are found working, and that the most common hazards reported include exhaustion, heavy lifting, extreme temperatures, and injuries. The Committee therefore encourages the Government to redouble its efforts, in collaboration with the social partners, for the elimination of child labour in all sectors, and requests it to provide information on the progress made in this regard and the results achieved. The Committee also requests the Government to continue providing updated information on the nature, extent and trends of child labour in the country, especially in the agricultural sector.

Article 2(1). Scope of application. Informal economy. Regarding the Committee’s previous request that the Government modify its draft Labour Law to ensure that the protections provided are extended to children working outside of an employment relationship, the Committee notes with interest that the scope of application of the revised Labour Law of 2021 has been extended to employment relations beyond the formal economy. The revised Labour Law provides that all workers in the formal and informal economy, job seekers and trainees at work including self-employed, herders, members of a partnership or a cooperative, apprentice and interns shall enjoy the basic rights set out in section 5.1, which includes the prohibition of child labour and elimination of the worst forms of child labour. It further provides that a state labour inspector is obliged to supervise and ensure compliance with labour law provisions on the employment of minors (section 162.3.1), while guaranteeing labour inspectors’ power to freely access enterprises, organizations and workplaces that are subject to inspection without prior notice (section 162.2.1) and supervise the employment conditions of employees in the formal and informal economy (section 162.2.7).

The Committee further notes the Government’s information that, following the adoption of the revised Labour Law, public awareness-raising and training of relevant civil servants, including child protection and labour inspectors, employers and trade union representatives were conducted with the support of the ILO, benefiting 1,092 officials in 2021. The Committee also takes note of the information provided by the Government in its report under Convention No. 182 regarding the inspections carried out by inspection and investigation agencies. It notes in particular that, from May to November 2022, joint inspections organized for early identification and prevention revealed 14 children found engaging in child labour, who then received child protection services. The Committee requests the Government to continue its efforts to strengthen the labour inspection services to enable them to effectively monitor and detect cases of child labour, including children working on their own account or in the informal economy, including in agriculture. It also requests the Government to continue providing information on the number and nature of violations found related to child labour, including in the informal economy.

Article 2(3). Age of completion of compulsory schooling. Following its previous comments, the Committee notes the Government’s indication that the revised Labour Law has not established a link between the minimum age for admission to employment and the age of completion of compulsory schooling. While section 142.1 of the revised Labour Law sets the minimum age for employment at 15, in line with Mongolia’s specified minimum age for work and employment, the Law on Education, 2002, provides that the age of completion of compulsory basic education is 16 years (section 46.2.3). On the other hand, the Law on Primary and Secondary Education, 2002, sets the length of compulsory education at nine years, starting from the age of six (sections 7.2 and 12.4). This would make education compulsory up to the age of 15 years. The Committee once again recalls that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower than the age of completion of compulsory schooling. The Committee requests the Government to take measures to ensure that the age of completion of compulsory schooling is harmonized throughout its national legislation. If the age for completion of compulsory schooling retained is higher than 15 years, the Committee requests the Government to raise the minimum age for admission to employment or work accordingly.

Article 7(1) and (3). Light work and determination of light work activities. Following its previous comments, the Committee notes with satisfaction that the revised Labour Law regulates light work by permitting children aged 13 and above to engage in light work with the consent of their legal representatives, and provided that such work does not negatively affect the child’s health, growth and development or hinder their education (section 142.3). Moreover, pursuant to section 142.4 of the revised Labour Law, the Ministry of Labour and Social Protection has defined the types and conditions of light work permissible for children aged 13 years or above by Order of the Minister for Labour and Social Protection No. A/123 dated 10 June 2022, with the support of the ILO T4DW project.

Article 8. Artistic performances. The Committee notes with satisfaction that the revised Labour Law provides that a person under the age of 15 years may only be employed in artistic performances, sports and advertisements with an individual permit issued by a child rights inspector and based on the written consent of the child’s legal representatives (parents, guardian), hours of work and other conditions of employment (section 142.5). Moreover, new amendments to the Law on Child Protection provide that a child’s participation in cultural and sports events, artistic performances and sports competitions must be in circumstances where the child’s growth, development, health and moral development are not negatively affected (section 9.1); and require measures to not interrupt the child’s schooling and address any learning gaps resulted from such participation (section 9.2).

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes with satisfaction that section 142.6 of the revised Labour Law requires an employer to keep a register of employees under the age of 18 years by recording their parent’s names, and their first name, date of birth, assigned duties, expected duration of employment and conditions of work; and to notify respective local government bodies in charge of labour issues and labour inspection within 10 days from the date of establishing such employment relationship.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the outcomes of the National Programme for the Elimination of the Worst Forms of Child Labour 2011–16 (the NAP–WFCL) indicated by the Government, including 694 cases of child labour identified, and the organization of training and awareness-raising events. It further noted that child labour rose from 7 per cent in 2002–03 to 16 per cent in 2011, according to the Understanding Children’s Work (UCW) project. The Committee requested the Government to continue its efforts to ensure the progressive abolition of child labour.

The Government indicates in its report that the National Programme for the Development and Protection of Children was adopted by resolution No. 270 of 20 September 2017. This programme, which will be implemented for the 2017–21 period, includes measures to eliminate child labour. The Government states that the Implementation Schedule for the National Programme for the Development and Protection of Children for 2018–19 was approved in 2018 by the Minister of Labour and Social Protection, the Minister of Education, Culture, Science and Sport, and the Minister of Health.

The Committee notes that, according to the 17th Status Report on Human Rights and Freedoms in Mongolia, issued in 2018 by the National Human Rights Commission of Mongolia, the Government expanded the child helpline service by resolution No. 55 of 2016, as an official service centre under the Authority for Family, Child and Youth Development. The Committee notes that the Deputy Minister of Labour and Social Protection indicated in its opening statement for the 75th Session of the United Nations Committee on the Rights of the Child (CRC) on 25 May 2017 that the child helpline is a 24-hour call centre free of charge, with four channels. The centre receives 15,000 calls per month and provides necessary information and advice related to child protection and contributes to monitoring the receipt and processing of complaints by children.The Committee encourages the Government to pursue its efforts towards the progressive elimination of child labour and to provide information on the measures taken in this regard, including on the implementation of the National Programme for the Development and Protection of Children and on the impact of the child helpline service.

Article 2(1). Scope of application. Informal economy. In its previous comments, the Committee noted that the Labour Law excluded work performed outside the framework of a labour contract and self-employment from its scope of application. It noted that the definition provided in the new draft Labour Law did not cover work performed outside the framework of an employer/employee relationship or in the informal economy and requested the Government to modify its draft Labour Law to ensure that the protections provided are extended to children working outside of an employment relationship.

The Committee notes the Government’s indication that a parliamentary working group on the Labour Law revision has been appointed by the Parliament, in order to suggest proposals and conclusions prior to the discussion in the Parliament. The Government states that the working group is preparing proposals in order to provide legal protection to all workers, including children, in the Labour Law. The Committee notes that, according to the ILO’s information collected in the framework of the project on “Sustaining Generalised Scheme of Preferences-Plus (GSP+) Status by strengthened national capacities to improve International Labour Standards compliance and Reporting-Mongolia Phase 2 (GSP+3)”, the draft Labour Law extends labour protection to all cases where employment relations exist, regardless of the existence of an employment contract. It also notes that, according to the ILO’s information, the draft revised Labour Law will be discussed during the spring session of parliament, as of 5 April 2019.The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Law does not fail to take into account the Committee’s comments, thus ensuring that all children working outside of an employment relationship, such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. It requests the Government to provide a copy of the new law, once adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted the contradictory provisions in various national laws which regulate the minimum age for admission to employment and the age of completion of education. It noted the Government’s indication that its legislation provides for nine years of compulsory schooling starting from the age of 6. The Government indicated that the draft Labour Law provides for the prohibition of employment to “(1) children less than 15 years of age and (2) those who have reached that age but who have not finished compulsory education”. The Committee accordingly requested the Government to take the necessary measures to ensure that a provision linking the minimum age for admission to employment to the age of completion of compulsory schooling is included in the draft Labour Law.

The Committee notes the Government’s statement that the draft Labour Law is under review and that a parliamentary working group on the Labour Law revision has been appointed.The Committee expresses the firm hope that the revision of the Labour Law will include a provision linking the minimum age for admission to employment to the age of completion of compulsory schooling.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously noted the Government’s indication that the legislation concerning light work is included in the draft Labour Law which provides for regulations that will determine light work and hours and conditions in which minors may be employed. It urged the Government to take the necessary measures to ensure that a provision regulating light work is adopted in the near future.

The Committee notes the Government’s indication that, in the framework of the revision of the Labour Law, light work which may be carried out by children will be regulated for the first time. The Committee notes that, according to the Final Narrative Report of the project GSP+3, the draft revised Labour Law allows children of 13 years of age and above to perform light work that has adequate occupational safety and health conditions with the permission of their legal representatives. The Committee recalls that, under Article 7(1)of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years of age in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational training or training programmes approved by the competent authority or their capacity to benefit from the instruction received.The Committee expects the Government to take the necessary measures without delay to regulate light work and determine the types of light work activities that may be undertaken by children of 13 years of age and above, within the framework of the Labour Law review process. It requests the Government to provide a copy of the list of the types of light work permitted for children, once it has been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that there is no law or policy limiting age and work hours for children working in artistic performances yet. It requested the Government to take the necessary measures to establish a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

The Committee notes the Government’s statement that, in the framework of the revision of the Labour Law, regulations for granting permits, limiting the number of hours during which, and prescribing the conditions in which children under the age of 15 are allowed to work in activities such as artistic performances, will be established.The Committee expresses the firm hope that the revision of the Labour Law will ensure the establishment of a system of individual permits to be granted for children under 15 years of age who work in activities such as artistic performances, in compliance with Article 8 of the Convention. It requests the Government to provide information in this respect.

Article 9(1). Penalties. The Committee previously noted that a draft of the revised version of the Criminal Code, which includes a criminal offence provision for persons employing children in the worst forms of child labour, was being reviewed by the Parliament. It requested the Government to take the necessary measures to ensure that the draft Criminal Code establishes sufficiently effective and dissuasive penalties.

The Committee notes the absence of information on this point in the Government’s report. It notes the Government’s indication, in its report to the CRC, that a new Chapter “Crime against children” was added in the Criminal Code of 2015 (which entered into force on 1 July 2017), defining as a crime the intentional engagement of a child to conduct work that is physically and mentally harmful to him/her. The Committee notes that, pursuant to section 16.10 of the Criminal Code, this crime is punishable by a fine, community work, restriction of movements or imprisonment of six months to one year.The Committee requests the Government to provide information on the application of section 16.10 of the Criminal Code in practice, including information on the number of violations reported, the nature of the offences, and the penalties imposed.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that the national legislation does not contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. It noted that the draft regulations to the Labour Law prescribes that an employer must keep a record of “minor employees”, and requested the Government to ensure that the regulations will require employers to keep a register containing the name and age (or date of birth) of all persons under the age of 18 years whom they employ.

The Committee notes the Government’s indication that section 93.7 of the draft Labour Law requires the employer to keep a register of all children employed by him/her, including their name, date of birth, the work period and the conditions of work, and to inform, within ten days of the start of employment, the relevant state body responsible for labour and labour supervision. The Government further indicates that the draft Penalties Act has been amended in line with the draft revised Labour Law to impose penalties on employers who do not keep registers of children employed.The Committee expresses the firm hope that the draft Labour Law will be adopted without further delay, so as to be in line with Article 9(3) of the Convention, and requests the Government to send a copy of the Law once it has been adopted. It also requests the Government to indicate the penalties applicable to employers who fail to comply with the keeping of registers of children whom they employ and to provide information on the adoption of the draft Penalties Act.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. In this regard, the Committee welcomes the ILO project financed by the European Union to support the Generalised Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting Mongolia.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted the outcomes of the National Programme for the Elimination of the Worst Forms of Child Labour 2011–16 (the NAP–WFCL) indicated by the Government, including 694 cases of child labour identified, and the organization of training and awareness-raising events. It further noted that child labour rose from 7 per cent in 2002–03 to 16 per cent in 2011, according to the Understanding Children’s Work (UCW) project. The Committee requested the Government to continue its efforts to ensure the progressive abolition of child labour.

The Government indicates in its report that the National Programme for the Development and Protection of Children was adopted by resolution No. 270 of 20 September 2017. This programme, which will be implemented for the 2017–21 period, includes measures to eliminate child labour. The Government states that the Implementation Schedule for the National Programme for the Development and Protection of Children for 2018–19 was approved in 2018 by the Minister of Labour and Social Protection, the Minister of Education, Culture, Science and Sport, and the Minister of Health.

The Committee notes that, according to the 17th Status Report on Human Rights and Freedoms in Mongolia, issued in 2018 by the National Human Rights Commission of Mongolia, the Government expanded the child helpline service by resolution No. 55 of 2016, as an official service centre under the Authority for Family, Child and Youth Development. The Committee notes that the Deputy Minister of Labour and Social Protection indicated in its opening statement for the 75th Session of the United Nations Committee on the Rights of the Child (CRC) on 25 May 2017 that the child helpline is a 24-hour call centre free of charge, with four channels. The centre receives 15,000 calls per month and provides necessary information and advice related to child protection and contributes to monitoring the receipt and processing of complaints by children. The Committee encourages the Government to pursue its efforts towards the progressive elimination of child labour and to provide information on the measures taken in this regard, including on the implementation of the National Programme for the Development and Protection of Children and on the impact of the child helpline service.

Article 2(1). Scope of application. Informal economy. In its previous comments, the Committee noted that the Labour Law excluded work performed outside the framework of a labour contract and self-employment from its scope of application. It noted that the definition provided in the new draft Labour Law did not cover work performed outside the framework of an employer/employee relationship or in the informal economy and requested the Government to modify its draft Labour Law to ensure that the protections provided are extended to children working outside of an employment relationship.

The Committee notes the Government’s indication that a parliamentary working group on the Labour Law revision has been appointed by the Parliament, in order to suggest proposals and conclusions prior to the discussion in the Parliament. The Government states that the working group is preparing proposals in order to provide legal protection to all workers, including children, in the Labour Law. The Committee notes that, according to the ILO’s information collected in the framework of the project on “Sustaining Generalised Scheme of Preferences-Plus (GSP+) Status by strengthened national capacities to improve International Labour Standards compliance and Reporting-Mongolia Phase 2 (GSP+3)”, the draft Labour Law extends labour protection to all cases where employment relations exist, regardless of the existence of an employment contract. It also notes that, according to the ILO’s information, the draft revised Labour Law will be discussed during the spring session of parliament, as of 5 April 2019. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Labour Law does not fail to take into account the Committee’s comments, thus ensuring that all children working outside of an employment relationship, such as children working on their own account or in the informal economy, benefit from the protection laid down by the Convention. It requests the Government to provide a copy of the new law, once adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted the contradictory provisions in various national laws which regulate the minimum age for admission to employment and the age of completion of education. It noted the Government’s indication that its legislation provides for nine years of compulsory schooling starting from the age of 6. The Government indicated that the draft Labour Law provides for the prohibition of employment to “(1) children less than 15 years of age and (2) those who have reached that age but who have not finished compulsory education”. The Committee accordingly requested the Government to take the necessary measures to ensure that a provision linking the minimum age for admission to employment to the age of completion of compulsory schooling is included in the draft Labour Law.

The Committee notes the Government’s statement that the draft Labour Law is under review and that a parliamentary working group on the Labour Law revision has been appointed. The Committee expresses the firm hope that the revision of the Labour Law will include a provision linking the minimum age for admission to employment to the age of completion of compulsory schooling.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously noted the Government’s indication that the legislation concerning light work is included in the draft Labour Law which provides for regulations that will determine light work and hours and conditions in which minors may be employed. It urged the Government to take the necessary measures to ensure that a provision regulating light work is adopted in the near future.

The Committee notes the Government’s indication that, in the framework of the revision of the Labour Law, light work which may be carried out by children will be regulated for the first time. The Committee notes that, according to the Final Narrative Report of the project GSP+3, the draft revised Labour Law allows children of 13 years of age and above to perform light work that has adequate occupational safety and health conditions with the permission of their legal representatives. The Committee recalls that, under Article 7(1) of the Convention, national laws or regulations may permit the employment or work of persons as from 13 years of age in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational training or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee expects the Government to take the necessary measures without delay to regulate light work and determine the types of light work activities that may be undertaken by children of 13 years of age and above, within the framework of the Labour Law review process. It requests the Government to provide a copy of the list of the types of light work permitted for children, once it has been adopted.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that there is no law or policy limiting age and work hours for children working in artistic performances yet. It requested the Government to take the necessary measures to establish a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

The Committee notes the Government’s statement that, in the framework of the revision of the Labour Law, regulations for granting permits, limiting the number of hours during which, and prescribing the conditions in which children under the age of 15 are allowed to work in activities such as artistic performances, will be established. The Committee expresses the firm hope that the revision of the Labour Law will ensure the establishment of a system of individual permits to be granted for children under 15 years of age who work in activities such as artistic performances, in compliance with Article 8 of the Convention. It requests the Government to provide information in this respect.

Article 9(1). Penalties. The Committee previously noted that a draft of the revised version of the Criminal Code, which includes a criminal offence provision for persons employing children in the worst forms of child labour, was being reviewed by the Parliament. It requested the Government to take the necessary measures to ensure that the draft Criminal Code establishes sufficiently effective and dissuasive penalties.

The Committee notes the absence of information on this point in the Government’s report. It notes the Government’s indication, in its report to the CRC, that a new Chapter “Crime against children” was added in the Criminal Code of 2015 (which entered into force on 1 July 2017), defining as a crime the intentional engagement of a child to conduct work that is physically and mentally harmful to him/her. The Committee notes that, pursuant to section 16.10 of the Criminal Code, this crime is punishable by a fine, community work, restriction of movements or imprisonment of six months to one year. The Committee requests the Government to provide information on the application of section 16.10 of the Criminal Code in practice, including information on the number of violations reported, the nature of the offences, and the penalties imposed.

Article 9(3). Keeping of registers. In its previous comments, the Committee noted that the national legislation does not contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. It noted that the draft regulations to the Labour Law prescribes that an employer must keep a record of “minor employees”, and requested the Government to ensure that the regulations will require employers to keep a register containing the name and age (or date of birth) of all persons under the age of 18 years whom they employ.

The Committee notes the Government’s indication that section 93.7 of the draft Labour Law requires the employer to keep a register of all children employed by him/her, including their name, date of birth, the work period and the conditions of work, and to inform, within ten days of the start of employment, the relevant state body responsible for labour and labour supervision. The Government further indicates that the draft Penalties Act has been amended in line with the draft revised Labour Law to impose penalties on employers who do not keep registers of children employed. The Committee expresses the firm hope that the draft Labour Law will be adopted without further delay, so as to be in line with Article 9(3) of the Convention, and requests the Government to send a copy of the Law once it has been adopted. It also requests the Government to indicate the penalties applicable to employers who fail to comply with the keeping of registers of children whom they employ and to provide information on the adoption of the draft Penalties Act.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. In this regard, the Committee welcomes the ILO project financed by the European Union to support the Generalised Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting Mongolia.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the adoption of the National Programme for the Elimination of the Worst Forms of Child Labour 2011–16 (the NAP-WFCL). It further noted the Government’s indications that the amendment process concerning child labour has begun in respect of both the Labour Code, as well as the Criminal Code.

The Committee notes the Government’s indication in its report that the National Committee on the Elimination of the Worst Forms of Child Labour has been established to implement the NAP-WFCL, comprised of specialists from different ministries and local officials, social partners and civil society organizations. The Government indicates however that the National Committee was inactive since 2011 due to the absence of donor support and limited resources allocated by the Government. It mentions that the National Committee was reactivated in 2015 with ILO–IPEC support under the Global Action Programme (GAP). The National Authority for Children (NAC) acts as the secretariat of the National Committee and also monitors the implementation of the NAP-WFCL. The Committee notes the outcomes of the NAP-WFCL indicated by the Government, including 694 cases of child labour identified, 141 cases of children who are vulnerable to child labour identified, 16 types of media coverage, four types of training, five types of events organized for the public and work with 25 government agencies, four non-governmental organizations, four business entities and five international organizations. The Government mentions that it has completed 32.5 per cent of the eight objectives of the NAP-WFCL which was evaluated unsatisfactory. The NAC sent a proposal to the Ministry of Labour to revise and improve the NAP-WFCL resulting in the adoption of Regulation A289/119. The Committee further notes the Government’s indications that the draft revised Labour Law was considered by the Cabinet on 2 June 2015 and submitted to the Parliament, which will consider it at its fall session (October 2015 to January 2016). The Committee finally notes the Government’s reference to the Understanding Children’s (UCW) Work programme’s report entitled: The twin challenges of child labour and education marginalisation in East and South-East Asia region (UCW report 2015), which shows that child employment rose from 7 per cent in 2002–03 to 16 per cent in 2011. Moreover, according to this report, child labour is predominant in the agriculture sector with 85 per cent of working children. Finally, 21 per cent of children aged 5 to 14 years old are in rural areas, opposed to 3 per cent in urban areas. The Committee requests the Government to continue its efforts to implement the NAP-WFCL 2011–16 in order to ensure the progressive abolition of child labour and to continue to provide information on the measures taken and results achieved in this regard. The Committee also requests the Government to take the necessary measures to accelerate its legislative amendment process and to supply a copy of such legislation once it has been finalized.

Article 2(1). Scope of application. Informal economy. In its previous comments, the Committee noted that the Labour Law excluded work performed outside the framework of a labour contract and self-employment from its scope of application. The Government indicated that it intended to revise the Labour Law to extend its scope of application.

The Committee notes the Government’s indication that the new draft Labour Law prescribes a definition of employment relationship that covers all workers, not only those in the formal sector as in the current law. However, the Government indicates that section 4.1.1 of the draft Labour Law provides that “employment relations means relations that arise upon mutual agreement between an employer and an employee under which the employee performs certain work for remuneration under the management of the employer”. The Committee notes that the definition provided in the new draft Labour Law does not cover work performed outside the framework of an employer/employee relationship or in the informal economy. The Committee therefore requests the Government to modify its draft Labour law so as to ensure that the protections provided are extended to children working outside of an employment relationship.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted the contradictory provisions in various national laws which regulate the minimum age for admission to employment and the age of completion of education.

The Committee notes the Government’s indication that its legislation provides for nine years of compulsory schooling starting from the age of 6. The Government indicates that, given that there is a possibility that a child starts working at the age of 15 years old instead of finishing school, the new draft Labour Law proposes a statutory minimum age for admission to employment that links with the age of compulsory schooling. The Government refers to section 92.1 of the draft Labour Law, according to which employment is prohibited to “(1) children less than 15 years of age and (2) those who have reached that age but who have not finished compulsory education”. The Committee accordingly requests the Government to take the necessary measures to ensure that a provision linking the minimum age for admission to employment to the age of completion of compulsory schooling is included in the draft Labour Law and to accelerate its adoption in the very near future.

Article 7(1) and (3). Light work and determination of light work activities. The Committee previously noted the Government’s indication that the legislation concerning light work is included in the draft Labour Code regulations under section 90.10, which stipulates that regulations will determine light work and hours and conditions in which minors may be employed.

The Committee notes the Government’s statement that there is no regulation on light work as yet. The Government indicates that, according to the NAC, light work refers to work that is not in the list of work prohibited to minors. It further mentions that the Ministry of Labour has also established a working group to work on this regulation. The Committee recalls that, under Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, light work may be undertaken for persons 13 to 15 years of age. The Committee urges the Government to take the necessary measures to ensure that a provision regulating light work is adopted in the near future.

Article 8. Artistic performances. The Committee previously noted that, under section 8.1 of the Law on the Protection of the Rights of the Child, a list of activities and performances which may adversely affect a child’s health will be developed and approved by governmental officials responsible for health issues.

The Committee notes the Government’s indication that there is no law or policy limiting age and work hours for children working in artistic performances yet. The Government mentions that the NAC has submitted recommendations under the NAP-WFCL to create regulations for children working in the circus. The Committee recalls that, Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore requests the Government to take the necessary measures in the near future to finalize its legislation establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1) and (3). Penalties and keeping of registers. In its previous comments, the Committee had noted that the legislation concerning penalties for breach of laws relating to children’s rights were ineffective. The Committee had also noted that the national legislation does not contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. The Committee noted the Government’s indication that a draft of the revised version of the Criminal Code, which includes a criminal offence provision for persons employing children in the worst forms of labour, has been submitted to the Parliament. The Committee also noted that section 90.9 of the draft regulations to the Labour Law prescribes that an employer must keep a record of “minor employees”.

The Committee notes the Government’s statement that employers are not yet required to register workers under the age of 18. The Committee also notes that the draft Criminal Code is currently being reviewed by the Parliament. The Committee therefore requests the Government to take the necessary measures to ensure that the draft Criminal Code establishes sufficiently effective and dissuasive penalties. It also requests the Government to ensure that section 90.9 of the draft regulations to the Labour Law will require employer to keep a register containing the names, age (or date of birth) of all persons under the age of 18 years whom they employ.

The Committee expresses the firm hope that the Government will take into consideration the Committee’s comments while finalizing its draft legislation. The Committee invites the Government to consider availing technical assistance from the ILO to bring its legislation into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate General for Trade of the European Commission to support the Generalised Scheme of Preferences (GSP+) beneficiary countries to effectively implement international labour standards targeting four countries and notably Mongolia.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee recalls its previous comments which had noted the National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10) as well as the Government’s indication that it would soon amend national legislation, including the Labour Code, in order to better address the problem of child labour.

The Committee notes the Government’s reference in its latest report to the 2012–16 National Action Plan which prioritizes, among others, the needs of children, as well as its reference to the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour. It further notes the Government’s indications that the amendment process concerning child labour has begun in respect of both the Labour Code, as well as the Criminal Code.

While taking due note of the Government’s recent efforts to implement national programmes to combat child labour, the Committee further notes the statistical data provided by the National Statistics Office on child labour in Mongolia from 2011 to 2012, which was cited in the Government’s report, according to which 93,968 (i.e., 15.9 per cent) of the survey respondents were engaged in various forms of economic activity, 10,398 (i.e., 11.1 per cent) of children were engaged in dangerous and hard jobs. The Committee further notes the 30 May 2013 report of the Special Rapporteur on extreme poverty and human rights, in its visit to Mongolia (A/HRC/23/36/Add.2, paragraphs 32–39), which noted the lack of sustainable investment in children’s rights, including lack of funding which prevented the implementation of many of the plans outlined in the NPA 2002–10, and urged the Government to establish the National Committee under the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour. The Committee therefore urges the Government to intensify its efforts to implement the national programmes and plans, such as the 2012–16 national action plan and by establishing the National Committee under the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour, to ensure the progressive abolition of child labour, in cooperation with the employers’ and workers’ organizations concerned. Furthermore, the Committee requests the Government to provide updated information concerning the legislative amendment process and to supply a copy of such legislation once it has been finalized.

Article 2(1) of the Convention. Scope of application. Informal economy. The Committee notes that the Government has provided no reply to its previous comment on this point, which had noted that the Labour Code, under section 4, appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. The Committee recalls the Government’s previous indication that it intended to revise the Labour Code to extend its scope of application in 2010. The Committee is therefore bound to once again strongly request the Government to strengthen its efforts to ensure that the protections provided under the Labour Code are extended to children working outside of an employment relationship in the very near future.

Article 2(3). Age of completion of compulsory schooling. In previous comments, the Committee had noted the contradictory provisions in various national laws which regulate the minimum age for admission to employment and the age of completion of education. While the Labour Code specifies 15 years as the minimum age to enter into a labour contract, the Government informed the Committee on the Rights of the Child (CRC) in its report of 9 June 2009, that education is mandatory until the age of 16 (CRC/C/MNG/3-4, paragraph 280). The Committee recalled that the minimum age for admission to employment (15 years) should not be lower than the age of completion of compulsory schooling under Article 2(3) of the Convention. Noting the absence of any reply or explanation on this point, the Committee again requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention. In addition, noting the observations of the Special Rapporteur concerning reports that 19 per cent of children in rural areas drop out of school before completing Year 8 (A/HRC/23/36/Add.2, paragraph 34), the Committee again asks the Government to provide information concerning measures taken on providing educational services to both working and drop-out children, as well as in increasing school attendance rates, in particular in the remote areas.

Article 7(1) and (3). Light work and determination of light work activities. The Committee notes the Government’s report, which indicates that the legislation concerning light work is included in the amended Labour Code regulations under section 90.10, which stipulates that regulations will determine easy jobs, hours and conditions in which minors may be employed. Recalling that, under Article 7(3) of the Convention, the competent authority shall prescribe the number of hours during which, and the conditions in which, light work may be undertaken for persons 13 to 15 years of age, the Committee requests the Government to communicate any regulation adopted pursuant to section 90.10 of the draft regulations in the near future.

Article 8. Artistic performances. The Committee recalls its previous comments which noted that, under section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health will be developed and approved by Governmental officials responsible for health issues. The Committee draws the Government’s attention, in this respect, to Article 8 of the Convention, which allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee accordingly requests the Government to take the necessary measures in the near future to finalize its legislation establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1) and (3). Penalties and keeping of registers. In its previous comments, the Committee had noted that the legislation concerning penalties for breach of laws relating to children’s rights were ineffective, as well as the Government’s indication that its national laws needed to be updated in this respect. The Committee had also noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs.

The Committee notes the Government’s indication in its latest report that a draft of the revised version of the Criminal Code, which includes a criminal offence provision for persons employing children in the worst forms of labour, has been submitted to the Parliament. It further notes that, under section 90.9 of the draft regulations to the Labour Law, an employer must keep record of “minor employees”. The Committee requests the Government to keep it informed of the measures taken to revise its national legislation in order to impose sufficiently dissuasive penalties to ensure the effective enforcement of the Convention. It further requests the Government to provide information concerning the registers contemplated under section 90.9 of the draft regulations, including its application, as specified under Article 9 of the Convention, to all children under the age of 18 years, details concerning the content of the registers and how it will be ensured that such registers are kept and made available by the employer.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10). It noted that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee requested the Government to provide information on any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. The Committee noted in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code has recently been amended. It also noted that the NPA 2002–10 is ongoing, as are a number of other projects and programmes, most of them dealing with the worst forms of child labour. The Committee requests the Government to supply a copy of the recently amended Labour Code. The Committee also requests the Government to continue providing information on the NPA 2002–10, or any other such programmes, aimed at ensuring the effective abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). The Committee therefore noted that the Labour Code appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard, the Committee noted the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a labour contract. In this regard, the Committee requested the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account.

The Committee noted the information in the Government’s report that, following an audit by the ILO on labour inspection in Mongolia, the Parliament approved a review of the Labour Code and state policy on informal employment. The Committee noted that the Government plans to revise the Labour Code to extend its scope of application in 2010. The Committee also noted the Government’s statement that child protection is still weak in the informal sector. The Committee further noted the information in the Human Rights and Freedoms in Mongolia Status Report, issued in 2007 by the National Human Rights Commission of Mongolia, that approximately 6,950 children were working in the informal economy in urban areas (page 50). The Committee requests the Government to take the necessary measures to ensure that, within the review of the Labour Code and the state policy on informal employment, protection is given to children carrying out work on their own account or in the informal economy. The Committee requests the Government to continue to provide information on developments in this regard.

Article 2(3). 1. Age of completion of compulsory education. In its previous comments, the Committee noted that, according to section 109(2) of the Labour Code, a person aged 15 years may enter into a labour contract with the permission of parents or guardians. It noted however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Law on Primary and Secondary Education was adopted on 3 May 2002. The Committee also noted that the Government indicated in its report to the Committee on the Rights of the Child (CRC) that “the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age” (CRC/C/65/Add.32 of 15 November 2004, page 19). The Committee observed that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling.

The Committee noted, in its concluding observations, that the CRC expressed concern “about some contradictory provisions of the domestic laws leaving children without adequate protection, e.g. the compulsory school age is 17, whereas the labour law allows children aged 14 and 15 years old to work 30 hours per week” (CRC/C/15/Add.264, 21 September 2005, paragraph 9). The Committee further noted in the Government’s report submitted under Convention No. 182, that the Law on Education was amended in December 2006, and noted the Government’s statement in its report to the CRC of 9 June 2009 that education is mandatory until the age of 16 (CRC/C/MNG/3-4, paragraph 280).

The Committee recalled that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considered that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies. The Committee therefore requests the Government to indicate the legislative provisions contained in the Law on Primary and Secondary Education, in the Law on Education or in any other legislation, fixing the actual age of completion of compulsory education and to supply a copy of the same. Noting that the minimum age for admission to employment appears to be less than the age of completion of compulsory schooling, the Committee requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention.

2. Providing education for school drop-outs. The Committee noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop-out rate has reversed.

The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistical Office with support from UNICEF carried out the “Random sampling research on groups with mixed indicators” in 2005–06. One finding of this research was that 90.2 per cent of children living in Ulaanbaatar are studying in secondary school versus only 76.1 per cent in the remote rural areas, mostly due to a high drop-out rate for children of herders, who need the assistance of their children in their family’s livestock herding activities. The CRC expressed similar findings (CRC/C/15/Add.264, 21 September 2005, paragraphs 51–52). The Committee noted that the Ministry of Education, Culture and Science, with financial support from UNICEF, is implementing the “Circular for alternative training of primary, basic and complete secondary education” (Circular). This Circular, as well as the newly amended Law on Education both make explicit provisions for providing working children and drop-out children with educational services, including informal education. The Committee requests the Government to continue providing information on the impact of the Circular, and any other measures taken, on providing educational services to both working and drop-out children as well as in increasing school attendance rates, in particular in the remote areas. It also requests the Government to continue providing statistical information on school attendance and school drop-out rates, in particular in rural schools.

Article 7. Light work. The Committee previously noted that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee previously noted that section 25(6) of the Law on the Protection of the Rights of the Child provides that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, caregivers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000–30,000 Mongolian tughriks (MNT) with confiscation of their income and profit. The Committee recalled that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It requested the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work. The Committee noted the information in the Government’s report that, pursuant to section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health shall be developed and approved by Governmental officials responsible for health issues. The Committee requests the Government to provide a copy of this list, once approved.

Article 9(1). Penalties. In its previous comments, the Committee noted that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years of age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of MNT15,000–30,000. It also noted that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating “individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000–20,000 tughriks”.

The Committee noted in the Government’s report, submitted under Convention No. 182, that the penalties for breach of provisions found in the Criminal Code (such as human trafficking in children, involvement in pornography, sexual exploitation, drug trafficking) and other laws relating to children’s rights are appropriate. However, the penalties imposed upon employers, parents and other representatives in connection with employment in hazardous work are weak. The Committee further noted the Government’s indication that the fine imposed upon someone employing minors in prohibited work is insufficiently small to deter employers from resorting to the labour exploitation of minors. The Government indicated that much still remains to be done in relation to updating the legislation by imposing penalties, by ordering injunctions and ameliorating the penalty mechanism imposed upon parents and family members who allow the employment of children in the worst forms of child labour. The Committee encourages the Government to continue updating the legislation in this regard and requests it to provide information on any developments thereof. The Committee also requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Registers of employment. In its previous comments, the Committee noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. The Committee reminded the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate in which manner it ensures that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for them.

Part V of the report form. Application of the Convention in practice. The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistics Office recently conducted the second National Child Labour Survey (2006–07) (NCL Survey). The Committee noted 621,500 children, of which 60.3 per cent were boys and 39.7 per cent girls, were covered in the NCL Survey and that at least 11.5 per cent worked at least one hour a week or were economically active. Though the survey has some shortcomings as it did not include homeless children, as well as those living in correctional labour colonies, orphanages and childcare institutions, it is nevertheless significant in creating the official and objective database. The prevalent sectors of work for children were: 84.6 per cent in agriculture; 5.1 per cent in services; 3.5 per cent in trade and industry; and 5.8 per cent in sweatshops. In relation to the employment relationship, the NCL Survey indicated that 93.1 per cent of working children work in household enterprises and are not paid, 9.2 per cent are self-employed and 1.7 per cent have a contractual relationship.

Another survey, conducted by the Mongolian Employers Federation in 2003, (Employers’ Survey), reveals that labour standards in relation to children working in the formal sector are not always adhered to: 59.5 per cent of employers hiring children aged 14–18 years of age did not conclude any contracts and 29.2 per cent were employing the children on a wage or work performance contract. The main motives for not concluding a contract were not wanting to pay the social insurance premiums and other deductions (36 per cent) and the temporary nature of the employment (52 per cent). According to the reports submitted by employers and used in the Employers’ Survey, 46 per cent of the children’s conditions at the workplace were deemed “normal”, 11.7 per cent were too hot, 21 per cent too dusty or with poor air circulation and 10.6 per cent were too noisy.

In addition, the Committee noted that the Population Training and Research Centre of the National University of Mongolia also carried out a survey which focused mostly on children aged 16–18 years of age working in the gold- and coal mining sectors in the Selenge and Tuv aimags (provinces). This survey indicates that most children started mining at an average age of 12, work an average of four hours per day in the winter, and an average of eight to nine and 10–11 continuous hours in the summer for children aged below 16 and 16–18, respectively. A total of 37.7 per cent of the children mining gold used mercury and 66.7 per cent of them work at home. Of these, 22.5 per cent have been involved in an accident in which 92.6 per cent have injured their legs, arms or their organs. Half of all children mining gold experience some form of health problem: 43.3 per cent suffer regularly from respiratory diseases, 41.7 per cent suffer from kidney and urinary disorders, 25 per cent suffer from orthopaedic illnesses and 23.3 per cent suffer from ear, nose and throat diseases.

Finally, the Committee noted that the report “Understanding children’s work and youth employment outcomes in Mongolia”, issued in June 2009 by the ILO, UNICEF and the World Bank (through the Understanding Children’s Work Project), indicates that 13.2 per cent of children between the ages of 5 and 14 are engaged in economic activity and that 7.5 per cent of children between the ages 15 and 17 are engaged in hazardous work. The Committee also noted that, in its concluding observations, the CRC expressed concern “at the high rate of working children in Mongolia and the various kinds of negative consequences resulting from the exploitation of child labour, including the school drop outs and negative impacts on health caused by the harmful and hazardous work. The high number of child domestic and rural workers and children working in very harmful conditions in gold and coal mines give cause for serious concerns” (CRC/C/15/Add.264, 21 September 2005, paragraph 59). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the large number of children working under the age of 15, as well as the significant number of children engaged in hazardous occupations, and therefore strongly encourages the Government to redouble its efforts to improve the situation, including through the allocation of additional resources for the implementation of measures aimed at combating child labour. The Committee also requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular, to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10). It noted that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee requested the Government to provide information on any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. The Committee noted in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code has recently been amended. It also noted that the NPA 2002–10 is ongoing, as are a number of other projects and programmes, most of them dealing with the worst forms of child labour. The Committee requests the Government to supply a copy of the recently amended Labour Code. The Committee also requests the Government to continue providing information on the NPA 2002–10, or any other such programmes, aimed at ensuring the effective abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). The Committee therefore noted that the Labour Code appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard, the Committee noted the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a labour contract. In this regard, the Committee requested the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account.

The Committee noted the information in the Government’s report that, following an audit by the ILO on labour inspection in Mongolia, the Parliament approved a review of the Labour Code and state policy on informal employment. The Committee noted that the Government plans to revise the Labour Code to extend its scope of application in 2010. The Committee also noted the Government’s statement that child protection is still weak in the informal sector. The Committee further noted the information in the Human Rights and Freedoms in Mongolia Status Report, issued in 2007 by the National Human Rights Commission of Mongolia, that approximately 6,950 children were working in the informal economy in urban areas (page 50). The Committee requests the Government to take the necessary measures to ensure that, within the review of the Labour Code and the state policy on informal employment, protection is given to children carrying out work on their own account or in the informal economy. The Committee requests the Government to continue to provide information on developments in this regard.

Article 2(3). Age of completion of compulsory education. In its previous comments, the Committee noted that, according to section 109(2) of the Labour Code, a person aged 15 years may enter into a labour contract with the permission of parents or guardians. It noted however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Law on Primary and Secondary Education was adopted on 3 May 2002. The Committee also noted that the Government indicated in its report to the Committee on the Rights of the Child (CRC) that “the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age” (CRC/C/65/Add.32 of 15 November 2004, page 19). The Committee observed that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling.

The Committee noted, in its concluding observations, that the CRC expressed concern “about some contradictory provisions of the domestic laws leaving children without adequate protection, e.g. the compulsory school age is 17, whereas the labour law allows children aged 14 and 15 years old to work 30 hours per week” (CRC/C/15/Add.264, 21 September 2005, paragraph 9). The Committee further noted in the Government’s report submitted under Convention No. 182, that the Law on Education was amended in December 2006, and noted the Government’s statement in its report to the CRC of 9 June 2009 that education is mandatory until the age of 16 (CRC/C/MNG/3-4, paragraph 280).

The Committee recalled that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considered that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies. The Committee therefore requests the Government to indicate the legislative provisions contained in the Law on Primary and Secondary Education, in the Law on Education or in any other legislation, fixing the actual age of completion of compulsory education and to supply a copy of the same. Noting that the minimum age for admission to employment appears to be less than the age of completion of compulsory schooling, the Committee requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention.

Providing education for school drop-outs. The Committee noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop-out rate has reversed.

The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistical Office with support from UNICEF carried out the “Random sampling research on groups with mixed indicators” in 2005–06. One finding of this research was that 90.2 per cent of children living in Ulaanbaatar are studying in secondary school versus only 76.1 per cent in the remote rural areas, mostly due to a high drop-out rate for children of herders, who need the assistance of their children in their family’s livestock herding activities. The CRC expressed similar findings (CRC/C/15/Add.264, 21 September 2005, paragraphs 51–52). The Committee noted that the Ministry of Education, Culture and Science, with financial support from UNICEF, is implementing the “Circular for alternative training of primary, basic and complete secondary education” (Circular). This Circular, as well as the newly amended Law on Education both make explicit provisions for providing working children and drop-out children with educational services, including informal education. The Committee requests the Government to continue providing information on the impact of the Circular, and any other measures taken, on providing educational services to both working and drop-out children as well as in increasing school attendance rates, in particular in the remote areas. It also requests the Government to continue providing statistical information on school attendance and school drop-out rates, in particular in rural schools.

Article 7. Light work. The Committee previously noted that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee previously noted that section 25(6) of the Law on the Protection of the Rights of the Child provides that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, caregivers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000–30,000 tughriks with confiscation of their income and profit. The Committee recalled that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It requested the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work. The Committee noted the information in the Government’s report that, pursuant to section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health shall be developed and approved by Governmental officials responsible for health issues. The Committee requests the Government to provide a copy of this list, once approved.

Article 9(1). Penalties. In its previous comments, the Committee noted that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years of age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of 15,000–30,000 tughriks. It also noted that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating “individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000–20,000 tughriks”.

The Committee noted in the Government’s report, submitted under Convention No. 182, that the penalties for breach of provisions found in the Criminal Code (such as human trafficking in children, involvement in pornography, sexual exploitation, drug trafficking) and other laws relating to children’s rights are appropriate. However, the penalties imposed upon employers, parents and other representatives in connection with employment in hazardous work are weak. The Committee further noted the Government’s indication that the fine imposed upon someone employing minors in prohibited work is insufficiently small to deter employers from resorting to the labour exploitation of minors. The Government indicated that much still remains to be done in relation to updating the legislation by imposing penalties, by ordering injunctions and ameliorating the penalty mechanism imposed upon parents and family members who allow the employment of children in the worst forms of child labour. The Committee encourages the Government to continue updating the legislation in this regard and requests it to provide information on any developments thereof. The Committee also requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Registers of employment. In its previous comments, the Committee noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. The Committee reminded the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate in which manner it ensures that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for them.

Part V of the report form. Application of the Convention in practice. The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistics Office recently conducted the second National Child Labour Survey (2006–07) (NCL Survey). The Committee noted 621,500 children, of which 60.3 per cent were boys and 39.7 per cent girls, were covered in the NCL Survey and that at least 11.5 per cent worked at least one hour a week or were economically active. Though the survey has some shortcomings as it did not include homeless children, as well as those living in correctional labour colonies, orphanages and childcare institutions, it is nevertheless significant in creating the official and objective database. The prevalent sectors of work for children were: 84.6 per cent in agriculture; 5.1 per cent in services; 3.5 per cent in trade and industry; and 5.8 per cent in sweatshops. In relation to the employment relationship, the NCL Survey indicated that 93.1 per cent of working children work in household enterprises and are not paid, 9.2 per cent are self-employed and 1.7 per cent have a contractual relationship.

Another survey, conducted by the Mongolian Employers Federation in 2003, (Employers’ Survey), reveals that labour standards in relation to children working in the formal sector are not always adhered to: 59.5 per cent of employers hiring children aged 14–18 years of age did not conclude any contracts and 29.2 per cent were employing the children on a wage or work performance contract. The main motives for not concluding a contract were not wanting to pay the social insurance premiums and other deductions (36 per cent) and the temporary nature of the employment (52 per cent). According to the reports submitted by employers and used in the Employers’ Survey, 46 per cent of the children’s conditions at the workplace were deemed “normal”, 11.7 per cent were too hot, 21 per cent too dusty or with poor air circulation and 10.6 per cent were too noisy.

In addition, the Committee noted that the Population Training and Research Centre of the National University of Mongolia also carried out a survey which focused mostly on children aged 16–18 years of age working in the gold- and coal mining sectors in the Selenge and Tuv aimags (provinces). This survey indicates that most children started mining at an average age of 12, work an average of four hours per day in the winter, and an average of eight to nine and 10–11 continuous hours in the summer for children aged below 16 and 16–18, respectively. A total of 37.7 per cent of the children mining gold used mercury and 66.7 per cent of them work at home. Of these, 22.5 per cent have been involved in an accident in which 92.6 per cent have injured their legs, arms or their organs. Half of all children mining gold experience some form of health problem: 43.3 per cent suffer regularly from respiratory diseases, 41.7 per cent suffer from kidney and urinary disorders, 25 per cent suffer from orthopaedic illnesses and 23.3 per cent suffer from ear, nose and throat diseases.

Finally, the Committee noted that the report “Understanding children’s work and youth employment outcomes in Mongolia”, issued in June 2009 by the ILO, UNICEF and the World Bank (through the Understanding Children’s Work Project), indicates that 13.2 per cent of children between the ages of 5 and 14 are engaged in economic activity and that 7.5 per cent of children between the ages 15 and 17 are engaged in hazardous work. The Committee also noted that, in its concluding observations, the CRC expressed concern “at the high rate of working children in Mongolia and the various kinds of negative consequences resulting from the exploitation of child labour, including the school drop outs and negative impacts on health caused by the harmful and hazardous work. The high number of child domestic and rural workers and children working in very harmful conditions in gold and coal mines give cause for serious concerns” (CRC/C/15/Add.264, 21 September 2005, paragraph 59). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the large number of children working under the age of 15, as well as the significant number of children engaged in hazardous occupations, and therefore strongly encourages the Government to redouble its efforts to improve the situation, including through the allocation of additional resources for the implementation of measures aimed at combating child labour. The Committee also requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular, to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10). It noted that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee requested the Government to provide information on any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. The Committee noted in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code has recently been amended. It also noted that the NPA 2002–10 is ongoing, as are a number of other projects and programmes, most of them dealing with the worst forms of child labour. The Committee requests the Government to supply a copy of the recently amended Labour Code. The Committee also requests the Government to continue providing information on the NPA 2002–10, or any other such programmes, aimed at ensuring the effective abolition of child labour.

Article 2(1). Scope of application. The Committee previously noted that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). The Committee therefore noted that the Labour Code appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard, the Committee noted the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a labour contract. In this regard, the Committee requested the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account.

The Committee noted the information in the Government’s report that, following an audit by the ILO on labour inspection in Mongolia, the Parliament approved a review of the Labour Code and state policy on informal employment. The Committee noted that the Government plans to revise the Labour Code to extend its scope of application in 2010. The Committee also noted the Government’s statement that child protection is still weak in the informal sector. The Committee further noted the information in the Human Rights and Freedoms in Mongolia Status Report, issued in 2007 by the National Human Rights Commission of Mongolia, that approximately 6,950 children were working in the informal economy in urban areas (page 50). The Committee requests the Government to take the necessary measures to ensure that, within the review of the Labour Code and the state policy on informal employment, protection is given to children carrying out work on their own account or in the informal economy. The Committee requests the Government to continue to provide information on developments in this regard.

Article 2(3). Age of completion of compulsory education. In its previous comments, the Committee noted that, according to section 109(2) of the Labour Code, a person aged 15 years may enter into a labour contract with the permission of parents or guardians. It noted however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Law on Primary and Secondary Education was adopted on 3 May 2002. The Committee also noted that the Government indicated in its report to the Committee on the Rights of the Child (CRC) that “the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age” (CRC/C/65/Add.32 of 15 November 2004, page 19). The Committee observed that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling.

The Committee noted, in its concluding observations, that the CRC expressed concern “about some contradictory provisions of the domestic laws leaving children without adequate protection, e.g. the compulsory school age is 17, whereas the labour law allows children aged 14 and 15 years old to work 30 hours per week” (CRC/C/15/Add.264, 21 September 2005, paragraph 9). The Committee further noted in the Government’s report submitted under Convention No. 182, that the Law on Education was amended in December 2006, and noted the Government’s statement in its report to the CRC of 9 June 2009 that education is mandatory until the age of 16 (CRC/C/MNG/3-4 paragraph 280).

The Committee recalled that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considered that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies. The Committee therefore requests the Government to indicate the legislative provisions contained in the Law on Primary and Secondary Education, in the Law on Education or in any other legislation, fixing the actual age of completion of compulsory education and to supply a copy of the same. Noting that the minimum age for admission to employment appears to be less than the age of completion of compulsory schooling, the Committee requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3) of the Convention.

Providing education for school drop-outs. The Committee noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop-out rate has reversed.

The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistical Office with support from UNICEF carried out the “Random sampling research on groups with mixed indicators” in 2005–06. One finding of this research was that 90.2 per cent of children living in Ulaanbaatar are studying in secondary school versus only 76.1 per cent in the remote rural areas, mostly due to a high drop-out rate for children of herders, who need the assistance of their children in their family’s livestock herding activities. The CRC expressed similar findings (CRC/C/15/Add.264, 21 September 2005, paragraphs 51–52). The Committee noted that the Ministry of Education, Culture and Science, with financial support from UNICEF, is implementing the “Circular for alternative training of primary, basic and complete secondary education” (Circular). This Circular, as well as the newly amended Law on Education both make explicit provisions for providing working children and drop-out children with educational services, including informal education. The Committee requests the Government to continue providing information on the impact of the Circular, and any other measures taken, on providing educational services to both working and drop-out children as well as in increasing school attendance rates, in particular in the remote areas. It also requests the Government to continue providing statistical information on school attendance and school drop-out rates, in particular in rural schools.

Article 7. Light work. The Committee previously noted that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee previously noted that section 25(6) of the Law on the Protection of the Rights of the Child provides that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, caregivers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000–30,000 tughriks with confiscation of their income and profit. The Committee recalled that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It requested the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work. The Committee noted the information in the Government’s report that, pursuant to section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health shall be developed and approved by Governmental officials responsible for health issues. The Committee requests the Government to provide a copy of this list, once approved.

Article 9(1). Penalties. In its previous comments, the Committee noted that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years of age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of 15,000–30,000 tughriks. It also noted that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating “individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000–20,000 tughriks”.

The Committee noted in the Government’s report, submitted under Convention No. 182, that the penalties for breach of provisions found in the Criminal Code (such as human trafficking in children, involvement in pornography, sexual exploitation, drug trafficking) and other laws relating to children’s rights are appropriate. However, the penalties imposed upon employers, parents and other representatives in connection with employment in hazardous work are weak. The Committee further noted the Government’s indication that the fine imposed upon someone employing minors in prohibited work is insufficiently small to deter employers from resorting to the labour exploitation of minors. The Government indicated that much still remains to be done in relation to updating the legislation by imposing penalties, by ordering injunctions and ameliorating the penalty mechanism imposed upon parents and family members who allow the employment of children in the worst forms of child labour. The Committee encourages the Government to continue updating the legislation in this regard and requests it to provide information on any developments thereof. The Committee also requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9(3). Registers of employment. In its previous comments, the Committee noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. The Committee reminded the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate in which manner it ensures that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for them.

Part V of the report form. Application of the Convention in practice. The Committee noted in the Government’s report submitted under Convention No. 182 that the National Statistics Office recently conducted the second National Child Labour Survey (2006–07) (NCL Survey). The Committee noted 621,500 children, of which 60.3 per cent were boys and 39.7 per cent girls, were covered in the NCL Survey and that at least 11.5 per cent worked at least one hour a week or were economically active. Though the survey has some shortcomings as it did not include homeless children, as well as those living in correctional labour colonies, orphanages and childcare institutions, it is nevertheless significant in creating the official and objective database. The prevalent sectors of work for children were: 84.6 per cent in agriculture; 5.1 per cent in services; 3.5 per cent in trade and industry; and 5.8 per cent in sweatshops. In relation to the employment relationship, the NCL Survey indicated that 93.1 per cent of working children work in household enterprises and are not paid, 9.2 per cent are self-employed and 1.7 per cent have a contractual relationship.

Another survey, conducted by the Mongolian Employers Federation in 2003, (Employers’ Survey), reveals that labour standards in relation to children working in the formal sector are not always adhered to: 59.5 per cent of employers hiring children aged 14–18 years of age did not conclude any contracts and 29.2 per cent were employing the children on a wage or work performance contract. The main motives for not concluding a contract were not wanting to pay the social insurance premiums and other deductions (36 per cent) and the temporary nature of the employment (52 per cent). According to the reports submitted by employers and used in the Employers’ Survey, 46 per cent of the children’s conditions at the workplace were deemed “normal”, 11.7 per cent were too hot, 21 per cent too dusty or with poor air circulation and 10.6 per cent were too noisy.

In addition, the Committee noted that the Population Training and Research Centre of the National University of Mongolia also carried out a survey which focused mostly on children aged 16–18 years of age working in the gold- and coal mining sectors in the Selenge and Tuv aimags (provinces). This survey indicates that most children started mining at an average age of 12, work an average of four hours per day in the winter, and an average of eight to nine and 10–11 continuous hours in the summer for children aged below 16 and 16–18, respectively. A total of 37.7 per cent of the children mining gold used mercury and 66.7 per cent of them work at home. Of these, 22.5 per cent have been involved in an accident in which 92.6 per cent have injured their legs, arms or their organs. Half of all children mining gold experience some form of health problem: 43.3 per cent suffer regularly from respiratory diseases, 41.7 per cent suffer from kidney and urinary disorders, 25 per cent suffer from orthopaedic illnesses and 23.3 per cent suffer from ear, nose and throat diseases.

Finally, the Committee noted that the report “Understanding children’s work and youth employment outcomes in Mongolia”, issued in June 2009 by the ILO, UNICEF and the World Bank (through the Understanding Children’s Work Project), indicates that 13.2 per cent of children between the ages of 5 and 14 are engaged in economic activity and that 7.5 per cent of children between the ages 15 and 17 are engaged in hazardous work. The Committee also noted that, in its concluding observations, the CRC expressed concern “at the high rate of working children in Mongolia and the various kinds of negative consequences resulting from the exploitation of child labour, including the school drop outs and negative impacts on health caused by the harmful and hazardous work. The high number of child domestic and rural workers and children working in very harmful conditions in gold and coal mines give cause for serious concerns” (CRC/C/15/Add.264, 21 September 2005, paragraph 59). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the large number of children working under the age of 15, as well as the significant number of children engaged in hazardous occupations, and therefore strongly encourages the Government to redouble its efforts to improve the situation, including through the allocation of additional resources for the implementation of measures aimed at combating child labour. The Committee also requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular, to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002–10 (NPA 2002–10). It noted that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee requested the Government to provide information on any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. The Committee notes in the Government’s report submitted under the Worst Forms of Child Labour Convention, 1999 (No. 182), that the Labour Code has recently been amended. It also notes that the NPA 2002–10 is ongoing, as are a number of other projects and programmes, most of them dealing with the worst forms of child labour. The Committee requests the Government to supply a copy of the recently amended Labour Code. The Committee also requests the Government to continue providing information on the NPA 2002–10, or any other such programmes, aimed at ensuring the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. The Committee previously noted that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). The Committee therefore noted that the Labour Code appeared to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard, the Committee noted the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a labour contract. In this regard, the Committee requested the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account.

The Committee notes the information in the Government’s report that, following an audit by the ILO on labour inspection in Mongolia, the Parliament approved a review of the Labour Code and state policy on informal employment. The Committee notes that the Government plans to revise the Labour Code to extend its scope of application in 2010. The Committee also notes the Government’s statement that child protection is still weak in the informal sector. The Committee further notes the information in the Human Rights and Freedoms in Mongolia Status Report, issued in 2007 by the National Human Rights Commission of Mongolia, that approximately 6,950 children were working in the informal economy in urban areas (page 50). The Committee requests the Government to  take the necessary measures to ensure that, within the review of the Labour Code and the state policy on informal employment, protection is given to children carrying out work on their own account or in the informal economy. The Committee requests the Government to continue to provide information on developments in this regard.

Article 2, paragraph 3. Age of completion of compulsory education. In its previous comments, the Committee noted that, according to section 109(2) of the Labour Code, a person aged 15 years may enter into a labour contract with the permission of parents or guardians. It noted however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Law on Primary and Secondary Education was adopted on 3 May 2002. The Committee also noted that the Government indicated in its report to the Committee on the Rights of the Child (CRC) that “the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age” (CRC/C/65/Add.32 of 15 November 2004, page 19). The Committee observed that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling.

The Committee notes, in its concluding observations, that the CRC expressed concern “about some contradictory provisions of the domestic laws leaving children without adequate protection, e.g. the compulsory school age is 17, whereas the labour law allows children aged 14 and 15 years old to work 30 hours per week” (CRC/C/15/Add.264, 21 September 2005, paragraph 9). The Committee further notes in the Government’s report submitted under Convention No. 182, that the Law on Education was amended in December 2006, and notes the Government’s statement in its report to the CRC of 9 June 2009 that education is mandatory until the age of 16 (CRC/C/MNG/3-4 paragraph 280).

The Committee recalls that, pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considers that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore requests the Government to indicate the legislative provisions contained in the Law on Primary and Secondary Education, in the Law on Education or in any other legislation, fixing the actual age of completion of compulsory education and to supply a copy of the same. Noting that the minimum age for admission to employment appears to be less than the age of completion of compulsory schooling, the Committee requests the Government to take the necessary measures to raise the minimum age for admission to employment in order to link it with the age of completion of compulsory schooling in conformity with Article 2(3), of the Convention.

Providing education for school drop-outs. The Committee noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO–IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop-out rate has reversed.

The Committee notes in the Government’s report submitted under Convention No. 182 that the National Statistical Office with support from UNICEF carried out the “Random sampling research on groups with mixed indicators” in 2005–06. One finding of this research was that 90.2 per cent of children living in Ulaanbaatar are studying in secondary school versus only 76.1 per cent in the remote rural areas, mostly due to a high drop-out rate for children of herders, who need the assistance of their children in their family’s livestock herding activities. The CRC expressed similar findings (CRC/C/15/Add.264, 21 September 2005, paragraphs 51 and 52). The Committee notes that the Ministry of Education, Culture and Science, with financial support from UNICEF, is implementing the “Circular for alternative training of primary, basic and complete secondary education” (Circular). This Circular, as well as the newly amended Law on Education both make explicit provisions for providing working children and drop-out children with educational services, including informal education. The Committee requests the Government to continue providing information on the impact of the Circular, and any other measures taken, on providing educational services to both working and drop-out children as well as in increasing school attendance rates, in particular in the remote areas. It also requests the Government to continue providing statistical information on school attendance and school drop-out rates, in particular in rural schools.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee previously noted that, the Minister of Health and Social Welfare issued Order No. A/204 of 1999 specifying a list of 340 types of work covering 17 workplaces prohibited to minors under Appendix 2.

The Committee notes with satisfaction that, pursuant to Order No. 107 of the Minister of Labour of 26 September 2008, a list of types of prohibited work for minors was adopted. The Committee also notes the Government’s statement that this list was approved following consultation with workers’ and employers’ organizations. This list contains 39 jobs and services, seven labour conditions and 53 working positions in 11 economic sectors that are prohibited for minors, and intends to address child labour in both the formal and informal sectors. The Committee further notes that the Government plans on translating the list into other languages, raising public awareness about its existence and building capacity for the implementing parties.

Article 7. Light work. The Committee previously noted that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalled that Article 7(1) of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that, according to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. Noting the absence of information in this regard, the Committee once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee previously noted that section 25(6) of the Law on the Protection of the Rights of the Child provides that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, caregivers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000–30,000 tughriks with confiscation of their income and profit. The Committee recalled that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which, and prescribe the conditions in which, employment or work is allowed. It requested the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work. The Committee notes the information in the Government’s report that, pursuant to section 8.1 of the Law on the Protection of the Rights of the Child, a list of plays and performances which may adversely affect a child’s health shall be developed and approved by Governmental officials responsible for health issues. The Committee requests the Government to provide a copy of this list, once approved.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years of age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of 15,000–30,000 tughriks. It also noted that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating “individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000–20,000 tughriks”.

The Committee notes in the Government’s report, submitted under Convention No. 182, that the penalties for breach of provisions found in the Criminal Code (such as human trafficking in children, involvement in pornography, sexual exploitation, drug trafficking) and other laws relating to children’s rights are appropriate. However, the penalties imposed upon employers, parents and other representatives in connection with employment in hazardous work are weak. The Committee further notes the Government’s indication that the fine imposed upon someone employing minors in prohibited work is insufficiently small to deter employers from resorting to the labour exploitation of minors. The Government indicates that much still remains to be done in relation to updating the legislation by imposing penalties, by ordering injunctions and ameliorating the penalty mechanism imposed upon parents and family members who allow the employment of children in the worst forms of child labour. The Committee encourages the Government to continue updating the legislation in this regard and requests it to provide information on any developments thereof. The Committee also requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions giving effect to the Convention, in particular those in respect of hazardous work, is prosecuted and that adequate penalties are imposed. It asks the Government to provide information on the types of violations detected, the number of persons prosecuted and the penalties imposed.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee noted that the national legislation does not appear to contain provisions on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. The Committee reminded the Government that, in accordance with Article 9(3) of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate in which manner it ensures that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for them.

Part V of the report form. Application of the Convention in practice. The Committee notes in the Government’s report submitted under Convention No. 182 that the National Statistics Office recently conducted the second National Child Labour Survey (2006–07) (NCL Survey). The Committee notes 621,500 children, of which 60.3 per cent were boys and 39.7 per cent girls, were covered in the NCL Survey and that at least 11.5 per cent worked at least one hour a week or were economically active. Though the survey has some shortcomings as it did not include homeless children, as well as those living in correctional labour colonies, orphanages and childcare institutions, it is nevertheless significant in creating the official and objective database. The prevalent sectors of work for children were: 84.6 per cent in agriculture; 5.1 per cent in services; 3.5 per cent in trade and industry; and 5.8 per cent in sweatshops. In relation to the employment relationship, the NCL Survey indicates that 93.1 per cent of working children work in household enterprises and are not paid, 9.2 per cent are self-employed and 1.7 per cent have a contractual relationship.

Another survey, conducted by the Mongolian Employers Federation in 2003, (Employers’ Survey), reveals that labour standards in relation to children working in the formal sector are not always adhered to: 59.5 per cent of employers hiring children aged 14–18 years of age did not conclude any contracts and 29.2 per cent were employing the children on a wage or work performance contract. The main motives for not concluding a contract were not wanting to pay the social insurance premiums and other deductions (36 per cent) and the temporary nature of the employment (52 per cent). According to the reports submitted by employers and used in the Employers’ Survey, 46 per cent of the children’s conditions at the workplace were deemed “normal”, 11.7 per cent were too hot, 21 per cent too dusty or with poor air circulation and 10.6 per cent were too noisy.

In addition, the Committee notes that the Population Training and Research Centre of the National University of Mongolia also carried out a survey which focused mostly on children aged 16–18 years of age working in the gold- and coal mining sectors in the Selenge and Tuv aimags (provinces). This survey indicates that most children started mining at an average age of 12, work an average of four hours per day in the winter, and an average of eight to nine and 10–11 continuous hours in the summer for children aged below 16 and 16–18, respectively. A total of 37.7 per cent of the children mining gold used mercury and 66.7 per cent of them work at home. Of these, 22.5 per cent have been involved in an accident in which 92.6 per cent have injured their legs, arms or their organs. Half of all children mining gold experience some form of health problem: 43.3 per cent suffer regularly from respiratory diseases, 41.7 per cent suffer from kidney and urinary disorders, 25 per cent suffer from orthopaedic illnesses and 23.3 per cent suffer from ear, nose and throat diseases.

Finally, the Committee notes that the report “Understanding children’s work and youth employment outcomes in Mongolia”, issued in June 2009 by the ILO, UNICEF and the World Bank (through the Understanding Children’s Work Project), indicates that 13.2 per cent of children between the ages of 5 and 14 are engaged in economic activity and that 7.5 per cent of children between the ages 15 and 17 are engaged in hazardous work. The Committee also notes that, in its concluding observations, the CRC expressed concern “at the high rate of working children in Mongolia and the various kinds of negative consequences resulting from the exploitation of child labour, including the school drop outs and negative impacts on health caused by the harmful and hazardous work. The high number of child domestic and rural workers and children working in very harmful conditions in gold and coal mines give cause for serious concerns” (CRC/C/15/Add.264, 21 September 2005, paragraph 59). While noting the efforts made by the Government to combat child labour, the Committee expresses serious concern at the large number of children working under the age of 15, as well as the significant number of children engaged in hazardous occupations, and therefore strongly encourages the Government to redouble its efforts to improve the situation, including through the allocation of additional resources for the implementation of measures aimed at combating child labour. The Committee also requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular, to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee noted that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002–10. It noted that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee also noted that in 1999 the Government signed a Memorandum of Understanding on Cooperation with ILO/IPEC and as a result an IPEC National Programme in Mongolia started in October 1999. According to the latest Technical Progress Report (TPR) for the IPEC Programmes (Technical Progress Report, National Programme for the Prevention and Elimination of Child Labour in Mongolia, Phase II, 23 March 2003, page 2), “a number of laws that are crucial to address child labour such as the Labour Law and the Child Rights Protection Law are planned to be reviewed by the Mongolian Parliament in the near future”. It noted as well that the Parliament and the Ministry of Social Welfare and Labour of Mongolia requested the ILO to provide technical assistance on the proposed amendments to those laws and, as a response to this request, such assistance was recently provided by the ILO Subregional Office in Bangkok. The Committee requests the Government to inform it of any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. In this respect, the Committee encourages the Government to take into account its comments and the technical advice from the Office.

Article 2, paragraph 1. Scope of application. The Committee noted that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). Section 21(1) of the Labour Code stipulates that issues such as the name of the position, amount of salary and working conditions shall be agreed on in a labour contract. If such basic conditions are not fulfilled, the labour contract shall not be considered as established (section 21(3)). The Labour Code therefore appears to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard the Committee noted the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without an employment contract. The Committee reminded the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. In this regard, the Committee requests the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account, or in situations where a valid labour contract has not been established.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee noted that according to section 109(2) of the Labour Code a person of the age of 15 years may enter into a labour contract with the permission of parents or guardians. The Committee noted however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Educational Law and the Law on Primary and Secondary Education were adopted on 3 May 2002. According to the new Education Law, the duration of compulsory education is shifted from eight to nine years of schooling (five years is for primary education) and the age of enrolling children into primary education is lowered to 7 years. Hence, children would complete compulsory schooling at the age of 16. The Committee also noted that the Government has indicated in its report to the Committee on the Rights of the Child (CRC/C/65/Add.32 of 15 November 2004, page 19) that “the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age”. The Committee observed that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling. The Committee recalled that pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considered that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning Minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore requests the Government to indicate the actual age of completion of compulsory education and to supply a copy of the Law on Primary and Secondary Education, as adopted on 3 May 2002.

The Committee noted that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop‑out rate has reversed. The net enrolment rate for primary education has increased to 93.8 per cent. However, as indicated in this document, “The enrolment rate decreases as grades increase. There are about 68,000 children of compulsory school age who did not attend school. This is about 13.5 per cent of the total number of children in this age group.” The Committee also noted that, according to the Human Rights and Freedoms in Mongolia Status Report issued in 2003 by the National Human Rights Commission of Mongolia (page 7), “there is an increasing tendency among herders to take out their children from schools due to high need of labour at the family farm”. According to the survey conducted in four aimags (provinces) by the Social Development Centre within the ILO funded IPEC project, among 291 children working at home as herders, 53.8 per cent had reported to having run away from schools and 8.3 per cent of them never attended schools. The Committee was concerned by the large numbers of children who do not attend or who drop out of school before the age of completion of compulsory schooling. It accordingly requests the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school drop-outs, so as to prevent the engagement of these children in child labour.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee noted that, according to section 109(5) of the Labour Code, the member of the Government responsible for the labour matters shall establish a list of jobs in which a minor may not be employed. It also noted that the Minister of Health and Social Welfare issued Order No. A/204 of 1999 specifying a list of 340 types of work covering 17 workplaces prohibited to minors under Appendix 2. It notes as well that, according to section 110(4) of the Labour Code, it is prohibited to require a minor to lift or carry heavier loads than the load prescribed by the member of the Government in charge of the labour issues. The Committee therefore requests the Government to communicate any regulation adopted pursuant to section 110(4) of the Labour Code concerning the prohibition on minors from lifting or carrying excess loads.

Article 6. Vocational training and apprenticeship. The Committee noted that section 109(3) of the Labour Code allows children from the age of 14 years to enter into a labour contract for the purpose of vocational guidance and work experience, if the parents or guardians and the state administrative organ in charge of labour issues have issued their consent. It also noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 14), a Law on Vocational Education and Training was adopted in May 2002 defining the roles and responsibilities of the Government, management of the vocational education and training and social partnership. The Committee therefore asks the Government to provide information on the practical application of section 109(3) of the Labour Code, in particular on the system of vocational and technical education and on conditions prescribed by the relevant competent authorities for any work done by children and young persons authorized as part of vocational or technical education. Finally, the Committee asks the Government to supply copies of laws or decrees on vocational training and apprenticeship including the Law on Vocational Education and Training adopted in May 2002.

Article 7. Light work. The Committee noted that the Government’s report contains no information regarding permissible light work for young persons aged 13–15, and persons who are at least 15 but have not yet completed their compulsory education. It also notes that the Labour Code contains no provisions in this respect. The Committee nonetheless observed that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalled that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalled that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee noted that the Government’s report contains no information on the existence of any system of granting permits for participation of children in artistic performances. It noted however that section 7(6) of the Law on the Protection of the Rights of the Child, inter alia, prohibits individuals, economic entities and organizations to “conduct profit making activities on their behalf illegally”. Section 25(6) continues by stating that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, care-givers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000 to 30,000 tughriks with confiscation of their income and profit. The Committee recalled that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work.

Article 9, paragraph 1. Penalties. The Committee noted that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of 15,000 to 30,000 tughriks. It also noted that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating “individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000 to 20,000 tughriks”. The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

Article 9, paragraph 3. Registers of employment. The Committee noted the absence of information in the Government’s report on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. It also noted that the national legislation does not appear to contain such provisions. The Committee reminded the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to indicate in which manner it ensures or envisages to ensure that that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for the employer.

Part III of the report form. The Committee noted that, according to section 139 of the Labour Code, the national monitoring of the enforcement of the Labour Code is entrusted to: (i) the State Great Khural (Parliament); (iii) the Cabinet and Governors at all levels; and (iii) organizations in charge of labour issues which are authorized to enforce the monitoring of the labour law, as well as other organizations or officials authorized by the law, within their respective jurisdictions. At the district level (aimag – or image – which is divided into sums – or soums) the local Governor and its monitoring offices will implement the labour monitoring. The Labour Code also leaves a role of public monitoring of the enforcement of labour to the organizations representing and protecting the rights and legal interests of employees, non-governmental organizations, and the public (section 139(3)). The Committee also noted that the labour monitoring procedure is regulated by the rule of the state labour inspection, which in its turn is approved by Cabinet (sections 140(2) and 140(3) of the Labour Code). It noted that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 28), the Rule of the State Labour Inspection was approved in 1999 by Government resolution No. 122. The Committee requests the Government to provide further information on the functioning and working of the labour inspectorate and the labour monitoring procedure. It also asks the Government to supply a copy of Government resolution No. 122.

Part V of the report form. Application of the Convention in practice. The Committee noted the Government’s information that the study “Children and development”, conducted by the National Statistical Office in 2000, revealed that 1.4 per cent of children between 5 and 14 years of age were engaged in paid work. According to the statistics of the Ministry of Education and Science, 13.1 per cent or about 70,000 children aged 8–15 were not covered by compulsory schooling and the majority of them work or participate in various types of income generating activities. The Committee requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first and second reports and requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that in 2002 the Government approved a National Programme of Action for the Development and Protection of Children for 2002-2010. It notes that particular attention has been given to the issue of child labour in this document and that one of its objectives is to amend national legislation to ensure the protection of children. The Committee also notes that in 1999 the Government signed a Memorandum of Understanding on Cooperation with ILO/IPEC and as a result an IPEC National Programme in Mongolia started in October 1999. According to the latest Technical Progress Report (TPR) for the IPEC Programmes (Technical Progress Report, National Programme for the Prevention and Elimination of Child Labour in Mongolia, Phase II, 23 March 2003, page 2), "a number of laws that are crucial to address child labour such as the Labour Law and the Child Rights Protection Law are planned to be reviewed by the Mongolian Parliament in the near future". It notes as well that the Parliament and the Ministry of Social Welfare and Labour of Mongolia requested the ILO to provide technical assistance on the proposed amendments to those laws and, as a response to this request, such assistance was recently provided by the ILO Subregional Office in Bangkok. The Committee requests the Government to inform it of any developments regarding the review and possible amendments to the Labour Code and the Law on the Protection of the Rights of the Child in order to better address the problem of child labour. In this respect, the Committee encourages the Government to take into account its comments and the technical advice from the Office.

Article 2, paragraph 1. Scope of application. The Committee notes that the Labour Code, according to its section 4, covers relations governed by a labour contract, defined as a mutual agreement on work for pay between an employee and an employer (section 3(1)(3)). Section 21(1) of the Labour Code stipulates that issues such as the name of the position, amount of salary and working conditions shall be agreed on in a labour contract. If such basic conditions are not fulfilled, the labour contract shall not be considered as established (section 21(3)). The Labour Code therefore appears to exclude work performed outside the framework of a labour contract and self-employment from its scope of application. In this regard the Committee notes the Government’s information that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without an employment contract. The Committee reminds the Government that the Convention applies to all branches of economic activity and that it covers every kind of employment or work, including work performed by children and young persons in the absence of a contractual employment relationship. In this regard, the Committee requests the Government to provide information on the manner in which protection is given to children carrying out an economic activity that is not covered by a labour contract, such as work on their own account, or in situations where a valid labour contract has not been established.

Article 2, paragraph 3. Age of completion of compulsory education. The Committee notes that according to section 109(2) of the Labour Code a person of the age of 15 years may enter into a labour contract with the permission of parents or guardians. The Committee notes however that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 8), the new Educational Law and the Law on Primary and Secondary Education were adopted on 3 May 2002. According to the new Education Law, the duration of compulsory education is shifted from eight to nine years of schooling (five years is for primary education) and the age of enrolling children into primary education is lowered to 7 years. Hence, children would complete compulsory schooling at the age of 16. The Committee also notes that the Government has indicated in its report to the Committee on the Rights of the Child (CRC/C/65/Add.32 of 15 November 2004, page 19) that "the Law on Education provides that a child shall be provided a compulsory basic education up to 17 years of age". The Committee observes that the minimum age of 15 years specified by the Government seems to be lower than the age of completion of compulsory schooling. The Committee recalls that pursuant to Article 2(3) of the Convention, the minimum age for admission to employment (currently 15 years) should not be lower that the age of completion of compulsory schooling. The Committee also considers that compulsory schooling is one of the most effective means of combating child labour. If the age of admission to employment and the age limit for compulsory education do not coincide, a number of problems may arise. For example, if the age of completion of compulsory education is higher than the minimum age for admission to work or employment, children who are required to attend school are at the same time legally competent to work and may be tempted to abandon their studies (see ILO: Minimum age, General Survey of the Reports relating to Convention No. 138 and Recommendation No. 146 concerning Minimum age, Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore requests the Government to indicate the actual age of completion of compulsory education and to supply a copy of the Law on Primary and Secondary Education, as adopted on 3 May 2002.

The Committee notes that, according to National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 9), since the mid-1990s, school enrolment has been gradually improving and the school drop-out rate has reversed. The net enrolment rate for primary education has increased to 93.8 per cent. However, as indicated in this document, "The enrolment rate decreases as grades increase. There are about 68,000 children of compulsory school age who did not attend school. This is about 13.5 per cent of the total number of children in this age group." The Committee also notes that, according to the Human Rights and Freedoms in Mongolia Status Report issued in 2003 by the National Human Rights Commission of Mongolia (page 7), "there is an increasing tendency among herders to take out their children from schools due to high need of labour at the family farm". According to the survey conducted in four aimags (provinces) by the Social Development Centre within the ILO funded IPEC project, among 291 children working at home as herders, 53.8 per cent had reported to having run away from schools and 8.3 per cent of them never attended schools. The Committee is concerned by the large numbers of children who do not attend or who drop out of school before the age of completion of compulsory schooling. It accordingly requests the Government to indicate the measures taken or envisaged to increase school attendance and to reduce school drop-outs, so as to prevent the engagement of these children in child labour.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that section 7(6) of the Law on the Protection of the Rights of the Child prohibits individuals, economic entities and organizations from employing children under the age of 18 years in work that is likely to be exploitative or harmful to the child’s health and morals. It also observes that, by virtue of sections 109(4) and 141(1)(6) of the Labour Code, it is prohibited to employ a minor under 18 years of age in a job which would negatively affect his/her intellectual development and health. Moreover, section 110(3) of the Labour Code prohibits the employment of minors in a job with abnormal or special conditions. The Committee takes due note of this information.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee notes that, according to section 109(5) of the Labour Code, the member of the Government responsible for the labour matters shall establish a list of jobs in which a minor may not be employed. It also notes that the Minister of Health and Social Welfare issued Order No. A/204 of 1999 specifying a list of 340 types of work covering 17 workplaces prohibited to minors under Appendix 2. It notes as well that, according to section 110(4) of the Labour Code, it is prohibited to require a minor to lift or carry heavier loads than the load prescribed by the member of the Government in charge of the labour issues. The Committee therefore requests the Government to communicate any regulation adopted pursuant to section 110(4) of the Labour Code concerning the prohibition on minors from lifting or carrying excess loads.

Article 6. Vocational training and apprenticeship. The Committee notes that section 109(3) of the Labour Code allows children from the age of 14 years to enter into a labour contract for the purpose of vocational guidance and work experience, if the parents or guardians and the state administrative organ in charge of labour issues have issued their consent. It also notes that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 14), a Law on Vocational Education and Training was adopted in May 2002 defining the roles and responsibilities of the Government, management of the vocational education and training and social partnership. The Committee therefore asks the Government to provide information on the practical application of section 109(3) of the Labour Code, in particular on the system of vocational and technical education and on conditions prescribed by the relevant competent authorities for any work done by children and young persons authorized as part of vocational or technical education. Finally, the Committee asks the Government to supply copies of laws or decrees on vocational training and apprenticeship including the Law on Vocational Education and Training adopted in May 2002.

Article 7. Light work. The Committee notes that the Government’s report contains no information regarding permissible light work for young persons aged 13 to 15, and persons who are at least 15 but have not yet completed their compulsory education. It also notes that the Labour Code contains no provisions in this respect. The Committee nonetheless observes that, according to a national survey conducted by the National Statistical Office in 2000, quite a number of children under the specified minimum age for admission to employment are economically active in some way or another. The Committee recalls that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit persons from the age of 13 to engage in light work, which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons of 13 years or more.

Article 8. Artistic performances. The Committee notes that the Government’s report contains no information on the existence of any system of granting permits for participation of children in artistic performances. It notes however that section 7(6) of the Law on the Protection of the Rights of the Child, inter alia, prohibits individuals, economic entities and organizations to "conduct profit making activities on their behalf illegally". Section 25(6) continues by stating that individuals and officials using a child in press and commercial advertising without the consent of the child or his/her parents, guardians, care-givers and conducting profit-oriented activities illegally using the name of the child will face a penalty of 20,000 to 30,000 tughriks with confiscation of their income and profit. The Committee recalls that, according to Article 8 of the Convention, the competent authority may, by permits granted in individual cases, allow exceptions to the prohibition of employment under the general minimum age, for such purposes as participation in artistic performances. Permits so granted shall limit the number of hours during which and prescribe the conditions in which employment or work is allowed. The Committee therefore requests the Government to indicate whether in practice children under the age of 15 years participate in artistic performances and, if so, to provide information on provisions of the national legislation which determine conditions of such work.

Article 9, paragraph 1. Penalties. The Committee notes that, according to section 141(1)(6) of the Labour Code, if an employer forces minors to do work prohibited to them, or to lift or carry loads exceeding the prescribed limits, or has required employees under 18 years age to work in a workplace that adversely affects their health and mental development, or in abnormal working conditions, or compels them to work overtime or during public holidays or weekends, the state labour inspector shall impose a fine on that officer of 15,000 to 30,000 tughriks. It also notes that section 25(5) of the Law on the Protection of the Rights of the Child provides for penalties for engaging a child in hazardous work stating "individuals forcing the child to beg and officials engaging the child in a work harmful for his/her health will face a penalty of 10,000 to 20,000 tughriks". The Committee asks the Government to provide information on the practical application of the abovementioned provisions.

Article 9, paragraph 3. Registers of employment. The Committee notes the absence of information in the Government’s report on the obligation of an employer to keep and make available the registers of persons under the age of 18 whom he/she employs. It also notes that the national legislation does not appear to contain such provisions. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore requests the Government to indicate in which manner it ensures or envisages to ensure that that employers shall keep and make available registers, which contain the names and ages or dates of birth, duly certified whenever possible, of persons under the age of 18 years employed or working for the employer.

Part III of the report form. The Committee notes that, according to section 139 of the Labour Code, the national monitoring of the enforcement of the Labour Code is entrusted to: (i) the State Great Khural (Parliament); (iii) the Cabinet and Governors at all levels; and (iii) organizations in charge of labour issues which are authorized to enforce the monitoring of the labour law, as well as other organizations or officials authorized by the law, within their respective jurisdictions. At the district level (aimag - or image - which is divided into sums - or soums) the local Governor and its monitoring offices will implement the labour monitoring. The Labour Code also leaves a role of public monitoring of the enforcement of labour to the organizations representing and protecting the rights and legal interests of employees, non-governmental organizations, and the public (section 139(3)). The Committee also notes that the labour monitoring procedure is regulated by the rule of the state labour inspection, which in its turn is approved by Cabinet (sections 140(2) and 140(3) of the Labour Code). It notes that, according to the National Programme for the Prevention and Elimination of Child Labour in Mongolia (Phase II, ILO/IPEC Multi-bilateral Programme of Technical Cooperation of 9 April 2002, page 28), the Rule of the State Labour Inspection was approved in 1999 by Government resolution No. 122. The Committee requests the Government to provide further information on the functioning and working of the labour inspectorate and the labour monitoring procedure. It also asks the Government to supply a copy of Government resolution No. 122.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the study "Children and development", conducted by the National Statistical Office in 2000, revealed that 1.4 per cent of children between 5 and 14 years of age were engaged in paid work. According to the statistics of the Ministry of Education and Science, 13.1 per cent or about 70,000 children aged 8-15 were not covered by compulsory schooling and the majority of them work or participate in various types of income generating activities. The Committee requests the Government to continue providing information on the situation of child labour in Mongolia and, in particular to supply copies or extracts from official documents of inspection services. The Committee also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.