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

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

Previous comment

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication, in its report, that the National Committee on Gender Equality (NCGE) carried out several awareness-raising and training activities on the prevention of sexual harassment in both the public and private sectors. It further notes, from the 2022 Government’s report on the implementation of agreed conclusions on "women’s economic empowerment in the changing world of work” submitted to the UN Women, that, in 2021, the Ministry of Labour and Social Protection, the National Human Rights Commission, the Mongolian Trade Union Confederation, and the Mongolian Employers' Federation jointly defined the rights and responsibilities of stakeholders regarding sexual harassment in the workplace, through "model standards” fostering a sexual harassment free work environment and providing guidance to employers, in both the public and private sectors, on internal regulations for preventing sexual harassment in the workplace and addressing complaints. The Committee welcomes this information and observes that, in the framework of the Cross-Sectoral Strategic Plan for Promoting Gender Equality in Mongolia (2022–31), the Government intends to conduct an assessment on the implementation of these model standards and provide necessary methodological support (objective 2.1.4). The Committee notes that the Government acknowledges that the main discrimination faced by young women is violence and sexual harassment in the workplace, and recommends that the Government include the prevention of sexual harassment in orientation training programmes for first-time employees. It notes from the Government’s report, that, in 2022, 37 cases of sexual harassment at work were examined by the courts, on the basis of section 6.26 of the Law of Infringement of 2020 which establishes penalties of imprisonment or a fine, for perpetrators of sexual harassment at work or failure of employers to prevent and address sexual harassment in its internal regulations. In that regard, the Committee notes that, in its 2022 report, the United Nations (UN) Special Rapporteur on violence against women, its causes and consequences expressed concern about: (1) the fact that harassment in the workplace seems to be a widespread issue, with few cases reported or leading to responses by the authorities; (2) the extent of harassment against girls and women in school environments and at universities; and (3) the persistent harmful stereotypes about sexual harassment in particular, resulting in victims being blamed for the violence they experience (A/HRC/50/26/Add.1, 20 April 2022, paragraphs 16, 55 and 66). Similar concerns were expressed by both the UN Committee on the Elimination of Discrimination against Women (CEDAW) and the UN Committee on Economic, Social and Cultural Rights (CESCR), in their 2022 concluding observations (CEDAW/C/MNG/CO/10, 12 July 2022, paragraphs 28 and 30; and E/C.12/MNG/CO/5, 10 November 2022, paragraph 24 respectively). Welcoming the measures taken and envisaged, the Committee asks the Government to continue to take steps to ensure that workers, in particular young workers, are effectively protected against all forms of behaviours with a sexual connotation amounting to sexual harassment. It asks the Government to provide information on: (i) the measures taken, in particular by the National Committee on Gender Equality to prevent and combat sexual harassment in educational facilities and at work, including by raising awareness among the public, workers and employers and their organizations, and law enforcement authorities, about all forms sexual harassment; (ii) any assessment made of the impact of these measures, in particular regarding the employers’ obligation to put in place procedures to prevent and address sexual harassment in their internal regulations, including as a result of the Cross-Sectoral Strategic Plan for Promoting Gender Equality (2022–31); and (iii) the number, nature and outcome of cases of sexual harassment dealt with by the labour inspectorate, the National Human Rights Commission, the courts or any other competent authorities.

Retirement age. Observing that the Law on Pensions and Benefits provided by the Fund of Social Insurance of 1994 was revised in 2023, the Committee notes with regret that the Government did not take this opportunity to harmonize the retirement ages for men and women. Indeed, it notes that section 5.1.2 of the new law, adopted on 7 July 2023, again provides that men are eligible for a retirement pension on attainment of 60 years of age, while women are eligible for a retirement pension on attainment of 55 years of age, when they are not subject to any special early retirement rules. In that regard, the Committee further notes that, in its 2022 concluding observations, the CEDAW expressed concern about the early retirement age for women, limiting their employment opportunities and reducing their pension benefits (CEDAW/C/MNG/CO/10, 12 July 2022, paragraph 30). The Committee asks the Government to indicate any measures taken or envisaged, both in law and practice, to ensure that the working life of women is not shortened in a discriminatory manner and to provide information on any steps taken in this regard.

Articles 1(1)(b) and 5(2). Additional grounds of discrimination. Affirmative measures. Persons with disabilities. The Committee notes the Government’s statement that: (1) pursuant to section 144.5 of the Labour Law, as revised in 2021, the procedure for imposing fines on employers who fail to comply with the employment quota of 4 per cent of persons with disabilities (for enterprises of 25 or more employees) was approved by the Government’s Resolution No. 253 of 2022; and (2) measures are being taken to ensure its implementation. The Committee also notes that, according to ILOSTAT, in 2022, the unemployment rate of persons with disabilities was as high as 10.8 per cent compared to 6.2 per cent for persons without disabilities. It further notes in its 2023 concluding observations, that the UN Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about: (1) the persistence of a system of special education and the lack of resources in mainstream schools to support inclusive education, which results in a large number of children with disabilities receiving segregated education; (2) the lack of specific measures to ensure that persons with disabilities are able to access general tertiary education, vocational training, adult education and lifelong learning without discrimination, on an equal basis with others; and (3) persons with disabilities, in particular women, being continually excluded from the open labour market and from starting a business. The CRPD specifically recommended that the Government repeals all discriminatory legislation that excludes or limits the participation of persons with disabilities in the open labour market; adopt effective measures to ensure the right of all persons with disabilities to work, as well as measures to combat discrimination, particularly in relation to advertisements, recruitment processes, retraining, promotion and other rights related to work and employment; and strengthen the implementation of the Labour Code (CRPD/C/MNG/CO/2-3, 5 October 2023, paragraphs 47, 53 and 54). Noting that the National Programme on Rights, Participation and Development of Persons with Disabilities ended in 2021, the Committee asks the Government to provide information on: (i) any legal and practical measures adopted to promote equality of opportunity and treatment of persons with disabilities and address the remaining barriers they face in accessing training and employment; (ii) any assessment made of the impact of these measures, in particular regarding the implementation and enforcement of the employment quotas; and (iii) the employment rates of men and women workers with disabilities in both the public and private sectors.

Article 1(1)(b). Sexual orientation and gender identity. Recalling that section 6.1 of the Labour Law prohibits direct and indirect discrimination based on, among others, sexual orientation or gender identity, the Committee notes that, in its 2022 concluding observations, the CESCR expressed concern about reports that discrimination, stigmatization and harassment against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons is widespread, including in employment and education, and indicated that, in spite of the prohibition of discrimination based on sexual orientation and gender identity, victims of such discrimination face challenges in gaining access to justice (E/C.12/MNG/CO/5, 10 November 2022, paragraph 18). The UN Special Rapporteur on violence against women, its causes and consequences expressed similar concerns in its 2022 report (A/HRC/50/26/Add.1, 20 April 2022, paragraphs 31 and 62). The Committee asks the Government to provide information on: (i) any measures taken to prevent and address stigma and discrimination based on sexual orientation and gender identity in employment and occupation, including through combatting stereotypes and stigmatization, and the impact of these measures; and (ii) the number, nature and outcome of any cases of discrimination in employment and occupation based on sexual orientation and gender identity dealt with by the labour inspectorate, the courts or any other competent authorities.

Article 1(2). Inherent requirements of the job. Civil service. The Committee notes the Government’s indication that “core civil service” positions, to which the prohibition for expressing political views apply, are defined by the Civil Service Law of 2017 as public administration and special state service positions (sections 10.1 and 10.3 of the Law). In that regard, the Committee notes that: (1) public administration positions, enumerated under section 12 of the Law, are aimed at “providing professional advice for developing public policies, providing public administration management and organizational support for the implementation of such policies”; and (2) special state service positions, enumerated under section 13 of the Law, are aimed at “ensuring the national security and public safety, maintaining social order and the core principle of the rule of law”, and include judges. The Committee observes that an extensive number of civil service positions are included under “core civil service” and that “core civil servants” are explicitly prohibited from being a member of a political party, or to participate, in any form, in activities of political parties and movements, non-governmental or religious organizations affiliated with political parties, unless permitted by laws. For a member of a political party, a formal and written declaration of suspension of the party membership shall be produced and submitted to the administration of the organization and to the affiliated party within seven days after appointment to a civil service position. Disciplinary measures, including dismissal, can be imposed on “core civil servants” that would breach such prohibition as well as possibly criminal charges (sections 37.1.4; 37.1.5; 39.1.5; and 48 of the Law). In this regard, the Committee recalls that, under Article 1(2) of the Convention, political opinion may be taken into account as an inherent requirement of a particular position involving special responsibilities in relation to developing government policy, which is not the case in respect of the above-mentioned sections of the Civil Service Law that broadly define “core civil servants”. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid an undue limitation of the protection against discrimination provided by the Convention, the Committee asks the Government to take the necessary measures to review sections 37.1.4, 37.1.5 and 39.1.5 and 48 of the Civil Service Law or adopt a more restrictive list of jobs in the public service to which these sections applies. It further asks the Government to provide information on: (i) the number of any persons dismissed or whose application for such positions has been rejected pursuant to the above-mentioned sections of the Civil Service Law; (ii) the reasons for these decisions and the functions concerned; and (iii) the appeal procedure available to the affected persons and any appeals lodged and their results.

Equality of opportunity and treatment irrespective of race, colour and national extraction. 1. Ethnic minorities and indigenous peoples, including Tsaatans. The Committee notes the Government’s statement that some progress has been made regarding education of the Mongolian population as a whole, whose literacy rate has now reached 98.7 per cent, that also benefitted ethnic minorities. The Government adds that between 2018 and 2020, 36 scholarships were awarded by the Education Loan Fund to Tsaatan students studying in a bachelor’s programme. The Committee however observes that no information was provided on the impact of such measures, to enable it to assess the application of the Convention, in practice, with respect to ethnic minorities and indigenous peoples. The Committee again asks the Government to provide information on: (i) the measures adopted to promote and ensure equality of opportunity and treatment of members of all ethnic and indigenous groups, including their right to engage without discrimination in their traditional occupations and livelihoods, with respect to access to vocational training and guidance, placement services, employment and particular occupations, as well as terms and conditions of employment; (ii) any assessment made of their impact; and (iii) the participation rates of ethnic minorities and indigenous peoples in education, vocational training and employment.

2. Migrant workers. Referring to its previous comments regarding substandard working and living conditions of migrant workers, the Committee notes with regret that the Government does not provide any information in that regard. The Committee further refers to its 2022 observation made on the application of the Forced Labour Convention, 1930 (No. 29) regarding the abusive working conditions of migrant workers that could amount to the exaction of forced labour. The Committee again asks the Government to provide information on: (i) any measures implemented to ensure that migrant workers are protected against discrimination based on race, colour and national extraction in employment and occupation; and (ii) the number, nature and outcome of cases of discrimination against migrant workers detected or reported to the labour inspectorate, the courts or any other competent authorities.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication that several activities, including training activities have been implemented to raise public awareness and provide clarifications on the Labour Law, as revised in 2021, including with the assistance of the ILO. It notes with interest the Government’s indication that, by order No. A/54 of 27 April 2023 of the Minister of Labour and Social Protection, the checklist for supervising the implementation of the Labour Law was newly approved, and it is now possible to check the implementation of section 6 of the Labour Law by verifying whether the organization's internal labour standards are discriminatory or provide preferential treatment (inspection sheet 07.1.1). The Committee notes that, in 2023, planned inspections were carried out in a total of 1,337 enterprises in sectors such as mining, construction, transport, processing plants, vocational training and production centres, with the use of the 07.1.1 inspection sheet. Observing that the Government does not provide information on the outcome of these inspections, the Committee notes the Government’s statement that it is plans to monitor the implementation of the Labour Law in 2024–25. The Committee asks the Government to continue to provide information on: (i) the activities taken to prevent and address discrimination in employment and occupation, including by raising public awareness of and providing training on the relevant legislative provisions, the procedures and remedies available; (ii) the results of the assessment regarding the implementation of the Labour Law planned in 2024–25 with respect to discrimination; and (iii) the number, nature and outcome of cases of discrimination in employment and occupation dealt with by the labour inspectorate, the National Human Rights Commission, the courts or any other competent authorities.

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

Previous comments (observation and direct request)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination.Legislation. The Committee recalls that section 6.1 of the Labour Law which prohibits direct and indirect discrimination in employment and occupation on a certain number of grounds does not explicitly refer to “colour” (but to “appearance” instead) and “national extraction” (as meaning a person’s place of birth, ancestry or foreign origin). It notes that the Government does not reply to its previous comments in this respect. The Committee once again asks the Government to confirm that “appearance” also covers “skin colour” and, if not, to take steps to explicitly prohibit discrimination based on “colour” and “national extraction” in the national legislation. It asks the Government to provide information on any progress made in that regard, including in collaboration with the employers’ and workers’ organizations. Pending the adoption of such provisions, the Committee asks the Government to indicate how employees and applicants are protected against discrimination based on colour and national extraction in practice, as well as any awareness-raising activities undertaken in that regard among workers, employers and their respective organizations, and law enforcement authorities.

Article 1(a). Inherent requirements of a particular job. The Committee recalls that: (1) section 6.5.6 of the Law on the Promotion of Gender Equality (LPGE) of 2011, allows for sex-specific job recruitment “based on a specific nature of some workplaces such as in pre-school education institutions”; and (2) the scope of other provisions of the LPGE may be overly broad in permitting sex-based distinctions, such as in the “provision of health, educational and other services designed to cater for the specific needs of one particular sex” (section 6.5.1) and in respect of employment in specific “workplace facilities” (section 6.5.2). The Committee notes with regret that, once again, the Government does not provide information in that regard. Recalling that the concept of inherent requirements must be interpreted restrictively so as to avoid an undue limitation of the protection against discrimination provided by the Convention, the Committee once again asks the Government to take steps to amend sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE to ensure that these exceptions to the prohibition of discrimination in employment and occupation are strictly limited to the inherent requirements of particular jobs – on a case by case basis – and do not lead in practice to direct or indirect discrimination based on sex. It asks the Government to provide information on the nature, circumstances and outcome of any cases addressed by the competent authorities involving sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE.

Articles 2 and 3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication, in its report, that in spite of the measures taken to provide women with equal opportunities for employment, self-employment and entrepreneurship, economic participation and opportunities have declined. In that regard, the Committee observes that, according to ILOSTAT, in 2022 the labour force participation of women was still 14.9 percentage point lower than that of men (53.5 per cent and 68.4 per cent, respectively), with 39.9 per cent of women being in informal employment (compared to 48.2 per cent for men). According to the National Statistics Office, the employment rate of women remains mostly unchanged since 2020, being estimated at 48.5 per cent in 2022 compared to 61.5 per cent for men, while a greater proportion of women have at least a secondary education (91.5 per cent of women compared to 86.1 per cent of men). While women represented 42.9 per cent of workers in management positions, the Committee observes that the number of women in management positions dropped sharply from 40,962 in 2020 to 29,688, in 2022. Furthermore, it is men who are still mostly represented in mining, transport and construction (representing 85 per cent; 84.8 per cent and 82.9 per cent of the workers employed in these sectors, respectively), while women the ones are mostly represented in the accommodation and food services, health and education sectors (representing 82.3 per cent, 81.4 per cent and 76.6 per cent of the workers employed in these sectors, respectively). With regard to occupational gender segregation, the Committee also refers to its observation on the application of the Equal Remuneration Convention, 1951 (No. 100), regarding the wide and increasing gender pay gap. The Committee further notes that, in their 2022 concluding observations, both the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) and the Committee on Economic Social and Cultural Rights (CESCR) expressed concerned about: (1) the persistence of deep-rooted patriarchal attitudes and discriminatory stereotypes; (2) the continued underrepresentation of women and girls in non-traditional fields of study and career paths; (3) the lack of targeted measures to promote women’s economic empowerment; (4) the limited access of rural women to land ownership and use, formal employment, training opportunities, income-generating opportunities and microcredit; (5) the insufficient measures to reconcile parents’ childcare and family responsibilities with their professional lives, to the disadvantage of women’s employment; (6) the lack of affordable childcare facilities; and (7) the fact that women hold only a minority of leadership and decision-making positions (CEDAW/C/MNG/CO/10, 12 July 2022, paragraphs 20, 28, 34 and 36; and E/C.12/MNG/CO/5, 10 November 2022, paragraph 20).The Committee welcomes the Government’s indication that in order to address this situation: (1) the “gender-sensitive workplace policy” was approved by Resolution No. 38 of 12 December 2022, by the Tripartite National Committee for Labour and Social Partnership, in order to require companies to develop and implement their own gender plans and, since the beginning of 2023, about 120 enterprises and their human resources employees in Ulaanbaatar and 4 provinces of the region have been trained in that regard; (2) a revised draft version of the Law on State and Locally Owned Companies was submitted in May 2022 to the Parliament in order to require an increase in the participation of women in the board of directors of state-owned companies; and (3) actions are being developed to increase the number of girls and women studying information technology and STEM (science, technology, engineering and math) and to increase the number of men studying in the health and education areas. In that regard, the Committee notes with interest the adoption of the Cross-Sectoral Strategic Plan for Promoting Gender Equality in Mongolia (2022-2031) which sets the following specific objectives: (1) reducing gender discrimination in the labour market, including by establishing and operating a platform for effective collaboration amongst the Government, employers’ and workers’ organizations, media and relevant international partners; (2) eliminating gender stereotypes and creating economic incentives to promote gender equality, including by showcasing best practices in supporting women’s employment opportunities; (3) promoting women’s representation in politics and in leadership at the decision-making level; (4) strengthening the national machinery for gender equality and promoting cooperation and partnership; and (5) improving the collection of sex-disaggregated data, gender statistics and gender analysis for the policy planning, implementation and reporting processes. Welcoming the measures taken, the Committee asks the Government to pursue and strengthen its efforts, in collaboration with workers’ and employers’ organizations, to address persistent vertical and horizontal occupational gender segregation and enhance women’s access to a wider range of jobs and higher-level positions. It asks the Government to provide information on: (i) any measures implemented to that end, in the framework of the Cross-Sectoral Strategic Plan for Promoting Gender Equality in Mongolia (2022-31) or otherwise, in particular to combat gender inequalities and stereotypes; (ii) the implementation of the “gender-sensitive workplace policy” and the development of gender plans by companies; (iii) the reconciliation of work and family responsibilities and the promotion of equitable sharing of family responsibilities between parents; (iv) any assessment made of the impact of these measures on women’s access to employment, including access to self-employment and entrepreneurship, land and credit, in particular for rural women; and (v) the participation of men and women in employment, both in the public and private sectors, disaggregated by economic sector, where possible.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(1) of the Convention. Definition of direct and indirect discrimination. With reference to its observation, the Committee notes that the new Labour Law adopted on 2 July 2021 now provides for a definition of “direct discrimination” and “indirect discrimination” (section 6.2). It notes, however, that “indirect discrimination” is defined as “any decision and action that discriminates against an individual or a group of persons, restricts their rights, and deprives them of equality and opportunities by establishing privileges on the grounds specified …”. The Committee observes that, according to the Law on the Promotion of Gender Equality (LPGE), “indirect gender discrimination” is defined as “the placing of a person of one sex in a disadvantaged situation compared to a person of the opposite sex in the same or similar circumstances as an effect of seemingly gender neutral standards and/or practices” (section 4.1.6). In this regard, the Committee recalls that it considers that “indirect discrimination” refers to “apparently neutral situations, regulations or practices which in fact result in unequal treatment of persons with certain characteristics. [Such discrimination] occurs when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job” (see the 2012 General Survey on the fundamental Conventions, paragraph 745). The Committee asks the Government to seize the opportunity of any future review of the Labour Law to take steps to amend the provisions defining “indirect discrimination” to align them with the above definition and the definition provided in the LPGE.

Prohibited grounds of discrimination and additional grounds. With reference to its observation, the Committee notes that the list of prohibited grounds of discrimination now covers “political opinion” as well as “appearance” which could include the ground of “colour” as enumerated in Article 1(1)(a) of the Convention. With respect to the ground of “national extraction”, the Committee notes that the Government indicates in its report that, in the draft Labour Law, it was covered by “origin” and “descent”. It observes however that in the English version of the adopted Labour Law neither “origin” nor “descent” are reflected in the list of prohibited discrimination grounds in section 6.1. The Committee asks the Government to confirm that “appearance” also covers “colour” and that “national extraction” – as meaning a person’s place of birth, ancestry or foreign origin – is covered by one or more grounds specified in section 6.1 of the Labour Law, specifying the grounds concerned.

Articles 1(1), 2 and 3(c). Discrimination based on sex and promotion of equality of treatment for men and women. Workers with family responsibilities. With reference to its observation, the Committee notes the new Labour Law: (1) removes the provisions that allowed for the adoption of a general prohibition on the employment of women in specified jobs and (2) extends provisions which in the previous Labour Law, were exclusively applicable to women workers with children under 8 years of age to all men workers with children under 3 years of age, such as the prohibition of overtime (section 91.4), night work (section 88.5) or going to a business trip (section 141.1), except with their consent, and the possibility of working from home or from a distance (section 140.1). The new Labour Law also prohibits work during public holidays or weekends for men and women workers with children under 3 years of age, except with their consent (section 98.2). The Committee also notes the inclusion of provisions, in the Labour Law, extending the right to parental leave (previously “baby care leave” for mothers of children under 3 years of age) to fathers of children under 3 years of age (section 139). With respect to termination of employment, the Committee notes, however, that, with a few exceptions, the prohibition on the termination of the employment relationship applies only to mothers and to single fathers with children under 3 years of age (section 135.1). The Committee asks the Government to take proactive steps to raise public awareness about the absence of restrictions on the recruitment of women in certain occupations and the rights provided by the new Labour Law to both men and women workers with children under three years of age. It also asks the Government to consider extending the prohibition of termination of employment of mothers and single fathers with children under 3 years of age to all fathers with children under 3 years of age. The Committee asks the Government to provide any available information, disaggregated by sex, on the number of workers who were granted a parental leave under section 139 of the Labour Law.

Article 1(1)(a). Discrimination based on sex. Retirement age. Recalling its previous comments concerning section 4 of the Law on Pensions and Benefits, which provides for different retirement ages for men and women, and the possible discriminatory effect of this provision, the Committee notes the Government’s indication in its report that, once the draft Revised Labour Law is adopted, the issue of retirement age will be discussed by the social partners. Noting that the new Labour Law was adopted in June 2021, the Committee encourages the Government once again to ensure that the working life of women is not shortened in a discriminatory manner and to amend the Law on Pensions and Benefits accordingly. It asks the Government to provide information on any steps taken in this regard.

Sexual harassment. The Committee notes that the new Labour Law includes provisions prohibiting both quid pro quo and hostile environment sexual harassment (section 7). The Committee recalls that quid pro quo sexual harassment refers to “any physical, verbal or non-verbal conduct of a sexual nature and other conduct based on sex affecting the dignity of women and men which is unwelcome, unreasonable and offensive to the recipient; and a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects that person’s job” (2012 General Survey, paragraphs 789–794). It observes that the provisions regarding quid pro quo “sexual harassment” in section 7.2 is unclear and does not clearly reflect these key elements. In addition, the Committee recalls that, in its previous comments, it had requested the Government to amend the definition of “sexual harassment” in the LPGE in so far as it refers to “sexual intercourse”, to ensure that all forms of behaviours with a sexual connotation are covered. The Committee further notes the Government’s indication in its national report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that 584 organizations (17 ministries and agencies, 533 local government agencies and 34 NGOs) “included the arrangement on the prevention of workplace sexual abuse in their internal labour regulations”. The Committee asks the Government to consider including in the Labour Law a clear definition of quid pro quo sexual harassment and review the definition in the LPGE, to ensure that it encompasses all forms of behaviours with a sexual connotation. It further asks the Government to provide information on: (i) the implementation in practice of the provisions of the Labour Law imposing a duty on the employer to put in place procedures to prevent and address sexual harassment; (ii) the outcome, including sanctions and remedies, of any case of sexual harassment dealt with by the National Human Rights Commission and the courts; (iii) the content of the “arrangement on the prevention of workplace sexual abuse” to which the Government referred in its 2020 report to the CEDAW; and (iv) the development of regulations on sexual harassment applicable to public officials mentioned in its previous comment.

Discrimination based on race and colour. Migrant workers. Recalling that both nationals and non-nationals should be protected from discrimination in employment and occupation based on the grounds covered by the Convention, the Committee notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD), in its final observations, expressed concern “about the substandard working and living conditions of migrant workers and about the lack of effective monitoring and inspection mechanisms to ensure that they enjoy the same working conditions as Mongolian workers” (CERD/C/MNG/CO/23-24, 17 September 2019, paragraph 17). The Committee asks the Government to provide information on the situation of migrant workers and any measures taken to ensure that they are protected effectively against all forms of discrimination in employment and occupation, including through appropriate control and enforcement mechanisms.

Articles 1(1)(a) and 1(2). Discrimination based on political opinion. Inherent requirements of the job. Civil service. With respect to its previous comments concerning the practice of dismissing public officials because of their political opinion, particularly after general and local elections, the Committee notes the Government’s reference to provisions of the Revised Civil Service Law describing the circumstances in which “core civil servants” are prohibited from expressing political views. The Committee recalls that “cases where political opinion is taken into consideration as a prerequisite for a given job should be objectively examined under judicial scrutiny to determine whether this prerequisite is actually justified by the inherent requirements of the particular job” (2012 General Survey, paragraph 805). To determine whether the legal prohibition on expressing political views meets the criteria of inherent requirements of the job within Article 1(2) of the Convention, the Committee asks the Government to provide specific information on the exact meaning of “core civil servants”, specifying the occupations covered and the extent to which each individual case is carefully examined. It further asks the Government to take effective steps to ensure that civil servants in general are effectively protected against discrimination based on political opinion, in accordance with Article 1(1)(a) of the Convention and to consider the possibility of adopting, in the near future, a restrictive list of jobs in the public service for which foregoing expression of political opinion can be considered an inherent requirement.

Article 1(3). Protection against discrimination in employment and occupation. The Committee notes that the Labour Law refers in section 6 to the prohibition of discrimination in “employment and labour relations”. Recalling that, pursuant to Article 1(3) of the Convention, the terms “employment and occupation” include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment, the Committee asks the Government to indicate whether the expression “employment and labour relations” used in the Labour Law covers these different aspects of employment and occupation, in particular access to vocational training, employment and particular occupations.

Articles 2 and 3. Measures to promote equality of opportunity and treatment of men and women. The Committee notes that the Government’s report refers to the website of the Mongolian Statistical Information Service for statistics disaggregated by sex regarding the labour force. The Committee notes from the 2019 Report of the National Gender Equality Committee that “women’s labour force participation is falling” and “average incomes are lower than men’s with no sign of increasing”. The report also indicates inter alia that: (1) “discrimination against women of reproductive-age in recruitment and employment continues and concentration of women and men in different sectors and occupations as well as their career promotion opportunities remain the same”; (2) “young women tend to fall victim to low quality education which fails to match labour market demand that leads to the horizontal gender disparity in employment in the years ahead”; and (3) “women’s entrepreneurship is further hampered by their limited land and property rights”. The Committee welcomes the Government’s indication in its 2020 report to the CEDAW that, within the framework of the implementation of the Action Plan of the National Program on Gender Equality (NPGE), the tasks to prepare the “Guidelines for Developing and Implementing Gender Equality Plans in Business Organizations”, to develop and approve a “Gender Sensitive Workplace Policy” were included in the National Tripartite Labour and Social Agreement for 2019-2020 (CEDAW/C/MNG/10, 4 May 2020, paragraph 20). In light of the above, in particular the findings of the National Gender Equality Committee, the Committee asks the Government to provide information on the implementation of the NPGE, in particular: (i) the measures taken to ensure that women have equal access to employment, including access to self-employment and entrepreneurship, and to promote their access to employment including through the development of their access to credit and land; (ii) the measures taken to address occupational gender segregation, including through vocational guidance and training, and (iii) any specific measures taken to address discrimination against young women at the recruitment stage. The Committee also asks the Government to provide information on the development and approval of the “Guidelines for Developing and Implementing Gender Equality Plans in Business Organizations” and the “Gender Sensitive Workplace Policy”, as well as information on their content and implementation.

Measures to promote equality irrespective of race, colour or national extraction. Ethnic minorities and indigenous peoples, including Tsaatans. With respect to the economic situation of Tsaatans, the Committee notes the Government’s indication that the provision of benefit equal to minimum subsistence level to Tsaatan citizens in Taiga was renewed and approved by the Regulation No. A/198 of Ministry of Labour and Social Protection, of 10 July 2018. The Committee notes however that the CERD, in its final observations, was concerned about “the low number of Kazakhs, Tuvas and Tsaatans (Dukhas) who have completed primary, secondary and higher education compared with the national average” and “the poor quality of education in the official language of the State party that is provided to ethnic minorities and indigenous peoples, which prevents them from accessing high-ranking positions in the administration and passing the entrance examinations for universities”. The CERD also noted “with concern the high unemployment rates of the Kazakhs, Tsaatans (Dukhas) and Tuvas compared with the national average” and was concerned “that ethnic minorities continue to face discrimination in accessing employment, including in public service in Bayan-Ulgii Province” (CERD/C/MNG/CO/23-24, paragraphs 19 and 21). The Committee asks the Government to provide specific information on the measures adopted to promote and ensure equality of opportunity and treatment of members of all ethnic and indigenous groups, including their right to engage without discrimination in their traditional occupations and livelihoods, with respect to access to vocational training and guidance, placement services, employment and particular occupations, and terms and conditions of employment.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government's attention to its general observation of 2018 and asks the Government to provide information in response to the questions raised in that observation.

Persons with disabilities. The Committee welcomes the inclusion in the Labour Law of provisions regarding the duty on employers to provide employment opportunities to persons with disabilities (“developmentally challenged persons”), the employment quota (increased from 3 to 4 per cent for enterprises of 25 or more employees) and sanctions in a case of a failure to comply. The Government indicates that, by a Government Resolution of 2019, sanctions were also increased and differentiated according to the geographical location of the entities. With regard to the “Employment Promotion Program for Persons with Disabilities”, the Committee notes the Government’s indication that, in 2015-2020 (April), a total of 12.4 billion Mongolian tögrög (MNT) was allocated by the Employment Promotion Fund for the implementation of the which benefitted to 17,431 persons with disabilities of whom 3,609 found permanent jobs and 305 found temporary jobs. It further notes that a survey conducted in 2018 by the Research Institute of Labour and Social Protection among the entities identified the following reasons why persons with disabilities are not employed: lack of positions in which persons with disabilities can work; lack of skills meeting the requirements; and difficulty in adapting workplaces. The Committee asks the Government to continue to provide information on the legal and practical measures adopted to promote equal opportunities and to address the remaining barriers faced by persons with disabilities to accessing employment, in particular those identified in the 2018 Survey of the Research Institute of Labour and Social Protection.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication that the Criminal Code was amended to include penalties for “discrimination based on origin, descent, colour, age, sex, social origin, wealth, job holding, position, religion, opinion, education, sexual and gender orientation, and medical condition”. It also notes that the Government indicates that there are no statistics available on the complaints filed with the Labour Dispute Settlement Commission and that training courses on the resolution of disputes were organized to improve the capacity of the social partners, including in the cooperation with the ILO. The Committee asks the Government to provide information on the measures taken to effectively implement and enforce the national legislation and to raise awareness of all forms of discrimination based on the grounds protected under the Labour Law, the Penal Code and the Convention. It also asks the Government to continue to provide specific information on: (i) the training activities carried out among law enforcement officials, workers and employers and their respective organizations, including on the remedies and procedures available; and (ii) the number, nature and outcome of any cases or complaints on discrimination in employment and occupation dealt with by labour inspectors, the courts or any other competent authorities.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1, 2 and 3(c) of the Convention. Legislative developments. New Labour Law. The Committee notes that the new Labour Law was adopted on 2 June 2021 and will enter into force on 1 January 2022. The Committee notes with satisfaction that the Labour Law: (1) defines and prohibits both direct and indirect discrimination; (2) limits the exceptions to discrimination to the inherent requirements of the work or duty performed and special protective measures; (3) broadens significantly the list of prohibited grounds of discrimination, including “political opinion” and many additional grounds such as “ethnicity”, “language”, “age”, “marital status”, “trade union membership”, “health status”, “pregnancy or childbirth”, “sexual orientation”, “sexual expression”, “disability” and “appearance”; (4) removes the provisions that allowed for the adoption of a general prohibition on the employment of women in specified jobs; (5) extends rights to fathers of children under 3 years of age, including the right to parental leave; (6) defines and prohibits sexual harassment and includes provisions regarding awareness-raising, prevention and the resolution of complaints; and (7) introduces provisions regarding violence and harassment “in employment and labour relations”. Emphasizing the importance of these significant positive legislative developments, the Committee asks the Government to take steps to ensure the wide dissemination of the new Labour Law across the country and raise awareness concerning the practical application of the new provisions regarding non-discrimination, workers with family responsibilities, violence, harassment and sexual harassment for workers, employers and their respective organizations, as well as labour inspectors and officials and judges.

Article 1(2). Inherent requirements of the job. Legislation. The Committee recalls that the provisions of the Law on Promotion of Gender Equality of 2011 (LPGE) regarding exceptions to gender discrimination are overly broad in permitting sex-based distinctions (in particular sections 6.5.1, 6.5.2 and 6.5.6) and go beyond what is permitted under Article 1(2) regarding inherent requirements of a particular job. With reference to the above, the Committee notes that in the new Labour Law the exceptions to discrimination are limited to the inherent requirements of the work or duty performed and special protective measures (sections 6.3.1 and 6.3.2). Welcoming this development, the Committee once again urges the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the Law on Promotion of Gender Equality in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment, and that they are consistent with the provisions of the Labour Law in this respect.

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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that the new draft Labour Law prohibits direct and indirect discrimination on a set of grounds that now include explicitly the grounds of colour and political opinion, which were not expressly contemplated in the previous draft. According to the Government’s report, the new Labour Law will provide for the prohibition of discrimination in employment and occupation based on the following grounds: “origin, descent, race, colour, age, gender, appearance, disability, social origin, social and marital status, pregnancy, family responsibilities, HIV/AIDS, sexual orientation, wealth, religion, opinion, or political opinion”. The Committee asks the Government to confirm that the ground of “national extraction” listed in Article 1(1)(a) of the Convention is covered by the grounds of “origin” and “descent” included in the new draft Labour Law. The Committee hopes that the new Labour Law will soon be adopted and will be in conformity with the Convention.

Discrimination based on sex. Retirement age. The Committee recalls its previous comments concerning section 4 of the Law on Pensions and Benefits, which provides for different retirement ages for men and women, and the possible discriminatory effect of this provision. It notes the Government’s indication that the 2012 National Policy announced the Government’s intention to harmonize the retirement ages of men and women and that this issue is likely to be addressed in the future. The Committee encourages the Government to use the opportunity provided by the reform being undertaken of the Labour Law to ensure that the working life of women is not shortened in a discriminatory manner and to amend the Law on Pensions and Benefits accordingly.

Sexual harassment. The Committee recalls that section 11.4 of the Law on the Promotion of Gender Equality (LPGE) prohibits sexual harassment and requires employers to take steps to prevent sexual harassment at the workplace, including by establishing complaint mechanisms. The Committee notes that in 2014 the National Human Rights Commission of Mongolia (NHRCM) undertook a survey of 24 organizations and 514 individuals in order to assess the effectiveness of the LPGE. The survey revealed that nearly 70 per cent of the employers participating in the survey had no internal regulations or mechanisms to receive complaints concerning sexual harassment. The survey also indicated that victims of sexual harassment did not file complaints due to a number of factors, including lack of awareness of the relevant procedures and the absence of accountability measures. The Committee notes from the Government’s report that a number of awareness-raising campaigns on sexual harassment have been conducted in collaboration with the social partners. It also notes that the Confederation of Mongolian Trade Unions (CMTU) is working with the State Administrative Council to develop regulations on sexual harassment applicable to public officials and is collaborating with the Parliamentary Standing Committee to strengthen legal provisions related to sexual harassment at work. The Committee notes that, following the reform of the Criminal Code in 2015, sexual harassment is now considered to be a crime and the new draft Labour Law imposes specific penalties in this regard. The Committee asks the Government to step up its efforts to prevent and prohibit sexual harassment at work and to continue providing information on the application in practice of section 11.4 of the LPGE. The Government is also asked to provide information on the impact of the revised Criminal Code on the prevention and sanctioning of cases of sexual harassment in the workplace. The Committee further asks the Government to ensure that the final draft of the Labour Law covers both quid pro quo and hostile environment sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that, as a result of the gender quota established in the 2011 Law on Parliamentary Elections, currently 14.5 per cent of the members of Parliament are women. They also account for 19 per cent of state secretaries and hold 26 per cent of senior positions in ministries. However, no further information is provided concerning the implementation of the quotas set out in section 10 of the LPGE in order to increase women’s participation in the public sector in leadership positions. The Committee notes from the report submitted by the NHRCM to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 2016 that the implementation of the LPGE remains weak due to the lack of capacity of the public officials responsible at the national and local levels and the limited awareness among the public, including employers, concerning this legislation. The Committee notes that the Mid-term Strategy and Action Plan on the implementation of the LPGE (2013–16) aims to strengthen national capacities to implement the LPGE and provides for the setting up of a gender specific database of statistics. It also notes that Resolution No. 1/4 of 2013 of the Chair of the National Statistics Committee calls for the compilation of gender statistics based on 216 indicators, including on employment and sexual harassment. Concerning vocational training, the Committee notes that 53.5 per cent of beneficiaries of career-counselling services provided by the Government in 2013 were women. It further notes the measures envisaged by the Government to address the high drop-out rates of boys from school, in particular the provision of education to first grade pupils from herding families through alternative home-based options. The Committee asks the Government to supply information on the specific steps taken under the Mid term Strategy and Action Plan for the implementation of the LPGE, including any steps taken to achieve the quotas established in sections 7.2.2 and 10 of the LPGE and to promote broader participation by women in vocational training courses (other than those traditionally dominated by women), and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market. In this regard, the Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Government is also asked to continue providing information on the progress made in compiling gender disaggregated statistics, in relation to education, training, employment and occupation, and on the measures adopted to improve access to education for boys and girls from herders’ families and to reduce school drop-out rates.

Discrimination on the basis of political opinion. The Committee refers to its previous comments concerning the practice of dismissing public officials because of their political opinion, particularly after general and local elections. It notes from the Government’s report that a study in 2014 on labour disputes brought before the Supreme Court revealed that 80 public organizations paid a total of 397 million Mongolian tughrik (MNT) to public officials who were dismissed without a valid reason. While noting that political opinion is explicitly included in the prohibited grounds of discrimination under the new draft Labour Law, the Committee once again asks the Government to indicate the specific measures adopted to ensure that public officials are effectively protected against discrimination based on political opinion.

Measures to promote equality irrespective of race, colour or national extraction. Tsaatans. The Committee notes the Government’s indication that Tsaatans continue to face economic marginalization and that the pressure on their traditional lands and livelihoods has increased because of the growth of the mining industry and the impact of tourism. In this regard, the Committee also notes the concerns expressed by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) at the adverse impact of mining projects on herders’ economic, social and cultural rights and the inadequacy of the legal framework to protect their rights to pasture, hay land and water resources (E/C.12/MNG/CO/4, 7 July 2015, paragraph 8). The Committee notes from the Government’s report that special measures have been adopted to ensure access to education for Tsaatan students. It also notes that the monthly subsidy for herders’ families has been reinstated. The Committee asks the Government to continue providing information on the specific measures adopted to ensure equality of opportunity and treatment of the Tsaatans, including any measures to protect their right to engage without discrimination in their traditional occupations and livelihoods, including with regard to access to land and natural resources.

Persons with disabilities. Noting the Government’s indication that a Plan of Action has been adopted to improve equality of opportunity and treatment of persons with disabilities, the Committee asks the Government to provide information on the specific measures adopted or envisaged under this Plan with regard to education, vocational training, employment and occupation, and on their impact. Referring to the concerns expressed by the United Nations Committee on the Rights of Persons with Disabilities (CRPD) with regard to the inadequacy of the sanctions imposed for non-compliance with the legislative requirement for public and private entities with more than 25 personnel to have 4 per cent of workers with disabilities, as well as the possible discriminatory effects of the legislation limiting the maximum number of working hours a week to 36 for persons with disabilities (CRPD/C/MNG/CO/1, 13 May 2015, paragraph 40), the Committee asks the Government to indicate the specific measures adopted or envisaged to promote access to employment and occupation of persons with disabilities, including the steps taken to ensure the implementation of the employment quotas, and their impact.

Supervision and enforcement. The Committee notes the Government’s indication that an initiative has been launched in collaboration with the National University of Mongolia with a view to establishing a database on labour-related complaints registered with the NHRCM or filed with the courts, including cases relating to the application of the Convention. The Committee also notes that amendments of the Criminal Code to include penalties for discriminatory acts are still under consideration. The Committee once again asks the Government to ensure that, in creating an integrated labour relations database, information on the number and nature of the complaints filed with the Labour Dispute Settlement Commission pursuant to section 7.2 of the Labour Law is also included, with the remedies provided and sanctions imposed. The Committee reiterates its request to the Government to provide information on the measures adopted to raise employees’ awareness of existing complaints mechanisms. The Government is also asked to continue supplying information on any changes made to the Criminal Code in relation to penalties for discriminatory acts in the workplace.

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

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. Legislative developments. The Committee refers to its previous comments on the elaboration of the new Labour Law and notes the Government’s indication that the new draft Labour Law will, when adopted, contribute significantly towards bringing the national legal framework into line with the Convention, including as regards prohibited grounds of discrimination, the exclusion of women from certain occupations, sexual harassment, restrictions relating to the inherent requirements of the job, and the protection of workers with family responsibilities. The Committee welcomes these changes and hopes that the new Labour Law will soon be adopted and will be in full conformity with the Convention.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. 1/204 of 1999 which was annulled in 2008. It notes the Government’s indication that this change was not well publicized, with the result that many employers still consider these restrictions to be in force. The Government also indicates that under the new draft Labour Law it will not be competent to adopt a list of prohibited jobs for women. The Committee asks the Government to take proactive steps to raise public awareness about the absence of restrictions on the recruitment of women in certain occupations and asks the Government to ensure that the new Labour Law will strictly limit the exclusion of women from certain occupations to measures aimed at protecting maternity.

Article 1(2). Inherent requirements. The Committee refers to its previous comments concerning section 6.5.6 of the Law on Promotion of Gender Equality of 2011 (LPGE) which allows for sex-specific job recruitment “based on a specific nature of some workplaces such as in pre-school education institutions”. The Committee also noted that the scope of other provisions of the LPGE are overly broad in permitting sex-based distinctions (sections 6.5.1 and 6.5.2). The Committee notes from the Government’s report that such limitations are not contemplated in the new draft Labour Law which conforms to the concept of inherent requirements of a particular job enshrined in Article 1(2) of the Convention. The Committee urges the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment, and hopes that the provisions related to inherent requirements of the job in the new Labour Law will be in conformity with the Convention, and will be adopted soon.

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

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1(1) of the Convention. Prohibited grounds of discrimination. The Committee notes the Government’s indication that the new draft Labour Law prohibits direct and indirect discrimination on a set of grounds that now include explicitly the grounds of colour and political opinion, which were not expressly contemplated in the previous draft. According to the Government’s report, the new Labour Law will provide for the prohibition of discrimination in employment and occupation based on the following grounds: “origin, descent, race, colour, age, gender, appearance, disability, social origin, social and marital status, pregnancy, family responsibilities, HIV/AIDS, sexual orientation, wealth, religion, opinion, or political opinion”. The Committee asks the Government to confirm that the ground of “national extraction” listed in Article 1(1)(a) of the Convention is covered by the grounds of “origin” and “descent” included in the new draft Labour Law. The Committee hopes that the new Labour Law will soon be adopted and will be in conformity with the Convention.

Discrimination based on sex. Retirement age. The Committee recalls its previous comments concerning section 4 of the Law on Pensions and Benefits, which provides for different retirement ages for men and women, and the possible discriminatory effect of this provision. It notes the Government’s indication that the 2012 National Policy announced the Government’s intention to harmonize the retirement ages of men and women and that this issue is likely to be addressed in the future. The Committee encourages the Government to use the opportunity provided by the reform being undertaken of the Labour Law to ensure that the working life of women is not shortened in a discriminatory manner and to amend the Law on Pensions and Benefits accordingly.

Sexual harassment. The Committee recalls that section 11.4 of the Law on the Promotion of Gender Equality (LPGE) prohibits sexual harassment and requires employers to take steps to prevent sexual harassment at the workplace, including by establishing complaint mechanisms. The Committee notes that in 2014 the National Human Rights Commission of Mongolia (NHRCM) undertook a survey of 24 organizations and 514 individuals in order to assess the effectiveness of the LPGE. The survey revealed that nearly 70 per cent of the employers participating in the survey had no internal regulations or mechanisms to receive complaints concerning sexual harassment. The survey also indicated that victims of sexual harassment did not file complaints due to a number of factors, including lack of awareness of the relevant procedures and the absence of accountability measures. The Committee notes from the Government’s report that a number of awareness-raising campaigns on sexual harassment have been conducted in collaboration with the social partners. It also notes that the Confederation of Mongolian Trade Unions (CMTU) is working with the State Administrative Council to develop regulations on sexual harassment applicable to public officials and is collaborating with the Parliamentary Standing Committee to strengthen legal provisions related to sexual harassment at work. The Committee notes that, following the reform of the Criminal Code in 2015, sexual harassment is now considered to be a crime and the new draft Labour Law imposes specific penalties in this regard. The Committee asks the Government to step up its efforts to prevent and prohibit sexual harassment at work and to continue providing information on the application in practice of section 11.4 of the LPGE. The Government is also asked to provide information on the impact of the revised Criminal Code on the prevention and sanctioning of cases of sexual harassment in the workplace. The Committee further asks the Government to ensure that the final draft of the Labour Law covers both quid pro quo and hostile environment sexual harassment.

Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that, as a result of the gender quota established in the 2011 Law on Parliamentary Elections, currently 14.5 per cent of the members of Parliament are women. They also account for 19 per cent of state secretaries and hold 26 per cent of senior positions in ministries. However, no further information is provided concerning the implementation of the quotas set out in section 10 of the LPGE in order to increase women’s participation in the public sector in leadership positions. The Committee notes from the report submitted by the NHRCM to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in 2016 that the implementation of the LPGE remains weak due to the lack of capacity of the public officials responsible at the national and local levels and the limited awareness among the public, including employers, concerning this legislation. The Committee notes that the Mid-term Strategy and Action Plan on the implementation of the LPGE (2013–16) aims to strengthen national capacities to implement the LPGE and provides for the setting up of a gender specific database of statistics. It also notes that Resolution No. 1/4 of 2013 of the Chair of the National Statistics Committee calls for the compilation of gender statistics based on 216 indicators, including on employment and sexual harassment. Concerning vocational training, the Committee notes that 53.5 per cent of beneficiaries of career-counselling services provided by the Government in 2013 were women. It further notes the measures envisaged by the Government to address the high drop-out rates of boys from school, in particular the provision of education to first grade pupils from herding families through alternative home-based options. The Committee asks the Government to supply information on the specific steps taken under the Mid term Strategy and Action Plan for the implementation of the LPGE, including any steps taken to achieve the quotas established in sections 7.2.2 and 10 of the LPGE and to promote broader participation by women in vocational training courses (other than those traditionally dominated by women), and their impact in improving equality of opportunity and treatment between men and women in employment and occupation and in addressing gender segregation in the labour market. In this regard, the Committee also refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Government is also asked to continue providing information on the progress made in compiling gender disaggregated statistics, in relation to education, training, employment and occupation, and on the measures adopted to improve access to education for boys and girls from herders’ families and to reduce school drop-out rates.

Discrimination on the basis of political opinion. The Committee refers to its previous comments concerning the practice of dismissing public officials because of their political opinion, particularly after general and local elections. It notes from the Government’s report that a study in 2014 on labour disputes brought before the Supreme Court revealed that 80 public organizations paid a total of 397 million Mongolian tughrik (MNT) to public officials who were dismissed without a valid reason. While noting that political opinion is explicitly included in the prohibited grounds of discrimination under the new draft Labour Law, the Committee once again asks the Government to indicate the specific measures adopted to ensure that public officials are effectively protected against discrimination based on political opinion.

Measures to promote equality irrespective of race, colour or national extraction. Tsaatans. The Committee notes the Government’s indication that Tsaatans continue to face economic marginalization and that the pressure on their traditional lands and livelihoods has increased because of the growth of the mining industry and the impact of tourism. In this regard, the Committee also notes the concerns expressed by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) at the adverse impact of mining projects on herders’ economic, social and cultural rights and the inadequacy of the legal framework to protect their rights to pasture, hay land and water resources (E/C.12/MNG/CO/4, 7 July 2015, paragraph 8). The Committee notes from the Government’s report that special measures have been adopted to ensure access to education for Tsaatan students. It also notes that the monthly subsidy for herders’ families has been reinstated. The Committee asks the Government to continue providing information on the specific measures adopted to ensure equality of opportunity and treatment of the Tsaatans, including any measures to protect their right to engage without discrimination in their traditional occupations and livelihoods, including with regard to access to land and natural resources.

Persons with disabilities. Noting the Government’s indication that a Plan of Action has been adopted to improve equality of opportunity and treatment of persons with disabilities, the Committee asks the Government to provide information on the specific measures adopted or envisaged under this Plan with regard to education, vocational training, employment and occupation, and on their impact. Referring to the concerns expressed by the United Nations Committee on the Rights of Persons with Disabilities (CRPD) with regard to the inadequacy of the sanctions imposed for non-compliance with the legislative requirement for public and private entities with more than 25 personnel to have 4 per cent of workers with disabilities, as well as the possible discriminatory effects of the legislation limiting the maximum number of working hours a week to 36 for persons with disabilities (CRPD/C/MNG/CO/1, 13 May 2015, paragraph 40), the Committee asks the Government to indicate the specific measures adopted or envisaged to promote access to employment and occupation of persons with disabilities, including the steps taken to ensure the implementation of the employment quotas, and their impact.

Supervision and enforcement. The Committee notes the Government’s indication that an initiative has been launched in collaboration with the National University of Mongolia with a view to establishing a database on labour-related complaints registered with the NHRCM or filed with the courts, including cases relating to the application of the Convention. The Committee also notes that amendments of the Criminal Code to include penalties for discriminatory acts are still under consideration. The Committee once again asks the Government to ensure that, in creating an integrated labour relations database, information on the number and nature of the complaints filed with the Labour Dispute Settlement Commission pursuant to section 7.2 of the Labour Law is also included, with the remedies provided and sanctions imposed. The Committee reiterates its request to the Government to provide information on the measures adopted to raise employees’ awareness of existing complaints mechanisms. The Government is also asked to continue supplying information on any changes made to the Criminal Code in relation to penalties for discriminatory acts in the workplace.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Legislative developments. The Committee refers to its previous comments on the elaboration of the new Labour Law and notes the Government’s indication that the new draft Labour Law will, when adopted, contribute significantly towards bringing the national legal framework into line with the Convention, including as regards prohibited grounds of discrimination, the exclusion of women from certain occupations, sexual harassment, restrictions relating to the inherent requirements of the job, and the protection of workers with family responsibilities. The Committee welcomes these changes and hopes that the new Labour Law will soon be adopted and will be in full conformity with the Convention.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. 1/204 of 1999 which was annulled in 2008. It notes the Government’s indication that this change was not well publicized, with the result that many employers still consider these restrictions to be in force. The Government also indicates that under the new draft Labour Law it will not be competent to adopt a list of prohibited jobs for women. The Committee asks the Government to take proactive steps to raise public awareness about the absence of restrictions on the recruitment of women in certain occupations and asks the Government to ensure that the new Labour Law will strictly limit the exclusion of women from certain occupations to measures aimed at protecting maternity.

Article 1(2). Inherent requirements. The Committee refers to its previous comments concerning section 6.5.6 of the Law on Promotion of Gender Equality of 2011 (LPGE) which allows for sex-specific job recruitment “based on a specific nature of some workplaces such as in pre-school education institutions”. The Committee also noted that the scope of other provisions of the LPGE are overly broad in permitting sex-based distinctions (sections 6.5.1 and 6.5.2). The Committee notes from the Government’s report that such limitations are not contemplated in the new draft Labour Law which conforms to the concept of inherent requirements of a particular job enshrined in Article 1(2) of the Convention. The Committee urges the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment, and hopes that the provisions related to inherent requirements of the job in the new Labour Law will be in conformity with the Convention, and will be adopted soon.

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

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Legislative developments. The Committee notes that the new draft Labour Law is currently under elaboration and that it addresses many of the issues raised by the Committee, including the exclusion of women from certain occupations, restrictions relating to the inherent requirements of the job, the protection of workers with family responsibilities and protection against sexual harassment. The Committee hopes that the new Labour Law will soon be adopted and that it will take into account the Committee’s comments and will be in conformity with the Convention.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. A/204 of 1999. In this respect, the Committee notes the Government’s indication that Order No. A/204 of 1999 was annulled by Order No. 107 of 2008 and that the Ministry of Labour and Social Welfare decided, following some studies carried out in order to renew the list of prohibited jobs, that it was not necessary to proceed to such renewal or to adopt a list of prohibited jobs for women. The Government also indicates that under the new draft Labour Law women can only be excluded from certain occupations for reasons of maternity protection. The Committee requests the Government to ensure that the new Labour Law strictly limits the exclusion of women from certain occupations to measures aimed at protecting maternity.

Inherent requirements. The Committee referred in its previous comments to section 6.5.6 of the Law on Promotion of Gender Equality (LPGE) of 2011, which allows for sex-specific job recruitment “based on a specific nature of some workplaces such as in pre-school education institutions”. The Committee also noted that the scope of other provisions of the LPGE may be overly broad in permitting sex-based distinctions, such as in the “provision of health, educational and other services designed to cater for the specific needs of one particular sex” (section 6.5.1) and in respect of employment in specific “workplace facilities” (section 6.5.2). The Committee notes that the definition of inherent requirements in the new Draft Labour Law no longer refers to the limitations set out in the LPGE. The Committee requests the Government to take the necessary measures to ensure that any limitations on protection against discrimination in recruitment are strictly related to the inherent requirements of the particular job, in accordance with Article 1(2) of the Convention. The Committee also asks the Government to review sections 6.5.1, 6.5.2 and 6.5.6 of the LPGE in order to ensure that they do not in practice deny men and women equality of opportunity and treatment in respect of their employment.

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

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

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:

Repetition

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

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

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

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

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

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

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

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

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. Legislative developments. The Committee recalls the adoption on 2 February 2011 of the Law on the promotion of gender equality and asks the Government to provide information on the practical application of the Law on the promotion of gender equality, including the activities carried out by the National Committee on Gender and the number and nature of complaints examined and the outcome thereof, as well as details regarding any proceedings brought before the National Human Rights Commission and the labour dispute resolution process. The Committee also asks the Government to indicate any practical impact of section 11.3 of the Law on preventing discriminatory job advertisements.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. A/204 of 1999. The Committee notes the Government’s indication that section 8(b) of the list under the Order of 1999, which prohibits women from driving a vehicle weighing more than 2.5 tons, is being restated because the State Professional Inspection Agency affirmed that a modern heavy load truck is not harmful for women’s health. The Committee once again recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation (General Survey on fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to ensure that protective measures are strictly limited to protecting maternity and that those measures aimed at protecting women because of their sex or gender based on stereotyped assumptions, in accordance with section 101.1 of the Labour Law and Order No. A/204 of 1999 are repealed. Please provide information on the steps taken in this regard, including the status of section 8(b) of the list under the Order No. A/204 of 1999.

Inherent requirements. The Committee notes that section 6.5.6 of the Law on the promotion of gender equality allows recruitment of a person of particular sex in accordance with section 101 of the Labour Law, or “based on a specific nature of some workplaces such as in preschool education institutions”. It also notes that sections 6.5.1 and 6.5.2 of the Law allows provisions of separate educational services or workplace facilities for men and women, whose scope seems to be too broad as constituting exceptions to gender discrimination. Recalling that the concept of inherent requirements of a particular job must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee asks the Government to take steps to review and revise section 6.5.6 of the Law on the promotion of gender equality. It also asks the Government to indicate how it is ensured that provisions of separate educational services or workplace facilities for men and women under sections 6.5.1 and 6.5.2 of the Law do not in practice deprive men and women of equality of opportunity and treatment in respect of their employment.

Workers with family responsibilities. The Committee recalls section 100 of the Labour Law, which limits protection against dismissal on grounds of care for a child under 3 years of age only to mothers and single fathers. The Committee notes that the Law on the promotion of gender equality prohibits preferential treatment in employment or dismissal based on sex, pregnancy, child caretaking roles or family status (section 11.1), and that incorporation in collective agreements of provisions on the creation of conditions and opportunities for men and women to combine their work and family responsibilities is required (section 11.2). The Committee asks the Government to provide information on whether any steps have been taken or envisaged to amend section 100 of the Labour Law, with a view to aligning it with the provisions of the Law on the promotion of gender equality. It also asks the Government to provide information on the practical application of sections 11.1 and 11.2 of the Law on the promotion of gender equality, including the number and nature of discrimination cases handled by the courts or the National Human Rights Commission, on grounds of family responsibilities. Please further provide any examples of collective agreements incorporating provisions aimed at the creation of conditions and opportunities for men and women to combine their work and family responsibilities.

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

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. Legislative developments. The Committee recalls the adoption on 2 February 2011 of the Law on the Promotion of Gender Equality. The Committee notes with interest a range of provisions relevant to the Convention. The Law defines and prohibits direct and indirect gender discrimination (section 4.1), including in employment and labour relations (section 11.1), in being employed in civil service (section 10.1), and in education and professional training (section 12.1). The Law also provides for equal access of men and women on equal terms to land and other immovable and movable properties, budget allocations, financial assets, credit, other economic wealth and resources (section 9.2). An employer is obliged to prevent gender discrimination in employment policies and labour relations and to ensure gender equality at the workplace, including through implementing activities based on a plan, refraining from listing preferences of one sex in job vacancies, and providing professional training opportunities for employees returning from absence due to childbirth and childcare (section 11.3). The Committee also notes that the Law establishes the National Committee on Gender (section 18), which has a broad mandate, including to coordinate and organize activities on the formulation, implementation and monitoring of gender policies, programmes and special measures; to review and to issue recommendations on the implementation of legislation, policies, programmes and recommendations made by the international organizations concerning the promotion of gender equality; and to coordinate the establishment of a gender database and an integrated information network. In addition, the Government is obliged to ensure the availability and accessibility of sex disaggregated statistical data (section 5.1.5). Complaints of violations of the Law can be brought before the National Human Rights Commission by persons who consider that they have been discriminated against, as well as trade unions and non-governmental organizations (sections 23.1 and 23.2), and if the ground of complaint is established as related to labour contracts or collective agreements, the case shall be resolved under the labour dispute resolution process (section 24.2). The Committee asks the Government to provide information on the practical application of the Law on the Promotion of Gender Equality, including the activities carried out by the National Committee on Gender and the number and nature of complaints examined and the outcome thereof, as well as details regarding any proceedings brought before the National Human Rights Commission and the labour dispute resolution process. The Committee also asks the Government to indicate any practical impact of section 11.3 of the Law on preventing discriminatory job advertisements.

Exclusion of women from certain occupations. The Committee recalls its previous comments concerning the exclusion of women from a wide range of occupations under section 101.1 of the Labour Law of 1999 and Order No. A/204 of 1999. The Committee notes the Government’s indication that section 8(b) of the list under the Order of 1999, which prohibits women from driving a vehicle weighing more than 2.5 tons, is being restated because the State Professional Inspection Agency affirmed that a modern heavy load truck is not harmful for women’s health. The Committee once again recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation (General Survey on fundamental Conventions, 2012, paragraph 840). The Committee urges the Government to ensure that protective measures are strictly limited to protecting maternity and that those measures aimed at protecting women because of their sex or gender based on stereotyped assumptions, in accordance with section 101.1 of the Labour law and Order No. A/204 of 1999 are repealed. Please provide information on the steps taken in this regard, including the status of section 8(b) of the list under the Order No. A/204 of 1999.

Inherent requirements. The Committee notes that section 6.5.6 of the Law on the Promotion of Gender Equality allows recruitment of a person of particular sex in accordance with section 101 of the Labour Law, or “based on a specific nature of some workplaces such as in preschool education institutions”. It also notes that sections 6.5.1 and 6.5.2 of the Law allows provisions of separate educational services or workplace facilities for men and women, whose scope seems to be too broad as constituting exceptions to gender discrimination. Recalling that the concept of inherent requirements of a particular job must be interpreted restrictively so as to avoid undue limitation of the protection provided by the Convention, the Committee asks the Government to take steps to review and revise section 6.5.6 of the Law on the Promotion of Gender Equality. It also asks the Government to indicate how it is ensured that provisions of separate educational services or workplace facilities for men and women under sections 6.5.1 and 6.5.2 of the Law do not in practice deprive men and women of equality of opportunity and treatment in respect of their employment.

Workers with family responsibilities. The Committee recalls section 100 of the Labour Law, which limits protection against dismissal on grounds of care for a child under 3 years of age only to mothers and single fathers. The Committee notes that the Law on the Promotion of Gender Equality prohibits preferential treatment in employment or dismissal based on sex, pregnancy, child caretaking roles or family status (section 11.1), and that incorporation in collective agreements of provisions on the creation of conditions and opportunities for men and women to combine their work and family responsibilities is required (section 11.2). The Committee asks the Government to provide information on whether any steps have been taken or envisaged to amend section 100 of the Labour Law, with a view to aligning it with the provisions of the Law on the Promotion of Gender Equality. It also asks the Government to provide information on the practical application of sections 11.1 and 11.2 of the Law on the Promotion of Gender Equality, including the number and nature of discrimination cases handled by the courts or the National Human Rights Commission, on grounds of family responsibilities. Please further provide any examples of collective agreements incorporating provisions aimed at the creation of conditions and opportunities for men and women to combine their work and family responsibilities.

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

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

The Committee notes with regret that the Government’s report has not been received. However, the Committee notes the adoption on 2 February 2011 of the Law on the promotion of Gender Equality and requests the Government to provide a copy of the Law with its next report. The Committee hopes that the report to be supplied for examination by the Committee at its next session will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

• (i) the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;
• (ii) any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and
• (iii) any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

(i)    the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;

(ii)   any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and

(iii)  any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Legislative developments. Referring to its previous comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations, called for “the speedy adoption of the draft law on gender equality that includes a definition of direct and indirect discrimination” (CEDAW/C/MNG/CO/7, 7 November 2009). The Committee hopes that the Gender Equality Law will be adopted in the near future, and asks the Government to provide information on the status of the Law, and on any activities undertaken by the National Committee for Gender Equality to promote equality of opportunity and treatment between women and men in employment and occupation.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.

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

Articles 1 and 2 of the Convention. Application in practice. The Committee notes the Government’s indication that the 2003 review on the implementation of the Labour Code revealed particular areas of discrimination in practice, in particular, discrimination in job advertisements, including based on sex and age; dismissal of civil servants on the ground of political opinion and affiliation; discrimination on the ground of age, particularly for women, in recruitment; and different pay rates based on national extraction. With respect to discriminatory job advertisements, the Government’s report indicates that these are quite common. The Government notes further that in 2006, the Ministry of Social Welfare and Labour, and the State Professional Inspection Agency conducted a three-month national inspection on the employment of women, giving rise to a number of pay-related complaints, and complaints of unlawful dismissal due to maternity and family responsibilities. The Committee requests the Government to provide information on the measures taken or envisaged to address the areas of discrimination in practice that have been identified through the 2003 review and by the labour inspectorate. The Committee also requests information on the number and nature of complaints lodged pursuant to section 7(2) of the Labour Code, including the remedies provided and sanctions imposed.

Equality of opportunity and treatment between women and men. The Committee notes the information provided by the Government indicating that while women have been successful in taking advantage of educational opportunities, there is a gap in terms of their participation in the highest paid sectors, and they are less likely to be in managerial positions despite higher levels of educational attainment. Women’s unemployment rate is persistently higher than the national average, though 59.8 per cent of those trained in 2007 through the employment offices were women, and 52.6 per cent of those who found jobs following the training. While women are key actors in the informal economy, the Government indicates that they face disadvantages and obstacles such as inadequate credit, family obligations and severe over-qualification for their work. Difficulties for men have also increased, including pressure to drop out of school and start earning. The Committee requests the Government to provide information on the following:

(i)    the practical steps taken or envisaged to provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels;

(ii)   any measures taken to ensure that women have equal access to credit and to the goods and services necessary for carrying out their occupations; and

(iii) any measures taken to alleviate the pressure on boys to drop out of school early, thus limiting their skills and employability.

Legislative developments. Referring to its previous comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law. The Committee also notes that the Committee on the Elimination of Discrimination against Women (CEDAW) in its concluding observations, called for “the speedy adoption of the draft law on gender equality that includes a definition of direct and indirect discrimination” (CEDAW/C/MNG/CO/7, 7 November 2009). The Committee hopes that the Gender Equality Law will be adopted in the near future, and asks the Government to provide information on the status of the Law, and on any activities undertaken by the National Committee for Gender Equality to promote equality of opportunity and treatment between women and men in employment and occupation.

Sexual harassment. The Committee notes the concern raised by the CEDAW (ibid.) regarding the absence of specific legislation prohibiting sexual harassment. In this context, the Committee refers to its 2002 general observation, highlighting that sexual harassment is a form of sex discrimination with grave and serious repercussions, and that appropriate measures should be taken to prohibit sexual harassment in employment and occupation. Sexual harassment should be defined to include both quid pro quo and hostile work environment (see general observation concerning Convention No. 111, 2002). The Committee requests the Government to provide information on the measures taken to prevent and address sexual harassment in employment and occupation, and on whether any measures have been taken or are envisaged to adopt legislation on this issue.

Exclusion of women from certain occupations. The Committee has raised concerns over a number of years regarding the exclusion of women, pursuant to Order No. A/204 of 1999, from a wide range of occupations. The Committee notes the Government’s indication that in practice, the list of prohibitions is not being respected, and women are in fact being hired in those jobs. The Government also states that the National Inspection on Employment of Women undertaken by the State Professional Inspection Agency provided recommendations on amending the list of prohibited occupations. The Committee recalls that special protective measures for women which are based on stereotyped perceptions regarding their capacity and role in society give rise to violations of the principle of equality of opportunity and treatment. The Committee asks the Government to ensure that protective measures are strictly limited to protecting maternity and that those aimed at protecting women because of their sex or gender, based on stereotyped assumptions, are repealed, and to provide information on the steps taken in this regard.

Protection of workers with family responsibilities. The Committee once again refers to Chapter 7 of the Labour Code, a number of provisions of which provide protection based on family responsibilities in a manner that assumes that the burden of family responsibilities should be shouldered solely by working mothers, thus reinforcing stereotypes, and making a more equitable sharing of family responsibilities more difficult. The Committee requests the Government to provide information on the steps taken or envisaged to extend the protection afforded under Chapter 7 to men, in order to promote equality in employment and occupation of both men and women.

Discrimination on the basis of political opinion. The Committee notes the Government’s confirmation that dismissals of civil servants on the ground of political opinion are common, particularly after general and local elections. The Committee again requests the Government to provide information on the measures taken to end dismissals of civil servants based on political opinion, and to provide specific information on the number, nature and outcome of complaints made on this basis.

Measures to promote equality irrespective of race, colour or national extraction. The Committee notes the Government’s indication that it has adopted a programme on the reinforcement of reindeer husbandry and improvement of livelihoods of tsaatan or reindeer herders for 2008–15. The Committee requests the Government to provide information on the implementation of the programme on reindeer husbandry and the results achieved. Please also provide any further information on measures taken or envisaged to address discrimination on the basis of ethnicity, and whether any assessment on the employment situation of ethnic minorities has been undertaken and, if so, the results thereof.

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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

1. The Committee noted in its previous comments the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion or opinion. The Committee is bound to reiterate its request for information on the practical application of this provision. Please also supply information on the activities of the National Human Rights Commission, established in 2000, with the aim to monitor and evaluate the implementation of legal provisions and international conventions related to human rights, with regard to the principle of the Convention.

2. The Committee notes with interest the enactment of the 2001 Employment Promotion Act, whose objective, according to section 1, is "to create the legal framework for employment promotion activities as well as employment offices and to regulate the relations on their implementation". It notes that section 4.2.1 states that the implementation of the employment promotion policy shall follow "the principle of non-discrimination of citizens involved in employment promotion activities by nationality, ethnic origin, language, race, age, sex, financial status, education, social origin and status, religion, political opinions". In this regard, it notes that the National Employment Promotion Programme, which will be implemented in two stages from 2002 to 2010, does not contain any objective on the elimination of discrimination or promotion of equality on the grounds prohibited in the national labour law, nor any gender-specific measures. The Committee asks the Government to provide information on the practical application of this provision, on the manner it intends to afford protection to non-Mongolian citizens in respect to non-discrimination in employment promotion activities and on the manner equality is to be promoted through the National Employment Promotion Programme.

3. Discrimination on grounds of sex. The Committee notes that section 101 of the 1999 Labour Code provides that "a list of work that women may not perform shall be approved by the Government official responsible for labour matters". It further notes the enactment of the Order of the Minister of Health and Social Welfare establishing a list of jobs prohibited for women and minors (No. A/204 of 1999). The Committee has requested the Office to translate the texts and will provide its comments on this list once it has received the translations.

4. With regard to the statistics provided by the Government in its report, the Committee notes that there is a proportionately higher percentage of females in school at all ages including at higher educational levels. It further notes the Government’s statement that "better female education could have potentially negative impacts for women’s social, intellectual and emotional relationship with men. In a context of worsening violence against women, particularly at the domestic level, falling fertility and rising education among young women may lead them to assert their autonomy and separateness from men in society where motherhood and marriage are still highly valued". The Committee is concerned that such stereotypes on the role of women may prejudice equality of opportunity and treatment in employment and occupation and training. Therefore, the Committee urges the Government to undertake a campaign of public education and awareness raising among the labour market actors and the general population on the importance of non-discrimination and equality between men and women. It also draws attention to the importance of the promotion of education for boys as well as girls to assist in the achievement of equal opportunity and treatment in employment and education. The Committee requests the Government to report on any measures it has taken to raise public education and awareness.

5. The Committee notes that the statistics regarding the labour market, supplied in the Government’s report, are not disaggregated by sex. Therefore, the Committee refers to data on the labour market provided previously and notes the concern of the UN Committee on the Elimination of Discrimination Against Women over "the high level of unemployment of women" and "that the high achievements levels of women in education are not reflected in their participation in national and local legislative bodies, and in decision-making posts in administration" (paragraphs 259 and 271, CEDAW 02/02/2001, A/56/38). The Committee urges the Government to take measures in order to enhance women’s participation in training programmes in non-traditional occupations, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations. The Committee asks once again the Government to provide information regarding any measures taken to promote women’s access to employment, occupations and training, including their access to non-traditional occupations and decision-making posts. Please also provide statistics on the labour market disaggregated by sex and levels of responsibility.

6. The Committee reiterates the point made in the previous comment regarding sections 100 to 106 of Chapter 7 of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single working fathers as well as to working mothers. The Committee pointed out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on equality in employment and occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee once again requests the Government to consider modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter 7 as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

7. Discrimination on the grounds of race, colour or national extraction. The Committee notes the information supplied in the Government’s report that 81.5 per cent of the total population belongs to the Khalkh group, 4.3 per cent to the Kazakhs and the rest are Durveds, Buriads, and Bayads. The Committee reiterates its request for information on any measures taken to ensure non-discrimination and to promote the principle of equality in employment and occupation in regard to the various minority ethnic groups in the country.

8. The Committee notes that the Government’s report contains no response to the previous comments regarding the Labour and Social Welfare Inspection Agency, which is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district level. Therefore, the Committee once again asks the Government to provide information on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. Please also provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

9. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention to promote the application of the Convention.

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

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee noted in its previous comments the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion or opinion. The Committee is bound to reiterate its request for information on the practical application of this provision. Please also supply information on the activities of the National Human Rights Commission, established in 2000, with the aim to monitor and evaluate the implementation of legal provisions and international conventions related to human rights, with regard to the principle of the Convention.

2. The Committee notes with interest the enactment of the 2001 Employment Promotion Act, whose objective, according to section 1, is "to create the legal framework for employment promotion activities as well as employment offices and to regulate the relations on their implementation". It notes that section 4.2.1 states that the implementation of the employment promotion policy shall follow "the principle of non-discrimination of citizens involved in employment promotion activities by nationality, ethnic origin, language, race, age, sex, financial status, education, social origin and status, religion, political opinions". In this regard, it notes that the National Employment Promotion Programme, which will be implemented in two stages from 2002 to 2010, does not contain any objective on the elimination of discrimination or promotion of equality on the grounds prohibited in the national labour law, nor any gender-specific measures. The Committee asks the Government to provide information on the practical application of this provision, on the manner it intends to afford protection to non-Mongolian citizens in respect to non-discrimination in employment promotion activities and on the manner equality is to be promoted through the National Employment Promotion Programme.

3. Discrimination on grounds of sex. The Committee notes that section 101 of the 1999 Labour Code provides that "a list of work that women may not perform shall be approved by the Government official responsible for labour matters". It further notes the enactment of the Order of the Minister of Health and Social Welfare establishing a list of jobs prohibited for women and minors (No. A/204 of 1999). The Committee has requested the Office to translate the texts and will provide its comments on this list once it has received the translations.

4. With regard to the statistics provided by the Government in its report, the Committee notes that there is a proportionately higher percentage of females in school at all ages including at higher educational levels. It further notes the Government’s statement that "better female education could have potentially negative impacts for women’s social, intellectual and emotional relationship with men. In a context of worsening violence against women, particularly at the domestic level, falling fertility and rising education among young women may lead them to assert their autonomy and separateness from men in society where motherhood and marriage are still highly valued". The Committee is concerned that such stereotypes on the role of women may prejudice equality of opportunity and treatment in employment and occupation and training. Therefore, the Committee urges the Government to undertake a campaign of public education and awareness raising among the labour market actors and the general population on the importance of non-discrimination and equality between men and women. It also draws attention to the importance of the promotion of education for boys as well as girls to assist in the achievement of equal opportunity and treatment in employment and education. The Committee requests the Government to report on any measures it has taken to raise public education and awareness.

5. The Committee notes that the statistics regarding the labour market, supplied in the Government’s report, are not disaggregated by sex. Therefore, the Committee refers to data on the labour market provided previously and notes the concern of the UN Committee on the Elimination of Discrimination Against Women over "the high level of unemployment of women" and "that the high achievements levels of women in education are not reflected in their participation in national and local legislative bodies, and in decision-making posts in administration" (paragraphs 259 and 271, CEDAW 02/02/2001, A/56/38). The Committee urges the Government to take measures in order to enhance women’s participation in training programmes in non-traditional occupations, since training and vocational guidance are of paramount importance in that they determine the actual possibilities of gaining access to employment and occupations. The Committee asks once again the Government to provide information regarding any measures taken to promote women’s access to employment, occupations and training, including their access to non-traditional occupations and decision-making posts. Please also provide statistics on the labour market disaggregated by sex and levels of responsibility.

6. The Committee reiterates the point made in the previous comment regarding sections 100 to 106 of Chapter 7 of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single working fathers as well as to working mothers. The Committee pointed out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities would be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on equality in employment and occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee once again requests the Government to consider modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter 7 as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

7. Discrimination on the grounds of race, colour or national extraction. The Committee notes the information supplied in the Government’s report that 81.5 per cent of the total population belongs to the Khalkh group, 4.3 per cent to the Kazakhs and the rest are Durveds, Buriads, and Bayads. The Committee reiterates its request for information on any measures taken to ensure non-discrimination and to promote the principle of equality in employment and occupation in regard to the various minority ethnic groups in the country.

8. The Committee notes that the Government’s report contains no response to the previous comments regarding the Labour and Social Welfare Inspection Agency, which is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district level. Therefore, the Committee once again asks the Government to provide information on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. Please also provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

9. The Committee would appreciate receiving information on measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in accordance with Article 3(a) of the Convention to promote the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret 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:

1. The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2. Discrimination on the grounds of sex. The Committee notes that once again, the Government’s report contains no reply to its previous requests for information clarifying the statement in the Government’s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3. The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4. The Committee notes from the Government’s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women’s access to employment, including their access to non-traditional occupations.

5. Discrimination on the grounds of race, colour or national extraction. The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6. The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

1. The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2. Discrimination on the grounds of sex. The Committee notes that once again, the Government’s report contains no reply to its previous requests for information clarifying the statement in the Government’s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3. The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women’s right to work outside the home without discrimination fully effective … educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4. The Committee notes from the Government’s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women’s access to employment, including their access to non-traditional occupations.

5. Discrimination on the grounds of race, colour or national extraction. The Committee notes from the Government’s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6. The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the enactment of the 1999 Labour Code, whose section 7(2) prohibits discrimination, or the establishment of restrictions or preferences on the grounds of nationality, race, sex, social origin or status, wealth, religion, or opinion. It would be grateful if the Government would provide information on the practical application of this provision. The Committee also notes from the report that the draft Act on Employment Promotion contains provisions defining employment promotion measures, and provides that unskilled disabled persons, female heads of families and members of other vulnerable groups will be included in vocational training free of charge. The Committee requests the Government to provide a copy of the Act as soon as it is adopted.

2.  Discrimination on the grounds of sex.  The Committee notes that once again, the Government=s report contains no reply to its previous requests for information clarifying the statement in the Government=s 1995 report that, while 65.5 per cent of all trainees in vocational education institutes are women, there are restrictions on women working in certain fields and that, in preparing workers, engineers and technical staff for employment in areas such as geology, mining, fuel and energy, their sex is taken into consideration. The Committee requests the Government to provide up-to-date statistics indicating the percentages of women and men enrolled in vocational education institutes and the distribution of men and women in the different areas in which vocational training is offered. The Committee also again requests the Government to indicate the areas of vocational training, if any, in which the sex of the trainee is taken into consideration and to explain the nature and extent of the restrictions that may exist precluding women from training for or working in certain jobs or occupations.

3.  The Committee notes sections 100 to 106 of chapter seven of the 1999 Labour Code, which extend certain job protections, including restrictions on overtime work, business travel and baby care leave entitlements to single fathers as well as to working mothers. The Committee points out that, in extending these protections to the father only in the absence of the mother, the national legislation assumes that the burden of family responsibilities will be shouldered solely by working mothers, not by working fathers (unless the mother is not present). As the Committee has previously noted, family responsibilities can constitute a barrier to equality in employment and occupation and can be a major source of direct or indirect discrimination against women. Accordingly, the International Labour Conference recognized that "in order to make women=s right to work outside the home without discrimination fully effective ... educational and promotional measures should be taken as necessary and appropriate to encourage a more equitable sharing among family members of household tasks" (General Survey on Equality in Employment and Occupation, ILO, 1996, paragraph 53). In view of these factors, the Committee requests the Government to provide information on any consideration it is giving to modifying the provisions in question to permit working fathers to avail themselves of the protection afforded under Chapter Seven as necessary and appropriate, in order to promote a more equitable sharing of family responsibilities between men and women workers and thereby to facilitate equality in employment of both men and women.

4.  The Committee notes from the Government=s report that, despite legislation and other measures taken in the areas of employment, occupation and vocational training, women often face difficulties in gaining access to the Mongolian labour market. The Committee would be grateful if the Government would provide information regarding any measures taken or contemplated to promote women=s access to employment, including their access to non-traditional occupations.

5.  Discrimination on the grounds of race, colour or national extraction.  The Committee notes from the Government=s report to the UN Committee on the Elimination of Racial Discrimination that there are 15 ethnic groups residing in Mongolia, each with their national languages, cultures, art and traditions (CERD/C/338/Add. 3, paragraph 2). The Committee would appreciate receiving information on any measures taken or contemplated to apply the principle of non-discrimination in regard to the various minority ethnic groups in the country.

6.  The Committee notes from the report that the Labour and Social Welfare Inspection Agency is responsible for enforcement of labour and social protection standards and conducts inspections at the local and district levels. The Committee requests the Government to provide information in its report on the number of inspections conducted relevant to the Convention, the number of violations detected, action taken and outcomes. The Committee would also be grateful if the Government would continue to provide information on the activities of the Central Employment Regulation Office relevant to the application of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the information supplied by the Government in its report that, in particular, the Ministry of Health and Social Welfare is currently preparing a draft new Labour Code which will modify and amend the 1991 Code while maintaining the advantages which that Code provides in sections 79, 80, 82, 83 and 84. The Committee also notes that that Ministry is commencing the preparation of a bill on employment promotion which will encompass the definition of unemployed persons and determine types, forms and framework of employment-promoting measures.

2. The Committee requests the Government to inform it on the progress made in the adoption of these bills, bearing in mind its comments, made in its previous direct request, on section 83 of the present Code (special additional leave available to mothers which, unlike most of the other benefits, is not available to single fathers) and the Government's announcement that it would examine the matter during the amendment of the Act. The Committee would like to receive copies of these texts once they are adopted.

3. The Committee also noted in its previous direct request that while serious efforts are being made to ensure equality in access to education and training (65.5 per cent of all trainees are women) the sex of the workers is taken into account when training engineers and technical staff in such fields as geology, mining, fuel and energy. The Committee requests the Government to clarify this indication and to refer to paragraphs 97 and 98 of the above-mentioned 1988 General Survey where there is a discussion of occupational segregation based on traditional approaches to "female" versus "male" occupations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the information supplied in the Government's report in reply to its previous direct request concerning, in particular: the clarification that "colour" and "national extraction" are included as prohibited grounds of discrimination; that the list of employment banned for women covers jobs where the women's reproductive function might be at risk; that with the invalidation of former laws, the principle of non-discriminatory education and vocational training is being applied with, for example, many schools offering the possibility to study in Mongolian, Khazak or Tuva languages; that the right of appeal and due process apply in cases concerning Article 4 of the Convention; and that Article 5, paragraph 2 determinations of special measures to date cover only those set out in the new Labour Act for women, children and persons with disabilities for the purpose of protecting their health and to avoid harmful working conditions.

2. Discrimination on the ground of sex. The Committee had asked for information on measures taken or under consideration to promote equality of treatment between men and women in respect of special additional leave available to mothers under section 83 of the Labour Act which, unlike the case of many of the benefits of Chapter VII of that Act, is not available to single fathers as well. The Government replies that it plans to make changes to the Labour Act and the issue of covering single fathers will be studied at that time. The Committee, recalling paragraph 145 of its 1988 General Survey on Equality in Employment and Occupation, which encourages the granting to men as well of certain advantages afforded to women to raise or care for children, asks the Government to inform it in future reports of any proposed changes to the Labour Act which would reflect this aspect of promoting equality of treatment.

3. The Committee notes that while serious efforts are being made to ensure equality in access to education and training (65.5 per cent of all trainees are women), the report indicates that the sex of the workers is taken into account when training engineers and technical staff in such fields as geology, mining, fuel and energy. The Committee asks the Government to clarify this indication and refers it to paragraphs 97 and 98 of the above-mentioned 1988 General Survey where there is a discussion of occupational segregation based on traditional approaches to "female" v. "male" occupations.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that article 14 of the new Constitution contains a general ban on discrimination on the bases of, inter alia, ethnic origin, race, sex, social origin, religion and conviction (article 16(10) and (16) making it clear that freedom of political opinion exists), and that section 6 of the new Labour Act prohibits any direct or indirect discrimination in labour relations on the grounds of, inter alia, social status, race, sex, religious belief, political convictions and nationality. The Committee understands from the translation it has that the legislation does not appear to cover the grounds of "colour" or of "national extraction". It would be grateful if the Government would indicate whether this reading is correct. It recalls, in this connection, paragraph 58 of its 1988 General Survey on Equality in Employment and Opportunity where it emphasized that where general provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. Discrimination based on sex. The Committee notes that sections 77 (the Government is to adopt a list of jobs which women are prohibited from performing), 79(1) (ban on night shifts, overtime and business trips for women having children under one year of age and for single fathers) and 87 (ban on women carrying or moving loads of a weight exceeding the established standards to be adopted by the state authority responsible for labour matters) of the Labour Act might create obstacles to women's access to certain employment and might discriminate against them by applying more onerous conditions of work to their employment. Referring to paragraph 142 of its above-mentioned 1988 General Survey, the Committee requests the Government to supply in its next report a copy of the list of work banned for women and to indicate the jobs affected in practice by the ban on lifting certain weights, as well as to indicate any measures taken or under consideration to render section 79(1) more flexible.

The Committee also notes that section 83 of the Labour Act allows a woman worker, if she so wishes after the expiry of postnatal leave and annual leave, special additional leave until her baby reaches two years of age (or three in the case of twins). Noting that many of the other benefits under Chapter VIII of the Labour Act also apply to single fathers, and noting paragraph 145 of the above-mentioned 1988 General Survey which encourages the granting to men as well of certain advantages afforded to women workers to raise or care for children, the Committee requests the Government to provide information in its next report on the measures taken or under consideration to promote equality of treatment between men and women as regards this aspect of employment conditions.

3. Article 2. Noting the Government's statement that the new Labour Act's provisions ensure equality of opportunity and treatment without discrimination and have "secured results with regard to access to vocational training, as well as access to employment and to particular occupations", the Committee asks the Government to supply details and statistics in its next report on the practical results achieved in applying the national policy to promote equality of opportunity and treatment. In particular, the Committee would appreciate receiving an indication of any complaints dealt with under the enforcement procedures under the Act, as well as copies of any government statements or court rulings etc. relating to the implementation of this policy.

4. Articles 1, paragraph 3, and 3(b) and (f). The Committee notes the basic principles of education - including non-discrimination - laid down in section 3 of the new Education Act, and the right of citizens to be assisted in their search for employment set out in section 4. It asks the Government to supply in its next report details on programmes and activities in the fields of education, vocational training and assistance in accessing jobs, showing that they are designed and implemented without discrimination on the grounds prohibited by the Convention. In particular, the Committee would appreciate receiving information on the education and vocational training provided in their mother tongue to ethnic groups in the country in accordance with section 3(6).

The Committee also requests the Government to indicate whether the new Education Act rescinds Order No. 615/1975 concerning the certification of specialists in various sectors, and any orders made thereunder concerning the procedure for admission to higher educational establishments, which had been the subject of earlier queries by this Committee.

5. Article 4. The Committee asks the Government to confirm that, in the light of article 16(12) and (14) of the new Constitution (right to petition state authorities and right to use the judiciary with due process), any person against whom action has been taken on the grounds that he/she was actually involved in an activity prejudicial to the security of the State has the right to appeal in accordance with the Convention.

6. Article 5, paragraph 2. In the light of the new legislation, the Committee requests the Government to indicate whether any determinations have been made under this provision of the Convention, and, if so, to give particulars thereof.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest from the Government's report the following legislative changes: the entry into force on 14 February 1991 of the new Labour Act and on 1 August 1992 of the new Education Act which repeals Order No. 119 of 1974 approving the regulations on higher educational establishments, as well as the new Constitution of 17 January 1991.

1. Article 1, paragraph 1(a), of the Convention. The Committee notes that article 14 of the new Constitution contains a general ban on discrimination on the bases of, inter alia, ethnic origin, race, sex, social origin, religion and conviction (article 16(10) and (16) making it clear that freedom of political opinion exists), and that section 6 of the new Labour Act prohibits any direct or indirect discrimination in labour relations on the grounds of, inter alia, social status, race, sex, religious belief, political convictions and nationality. The Committee understands from the translation it has that the legislation does not appear to cover the grounds of "colour" or of "national extraction". It would be grateful if the Government would indicate whether this reading is correct. It recalls, in this connection, paragraph 58 of its 1988 General Survey on Equality in Employment and Opportunity where it emphasized that where general provisions are adopted to give effect to the principle contained in the Convention, they should include all the grounds of discrimination laid down in Article 1, paragraph 1(a), of the Convention.

2. Discrimination based on sex. The Committee notes that sections 77 (the Government is to adopt a list of jobs which women are prohibited from performing), 79(1) (ban on night shifts, overtime and business trips for women having children under one year of age and for single fathers) and 87 (ban on women carrying or moving loads of a weight exceeding the established standards to be adopted by the state authority responsible for labour matters) of the Labour Act might create obstacles to women's access to certain employment and might discriminate against them by applying more onerous conditions of work to their employment. Referring to paragraph 142 of its above-mentioned 1988 General Survey, the Committee requests the Government to supply in its next report a copy of the list of work banned for women and to indicate the jobs affected in practice by the ban on lifting certain weights, as well as to indicate any measures taken or under consideration to render section 79(1) more flexible.

The Committee also notes that section 83 of the Labour Act allows a woman worker, if she so wishes after the expiry of postnatal leave and annual leave, special additional leave until her baby reaches two years of age (or three in the case of twins). Noting that many of the other benefits under Chapter VIII of the Labour Act also apply to single fathers, and noting paragraph 145 of the above-mentioned 1988 General Survey which encourages the granting to men as well of certain advantages afforded to women workers to raise or care for children, the Committee requests the Government to provide information in its next report on the measures taken or under consideration to promote equality of treatment between men and women as regards this aspect of employment conditions.

3. Article 2. Noting the Government's statement that the new Labour Act's provisions ensure equality of opportunity and treatment without discrimination and have "secured results with regard to access to vocational training, as well as access to employment and to particular occupations", the Committee asks the Government to supply details and statistics in its next report on the practical results achieved in applying the national policy to promote equality of opportunity and treatment. In particular, the Committee would appreciate receiving an indication of any complaints dealt with under the enforcement procedures under the Act, as well as copies of any government statements or court rulings etc. relating to the implementation of this policy.

4. Articles 1, paragraph 3, and 3(b) and (f). The Committee notes the basic principles of education - including non-discrimination - laid down in section 3 of the new Education Act, and the right of citizens to be assisted in their search for employment set out in section 4. It asks the Government to supply in its next report details on programmes and activities in the fields of education, vocational training and assistance in accessing jobs, showing that they are designed and implemented without discrimination on the grounds prohibited by the Convention. In particular, the Committee would appreciate receiving information on the education and vocational training provided in their mother tongue to ethnic groups in the country in accordance with section 3(6).

The Committee also requests the Government to indicate whether the new Education Act rescinds Order No. 615/1975 concerning the certification of specialists in various sectors, and any orders made thereunder concerning the procedure for admission to higher educational establishments, which had been the subject of earlier queries by this Committee.

5. Article 4. The Committee asks the Government to confirm that, in the light of article 16(12) and (14) of the new Constitution (right to petition state authorities and right to use the judiciary with due process), any person against whom action has been taken on the grounds that he/she was actually involved in an activity prejudicial to the security of the State has the right to appeal in accordance with the Convention.

6. Article 5, paragraph 2. In the light of the new legislation, the Committee requests the Government to indicate whether any determinations have been made under this provision of the Convention, and, if so, to give particulars thereof.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Further to its previous comments, the Committee notes from the Government's report that regulations on higher education are currently being revised. The Committee recalls that under the regulations on higher educational establishments, approved by Order No. 119 of 1974 of the Council of Ministers, one of the principal objectives of higher education is to educate students in the ideology of Marx, Lenin and the aims of socialism. Further, pursuant to the Model Regulations on the certification of specialists with higher and secondary specialised education (approved by Order No. 615 of 1975 of the Council of Ministers), the purpose of the first exam is to determine whether a candidate is faithful to the ideals of Marx-Leninism, to international proletarian ideals and to the ideals of the Mongolian People's Revolutionary Party.

The Committee is concerned that the above-mentioned regulations could have the effect of creating a preference, distinction or exclusion on the basis of political opinion, in access to institutions of learning or to particular occupations requiring higher or specialist education.

The Committee hopes the revised regulations will ensure that discrimination in access to higher educational institutions, employment or occupation will not occur on the basis of political opinion or on any of the other grounds set out in Article 1, paragraph 1(a), of the Convention. It requests the Government to supply a copy of the revised regulations upon their adoption and to supply copies of any other measures taken to ensure that the Convention is applied in respect of political opinion.

The Committee also requests the Government to supply copies of any provisions adopted by ministries and departments pursuant to Order No. 615/1975 concerning the certification of specialists in various sectors and to furnish a copy of the latest adopted text on the procedure for admission to higher educational establishments which, according to the Government's previous report, is approved annually by the State Committee on Science, Technology and Higher Education.

2. As the Government's report has still not replied to its previous comment, the Committee once again requests the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority; (ii) through legislation and educational programmes; (iii) in cooperation with employers' and workers' organisations and other appropriate bodies.

Recalling the Government's earlier reference to the provisions of sections 2, 12 and 78 of the Labour Code, the Committee would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report and in the documentation annexed thereto.

1. The Committee notes from the Regulations on higher educational establishments (approved by Order No. 119 of 1974 of the Council of Ministers of the Mongolian People's Republic) that, among other things, one of the principal objectives of institutions of higher education is to educate students in the ideology of Marx, Lenin and the aims of socialism.

The Committee further notes from the Model Regulations on the certification of specialists with higher and secondary specialised education (approved by Order No. 615 of 1975 of the Council of Ministers of the Mongolian People's Republic) that the first exam is to determine whether a candidate is faithful to the ideals of Marx-Leninism, to international proletarian ideals and to the ideals of the Mongolian People's Revolutionary Party.

The Committee requests the Government to indicate any measures taken or contemplated to ensure that the above provisions do not nullify or impair equality of opportunity and treatment regarding access to institutions of learning or to particular occupations requiring higher or specialist education, on the basis of political opinion.

The Committee also requests the Government to supply copies of any provisions adopted by ministries and departments pursuant to Order No. 615/1975 concerning the certification of specialists in various sectors and to furnish a copy of the latest adopted text on the procedure for admission to higher educational establishments which, according to the report, is approved annually by the State Committee on Science, Technology and Higher Education.

2. As the Government's report has not replied to its previous comment, the Committee once again requests the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a) access to vocational training;

(b) access to employment and to particular occupations;

(c) terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i) in employment, vocational training and occupational guidance under a national authority;

(ii) through legislation and educational programmes;

(iii) in co-operation with employers' and workers' organisations and other appropriate bodies.

Recalling the Government's earlier reference to the provisions of sections 2, 12, and 78 of the Labour Code, the Committee would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. In an earlier comment, the Committee requested the Government to supply copies of laws and regulations governing (a) higher education and (b) employment in the public service and in managerial, specialist and teaching positions in enterprises and organisations of industry, agriculture, transportation, communications and education, including any statutes on the procedures for (i) awarding education degrees and academic titles; (ii) filling positions in the various occupational fields mentioned; (iii) the periodic attestation of employees in these various fields.

The Committee notes the Government's indication in its report that it is unable to meet its request because it has no translation into the working languages of the ILO of the laws and regulations which interest the Committee. It again requests the Government to supply copies of laws and regulations governing the above-mentioned matters in their original language if there is no translation.

2. The Committee notes with interest that under section 4 of the People's Education Act, one of the basic principles of people's education in the Mongolian People's Republic is the equality of citizens in receiving education irrespective of sex, racial and national extraction, attitude to religion, social origin and status. It also notes that section 55 of the Act prescribes that the right to enter establishments of higher education is enjoyed by citizens of the Mongolian People's Republic who have a full secondary education, and that admission is governed by an order issued by the Ministry of National Education.

The Committee requests the Government to supply a copy of the ministerial order concerned.

3. The Committee earlier asked the Government to supply information on all steps taken for the effective promotion of equality of opportunity and treatment, irrespective of race, sex, religion, national extraction or social origin, and on the results secured with regard to:

(a)access to vocational training;

(b)access to employment and to particular occupations;

(c)terms and conditions of employment. In this connection the Government is more particularly requested to indicate the measures taken to promote equality of opportunity and treatment:

(i)in employment, vocational training and occupational guidance under a national authority;

(ii)through legislation and educational programmes;

(iii)in co-operation with employers' and workers' organisations and other appropriate bodies.

The Committee notes the Government's reference to the provisions of sections 2, 12, and 78 of the Labour Code. However, it would again point out that the implementation of the Convention rests upon the adoption of positive measures in pursuance of a national policy designed to promote equality of opportunity and treatment, and requests the Government to supply information on all measures taken on the above-mentioned points.