JOINT STAFF WORKING DOCUMENT The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Mongolia covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019
Date: 2020-02-10
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EU market, Mongolia, common commercial policy, development aid, generalised preferences, human rights, international convention, sustainable development, tariff preference

EN 

  EN 

   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 10.2.2020  SWD(2020) 23 final  JOINT STAFF WORKING DOCUMENT  The EU Special Incentive Arrangement for Sustainable Development and Good Governance ('GSP+') assessment of Mongolia covering the period 2018 - 2019 Accompanying the document Joint Report to the European Parliament and the Council Report on the Generalised Scheme of Preferences covering the period 2018 - 2019 {JOIN(2020) 3 final} - {SWD(2020) 16 final} - {SWD(2020) 17 final} - {SWD(2020) 18 final} - {SWD(2020) 19 final} - {SWD(2020) 20 final} - {SWD(2020) 21 final} - {SWD(2020) 22 final} - {SWD(2020) 24 final} - {SWD(2020) 25 final}  
 
 
Mongolia  

1. Summary Assessment 

Mongolia shows a strong engagement in the monitoring process of GSP+ compliance, despite 
challenges in taking more commercial advantage of the unilateral tariff preferences of the EU. 
Progress  was  made  in  the  area  of  child  rights,  in  recent  legislation  (Child  Rights  Act  and 
Child  Protection  Act)  and  efforts  to  implement  these  laws,  including  an  increase  of  budget 
and  a  hotline  to  report  abuse.  With  regard  to  human  rights,  the  conclusion  of  the 
Government’s assessment that a reintroduction of the death penalty would not be in line with 
international  commitments  and  has  therefore  been  dismissed  is  welcome.  Concerns  with 
regard  to  recent  legislation  impacting  the  independence  of  the  Judiciary  and  public 
prosecution  are  to  be  addressed  urgently.  Mongolia  is  showing  commitment  regarding 
implementation of labour Conventions of the International Labour Organisation (ILO) and is 
in the process of strengthening their implementation through the revision of the Labour Code, 
which  is  to  be  discussed  in  Parliament.  Mongolia  has  many  challenges  in  the  field  of 
environment,  also  related  to  pollution,  which  the  EU  is  helping  to  address  through  its 
development  cooperation.  The  Government  is  committed  and  making  progress  on  the 
reporting requirements; and the EU welcomed the announcement of upcoming national report 
on  the  implementation  of  the  Convention  on  International  Trade  in  Endangered  Species  of 
Wild  Fauna  and  Flora  (CITES);  and  the  submission  of  the  national  report  for  the  Basel 
Convection    on  the  Control  of  Transboundary  Movements  of  Hazardous  Wastes  and  their 
Disposal in April 2019. With regard to the cluster on good governance, challenges remain and 
some of the recent reporting (for instance by the OECD) shows areas where further work can 
be done. 

Priorities 

The  EU’s  GSP+  monitoring  mission  took  place  in  Mongolia  on  19-25  June  2019,  in 
connection  with  the  EU-Mongolia  Human  Rights  Dialogue  and  the  EU-Mongolia  Joint 
Committee meetings. During the reporting period 2018-2019, monitoring focused on several 
priority  areas:  prevention  of  torture;  the  death  penalty;  human  rights  defenders;  labour 
inspections and the revised labour law; child labour; and corruption.  

Human Rights 

Overall, Mongolia remains committed to the advancement of human rights. Concrete progress 
was  made  on  child  rights  with  Child  Rights  Act  and  Child  Protection  Act  adopted  and 
budgets increased. There has been incremental progress in the rights to a healthy environment, 
equality and non-discrimination, and fight against human trafficking. Furthermore, Mongolia 
participates in multilateral initiatives such as the Global Alliance for Torture-Free Trade and 
the  International  Contact  Group on Freedom  of  Religion,  and has extended invitation  to the 
United Nations Special Rapporteur on the situation of human rights defenders for a next visit.  

In  response  to  comments  from  the  Committee  Against  Torture,  Mongolia  committed  to 
setting up an independent mechanism to investigate complaints of torture as recommended by 
the  UN  Committee  Against  Torture  (December  2018);  and  to  put  in  place  a  national 

1 

 
 
 
preventive mechanism against torture in line with the requirements of the Optional Protocol to 
the Convention Against Torture (OPCAT).  

However,  several  challenges  remain.  Developments  over  the  reporting  period  comprise  the 
threat  to  independence  of  the  judiciary,  including  a  series  of  dismissals  of  high  level 
members  of  the  judiciary  in  March  and  June  2019  following  quick  changes  in  the  legal 
framework; and steps towards a possible restoration of capital punishment in Mongolia. The 
situation of human  rights  defenders remains of concern, as well as the lack of a sytematic 
law  on  Human  Rights  Defenders,  a  draft  of  which  remains  to  be  submitted.  Dangerous 
amendments to several laws, which tend to concentrate the political power in the hands of a 
reduced number of people, are another source of serious concern. 

Labour Rights 

There have been no substantive changes to the legal framework for the application of the core 
labour standards over the reporting period. A draft revised Labour Law, under review with 
the Parliament since spring 2018 would address a majority of concerns and recommendations 
of  the  International  Labour  Organization  (ILO)  on  all  fundamental  Conventions.  However, 
not all its provisions have received the endorsement of the social partners; in particular trade 
unions have raised concerns about potential lower standards of labour protection if the law is 
approved. 

Progress  was  noted  in  the  area  of  child  labour,  in  the  increased  capacity  of  institutions  in 
charge  of  supervision  and  control,  including  trainings  for  child  rights  and  labour  rights 
inspectors.  However,  the  previous  wintertime  ban  on  horse  racing  and  training  between 
November and May was relaxed in 2018, allowing the use of child jockeys over 12 years old 
between the Mongolian Lunar New Year and 1 May. Child labour exists in other and largely 
informal sectors where it is not covered by the legal protections and not addressed. 

Current limitations to the power and resources of the labour inspectorate continue to hinder 
monitoring and enforcement of labour laws. While there have been no actions to reduce these 
limitations,  Mongolia  is  considering  ratifying  ILO  conventions  on  labour  inspections,  but 
without a set roadmap. 

Environment 

In 2017 the UN Special Rapporteur on Human Rights and the Environment praised Mongolia 
for  working  to  protect  the  environment  with  exceptional  commitment,  and  for  upholding 
pertinent  laws that set  out  strong  environmental  standards and safeguards. However, further 
action is needed on air pollution, ensuring an in depth assessment of new major gold mining 
projects, as well as the appointment of an Environmental Ombudsman. 

Good Governance 

Corruption  in  the  public  sector  and  the  judiciary  is  an  ongoing  challenge,  despite  the 
Government’s  commitment  to  improving  the  legal  and  institutional  framework.  High  level 
public scandals,  such as  the case of the SMEs  Fund from  October 2018  and the subsequent 
protests, have further drawn attention to this in the reporting period. Shortcomings are noted 
in the legal framework on anti-money laundering and counter-terrorist financing framework 

Status of ratification and reporting 

Over  the  reporting  period  (2018-2019),  Mongolia  maintained  ratification  of  all  the  GSP+ 
relevant  Conventions.  The  country  also  continues  to  demonstrate  a  very  good  level  of 

2 

 
compliance  with  its  reporting  obligations  under  the  treaty  monitoring  bodies,  despite 
continued  capacity  and  expertise  constraints.  Regarding  conventions  on  environmental 
protection and climate change, while Mongolia has not ratified the Kigali Amendment to the 
Montreal  Protocol  on  Substances  that  Deplete  the  Ozone  Layer,    it  has  improved  reporting 
under the Convention on International Trade in Endangered Species of Wilda Fauna and Flora 
(CITES),  the  Basel  Convention  on  the  Control  of  Transboundary  Movements  of  Hazardous 
Wastes and Their Disposal, and the UN Framework Climate Change Convention (UNFCCC). 
However,  it  did  not  fully  comply  with  its  reporting  obligations  under  the  Stockholm 
Convention on Peristent Organic Pollutants and the Cartagena Protocol on Biosafety. 

2. Recent Developments 

Mongolia  is  a  vibrant  parliamentary  democracy  since  1990,  situated  between  China  and 
Russia. Parliamentary Elections last took place in 2016. The Mongolian People's Party (MPP) 
won a landslide victory: 65 of the 76 seats in Parliament. The next polls are due in June 2020. 
Presidential Elections took place in 2017. In the first ever presidential run off, the Democratic 
Party (DP) candidate Battulga obtained 50.61% of the votes while MPP's Enkhbold obtained 
41.16%. The next presidential elections will be in June 2021. 

Parliamentary politics was unstable in 2018, and revolved around two major corruption cases.  
The first is the ‘SME fund’, which offered low interest loans to SMEs. The vast majority of 
firms that received loans from the fund allegedly had connections with Government officials 
across party lines. The second is the ‘60 billion case’, which relates to audio recordings made 
during  the  2016  electoral  campaign  that  allegedly  reveal  positions  in  a  future  MPP 
administration being offered in return for donations.  

EU – Mongolia Bilateral Development Assistance 

EU  bilateral  assistance  to  Mongolia  amounts  to  €65  million  for  the  period  2014-2020, 
concentrating  on  improved  governance  of  revenues  for  inclusive  and  sustainable 
growth, and support for better employment opportunities. 

Since  April  2017,  the  EU  is  assisting  Mongolia  under  the  Trade  Related  Assistance 
(TRAM) project to enhance Mongolia's international trade and economic diversification 
and  to  contribute  to  sustainable  economic  growth.  The  project  aims  at  strengthening 
capacities  and  at  supporting  Mongolian  public  institutions  and  the  private  sector  for 
effective  trade  policy  initiatives  with  a  special  focus  on  specific  products/sectors  with 
high potential. 

The  EU  is  supporting  Mongolia  in  the  monitoring  and  implementation  of  the  27 
international conventions that are covered by GSP+ through the  European  Instrument 
for  Democracy  and  Human  Rights  (EIDHR).  The  EU's  priorities  for  2018-2019 
continued  to  be  labour  law,  courts  and  lawyers,  administration  of  justice  and  law 
enforcement, and strengthening of Civil Society Organisations (CSOs).  

Other  EU  programmes  support  economic  development  in  the  country,  including  rural 
areas.  For  instance,  an  EU-funded  project  supports  the  participation  of  civil  society 
organisations  in  the  agriculture  sector  in  the  Khenti  Province  to  promote  inclusive  and 
sustainable  development.  In  the  Zavkhan  province,  another  EU  funded  project  aims  at 
empowering  civil  society  organisations  to  improve  economic  development.  The 
Empowered  People-Empowered  Livelihoods  project  contributes  to  improving  the 
livelihoods of rural population in Arkhangai and Uvurkhangai provinces.  

3 

 
Between November 2018 and January 2019 controversies around these two corruption cases 
led to a legislative shutdown as well as public protests in the square of Ulaanbaatar. In August 
2018,  two  Ministers  were  ousted  for  mismanagement  and  corruption,  while  further  two 
resigned after the no confidence vote in November. On 30 November 2018 the Government 
survived a no confidence motion filed by 27 MPs from its own party. The four new Ministers 
were  appointed  in  early  2019.  The  revelation  of  corruption  cases  was  an  indicator  of  the 
freedom of press but also of the poor management of public funds. 

3. EU-Mongolia Trade and GSP 

Dependence  on  commodities:  Mongolia  is  not  a  typical  country  –  its  total  nominal  GDP  is 
USD  11  billion  and  its  economy  is  rather  dependent  on  a  few  key  commodity  exports.  The 
biggest  mines  in  Mongolia  are  Oyu  Tolgoi  (copper,  gold),  Erdenet  (copper),  and  Tavan 
Tolgoi (coal). In other words, prices of copper, coal and gold have a profound impact on the 
country,  either  in  the  positive  or  negative  direction  as  90%  of  export  products  are  mineral 
products.  When  the  commodity  cycle  hit  its  trough  in  2016,  which  hit  Mongolia’s  external 
demand  hard  (as  well  as  investment  in  commodity),  the  government  tried  to  offset  these 
shocks  through  unsustainable  expansionary  fiscal  policies,  which  resulted  in  an  increase  of 
public debt. 

As  most  of  the  debt  was  in  foreign  currency  and  to  external  creditors,  Mongolia  faced  a 
typical  balance of payment  crisis,  in  which reserves were depleted. The  central  bank had to 
raise  rates  to  stabilise  the  currency.  As  the  economy  deteriorated,  expenditure  further 
increased,  and  revenue  sources  declined,  Mongolia  had  to  raise  additional  external  debt  to 
service its existing debt, at much higher funding costs, which further eroded its fiscal position. 
All these factors led it to ask assistance from the IMF as debt reached 88% of GDP, became 
unsustainable as reserves only covered 2.4 months of imports and the deficit exceeded 15% of 
GDP in 2016. 

A risk factor for Mongolia's economy is its lack of diversification, being dependent on a few 
export and import markets (China and Russia). Around 94% of all Mongolia's exports go to 
China, whereas imports from China are 35% and from Russia - 27% of the total. 

In 2018 total trade was € 524 million; € 75 million of imports, € 449 million of exports. The 
EU is Mongolia’s 3rd import partner after China and Russia (€ 488 million), a second export 
market (€ 214 million) and ranks 3rd total trade partner. 

In 2016, real GDP growth slowed to 1%, down from an average growth rate of 9.8% over the 
period 2010-2015. The  key drivers of the slowdown are  weaker  economic activity in  China 
and  a  decline  in  foreign  direct  investment  (FDI),  along  with  lacklustre  performance  in  non-
mining sectors. The sharp decline in FDI has exacerbated the country's deteriorating balance 
of  payments  position.  Additional  pressure  is  expected  over  the  next  few  years  as  large 
external  debt  repayments  are  scheduled  for  2017/2018.  With  prices  of  raw  materials 
increasing, the IMF projects Mongolia's real GDP to grow by 1.8% in 2018. 

4 

 
Figures 1-3 below describe Mongolia's utilisation of GSP+ in the context of the EU's overall 
imports from Mongolia1. 

The  value  of  EU  imports  from  Mongolia  using  GSP+  has  remained  relatively  steady,  at 
around 16.5 mio USD in 2018, or around 23% of total imports. GSP+ utilization rates, on the 
other  hand,  are  steadily  increasing  at  are  currently  above  90%.  EU  imports  from  Mongolia 
under GSP+ reamin concentrated on articles of apparel and textiles (87% of total EU imports 
from  Mongolia  using  GSP+).  Mongolia's  utilisation  rate  of  trade  preferences  under  GSP+ 
stands at around 84%, leaving some room for improvement. 

Source for all statistics: Eurostat data as of September 2019.  

Figure 1: Imports to the EU 2016-2019 – GSP+ utilization rate 

Figure 2: Imports to the EU 2016-2018 by regime  

1 GSP-statistics only cover goods imported in the EU market, i.e. goods released for free circulation in the EU. 
The GSP statistics do not cover other EU-imports, like goods imported for the customs inward processing 
procedure or re-imports after the customs outward processing procedure 

5 

Mongolia - imports to the EU 2016-2018 (M€)201620172018trend 2016-2018Total imports64.269.672.613.1%GSP+ eligible18.119.517.9-1.1%GSP+ preferential15.316.816.58.2%Utilisation rate84.1%86.1%92.1%9.4% 
 
 
 
 
 
                                                 
Figure 3: Product Diversification of GSP+ Preferential Imports, 2018 

Mongolia GSP imports to EU 

S-11b apparel and clothing

S20 furniture and toys

S-11a wool, etc.

S1b fish, etc

S-12b handgear, etc.

S12a footwear

other

0%

20%

40%

60%

80%

100%

4. Compliance with GSP+ Obligations 

4.1  UN Human Rights Conventions  

Mongolian  authorities  are  committed  to  moving 
the  country  forward  on  human  rights.  Mongolia 
accepted  all  150  Universal  Periodic  Review 
(UPR)  2015  recommendations  in  its  National 
Action Plan. Mongolia’s next UPR will take place 
in May 2020. In preparation for the Civil Society 
Organisations  UPR  midterm 
the 
Government presented actions taken to implement 
the  UPR 
to  over  100 
participants at a meeting in May 2018.  

recommendations 

report, 

aims 

address 
to 
The 
government 
recommendations  of 
the  UN  Human  Rights 
Committee  from  August  2017  on  the  limited 
capacity  of 
the  National  Human  Rights 
Commission  of  Mongolia  (NHRC).  The  NHRC 
has  50  staff  and  an  advisory  board  of  19  NGOs 
and 21 journalists, and it went from processing 17 
complaints in 1990 to around 800 in 2018.  

6 

toward 

The  EU  funded  Right  to  Breathe 
(R2B)  project  focuses  on  enhanced 
transparency  and  accountability  on 
air  pollution  data  and  actions  in 
Ulaan  Bataar  and  Arkhange;  and 
Closing  the  gap:  a  right  based 
approach 
independent 
living for people to disabilities. The 
EU also has a Policy Support Facility 
to  support  the  EU-Mongolia  Human 
Rights  Dialogue. 
two 
components:  1)  to  enhance  effective 
implementation 
international 
human  rights  instruments;  and  (2)  to 
strengthen 
the 
Prosecutors' General Office. 

the  capacity  of 

has 

of 

It 

 
 
 
 
 
International  Convention  on  the  Elimination  of  All  Forms  of  Racial 
Discrimination (CERD) 

The main challeges noted by the Committee on CERD in its Concluding Observations from 
2018  were  the  lack  of  a  legal  definition  of  racial  discrimination  and  a  law  prohibiting  all 
forms of racial discrimination; Mongolia considers that the proper legal environment has been 
established.  

The Committee also noted a lack of disaggregated data to determine any racial discrimination 
and to measure developments. The revised Criminal Code included a section punishments for 
crimes of racial discrimination. Further recommendations included support to victims of racial 
discrimination; regular human rights based assessments on the situation of ethnic minorities; 
and combatting the underlying causes of a rise in ultranationalist and neo-Nazi organisations 
through education and information campaigns. 

International Covenant on Civil and Political Rights (ICCPR) 

In  its  Concluding  Observations  on  the  sixth  periodic  report  regarding  Mongolia's 
implementation  of  the  ICCPR,  issued  on  22  August  2017,  the  Human  Rights  Committee 
(HRC)  asked  Mongolia  to  strengthen  its  efforts  to  achieve  effective  application  of  the 
provisions of the Covenant before domestic courts. This should go hand in hand with training 
of  lawyers,  prosecutors  and  judges  on  international  human  rights  treaties  and  public 
awareness raising.  

The  HRC  made  a  number  of  recommendations 
concerning  pre-trial  detention  in  view  of  its 
reported  widespread  and  lenghty  use.  According 
to  the  NHRC  chief  commissioner,  conditions  in 
most  of  the  23  prisons  in  the  country  had 
improved  because  most  prisons  had  moved  to 
new facilities; however, conditions remained poor 
and  sometimes  harsh  in  the  five  (of  26)  pretrial 
in  old 
detention  centers 
facilities.  

that  still  operated 

is 

interpretation  of 

in  strict  compliance  with 

The  HRC  expressed  concern  about  broad  legal 
restrictions on the media, including the internet, 
and  limitations  on  access  to  information  due  to 
the  broad 
confidentiality 
provisions  by  Mongolian  authorities.  It  invited 
Mongolia to  ensure that  any  restriction on media 
activities 
the 
provisions  of  the  ICCPR.  Globe  International,  a 
local  NGO  specialising  in  freedom  of  the  press 
and  media,  reported  continued  pressure  from  
police,  politicians,  and  large  business  entities  on 
local media and press outlets. The ownership and 
political  affiliations  of  the  media  often  were  not 
disclosed to the public, and a Globe International 
survey    of  20172 found  that  23.3%  of  journalists 

of 

the 

implementing  a  project 

law 
the  area  of  rule  of 
In 
(administration  of  justice  and  law 
enforcement),  between 
  October 
2017  and  March  2019,  the  EU  has 
to 
been 
improve  the  application  of  human 
rights  conventions  in  the  criminal 
justice system and strengthening the 
capacity 
General 
Prosecutor’s  Office  to  adapt  to  the 
new  Criminal  Code.  Under 
the 
project  three  conferences  took  place 
in  2018:  on  the  implementation  of 
human rights (January); on causes of 
violence  against  children  and  youth 
(June); and on the need to establish a 
full fledged juvenile justice system in 
the  country  (November).  The  three 
conferences  ended  with  a  concrete 
set  of recommendations. The project 
also  translated  in  Mongolian  twelve 
of  the  Human  Rights  Treaties,  as 
well as the Human Rights  Indicators 
from 
the  High 
the  Office  of 
Commissioner on Human Rights. 

2 http://www.globeinter.org.mn/images/upld/Media_freedom_report_2017eng.pdf 

7 

 
                                                 
reported they did not cover some stories due to their media outlet’s ties to political officials 
and  business  elites.  The  Mongolian  Center  for  Investigative  Journalism  also  reported  that 
journalists sometimes practiced self censorship for the same reasons. 

The Committee also expressed concerns about the remaining provisions on defamation in the 
Criminal  Law,  which  may  unduly  restrict  the  exercise  of  freedom  of  expression.  Press 
representatives  faced  libel  complaints  by  government  authorities  and  private  persons  or 
organizations. The courts prosecuted the majority of libel and slander cases as petty offenses 
punishable by  fines  ranging from  2 million  to  20 million  tugriks (USD 770 to  USD 7,700). 
The law provides an exception during election campaign season, when fines of 450,000 to 5.4 
million tugriks (USD 175 to USD 2,100) or imprisonment from one month to one year apply 
for spreading false information that defames political parties, coalitions, or candidates running 
for  office.  The  law  imposes  additional  restrictions  against  media  during  campaign  periods. 
During the reporting period, NGOs have expressed concerns over the inclusion of defamation 
as  a  criminal  offence  and  the  Libel  clause  under  the  Law  on  Administrative  Offences  of 
2017.3 

The  Committee  expressed  concern  about  reports  of  attacks  and  harassment  against 
journalists and media workers. There are some reports of politically motivated interference 
and  cases  of  intimidation  of  journalists.  The  Committee  invited  Mongolia  to  protect 
journalists  and  media  workers  against  any  form  of  harassment  and  threats,  promptly 
investigate  all  such  attacks  and  bring  those  responsible  to  court.  Some  journalists  reported 
they faced violence, harassment, or intimidation by police.   

The UN special rapporteur on human rights defenders visited Mongolia from 30 April to 13 
May  2019.  In  his  End  of  Mission  statement,  he  states  that  Mongolia  has  a  relatively  safe 
environment. However, he notes, this does not mean human rights defenders are encouraged, 
enabled and empowered in their activities. Obstacles such as stigma, pressure, criminalisation, 
hate speech on social media, the lack of understanding of who human rights defenders are and 
the  lack  of  access  to  information  and  to  participation  in  decision  making  processes  hinder 
their  work.  He  invited  Mongolia  to  take  a  series  of  steps  in  the  field  of  human  rights  that 
could improve the situation4. 

Human rights defenders continue to report occasional physical attacks and harassment by law 
enforcement  authorities  and  private  corporations,  including  more  recently  students  with 
disabilities complaining of discrimination and sexual abuse in a school, and journalists trying 
to report on gender-based violence. Moreover, the World Freedom of Press Index is steadily 
regressing over the last three years – from world rank 54 (2015) to 70 (2019) 5. 

The Cabinet discussed the draft law on human rights defenders during its meeting in February 
2019  and  resolved  to  ensure  the  coordination  of  the  draft  law  with  other  relevant  legal 
documents  currently  in  force.  With  the  support  of  the  Ministry  of  Foreign  Aggairs  of 
Mongolia,  the  Office  of  UN  High  Commissioner  for  Human  Rights  (OHCHR)  and  the 
National  Human  Rights  Commission  of  Mongolia  organised  an  awareness  campaign 
including workshop with the participationof UN special rapporteur on human rights defenders 
in September 2019 as a follow up to his visit to Mongolia. It was planned that the draft law 
will be resubmitted to the Cabinet following the workshop and the campaign. 

3 https://www.forum-asia.org/?p=27678 
4 https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24603&LangID=E 
5 https://rsf.org/en/ranking?# 

8 

 
                                                 
The  Government  introduced  a  draft  law  on  Non-Profit  Legal  Entities  (NPLE)  enabling  the 
prohibition  of  NPLE  on  general  grounds,  most  notably  those  threatening  “national  unity”. 
Some of the provisions seem not to be in line with  the ICCPR  

The death penalty was removed from the revised Criminal Code in 2015, entered into force 
on 1 July 2017. However, on 5 April 2018, at the opening of Parliament, President Battulga 
reiterated  his  initiative  to  reinstate  the  death  penalty  for  perpetrators  of  child  abuse.  The 
possible reinstatement of the death penalty was one of the key issues discussed during a two-
day  event  (13-14  April)  organised  in  Ulaanbaatar  by  the  Globe  International  Center,  within 
the framework of the EU funded DRI's project Promoting Human and Labour Rights through 
GSP+.  In  May  2019  the  Minister  of  Justice  stated  in  Parliament  that  is  it  is  impossible  for 
Mongolia to reintroduce the death penalty because of its ratification of Optional Protocol 2 to 
the International Covenant on Civil and Political Rights. However, a case is pending before 
the Consitutional Court on the constitutionality of  the ratification of Optional Protocol 2 in 
2012.  During  the  recent  GSP+  monitoring  mission,  the  Government  reconfirmed  its 
commitment not to reintroduce the death penalty. 

In 2018, Jehovah’s Witnesses were granted permission to renew their religious activity. The 
Court reversed the 2017 City Council decision to withold the permission for the legal entity to 
carry out religious activity in Ulanbaatar. Religious organisations are required to renew their 
registration annually.  

International Covenant on Economic, Social and Cultural Rights (CESCR) 

In  its  latest  Concluding  Observations  (July  2015)  on  Monoglia's  implementation  of  the 
CESCR,  the  Committee  on  Economic,  Social  and  Cultural  Rights  expressed  its  concerns 
about the adverse impacts of mining projects on the economic, social, and cultural rights of 
herders; and the absence of a comprehensive anti-discrimination law covering all grounds 
of discrimination, including sexual orientation, gender identity, and disability. Mongolia was 
recommended to bring its legislation in full conformity with the Convention. 
The Human Rights Committee6 expressed concern about reports that corruption continues to 
exist within the judiciary, undermining the independence of judges and the confidence of the 
public  in  the  justice  system.  There  are  reports  that  foreign  nationals  and  companies  face 
difficulties  in  accessing  justice  and  alleged  discrimination  in  favour  of  nationals  in  judicial 
decisions.  Travel  bans  have  been  used  against  foreign  investors  to  settle  civil  and  criminal 
disputes.  

In  a  worrying  development,  on  27  March  2019,  the  Parliament  in  an  emergency  session 
adopted  amendments  to  the  Law  on  the    Legal  Status  of  Judges,  the  Law  on  Prosecutor’s 
Office, and the Anti-Corruption Law. The amendments were requested by the President on the 
day  before  and  entered  into  force  on  28  March  2019,  when  the  the  Chief  Justice  of  the 
Supreme Court, the Prosecutor-General and Deputy Prosecutor were reportedly dismissed by 
Presidential order, issued upon recommendation of the National Security Council7. The latter 
is Chaired by the President of Mongolia and includes also the Prime Minister and the Speaker 
of  Parliament.  In  June  2019,  the  Judiciary  Council  and  the  National  Security  Council 
dismissed another 17 judges. The judges, accused of corruption, were dismissed on the basis 
of the emergency amendments to the laws governing the judiciary and anticorruption agency 

6 ICCPR/C/MNG/CO/6 of 22 August 2017 
7 https://www.ohchr.org/Documents/Issues/IJudiciary/Communications/OL_MNG_14.05.19_1.2019.pdf 

9 

 
                                                 
from  March  2019.8 However,  Mongolian  authorities  have  shown  a  willingness  to  address 
concerns  regarding  this  recent  legislation  impacting  the  independence  of  the  judiciary  and 
public prosecution. 
According  to  an  estimate9 concluded  jointly  by  National  Statistical  Office  and  the  World 
Bank, the poverty rate in Mongolia reached 29.6 % in 2016 – an increase by 8.0 percentage 
points from the poverty rate of 21.6 % in 2014. This shows that nearly 1 million people on a 
population of 3.0 million were living in the poverty. 

The Special Rapporteur on human rights to safe drinking water and sanitation undertook an 
official visit to Mongolia from 9 to 20 April 2018, at the invitation of the Government. During 
his 2 week visit the Special Rapporteur examined access to water and sanitation services for 
Mongolians living in  urban and rural  areas, including the nomadic population.  He observed 
inequalities  in  access  to  drinking  water  and  sanitation  services.  This  issue  requires  legal, 
policy,  institutional  and  technical  solutions  and  Mongolia  should  incorporate  human  rights 
into its efforts to improve water and sanitation services for all. 

In July 2018, the Disabled Person's Organisations of Mongolia submitted a report prior to the 
second  review  by  the  Disability  Committee  set  up  by  the  UN  Convention  on  the  Rights  of 
Persons  with  Disabilities.  The  most  pressing  issues  according  to  NGOs  are  accessibility, 
independent living, access to education, access to employment, and lack of data. The National 
Human  Rights  Commission  of  Mongolia  also  submitted  a  report  where  it  views  the 
enforcement of the right to education for children with disabilities as insufficient. 

Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) 

There  is  a  clear  under-representation  of  women  in  the  public  and  private  sectors, 
especially in senior managerial positions. There is still no comprehensive antidiscrimination 
legislation  that  addresses  discrimination  in  both  the  public  and  private  spheres,  including 
direct  and  indirect  discrimination,  and  that  provides  for  effective  remedies  in  judicial  and 
administrative proceedings. 

In  April  2017,  the  Government  approved  a  National  Programme  on  Gender  Equality  to  be 
implemented  in  2017-2021.  The  programme  aims  at  creating  gender  sensitive  policies  and 
planning and removing gender stereotypes.  

On 1 February 2017, Mongolia's newly amended Law to Combat Domestic Violence entered 
into  force,  criminalising  domestic  violence.  The  nongovernmental  National  Centre  against 
Violence (NCAV) and the National Police Agency both reported that in 2018 police response 
to domestic violence complaints improved. Moreover, better training  of justice sector actors 
and the enactment of 31 new regulations designed to improve the implementation of domestic 
violence law contributed to an increase in convictions for domestic violence during the year.  
Although  the  law  provides  measures  of  protection  for  victims  of  domestic  abuse,  including 
restraining orders, procedural and other barriers made these difficult to obtain and enforce10. 

8 
https://www.transparency.org/news/pressrelease/rule_of_law_and_independence_of_judiciary_under_threat_in_
mongolia 
9 https://www.worldbank.org/en/news/press-release/2017/10/17/2016-poverty-rate-in-mongolia-estimated-at-
296-percent 
10 https://www.state.gov/wp-content/uploads/2019/03/MONGOLIA-2018.pdf 

10 

 
                                                 
Mongolian  law  on  the  promotion  of  gender  equality  prohibits  sexual  harassment.  However, 
the current labour law or the draft revised labour law do not cover quid pro quo and hostile 
work environment sexual harassment.   

Convention  against  Torture  and  Other  Cruel,  Inhuman  or  Degrading 
Treatment or Punishment (CAT) 

Mongolia  committed  to  setting  up  an  independent  mechanism  to  investigate  complaints  of 
torture as recommended by the UN Committee Against Torture (December 2018); and to put 
in  place  a  national  preventive  mechanism  against  torture  in  line  with  requirements  of  the 
Optional Protocol to the Convention Against Torture (OPCAT). 

In its August 2016, Concluding Observations on the second periodic report of Mongolia, the 
Committee against Torture welcomed the revision of the Criminal Code, which entered into 
force on 1 July 2017. The revised Criminal Code provides a definition of torture; however, 
the definition does not cover acts of torture committed by private persons and therefore is not 
fully  compliant  with  the  provisions  of  the  ICCPR.  The  Mongolian  government,  while 
considering the current definition compliant, has signalled that it will consider a revision.    

In  October  2018,  the  Committee  Against  Torture  regretted  that  Mongolia  has  not  yet 
established an independent body or mechanism to investigate complaints of torture and ill-
treatment by persons deprived of their liberty. The committee noted that three complaints of 
torture which were investigated by the Investigation Office of the General Police Department 
ended  without  an  initiation  of  criminal  proceedings.  In  addition,  family  visits  to  persons 
deprived of their liberty continue to be contingent upon the consent of the competent person 
who  made  the  decision  to  detain  or  with  the  written  consent  of  their  senior  management 
office.  

The death penalty was removed from the Mongolian Criminal Code in 2015, which entered 
into force on 1 July 2017. However, capital punishment still remains in the Constitution (Art. 
16.1).  On  5  April  2018,  President  Battulga  reiterated  his  initiative  to  reinstate  the  death 
penalty for perpetrators of child abuse.  

Convention on the Rights of the Child (CRC) 

Concrete progress was made on child rights with child rights and protection acts adopted and 
budgets increased. The Government adopted a biennial action plan 2018-2019 to implement 
the  National  Program  on  Children  Development  and  Protection  2017-2021.  The  National 
Human Rights Commission conducted a child right survey in 2016. 

The Laws on the Rights of Children and on Child Protection entered into force in September 
2016.  The  laws  have  the  overall  aim  to  strengthen  comprehensive  child  protection  systems  
and to respond to risks and vulnerabilities of children stemming from violence, abuse, neglect 
and exploitation.  The  Law on Promotion of Youth Development  (LPYD)  entered into  force 
on  1  January  2018,  promoting  youth  development  based  on  equal  participation  and  non-
discrimination  with  respect  of  national  unity  and  justice;  improvement  of  young  people’s 
selfworth; and respect of their views. 

Child abuse is a significant problem and consists principally of domestic violence and sexual 
abuse. The rates of violence against children, economic exploitation of children, and incidents 
causing  death  or  severe  injuries  involving  children  are  not  declining.  In  autumn  2017, 
particularly cruel rape cases prompted President Battulga to propose the reinstatement of the 
death  penalty  for  crimes  against  children.  In  March  2018  a  large  demonstration  addressing 
violence  against  children  took  place  under  the  slogan  ‘No  More  Tolerance’.  It  was 
accompanied by aggressive exchanges online about the death penalty.  

11 

 
The Committee on the Rights of the Child expressed its serious concern that children continue 
to  be  engaged  in  dangerous  and  hazardous  work,  notably  in  agriculture,  mining,  and 
horseracing11. An updated list of jobs prohibited for minors in both the formal and informal 
economy  in  force  since  February  2016  includes  horseracing  or  training  between  November 
and  May.  However,  this  position  was  relaxed  in  2018  by  Government  Resolution  No.  19, 
which permits the use of child jockeys aged 12 and over between Mongolian Lunar New Year 
(between late January and late February) and 1 May. 

In  its  Concluding  Observations  of  22  August  2017  regarding  ICCPR  implementation  by 
Mongolia,  the  Human  Rights  Committee  asked  Mongolia  to  establish  a  comprehensive 
juvenile  criminal  justice  system  and  to  provide  legal  assistance  to  minors.  There  are  no 
further developments in this area during the reporting period.  

On  disabilities,  the  most  pressing  issues  according  to  NGOs  are  accessibility,  independent 
living,  access  to  education,  access  to  employment,  and  lack  of  data.  The  National  Human 
Rights  Commission  of Mongolia  also  submitted  a  report  where  it  views  the  enforcement  of 
the right to education for children with disabilities as insufficient.  

Conclusions and priorities 

Developments over the reporting period comprise the threat to independence of the judiciary, 
the steps leading to a possible restoration of capital punishment in Mongolia, the threats to 
freedom of expression and religion or belief, as well as the lack of a systematic law on Human 
Rights Defenders. 

There  has  been  incremental  progress  in  other  areas:  rights  of  children,  rights  to  a  healthy 
environment,  equality  and  non-discrimination,  and  the  fight  against  human  trafficking  and 
child labour.   

While  Mongolia  has  ratified  most  of  the  core  human  rights  treaties,  the  limited  awareness 
among  lawyers,  judges,  prosecutors  and  the  public  at  large  of  international  human  rights 
treaties  hampers  the  actual  implementation  of  these  treaty  obligations.  In  addition,  new  or 
amended  legislative  acts  are  not  followed  up  with  adequate  resources;  executive  decisions 
further undermine compliance. 

4.2  ILO Labour Rights Conventions  

While  there  have  not  been  cases  of  serious  violations  of  core  labour  standards  in  Mongolia 
over the reporting period, several areas need strengthening. The key initiative, which urgently 
needs  to  be  prioritised  and  implemented,  is  the  ongoing  revision  of  the  Labour  Code.  Its 
adoption  has  been  pending  for  more  than  ten  years.  The  parliamentary  procedure  was 
relaunched in March 2018 and amendments are being discussed in Parliament. It is essential 
that the final draft also addresses the outstanding observations by the ILO supervisory bodies 
related to the implementation of Conventions 87 and 98.  

11 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 

12 

 
                                                 
Not  all  provisions  in  the  draft  law  that  is  now  with 
Parliament  have  received  the  endorsement  of  the 
social  partners.  The  Confederation  of  Mongolian 
Trade Unions (CMTU) is concerned with the potential 
lower  standards  of  labour  protection  once  the  law  is 
approved.  The  CMTU  insists  on  the  involvement  of 
government  as  a  party  in  collective  bargaining.  In 
addition,  the  absence  of  a  legal  framework  for 
employers’ association continues to seriously impede 
effective  social  dialogue.  The  new  Labour  Code 
would establish for the first time the independence of 
employers’  organisations,  and  their  right  to  draw  up 
their  own  by-laws  and  determine  their  structure, 
activities, and programmes.  

to 

ILO 

On  labour  rights,  the  EU  is,  in 
cooperation with ILO, supporting 
the Government in promoting the 
ratification  of  the  Protocol  of 
2014 
the  Forced  Labour 
Convention  No  29.  The  EU  and 
technical 
provide 
the 
assistance  and  policy  advice  to 
Mongolia  in  tripartite  review  of 
the  revised 
law.  On 
courts  and  lawyers,  ILO  experts 
led  a  training  seminar  on  child 
and 
for  35 
members  of  the  Mongolia  Bar 
Association  (judges,  prosecutors, 
legal 
legal 
educators), under an EU financed 
project in June 2018.  

labour 

labour 

forced 

and 

advocates 

The  General  Agency  for  Specialised  Inspection 
(GASI)  is  the  government  agency  in  charge  of  all 
types of state inspection. Restrictions set in the law as 
well  as  insufficient  staff  for  labour  inspections 
continue  to  impair  effective  enforcement  of  labour 
laws.  Restrictions  include  prior  notice  of  48  hours  for  all  inspections  (planned  or  based  on 
complaints) and the fact that complaints are not  confidential.  In addition,  inspectors are not 
permitted  to  address  violations  detected  during  unplanned  visits.  GASI  continues  to  be 
underfunded. There are also concerns of non-dissuasive penalties in case of noncompliance by 
businesses.  Ratification  of  ILO  Conventions  81  and  129  on  labour  inspection  already 
envisaged  under  the  2017-2018  tripartite  agreement  for  labour  and  social  consensus  was 
reportedly reconducted in the new 2019-20 agreement signed in April 2019.  

The  substantial  informal  sector  (a  majority  of  SMEs)  continues  to  challenge  effective 
implementation of labour rights. Informal employment is estimated to account for some 50% 
of all employment, and 30% of employment in non-agricultural sectors. The ILO launched a 
project  to  support  formalisation  of  employment  in  January  2019,  due  to  run  through  2020. 
Expanding representation in the informal sector is also an objective of the CMTU in its 2017-
21 development programme.  

Freedom of Association and Collective Bargaining (Conventions 87 and 98) 

National legislation in Mongolia guarantees the right of workers to establish trade unions to 
protect  their  legal  rights  and  interests.  Similar  rights  are  still  not  guaranteed  to  employers. 
Intentions to prepare a law on the Legal Status of employers were not confirmed. The draft 
revised  Labour  Code  would  establish  for  the  first  time  the  independence  of  employers’ 
organisations,  and  their  right  to  determine  their  structure,  activities,  and  programmes  but  is 
still pending examination by the Parliament. 

Concerns remain on the scope of application of the right to strike. Specific concerns remain 
on  freedom  of  association  and  of  collective  bargaining  for  civil  servants.  The  new  Law  on 
Civil Service, which entered in force in January 2019, maintains prohibition for civil servants 
to  participate  in  strikes  that  would  disrupt  public  services.  Restrictions  to  their  rights  to 
participate in political, non-governmental, and religious organisations also remain. In its 2018 
report, ILO recalled that the right to collective bargaining should cover  public  servants not 
engaged  in  the  administration  of  the  State.  The  draft  revised  Labour  Code  is  expected  to 
correct  the  situation.  Penalties  for  violations  of  freedom  of  association  and  collective 

13 

 
 
bargaining – essentially fines, up to 200,000 MNT (approx.  €65) - are not sufficient to deter 
violations12.  Most  labour  disputes  are  settled  by  tripartite  settlement  committees,  which 
continue to be criticised as non-compliant with labour or mediation laws. 

Mongolia continues  to  work with  the  ILO on further building up the bargaining capacity of 
social  partners.  Despite  an  impressive  economic  recovery  (7%  GDP  growth  in  2018;  8%  in 
the first quarter of 2019), the legacy of the strong downturn that followed the global economic 
crisis, when many collective agreements were suspended, remains present. 

Abolition of Forced Labour (Conventions 29 and 105) 

Mongolia remains primarily a source of forced labour (and sex trafficking) of its nationals to 
other  countries.  Labour  trafficking  vulnerabilities  are  intensifying  with  the  growing  internal 
and  international  migration  driven  by  the  development  of  the  mining  industry  in  southern 
Mongolia. Among migrant workers in Mongolia, Chinese nationals are reportedly among the 
most  vulnerable  to  forced  labour  in  sectors  such  as  agriculture,  forestry,  construction,  and 
mining.  Chinese  companies  are  also  increasingly  hiring  Mongolians  to  work  at  agricultural 
operations  for  substandard  wage  and  under  ambiguous  immigration  status,  placing  them  at 
high risk of trafficking.  

Mongolia does  not  fully meet  the minimum  standards for the elimination of trafficking, but 
was  upgraded  in  the  2019  US  Department  of  State  Trafficking  in  Persons  Report  to  Tier  2 
from Tier 2 Watch List in 2018, following increased efforts in several areas: identification of 
victims  and  repatriation;  victim  service  provision;  convictions  under  the  amended  criminal 
code; new law enforcement campaign.  

The pending draft revised Labour Code is expected to align the definition of forced labour 
with ILO Conventions No.29 and No.105.  

The  ratification  of  the  Protocol  of  2014  to  the  Forced  Labour  convention  (P29)  could 
effectively  help  addressing  and  eliminating  all  forms  of  forced  labour.  The  Mongolian  Bar 
Association is completing the analysis on the gap between national laws and practices and the 
requirements  of  Protocol  29.  The  findings  will  be  discussed  by  the  key  stakeholders  of  the 
National Plan of Action against Trafficking in Persons for Sexual and Labour Exploitation.    

Overall,  Government  capacity  to  identify  and  prevent  forced  labour  is  growing.  The  2017–
2021 National  Programme against Human Trafficking sets  out  plans to  conduct  research on 
trafficking  in  persons,  raise  public  awareness,  train  law  enforcement  and  other  relevant 
agencies, conduct labour inspections and increase protection for victims. 

Minimum  Age  for  Work  and  Worst  Forms of  Child  Labour  (Conventions  138  and 
182) 

The most prevalent type of child labour is the use of child jockeys, including crossborder use, 
which has some characteristics of human trafficking. Children’s horse racing entails high risks 
of fatal accidents and lifelong health damages. The work of children as assistant herders in the 
countryside needs to be studied in detail. Child labour is also reported in many other sectors, 
notably  construction,  dumpsites,  and  artisanal  mining  where  informal  work  is  the  rule. 
Mongolia is on the US Department of Labour 2018 List of Goods produced with child labour 
for coal, fluorspar (mineral), and gold. 

12 US Department of State, 2018 Human rights Report 

14 

 
                                                 
There  is  growing  focus  on  building  the  capacity  of  relevant  institutions  to  address  child 
labour,  notably  training  for  child  rights  and  labour  inspectors  on  handling  child  labour 
situations and enforcing relevant legislation by AFCYS (the Authority for Family, Child and 
Youth Development) and GASI under the EU funded ILO ‘GSP+2’ project. According to the 
in  charge  of  supervising 
Government,  over  38  qualified  specialists  or 
implementation of children rights  according to  the Children  Law, were trained and certified 
for two years. 

inspectors, 

Limitations  to  labour  inspections  set  in  the  law  continue  to  hamper  effective  control  and 
sanction of violations to child labour legislation. Data and information remains a challenge for 
effective  monitoring  of  child  labour.  Employers  are  still  not  required  to  keep  a  register  of 
workers under 18. No comprehensive child labour survey has been done since 2012. A survey 
is envisaged in 2020, supported by the EU. 

The  revised  Labour  Code  is  expected  to  address  most  of  the  ILO  requirements  to  bring 
legislation  in  closer  compliance  with  Convention  138.  It  would  in  particular  define  the 
‘employment  relationship’  as  covering  all  employees  and  employers  in  both  formal  and 
informal economy  and thus  extend labour protection to  children in  informal employment.  It 
would  also  prohibit  children  over  15  from  entering  employment  if  they  have  not  yet 
completed  their  compulsory  schooling,  thus  linking  the  minimum  age  for  admission  to 
employment  to  the  age  of  completion  of  compulsory  schooling  (15  years).  Lastly,  it  should 
require  employers  to  record  the  names  and  dates  of  birth  of  children  working  for  them, 
introduce a system of permits granted in individual cases to allow exceptions to the minimum 
age provisions, and define ‘light work’ permissible for children aged 13 and over.  

An  updated  list  of  jobs  prohibited  for  minors  in  both  the  formal  and  informal  economy  in 
force since February 2016 includes horseracing or training between Nov and May. However, 
this position was relaxed in 2018 by Government Resolution No. 19, which permits the use of 
child jockeys aged 12 and over between Mongolian Lunar New Year (between late January 
and late February) and 1 May. 

A 2017-2021 Children Development and Protection National Program (adopted in Sept. 2017) 
recalls  that  ‘labour  contrary  to  the  children  health,  safety  and  behaviour  is  prohibited’.  An 
Action plan for 2018-2019 is being prepared for approval.  

Equal  Remuneration  and  Elimination  of  Discrimination  (Conventions  100 
and 111)  

Women’s  labour  force  participation  lags  well  behind  that  of  men  and  is  relatively  low 
compared to other small transition economies. Women are also reportedly under-represented 
in  managerial  and  technical  jobs  and  high  paid  sectors  such  as  mining,  transportation  and 
energy and facing specific difficulties in accessing jobs and career opportunities.  

Legislation  in  place  (Constitution,  current  Labour  Law,  Civil  Code  of  2002,  Law  on  the 
Promotion  of  Gender  Equality  (LPGE))  covers  antidiscrimination,  in  particular  gender 
discrimination, and sexual harassment. However sexual harassment  is not criminalised under 
the  current  version  of  the  Criminal  Code,  and  the  Labour  Law    does  not  include  any 
provisions  on  prohibition  of  sexual  harassment  at  the  workplace.  Currently  both  laws  are 
under revision.  

15 

 
 
To  support  an  effective  legal  framework  to  protect  victims  of  sexual  harrassement,  the  EU 
funded project "Support to employment creation in Mongolia (SECIM 1, Component: Labour 
Policy)" organised a Roundtable discussion on "Workplace – Harassment Free Environment" 
with  the  Parliamentary  Sub-Committee  on  Human  Rights  on  19  November  2019. 
the  ILO  conventions  concerning  non-discrimination  and  sexual 
Implementation  of 
harassment,  are  followed  closely  by  the  Parliament.  Members  of  the  Parliament  have  been 
advocating  to  include  provisions  on  sexual  harassment  in  the  amendments  to  both  laws  to 
reflect the recommendations of the ILO on the aforementioned areas. 

The  list  of  occupations  prohibited  for 
women  was  annulled  in  2008  without 
legislation 
being  repealed  from 
(Labour Code of 1999 and Order 1/204 
of  1999)  or  well  publicized; 
thus, 
employers  still  consider  the  restrictions 
to be in force.  

the 

The INSPIRED+ Mongolia EU funded project, 
implemented  by  the  Mongolian  NGO  Teghs 
Niigem,  focused  on  labour  rights  for  people 
with  disabilities  (PWD).  The  goal  of  the 
multistakeholder  policy  dialogue  in  Mongolia 
was  to  contribute  to  the  adoption  of  a  locally 
owned  agenda  for  reforming  Mongolia  policy 
impacting the labour rights of PWD, in line with 
the  UN 
GSP+ 
Convention  on  the  Rights  of  People  with 
the  project  produced 
Disabilities.  In  2018, 
Mongolia’s 
the 
employment situation of PWD and a roadmap to 
improvement. 

Civil  servants  have  been  reportedly 
dismissed  on  grounds  of  political 
views.  According to  the authorities, the 
Civil  Service  Act  to  come  into  in  force 
in  2019  ensures  protection  against 
grounds. 
on 
discrimination 
Political  opinion is  also  included  in  the 
prohibited grounds for discrimination in 
the  draft  new  Labour  Code.  Concerns  also  exist  on  access  to  employment  in  practice  for 
persons with disabilities, ethnic groups, and LGBT people. 

first  baseline  survey  on 

related  conventions  and 

such 

Conclusions and priorities 

The adoption of the revised Labour Code, pending for several years, has been further delayed 
and  remains  a  key  priority,  as  it  would  address  remaining  legal  gaps  related  to  all 
fundamental ILO conventions, notably on freedom of  association and collective bargaining, 
sexual  harassment,  and  child  labour.  A  particular  barrier  are  the  constraints  on  labour 
inspections,  which  prevent  unannounced  inspections,  thus  significantly  reducing  the 
effectiveness of monitoring, especially on child and forced labour. 

Constraints on labour inspections, in both the law and the capacities of the state agency for 
inspections  are  not  addressed  and  continue  to  seriously  hamper  effective  application  of 
labour standards, especially regarding child and forced labour. More investments are needed 
to increase the number of labour inspectors and their technical capacities. Ratification of ILO 
labour  inspection  Conventions  81  and  129  would  be  an  important  step  in  improving  the 
functioning of labour inspection and its legislative framework, including existing limitations 
to inspections. 

The  absence  of  a  legal  framework  for  employers’  association  remains  a  serious  issue  for 
freedom  of  association  and  needs  to  be  urgently  addressed,  in  due  consideration  of  ILO’s 
comments. 

16 

 
While  there  have  been  steps  taken,  Mongolia  should  take  stronger  action  to  prevent  and 
eliminate worst forms of child labour in line with its commitments to both fundamental human 
rights  and  international  labour  standards.  Child  labour  occurs  in  hazardous  and  export-
orientated sectors, notably (informal) mining. More needs to be done on awareness raising of 
child labour and of the importance of schooling and education. Accurate and comprehensive 
data  and  information  are  necessary  to  ensure  evidence-based  policy  formulation.  If  carried 
out as intended in 2020, a new child labour survey would help adequate policy formulation. 
The challenge of child horse racing remains in Mongolia. Despite cultural differences, steps 
should  be  taken  to  better  protect  children,  avoid  life-long  damages  and  injuries,  and  to 
regulate, limiting minimum age and period for children engaged in horseracing.  

New  labour  demand  and  migration  patterns  inside  and  outside  Mongolia  create  enhanced 
risks  of  forced  labour  and  exploitation  that  need  to  be  addressed  in  addition  to  ensuring 
compliance of national legislation with the ILO conventions. 

The prevalence of informal employment remains a major obstacle to effective implementation 
of fundamental labour standards. 

4.3 UN Conventions on Environmental Protection and Climate 
Change  

Urban pollution in  Mongolia  is  among the  highest  in  the  world,  inspiring  a  pro-
environment  policy  and  request  for EU cooperation and  inclusion  of  related  conventions 
remains  a  concern  as 
in the 
reportedly deposits for  cleaning  operations  are  being  misused. Informal ‘ninja’  mining 
operations are affecting environment and child labour.  

future  GSP.  Transparency 

the  mining  sector 

in 

The  UN  Special  Rapporteur  on  Human  Rights  and  the  Environment  visited  Mongolia  in 
September 2017 for the first time. He recommended Mongolia to step up its action to protect 
the  environment  including  tackling  the  severe  impacts  of  mining  and  coal  burning.  He 
praised Mongolians  for  working  to  protect  the  environment  with  exceptional  commitment, 
and for upholding pertinent laws that set out strong environmental standards and safeguards. 
However, he called for urgent action to tackle air pollution, improve resources, and properly 
assess a major new gold mining project, which has the potential to cause major environmental 
damage. Existing laws should be fully deployed and an Environmental Ombudsman should 
be  appointed  to  serve  as  a  focal  point  for  environmental  information  and  complaints.  The 
Special Rapporteur presented a comprehensive report13 on the findings of his mission to the 
UN Human Rights Council in May 2018. The report presents detailed recommendations in the 
field  of  air  pollution,  minerals  and  mining,  conservation  as  well  as  information,  public 
participation and access to remedies. 

Convention on International Trade in Endangered Species of Wild Flora and 
Fauna (CITES) 

Mongolia has established a working group on the implementation of CITES, including experts 
and civil society organisations.   

13 https://documents-dds-ny.un.org/doc/UNDOC/GEN/G18/123/45/PDF/G1812345.pdf?OpenElement 

17 

 
                                                 
However,  Mongolia's  national  legislation  continues  to  be  ranked  as  Category  2  under  the 
Convention, meaning it does not yet fully meet all the requirements for the implementation of 
the Convention.  

A formal warning was sent by the Standing Committee under CITES in December 2017 due 
to  lack  of  reporting  by  Mongolia  on  the  steps  inteded  to  upgrade  their  legilsation;  and 
acknowledged by the Mongolian government in January 2018. In September 2018 the CITES 
secretariat notes some progress in the form of a draft revision of legislation, which has been 
submitted to the Secretariat in the national language. The Secretariat expects the finalisation 
of  the  draft  and  submission  of  enactment,  as  well  as  its  adoption  and  submission  the 
Secretariat. Following this, Mongolia and the Secretariat are to agree on a revised legislative 
analysis, including a possible Category 1 status. 

Basel Convention 

No significant developments took place during the reporting period14.  

Convention on Biological Diversity (CBD) 

On the basis of available information,  during the period 2018-2019 no salient  shortcomings 
were identified in  Mongolia as regards the implementation  of the Convention on Biological 
Diversity.  

Mongolia's  National  Biodiversity  Programme  for 
is  under 
implementation. Mongolia reports that as a step to stop biodiversity loss, it intends to add the 
great bustard, steppe eagle, wild reindeer, and gobi bear to the appendixes of the Convention 
on the Conservation of Migratory Species of Wild Animals (CMS) by the end of 2017. 

to  2025 

time  up 

the 

Stockholm Convention on Persistent Organic Pollutants 
No significant developments took place during the reporting period15.  

Cartagena Protocol on Biosafety 

No significant developments took place during the reporting period16.  

Conventions on Climate Change 

No significant developments took place during the reporting period17.  

Mongolia's ratification of the Paris Agreement in September 2016 and the submission of its 
Intended  Nationally  Determined  Contribution  (INDC),  which  envisages  a  14%  reduction  of 
GHG  emissions  by  2030  compared  to  business-as-usual  scenario,  demonstrate  Mongolia's 
commitment to contribute to the objectives of the UNFCCC. 

Conclusions and priorities 

Mongolia  faces  significant  environmental  challenges,  including  high  levels  of  pollution  and 

14 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 
15 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 
16 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018 
17 For details, please refer to the biennial report for 2016-2017, SWD(2018) 32 final of 19.1.2018, 

18 

 
 
 
                                                 
the  severe  environmental  impact  of  mining  and  coal-burning.  In  response,  the  country  has 
been noted to show exceptional commitment to protecting the environment and setting strong 
evironmental standards and safeguards.  

Following a formal warning by the Secretariat, Mongolia is still working on bringing up its 
legislation to Category 1 under CITES. 

Mongolia  continues  to  face  persistent  capacity  constraints.  EU  and  GEF-UNIDO-funded 
projects support Mongolia with the effective implementation of the Cartagena and Stockholm 
Conventions.   

4.4 UN Conventions on Good Governance  

During its mission to Mongolia in July 2018, the International Narcotics Control Board noted 
the commitment  and  strong  political  will of the Government to strengthen its efforts with 
regard  to  national  drug  control  policy.  Against  this  background,  Mongolia  flags  capacity 
challenges to the comprehensive implementation of drug control conventions.  

Stakeholders seem to disagree whether corruption is getting worse (dropping in rankings) or if 
the increase in corruption charges, including against members of Cabinet, is  an indication of 
progress. IMF is  suspending its  program  over  alleged  money  laundering. A tax  reform and 
electronic procurement system should  help  the  business  climate  and Mongolia  and  would 
follow  up  on OECD  recommendation  to  ensure enforcement  of  integrity for  political 
officials, through a civil ethics bill.  

International Drug Control Conventions 

A  National  Plan  (2017-2019)  for  the  implementation  of  the  2017  National  Programme  on 
Combating  Narcotic  Drugs  and  Psychotropic  Subsatances  is  in  place.  The  plan  focuses  on 
increasing  technical  capacity  of  forensic  institutions,  amendments  to  the  law  on  medicinal 
drugs,  and  on  monitoring  illicit  traffic  in  narcotic  drugs,  streamlining  of  policy  and 
organisational  set  up,  and  awareness-raising  activities.  The  Criminal  Code  and  the  Law  on 
Infringement are in line with international obligations after amendments in May 2017.  

Mongolia  emphasises  the  lack  of  human  resources  and  new  techniques  needed  to  detect 
narcotic  drugs  and  psychotropic  substances  at  the  border,  lack  of  awareness  and  prevention 
measures, as well as the need for specialised medical personnel to treat people with addiction. 

During its mission to Mongolia in July 2018, the International Narcotics Control Board noted 
the commitment  and  strong  political  will of the Government to strengthen its efforts with 
regard  to  national  drug  control  policy.  The  Board’s  delegation  was  informed  about 
developments in demand and supply reduction and noted results achieved through the recently 
adopted National Programme18.  

UN Convention against Corruption (UNCAC) 

Corruption  remains  an  important  challenge  to  overcome  for  Mongolia.  Transparency 
International's  2018  Corruption  Perception  Index  ranked  Mongolia  number  93  out  of  176 
countries, with a relatively constant perceived level of public sector corruption score of 37 out 
of 100 (whereby zero means  'highly  corrupt').  A March-April 2018 Asia Foundation survey 

18 Report of the International Narcotics Control Board for 2018. 

19 

 
                                                 
found  a  higher  level  of  public  attention  to  corruption  and  its  impact  among  Mongolian 
citizens.  Negative  trends  in  perception  of  how  widespread  corruption  is  continue;  while  the 
perception that there is no political will to overcome corruption remained steady at about 80% 
in the past three years19.  

In October 2018, Mongolian investigative journalists revealed several corruption cases related 
to the Small  Medium  Size  Enterprises  (SMEs)  Fund. The SMEs Fund was established in 
the mid-2000s. It was, however, revealed that politicians and public officials or their relatives 
borrowed  from  this  fund  through  their  family  business  at  an  astonishingly  low  rate.  Public 
protests took place, demanding justice and equal distribution of wealth. The revelation of the 
misappropriations  can  be  seen  as  the  sign  that  free 
press  is  working  in  Mongolia;  however,  it  raises 
questions  on  how  public  funds  are  managed. 
Hopefully, this scandal should lead to the revision of 
the  29  special  development  funds  and  improved 
public finance management.  

(2015-2018) 

to 

towards 

that  Mongolia  had  made 

The  latest  UNCAC  country  review  took  place  in 
August  2011.  The  Implementation  Review  Group 
significant 
found 
commitment 
the 
requirements of the Convention in its domestic legal 
and  institutional  framework  since  ratification  in 
2006. The review group further noted commendable 
level of cooperation between Government agencies, 
civil  society,  and  the  private  sector.  The  review  group  made  several  recommendations  on 
criminalisation and international cooperation on corruption20.  

implementing 

The  EU  is  supporting  Mongolia  in 
tackle  corruption, 
its  efforts 
notably  through  an  EU  funded  3 
year  project 
that 
provided  technical  assistance  to 
the Mongolian Ministry  of Finance 
(MoF)  and  Ministry  of  Social 
Welfare  and  Labour  (MoSWL)  to 
strengthen  Mongolia's  economic 
governance  of 
from 
mineral  wealth  and  direct  them 
towards sustainable development. 

revenues 

The 2017 Criminal Code criminalises bribery of foreign public officials and officials of public 
international organisations, in both the active and passive forms. There is no legislation on the 
bribery  in  the  private  sector.  However,  the  revised  Criminal  Code  criminalises  the  abuse  of 
power by an official of a legal entity, including those in the private sector. The National Anti-
Corruption  and  Strengthening  Integrity  Programme  (2016)  and  the  related  implementation 
(2017) are in place.  

Corruption,  besides  fraud,  environmental  crimes  and  tax  evasion,  also  represents  one  of  the 
major  predicate  offences  for  the  laundering  of  illicit  proceeds.  In  this  regard,  the 
Asia/Pacific  Group  on  Money  Laundering  (APG)  identified  important  shortcomings  in  the 
legal framework and in the effectiveness of its anti-money laundering and countering terrorist 
financing framework in Mongolia21.  

Conclusions and monitoring priorities 

The  Mongolian  authorities  show  commitment  and  strong  political  will  to  strengthen  their 
efforts  with  regard  to  national  drug  control  policy.  There  are  developments  in  demand  and 

19 https://asiafoundation.org/wp-content/uploads/2018/09/SPEAK-Survey_2018_eng.pdf 
20 
https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/ExecutiveSu
mmaries/V1184854e.pdf 
21 https://www.fatf-gafi.org/media/fatf/documents/reports/mer-fsrb/Mongolia%20MER%202017%20-
%20published%20version.pdf 

20 

 
                                                 
supply  reduction  and  results  achieved  through  the  recently  adopted  National  Programme 
(2017-2019). Capacity challenges as reported by Mongolia continue to hamper fully effective 
implementation.  

Corruption  remains  an  important  challenge  in  Mongolia,  despite  the  government’s  noted 
significant  commitment  to  improving  the legal and institutional  framework. Some high-level 
public  scandals  have  further  drawn  attention  to  this  in  the  reporting  period.  Further 
challenges  are  noted  in  the  area  of  anti-money-laundering  and  counter  terrorist  financing 
framework.  

21 

 
ANNEX 

Mongolia – Treaty Ratification and Reporting  

Convention 

Status of ratification / 
reservations22 

Compliance with reporting obligations to monitoring bodies 

1. Convention on the 
Prevention and Punishment of 
the Crime of Genocide 

2. International Convention on 
the Elimination of All Forms of 
Racial Discrimination 

Accession: 05.01.1967 

No reporting obligations 

No reservations 

Ratification: 06.08.1969 

Compliant with reporting obligations 

No reservations 

Last report submitted on 02.10.2018. 

Last concluding observations from 28.08.2019. 

3. International Covenant on 
Civil and Political Rights 

Ratification: 18.11.1974  

Compliant with reporting obligations 

No reservations 

Last report submitted on 30.03.2016. 

Last concluding observations from 27.07.2017. 

Last follow-up state party report published on 17.01.2019. 

Next report due by 28.07.2022. 

4. International Covenant on 
Economic, Social and Cultural 
Rights 

Ratification: 18.11.1974 

Compliant with reporting obligations 

No reservations 

Last report submitted on 23.02.2012. 

Last concluding observations from 06.07.2015. 

5. Convention on the 
Elimination of All Forms of 
Discrimination against Women 

Ratification: 20.07.1981 

Compliant with reporting obligations 

No reservations 

Last report submitted on 11.12.2014. 

Last concluding observations from 04.03.2016. 

Last follow-up state party report submitted on 12.06.2018. 

Next report due by 09.03.2020. 

6. Convention against Torture 
and other Cruel, Inhuman or 
Degrading Treatment or 
Punishment 

Accession: 24.01.2002 

Compliant with reporting obligations 

No reservations 

Last report submitted 23.05.2015. 

Last concluding observations published on 12.08.2016. 

Last follow-up state party report submitted on 27.05.2018. 

Next report due by 12.08.2020. 

7. Convention on the Rights of 
the Child 

Ratification: 05.07.1990 

Compliant with reporting obligations 

No reservations 

Last report submitted on 03.06.2015. 

8. Convention concerning 
Forced or Compulsory Labour, 

Ratification: 2005 

Compliant with reporting obligations 

Last concluding observations from 02.07.2017. 

Next report due by 01.09.2022.  

22 Reservations do not apply in the ILO system, so there is no relevance to providing information on reservations under each 
of these conventions. 

22 

 
 
 
                                                 
No. 29 

9. Convention concerning 
Freedom of Association and 
Protection of the Right to 
Organise, No. 87 

10. Convention concerning the 
Application of the Principles of 
the Right to Organise and to 
Bargain Collectively, No. 98 

11. Convention concerning 
Equal Remuneration of Men 
and Women Workers for Work 
of Equal Value, No. 100 

12. Convention concerning the 
Abolition of Forced Labour, 
No. 105 

13. Convention concerning 
Discrimination in Respect of 
Employment and Occupation, 
No. 111 

14. Convention concerning 
Minimum Age for Admission 
to Employment, No. 138 

15. Convention concerning 
Minimum Age for Admission 
to Employment, No. 182 

Latest CEACR comments: Direct Request 2016. 

Last report following comments submitted 31.08.18.  

Next regular report due in 2021. 

Ratification: 1969 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2017. 

Next regular report due in 2020.  

Ratification: 1969 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2017. 

Next regular report due in 2020. 

Ratification: 1969 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2017, Direct Request 2017. 

Latest report following comments due in 2019, not received.  

Next regular report due in 2022. 

Ratification: 2005 

Compliant with reporting obligations 

Latest CEACR comments: Direct Request 2016. 

Last report received 31.08.2018.  

Next regular report due in 2021. 

Ratification: 1969 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2017, Direct Request 2017. 

Latest report following comments due in 2019, not received.  

Next regular report due in 2022.  

Ratification: 2002  

Compliant with reporting obligations 

Minimum age specified: 
15 years  

Latest CEACR comments: Observation 2015. 

Last report received 31.08.2018.  

Next regular report due in 2021. 

Ratification: 2001 

Compliant with reporting obligations 

Latest CEACR comments: Observation 2015; Direct Request 2015. 

Last report received 31.08.2018. 

Next regular report due in 2021. 

16. CITES 

Accession: 05.01.1996 

Lack of compliance with reporting obligations 

No reservations 

Latest (2016) Annual Report submitted on 21.11.2016. 

Next (2018) Annual Report due 31.10.2019 

Annual Report for 2017 was due 31.10.2018. 

Latest Implementation Report (2015-2017) submitted on 30.10.2018.  

Biennial Reports for 2005-2006, 2007-2008, 2009-2010, 2011-2012, 
2013-2014 due.23 

23 Reporting mandatory, but not subject to compliance procedure. 

23 

 
 
 
 
 
                                                 
17. Montreal Protocol 

Accession: 07.03.1996 

Compliant with reporting obligations 

Annual Illegal Trade report submitted for 201724.  

No reservations 

Most recent annual data for 2016 was submitted. 

No more recent reporting data is available. 

18. Basel Convention 

Ratification: 15.04.1997  

Lack of compliance with reporting obligations 

No reservations 

Last (2017) National Report submitted on 18.04.2019. 

Next (2018) Annual National Report due in 2019.  

National Reports are due for 2006, 2007, 2008, 2009, 2010, 2011, 
2012, 2013, 2014, 2015. 

19. Convention on Biological 
Diversity 

Ratification: 30.09.1993  

Lack of compliance with reporting obligations 

No reservations 

Last (Fifth) National Report submitted on 28.03.2014. 

Latest (Sixth) National Report was due on 31.12.2018. 

20. UN Framework Convention 
on Climate Change 

Ratification: 30.09.1993 

Compliant with reporting obligations 

No reservations 

Last (Third) National Communication submitted 23.04.2018. 

Revised National Biodiversity Strategy and Action Plan submitted on 
21.12.2015. 

21. Cartagena Protocol on 
Biosafety 

Ratification: 22.07.2003 

Lack of compliance with reporting obligations 

No reservations 

Last (Third) National Report submitted on 30.11.2015. 

First (Initial) Biennial Report submitted on 06.08.2017. 

Next report due by Dec. 2020. 

Next (Fourth) National report due on 01.09.2019. 

First National Report not submitted. 

Second National Report submitted on 23.09.2011. 

22. Stockholm Convention 

Ratification: 30.04.2004 

Lack of compliance with reporting obligations 

No reservations 

Last (Third) Round National Report submitted on 03.09.2014. 

Last (Fourth) National Report was due on 31.08.2018.  

First Round National Report due. 

Second Round National Report submitted on 03.11.2010. 

23. Kyoto Protocol 

Accession: 15.12.1999 

No reporting obligations 

No reservations 

24. UN Single Convention on 
Narcotic Drugs 

Accession: 06.05.1991 

No reservations 

Reviewing is fulfilled by the International Narcotics Control Board 
(INCB). 

25. UN Convention on 
Psychotropic Substances 

Accession: 15.12.1999 

INCB mission took place 4-6 July 2018.  

No reservations 

See report of the INCB for 2018.  

26. UN Convention against 
Illicit Traffic in Narcotic Drugs 
and Psychotropic Substances 

Accession: 25.06.2003 

No reservations 

24 As above. 

24 

 
 
                                                 
27. UN Convention against 
Corruption 

Ratification: 11.01.2006 

Reviewing is fulfilled by the UN Office on Drugs and Crime 
(UNODC).  

No reservations 

Latest UNODC review executive summary published on 25.08.2011. 

25