Universal Periodic Review – MEDIA BRIEF

Tuesday, 5 May 2015 (Afternoon)

(Disclaimer: The following brief is not an official record, provides a brief factual summary of the UPR Working Group meeting with the State under review, and does not cover all points addressed)

State under review

Mongolia
Represented by eight-member delegation headed by Mr. Tsogoo Uugangerel, Vice Minister of Justice.

Documents

To access national report, compilation of UN information, and summary of stakeholders’ information, visit the Mongolia page on UPR website.

Troika *

Cuba, Netherlands, Sierra Leone.

Opening statement by State under review

Few points raised in the  opening statement of State under review:
(See full statement on Mongolia page on UPR Extranet **)

  • Following the first review, Mongolia had adopted an action plan for the implementation of the recommendations;
  • In 2012, Mongolia acceded to the second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty. A moratorium on the death penalty was declared in 2010;
  • The Optional Protocol to the Convention on the Rights of the Child on a communications procedure was ratified by the Parliament last April;
  • The Parliament was currently considering drafts for a revised Criminal Code;
  • Mongolia will assign the National Human Rights Commission with the functions of a national preventive mechanism against torture, in compliance   with the Optional Protocol to the Convention against Torture;
  • New cluster laws on the Judiciary were adopted in 2013, strengthening the right to a fair and independent trial;
  • A law on combatting human trafficking was enacted in 2012 and regulations on providing assistance to victims became operational in 2013;
  • The enactment in 2011 of the Law on Gender Equality constituted a significant achievement and progress. Since its enactment, the National Human Rights Commission had received 39 complaints related to sexual harassment in workplaces;
  • At the initiative of the President of Mongolia, the Parliament was currently considering a draft law on combating domestic violence. In the draft of the revised criminal code, domestic violence was defined as a crime subject to a criminal punishment.
  • Child labour and corporal punishment remained issues of concern in the country. The implementation of the national programme on elimination of the worst forms of child labour was initiated in 2011. A provision to prohibit labour for those under age 15 was included in the draft Labour Code;
  • A Subcommittee was established to address safety and health issues in geology, mining and the petroleum sectors and comprehensive regulations on the safety in open-pit, underground mining, concentrator and explosive activities were being developed;
  • There was an obvious need to bring national legislation in conformity with international norms and standards. A draft law on international treaty was currently being developed by the Ministry of Foreign Affairs.

Participants

In total 64 States participated in the dialogue:  24 HRC members and 40 observers  (Statements available on Mongolia page on UPR Extranet).

Positive achievements

Positive achievements noted by delegations included, among others:

  • Accession to the 2nd OP to the ICCPR aimed at abolishing the death penalty;
  • Ratification of the OPCAT and the Convention on enforced disappearances;
  • Legislation to combat domestic violence and to enhance gender equality;
  • The enactment of the Law on Combatting Human Trafficking;
  • The National Action Plan on the rights of persons with disabilities;
  • Efforts in supporting freedom of expression.

Issues and Questions

Issues and questions raised by the Working Group included, among others:

  • Steps taken to combat domestic violence and protect victims;
  • Measures to abolish the death penalty;
  • Preventing acts of torture and ill treatment; 
  • Anti-discrimination legislation including that protecting LGBT persons;
  • Steps to combat human trafficking and hold perpetrators accountable;
  • Measures taken to promote and protect freedom of expression. 

Recommendations

States participating in the dialogue posed a series of recommendations to Mongolia.  These pertained to the following issues, among others

  • To adopt legislation to explicitly abolish the death penalty;
  • To establish mechanisms to investigate allegations of torture, police brutality and arbitrary detention in line with the OPCAT;
  • To put in place public awareness programmes for law enforcement to prevent acts of torture and impunity; to continue to take steps to combat corruption and investigate all such cases;
  • To align domestic legislation with the Rome Statute of the ICC;
  • To continue efforts to combat and protect victims of domestic violence and to ensure access to justice for victims; To remove barriers in accessing legal remedies against domestic violence;
  • To adopt the revised Law against Domestic Violence; to extend an invitation to the Special Rapporteur on violence against women;
  • To implement the Law on Combatting Human Trafficking of 2012, take additional steps to combat trafficking and ensure effective investigation and prosecution of perpetrators; 
  • To prevent child labour, hold child employers accountable and increase access to social services for working children; to explicitly prohibit corporal punishment;
  • To take additional measures to enhance women’s participation in political life and in decision-making processes and to improve the status of women in society;
  • To adopt comprehensive legislation addressing discrimination including based on ethnicity, religion and sexual orientation or gender identity;
  • To guarantee freedom of expression including on the Internet; To decriminalize defamation;
  • Ratification of human rights instruments: the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol; the Convention on the rights of migrant workers and members of their families; and the 3rd OP to the CRC (communications).

Adoption of report of Working Group

The adoption of the report of the UPR Working Group on Mongolia is scheduled to take place on Friday, 8 May 2015.

*The troikas are a group of three States selected through a drawing of lots who serve as rapporteurs and who are charged with preparing the report of the Working Group on the country review with the involvement of the State under review and assistance from the OHCHR.

** For access to the UPR Extranet, please fill out the following form to receive a username and password

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Rolando Gómez, Public Information Officer, OHCHR, + 41(0)22 917 9711, rgomez@ohchr.org
Cédric Sapey, Public Information Officer, OHCHR, + 41(0)22 917 9695, csapey@ohchr.org

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