Transcript BRIEFING ON NGO SUBMISSIONS TO UPR

Topics of NGO submissions
 NGO Forum Joint Submission on the Status of Human
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Rights in Mongolia
Mining, Environment, and Human Rights
Right to Elect and to be Elected
July 1st and Human Rights
Food Security, Sovereignty, and Human Rights
Migrants’ and Refugees’ Rights
Human Trafficking and Human Rights
Minorities’ Rights
Rights of Persons with Disabilities
Issues covered
 Constitutional and Legislative Framework on Human
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Rights
National Human Rights Institutions and Policy Measures
Poverty and the Right to Development
Right to Adequate Standard of Living (Environment, Water,
Food)
Administration of Justice, including Impunity and the Rule
of Law
Freedom of Expression, Peaceful Assembly and Association
and the Right to Participate in Public and Political Life
Migration and Human Trafficking
Minorities (LGBT, Ethnic Minorities, Persons with
Disabilities)
Constitutional and Legislative Framework on
Human Rights
 Reluctant to fully incorporate the concepts and principles of
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human rights treaties into national laws
Need for timely submission of periodic reports on the
implementation of human rights treaties
Right to food, the right to equal suffrage and non-discrimination
based on ethnicity, sexual orientation and medical conditions
are not guaranteed by the Constitution
The Constitutional Court does not act upon violation of
individual rights. It does not have authority to review decisions
of the Supreme Court
Inadequate implementation of legislations
Inconsistency of existing laws with human rights standards
Lack of laws essential for human rights protection
National Human Rights Institutions and Policy
Measures
 The Law on the National Human Rights Commission (NHRC)
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not in conformity with the Paris Principles. Selection and
appointment of the NHRC members are politically motivated
The National Action Programme on Human Rights (NAPHR)
does not have much effect due to insufficient implementation
and lack of use of its oversight mechanisms
The National Program for the Protection of Women and
Children from Human Trafficking and Sexual Exploitation lacks
effectiveness and does not have sufficient funds
No economic or social programmes and services to assist internal
migrants from rural areas in adapting to urban life and in
accessing education, health and social benefits
Lack of programs to provide assistance to migrants voluntarily
returning from overseas and for those deported back to
Mongolia
Poverty and the Right to Development
 High poverty rate, high level of unemployment, increased
number of working poor among employed people and
increased number of homeless, working children and
female-headed households
 The minimum wage is not sufficient to cover the most basic
needs of the poor
 Lack of human-centred approach and the lack of
participation of especially poor people in the design and
implementation of development projects and programmes
 Information related to development are not always
available in the Mongolian language and not readily
accessible
Administration of Justice, including Impunity
and the Rule of Law
 Lack of the independence of judiciary
 The police often fails to implement the provision to
notify members of a detainee’s family or his/her
lawyers within 24 hours of the detention or allow the
detainee to make contact
 Legal provisions that entitle a suspect or a defendant
to legal assistance are not properly implemented, and
interrogations are conducted in advocates’ absence
 Use of threat and force by police officers on detainees
during the July 1st event
Freedom of Expression, Assembly and Association and
the Right to Participate in Public and Political life
 Lack of a legal environment conducive to the development,
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sustainable and independent activities of civil society
organizations
No legal provisions to allow public interest litigation
Lack of transparency in election and political party
financing as well as restrictions in independent monitoring
of voter registration and election process
Low representation of women and ethnic minorities in the
legislative branch. Ethnic minorities are underrepresented
or are entirely absent from policymaking sphere
Internal migrants from rural to urban areas are not able to
exercise their right to elect and to be elected
Migration and Human Trafficking
 Access to descent housing and safe and adequate living
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conditions for internal migrants are not guaranteed due to
lengthy and bureaucratic registration process of acquiring
residency IDs
Children of internal migrants are unavailable to access to quality
education
Court tends to depend on the Criminal Code provision which
relates to crimes committed by inducing others to prostitution or
organizing prostitution rather than using human trafficking
related provisions
About 85 per cent of investigated cases on trafficking are
dismissed by the prosecution due to insufficient evidence
No legislation for the protection of victims and witnesses of
human trafficking as well as their rehabilitation programs
Minorities (LGBT, Ethnic Minorities, Persons
with Disabilities)
 Discrimination and human rights abuses against LGBT
are prevalent in the public and private sectors
 Ethnic minorities experience cultural, educational,
linguistic, economic and political marginalization,
especially for non-Mongolian speaking minorities
 Loss of traditional nomadic lifestyle and source of
livelihood
 Stateless Kazakh individuals
Minorities (LGBT, Ethnic Minorities, Persons
with Disabilities)
 Negative public attitude towards persons and children
with disabilities. No condition in place for children
with disabilities to study in a regular school
 Restricted access to medical services due to financial
and physical obstacles
 Persons with disabilities experience difficulties in
accessing public services and buildings, including
educational establishments and hospitals, and using
public transportation
Reference materials
 NGO submissions
 Factsheets on NGO submissions
 Mapping table of official UPR documentation
 Suggested questions and recommendations on
Mongolia
 www.upr-mongolia.mn
Thank you for your attention