Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. The Committee had previously noted that section 7(4) of the Law on the Protection of the Rights of the Child of 1996 prohibits the "displacement" and "illicit transfer" of a child under 18 years of age. It had also observed that it is prohibited under section 111(1) of the Penal Code to enrol a person under the legal age in prostitution or send them abroad for the purpose of prostitution. It had further noted that, by virtue of section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad, employment abroad is prohibited for persons under the age of 18 years. The Committee had requested the Government to provide a definition of the terms "displacement" and "illicit transfer" used in section 7(4) of the Law on the Protection of the Rights of the Child, and the term "legal age" used in the Penal Code. It had also asked the Government to indicate whether section 7(4) of the Law on the Protection of the Rights of the Child and section 3 of the Law on Sending a Labour Force Abroad and Receiving Labour Force and Specialists from Abroad prohibit the trafficking of children for labour exploitation. The Committee notes the absence of information on this point.  It reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of children for sexual or labour exploitation constitutes one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee therefore once again requests the Government to provide a definition of the terms "displacement" and "illicit transfer" used in section 7(4) of the Law on the Protection of the Rights of the Child, and the term "legal age" used in the Penal Code. It also asks the Government to indicate whether the national legislation prohibits the sale and trafficking of children for labour exploitation. Finally, the Committee once again requests the Government to provide a copy of the Penal Code.

2. Forced or compulsory labour. The Committee had previously noted the Government’s indication that the Labour Code had been amended in 2003 and the term "forced labour" defined. It once again asks the Government to provide a copy of the Labour Code as amended in 2003.

3. Forced or compulsory recruitment of children for use in armed conflict. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.32 of 15 November 2004, page 20, paragraph 65), that by virtue of section 9(2) of the Law on Military Obligations and the Legal Status of Military Personnel, the minimum age for admission to compulsory military service is 18 years of age for men. The Committee once again asks the Government to provide a copy of the Law on Military Obligations and the Legal Status of Military Personnel.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 111(1) of the Criminal Code states that a person who organizes the permanent prostitution of others or involves persons under the legal age in permanent prostitution commits a crime. It had requested the Government to indicate if a person who occasionally uses, procures or offers a child under 18 years of age for prostitution commits an offence under national legislation. Noting the absence of information in this regard, the Committee once again asks the Government to indicate whether the national legislation prohibits the occasional use, procuring or offering of a child under the age of 18 for prostitution.

2. Use, procuring or offering a child for the production of pornography or for pornographic performances. The Committee had previously noted the Government’s indication that, by virtue of sections 122 and 123 of the Penal Code, it is an offence to press a child into pornography. It had requested the Government to provide information on the measures taken or envisaged to ensure that children under 18 years of age are not used for the production of pornography or for pornographic performances. The Committee notes that the Government’s report mentions the Law on Combating Pornography. It asks the Government to indicate whether this Law prohibits the use of a child under the age of 18 for the production of pornography or for pornographic performances. It also requests the Government to provide a copy of this Law.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that section 7(4) of the Law on the Protection of the Rights of the Child provides that "it is prohibited to attract a child under 18 years of age into crimes, violence, gambling, drinking, smoking, narcotics and other psychotropic substances". Since the use, procuring or offering of a child for the production and trafficking of drugs does not appear to be prohibited, the Committee had asked the Government to indicate the measures taken or envisaged to this end. The Committee notes the Government’s indication that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is not commonly observed in the country. It nevertheless reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee therefore requests the Government to identify and provide the text of any legislation, existing or envisaged, to prohibit the use, procuring or offering of a child under the age of 18 for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. 1. Self-employed children and children working in the informal sector. The Committee had previously noted that, by virtue of sections 109(4) and 110(3), of the Labour Code, persons under 18 years of age shall not be employed on any work which would negatively affect their intellectual development and health, or under abnormal working conditions. However, it had observed that, by virtue of section 4 of the Labour Code, the scope of application of this Law is limited to persons who work for an employer under a contract of employment. The Committee had requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes that the Government’s report contains no information in this regard. However, it notes that, according to the survey conducted by the Mongolian Employers’ Federation in 2003, 54.3 per cent of employers involved in the survey had been employing children without a formal employment contract. The Committee also notes the Government’s indication that 90 per cent of working children work in household enterprises and are not paid for their labour. The Committee requests the Government to provide information as to whether these informal work arrangements constitute labour contracts and accordingly enjoy the protection against hazardous work contained in the Labour Code. If these work arrangements do not constitute a labour contract, the Committee asks the Government to provide information on the measures taken or envisaged to ensure that children working without an employment contract are protected against hazardous types of work.

2. Horse jockeys. The Committee had previously noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.5), there is increasing criticism in the country about the denial of child rights in horse racing. It is estimated that 40 to 50 celebrations occur each year, and on each occasion 2,000 children jockeys (aged 6 to 16) are engaged. The Committee had also noted that horse racing causes potential risks to the life and health of very young children. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure that jockeys under 18 years of age do not perform their work under circumstances that are detrimental to their health and safety. Noting the absence of information in the Government’s report, the Committee once again requests the Government to indicate the measures taken or envisaged in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken to identify where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee notes the Government’s information that the Government, the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU) have organized a consultative meeting to define the worst forms of child labour according to the specifics of the country. As agreed by the social partners, the types of work considered as the worst forms of child labour, among others, include the following: labour in informal mining and opencast mining industries; work in rubbish-dumps; work in very hot and cold conditions for a long time; and lifting, carrying, loading and unloading heavy weights. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. The Committee had previously requested the Government to provide information on the concrete measures taken by the Government and governors and other legally authorized organizations and officials to monitor the implementation of the provisions giving effect to the Convention and the results observed. The Committee notes the Government’s information that the National Council for Children, which is responsible for ensuring the implementation of the National Programme of Action for Development and Protection of Children at the national, aimag and soum level, has a duty to organize all kinds of activities related to the development and protection of children. It also notes that the National Committee, established in 1999, provides assistance and counselling to the governors of provinces and soums in the area of child protection. The National Committee consists of representatives from the Ministry of Justice and Internal Affairs, the Ministry of Education, Culture and Science, the Ministry of Social Welfare and Labour, the Mongolian Employers’ Federation, the Confederation of Mongolian Trade Unions, the National Board for Children and the NGOs for children.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Programme of Action for the Development and Protection of Children. The Committee had previously noted that an eight-year National Programme of Action for the Development and Protection of Children had been launched in 2002. It had observed that the first phase of the programme did not focus on the elimination of the worst forms of child labour and had expressed the hope that the second phase of the programme would do so. The Committee notes the Government’s information that the National Programme of Action for the Development and Protection of Children (2002-10) will be carried out in three stages. It notes that the programme sets out 18 objectives towards the intensive eradication of the worst forms of child labour. Within the scope of objective 13 "Intensify activity to eliminate the worst forms of child labour" the following actions are being taken:

-  expand training and public awareness about international conventions on child labour;

-  conduct a national survey on the situation of child labour;

-  expand action in support of family livelihoods to reduce poverty and restrict the number of working children;

-  draw up and implement a policy to eliminate the worst forms of child labour;

-  eliminate the worst forms of child labour by increasing community and individual participation in monitoring and reporting the worst forms of child labour to state bodies; and

-  immediately take urgent measures to eliminate child labour in gold, metallurgic, coal and fluorspar mining.

The Committee takes due note of this information.

2. Memorandum of Understanding with ILO/IPEC. The Committee had previously noted that the Government and ILO/IPEC had signed in 2002 a Memorandum of Understanding. It had asked the Government to provide information on the concrete measures taken pursuant to the adoption of the Memorandum to eliminate the worst forms of child labour as well as the results achieved. The Committee notes the Government’s information that, with the assistance of ILO/IPEC, the national child labour survey, the baseline survey on child domestic workers and the survey on identifying the condition of children involved in sexual exploitation were launched by the National Statistics Office in 2002-03. It also notes that in the last two years, 341 representatives from central and local employers’ organizations and 464 representatives from workers’ organizations attended skills training and training materials for them were published. In particular, a handbook entitled "Child labour and your rights" was published and the publication "Combating child labour: A handbook for labour inspectors" was translated into Mongolian.

Article 7, paragraph 1. Penalties. The Committee had previously requested the Government to provide information on the practical application of the penalties for the breach of the provisions prohibiting the worst forms of child labour. The Committee notes the Government’s information that the court of Chingeltei district has convicted two citizens for involving a minor in sexual exploitation. It requests the Government to continue providing information on the practical application of penalties laid down in the relevant provisions of the national legislation.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the time-bound measures taken to: (c) ensure access to free basic education for children removed from the worst form of child labour; and (e) to take account of the special situation of girls. It once again requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(c) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted that over 60,000 children aged 8 to 15 years do not attend school, which represents 13 per cent of the age group. It had also noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.2), the country is lacking educational facilities and school dropouts remain a source of concern. The Committee had noted the Government’s indication that various measures are being taken under the national programme on quality education and training for children to improve access to school and the quality of education and to reduce school dropouts. The Committee had requested the Government to continue to provide information on the time-bound measures taken or envisaged to reduce school dropouts, and improve the availability of educational facilities all over the country, particularly for children living in rural areas. The Committee notes the Government’s information that a package of pre-school training materials was developed under the action programme implemented by the Family Development Centre to increase the role of pre-school education in preventing child labour. These materials were developed in cooperation with the National Non-Formal and Distant Education Centre and were professionally evaluated by a number of specialists receiving recognition in the subject matter. The Committee also notes that with the assistance of ILO/IPEC, 2,849 working children who have dropped out of school were involved in retraining for the last two years and 1,335 of them were transferred into secondary education. It further notes that a workshop was organized in February 2005 for the heads of 25 kindergartens in Ulaanbaatar with the participation of the representatives of the Ministry of Education, Culture and Science. The workshop participants expressed their interest in increasing the physical capacity of their kindergartens to enrol children from vulnerable groups and were encouraged to provide pre-school education for more children. The Committee also notes that the Family Development Centre has so far provided pre-school education to 72 children who are siblings of the working children and they have been enrolled into the first grade. It further notes that through the projects of ILO/IPEC, 544 children have been enrolled in vocational training. The Committee takes due note of this information. 

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that, according to section 15 of the Law on the Protection of the Rights of the Child, children under 18 years of age involved in armed conflicts or prostitution, as well as neglected or poor children are considered to be children in especially difficult situations. These children in difficult situations are entitled to the following care, privileges and assistance: (i) assistance in obtaining education and vocational training; (ii) free medical services; and (iii) state allowance for families which adopt children in difficult circumstances. The Committee had asked the Government to provide information on the practical application of the abovementioned provisions. The Committee notes the Government’s information that starting from 1 January 2005 the Government has launched the child benefits programme. Under this programme, each child of a poor family with three or more children is entitled to a monthly benefit of 3,000 Mongolian tughriks. The payment of the benefit is conditioned upon the following criteria: (1) the child must have received required vaccination; (2) the child must attend school or vocational training; and (3) the child should not be engaged in the worst forms of child labour. The Committee also notes the Government’s indication that the Government and NGOs are planning to cooperate in 11 activities to improve the lives of children in difficult circumstances by improving family surroundings and expanding social services. The Committee takes due note of this information.

Clause (d). Identifying and reaching out to children at special risk. 1. The trafficking of children. The Committee had previously noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 3.1), reports on alleged cases of women and girls trafficked are common in the media. Girls are mostly trafficked to China, Macao, Singapore, South Korea, Japan and Yugoslavia. The Committee had also noted the Government’s indication that it has been collaborating with ECPAT ("End child prostitution, child pornography and trafficking of children for sexual purposes") since 2002 to determine the direction of cooperation to eliminate the trafficking of children for sexual exploitation. The Committee had asked the Government to provide information on the time-bound measures taken or envisaged, in cooperation with ECPAT, to ensure that children under 18 are not trafficked for sexual exploitation. The Committee notes the Government’s information that, in accordance with the national programme, the Ministry of Social Welfare and Labour, the Ministry of Justice and Home Affairs and the National Board for Children are responsible for cooperation with other countries and international organizations to prevent the sale of children for sexual exploitation. It also notes that the General Police Department cooperates with other organizations to ensure the implementation of laws. The Committee requests the Government to indicate the concrete measures taken by these authorities in cooperation with ECPAT to prevent and combat the sale and trafficking of children for sexual exploitation.

2. Street children. The Committee had previously noted that the non-governmental organization "Save the children" establishes shelters for street children and provides assistance to children and families from vulnerable social groups. It had asked the Government to provide further information on the number of children targeted and the impact of the activities conducted by "Save the children" to protect street children and children from vulnerable social groups from the worst forms of child labour. Noting the absence of information from the Government, the Committee once again requests the Government to supply information on this point.

3. Children working in mines. The Committee had previously noted that the number of children under 18 working in mines is high in urban or settlement areas. It had also noted that, according to the report on human rights and freedoms of 2003 prepared by the National Human Rights Commission of Mongolia (paragraph 1.1.3.1.1.), children work in mines side-by-side with adults doing hard physical work, including dangerous work in direct contact with highly toxic mercury. The Committee had asked the Government to provide information on the time-bound measures taken or envisaged to ensure that children under 18 do not work in underground mines. The Committee notes the Government’s information that the Population Training and Research Centre of the National University of Mongolia has carried out a survey including 122 children aged 6-18 years who have been working in gold and coal mining in Selenge and Tuv aimags. According to the survey, most of the children started to work at the age of 12 years. Some 37.7 per cent of these children extract gold by using mercury and 22.5 per cent of them have had an accident at work. The Committee notes that one of the objectives of the national programme of action for the development and protection of children (2002-10) is to immediately take urgent measures to eliminate child labour in gold, metallurgic, coal and fluorspar mining. Nevertheless, the Committee remains concerned over the situation of children under the age of 18 performing dangerous work in mines. The Committee asks the Government to redouble its efforts to ensure that children under 18 do not work in underground mines in conformity with section 1 of Appendix 1 to Order No. A/204 of 1999 establishing the list of types of work prohibited to women and minors. It requests the Government to provide information on any progress made in this regard.

Part V of the report form. The Committee notes the Government’s information that, according to the National Child Labour Survey 2002-03 conducted by the National Statistical Office, 10.1 per cent or 688,000 children aged 5-17 are involved in economic activities. The number of working children is different by age, sex, region, economic sector, seasonal condition and type of employment. Thus, there are 8.7 per cent of boys and 5.7 per cent of girls aged 5-14, whereas 22.1 per cent of boys and 14.9 per cent of girls are aged 15-17. Some 91.7 per cent of all working children are working in agricultural and forestry industries, 1 per cent in processing industries, 0.8 per cent in the mining sector and 0.5 per cent in hotels and cafes.