Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

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

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

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

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

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