Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Mongolie (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee recalls its previous comments which noted possible discrepancies between the penalties imposed under sections 115 and 124 of the Criminal Code which concern the involvement of children under 18 years of age in prostitution. The Committee noted that the sentence imposed for committing the crime involving a person under the legal age is lower than when the crime is committed against other persons. The Committee notes the Government’s indication in its latest report that the Criminal Code was amended on 19 January 2012 and that, according to the new provisions contained in the Government’s report, the penalty for involving minors into prostitution, among others, is now higher (51–100 amounts of minimum salary or incarceration for a term of more than three to six months under section 115.2) than those involving other persons (20–50 amounts of minimum salary, 100–250 hours of labour or incarceration of one to three months). The Committee welcomes the amended provisions of the Criminal Code and requests the Government to provide information in its next report concerning their application in practice, including the number of prosecutions and convictions and the specific penalties imposed.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the preparation, dissemination, sale, display to the public and importation of pornographic materials is prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carries a stiffer sanction. The Committee reminded the Government in this respect that Article 3(b) of the Convention defining the worst forms of child labour applies to the use, procuring or offering of a child under the age of 18.

The Committee notes the Government’s reference in its latest report to the Law on Education and the Law on the Fight against Pornography, which were both amended on 19 January 2012. The Committee notes that the specific provisions of these Laws, as reproduced in the Government’s report, impose aggravated penalties on the respective crimes that involve “persons under the legal age” in the Law on Education, and when they involve “minors” in the Law on the Fight Against Pornography. Nevertheless, as the terms “persons under the legal age” and “minors” are not defined in the legislative excerpts that are available, it is not possible to determine whether children over the age of 16 years are included. The Committee requests the Government to indicate the definition of the terms “persons under the legal age” and “minors” as used within the context of the Law on Education and the Law on the Fight against Pornography. Furthermore, noting that these complete texts, as amended, have not been made available, the Committee requests the Government to transmit copies of both Laws in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide definition of its terms “persons under the legal age” and “minors” within the context of section 192.3.2 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances. The Committee notes that the Government’s report fails to provide these definitions but rather cites the Civil Code of Mongolia, which distinguishes the degree of civil legal competency by age, including terms, such as “partial civil legal capability” for children aged 14 to 18 years, which are not reproduced in the Criminal Code. The Committee is accordingly bound to request, again, that the Government indicate the definition of “persons under the legal age” and “minors” as used within the context of criminal liability under sections 192.3.2 and 56.1.3 of the Criminal Code.

Clause (d). Hazardous work. Horse jockeys. The Committee recalls its previous comment which noted that, under the Law on National Naadam Festival, the lower age limit for children riding racehorses is established at 7 years of age. The Committee expressed its concern at the continued use of children under 18 years of age in horse racing. It considered that horse racing, by its nature and the extremely hazardous conditions in which it is performed, is likely to harm the health and safety of the children. It further noted the Government’s indication that, pursuant to a cooperative project between the ILO–IPEC and the National Board for Children (NBC), the NBC was drawing up the standards for protective clothing to ensure the children’s safety.

The Committee welcomes the Government’s indication that the Law on National Naadam Festival has been amended to include new provisions to protect children, as well as its reference to the Mongolian National Standard MNS 6264:2011 which sets out strict requirements on protective clothing for child jockey and horse tools, including requirements on helmets, eyeglasses, knee and arm pads, boots and horse tack. The Committee notes the Government’s indication that training has been carried out in 21 provinces on the implementation of these standards, and that the Horse Federation of Mongolian Horse Racing Sport and Trainers has signed a memorandum of understanding of cooperation and has taken a number of steps to advocate and raise awareness concerning the standards.

While noting this information, the Committee notes the findings of the UN Special Rapporteur of 30 May 2013 (A/HRC/23/36/Add.2, paragraph 38) which observed reports regarding the continuing injuries and fatalities arising from the practice of using child jockeys, as well as its request that the Government take immediate measures to ensure the protection of these children. The Committee further notes the 12th Report on Human Rights and Freedoms in Mongolia by the National Human Rights Commission (2013), which finds that despite the progress in regulating the use of protective clothing in MNS 6264:2011, the implementation of the standard is not effective; no action has been taken to protect the rights of child jockeys; the penalties contained in the regulations are inadequate; and that, pursuant to a 2010 survey conducted by the National Authority for Children, there were incidents of children aged five to seven years competing in horse racing. Recalling that horse racing is inherently dangerous to the health and safety of children, the Committee requests the Government to take progressive measures to ensure that no child under 18 years of age is employed as a horse jockey. Furthermore, the Committee again asks the Government how it ensures that the protective measures referred to above are strictly enforced and that unannounced inspections are carried out by the labour inspectorate to ensure that those children under 18 years of age who continue to work as child jockeys do not perform their work under circumstances that may be detrimental to their health and safety.

Article 6. Programmes of action. In its previous comments, the Committee requested the Government to provide updated information concerning national programmes to combat the worst forms of child labour. The Committee notes the Government’s reply, which makes reference to the 2011–16 National Programme for the Elimination of the Worst Forms of Child Labour, which the Government indicates will be implemented in two phases: Phase I (2012–13) and Phase II (2014–16). The Government indicates that, to implement the National Programme, a working group consisting of representatives of the Ministry of Population Development and Social Protection and the Ministry of Labour are working to restructure and amend the action plan. The Government further indicates that a survey is being conducted under the National Programme that will provide information concerning the changes that have occurred in child economic activities and working conditions. The Committee welcomes the Government’s efforts to effectively implement its National Programme for the Elimination of Child Labour and requests the Government to submit any results achieved in Phase I (2012–13) or thus far in Phase II (2014–16) in its next report. The Committee also requests the Government to submit the results of the survey concerning child economic activities and work conditions that were referenced in the Government’s report.

Article 7(1) and Part III of the report form. Penalties and court decisions. In previous comments, the Committee expressed concern over the low number of convictions for trafficking of children and noted the comments of the Committee on the Elimination of the Discrimination Against Women, which expressed concern about the increasing incidence of trafficking and exploitation of women and girls, the low rate of prosecutions, and the high number of dismissed trafficking cases. Noting the absence of a reply to this point, the Committee again requests the Government to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Street children. In its previous comments, the Committee expressed concern over the increasing number of street children living in very harsh conditions and requested the Government to provide information concerning the number of street children removed from the streets pursuant to the implementation of programmes and projects. In its report, the Government refers to the Law on Police Officials, as amended on 5 July 2013, which criminalizes the failure to raise children and requires police officers to keep records and to launch a new database in this respect. The Government also indicates that special investigators have been appointed to deal only in crimes related to children. The Committee requests the Government to continue to provide information on measures taken to remove children from the streets and to furnish detailed information in its next report concerning the number of children who have been removed from the streets pursuant to those measures. The Committee further requests the Government to provide updated information concerning the new database referred to in the Law on Police Officials, including the type of information obtained and its practical application.

2. Children working in mines. The Committee recalls its previous comment which took note of the national programmes and policies that aimed to remove children working in the mining sector and rehabilitate them. Noting the absence of new information on this point, the Committee again requests the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.