Topics of NGO submissions NGO Forum Joint Submission on the Status of Human Rights in Mongolia Mining, Environment, and Human Rights Right to Elect and to be Elected July 1 st 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 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 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) 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

Right to Adequate Standard of Living (Environment, Water, Food) Contradictions among environmental laws, lack of standard parameters to analyze implementation of related laws, insufficient implementation of standards for environmental protection, lack of standards for natural resource use, and regulation of dispute resolution procedures. Lack of access to fresh water sources by herders and households 60 per cent of households were undernourished Insufficient amount of safe and nutritious food that satisfies traditional dietary needs at reasonable and affordable price Loose quality controls over domestic and imported food products

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, 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 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

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