Committee on the Elimination of Discrimination against Women
Twenty-fifth session
15 January-2 February 2001Consideration of reports of States parties
Mongolia
Combined third and fourth periodic report
1. The Committee considered the combined third and fourth periodic report of Mongolia
(CEDAW/C/MNG/3-4) at its 504th and 505th meetings, on 29 January 2001.(a) Introduction by the State party
2. In introducing the report, the representative of Mongolia informed the Committee that Mongolia was one of the first countries to ratify the Convention on the Elimination of Discrimination against Women in 1981. She also informed the Committee that in 1998, the Parliament of Mongolia had accepted the amendment to article 20, paragraph 1, of the Convention. Mongolia had signed the Optional Protocol to the Convention in September 2000, and the procedures towards ratification were under way in Parliament.
3. The representative emphasized that during the 10 years since the submission of its second report, Mongolia had seen radical changes in its political, economic and social life. Mongolia had become a country with a parliamentary Government and a multi-party system. Mongolia had become party to 30 international human rights treaties and had adopted relevant policies, enacted or amended legislation in accordance with its treaty obligations.
4. The representative informed the Committee that the Mongolian Constitution prohibited discrimination on the basis of sex. Women's rights to education, employment, as well as participation in politics, were also protected by the Constitution and other legislation.
5. Reporting on actions taken pursuant to the Convention, the representative informed the Committee that legislation had been amended and new legislation introduced in order to integrate the basic tenets of the Convention into the legislative framework and government policies and programmes. She also indicated that national programmes had been implemented to address the special needs of rural women, and initiatives to introduce advanced technology and create more job opportunities had been put in place.
6. The representative highlighted the Health Law, which came into force in 1998, and the new Labour Code, which contained specific provisions prohibiting discrimination in the workplace. The Family Law came into force in 1999 and provided for women's equal rights to inheritance, land use and ownership of livestock and other property. The representative indicated that the State Great Hural (Parliament) had recently adopted the Law on the National Human Rights Commission, and that, in collaboration with international organizations, the Government had launched a process of a nation-wide discussion to develop a national programme on human rights.
7. The representative informed the Committee of some of the achievements in implementing the Convention in Mongolia. These included the creation of an appropriate legal environment, an increase of NGO participation, the development and implementation of gender policies and women's high level of education. Factors that had hindered the full implementation of the Convention included the lack of a specific national machinery, the high maternal mortality rate, the low participation of women in political decision-making, the discrepancies between different geographic areas and social groups, the rise in domestic violence against women and the lack of legal literacy among women.
8. The representative concluded by reporting on Mongolia's strategies for future implementation of the Convention. These were the improvement of the national coordination and integrating mechanism, the establishment of an integrated database, ongoing analysis of existing laws, a comprehensive review of the rural sector, and the strengthening of cooperation between Governmental and non-governmental organizations to promote the legal literacy of women.
b.Concluding comments of the Committee
Introduction
9. The Committee expresses its satisfaction at the submission of the third and fourth periodic reports of Mongolia and answers to the questions of the pre-session working group. It welcomes the oral updating statement, in particular the various strategies envisaged for the future implementation of the Convention.
Positive aspects
10. The Committee commends the Government for ratifying the amendment to article 20 (1) of the Convention and taking steps to ratify the Optional Protocol.
11. The Committee notes that some legislative reforms regarding women have been undertaken, inter alia, provisions prohibiting discrimination in the workplace and prohibitions that allow for women's equal rights to inheritance, land use and ownership of livestock and other property. It also notes the recognition of women's non-governmental organziations by the Government.
12. The Committee commends the progress made in providing women with access to education and the achievement of high levels of participation at the tertiary level.
13. The Committee welcomes the efforts to undertake a situation analysis of women in Mongolia and develop a national programme of action for the advancement of women, with technical support from international agencies.
Factors and difficulties affecting the implementation of the Convention
14. The Committee notes that the persistence of stereotypical and patriarchal attitudes to women's role in the family and community prevents the enjoyment by women of human rights, and denies them the opportunity to participate fully in national development.
15. The Committee considers that the negative effects of the country's ongoing transition to a market economy are major impediments to the full implementation of the Convention.
Principal areas of concern and recommendations
16. The Committee notes with deep concern the deteriorating situation of women in Mongolia in a period of economic transformation. It is particularly concerned that the Government has failed to prevent the erosion of women's rights to economic advancement, health, education, political participation and personal security.
17. The Committee urges the Government to protect and promote women's human rights and to utilize the development and technical resources available as well as the human resources of the country, including civil society and women's groups, so as to reverse this trend.
18. The Committee is concerned that poverty is widespread among women as a consequence of privatization and other factors linked to the transition to a market economy.
19. The Committee calls on the Government to collect data and information on women living in poverty, disaggregated by age and according to urban and rural areas; to develop targeted policies and support services; to make efforts to prevent more women from falling below the poverty line; and in particular to address the situation of women-headed households.
20. The Committee is concerned that, although the Constitution provides for the equality of all citizens before the law, it does not reflect the definition of discrimination in article 1 of the Convention, which prohibits both direct and indirect discrimination. It is also concerned that there are no remedies available to women to redress violations of their rights.
21. The Committee calls on the Government to undertake legal reforms so as to ensure that the full meaning of article 1 of the Convention is reflected in the country's Constitution aand will ensure that the rights under the Constitution will be enforceable.
22. The Committee notes that a series of laws have been enacted but have not been analysed for their potentially discriminatory impact on women. It is also concerned that laws are not effectively enforced so as to protect women's human rights.
23. The Committee calls upon the Government to review and reform all gender discriminatory laws, in consultation with professional and women's groups. It urges the Government to strengthen law enforcement and provide effective remedies through the courts. The Committee also requests the Government to develop legal literacy programmes for the community and gender-sensitization programmes for judges and law enforcement officials.
24. The Committee notes with concern that Mongolia has not yet specifically developed gender-sensitization and legal literacy programmes for its large youth population.
25. The Committee calls upon the Government to extend its distance education scheme for the youth population to include gender education programmes as soon as possible. The Committee considers that the youth population can be an important resource in changing stereotypical and patriarchal attitudes in society.
26. The Committee is concerned that the high achievement levels of women in education is not reflected in their participation in legislative, national and local government bodies and in decision-making posts in administration.
27. The Committee is deeply concerned that the phenomenon of violence against women has not been adequately addressed in laws, policies and programmes. It is particularly concerned with the long delay in enacting the proposed legislation on domestic violence.
28. The Committee urges the Government to enact the proposed domestic violence law, including marital rape, strengthen law enforcement and develop a holistic range of initiatives to respond to violence against women in the light of general recommendation 19 on violence against women and the Declaration on the Elimination of Violence against Women.
29. The Committee urges the Government to introduce temporary special measures, in conformity with the Convention, and public awareness and human rights education programmes that will create a supportive environment for women's equal participation in public life.
30. The Committee notes that a range of institutions and agencies deal with gender issues in an ad hoc manner and do not coordinate their work. The Committee is concerned that, although the Government has recognized the weakness of the national machinery, it has not provided information on new initiatives to address this problem.
31. The Committee urges the Government to establish strong and effective national machinery so that the Convention and the Beijing Platform for Action can be integrated into development plans. It considers that gender mainstreaming must be effectively coordinated and monitored. The Committee also recommends that gender concerns be integrated into the work of the human rights commission and that women be appointed as members of this body.
32. The Committee is concerned that limited steps have been taken to combat prostitution and trafficking in women.
33. The Committee urges that the Government take steps to prosecute persons engaged in organizing prostitution and to adopt effective measures to combat trafficking in women.
34. The Committee is deeply concerned at the negative impact of privatization on women's access to adequate health care and education.
35. The Committee calls upon the Government to ensure that these social services, particularly in the areas of health and education, do not suffer as a result of privatization.
36. The Committee is deeply concerned that Mongolia places the responsibility of family and childcare exclusively on women, particularly as Mongolia's population policy encourages women to have large families. It notes that this situation encourages their marginalization in the economy and exacerbates poverty.
37. The Committee urges the Government to develop laws, policies and educational programmes that support and promote the idea of shared parental responsibility and prevent discrimination against women because of family responsibilities.
38. The Committee is concerned about the high level of unemployment of women.
39. The Committee urges the Government to establish a legislative basis that ensures women equal access to the labour market and equal opportunities to work and prevents direct and indirect discrimination in employment. It calls on the Government to implement employment policies aimed at reducing the unemployent of women.
40. The Committee expresses its concern with regard to women's health throughout their life cycle. The Committee is also concerned that economic hardship impacts negatively on women's reproductive and mental health. In particular, the Committee notes with concern the acute problem of maternal mortality, due in part to abortions performed in unsafe conditions and non-availability of family planning services.
41. The Committee urges the Government to maintain adequate, safe, affordable and accessible physical and mental health services for women throughout their life cycle. It urges the Government to increase access to affordable contraceptives for women and men, particularly in rural areas, and to provide sex education to girls and boys.
42. The Committee is concerned that much of the information provided in the oral and written responses was not related to the current situation of women in Mongolia.
43. The Committee further requests that the Government provide pertinent information on the situation of women in its next report as well as information on the other concerns raised in these concluding comments.44. The Committee encourages the Government to ratify the Optional Protocol to the Convention.
45. The Committee requests the wide dissemination in Mongolia of the current concluding comments in order to make the people, in particular government administrators and politicians, aware of the steps that have been taken to ensure the de jure and de facto equality of women as well as of further steps that are required in this regard. It also requests the Government to continue to disseminate widely, in particular to women's and human rights organizations, the Convention, its Optional Protocol, the Committee's general recommendations and the Beijing Declaration and Platform for Action, and the results of the twenty-third special session of the General Assembly, entitled "Women 2000: gender equality, development and peace for the twenty-first century".
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