Solicitud directa (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Mongolia (Ratificación : 2001)

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Observación

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Article 3 of the Convention. Worst forms of child labour. Clause (b). 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 was prohibited under section 123 of the Criminal Code, and that inducing a person under the age of 16 to commit such a crime carried a stiffer sanction. It noted the Government’s reference to the Law on Education and the Law on the Fight against Pornography, which provide for aggravated penalties on the respective crimes that involve “persons under the legal age” and “minors”. The Committee requested the Government to indicate clearly the definition of these terms, as used within the context of the Law on Education and the Law on the Fight against Pornography.

The Committee notes the Government’s indication that the Rights of the Child Act defines a child as a person under 18 years of age, in accordance with the Rights of the Child Convention of 1989. The Government states that, in line with this, the Law on Education and the Law on the Fight against Pornography also define a child as a person under 18 years of age. The Committee takes due note of the information provided by the Government and notes with interest that section 16.8 of the Criminal Code of 2015, which entered into force in July 2017, provides for a fine, community work, restriction of movement or imprisonment of six months to three years for any person who forces a child to perform pornographic activities. The Committee requests the Government to provide information on the application in practice of section 16.8 of the Criminal Code of 2015.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee previously requested the Government to provide a definition of its terms “minors” and “persons under the legal age” within the context of sections 192.3.2 and 56.1.3 of the Criminal Code, which are included as aggravating circumstances for the imposition of penalties, respectively for the illegal preparation, acquisition, transportation, delivery and distribution of narcotic drugs and psychotropic substances, and for the instigation or involvement of persons into committing a crime or causing the commission of a crime.

The Committee notes the Government’s statement that, according to the Rights of the Child Act, a child is defined as a person under the age of 18 years. The Government indicates that the Criminal Code came into force in July 2017. The Committee requests the Government to indicate if the new Criminal Code prohibits the use, procuring or offering of a child under 18 years of age for illicit activities, such as the production or trafficking of drugs, pursuant to Article 3(c) of the Convention and, if so, to indicate the relevant provisions.

Articles 6 and 7(2)(a) and (b). Programmes of action and effective time-bound measures for prevention, assistance and removal. Child trafficking. The Committee observes that the Organization for Security and Co-operation in Europe (OSCE) Special Representative and Co-ordinator for Combating Trafficking in Human Beings indicated in its report on Mongolia of February 2018 that Mongolian children are trafficked, both within Mongolia and externally, to Hong Kong, Macau, China, South Korea, Japan, Europe and Turkey and to a lesser extent to the Russian Federation and Kazakhstan (paragraphs 26 and 28). The Committee notes the Government’s indication, in its report submitted under the Forced Labour Convention, 1930 (No. 29), that the National Programme on combating Human Trafficking, adopted in 2017, aims, inter alia, at preventing and combating trafficking in persons, and at taking and implementing measures for the protection of victims, including medical and psychological assistance. The National Human Rights Commission of Mongolia indicated in its 17th Status Report on Human Rights and Freedoms issued in 2018 that the National Programme on combating Human Trafficking is a four-year programme, for the 2017–21 period. The Committee requests the Government to provide information on the implementation of the National Programme on combating Human Trafficking and its impact on the elimination of the trafficking of children under 18 years of age for labour and sexual exploitation. It requests the Government to provide information on specific measures to prevent children under 18 years of age from becoming victims of trafficking as well as on the number of child victims of trafficking who have been removed from exploitation and who have been rehabilitated and socially integrated.

Article 7(1). Penalties and court decisions. Trafficking of children. In its previous comments, the Committee noted the low number of convictions for trafficking of children. It noted that the Government was in the process of creating a single information pool on human trafficking crimes. The Committee accordingly requested the Government to intensify its efforts to provide information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied, in cases involving victims under 18 years of age, including in the framework of the information pool on human trafficking.

The Committee notes the Government’s indication that, according to the General Police Department, no cases of children and girls trafficked were registered between 2016 and May 2018. The Committee takes note of the Joint Staff Working Document of the European Commission on the European Union Special Incentive Arrangement for Sustainable Development and Good Governance assessment of Mongolia covering the period 2016–17 (Document of the European Commission on Mongolia 2016–17), which indicates that the low number of convictions linked to child trafficking remains alarming. It further notes the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings’ indication, in its 2018 report on Mongolia, that traffickers are rarely prosecuted and that, according to the Criminal Case Chamber of the Supreme Court, prosecution rates of human trafficking cases are very low, owing to the reluctance of victims to cooperate with the investigation and a lack of capacity of police investigators to collect evidence to support investigation (paragraph 41). The Committee urges the Government to take all the necessary measures to ensure that thorough investigations and effective prosecutions of individuals who engage in the trafficking of children are carried out. It requests the Government to provide information in this respect, including statistical information on the number and nature of offences reported, investigations, prosecutions, convictions and penalties imposed on perpetrators.

Article 7(2). Clause (d). Identifying and reaching out to children at special risk. 1. Street children. The Committee previously noted the Government’s indication that it conducted regular operations to identify and register unsupervised children living in Ulaanbaatar city since 2012. It noted that 11 centres were contracted to provide rehabilitation to children in Ulaanbaatar. The Committee requested the Government to continue to provide information on the measures taken to remove children from the streets and to rehabilitate and socially integrate them, including the number of street children who have been received and rehabilitated by childcare centres.

The Committee notes the Government’s information that in the first half of 2018, 15 temporary shelters cared for more than 600 children. It notes that, in its report to the Committee on the Rights of the Child (CRC) of 2017, the Government indicates that one of the objectives of its Action Programme 2016–20 is to improve registration and protection of street children. In this framework, measures to identify street children, provide them with temporary shelter and other protective services are being developed. The Government indicates that, in May 2017, there were approximately 50 street children in the capital city (CRC/C/MNG/Q/5/Add.1, paragraph 71). The Committee notes that, according to the Document of the European Commission on Mongolia 2016–17, the increasing number of street children living in harsh conditions remains alarming. The Committee requests the Government to pursue its efforts to identify and protect street children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this regard, particularly within the framework of the Action Programme 2016–20.

2. Children working in mines. The Committee previously noted that, according to UNICEF, children working in mines often handle explosives, transport heavy materials, stand in water for prolonged periods, work in extreme climate conditions, risk falling into open pits, and are exposed to toxic chemicals. It requested the Government to provide information on the impact of its national projects in removing children working in the mining sector and rehabilitating them.

The Committee notes the Government’s indication that according to a study on the employment of children in small-scale mines, 1,498 employed children were identified in 2016. The Committee notes the Government’s indication, in its report to the CRC of 2017, that the list of jobs prohibited for minors under 18 years of age, which was revised and approved by Decree A/36 in 2016, includes work in artisanal mining area. The Government also states that training and awareness-raising campaigns on the prohibition of child labour were organized by the Authority on Family, Child and Youth Development, with support from the Sustainable Artisanal Mining project of the Swiss Development Agency and the ILO (CRC/C/MNG/Q/5/Add.1, paragraphs 23 and 24). The Committee takes note of the information in the 17th Human Rights and Freedoms in Mongolia Status Report, issued in 2018 by the National Human Rights Commission of Mongolia, pursuant to which artisanal mining is an alarming child labour issue. The Committee urges the Government to intensify its efforts to remove and rehabilitate children working in the mining sector. It requests the Government to provide information in this respect, and to supply a copy of the latest version of the revised list of jobs prohibited for minors under 18 years of age.