| For a summary of Mongolia’s review at the first cycle please click here. |
22nd UPR session
Date of review: 5 May 2015
Date of report adoption: 13 July 2015
Document number: A/HRC/30/6
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SUMMARY SOGIESC issues during Mongolia’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Implementation of international human rights obligations
5. More specifically, NHRCM expressed concern about discrimination faced by elderly people noting that the Government needs to ensure equal opportunities for the full participation of elderly people in the cultural and social aspects of society. In addition, NHRCM noted the lack of legal protections to protect LGBT people from discrimination and harassment.
Equality and non-discrimination
25. LGBT Centre of Mongolia (LGBTCM) recommended that Mongolia enact an anti-discrimination law that explicitly prohibit discrimination on the basis of sexual orientation and gender identity/expression to provide effective legal protection for sexual and other minorities in Mongolia, and establish a mechanism of anti-discrimination law enforcement through specifically assigned and mandated offices.
26. AI also noted with concern hostility and discrimination, particularly on the basis of gender identity or sexual orientation as there are no guarantees of protection on the basis of sexual orientation or gender identity in domestic law. AI further stated that although the reported number of attacks and harassment targeting lesbian, gay, bisexual, transgender and intersex (LGBTI) activists has decreased, the Government had not taken steps to fully implement the recommendations made in the previous UPR to prohibit discrimination against LGBTI individuals.
Right to life, liberty and security of the person
34. LGBTCM stated that the LGBT community experienced widespread and pervasive harassment by law enforcement officials, which includes covert surveillance of known LGBT persons, keeping files on them, monitoring of LGBT social events, photographing/filming those in attendance, phone-tapping, arbitrary detention, intimidation, threats, physical and sexual assaults either by law enforcement or by other inmates on LGBT persons while in custody.
Right to privacy, marriage and family life
43. LGBTCM stated that the prejudice against LGBT persons severely impacted on their ability to live wherever they choose and to live together in relationship with their partners.
Right to health
55. LGBTCM noted that there was a lack of understanding of sexual minorities among healthcare providers, as well as a lack of understanding of the attendant physical and psychological problems the LGBT community face as a result of sexuality-related trauma.
II. Excerpts on SOGIESC issues from the national report
Protection of rights of LGBT persons
98. To prohibit legally and to fight all forms of discrimination Mongolia is studying the possibility of recognizing Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination and introduced into a newly drafted Criminal Code the provision which reads “Criminal offences shall be imposed in case of discrimination due to nationality, origin, language, skin color, age, sex, social origin and status, wealth, employment, position, religion, views, education, appearance, sexual and gender orientation and health condition as well as in case of restriction of rights and freedoms, demand of action or inaction and intimidation.”
99. Due to traditional approach the discrimination against LGBT persons and violation of their human rights still exist to a certain extent. The results of a research on the implementation of rights of the LGBT persons in Mongolia carried out in 2012 with a view to combat discrimination due to sexual or gender orientation, to disseminate human rights education and information to the public and to raise public awareness have been reflected in the 12th report by the NHRC on situation of human rights and freedoms in Mongolia submitted to and discussed in SGH Standing Committee on Legal Affairs.
100. Within the NGO project on “Raising the public awareness and understanding of LGBT persons’ rights “aimed at reducing the negative image and resentment existing in the society, improving the people’s attitude and thinking culture and creating an environment conducive for the LGBT persons to exercise their rights and freely express their views, TV ads and documentaries broadcasted by several TV stations have proved to be effective.
III. Excerpts on SOGIESC issues by UN agencies
Constitutional and legislative framework
4. The Special Rapporteur on extreme poverty urged the Government to develop legislation with a view to effectively protecting the rights of lesbian, gay, bisexual and transgender persons, including by conducting thorough and impartial investigations of allegations of attacks against them
Equality and non-discrimination
9. The Special Rapporteur on extreme poverty encouraged Mongolia to revise the definition of discrimination within the Constitution in line with international human rights standards in order to prohibit all forms of discrimination, including on the basis of sexual orientation, gender identity and health status, and develop effective mechanisms to provide access to justice and remedies in cases of the violation of those rights
13. CAT welcomed the official registration of the LGBT Centre and noted with appreciation the indication by Mongolia of the need for a public awareness-raising campaign regarding lesbian, gay, bisexual and transgender (LGBT) persons. It was concerned at reports that LGBT persons were subjected to violence and sexual abuse, owing to widespread negative social attitudes. The HR Committee urged Mongolia to ensure that all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity were thoroughly investigated.
IV. References to SOGIESC issues during the Working Group review
21. The delegation of Mongolia explained that there were no official records of complaints received by the police regarding discrimination of lesbian, gay, bisexual and transgender (LGBT) people and on alleged mistreatment and dismissal of their complaints by law enforcement and supervisory bodies. Nonetheless, greater attention was still necessary to ensure the effective implementation of recommendations made by relevant treaty bodies and the National Human Rights Commission on the rights of LGBT people in areas of education, employment and health services, and other issues necessary in upholding their human rights.
35. Brazil […] noted that discrimination and violence against LGBT persons were still a challenge.
36. Canada noted that, although Mongolia had accepted its recommendations of the first universal periodic review cycle on death penalty and discrimination on the basis of sexual orientation and gender identity, no action had been taken on either issue.
67. According to the Criminal Code of Mongolia, hate crimes are prohibited based on a religious, sexual, or ethnic basis, and therefore, should such cases take place, the perpetrator would be subject to criminal liability. Despite the lack of records concerning discrimination against LGBT people, the delegation of Mongolia expressed the readiness of law enforcement institutions to provide for the protection and promotion of LGBT people’s rights.
98. The United States of America […] was concerned by violence against LGBT persons and excessive penalties attached to defamation lawsuits.
104. Regarding the status of LGBT rights in Mongolia, the delegation stated that the Government had been striving to ensure the rights of LGBT people ever since the first universal periodic review session. In addition, the delegation highlighted its appreciation for all recommendations concerning the criminal code provision on the elimination of all forms of discrimination of sexual minorities and LGBT people.
V. Conclusions and/or recommendations
Mongolia accepted the following recommendations:
108.21 Introduce comprehensive anti-discrimination legislation that would protect the rights of all members of minority groups including LGBT persons (United Kingdom of Great Britain and Northern Ireland);
108.53 Combat all forms of discrimination, including based on sexual orientation or sexual identity (France);
108.54 Develop pertinent legislation to guarantee the effective protection of the human rights of LGBTI persons, as well as undertake impartial investigations on the allegations of attacks against them in accordance with the Special Rapporteur on extreme poverty and human rights (Honduras);
108.55 Prohibit all forms of discrimination, including discrimination on the basis of sexual orientation and gender identity (Slovenia);
108.56 Ensure that all forms of discrimination are prohibited, including on the basis of sexual orientation, gender identity and health status (Timor-Leste);
108.57 Promote equality in the enjoyment of human rights of LGBTI persons incorporating it into national legislation (Uruguay);
108.58 Amend its criminal legislation to include crimes of hatred and of discrimination on the grounds of sexual orientation and gender identity (Spain);
108.59 Launch a public awareness-raising campaign to fight and prevent discrimination and violence against LGBT persons and to promote tolerance (Brazil);
108.60 Step up its efforts to counter discrimination and violence on the basis of sexual orientation or gender identity, and to structurally collect data and provide statistics and information in this regard. (Netherlands).
VI. Further information
You will find all documents relating to Mongolia’s second review at UPR-Info and OHCHR’s websites.