| For a summary of Mongolia’s review at the second cycle please click here. |
9th UPR session
Date of review: 2 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/5
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SUMMARY SOGIESC issues during Mongolia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
15. According to Amnesty International (AI), discrimination on the basis of sexual orientation or gender identity was not prohibited in legislation, including the Constitution. AI called on Mongolia to ensure that discrimination on the basis of sexual orientation and gender identity is explicitly prohibited in legislation, including the Constitution. Furthermore, AI called on Mongolia to amend legislation to include a definition of racial discrimination in accordance with the definition in the Convention on the Elimination of all Forms of Racial Discrimination. Joint Submission 8 (JS8) recommended that Mongolia enact an anti-discrimination law that explicitly reflects non-discrimination based on HIV/AIDS status, and establish a mechanism for monitoring the implementation of the anti-discrimination law.
16. JS8 and Joint Submission 9 (JS9) recommended that Mongolia enact an anti-hate crime law to protect minorities from hate crimes, ensure privacy and confidentiality of information, emphasize education and conciliation, and provide for speedy and effective criminal, administrative and civil remedies.
17. AI noted the information about discrimination against lesbian, gay, bisexual and transgender persons (LGBT), including being fired from employment or forcibly evicted on the basis of their real or rumoured sexual orientation or gender identity and reported that in many cases, the victims did not seek support from the police due to fear of reprisal. JS8 also claimed that discrimination and human rights abuses against LGBT were endemic in the public and private sectors, including by the police and the judiciary, health-care services, education, the housing sector and the media. JS9 noted the discrimination against LGBT in the housing sector.
18. JS9 referred to information indicating widespread discrimination in the workplace in both private and public sectors against LGBT, and noted that both sectors were actively engaged in the violations of LGBT’s right to work. JS9 also noted reports of harassment, bullying, intimidation and ostracism of LGBT persons in the workplace. JS9 recommended that Mongolia guarantee non-discrimination based on sexual orientation and/or gender identity in the workplace and ensure that the Government and the private sector develop codes of conduct which translates human rights principles into codes of professional responsibility and practice.
19. JS9 noted that same-sex marriages were neither registered nor recognized and recommended that Mongolia review the Family Law to provide for protection and assistance for consenting adults to marry and found a family without discrimination based on their sexual orientation. Furthermore, JS9 and JS8 recommended that Mongolia ensure that a same-sex marriage that was legally recognised elsewhere was afforded the same status or recognition and legal and civil protection as heterosexual marriages.
Right to life, liberty and security of the person
28. JS9 noted the reported cases of harassment and persecution of LGBT by the General Police Department and the General Intelligence Agency. It also noted that, according to information collected from the LGBT community, sexual violence against lesbian and bisexual women in particular and against transgender persons was common, and that domestic violence, including physical and psychological violence was the most common form of violence that LGBT faced. AI also referred to reports of attacks against LGBT. AI called on Mongolia to ensure thorough and impartial investigation into all allegations of attacks and threats against individuals targeted because of their sexual orientation or gender identity and to bring those responsible to justice. JS8 and JS9 recommended that Mongolia amend the 2004 Domestic Violence Law to include specific references to domestic violence against LGBT and provide legal redress for those who become victims of domestic violence.
29. JS9 recommended that Mongolia provide continued training for the law enforcement and judicial sectors on the prevalence of sexual and gender-based violence against LGBT and codify their obligation to uphold non-discriminatory and inclusive practices, including the preservation of dignity and confidentiality in their dealings with such victims of sexual abuse. JS9 further recommended that Mongolia provide social services and support for sexual minorities who were victims of domestic violence, including state protective shelters for victims, medical care and psychological counselling.
Freedom of religion or belief, expression, association and peaceful assembly and right to participate in public and political life
40. AI called on Mongolia to promote the rights to freedom of expression, association and assembly without discrimination to members of the LGBT community. Similarly, JS9 recommended that Mongolia ensure the full enjoyment of freedom of association and peaceful assembly for members of sexual minorities.
Right to social security and to an adequate standard of living
52. JS9 recommended that Mongolia ensure healthcare providers are informed about the physical and psychological issues that pertain to sexual minorities and that they must provide healthcare without discrimination or ostracism.
Right to education and to participate in the cultural life of the community
59. JS8 further recommended that Mongolia review the secondary education and teacher training curricula in order to mainstream human rights, with particular attention paid to the inclusion of sexual minorities.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
22. The delegation stated that there no data had been recorded regarding the allegation of discrimination based on sexual orientation against lesbian, gay, bisexual and transgender persons. There had been regular supervision by the Prosecutor’s Office on this issue, and an Open-Door Day was held each month in order to receive individuals’ complaints and requests. Support was provided for the participation of advocates in the process of interrogating suspects and prosecuted persons. The Government planned to conduct a survey on lesbian, gay, bisexual and transgender persons and to record their needs and requests, which would make it possible to identify areas for possible legal amendments. In addition, an association of lesbian, gay, bisexual and transgender persons had been registered.
24. The delegation explained that, under the Labour Law, an employer should not ask questions pertaining to the private life, marital status, sexual orientation or pregnancy of an employee unless such questions were related to the work or duties to be performed. There were no cases or data regarding the firing or discharge of lesbian, gay, bisexual and transgender persons from their work, and the relevant laws prohibited discrimination based on sexual orientation.
43. Sweden […] expressed concern over the attacks against lesbian, gay, bisexual and transgender individuals and documented discrimination against them. Sweden asked about actions taken to ensure the full enjoyment of human rights by lesbian, gay, bisexual and transgender communities.
44. Norway […] noted the recent rise in nationalism, which had resulted in cases involving discriminatory criminal acts, and referred to incidents of discrimination against minorities, including lesbian, gay, bisexual and transgender persons. Norway referred to the current discussion on possible accession to the 1951 Refugee Convention and the 1967 Optional Protocol thereto.
46. The United Kingdom […] asked what legislative measures would be taken to abolish the death penalty and prevent discrimination based on sexual orientation.
50. The Constitution prohibited discrimination on all grounds, including sexual orientation, and any law proved to be inconsistent with the Constitution should be amended to bring it into line with that document. Thus, any form of discrimination was unlawful. However, traditional stereotypes existed in society, and therefore the Government acknowledged the need for greater efforts in terms of public awareness activities and training to change persistent attitudes in society.
64. Although homosexuality had not been criminalized, Spain stated that provisions of the Penal Code might be used against lesbian, gay, bisexual and transgender persons. Spain asked for information about tangible measures taken to investigate the July 2008 events in Sukhbaatar Square.
69. The Netherlands […] commended Mongolia for the establishment of a centre for lesbian, gay, bisexual and transgender persons, but expressed concerns about reported incidents of harassment against such persons.
V. Conclusions and/or recommendations
Mongolia accepted the following recommendations:
84.17. Enact broad anti-discrimination legislation that explicitly prohibits discrimination based on sexual orientation and gender identity (Canada);
84.56. Publicly condemn all forms of violence and discrimination based on sexual orientation, and investigate and prosecute all reported attacks and threats against individuals based on their sexual orientation (Netherlands);
84.57. Develop its legislation with a view to effectively protecting the rights of LGBT persons, and discourage the development of discriminatory ideologies in the country through information and human rights education (Switzerland);
84.58. Ensure thorough and impartial investigations into all allegations of attacks and threats against individuals targeted because of their sexual orientation and gender identity, and bring to justice those responsible (Canada);
84.96. Ensure thorough and impartial investigations into all allegations of attacks and threats against individuals targeted because of their sexual orientation, as in the case of LGBT individuals, and bring to justice those responsible in accordance with international standards of fair trial (Sweden);
84.99. Promote the rights to freedom of expression, association and assembly without discrimination of members of the LGBT community (Sweden);
86.8. Amend the provisions of the Criminal Code and eliminate legal provisions and practices by public authorities, including possible practices of harassment and bullying by the police forces, which lead to discrimination based on sexual orientation and gender identity (Spain).
VI. Further information
You will find all documents relating to Mongolia’s first review at UPR-Info and OHCHR’s websites.