Child Rights Analysis 2020 Situational Mongolia

CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

DAA 340.009 NNA 67.3 CONTENT C-53 Tables�� 7 Summary �� 9

PART ONE ��11 1 a. Child Rights Situational Analysis – 2020 �� 13 1 b. About Save the Children�� 15

2. MONGOLIA-COUNTRY FACTS AND FIGURES �� 16 2 a. Demography, geography, climate, socio-economic situation and pollution �� 17 Mongolia’s population, geography and climate �� 17 Economic situation �� 20 Social situation �� 31 Environmental pollution �� 56 2 b. International and regional human rights treaties and conventions ratified by Mongolia �� 60 2 c. Judicial and Political system �� 63 Political Situation �� 63 Press Freedom �� 74 Sub-section conclusion �� 75

PART TWO ��77 3. SITUATION ANALYSIS OF THE UNCRC IMPLEMENTATION �� 78 3 a. Articles establishing cross cutting systems of principles and institutions �� 79 General measures of implementation �� 79 Enabling legislation for child rights�� 79 The National Program for the Promotion of Rights, Participation and Development of People with Disability �� 87 Research & Analysis Team Leader: Laws and regulation concerning health, food nutrition and sanitation �� 89 Tsolmon Enkhbat, Education laws and regulations �� 89 Child Protection and Child Rights Governance Programs Manager of Save the Children Japan, Child Protection response service laws and regulations�� 91 Mongolia Office Juvenile Justice Board �� 96 Multi-disciplinary teams (MDTS) �� 98 Research Team: Budget and financing for child rights�� 104 Khishigtugs Amarbayasgalan, Altanbayar Altankhuyag, Maralmaa Munkhtumur, Otgon Bazarragchaa, General principles �� 106 Bayasgalan Badamtsetseg Definition of the Child �� 107 Sub-section conclusion �� 107 ISBN: 978-99978-895-5-3 3 b. Articles establishing substantive rights �� 109

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EDUCATION ��109 CIVIL RIGHT AND FREEDOM ��179 Preschool education �� 113 Discrimination �� 179 General education �� 116 Love and care �� 180 Right to Education of Children with Disability �� 122 Religious freedom �� 182 Language minority children’s rights to education�� 125 Criminal offenses�� 186 Children of herders �� 128 Registration and migration �� 187 Child protection in Educational setting �� 131 Right to express their views and participate �� 191 Investment in education �� 135 Sub-section conclusion�� 193 Sub-section Conclusion �� 136 CHILD PROTECTION: SPECIAL PROTECTION ��195 HEALTH ��138 Violence against children�� 195 Maternal and child health and mortality �� 140 Domestic violence �� 196 Infant health �� 144 Human Trafficking �� 202 Air pollution �� 146 Crimes against Sexual inviolability and freedom of the child �� 205 Communicable diseases �� 148 Children in contact with law, child victims and child witnesses�� 206 Mental health �� 149 Witness protection �� 207 Cancer �� 149 Law on protection of witness and victim and its implementation �� 210 Accidents and injuries �� 150 Child jockeys�� 219 Injuries caused by violence�� 150 Unsupervised children �� 224 Food and nutrition �� 153 Sub-section conclusion�� 226 Iodine deficiency �� 153 Child protection in family setting �� 226 Overweight and obesity �� 153 Domestic environment of children with disability �� 235 Physical growth and development �� 153 Deprivation of parental rights, Reintegration of child with family �� 236 Immunization�� 156 Adoption�� 237 Reproductive health �� 156 Children in foster care and welfare centres �� 238 Drinking water and water supply �� 157 Social welfare of children with disability �� 239 Sanitation facility �� 158 Conflict of duties �� 244 Safety �� 158 Sub-section conclusion�� 244 Children between 1 and 5 years of age �� 160 ANALYSIS OF CROSS-CUTTING FACTORS AND ACTORS �247 Morbidity and mortality causes of children between 5-19 State inspector of child rights �� 247 years of age �� 161 Resolving child rights infringements �� 249 Primary and next tier referral healthcare services �� 166 Child Poverty Situation �� 250 Accessibility of health services for poor and vulnerable Child rights and protection during disaster, emergency �� 254 group population�� 168 Online child protection �� 256 Early detection of child developmental impairments �� 169 LGBT Children�� 258 COVID -19 situation�� 173 Efficient allocation of funds�� 261 Health policy�� 174 4 b. Relationships between State, Civil Society and Private sectors �� 262 Sub-section conclusion�� 176 Recommendations for Save the Children �� 264 References �� 272

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ACRONYMS NMHC National Mental Health Centre NSO National Statistical Office ADB Asian Development Bank NTORC National Trauma and Orthopedics Research Centre AFCYD Authority for Family, Child and Youth Development OSF Open Society Forum CCFDA Capital city Child, Family Development Agency PRC People’s Republic of China CED Capital City Education Department PSE Pre-school Education CERF UN Central Emergency Response Fund RF Russian Federation CHD Capital City Health Department SC Save the Children CRSA Child Rights Situational Analysis SDA Swiss Development Agency CSIA Capital city Specialized Inspection agency SGK State Great Khural (Parliament) CSO Civil Society Organisation SSGH Secretariat of State Great Khural GDP Gross Domestic Product TPA Traffic police authority GES General Educational School UFE University of Finance and Economics GPA General Police Agency UN United Nations HDC Health Development Centre UNCRC United Nations Convention on the Rights of the Child IMF International Monetary Fund UNCRPD United Nations Convention on the Rights of Persons with Disabilities IO International organisation USA United States of America JICA Japanese International Cooperation Agency UST University of Science and Technology LEU Law Enforcement University WB World Bank LGBT Lesbian, Gay, Bisexual, Transgender WHO World Health Organisation MECSS Ministry of Education, Culture, Science and Sports MER Ministry of External Relations TABLES MoFA Ministry of External Relations MLSP Ministry of Labour and Social Protection Table 1 Macro-economic indicators of Mongolia MNEGD Ministry of Natural Environment and Green Development Table 2 Poverty level, poverty gap indicators MoFALI Ministry of Food, Agriculture and Light Industry Table 3 Human Development Index MoH Ministry of Health Table 4 Gender Diversity Index MoJIA Ministry of Justice and Internal Affairs Table 5 Number of persons with disability MLSP Ministry of Labour and Social Protection Table 6 Number of children with disability enrolled in SS and PsE, by region MSUE Mongolian State University of Education Table 7 Internal migration of population NCAV National Centre against Violence Table 8 Population density NCPH National Centre for Public Health Table 9 Disasters, damages NEMA National Emergency Management Authority Table 10 Indicators of national Child protection programme NGO Non-governmental Organisation Table 11 Statistical information about customers of temporary shelter, one window NHRC National Human Rights Commission service centres NLI National Legal Institute Table 12 Budget by Portfolio of Ministers

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Table 13 Brief statistics of education sector Table 14 Number of children with disability that study in PsE and SS, by disability type SUMMARY Table 15 Health of mothers and children Table 16 Death caused by accidents and injury Table 17 Average physical size of Mongolian child Although progress has been made in the exercise of child rights, many Table 18 Sickness of 5-19 years old children challenges hinder the full and proper implementation of children’s rights. Table 19 Number of temples, monasteries These include the over-concentration of the population in urban areas due Table 20 Number of crimes registered to lack of balanced regional development and stagnation of development Table 21 Number of victims of sexual crime and crime against human inviolability in some aimags and soums, environmental pollution, the lifestyle of remote Table 22 Number of households, by region, aimag and UB herder communites, harsh climatic conditions, natural disasters, and political, Table 23 Number of households by region, aimag, capital city, migration increase/ social and economic instability. decrease Table 24 Number of marriages and divorces Despite there being equal rights before law, equal opportunities are not Table 25 Number of children living in Mongolia, by age group implemented in practice. Although both long- and short-term development Table 26 Number of children adopted, by age group policies are being implemented, there is no independent monitoring Table 27 Number of full and half-orphan children mechanism to oversee their execution. Not all children are benefitting equally Table 28 Contractors that provided specialized care services from the progress achieved by public services such as education, health and Table 29 Child income and multidimensional poverty analysis socal welfare, and therefore, improving accessibility and quality of services for children from socio-economically vulnerable households still remains a Figure 1 Governance indicators critical issue. Figure 2 Mortality causes in children aged 29 days -5 years, 2018 Figure 3 Number of safety violations in the capital city Mongolia has been carrying out structural reforms to ensure child rights, Figure 4 Safety violations in the Capital, by type and frequency but effective implementation of these policies and laws has been impeded Figure 5 Morbidity of children between 1-5 years of age by inconsistencies in policies, limitations in financial, human and material Figure 6 Mortality causes in children between 1-5 years of age resources, and relatively low institutional capacity. Figure 7 Resolution of cases according to Family Law Stronger capacity and governance is essential to advance effective development activities that will mitigate the adverse impacts of climate change, protect the natural environment, ensure equal rights to all, reduce poverty and stimulate sustainable and inclusive growth.

Comprehensive child rights cannot be realised in Mongolia until we maintain a systemic perspective, involve experienced professionals in refining an evidence-based policy framework, ensure consistent dialogue with civil society and other concerned parties, and implement plans that demonstrate measurable results.

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PART ONE

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1. INTRODUCTION CHILD RIGHTS SITUATIONAL 1A ANALYSIS – 2020

Save the Children (SC) conducted Child Rights Situational Analyses in Mongolia in 2015 and 2018. This review was carried out between March 25 and July 25, 2020 to paint an overall picture of the implementation of child rights over the previous two years since June 2018.

The CRSA is consistent with the concepts and principles of Save the Children International (SCI) Guidelines and has been funded by SCI’s Child Rights Governance Programme.

We used several methodologies in the research, such as disaggregated mapping, analysis of general trends, document review, roles and rsponsibilities of stakeholders, and capacity gap analyses. Sources of primary and secondary data were diverse, including international and national academic publications, reports by partner organisations, interviews with SC programme staff and staff members of partner organisations, interviews and information provided by officials, parents, children and teachers. Information and data from 2018 were used where updated information was not available during the analysis period.

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1B Research for the CRSA coincided with the global outbreak ABOUT SAVE THE CHILDREN of the COVID-19 pandemic when Mongolia went into a period of high alert. By July 25, 2020, 15.6 million people around the globe had been diagnosed with confirmed cases As a worldwide and independent child rights organisation, SC aims to of COVID-19, and 639,000 people had died. Mongolia had inspire breakthroughs in the way the world treats children and to achieve 288 confirmed cases, all traced to people arriving from immediate and lasting changes in their lives. SC was established in the United abroad. Mongolia, like most other countries in the world, Kingdom in 1919. It is a global network, operating in over 120 countries. closed down educational and training institutions and Its founder, Eglantyne Jebb, drafted the first Declaration for Children’s imposed a lockdown, and because of this, we were not able Rights, adopted by the League of Nations in 1924. The Declaration marked to organize face-to-face discussion groups, and instead have the first important assertion of the rights of children by the international relied on print publications, SC’s own research, and reports community and subsequently led to the Convention on the Rights of Child from academic and official sources. We also conducted seven (UNRCR) that was adopted by the United Nations in 1989. For a century, online meetings and seven round-table discussions to comply from emergency relief to long-term development, SC has protected the with safe social distancing measures. rights of children to reach their full potential.

SC has been working in Mongolia since 1994. The Country Program received management support from SC UK from 1994 to 2009, and it has been operating under the management of SC Japan since 2009. We aim to create sustainable changes in the lives of children while seeking substantial and systematic solutions to emerging challenges, including the realisation of children’s rights. We aim to make positive changes for children and families at the community level and we advocate for building nation-wide child- friendly education and protection systems in Mongolia.1

SC Mongolia’s 2019-2021 country strategy focuses on the thematic areas of education, child protection, child rights governance, child poverty and humanitarian response. As part of the community of SC International, SC Mongolia seeks to build on the work that it has successfully completed since 1994, and its choices for the 2019-2021 country strategy consider children’s needs in the local context as well as reflect international trends consistent with SC’s global ambitions for 2030.

1 Child Rights Situational Analysis, Save the Children, 2018, page 13

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DEMOGRAPHY, 2A 2. MONGOLIA-COUNTRY FACTS GEOGRAPHY, CLIMATE, AND FIGURES SOCIO-ECONOMIC SITUATION AND POLLUTION

Mongolia’s population, geography and climate

Mongolia is located in Central East Asia and lies between longitudes 87° 44’ to 119° 55’ East and latitude 41° 35 to 52° 08’ North, and covers an area of 1,564,116 sq.kms. It is one of the least populated countries in the world, with 2 persons per square kilometre. Mongolian borders stretch for 8,252.7 kilometers, of which 3,543 kilometers are shared with the Russian Federation to the north, and 4,709.7 kilometers with the People’s Republic of China to the south. The distance between the western and eastern points is 2,392 km, and 1,259 km from the northern to southern points. The average elevation of Mongolian territory is 1,580 metres above sea level. The highest point is Khuiten Peak at 4,374 metres, and the lowest is Hoh Nuur or Huh Lake Valley at 532 metres. Ulaanbaatar, the capital city, is 1,350 metres above sea level. Mongolia is ranked 19th in the world by size of its territory,2 but though very little land is used for economic purposes, land for production is plentiful in all locations except Ulaanbaatar.3

2 Mongolian Statistical Information Service 3 Mid-term development outline of Mongolia (2018-2025), report iv, NDC, UN, 2018, page 7

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As of 2019, the Mongolian population was 3,296,866. 36.8% of total population (or 1,213,279) was 0-18 years old children, and of these 31.8% were 0-4 years old, 30.7% were 5-9 years old, 23.0% were 10- 14 years old, and 14.4% were 15-18 years old.4 The workforce, the As of 2019, economically active population, over 15 years of age was 1,358,600 including 730,600 (53.8%) males, and 628,000 (46.5%) females. 36.8% of total From the economically active population, 1,253,000 (92.2%) are population (or employed, and 105,600 (7.8%) are unemployed. The economically 1,213,279) was inactive population was 868,000, including 320,700 (36.9%) men, 0-18 years old and 547.3 (6.1%) women. Of these, 280,000 were retired and older children. people, 261,100 students and pupils and those about to enter school, 117,200 were caring for children, 71,100 people were doing household work, 68,500 were people with disability, 21,100 were sick, 12,900 were looking after sick and old people, 11,300 did not want employment and the remaining 24,800 people had other reasons. In terms of location, 663,700 (76.5%) of economically 7 inactive people resided in urban areas, and 204,300 (23.5%) lived violence. With so many young people joining the workforce, there in rural areas.5 is a need to generate a wide range of employment, not only in high- investment sectors like mining, but also in innovative and creative The population of Mongolia stood at 1 million in 1962, 2 million in As of 2019, industries. It is crucial to invest in child and youth development 1988, 3 million in 2015, and according to the forecast of National there were to increase and diversify their skills, qualifications and capacity, Statistical Office (NSO) will reach 4 million in 2031 and 5 million guarantee fair and equal participation, and improve conditions for 171,160 herder 8 in 2045.6 According to the 2019 age and gender pyramid of the women in the workforce. households in Mongolian population, young people predominate, with the largest percentage being 0-9-year-olds, and 30-34-year-olds being highest the country. Mongolia’s climate is extreme, with average summer and winter in the adult population. In a country where one third of total temperatures ranging from +30°C to -30°C. Climate change is population is children, and the “demographic window” remains affecting all areas of Mongolia with increased frequency of natural open, it is therefore necessary to prioritise planning for adequate disasters. Most of the country is experiencing extremely dry weather, social services to meet future needs, to educate young people to desertification, soil and water deterioration and decreased yields 9 10 qualify for employment at all levels and across all sectors, to create from pastureland. In the country’s 171,160 herder households , 11 more job opportunities, and to support families. If not enough jobs 3 out of every 10 are engaged in livestock herding. As well, rural are created by both the public and private sectors, economic growth herders live in vast, sparsely populated areas where it is very costly 12 will slow and the number of those living poverty will rise, increasing to deliver public services. 7 Child Rights Situational Analysis, Save the Children, 2018, page 16 the risk of adverse social impacts such as crime, alcoholism and 8 “Poverty profile” report, NSO, World Bank, 2018 9 National Agency for Meteorology and Environment monitoring, 2018 4 Mongolian Statistical Information Service 10 Mongolian Statistical Information Service 5 Workforce research report 2018, NSO, page 31 11 Workforce research report 2018, NSO, page 49 6 2015-2045 updated population growth projection, 2017 12 Child Rights Situational Analysis, Save the Children, 2018, page 17

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Economic situation

Mongolia is a developing, lower-middle income country with abundant agricultural and mineral resources. Economic growth weakened to 5.1% in 2019 from 7.2% in 2018 and 5.4% in 2017 mainly driven by a sluggish performance by the mining sector following declining commodity prices and lower quality of mineral exports13. The inflation rate was 5.2% in 2019, lower than the 8.0% target set by the Mongol Bank.

During our assessment period, there were a number of impacts on Mongolia’s economy. A major controversy was uncovered involving several Parliamentary members who took loans from the Small and Medium Enterprise Development Fund (SME) through their private and affiliated companies; Capital, one of Mongolia’s commercial banks was bankrupted; for the second time, Mongolia was listed in the grey list of the Financial Action Task Force (FATF), an international organisation that combats money laundering and financing of terrorism, and in 2020, the European Commission placed Mongolia on its black list of states with low levels of compliance with FATF- 40 Recommendations and poor effectiveness of its system for Anti-Money Laundering/ Combatting the Financing of Terrorism; adoption of the one-off Law on Exemption of Retired People’s Pension Loan Repayment; and the outbreak of the COVID-19 pandemic in Mongolia and around the world.

13 https://www.worldbank.org/mn/country/mongolia/ overview

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Table 1. Macro-economic indicators of Mongolia Gross Domestic Product (GDP), the annual sum of all added 2016 2017 2018 2019 value created by domestic and foreign economic entities and GDP Growth rate (%) 1.2 5.3 7.2 5.1 individuals within Mongolia, grew by 37 trillion MNT in 2019 or GDP per capita (thousand MNT) 7,910.0 8,999.1 10,259.8 11,566.5 by 5.1% compared with 2018. In terms of the key sectors, 4.1% of Inflation rate (%) 1.3 6.4 8.1 5.2 the GDP was in construction, 11.2% in the processing industry, The mineral 14 Unemployment rate (%) 10 8.8 7.8 - 10.9% in livestock herding and agricultural crop farming , and sector accounts 15 Foreign Investment (million MNT) 2,866,379.2 6,899,292.5 7,390,766.0 7,948,918.4 25% was attributed to mining. Also, equilibrated revenues for one quarter Gross External Debt (million USD) 24,624.5 27,492.7 28,714.9 30,677.8 were MNT 10.8 trillion, equilibrated expenditures were 11.4 Foreign Trade (million USD) of GDP, 90% of all trillion MNT and eqilibrated budget was -627.8 billion MNT, in Export 1558.2 1863.3 1136.7 1492.3 exports, and 72% other words, expenditure was higher than revenue. Although Import of total industrial projects invested in by the government are being planned and GNI (million MNT) 21,971,134.9 23,951,371.7 29,255,161.3 32,738,370.9 implemented, 80.6% of 423 projects and activities approved to production. 16 General Government Balance (mill. be launched in 2018 did not meet legal requirements . State -3,660,289.1 -1,742,456.9 -3,019.1 -627,770.7 MNT) auditing reports on implementation of projects and activities Source: Mongolian Statistical Information Service, National Statistical Office, Mongolbank, 2019 transferred to the local community in 2018, discovered 332 breaches that equalled 43.5 billion tugrug.17

During the last 20 years, Mongolia has transformed from a herding-based economy to one dependent on mineral resources. The mineral sector accounts for one quarter of GDP, 90% of all exports, and 72% of total industrial production,18 and 80% of all mineral exports is bound for the People’s Republic of China (PRC). This has made Mongolia very dependent on global commodity price fluctuations and variations in the economy of the PRC. Therefore, Mongolia faces a critical need to diversify its economy to counteract the economic cycles that affect the prices of minerals and raw materials.19

14 Mongolian statistical information service 15 Minerals statistics, Ministry of Mining and Heavy Industry, 2019 16 Open Society Forum, 2018 Mongolian government budget investment plan Implementation, results, benefits and execution auditing report 17 Ibid. 18 Minerals statistics, Ministry of Mining and Heavy Industry, 2019 19 World Bank, World Bank Mongolia review, 2018

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The 2019 year-end census of the number of livestock animals reached 71.0 million, an increase of 4,509,000 (6.8%) head of livestock since the previous year. There are 285,500 herders. Meat and dairy products are still manually processed in local communities. A small percentage of animal skins, hides, wool and cashmere is now processed in domestic factories, but most are exported unprocessed without added value in the form of combed and washed raw materials. Development of factories for primary processing or semi-processing of livestock raw materials in either urban or regional centres still remains a goal to be achieved. A well-leveraged mechanism to monitor pastureland rotation and migration needs to be established among herders. Pastureland degradation requires restrictions on the country’s total number of livestock animals. As of 2019, a total of 526,000 hectares of agricultural crops was sown, an increase of 142,000 hectares or 2.8% on the previous year. Total production in the agricultural sector reached 833.3 billion MNT at current prices, and 445.3 billion MNT at 2010 comparative prices. According to 2019 preliminary performance figures, the sector increased water and summer rain water for use by the agricultural and by 7.1 billion MNT at current price or 0.9% more than livestock sectors.21 2018, and 21.2 billion MNT (5.0%) by comparative price. In 2019, Mongolia harvested 433,300 tons of As of 2019, the total external debt of Mongolia stood at 30.7 cereals, 192,200 tons of potatoes, 99,500 tons of Pastureland As of 2019, the billion USD. Of this amount, government debt accounts for vegetables, 121,100 tons of fodder crops, and 34,000 7.7 billion USD22. Mongolia is due to repay debts of Mazaalai, 20 degradation requires total external tons of Industrial crops. Chinggis, Gerege and Khuraldai bonds starting in the years 2021, restrictions on debt of Mongolia 2022, 2023 and 2024 respectively23. The amount of external 60% of Mongolian rivers and water resources flow out the country’s total stood at 30.7 debt makes up a high ratio and as bond repayment dates near, of the country. In consideration of this, it is necessary number of livestock billion USD. there are risks of increasing debt servicing costs and potential for Mongolia, as an arid, dry-climate country, to build animals. downturn in the financial sector when shocks such as currency dams and reservoirs to collect and retain spring snow 21 NSO, Introduction of agricultural sector, 2019 22 Mongolia Statistical information service 20 NSO, Introduction of agricultural sector, 2019 23 Current debt situation of Mongolia, Mongolbank, 2018

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devaluation or a fall in mineral prices occur. As well, increases In 2020, both the Mongolian and the international economies in external debt restrict capacity to maneuver policy when are experiencing crises. The inflation rate was 2.8% in June, economic difficulties do emerge. The Government needs to 2020 and decreased by 5.5 points compared with the same time improve its efficient management of external debt for the long in the previous year. This decrease in the inflation rate, lower term24. than central bank’s target rate of 8.0%, indicates weakening of In the first 6 the economy.27 Domestic producers and businesses are trying The Law on Fiscal Stability includes the following special fiscal months of 2020, the hard to maintain previous levels of food production to prevent requirements: “estimate general government budget revenue total foreign trade disruptions during the current quarantines28. In the first 6 using the equilibrated approach; equilibrated balance of general turnover fell by months of 2020, the total foreign trade turnover fell by 23.0% government budget shall have deficit or surplus equal to no more or 1,544 thousand USD compared to the same period last year, than 2% of GDP of that year; annual total general government 23.0% compared reaching 5,288 million USD. Foreign trade declined as exports budget expenditure growth rate shall not exceed the growth to the same period fell by 28.0% or 1,111 million USD, and imports by 15.0% or rate of the non-mining GDP of that year and the average of non- last year. 434 million USD. mining GDP growth rate for 12 consecutive years preceding that year; net present value of government debt balance shall During this period, the trade deficit decreased by 677 million not exceed 60.0% of gross domestic product of that year at USD compared to the same period last year, and the trade nominal value”. Also, the Law on Fiscal Stability takes the ceiling surplus was 368 million USD. As of first 6 months of 2020, mining approach to decreasing the Government’s annual debt, stating exports fell by 834 million USD due to changes in demand, and that “…the debt-to-GDP ratio shall not exceed 88.0% in 2016, by 277 million USD due to changes in price. From this, coal and 85.0% in 2017, 80.0% in 2018, 75.0% in 2019, 70.0% in 2020, copper concentrate exports fell by 828 million USD due to and 60.0% from 2021 respectively…”25. The Law states that “the lower demand, and by 344 million USD due to price changes. equilibrated overall budget deficit shall not exceed 10.4% of Export of livestock animals products fell by 61 million USD due GDP calculated using current price in 2017 and 9.5% of GDP to a decrease in quantity and by 108 million USD due to price in 2018, 6.9% of GDP in 2019, 5.1% in 2020, 3.6% in 2021, 2.8% changes. The average price of one ounce of gold on the global in 2022 and from the 2023 budget year, equilibrated balance of market reached 1,736 USD in June 2020, an increase of 27.0% general government budget deficit or surplus shall not exceed on the previous year, and 1.0% on the previous month. During 2.0% of GDP of that year”.26 our analysis, the average price of A-grade refined copper and iron ore reached 5,755 and 103 USD respectively, copper falling Currently, general government budget expenditure is still by 2.0% and iron ore by 5.0% compared to the previous year, increasing and as the deadline for repayment of external loans but prices of copper and iron jumped by 10.0% compared to and bonds draws closer, export is still dominated by a limited the previous month. The export price of coal at the border range of commodities. In addition, the government debt ceiling reached 75 USD in June, a fall of 17.0% compared to the same is set to be lowered until 2021, and any investment focused on time last year, and 9.0% on the previous month. In the first 6 children is likely to be constrained and at risk of decline. month of 2020, it fell by 15.0% or 434 million USD. 24 Ibid, 25 Ministry of Finance, Introduction of 2017 general government budget of Mongolia, 2016, page 279 27 NSO, Coronavirus and economy, 2020 26 Fiscal Stability law, 2010 28 NSO, Coronavirus and economy, 2020

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The general breakdown of the 15 import unit percentage decrease shows the drop of investment products by 8 unit percentage, oil products by 4 unit percentage, consumer products by 3 unit percentage, respectively.29 In June 2020, the average monthly tugrug-to-dollar exchange rate announced by Mongolbank fell by 0.7% on the previous month, the average monthly tugrug-to-RMB exchange rate fell by 1.0% on the previous month, and tugrug-to-Rouble rate fell by 5.9%. Corporate tax revenue and VAT revenue collected by the government fell in the first half of this year as a result of the contraction in domestic production, sales, services, and business transactions. Non-performing loans in the banking system accounted for 11.0% of total loan debt balance, and increased by 0.5% compared to the previous year, while overdue loans accounted for 5.8% of the total loan debt balance, an increased of 1.7 points above the same period last year.

Revenue in the processing sector reached 2.1 trillion MNT in the first half of 2020, a decrease of 15.7% on the previous year’s revenue. Revenue from the domestic trading sector reached 8.7 trillion MNT, a decrease of 10.7% compared to the same period in the previous year. The Mongolian tourism sector, which chiefly relies on foreign tourists, has missed out on its vibrant market this year, as closed borders led to the inevitable steep decline in visitors. In the first half of the year, the number of tourists visiting the country fell by 79.9% compared to last year’s figures.30

29 Foreign trade review, Mongolbank, June, 2020 30 NSO, Coronavirus and economy, 2020

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The COVID-19 pandemic and slowing Chinese economy Social situation have meant weaker demands for minerals, and the decline in Mongolian exports of coal, copper concentrate, iron ore, The speed of poverty reduction has slowed despite the recent zinc concentrate and oil has resulted in the contraction growth in GDP. The growth elasticity of poverty estimates of the economy. In spite of the quarantines, maintaining a how effectively GDP or growth of consumption per capita is steady flow of freight transport and minerals export has translated into poverty reduction. Although Mongolia has made been essential for economic recovery, and to this end, the some progress, improvements are fragile, with one out of every State Emergency Commission decided to partially open three people living in poverty and social welfare being their main border trading ports to freight transportation. Coinciding source of livelihood. with this, China’s economy has been recovering faster than expected and coal exports which had been declining Between 2016 and 2018, the national proportion of poverty since January this year, have also been recovering. In the declined by 1.2% and the poverty gap shrank by 0.5%, but while 2nd quarter of 2020, coal exports reached 437.9 million the poverty gap diminished in rural areas, aimags and soum USD, a jump of 73.1% on the previous quarter. In June, centres, it increased in Ulaanbaatar. total exports reached 822.1 million USD, 29.9% higher than the previous month. Coal, which accounts for most of Mongolia’s mining exports, is largely transported by road, and in the first half of 2020, 8.4 million tons were trucked from Mongolia, 10.5 (55.5%) million tons less than the same period in 2019, but a 2.2 (69.4%) million ton increase on the previous quarter.31

Although Mongolia has made some progress, improvements are fragile, with one out of every three people living in poverty and social welfare being their main source of livelihood.

31 NSO, Coronavirus and economy, 2020

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In 2015, 17 Sustainable Development Goals (SDGs) and 169 targets were adopted and implementation started officially throughout the world from January 1, 2016. Mongolia adopted the 2030 Agenda for Sustainable Development by approving Resolution No.16 of the State Great Khural (Parliament) in 2016.

This document appeals for the elimination of poverty by 2030, however, poverty has increased by 6.8% above the 2014 baseline level of 21.6%. Growth in consumption by the Mongolian population has increased, but benefits have not extended to the poor. Goals to reduce unemployment and poverty were reflected in the 2030 Agenda for Sustainable Development of Mongolia, the 2016-2020 Government Action Program, and the Three-Pillars Development Policy, and serve as a basis for The goals to developing the National Program to Reduce Unemployment and “end poverty in Poverty (hereafter refered to as “the program”). all its forms” Specifically, goals to “end poverty in all its forms” and to “support and to “support employment, develop youth with appropriate job and personal employment, business skills and knowledge, and reduce unemployment” were household living standards. Growth of funds spent on welfare develop youth set out in the 2030 Agenda for Sustainable Development of has had a disappointing impact on poverty reduction, with more with appropriate Mongolia; the goals to “focus on support for families, creation conditional cash programs and fewer much-needed service- job and personal of conditions for healthy, educated, employed citizens, reducing based programs. Social welfare services have widened to cover business skills unemployment and poverty, expanding the middle income class 1 out of every an annual average of more than 800,000 people, indicating that 1 of the population, and improving the livelihood of population” out of every 4 persons is receiving some form of welfare benefit and knowledge, 4 persons is were reflected in the 2016-2020 Government Action Program; receiving some from the government, and that welfare services are not really and reduce and goals Nos. 22-27 set out in the Three-Pillars Development targeting those most in need32. unemployment” Policy, all focus on reduction of unemployment and poverty. form of welfare were set out in benefit from the There is a need to implement an unemployment and poverty the 2030 Agenda There are many challenges to meeting these goals and including government, reduction policy tailored to conditions, needs, and capacities of low-income households and individuals that takes into account for Sustainable inadequate funding in the Government budget for addressing and that welfare social issues, failure to accurately identify target groups, and services are not the many causes of poverty such as inadequate education, skills, Development of attitudes to employment, health and the impacts of low standards inefficient mechanisms for re-distributing wealth. For example, really targeting Mongolia. social welfare programs do not fully focus on vulnerable of living.33 target groups, as the definition of target groups is generalised those most in need.

to community sectors, rather than based on individual and 32 Long term vision 2050, page 38-39 33 National unemployment and poverty reduction program, 2019

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Table 2. Poverty headcount and gap and consumption increased due to household members spending Poverty headcount Poverty gap most of their time at home, as well as price hikes on food and Region, location 2016 2018 2016 2018 other items.The respondents noted that even though salaries had not been cut, they were not sufficient for daily living costs. National average 29.6 28.4 7.7 7.2 For example, they noted that costs of food and utilities such 36.0 31.8 9.7 7.8 During the Western region as electricity, water, cable TV, fuel costs and internet access had Khangai region 33.6 30.8 8.2 7.3 quarantine, most increased. During the quarantine, most households had spent Central region 26.8 26.1 7.0 6.6 households had more money on food than in normal times when children were Eastern region 43.9 37.4 12.5 10 spent more money out of the house attending school and kindergarten for five days a week being fed with school lunches and kindergarten meals. Ulaanbaatar 24.8 25.9 6.4 6.7 on food than in Also, under quarantine restrictions, households had not been Aimag centre 31.8 30.1 8.8 8.2 normal times when children eating out and therefore, they bought more food from grocery Soum centre 32.3 28.9 8.5 7.0 stores. Since household members spent most of their time at Source: Poverty profile research, 2018 were out of the home, household electricity, water, fuel, cable TV and internet house attending costs had risen. Children’s internet charges had also risen to 2018 statistical data showed that 28.4% of total population, or school and levels that “impact household economy”, according to the 34 904,900 people, lived below the poverty line and aimag centres kindergarten for research findings. Households’ monthly expenses had gone up had the highest poverty headcount at 30.1%, and a poverty gap even though household income had not increased. Parents said of 8.2%. Compared to 2016, the poverty headcount and poverty five days a week being fed with they worried a lot because they couldn’t afford to buy vitamins, The poverty gap in aimag and soum centres had decreased, but in Ulaanbaatar, supplements, medicines and diapers for their children with where one third of the population now lives, they went up. It is school lunches 37 headcount has not disability. Respondents also noted the convenience of using essential to accelerate development of the agricultural sector and kindergarten dropped below online applications for many government services because of the to reduce poverty in the countryside, where many poor people meals. COVID-19 lockdown. 20% in the last two live.35 The poverty headcount has not dropped below 20% in decades and now 1 the last two decades and now 1 in every 3 persons is poor, Save the Children in Mongolia conducted a rapid assessment in every 3 persons showing that poverty is a stark reality that is becoming ever to identify the impacts of COVID-19 quarantine restrictions, 36 is poor, showing more chronic. such as temporary closure of schools and kindergartens, that poverty is a on households and children. This assessment found that the From January, 2020, the Government imposed restrictions across stark reality that pandemic had affected income sources and consumption in at the country to prevent outbreaks of COVID-19, and put a partial least half of all the households surveyed. 43.0% had experienced is becoming more emergency regime in place for disaster protection. According to little impact and 42.0% had experienced major impacts. Out of chronic. COVID-19 and Disability research done by Open Society Forum those service providers surveyed, 71.0% said their household (OSF) and the Association of Parents with Differently-abled income had dropped substantially. According to the survey of Children about the impact of pandemic prevention measures on children, 45.0% said parents could not meet their needs for households with children with disability, household expenditure items such as clothes, textbooks, school equipment, and books. 34 Ibid, page 12 35 World Bank, Mongolia Economic Overview, 2018, page 8 37 Open Society Forum and Association of Parents with Differently-abled Children, 36 Government of Mongolia, National volunteer report of Mongolia 2019, page 11 Covid-19 and Disability, 2020

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In terms of food security, households’ increased their consumption of staple food - meat, flour, rice - to meet their nutritional needs, but consumption of more nutritious food items such as vegetables, fruits and eggs had substantially reduced compared with normal times, possibly because of reduced or no household income. When children were asked if their eating habits had changed, 46.0% said the quality of food had deteriorated and they were eating fewer vegetables and nutritious foods than before, and 41.0% said the size of daily meals had also reduced. From this data, it appears that the COVID-19 pandemic has adversely affected household food consumption with a decrease in the variety of foods, and further, reduced daily consumption of nutritious meals.

When asked about household conditions in the previous week to gauge households’ coping strategy, 42.0% were in the yellow ‘in difficulty’ category, 12.0% were in the orange ‘in crisis’ category, and 3.0% were in the red ‘critical’ category, showing a total of 57.0% of the respondents experiencing some level of difficulty. The percentage of households experienced difficulty was higher in (10.0% more) in urban areas. Prevention and remedial measures will need to be taken to alleviate this situation. As well, 7.0% of children said they were working because their family was experiencing financial difficulties. This indicated an increase in child labour, and further, in intolerable child labour, as the pandemic continues. Study of the shortage of household products showed that products remained relatively available and accessible, but prices had increased slightly.

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When the survey asked households what they most needed increase household savings by supporting learning and capacity during the pandemic, participants gave the following responses: for monitoring income and expenses.38 56.0% said vitamins, and other products to support immunity, 48.0% said employment and job creation, 46.0% said monetary The Order “Child protection, support and assistance procedures 7% of children allowances, 35.0% said food coupons, and 33.0% said food during emergency” was approved by the government cabinet said they were distribution. Through this rapid assessment, the following meeting on May 22, 2020, based on article 22 of the Law on Child working because staged activities were recommended to government: provide Rights that states “a procedure that regulates child protection, their family was micro-loans and links to a soft loan service in the form of support and assistance during emergency shall be developed”. experiencing unconditional monetary assistance for food in the short This procedure regulates inter-disciplinary cooperation for child term; support rehabilitation of household livelihood in the protection, support and assistance during emergencies, natural financial long term; create jobs and employment for target vulnerable disasters, accidents, public riots, demonstrations as indicated in difficulties. populations, with a focus on women, as well as providing The Law on Disaster Protection. referral and support services; provide skills and training for youth to gain employment and develop businesses; increase household resilience by diversifying sources of income; and 38 Rapid assessment of Coronavirus pandemic impact, Save the Children, 2020

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Inequality efficient development activities that focus on sustainable and inclusive growth and ensure poverty reduction and equality The Gini coefficient measure of inequality in population for different generations of the population. Although legislative consumption was 0.33 overall in 2018; in urban areas it was equality is in place, there is a need to ensure that equal 0.34 and in rural areas it was lower at 0.2939. Mongolia’s Human opportunity is actually offered in practice. Development Index value was 0.74, placing Mongolia 92nd of 177 countries, and its competitiveness at 99th of 140 countries. Gender Equality Mongolia ranked at 74th of 190 economies in terms of ease of doing business and ranked 106th of 199 countries in the In 2018, Mongolia ranked 58th out of a total 149 countries in the corruption perception index.40 Gender Gap Index produced by the World Economic Forum, but Little economic by 2020, Mongolia had retreated by 21 places, ranking 79th out 43 diversification and Table 3. Human Development Index of 153 countries. unequal regional Region, location 2015 2016 2017 2018 Table 4. 4 Sub-indice of Mongolia Gender Gap Index development National average 0.736 0.733 0.734 0.74 Mongolia ranking Sub-index Score* policies and (out of 153 countries) activities are Western region 0.667 0.661 0.659 0.664 Gender in economic the main cause Khangai region 0.677 0.673 0.68 0.682 29 0.751 participation and opportunity of poverty and Central region 0.695 0.692 0.69 0.693 exclusion among Educational attainment index 71 0.993 Eastern region 0.689 0.688 0.691 0.695 some population 1 (along with 39 groups. Health and Survival Index 0.98 Ulaanbaatar 0.813 0.812 0.814 0.822 Mongolia ranked countries) th Source: Mongolian Office of Statistics 120 out of Political Empowerment Index 120 0.102 153 countries *0 means imparity and 1 means parity. Little economic diversification and unequal regional development in the Political Source: The Global Gender Gap Index 2020 policies and activities are the main cause of poverty and exclusion among some population groups.41 This particiularly Empowerment Index. In the above Global Gender Gap Index report, Mongolia scored affects children, youth, elders, disabled people, herders and higher in the Health and Survival Index, but in the Political migrants in urban areas who have fewer opportunities to benefit Empowerment Index, it ranked 120th out of 153 countries. By from development. Therefore, it is crucial and urgent to direct each region, gender inequality was highest in the eastern region government social policy towards improving opportunities for at 0.833, in Khangai region, it was 0.341, in Central region 0.289, 42 these people. Capacity needs to be strengthened to deliver in Western region 0.279, and in Ulaanbaatar, it was lowest at 39 NSO, Poverty Profile, 2018 0.276.44 Mongolia approved Resolution No. 129 on April 26, 40 UNDP, Human Development Index 2018 41 Government of Mongolia, National Volunteer Report of Mongolia 2019, page 74 43 World Economic Forum, The Global Gender Gap Index 2020, page 9 42 Government of Mongolia, National Volunteer Report of Mongolia 2019, page 19 44 Mongolian Statistical Information Services

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2017 and it is been 9 years since Mongolia adopted the Law on The gender breakdown of full-time teachers of general Gender Equality, however, actual implementation of the Law is secondary education schools in 2018-2019 showed that 82.0% still very inadequate.45 of them were female and 18.0% were male. The gender ratio of vocational school teachers also showed 63.0% female, and Average life expectancy in Mongolia increased by 7.4 years, 37.0% male; in other words, the number of female teachers reaching 70.2 in 2018 over the 26 year period from 1992. wass much higher. In universities and colleges, 60.0% of teachers Average male life expectancy increased by 5.4 years to 66.1 were female and 40.0% were male teachers. As for directors from 60.7 years during the 26 year period, and average female of universities, colleges, 42.0% was female, 58.0% was male.48 In life expectancy increased by 10.9 years to 75.8 years from 64.9. Most teaching jobs short, most teaching jobs in the education sector are held by Although there are 4 policies and 9 programs that are currently females, while more males are employed in decision-making and implemented at national level to increase average life expectancy in the education policy-level jobs. and reduce the adverse factors influencing it, there is no concrete sector are held policy to reduce gap between male and female life expectancy. 46 by females, while There are a total of 798 schools operating in Mongolia and of more males are these, 770 were surveyed. 54.0% of these schools were connected Further, a look at gender equality in education reveals the employed in to centralized water and sanitation facilities and 11.0% used 49 following trend. Within general secondary education schools, the decision-making ‘non-guaranteed’ water sources. In terms of sanitation facilities, gender ratio is quite balanced at 100/100, but in universities and both urban and non-urban schools had separate female and male colleges, the ratio is 146 female students per 100 male students.47 and policy-level water closets.50 jobs. In universities According to NSO 2019 figures, in the 2008-2009 school year, Lately, menstrual hygiene has become an important issue in the and colleges, the 6,000 (49.2%) of all students in technical and vocational schools world as it is an important factor that can have long term effects ratio is 146 female were male students and a decade later in the 2018-2019 school on girls’ health, mental well-being, and their rights to study and students per 100 year, the number of male students had risen to 22,500 (60.8%). develop in a healthy environment (UNICEF, 2017).51 Having the male students. In that school year, 14,589 female students and 22,450 male first period can be a traumatic experience for adolescent girls students were studying in vocational technical schools. Based that can result in long- term detrimental psychological effects. on these figures, the number of female students per 100 male Therefore, to prevent these, free hygiene materials and sanitary students was 65. pads should be made available in schools from school doctors.

48 Meta database, Ministry of Education, Culture, Science and Sports, 2019 49 Government of Mongolia, National Volunteer Report of Mongolia, 2019. Page 23. 45 19th Report on Human Rights, Freedom Situation in Mongolia, 2020, page 2 50 Social Policy and Development Research Institute, “Gender analysis of primary and 46 Baseline survey report, NGC, NSO, 2020, pages 7-9 secondary school education,” Swiss Development Agency, 2016. Page 31. 47 Social indicator sample survey of NSO, 2018. Page 212. 51 UNICEF, “Menstrual hygiene of adolescent girls,” Ulaanbaatar, 2017. Page 2.

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Actions and events to help graduates to select and plan their change that the recently-formed Educational Reform Movement future career and profession have been more readily available. is supporting the principle of psychology-based education. An analysis of gender issues in education found that more than 90% of male and female teachers did not have conventional Conventional gender concepts serve as a basis for discrimination gender attitudes and biases such as “teaching is a female job and and gender-based violence. In this sense, there is a need construction jobs are only suitable for men” when counselling Teachers must to enhance human rights and gender equality education by students on career choices. This showed clearly that teachers understand the reconciling gaps in the curriculum that fail to properly define have developed appropriate gender concepts in relation to concepts of anti- and interpret human rights issues.53 52 career choices. discrimination and For this, teachers must understand the concepts of anti- The school education system needs to focus on psychology and inclusive education discrimination and inclusive education for all children so that they ethics in addition to the usual academic subjects. Educational for all children can promote them to others. Integrating the concept of gender institutions have implicit responsibility to develop appropriate so that they can equality in teacher training curricula will support acceptance of social relationship skills in addition to areas of general education. promote them to diversity among school children. The concept of education needs to broaden to include ethics, others. social inter-relationships, culture, and empathy. It is a welcome

52 Social Policy and Development Research Institute, “Gender analysis of primary and 53 National Human Rights Commission, “2019 Performance plan report of Mongolian secondary school education,” Swiss Development Agency, 2016. Page 36. Human Rights Commission,” Ulaanbaatar, 2019. Page 19.

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Analysis of gender equality at bachelor level in universities, with the highest differences in average life expectancy between showed that the civil education curriculum and textbooks were men and women. 91.5% of the surveyed men were at normal in general not gender-sensitive.54 The Educational Evaluation weight, 2.3% were underweight, 4.4% were overweight and 1.8% Centre reported that according to the gender breakdown had Grade I, II and III obesity. In terms of location, the percentage of 2019 university general entry exams, girls scored higher The difference of underweight youth was higher in soum centres and rural in subjects such as Mathematics, Mongolian Language, Social between average areas, and the percentage of overweight youth was higher in Science, Russian Language, and Physics than boys. life expectancy Ulaanbaatar, aimag centres and villages. Men were aware that of Mongolian men they should enroll for preventative health check-ups, however, In the education sector, teachers’ assessments do appear to and women is 9.7 they were not used to doing so. One out of every ten men knew have a gender bias. According to the gender equality analysis of they should attend health check-ups, but one out of every three bachelor level curricula of universities, the mean score of female years. never went for them. The percentage of respondents who knew students was higher than that of male students, and achievements they should attend preventative check-ups increased with age of male students were lower as well. It was also observed that and level of education. The mean score of male teachers gave higher scores to all students than female 55 female students teachers across all scientific fields. According to focus group discussion findings, when men went to the clinic, there was no special unit for men and they didn’t know was higher than Gender equality issues remain entrenched in access to health which doctor they should go to. Also, tradition requires men to that of male and education as well as in the areas of domestic migration, be strong enough to be manly and look after their households, students, and employment, and poverty.56 and this notion made them too proud to be seen to care for achievements of their health. Therefore, wives were the ones responsible for male students were In the area of health, Article 3.2.6 of the national gender equality taking their husbands and children for check-ups and setting lower as well. program approved by Resolution No.129 of the Government a good example of self-health care. Most of the surveyed men of Mongolia dated 2017 states that it ‘plan(s) to carry out a (96.6%) considered healthy eating to be essential for good baseline survey of men’s health, education, employment, social health, however, only one out of every four men actually eats and cultural, economic initiatives and participation, as well as healthily. 96.9% of the men considered physical exercise to be other critical issues”. According to 2018 reports by the NSO, important for health, and one third of all surveyed youth (30.3%) the death rate of men is 1.5 times higher than women, and 6 exercised regularly. Despite the increase in men eating healthily out of every 10 deaths are men while 4 out of 10 are women. and exercising regularly as their level of education increased, only The difference between average life expectancy of Mongolian One third of all 25.1% of men with bachelor or higher degrees ate healthy food, men and women is 9.7 years, twice as high as the global average. surveyed youth and only 35.6% of them exercised regularly, both very indicators According to 2016 statistics of the World Health Organization, of inadequate attitudes to health among men. Therefore, there Mongolia ranks 2nd in the Asia-Pacific region among countries (30.3%) exercised is a need to promote healthy practices through the education 54 National University of Mongolia: Sociology, Social Work Department, “N.Boldmaa: regularly. system. Needs and requirement to ensure gender equality in higher education sector,” Sociology magazine, pp. 162-171, 2019. 55 National University of Mongolia: Sociology, Social work department, “N.Boldmaa: Needs and requirement to ensure gender equality in higher education sector,” 2019, Sociology magazine. page 171. 56

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The men surveyed said that the first time they smoked was Rights and inclusiveness of people with disabilities when they were 16.4 years old, the 24-26 years old group started smoking at 17.5 years old and the 18-20 year old group In 2018, there were 105,730 people with disability, an increase first smoked at the age of 15.9. 45.0% of the surveyed men still of 2,100 on the previous year58. The National Statistical Office smoked. The 18-26 years old men first drank alcohol at 18.2 (NSO) defines a disabled person as “someone whose ability to years old, and the 24-26 years old group started drinking at 19.4 participate in social relations like others was restricted for more years of age. The 18-20 year-olds group started drinking alcohol than 12 months due to physical, intellectual, mental and sense at 17.4 years of age, indicating that youth are picking up harmful impairment”59 and reports annually on the numbers. habits at an earlier age. One out of every three men surveyed had had alcohol on 4 days of the previous month. As well, one out Table 5. Number of Persons with Disability of every two men had worked as child labourers, and one out Region 2015 2016 2017 2018 of every four men had had heavy physical jobs when they were children. As well as putting children at high risk of accidents and National 101,730 100,993 103,630 105,730 other dangers, heavy physical work at a very young age seems to Western 17,544 17,272 17,294 17,848 A men’s health unit be an indicator of alcohol consumption in later life. is also required in Only 20% of Khangai 22,524 21,940 23,115 22,935 clinics, staffed by Overall, the analysis showed that men needed to learn about working age Central 18,051 18,788 19,215 19,227 doctors specialized health and healthy habits from childhood and therefore, the people with Eastern 9,668 9,280 9,760 10,131 in men’s health. education system needs to ensure these topics are included disability are in the school curriculum. A men’s health unit is also required employed. Ulaanbaatar 33,943 33,713 34,246 35,589 in clinics, staffed by doctors specialized in men’s health. Public Source: Mongolian Statistical Information Service health education programs need to take special measures to address the health of boys in school and family environments. Only 20% of working age people with disability are employed and Some possible actions could include: perceptions and attitudes of employers are negative. Because of - Teach from pre-school age on the harmful effects of inaccessible infrastructure, enrollment of children with disability unhealthy habits and the benefits of a healthy lifestyle; in schools is not increasing sufficiently or quickly enough.60 - Deliver accessible information for boys to overcome Despite approval of the education program for children with emotional stress and depression and to express their disability in 2018, and some progress made regarding their right emotions; to quality education and opportunity to study in mainstream - Deliver information and knowledge on mitigating health schools, perceptions and policies regarding people with disability risks caused by obesity in men at different life stages; have not yet changed, and real reform will require time and - Staff schools with psychologists and social workers; investment.61 - Introduce methodology to educate parents, teachers and educators so that they can set good examples for children.57 58 Mongolian Statistical Information Service 59 Definition of NSO 60 Government of Mongolia, National Volunteer Report of Mongolia, 2019, page 11 57 NSO, NGC 2020 Baseline Survey Report 61 Ibid, page 32

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Table 6. Number of children with disability enrolled in general education schools and pre-school education (PSE), by region General education PSE schools Region, location 2018 2019 2018 2019 National 6,518 6,053 1,087 1,076 Western region 983 853 94 90 Khangai region 1,409 1,261 170 169 Central region 835 759 178 172 Eastern region 505 488 61 90 Ulaanbaatar 2,784 2,692 584 555 Source: Mongolian Statistical Information Service

As of 2019, 1,076 children with disability were enrolled in PSE and quality education by developing digital governance, creating and 6,053 children were enrolled in general education schools. infrastructure accessible to all citizens, and developing innovative Accessible infrastructure and other social services are crucial for options for participation. people with disability to exercise their rights to information and More than 80% participation, but these supports are inadequate, and according to Urbanization and migration of all people with children with disability and their parents interviewed during this disability are analysis, it is common for society to discriminate against them. In 2018, 67.9% of the total population lived in urban areas and economically More than half of youth with congenital disability are illiterate, Eliminating the remaining 32.1% in rural areas.62 Migration causes difficulties inactive, living on and more than 80% of all people with disability are economically in both in urban and rural areas and remains one of the critical inactive, living on low incomes or below the poverty line. differences low incomes or between urban and challenges facing government policy-makers. Studies of the below the poverty challenges related to migration show that economic difficulties, For the first time in the history of the Mongolian Parliament, a rural development especially the challenge of finding employment, is most common line. person with disability ran for the 2020 parliamentary election. and reverse the for migrant households.63 People with disability have demanded that election polling migration trend stations, campaign materials, candidates’ speeches, and voting will require Natural disasters and environmental degradation contribute instructions be made accessible for people with disability to increased rural migration to soum and aimag centres and and wheelchair-users, by the use of sign language, Braille and improvements to local decision- to Ulaanbaatar. In the last 5 years, annual average population accessible polling booths, and that a parliamentary quota be set growth of Ulaanbaatar has been 5.6%. If this growth in migration for people with disability. making power. continues, urban congestion and associated issues are likely to increase and development of rural areas will stagnate.64 Eliminating There is a need for support for people with disability not to differences between urban and rural development and reverse be left out of development due to impairment. This means 62 Mongolian Statistical Information Service prioritizing the rights of people with disability to information 63 Internal population migration research, 2018 64 Long term Vision 2050, 2020

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the migration trend will require improvements to local decision-making of ger areas and urban districts, inappropriate land use, power, stronger governance that supports human rights, infrastructure inadequate public transportation, insufficient housing that connects rural and urban markets, enhanced service quality and and social infrastructure. Also, it has become difficult for access to universities, hospitals, culture, improvement of business Over-concentration children of remotely isolated districts and khoroos to enroll 66 opportunities for local community, building local capacity through of population has had in kindergarten and schools or to access medical services. supporting local value-added production and and job opportunities 65 adverse impacts to based on local advantages. emerge, such as air, Public interest was not considered during the urbanization process, as is made clear when looking at the rationale and water and soil pollution, Table 7. Internal (in-bound) migration of population introduction of draft laws on urbanization, urban planning Region 2016 2017 2018 2019 unregulated expansion and land relations intended to direct the process until Western region 8985 (3907) 3587 (3406) 2443 (2635) 4059 (2036) of ger areas and urban 2020. Basically, urbanization focused on market demands Khangai region 11509 (6911) 6954 (7856) 6557 (7025) 8320 (5438) districts, inappropriate and therefore, development has been very disorderly and Central region 13469 (11875) 8759 (12458) 11616 (12095) 9665 (9404) land use, inadequate plans have not addressed the public interest and rights of Eastern region 3884 (2794) 2075 (3388) 2866 (3106) 2580 (2115) public transportation, residents, especially of children, to live in a safe and healthy 67 Ulaanbaatar 14342 (25196) 11431 (10335) 6328 (6568) 6595 (12373) insufficient housing and environment. Source: Mongolian Statistical Information Service social infrastructure. As the number of people living in Ulaanbaatar has rapidly Table 8. Population density* increased, children in remotely isolated districts and Region, location 2016 2017 2018 2019 khoroos have found it difficult to enrol in schools and National 2 2 2.1 2.1 kindgartens, and access to medical services has declined. Western region 0.9 1 1 1 With the unbridled expansion of ger districts, waste Khangai region 1.5 1.5 1.6 1.6 management issues have not been taken care of and have 68 Central region 1 1.1 1.1 1.1 caused much environmental pollution. Also, the urban Eastern region 0.7 0.8 0.8 0.8 economy and labour market hve been unable to absorb the Ulaanbaatar 306.5 311.3 317.3 327.6 growing population and therefore, the migrant poor remain Source: Mongolian Statistical Information Service unemployed, without a reliable source of income. Industries need to be developed that take advantage of the potential 69 *Number of population per unit area.For example, number of population per of local resources and support local economies. square kilometre area, or population per square kilometre agricultural area.

In this country, population density is 2.1 persons per square kilometre. In Ulaanbaatar, population concentration has rapidly increased and as of 2019, population density in the city was 327.6 persons per square kilometre. Over-concentration of population has had adverse impacts 66 “Revision of 2020 Ulaanbaatar Development Master Plan, Document of to emerge, such as air, water and soil pollution, unregulated expansion Development Approach up to 2030” Introduction 67 NLI, Support for development of legal reform documents, 2016 68 Ibid, page 34 65 Long term Vision 2050, 2020 69 World Bank, World Bank in Mongolia Overview, 2018

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Disasters

In 2019, Mongolia rated 54.1 out of 120 points and ranked 128th of 178 countries on the Fragility Index that measures the capacity of a country to respond to social, economic, political, environmental and other disasters, and was included in the list of stable countries70.

90% of all In 2019, Mongolia ranked 149th of 180 countries in the World pastureland in Risk Report that analyzes natural and climate disaster risks of countries of the world, and was placed in the list of countries Mongolia is at risk with the fewest risks71. Despite this, 90.0% of all pastureland of desertification in Mongolia is at risk of desertification and land degradation. and land Along with climate change, the impact of human factors, such degradation. as over-grazing of pastureland, use of wasteful and obsolete and needs estimation form and instruction” through Order No. 22 farming practices, mining, infrastructure technology, the web dated March 12, 2020 to assist the implementation of the “Mid-term of informal roads in rural areas, unplanned urban expansion, strategy to implement the Sendai Framework in Mongolia” approved has rapidly degraded the land and expanded desertification.72 by Resolution No. 355 in 2017, the “Procedure to set disaster degree” approved by Resolution No.327 in 2018, the “Procedure to estimate Table 9. Disasters and damages needs after disaster damage” approved by Resolution No.1 in 2019, and other relevant procedures, regulations and instructions. Disasters and damages 2018 2019 Total number of disasters 28964 34841 As of April 07, 2020, a total of 19 forest and steppe fires broke out in Forest and steppe fire /number/ 465 822 17 soums of 6 aimags. This is a 26.4% increase on forest and steppe fire Materials and facility fires /number/ 25143 29718 callouts, and a 40.5% increase in damage costs compared with same time Strong dust and snow storm /number/ 129 412 in the previous year.73 In 2019, a total 45,757 earthquake tremors were Heavy downpour and flood /number/ 395 227 registered in Mongolia and nearby border regions. More than 30,000 Earthquake 229 265 earthquake tremor occurred in Mongolian territory and 15 thousand Livestock animal death /thous.heads/ 4.8 0 in neary border regions. Of these, earthquakes of 4-4.9 magnitude scale Human death caused by disaster /number/ 1288 1360 occurred 23 times, and 4 earthquakes of 5 to 5.9 magnitude occurred. Damages caused by disaster /in billion MNT/ 258.49 250.88 Source: Mongolian Statistical Information Service 17,000 earthquake tremors occurred in Mongolian territory between January and March 27, 2020. Of these, 21 were of 3.5 magnitude, 8 of The Deputy Prime Minister of Mongolia approved the “Disaster, them were in Tonhil soum of Gobi-Altai aimag, and 5-6 of these were dangerous phenomena, accident registration, disaster damage at 3.7, 4.1, 5.8 magnitude. 70 Fund for Peace, the Fragile States Index 2019 71 World Risk Report, 2019 73 NEMA, https://nema.gov.mn/n/82513 72 Longterm Vision 2050, 2020

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Air pollution affects the fetus and it puts mothers and babies at risk of intrauterine growth restriction, abnormal development of the respiratory system, brain damage, miscarriage, premature birth and low-birth weight, and congenital abnormalities.76 Air pollution in Mongolia has increased annually. It is not an issue that emerged suddenly in last few years. Unequal regional development and increased frequency of natural disasters have led to the concentration of population in urban areas which in turn has exacerbated air pollution in those locations.77

In Ulaanbaatar in 2018, the highest percentage of respiratory diseases was pneumonia cases at 20.2%, and 70.9% of these cases were found in children 0- 5 years old.78 In the same year, the government adopted and implemented Resolution No.43 “measures to reduce air pollution” and Resolution No.62 “banning the use of raw coal” but at present, there is no research that compares air pollution levels before and after the adoption of these resolutions, including the effect of substituting brown coal with Environmental pollution coal briquettes.

In 2018, Mongolia ranked 6th out of 73 countries with the most Sanitary conditions in Ulaanbaatar have also external pollution and in 2019 ranked 3rd of 98 countries with As of 2018, in Ulaanbaatar, declined along with populatoin density. According cities with pollution that causes harm to cardio-respiratory to the NSO’s 2018 “Social indicator sample survey” 74 th the highest number of organs. In 2018, Ulaanbaatar ranked as the 5 most polluted of 9,903 people, 19.7% of the population lived in city (58.5) in the world, and in 2019 moved to 3rd place (62) cases of respiratory households where drinking water was contaminated as its air quality deteriorated. The increase in air pollution has diseases was pneumonia with intestinal bacteria (E.Coli) or fecal matte.79 presented a major multi-disciplinary development challenge.75 (20.2%). 70.9% of the 76 Air Pollution and Maternal and Child Health through the Eyes of Women, 13th conference https://www.nso.mn/content/2211#. pneumonia cases was XsjCOBMzbs0 found in children up to 77 GoM, National Volunteer Report of Mongolia 2019, page 57 74 IQAir, World Air Quality Report, 2018, 2019 78 NSO, Air Pollution and Health Concerns in Ulaanbaatar, 2019 75 GoM, National Volunteer Report of Mongolia 2019, page 58 5 years old. 79 Social Indicator Sample Survey, 2018, page 261

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More than 180,000 households in the ger districts of than 400,000 residents are expected to remain unconnected to the Ulaanbaatar are not connected to central water, sanitation central sewage network by 2030.83 or heating services, and 90.0% use primitive, sub-standard pit latrines.80 These directly contribute to increased soil, water As well, only around 66% of urban and 59% of rural populations and environmental pollution, and because of this, diarrhea is have access to improved drinking water sources.84 Illegal household prevalent among children under 5.81 All of the soil samples settlement and building within the protected drinking water supply taken from Ulaanbaatar, 72.2% of samples from Darkhan basin of Ulaanbaatar threaten to degrade the soil structure, reduce city and 54.5% of samples from Erdenet city were found to renewability of supply, and deplete underground water sources.85 be highly contaminated. Specifically, 88.0% of soil samples Microbes in the water exceeded the acceptable maximum standard taken from Ulaanbaatar contained bacteria, microbes and in 12.7% of samples taken from central water supply networks of fungi.82 These problems with sanitation in the ger districts aimags and soums, and 22.0% of samples taken from non-central of Ulaanbaatar are continuing to deteriorate despite the water supply sources.86 adoption of a ger district re-development program. More

80 B .Zorigoo, D.Suvd, Urbanization, climate warming and communicable diseases, 83 Ibid, page 53 National Center for Public Health, 2016; Unicef, “Sanitation in Cold Climate” 84 Ibid International Expert Consultation, 2017, page 77 85 UNICEF, “Sanitation in Cold Climate” International Expert Consultation, 2017, page 81 Ibid 112 82 Ibid, page 155 86 Ibid, page 131

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INTERNATIONAL AND REGIONAL 2B HUMAN RIGHTS TREATIES AND CONVENTIONS RATIFIED BY MONGOLIA

As of July, 2020, Mongolia is a party to 36 international human rights treaties and conventions. Since 2018, it has not joined any other international treaties focused on child rights, and is not yet a party to the Hague Convention on Civil Aspects of International Child Abduction.

In September 2019, the UN Committee on the Elimination of Racial Discrimination, sent its Conclusions and and regulations in its 2017 recommendations. The Committee urged Recommendation on the Mongolian Government’s Report the government to adopt all necessary measures to protect child rights on the Implementation of the Convention on the Elimination and ensure non-discrimination in business, the family setting, the natural of all forms of Racial Discrimination adopted by Mongolia in The UN Committee environment and health, and to prevent economic exploitation of children 1966. As well, the working group of the regular UN Human urged the government in the form of child jockeys and other child labour. Rights Council discussion is scheduled to hold its 3rd hearing to adopt all necessary on the Human Rights situation in Mongolia in November, The Committee reminded Mongolia to implement the Convention 2020. measures to and its three additional protocols, as well as making general thematic protect child rights recommendations. It also appealed to the National Human Rights The newly adopted agreement needs to be translated so and ensure non- Commission (NHRC) to create child-friendly and accessible grievance that the UN Conclusions and Recommendations can be discrimination in and complaints mechanisms, and to take all necessary measures to help made public. The capacity and knowledge of government and business, the family children to exercise their right to make human rights complaints and to non-government organizations (NGO), law enforcement setting, the natural develop their capacity to do so. agencies and judiciary needs to be strengthened to create environment and conditions for these agreements and recommendations to health, and to prevent The Government of Mongolia is obliged to send its combined 6th and 7th be put into practice. economic exploitation reports on its implementation of the UN Convention on Child Rights to of children in the form the Committee before September 1, 2022. This report should also include The United Nations Committee on the Convention on implementation of previous conclusions and recommendations. In the of child jockeys and Child Rights advised the government of Mongolia to allocate next sections we assess legal reforms focused on enhancement of laws and the necessary human, technical and financial resources other child labour. regulations encompassed by the Convention, and their implementation. required for effective implementation of child rights laws

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JUDICIAL AND POLITICAL 2C SYSTEM

Political Situation

The 1992 Constitution of Mongolia states that Mongolia is a parliamentary republic with the highest legislative power resting with the State Great Khural (Parliament), executive powers with the Government, and an independent judiciary led by the Supreme Court. In terms of administrative divisions, Mongolia is divided into aimag (province) and capital city; aimags are subdivided into soums, soums are further subdivided into baghs. The capital Ulaanbaatar is divided into districts, and districts are subdivided into khoroos.

The administrative and territorial unit management system is comprised of aimags, capital city, soums, district Citizen Representative Khural, bagh, khoroo public Khural and, in the absence of a Khural, its Presidium leaders, aimag, capital city, soum, district, bagh, khoroo governors. Administrative and local territorial unit management independently governs its territorial economic and social life, combining both local self- governance and central governance authorities to uphold principles of free, democratic governance, freedom, equality, national unity and the rule of law. As of 2020, Mongolia has 21 aimags, 330 soums, 1,639 baghs, and the capital city Ulaanbaatar has

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9 districts and 169 khoroos.87 Administrative bodies at all levels On November 14, 2019 during a full session of the Parliament, combine both local self-governance and central governance. amendments to 19 sections and 30 articles of the Constitution Consequently, local executive governments are accountable of Mongolia were approved and became effective from May 25, to higher central government bodies and local Khurals or 2020. councils. However, they depend on higher central government bodies for finance and therefore, collaborate more closely with As of April, 2019, 36 political parties were registered in them.88 Although the Law on Administrative Units is clear, legal Mongolia. The Democracy Index of Mongolian political parties regulations about mutual accountability, colloboration, and is developed using 4 criteria: Political participation, competition, checks and balance mechanisms between local administrative representation, party finance and transparency. Of the two major units or soum, aimag and central government bodies remain parties, the Democratic party scored 65 points and was included vague.89 in the “Democratic” category, and the Mongolian People’s Party, currently the leading political force, scored 55 points and was In terms of the judicial system, although Mongolia is considered included in the “semi-democratic” category. According to the to be a country with a civil legal system, researchers point out Global Democracy Index that uses election process, government that it shares mixed characteristics of both Roman-German civil activities, political participation, civil freedom criteria, Mongolia and Anglo-Saxon common law legal systems.90 scored 6.5 out of 10 points and ranked 62nd out of 167 countries.

rd 87 Mongolian Statistical Information Service In 2018, Mongolia ranked 93 out of 180 countries in the 88 Ibid 7, Ibid, page 5 Corruption Perception Index with a score of 37 out of 100 89 Ibid, 5; Law of Mongolia on Administrative and Territorial Units of Mongolia and their th Governance, 2006 points, but by 2019 had retreated by 13 places to rank 106 90 D.Bayarsaikhan, Contemporary issues of legal thinking, 2012

64 65 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA rank with 35 points.91 According to the World Bank governance indicators that assess basic governance capacities of world countries, despite the significant improvement of some indicators such as government regulation and activities, the rule of law and corruption situation had deteriorated.92

Figure 1. Governance indicators

57.1 Citizens’ Voice and Accountability 56.7 56.7

74.3 Political and Violence/Terrorism Situation 73.3 73.3

45.7 Government effectiveness 50.5 37

54.8 State Policy and Coordination Quality 52.4 44.7

44.7 Rule of law 45.7 42.3

39.9 Corruption 36.5 37

0 10 20 30 40 50 60 70 80

2018 2016 2014

Source: Worldwide Governance indicators, World Bank 2018

The General Election Commission of Mongolia registered 13 political parties and 4 coalitions that wanted to participate in the 2020 parliamentary election. It registered a total of 606 candidates running for parliament and of these, 19.9% or 121 were independent candidates, and 24.9% or 151 were female candidates. According to the election polling results, the Mongolian People’s Party won 62 seats, the Democratic Party 11, and the “Yours and Our Coalition” /MPRP-CWGP-MNDP/, the “Right person Electorate” Coalition and Independents each won one seat. Currently, 13 or 17.1% of parliamentary members are women. 91 Transparency International, Corruption Perception Index, 2019 92 World Bank, Worldwide governance Indicators, 2018

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Civil Society Organizations approval.The Law has been amended 6 times since 1997, and a revised draft law was submitted in 2018 that would Worldwide Governance indicators by World Bank show that enhance the legal environment supporting the formation of Mongolia’s index on Voice and Accountability is 57.12 and is civil society through equal participation and consensus as ranked 88th of 204 countries. In other words, public participation part of public monitoring of the government. As of July, 2020, is slightly higher than the average. As of April, 2019, there were the draft law had not still been approved. As defined in 1997 22,416 non-governmental organisations (NGOs) registered on in the Law on NGOs, an NGO is defined as a volunteer the Statistical Business Registration database. organization based on public and group interests and ideas, Public interest independent from the government, a private legal entity, a Of these, 10,795 were active, 7,997 were inactive, 3,233 had groups and social self-governing and not-for-profit organization. temporarily suspended activities, 302 had fully suspended their movements can also activities, 89 NGOs cannot be found or have other reasons for work without state Civil Society Organisations include various associations, research institutions, public groups, common interest inactivity. The government is slow to support the participation of registration. civil society organizations or to recognize them as an important groups, political movements and specific interest groups part of the national development process, however, to address and clubs. When CSOs register as legal entities, they have this to some extent, it has developed an amendment to the Law an opportunity to apply for official funding, hire full-time on Non-governmental Organisations and worked towards its staff, and operate in a wider field. Public interest groups and social movements can also work without state registration. A CSO is a definition that includes NGOs. Even though there are many registered CSOs, those that are active are relatively few. Financial capacity, sustainable human resources and management capacity are key factors in the sustained existence and successful operation of CSOs. More than 80% of CSOs are registered in Ulaanbaatar and the rest in rural areas. The number and capacity of CSOs working in rural areas is increasing annually.

Organizations based on public participation are mostly small, don’t have full-time staff and tend to rely on volunteers. Mid-scale CSOs have 2-5 full time and volunteer staff. It is common for women to work as managers and members, and they account for more than 80% of total CSO staff. Large and experienced CSOs conduct training for smaller organizations and groups and provide advice and recommendations. The General Authority for State Registration updates statistical data on registration of CSOs on a monthly basis, however,

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it does not disclose information about activities or contact information in its annual report on CSOs. Only very few CSOs disclose information about their activities through internet sites and social media. There is no mechanism to measure the effectiveness of CSOs or whether they are working according to their mandate. The lack of information about CSOs’ activities restricts opportunities for public participation in civil society development and for supporting their issues.

One important challenge faced by CSOs is the lack of experience with raising funding from domestic and international sources. Membership fees, donations and donor-funded projects have become the key funding sources for CSOs. In addition, it is possible for CSOs to earn revenue through business activities related to the implementation of their mission. According to reports by the Ministry of Justice and Internal Affairs, 59.5% of CSO funding comes from international donors, 27.9% from donations by individuals, and 12.6% from their own operational revenue.

National and local CSOs don’t have a regular source of funds and thus mostly rely on competitive project and program financing. Since project financing is irregular, CSOs sometimes engage in different areas completely outside their main objective. It would be beneficial if local NGOs could access funding that focuses on strengthening their capacity to develop sustainable resources, the most critical challenge they face. Currently, most large and experienced

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CSOs conduct training and counsel other smaller organizations and groups, especially local CSOs and organizations based on public participation. CSOs form Some CSOs work as policy research centres focused on associations stakeholders such as media and government organizations and and coalitions strengthening their capacity and sharing knowledge. Research- in order to more based CSOs conduct baseline surveys for technical and effectively deliver economic feasibility studies, and monitoring and evaluation of information about donor-funded projects and programs93. Despite collabourations critical challenges between government and civil society organizations at national and local community levels, the scope of their cooperation and facing their partnership varies. sector of interest to government, The role CSOs plays in developing policy, providing services international and increasing citizen participation in local development very NGOs and other much depends on the level of understanding and commitment of The current Law does not consider or regulate differences stakeholders. relevant public officials. CSOs form associations and coalitions between NGOs and other CSOs, such as variations in interests in order to more effectively deliver information about critical However, little between different political, religious and for-profit organizations challenges facing their sector of interest to government, and broader educational and health organizations. In other progress has international NGOs and other stakeholders. However, little words, entities that are not strictly NGOs as defined by the Law been made in progress has been made in terms of financial sustainability and can operate as NGOs as it has become impossible to monitor terms of financial advocacy capacity of CSOs. the large number of NGOs. There is a need to register NGO/ sustainability and CSO entities in compliance with the definitions set out in the advocacy capacity CSOs that advocate for human rights issues work closely with Civil Law, and further, support for civil society organizations that other countries, especially in the Asia-Pacific region, North engage in publicly beneficial actions should be set out in the Law of CSOs. America and Western Europe. Pioneer Mongolian civil society on NGOs.95 organizations contribute not only to regional, but to international efforts. In Mongolia, over the last twenty years, CSOs have been The Law on NGOs, classifies an NGO as a social service, but developing as a “third” force that represents various social currently, there are no statistics on the activities of NGOs. During groups with different origins, beliefs, perceptions and public the last twenty years, many NGOs have emerged in different interests. CSOs are key partners in the country’s development fields, but the legal environment, support, and monitoring and they are steadily increasing their participation and gaining of their activities are not keeping pace with the rate of their experiences.94 development.96

95 Research on the needs and requirement for amendment of the Law on NGO, 93 Asian Development Bank, Civil Society Introduction: Mongolia, 2019 MoJIA, SDA, Baasanjav Consulting, Citizens’ Participation II Project, 2017 94 Asian Development Bank, Civil Society Introduction: Mongolia, 2019 96 Asian Development Bank, Civil Society Introduction: Mongolia: 2019

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Press Freedom Sub-section conclusion

In 2018, Mongolia ranked 71st out of 180 countries in the World A number of country-specific factors prevent the rights of children being Press Freedom Index that assesses press freedom around the fully implemented in Mongolia. Reasons for this are as follows: world. In 2019, it was ranked 70th, one rank higher than the - Although the Mongolian economy is growing steadily, the previous year. Mongolia scored 36 out of 40 points on political government policy and regulations related to the coronavirus rights, 49 out of 60 on civil freedom, and received an overall pandemic and government debt are still not approved. There is a total of 84 points out of 100, with Mongolian press freedom risk that funds for children’s basic needs will be reduced and the status being assessed as “free”. budget for children cut. - Even though the poverty rate is declining in rural areas, it is The Mongolian Press Institute noted during discussion of the increasing in Ulaanbaatar. This has adverse impacts on the “Mongolian News Media Today-2019” research report that delivery of quality services for children, restricts their rights to “according to research, more than 70% of large news media enroll in schools and receive medical services, increases the risk is owned by high-level political office holders, and 11% of all of environmental pollution, and exacerbates inequalities. news media is owned by the State, including professional and - There’s an immediate need to address urban and rural specialized newspapers and magazines”. differences and reverse urban migration. This will require building More than 70% of infrastructure to link rural areas with urban markets, enhancing The Law on Telecommunications was amended in 2019 and service quality and accessibility of universities, clinics and business large news media Article 4.1 which stated “parliament shall determine state policy opportunities, and creating jobs based on local advantages. is owned by high- in the telecommunications sector’ was revoked and Article 5.1 - Harsh climate, desertification, overgrazing of pastureland, and level political office added stating “government shall have the right to approve state increased frequency of natural disasters have led to imbalances holders, and 11% policy and implement it”. in the environment and this in turn has negatively affected of all news media the livelihood of herders, rural society and regional economy. is owned by the However, there is a need to support the establishment of Consequently, migration to Ulaanbaatar has rapidly increased and an independent multi-media system rather than leaving the a number of social indicators have been negatively affected. State, including dissemination of news to the existing media. - Politics and the education sector show a high gender bias and professional because of this, women’s participation in the political decision- and specialized During 2017-2019 information labelled as ‘state confidential’ making process is weak, corruption has increased, the rule of law newspapers and increased to 565. In 2016 the Law on State and Official is vulnerable, there is evidence of overwhelming inequality, and magazines. Confidentiality was adopted enabling the approval of state long-term child-related policies have yet to be implemented. and official secrets as listed by the government. Some legal - It is important to remember that good governance is founded on experts view this as a threat to the media and public’s right to impartial media that observe the state’s obligations to implement information. human rights and support the independent functions of civil society. It remains challenging for people to access transparent information on the websites of public institutions. There is also a need to enable access to information by people with disability in forms convenient for them. 74 75 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

PART TWO

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ARTICLES ESTABLISHING 3A 3.SITUATION ANALYSIS OF THE CROSS CUTTING SYSTEMS OF PRINCIPLES AND UNCRC IMPLEMENTATION INSTITUTIONS

GENERAL MEASURES OF IMPLEMENTATION

Enabling legislation for child rights

Highlights from the 2019 evaluation of 2016- 2020 Mongolian Government Action Plan implementation are presented below: There are 312,802 2-3-year-old pre-school aged children across Mongolia and in the 2019-2020 school year, 263,333 children had enrolled in a total of 1,439 kindergartens and total enrollment reached 84.1%. There were 84 kindergartens still under construction in 2019. 275-child capacity kindergartens worth 2.8 billion MNT were commissioned with the help of foreign donors. In 2019, all schools operating with 3 shifts per day were fully transitioned to 2 shifts.

The implementation of “The national program to support rights, participation and development of people with disability 2017-2020” is underway. Within the framework of this program, training on methodologies for working with children with disability and on the enrollment of autistic children in education were organized for teachers.

By Order No. C/58, the Chairperson of Mongolian Agency for Standardization and Metereology approved “Mongolian Braille Writing Standard” MNS6800:2019.

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and 9 districts. Also a “Council to support enrollment of children with disability in education” was set up.

During the analysis period, the following national policies and programs relevant to ensuring children’s rights have been implemented or are continuing to be implemented: • Mongolian Sustainable Development Concept-2030, 2016 • Action Program of the Government of Mongolia 2016- 2020, 2016 • Action Plan for Implementation of Government Action Program 2016-2020 • General Direction to Improve Mongolian Laws and Regulations till 2020, 2017 • National Child Development and Protection Program (2017-2021), 2017 • National Health Policy (2017-2026), 2017 • National “Education” Program (2010-2021), 2010 • National Food and Nutrition Program (2016-2025 ), 2015 • National “Maternal, Child and Reproductive Health” Program (2017-2021),2017 • National Program for the Promotion of Rights, Participation, Development of People with Disabilities (2018-2022), 2017 • National Program on Combatting Human Trafficking Safety and general requirements of general education schools (2017-2021), 2017 standard MNS2019:6782 and general requirements for GES • National Population Development Policy (2016-2025), dormitory conditions and services standard MNS2019:6781 2016 were adopted, and Schools Nos. 29 and 116 received 120,000 • National Youth Development Program (2019-2022), 2019 USD from World Bank for school provisions and supplies. School (15-34 y.o) Nos. 25, 55, 63, 70 and 116 also received 30,000 USD financing • Public Legal Education Program, (2018-2023), 2018 to enhance school conditions. • National Program “Environment and Health” (2017-2020), 2017 Under the objective to establish central and branch commissions • National Program to reduce air and environmental with the mandate of detecting and identifying children’s pollution (2017-2025), 2017 developmental difficulties and potential at an early stage and • National Program to combat against Non-communicable implementing comprehensive child development programs, in diseases (2017-2021), 2017 the 2019-2020 school year the “Children with disability’s health, • National Program on prevention and control of Infectious education, social protection commission” was set up in 21 aimags disease (2017-2021), 2017

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• National Gender Equality Program, (2017- 2021), 2017 • National Program on prevention of Accidents and Injury, (2018-2022), 2018 • National Program” Healthy Food-Healthy Mongolian person”, (2019-2023), 2019 • National Program “Urbanization and Health” (2015-2020), 2019 • National Program on Reduction of Unemployment and Poverty (2019-2024), 2019 • National Program on protection and assistance of Witness and Victim (2016- 2024), 2016 • National Program to strengthen system to protect against Disaster (2011-2020), 2011

The National Child Development and Protection Program is being implemented between 2017-2021 with the following aims: to create a healthy and safe environment for children; to create environments favourable for child development; to nurture a social culture that listens to and respects children’s opinion; to prevent and protect children from all forms of neglect, abuse, pressure, violence and exploitation; to reduce income and non-income poverty of children with the support of social welfare policies by promoting equal opportunities. All these goals are to be achieved with the participation of children and CSOs. The program specifically aims to improve access to health, education, protection and other social services for children with disability and other disadvantaged children from socially and economically vulnerable groups in remote rural areas and poor urban areas.

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Table 10. Criteria of National Child Development and Protection program97 Measuring Baseline Target level Criteria Measuring Baseline Target level unit Criteria year Indicator Year Indicator Year Indicator unit Year Indicator Year Indicator Year Year Information Impact criteria about violation Objective: Objective of this program is to ensure child right to safety, health, to education, of child rights Number 76 76< 76< development, protection, participation in social life, strengthen national child protection system and protection 2016 2019 2021 % 3.5 5.5 7.5 through participation of other sectors and create child-friendly environment. Child received Child mortality child protection % in total from diseases 16 (1625 service mortality 2016 2019 14 2021 13 that could be cases) case % of 0-17 year prevented children living in households with Child Child poverty 2016 28.9 2019 25 2021 20 developmental Level 2013 10.1 2019 8 2021 7 less income delay than poverty line Preschool education Death of up Net enrollment 2015/2016 to 5 year-old 80.9 85.6 12.7 (207 educational General School 2019 84.0 2021 child caused by Level 2016 2019 11 2020 10 91.2 94.3 case) enrollment education year accidents and school injury enrollment - % of child- friendly hospital 75 (189 -Early age:18 Child-friendly 78 and 36 Increased Increased and clinic 2016 hospital) 2019 2021 80 Child organization 28< months New than than - Adolescent- 28 development 2017 2019 2021 -Adolescents: calculation. expected expected friendly clinic assessment 11 and 15 indicator. indicator. 14.9 (among years % of children 6-14 year with educational children); 13.0 10 % 2016 2019 2021 problems and 6.3 (among 5.8 5 challenges 15-17 year- old children) % of children Increased Increased enrolled in New than than % 2018 2019 2021 extracurricular calculation expected expected activities indicator. indicator.

97 National Child Development and Protection Program (2017-2021), 2017

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Measuring Baseline Target level Measuring Baseline Target level Criteria Criteria unit Year Indicator Year Indicator Year Indicator unit Year Indicator Year Indicator Year Indicator Gross 2015/2016 % of children 0-2 year 32 27 24 graduation % school 95.8 2019 112 2021 123.9 without 3-5 year 78 67 60 ratio of 2016 2019 2021 year primary grades proper 6-14 year 38 32 29 housing 5-17 year 15 13.5 11 Gross 2015/2016 graduation % of children 0-2 year 77 67 58 % school 118.9 2019 128 2021 133.5 ratio of basic without 3-5 year 76 67 57 year 2016 2019 2021 education sanitation 6-14 year 13 11.8 10 % of children 74.4 facility 15-17 year 12 10.8 9 enrolled in (according % of child- children’s % 2015 to 2019 78 2021 80 friendly self-governing overlapped organization figure) child social % 2014 3.4 2019 4.1 2021 4.4 % of decisions protection made by local cost in GDP administrative organization % 2015 4.6 2019 8 2021 10 The National Program for the Promotion of Rights, that included Participation and Development of People with Disability suggestions of (2018-2022): children - % of Addressed addressed The Program ‘s objective is to implement laws and regulations complaints complaints, and requests 2015 86.7 2019 92 2021 95 on the human rights of people with disability, increase their requests received from opportunities to participate fully in all social relations and to live received from children children comfortably, to educate the public about the human rights of Financing people with disability, and to create a social environment friendly Fund allocated from allocated from to persons with disability. government government 2016 12.8 2019 236.0 2021 300.0 budget budget (in for child The program goals are to: provide rehabilitation for people million MNT) protection with disability to regain ability where possible; ensire equal - % of 1-14 year enrollment of people with disability in education at all levels; old children support employment of people with disability; deliver person that received with disability-friendly social protection services; enhance psychological Psychological punishment accessibility of person with disability-friendly infrastructure and 40.3 35.3> 30.3 and corporal - % of 1-14 2013 2019 2021 information; development of a centralized database about people 27.8 22.8> 17.8 punishment years old with disability; ensure participation of people with disability in children that any social issues that affect them; build the capacity of people received corporal with disability to prevent disaster risks and ensure safety. punishment

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The National Population Development Program 2016-2025 Laws and regulation concerning health, food nutrition is being implemented by the State under Goal No. 4.1.15 that and sanitation aims to achieve early detection and diagnosis of disability; equal, accessible, quality medical service delivery that meets the needs On May 30, 2019, the “Law on food production and service of of people with disability and older people; develop “guidelines general education schools” was approved to take effect from to provide comprehensive development support for children September 1, 2020. The Law regulates activities related to school with disability” along with guidelines to detect disability at an food production, service system, management, organization, early stage, has been included as Appendix No.1 of Joint Order rights and responsibilities of stakeholders, monitoring focused No. A/304, A/699, A/460 by the Minister of Labour and Social on supporting intellectual and physical development and healthy Protection, the Minister of Education, Culture, Science and eating habits of students and pupils. Sports, and the Minister of Health dated November 15, 2018. This law includes articles on inclusive enrollment of students; accessible supply of safe, nutritious food, ensuring participation by parent and guardians; appropriate use and organization of facilities, equipment, and human resources that meet technical standards; preferential use of local and nationally produced raw materials and goods.

Education laws and regulations

During the analysis period, the Law to Support Teachers’ Development was approved. Article 8.4 of this law calls for first and secondary grades of general education schools (GES) to have assistant teachers present if the class has more than 44 children. The General Education Department of MECSS approved 21 documents, 3 orders in 2018 and 31 documents including 4 standards in 2019. These are the standard requirements for individual training curricula and plans for children with disability: Standardized examples and guidelines A/155 2018.03.29, Procedure for the prevention of violence against children in educational institutions and dormitory settings A/239 2018.05.01, Mid-term plan to create safe school environments A/398 2018.06.22, Child protection policy in GSEs environments A476 2018.7.31, Procedure for continuous enrollment of domestic violence victim-child in basic educational service A612 2018.10.01, Standardized instruction

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to reduce workload of kindergartens with too many children in a class, transition GESs from 3 shifts to 2 shifts A/323 2019.05.23, update and approval of the curriculum “Civil Rthics Education Curriculum” A/390 2019.06.13 Mongolian standard “General requirement for safety of general secondary school dormitories” MNS6781:2019 2019.10.16, Mongolian standard “General requirement for safety in general secondary education schools” MNS6782:2019 2019.10.16, Mongolian standard “General health requirement for educational settings” MNS6799:2019 2019.12.23, Mongolian standard “Mongolian Braille letters” MNS6782:2019 2019.12.13 (133).

Child Protection response service laws and regulations

As required by the Law on Child Protection, 6 procedures and standards were to be adopted, however, 5 were adopted and 1 was not. Similarly, with the Law on Child Rights, 6 procedures were to be adopted, however, 4 were adopted and 2 were not. As required by the Law on Combatting Domestic Violence, 33 procedures and standards were to be adopted, however, 22 were adopted and 11 were not.98

For instance, the following procedures and standards were adopted as required by the Law on Child Protection: Procedure for licensing of legal entity to provide child protection response services; Procedure on structure and functioning of the Juvenile Justice Board; Child Protection policy in general secondary education school environments; Standard example of child protection document; Recommendation for setting up Parents’ Councils.

98 Compilation of Legal Documents related to Family, Child Protection and Child Rights, Parliament, MLSP, 2019 90 91 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

The following procedures have been adopted as required under the Law on Child Rights: Procedure on selection of Child- Ambassador; Professional ethical rules of Mongolian Social Workers; Procedure on development and use of Child Rights Database; Procedure for Child Rights Worker.

The following procedures have been adopted as required under law on Combatting Domestic Violence. These are: Procedure on the Functioning and Financing of Multidisciplinary Teams (MDT); Procedure to assessment of the situation; Procedure on the Licensing of NGOs that provide Services to Victims; Procedure on the Provision of Voluntary Trainings and Programs for Behaviour Changes; Procedure on the Provision and Financing of One Window Services; Procedure on the Organization of Meetings Between Victims and Perpetrators; Procedure on the Provision of Temporary Protection Shelter services; Procedure on the Provision of Psychological Counselling for Victims; Procedure for Referral Service; Procedure on the Provision of Services for Children affected by Violence; Procedure for The Commission for Health, Education, Social Protection prevention of violence in settings of Educational Organization of Children with Disability and Dormitory; Procedure for continuous enrollment of The purpose of the Commission for Health, Education, Social Child-victim of domestic violence in basic educational services; Protection of Children with Disability is to detect disabilities Procedure to provide medical assistance and services for in 0-16 year-old children, to enroll children with disability in victims; Procedure to provide psychological counselling services health, education and social protection services, and to monitor, for victims; Procedure to provide medical, psychological and implement, and promote inter-sectoral coordination. Under the psychological counselling services for a child affected by domestic objective to form central and branch commissions mandated to violence; Procedure to keep statistical records, registration of detect and identify child disability and implement comprehensive domestic violence and development of database; Procedure for child development programs, in the 2019-2020 school year, organizations mandated to enforce law and others organizations the Commision worked in 21 aimags and 9 districts. Also, the to exchange information; Procedure for forced behaviour change “Council to support enrollment of children with disability in training program; Procedure to provide legal assistance for child education” was established. During the analysis period, a report affected by domestic violence; Procedure to monitor safety of by this commission was not found and there is a need to build one-window service centre; Procedure to assess danger levels; the capacity of the branch commissions to report and support Procedure for temporary protection shelter of child affected by the rights of people to access information from them. violence.

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One-window service and temporary shelter Under the Law on Combatting Domestic Violence, one- window service points are intended to provide temporary shelter for victims or potential victims of domestic violence, to protect their lives, health and safety, and to provide medical and psychological services, social services, child protection, rights assistance and other referral services. As of 2019, there were 14 temporary shelters, and 15 one-window service centres are working across the nation. These include: 13 state temporary shelters, 14 one-window service centres run by the State, 1 temporary shelter and 1 one-window service centre run by a non-governmental organization.99

Table 11. Statistical information about customers of temporary shelters and one-window service centres. (2018, 2019 )100 From this: Citizens No. Service centres herders 2018 2019 2018 2019 1 Temporary shelter 529 596 23 45 2 One window service centre 1210 1821 6 6

Temporary shelters were established in 2017 to allow child protection response teams to provide comprehensive services including: detection of children at risk of domestic violence, situational assessment, ensure and support security, referral, adaptation of social relations, and reintegration with families. These shelters provided response services for 285 0-18 year-old children in 2017 and 945 children in 2018. In 2019 temporary shelters and one-window service centres provided child protection response services for 2,020 children to ensure their safety.101

99 NHRC, 19th report on Human Rights and Freedom in Mongolia, 2020, page 29. 100 NHRC, 19th report on Human Rights and Freedom in Mongolia, 2020, page 30. 101 NHRC, 19th Report on Human Rights and Freedom in Mongolia, 2020, page 104.

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juvenile offenders in training and programs, protect the interests of juveniles not covered under legislation to protect victims and witnesses. The Inter-sectoral Juvenile Justice Board was established in all aimags and districts in 2017, mandated to provide legal assistance and work with juvenile offenders, victims, witnesses of crime under the Procedure of Juvenile Justice Boards. As a result of regular activities by this board and delivery of technical assistance and recommendations, the number of children that received the board’s services increased from 618 in 2017 to 902 in 2018.

A training manual to build capacity of the board members was developed in 2019 and training was conducted for 270 public officials who were members of the board. This is very small From the total figure compared with the total number of juvenile offenders, convicts, 1,356 victims, and witnesses, demonstrating that the Juvenile Justice (7.9%) were Board is inaccessible and unable to reach all target children. children under 18. There were 1,598 under-18 year-old children who were victims of crime in 2019. In the previous year the number of children under 18 years of age who became victims of crimes Juvenile Justice Board was 1,688. The number of crimes where juveniles partcipated was 1,068 and this was a 427 (44.1%) increase on the previous As defined in article 4.1.3 of the Law on Child Protection, the year. The number of convicts in 2019 was 17.1 thousand and “Juvenile Justice Board” is a local unit made up of representatives this was a 721 (4.4%) increase on the previous year. From of professional organizations that provide services for juveniles the total convicts, 1,356 (7.9%) were children under 18.These suspected of and investigated for a crime, witnessed a crime, facts and figures show that the Juvenile Justice Board is not became a victim of a crime, were convicted and sentenced for reaching even half of all 3,000 child offenders and victims that a crime, became the subject of enforcement measures, or were require its attention. Therefore, there is a need to promote sentenced for committing an offence. As outlined in Article 15 the Juvenile Justice Board’s activities, offer its services to of this Law, the Juvenile Justice Board has the obligation to work target children, and increase children’s ability to access it. with juvenile offenders, victims, and witnesses of crime and provide counselling for children during criminal proceedings, support former convicts to reintegrate with society, enrol

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Multidisciplinary teams (MDTs)

In 2018, capacity building training was provided for 4,634 members of 609 MDTs nationwide, and MTDs worked with 1,298 families with domestic violence cases, and provided child protection services to 945 children or 4.5% of all children living at risk.102 Although MDTs have been activated across the country in compliance with the Law on Combatting Domestic Violence and the Law on Child Protection, in reality, conceptual, financial and sustainable human resources and operational challenges hindered their effective functioning. For instance, in addition to their main duties, MDTs are obliged by the two Laws to work with both victims of domestic violence and children exposed to violence. This increases the workload of MDTs and risks deterioration of quality and access to child rights services.103 There is also a need to define and regulate many issues including development of procedures and rules to transfer unresolved cases from MDTs working in primary administrative units to the MDTs in vital issue. For example, since implementation of capacity higher administrative units or aimag/district; clarification of roles building training for MDT members, 19.1% of all MDT members and responsibilities of MDT members and their performance and 50.0% of Ulaanbaatar MDT members have left and been incentive mechanism; development of a sample confidentiality replaced.105 Basically, the need is ongoing to build capacity of agreement; development of a list of protection services and MDT members, provide technical assistance, take actions to standards; development of mechanisms to exchange experiences retain MDT members, introduce best practices, and improve between MDTs; and creating mechanisms to protect MDT practices especially in the areas of prevention, case identification, members.104 and case management.106

In addition to the above, many issues and recommendations In 2019, a total of 18 actions were taken to enhance child related to policy, local government and MDT performance protection service quality and accessibility, implement relevant raised at the conference “Strengthening the Child Protection procedures and standards, and provide child protection and System in Mongolia” and by the research “Multidisciplinary prevention services for 181,890 children, and response services Teams: Current Situation, Achievements and Challenges” need for 9,662 children. A temporary protection shelter was established to be implemented. Retention of MDT members is also another in 2017 to identify of children at risk of family violence, conduct situation assessments, ensure safety and security, support these 102 S.Mungunchimeg, consultative workshop “Strengthening the Child Protecton System in Mongolia”, 2018, Opening Speech children by providing referrals and links and enable adaptation to 103 Also Ibid, Development Initiative and Policy Research Centre, “Multidisciplinary teams: Current situation, Success and Challenges” report, 2018, pages 78-86 105 Ibid; P.Myagmarjav, Introduction to Family, Child Protection Department of AFCYD, 104 Ibid; MLSP, FCYDA, JICA, SC, “Strengthening the Child Protection System in 2018 Mongolia” Conference, 2018 106 Ibid

98 99 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA social relations and reunion with their families. In 2017, the shelter responded to the needs of 285 children aged 0-18, and 945 children in 2018. In 2019 a total of 2,020 children received response services through the temporary protection shelters and one-window service points that secured their safety and protection.

On the initiative of the head of the National Council for Children, mobile child protecton services were introduced from August 2019 to prevent violence against children and mitigate risks in all social environments. The mobile service provided child protection services in 9 districts of Ulaanbaatar and Dornogobi and Khentii aimags for 13,308 residents and 20,580 children, built capacity on the job of 278 specialists of 43 MDTs, and provided them with technical assistance. Risk assessments were conducted at 111 sites and information was disseminated to 113,000 persons through the online page.107 In 2019, AFCYD increased accessibility of services for early detection and prevention of violence against children, as well as rehabilitation services, worked with 19 licensed NGOs that provide child protection response services, and provided protection response services for 586 children at risk. It provided 490 million MNT required for these services from its child development and child protection fund. Within the framework of this article of the resolution, many vital steps have been taken to ensure that the State would be fully responsible for the cost of health and child protection services for child-victims of crimes against children, sexual freedom and the inviolatibility of children, but it remains uncertain whether a fund to support victims has been established.108

107 NHRC, 19th report on Human Rights and Freedom in Mongolia, 2020, page 104-105. 108 NHRC, 19th report on Human Rights and Freedom in Mongolia, 2020, page 106.

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TV, online sites and pages, and directly reached a total 95,673 people (19,125 households, 76,548 children) through training and promotional events, as well as by disseminating child protection and prevention information. As well, 492 specialists of 82 MDTs of 9 districts of Ulaanbaatar worked in 186 locations.109

Support to strengthen the child protection system through technical assistance is one of strategic goals of Save the Children’s International Coalition. SC is committed to strengthening and building the capacity of MDTs and the child protection system with the following recommendations: to conduct phased training to build capacity of social workers and members of MDTs based on actual situations, revise case management forms to be more effective and conduct training on their use, advocate for regular use of the forms, and build efficient cooperation between team MDT members.

Also, public involvement and participation is vital for assisting MDTs to identify and be informed of cases and households at risk, to stop violence, and to plan actions to prevent violence; there In 2019, AFCYD, for the first time organized mobile child is a need to document and disseminate best practices developed protection services in the form of a mobile patrol. The Beautiful with INGO’s professional technical assistance for members of Hearts NGO was contracted to provide its own bus to travel as MDTs to deliver child protection services, to inform national a mobile patrol that could initiate a rapid action and counselling policy, allocate funds to finance MDTs, and monitor spending services together with child protection prevention services. in national and local government budgets. Recommendations The “Mobile child protection service” public campaign had four also include the following: within the framework of inter- goals: to educate the public (I), to build capacity of responsible sectoral cooperation, develop and introduce recommendations specialists on-the-job (II), to identify and refer children at risk related to conducting case sessions; develop operational plans (III), detect environments at risk (IV). Under the campaign, 8 of MDTs at the start of each year in order to improve inter- specialists such as social worker, psychologist, journalist and sectoral coordination and secure approval by joint order of driver, more than 20 volunteers, and 15 experts joined the mobile ministry, agency and local community; take the vital step towards child protection service. It visited 9 districts of Ulaanbaatar improving child protection response services by instituting with the bus and travelled to 3 aimags: Zamyn-Uud soum of measures that build capacity to monitor, evaluate, and analyze Dornogobi aimag, Chinggis city of Khentii aimag, Zuun Mod city activities and services of MDTs. and Bayanchandmani soum of Tov aimag. The campaign indirectly reached 567,973 people across the country through mass media, 109 Database of FCYDA- http://www.fcy.gov.mn/news/124

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Budget and financing for child rights

The Mongolian Government budget reached 9,092 billion MNT in 2019 with the health sector accounting for 9.1% of all budget spending and education sector for 19.2%. Educational sector spending accounted for 3.8% in GDP and health sector accounted for 1.8%.110 In 2019, 34.1% of social welfare funds was spent on monetary allowances for children with each child on the “Monetary Program for Children” receiving 20,000 MNT per month.111 In 2019, the government planned to build 21,420 seat capacity across 48 schools, and 13,140 bed capacity in 93 kindergartens. Of these, all 48 schools and 81 kindergartens (or 87% of planned kindergartens) were built.112 The 2019 evaluation report on implementation of 2016-2020 Government of Mongolia Action Plan reported that all schools which previously had 3 shifts per day, had fully transitioned to 2 shifts of students per day113.

Special purpose transfers for child development and protection amounted to 7,823 million MNT in 2019, and 10,677 million MNT in 2020.

110 Mongolian Statistical Information Service 111 2019 Budget implementation 112 Ibid, 113 “2019 Evaluation Report of 2016-2020 Government of Mongolia Action Plan of Implementation

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Table 12. Budget by Portfolio of Ministers Definition of the Child Portfolio of ministers, sum (million MNT) 2018 2019 2020 Minister of Health 766,306.1 839,948.9 964,554.8 Child Rights legislation defines a child as a person under the Current expenditure 632,972.2 735,710.9 830,798.6 age of 18. However, the Fifth Periodic Report of Mongolia on Minister of Labour and Social Protection 1,267,659.9 1,619,397.5 1,547,593.0 the Implementation of the UN Convention on the Rights of the Current expenditure 1,201,772.2 1,585,502.1 1,522,136.1 Child highlights the need to protect the best interests of a child Minister of Education, Culture, Science and Sports 1,632,349.00 1,863,563.9 2,173,161.9 in legal environments where they may be considered adults: for Current expenditure 1,136,445.00 1,192,310.2 1,510,740.4 instance, a child can enter a vocational training centre at 14-15 Source: 2018, 2019, 2020 Budget Law of Mongolia years, learn a trade by 16-17 and be employed before turning 18 y/o. As well, the revised Criminal Law refers to ” …..rape It is interesting to note that the majority of current expenditures of a person under age 16 that resulted in pregnancy…” and lie within the budgets and Minister of Education, Culture, Science “… sexual exploitation of a person under the age of 16 that and Sports and Labour and Social Protection. According to results in pregnancy….” These examples highlight some of the UNICEF estimates, full implementation of the Child Rights and inadequacies in legislation that risk confusion around the rights Child Protection Laws in Mongolia would require 22 billion MNT, to protection and sexual inviolability of children 16-18 years of or at the very least 11 billion MNT, and therefore, to achieve age. realization of these Laws, the government needs to designate these funds in the 2021 Budget Law of Mongolia. Details of Sub-section conclusion the issues related to budget and finance are described in later sections. Considerable effort has been taken in a short space of time to protect child rights and strengthen the child protection system General principles in law, in policy and in institutional and actual implementation. However, implementation has been challenged by inconsistencies The general principles that underpin the rights of children as in policies and constraints in financial, institutional and human identified in the international Conventions and Agreements capacities, and lack of support mechanisms that have inhibited that Mongolia is a party to, such as right to life, education, non- the exercise of child rights and the establishment of an effective discrimination, adherence to the best interests of the child, child protection system right to expression and participation, are all reflected in new and revised laws, policies, programs such as Child Rights, Child Protection, Human Rights of Persons with Disability, Domestic Violence, and Criminal and Infringement legislation mentioned above. However, as we saw in the section on organizations for children, in reality, the number of policy, financial, human resources and public knowledge and attitudes hinder effective implementation of policies and legislation. Specific child rights issues are addressed in the following section.

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ARTICLES ESTABLISHING 3B SUBSTANTIVE RIGHTS

EDUCATION

A summary of the implementation of child rights to education and development in Mongolia is shown in the table below. Here, child rights issues in pre-school, general secondary education, vocational and university education settings are analyzed in detail.

Table 13. Statistical review of 2018-2019 education sector Indicators As of 2018 The net enrollment rate 96.3% Primary education graduation gross weight 98.6% 13.0% (6-14 years old children); The education deficit rate 5.8% (15-17 years old children) Gross enrollment ratio 97.1% (Basic or 1-9 grades) Percentage of children who attended early childhood education 1 year before reaching an 64.6% official school age Percentage of 15-24 years old youth who don’t have education, no employment and not 19.8% attending any training Number of 6-14 years old pupils dropped out 682 of school Source: NSO, MECSS, Indicators of Sustainable Development Goal, Education Sector reports 2018

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Full time pupils: 640,000 • 46.0% (292,400) are in Ulaanbaatar • Gender ratio is equal. Children with disability study in GESs: 6,053 (as of 2018) • In terms of gender, 44.0% are (2685) female, 56% male • In terms of location, 44.0% is (2692) are in Ulaanbaatar. • These children account for 1.1% of all pupils.

3 TECHNICAL OR VOCATIONAL EDUCATION

Number of Technical, Vocational Educational Training Centres: 86 • 51 Public, 35 Privately owned TVET centres. Number of all students: 37,039 • 61% male, 39% female.

1 PRE-SCHOOL EDUCATION (PSE) 4 HIGHER EDUCATION

Number of kindergartens: 1,439 Number of universities: 95 • Of these, 48.0% (685 kindergartens) are in Ulaanbaatar • There are 21 public, 71 privately owned, 3 foreign owned • 62% are public, 38% are privately owned kindergartens. schools. Number of children enrolled in PSE: 263,333 Number of all students: 148,446 • From these, 46.0% are in Ulaanbaatar • 39% is male, 61% is female. • 51% male, 49.0% female. Children with disability enrolled in PSE: 1,087 (as of 2018) Article 4 of the Law on Education defines the goal of education as • Of these 53.0% are (576 children) in Ulaanbaatar follows: “the goal of education in Mongolia is to develop citizens • Of these, 39.0% are (428 children) female. with appropriate intellectual, moral and physical abilities, with • These children account for 0.4% of all pupils. humanity and ability to study, work and live independently”.114 It is crucial for educational institutions to assess knowledge as well 2 GENERAL EDUCATION SCHOOL (GES) as to develop ethial behaviour in children and to create a system to assess both knowledge and morality. Number of primary, secondary and high schools: 820 • 257 schools are in Ulaanbaatar • There are 656 public, 147 privately owned GSESs.

114 https://www.legalinfo.mn/law/details/9020

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Preschool education

The Law on Primary and Secondary Education laid out the objective of preschool education as helping children develop their minds, bodies and personalities by providing an educational environment conducive to development of talents, abilities and life skills (World Bank (IBRD; IDA), 2016).115 According to MECSS, in the 2018-2019 school year, 261,400 children attended a total 1,435 kindergartens operating in Mongolia (National Statistics Office, 2019).116 Kindergartens work at maximum capacity and those kindergartens where demand exceeds capacity organize a lottery draw for places.

The age of entrance to 1st grade is now 6 years, a key factor in the kindergarten-school situation in non- urban areas. In a survey of herders by the Labour and Social Protection Research institute (LSPRI), 48.5% of herders said that setting the minimum age to study in school at 6 (compared to the previous 8 years) was the right decision, whereas 51.5% said it is was not. Even though they consider it wrong to send children to school at 6 years of age, most parents do not want their child to lag behind others or fail, so are forced to comply with this requirement.117

115 World Bank, “Pre-Primary Education in Mongolia:Access, Quality of Service Delivery & Child Development Outcomes,” Ulaanbaatar, 2016. Page 18. 116 NSO of Mongolia, “Education, Science 2018: 2018 Introduction of Mongolia Education Sector,” Ulaanbaatar, 2019. page 14. 117 Labour, Social Protection Research Institute, “Herders’ livelihood survey,” Ulaanbaatar, 2018. Page 63.

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In 2018-19, the number of children with disability enrolled in preschool education was 1,087 including 428 girls. In the 2017-2018 school year, the number reached its maximum level at 1,597. In terms of age groups, in 2018, 30.2% of all children with disability enrolled in PSE were children 5 years and under.

Kindergarten is an educational institution that supports physical, intellectual and social development of children from 2 years old up to school age through comprehensive education and activities that protect and nurture development.118 In the 2018-2019 school year, 72,200 children entered 1st grade for the first time, and of those, 70.5% were enrolled in PSE.119 In terms of children’s readiness for school, the standard of living of children enrolled in PSE before entering 1st grade was average or above. In other words, it is common for children of households with a low living standard to enter 1st grade without first having attended PSE.120

PSE is distinct from basic education, vocational education and higher education in its social at home whenever he or she wanted, has to ask the teacher characteristics. The latter are primarily educational for permission to go to the toilet once he or she enters the institutions. Only PSE has mixed characteristics of school environment, and must follow the same rules as many both educational and family institutions. Sociologist other children. Preschool education helps to avoid an abrupt Michel Foucault wrote that today’s society requires change of environment, slowly and gradually preparing the child discipline, order and regulation, and people believe It is common to enter the GSEs. these to signify being cultured and developed so for children of they accept it and force others to accept it as well households with a There is no tangible research work on the psychology of children (Foucault, 2012).121 The child who used to go to toilet trained through PSE or those raised at home before entering low living standard 118 Introduction of PSE, https://mecss.gov.mn/page/29/ school. The World Bank survey report “Pre-Primary Education 119 Ministry of Education, Culture, Science and Sports, “Short statisti- to enter 1st grade in Mongolia: Access, Quality of Service Delivery & Child cal introduction of Educational Sector in 2018-2019 school year,” Ulaanbaatar, 2019. Page 25. without first having Development Outcomes”, showed that children enrolled for 120 National Statistical Office, “Mongolia: Social Indicator Sample attended PSE. longer in PSE produce better scores in mathematics, reading and Survey 2018,” Ulaanbaatar, 2019. Page 202. 121 M. Foucault, Discipline and Punish: The Birth of the Prison, Knopf writing and stronger social-emotional development skills (World Doubleday Publishing Group, 2012.

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Bank (IBRD; IDA), 2016).122 However, readiness through PSE does not automatically lead to success in school as many factors influence outcomes, such as family background, environmental conditions, social-economic status, ethnicity and so on. There is no doubt that entering GES is a very substantial change of environment for children. There is no tangible General education research work on the psychology of As for the number of children with disability enrolled in children trained general education schools as of last 6 years, in the 2018-2019 through PSE or those school year it was 6.518 including 2.948 girls, whereas in the raised at home 2013-2014 school year, the number reached its maximum before entering level to date at 11,200. 47.7% of all children with disability enrolled in GES in 2018 were studying in Ulaanbaatar, and school. 7.8% in Khovsgol.

In the 2018-2019 school year, 5.5% (15,300) of all primary- school aged children 6-10 years of age, 7.4% (13,800) of all 11-14 years old children who were meant to be studying in secondary grades were found to be out of school.As well as children not going to school and not benefitting from quality education, there are also instances of children going to school The “Procedure to use smart phones” is followed but not benefitting from quality education. by all public schools. The government resolution was adopted banning the use of smart phones In a move to support development of education, the and similar devices by children in school and Minister of Education, Culture, Science and Sports and the The child learns how to behave, kindergarten settings from October 1, 2018.124 Government issued an order banning the use of cell phones dress her/himself, sit, hold a Ban of the use of smartphones during classes in school. Both children’s and teachers’ use of cell phones is pen, keep notes and books, has ensured that pupils‘ time at school is spent restricted.123 communicate with teachers by more effectively for learning and education at enrolling in a PSE institution before all levels. entering primary grade. Children become more open and sociable, and develop abstract thinking. 122 World Bank, “Pre-Primary Education in Mongolia:Access, Quality of Service Delivery & Child Development Outcomes,” Ulaanbaatar, 2016. Page 60. 124 Resolution of Government, about measures to take on 123 Order of Mongolian Minister of Education, 2018 school environment, https://www.legalinfo.mn/law/de- http://sbd.edub.edu.mn/Data/uploads/docs/juram%20yam20180928-a-608.pdf (Primary grade teacher of GES) tails/13638

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Monitoring content of general education textbooks is an important exercise in civil rights. There is a need to develop a team comprised of independent analysts and researchers to monitor textbooks in order to make sure that the content of all general education textbooks incorporate human rights principles. Content focused on important themes such as non- violence, gender equality, love and humanity in the textbooks are basic to education curricula and textbooks, as is ensuring that basic human rights principles, democratic values and development policies are also part of children’s education, hence the need for monitoring teams of science and human rights experts to ensure these ethical inclusions in educational materials.

In terms of children’s right to education and development, privately owned GES that share some of the burden of Mongolian education and ease government responsibility, account for 18% of all GESs. At the same time, it is noted that the high tuition fees charged by some private GESs cause social disparities in education.

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The 2019 National Volunteer Report of Mongolia noted The issue of allocation of variable costs for private schools differences in the quality of education provided by public and that charge high tuition fees, or giving subsidies to private privately owned schools (Mongolian Government, 2019).125 The schools that earn a profit was raised in the parliament as far According to Poverty Profile research report noted that children from well- back as 2014, however, has yet to be seriously discussed. While household off households tended to go to private schools from an early As of 2019, the government budget expenditure exceeds its revenue every year age.126 According to household socio-economic surveys, children and continues to operate with a substantial deficit, and budget socio-economic average monthly are increasingly affected by income poverty. 28.9% of all children wage in the cuts persist, subsidizing private schools that charge high tuition surveys, children live in poor households and these children account for 46.0% of fees only exacerbates restrictions on funds for children. are increasingly people living below the poverty line.127 education sector affected by income was 903,000 MNT. The average monthly wage in Mongolia in the 4th quarter of poverty. The private GESs with the highest tuition fees charge 100 million 2019 was 1,124,000 MNT, and the average monthly wage MNT annually. in the education sector was 903,000 MNT.128 Salaries in the education sector being lower than the national average means that there is no substantial interest in working the sector. 125 Government of Mongolia, National Volunteer Report of Mongolia, 2019. Page 23. 126 NSO, “Poverty Profile 2018,” World Bank, Ulaanbaatar, 2020. Page 39. 128 The average salary and wage is a ratio of total wages and salaries weighted by the 127 Mongolian Statistical Information Service number of employees paid in reference period.

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There is a correlation between job performance and salary The number of citizens with disability in 2019 was 107,100 and incentive, according to the value exchange theory that people‘s accounted for 3.4% of the total population. Of these, 11,610 are performance is commensurate with the level of salary incentives. 0-17 year-old children with disability. In terms of the children’s Therefore, investment is required to improve the quality of type of disability, the ratio of congenital disability is higher than education as detailed in the section on financing education. that of acquired disability. As of 2019, there were a total of The number of 1,076 children with disability enrolled in PSE and 52.0% (555 Right to Education of Children with Disability citizens with children) lived in Ulaanbaatar. A total of 6,053 children with disability in 2019 disability studied in GESs and 44.0% (2,692 children) were in Ulaanbaatar.129 In 2018-2019, 6,500 children with disability were studying in was 107,100 and general education schools, 45.0% of them girls, 55.0% boys. In 2008-2009, there were 23,969 children with disability in Mongolia, accounted for Table 14. Number of children with disability enrolled in PSE and and a decade later in 2018-2019 this number had decreased 3.4% of the total study in GESs in 2018-2019, by type of disability. to 6,518. In terms of gender ratio, in 2008-2009, 52.0% of all population. From this children with disability were girls, 48.0% were boys, and in 2018- 2019, 45.0% were girls, 55.0% were boys. Type Visual Mental Speech Autism Physical Physical Hearing Combined Intellectual Down syndrome Down Number of children

PSE 1,087 110 106 54 270 47 27 93 38 342

GES 6,518 1,638 712 958 931 956 1,323 Source: Ministry of Education, Culture, Science and Sport, 2019

The most common disability in PSE institutions and in GESs was “visual impairment”. Despite the desire of children with disability to go to school and study, inaccessible roads, public transportation, buildings, school environments and provisions in Mongolia restricts their right to study and creates conditions wherein children with disability stay “invisible” to the rest of the society and remain uneducated.130 The number of children with disability completing Grade 12 is much lower than the number of children with disability entering 1st grade.131 This is due to the

129 Mongolian Statistical Information Service 130 Government of Mongolia, “National program to support rights, participation and development of persons with disability” Ulaanbaatar, 2017-2020. Page 7. 131 Save the Children, “Child Rights Situational Analysis,” Ulaanbaatar, 2018. page 97.

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discrimination and fear felt by children with disability and thus As for children who are not enrolled in formal education, they the factors affecting these quantitative outcomes need further are provided with education services through non-formal qualitative study. education centres. In the 2017-2018 school year, there were 26 Life-long Education Centres with 326 classes operating across A person’s perceptions about abnormality in social or collective the nation, and a total of 9,291 children study in non-formal life are conditioned by how other people assess him or her. education settings, 18.5% (1,716 ) of whom are students with 132 Although there is an anti-discrimination clause in the disability. 30.9% of these students have intellectual disability and Constitution, children have the right to select their friends. 4.5% are students with multiple disabilities. 39.8% (683) study In other words, they cannot be held accountable for not at primary education level, 41,6% (714) are at basic education befriending children with disability. Therefore, changing attitudes level, 18.6% (319) are at full secondary education level.135 There in society needs to be accelerated through public education by is a need to discard the perception that people with disability social scientists and researchers able to explain the invisible are inevitably uneducated and poor. Being disabled should not prejudices that cannot be lesislated against. The rate of school serve as an obstacle to education. Special attention needs to enrollment varies with individual physical impairment and loss of be paid to the needs of these children and the prejudices and ability. According to a World Health Organization report, more discriminations that exclude them from participating in society children with physical disability enroll in schools than children must be publicly renounced and replaced with contemporary with intellectual or sensory impairments.133 In this regard, we appreciation of inclusion and recognition of the contribution of need to address the special needs of children with intellectual people with disability to society. and sensory impairments. Sign language is a fundamental means of expression for persons Textbooks have been updated to support children with disability with hearing impairment. Literacy is equally vital vital for social enrolled in schools, and in 2017-2018 four primary education communication, learning and accessing assistance, and an subject textbooks for special GESs were updated and published.134 important tool for ensuring equal access to quality education for These include: people with disability. 1. Visual Arts and Technology I-V /for pupils with intellectual disability/ Language minority children’s rights to education 2. Mathematics IV /for pupils with intellectual disability/ 3. Mongolian language V /for pupils with intellectual Basic learning ability of 7-14 year-old children disability/ As of the end of 2019, Bayan-Ulgii aimag had a population of 4. Mongolian V /for pupils with hearing impairment/ 103,870 and 24,310 households.136 The number of children with disability was 1,344.137 Reading and comprehension of simple texts is one of most basic skills that can be learned in childhood, 132 N. Smelser, Sociology, New Jersey: Prentice Hall, 1988. as much as learning mathematics in primary school is essential 133 WHO, World Disability Report, page 8. https://apps.who.int/iris/bitstream/handle/10665/70670/WHO_NMH_VIP_11.01_ for future study and higher level maths. mon.pdf;jsessionid=271CEC82724724B29DF51BF2AB46D2BD?sequence=61 135 Ibid, page 38. 134 Ministry of Labour, Social Protection, “Issue of Person with disabilityPeople with 136 Statistical Department under Bayan-Ulgii Aimag Governor, Number Of Population disabilityPeople with disability: Policy, activities”, Ulaanbaatar, 2017. page 37. and Households 2019, http://www.bayan-ulgii.nso.mn/ http://www.hudulmur-halamj.gov.mn/uploads/files/20180514_02.pdf 137 Statistical Department under Bayan-Ulgii Aimag Governor, Some Social Indicators 2019 124 125 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

The lack of distribution of textbooks in Mongolian language for ethnic minority children has remained an issue. According to the NSO’s 2018 “Social Indicator Sample Survey”, 61.6% of all 7-14 year-old children learned basic reading and Due to language comprehension skills and 51.5% learned basic math skills. The issues, learning lowest figures were basic reading in the Western region at outcomes have 37.4% and basic math skills in Ulaanbaatar at 43.9%. The low deteriorated. percentage of reading and comprehension skills in the Western region was due to the low rate of 10.0% in Bayan-Ulgii aimag where Kazakh language is spoken. This indicates that due to language issues, learning outcomes have deteriorated.

Ethnic minority groups of Tuva and Kazakh living alongside the Khalkh speak minority languages, and among them there are other children from households that moved to Bayan- Ulgii aimag from abroad, from Ulaanbaatar or from another aimag whose Khalk Mongolian or international language is a minority language in Bayan-Ulgii. Therefore, the minority language issue is not only relevant to the ethnic minority groups but it is an issue that relates to the nation’s majority groups as well.

Bayan-Ulgii aimag is a frontier region in terms of geography and its population has special cultural, historical and language origins. The National Auditing Authority’s Financial Report found that the aimag violates children’s rights to education, to develop and participate through financial overspending million MNT worth of old, non-useable assets and recorded it as follows: violated article 3 of procedure “approval of mean in financial statements. However, it did not appoint a disposition norm of food costs“approved by Resolution No.106 of the commission, and no order or decisions on asset disposition Government in 2016, and exceeded normal daily food costs were made and documented. of dormitory children and illegally spent 89.6 million MNT over budget; paid out 7.9 million MNT for two employees of These facts demonstrate the need to control financial the kindergarten in Bayannuur soum during a non-working overspending in accordance with the law, and to carefully revise period by decision of court, and spent the budget for expenditure during the budget approval process. Illegal spending inappropriate purposes which caused 5.9 million MNT debt of budgets should be corrected and appropriately spent on at year’s end; kindergarten in Bulgan soum disposed of 8.9 children’s education and development.

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Children of herders

In the school year 2018-2019, 114,200 children from herding households attended general education schools and 25.1% of all herders’ children live in school dormitories.

The Labour and Social Protection Research Institute conducted its 2018 survey “Livelihood of Herders”, covering 1,050 households (4,080 persons) in 8 aimags and 24 soums as well as Ulaanbaatar engaged in livestock animal farming. Based on the assumption that the average household had two parents and two children, the following emerged in relation to enrollment of children and adolescents in educational services. 98% of the 425 6-15 year-old herder children surveyed had enrolled in school. In terms of geographic location, 100% of herder children surveyed in Ulaanbaatar were enrolled in secondary school and 2% of herder children in aimag and soum centres were not enrolled in school. In terms of the gender ratio of children not enrolled in schools, all were boys. When asked why these 6-15 year- old children were not going to school, respondents said that 25% were sick or had a disability, 16.7% because they were needed to help with animal husbandry, 16.7% because the children had no interest in studying, 16.7% because they were younger than school age by a few months, 8.3% because parents had no desire to send their children to school, 8.3% because of financial incapacity, 8.3% because of other reasons.

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Child protection in Educational setting

It is a positive sign that the Child Protection Policy for GESs was approved during the analysis period. Also, in compliance with the Laws on Child Protection, Crime Prevention, and Traffic Safety, the “School Police” or school patrol has been working in cooperation with the Ulaanbaatar Metropolitan Police and Ulaanbaatar Education Department, and the collaboration is proving to be effective.The patrol monitors violence in schools such as boys’ fights, criminal actions and others events that could harm the interests of children in school precincts. Kindergartens or GES can be held to account if they do not mobilize the parents’ school patrol.

Another safety concern not addressed by School Police or school regulations is businesses offering products and services within the proximity of schools. Fast food outlets selling imported and unlabeled candies, fruits and food products close to schools are currently unregulated although these goods could harm children who purchase them.

Pupils are not only subject to physical violence and bullying. As technology rapidly develops, they are increasingly becoming targets of cyber bullying, experiencing stresses related to teachers threatening public disclosure of low grades, being stigmatized or “labelled” by others, and being affected by inequalities.

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Assessments of children’s grades need to be objective appraisals Sociologist Ivan Illich wrote that school functions as a of their competence rather than subjective evaluations. Teachers’ caretaker institution where children are protected from “street assessments must take account of the whole class, not favour influences” and loss of integrity from early childhood until or diminish others, and must stick to the principles of equality they take up employment.139 In Mongolia, children working as to build children’s positive experiences of the education system. jockeys in accordance with custom, culture and tradition leads Maintaining confidentiality of children’s grades is essential to to their dropping out of school and is also a harsh form of respecting children’s rights and therefore, teachers should share child labour. During the national Naadam Festival in July 2019, students’ grades privately with children and parents. 651 child jockeys participated in the 9-age- group horse races. Entrance to Only half of them were insured. During the horse races, 36 vocational schools Another assessment issue is the concept of “red line”. Pupils The schools and children fell off their horses, 15 children were mildly injured and once pupils were graduating from 9th grade who are assessed to be under the teachers play an immediately treated, and 1 child was delivered to the National assessed to be “red line”, have a choice of going to vocational training or important role Trauma and Orthopedic Centre with their legal guardian, the 140 below the “red transferring to another GES to continue their studies. This has in ensuring that other 35 were handed back to their trainers and guardians. led to public perceptions of vocational education as inferior and the ban on child Because of the physical risks to child jockeys during winter line” created a to be avoided. The government is taking measures to fix this and spring races, and risk of their dropping out from their discriminatory misconception and to support vocational schools. For example, jockeying in the education, the school and teachers play an important role in system and social the Prime Minister’s Scholarship has a policy of supporting a colder months is ensuring that the ban on child jockeying in the colder months stigma. certain number of students getting a vocational education. These upheld. is upheld. students do not have to meet strict grade equirements to be eligible for the scholarship. This preferential treatment means Because of the COVID-19 pandemic, which started in the 1st there are more scholarships for vocational students than those quarter of 2020, Mongolia imposed quarantine restrictions on available to university students. According to the 2020 budget, educational institutions. With more people staying at home, the scholarship stipends for students of vocational schools will be number of crimes related to domestic violence rose by 46.92% doubled and students will rececive 200,000 MNT each month.138 in the 1st quarter of 2020 compared with the 1st quarter of Entrance to vocational schools once pupils were assessed to be 2019.141 This demonstrates the function and value of schools in below the “red line” created a discriminatory system and social child protection as well as education. stigma for those pupils with lower grades.

139 I. Illich, Deschooling Society, Harmondsworth, 1973. 140 Ulaanbaatar City Department of Family, Children and Youth Development 138 Ministry of Finance, “Public Budget 2020: General Draft Budget of Mongolia,” Agency, “2019 Activities Report,” Ulaanbaatar, 2020.Page 16. Ulaanbaatar, 2020. Page 36. 141 Protection Cluster Situation Report (16 April 2020)

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Investment in education

Mongolia spent 92 billion MNT on education in 2000, 522 billion MNT in 2010, and over the following decade, funding for the sector increased 5.7 times. From 2014, expenditure grew to 1.4 trillion MNT by the 2018-2019 school year. A breakdown of state expenditure in 2018-2019 school year showed 322 billion MNT for preschool education, 651 billion MNT for general education, 76 billion MNT for vocational education, 135 billion MNT for higher education (100 billion MNT for national students studying for higher education, 0.9 billion MNT for foreign students studying in Mongolia, and 26 billion MNT for Mongolian students studying abroad). 142

A “Review of the Education Sector” concluded that educational financing policy is not ensuring equality, but slowly widening disparity. This is linked first with large state financing for 31 special schools, and secondly, with state financing of the variable costs of private schools.

The 31 schools covered by the Cambridge Program (an international primary/secondary school program adopted by 30 countries) have higher standards than all General Education Schools, for example, bilingual teaching and a reliable supply of materials. The salaries of teachers working at these schools are 30.0% higher than GES salaries, and the availability and quality of educational aids and equipment is superior. As these 31 schools receive more funding, and the balance of state expenditure is divided between the remaining public schools, there is a significant disparity beween the funds 142 NSO, “Main Indicators of Higher Education, Analysis of Factors that Affect It,” Ulaanbaatar, 2019. Page 20.

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spent per student in the two programs.143 Only 2.0% of all pupils study under the Cambridge Program, an investment made possible by reducing the advantages available to the other 98% of school students.

According to According to general education results, rural students achieve general education lower grades than urban pupils, highlighting the need to increase results, rural funding and expenditure in rural schools. students achieve lower grades than Mongolia was committed to spending a minimum of 20.0% of urban pupils. its national budget on education in compliance with the Oslo Declaration. However, in 2019 expenditure on education accounted for 15.3% of the national budget, 547,000 MNT per person.144 This was low in comparison with developed countries but higher than other developing countries. With the population increasing annually, it is important to ensure that investment in the education sector does not fall further behind.

Sub-section Conclusion

Socio-economic class differences also lead to disparites in children’s education. Household investment in children’s education varies according to their incomes. Private kindergartens and schools charging high tuition fees need to be limited and PSE and GES should be made widely avaialble to reflect the concepts of Those who disseminate education tend to prefer the private equal rights outlined in the Constitution. Because differences in sector, and those who benefit from education tend to prefer the economic capital lead to disparities in cultural capital, distribution public sector. This trend is directly related to financial capacity of assets need to be carefully managed. in each sector. However, as Mongolia is party to a number of international conventions and treaties on Human Rights that call for free basic education for all, financial status should not be the deciding factor in determining levels of education and wellbeing145 for each child. Qualitative research is needed to augment existing statistical research on education. Independent 143 Mongolian Education Alliance NGO, “Review of Education Sector,” Page 20. 144 NSO, Expenditure on Education Sector, 2019 research on the challenges and problems faced by the sector http://1212.mn/tables.aspx?tbl_id=DT_NSO_2002_055V1&A1_select_ could make a significant contribution to gaining a comprehensive all=1&A1SingleSelect=&YearY_select_all=0&YearYSingleSelect=_2019_2018_201 7_2016_2015_2014_2013_2012&viewtype=table 145 Well being

136 137 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA understanding of how the system is working at the macro level and the implementation of equitable services based on child rights principles at the micro level.

The right of children with disability to education and development serves as a positive means of gaining social acceptance for them. However, it has been observed that there is a strong perception that the concerns of children with disability are only the domain of certain segments of society. This makes it impossible to monitor inefficiencies of authorities that should make opportunities available to children with disability. Therefore, public participation and multilateral cooperation and support is needed to ensure that the rights of children with disability are realised. HEALTH

According to the 2018 Health Indicator Data of the NSO, diseases of the digestive system, trauma, injuries, and diseases of the skin and subcutaneous tissues increased among children under 5 and age groups 5-9, 10-14, 15-19 years. The majority of cases of diseases per 10,000 children under 5 were attributed to non-infective gastroenteritis and colitis at 422.7, tooth decay at 305.0, diseases of oral cavity, salivary glands and jaws 171.6. The leading cases of disease per 10,000 of children between 5-9 years of age were tooth decay at 625.1, diseases of oral cavity, salivary glands and jaws at 622.4.146

138 139

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Maternal and child health and mortality In the first 3 months of 2020, 18,530 mothers gave birth, 295 births or 1.6% higher than the same time in the previous year. In the first three months of 2020, there were 18,663 live births 13,839 or 74.7% of the mothers who gave birth underwent across the nation, an increase of 311 children or 1.7% more than prenatal check-ups at least 6 times during their pregnancy. at the same time in 2019. The birth rate per 1,000 population was Delivery by surgical procedure accounted for 26.5% births, 5.9. 889 infants, 4.8% of total live births, weighed less than 2,500 33.1% had birth complications, and 66.9% delivered without any grams, 163 (0.9%) had birth defects or abnormal development. complications. The percentage of children who suckled within 1 hour of birth was 96.4%. Premature births per 1,000 live births were 64.5. Fetus malformation during pregnancy Stillbirths per 1,000 birth were 5.4. 2018 research on “the detection of serious fetal heart defects In 2019, there were a total of 78,223 live births, an increase of during the first 3 months of pregnancy”in the PhD Thesis by 696 or 0.8% compared to the previous year. 3,415 or 4.3% of all Dr.Sh.Altantuya registered on the Science and Technology live births weighed less than 2,500 grams. database was conducted between 2015 and 2017 covering 381 pregnant women aged 19-44-years in the 110-136 days of their Table 15. Maternal and Child health indicators pregnancies. The pregnant women were selected by the random Number Child born Birth weighing Live Still Maternal sampling method. Year of mothers with birth less than 2500 births births mortality gave birth defects gram According to the research findings, 2.0% of the fetuses were 2017 73,884 74,328 451 20 433 3,437 detected to have major cardiac abnormalities based on superior 2018 77,058 77,527 438 21 533 3,421 vena cava and aorta arch three-vessel assessment by pulsed 2019 77,734 78,223 405 21 620 3,415 As of first 3 months 18,830 18,663 101 11 163 889 of 2020 Antenatal care and birth147

In the first 3 months of 2020, 20,981 pregnant women were registered at antenatal care services across the nation. Of them, 88.8% were registered at antenatal care service during the first 3 months of pregnancy, 10.3% attended prenatal care in the 4th to 6th months of pregnancy, 0.9% attended the service after 7 months. 97.6% of the pregnant women receiving antenatal care had undergone general blood testing and, of these, 3.7% were anaemic.

147 Mongolian Statistical Information Service

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and colour Doppler ultrasound. 7 (87.5%), of the major fetal cardiac abnormality diagnoses were validated by fetal cardiac ultrasound at 20-24 weeks of pregnancy, 2 (25%) by postnatal cardiac ultrasound screening and 3 (37.5%) were validated by defect screening (Altantuya, 2018).

Diseases of pregnant women

In 2019, 77,584 pregnant women tested for syphilis and of these, 1,528 (1.9%) tested positive.148 71,839 pregnant women were tested for gonorrhea and 305 (0.4%) tested positive.149 In 2019, 72,200 pregnant women were tested for trichomonias and 1,300 (1.8%) tested positive.150 In 2018, 50.9% of pregnant women had X-ray exams for under medical specialists’ supervision. 4.7% of births were mothers Tuberculosis and 31 or 0.07 tested positive. 151 under 20 years of age and 16.7% were over 35 years of age. Calculation of the special birth coefficiency showed that in 2018, there were 92 Health care services during birth and delivery births per 1,000 women of reproductive age.153

In 2019, 77,601 mothers gave birth in Mongolia, 543 or 0.6% higher than Post-delivery health care services in 2018. By the end of 2019, 25.9% of mothers had been delivered by caesarian section, 31.4% gave birth with complications, and 68.6% had According to health statistical data of 2018, 87.5% mothers who no birth complications. In 2019, 31.3% of all births were in Ulaanbaatar were under prenatal care received maternal care within 42 days of maternity wards and 27.5% were in aimag polyclinics, 16.5% at the birth, and 65,064 cases of complications during pregnancy, birth and National Centre for Maternal and Child Health, 12.6% in Regional post-delivery, or 844 per 1000 live births, were registered. In 2018, a Diagnostic and Treatment Centrse, 4.8% in soum, intersoum or village total of 49 cases of congenital syphilis were registered. Of pregnancy clinics, 1.8% in district polyclinics, and 0.3% were home births.152 Most complications, 25.2% were pre-eclampsia and 0.1% were epileptic, and of all births were at health institutions. 0.3% of all births were delivered of birth complications 31.4% were primary and secondary weaknesses at home and home births had a risk of child mortality. in birth strength, and of post delivery complications, 75.3% were late bleeding.154 Birth frequency Maternal mortality In 2018, 26.9% of all births were first time births, 50.8% were births with a minimum 3 year spacing between births. 99.8% of all births were In the first 3 months of 2020, 11 cases of maternal mortality were 148 Health Development Center “Health statistical information as end of 2019”, page.12 155 149 Health Development Center “Health statistical information as end of 2019”, page.12 registered, 4 cases more than the same time in the previous year. 150 Health Development Center “Health statistical information as end of 2019”, page.12 153 Health Development Center “Health statistical information as end of 2018”, page.40 151 Guideline to provide comprehensive development assistance for differently-abled children, 154 Health Development Center “Health statistical information as end of 2018”, page.43 2018 155 Health Development Center “Health statistical information as first 3 months of 2020”, 152 Health Development Center “Health statistical information as end of 2019”, page.4” page 3

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At the end of 2019, 18 cases of maternal mortality were registered and there were 23.0 per 100,000 live births. This is 3 cases fewer than in 2018 or 4.1 per 100,000 live births. Maternal mortality cases were registered in Arkhangai, Dornod, Uvurkhangai, Sukhbaatar, Selenge, Khovd aimag, National Centre for Maternal and Child Health, Khuree maternity ward, National Institute of Forensic Science (NIFS), each with 1 case, 2 cases were registered in Urguu maternity ward, Khuvsgul aimag, and 5 cases in the Third State Central Hospital.156

Births among adolescent girls

According to the “Mongolia Social Indicator Sample Survey, 2018”, there were 40 births per 1,000 girls aged 15-19 years, 35 births per 1,000 girls in urban areas, and 70 births per 1,000 girls in rural areas.157

Infant health

In 2018, the percentage of active health monitoring of infants under 2018, 1,037 cases of infant mortality were registered, 13.3 per 1,000 live 1 year of age was 84.7%, and for 1-5 years old children, it was 69.3%. births and 64.8% of these occurred during infancy. Infant mortality was 25,874 cases of infant sickness were registered and this accounted for 8.7 per 1,000 live births of the 672 registered cases of infant mortality, 33.3% of live births. Some conditions originating during the prenatal 486 (72.3%) were in early infancy during the first 0-6 days of life, and period included birth asphyxia at 5.6%, and infant jaundice at 52.2%. The 186 (27.7%) were during the first 7-28 days of life. 58.0% of infant leading abnormalities among the 3,868 registered cases of congential mortalities under 1 year of age were male, and 42.0% were female.159 abnormalities of children under 1, included 26.4% with abnormality of the cardiovascular system, 10.6% with abnormality of the urinary Causes of infant mortality system, 9.8% with cleft lip and palate, 4.4% were abnormality of the digestive system, and 6.0% with hip dysplasia.158 According to research on the causes of infant mortality in 2019 commissioned by the Ministry of Health, in 2018 19.7% of infant Infant mortality mortalities occurred at home or in non-hospital environments and of these, 26.5% were caused by diseases of the respiratory system, At the end of 2019, 1,041 cases of infant mortality were registered in and 24.5% were accidents and injuries. 55.1% of infant mortality cases Mongolia, 13.3 mortalities per 1,000 live births. There were 4 cases caused by congential abnormalities occurred during the first 37 weeks more than in 2018, but a decrease of 0.1 mortalities per 1,000 live of their life.160 births. 56.0% of infant mortalities were male, 44.0% were female. In 156 Health Development Center “Health statistical information as end of 2019”, page 3 157 NSO, UNICEF “Mongolia – Social Sample Survey – 2018 infographic”, page.18 159 Health Development Center “Health statistical information as end of 2019”, page 7 158 Health Development Center “Health Indicator 2018” 160 Ts.Amarjargal “Causes for Infant Mortality 2019”

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Figure 2. Mortality causes of children aged from 29 days to 5 years of age, 2018

120 98 100 88 90 80 74 62 60 40 40 41 40 26 16 20

0 Disorder in Neurological Injury Congenital Pnemonia infancy disorder disorder

29 days to 1 up to 5 years of age of age, who accounted for 70.9% of the pneumonia patients. Source: Causes for Infant Mortality 2019 After pneumonia, acute bronchitis and acute bronchiolitis are prevalent. In 2018, these diseases accounted for 15% of overall Mortality of infants and children under five respiratory system disease cases, reaching 77.6% of child patients under 5.162 In 2018, 326 children between the ages of 0 and 15 In the first 3 months of 2020, 278 cases of children under five were sick with tuberculosis. were registered, which is 14.9 per 1,000 live births. This is 39 87.7% of all cases or 2.4 cases per 1,000 live births, a decrease on the same According to the NSO’s 2019 research on “Air Pollution and mortality cases period of the previous year. 87.7% of all mortality cases were Health Concerns in Ulaanbaatar”, the pneumonia prevalence were caused by caused by diseases, 12.3% were caused by injuries from accidents rate per 10,000 children under 5 years of age in Ulaanbaatar diseases, 12.3% injury. The leading causes of child mortality were 40.4% from had been rising throughout the previous decade. In particular, were caused by diseases originating during the prenatal period, 14.1% from the rate hit 1,808 in 2018, respectively 1.4 and 1.9 times higher respiratory system diseases, 16.2% from birth defect and injuries from than five and ten years prior. The data recorded the highest rate abnormal development disorders, and 12.3% from accidents and in 2018 at 1,808, and the lowest in 2009 at 692.163 accidents injury. injuries.161 Reproductive health problems caused by air pollution or Air pollution premature birth per 1000 live birth was 81 in 2018. The number of births with congenital abnormality per 1000 live birth was 6 Pneumonia is the leading cause of respiratory disease among in 2018 (NSO, 2019). Ulaanbaatar residents, making up 20.2% of the total patients in

2018. This figure increased dramatically in children under 5 years 162 NSO “Air pollution and health concerns in Ulaanbaatar”, 2019 161 Health Development Center “Health statistical information in the first 3 months 163 http://1212.mn/BookLibraryDownload.ashx?url=UB_health_airpolution_2019. of 2020”, page.9 pdf&ln=Mn

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Communicable diseases Mental health

In 2018, a total of 2,876 cases of hand, foot and mouth diseases The Ministry of Health runs a 24 hour hotline 1800-2000 to were registered at the national level, 9.1 per 10,000 population. counsel people suffering from mental health issues related to Children under 5 years of age accounted for 80.4% of all cases anger, frustration, insomnia, anxiety, depression, suicidal thoughts, and of these, 29.2% were children that went to kindergarten, addiction, drugs, and violence, and in 2019, the hotline received 64.5% were children that stayed at home. In terms of gender, In 2019, the 3,231 calls, including 243 from children. This hotline offered 164 57.1% were male, 42.9% were female. hotline received an opportunity for people suffering from mental issues to get help. One-window service for victims of domestic violence at There were 319 cases of the mumps, 1.0 per 10 000 population 3,231 calls, the National Trauma and Orthopedics Research Centre and the nationwide. People from all age groups were sick with mumps, including 243 adolescent clinic at the National Centre for Maternal and Child including 1-9 year-old children who accounted for 63.6% of from children. Health provided medical and psycho-social protection services total cases. 44.5% of all cases went to school, 21.9% attended for 128 children under 16 years of age, victims of domestic and kindergarten.165 sexual violence.168

8,130 cases of Varicella were registered, 25.6 per 10,000 Cancer population. 78.6% of cases were 0-9 years old children, and of these, 54% were 2-4 year-old children. Kindergarten and school In 2018, 109 children in Mongolia had cancer, of these, 55.9 (62) children accounted for 68.3% of all cases.166 were boys, and 44.1% (48) were girls. Cancer cases per 100,000 children by age groups showed 11 cases among children under In 2018, a total of 992 cases of scarlet fever, 2.9 per 10,000 5, 6 cases among children 5-9 years, 10 cases among children 10- population, were registered, and of these, 0-9 year -old 14, and 8 among children 15-19 years of age. The leading types of children accounted for 87.2% of cases. 41.7% of all cases were cancer cases in children are lymphoid leukemia and neurological kindergarten children, 23.6% were school children, and 31.1% cases. A total 59 children died of cancer and of these, 0-4 year- children who stay at home.167 “The role of vitamin D in prevention old children were 28.8%, 5-9 year- old children were 28.8%, 10- of tuberculosis in school age children ” research was completed 14 year-old children were 23.7%, and 15-19 year- old children between 2015-2019. were 18.6%169.

164 Health Development Center “Health Indicator 2018” page.72 165 Health Development Center “Health Indicator 2018” page.75 166 Health Development Center “Health Indicator 2018” page.77 168 Official letter no. 1A/805 of the Ministry of Health dated February 17, 2020 167 Health Development Center “Health Indicator 2018” page.78 169 Health Development Center “Health Indicator 2018” page.87

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Accidents and injuries

According to the annual report on “surveilance of accidents and injury” produced by the National Trauma and Orthopedics Research Centre, 1 out of every 3 injured persons in Mongolia is 0-15 year-old children. 2,920 mortality cases caused by accidents and injuries were registered and of these, 375 were 0-19 year- old children.

Table 16. Mortality cases caused by accidents and injuries170 Age Leading causes of mortality– 2018 groups I II III IV V 0-4 years Traffic Asphyxia Burns - Drowning old accidents Fall - 11 - 55 25 - 25 /n=178/ - 30 5-9 years Traffic Drowning Poisoning old accidents Burns - 8 Fall - 5 - 11 - 4 /n=48/ - 12 Impact 10-14 Traffic Suicide Drowning of blunt years old accidents Burns - 2 - 11 - 6 mechanical /n=46/ - 10 force- 5 15-19 Traffic Suicide Poisoning Drowning Violence years old accidents - 42 - 12 - 6 - 5 /n=103/ - 25

Injuries caused by violence

In 2018, 17,844 cases of injuries caused by violence were registered and accounted for 12.5% of total accidents and injuries. Cases arriving at hospital because of injury were 57.2 per 10,000 population and of these, 486 or 4.5% were 0-15 year- old children.171

170 Surveillance of accidents and injury report 171 NTOC “Surveillance of accidents and injury report 2018”, p.30

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FOOD AND NUTRITION

Iodine deficiency

Iodine is an essential mineral for the thyroid gland to make thyroid hormones which help metabolism, fetal and infant growth and brain development. Iodine is found in large amounts in seafood such as ocean fish, seaweed and in very small amounts in dairy, cereals and eggs. The “Mongolia Social Indicator Sample Survey-2018” tested the iodized salt consumption of the 13,798 households surveyed, and of these 75.1% used iodized salt, 0.7 had no salt, and 24.2% had non-iodized salt (0 mg/kg). In terms of the iodine content, 16.9% had iodized salt (1

Overweight and obesity

“Mongolia Social Indicator Sample Survey-2018” conducted jointly by NSO and UNICEF in 2018 covered 13,798 households, including 6,091 children under 5 years of age and 7,427 children between 5-17 years of age. Of these, 10.5% of children under 5 were overweight.173

Physical growth and development

In the first 3 months of 2020, 513,183 child under 5 years of age were enrolled in physical growth and development monitoring and of these, 0.25% were thin or stunted, 0.19% were underweight, 0.27 had growth delay or wasting.

172 NSO, UNICEF “Mongolia – Social Indicator Sample Survey – 2018”, page 192 173 NSO, UNICEF “Mongolia – Social Indicator Sample Survey – 2018 Infographic”, page.11

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The “Physical Measurements of Mongolian Children” survey Table 17. Average physical ratio of Mongolian children, cm174 was done by the Costume Research Centre between 2017- Height-Chest size-Waist, cm Age 2019 under the Mongolian University of Science and Technology, Boys Girls commissioned by Government of Mongolia and MoFALI, and 6 years old 116-56-51 116-56-48 funded by ADB grant in order to develop standard physical 7 years old 122-60-54 122-60-51 dimensions of children for production purposes.The project 8 years old 128-64-57 128-60-54 used invasive and non-invasive 3D body scanning to take 9 years old 134-64-57 134-64-57 anthropometric measurements of a random sample of 9,012 10 years old 140-68-60 140-68-57 pupils in Tov, Khovd, Dornogobi, Orkhon, Dornod, Sukhbaatar 11 years old 146-72-63 146-72-60 aimags and Ulaanbaatar. Survey findings were processed using 12 years old 152-76-63 152-76-63 mathematical statistical calculations to develop the ”Physical 13 years old 158-76-66 158-80-63 ratio standards, MNS 2019” and the “Classification of physical 14 years old 164-80-66 158-80-66 shape of 6-18 years old boys. Physical ratio. MNS 2019” standards. 15 years old 164-80-66 158-80-92* 16 years old 170-84-69 158-84-92* 17 years old 170-84-72 164-88-92*

Highlights of the survey findings can be seen below: • Based on physical height, developed 15 classifications of boys’ physical ratio and 12 classifications of girls’ physical ratio to determine mean physical shape. • Maximum height of boys is 190-197 cm and the tallest girls are 170-176 cm and they are in Ulaanbaatar and Orkhon aimag. • Among girls, the shortest pupils in 1st grade are in Ulaanbaatar and the tallest are pupils of Tov aimag. Spinal curvature was observed among girls starting from 3rd grade but they reached the same height in 3rd to 5th grades. Children grew unequally in 5th to 8th grades, but evened out in 9th to 11th grades. In senior grades, girls in Dornogobi and Orkhon aimags grew tallest. • Among boys, the boys in Khovd aimag were shortest and boys of Ulaanbaatar, Orkhon and Tov aimags were tallest. In 1st to 5th grades, they grew equally and from 7th to 9th grade grew unequally. Spinal curvature was observed

174 MoFALI “Introduction to Survey on the Physical Ratio and Measurements of Mongolian Children” 2019

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from 3rd grade and changes in physical shape started from 6th and 7th grades. Spinal curvature improved in senior grades, perhaps because of strengthening of muscles and body.175

Immunization

WHO child immunization recommendations call for Tuberculosis, Diphtheria/Tetanus/Whooping Cough, Hepatitis B, Haemophilus Influenzae B, Pneumococcal Disease, Rotavirus and Rubella vaccinations for each child. In 2018, immunization of children under 1 year was as following: BCG vaccination against tuberculosis at birth was 98.4%, Poliomyelitis vaccination was 98.6%, Hepatitis B vaccination was 98.6% and the five-in-one vaccine coverage was Drinking water and water supply 99.5%. (NSO, 2019). This showed that parents were aware and very actively engaged in child immunization campaigns. According to the 2018 report on the visit to Mongolia by Leo Heller, UN Special Rapporteur on the Human Rights to Safe Reproductive health Drinking Water and Sanitation, the Water Supply and Sewerage Authority of Ulaanbaatar operated more than 600 water kiosks According to the results of the “Mongolia Social Indicator in ger districts. Sample Survey-2018”, involving 2,390 women of 15-24 years of age, 48.7% had sexual intercourse, and 0.7% of these before they As almost 60% of the population of Ulaanbaatar, approximately were 15. Of the 1,042 15-24 year-olds in the survey, 58.8% had 200,000 households, lives in the ger areas where the average sexual intercourse, and 4.9% of these had sexual intercourse ratio of 1 kiosk for more than 300 households is not sufficient before 15. 1% of all respondents became a father at the age (Heller, 2018). In the “Mongolia Social Indicator Sample Survey, 1% of the survey of 15-19 years, and 0.3% (586) had become fathers before 15 2018”, 82.5% used improved drinking water sources and were respondents years of age. 10,794 women and 4,447 men aged 15-49 years connected to infrastructure that had water sources accessible became a father participated in the survey and in terms of knowledge about on the premises. HIV, 23.3% of women and 23.1% of men had comprehensive at the age of knowledge about HIV.176 In terms of comparisons between rural areas and the capital 15-19 years. city, 95.4% in Ulaanbaatar had access to improved drinking water, 93.4% in aimag centres, 74% in soum centres, and 47.2% in rural area.

175 MoFALI “Introduction to Survey on the Physical Ratio and Measurements of In terms of percentage of household population at risk of faecal Mongolian Children” 2019 contamination based on E.coli detected in source drinking water, 176 NSO, Unicef “Mongolia – Social Indicator Sample Survey – 2018”, page.121-122

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research on the implementation of standards in the environment, engineered infrastructure, and condition of roads of the capital city within the framework of ensuring citizens’ rights to health and safety. The team, comprised of 54 members, conducted their research in 152 khoroos of the 9 districts of Ulaanbaatar, resulting in a total of 5,423 safety violations being registered.179

Figure 3. Number of safety violations in the capital city

1200 1124 987 1000 908 771 800 651 600 540

400 169 190 200 83

the risk level based on the number of E.coli per 100 mL (< 1 per Nalaikh Bayangol Baganuur Khan-Uul Chingeltei Sukhbaatar Bayanzurkh 100 mL) 84.0% were low, 6.0% were moderate (1-10 per 100 Bagakhangai

mL), 5.1% were High (11-100 per 100 mL), and 4.9% were at Songinokhairkhan very high risk (100 > 100 per 100 mL).177 Source: Ulaanbaatar.mn Sanitation facility Figure 4. Safety violations in the Capital, by type

69% of all households surveyed under “Mongolia Social Indicator Safety violations in the Capital city, by type Sample Survey-2018” used improved sanitation facilities and used them privately. In terms of comparison between Ulaanbaatar and Pedestrian road maintenance and use 25 rural areas, 78.1% were in Ulaanbaatar, 78.5% in aimag centres, Engineering works 21 62.8% in soum centres, and 40.7% in rural areas.178 Damage of roads and exits/entrances 11.5 Loose dirt soil 8

School and KG maintenance 7 Safety Safety of building surroundings 5.4 Littering 4.8 In 2018, the Mayor of Ulaanbaatar ordered the formation of a Bus station 4.1 team of 54 persons mandated to conduct general inspections and Advertising 3.1 Other 10.4 177 NSO, Unicef “Mongolia – Social Indicator Sample Survey – 2018”, infographic”, 0 5 10 15 20 25 30 page.5 178 NSO, Unicef “Mongolia – Social Indicator Sample Survey – 2018”, infographic”, 179 5,423 violations of citizens comfort and peace - http://www.ulaanbaatar.mn/Home/ page.5 newsdetail?dataID=41562

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Children between 1 and 5 years of age Figure 6. Mortality causes of children between 1-5 years of age

As of 2018, the leading causes of child morbidity were 2.5 6.5 respiratory diseases (49.8%), disorders of the digestive system Disorders occurred during prenatal stage (10.4%), conditions originating during the perinatal period (8.4%), 10.5 diseases of the nervous system (6.1%), and diseases of the skin Congenital birth defects and subcutaneous tissues (6%). Respiratory diseases 16.6 55.3 Figure 5. Morbidity of children between 1-5 years of age Injury, poisoning and other externally caused diseases

6 Communicable diseases Respiratory system diseases 6.1 Digestive system diseases

8.4 Disorder occurred during Morbidity and mortality causes of children between prenatal stage 5-19 years of age 49.8 10.4 Diseases of the nervous system In 2018, the leading cause of morbidity among children aged Skin and subcutaneous 5-19 years in Mongolia was diseases of the digestive system. In tissues terms of mean causes, digestive diseases accounted for 24.6%, respiratory diseases accounted for 2.4%, and diseases of the skin and subcutaneous tissues accounted for 11.3%. At the end of 2019, 1,263 cases of mortality of children under 5 years of age were registered which represented 16.1 per 1,000 In digestive diseases of 5-19 year-old children, diseases of the live births. In comparison with 2018, this figure was lower by 47 oral cavity, salivary glands and jaws were 35.9%, tooth decay was cases at 0.8 per 1,000 live births. 87.7% of all mortality cases 34.0%, and in respiratory diseases, 20.1% were acute tonsillitis were caused by diseases, 12.3% were caused by accidents and or inflammation of the tonsils, and 13.4% were acute bronchitis. injury. Conditions that originated during the perinatal period Inflammation of the tonsils suppresses human body immunity accounted for 43.2%, respiratory diseases accounted for 13.2%, and resistance. congenital birth defects and abnormalities accounted for 14.8%, 180 and accidents and injuries accounted for 12.3%. Diseases of skin and subcutaneous tissues, which are the 3rd leading cause of morbidity of 5-19 years old children, Methicillin- resistant Staphylococcus aureus (MRSA) accounted for 29.1%, and skin allergies accounted for 16.7%.181

180 Health Development Centre “Health statistics as of first 3 months of 2020”, page.9 181 NSO “Introduction of Health Sector”, page 26

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Table 18. Morbidity cases of 5-19 year-old children 2. The National Program for Environmental Health aims to Causes of morbidity 5-9 10-14 15-19 provide 0-1 year-old infants of regions with high levels Diseases of digestive system 28.8 24.2 21.0 of air pollution with pneumococcal vaccine to reduce Diseases of respiratory system 28.6 23.7 14.8 pneumonia in children under 5 years of age (National Diseases of skin and subcutaneous tissues 9.5 11.8 12.6 program on environmental health, 2017). Injury, poisoning and other externally 7.4 10.9 11.1 caused diseases 3. The National Program to Combat Non-communicable Diseases of eye and associated organs 4.6 5.2 4.1 Diseases plans a social welfare fund to subsidise free Diseases of the ear and mastoid process 4.2 3.6 2.5 spectacles for children in households that require social Diseases of the genitourinary system 4.1 5.5 9.9 support and assistance (National program to combat Infectious and parasitic diseases 3.2 2.0 3.7 non-communicable diseases, 2017). Diseases of nervous system 2.5 4.2 5.8 4. The National Program Maternal and Child Health and Diseases of the musculoskeletal system 0.8 1.7 2.3 and connective tissue Reproductive Health focuses on maternal and child health, reproduction issues and planned activities to prevent In 2018, the leading causes of child and adolescent mortality child mortality, like provision of essential healthy food. It were injury, poisoning, externally caused conditions which also notes the need to improve the legal environment of accounted for 50.2% of deaths, diseases of nervous system which special maternal, child and reproductive health services, Among mortalities accounted for 17.3%, and cancer which accounted for 11.3%. for example, early detection and treatment of children from injury, Among mortalities from injury, poisoning and externally caused with disability and reproductive health services for women with disability (National Program Maternal and poisoning and conditions, 69.0% were boys, 24.0% were traffic accidents and of 182 Child Health and Reproductive Health, 2017). externally caused these, 76.6% were boys, and suicide accounted for 30.2%. conditions, 69.0% Health legal environment and national programs 5. The 900 day actions to be implemented from 2018 to were boys, 24.0% 1. The National Program for Food and Nutrition of the 2020 under the Three-Pillar Development Policy, include: were traffic Population talks about providing enriched food, or implementing the “dairy milk for school and kindergarten accidents and multiple micronutrient powder, for children and women children” project, increasing parents participation in child development and education, protecting child rights and of these, 76.6% of households that require social welfare support (National food program, 2015). health at all levels, overcoming computer and screen were boys, and addiction, taking a comprenensive set of measures suicide accounted to eliminate child violence; protecting children from for 30.2% risks and violence, increasing discovery of this type of crimes, updating and approving early child development standards (“Three-Pillar Development Policy” approval, 2018).

182 NSO “Introduction of Health Sector”, page 27

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6. The Procedure for discussing medical and non-medical spending from the health insurance fund. For example, health mortality of children under 5 years of age and stillbirth expenditure in the 2015 budget was 580,679.65 billion MNT approved by Order no.A/503 of Minister of Health (2.51% of GDP) and in 2020, it reached 1,173,410.50 billion MNT (3.19% of GDP), and of this, 681.41 billion MNT was from 7. Article 20.1, 20.2 of the law on the Rights of Persons the government budget, and 458.0 billion MNT came out of the with Disability calls for the state to play a role in early health insurance fund.183 detection, diagnosis, assessment, prevention, treatment, nursing and comprehensive rehabilitation of disability; for Health indicators also became more positive.184 For example, the health institution to be equipped to ensure accessibility average life expectancy at birth was 69.11 years in 2015 and by for people with disability and to consider their special 2018, had increased to 70.19 years (men 66.11, women 75.78 needs and requirements when providing health services years). Mongolia fulfilled the Millennium Development Goal of and assistance for people with disability. (Law on Rights reducing child mortality and in 2015 became one of a very few of Persons with Disability, 2016) countries to reach it. This positive trend has continued and as of Maternal mortality 2018, mortality rates of infants and children under 5 years of age 8. Health service and assistance guidelines for “community- per 100,000 live per 1,000 live births decreased by 13.4 and 16.9 respectively, and based rehabilitation of persons with disability” was maternal mortality per 100,000 live births was 27.1. approved by Order no.A/512 of the Minister of Health births was 27.1. on December 14, 2017 to increase accessibility of health Communicable and non-communicable diseases services for people with disability and develop system 76.0% of all mortalities are caused by cardiovascular disease, for maximum rehabilitation of disabilities. (Order, 2017) cancer, injury, poisoning and death caused by external causes. The leading causes of premature death and combined causes for 9. Guidelines for comprehensive development support lost years of life include Myocardial ischemia, cerebral stroke, for children with disability outlines coordination of liver cirrhosis, liver cancer, and traffic accidents. Risk factors participants’ roles in early detection and diagnosis such as improper eating, obesity, smoking, and alcohol are the and the decision-making process for enrolling children main combined causes of acquired disability and mortality. in developmental support. (Guideline to provide Urbanization and its related lifestyle changes and aging of the comprehensive developmental assistance for children population contribute to increases in non-communicable with disability, 2018) diseases and their risks, especially among men.

Mongolia is continuously developing its health sector in order Despite a decrease of communicable diseases, tuberculosis cases to improve the health of its population. It adopted the UN per 100,000 population were 186 in 2006 and 110.7 in 2018, Sustainable Development Goals 2030 and developed and is and Hepatitis B and C cases still remain critical. A government implementing Sustainable Concepts 2030 which clearly outline program on prevention of Hepatitis B and C achieved some national sustainable development indicators including the goal positive results and by 2018, Hepatitis B and C cases per 10,000 to improve the health of the population. The government of population were 8.5 and 1.5. As for AIDS/HIV, while Mongolia

Mongolia is working to increase health expenditure, including 183 2020 Budget law. 184 Health Development Center. 2018. Health Indicators 2018. Ulaanbaatar.

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Primary healthcare services cannot resource sufficient quality laboratory testing and image diagnoses, emergency assistance, day care services, small surgical procedures, rehabilitation, home care and hospice services and assistance. It is common for patients to use direct services offered by expensive medical institutions and hospitals. The historical preference of population for specialized medical services and in-patient hospital treatment also plays a role in this.

The number of hospital beds per 10,000 population in Mongolia is 78.8, which shows the surplus of beds compared to the mean 76% of total indicator of hospital beds in developed countries of 35 beds per hospital beds and 10,000 population. 76% of total hospital beds and 80% of in- is still included in the category of countries with the least 80% of in-patient patient treatment cases are within public hospitals. Insufficient cases (less than 0.1), the spread of STDs remains high: syphilis, treatment cases decision-making power of public hospitals negatively affects gonorrhea and trichomoniasis cases were 19.4, 17.2, 14.1 management, organization, performance and quality of services are within public at these hospitals, and the number of private healthcare service per 10,000 population, respectively. Scheduled immunization hospitals. Scheduled coverage is also high and in 2018 it reached 98.8%. providers has increased as state regulations and monitoring immunization have weakened.Progressive approaches such as daycare services, coverage is also Primary and next tier referral healthcare services assistance and microscopic surgery are not fully developed in either public and privately-owned hospitals. Long-term high and in 2018 it rehabilitation, nursery and hospice services have not advanced WHO recommends maintaining healthcare expenditure at a reached 98.8%. sufficiently and this contributes to misuse of critical care beds minimum 5.0% of GDP. Healthcare expenditure in the budget (CCB) for chronic patients. of Mongolia is even less than this with 3.19%185 so it does not meet the actual needs of the health care sector. Funding Primary medical care services and next tier referral health healthcare remains a critical challenge. In 2020, the percentage services both lack human resources, there’s a low level of of health expenditure on primary care and services186 was very postgraduate training and continuous professional development, low at 17%, compared to the next tier of referral healthcare there’s a shortage of nurses and the ratio of medical doctors to services at 66.7% of the budget. The quality of primary nurses is imbalanced. Working conditions and salaries of health healthcare services is inadequate, the diagnostic capability of care personnel are inadequate. The system for transferring family health centres is weak, and essential medication and patients from primary healthcare to next tier referral services equipment are lacking. is not regulated or standardized and is poorly coordinated. 185 During previous decade, it was lower than 3% of GDP. 186 Primary health care is a whole-of-society approach to health and well-being Also, the system of comprehensive and coordinated health care centred on the needs and preferences of individuals, families and communities. It services is loose and thus the link between the primary and the addresses the broader determinants of health and focuses on the comprehensive and interrelated aspects of physical, mental and social health and wellbeing. next tier healthcare services and referrals is inadequate. (WHO)

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Accessibility of health services for poor and vulnerable group population

Intensive urbanization in Mongolia has drastically increased the load on healthcare services in urban areas. The capital city The cost of medicines accounts for one third of all Ulaanbaatar has absorbed most of rural-to-urban migrants and household expenditures because of the high cost and more than 50.0% of total population of Mongolia now resides there. 60.0% of the city’s population lives in ger districts, which inappropriate use of medication. have no access to centralized heating and water supplies, have poor sanitation, and lack basic social services. Access to 188 health services is inadequate throughout the country Mongolia, healthcare have reached 41.0% of the total health expenditure. especially for the most vulnerable. Compared with middle The cost of medicines accounts for one third of all household and upper class people, people living in poverty access health expenditures because of the high cost and inappropriate use of services 2.5 times less frequently.187 Out-of-pocket payments for medication. One study found that the prevalence of sub-standard (10.1%), unregistered (4.3%), and counterfeit (0.8%) medicines on the market was high.189 The non-existence of a standard 187 MoH, UNICEF 2017, Nutrition Status of the Population of Mongolia: 5th National Nutrition Survey Report, Ulaanbaatar regulatory system and organization continues to undermine the safety of medicines and their administration. Turnover of national and local governments and government officers within a short span of time, has also interrupted development of health sector policies like these.

Early detection of child developmental impairments

The National Program to support the rights, participation, development of persons with disability approved by Resolution No.321 of the Government of Mongolia in 2017 included early detection of impairments that affect children’s development and enrollment in education. However, to date, Mongolia has no comprehensive research or diagnostic system.

The Rehabilitation, Training and Production Centre under the Ministry of Labour and Social Protection and the Development

188 J.Dorjdagva et al. 2016. Catastrophic Health Expenditure and Impoverishment in Mongolia. International Journal for Equity in Health. 15(105). 189 MoH. ADB. 2018. A cross-sectional analysis of falsified, counterfeit and substandard, unregistered medicines in Mongolia. Ulaanbaatar.

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noted above, and by the project team, because there is no established early detection system in our country, statistical data is not accurate.190

A WHO document on early childhood development (ECD) said that some health conditions associated with disability may be detected during pregnancy where there is access to Taking appropriate prenatal screening, while other impairments may be identified measures during during or after birth. Screening or observing children’s fetal development, development could take place during visits to general child healthcare or ECD services; putting targeted early infancy and early identification procedures in place, such as screening for visual childhood, could and hearing impairments in healthcare or education settings; prevent 70.0% and public health activities, such as immunization campaigns, of developmental could also provide opportunities for early identification191. impairment. A report said that taking appropriate measures during fetal development, infancy and early childhood, could prevent 70.0% of developmental impairment, however, only 9.0% of Institute of People with Disability of the Republic of Korea 9 month-old and 12.0% of 24 month-old developmentally implemented a 3-year project “Early detection and participation impaired children are able to access the appropriate services. of children with disability” from April 2015 to July 2018. In A system for early detection is essential for provision of 2016-2018, the books and manuals were developed within the timely support for children at a clear risk of developmental project framework, research was carried out and training on delay in order to minimize loss of ability and ensure parents’ “early detection and participation of children with disability” participation in remediation192. were conducted for parents, custodians, family health centre doctors, nurses and primary grade teachers of PSE, members of Health, branches of Education, Social Protection Commission for 190 Interviews given by project team during project report presentation event. children with disability in 21 aimags and 9 districts of Ulaanbaatar. https://ikon.mn/n/1dyo A total of 3,200 people participated in these trainings. 191 WHO-Open Society Forum-“Early Childhood Development and Disability” A discussion paper-https://apps.who.int/iris/bitstream/ handle/10665/75355/9789997332028_mon.pdf?sequence=9&isAllowed=y According to the project team, developmental impairments 192 1st annex of joint order of Ministers of Labour, Social protection, Education, Culture, Science and Sports, Health on 2018, Guideline to provide can be reduced by up to 30.0% through early detection of comprehensive development support for differently-abled child, / https://mlsp. developmental impairment and by taking measures early. As gov.mn/uploads/news/files/3b7c0cd4a89b54380c5f1bea0787488c24c58abd. pdf/

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COVID-19 situation

The COVID-19 pandemic that began in mid-January 2020 drastically increased pressure on the health sector. The Government of Mongolia took effective measures to prevent the spread of the virus, including restricting international and domestic transportation and movement, closing down non-essential production and services, raising public awareness, increasing the capacity of healthcare services, banning public gatherings and events, and closing down The government schools and kindergartens. estimates that According to MoH, as of May 20, 2020, the number of confirmed 20% of the cases was 140, the number of people quarantined was 1,224, and population is there were no deaths. Currently, there is no community infection, at high risk but the government estimates that 20% of the population is at of COVID-19 high risk of COVID-19 infection, and if infection spreads and cases drastically increase, the country lacks adequate supplies of medical infection. equipment, medication, isolation facilities and other resources.

WHO evaluated Mongolia’s preparedness for serious disease outbreak as insufficient. It mentioned that primary and mid-level preparedness, resources and capacity to a public health emergency were weak in terms of assessing risk, planning for and identifying necessary emergency equipment.193 Mongolia implements measures to protect it from disaster through its Disaster Preparedness Plan, and NEMA organizes and manages its implementation. Each sector also develops its own plan against disaster and relevant Ministries organize and manage their implementation. The evaluation report said that responsibilities and roles of each of these sectors were not clear. It noted that Mongolia was vulnerable to a spread of new infections or a resurgence of infections, but in the event of a serious public health concern, the national response system faced critical issues.

In 2016, the Mongolian Parliament approved Sustainable Development Vision 2030. The vision set national development goals 193 World Health Organization. 2017. Joint External Evaluation of International Health Regulation Core Capacities of Mongolia. Geneva.

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and called for improvements to health and an increased mean life Master Plan also proposed to improve the quality and accessibility expectancy of 78, and to develop to become one of the countries of primary and next tier referral healthcare services, align the of the world with a high human development index.194 One of the educational system of health care personnel with the needs of the principles of achieving sustainable social development was defined sector, increase financing of healthcare services, especially primary as “high quality health care services accessible to all,protected from healthcare services, reduce out-of-pocket payments by individuals, In 2016, the financial risk, and based on the equal participation of the whole improve the efficiency of investment plans, develop the infrastructure population”. It also set the following 4 goals related to health: (i) of healthcare institutions with up-to-date specifications, enhance Mongolian Create a national disease prevention system, increase access to medical regulations, create a unified health information database, Parliament and quality of diagnosis and service, (ii) Improve maternal and child make public hospitals independent, and enhance the regulations of approved health, (iii) Reduce common non-communicable diseases and health private healthcare institutions. Sustainable risk factors based on active and inclusive partnership with individuals, Development families, communities and organizations and; (iv) Strengthen capacity The Health Sector Master Plan, 2020-2026 is accompanied by a Vision 2030. of surveillance, prevention and preparedness and responsiveness to package of essential healthcare measures to adjust health services communicable diseases. according to the needs of the population, a service planning framework, mid-term costs and investment scope, monitoring, evaluation and Health policy assessment framework with criteria for checking implementation of the plan. The Master Plan and associated documents provide the The Law on Development policy planning approved in 2015 aimed framework for coordinating activities of all stakeholders in the health for a unified development policy planning system, enhanced intra- sector, as well as the efficient use of public, private, and international sectoral and inter-sectoral policy coordination, and policy continuity. sector investments. As this law was implemented, the various policy documents followed in the healthcare sector that were merged into the State Policy on The Law on Health Care Services (2016) created the legal HealthCare (2017) and, with ADB’s assistance, the Action Plan to environment to improve governance of public hospitals, postgraduate implement it (Health Sector Master Plan, 2020-2026) was approved training of medical specialists, and regulation of private sector health in 2020. These documents identified immediate and mid-term policy care institutions. MoH began to implement the law and is working goals, approaches to be implemented in the health care sector in 8 to introduce semi-independent governance in three public hospitals, main areas: public health, medical services, human resources, health first with the support of the ADB. In addition, MoH has developed care financing, health care technology, pharmaceutical services, IT draft procedures and contracts to regulate private sector health and management, healthcare sector management, organization, and institutions and started implementing activities to improve the quality transparency. The policy goals cover public health challenges such as of healthcare services and planning actions to improve licensing air and water pollution, food safety, prevention of common diseases, and accreditation of health service providers,. MoH also developed early detection and inter-sectoral cooperation required for publc amendments to the Law on Medicine and Medical Equipment and health emergency preparedness and appropriate responses.The submitted them to the Parliament in 2019. The draft amendments 194 As of 2019, Human Development Index of Mongolia was 0.735. According to this index, included WHO’s recommendations to set up an independent Mongolia is ranked 92nd among countries with high human development index. Source: entity to coordinate the supply of medicines, introduce appropriate UNDP. 2019. Overview of the Human Development Report 2019. Beyond income, beyond averages, beyond today: Inequalities in human development in the 21st century. pharmaceutical practices and regulate prices medications. New York.

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Sub-section conclusion

Maternal and child health is a critical social issue affected by several social-economic and environmental factors. Basically, the majority of mother and child mortality cases are preventable which highlights the crucial need to improve quality of and access to healthcare services for the most vulnerable people, and to promote understanding and knowledge of health and safety practices among those households and individuals to change attitudes towards self- care.

The state needs to implement the existing range of laws and policies, as well as the Health Sector Master Plan to address critical social issues such as environmental pollution, public health education, nutritional deficiencies, communicable and non-communicable diseases, high levels of risky behavior, and adolescent physical and mental health. There’s a need for innovative projects and programs for groups that are remotely located, extremely poor and disadvantaged to receive equitable health services. As well, public awareness raising on preventative health practices, especially among children, including infuence on risky behaviours is a priority and public health activities should be directed towards these issues.

Expenditure in the health sector would need to increase if solutions to these issues are to progress. However, in the current macro-economic environment, we believe that limitations of the government budget financing will preclude any immediate changes in health spending.195 Finally, it should be noted that the Mongolian government has not put up for discussion any initiatives to increase the health sector’s contribution to the GDP or generate revenue from this sector.

195 Ibid, page 8

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CIVIL RIGHT AND FREEDOM

Discrimination

According to the Social Indicator Sample Survey, the most common reason for discrimination against people 15-49 years of age was their standard of living and level of income, while 15-19 year-old children were most commonly discriminated against because of their age (NSO, 2019). «Government can In another words, children are seen to be too young to cushion the inability of understand the issues, so cannot participate equally. This citizens to provide for is exacerbated by the Mongolian tradition of “the older themselves, particularly brother speaks and the younger brother listens” that can in the vulnerable lead to low self-esteem and passivity in children. conditions of youth, old age, sickness, disability As John Locke conceptualized them, the natural rights of and unemployment due to every persons are to live their own life, to be free and economic forces beyond to own property. Mostly, the concept of the right to live one’s own life is translated differently in Mongolian their control. Wherever language as the right ‘to be alive’, a definition that avoids possible, government responsibility for protecting human rights. It has become should invest in citizen a necessity to broaden children’s options and strengthen capabilities to enable their resilience.196 them to provide for themselves in rapidly and continually changing circumstances»

World Economic Forum

196 A.Khishigtugs, Socioanalysis: Generalization theory, Ulaanbaatar: Munkhiin Useg, 2018. Page 75-76.

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Love and care

The UN Convention on the Rights of the Child recognizes the need for children to grow up in a loving and caring family environment to ensure comprehensive and harmonious child development. In 2018, there were 18,794 orphans and semi- orphans between the ages of 0-17 years living in Mongolia, and of them 74.0% were living in single-parent families.197 Many households had both parents, but rather than spending quality time with their children, many give them smart tablets or smart phones to entertain themselves. The use of smart A nurturing devices and the internet from early childhood has both negative environment and positive impacts on a child’s physical, cognitive, mental and and caring social wellbeing. During the first years of a child’s life, when relationships with the brain is rapidly developing, a nurturing environment and caring relationships with guardians play a very important role in guardians play a children’s development.198 very important role in children’s According to the Social Indicator Sample Survey, 12.5% of the development. 6,091 children under 5 years of age had been left unsupervised in the previous week. Uneducated mothers and those from lower socio-economic classes are more likely to leave their children theory, the attachment built between the child and the caregiver unsupervised than those mothers with higher education and in early years of childhood has a significant impact on the child’s from upper classes (NSO, 2019). Child deaths caused by fire, future. water-electrical shock while left unsupervised, locked behind closed doors, and in the care of other small children are Love and attention are key factors in developing a child’s ability occurring,199 therefore action needs to be taken to stop parents to socialize. Children require much preparation; they need their and caregivers leaving children alone and unsupervised. own toys, they need to be toilet-trained, to be raised in rooms without locks, and listened to. Adults need to respond to the The psychological theory of attachment was first described crying child as well as the smiling child. Child’s crying is a signal by John Bowlby, a psychoanalyst who researched the effects of that a little child needs attention. The emotional bond between separation between infants and their parents. According to his caregiver and child is based on love and trust and is a key element of child development and lifelong well-being. Children 197 SISS SR.19 – Half, Double orphan children. Page 77. 198 M .Black et.al. “Early Childhood Development Coming of Age: Science through who grow up without that bond experience relationship issues the Life Course.” The Lancet 389. 10064 (2016): 77-90. doi:10.1016/s0140- and fundamental changes in their personality.200 6736(16)31389-7; JP Shonkoff et.al. “The lifelong effects of early childhood adversity and toxic stress.” Pediatrics 129. 1 (2011): 232-46. doi:10.1542/peds.2011-2663. 200 Ainsworth, Patterns of Attachment: A Psychological Study of the Strange Situation, 199 Internet site of General Police Agency Hillsdale: Lawrence Erlbaum, 1978.

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The more children are separated from their mother, the less easily they are attached to others and they become retroverts and as time goes by they pay more attention to material things such as sweets and toys rather than their own feelings and Parents love wishes. According to Bowlby, separation from the mother, which is a sorrow for children, can be felt by them even after they should be given become adults. Motherly love should be given to children during to children during antenatal period. This applies to both the mother and the father. antenatal period. If one considers love should begin with the birth of the child, it shows lack of preparedness for having the child. Thus, it is important to form the baby’s behavior while he or she is still in the mother’s fetus by showing care, love and avoiding bad habits, stress and anger.

Religious freedom

Article 14 of the UNCRC states that every child has the right to think and believe what they choose and to practice their religion, and under the Constitution of Mongolia, all citizens have the right to religious freedom. In 2018, there were 364 registered religious institutions operating in Mongolia and of these, 193 were in As of 2019, Ulaanbaatar. Christian institutions were the the fastest growing, 453 registered from 96 in 2010 to 233 in 2019.201 As of 2019, 453 registered religious religious institutions operating in the country. Children’s right institutions to believe in any religion should be respected, but there’s a need to monitor whether a child has been voluntarily or indirectly operating in the forced to do so. country. Religious institutions are mostly located in peri-urban and ger districts of Ulaanbaatar. Christian churches are more likely than Islamic and Buddhist religions to use foreign funding to give away free food, candy and school supplies to children. Children then bring their friends to church and church membership increases. Therefore, we need to examine what attracts children to these religious institutions, at the same time to protect their right to religious freedom. 201 Mongolian Statistical Information Service

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Table 19. Number of religious institutions of dropping out of GESs in order to study at religious schools Religion 2010 2013 2016 2019 make up some of these figures but to address the matter of their general education, the registration system needs to collect Total 234 322 350 453 more accurate information. Buddhist 127 146 136 177 Christian 96 151 183 233 According to a study by AFCYD, there are 164 children in Islam 6 20 22 30 the city studying at religious temples and monasteries and participating regularly in church activities, and 1,177 children Other 5 5 9 13 enrolled in religious services during the daytime. The study Source: Mongolian Statistical Information Service also discovered some breaches such as children studying at When children temple living in crowded conditions in one room. Researchers Children studying at Buddhist institutions live at temples in the study at religious experienced some difficulties, such as having to re-visit temples, monastic school dormitories or with their monk teacher until absence of personnel in charge of data and information, and institutions, their they graduate, and they go home during vacations.202 When they developed and delivered recommendations to address the general education children under 18 years of age become monks and study at The phenomenon issues they revealed.205 is interrupted. religious institutions, their general education is interrupted. of mushrooming Article 3.15 of the Mongolian Civil Law states that ”full religions is seen Instead of promoting one religion on television (especially on legal capacity comes into effect at the age of 18”.203 Until in countries where public TV like Mongolian National Broadcaster), there is an then, guardians and parents take responsibility for the child. clinical psychology option of dedicating one channel to discussing religion. There Therefore, the family mostly decides whether a child should is not developed, is also a need for better religious education, as it has become believe in a religion or study under a monk. Inter-sectoral common for the public to perceive religion as something that research is needed to investigate the appropriate age limitation therefore, there fulfills material desires. To prevent religious conflict, there’s a for study at these institutions. is also a need for need for children to learn about different religious practices increased number through unbiased and independent channels. The spread of One of the basic child rights is the right to education fulfilled of psychological religious power is related to donations, offerings and finance through formal school education. Even children studying at counselling from religious institutions. Separate research is needed to religious institutions must be given a general education.204 In centres in better understand how they are funded. The phenomenon the 2018-2019 school year, 600,400 children studied at GESs of mushrooming religions is seen in countries where clinical in Mongolia. In the same year, 5.5% (15,300) of all children Mongolia. psychology is not developed, therefore, there is also a need between 6-10 years of age (primary grade), and 7.4% (13,800) of for increased number of psychological counselling centres in all children between 11-14 years of age (secondary grade), did Mongolia. not enroll in schools (National Statistics Office, 2019). Cases

202 UNICEF, National Authority for Children, “Causes for children participating in religious activities and studying to be drawn to religious institutions: rapid assessment report,” Ulaanbaatar, 2014. Page 5. 203 Civil Law, article 3.15, https://www.legalinfo.mn/law/details/299 204 Save the Children, Child for Child NGO, World Vision, “For the Rights of All Children: Children’s Report to the UN Committee on the Rights of Child- 205 Family, Child, Youth Development Agency of the Capital city, “2019 activity report,” Mongolia,” Ulaanbaatar, 2015. Page 7. Ulaanbaatar, 2020. Page 20.

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Criminal offenses

In 2019, 31,524 crimes were registered across the nation, including 596 crimes committed by children under 15 years of age, and 761 crimes committed by children 16-17 years of age.206 Based on these figures, 4.3% of (1,357 crimes) all crimes registered across the nation were committed by children under 18 years of age. In According to data Ulaanbaatar 495 of (5.6%) crime suspects and defendants were on all criminal children.207 Taking measures to restrict individual rights because of offenders, more criminal actions is legitimate but identifying reasons for committing individuals the crimes can minimize restriction of human rights, especially without higher children’s rights. education had According to data on all criminal offenders, more individuals committed without higher education had committed criminal offenses. In criminal offenses. another words, crime indirectly correlated with education levels, whereas there is a direct correlation between crime and poverty. One of the vulnerable groups at risk of poverty is female headed households. In 2018, the number of female heads of households with children under 18 years of age was 36,300. Registration and migration 42.0% of the population living in poverty are children under 15 The UNCRC and other international agreements guarantee the years of age. This includes households with children under 5 years right of a child to a name and to citizenship. Birth registration of age or children in PSE, households with many children, female is the first acknowledgement of a child’s existence before the headed households, and young heads of households. In the first 2 law, so that their rights are protected and violations of rights months of 2020, there were 6,517 individuals who were victims of cannot be concealed by anonymity.209 In Mongolia, parents and criminal offenses, including 264 (4.1%) children under 18 years of In 2019, the births other authorized representatives are responsible for registering age (NSO, 2020). Also 1,619 (24.8%) children and youth between of 79,580 children children at the relevant district or soum office within 30 days of 18-29 years of age accounted for a quarter of the victims of criminal were registered in birth, and for obtaining a copy of their birth certificate.210 In 2019, offenses.208 The Poverty Profile Research concluded that as the Mongolia. the births of 79,580 children were registered in Mongolia.211 number of dependent people and children per working population increases, poverty increases to that extent (NSO, 2020). 209 UNICEF . Each child has right for birth registration: Inequality and attitude of birth registration. New York: UNICEF, 2013. 206 General Police Agency, 2019 national result https://www.unicef.org/publications/files/Birth_Registration_11_Dec_13.pdf 207 Statistical department, implementation agency of Ulaanbaatar Municipal office, 210 State Civil Registration Law, https://www.legalinfo.mn/law/ “Socio-economic situation of the Mongolian capital,” Ulaanbaatar, 2018. Page 70. details/13540?lawid=13540 208 NSO, Socio-economic situation of Mongolia, 2020. Page 43-47. 211 Mongolian Statistical Information Service

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There is a need for a good registration system for the mobile kindergarten, so Children of the Sun-2 has enabled these children population as khoroo documents are constantly being lost. to go to kindergarten. Household dwellings are not registered when they move to another rented dwelling and this causes problems for citizens’ Geographic distribution of university and college students shows Internal migration right to participe. that in the 2018-2019 school year, 146,000 (92.6%) of all students About 400 people were in Ulaanbaatar (National Statistics Office, 2019), highlighting continues to cause Internal migration continues to cause violations of child rights. live and work at that access to education facilities is one of the major reason why violations of child Mongolian families are transitioning from the traditional model the Ulaanchuluut people move to Ulaanbaatar. rights. of elders and parents deciding everything, to the modern site on a daily model of children participating and expressing opinions on Sociologist Adna Weber concluded that growth of cities has four family decisions. Households that rent and don’t have their basis. social stimuli and one is “to get an education for one’s child”.213 own dwelling frequently move from one place to another. This There were 94 universities in 2018-2019 and of these, 86 (91.0%) is a matter decided by adults and the views of childen do not were in Ulaanbaatar. Statistical data show that parents first send influence the decision. To help rectify this, employers need to their children to Ulaanbaatar as students and then soon after, support housing for parents and young couples so they can they move there themselves. In 2018, 67.0% of the population create a stable environment for their children’s well-being. This was urban and 33.0% rural. The total Mongolian population action needs to be reflected in policies in both the public and reached 3.3 million in 2020. Projections by the Labour, Social private sectors. Protection Research Institute are that the population will reach 4 million by 2034.214 Unless educational infrastructure is developed Parents deciding to move without discussing it with their in non-urban areas, population density in urban areas will further children is the main cause of upsetting children’s environments. increase. As urban density already exceeds capacity, violations The problem mainly arises in households that do not own their of child rights will multiply with the increase of smog, pollution, dwelling who are forced to move around and disrupt children’s overcrowding, and prices. Therefore, there is a need to utilization lives, so that they are at risk of being friendless and lonely. the wide open space that Mongolia is known for.

People living at rubbish dumps are not registered and seldom The right to marry and divorce is exercised under individuals’ have documents. Violation of children’s rights to health and right to liberty. In 2019, 20,043 marriages and 4,262 divorces education is very common in these locations. The Children were registered. In addition to divorce, many child rights issues of the Sun-2 kindergarten, jointly built by the Nyambaatar such as child alimony, deprivation of parental rights and changes Foundation and the Veloo foundation to educate and raise in children’s social circumstances emerge. Development of children of households that live at Ulaanchuluut rubbish dump children’s personality is directly dependent on parents and their in Songinokhairkhan district was opened in January, 2019.212 environment. According to the World Bank Group report on The kindergarten can accommodate 150-200 children living on poverty in Ulaanbaatar, children with alcoholic parents mostly the western edge of the Ulaanchuluut area that stretches for 8 didn’t go to school and became targets of child labour exploitation, km. About 400 people live and work at the Ulaanchuluut site 213 A.F.Weber, The Growth of Cities in the Nineteenth Century: A Study in Statistics, HardPress Publishing, 2012. on a daily basis, and about 200 children were not enrolled in 214 Labour, Social Protection Research Institute, “Statistics of Labour and Social 212 Protection sector,” MLSP, Ulaanbaatar, 2018. page 9-10.

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e.g. picking recyclable trash, carrying wheelbarrow loads at the Right to express their views and participate market, washing cars, shoeshining or begging on the street.215 Restriction of cell phone and online environment use in Rights of people with disability to mobility school environment According to MECSS, this measure was taken to prevent children’s Public buses announce upcoming bus stops via an audio speaker online addiction, cyber bullying and online attacks, to protect system. This helps all citizens, including those with visual their health and ensure security, to stimulate their enthusiasm for impairment, to know where to get off the bus. At the same study, to offer opportunities to spend their free time creatively, time, buses display the name of the next stops via running text and to promote participation in social interactions. For example, which helps citizens with hearing impairment. Such technological children spending their free time at the library would not be solutions need to be introduced in all infrastructure systems. distracted by alerts and notifications on their cell phone.

On the other hand, state actions are carried out in response to 215 World Bank, “Urban Poverty in Ulaanbaatar: Understanding the Dimensions and Addressing the Challenges” Ulaanbaatar, 2016. Page 69. public views expressed on social media. For example, in 2019, an amendment to the draft Law on Naadam, an article was published proposing horse races with child jockeys on the 14th day of the new moon of the first spring month each year. In December of Parental love, that year, the National Human Rights Commission of Mongolia care and attention had raised concerns that this would violate child rights. The contribute to public protested on social media that this draft law endangered children’s physical, children’s life and health and because of their protest, authorities cognitive and were forced to take account. News media stories about violence against children published online caused public uproar and fury psychological and people came together to express their views. As a result of development, this public show of concern, the services of the child emergency therefore, there’s line 108 were promoted, and celebrities composed and aired a a need for parents song against child violence. In these ways, social media served as and carers to a platform for expression of public opinion and the public’s right spend more face- to freedom of expression was realized. to-face time with Children produce music clips and discover their talents through their children. social media, promoting them free of charge via Youtube. But free social media and unrestricted uploading of information means diverse content whose accuracy cannot be verified, and much content is only meant for adults. Therefore, stronger restrictions on children’s use of social media need to be put in place.

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The right to expression not only means self-expression, but also means listening to others. With more people turning to using social media, warm and close-knit family interactions are weakening. Also, whether by face-to-face relations or on social media, people who cannot express themselves miss out on having their say. For example, children in families that can’t afford the internet have fewer opportunities to have their say. It is vital to support children’s access to all channels of self-expression and sources of information.

Sub-section conclusion

Parental love, care and attention contribute to children’s physical, cognitive and psychological development, therefore, there’s a need for parents and carers to spend more face-to- face time with their children.

As children’s lives and health are at risk when they are left unsupervised, attention needs to be paid to the underlying causes of this occurring, such as demands of employers, poverty, isolation. It is vital for their healthy development that children bond with at least one adult (in most cases, the mother) so efforts must be made to ensure that abrupt separation is avoided because of factors such as migration, employment, neglect. As children tend to imitate others’ behaviour, children should not witness neglect or violence that will negatively affect the child’s future actions.

As well as supporting children’s right to believe in any religion, there is a need to find out more about the effects of children possibly being lured into religions with small gifts, particularly by new religious groups establishing themselves in the ger districts.

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Families that don’t own a dwelling and live in rented accommodation move frequently and this type of internal migration causes children to lose a familiar environment and CHILD PROTECTION: SPECIAL suffer loneliness. Migration is determined by financial choice or necessity, and children do not have a say in it. PROTECTION

Currently, social media is the dominant source of information. Violence against children However, there’s no mechanism to verify accuracy of information posted or shared on social media, but it also serves as a platform Criminal offenses against children are listed in Chapter for freedom of expression and speech that can generate 16 of the Mongolian Criminal Law and these are: “involve government action and policies in response to social media child in criminal action”, “involve child in drinking, drug pressure. use, addiction”, “abandonment of child, deliberately lose child, involve child in vagrancy”, “involve child in beggary”, “switching or changing children”, “sell child”, “cruel child treatment”, “advertising and dissemination of pornography and lewd acts of a child”, “involve child in lewd acts”, “forcing child into labour”, “neglect of the duty of custody of a child”.216 In 2018, 21 criminal offenses against a child were registered across the nation, and in 2019, this figure reached 31, an increase of 47.6% more than the previous year. Criminal offenses of “advertising and dissemination of pornography and prostitution for child” committed in 2019 were double that of the previous year, i.e. 16 in 2019, 8 in 2018. In the capital, this criminal offense was committed 15 times, and out of the 16 criminal cases committed in 2019, this type was the main cause of increased criminal offenses. In the first 2 months of this year, 5 such criminal offense were registered217.

216 Criminal Law of Mongolia, 2017. 217 General Police Agency, Crimes registered as of Jan, 2020 across the nation, page 6 ; General Police Agency, Crimes registered as of February, 2020 across the nation, page 6.

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Table 20. Number of registered criminal offenses Registered criminal offense 2018 2019 Involve child into criminal action /16.1/ 2 0 Abandonment of child, deliberately lose child, 6 9 involve child into vagrancy /16.3/ Advertising and dissemination of pornography and 8 16 lewd acts for child /16.8/ Others /16.4, 16.5, 16.6, 16.7, 16.9, 16.10, 16.11/ 5 6 Total 21 31 Source: Criminal offenses registered in 2018 and 2019 across the nation, General Police Agency

From the list of criminal offenses against children in Chapter 16 of the Criminal Law of Mongolia,“advertising and dissemination of pornography and lewd acts for a child” criminal offense indicated in article 16.8 was most committed criminal offense and accounts for most of the crime. Specially, in Ulaanbaatar, the number of these offenses in 2019 was twice that of the previous If the perpetrator is the breadwinner of the family, the rest of the year and, therefore, there’s need to focus on preventing this type family will lose their livelihood if the perpetrator is arrested and of crime, warning adults not to involve children in lewd acts, and detained. As well, after detention, the perpetrator and victim will promoting the seriousness of this criminal offense. be likely to live together again with possible repercussions for the victim. In domestic conflict, the victim tends to forgive the Domestic violence perpetrator for the sake of children.220

International human rights conventions guarantee the rights of In 2019, police registered 2,175,825 offenses and of these, 8,962 each person to live in a safe environment, free of fear, violence or 0.4% were related to domestic violence. 6,634 people who and intimidation.218 Another criminal offense against children’s committed these offenses were fined a total of 29,735,000 MNT interests listed in the Criminal Law of Mongolia is “domestic and 6,400 people were detained. Also that year, acting on alerts violence” in Article 11.7 of this Law. Domestic violence is about domestic violence situations, police conducted 10,238 different from other offenses against human health and freedom assessments of threats posed to the life, health and security of because it affects the interests of the family and the victim is the victim.221 always a person219 known to the perpetrator.

218 NHRC, 19th presentation on Human Rights and Freedom situation in Mongolia, 2020, page 23. 220 Interview with L.Badamtsetseg, senior specialist of Family Development department 219 Commentary of Article 10.4 of the Criminal Law: a family dependent relationship of FCYDA. /http://fcy.gov.mn/news/133usmr7iir?fbclid=IwAR2n8uJoOJH4z2ji9j_ means “a relationship between household members, people living together for tIWFmJvp3ShSRMcowr8eqIxqTIVN2EjOmv38sk7k/ some reason, divorced, used to live together, caretaker, guardian, care provider and 221 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, people under their care”. 2020, page 27.

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As noted in the Child Protection Cluster Report 2020, the Local government spent 623 million MNT and international number of criminal offenses related to domestic violence organizations 764.5 million MNT on this service.224 in the first quarter of 2020 increased by 46.92% (3,410) compared to the first quarter of 2019 (2,321). The number of National training of Multi-disciplinary Teams (MDTs) was people who used one window service centres and shelters organised in 2017, and re-training in 2019. Soum district supported by UNFPA during the first quarter of 2020 (983), governors, family doctors, local police, school social workers, was 88.68% more than in the first quarter of 2019 (521), who are members of MDTs were also trained to fight domestic and 44.13% higher than the fourth quarter of 2019 (682). violence. All members of all MDTs in 21 aimags and 9 districts In March, 2020, physical violence against children was 32.9% of Ulaanbaatar upgraded their skills (trained 4,634 members of higher than the previous month, and 46.8% more than in 609 MDTs in 2017 and 4,714 members of 676 MDTs in 2019). 225 In February, 2020 February, 2019. In February 2020 psychological violence psychological against children was 57.6% higher than in February, 2019. The Law on Combatting Domestic Violence calls for the violence against Child negligence violence calls in February, 2020 increased by protection and temporary sheltering of victims of violence 222 children was 57.6% 22.5% compared to February, 2019. and those at risk of violence to protect their life, health and security, and to provide medical, psychological, social welfare, higher than in According to reports by the General Police Agency on the child protection and legal referral services from the one window February, 2019. situation during the first quarter of 2020, drunkenness in the service centre. As of 2019, there were 14 temporary shelters home environment was 30-40% higher than at the same time and 15 one- window service centres operating across the nation. in the previous year, 3,131 domestic violence offenses were These included 13 temporary shelters and 14 one-window registered, an increase of 61.6%, and the number of people service centres run by government, and 1 temporary shelter and arrested for domestic violence offenses reached 2,194, an 1 one-window service centre run by an NGO.226 For statistical increase of 98.7%. The number of phone calls to the Child data about clients using these services in 2018 and 2019, see Helpline 108 at AFCYD requesting family conflict counselling Table 11. increased by 108.8%, and the workload of child protection response services and temporary shelters was 115% higher A child protection response service was established in 2017 than the same time last year.223 to provide comprehensive services including identification of children at risk of domestic violence, conduct situational A survey on the spread of gender-based violence and assessments, ensure security, referral, adaptation in social domestic violence in Mongolia was conducted by UNFPA relations, and reintegration with familes. It provided services for in 2017 across the nation. Based on findings of this survey, 285 children between 0-18 years of age in 2017 and for 945 one window service centres were opened to provide children in 2018. In 2019, the service provided security and child service for victims in Bayan-Ulgii, Darkhan-Uul, Dornod, protection response services for 2,020 children through shelters Uvurkhangai, Umnugobi, Khuvsgul, Khentii aimags, and in and one-window service centres.227

Bayanzurkh and Khan-Uul districts which had high numbers 224 UPR- 3rd Report on the Human Rights Situation in Mongolia (draft), page 17. of domestic violence cases and victims requiring protection. 225 UPR- 3rd Report on the Human Rights Situation in Mongolia (draft), quotation 8. 226 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 222 2020 first quarter Child Protection Cluster report. 2020, page 29. 223 Database of FCYDA- http://www.fcy.gov.mn/news/125 227 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 2020, page 104

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As mentioned in the 19th report on the Human Rights and Freedom situation in Mongolia by the NHRC, the Ministry of Justice and Internal Affairs organized a nationwide prevention campaign “Let’s understand and respect” from November 21 to December 15, 2019 to enhance public awareness of domestic violence, improve participation and cooperation between the government, NGOs and citizens to change negative perceptions of family relationships, behaviors of perpetrators and victims of violence, and restoration of infringed rights.228

The council coordinating crime prevention actions needs to monitor branch council and MDT activities, build capacity of MDTs, increase the number of job positions of khoroo police and social workers, and hire professionally trained social workers. Also, there is a need to organize training and public awareness actions to promote the Law on Combatting Domestic Violence in order to protect victims and reduce risks of repeated violence, and to take special care to reach illiterate or people who can’t access information, those living in remote, rural communities, people with disability and herders. Governors at all levels need to pay special attention to comprehensive allocation of costs in local budgets to fight domestic violence and protect child rights in their local territory, and to seek budget approval by local Citizen Representative Khurals. 229

The Law on Infringements calls for mandatory training of domestic violence offenders in addition to arrest and

228 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 2020, page 107 229 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 2020, page 33

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detention,230 and the Criminal Law calls for allocation of court therefore, Mongolia was upgraded to Tier 2. These efforts included costs to fight violence, including the cost of this mandatory resuming funding for victim services; significantly increasing training for perpetrators, if already in local budgets231. As identification of victims and assistance for repatriation; securing outlined in the Law on Combatting Domestic Violence,232 the several convictions under new provisions in the amended organization responsible for enforcing court decisions and Criminal Law; and initiating a new law enforcement campaign to police are responsible for organising mandatory behavior curb fraudulent recruitment via social media.236 change training for convicts and detainees. Order No. A/73 of the Minister of Justice and Interior dated April 4, 2017 approved However, the government did not meet the minimum the “procedure and program for mandatory behaviour change standards in several key areas.237 During the reporting period training” and developed a standard training program and manual, in 2018-2019, authorities did not reopen any of the trafficking and procedure for training trainers. However, in reality, the prosecutions discontinued without proper recourse in 2017 availability of trainers and training facilities remains inadequate.233 following enactment of the new Criminal Law, and some law enforcement officials reportedly continued to penalize victims Human Trafficking for crimes committed as a result of their having been subjected to trafficking.238 In 2018, 10 persons became victims of human trafficking crimes 239 as described in Article 13.1 of the Criminal Law and of them, 4 The UN made 8 recommendations directly related to human were children between 14-17 years of age. In 2019, 9 persons trafficking, of these, six concerned legal regulation, two were became victims of this crime, including 5 children between 14- related to comprehensive services for victims and financial 17 years of age.234 As mentioned in the 2019 Human Trafficking issues. While there is a Law on Combatting Human Trafficking Situation Report, the Government of Mongolia does not fully of Persons, its implementation is inadequate and the state’s role 240 meet the minimum standards for the elimination of trafficking, is largely restricted to “official meetings and workshops”. but is making significant efforts to do so. Compared with Madina Jarbussynova, OSCE Special Representative and Co- previous years, government efforts to stop human trafficking 235 236 In 2018, government allocated 95 million (35,950 USD) for NGOs that fight against had increased compared to the previous reporting period; human trafficking and provide most of the victim protection services. “National Program to Fight Human Trafficking” (2017-2018) and action program 230 Article 4.5 of the Law on Infringement. were approved. Compared with previous years, during this reporting period, 231 Article 2.2 of Chapter 7.3 of the Criminal Law. government allocated 709 million MNT (268,260 USD) for implementation of this 232 Article 44.4 of Law on Combatting Domestic Violence. program. In 2017, there was no budget for this at all. 233 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 237 This time, unlike previous reports, government took action to reduce need to buy 2020, page 33. /“Monitoring report “ implementation of police obligation under prostitutes and forced labour. Together with International Labour Organization, law to fight with domestic violence”, National Center Against Violence, Swiss Ministry of Justice and Internal Affairs and General Police Agency initiated a Development Agency, UNFPA, UB, 2018/ campaign to raise public awareness and knowledge about online fraud and 234 Mongolian Statistical Informaton Service deception aiming to engage in sexual exploitation and human trafficking and forced 235 According to 2019 Human Trafficking Situation Report, article 8.1 of Criminal labour, and undertaking investigation of such cases. Case Law contained language that made it impossible for victims to get protection 238 2019, Human Tranfficking Situation Report, June 20, 2019, /https://mn.usembassy. services unless a case against a person accused for human trafficking had first been gov/mn/our-relationship-mn/official-reports-mn/2019-trafficking-in-persons- launched. This hindered delivery of protection services for some victims in 2017. report-mn/ In 2018 Ministry of Justice and Internal Affairs set up a working group to solve 239 5.116-5.123 of the recommendation this issue and initiated an exchange of ideas between government agencies and 240 As mentioned in 2018 monitoring-evaluation report on implementation of civil organizations to amend the Law on Protection of Witnesses and Victims. At the participation regulation of Mongolian laws ” under the “Civil participation- 2” joint end of our reporting period, amendment to the Law was at drafting stage. program by Mnistry of Justice and Interior and Swiss Development Agency

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ordinator for Combatting Trafficking of Human Beings241 noted Crimes against sexual inviolability and freedom of the that “combatting human trafficking must be done with the child participation of government, otherwise, there will be no results and combatting human trafficking needs to be a key agenda item In 2019, 624 persons became victims of sexual crimes and crimes for government”. against the inviolatibility of the child outlined in the Criminal Law and of these, 359 (57.5%) were children under 18 years of age, Mongolia is committed to fighting human trafficking, joining and 253 (70.5%) of these were victims of rape.243 the UN Palermo Protocol in 2008, and approving the Law on Combatting Human Trafficking of Persons in 2012. The Table 21. Number of victims of crimes against sexual inviolability Government Action Plan calls for implementation of a program and sexual freedom of person to stop new types of crimes such as money laundering, human Registered crime 2018 2019 trafficking, drug trading and online crimes, and in compliance Total victims of crimes against sexual inviolability with this, approved a 4-year national program in 2017 to combat 579 624 human trafficking and set up a national sub-council to coordinate and sexual freedom of person anti-human trafficking mandated to manage prevention and Of these, children between 0-18 years of age 312 359 coordinate inter-agency efforts. However, cases and causes of Total victims of rape 487 492 human trafficking crimes have not declined because of uncertainty Rape victims between 0-18 years of age-victims of actions by law-enforcement agencies and officials who have no 238 253 of rape common understanding about how to combat this type of crime, Source: NSO, Victims by gender, age breakdown, by crime category-2018, and low level of cooperation between agencies, and the lack of 2019. a legal environment to work with international bodies. Human trafficking is organized, transnational crime, so there is a need There are cases of women with disability being victims of sexual to expand international cooperation and to upgrade systemic crimes and crimes against personal inviolability. For example, in approaches to combatting these crimes as well as identifying the 2018, 24 women with disability were victims of criminal rape reasons for human trafficking and the factors that influence it.242 outlined in Article 12.1 of the Criminal Law and, of these, 7 were under-aged girls and 17 were adult women. Most of these rape victims were women with disability living in rural areas.244 Specifically, 6 under-aged and 11 female victims were identified in the countryside.

The Ministry of Justice and Internal Affairs developed draft amendments to the Criminal Law, Criminal Case Law, Law on Infringements, Law on Infringement Investigation, Law on Implementation of Court Decisions and these amendments 241 As reflected in official document no.7/1726 by D.Nyamgerel, head of the working office to coordinate crime prevention efforts in Mongolia in 2018. 243 Ibid, NSO, Victims, gender age breakdown, by crime category-2018, 2019. 242 “National Program to Combat Human Trafficking” approved by Resolution no.148 244 NHRC, 18th Presentation on the Human Rights and Freedom Situation in Mongolia, of Government of Mongolia in 2017. 2019, page 52.

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were approved by the full session of the Mongolian Parliament Children were involved in 1,068 crimes, an increase of 327 (44.1%) on January 10, 2020. Amongst these, Section 16 of the Criminal over the previous year. In 2019, the number of defendants was Law and Article 6.20 of the Law on Infringements was amended 17,100, 721 (4.4%) more than the previous year. 1,356 (7.9%) of for the purpose of child rights protection. all criminal defendants247 were children under 18 years of age.248 According to the In 2018, the number of children under 18 years convicted by For example, in the amendment of the Criminal Law Article 12.1, Police database on courts was 295, and in 2019, this number increased by 65 (18%) 249 the crime of rape is subject to higher penalties as follows: for crime, 111 children to 360. raping of a person between 14-18 years of age, sentencing was amended from a 2-8 year jail term to 5-12 years in jail. Previously, were registered to According to the Police database on crime, 111 children were if a victim of rape was under 16 years of age and became pregnant, have died because registered to have died because of criminal actions in 2019. A the sentence was a 5-10 year jail term and this was amended of criminal actions review of these deaths did not reveal any cases of suicide due to to a 8-15 years jail term. Under the previous law, the crime of in 2019. depression after becoming a victim of crime but this may have satisfaction of sexual desire in an unnatural manner (Article 12.2) been a factor. Although police authorities have taken actions to committed against a child, was considered as a serious crime maintain confidentiality of personal information and identification with a 2-year jail sentence, and under the amended law, this was of crime victims, and they do not disclose this information to the increased to an 8-year jail term. Under the amended law, the act media. The Ministry of Justice and Internal Affairs reported to of inducing others to engage in prostitution is a crime and will be NHRC that their communication and advocacy work promoting punished. If a victim of this type of crime is under 18 years of age, the importance of maintaining confidentiality of personal the offense will be considered as a human trafficking case.245 This information on child victims of crime was included in the training is based on the concept that sexual crimes against children are curriculum for journalists and public officials under “Unified more serious than sexual crimes against adults and therefore, knowledge, skills advancement training curriculum for police and punishment is harsher to recognize the violation of the child’s interior troops”.250 rights. Children don’t have the ability to protect themselves against stronger adults, therefore, sexual crimes against children Witness protection can cause more serious damage and consequences than against adults. Staff of the General Police Agency referred 8 child victims of sexual exploitation to psychological, social and medical services Children in contact with law, child victims and child and MoJI contracted several NGOs to provide protection witnesses and sheltering services for 12 victims. The Mongolian Gender Equality Centre NGO provided assistance to 1 victim of labour

In 2019, 30,800 people were victimized as a result of crimes, and 247 Defendant is a suspect who may be charged in a criminal case launched according of these, 1,598 (5.2%) were children under 18 years of age.246 to Criminal case law 248 Ibid, NSO, Social and Economic Situation in Mongolia, 2019, page 46. 249 NSO, number, gender, age, year category of persons convicted by court -2018 and 2019./ https://www.1212.mn/tables.aspx?tbl_id=DT_ NSO_2300_008V1&CR008_select_all=0&CR008SingleSelect=_2&YearY_select_ 245 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, all=0&YearYSingleSelect=_2019_2018&viewtype=table/ 2020, page 118. 250 NHRC, 19th Presentation on Human Rights and Freedom Situation in Mongolia, 246 NSO, Social and Economic Situation in Mongolia, 2019, page 46. 2020, page 116.

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exploitation and 38 victims of sexual exploitation. Of these, training for 177 state defense lawyers to enhance their knowledge all adult victims were women. The 6 child victims of sexual and skills, promote newly approved laws and procedures, and exploitation included 1 boy and 5 girls.251 advance professional legal qualifications.254

FCYD of Ulaanbaatar City Municipality implemented concrete An amendment to the Law on Legal Assistance is being actions to develop social and psychological rehabilitation developed calling for legal assistance for the following persons: services for child-victims of violence that meet international victims of crimes against sexual inviolability and sexual freedom standards, and in 2019 itprovided advocatingservices for of persons under 18 years of age, victims of domestic violence, 19 children, psychological services for 48 children and legal as well as suspect, defendant, accused, who cannot afford legal counselling for 56 children, acted as legal representatives of fees, individuals who filed for child alimony but cannot afford 32 children, and referred 30 children to defense lawyers in the court fees, individuals whose right to own land was violated and During 2016- 2019, capital city252. cannot afford court fees, children at risk according to the Law on the Mongolian Child Protection, elders, individuals who have lost the ability to Bar Association Article 3 of the Procedure for Paid Forensics Services was work, female and male heads of households with many children, amended to “underage persons shall receive services free of foreign citizens and stateless persons. 255 Currently, there is no successfully charge” and Article 5 of “autopsy” of Forensic Service Payment research on the use of state defense lawyers by defendants who organized training which said “autopsy (0-18 years of age) service fee is 30,000 cannot afford a private lawyer, or on the outcomes of such cases, for 177 state MNT” was revoked. This change was approved by Joint Order the percentage of cases decided favourably or unfavourably defense lawyers No.A/263, A/406, 321 of MoJIA, MoH and MoF dated October for defendants, or how successful the defense lawyer was at to enhance 31, 2017. Also, if a child at risk receives healthcare services, it representing the client. It is good progress that people who their knowledge is free of charge, and usual delays of healthcare institutions are cannot afford legal services, now have the opportunity to be waived.253 represented by a lawyer, however, there is a need to evaluate and and skills, monitor their effectiveness and impartiality. promote newly The Legal Assistance Centre that provides legal services for approved laws defendants who can’t afford legal fees, is working in 21 aimags, The NHRC, in its 19th Presentation on the Human Rights and procedures, 8 districts of Ulaanbaatar and 2 soums with large populations, and Freedom Situation in Mongolia, mentioned the positive and advance a total of 31 branches staffed with 52 state defense lawyers and developments of government organizations such as Ministry professional legal 7 legal assistants. Of the 6,689 accused of crimes, 6,019 cases of Health, Ministry of Labour and Social Protection and were resolved pre-court or in court during 2016-2019, 846 their subordinate agencies in paying attention to providing qualifications. were under-aged children and 1,253 were illiterate, 309 had psychological rehabilitation for child-victims of violence, but a disability, 4 were Mongolian citizens without a permanent despite that, there is a shortage of qualified personnel required residential address, and 13 were foreign citizens. During 2016- to deliver comprehensive, international standard services, and a 2019, the Mongolian Bar Association successfully organized need to re-train current staff.

251 2019 Trafficking in Persons Report, 20 June, 2019, /https://mn.usembassy.gov/mn/ our-relationship-mn/official-reports-mn/2019-trafficking-in-persons-report-mn/ 252 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 2020, page 105. 254 UPR- 3rd Report on Human Rights Situation in Mongolia (draft), page 25. 253 Ibid, page 106. 255 Ibid- UPR- 3rd Report on Human Rights Situation in Mongolia (draft), page 25.

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Law on protection of witness and victim and its prosecutors, 6 witnesses, 39 victims, 17 associated persons, a implementation total of 65 individuals. It also provided psychological counselling for 7 individuals including 5 individuals in protection, 2 individuals According to the current Law on Protection of Witness and who asked for counselling, legal counselling for 8 individuals, Victim: witness256 and victim257 are understood as defined in took 1 individual into psychological protection, provided health criminal case law and the objective of this law is to provide a assistance for 2 victims in protection, psychological services for all legal basis for the protection of the life and health of witnesses citizens taken into protection, and twice provided psychological 259 and victims and provision of information and support while their support in court. criminal case is being resolved. The law encompasses two kinds of protection measures: security and psychological protection. In 2019, the General Police Agency organized 144 security and protection measures as mandated under Article 10.1.8 of The Witness and Victim Protection Department of the General the Law on Police Service, and in accordance with orders by Police Agency reports on implementation of the Law on a relevant officials, protected 134 witnesses and victims from monthly, quarterly and annual basis via the online site of the possible attacks. The Witness and Victim Protection Department General Police Agency, and this offers an opportunity for the also organized 26 trainings for personnel of police agencies to public to review and assess the implementation of this law. improve their knowledge and capacity to protect witnesses and victims, and enrolled 938 police staff and personnel in these 260 The Witness and Victim Protection Department was established trainings . in 2016 and was mandated to protect witnesses and victims as st described in the Law on Protection of Witness and Victim. The According to police reports, in the 1 quarter of 2020, 41 security department ensures security, protection and support of witnesses and protection measures as outlined in the Law on Witness and and victims on the direction of the court and prosecutor during Victim Protection were undertaken, and 30 people were taken 261 criminal case hearings. It also runs a 24 hour helpline 92020606, into protection to ensure their safety. 92120606 that offers advice and information to the public.258 Article 2 of Resolution No.210 of the Government of Mongolia According to this department’s reports, in 2018, the Police dated May 29, 2019 assigned the Minister of Labour and Social organized 51 security and protection measures to protect Protection to have the National Council for Children approved witnesses and victims including: 31 forewarnings, 3 restrictions an inter-sectoral action plan to be implemented within the of certain actions, 9 physical protections, 1 maintenance of framework of Child Development and Protection Year and to confidentiality, 4 provisions of special equipment, 3 temporary monitor its implementation. The Minister assigned members secure accommodations, and protected security for 1 judge, 2 of the National Council for Children and aimag and capital city Governors to approve sub-action plans for each sector 256 Article 9.6.1 of the Criminal Case Law-person who knows about circumstances and ensure their implementation. Further, Resolution No.02 of important for resolving of criminal case 257 Article 8.1.1 of the Criminal Case Law -Individual, legal entity harmed, injured in the National Council for Children in 2019 approved the 2019- health, other freedoms and suffered material and non-material damages as result of crime 259 GPA, online site - http://police.gov.mn/p/3783 258 GPA, online site, senior specialist of the witness and victim protection department, 260 GPA, online site - http://police.gov.mn/p/3802 police captain Sh.Shinebayar’s interview. / http://police.gov.mn/p/3791/ 261 GPA, online site - http://police.gov.mn/p/3812

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2020 inter-sectoral child development and protection action offenders over the previous 3 years. The following activities were plan. Under this action plan for the 1st-4th quarters of 2020, the implemented under the framework of the project:265 methodology for assessing psychological damage of child-victims • identified the geographic locations of risks, where of sexual crimes and crimes against personal inviolability was children are vulnerable to crimes and offenses across enhanced, as was legal regulation of long-term psychological and the nation, and developed routines and work hours for health rehabilitation treatment.262 “Child Protector” patrols by each khoroo and bagh, and provided recommendations and instructions for As for implementation of above resolution, the Ministry of police inspectors of given territorial units as well as Justice and Internal Affairs included an article to clarify the senior specialists and experts on prevention of domestic issue of estimating child psychological damage in the Law on violations and child crimes, and delivered information to Forensic Analysis. It stated that “the method to estimate child 123,200 pupils of 454 schools, 20,900 parents, and 3,400 psychological damage can be specifically indicated”263. teachers and staff. • organized 8- hour package training to provide knowledge MoJIA drafted an amendment to the Law on Witness and Victim on child crime and offense prevention for child protection Protection and submitted it to the Parliament of Mongolia staff and enrolled 194 staff members of 40 units. Child in September, 2019. This draft law included regulations on protector patrol worked in 1,550 routes according to developing standards for the protection of underage witnesses overlapped figures between May and December, 2019, and victims and services and support to meet their learning and ensured the security of 150,259 children, reported needs, in accordance with recommendations in the 19th report of on 12 children, victims of violence, to MDTs, and helped NHRC on the Human Rights and Freedom Situation in Mongolia. 79 children who were lost, 183 underage children who were going without adult supervision during snow and Other than article 26.3 of the draft amendment to the Law dust storms on their way home. on Forensic Analysis which states that a “Cabinet member in • prevented 128 cases where children could have died, charge of legal and health issues and the Chief State Prosecutor and stopped 161 offenses where people smoked in shall jointly approve a procedure to estimate psychological unauthorized locations and disturbed public order; damage”, no information is available about how the cost of non- also reported 188 offenses such as cyber game without economic damage caused by crime is included in relevant laws permits and drunkenness on the street to police and and regulations.264 supported them.266

MLSP financed the 702.3 million MNT required to implement the “Child Protector” project in 152 khoroos of the capital city and soums of 21 aimags in 2019. The project was based on data and information about crimes committed by children and child

262 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 2020, page 104. 265 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 263 Ibid, NHRC, 19th Presentation on the Human Rights and Freedom Situation in 2020, page 107. Mongolia, 2020, page 104. 266 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 264 Ibid as above, page 135. 2020, page 107-108.

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Child labour

Children working from a very young age and participating in activities that hinder their physical, intellectual, social and educational development are classified as child labourers.267

Research about child labourers in Mongolia is insufficient and recently has not been done at all, so no quantitative research or data are available about child labourers. For example, the NSO has quantitative data on 5-17 year-old child labourers only from 2011, 2006 and 2002.268 Children working The 2016 survey, Mongolia Policy Brief: Child Labour, the most from a very recent survey on child labour In Mongolia, found that 10% of young age and children aged 5 to 17 (over 56,000 children) performed child participating in labour, particularly in the agriculture sector, but also in horse activities that hinder racing, construction and mining. Hazardous work is especially their physical, common in construction and mining, with over half of the 15 to 17 year-olds in these sectors performing such work. More intellectual, social children in rural areas than urban areas are engaged in child and educational labour, as are more children from poorer households. Boys development are face a higher risk of child labour than girls, leading to gender classified as child inequality in education outcomes, but girls tended to bear a labourers. significantly higher burden in relation to household chores. Data collection and monitoring posed significant problems, as Some families are complicit in subjecting children to sex employers were not required to keep a register of workers trafficking and forced labour. Traffickers force Mongolian girls under 18 years of age.269 to work as contortionists, often under contractual agreements signed by their parents, primarily in Mongolia and Turkey, and to a According to the Trafficking in Persons Report 2019, some lesser extent in Hong Kong and Singapore. Mongolian boys are at children are forced to beg, steal, or work in other informal high risk of forced labour and sex trafficking under visa regimes sectors of the economy, such as horseracing, herding and animal that enable them to work indefinitely as horse jockeys and circus husbandry, scavenging on garbage dumps, and in construction. performers across the Chinese border, provided they return with a chaperone every six months; these facilitated transits also 267 UNICEF, Mongolia Social Indicator sample survey-2018-consolidated report, 270 page 228. makes them more vulnerable to trafficking. 268 Mongolian Statistical Information Service 269 Mongolia Police Brief: Child Labour, 2016, page 1. / https://www.ilo.org/wcmsp5/ groups/public/---asia/---ro-bangkok/---ilo-beijing/documents/publication/ 270 2019 Trafficking in Persons Report, 20 June, 2019, /https://mn.usembassy.gov/mn/ wcms_508366.pdf/ our-relationship-mn/official-reports-mn/2019-trafficking-in-persons-report-mn/

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There is no monitoring, inspection or research on these children, and development. It prohibits them from working with certain therefore, situations where the rights of child-victims of the substances, such as dangerous chemicals and flammable materials, worst forms of child labour, forced labour, labour exploitation, lifting loads above a certain weight (dependent on gender and and human trafficking are not protected. Preventative measures age) and working in certain proscribed occupations.275 must be taken in these areas, such as quarterly monitoring and inspection of child labour, especially the worst forms of child Despite child labour contributing to a short-term increase in labour, and labour exploitation, resolve infringements and, in household income, it can perpetuate poverty in the long-term by Some family the case of criminal offenses, report to police, and restore and reduced accumulation of human capital. Lower school enrolment members are protect the rights of child-victims. and higher dropout rates are common among child workers, complicit in especially in rural areas of Mongolia, where the number of out– Under Mongolian labour laws, children under 15 are not of-school children is several times higher than in urban areas. subjecting children 271 permitted to be employed , 15 year-old children may enter Although many children combine school and work, working can to sex trafficking into a contract of employment for the purpose of acquiring adversely affect their education and reduces the time available and forced labour. vocational training and work experience, but only with the for home study and leisure. Moreover, most child labour outside consent of his or her parents or guardians and the State the agriculture sector involves unskilled work, which does not 272 administration, and a person who has reached 16 years of develop new skills or enhance children’s future earnings. Lack age has the right to enter employment without consent of his or of human capital not only affects individual households, but also 273 her legal guardian. However, Article 71 of the Law on Labour social development on a national scale. Gender inequality in concerning “reduction of work hours”, says that the starting education to which child labour clearly contributes, also has this 274 age of employees is from 14 in article 71.1 an inconsistency effect.276 that causes confusion with understanding the law. The Law on Labour further limits children’s working hours according to As outlined in Article 3 of the Worst Forms of Child Labour their age and prohibits them from working overtime, or on Convention 182 of the International Labour Organization, the public holidays or weekends. In February 2016, the Minister of term shall apply to: (a) all forms of slavery or practices similar to Labour approved an updated list of jobs prohibited for minors slavery, such as the sale and trafficking of children, debt bondage by Order No.A/36. Applicable to both formal and informal and serfdom and forced or compulsory labour, including forced sectors, it forbids children under 18 from working in jobs and or compulsory recruitment of children for use in armed conflict; under conditions harmful to their lives, health, ethics, safety (b) the use, procuring or offering of a child for prostitution, for the

271 Article 109.6 of the Labour Law- except otherwise provided in articles 109.1, production of pornography or for pornographic performances; 109.3 of this law prohibits signing a labour contract with underage minors. (c) the use, procuring or offering of a child for illicit activities, in 272 Article 109.3 of the Labour Law- a person who has reached 15 years of age may enter into a contract of employment for the purpose of acquiring vocational particular for the production and trafficking of drugs as defined training and work experience, but only with the consent of his/her parents or guardians and State administration. 275 Ibid, Mongolia Policy Brief: Child Labour, 2016, page 2-3. / https://www.ilo.org/ 273 Article 109.1 of the Labour Law- A person who reached 16 years of age has a wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-beijing/documents/publication/ right to conclude a contract of employment. wcms_508366.pdf/ 274 Articles 71.1- 71.1 of the Labour Law. The hours of work per week of employees 276 Ibid, Mongolia Policy Brief: Child Labour, 2016, page 5. / https://www.ilo.org/ 14 to 15 years of age shall not exceed 30 hours, and for employees 16 to 17 wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-beijing/documents/publication/ years of age and differently abled employees shall not exceed 36 hours. wcms_508366.pdf/

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in the relevant international treaties; (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.277

The list of jobs prohibited for minors approved by Order no. A/36 of the Minister of MLSP in 2016 includes artisanal mining, extraction of precious and semi-precious stones and other minerals, assisting in mining operations. The Procedure for Artisanal Mining Extraction by the Minister of Mining and Heavy Industry in 2017 includes a clause that states that artisanal miners shall be Mongolian citizens who have reached the age of 18. The draft amendment to the Law on Labour includes an article that sets the minimum age for engaging in light work at 13-15 years old to align with the age of basic education in compliance with International Labour Conventions 138 and 182, and requires a child rights inspector to issue a permit to allow child participation in cultural and sports performances and advertising.278

Child jockeys

The ILO approved the “Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016” in 2006 and acknowledged that effective elimination of the worst forms child labour should complement national efforts and may, as appropriate, be developed and implemented in consultation with employers’ and workers’ organizations.279 The Government of Mongolia approved a National program with Resolution No.303 in 2011 that aimed to completely eliminate the worst forms of child labour by 2016 through prohibition and restriction of the worst forms of child labour, and by intensifying measures to combat it in all sectors in accordance with ILO convention 182. However, despite some progress, the worst forms of child labour 277 “Article 2 of the ILO 182 Convention for Elimination of the Worst Forms of Child Labour. /http://www.mfa.gov.mn/wp-content/uploads/2015/06/21-huuhdiin- 279 Attachment of Resolution no.303 by Government in 2011 “National Program for hudulmuriin-tevchishgiu-helber.pdf/ elimination of Worst Forms of Child Labour”. /https://www.legalinfo.mn/annex/ 278 UPR- 3rd Report on Human Rights Situation in Mongolia (draft), page 19. details/2937?lawid=7722/

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have not yet been fully eliminated. The last update to the list of worked to implement the protective clothing and equipment jobs prohibited for minors, approved by the Minister of Labour standard MNS 6264:2018. As a result of implementing Resolution in 2016,280 bans children from participating in horse races from No. 57 of the Government of Mongolia on “measures relating 1 November to 1 May, the most dangerous time of the year to horse races” dated January 30, 2019, 172 horse races were in Mongolia’s cold climate. However, child jockeys aged 7 and organized in 2019, 2.8 times fewer than the previous year, and older can participate in horse races during the summer Naadam the number of child jockeys falling off their horses decreased by festivals.281 213 down to 448. As well, working with insurance companies led to an increase in accident insurance compensation for child In 2018, the National Standards Council updated previous standard jockeys from 5 million MNT to 20 million MNT. In 2018, the 86 MNS 6264: 2011 and approved the standard “Requirements for child jockeys injured received 49.5 million MNT, and in 2019, 121 protective clothing and equipment for child jockeys for national child jockeys received 186.6 million MNT in accident insurance horse races MNS 6264:2018 ”. However, according to 2017- payouts.283 2018 monitoring and inspections by the General Agency for Specialized Inspections (GASI), 71,121 child jockeys rode in a Government Resolution No.19 in 2018,284 allowed child jockeys total of 121,450 horse races and of these, 942 child jockeys over 12 years of age to participate in horse races from the first of fell off their horses, 22 child jockeys were injured, and 1 child the lunar month of spring, until May 1, overturning the previous became disabled. During the 2018 Summer Naadam festival, the ban on child jockeys racing in spring. This revised resolution following infringements were discovered: 336 child jockeys had came under strong criticism for allowing children to engage in no safety helmet, 183 child jockeys had no protective clothing, one of the worst forms of child labour and failing to protect the 330 child jockeys had no horse safety equipment, 4,771 did not rights of child jockeys. sign the tripartite agreement, and 1,174 child jockeys were not insured. Also, 52 child jockeys under the age of 7 were prevented As a result of public criticism, the government revoked Resolution from participating in horse races. In 2018, no deaths of child No.19 of 2018 and approved Resolution No.57 later in 2018285 jockeys due to falling off a horse were recorded and the number that again prohibited horse races from November 1 until May 1 of cases of child jockeys falling off a horse decreased by 282, and every year. No horse races were organized from November 1, the number of child jockeys with mild injuries decreased by 39 2019 to May 1, 2020 in accordance with this resolution. Analysis in comparison with 2017. The key factor in the decline in falls of clinical research as well as records of injuries treated at and injuries was the appropriate use of approved standard of hospitals and medical centres, the risks child jockeys face include protective clothing and equipment by child jockeys.282 head, brain and bone injuries, hypothermia, respiratory diseases, concussion, internal injuries, eye infections,286 and shaking during In 2019, a total of 10,235 child jockeys were registered using bio- the race can cause kidney related diseases, such as kidney scanning in order to improve registration of child jockeys, and inflammation, urinal defects such as urinating blood, anury or strangury, kidney stones and kidney disorders. Participating in 280 https://www.legalinfo.mn/annex/details/7183?lawid=11791 281 Mongolia Policy Brief: Child Labour, 2016, page 3. / https://www.ilo.org/wcmsp5/ 283 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, groups/public/---asia/---ro-bangkok/---ilo-beijing/documents/publication/ 2020, page 117. wcms_508366.pdf/ 284 https://www.legalinfo.mn/law/details/13178 282 GASI Report, excerpts from interview with P.Khorloo, head of Social Protection 285 https://www.legalinfo.mn/law/details/14014?lawid=14014 department of GASI /http://home.inspection.gov.mn/news/247/single/1831/ 286 “The Rights of Child Jockeys in Spring Horse Racing” research report, page 12.

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horse races without a proper saddle or a traditional belt for a deel (traditional clothing), increases the risk of child jockeys experiencing shaking during races, and the risk of shaking increases when galloping hard on icy and frozen soil during spring races. Kidney related disorders normally do not emerge immediately in childhood, but slowly develop into chronic health problems when a child becomes an adult. Boys are at risk of painful testicles and infertility in adulthood, and girls are at risk of a damaged hymen.287

The ILO Committee of Experts on the Application of Conventions and Recommendations made a direct appeal to the Government of Mongolia to implement Convention 182 for elimination of worst forms of child labour in relation to horse racing. The Committee noted that child jockeying was inherently dangerous to the health and safety of children, and urged the Government to take further steps to ensure that no child under 18 was employed as a jockey under hazardous circumstances that are detrimental to their health and safety.288

Child jockeys are aged from 6 to 16, when children are unable to represent themselves and properly negotiate with others, parents, mostly from low income households, and horse trainers take advantage of this, negotiating and making agreements between each other about hiring children as jockeys. In most cases, the As there is no common standard, the way horse races are money is paid directly to the parents, and many households rely organized varies from place to place across different aimags. on such income. Often child jockeys are given petty rewards There is no universal standard for the type or quality of such as candy, juices and huushuur (fried dumplings), or at most, protective equipment, and the capacity of the people responsible stationery or other school related items. In this way, children for managing the equipment is often limited. This allows mistakes engaged in horse racing in extremely difficult conditions are when putting on and adjusting equipment at the start of the race, clearly being exploited.289 and often results in chaos, with children falling off their horses en masse and being injured. As well, many vehicles race alongside the horse race, causing large amounts of dust to whirl up, considerably limiting visibility and making it difficult, sometimes impossible, for child jockeys to control their horses and stay on 287 Ibid, “The Rights of Child Jockeys in Spring Horse Racing” research report, page 22. the track. The volume of dust exacerbates the dangers, and could 288 Ibid, “The Rights of Child Jockeys in Spring Horse Racing” research report, page 7. 289 Ibid, “The Rights of Child Jockeys in Spring Horse Racing” research report, page 32. also lead to child jockeys to a danger of being hit by a car, suffer

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from respiratory diseases, and be susceptible to eye and ear parents and guardians, 53 to temporary shelters under AFCYD’s infections.290When child jockeys are injured, horse trainers and Child Helpline-108, 2 to MDTs. parents tend not to take it seriously and only negotiate medical costs as there are no legal regulations to determine breaches Also under the framework of the campaign, a 350,000 MNT fine and punish perpetrators, and this alone constitutes a serious was imposed on each of 3 cyber game cafés who were serving violation of the rights of child jockeys.291 underage persons and working overtime, a total of 1,290,000 MNT in fines were imposed on 5 parents who neglected their Unsupervised children children according to Law on Infringements.292

151 unsupervised children have been registered across the In 2019, the Minister of Labour, Social Protection and the nation. 10 homeless families were observed, and from these, 19 Governor of Ulaanbaatar inspected the situation of child children were accommodated at one-window service centres labourers that work at the Ulaanchuluut rubbish dump site and temporary shelters for a period ranging from one week in Songinokhairkhan district and Narantuul Market, and then to a month, and enrolled in psychological and health programs, approved and implemented a Joint Order and Directive A/343, child protection and social welfare services, and 48 hour training A/1207 to protect “the Rights of Target group Children”. As a for alcohol-addicted parents provided. Aimag and district result, activities to protect rights of children living on the street governor’s offices, police departments, FCYD departments were organized on a quarterly basis in Ulaanbaatar and children and other agencies worked together to conduct 95 check- referred to child protection,social and psychological support ups and inspections in locations where unsupervised children services, family reintegration, health and educational services. or children under weak supervision and at risk, were begging, picking up recycleables or vagrant. The children were provided A centralized database on child rights and child protection with response services, and those responsible for infringing the actions would help to coordinate activities across sectors. For law held accountable under the framework of a unified campaign example, in reports provided by MoJIA and MLSP, information “Discovery-2019” to implement the government Standard on the number of unsupervised children found under the “common requirements for alternative child care services MNS “Discovery-2019” campaign differed between the two, activities 5852-2017”. During the campaign, 623 children were found were categorized and described differently, making it difficult to and registered, including 188 children likely to be unsupervised produce a consistent report.293 by parents or guardians, 274 children under weak supervision, 106 child labourers, 16 child peddlers, 20 beggars, 11 homeless vagabonds. Of these children, 457 were boys and 166 were girls, 48 were under 7, 180 were 8-13 years of age, and 261 children were 14-17 years of age. All of these children were provided with response services and accommodation: 3 of the children were handed over to the special Child and Youth Training Centre of Ulaanbaatar Council, 62 to FCYD district departments, 296 to 292 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 290 Ibid, “The Rights of Child Jockeys in Spring Horse Racing” research report, page 20. 2020, page 113. 291 Ibid, “The Rights of Child Jockeys in Spring Horse Racing” research report, page 14 293 Ibid, page 114.

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Sub-section conclusion

The number of crimes against children and by children has been increasing. Current structures in place to address these issues needs to be strengthened, such as the state child rights inspectors, the juvenile justice board, the department to prevent children from crimes, by intensifying their activities, increasing the number of professional personnel, and reaching out to individual target children.

It is critical to undertake a regular survey/investigation of child employment to keep abreast of the current situation, and to pay particular attention to the prevention of children being engaged in the worst forms of child labour.

Duty bearers must focus on implementing best practice policies that protect and develop children at risk, such as child offenders,child witnesses and child victims of crime, unsupervised children, child labourers, and ensure they are rehabilitated, educated, supported to live independently, employed and employable.

Child protection in family setting

As of 2019, 897,850 households were registered in Mongolia.294 Of these, 291,085 or 32,4% lives in rural area, 606,765 or 67,6% live in urban areas. In 2018, this figure was 894,496 and each household had 3.5-6 members, 33% of total households lived in rural areas, 67% lived in urban areas, and 54.4% were mobile.295

294 Mongolian Statistical Information Service 295 Draft program to support family development, 2018

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Table 22. Number of households by region and aimag Table 24. Number of marriages and divorces Aimag Location 2017 2018 2019 Family status 2017 2018 2019 National Urban area 584,520 590,371 606,765 Marriage 20470 21020 20043 average Aimag 301,119 304,125 291,085 Divorce 3945 4201 4262 Total 885,639 894,496 897,850 Source: Mongolian Statistical Information Service, Number of Marriage and Source: Mongolian Statistical Information Service Divorce

Table 23. Number of households by region and aimag, capital city, In the 1st quarter of 2019, cases resolved by Family Law accounted migration increase/decrease for 9.1% of civil cases. Out of 877 cases resolved, 61.5% were National 2017 2018 2019 divorces, 25.9% were child alimony requests. The number of average Location Increase/ Increase/ Increase/ children approved to receive alimony was 596 and recently, the decrease decrease decrease number of requests for child alimony has been steadily rising.299 Urban area 2,761 5,851 16,394 Aimag 13,029 3,006 -13,040 Source: Mongolian Statistical Information Service Figure no.7. Resolving of cases according to Family Law.

Resolving of cases according to Family law-as of 1st quarter of 2019 Every year, about 20,500 couples marry and 4,000 divorce in Mongolia. In 2018, 4,201 divorces were registered, including 2,528 Others 27

or 60,2% in urban areas, 1,673 or 39,8% in rural areas. In 2019, a Consider marriage and divorce as invalid 10

total of 4,262 divorces were registered, including 2,713 or 63,7% Child alimony 296 in urban areas, 1,549 or 36,3% in rural areas. The number of Deprivation of parental rights 4

divorces in 2019 increased by 61 more than in 2018. Higher Determine paternity 70

divorce rates have led to an increase of integrated, one-sided Divorce case 539 households as well as female, male and child headed households. 0 100 200 300 400 500 600

The main causes for divorce were loss of trust (54%), financial Series 1 difficulties (47.3%), domestic violence (41.3%).297 Also, inadequate family education, alcoholism, working and living abroad far from Table 25. Number of children living in Mongolia, by age group families also resulted in divorces. Bagh, Khoroo Age group 2017 2018 2019 National 0-4 380,751 380,751 383,557 Causes of dysfunctional family relationships and divorce include 5-9 335,472 355,993 367,100 employment and financial issues, conflict of opinions, alcoholism, violence, misunderstandings, and jealousy. Family and relationship 10-14 230,263 250,032 273,230 education and counselling services need to be made more 15-19 232,063 224,539 216,153 readily available by government to help resolve complicated Total 0-18 1,178,549 1,211,315 1,240,040 family relationships.298 Source: Mongolian Statistical Information Service

296 Mongolian Statistical Information Service 299 Court Research and Information Training Institute, Consolidated Report 297 Draft Program to Support Family Development, 2018; Introduction of Amendment of Mongolian Court Trial Processes-2019 https://drive.google.com/file/ to the Law on Family, 2019 d/1vcgQDKYh3Bo-RNHYJdWM3r91Izcybsf_/view 298 Ministry of Labour and Social Protection. About Draft Law on Family http://www. mlsp.gov.mn/nnews/478 228 229 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

Rape of young children in domestic environment is usually disguised, leading to continuation over long periods of time.301 According to the survey “Rape and Murder of Young Children”referred to above, cases of young child-victims of attack by family members or relatives notifying others immediately was 23.5% of all victims in 2019 who sought protection from the police, which is very noteworthy. Unless a victim became pregnant, was infected with an STD, or the perpetrator caught in action, the majority of victims didn’t report to the police.

The reasons for not reporting abuse for a long time were as follows: 40.4% came under pressure, 20.3% were deceived, 17% worried about other family members, 19.1% didn’t understand sexual relations. The survey found that victims immediately reported rape by strangers to neighbours, parents or friends.302 But this type of crime mostly occurs in domestic settings, especially in the child’s own home or the home of close relatives, In 2018, World Vision Mongolia, together with the Social Policy where the child’s right to health and security is not guaranteed. Research Institute NGO, carried out a survey “Mongolian Family For example, 38.2% of cases of rape of an underage child and 40% Issues, Needs, Service Alternatives” as part of a pilot program to of murders of children occurred at the victim’s home, and 30.9% support families. A total 42,970 households were surveyed. The of cases of rape of underage children, and 27.5% of murders of breakdown of households was nuclear families 42.8%, integrated young children occurred at the homes of relatives and friends of or blended families 24.4%, families with many children 17.9%, the parents.303 single-parent families 7.2%, single-person households 2.2%, domestic partnerships 4.3%, childless families 1.2%. In terms of Although family issues are private, the government needs to the age/stage of the familes, 35.6% were young, 51.1% middle- regulate state support and protection of the family, the primary aged, and 13.3% were older.300 social unit, by ensuring the stability and capacity of the agency responsible for family education and family services to guarantee According to a survey “Rape and Murder of Young Children” by the rights of children in the family, clear definitions of the rights a joint team of lecturers and professors of the University of and responsibilities of participants, rigorous accountability, and Interior Affairs and the Police Academy in 2019, 2.9% of all child legal regulation of adoption of Mongolian children by foreign

rape victims were raped by their parents, and cases of parents 301 Ibid murdering their own child accounted for 42.2% of murders of 302 S.Gantulga: Hidden Rape of Young Children In Domestic Environment Leads to Repetition of the Crime. UB.,2020 http://www.zaluucom.mn/read/488c3f35c?fbc young children. lid=IwAR1nrVBoGCfpf-aSHTGhRuS263yjUjUYLmmZ2TkXsW0e5OKT3E9Cwr WfeMc 300 AFCYD “Results of Mongolian Family Issues, Needs, Service Alternatives” survey 303 Ibid

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families, and family relationships involving foreign citizens and stateless persons.304

MLSP together with the Mongolian National Broadcaster has recently launched “MNB Family”, an educational TV channel to support the development of children, families and youth that Emotional provides essential information, health advice, entertainment, abandonment history, traditional culture and customs, and legal information.305 is a form of It now remains to be seen how effectively this one-stop source neglect. Neglect of family education will avoid past mistakes. is a form of AFCYD started implementing the “Alcoholism-free Ulaanbaatar” abuse. Emotional program in 2020. It will take measures to prevent drunkenness abandonment at home and in other places. This is intended to help resolve the occurs when most serious violations of child rights related to drunkenness.306 parents are physically present Article 25.2 of the Law on Combatting Domestic Violence on the role of the state says it will have “a unit consisting of but emotionally qualified police personnel within the local police force, based absent. There on local population numbers and the public order situation”. In are there and not accordance with this clause, the department to combat domestic there at the same violence was formed in 2019 with Order No. A/301 by the head In the first the 2 months of 2020, 170 crimes of domestic violence time. This form of of the General Police Agency and is now working with 4 staff were registered across the nation. Calls to the Child Helpline-108 were 34.2% higher than at the same time in the previous year as neglect negatively members. This department offers an opportunity to enhance public perceptions about domestic violence and its harmful the COVID-19 pandemic emerged, and schools, kindergartens impacts a child’s impacts, and raise awareness of the need to eliminate hidden and people’s movements were restricted. Analysis of these calls self-esteem. family crimes, so that people can better protect themselves and shows increased domestic violence, neglect, and abandonment their loved ones.307 of children during the daytime. Police also reported increased drunkenness at home.308

During the period of restricted movement and quarantine 304 Ministry of Labour and Social Protection. About amendment to Family Law http:// related to COVID-19 pandemic, cases of domestic violence, www.mlsp.gov.mn/nnews/478 309 305 Ministry of Labour and Social Protection. Special TV channel for children and family especially reports of child abuse is on the rise. will be opened soon http://www.mlsp.gov.mn/nnews/708 306 N.Manduul, Acting Head of AFCYD. https://montsame.mn/en/read/216311 307 Interview with E.Bayarbayasgalan, Police Major, Head of Department to Combat 308 Interview with J.Azjargal, Senior specialist of Child Right Policy Implementation with Domestic Violence of AFCYD http://police.gov.mn/a/5012 309 Ibid http://www.fcy.gov.mn/news/136

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with 2019 1st quarter data shows that although number of total calls decreased by 25.8%, the number of cases opened went up by 13,8%, and the number of cases under review went up by 38.2%.311

Domestic environment of children with disability

Although disability can be experienced by any family, poverty and disability are strongly interlinked: poverty may increase the likelihood of disability and may also be a consequence of disability. Pregnant women living in poverty may experience poor health, a restricted diet, and exposure to toxins and environmental pollutants, all of which can have a direct effect on fetal development. Children living in poverty are more likely to experience developmental delays than children from higher socio- economic backgrounds because they are disproportionately exposed to a wide range of risks. These include: inadequate nutrition; poor sanitation and hygiene; exposure to infection and illness; lack of access to health care; inadequate housing In the first quarter of 2020 alone, the Child Helpline 108at or homelessness; inadequate child care; exposure to violence, Family, child, youth development agency received total 27,050 neglect and abuse; increased maternal stress and depression; 310 calls are broken down as follows: institutionalization; and inadequate stimulation. 1. 4,456 child protection calls 2. 157 child rights violation calls In the first quarter There is also evidence to suggest that children with disabilities 3. 1,283 calls asking counseling and their families are more likely to experience economic and of 2020, the Child 4. 8,177 calls asking for information and inquiry Helpline 108 at social disadvantage than those without disability. Disability can 5. 241 non target calls (address, location, phone inquiry, contribute to increased household poverty as parents take time Authority for entertainment, movie times away from income-generating activities, siblings leave school to Family, Child and care for a sibling with a disability, and families struggle to meet Youth Development Of the 4,456 child protection calls, 1,326 cases were opened the additional costs associated with disability, such as health and received total for children whose rights had been violated and children living rehabilitation care and transportation.312 27,050 calls at risk, and they received child protection response services. 252 cases were successfully resolved, and 1.074 are still being serviced and monitored. Comparison of 2020 1st quarter data 311 Also Ibid http://www.fcy.gov.mn/news/136 312 Open Society Forum. Early Childhood Development and Disability: Discussion Paper https://apps.who.int/iris/bitstream/handle/10665/75355/9789997332028_ 310 Ibid http://www.fcy.gov.mn/news/136 mon.pdf?sequence=9&isAllowed=y

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Research agencies made the common observation that living 31 childcare centres across the country. This number included standards of households with a member with disability are lower both child victims of abuse and orphans, as AFCYD does not than in other developing countries. In this sense, elimination disaggregate the data further.315 of poverty and starvation, increased opportunities for flexible employment and earned income, equal access to health care Adoption literacy services are imperative if Mongolia is ensure the rights of disabled persons as described in the Sustainable Development About 1,500 - 1,600 children are adopted annually by Mongolian Goals.313 citizens. Currently, there is no legal requirement for monitoring of domestic adoption and it is a positive development that the Deprivation of parental rights, Reintegration of child proposed amendment to the Family Law includes provisions with family that comply with international standard and requirements for domestic adoption.316 Mongolian Family Law states that parental rights shall be deprived A total of 270 under following circumstances: Mongolian However, Mongolia’s practices for international adoption follow international conventions and agreements. In 1999, Mongolia 1. Parents who misuse their parental rights, abandon a children have child, deliberately lose, torture, sell, take hostage, use ratified the Hague Convention on the Protection of Children as prostitute, use for greed, involve in illegal actions, or been adopted in and Co-operation in Respect of Intercountry Adoption which repeatedly treat a child cruelly; 17 countries of was concluded in 1993. Since 1999, international adoption of 2. Parents who force a child to have sexual intercourse, the world. Mongolian children is regulated by Mongolian family law based on or place a child under heavy psychological burden and this Convention. In 2000, the first Mongolian child was adopted pressure, abroad. Since then, a total of 270 Mongolian children have been 3. Parents who deliberately avoid their responsibility to adopted in 17 countries of the world.317 bring up a child, 4. Parents who regularly use drugs and alcohol. Table No.26. Total number of adopted children Age group 2018 2019 Any parents, guardians, custodians and institutions that protect Up to 3 years 704 819 the rights and interests of a child can file a petition to terminate 3-6 402 349 parental rights to the relevant court of the district where parents 7-9 142 163 reside The court shall deliver its decision on deprivation of Above 10 301 336 parental rights to the state administration in charge of registration Source: Mongolian Statistical information Service within 3 working days of it becoming effective.314According to AFCYD, in November, 2019, there were 1,067 children living in

313 ” Initiative, experience, lessons learned by Government of Mongolia focused on ensuring rights of disabled persons under Sustainable Development Goals” 315 Mongolia 2019 Human Rights Report https://mn.usembassy.gov/mn/our- presentation by S.Chinzorig, Parliament member, Cabinet Member, Minister of relationship-mn/official-reports-mn/2019-human-rights-report/ Labour and Social Protection and Head of National Committee to Organize the 316 Draft Amendment to Family Law-2019 http://forum.parliament.mn/projects/561 Congress 317 Child adoption report by Ministry of Labour and Social Protection 2019 http:// 314 www.legalinfo.mn eagle.mn/r/65526

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Under the regulations of the Adoption Council, a report on child Social welfare of children with disability adaptation, growth and development is to be delivered every six months for 0-3 year-old children, every year for 4-8 year-olds, There is a subsidy for transportation of children with disability and every two years for children aged 8-16. Reports should be and their guardian to and from school and kindergarten, or to delivered by the adoptive family, or authorized licensed agency to provide them with a transportation bus.320 MLSP and Agency in charge of Foreign Citizens and Citizenships. As of 2019, no reports concerning child rights violations or A.Under this subsidy, two-way transportation cost of children other family issues related to adopted Mongolian children with disability from rural ares studying in Ulaanbaatar and aimag were received. Families that adopted the children delivered centres shall be provided with one off local public transportation reports on time recording the development and success of costs. the children, family holidays etc. illustrated with photos. Under this regulation, Mongolian diplomatic missions abroad are also B. The monetary allowance set by the government shall be given obliged to monitor the circumstances of adopted Mongolian once a year to the individual who takes the person with disability children. Adoptive parents are also obliged to keep their adopted to study at PSE institution, GES, Vocational schools, universities children informed about their biological parents and their native and colleges in the capital and aimag centre. country.318 If a child with disability requires treatment and care at a domestic Children in foster care and welfare centres minerals resort centre, 50% of one-way transportation cost will be reimbursed once a year.321 864 children are living in 28 centres operated in Ulaanbaatar by 17 Child welfare organizations.319 If a child with disability goes to a children’s summer camp, 50% of the camp costs shall be reimbursed once a year.322 Table No.27. Number of full-orphan and semi-orphan children Number of semi- Table 28. Contractors that provide specialized care services Number of full-orphan children orphan children Contractors that provide specialized care services Locations 2018 2019 2018 2019 1 Batgerelt ireedui NGO Care centre for disabled people National 3,122 3,116 33,322 33,254 2 Achlalt Huuhduud NGO Care centre for disabled people Ulaanbaatar 1,399 1,424 11,676 11,670 Source: General Agency for Labour Welfare Services Source: Mongolian Statistical Information Service

318 interview on Child adoption by N.Bayarmaa, Head of child, youth, elder, family development department of the Population development agency undr Ministry of 320 Online site of General Agency for Labour Welfare Services http://hudulmur-halamj. Labour and Social Protection http://eagle.mn/r/65526 gov.mn/content/62 319 2020 report by Child, family Development Agency of the capital city http://child. 321 Ibid gov.mn/?p=35578 322 Ibid

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Social welfare services for disabled people Social development services • Persons with disability have the right to access the Adults and children with disability can also access the following following assistance and subsidies according to the Law 3 services: on the Right of People with Disability. 1. Food support for household and individual requiring • People with disability are eligible for community-based welfare assistance welfare services and currently they are included in the 2. Educational support in the form of free textbooks target group for accessing 9 types of services as indicated 3. Health support by the government covering health in Article 18 of the Law on Social Welfare. insurance savings

Specialized care service Subsidy and assistance • Under specialized care services indicated in Article 19, 1/ One-off, once a year monetary assistance is given for a single disabled person who is unable to live alone and apartment utility costs of children with disability under requires care and assistance but has no one to look 16 years of age, individuals who have visual and hearing after them, is enrolled in a specialized care service, impairments, dwarfism or who have lost the ability to accommodated, given food, personal care and social work and requires constant care; this covers the purchase welfare services. of fuel if they live in dwelling or ger not connected to centralized heating; 2/ 100% reimbursement for replacement of a domestically made prosthetic limb for children under 18 years of age after expiry and outgrowth; 3/ A once-in- 3 year reimbursement for the cost of a domestically made prosthetic limb for a person who doesn’t qualify for a prosthetic limb and rehabilitation subsidy through an insurance fund for occupational accidents and disease; 4/ 100% reimbursement once every three years for the cost of a domestically made prosthetic limb, and purchase of orthopedic equipment and wheelchairs of children under 18, and persons who do not qualify for prosthetic limb and rehabilitation subsidy through insurance fund for occupational accidents and diseases once every 3 years.323

323 MLSP, Issues, Policy and Activities about Disabled Persons file:///C:/Users/User/ Downloads/Documents/20180514_02.pdf

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agency of government under the portfolio of the Minister of Labour and Social Protection. The new agency is focused on implementation of relevant laws and resolutions relating to the Convention on Human Rights and the Rights of Persons with Disability, to ensure inter-sectoral coordination, support development and social participation by these citizens, promote community-based development and change public perceptions about disabled persons.325

In 2018, 3.3% of the total population, 103,600 people, had a disability. Only 28% of 15-59 years old people in this group were employed. As well, 42% of this group had a congenital disability, therefore, one of the goals of this agency is to improve early detection of conditions that result in disability.326

On March 25-27, 2019, the second module of training on the theme ”training of guide-police to communicate with disabled persons” was delivered at the central training centre of Police and Interior Troops together with the General Authority for Development of Disabled Persons under the framework of the “2020 action plan of irregular council for the rights of people International domestic experiences and practices show that with disability” under the Ministry of Justice and Internal Affairs. participation by people with disability is more effective and open 23 police personnel from rural police departments and units through their NGOs. In 2018, about 600 NGOs representing participated in this training and learned skills to receive and the rights and protectin of people with disability have been resolve complaints and provide to people with disability, provide registered in Mongolia. On the one hand, it demonstrates civil assistance and use basic sign language.327 society and NGOs capacity to partner for development, on the other, NGOs need to consider how this potential can be focused to reach the goals of people with disability.324

The regular cabinet meeting on August 16, 2018 approved 325 MLSP, Clear indication government is paying attention to issues of disabled persons a resolution to establish the General Authority for the http://www.mlsp.gov.mn/nnews/547 326 General Agency for Development of Disabled Persons has been established http:// Development of People with Disability, an implementation unuudur.mn 324 MLSP, Clear indication government is paying attention to issues of disabled persons 327 “Training of guide-police to communicate with disabled persons was held https:// http://www.mlsp.gov.mn/nnews/547 police.gov.mn/a/4340

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Conflict of duties

Sociologist Robert Merton, wrote that people experience strain and conflict of interests while fulfilling several duties. (Merton, 1949). It is common for a person to experience conflict between their job and their family duties. When these become a pressure, both institutions start to decline. Institutions taking care of the families of employees is a social policy that helps rectify this It should be situation. Employer support for families is an investment in work possible to enable productivity. One example is offering kindergarten for children of railway employees. family-friendly employment As low incomes fail to meet family expenses, work hours policies to increase, parents spend more and more time at work, family time reconcile the together diminishes, and children crave more time with their divided interests family. Although parents are working abroad, for example, in of employment and South Korea, or in aimags remote from home, they are working for their family and children, but in reality, they are also separated family. from their children and family life.

The current inequitable financial system leads to breakdown in family time and often long separations. It should be possible to enable family-friendly employment policies to reconcile the divided interests of employment and family. The regulatory framework for reintegration of children with their family, deprivation and limitation of parental rights also need Sub-section conclusion to be more clearly defined. It is also of the utmost importance to continue to work on best practices and methodology for Family stability and ensuring the rights of children in family developing independent living skills, social skills, knowledge and settings have become critical issues. Attempts to strengthen the awareness of children living in welfare care centres. national child protection system without efficient mechanisms to solve the underlying causes of domestic violence against children Article 5.4. of the Mongolian Child Protection Law states that may lead to the collapse of system and place children at greater “Parents, legal guardians, relatives, teachers, shall use non-violent risk. Therefore, there is a need for more research to understand educational approaches to raise, educate, care for and protect the nature of domestic violence, the motives of perpetrators, children”. However, this clause is not implemented. In another the causes the spread of the violence to inform best practices word, statistical data of General Police Agency shows that some in response services and behavior-change and awareness raising. parents, guardians, relatives and teachers flagrantly disregard the law and continue to violate the rights of their children. Therefore,

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the government needs to take actions to raise people’s awareness of non-violent approaches to raising their children and to include ANALYSIS OF CROSS-CUTTING FACTORS these in its “Family Development Policy”. AND ACTORS Current Child Protection and Child Rights Laws, the proposed amendment to the Family Law, and the draft program to support State inspector of child rights family development all call for mandatory training of parents who have committed any type of violence against children, As defined in article 4.1.7 of the Child Protection Law, a Child however, solution-based approaches for working with them is Rights official is understood to be an official authorized as a State very unclear. For instance, if a child is neglected because parents Inspector of Child Rights. The Law on Child Rights regulates are unemployed and poor, the state has no recourse except requirements for the inspectors. As outlined in Article 20 of this deprivation of parental rights. Law, a cabinet member in charge of child and family development issues shall be nominated as Chief State Inspector of Child Rights The Law on Child Protection states that “in all possible cases, and trained personnel specialized in child rights and protection children shall be reintegrated with their family”, and the proposed shall be authorized as state inspectors in the field. amendment to the Family Law adds “unless returning the child to the parents is in conflict with his/her interests and rights.” State inspectors need to have completed training on child rights These clauses raise uncertainty among parents, and may create and protection, have at least 5 years of working experience in ambiguities for courts and other authorities. this area, and a university education majoring in humanitarian and social sciences. Staff authorized as state inspectors shall be Divorce, family instability, inadequate care and supervision mandated to perform their duty under the law to investigate and by parents and guardians, domestic violence, alcoholism and resolve offenses against children and ensure implementation of extramarital affairs are the main causes of murder and rape of laws and regulations. young children. Article 11.9 of this law says that if reports and information appear to be child rights infringements, the inspectors shall resolve them according to relevant legislation. As outlined in Article 1.8.6.26 of the Law on Investigating and Resolving Infringements, the state inspector of child rights has the authority to resolve infringements as indicated in Article 6.20 Of that Law, Article 10.23 of the Law on Services Caring for Children, Article 15.2.1 on non-compliance with a decision of a public official and hindering his/her performance.

In addition, state inspectors of child rights are mandated to perform many responsibilities related to implementation of

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Resolving child rights infringements

Mechanisms to report Child Rights infringements, crimes and risks and the authority for public officials to resolve these cases are mainly included in the Laws on Child Rights, Child Protection, Law on Infringements, Law on Investigation of infringements, Criminal Law, Criminal Investigation law, Civil Law, Civil Case Trial Law, and Administrative Case Trial Law.

As outlined in the Law on Child Rights,328 if a child considers his/her rights have been violated, they can file a complaint and petition himself/herself, or, parents, guardians and other individuals and organizations to protect their rights in accordance with legislation. This means that anybody can report child rights violations regardless of his/her status.

As defined in the Law on Child Protection329, persons mandated to receive tipoffs and identify and investigate violations are social workers, child rights officials, and law enforcement personnel. 330 As defined by this Law, the 24-hour Child Helpline-108 is mandated to receive information about child rights violation and to report it to relevant authorities.

If the received information is construed as child rights violations, the child rights official will resolve it according to the regulations attached to infringement investigation and resolution.331 If it has child rights as outlined in the Law on Child Protection. These criminal characteristics, the police will treat the case according are: conduct situational assessment; MDT and social worker to their mandate under the Law on Criminal Investigation and shall offer proposals and conclusions to ensure child security Resolution.332 and alternative services for child at risk; monitor implementation of decisions made; support child at risk; monitor implementation If the information received has no characteristics of infringement of referral service; support authorized staff and personnel under or crime, but a child is at risk, a social worker alone or together the law and if refused to provide referral services and other with the MDT shall visit the location and resolve it.333 required services, child rights official shall note it down and 328 Article 19 of the Child Protectin Law report it to branch civil service council and professional ethics 329 Article 11 of the Child Protectin Law committee for resolution; organize and monitor service for child 330 Article 11.1 of the Child Protectin Law 331 Article 11. 9 of the Child Protectin Law reintegration with family. 332 Article 11.10 of the Child Protectin Law 333 Article 11.8 of the Child Protection Law 248 249 CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA CHILD RIGHTS SITUATIONAL ANALYSIS 2020 MONGOLIA

Child Poverty Situation In addition to implementing income poverty reduction measures, it is necessary to take other courses of action to interrupt the 28.9% of all Mongolian children live in poor households, and cycle of generational poverty and resolve the critical issues that account for 46.0% of all people living below the poverty line.334 obstruct children from growing up to be healthy, competitive, contributing citizens.336 Table 30. Child income and multidimensional poverty analysis

- Climate change

Mongolia has a harsh extreme continental climate with four Age range seasons. The windiest season is in April and May. The coldest line (%) tion (%) time of year is January and hottest is July. Over the last 70-year have income have Child housing Children aged aged Children below poverty poverty below deprivation (%) 0-17 who live in 0-17 who live Child sanitation households that Facility depriva Facility period, the annual mean air temperature has increased by 2.24 0-2 years 32 77 degrees Celcius and evaporation has increased on the steppe 3-5 years 78 76 28.9 and Gobi desert by 3-10%, and in the forest-steppe rand high 6-14 years 38 13 mountain regions by 10-15%. Frequency of dangerous natural 5-17 years 15 12 phenomena such as drought, Dzud, blizzard, dust and snow Source: Multidimensional Overlapping Deprivation Analysis of Children, 2016 storm, heavy downpour, and flash flooding has doubled in the last 20 years, causing enormous economic damage. If the current According to the “Multidimensional Overlapping Deprivation pace of environmental deterioration caused by climate warming Analysis of Children” done by the NSO in 2016, one out of every and human activity continues, the risk of adverse impacts on four children between 0-23 months of age (25.9%) experiences sustainable economic development, the health of the population, three types of deprivations simultaneously, and one out of every and living standards, and further large ecological disasters will ten children lack parental care. The most common overlapping escalate. deprivations for young children were water, hygiene, housing, and nutritional food. According to projections, the annual mean temperature of the country will increase by 2.1-3.00 degrees Celcius by mid-21st The child poverty rate expressed through deprivations is century and by 3.1-5.00 Celcius by the end of the century. Mean relatively higher in soum centres and rural areas, especially in warming intensity will be 2-3 times greater than 20th century Western and Khangai regions. It was common for children to intensity, and from 2030 precipitation will increase 6-15%, up to experience 4-5 types of deprivation at the same time in other 7-15% during the winter, until 2050, when it will jump by another places as well, except Ulaanbaatar. Also children whose mothers 50% after that. Scientists predict that warming will intensify had a low educational level, children from families with many evaporation and desertification, and growth in surface evaporation children or from herder families were more likely to be poor. will be 6-10 times higher than growth in precipitation.Permafrost The school enrollment rate of 12-17 years old children from thawing and glacier melting will be accelerated because of 335 poor households was very low at 67%. warming. The thickness of the Tsambagarav glacier is projected

334 National Program on Child Development and Protection, 2017 336 Ts.Enkhnasan, Head of Social Policy Program of UNICEF, “70% of children under 5 335 Draft Program to Support Family Development, 2018 years of age experience 4 types of deprivations at the same time”, 2016

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to be reduced by 50 cm by 2040, by 100cm by 2050-2060, by 200cm by 2070-2080. Water resources of rivers that start from the slopes of the Altai and Khangai mountain ranges will likely increase because of thawing of the permafrost layer in the first half of the century, however, will decrease after that. Overheating in summer and increased snow in the coldest months of winter will elevate the risk of Dzud and environmental conditions for herding pastureland livestock will be very difficult.

Wheat harvests could drop by 15.0% on average in the central agricultural regions during 2011-2030. There is a high risk of new, unknown diseases being transmitted from warm countries, and climate warming could cause loss of food security in Mongolia climate change adaptation measures are being implemented and that will have adverse impacts on human health. greenhouse gas mitigation actions commenced.

Because of intense evaporation, many rivers, creeks, ponds, In 2017-2021 the following initiatives should be implemented or and lakes have dried up and disappeared, yields of pastureland launched: establish a reservoir to collect water from the Arctic vegetation have decreased, and some types of vegetation have Ocean; expand and set up rainwater catchment ponds to collect become scarce. As pastureland deteriorates and the number of snow and rain water; centralized management of river source and extremely hot days increase, livestock animals are not growing basins involving large rivers; expand full protection, rehabilitation, fat enough, and as they get smaller, their ability to withstand dzud nursery of forest reserves to increase their capacity to absorb disaster is decreasing. There are some positive developments GHG; expand measures to mitigate land deterioration and caused by climate warming, such as the capacity to cultivate desertification; support expansion of protection and adaptation warm region plants in some areas and on some land that was not of biological diversity from climate change in special protected arable because of the cold climate, reduced period of heating, areas of local communities; continuous implementation of less building insultation, savings on energy, shorter periods of livestock husbandry management policy on climate change freezing on rivers and lakes, but the overall impact on Mongolia adaptation; expansion of irrigated crop farming based on water is likely to be negative.337 efficiency and soil protection technology adapted to evaporation; strengthen system for prevention of dangerous phenomena In 2011, Mongolia approved the National Action Programme on from the atmosphere; expand flood protection dams, channel Climate Change to be implemented in two phases from 2011 and engineer infrastructure, and develop and implement a water to 2021. In the first phase 2011-2016, the national mitigation recycling technological solution for urban areas; reduce GHG and adaptation capacity was strengthened; the legal environment, emissions in stages and transition to an economy that uses less structure, institutional and management system was set up, and carbon through the introduction of environmentally friendly community and public awareness and participation in change technology, enhance production and consumption efficiency and 338 activities was improved. In the second phase 2017-2021, productivity. 337 National Action Programme on Climate Change, 2011 338 National Action Programme on Climate Change, 2011

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Child rights and protection during disaster, emergency were disaster proof; 51.0% of schools and 60.0% of dormitories did not have entrances and exits suitable for children with disabilities; Over the last few decades, the loss of health and life aof humans and 80.0% of school roads put the health and lives of children at risk; numerous animals has become common because of the increased the level of knowledge of teachers, pupils and parents concerning frequency and type of disasters. Children are more prone to be the standard activities that need to be undertaken during disasters affected by physical injuries, mental crisis, separation from parents, was barely 50.0%.341 abanondment, exploitation and gender-based violence during disasters and emergency situations.339 Although the majority of schools have disaster preparedness plans, in practice they do not have sufficient budget to implement Mongolia has adopted the Sendai Framework for Disaster Risk them. They have neither a plan nor the budget to provide Reduction, the Paris Agreement on Climate Change, the Mongolian ongoing or compensatory education services during or after Sustainable Development Vision 2030, 2016 Law on Child Protection emergencies.342 Effective organization of continuing education and the 2017 Revised Law on Disaster Protection. While these services and compensatory education programs during disasters provide solid legislation and policies for disaster management, and emergencies would make an immeasurable contribution to the Education sector is still not satisfactorily prepared to provide the long-term wellbeing of children by minimising the risk of their continued education in safe and protected environments during lagging behind in their studies or dropping out of school. While it is disasters.340 a legal requirement to include child representatives of every age and children with disability in the process of developing risk assessments A Comprehensive School Safety Baseline Assessment in Mongolia and preparedness plans, their participation has been inconcsistent.343 (2018) involving 96 public schools of 7 aimags and 8 districts of As well, the Revised Law on Disaster Protection states that “...the Ulaanbaatar found that 52.0% of schools and 26.0% of dormitories state and local administrative organizations shall allocate 1% of their exceeded standard capacity; only 27.0% of educational facilities annual budget to disaster risk reduction activities” but in reality this obligation has not been met effectively, particularly by local 339 GoM, National Policy Conference “Comprehensive Safety of General Education Schools and Kindergartens”. 2016 government. 340 Save the Children and World Vision Mongolia, A Comprehensive School Safety Baseline Assessment in Mongolia, Unpublished, 2017; Save the Children, “Compensatory Education Program for Children of Herder Households Affected by Zud” Project, 2018 There is a pressing need for national policies and activities directed at coping with ever increasing disasters, particularly in schools and kindergartens. Currently, disaster risk reduction (DRR) is not a compulsory part of the school curriculum but it is vital that DRR be incorporated into their learning programs. All staff and students need to collaborate on disaster readiness plans to ensure that all children become familiar with essential lifesaving DRR activities. It is also vital that local authorities meet their legal requirement to allocate funds to DRR activities in schools and kindergartens.

341 Ibid 342 Ibid 343 Ibid

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Online child protection

Along with ever-increasing use of computers and smart phones in Mongolia, the number of registered cybercrimes is also on the rise: 97 in 2016, 195 in 2017, 659 in 2018, and 384 in the first 5 months of 2019, a total of 1,335 cybercrimes. Most victims were women and underage children and were caused by a lack of knowledge about cybercrime and poor supervision of young children. Cybercrime is a transnational Article 26 of the Mongolian Criminal Law relating to cybercrimes organized crime states that “a monetary fine equivalent to 2,700-40,000 units or that causes an restriction of travel for a 1-5 year period, or 6 months to 12 year average of more imprisonment shall be imposed for illegal cyber-attacks, creation or than $1 billion US sale of software programs and devices to attack online networks, creation, use or distribution of harmful software programs”. damage to the world economy Cybercrime is a transnational organized crime that causes annually. an average of more than $1 billion US damage to the world economy annually. The number of people committing this crime is increasing every year and the methods of crime are becoming the Communications Regulatory Authority, the Mongolian more sophisticated. It is possible to prevent this crime by gaining Association of TV Channels, the Mongolian Media Council signed understanding and knowledge cybercrime and its characteristics a Memorandum of Understanding on Cybersecurity and are and technological methods used by criminals.344 working to implement it.346

A draft is being developed on the “Direction for Child Protection In order to reduce cyberspace influence and violence, Police in Cyberspace” that aims to prevent the risks of adverse online organized comprehensive public campaigns “Right Reflection”, information on the health, physical, intellectual and moral “Discovery”, “New School Year” at national level, and 3 development of children in Mongolia.345 comprehensive “Cybergame” inspections and check-ups, as well as taking 78 partial measures at district level, holding 92 crime The NHRC’s 19th presentation on the Human Rights and prevention trainings, 22 meetings, 5 events, 4 discussions for 213 Freedom Situation in Mongolia mentions that MECSS, MLSP, businesses and units engaged in cybergames, involving a total of the Communications and Information Technology Authority, 12,310 individuals across these activities.

344 Internet site of General Intelligence Agency of Mongolia-Facts about Cybercrime, 2020.2.14.- https://gia.gov.mn/49/item/643 345 NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 346 Ibid, NHRC, 19th Presentation on the Human Rights and Freedom Situation in 2020, page 111. Mongolia, 2020, page 111.

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These police campaigns also distributed 464 handout materials, • 9.4% of LGBT children experienced some grave physical 2,706 posters, 15,363 leaflets to warn public about the harmful violence because of their sexual orientation and gender effects of cybergames and give appropriate legal information, and identity; organized 92 trainings at GESs and cybergame venues for 4,520 • 45.2% of LGBT children faced discrimination, violence or Public children.347 ostracism at home; campaign “Let’s • 13% of LGBT children had negative experiences disseminate what The General Police Agency together with UNICEF and Faro from health professionals (especially mental health is right” on the Foundation Mongolia NGO organized the public campaign professionals) after coming out to them as being LGBT; “Let’s disseminate what is right” on the appropriate use of social • 21% of LGBT children had access to some level of appropriate use media by children and adolescents for in October, 2019. This information on sexual orientation in the education of social media campaign on appropriate online use and cybersecurity, produced context; by children and more than 40 posters, 18 video lessons, 12 infomercials and • Only 1 in 19 LGBT children felt safe to express their adolescents held other information kits that were distributed through marketing identities in their homes; in 2019. channels of more than 10 government and private sector • Only 2 in 19 LGBT children felt safe to express their organizations.348 identities to friends and peers. Advocacy and LGBT Children communication Parents, educational and healthcare staff and the society in activities are general have little understanding of sexuality and gender minorities, comprehensive information regarding sexuality and All forms of discrimination are prohibited by Mongolia’s needed, focused domestic legislation and the international human rights sexual orientation is not made available in school programs, and conventions and treaties that it is party to. The revised Criminal on changing neither school regulations nor Teachers’ and Social Workers’ Law of 2015 prohibited discrimination on the basis of sex and attitudes, non- Ethics address hate speech and hate crimes. Accordingly, it is sexual orientation, but a 2017 review of their situation found discrimination and common for LGBT children to be perceived as people with that lesbian, gay, bisexual and transgender (LGBT) children in understanding of mental disorders or ‘abnormal people’ by the society. Mongolia still experienced pressure, discrimination, harassment the issues faced by 349 Consequently, they have a higher risk of developing mental and bullying in all social environments. Some findings are as LGBT children, for follows: disorders, suicidal thoughts and dependence on psychotropic • 79.0% of LGBT children faced some form of discrimination the promotion of substances and alcohol, and live under constant mental pressure or ostracism because of their sexual orientation and democratic values and physical threat.350 Advocacy and communication activities gender identity; and human rights. are needed, focused on changing attitudes, non-discrimination and understanding of the issues faced by LGBT children, for the promotion of democratic values and human rights.

347 Ibid, NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 2020, page 109-110. 348 Ibid, NHRC, 19th Presentation on the Human Rights and Freedom Situation in Mongolia, 2020, page 110. 349 LGBT Centre, LGBT Children and Adolescents in Mongolia: An overview of the Situation, 2017 350 Ibid

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Efficient allocation of funds

Any welfare policy should not create dependency on welfare. Support focused on development of competent, employed citizens with income who can live independently should be implemented with implied responsibilities.

The current market economy is applying equal distribution policies to people living in a range of socioeconomic situations which have resulted in inefficient redistribution. Moreover, these universal policies appear to be failing to support vulnerable groups. There is a need to better manage equitable distribution to achieve minimum living standards for all.

While funds have been spent on ameliorating the effects of natural and environmental disasters, it is critical that preventative measures should be taken by supporting proper livestock and grazing land management practices. These would improve not only issues of desertification, soil displacement, and climate change adaptation, but preparedness for harsh winters and Dzud.

In general, it is critical to analyze efficient usage and allocation of national and regional budgets across and within sectors in order to trim inefficient expenditure and increase investment in activities that ensure equal opportunities for all children including urban, rural poor and children with a disability that will stand them in good stead for the future. There is also a need to increase knowledge of adolescents and youth about democratic processes and participatory citizenship.

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RELATIONSHIPS 4B BETWEEN STATE, CIVIL SOCIETY AND PRIVATE SECTORS

We have looked at collaboration, participation and stakeholder responsibilities relating to the issues raised in previous sections. It should be noted that the state consistently supports a policy of working in collaboration with CSOs in the realms of child rights, protection and family support.

However, an integrated policy and associated mechanisms on issues of child rights and child protection have not yet been developed to regulate public-private partnership with the business sector. For instance, flows of internal and outbound migration privileges and support to the business sector. It emphasizes the have been increasing due to mining enterprises government’s need to consider how the sector ensures children’s and other socioeconomic factors in Mongolia, but rights, and how it can be held responsible for compensating policies have not yet been mooted, and there is no children in cases of damages being incurred to them. In short, public-private mechanism for addressing the needs of there is a need for a state leveraging mechanism to ensure the children of artisanal miners.351 rights of the child in the business sector. The 2017 Concluding Observations of the UNCRC Finally, it is extremely important to continue to cultivate cohesive, highlighted the importance of paying attention to integrated and efficient collaborations between public, private child rights when government is deciding on issuing and civil society organizations in the areas of child rights and 351 UNICEF, Mining-related In-Migration and the Impact on Children in Mongolia, 2017 child protection.

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RECOMMENDATIONS BY SAVE THE CHILDREN

Education In order to raise healthy Mongolians, it is essential that children grow up with robust fundamental knowledge of healthy living. Adolescents should have It is important to continue working in early childhood development and pre- access to health education through the school curriculum as well as through school education, contributing towards improving access and quality of pre- extra-curricular activities that develop health habits and lifestyle. school education. In particular, ensuring that the learning needs of children who are not enrolled in pre-school education services in urban areas as There is an increasing need to pay attention to possible emergencies such as well as children from herding households receive early childhood education the global COVID pandemic at the start of 2020, natural disasters and other services. Such programs need to promote parental participation in school risky situations. Disaster risk reduction (DRR) and contingency planning for readiness, improve understanding of the long term benefits of early childhood emergencies are vital in the education sector to protect children. SC could education, and adopt innovative and sustainable approaches to inclusion of contribute to improving sector-wide consultation, contingency planning, and vulnerable children. systemic monitoring and review of DRR actions in schools that ensure swift and effective protection of children during emergencies. Further interventions are needed to support the right to education of children with disability by implementing regulations on mainstreaming children Health and Nutrition with disability in public general secondary schools. Education services need to strengthen the flow of information and collaboration between sectors, Most of the health care budget is spent on operating costs and on expensive conduct awareness raising for teachers, students and the wider school diagnoses and treatment of late-stage diseases, in spite of the high prevalence communites to reduce discrimination, promote inclusion and provide learning of preventable diseases such as dental caries, overweight, obesity, visual and opportunities for children with disability. It is vital that the capacity of primary hearing impairments, and accidents among children and adolescents. At the and secondary school teachers are supported to implement methodologies same time, education programs to promote healthy behaviour among children, and curricula tailored to the special needs of learners. and adolescents are limited. Save the Children could collaborate with other organizations to improve health education, disease prevention and minimize The incidence of respiratory and diarrheal infectious diseases has increased risky behavior among children and adolescents. It could also use its experience among children due to poor hygiene and inadequate sanitation in schools and in community activation to undertake advocacy, communications and training kindergartens. As the state education budget does not cover improvements activities to improve parents’ knowledge of nutrition, hygiene and sanitation to sanitary conditions in schools, improving water and sanitation conditions is and their capacity to monitor their children’s well-being. Awareness-raising another activity on which SC could collaborate in target areas. is also important in the areas of adolescent mental health, best practice in emergency situations, measures to ameliorate the effects of air pollution and the high incidence of pneumonia in winter months.

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Save the Children could also consider implementing best practices and and case management, as well as providing the necessary methodological and projects reflected in the evidence-based international INSPIRE strategy (seven practical guidelines; conduct programs to improve the capacity of local family, strategies for ending violence against children). These projects are designed child and youth departments for monitoring and supervision and managing to simultaneously improve health education, prevent violence, build life skills database information. As the formation of MDTs is a multidisciplinary and capacity of children and mothers. They involve large scale implementation arrangement, higher authorities need to prioritize the actions of MDTs in through family, community and peer-to-peer based approaches to advocacy, accordance with the UNCRC, and provide the required human resources, communications and training.352 funding and other regulatory supports. (It is currently an unfortunate practice to criticise MDTs for having too many cases when they are doing good work Civil Rights and Freedoms disclosing and managing many offenses.)

Ii is important to conduct communications and advocacy activities focused In terms of remediation, SC has also identified the need to implement best on enhancing children’s knowledge and education of democratic values and therapy practices for the rehabilitation of victims, through such programs processes through the civic eduction curriculum. Save the Children has the as positive discipline, art therapy and social circus; to build capacity of potential to promote child-friendly approaches to budget allocations, work professionals such as social workers, teachers and doctors, as well as with government and NGOs to develop indicators that measure actual parents, to provide mental health first aid to children and adolescents as child participation, as well as an Exemplary Child Participation Procedure mental health issues are increasingly being generated online, in educational to monitor and ensure social accountability. It is also crucial to develop and environments and in emergency situations; to investigate together with implement public and private sector partnership policies and mechanisms AFCYD an online information and counseling platform (to operate alongside to promote child rights and business principles in the business sector. the Child Helpline-108) that could offer counselling services to adolescents Raising human rights aweareness among children is another area where SC and youth on child rights, health and protection issues. In this regard, stronger could conduct activities that offer civic education to children, so that they links with the health sector could also be forged to build capacity for mental understand their rights and responsibilities and are aware of who to turn to health psycho-social support; to work with AFCYD to build an online platform for in case of child rights violations; Sc could also continue to initiate procedures specialists such as social workers, health workers, teachers, law enforcement officers that ensure child participation at local government level. and non-professional people to disseminate and share information, advocacy and communications, interactive training on preventing violence towards children, child Child Protection protection, detection of children affected by violence, protection measures during emergencies and issues that will help build their capacity to work with AFCYD on Save the Children will continue to work on strengthening of the child drafting the Law on Alternative Care Services for children at risk. protection system. The existing program has identified the need to institute positive discipline methodology on a national scale; conduct advocacy and Save the Children believes the following factors adversely affect strengthening communication activities on child rights appropriate to each age group; of child protection systems in other countries.These are: Non-systemic collaborate with government, non-governmental, the new media and cultural, planning and non-aligned regulation and system components, work with single religious organizations of all levels on child rights and protection; build the component outside of common systemic trend, overly ambitious or not- capacity of MDTs by providing professional and methodological support and ambitious planning, standardization of model not suitable for local context, training on case identification, developing case plans, team decision-making focus on appearance rather than quality of performance, disintegrated and incomplete system, protection against emergence of parallel or chaotic 352 WHO, INSPIRE: Seven Strategies for Ending Violence Against Children, 2016

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system, insufficient system effort to use local belief and practices as base. reduce stresses experienced by MDT members, especially of social workers, Conversely, Save the Children believes the following factors play crucial and create safety mechanisms and insurance coverage for MDT members. role in strengthening child protection system in world countries. These are: creation of legal environment, policy regulation, detailed inclusion in national Other areas that need to be engaged to strengthen MDTs: Councils for long-term plans, efficient government regulation, all-round strengthening of Children at all levels need to meet regularly with child protection MDTs social service providers, creation of local prevention and emergency response to ensure inter-disciplinary coordination and make decisions to support mechanism, local care and protection interventions, sufficient and continuous them; advise management in various sectors to prioritize the actions of child strengthening of perception, experiences and resources, creation of data- protection MDTs and support MDT staff members; it is important to create gathering system. opportunities to cooperate with other components of the system and build capacity of stakeholders, to develop public and private sector partnerships ACCORDING TO STATISTICS FROM TARGET AREAS OF THE for child protection, to create opportunity for regular cooperation with parents’ council in various organizations regarding mitigation and prevention CHILD PROTECTION PROGRAM OF THE SAVE THE CHILDREN, of violence against child, to include implementation of the rights of child in SHOW THAT THERE IS ONE MDT TO 7,740 POPULATION, the performance evaluation of governors, to consider the practice of holding MDT to administrative account when it is not performing its legal role and INCLUDING 2718 CHILDREN, 2066 HOUSEHOLDS. responsibility, to increase role, responsibility and participation of entities in education, health, social care, law, agriculture, food production and business SC considers following steps must be taken in order to enhance performance sectors in the child rights law; indicate role, responsibility and support of of Child protection MDT. These are to adopt one document standards for management of relevant sectors of child protection MDT members in the child protection case management and to ensure the state provides equal Law on Combatting Domestic Violence. opportunites for children in urban and rural areas to exercise their rights through this service; to support efforts of child protection MDTs to discover Disaster Risk Reduction child at risks and increase the budget for prevention of violence against children using innovate methods; to focus on beneficial, efficient allocation of It is important to ensure the participation of children in climate change the child protection budget and its availability; to approve the ratio of budget adaptation and disaster risk reduction, in which children can take the initiative spending for children during budget planning, enhance legal opportunity and implement a wide range of activities in cooperation with educational and and capacity to exercise independent monitoring of child-related budget emergency organizations. In doing so, it is necessary to ensure the meaningful decisions, planning and performance. Focus on readily available budget rather participation of children at all stages starting from disaster risk assessment to than “live expenditures” of operation and monitor planning, spending of monitoring and evaluation of the work implemented in the field of disaster budget; to focus on professional specialization of MDT members, especially of risk reduction. social workers, increase the number of professional staff members, enhance ethics, and support adminstrative management. It is difficult to hire social It is critical to ensure the right of children to a safe and quality education workers at local level, when the government has set very high standards for continuity in all times, before, during, and after disasters, and to intensify local recruitment through the criteria of the civil service. Save the Children comprehensive school security (CSS) efforts along with its three pillars: advises long-term cooperation with local universities to ensure sustainability safe learning facilities, school disaster management, and risk education and of the local MDTs workforce. It is important to explore HR management and resilience education. In particular, each kindergarten and school could work

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with the emergency organizations to develop a disaster preparedness plan necessary information and skills, connection to microfinance and soft loan and provide them with disaster risk reduction training content. The updated services, requisite assets, and small grants. Law on Disaster Protection stipulates that at least 1% of the annual budget of all government agencies should be spent on disaster risk reduction measures. The abovementioned livelihood-related interventions need to consider the However, the implementation of this obligation at the local level is insufficient, specific needs of each family member and to ensure that the end result is so it is possible to carry out advocacy activities to implement it. beneficial to children and meets their needs.

There is a need to focus on strengthening child protection capacity and It is necessary to influence and organize advocacy activities for decision- systems in emergencies. These include protecting children from violence, makers to support target children, adolescents and households on all aspects family tracing and reunification for separated and unaccompanied children, of child poverty.. child protection mainstreaming in other sectors such as education, health and livelihoods, and providing the technical support for continuous and effective Collaboration child protection services in emergencies. While AFCYD is our main partner, it is also necessary to collaborate with Child poverty all levels of government on individual child rights issues, in particular MECSS, MoH, MLSP, NHRC and NEMA. It is also important to collaborate with and It is critical to provide opportunities and capacity for the most deprived and help build the capacity of civil society. Working in cooperation with cultural and socio-economically vulnerable adolescent girls and boys aged 15-24 years religious organizations and the media is also vital to the success of advocacy in urban and rural areas to secure decent work and livelihoods, businesses, and communication activities, as well as to influencing their knowledge and and incomes in the future. This includes projects and programs in the areas attitudes to child rights, violence against children and supporting happy and of soft skills, entrepreneurship education, vocational training, life skills, strong families. The Women’s Group in Parliament works towards promoting apprenticeships, and job placement. women’s and children’s rights so it is vital to collaborate with them on advocacy and communication activities and to develop systematic knowledge It is recommended that short and long-term projects and programs to support and information exchanges that will help them better represent the rights and livelihoods and food security of vulnerable households be implemented by interests of Mongolian children. providing the necessary information and skills, connecting to microfinance and soft loan services, requisite assets, and small grants relevant to the target households’ situation.

In times of emergencies, it is also important to plan and implement activities to protect the livelihoods of the vulnerable and of households affected or likely to be affected by emergencies, to increase their resilience and to recover their livelihoods. These include interventions such as conditional and unconditional cash programs, distribution of food aid and food vouchers, identification of income generation opportunities through cash for work, promotion of savings, management of income and expenditure, provision of

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7. Constitution of Mongolia 41. National Program on Reduction of Air and Environmental Pollution (2017-2025), 8. Criminal Law 2017 9. Disaster Protection Law 42. National Program on the Promotion of Rights, Participation and Development of 10. Election Law and related laws People with Disabilities (2018-2022), 2017 11. Fiscal Stability Law, 2010 43. National Program to Strengthen Disaster Protection Capacity (2011-2020),2011 12. General Framework and Direction to Improve Mongolian Law until 2020, 2017 44. National Unemployment and Poverty Reduction Program (2019-2024),2019 13. Labour law 45. National Youth Development Program (2019-2022), 2019 (15-34 y.o) 14. Law on Civil Service 46. Package Law of Education 15. Law on Combatting Domestic Violence 47. Plan for Implementing the Government Action Program 2016-2020, 2016 16. Law on Court Trial of Civil Cases 48. Public Legal Education Program, (2018-2023), 2018 17. Law on Donors 49. State Policy on Population Development (2016-2025), 2016 18. Law on Family 19. Law on Health of Livestock and Animals 20. Law on Hygiene Online Databases: 21. Law on Infringements 22. Law on Pension and Benefits Provided by Social Insurance Funds 1. 5,423 Issues that Violate Public Comfort and Peace, http://www.ulaanbaatar.mn/ 23. Law on Resolving Criminal Cases Home/newsdetail?dataID=41562 24. Law on Resolving Infringements 2. Child, Family Development Agency of Ulaanbaatar City Council http://child.gov.mn 25. Law on Teacher’s Development 3. Court Research And Information Training Institute, Consolidated Report of Mongolian 26. Mongolian Sustainable Development Vision-2030, 2016 Court Trial Processes-2019 https://drive.google.com/file/d/1vcgQDKYh3Bo- 27. National Program “on Prevention of Accidents and Injury”, (2018-2022), 2018 RNHYJdWM3r91Izcybsf_/view 28. National Program on Population Food and Nutrition (2016-2025), 2015 4. Discovery-2019 Campaign by Government of Mongolia 29. National Program on Prevention and Control of Communicable Diseases (2017- 5. Eagle TV http://eagle.mn/ 2021), 2017 6. Excerpts from interviews given by project team during Project reporting event. 30. National “Environmental Health” Program (2017-2020), 2017 https://ikon.mn/n/1dyo 31. National Child Development and Protection Program (2017-2021), 2017 7. General Agency for Labour Welfare Services http://hudulmur-halamj.gov.mn 32. National Education Program (2010-2021),2010 8. General Agency for Specialized Inspection, http://home.inspection.gov.mn 33. National Gender Equality Program, (2017-2021), 2017 9. General Intelligence Agency of Mongolia https://gia.gov.mn 34. National Health Policy (2017-2026), 2017 10. Guidelines for Providing Comprehensive Development Support for Children with 35. National Maternal and Child and Reproductive Health program (2017-2021),2017 Disability, 1st appendix to joint order of Ministers of Labour, Social Protection, 36. National Program “Urbanization and Health” (2015-2020), 2019 Education, Culture, Science and Sports, Health in 2018 https://mlsp.gov.mn/uploads/ 37. National Program on “Healthy Food-Health of Mongolian People”, (2019-2023), 2019 news/files/3b7c0cd4a89b54380c5f1bea0787488c24c58abd.pdf 38. National Program on Combatting HumanTrafficking (2017-2021), 2017 11. http://forum.parliament.mn/projects/56 39. National Program on Combatting Non-Communicable Diseases (2017-2021), 2017 12. http://www.zaluucom.mn 40. National Program on Protection and Assisting Witnesses and Victims (2016- 13. https://mn.usembassy.gov/mn/our-relationship-mn/official-reports-mn/2019-human- 2024),2016 rights-report/

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14. https://montsame.mn 15. https://www.unicef.org/publications/files/Birth_Registration_11_Dec_13.pdf https://www.zasag.mn/m/ulaanbaatar/view/22114 16. Integrated Legal Information Database of the National Legal Institute of Mongolia: http://www.legalinfo.mn 17. International Labour Organisation https://www.ilo.org 18. Internet site of General Police Agency www.police.gov.mn 19. Link to Korea Herald news story, https://ikon.mn/n/1q0k 20. Metadatabase of the Ministry of Education, Culture, Science and Sports https:// mecss.gov.mn 21. Ministry of Foreign Affairs of Mongolia www.mfa.gov.mn 22. Ministry of Labour and Social Protection http://www.mlsp.gov.mn 23. Ministry of Labour and Social Protection, “Issues of Disabled People: Policy, Activities”, Ulaanbaatar, 2017. Page 37 http://www.hudulmur-halamj.gov.mn/uploads/ files/20180514_02.pdf 24. Ministry of Labour and Social Protection, “Issues of Disabled People: Policy, activities”, Ulaanbaatar, 2017. Page 37. http://www.hudulmur-halamj.gov.mn 25. Mongolia 2019 Human Rights Report, June 20, 2019, /https://mn.usembassy.gov/mn/ our-relationship-mn/official-reports-mn/2019-trafficking-in-persons-report-mn/ 26. Mongolian Statistical Information Service of National Statistical Office: http:// www.1212.mn 27. National Agency for Meteorology and Environmental Monitoring www.namem.gov. mn 28. National Emergency Management Authority, https://nema.gov.mn 29. National Standard Office https://www.nso.mn 30. Online site of the Authority for Family, Child and Youth Development http://www.fcy. gov.mn 31. Open Society Forum. Early Childhood Development and Disability-A Discussion Paper. https://apps.who.int/iris/bitstream/handle/10665/75355/9789997332028_ mon.pdf?sequence=9&isAllowed=y 32. Statistical Department under Bayan-Ulgii Aimag Governor’s Office, Population and Household Census 2019, http://www.bayan-ulgii.nso.mn/ 33. Trafficking in Persons Report, June 20, 2019,https://mn .usembassy.gov/mn 34. WHO-Open Society Forum-“Early Childhood Development and Disability” Discussion paper-https://apps.who.int/iris/bitstream/handle/10665/75355/9789997332028_ mon.pdf?sequence=9&isAllowed=y 35. World Bank https://www.worldbank.org/mn/country/mongolia/overview

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