E/C.12/MNG/CO/4
5.
The Committee notes with appreciation the following legislative and policy
measures taken by the State party:
(a)
Law on Legal Aid to Indigent Defendants (2013);
(b)
Law on Combating Human Trafficking (2012);
(c)
Law on Parliamentary Election (2012);
(d)
Gender Equality Law (2011) and its implementation strategy (2013–2016);
(e)
Law on Information Transparency and the Right to Information (2011);
(f)
National Development Strategy (2007–2021);
(g)
National Programme on Healthy Ageing and the Health of Older Persons
(2014–2020);
(h)
C.
State Policy on Education (2014).
Principal subjects of concern and recommendations
Legal reform
6.
While noting that many laws are currently under review in order to harmonize the
State party’s legislation with the Covenant, the Committee remains concerned at the slow
pace of legal reform and about the limited consultation carried out with civil society.
The Committee recommends that the State party increase its efforts in order to
finalize the legal reform process with a view to bringing its legislation into conformity
with Covenant provisions. It should also ensure the active participation of civil society
throughout the legal reform process.
National human rights institution
7.
While appreciating the improved access to the National Human Rights Commission
of Mongolia, notably at the provincial level, the Committee remains concerned about the
inadequate resources allocated to the Commission and the low level of integration of its
recommendations in the drafting of legislation (art. 2 (1)).
The Committee recommends that the State party continue strengthening the capacity
of the National Human Rights Commission of Mongolia, as well as increase its
resources with a view to ensuring its full independence in compliance with the
principles relating to the status of national institutions for the promotion and
protection of human rights (the Paris Principles). It should also reinforce the
integration of the Commission’s recommendations in the drafting of legislation.
Herders’ rights
8.
The Committee is concerned at the adverse impact of mining projects on herders’
economic, social and cultural rights and about the inadequacy of the legal framework to
protect their rights. It is particularly concerned that:
(a)
Nomadic herders’ rights to their pasture, hay land and water resources are
continuously infringed owing to mining activities on their traditional lands;
(b)
Free, prior and informed consent of herders is not obtained when licences for
mining in their traditional territory are granted;
(c)
Compensation to herders affected by mining projects is not adequate (arts. 1
(2), 2 (2), 11 and 15).
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