21st STATUS REPORT ON HUMAN RIGHTS AND FREEDOMS IN MONGOLIA

NATIONAL
HUMAN RIGHTS
COMMISSION OF
MONGOLIA
21st STATUS REPORT ON

HUMAN RIGHTS AND FREEDOMS
IN MONGOLIA
ULAANBAATAR
2023
HHA 67.3
ДАА 340.009
T-98
Paper size: 176x250

Print page: 28.0
The number of copies printed: 1000 copies
Address: 5th floor, Government building 11, Independence Square,

Chingeltei District, Ulaanbaatar, MONGOLIA
Website: http://www.nhrcm.gov.mn
E-mail: info@nhrcm.gov.mn
ISBN 978-9919-9720-6-6
Published by “Munkhiin Useg” LLC. 2023
CONTENtS
Introduction on the 21st Status report on human
rights and freedoms in Mongolia 5
CHAPTER ONE. Lessons of human rights and freedoms

learned from the COVID-19 pandemic 9
1.1 Introduction 11
1.2 Results of actions to protect human life and health from
the COVID-19 pandemic 13
1.3 Vaccination against the COVID-19 and human rights 33
1.4 Outcome and accessibility of social welfare and protection
response to the COVID-19 pandemic 41
1.5 Monitoring and analysis on decisions and activities that restrict
civil and political rights 49
1.6 Management and coordination of actions in response to
the COVID-19 pandemic, and human rights issues 59
1.7 Consequences of restriction on education for the society 73
1.8 Monitoring and analysis on 2021 regular Presidential
Election of Mongolia 81
CHAPTER TWO. Gender equality and human rights 87
2.1 Introduction 89
2.2 Women’s representation in politically-appointed positions, their
participation in decision-making level 103
2.3 Situation of workplace sexual harassment among public
administration officers 126
2.4 Implementation of Law on the Promotion of Gender Equality
by some of the governor’s offices of aimags 148
CHAPTER THREE. Some issues on the right to employment 157
3.1 Introduction 159

3.2 Harassment and violence in the world of work 162
3.3 Situation of child labor 186
3
CHAPTER FOUR. Freedom from domestic violence 219

4.2 Structure, organization, and human resource of the
multi-disciplinary team 223
4.3 Financing of the multi-disciplinary team 232
4.4 Functions and operations of the multi-disciplinary team 236
4.5 Shelter and one-stop service center 245
CHAPTER FIVE. Analysis on the situation of mistreatment

among military servicemen 251

5.2 Causes of mistreatment and influencing factors 253
5.3 Analysis on the prevention from mistreatment 274
5.4 Overview on other rights and freedoms of conscripts 281
CHAPTER SIX. Monitoring and evaluation on quality

and accessibility of healthcare and medical services 289

6.2 Healthcare services during the COVID-19 pandemic 292
6.3 Quality and accessibility of healthcare service 295
6.4 Some issues concerning mental health 322
Proposals by the National Human Rights Commission

of Mongolia submitted to the State Great Khural
for decisions 328
List of acronyms 332
4
introduction oN the 21st status report on human rights and
freedoms in mongolia
According to Article 7.1.11, Article 9.1, Article 17.1 of the Law on National
Human Rights Commission of Mongolia, and as per functions specified in
Article 15.1.4.b of the Law on the Promotion of Gender Equality, the Commission
prepares and submits to the State Great Khural the 21st Status Report on
Human Rights and Freedoms in Mongolia.
This report had been developed on the basis of surveys, monitoring and
evaluations conducted by the Commission; monitoring and inspections executed
at the initiative of the Commissioner or following up the complaints and
reports filed by citizens; official information and data provided by government
organizations; other independent researchers and sources.
The 21st Status Report on Human Rights and Freedoms has been prepared
covering the following six areas:
Chapter one. Lessons on human rights and freedoms learned from
covid-19 pandemic
The 20th Status Report on Human Rights and Freedoms in Mongolia was
been prepared under the topic “The Covid-19 Pandemic and Human Rights”,
and submitted to the State Great Khural. This report includes the analysis of
the situation transpired since April 2021, and presents the lessons concerning
the insurance and protection of human rights and freedoms that should be
learned from the experience of Mongolia undergoing the Covid-19 pandemic.
Besides fundamental human rights issues such as the results of measures
to protect human life and health from coronavirus infections, human rights
issues to be considered in relation to vaccinations, results of actions to support
livelihood of the citizens during the Covid-19 pandemic, limitation on civil
and political rights and consequences of restriction on classroom learning; this
chapter presents the results of the monitoring and analysis on the structure of
organizations in charge of coordination of public health emergency situation,
and on government actions of public relations and information. The brief
results of the monitoring of the 8th Mongolian Presidential election process,
conducted by the National Human Rights Commission, are included here as
well.
Chapter two. Gender equality and human rights
This chapter focuses on the realization and situation of as well as problems
in the guarantee of equal rights of women and men in the spheres of politics,
economy, civil service, employment, culture, education, health and family as
stipulated in the Law on the Promotion of Gender Equality.
5
It had been developed on the basis of findings of the policy research on
representation of women in the political positions, their participation at the
decision-making level, especially the survey involving women nominated to
the Citizens’ Representative Khurals; findings of the comparative study on
knowledge, attitude and practice of public administration officials on workplace
sexual harassment for the last two years; results of the monitoring on the
enforcement of the Law on the Promotion of Gender Equality conducted by
the National Human Rights Commission, and information and data provided by
relevant organizations.
Chapter three. Some matters concerning the right to employment
This chapter, covering the right to employment, presents the findings of the
research on awareness, knowledge and situation of harassment and violence
in the world of work, conducted for the surveillance purpose to determine
prevalence, forms and causes of harassment and violence in the world of work
in the public and private sectors, as well as complaint redressal; and the findings
of qualitative research on the implementation of the convention, legislations,
policies and programs concerning the elimination of the worst forms of child
labor in Mongolia that had been carried out to identify the current state of
child labor. Based on the above surveys, implementation of legislations had
been evaluated, common forms and causes of violations against the right to
employment had been analyzed, and proposals for eliminating and resolving
violations at the policy and decision-making levels had been developed.
Chapter four. On the freedom from domestic violence
In partnership with the National Center Against Violence NGO, the
National Human Rights Commission conducted monitoring and evaluation on
the operations of joint response teams, one-stop service centers and shelters
that comprise the main structure to ensure the enforcement of the Law on
Domestic Violence and the Law on Child Protection in 2021. The monitoring
and evaluation involved 40 joint response teams, 14 shelters and 7 one-stop
service centers in 21 aimags, and the brief monitoring results along with the
conclusions on problems encountered in the protection of victims of domestic
violence incorporated in this chapter.
Chapter five. Analysis on mistreatment among military servicemen
In this chapter, present situation, manifesting forms and causes of
mistreatments among military servicemen were identified on the basis of
criminal case materials and sociological survey results; activities implemented
by the armed forces, border protection and internal troops authorities for the
prevention of crimes and breaches, and for the detection and abolishment of
mistreatment were analyzed, situation of other rights and freedoms of soldiers
in conscription service was monitored, the changes were studied in comparison
and further actions were proposed.
6
Chapter six. Monitoring and evaluation on the quality and accessibility
of healthcare services
In 2021 National Human Rights Commission carried out monitoring and
evaluation on the exercise of rights to medical care and services, assessing the
factors including premises, environment, conditions of healthcare institutions,
and workload of physicians and healthcare officers that affect the quality
and accessibility of medical care and services. Also, the Commission inspected
the operations and activities of the general hospital in the Sukhbaatar district,
National Center for Mental Health, and the Burn Reconstructive Surgery
Department of National Trauma and Orthopedic Research Center. Chapter VI
of this Report briefly presents the results and outcomes of these monitoring,
evaluation and inspection.
On the grounds of provisions of Article 9 and Article 17 of the Law on
National Human Rights Commission of Mongolia and the 21st Status Report on
Human Rights and Freedoms in Mongolia, the Commission hereby submits 30
proposals to the State Great Khural for resolutions.
7
CHAPTER I
lessons of human rights
and freedoms learned from
THE covid-19 pandemic
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“The fundamental purpose of state activity is the insurance of democracy,

justice, freedom, equality, and national unity and respect of law.”
(Paragraph 2, Article 1 of the Constitution of Mongolia)
“All persons lawfully residing within Mongolia are equal before the law
and the courts.”
“No person may be discriminated on the basis of ethnic origin, language,
race, age, sex, social origin or status, property, occupation or post, religion,
opinion, or education. Everyone is a person before the law.”
(Paragraphs 1 and 2, Article 14 of the Constitution of Mongolia)
“In allowing the foreign national and stateless persons under the
jurisdiction of Mongolia to exercise basic rights and freedoms provided for
in Article 16, the State of Mongolia may establish necessary restrictions
upon the rights other than the inalienable rights spelt out in international
instruments to which Mongolia is a Party, out of the consideration of
ensuring the security of the country and population, and public order.”
“The State is responsible to the citizens for the creation of economic,
social, legal, and other guarantees ensuring human rights and freedoms, for
the prevention of violations of human rights and freedoms, and restoration
of infringed rights.”
“In case of a state of emergency or war, the human rights and freedoms
as defined by the Constitution and other laws are subject to limitation
only by a law. Such. a law may not affect the right to life, the freedom of
thought, conscience, and religion, as well as the right not to be subjected to
torture or inhuman and cruel treatment.”
“In exercising one’s rights and freedoms, one may not infringe the
national security or rights and freedoms of others or violate public order.”
(Paragraphs 1, 2 and 3, Article 19 of the Constitution of Mongolia)
10 lessons of human rights and freedoms learned from THE covid-19 pandemic
21st STATUS REPORT ON HUMAN
RIGHTS AND FREEDOMS
IN MONGOLIA
1.1 INTRODUCTION
National Human Rights Commission (NHRC) prepared and submitted to the
State Great Khural the 20th Status Report on Human Rights and Freedoms in
Mongolia under the topic “the Covid-19 Pandemic and Human Rights”1. The
20th Status Report covered the situations arisen since the world had focused
on the novel coronavirus infection and Mongolia had taken some restrictive
measures until March 2021. Situations transpired between 1 April 2021 and 15
March 2022 had been analyzed in this Chapter of the 21st Status Report with
an intention to note and outline the lessons on ensuring and protecting human
rights and freedoms that should be learned and kept from the experiences of
Mongolia, undergoing the Covid-19 pandemic.
It is stated in Article 11.6 of the Law on Prevention, Combat, and Reduction of
Social and Economic Impacts of Coronavirus (COVID-19) (Law on the COVID-19
Pandemic), “Within the power and functions, provided by the Law on National
Human Rights Commission, NHRC shall monitor the measures stipulated in
this law.” NHRC, within its power and functions, set out in Article 3.1.1. and
Article 7 of the Law on National Human Rights Commission of Mongolia,
monitored whether decisions and actions of government organizations against
the COVID-19 pandemic were in conformity with the principles of human rights
and freedoms, reported the results to the State Great Khural on timely basis2,
and terminated any violations against human rights3.
1
The 20th Status Report on Human Rights and Freedoms was discussed by the Standing Committee
on Legal Affairs of the State Great Khural on June 15, 2021 and by the regular session of the
State Great Khural on July 7, 2021, and the Resolution No.67 “On measures to take in relation to
the discussion of the 19th and 20th status reports on human rights and freedoms in Mongolia”,
was adopted by the State great Khural on July 7, 2021.
2
Through official letter No. 1/1212, dated October 28, 2021 and official letter No. 02/92, dated
January 24, 2022 NHRC reported the analysis on the situation of human rights during pandemic,
operations and activities of NHRC to the temporary committee in charge of monitoring the
enforcement of the Law on Covid-19 Pandemic of the State Great Khural.
3
Citizens filed a total of 362 complaints and reports for the period between November 2020 and
December 2021 to NHRC on human rights and freedoms, violated due to coronavirus infections.
For the same period, NHRC conducted monitoring and inspections on human rights issues
during pandemic in 53 organizations, and delivered 13 requirements and 15 recommendations
by the Commissioners, 9 proposals and 10 recommendations by NHRC to relevant organizations.
lessons of human rights and freedoms learned from THE covid-19 pandemic 11
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This Chapter of the Report elaborates the following group of issues:

First of all, the results of actions taken to protect the life and health of
people from the Covid-19 pandemic had been analyzed. The Government
of Mongolia managed to reduce the potential mortality among population
by putting significant efforts into rolling out quick vaccination. However, it
should be noted that there were human rights issues and risks associated
with vaccination. Emergency regimes had been increased 4 times and all-out
readiness had been announced, and a strict lockdown regime of 79 days had
been established for the period of two years between February 13, 2020, when
Mongolia shifted partially to heightened readiness level of emergency and
February 14, 2022, when the emergency regime was lifted. The Government had
implemented a wide range of actions to support livelihood of the population in
the time, when normal life of the population underwent changes and operations
of companies and entities were restricted, but it must be noted that there were
issues concerning sustainability, outcome and accessibility. Protection of public
health and livelihood is the positive obligation of the state to ensure human
rights, therefore it is the first group of issues addressed in this chapter.
Secondly, measures such as isolation, lockdown, quarantine, contact
tracing, control over the crowds and assemblies, prevention from the spread
of fake information, and limitation on operations of service organizations for
the purpose of protecting life from the Covid-19, had restricted the right
to personal liberty and safety, freedom of movement, freedom of thought,
opinion and expression, right to privacy protection, right to seek and receive
information, and right to education. Grounds and principles for restricting
human rights and freedoms are established by international instruments to
which Mongolia is a party, although these principles are not followed in most
cases. The state has a negative obligation to adhere strictly to the grounds and
the principles established by law when restricting human rights and freedoms
due to the pandemic. Realization of positive actions toward ensuring human
rights and negative obligations to respect human rights shall be the main
indicators of human rights and freedoms in the time of the Covid-19 pandemic.
Thirdly, government actions to coordinate and manage public health
emergency situations that became the main reason for violations against
human rights and freedoms in the time of the pandemic, emergency public
relations and information dissemination were analyzed. The Covid-19 pandemic
showed that it was important to improve general capacity of health sector,
to harmonize operations and activities of relevant sectors, to make diversity-
sensitive decisions, and to have “soft” skills to inform the public about state
policies and decisions considering the state of social psychology during the
crisis in order to overcome public health emergency situations. This lesson is
very important in preventing human rights violations and it should be kept in
the Mongolian disaster protection system.
RIGHTS AND FREEDOMS
IN MONGOLIA
Fourthly, the report covers two special human rights matters. Last year
Mongolia restricted the activities of educational institutions for 110 days, leaving
marks in the lives of 686.3 thousand children and 147.3 thousand students.
The Covid-19 pandemic clearly indicated that school is not only an institute
that provides educational services, but also the fundamental environment for
children and youths that defines their health, safety, psychology, social relations
and development. This report mapped the total social cost of school closures,
reminding the importance of looking back on the immediate restriction on
educational activities in the event of any communicable disease. Since the 8th
Presidential election of Mongolia is the special event of the reporting period,
the brief results of the monitoring conducted by NHRC on the election had
been presented in this Chapter.
1.2 results of ACTIONS to protect human life and health from

the covid-19 pandemic
Since novel coronavirus infection (the covid-19) was recorded, its variants
such as alpha, beta, gamma, delta and omicron emerged and circulated,
and unforeseeable waves of infection occurred, creating hindrances around
the world and challenging the general capacity of the health sector and the
capability of responding to emergency situations. Employing 56.5 thousand
physicians and healthcare officers, the health sector of Mongolia, which
annually spends around 7 percent of the national budget4 put significant
efforts into getting over the Covid-19 pandemic, however it had fulfilled its
obligation to protect human life and health from coronavirus infections at the
lowest possible level. It is because of the poor general capacity of the health
sector to combat against communicable diseases, instability in management
and coordination to overcome the Covid-19, inadequate internal harmony
within the sector, inefficient budget spending, insufficient efforts in reducing
the workload of physicians and healthcare officers, and the lack of capability
of taking advantage of the time for ensuring preparedness for overcoming the
pandemic.
Protection of human life and health is the first and foremost responsibility
of ensuring human rights in the time of pandemics and communicable diseases.
Paragraph 6 of Article 16 of the Constitution guarantees the right to health
protection and medical care, and paragraph 2 of Article 12 of the International
Covenant on Economic, Social and Cultural Rights defines state responsibility
as “to prevent, treat and control epidemic, endemic, occupational and other
diseases; and to create conditions which would assure to all medical service
and medical attention in the event of sickness.” With reference to this provision
of the International Covenant on Economic, Social and Cultural Rights, UN
4
Share of health sector expenditure in the national budget was 8 percent in 2018, 7.2 percent
in 2019, and 5.6 percent in 2020, which means annual health expenditure takes up average 7
percent of the national budget. Mongolian Statistical Information Service, NSO.
<https://www.1212.mn/tables.aspx?TBL_ID=DT_NSO_2100_030V1>
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Committee on Economic, Social and Cultural Rights advised the states

“to create a system of urgent medical care in cases of accidents, epidemics
and similar health hazards, and to provide disaster relief and humanitarian
assistance in emergency situations.”5
Globally, as of 15 March 2022, there have been 456 million confirmed
cases of the Covid-19, including 6.05 million deaths6. As of the same day
in Mongolia, there were 940,997 confirmed cases, including 2,105 deaths7.
Globally, deaths caused by the Covid-19 pandemic per one million population
was 790,6, and 646 in Mongolia8. The ratio between confirmed cases and
deaths was 0.24, which ranked Mongolia 175th out of 196 countries9.
Figure 1.1 The ratio between Covid-19 confirmed cases and deaths,
by countries
About 78.4 percent (1,680 persons) of persons who died of the Covid-19
had pre-existing health conditions or chronic illness, of whom 75.4 percent
(1,267 persons) had cardiovascular disease10. In Mongolia, the first imported the
COVID-19 case was reported on 10 March 2020, and the first locally transmitted
case on 11 November 2020, and the country had been hit by four the Covid-19
waves. At high socio-economic cost Mongolia managed to contain the local
spread of the Covid-19 for a longer period, and immediately vaccinated its
population, which was effective in protecting the life of the people.
5
General Comment No.14 of the UN Committee on Economic, Social and Cultural Rights, (11
August 2000, UN Doc E/C.12/2000/4), paragraph 16.
6
WHO, “COVID-19 dashboard” (as of 15 March 2022) <https://covid19.who.int/>.
7
Statistical data of 16 March 2022 of the Communicable disease surveillance unit of NCCD
8
<https://www.worldometers.info/coronavirus/>
9
Statistical data as of March 28, 2022 from Johns Hopkins Coronavirus Resource Center website
<https://coronavirus.jhu.edu/map.html>
10
Statistical data of 16 March 2022 of the Communicable disease surveillance unit of NCCD
RIGHTS AND FREEDOMS
IN MONGOLIA
Table 1.1 Detailed information on the Covid-19 confirmed cases,

including death11
Duration of cyclicity Confirmed Of which: Death at

Indicators Death
(approx.) cases Male Female home
1st wave 2020.02 2021.05 50,485 24,233 26,252 195 17
2nd wave 2021.05 2021.08 182,180 87,446 94,734 612 12
3rd wave 2021.08 2021.12 490,569 235,473 255,096 1194 46
4th wave 2022.01 2022.03 217,763 104,114 113,649 104 0
Total 940,997 451,266 489,731 2,105 75
Table 1.2 Detailed information on the Covid-19 confirmed cases, including

death (cont.)
Age groups Aimag
Capital
Indicators and local
0-9 10-17 18-39 40-59 60-79 79+ city
areas
Confirmed
115,288 92,218 380,231 238,322 96,078 18,860 526,560 414,437
cases
1st wave 5,133 4,381 33,453 27,610 9,787 3,893 43,362 7,123
2nd wave 20,108 16,218 71,246 42,497 17,236 2,875 124,690 57,490
3rd wave 52,636 45,171 199,305 114,530 46,436 6,769 242,382 248,187
4th wave 37,411 26,448 76,227 53,685 22,619 5,323 116,126 101,637
Total 115,288 92,218 380,231 238,322 96,078 18,860 526,560 414,437
The health sector operates in an ambiguous situation where the Covid-19

virus mutates faster, and its infectious and clinical traits change rapidly. The
Ministry of Health (MOH) of Mongolia had taken response measures on
identifying the spread of the Covid-19 virus variations and characteristics of
illnesses caused by such variants; and developing response guidelines based
on surveys. For instance, a survey on determining the spread of the Covid-19
virus variants had been carried out12, a strategic plan to prevent from and
respond to the Covid-19 pandemic had been adopted under the decree of
the Deputy Prime Minister on 18 March 2020, and revised as jointly with the
11
Statistical data of 16 March 2022 of the Communicable disease surveillance unit of NCCD.
12
For example, genomic research on SARS-COV-2 clusters in Mongolia; research on determining
genomic structure and molecular epidemiology of SARS-CoV-2 virus in Mongolia, and providing
Mongolia-specific recommendation and methodology for diagnostic surveillance and prevention;
and surveillance on viruses that cause acute respiratory tract infections and research on genetic
characterization of some viral variants in Mongolia in 2019-2021 had been conducted.
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Minister of Health on the 4th of November 202013. For the past 2 years, about
70 temporary procedures and guidelines pertaining to provision of medical
care and services in the time of pandemic had been prepared and approved,
of these guidelines on surveying coronavirus spread and taking responsive
measures were revised 5 times14.
However, it is doubtful whether these strategies, guidelines and temporary
procedures could be effective instruments for organizing Covid-19 treatment
and medical services at the highest possible level. The General Agency for
Specialized Inspection (GASI) noted that there were duplications in the
regulations of these documents, they contradicted with other documents,
some necessary operations had been unincluded, and provisions of nullified
procedures and guidelines were incorporated15.
Case 1.1
...Because contents, time and frequency of information and data on the situation
of coronavirus infections to be disseminated within the health sector and to other
organizations were unclear; and it has been regulated that only data of confirmed
cases should be delivered daily to relevant organizations, many organizations, in
particular GASI, face difficulties in taking quick responsive measures, including
suspension of operations of premises, and inspecting disinfection measures...
...Infection prevention procedures to be followed by healthcare organizations when
transferring in and out the patients were not clearly specified in the temporary
infection prevention and control guidelines for medical care and services; information
dissemination was not defined completely in actions to be implemented in family
health centers, ambulatories, and clinics; coordination of healthcare services to be
provided in the event of suspected cases, control and surveillance on healthcare
officers were not reflected; and actions to be taken in case of providing healthcare
services in response to emergency calls or home calls were not fully incorporated or
were unclear...
...Measures to be taken when transferring infected patients between hospitals,
administering tests via mobile laboratories, and providing emergency and home
call healthcare services were incomplete; it was not clear how the suspected or
confirmed cases should be transferred to which healthcare institutions in the event
such cases were detected at primary healthcare institutions; testing interval for
patients with mild, moderate and severe conditions was not definite; there was
insufficient regulation for taking responsive actions in the event of confirmed
case in the hospital; and there were no legal documents until now that specifically
regulated some relations...
(From inspection and analysis conducted by GASI on legal documents,
prepared to prevent and combat coronavirus infections)
13
Official letter No.1424, issued by the State Emergency Commission on 19 October 2021.
14
Official letter No.1а/5553 of MOH, dated 21 October 2021. NHRC downloaded the regulations
and procedures uploaded on the website of MOH.
15
Annex to the official letter No.06/511 of GASI, dated 15 March 2022.
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Provisions on respecting the dignity, privacy and human rights of a patient

had not been reflected in strategies, guidelines and temporary procedures on
healthcare services to be provided during Covid-19 pandemic. It was apparent
during the pandemic that operations and activities of the healthcare sector
lacked mindset, attitude and practice to respect human dignity and rights.
Performances of healthcare institutions are evaluated not on the basis of
quality and accessibility of healthcare services and improvement of practices,
but on the basis of direct results such as mortality rate, which causes human
rights violations.
Case 1.2
...I gave birth in the maternity hospital in Khuvsgul aimag at around 3:00 AM on
September 30, 2021. Before giving birth, my PCR test result came in positive on the
20th of September 2021. Since I contracted the coronavirus, physicians refused to
treat me after I gave birth and sent me out of the hospital at 09:00 AM on the 30th
of September 2021. They had not treated properly the umbilical cord of my baby and
had not sent me to the center for communicable diseases even though they knew I
had contracted the virus. They didn’t give me any post-partum care tips and advice
on what to do in case the new mother contracted the virus. I requested treatment
package from Enkh-Urs family health center, but it didn’t provide the package
because of my non-affiliation to this residential territory...
According to the investigation, following the complaint, it has been detected that
the temporary guideline on healthcare and post-partum services for pregnant and
birthing mothers, adopted under the Decree No.A/392, issued by the Minister of
Health on the 21st of June 2021 had been violated, and the code of ethics of medical
professionals had been breached...
(From a complaint No.906, lodged by a citizen to the NHRC in 2021)
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Case 1.3
...When I was on a night duty in November 2021, there was a woman around 20
years old banging on the door, crying. Because she contracted the Covid-19, her
landlord expelled her. For admitting her into the hospital, we were scolded, since
only those who were brought in through contact tracing should be admitted to the
hospital. No insurance is provided if the patient is not admitted as results of contact
tracing, and it would be the physician’s fault if he/she admits such patient. It is so
cold and harsh attitude, but nothing like provision of care and services. It is not clear
exactly what does “to provide emergency care to a person” mean in the Decree of
the Minister. Does “emergency” refer to shock or coma? It has to be medical care
and services to anyone who has severe illness. People’s lives are likely to be lost due
to cold-hearted decisions to send patients with severe conditions to their affiliating
hospitals since the death of such patients might weight down the performance
indicators of the hospital. Hospitals should be evaluated not by death rates but on
the basis of healthcare services and effective decisions made in the reporting year,
shouldn’t they? Because of death-rate based evaluation, hospitals pass patients with
severe conditions to one another...
...As an ICU physician, I provided medical care directly to a patient with heart
disease who had been brought in, but I was scolded that such patient with severe
health condition should not have been admitted to the hospital, and should have
been sent to other hospitals. And for the first time, I heard such procedure existed.
In general, the hospitals don’t like it when a person with severe health conditions
arrives. However, medical care and services are provided to such patients now under
the Director’s order...
(From an interview held with a physician of Sukhbaatar district,

participated in the sociological survey, conducted by NHRC)
Quality and accessibility of healthcare services are affected by weak

collaboration between organizations in the health sector. Due to a lack of
integrated coordination, there were problems such as family and district health
centers had to “beg” a few hospitals that administer PCR tests in order to get
their patients with severe conditions tested; and authorities had given different
directions to a primary healthcare center. Physicians, involved in the NHRC
survey, pointed out that disharmony between healthcare institutions affect
adversely on the quality and accessibility of healthcare services not only during
the Covid-19 pandemic but also during normal periods.
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Case 1.4
...Since the Director of the Regional Diagnostic and Treatment Center is appointed
by MOH, and the head of a health center is appointed by the Aimag Governor,
a local healthcare institution has two different managements. Because of it, the
organizational structure of the healthcare institution is disorganized. I think not only
our aimag but also other aimags have the same situation...
( From an interview held with a physician of Dornod aimag,

participated in the sociological survey, conducted by the NHRC)
The amount of budget for health sector, and its effective disbursement is
a fundamental factor that defines the quality and accessibility of healthcare
services. By law, healthcare service fees should be borne by the state during the
Covid-19 pandemic16. In the time of the pandemic, the health sector had been
financed by the national budget, international aid and loans, and contributions
of companies, organizations and individuals. However, total budget spent for
the health sector, especially for the fight against the Covid-19 in 2020 and
2021 is not transparent to the public, and oversight on budget spending is
loose. It is evaluated on the basis of results achieved by using possible resources
whether the state had fulfilled its obligation to ensure economic and social
rights including the right to health protection, education, social protection
and welfare. It is impossible to draw conclusion on the fulfillment of this
obligation without official data on total budget spent for Covid-19 treatment.
However, evidences and facts obtained during surveys and inspections show
that investment and budget funded into the health sector were inaccurate and
inefficient.
Table 1.3 Health expenditure during the Covid-19 pandemic

(billion tugrugs)17
No. Source Disbursement 2020 2021 2022 Total
1. From current state budget 78 218.6 - 296.6
2. State budget Additional government financing 12.2 28.4 - 40.6
3. Health insurance financing - 368.6 227 595.6
4. International Project loan 28.5 209.7 - 238.2
projects and Aid and donations from international
5. 17.5 4.3 - 21.8
programs organizations
Other Contributions from companies and
6. 8.7 39.1 - 47.8
sources individuals
Total 144.9 868.7 227 1240.6
16
Subparagraph 6.4. of Article 24 of the Law on Health, subparagraph 1.2 of Article 7 of the Law
on Covid-19 Pandemic.
17
According to the data sent by MOH on 24 March 2022, health sector received a total fund of
1.2 trillion in 2020-2022. This data was insufficient for making human rights analysis on funds
for healthcare services during Covid-19 pandemic.
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The National Audit Office (NAO) audited the disbursement of loans and
aid, received from donor countries and international organizations for the
purpose of fighting against the Covid-19, and concluded that MNT 54.8 billion
had been disbursed but there were no research and estimations on whether
such funding was adequate enough for hospitals and was accessible to every
patient; and there were no surveys and evidences that calculated the existing
capacity of hospitals to which the funding had been allocated18. According to
the sectoral survey, budget funds had been used for the Covid-19 treatment
inefficiently and without any specific calculations. For example, an average
MNT 9,867,923.61 had been spent for an inpatient in NCCD19. Until June 21,
2021 MNT 70,000 and since this date MNT 160,000 had been spent from the
state budget per Covid-patient treated at home, which is 61.6-140.9 times less
than the expenditure per inpatient in NCCD20. Due to many reasons such as
document infringements, lack of medicine packages at family health centers
and re-contraction of coronavirus, many people were unable to get such aid.
The amount of actual funding to the health sector is far more different
than the approved budget. The NAO revealed that MNT 20.6 billion had been
planned for purchasing medical devices, disinfectants, sterilization substances
and protective equipment but its execution was MNT 3.5 billion, and MNT 159
billion had been planned for medical equipment and tools but the execution
accounted for MNT 54.8 billion21. The sectoral survey recommended to avoid
from multiple unnecessary tests and procedures; to focus on the efficiency
of healthcare services to ensure the adherence to guidelines on providing
healthcare services to coronavirus disease at each level of healthcare institutions;
to provide professional and methodological training to officers; and to create a
database for recording and surveying confirmed cases22.
18
NAO, Audit report “Utilization of loans and aid received by the government from donor
countries and international organizations, and its outcomes”, p.31-32.
19
R.Oyungerel, et.al., “Clinic survey on novel coronavirus infection registered in Mongolia”, MOH,
Compilation of surveys on coronavirus (Covid-19) infections, Ulaanbaatar, 2021, p.98.
20
At-home Covid-19 treatment package, set up as MNT 70,000, had been increased up to MNT
160,000 under the joint Decree No. А/387/99, issued by the Minister of Health and the
Minister of Finance on 21 June 2021. It includes expenses of 2 in-person examinations by the
physician by visiting homes, rapid testing, use of 2 protective equipment, 1 phone surveillance
a day, questionnaire, medicine package to be used during quarantine period, salary and bonus
for family doctors.
21
NAO, Audit report “Utilization of loans and aid received by the government from donor
countries and international organizations, and its outcomes”, p.30.
22
R.Oyungerel, et.al., “Clinic survey on novel coronavirus infection registered in Mongolia”, MOH,
Compilation of surveys on coronavirus (Covid-19) infections, Ulaanbaatar, 2021, p.98.
RIGHTS AND FREEDOMS
IN MONGOLIA
Case 1.5
...Logistics and infrastructure accessibility of the health sector and hospitals were
unlike, institutions were unprepared for overcoming the pandemic, and coordination
was poor. Especially it is the case for the NCCD and other tertiary level healthcare
institutions. As compared to other institutions, the NCCD has 6 public health
departments, owns an area of 9 hectares, operates 500 beds, and employs 800
staff. During the intense the Covid-19 outbreak, many problems arose, such as
treatment facilities and machines broke down, demand for oxygen increased, and
there was a failure in the information technology operations, and the attention had
to be attached not to the patients but to the basic conditions…
There was no additional funding during the pandemic. Because overtime pay for
physicians, waste bills, food and electric equipment expenses exceeded several times
than the budget in 2019 and 2020...
(From an interview held with a physician of the NCCD,

participated in the sociological survey, conducted by the NHRC)
The Covid-19 pandemic revealed that not only old but also new hospital
premises could not meet the requirements to provide healthcare services in the
event of communicable diseases. Since the family health centers operate on
non-standard premises, their isolation rooms for confirmed Covid-patients do
not comply with requirements.23 Standards require that ventilation and restroom
in the rooms for isolating the contracted patient should be separate, however
about 40 percent of family health centers, involved in the monitoring and
evaluation conducted by the NHRC, could not meet the standard requirements.
Because of narrow doors, patients with serious health condition and persons
with disabilities could not enter or exit the building of these centers. About 33
percent of monitored family health centers had no specific waste storage area,
and thus they stored their wastes in restrooms or other unused or unoccupied
rooms. Specialists warn that the NCCD was constructed with a plan to include
several inpatients per room, it has one ventilation system and public restrooms,
and its sewage line is connected directly to the central networks of Ulaanbaatar,
and therefore it is likely to cause risks in public health in the event of an
outbreak of communicable diseases that is far more lethal than coronavirus.24
23
Go to Chapter 6 of this report for details.
24
NHRC, “Monitoring and Evaluation report on the exercise of the right of citizens to health
protection and medical care”, 2021.
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Case 1.6
...Buildings for family health centers had been constructed newly in recent years,
however, there were no buildings with separate doors for patients to enter and exit,
creating conditions for spreading the infection by mixing patients who came for
treatment and for testing...
(From an interview held by the NHRC with an official in the management position
of the SEC)
...It was difficult for persons with disabilities to get to the testing sites. It was hard
for me to ask for help from 4-5 men to carry me for x-ray, because there was no
ramp and x-ray chair. Infrastructure should be built, considering that persons with
disabilities get sick too...
(From an interview held with a person with disability from Erdenebulgan soum,
Arkhangai aimag, involved in the sociological survey, conducted by the NHRC)
During the 2nd wave of coronavirus disease that aggravated since June
2021, equipment necessary for protecting the health and life of people from
such disease was insufficient. It showed that the health sector of Mongolia had
not prepared adequately for the combat against the Covid-19 pandemic, and
it could not make better use of 10 months during which Mongolia prevented
local transmissions at a higher socio-economic cost. As of June 2021, there
were 3 extracorporeal membrane oxygenation (ECMO) machine,25 about
1500 oxygen concentrators, 1,087 ventilators, and 4 oxygen plants, which
were insufficient for providing necessary medical services. The First Central
Hospital, the Third Central Hospital and the Central Military Hospital had ECMO
machines, but not the NCCD, which shouldered the major workload of treating
the coronavirus infections. Without ECMO, the NCCD had to borrow through
MOH the machine from the First Central Hospital26. NCCD got its own ECMO
machine in December 202127. During the 2nd and 3rd waves of coronavirus
disease, there was a deficiency in equipment as well as in human resources
capable of operating such equipment.
25
As recommended by the WHO to use ECMO machine for lung bypass and blood circulatory
support for covid-patients with acute respiratory failure, Minister of Health sent to the Chair
of SEC a proposal to buy the machine under the official letter No. 1а/1243, dated 13 March
2020. It had been decided to fund with contributions made by individuals and companies
the ECMO machine, of which basic price was MNT 350 million, and the cost of single-use
supporting devices necessary for standard treatment For10 persons was MNT 370 million, cost
of equipment per person was MNT 37 million, totaling MNT 720 million.
26
From the clarifying interview held on 23 June 2021 with B.Chinbayar, Head of Intensive
Care Unit of NCCD, and B.Buyantogtokh, Head of Medical Care Policy and Enforcement
Department of MOH, following the article “Drastic increase of confirmed cases result in
equipment deficiency” <http://khiimori.com/mn/read/256982>
27
NHRC clarified the information from B.Batsukh, Head of Medical Care and Quality Assurance
Department of NCCD on 4 March 2022 via phone.
RIGHTS AND FREEDOMS
IN MONGOLIA
Case 1.7
...At the time when the outbreak aggravated, availability of oxygen concentrators
was limited. Due to limited human resources and transport vehicles, it took a while
for the machine to arrive and patients got agitated...
(From an interview held with a physician of Khan-Uul district,

involved in the sociological survey, conducted by NHRC)
…With my 94-year old mother, I stayed at the dormitory near Mongolia-Japan

Hospital and was treated for 7 days. Actually, midwives, nurses and resident doctors
were never enough. In the mornings, professors of the University of Medical
Sciences come and check the treatment. Patients, who felt better, helped the other
patients by removing injection needles. The resident doctor along with the midwife
would carry food as soon as it arrives and provide medical care, and the nurse would
distribute the food. It was really hard to see that these three people were doing
all the chores alone. A 16-story building was full of patients, and there were only
3 oxygen concentrators shared between floors. The building, in which we stayed,
is designed as student dormitory, therefore the food was prepared at the central
hospital and carried to the dorm by a car. It’s a shame that this fine building was
constructed without a kitchen...
(From an interview held with a citizen of Ulaanbaatar city,

involved in the sociological survey, conducted by the NHRC)
The capacity of the nation to provide qualitative and accessible medical

care and services during the Covid-19 pandemic directly depends on whether
the working conditions of physicians and healthcare officers were facilitated,
and whether they were protected from infections and other risks.28 However,
the capacity of human resource was poor, the cordination and support were
weak in the health sector. In 2020 and 2021, a total of MNT119.3 billion had
been distributed for overtime pay, incentives and protective equipment for
healthcare officers.29
There were common mistakes and faults where overtime pay and incentives
had not been properly paid to the Covid-19 first responding physicians and
healthcare officers; no quality food had been provided to the officers who
were mobilized to work at testing and vaccination sites; no warming and
resting conditions provided for them while performing duties outside; transport,
stationery and communications expenses had not been compensated, terms
of references were ambiguous; and their voices on working conditions and
28
THe NHRC surveyed the exercise of the right to employment by police, emergency, health and
specialized inspection officers, who performed duties during the pandemic, and outlined the
findings in the 20th Status Report on Human Rights and Freedoms in Mongolia. See p.238-294
of the Report.
29
Data received by the NHRC from the MOH through official letter No. ТГ-01/307, dated 24
March 2022.
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current problems had not been heard or resolved.30
Case 1.8
...It’s hard to find a driver who would transport Covid-patient, and drivers would
argue much and then send one driver. Though we drive more than 600 km in a
protective hazmat suit in the hot summertime, overtime pay and 16-hour rest is not
allowed, only gas expense is provided. We buy our food when driving on the long
road. Since we arrive at the city mostly at night, our per-diem sheet is not applied
by entity seals but only signed and applying the physician’s seal. When we returned,
such sheets were considered invalid and expenses did not cover. A driver who drove
4-5 times to the city got 1-2 per-diem allowances...
(From an interview held with officers of the Regional Diagnostic and Treatment
Center in Orkhon aimag, involved in the NHRC monitoring and evaluation)
...In order to keep Zamyn-Uud as “green zone” all the Covid-19 cases along with
close contacts were transported firstly to Ulaanbaatar, then to Sainshand. It takes
over 1200km for drivers. In a closed protective suit, I worked with many passengers
who were angry, demanding to get in or out, or stop the car. There were cases
where we spent the night in the car because working hours of the NCCD and
other hospitals had ended when we arrived in the city from here, and there were
no hospital to admit the patients. Therefore, we started transporting patients at
4:00 AM. Authorities, therefore, should look back at such improper decisions that
violated human rights...
(From an interview held with the managing officer of the General Hospital of
Zamyn-Uud soum, involved in the NHRC monitoring and evaluation)
The number of nurses and junior physicians at the soum family health center needs
to increase. Two nurses serve around 100 patients. When I was getting treatment
at the center, elderly persons from the nursing center arrived. Nurses worked under
high pressure while taking care of the elderly persons while treating us…It seems
important to add oxygen concentrators, equipment, and human resources...
(From an interview held with a citizen of Bayantumen soum, Dornnod aimag,

involved in the NHRC sociological survey)
Besides their primary duties, physicians and healthcare officers had to

perform massive administrative work during the COVID-19 pandemic, such
as registering confirmed cases, providing medicine packages, inputting test
results into the integrated system, writing hospitalization notes, and issuing
physician’s reference notes31. Especially during the months when confirmed
cases soared, workload of physicians and healthcare officers had increased,
30
Department of Health Social Staff and Social Sciences of the School of Public Health, National
University of Medical Sciences, “Public assumption, psychology and behavior during Covid-19
pandemic” research Report, Ulaanbaatar, 2020, p.63.
31
NHRC, “Monitoring and Evaluation report on the exercise of the right of citizens to health
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IN MONGOLIA
resulting in mental breakdown such as feeling upset, anxious and depressed;

creating contradictions in their work and family life; leading to burnout32, and
divorce. Of 624 physicians and healthcare officers, involved in the monitoring
and evaluation of NHRC, 48.5 percent responded that their family situations
were difficult, and they had to leave their children unattended many times
during pandemic.33 Workload of not only physicians, nurses and midwives,
but that of support healthcare staff, including drivers and laundry staff had
increased, but they were unsatisfied that overtime pay and additional pay had
not been provided, and their contributions and efforts were unrecognized and
unappreciated.
Case 1.9
...Without human resources, oxygen concentrators and oxygen alone would be

useless. As a large number of physicians got sick, there is a deficit in human
resources. A structured and lively policy is needed in this situation. For example,
should the family doctor answer to each call on the family health center’s phone,
or examine at-home patients or give the phone number of surveillance team, saying
the doctor is busy? If such organizational matters are clearly defined, it would be
possible to tackle future hindrances. We physicians, worked as phone operators
instead of examining patients...
(From an interview held with physicians participated in sociological survey of the

NHRC)
...It was cold and unorganized there: was no food and no place to let our staff
stay when working in soums. While some soums responded well, some did not.
Decrees and decisions were not enforced in remote soums and areas. For example,
we worked in soums to collect samples and trace contacts between November 15,
2020, to June 20, 2021. At first, we stayed in a minivan without taking a shower
and barely had a good night’s sleep while testing passengers who arrived at Khovd.
Then, we started using police post as a testing site. Orders and decisions are not
enforced at lower levels. We were told to go there and address the matter.
(From an interview held with a physician of the Regional Diagnostic and

Treatment Center of Khovd aimag, involved in sociological survey of the NHRC)
As of 11 March 2022, 15,593 physicians and healthcare officers nationwide

contracted Covid-19, of whom 60 percent contracted the virus while performing
their duties.34 Of employees in the health sector, 82 percent are women, and
the work pressure and mental breakdown of physicians and healthcare officers
directly impacted their families and children.
32
The Department of Health Social Staff and Social Sciences of the School of Public Health, the
National University of Medical Sciences, “Public assumption, psychology and behavior during
Covid-19 pandemic” research Report, Ulaanbaatar, 2020, p.63.
33
The NHRC, “Monitoring and Evaluation report on the exercise of the right of citizens to health
34
Statistical data of 16 March 2022 of the Communicable disease surveillance unit of NCCD.
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It had not been reported to the NHRC or revealed through inspection that
a COVID confirmed patient had died in prison, detention facility, military unit,
or nursing facility because of not getting medical care during the pandemic.35
However, in the event of a COVID-19 case being confirmed in the above-said
institutions, those who contracted the virus could not get proper medical care
due to insufficient funding and disharmony between the institutions and the
healthcare service.
Case 1.10
...Coronavirus infection was first detected in the prison in February 2022. We tried
to get medicine packages for prisoners, who contracted the infection but medicine
packages should be provided after a rapid test is taken at the family health centers,
and the positive result is registered with “Eruul.mn” website. Since a rapid test costed
MNT 15,000 it was hard to get every prisoner tested. Because of the lack of financial
capacity to involve everyone in testing, medicine packages for sick prisoners could
not be sought from healthcare centers. Around MNT 1 million is budgeted monthly
for the prison, and it is used for over 100 patients monitored by the physician. In
relation to the outbreak of the Covid-19 pandemic, our budget became deficient.
At the time, immune boosters had been borrowed from the contracted pharmacy
and distributed to prisoners...
(From the report sheet of the NHRC’s inspection from detention facility 433 of
GEACD)
In 2020 and 2021, the health sector focused more on the COVID-19
treatments affected adversely by the quality of medical care and services
for other illnesses. For example, the birth rate dropped, whereas maternal
mortality increased three times compared to the previous year. The total birth
rate accounted for 77,601 in 2019, 75,694 in 2020, and 71,166 in 2021, whilst
the maternal mortality rate was 18 in 2019, 23 in 2020, and 68 in 202136.
The NHRC carried out a sociological survey in February 2022 to observe the
situation of receipt of medical care and services by Mongolian citizens during
the COVID-19 pandemic. A Sociological survey involved 410 citizens, randomly
selected from Dornod, Khovd, Umnugobi, Arkhangai, Selenge aimags, and
Bayangol, Bayanzurkh, Khan-Uul, Nalaikh, Sukhbaatar and Songinokhairkhan
districts of Ulaanbaatar city; and the quality survey included 21 physicians and
35
The NHRC surveyed the exercise of the right of persons deprived of their liberty, and military
servicemen, and outlined the findings in the 20th Status Report on Human Rights and
Freedoms in Mongolia. See p.88-97 of the Report. In 2021, NHRC conducted 25 inspections
and monitoring in detention facilities, military units and the National Center for Mental Health.
36
Official letter No.5/447 of MOH, dated 28 January 2022. See Chapter VI of this Report for
details on quality and accessibility of healthcare services for non-Covid-19 illnesses.
RIGHTS AND FREEDOMS
IN MONGOLIA
healthcare officers, as well as 11 citizens.37 The survey findings are presented as

follows, as they are outlined as diagnosis and treatment of coronavirus disease
and post-Covid rehabilitation:
1. Diagnosis of coronavirus infection

Technical and superintendent capacity for diagnosing coronavirus infection
is improving gradually. First PCR38 (polymerase chain reaction) test to detect
SARS-CoV-2 virus was performed at the Laboratory of NCCD in January 2020
in Mongolia, and then in all aimag, district, national and private hospitals.39 As
of 15 March 2022, Mongolia performed about 4.01 million PCR testing, which
is higher than the average of world.40
The citizens involved in the NHRC survey had tested for coronavirus in
every possible way, where the majority of 35.6 percent had it diagnosed at the
family health center. One out of every four of them encountered difficulties
in the diagnosis of Covid-19 disease. Such difficulties include the severity of
disease due to delay and differing results of rapid and PCR tests; mixing of
sick and not sick people, standing in queue for 5-6 hours in the extremely cold
weather to get tested; the people, who brought their test kits to the family
health center for diagnosis had been sent back because the center serves
as per timetable only; the inability to pay for the test kits; and physicians’
bad communication. Physicians, involved the survey said, “people diagnosed
themselves, did some home remedies advised by others, and aggravated their
conditions.”
37
Sociological survey took place for the period between 30 January and 28 February 2022,
involving about 41.7 percent or 171 respondents from aimag and local areas, and 58.3 percent
or 239 from Ulaanbaatar. Of the respondents, 61.5 percent were female and 38.5 percent
were male, and 55 percent lived in public accommodations, 35 percent in gers, 9 percent in
private houses, and 1 percent in other houses. About 41.2 percent of respondents developed
mild, 37.3 percent moderate, 19.5 percent severe and 1.7 percent very severe coronavirus
disease. It shows state of exposure of Mongolians to Covid-19 pandemic. See the short report
of the survey from the NHRC website.
38
Polymerase chain reaction (PCR) is a high-sensitive technique of molecular biology for
amplifying and detecting DNA and RNA sequences, such those associated with the genetic
material of pathogens.
39
In March 2022, NCCD received NGS-Next generation sequencing equipment for determining
the patterns of SARS-CoV-2 virus, enhancing its diagnostic capacity by identifying virus
mutations and increasing testing capacity.
40
<https://www.worldometers.info/coronavirus/>
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Table 1.4 Covid testing among survey respondents 41
No. Testing/Diagnosis Number Percentage

1. Self-tested (rapid test) 65 15.9
2. Tested by family health center 146 35.6
3. By district general hospital 45 11
4. By mobile hospital 44 10.7
5. Self-Paid for the testing 52 12.7
6. Other 58 14.1
Total 410 100
Case 1.11
...It is essential to newly introduce contingency tactics to hospital policies by

understanding that diagnosis is the most important first step to fight against the
pandemic.
...Pregnant women, elderly people, and vulnerable social groups could be saved
without delay if the diagnostic guidelines for such people are clearly stated...
...A pregnant woman who died due to severe Covid-19 illness in the Nalaikh district
had been diagnosed and taken care of when she had respiratory failure, but it was
too late. With accurate diagnosis, we could prevent such incidents. It is important
to address this matter comprehensively, adding bed numbers, training staff, etc...
...During the first wave of the Covid-19 pandemic, only NCCD performed PCR testing.
Rapid testing shared the heavy workload of PCR testing. However, it is important
to make it clear how to respond when the results of PCR and rapid testing differ.
Because of such differences, physicians had to work under heavy workloads...
(From a focus group interview held with physicians of the Nalaikh district,
involved in the sociological survey of the NHRC)
2. Treatment of coronavirus disease

Of survey respondents, 45.9 percent sought medical care and services from
the family health centers, while 20.8 percent or one out of every 5 citizens
were hospitalized. About 2.7 percent of citizens received ambulatory services,
1.4 percent had been involved in comprehensive testing, and 2.3 percent had
not received any healthcare services. The number of at-home self-treated
patients were relatively high or 26.4, which means one out of every 4 citizens.
41
Among the respondents, who had taken tests in other ways, including testing at one-stop-
service centers in aimags, at general hospitals, at work, during integrated testing of residents,
by paying for the test and taking the test at the NCCD.
RIGHTS AND FREEDOMS
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According to the statistical data of the Communicable disease surveillance

unit of the NCCD, dated 16 March 2022, 75 persons died at home due to
the COVID-19 pandemic, of which 46 died during the 3rd wave when the
delta variant was dominant.42 As infection prevalence intensified in May,
June, September, and October 2021, the quality and accessibility of healthcare
services deteriorated drastically.
Case 1.12
...Our hospital transfers patients in severe conditions to the next level hospital. There
has been a case where such a hospital didn’t receive the patient as it coordinates
beds. In that case, the patient’s health may get worse. Due to the unavailability
of vehicles, drivers, hospital beds and ventilators, infected patients were at risk of
getting worse, developing respiratory failure on short notice, or leading to pulmonary
edema or death...
(From an individual interview with a physician of Khan-Uul district,

involved in sociological survey of the NHRC )
Case 1.13
...Remdesivir injection for Covid-19 treatment was issued under permit, and it’s
impossible to maintain stock. Five remdesivir injections for five days per patient
with severe conditions, but we could not get enough. We were asked how we
got 50 injections for a 40’000 district population, while another district with a
340,000 population managed to get only 24 injections. It’s not the management’s
failure because manufacturing countries reduced the number of productions. In
some cases, 2-3 injections had to be purchased externally for MNT1 million. At
the year-end census, our organization received medicine and injections that cost
MNT 2-3 billion. Due to the border closure, we had no syringes for ten days,
so we borrowed some from other wards and district hospitals and bought from
pharmacies in Ulaanbaatar...
(From a focus group interview held with physicians of the Nalaikh district,
involved in sociological survey of the NHRC)
When asked about the difficulties in getting healthcare services, 9.7 percent
of respondents replied that they had no idea how to get healthcare services,
4.9 percent had not sought medical care because of long distance, 2.6 percent
could not pay the charges, and 21 percent had other reasons, which include at-
home self-treatment because of the unavailability of hospital beds; late receipt
of healthcare services; high infection rate; and high workload of hospitals.
Of those who self-treated at home, 47.9 percent got advice from the family
42
See data in Table 1.1 of this Chapter.
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doctor via phone, 24.9 got counseling in person, 8.6 percent via social networks
such as Facebook, 6.6 percent got advice from friends and 6.2 percent from
relatives.
Case 1.14
...I have many young and small children, so as not to spread the virus to my family,
I isolated myself in my small car, cooking and eating well, and got cured. I didn’t
think of going home. It was around 5 August 2021, and I didn’t feel cold and had no
difficulties. I got the medicine package but had to buy arbidol from the pharmacy
as it was not in the package. I don’t know the situation of people who self-treated
themselves at home. I didn’t seek healthcare services, and I had no intention to do
so because I thought hospitals were too risky as they were crowded.
(From an interview held with a citizen of the Sukhbaatar district, who involved in
the sociological survey of the NHRC)
There were cases in some countries in the world where older persons, with
disabilities, and persons with severe illnesses were excluded from the lifesaving
medical care, such as ECMO and were rationed as the workload of healthcare
organizations surged and healthcare services could not be provided to some
patients during the COVID-19 pandemic43. The NHRC had not received any
report or information on rationing in Mongolia. To monitor the socio-economic
background of people who died because of coronavirus disease, the NHRC
requested the statistical data from the MOH and the NCCD twice, but it was
impossible to determine from the data that certain group of people were at
risk of dying due to coronavirus disease.44 In some cases, statistical data and
information on deaths caused by the COVID-19 were doubtful, and collection
of statistical data within a limited scope might have reduced the possibility of
43
For example, world countries paid attention to such cases, happened in Italy during the 1st
wave of Covid-19 pandemic. See the following source for details: Lisa Rosenbaum, ‘Facing
Covid-19 in Italy – Ethics, Logistics and Therapeutics on the Epidemic’s Front Line’, published in
New England Journal of Medicine, 14 May 2020. <https://www.nejm.org/doi/pdf/10.1056/
NEJMp2005492?articleTools=true>
44
The data, sent to NHRC by NCCD through an official letter No.7/3089, dated 22 September
2021, didn’t meet the survey requirements. Therefore NHRC re-requested data, and received
additional information via e-mail on 4 November 2021. However, it was impossible to define
socio-economic background of people who died of Covid-19. It was explained to NHRC
that NCCD records as per the table, adopted by MOH the registration of people died due
to coronavirus disease, and this table doesn’t include any information on education and
employment backgrounds.
RIGHTS AND FREEDOMS
IN MONGOLIA
accurately defining the response actions against the COVID-19.45

Note that MOH is modifying its policy and regulations and taking action to
rectify the faults and failures during the coronavirus diagnosis and treatment.
The Minister of Health approved “Temporary procedure for bed arrangements
in hospitals during the COVID-19 pandemic”, Decree No.595, on 24 September
2021, and Bed Arrangement Team formed to increase the availability of hospital
beds. These actions were effective in protecting the lives of patients who
developed severe and very severe coronavirus disease. At that time, when
the coronavirus infection soared, 20-25 percent of total inpatients developed
very severe illnesses, and 50 percent developed severe ones. Inpatients with
mild symptoms took up 50 percent of all beds at the time. In the event of
difficulties providing healthcare services to patients with very severe and severe
illnesses, the team arranged beds based on registrations of vacant beds and
the number of inpatients in hospitals and decided that treatment expenses
of the inpatients, arranged by the team should be funded from the General
Authority for Health Insurance (GAHI). As a result of this measure, hospital bed
occupancy dropped by 10-20 percent, increasing the accessibility of healthcare
services to patients with severe and very severe conditions.46 Although such
measures were taken out of necessity, modifications cannot be maintained
without increasing public awareness of communicable diseases and changing
the social behavior of nepotism.
Case 1.15
...People are too much, not wearing the face masks and spitting in the street. Before
wronging the hospitals, people should see how the citizens behave. Some people are
so rude towards physicians...
( From an individual interview with a physician of the Nalaikh district,

involved in sociological survey of the NHRC )
Respondents to the NHRC survey noted that those, who were hospitalized
and saw the actual situations of physicians and healthcare officers, began to
understand more the workload and conditions of healthcare officers, and to
45
The NHRC regularly observes MOH’s “Information on Covid-19 situation”. It had informed the
total number of deaths due to coronavirus disease was 992 on 9 September 2021, but it had
informed that the number of deaths on 10 September 2021 was 15, and the total number of
deaths was 934. MOH explained that the number had been reduced as the statistical method
had changed, where positive PCR results are recorded and deaths caused by pre-existing
chronic illness were recorded as non-Covid deaths.
46
Also, it made some arrangements to improve for the bed-waiting period the supervision
of family health centers on patients with severe and very severe illnesses who were not
hospitalized on that day.
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be more respectful and tolerant towards them.47

3. Post-Covid rehabilitation
It is common among patients, who contracted and recovered from
coronavirus disease, to have lasting side effects. Although 51.5 percent of
respondents to the NHRC survey had fatigue, 41.3 percent had forgetfulness,
30.2 percent had muscle weakness, 20.7 percent had depression and anxiety,
82.7 percent of the respondents had not received rehabilitation treatments and
services.
Table 1.5 Post-Covid health changes experienced by survey respondents
A lot Frequent Moderate Little None

No. Symptoms of changes in the body
Percentage
1. Fatigue 29.5 22 25.4 14.9 8.3
2. Lung damage 7.1 11 23.2 25.6 33.2
3. Body and muscle weakness 11.2 19 26.3 18.3 25.1
4. Communication 4.4 8.3 17.8 21.7 47.8
5. Swallowing 5.4 7.3 18.3 24.6 44.4
6. Cognitive skills 5.4 7.3 20 21.7 45.6
7. Depression and anxiety 10.7 10 20.2 21.7 37.3
8. Daily activities 8.8 10.5 22 21.2 37.6
9. Forgetfulness 25.9 15.4 22.4 16.8 19.5
Hospitals with physical therapy and traditional medicine departments

provide rehabilitation, but such services are not prevalent. For instance, the
traditional medicine department in Selenge and Umnugobi aimags and the
physical therapy department in Dornod aimag provided rehabilitation therapy
and treatments to a few patients, and Arkhangai aimag and districts of the
Ulaanbaatar had no such services. Survey respondents noted that the general
hospital of the Sukhbaatar district got the i-500 machine in September 2021
and uses it for rehabilitation therapies.
Case 1.16
...Family health center does not provide rehabilitation services. About 7-8 out of
every 10 persons recovered from coronavirus disease developed post-covidFamily
health center does not provide rehabilitation services. About 7-8 out of every 10
persons recovered from coronavirus disease developed post-COVID lasting effects
such as headache and pounding heartbeat. The cases of 2-3 patients returned to
the hospital because of overdoing heavy exercises or hiking to the mountain after
discharge. Thus, rehabilitation therapy is essential. Some private institutions provide
rehabilitation services, but they are too expensive...
(From an interview held with a physician of the Khan-Uul district,
47
“Healthcare services during the COVID-19 pandemic in Mongolia” survey Report, 2022.
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Physicians pointed out the importance of rehabilitation therapy for people

who contracted and recovered from coronavirus disease, as it prevents long
Covid, removes lasting effects, and makes it easier to go back to normal life.
1.3 vaccination AGAINST COVID-19 and human rights

Since WHO announced a novel coronavirus public health emergency of
international concern, research on creating a vaccine against the virus has
begun. In May 2020, Oxford University and AstraZeneca announced that they
planned to develop and distribute the AZD122 vaccine in October 2020. At
the time, when 35-50 thousand people died a day around the world, it was a
news that gave hope for overcoming the pandemic.48 the COVID-19 vaccination
was rolled out on the 13th of December 2021 around the world. Facilitating
conditions for prevention from communicable decreases, and provision of
healthcare services and nursing is the insurance of human rights provided
by the Constitution of Mongolia and international instruments, and Article
7.1.23 of the Law on Covid-19 Pandemic stipulates the Government duty to the
ensure equal accessible provision of healthcare services, vaccines, medicines
and medical equipment the population in the time of the pandemic.
The Government of Mongolia successfully fulfilled its duty to ensure the
equal and accessible provision of vaccines to its citizens. The National COVID-19
Immunization program was adopted under Decree No.05, approved by the
Chairman of SEC on 5 January 2021. The program established priority groups
based on NSO data. In February 2021, Mongolia rolled out the COVID-19
vaccination upon receipt of 150 thousand doses of the AstraZeneca vaccine,
made in India. As of January 2022, there were 6,540,290 doses purchased
by the Government, 1,327,260 doses received through the COVAX project,
450,000 doses via donations and aid, and 80,000 doses purchased from
the private sector, a total of 8,397,550 doses of vaccine. Of these vaccines,
Verocell vaccines make up 4,300,000 doses (51.2 percent), Pfizer-BioNTech
3,714,750 doses (44.2 percent), AstraZeneca 262,800 doses (3.2 percent), and
Gam-COVID-Vac 120,000 doses (1.4 percent).49
48
On 13 April 2020, the highest confirmed cases of coronavirus disease had been recorded
worldwide, including 50,405 deaths. For more details, go to <https://covid19.who.int/>
49
Official letter No. 6/6387 of the Ministry of Finance, dated 28 November 2021. Mongolia
borrowed USD 19 million from Asian Development Bank and USD 21 million from Asian
Infrastructure Investment Bank for Covid-19 vaccination.
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Table 1.6. The COVID-19 Vaccination phases in Mongolia
No. Period Vaccination phases Notes
Covered first responders, including officers

Primary dose and officials of healthcare, emergency, police
1. 2021.02.23
(First dose) and specialized inspection organizations, and
elderly people
Primary dose Covered citizens of Mongolia, aged 18 and
2. 2021.03.09
(First dose) above
Primary dose Covered citizens of Mongolia, aged 18 and
3. 2021.04.23
(Second dose) above
Booster dose Covered citizens of Mongolia, aged 18 and
4. 2021.08.16
(Third dose ) above
Covered citizens of Mongolia and foreign
5. 2022.01.07 Fourth dose
citizens aged 18 and above
Mongolia ranks 55th in terms of vaccination of its population against

Covid-1950. As of 15 March 2022, the first dose was administered to 2,272,084
persons or 96.4 percent of target groups, the second dose to 2,173,713 persons
or 92.2 percent, the third dose to 1,028,562 persons or 53 percent, and the
fourth dose to 109,808 persons or 3.4 percent. First-dose coverage was 69.8
percent, second-dose coverage was 66.8 percent, third-dose coverage was
31.6 percent, and fourth-dose coverage was 3.4 percent of the population.
Of the capital city population, 1,127,282 persons, or 75.2 percent had received
the first dose, 1,080,458 persons, or 72.1 percent received the second dose,
509,935 persons, or 34 percent received the third dose, and 60,358 persons
or 4 percent received the fourth dose. As per aimags, the first dose has
been administered to 1,144,802 persons or 65.3 percent, the second dose to
1,093,255 persons or 62.3 percent, the third dose to 518,627 persons or 30
percent, and the fourth dose to 49,073 persons or 3 percent51.
50
News of February 20, 2022 of the New York Times Magazine. <https://www.nytimes.com/
interactive/2021/world/covid-vaccinations-tracker.html>
51
Data obtained from State Emergency Commission and E-Mongolia-integrated digital services
portal on 15 March 2022.
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Figure 1.1 Share of people vaccinated against the COVID-19

as of 23 March 2022 52
Percentage of people fully vaccinated Percentage of people at least received one dose
PRC 88%
Republic of Korea 88%
MALAYSIA 5% 84%
VIETNAM 81%
JAPAN 81%
THAILAND 7.1% 79%
INDONESIA 14% 71%
MONGOLIA 68%
WORLD 6.9% 64%
RUSSIA 4.7% 54%
0% 20% 40% 60% 80%
Note: Comparison of countries with full coverage (first and second dose) of their
population in vaccination to some other countries
It was effective that the Government of Mongolia provided cash to vaccinated
citizens for the purpose of promoting vaccination against coronavirus disease.
The Government adopted Resolution No.122 on 5 May 2021 to provide once
MNT 50,000 to each citizen once, who received the first dose of vaccination
against the COVID-19 disease, and Resolution No.93 on 8 April 2021 to provide
one-time allowance of MNT 300,000 to every citizen. A total of MNT 1.11
trillion had been spent for handout of monetary support53. According to the
NSO estimation, the vaccination rate had gone up drastically starting from
May 5, 2021. For example, as of May 1, 2021, 43,033 persons received the first
dose and 47,996 persons received the second dose of vaccine; whilst on May
2021, 125,928 persons received the first dose and 33,508 persons received the
second dose. Vaccination of more than 100,000 persons a day continued until
7 May 2021.54
Although the Government of Mongolia fulfilled its duty to obtain a vaccine
against coronavirus disease, to vaccinate the wider population quickly and
to protect the life and health of the people, there were three flaws in these
measures that could constitute human rights violations.
52
"Our World in Data" project of London-based "Global Change Data Lab" non-profit organization
<https://ourworldindata.org/covid-vaccinations>
53
Official letter No. 6/6387 of the Ministry of Finance, dated 18 November 2021. “... MNT 110
billion was disbursed for providing MNT 50,000 to 2.2 million adults, and MNT 1 trillion for
providing MNT 300,000 to every citizen.”
54
NSO survey, <https://www.1212.mn/covid19.aspx>
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First, the provision of clear information was inadequate concerning the

matters, for which the people sought answers, including the benefits of
vaccination, trials on vaccines against coronavirus disease, immunity build up,
immune response, post injection side effects and potential failures, actions
to take in such cases, approval of vaccines applied in Mongolia by WHO
and Mongolia, and population immunization plan.55 Since vaccines against
coronavirus disease were developed at a much faster pace, and public trust in
these vaccines was low, a free information channel was specifically needed.56
Of respondents to the survey, conducted by the MOH in the 2nd quarter of
2021, 73.3 percent said they needed information on vaccines, however, 77.5
percent of them had no sufficient information (22.5 percent of them had
good knowledge, 48.1 percent had moderate knowledge, and 29.4 percent
had insufficient knowledge).57 About 97.3 percent of physicians and healthcare
officers implied that they have positive feeling towards vaccines, although 1 out
of every 10 persons said they wouldn’t get vaccinated58. Order of vaccination
priority, which is said to be adopted under the Decree of the Minister of
Health, had been introduced by the Government spokesperson 23 days after the
commencement of vaccination. Globe International Center found out that the
above Decree had not been publicized at all, and checked cases such as “press
and media organization referred to MOH several times to get information on
side effects of VeroCell vaccine but MOH didn’t respond”59.
Second, the Government announced that vaccination against coronavirus
disease was a voluntary immunization, in reality however, the state of being
unvaccinated has become the ground for restriction of freedom of movement
and right to employment, and for refusal to provide services. As stated in the
Law on Immunization, vaccination should be either mandatory or voluntary,60
and defined “voluntary immunization” as meaning the use of an immunizing
55
Sub-section 6 of this Chapter specifically focuses on the faults and failures, made by the state
in providing the public with information and communicating with the public during Covid-19
pandemic, that led to human rights violation.
56
Of 410 respondents to the sociological survey, conducted by NHRC, 20 persons had not get
vaccinated against coronavirus disease, because 7 of them considered it was unnecessary
because they contracted the virus, while 13 of them named other reasons. One out of every
2 persons in Mongolia expressed the will to get vaccinated against Covid-19 disease, whereas
40 percent of survey respondents said they doubted the vaccine because of vaccine quality
and safety issues. NHRC, “Healthcare services during Covid-19 pandemic in Mongolia” survey
Report, 2022.
57
Ts.Nyamsuren and D.Davaalkham, “Knowledge, attitude and practice of citizens and
healthcare officers on vaccination against Covid-19 disease”, MOH, Compilation of Research
on Coronavirus disease (Covid-19), Ulaanbaatar, 2021, p.91.
58
Ts.Nyamsuren and D.Davaalkham, “Knowledge, attitude and practice of citizens and
healthcare officers on vaccination against Covid-19 disease”, MOH, Compilation of Research
on Coronavirus disease (Covid-19), Ulaanbaatar, 2021, p.92.
59
Open Society Forum and Globe International Center, “Impact of responsive measures against
coronavirus (Covid-19) on civil and political rights” Monitoring Report, Ulaanbaatar, 2021.
60
Article 3 of the Law on Immunization.
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agent by a citizen at his/her will.61 The SEC informed the NHRC that there were
no restrictions of rights and violations of laws in relation to immunization,
since the vaccine against the COVID-19 disease is a voluntary immunization
based on personal choice as provided by the Law on Immunization.62 However,
regulations on restricting the right to operate particular activities by an
unvaccinated citizen had been reflected in the Order of the Chairman of the
State Emergency Commission (SEC).
It is stated in subparagraph 2.1.11 of “Temporary Procedure for organizing
the COVID-19 prevention measures”, adopted under Order No.41, issued by the
Chairman of SEC on 6 May 2021, “public officers and sales and service sector
employees should be completely vaccinated with two doses”. As specified in
the “Temporary Procedure for coordinating the movement of citizens between
the city and local areas”, adopted under Order No.46, issued by the Chairman
of the SEC on 19 May 2021 that citizens should be allowed to travel between
the city and local areas on the basis of evidence proving that 14 days have
passed since the complete vaccination against Covid-19, or the reference
certifying recovery from Covid-19 disease within the past 4 months.63 The
Procedure includes a provision that allows entrance on the ground of negative
test results if there is no such reference or evidence, but it was common at
the checkpoints that they required only the evidence of complete vaccination.64
Also, the SEC informed the public on 5 May 2021 that the Government made a
decision not to provide any social protection services to unvaccinated citizens.65
NHRC received a total of 362 complaints and reports on human rights
violations caused by decisions and operations implemented by government
organizations and officials in relation to coronavirus infections for the period
between November 2020 and December 2021, and 183 of these complaints and
reports were related to vaccination. According to these complaints and reports,
people were required and forced to get a vaccine that was not completely
examined; they had no choice over the a vaccine; they could not get any
services because of non-vaccination; and they had an adverse physical reactions
against the vaccine.
61
Subparagraph 1.5 of Article 3 of the Law on Immunization.
62
As a follow up to the NHRC Recommendation No.1/13 forwarded to the Prime Minister of
Mongolia on 12 April 2021, the Government replied back to NHRC through an official letter
No.ZG-2/418, dated 3 May 2021.
63
“Temporary Procedure for organizing Covid-19 prevention measures” was adopted under the
Order No.41, issued by the Chairman of SEC on 6 May 2021.
64
For instance, it has been observed during NHRC inspection on operations of the traffic
checkpoint of Selenge aimag on 22 June 2021 that citizens were allowed to enter to the aimag
center on the basis of vaccination certificate, proving it has been 14 days since the second dose
of vaccine shot.
65
5 May 2021 Press briefing by SEC <Medee.mn – Updates by SEC... | Facebook>.
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Case 1.17
...Authorities of Darkhan-Uul aimag made a decision to restrict the right of children

to engage in training and entertainment activities, discriminating on the basis of
their status of being vaccinated or not. At first, they said vaccination was voluntary,
but now they are pressuring...
(From the report No.744, lodged by citizens to the NHRC)
...My husband is a police officer. Requiring police officers to get the fourth dose of
vaccine against Covid-19 is posing a health risk. My family refused to get the third
dose, but was forced to get it...
(From the complaint No.56, lodged by a citizen to the NHRC)
...The decision to provide MNT 50,000 cash to vaccinated citizens, made at the
Government session of 5 May 2021, and the decision to allow fully vaccinated
renters to run their businesses in markets, trade centers and shops, and enter fully
vaccinated citizens into such premises, made under Order No.41, issued by the
Chairman of SEC on 6 May 2021 seriously violate the Constitution of Mongolia and
the international instruments, to which Mongolia is a party...
(From the complaint No.481, lodged by a citizen to the NHRC in 2021)
Military units and organizations administered voluntary vaccination to

soldiers in conscription service at their will considering any contraindications.
For example, it is mentioned in the NHRC monitoring and inspection report
that when administering the AstraZeneca vaccine to a total of 305 regular and
conscription officers in military unit No. … of Armed Forces, 60 officers were
not vaccinated. Of these, 15 officers were not vaccinated at their will, 5 due
to their health conditions, 11 because of child-care leave, 7 as they were on
mission, and 22 had other reasons not to be vaccinated.
Third, a weak mechanism for monitoring the efficacy and post-vaccination
complications of vaccines against Covid-19 disease66; lack of response plan
and unpreparedness in case of complications; and insufficient enforcement
of provisions on vaccine complications of the Law on Immunization posed
a risk of serious breach of human rights. The Law on Immunization set out
the Government’s obligation to pursue a policy of providing compensation to
citizens in the event of post-vaccine complications67, and the citizen’s right
to receive free treatment in central and local healthcare institutions in case
of complications associated with vaccination68. Also, the law specified that
66
It is defined in subparagraph 1.7 of Article 3 of the Law on Immunization, “complication
associated with vaccination means vaccination-caused lasting or serious ailment.”
67
Subparagraph 1.3 of Article 5 of the Law on Immunization
68
Subparagraph 1.4 of Article 6 of the Law on Immunization
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the central research institution for communicable diseases should evaluate the
effectiveness of vaccination69, state inspection department in charge of quality
assurance of medicines, bio-substances and medical services should inspect
and verify post-vaccination complications70, and the state central administrative
body in charge of health matters should adopt the list of complications
associated with vaccination71.
It should be noted that data sent to the NHRC by the NCCD and the GASI on
complications associated with vaccination were different. The NCCD recorded
the reports of reactions to vaccines against coronavirus infection, uploaded by
citizens on the website http://vis.health.gov.mn/survey. A survey concerning
this matter was conducted, involving 2,598 citizens. About 56.4 percent of
respondents reported most commonly the mild reaction after the first dose
of the vaccine, 8.6 percent reported the same reaction after the second dose,
and no post-vaccination complication had been reported72. The NCCD informed
that no reactions and complications associated with vaccine and immunization
had been reported while investigating the suspected cases of reactions and
complications of vaccines against coronavirus disease.73 On the contrary, the
GASI informed that it reported to the Immunization Department of NCCD the
records of reactions and complications associated with immunization, detected
via inspection organized in December 2021. According to this inspection, 12
reactions and complications had been registered in the Chingeltei district,
5 in the Bayanzurkh district, 6 in the Songinokhairkhan district, 23 in the
Bayangol district, 1 in the Bagakhangai district, 3 in the Nalaikh district, 24 in
the Uvurkhangai aimag, 3 in the Umnugobi aimag, 21 in the Khentii aimag, 4 in
the Bulgan aimag, 2 in the Uvs aimag, and 1 death in the Uvurkhangai aimag74.
It is not clear whether measures were taken in response to 37 complications,
detected by the inspection of the GASI.
69
Paragraph 6 of Article 13 of the Law on Immunization
70
71
72
D.Oyungerel, et.al., “Post-Covid-19 vaccination reaction and complication”, MOH, Compilation
of surveys on coronavirus (Covid-19) infections, Ulaanbaatar, 2021, p.77-81.
73
Official letter No.11/288 of NCCD, dated 25 February 2022
74
Introduction on inspection No.01/45, conducted by GASI on 2 December 2021.
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Table 1.7 Severe reactions and complications reported nationwide75
Number Number of severe

Title of the vaccine
No. of people reactions and Share
against Covid-19
vaccinated complications
1. VeroCell 3,412,243 16 0.0005
2. AstraZeneca 248,696 6 0.002
Pfizer BioNTech/
3. 911,677 15 0.001
Comirnaty
4. Gam-COVID-Vac 93,628 0 0
TOTAL 4,666,244 37 0.0008
The GASI stressed that emergency preparedness to respond to complications

associated with vaccination had not been ensured. For instance, mobile and
standard vaccination sites, the Central hospital of the National University
of Medical Sciences, the General hospital of Bayanzurkh district, the Law
Enforcement University, the GEACD, the Sports committee of Songinokhairkhan
district, the Chinggis Soosei school, the Children’s Palace, the Healthcare center
and its branch ambulatory No.3 of Songinokhairkhan district, the Gyals Center,
sites at schools 1 No.9 and 12 of Songinokhairkhan district, at schools No.3, 4,
58 and 68 of Sukhbaatar district, schools No. 92, 14, 102, and 21 of Bayanzurkh
district, and at school No.141 of Bayangol district, at health centers of Bugat
and Sagsai soums in Bayan-Ulgii aimag, in Gobisumber, Dornod, Zavkhan,
Umnugobi, Sukhbaatar and Khentii aimags had not ensured emergency
readiness to respond to post-vaccination reactions and complications.76
Case 1.18
...4 days after receiving the second dose of VeroCell vaccine from Sinopharm
institute, I had facial paralysis, and was hospitalized at the district hospital for 8
days. It’s been 19 days since I had the second dose of the vaccine. Paralysis is said
to be incurable if not treated immediately, so I went to the private hospital, but was
rejected because of a positive rapid test result...
(From a complaint No.510, lodged by a citizen

to the NHRC)
75
76
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In July 2021, the WHO informed that most the COVID-19 vaccines were
safe and effective for most people, but in very rare cases, they might develop
blood clotting complications77, however the Government of Mongolia had not
produced a plan for taking actions in response to complications associated with
vaccination, and had not ensured preparedness, posing health and life risks.
1.4 OUtcome and accessibility of social welfare and

protection RESPONSE TO covid-19 pandemic
As lockdowns and restriction on movement, established for the purpose
of limiting the COVID-19 pandemic and protecting the life and health of the
public could have a consequence of affecting adversely on the economies of
world countries and degrading people’s livelihoods; significant attention should
be paid during emergencies to ensuring human rights issues, such as the right
to a standard of living adequate for the health and well-being, including food,
housing, drinking water, essential sanitation infrastructure and instruments.
The Human right to an adequate standard of living is guaranteed in paragraph
1 of Article 25 of the Universal Declaration of Human Rights78, and in Article
11 of the International Covenant on Economic, Social and Cultural Rights
(ICESCR)79. These rights are defined in General Comment No.4, No.7 (The
right to adequate housing), No.12 (The right to adequate food), No.15 (The
right to water), and No.19 (The right to social security) of the UN Committee
Economic, Social and Cultural Rights.
Mongolian poor and vulnerable groups, employees in the informal sector,
and small businesses were hit hard by the economic stagnation caused by the
COVID-19 lockdown and restrictions.80 As of June 2021, the earnings of 3 out
of 10 households, that responded to the survey on determining household
livelihood amidst Covid-19 pandemic, had declined as compared to the pre-
pandemic period.81 Due to a decline in demand for livestock products such as
cashmere, wool and hides, and disruption in supply chains, 169,706 herder
households that makeup 30 percent of total households in Mongolia lost their
significant earnings.82
77
WHO, as of 15 July 2021, there were 4-6 cases of blood clotting per one million people,
received AstraZeneca vaccine.
<https://www.who.int/news/item/16-04-2021-global-advisory-committee-on-vaccine-safety-
(gacvs)-review-of-latest-evidence-of-rare-adverse-blood-coagulation-events-with-astra-
zeneca-covid-19-vaccine-(vaxzevria-and-covishield)>
78
Paragraph 1 of Article 25 of the Universal Declaration of Human Rights.
79
Paragraph 1 of Article 11 of the International Covenant on Economic, Social and Cultural Rights.
80
United Nations Mongolia, Common Country Analysis-Mongolia 2021, p.41, “According to the
UN Industrial Development Organization, the Covid-19 crisis significantly hit the manufacturing
firms in Mongolia where 92 percent of a total of 110 firms expecting a loss of revenue and
more than half of the firms considering layoffs.”
81
Asian Development Bank, Assessment on social protection response to Covid-19 in Mongolia,
Ulaanbaatar, 2020, p.5.
82
United Nations Mongolia, Common Country Analysis-Mongolia 2021, p.30.
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For the purpose of minimizing the adverse economic impact of COVID-19

pandemic, and ensuring the right of its people to adequate living, the Government
of Mongolia took a wide range of measures, including the provision of liquidity
to the banking system, moratoriums on loan repayment, various tax breaks
for businesses, and direct cash transfers and other support for households. Of
these measures, the outcome and accessibility of social welfare and protection
aimed toward providing direct support for the livelihood of the people had
been monitored. Getting material and financial assistance from the state for
old age, loss of ability to work, and emergency is not only one of the ways to
ensure the human right to an adequate living, but also the independent human
right guaranteed by paragraph 5 of Article 16 of the Constitution of Mongolia
and the Article 9 of the ICESCR.
The direction of the Government policy on ensuring the right of its citizens
to have adequate living has changed between February 2020 and February
2022. It had increased the social welfare assistance and support because of
limited economic activities due to lockdown measures established between
February 2020 and July 2021, and is pursuing a policy to promote economic
activities, loosening the restrictions since July 2021.
Social welfare and protection measures amidst COVID-19 pandemic were
unprecedented in terms of scope and speed of their implementation, and
Mongolia had spent a significant amount of its budget as compared to other
countries.83 In 2019, nearly 8 percent of GDP, 13 percent in 2020, and 9.9
percent in 2021 had been spent on social welfare and protection measures84.
Types and coverage of aid and support for the population, and budget data
are outlined in Table 1.8 below.85
83
84
85
Government Resolution No.167, dated 6 May 2020; Government Resolution No.211, dated 13
December 2020; Government Resolution No.114, dated 27 March 2020; Government Resolution
No.93, dated 8 April 2021; Official letter No.6/6387 of the Ministry of Finance, dated 28
November 2021; Official letter No.1/2794 of the Ministry of Labor and Social Protection, dated
21 October 2021.
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Table 1.8 Main social welfare and protection responses to the Covid-19 pandemic
Population
Aid and support for Period of Government Budget
No. covered
citizens implementation decision disbursed
(thous.)
1 2 3 4 5 6
Increased monetary Resolution
allowance for children 1 April 2020 - 1 No.167, About MNT 1.1
1,208.4 children
from MNT 20,000 to January 2022 dated 6 May trillion
MNT 100,000 2020
Per child for
Amount of food the period
stamp had been between 1 May
Resolution Provided MNT
increased from MNT 2020 and 1
No.167, 55.4 billion
2 8,000 to MNT 16,000 October 2020, 264.5 citizens
dated 6 May as of January
per child, and from and per adult
2020 2021
MNT 16,000 to MNT between 1 May
32,000 per adult. 2020 and 1
January 2021
Social welfare pension
and allowance for
children aged up Resolution Provided MNT
to 16 who need 1 May 2020 - 1 No.167, 163.2 billion as
3 71.5 persons
permanent care had January 2023 dated 6 May of September
been increased from 2020 2021.
MNT 188,000 to MNT
288,000.
State pays for utility
Resolution
bills, including Funded MNT
1 December No.211,
electricity, heat, 3,127.3 571,2 billion as
4 2020 - 31 dated 13
water and waste consumers of 8 October
December 2021 December
of households and 2021.
2020
businesses
One-time allowance Resolution
of MNT 300 thousand No.93, Provided MNT
5 April 2021 Every citizen
to every citizen of dated 8 1.3 trillion.
Mongolia April 2021
Resolution
Tax credit and 1 February
No.114, 462,000 Exempted MNT
6 exemption for tax 2020 - 1 July
dated 27 taxpayers 64.5 billion
penalties and charges 2021
March 2020
Provided MNT
20,000 allowance
per kg, based on the
amount of cashmere,
estimated on the Resolution Funded MNT
basis of National No.167, 20,3441 174.9 billion as
7 May 2020
Standard MNS 0550: dated 6 May herders of September
2011 "Mongolian 2020 2020
goat breeds. General
requirements”, and
livestock census as at
the end of 2019
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Medicine
Exempted from VAT and medical
Resolution Exempted
and customs duty the 1 February 2020 equipment,
No.114, from tax of
8 imported medicine and - 1 October imported
dated 27 MNT 14.3
medical equipment 2020 by over 100
March 2020 billion
and devices citizens and
226 businesses
The state
Resolution
Provided discount and provided a
1 April 2020 - 1 No.114, 580,000
9 exemption on social discount of a
July 2021 dated 27 insureds
insurance premiums total of MNT
March 2020
912.6 billion
Provided
Provided MNT benefits
Resolution For 218,001
200,000 benefit to of MNT
1 April 2020 - 1 No.114, insureds
10 every employee from 43.6 billion
July 2020 dated 27 of 7264
the Unemployment from the
March 2020 businesses
Insurance Fund. Unemployment
Insurance Fund
Survey findings suggest that social welfare and protection measures

prevented the population from getting exposed to poverty and actually
supported the livelihood of the people. According to the Asian Development
Bank (ADB), the poverty rate in Mongolia, which was 28.4 percent in 2018
could have gone up to 36.7 percent in 2020, but social welfare and protection
measures implemented amid the COVID-19 pandemic provided protection
against such adverse outcomes.86 Especially the Child Money program for every
child aged 0-17 covered 98 percent of families with children, and child money
top-up played important role in protecting the population from poverty, and
contributing to low-income families to buy basic needs such as food and
sanitary stuff.87 The World Bank survey concluded that the increase in child
money had positive impact on 40 percent of low-income families.88 According
to this survey, the pre-pandemic poverty rate was 25.8 percent, and it was
estimated that the poverty rate reached 22.3 percent after the top-up of child
money. The Government of Mongolia put in efforts and was successful in
terms of fulfilling its obligation under the ICESCR to ensure the right of its
citizens to an adequate standard of living amidst the COVID-19 pandemic.
86
Asian Development Bank, Assessment on social protection response to Covid-19 in Mongolia,
Ulaanbaatar, 2020, p.25.
87
According to the survey of UNICEF and the Ministry of Labor and Social Protection, over 60
percent of households spent the additional child money for buying food for the family. The
survey shows that about 80 percent of total households used child money for recovering
the financial loss incurred due to pandemic. Child Money program reached 98 percent of
households with children, which means that they benefit more from the Child Monet program
as compared to other Government measures in response to Covid-19 pandemic. For instance,
measures with the same expense, such as social insurance discounts and personal income tax
exemptions reached less than 30 percent of households with children.
88
Official letter No. 6/6387 of the Ministry of Finance, dated 18 November 2021. “It was
concluded that the rate would reach 31.7 percent without such measures.”
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It is essential to carefully consider whether social welfare and protection

measures could be the sustainable policy solution to ensure the right of
Mongolian citizens to an adequate standard of living, however efficiency
and accessibility of assistance and support are insufficient. In 2019, the fiscal
revenue share to the GDP of Mongolia was 30 percent, whilst in the years
of the COVID-19 pandemic, it dropped down to around 26 percent. Besides
revenue decline, Mongolian fiscal expenditure, which was 32 percent of GDP in
2019, grew to 38 percent in 2020 and 36 percent in 2021, which are primarily
connected to the increase in expenditure on social welfare and protection
assistance and services. The Consolidated budget deficit, which was 2 percent
of GDP in 2019, increased to 12 percent in 2020 and 6.7 percent in 2021.89
Accumulation of public debt, estimated at around 80 percent of GDP as of 2021
continues to rise in 2022. Although budget deficits and external debts increase,
pensions had been increased under the Government Resolution No.63, issued
on 1 February 2022, growing the expenditure for social welfare and protection
measures.
The International Monetary Fund (IMF) and the World Bank argue that
social welfare and protection measures in response to the COVID-19 pandemic
prevented poverty from expanding, but these measures have been extremely
expensive and undermined future fiscal sustainability90. “Decline in the poverty
rate, which was 29.6 percent in 2016 to 28.4 percent in 2018, owes to the too
generous social welfare system rather than to the creation of abundant well-
paid jobs”, concludes the UN Resident Coordinator Office in Mongolia.91 In
terms of number of population, covered by the social welfare and protection
measures, Mongolia leads the Asia-Pacific region.92
Figure 1.2 Total fiscal measures for Covid-19 response (in the percentage of GDP)93
20
18
16
14
12
10
8
6
4
2
0
nd sia ia ia ne ar R
ila olia ile e ys d pi nam m D.
Th
a
ng Ch on al
a bo ilip iet an P.
o d m y o
M In M Ca Ph V M La
89
NSO, <https://www.1212.mn/>
90
91
92
93
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Figure 1.3 Total social assistance spending (in the percentage of GDP)94
Conditional Cash Transfer Unconditional Cash Assistance

4.0 Social pension School feeding
Public works Food and in-kind
3.5 Fee waivers Other Social Assistance
3.0
2.5
2.0
1.5
1.0
0.5
0.0
ia na ia an n) n) pe
l i s t ia
go Ch Rus hs e d Е d ia uro
on z ak (m ЕМ e E
M Ka (m D
ЕМ
International organizations warned to take measures to protect from multi-

dimensional inequality the marginalized groups who are most at risk of being
left behind, including women, migrants and immigrant workers, persons with
disabilities, and informal workers, since the COVID-19 pandemic could potentially
deepen inequality worldwide. The NSO survey of October 2020 showed us
inequality in income, property and education service had been growing.95
The UN Resident Coordinator Office in Mongolia reminds that already high
inequality in income, wealth, and access to educations would increase after
the COVID-19 pandemic, and negative outcomes of the crisis would be long-
lasting.96 According to the survey of the World Bank, ADB and NSO, actions
taken by poor families such as selling their properties and borrowing a large
sums of money to meet their basic needs would have a negative impact in the
long run and would likely increase inequality in the future.97
However, Gini coefficient, which estimates inequality among the population,
doesn’t support this conclusion. The Gini coefficient of Mongolia which was
at 32.7 in 2019 was estimated at 33.1 in 2020 and at 33.05 in 202198. Since the
adverse economic effects of the COVID-19 pandemic would be long-lasting, it
is essential to analyze in detail how the pandemic affects the inequality among
the Mongolian population, and to harmonize social welfare, protection and
development policies.
94
95
NSO, “Coronavirus and the economy” October 2020, p.19.
96
97
ADB, Assessment on social protection response to Covid-19 in Mongolia, Ulaanbaatar, 2020,
p.4 and p.5.
98
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According to the surveys on the accessibility and utilization of child money

and food stamps, the efficiency and effectiveness of social welfare and
protection measures should be improved because such measures had not fully
covered the target groups. The Child Money Program is a general social transfer
for all households in Mongolia, while the Food Stamp Program is a specific
social transfer for low-income or poor households. The World Bank and NSO
survey indicates that nearly 84 percent of poor households and 60 percent
of non-poor households received child money, and only 11 percent of those
with low food security and 21 percent of the poor households received food
stamps.99 This indicates that the child money program has successfully fulfilled
its goal to support the livelihood of the vulnerable population groups, whilst
the majority of food stamps might have been given to non-target groups. The
ADB analysis shows that the bottom 20 percent of population receives 26.4
percent of the child money program budget, and only 13.2 percent goes to
the top 20 percent of the population.100 According to the UNICEF survey, 73
percent of poor households used child money for basic needs such as food,
while the half of non-poor households saved the child money.101 Child Money
Program had been an important livelihood support for low-income groups, and
less significant for high-income groups in society.
The surge in Consumer Price Index (CPI) diminished the actual effectiveness
of social welfare support and assistance in the past 2 years. According to the
UNICEF survey, 84.4 percent of 1,070 households that received child money
and 90.3 percent of 1,087 households that received food stamps were hit
by the financial crisis during the pandemic; and income of 64.3 percent of
households that receive child money and 48.3 percent of households that
receive food stamps had declined as compared to the previous year.102 However,
household consumption expenditure of 58 percent of households that receive
child money and nearly 70 percent of households that receive food stamps had
increased. Although the budget for basic needs including food and sanitary
stuff had increased, only 16.6 percent of households responded that they
increased their food consumption. Majority of child money and food stamp
top-ups is spent for covering the price growth of consumer goods. Since food
stamps should be used at the particular trade center or shop in the residential
of the recipient, 68.6 percent of households that received food stamps had
been affected significantly by the price surge103. The price of consumer goods
99
100
101
ADB, Assessment on social protection response to Covid-19 in Mongolia, Ulaanbaatar, 2020,
p.4 and p.5.
102
UNICEF, Assessment of the Government of Mongolia’s Shock-Responsive Vertical Expansion
of Social Assistance in Response to Covid-19, 2020, p.2, p.3 and p.4, Summary report, UNICEF,
IRIM 3
<https://www.unicef.org/mongolia/media/3546/file>
103
UNICEF, Assessment of the Government of Mongolia’s Shock-Responsive Vertical Expansion
of Social Assistance in Response to Covid-19, 2020, p.2, p.3 and p.4, Summary report, UNICEF,
IRIM 3 <https://www.unicef.org/mongolia/media/3546/file>
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tends to increase in the future, meaning that it is essential to take immediately

action to direct social welfare assistance and services to target groups and to
increase effectiveness.
The main reason why target groups that should get social welfare assistance
and support are left behind is that state services are organized in Mongolia
on the basis of permanent residential address and administrative unit of the
citizen, and criteria for getting some welfare programs, such as food stamp are
not grounded in reality. People, who don’t live in their permanent residential
addresses, had been left out of any assistance and support for livelihood during
the COVID-19 pandemic. It has been true especially for households in ger areas
in Ulaanbaatar. Although migration to the capital city had been restricted in
recent years for the purpose of reducing air pollution, the number of migrants
to Ulaanbaatar had not declined that much, according to the International
Organization for Migration (IOM). “The official number of registered migrants
in Ulaanbaatar dramatically decreased from 25,000 in 2017 to 6,800 in 2019.
Because the restriction on actual migration was not working, poor households
were migrating to the city, however the ban did not allow them to register
in the State Civil Registration Database, resulting in violation of their rights to
education, basic health services, and land ownership”, concludes the IOM.104
More than half of the households residing in ger areas in Ulaanbaatar are
migrant households that had not registered with the residential registration
system. The absence of such registration limits the accessibility to social welfare
services, and in some cases, it leads to elimination from the previously registered
social welfare services. Two out of every 5 households, involved in the IOM
research study replied that households economy had deteriorated as compared
to the pre-Covid-19 pandemic, and 56.3 percent of non-migrant households
and 38.6 percent of unregistered migrant households responded that the
overall economic situation had degraded, which implies the vulnerability of
unregistered migrant household.105 During the Covid-19 pandemic, migration
from the countryside to the city tends to increase. According to NSO, a total
of 43,478 persons migrated to Tuv, Orkhon, Selenge, Darkhan, Khentii,
Uvurkhangai and Dornogobi aimags from Ulaanbaatar in 2020.
Case 1.19
...You can get into the Food Stamp Program with the help of the insider. Those in
desperate need could not get food stamps, so the criteria should be made better...
(From the focus group discussion, held with the poor and migrants in the city)106
104
IOM, Summary of “Research study on Assessing the Effectiveness of Migration restrictions in
Ulaanbaatar and Migrants’ Vulnerability”, 2021.
105
IOM, “Migration and Employment”, Research report, 2020, p.70.
106
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Besides migrants, it is common among persons with disabilities, elderly

people and sexual minorities not to live in their registered residential addresses
due to their distinctive lifestyles. Persons with disabilities and elderly people,
registered in ger areas, live in public accommodations in the winter, while
sexual minorities have to stay at hotels as they could not stay at the same
address because of discrimination, hatred and harassment inflicted by their
families and close ones.107
Case 1.20
...Persons with disabilities live in public accommodations during winter time as it gets
unsafe and slippery for them to travel, and to save some fuel and coal money. While
living in the public accommodations, such people are left out of the assistance and
support provided by khoroo and district because of not staying at the address. Not
only that, they could not get services from the family health center...
...Nearly 8,000 out of 30,000 wheelchair users in Ulaanbaatar live in the apartments...
(From an interview of citizen B.Chuluundolgor given to Untold Podcast)108
1.5 monitoring and analysis on decisions and activities that

restrict civil and political rights
1. Principles and grounds for restricting civil and political rights
The COVID-19 pandemic showed that it was important to take into account
the complex and interconnected social relations and multifaceted human life
when determining and implementing actions in response to the pandemic and
communicable diseases. Also, it suggested that the grounds and principles
for restrictions on human rights and freedoms evolved in the international
laws had to be reflected in the Mongolian legal framework. Mongolia made a
progress in terms of legal development by incorporating into Article 11 of the
Law on Covid-19 Pandemic the principles on the restriction of human rights and
freedoms that are similar to those specified in Article 4 of ICCPR and Siracusa
Principles on the Limitation and Derogation Provisions in the ICCPR.109
107
It has been mentioned during the interview held with officers of LGBT Center NGO that the
right to housing of LGBT people, who live in hotels, had been restricted as operations of service
industries, particularly hotels had been shut down during all-out emergency preparedness
state, 3 March 2021.
108
Friedrich Ebert Foundation, “Impressive stories for a more inclusive Mongolia”, 2020, p.58.
109
The Siracusa Principles on the Limitation and Derogation Provisions in the ICCPR had been
adopted under the Resolution No.E/CN.4/1985/4, adopted by the UN Economic and Social
Council on the 28th of September 1984.
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Case 1.21
...Article 11. Requirements on decisions and actions of authorized organizations and

officials
11.1. Decisions and actions of authorized organizations and officials on prevention
and combat against the pandemic shall meet the following requirements in case of
restricting human rights and freedoms, protected by the Constitution of Mongolia:
11.1.1. must be made in accordance with the legal grounds and procedures;
11.1.2. must have intentions of protecting the national security, public order, public
morals, public health or other fundamental human rights and freedoms;
11.1.3. must be necessary and proportional for the intention specified in subparagraph
11.1.2 of this Law;
11.1.4. must not prejudice the Constitutional provisions that guaranteed the right
to life, freedom of conscience and religion, and the right to defense and receive
legal assistance; and provisions that prohibited the subjection of anyone to torture,
inhuman and cruel or degrading treatment;
11.1.5. must not discriminate any person on the basis of ethnic origin, language,
race, age, sex, social origin or status, property, occupation or post, religion, opinion,
education, or other characteristics, and must not defame anybody;
11.1.6. must protect the privacy and personal data of a person, suspected or
confirmed of contracting coronavirus disease, prevent any disclosure of personal or
family secrets, and must not put in a situation of being discriminated in any ways
or defamed.
(From the Law on Covid-19 Pandemic)
The following matters should be considered when monitoring and analyzing

the restrictions on human rights and freedoms amidst the COVID-19 pandemic,
and revising provisions of national legislations on restricting human rights and
freedoms:
First, the grounds and principles for restricting civil and political rights and
freedoms are different from the principles for restricting economic, social and
cultural rights. Civil and political rights and freedoms in a protected space have
a nature and goal to limit the state’s unlawful and arbitrary interference, and
therefore state’s members are obliged not to interfere with the exercise of
such rights and freedoms by individuals. However, the state is responsible for
taking actions and facilitating conditions for the people to enjoy the right to
education and health protection, and the state should fulfill its obligations “with
a view to achieve progressively, to the maximum of its available resources” as
stated in Article 2 of the ICESCR. According to paragraph 1 of Article 4 of the
ICCPR, States Parties may derogate from their obligations “in time of public
emergency which threatens the life of the nation”, whereas no state should
derogate from obligations pertaining to economic, social and cultural rights.
RIGHTS AND FREEDOMS
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Article 4 of the ICESCR states that economic, social and cultural rights may be
subjected to limitations as are determined by law “solely for the purpose of
promoting the general welfare in a democratic society.”110
Second, during the COVID-19 pandemic Mongolia had not declared a
state of emergency and had not derogated from its obligation, established
by paragraph 1 of Article 4 of the ICCPR when restricting human rights and
freedoms. Although it didn’t declare a state of emergency and didn’t derogate
from its obligation under ICCPR, Mongolia may restrict human rights and
freedoms in compliance with the Constitution of Mongolia, conditions allowed
by the ICCPR, and the procedures established by law.
Third, human rights and freedoms that cannot be restricted in any way
are established by the Constitution of Mongolia, legislations and international
instruments.111 Right to life, freedom of conscience and religion, freedom of
thought and expression, right to seek and receive information, and right to not
be subjected to torture, inhuman, cruel, or degrading treatment should not be
restricted at all.
The Law on the COVID-19 Pandemic set out the procedure for restricting
human rights and freedoms, however this procedure had not been followed
in most cases, and its application had not been sustained. In this section,
the enforcement of principles specified in subparagraphs of paragraph 1 of
Article 11 of the Law on Covid-19 Pandemic had been reviewed, including 1)
grounds and procedures for restricting human rights and freedoms should
be established by law; 2) restrictions should be necessary and proportional
for protecting the public health; and 3) restrictions should not defame and
discriminate individuals, and should respect privacy.
2. Implementation of the principle for establishing by law the grounds

and procedures for restricting human rights and freedoms
According to this requirement, human rights and freedoms can be restricted
on the ground of legal provisions that became effective in compliance with
the established procedures and are available to the public. Besides being
the guarantee for not restricting human rights and freedoms on the basis
of official’s desire and discretion, this requirement is the requisite for the
fulfillment of the fundamental purpose of state activity – respect of law. It has
been stated in 25 provisions of the Law on the COVID-19 Pandemic, obliging
authorized organizations and officials to adopt and enforce procedures and
rules. As of 24 January 2022, 22 documents had been adopted and enforced,
and one procedure was under development, and two procedures specified in
110
Committee on Economic, Social and Cultural Rights, General Comment No.14 (11 August 2000,
UN Doc E/C.12/2000/4), line 28.
111
Paragraphs 1, 13, 15 and 16 of the Constitution of Mongolia, Paragraph 2 of Article 4 of the
ICCPR, subparagraph 11.1.4 of Article 11 of the Law on Covid-19 Pandemic.
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paragraphs 9.4 and 9.8 of Article 9 of the Law had not been prepared and
approved.112
Actions had been taken to restrict human rights and freedoms on the
basis of legal normative acts that had not become effective. The Law on the
COVID-19 Pandemic stipulates the adoption of ten legal acts that established
universal norms, of which 4 acts had been adopted and registered at the
national integrated database of administrative normative acts.113 One of the
main restrictions on human rights during the COVID-19 pandemic was the
quarantine measure. Depending on coronavirus epidemiology, the period for
isolating repatriates and suspected cases had been changed several times,
and the quarantine measure had been regulated by the temporary procedure,
adopted under the Order of the Chairman of SEC until it had been stopped
under the decision made by Cabinet session on 12 January 2022. For instance,
at first, the quarantine period was 14 days under the “Temporary procedure
for isolate and quarantine citizens during coronavirus (Covid-19) infections”,
adopted by the Chairman of SEC on 14 March 2020, and then it had been
extended to as 21 days under the Order No.155 “On adopting the temporary
procedure”, dated 14 March 2020, reduced to as 10 days under the Order No.20
“On adopting the temporary procedure and the guideline”, dated 25 February
2021, and to as 7 days under the Orders No.31 and 32 “On adopting the
temporary procedure and the guideline”, dated 24 May 2021, Order No.43 “On
adopting the temporary procedure”, dated 7 May 2021, and the Order No.51
“On Revising the temporary procedure”, dated 24 June 2021. These compulsory
112
Paragraph 9.4 of Article 9 of the Law on Covid-19 Pandemic states, “Medical equipment
and devices for protecting from communicable diseases shall be imported by companies or
organizations holding the license, issued by the state central administrative body in charge of
health matters based on laboratory analysis that determined whether medical equipment and
devices meet the hygienic requirements, and the list of protective equipment shall be approved
by the Cabinet member in charge of health matters”, and paragraph 9.8 of Article 9 specifies,
“In the event passenger and transport vehicles cross the border in a state of quarantine,
representatives of relevant authorized bodies besides border inspection body may work at
the border port, and the Head of border port council shall adopt the special procedure to be
followed in such operations and provide integrated coordination.”
113
“Temporary procedure for organizing measures to prevent from coronavirus infections
(Covid-19)”, adopted under the Order No.18, issued by the Chairman of SEC on 22 February
2021 had been registered on 10 March 2021 (at 5111), “Procedure for receiving information
and data from individuals and legal entities for the purpose of tracing the movements of
the confirmed case”, adopted under the joint Order No. А/72, А/63 and А/151, issued by
the State General Prosecutor, Director of General Intelligence Agency, and Commissioner
General of the National Police Agency on 31 May 2021 had been registered on 8 June 2021
(at 5290), “Temporary Procedure for amending loan contract online by banks”, adopted
under the order No.A-100, issued by the Governor of the Bank of Mongolia on 12 April 2021
had been registered on 10 April 2021 (at 5217) and “Procedure for quick exchange with the
Government, other governmental organizations and businesses the digital data for determining
the scope of pandemic”, adopted under the joint Orders No. А/143 and А/103. issued by the
Commissioner General of the National Police Agency and Chairman of the Communications
Regulatory Commission on 21 May 2021, had been registered on 10 May 2021 (at 5237) with
the integrated state database of administrative normative acts.
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temporary procedures that are directed outwards, made for all to adhere to
and applied repeatedly are administrative normative acts, specified in Article 59
of the General Administrative Law, and according to paragraph 67.2 of Article
67 of the General Administrative Law, such acts would become effective after
they are registered with the integrated state registration of administrative
normative acts and published on “Compilation of Administrative Normative
Acts”.114 The above-mentioned temporary procedures were not registered with
the integrated state registration of administrative normative acts.115 Restricting
human rights and freedoms on the ground of ineffective legal normative acts
is a constitutional, administrative and human rights violation.
Procedures, rules and guidelines that should be adopted and enforced
under the Law on the COVID-19 Pandemic had been prepared not in prior to
but in the midst of implementing relevant actions. For example, “Guidelines for
infection prevention response during international air transport of freight and
passengers” was adopted under Order No.58, issued by the Chairman of SEC
on 02 June 2021. This guideline was an important document that should be
followed when the Government repatriated 163 charter flights 26,932 citizens
to Mongolia between 1 February 2020 and 30 April 2021. During the peak of
the repatriation process, there wasn’t any instruction or guideline for arranging
international flights, therefore such operations were dependent on the
discretion and attitude of government officials who managed the operations
and were implemented differently in various locations; and even constituted
human rights violations in some cases.
Case 1.22
...The Command Center of the Embassy of Mongolia in Germany made a decision not
to include in the charter flight of December 16, 2020 from Frankfurt to Ulaanbaatar
citizen “Ts”, whose test results came positive. Registered at the Embassy in Prague,
citizen “Ts” arrived at the Frankfurt international airport and was registered and sent
to the departure hall. As one of the passengers, waiting for the flight, informed that
someone who contracted the virus was in the hall, passengers’ test sheets had been
re-checked and identified citizen “Ts”. The Command Center of the Embassy of
Mongolia in Germany informed to NHRC that in accordance with the instructions,
given by the SEC, it made such decision to protect the health and safety of other
passengers.
(The NHRC, The 20th Status Report on Human Rights and Freedoms in Mongolia,
p.16, 2021)
114
According to the Article 70 of the General Administrative Law, an administrative normative
act should be approved and issued by the authorized administrative body and the act should
come into force upon public announcement in case there’s an urgency that such act should
be approved immediately, however such effective administrative normative act should be
registered with the state central administrative body in charge of legal matters within three
working days after its approval.
115
Reference sheet No. 3-2/65 of the Department of Control and Registration of Administrative
Normative Act of the Ministry of Justice and Internal Affairs, dated 16 September 2021.
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3. Implementation of the principle of necessity and proportionality of

restrictions on human rights
Human rights and freedoms may be restricted for the purpose of protecting
national security, public order, public morals, public health, or other fundamental
human rights and freedoms, and such restrictions must be proportional and
necessary for the achievement of the aim. During the COVID-19 pandemic,
normal public life may have been changed and human rights and freedoms may
have been restricted solely for the necessity of safeguarding the public health.
According to the principle, such restrictions must be necessary to the extent
required for achieving the goal of protecting the public health. In other words,
effectiveness of any restrictive measures such as isolation, quarantine, contact
tracing, personal data collection, movement and crowd limitation should be
projected scientifically before restricting the rights and freedoms guaranteed
by the Constitution of Mongolia and the international instruments. The state
is obliged to take a measure that is least restrictive of human rights and
freedoms if there are several potential ways to achieve the aim of containing
the spread of infectious disease.
However, when taking measures to restrict human rights and freedoms
for the purpose of combatting against the COVID-19 pandemic, there were
very few cases where this principle had been adhered to, the restrictions had
been least restrictive, and risks had been estimated on scientific basis. Personal
data collection for the purpose of controlling coronavirus spread and tracing
contacts can be named as an example. People had to fill in the data or register
on e-barimt system to get access to the organizations and services for the
period between May 2020 and June 2021.
The COVID-19 early notification system, known as exposure notification
application was introduced jointly by the SEC, Communications and Information
Technology Authority (CITA), MOH, “Gerege Systems” LLC and “Onom
Foundation” NGO on 19 April 2021. CITA informed that in collaboration with
Аpple and Google, this technology is being configured for the use in Mongolia
to support healthcare organizations and to notify promptly to the close contacts
of confirmed cases.116 Based on the positive test results recorded in the database
at the MOH’s website https://eruul.gov.mn, developed by “Gerege Systems”
LLC to record confirmed coronavirus cases, this application gives a security
code to users who contracted the virus, notifies via Bluetooth technology the
other users in the vicinity of the person who contracted the virus, and transmits
exposure signals. Legal and technical guarantees for privacy protection had not
116
This system, which operates on activated devices, allows those who come into contact with
a positive case of Covid-19 to be notified promptly by exchanging security codes with the
other users around you using Bluetooth technology, and if activated devices stayed together
closer than 2 meters for more than 15 minutes, the system recognize it as an exposure and
sends notification. The Аpple and Google system is designed to ensure the privacy because it
avoids combining user’s personal and location data with the general data randomly exchanged
between devices.
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been provided and actual outcomes had not been projected when taking these
actions. Although a large sum of personal data related to financial, health,
social and economic status had been collected, it is not clear how the data had
been used for the infection containment.
It has been mentioned in the 20th Status Report on Human Rights and
Freedoms in Mongolia that technologies for recording confirmed coronavirus
cases, tracking and tracing contacts had been used in some aimags and soums,
besides the aforementioned technological solutions tried nationwide.117 No
additional data had been recorded on the use of such technology in local areas
in 2021. However, the NHRC got informed of the use of drones (flying camera)
in Tsenkher and Tovshruulekh soums in Arkhangai aimag, Bugat, Buregkhangai
and Teshig soums in Bulgan aimag, and in Uliastai soum in Zavkhan aimag
when the state of emergency of all-out preparedness level had been declared
and lockdown measures had been established.
According to the Law on the COVID-19 Pandemic, a procedure for getting
information and data from individuals and legal entities for the purpose of
tracking and tracing the movements of confirmed cases should be jointly
approved by the State General Prosecutor, Director of General Intelligence
Agency, and Commissioner General of the National Police Agency, and opinion
of the NHRC on the procedure should be reflected.118 This procedure had not
been prepared and adopted until 31 May 2021, and the approved procedure
had not reflected the opinion of the NHRC on the provision of guarantee
to protect the privacy of individuals and the arrangement of the process of
collecting data from individuals on paper or online forms.
117
Collection of personal data using technology without ensuring legal guarantee is a human
rights violation, and it’s unclear whether its further consequences would be harmful. For
details, please see the 20th Status Report on Human Rights and Freedoms in Mongolia, p.104-
108.
118
Paragraph 9.18 of Article 9 of the Law on Covid-19 Pandemic.
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Case 1.23
...Since relations to be regulated by the Procedure were very limited in today’s

practice and reality, the draft procedure could not be the effective protection to
ensure human right to privacy, personal liberty and safety, guaranteed by the
Constitution of Mongolia and international instruments. Both the traditional or
manual methods and technology-based solutions are used for tracking and tracing
population movements and close contacts of suspected Covid-19 cases in Mongolia.
But the procedure left out the technology-based solution, specifying only manual
tracing methods...
...First and foremost the following principles should be reflected:
One. On manual record of people’s movements
1. It is good that the draft procedure incorporated the principle for protecting
the privacy and guaranteed the right to appeal to the court for restoration of
infringed rights, however it stated too generally the movement tracking and types
of information that can be obtained from “authorized body”, individuals and
legal entities. “Authorized body” included intelligence and police organizations,
excluded other private and public organizations that should participate in these
operations, namely public administrative, health, information and communications
organizations; and their rights and responsibilities were not specified. It is stated
in paragraph 5.1 of Article 5 of the procedure that “information other than those
related to privacy of the person such as full name, phone number, home and
office address” should be obtained. Here, it is not clear what “other information”
means. Such general regulation allows authorized officials to interpret the
procedure at their discretions, subjecting personal data to disclosure. Information
to be obtained from an individual, suspected of contracting Covid-19, should not
be more than that required for tracking movement and tracing close contacts,
and organizations in charge of these operations should be obliged to prove that
the collected data is necessary for the achievement of the aim.
2. It is important for organizations working with personal data to appoint an
authorized officer in charge of storing, communicating, securing, transferring
and editing the data, and establish a protocol allowing only those officers to have
access to personal data stored in a secured computer or a database. Principle for
investigating any violation of the right of a citizen to personal data protection
has been inadequately reflected in the draft procedure (paragraph 5.7 of Article
5 and subparagraph 6.1.5 of Article 6) in case the citizen filed a complaint. It is
important to specify a state body to monitor whether personal data of citizens
are protected. In framework of its obligation by law to monitor the exercise of
human rights and freedoms, the National Human Rights Commission may be in
charge of monitoring personal data protection.
3. Movements of legal entities and citizens are recorded on paper form and on
e-barimt platform in order to track and trace people’s movements. Due to lack
of regulations concerning such operations, there were incidents where paper
data were left open and unattended, other people got hold of and used private
information such as phone numbers. It is essential to reflect in the procedure the
protocol of recording people’s movement on paper, and oblige organizations and
businesses to protect personal secrets.
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4. The procedure incorporated too generally the protocol of keeping and storing
information and documents collected from citizens in accordance with the
legislations on archives and document handling... It is crucial to specify in the
procedure which organization should be in charge of collecting and compiling
paper records, generated by legal entities; how such information and data
should be protected, used and destroyed. Information and data collected for the
purpose of protecting the public health should be used for this purpose only, and
therefore legal grounds should be provided for collected data to be destroyed as
soon as the pandemic is over.
Two. On technology-based record of movements of the population
1. NHRC supports the collection of personal data using technological advancement
necessary for the protection of human life and public health, and the effective
use of such data by creating proper monitoring and protection. This might be
the most useful solution for our country where human resource is insufficient.
It must serve for the purpose of safeguarding the public health, and ensure
stringent protection of personal data. The procedure should include what data
should be collected via movement tracking technology, software and application;
their general protocol of operations; principles for ensuring information safety;
organizations to have access to the collected data; their rights and responsibilities;
and the period for storing data. Also, it should be reflected in the procedure
that these information should be open and transparent to the public, allowing
individuals and civil society organizations to monitor.
2. Technology for recording movement of the people and software and platforms
used for the fight against coronavirus are developed and used in collaboration
with the private sector. As results, a big personal data of citizens is generated
at the private sector, and therefore it is essential to reflect in the procedure the
legal provisions for destroying such data once the goals to fight against the
pandemic and to protect the public health had been achieved.
(Opinion No.1/515, given by the NHRC on 4 May 2021 to the “Procedure for getting
information and data from citizens and legal entities for the purpose of tracking and
tracing movements of positive cases”, adopted under the joint Orders No.А/72, No.А/63
and No.А/151, issued by the State General Prosecutor, Director of General Intelligence
Agency, and Commissioner General of the National Police Agency on 31 May 2021.)
4. Implementation of the principle which limits human rights and

freedoms that do not defame and discriminate, and respect privacy.
By law, restricts on human rights and freedoms should not defame and
degrade a person; should not discriminate against individuals and any social
groups based on their ethnic origin, language, race, age, sex, social origin or
status, property, occupation or post, religion, opinion, or education; and should
respect privacy and personal secrets of individuals. Limitations on human rights
and freedoms established during the COVID-19 pandemic should apply equally to
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everyone and every social group.119

One of the examples that showed incompliance with some measures
taken to fight against the COVID-19 with the principles of non-discrimination
and equal treatment was the peaceful assembly. Government organizations
held public events during the 2nd and 3rd waves of the COVID-19, where
coronavirus infections aggravated from partial to public infections, and the
number of confirmed cases increased.
Case 1.24
...A total of 7,9448 cases were confirmed for 15 days prior to the Presidential
election campaign covering the period 9-23 May 2021, 13,911 cases for 15 days of
the election campaign, covering 24 May-7 June 2021, and 31,607 cases for 15 days
after the election campaign, covering 8-22 June 2021. According to the joint MOH
and NEMA surveillance team, the drastic spread of coronavirus infection is caused
by election campaign and state award handover ceremonies...
...”Book fair” festival was organized at Sukhbaatar square on 11-13 June 2021. More
than 100 publishing companies, about 80 booksellers, over 300 authors, translators,
artists, designers, librarians and 50 readers attended the event...
...The Government organized “Digital nation” event at the National Amusement Park
on 17 September 2021 and around 30 thousand people gathered at the event...
As mentioned above, state organizations hosted events and assemblies

during the intense spread of coronavirus infection, however there were several
cases where assemblies to express opinions, or to criticize state operations had
been restricted and dispersed because of the COVID-19 pandemic. The number
of assemblies had risen in the years of the COVID-19. According to the National
Police Agency, 983 assemblies, demonstrations and hunger strikes had been
held in the past 5 years, of which 128 assemblies and demonstrations were
registered in 2017, 180 in 2018, 206 in 2019, 255 in 2020 and 214 in 2021.120
There’s a big difference between the data from the Capital City Governor’s
Office that says 6 requests for organizing assemblies were received at the
Office in 2020 and 16 in 2021, and the data from the National Police Agency.
119
The same requirements should be set up in the same condition, however it is not a discrimination
if different requirements are established for officers on duty and on citizens for the purpose
of safeguarding public health, maintaining public order, and ensuring rights and freedoms of
others, as well as other rights protected by law.
120
Data reported by Colonel L.Nyamdavaa, Chief of Legal Department of the National Police
Agency at the public hearing on the enforcement of the Law on Procedures for Demonstration
and Assembly, organize by the Standing Committee on Legal Affairs of the State Great Khural
on 30 December 2021.
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There were cases where restrictions on human rights were inhumane, and
state organizations and officials disseminate information to the public in a
way not respecting the privacy and reputation of the persons affected.121 the
COVID-19 pandemic revealed that government officers and the general public
lacked practice and attitude to protect and treat properly the privacy and
personal data of individuals. Dissemination of information on citizen “D”, the
first confirmed the COVID-19 case in November 2020 violated human rights,
and intensified disappointment and division in the society, and the situation
remained unchanged in 2022. For example, on the 17th of February 2022,
an official of the NCCD showed on social networks the form containing full
name, age, sex, passport number PCR test results and diagnosis of a person
when informing on PCR testing for people going abroad.
1.6 management and coordination of actions in response to

the covid-19 pandemic, and human rights issues
1. Decision-making structure and activities amidst The COVID-19
pandemic
It has been mentioned in the 20th Status Report on Human Rights and
Freedoms in Mongolia that human rights and freedoms had been violated
as multifaceted human lives had not been considered in making policies
and decisions in response to the COVID-19 pandemic; and functions of
organizations including health, emergency, police and specialized inspection in
the implementation of such policies and decisions had not been harmonized.122
On one hand, it is because Mongolia had been inexperienced since it was
dealing with the global pandemic for the first time.123 On the other hand,
preparation and arrangement had not been done, human rights had been
violated, and preventable mistakes had been made repeatedly because not few
organizations and officials participated in the management and arrangement
of response to public health disasters; there were many decision-making steps;
power and functions of organizations were not clear; and the main structure
and composition of the SEC and its Command Center that coordinate the
COVID-19 response measures had been changed several times in recent 2 years.
121
For more, see sub-section 6.2 of this Chapter and p.102-103 of the 20th Status Report on
Human Rights and Freedoms in Mongolia.
122
For more details, see Chapter 1 of the 20th Status Report on Human Rights and Freedoms in
Mongolia.
123
Outbreak of cholera in 1996 and SARS in 2003 had been subsided relatively faster.
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Case 1.25
...Organizations, especially the MOH and the SEC had poor collaboration during the
COVID-19 pandemic. Cooperation between health departments and hospitals; hospitals
and family health centers; and the emergency agency and police was poor...
...There was a misunderstanding on many issues, as the SEC announces its decisions
to the public directly without notifying its subordinates. Especially, many mistakes
were made with regard to lockdown. Perhaps now it gets...
...Decisions of SEC were too stringent and were made without informing to the
public....
(From an interview held with physicians, involved in the sociological survey of the
NHRC)
In most countries around the world, decisions on response to the COVID-19

pandemic had been made by the Governments; implementation of such
decisions had been coordinated by the heads of the executive bodies, and
response measures had been implemented by the emergency sector. As for
Mongolia, decisions on nationwide responses to the COVID-19 pandemic are
made by the President, the Government, the SEC, its Command Center and the
National Disaster Protection Health Unit; and decisions on local responses are
made and implemented by aimag, the capital city, soum and district emergency
commissions and their command centers.124 Structures of disaster protection
and response organizations (the Government, the SEC, its Command Center,
the National Disaster Protection Health Unit, etc.) and cooperation of these
bodies had not been clearly specified in the Law on the Government of
Mongolia and the Law on Disaster Protection in a way of enabling prompt
and effective cooperation.
According to the Law on Disaster Protection, the Government has the power
to determine the occurrence of international quarantinable disease, declare
and change levels of disaster preparedness and approve rules and regulations
on disaster preparedness.125 Disaster protection activities should be directed
by the Cabinet member in charge of disaster protection matters, and the
implementation of such activities should be ensured by the state administrative
body in charge of disaster protection.126 Emergency Commission is a structure
124
President of Mongolia released one order (Order No.10 on giving direction to the Government,
issued on 12 February 2020) on response to Covid-19 pandemic.
125
Subparagraphs 11.3.3 and 11.3.5 of Article 11 of the Law on Disaster Protection. After the
outbreak of Covid-19 pandemic had been reported or on 14 May 2020, the Law on Disaster
Protection had been amended, expanding the power of the Government. For instance, the
Government is responsible for approving disaster protection rules, procedures and plans;
establishing the criteria for determining the disaster and the level of disaster; making decisions
on mobilization of disaster protection forces and evacuation; and determining the direction
of measures to be taken in case of transfer to the level of emergency readiness, and deciding
relevant funds.
126
Paragraph 23.1 of Article 23 of the Law on Disaster Protection.
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responsible for providing unified management and coordination of response

activities, making decisions, promptly organizing and monitoring during disaster
and emergency situations, and the SEC is established by the Government,
and aimag, the capital city, soum and district emergency commissions by the
respective Governor.127 According to the Law, the SEC may establish and operate
command centers to manage disaster protection activities at national level, and
emergency groups at the local level, if necessary.128 Also, the Law provides that
state disaster protection units may be established depending on the disaster
situations, and the Cabinet member in charge of disaster protection matters
should determine the composition and operational procedure of these units.129
The state disaster protection units are allowed to have command centers.130 It
is doubtful whether it would be the optimal solution if the supreme decision
on disaster protection and emergency response activities is made by the Prime
Minister, the Minister in charge of emergency matters, the Government, the
SEC and state disaster protection units; and the implementation of such decision
is ensured by command centers, and sectoral agencies. There were several
cases in which decisions of the SEC and Capital Emergency Commission (CEC)
were different and not consistent with each other during the fight against the
COVID-19 pandemic.
Management and coordination of response actions, established by the Law
on Disaster Protection, didn’t work out during Covid-19 as the way it was written
on the paper. As provided by the Law, the National Disaster Protection Health
Unit, headed by the Minister of Health should be responsible for planning and
implementing response activities to the pandemic, and collaborating closely
with the SEC. This structure had been adopted during the first months of the
COVID-19 pandemic131, however the Command center of the SEC had been
established at the NEMA under Order No.6, issued by the Chairman of the SEC
on 12 March 2020 after the first imported case of coronavirus infection was
reported in Mongolia. In November 2020, when the first local transmission of
the COVID-19 was confirmed in Mongolia, the Command center of National
Disaster Protection Health Unit to protect from disaster and coronavirus
infection, headed by the Minister of Health and the Head of Command Center
of SEC, had been newly established at MOH under Order No.137, issued by the
Chairman of SEC. In this way, as Covid-19 situation changes, the Command
center, responsible for implementing decisions of the Government and the SEC,
and coordinating sectors had been changed.
127
128
Subparagraph 271.1.6 of Article 271 of the Law on Disaster Protection.
129
130
Annex 3 to the Government Resolution No.347, dated 21 November 2018.
131
For example, official task No.19, issued by the Minister of Health on 22 January 2020. Minutes
of the first extended meeting of SEC, held on 24 January 2020. Resolved. Section 1. Minutes
of the second meeting of SEC. Resolved. Section 1.
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Epidemiologists and physicians, involved in the NHRC survey, said the

participation of institutions specialized in communicable diseases in decision-
making on responses to the COVID-19 pandemic was insufficient. During the
outbreak of a communicable diseases, the NCCD should act as the national
coordinator of international health regulations and be responsible for
communicating with the WHO, and providing professional information and
data to the Government and the SEC.132
Case 1.26
…According to the International health regulations of the World Health Organization,

adopted in 2005 and the Government Resolution of 2017, the NCCD should have
determined response measures as the national coordinator of the international
health regulations during the pandemic, the SEC should have made decisions and
Command center should have ensured harmonization between organizations, but
it didn’t happen. SEC took actions that overstepped the recommendations given by
specialized organizations with regard to lockdown...
(From an interview held with physicians involved in the sociological

survey of the NHRC)
In the past 2 years, the SEC had been changed twice and its Command
Center thrice. During the early the COVID-19 pandemic, it had been working
with the composition, approved under Government Resolution No.27, issued
in 2017133, and it had been changed as a result of the Parliamentary election
held in June 2020. The SEC, comprising of members of the newly established
Cabinet, was formed in July, operated for 6 months until the Government
resigned on 21 January 2021. The Chairman of SEC had been changed thrice
for the period between January 2020 and March 2022. It has been mentioned
before that Command center of the SEC had been formed at the NEMA
in March 2020 and at MOH in November 2020. Following the change of
composition of SEC, the composition of the Command center of SEC changed.
The Command Centers of the SEC and the CEC had been united on 13 October
2021, its structure and composition had been modified thrice until the Unified
Command Center of SEC is formed. The Command center of the SEC was
established without properly operating National Disaster Protection Health Unit,
the main structure responsible for developing and implementing responses to
132
It was stated in the “Procedure for prompt arrangement of response activities and information
exchange between sectors during potential disaster and serious public health situation”,
adopted under the Decree No.8, issued by the Deputy Prime Minister on 2 November 2017
that national coordinator for the international health regulations should be appointed. Article
1.1 of “Charter of NCCD”, approved under the Decree No.401, issued by the Minister of Health
in 2013, specifies that NCCD should be the coordinator of the international health regulations.
133
Annex 4 to the Government Resolution No.27, dated 25 January 2017. Amended by the
Government Resolution No.2, dated 10 July 2020.
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communicable diseases, as provided by the Law on Disaster Protection, and

the SEC and its Command center had not operated sustainably with the same
composition. These might be the reason why decisions on response measures
were inaccurate, their enforcement had been delayed, and time for ensuring
preparedness for combating against the pandemic had been lost.
Case 1.27
...Let’s start our Minister. Minister Sarangerel is not a physician but a journalist, and
thus she did her journalist’s job. She delivered information to the public well, however
she failed to ensure the readiness of the health sector. As a professional, Minister
Munkhsaikhan managed to bring the equipment necessary for the laboratories and
to improve the capacity of the staff, but it was late. Hope Mongolia realizes now
how important the health sector is...
(From an interview held with a physician, involved in the sociological

survey of the NHRC)
Although several changes in SEC and its Command center compositions

may have negative effects such as delay or inconsistency in response measures
during the pandemic when prompt measures and coordination were essential,
some changes show that there were efforts to improve operations and learn
from mistakes.
The Command center of SEC was first formed in order to coordinate
harmoniously the sectoral activities, and improve professional disaster
protection measures which the the MOH lacked, and then it was modified into
the Command center of the National Disaster Protection Health Unit at the
MOH to increase professional engagement of the MOH.134 Such management
and organizational changes are the examples of learning from experience, and
enhancing the capacity for planning and implementation of response measures.
The response plan of Mongolia to the health disasters and highly contagious
diseases only aims to contain and control the spread of contagious diseases,
therefore response measures to the COVID-19 pandemic focused on this goal at
first, leaving behind other socio-economic issues. A list of 14 activities, specified
in paragraph 8.2 of the “Action plan for prevention and rescue from disaster the
people, animals and properties, mitigation of its harm, and restoration without delay”
134
“Response action plan of the National Disaster Protection Health Unit-Case management
system to coronavirus infection (Covid-19 pandemic)”, approved under the Decree No.A/418,
issued by the Minister of Health in 2020.
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(Disaster protection plan of Mongolia), adopted by the Government Resolution

No.416 in 2015, is focused on infection containment.135
Besides Government, a structure called SEC, responsible for coordinating
response measures, making decisions and monitoring actions during disaster
and emergency situations, had been formed inheriting the historic development
of disaster protection organizations but not contemplating and elaborating the
structure as within the state organization established by the Constitution of
1992. Ministerial Council of the Mongolian People’s Republic issued Decree
No.8/94 “On some measures to improve activities of defense and labor
unions” on 29 February 1964, forming the Evacuation Standing Commission
under the Council, and appointed Deputy Head of the Ministerial Council as the
Chairman and ministers as members of the Commission. In the same year, the
Council established the Civil protection command center of Ulaanbaatar and
civil protection regular course in the State defense and labor union, which had
then become the foundation for the disaster protection authority.136
Until 1990, there were independent commissions under the Ministerial
Council of the People’ Republic of Mongolia that dealt with dzoud, drought
and flood disasters; highly contagious human and animal diseases; and forest
and steppe fires. To prevent and rescue from disaster, mitigate harms, improve
the readiness of human force and equipment to perform duties during disaster
or emergency, and sophisticate management structure, these commissions had
been united and formed as the State Emergency Standing Commission and
its charter had been approved.137 State Emergency Standing Commission was
named Commission to fight against disaster under Government Resolution
No.34, dated 11 February 2004, and State Emergency Commission under
Government Resolution No.183, dated 7 September 2005. State Emergency
Standing Commission was chaired by the Deputy Chairman of the Ministerial
Council of the Mongolian People’s Republic and the Deputy Prime Minister in
1990-1996; by the Minister of Defense in 1996-2004, by the Minister in charge
of emergency in 2005-2007, and by the Deputy Prime Minister of Mongolia
since 2007 until today.138
135
The Plan includes actions such as commencing health and order maintaining operations,
limiting and restricting movement of people in cluster areas, establishing quarantine measures,
arranging guards and securities, taking samples from suspicious persons, environments, objects
an materials, organizing supply of medicine, medical equipment and sanitation substances,
disinfecting and sterilizing, appointing rapid response team, making announcements and
sending cautionary messages through press and media outlets, ensuring readiness of workforce
and tools, operating field hospitals, eliminating and preventing infectious disease, allocating
and restocking all resources, providing information on the disaster situation, and submitting to
the Government and the State Great Khural the mitigation proposals.
136
National Emergency Management Agency, “Emergency service 10 years”, 2014, p.11.
137
National Emergency Management Agency, “Emergency service 10 years”, 2014, p.108.
138
National Emergency Management Agency, “15 years of development”, 2019, p.92.
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As the world political arena changed since 1990, the Mongolian civil
protection structure underwent a transformation from military and war purposes
to disaster protection purposes. It was stated “may operate a commission
in charge of prevention and rescue from disaster; mitigation of harms; and
arrangement and coordination prompt restorations” in the first independent
Law on Disaster Protection in 2003. Under this provision, “Composition and
operational procedure of the State Emergency Commission” was adopted under
the Government Resolution No.11 in 2008. This structure had been inherited
to the Law on Disaster Protection, revised in 2017. The COVID-19 pandemic
reminded us that the organizational structure, functions and coherency of
Mongolian disaster protection organizations should be reviewed against the
concepts of the 1992 Constitution of Mongolia.
2. Public relations and information provision amidst Covid-19 pandemic
The right to seek and receive information had been guaranteed by paragraph
17 of Article 16 of the Constitution of Mongolia, paragraph 2 of Article 19 of
the ICCPR, and other legislations.139 Providing the public with accurate, precise
and clear information allows individuals to protect their own health, the health
of their families and the public, therefore human rights law notes that the right
to information is the prerequisite for the insurance of the right to health.140
Especially information dissemination and public relations of the state during
a disaster, public disorder and emergency situations could define the overall
outcome of the efforts to overcome emergency situations.
The Law on Covid-19 Pandemic specified the principles for providing the
public with information. Such principles to be followed in the fight against
the pandemic include to be prompt, transparent and accountable as stated in
paragraph 5.1 of Article 5 of the Law141, to ensure cooperation and mutual data
exchange between organizations, and to get public support and participation142,
and to refrain from disseminating information that could potentially harm
the dignity and reputation of the person, and incur psychological harm and
pressure143. Also, the Law establishes the obligation of the Government to
regularly and promptly provide the public with accessible, accurate, rational and
true information on prevention and the fight against the COVID-19 pandemic
and protection of health144, and the rights of individuals and businesses to
139
Law on Public Information Transparency was ratified on 17 December 2021, and comes into
effect on 1 May 2022.
140
It is stated in General Comment No.14 of the UN Committee on Economic, Social and Cultural
Rights, “The right to health is closely related to…other human rights…and freedoms, including
the rights to information… States Parties are obliged to provide access to information concerning
the main health problems in the community, including methods of preventing and controlling
them.”
141
Subparagraph 5.1.2 of Article 5 of the Law on Covid-19 Pandemic
142
Subparagraph 5.1.6 of Article 5 of the Law on Covid-19 Pandemic.
143
144
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have access to information145. Provisions concerning the prevention and combat

against apparently fake and confusing information during Covid-19 pandemic
had been reflected in the Law on the COVID-19 Pandemic, Law on Disaster
Protection and the Law on Infringement.146
The Government, the SEC, its Command Center, the MOH, NEMA, National
Police Agency (NPA) and other governmental organizations put efforts in
providing to the public the information on the situation of coronavirus infection,
and measures against the pandemic, and recommendations on preventing from
the disease.147 As compared to world countries, Mongolian people constantly
use face masks thanks to the campaign on the use of face masks that was
organized at the beginning of the COVID-19 pandemic.148
Information is provided on ongoing basis to the public. The MOH held press
briefings every day for the period between 28 January 2020 and 10 July 2021,
giving updates on the COVID-19 situation and on ongoing matters. Since 10
July 2021, it held extended press briefings on Fridays.149 Toll-free hotlines were
operated by the MOH (323002), the Command Center of SEC (1800-1105), the
National Center for Public Health (119), the NCCD (100 and 1800-0119), the
National Center for Mental Health (1800-2000), and the Authority for Family,
Child and Youth Development (108), and hotlines were expanded on a timely
basis.150
145
Subparagraph 12.1.1 of Article 12, and subparagraph 13.1.1 of Article 13 of the Law on Covid-19
Pandemic.
146
Article 15.31 of the Law on Infringement, and subparagraph 6.1.6 of Article 6 of the Law on
Disaster Protection.
147
As of October 2021, MOH uploaded to its Facebook Page 162 infographics, 84 doctor’s advice,
63 videos and bumpers, and 46 text tips on prevention from Covid-19 pandemic, that had
been viewed 44,607,111 times, and shared 169,896 times. It has been informed to NHRC that
the police published on the website and social networks, and broadcasted via 43 televisions
543 posters, 10,461 leaflets of 13 kinds, 39 bumpers, 14 contents, 61 interviews, news and
information that had been viewed by 2,4 million people. The above-mentioned organizations
broadcasted advertisements as well.
148
Official letter No.1A/5553, issued by the Minister of Health on 21 October 2021.
149
MOH informed to the NHRC that information on coronavirus situation had been prepared and
broadcasted as infographics every day, which had been viewed by 17,118,246 people as of
October 2021, and re-broadcasted and re-published via media outlets.
150
Advice and information had been provided to 69,893 people via MOH hotline number 323006
as of October 2021. As at the end of 2021, a total of 92,762 calls had been received by the
Child Helpline 108, of which 13,050 were about child rights and protection; 527 were about
missing child, 87 were about child labor, 2,594 were about physical abuse of children, 402
were about sexual abuse of children, 2,981 were about psychological violence, and 3,182
were about neglect. Public relations center 11-11 of the Government received a total of 133,151
opinions and requests as of the first quarter of 2022.
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Integrated Covid-19 information hotline number 119 was launched on 10

March 2020 at the National Center for Public Health.151 This 24/7 hotline
advises on prevention from the infection, surveys clinical symptoms of the
infection, gives treatment instructions for confirmed cases and their close
contacts, connects people, who need medical care and treatment, to respective
surveillance teams, provides information to recovered persons on how to get
over lasting effects of Covid-19, and receives complaints and reports from
citizens on operations and activities of medical institutions with regard to
Covid-19 pandemic. Hotline 119 had been expanded into “Integrated Covid-19
call center” in April 2021, restructured under the Command Center of SEC,152
and had been re-expanded into “Covid-19 ambulatory” on 14 June 2021 due to
increasing Covid-19 infection among the public.153 A team comprising of 247
resident doctors, 59 scientific researchers of the National Center for Public
Health, 27 physicians of hospitals of MOH, 26 volunteers, a total of 359 staff
worked for the 8/16 shift at the Covid-19 ambulatory.154
Against fake information and those that are likely to have negative impact
on the public psychology, legal and policy actions, as well as corrective
measures had been taken.155 For example, the National Center for Public Health
informed that it had surveyed 216 positive and 367 negative comments on
357 articles, and 545 positive and 1,360 negative comments on 1,128 articles
about coronavirus disease published on 30 pages, 15 Facebook groups, and
websites of the MOH and other organizations, and corrected 72 fake news
and information.156
The above-mentioned legal and organizational measures had been taken
to provide the public with accurate and reliable information without delay,
however they were not effective enough, as public relations activities had
been limited by only disseminating information while being insensitive to social
psychology, which then reduced effectiveness of responses to the COVID-19
pandemic, increased tension and division among the public, caused to define
and implement policies that are not in line with the reality, and led to human
rights violations.
151
Operations of providing advice and tips via 119 hotline is regulated by the “Procedure for
estimating spread of coronavirus infection and regulating operations and activities of
governmental organizations, individuals and legal entities”, approved under the Government
Resolution No.118 in 2021.
152
Government Resolution No.78 “On extension of heightened state of readiness”, dated 25
March 2021, resolution No.91 “On transferring to the emergency state of all-out preparedness”,
dated 2021, and Order No.04 “On some measures to be taken in reference to the extension
of emergency state of all-out preparedness”, issued by SEC on 25 April 2021.
153
Decree No.A/380, issued by the Minister of health in 2021.
154
Report of the National Center for Public Health on operations and activities implemented in
2021 in communications during Covid-19 pandemic.
155
For more details on the analysis on legal framework and policy measures on limiting fake
news and information during pandemic, see section 3.4 (Freedom of press and expression of
opinion) of Chapter 3 of the 20th Status Report on Human Rights and Freedoms in Mongolia.
156
Report of the National Center for Public Health on operations and activities implemented in
2021 in communications during Covid-19 pandemic.
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Case 1.28
...On its official Facebook page, the Emergency Commission of Bayanzurkh district
published on 14 April 2021, “Due to busy traffic of vehicles and pedestrians during
days of strict lockdown, more stricter lockdown measures are to be implemented
and pedestrian movement is to be restricted. Pedestrian movement shall be
completely restricted at hours except 06:00-08:00 in the morning, and 16:00-18:00
in the afternoon.” Soon after publishing the notice, a correction had been made,
apologizing for publishing an unofficial decision as it was not officially released by
the SEC or CEC...
(From the Report “Impact of response to Covid-19 pandemic on civil and political
rights”, Open Society Forum and Globe International Center)
There were the following 4 types of mistakes and shortcomings common in

public relations and information dissemination activities during the COVID-19
pandemic:
First, the actual results of activities to provide the public with information
were not satisfactory. Although a number of hotlines had been operated, there
were complaints about the hotlines. For example, the hotlines do not answer
during the peak of the coronavirus spread, they are connected after several
tries, even if they are connected the issues remain unresolved, and calls get
redirected to Bed Arrangement Team, family health center or emergency line
103, such team or center do not answer their phones, and they don’t provide
medical care and services when they answer the phone after several tries.
Of 486 participants in the NHRC’s sociological survey, only 13 or 2.7 percent
received information and advice from hotline 119. Around 47.9 percent of
respondents to the survey, who self-treated themselves at home, got treatment
tips and advice from the family doctor via phone, and 24.9 percent from the
family doctor in person. About 8.6 percent of self-treated participants got
advice from social networks such as Facebook, 6.6 percent from their friends,
and 6.2 percent from their relatives.
Table 1.9 Getting advice on self-treatment (by duplicate numbers)

Answers
No. Getting advice on self-treatment
Number %
1. From a family doctor, via phone 233 47.9
2. From a family doctor, in person 121 24.9
3. From emergency hotline “103” 6 1.2
4. From 24/7 Covid-19 information and advice hotline “119” 13 2.7
5. From friends 32 6.6
6. From relatives 30 6.2
7. From social networks such as Facebook 42 8.6
8. Other 9 1.9
Total 486 100
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According to relevant officials, people connected to hotlines during Covid-19

peak months, increasing workloads and creating difficulties.157 However, it was
common among hotlines that they could not provide basic information on how
and where to get tested, and where to get medical help. Rather than information
transmission, it may be connected to management and organizational issues,
mentioned at the beginning of the report, including unclear arrangement of
diagnosis and treatment, insufficient estimation and preparedness for lockdown
or sudden issuance of decisions on establishing quarantine. Human rights
organizations collected evidence that people and officers, who performed
duties during the pandemic, got frustrated, disappointed and faced financial
loss due to ambiguous information.
Case 1.29
...On 26 April 2021, cancer patients got treatment and vaccination at the NCCD.
Because there was no bus, they stayed in the shop and outside waiting for bus to
arrive at 17:00. Since most of these people were elders, they could not walk to their
homes. It happened because of lack of advance notice by authorized organizations
and officials on time restrictions...
(From the Report “Impact of response to Covid-19 pandemic on civil and political
rights”, Open Society Forum and Globe International Center)
Although information channels and platforms had been created, they were
not effective in reality, especially for providing information to persons with
disabilities. It is worth noting that a good practice had been established during
the COVID-19 pandemic where sign language translations are provided for
video news and information, but according to the information given to the
NHRC by members of the National Association of the Deaf, very few people
make use of the information because of too small size of the image of a sign
language translator on the screen, and the skills of the translator.158
The MLSP informed to the NHRC that the integrated the COVID-19 hotline
119 had been connected to the remote advice and assistance center at www.
duudlaga.mn, facilitating the provision of advice and information on the
COVID-19 via sign language translator to more than 20,000 persons with visual
and hearing impairments159. In reality, however, this initiative of the MLSP
157
Information provided by Ya.Buyanjargal, Head of Medical Aid and Policy Regulations
Department of MOH, and O.Enkhzaya, Head of Public Health Division of the Capital city
Health Department during live interview “Public time” at MNB television, held on 6 January
2021.
158
Information on the meeting held by NHRC Commissioner with representatives of FLOM from
Finland on 15 September 2021.
159
Official letter No.1/2794 of the Minister of Labor and Social Protection sent to NHRC on 21
October 2021.
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had become ineffective because it was difficult to use www.duudlaga.mn

and required much internet data for connection, and there was an accessible
substitute service, provided by the Association of Sign Language Interpreters
NGO.160
Case 1.30
...Association of Sign Language Interpreters NGO initiated in April 2020 a Facebook

messenger-based “Sign language video call” service to provide information and
urgent interpretation to the deaf. When the emergency state of all-out preparedness
was established on 16 November 2020, this online sign language translation service
had been expanded into a 24-hour online service under UNICEF funding. Starting
from March 2021, 4-5 interpreters began to work in shifts between 07:00 and
22:00, providing sign language interpretation of all information to the deaf. As of 31
December 2021, 8,162 calls were answered and interpretation services were provided
through “Sign language video call” service. A total of 783 calls were received and
online interpretation services were provided as of 23 February 2022. Deaf people use
Facebook chat for connecting to “Sign language video call” to get services. About
33 videos on the COVID-19 pandemic and vaccination, translated into sign language
and published on the Facebook page, had 4,665 views or 24,478 visits...
(Information provided by Association of Sign Language Interpreters NGO

to the NHRC on 24 February 2022)
Second, public officers lack the attitude and practice to disseminate

information using appropriate wordings and expressions, being sensitive to the
social psychological state during the crisis, and respecting the dignity, privacy
and personal secrets of individuals. For example, in his interview to the daily
newspaper on emergency response activities on 14 December 2020, the Chief
of the Command Center of SEC said, “In case infection condition gets worse,
procedure and plan for organizing state military operations, approved under
the Order of the President and secret resolution of the Government, should
be followed”, exacerbating social aggravation that had already arisen due to
failures and mistakes made during response actions to Covid-19 pandemic.
The Head of the Press and Information Center of NPA described the citizen,
who immolated himself at the Sukhbaatar square on 8 February 2021 as,
“unemployed, and sells CDs at gas stations”; Director of the Capital city Health
Department described the citizen, who got ill due to coronavirus infection and
died outside of “Enerel” hospital on 4 July 2021 as, “...lives in his workplace
at the basement of an apartment, and used alcohol for the last 10 days.” The
above-mentioned way of disseminating information that publicized the privacy
160
In February NHRC dialed 5 times to 119 - Calls of persons with hearing impairment at the website
<www.duudlaga.mn>, but these calls were not answered. In March 2022, it dialed 3 times to
Calls of persons with hearing impairment, and 2 calls were answered and 1 unanswered.
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of individuals that is irrelevant to the process; disrespected human dignity, life

and values; and induced fear and anxiety is not the best tactic to communicate
with the public during the crisis, but it’s a human rights violation.
Case 1.31
...Information and knowledge that would impact the public attitude are essential.
People need information on how to prevent from the disease, and how to
communicate with the family health center instead of those that frighten them by
telling them how many people died a day. The Current the COVID-19 situation shows
that fear inducing tactics would not work...
(From a focus group interview held with physicians of Nalaikh district,

Third, the state had implemented public relations activities within a limited
scope of information dissemination during the crisis, decreasing the effectiveness
of activities to combat against the COVID-19 pandemic. Therefore, it is essential
to be aware that public relations activities during the crisis are to-and-fro
relations with the purposes of hearing out actual situations of citizens; making
decisions that considered in the highest possible way the diverse human life;
strengthening public trust and getting their support by informing them that
the state is taking every possible measure to protect human life and health,
and to increase public service capacity to establish and apply such operational
manner and practice. The UN Resident Coordinator Office in Mongolia also
warned that national policies were not as effective in addressing gaps and in
supporting them because of the fact that right holders could not systematically
participate in decision-making, due to a lack of institutional arrangements and
mechanisms for their inclusion.161
161
United Nations Mongolia, Common Country Analysis-Mongolia 2021, p.26-27.
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Case 1.32
...It was mentioned in the official letter, sent by the Emergency Commission of
Bayanzurkh district on 15 April 2021 to NHRC, “Residents of the 26th khoroo of
Bayanzurkh district had been notified about the lockdown 6 hours in prior to
establishment of lockdown”, however such notice had been published on the
Facebook page of Emergency Commission of Bayanzurkh district at 00:39AM on
17 March 2021, and on the website of NEMA www.nema.gov.mn at 8:25AM on 17
March 2021. No advance notification had been given to residents, whose rights and
interests would be affected by the lockdown decision, and their right to information
had not been ensured, which means the human rights restriction had not met the
requirement of being necessary for the achievement of the aim.
Decisions and actions to be made in case partial limitation is established in the capital
city depending on the pandemic situation restricting fundamental human rights and
freedoms, should be least restrictive of fundamental human rights and freedoms;
should be rational and proportional; should have made estimation and survey on
whether income of citizens in the area is cut and livelihood has deteriorated in the
event of the establishment of partial lockdown; should have taken measures to
prevent from domestic violence and continuously provide child protection service
during lockdown; and should have considered beforehand the measures to prevent
from human rights violations or to allow to leave the lockdown the people who need
to hold funerals, had health problems, had mandatory duty, and other reasons.
(From the Report of NHRC on the monitoring and analysis of the lockdown,
established in the 26th khoroo of Bayanzurkh district)
Fourth, there were cases where government organizations attempted to

hide their mistakes made during the COVID-19 pandemic, and unlawfully
restricted the freedom of the press and the public’s right to seek information
by threatening journalists who investigated the information. The exercise of
the freedom of expression carries with it special duties and responsibilities
of respecting others’ reputations and rights, and protecting national security,
public order and public morals162, and these duties and responsibilities should
be implemented amidst the pandemic. Nevertheless, restriction on the right to
freedom of expression in a way inconsistent with the grounds and procedures
established by law would be a human rights violation. According to the Globe
International Center, there were quite a few cases of violation of freedom
of expression in rural areas.163 As per the 2021 World Press Freedom Index of
the Reporters Without Borders Mongolia with positive indices or 28.97 scores,
ranked 68th among 180 countries, ranking up by 5 positions as compared to
that of the previous year.164
162
Paragraphs 2 and 3 of Article 19 of the International Covenant on Civil and Political Rights.
163
For more details, see Open Society Forum and Globe International Center, “Impact of responsive
measures against coronavirus (Covid-19) on civil and political rights” Monitoring Report.
164
Reporters Without Borders, “2021 World Press Freedom Index”, < https://rsf.org/en/mongolia>
See the Annex to this Report for details on international human rights and freedoms index.
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Case 1.33
...Security officers struck a camera and interrupted the recording of the operator
who was covering the event, where there was a high risk of infection spread as the
sewage pipe of the NCCD broke down and there was no water supply for 8 hours
on 3 May 2021...
...On 2 July 2021, when the COVID-19 test results of 5 dancers came positive, who
were preparing for the Naadam festival, they were instructed not to reveal the
results.....
(From the Report on Impact of responsive measures against coronavirus (Covid-19)

on civil and political rights, Open Society Forum and Globe International Center)
1.7 CONSEQUENCES OF restriction on education FOR the SOCIETY

In the 20th Status Report on Human Rights and Freedoms in Mongolia, the
NHRC incorporated the review on the exercise of the rights of children and
youths to education amidst the COVID-19 pandemic.165 Right to education is
the human right, guaranteed by paragraph 7 of Article 16 of the Constitution
of Mongolia, and the Article 13 of the ICESCR. The COVID-19 pandemic clearly
showed that educational organizations of all levels play crucial roles in ensuring
the right to education, protecting social relations and development, safety and
the health of children and youths.
According to UNESCO, 1.5 children were affected by school closures in 195
countries at the beginning of the COVID-19 pandemic,166 and as of September
2021, children had lost 1.8 trillion school hours.167 As a result, an estimated
24 million children were deemed at risk of dropping out of school, 9 million
children were at risk of engaging in labor in 2022, 370 million children missed
out on school meals, and USD 17 trillion were at risk of being lost. International
organizations warn that the future of an entire generation is at the stake of
suffering permanent losses in their life quality, productivity and earnings as
compared to the other generations if the pandemic restrictions continue in the
educational sector.168
165
NHRC reviewed the situation of exercise of right to education amidst pandemic, and incorporated
the findings in the 20th Status Report on Human Rights and Freedoms in Mongolia. See p.216-
235 of the Report.
166
UNESCO, Press release of 29 April 2020.
<https://en.unesco.org/news/13-billion-learners-are-still-affected-school-university-closures-
educational-institutions>.
167
UNICEF, Education Disrupted: The second year of the COVID-19 pandemic and school closures,
research report, September 2021, p.5. <https://data.unicef.org/resources/education-
disrupted/>
168
UNESCO, UNICEF, World Bank, “The State of the Global Education Crisis: A Path to Recovery,
December 2021, p.5. <https://documents.worldbank.org/en/publication/documents-reports/
documentdetail/416991638768297704/the-state-of-the-global-education-crisis-a-path-to-
recovery>
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On the ground of the Order No.12 of the SEC, issued on 11 January 2020,
and Decree No.A/146 “On temporary closure of schooling activities”, issued
by the Minister of Education and Science on 11 January 2020, training and
schooling activities of educational institutions of all levels had been organized
for 75 days in 2020 (45-47 percent had been organized as tele-lessons), for
100 days in rural areas (45-47 percent had been organized as tele-lessons), and
for 110 days in the capital city (68 percent had been organized as tele-lessons),
which means interruption of one whole year as per time, and 1-1.5 years as per
learning contents.169 In the academic year 2021-2022, schools opened on the
1st of September, adopting a hybrid model of classroom and online learning,
depending on the state of coronavirus spread. In this period, 55.7 percent
(469) of total primary and secondary schools provided classroom learning,
43.3 percent (365) offered the hybrid learning and 1 percent (8) offered
online learning. Due to the extension of the first semester break by a week,
schools, offering hybrid model of learning, had to provide online learning for
8 weeks.
As compared to the other countries with the similar characteristics in terms
of these indicators, Mongolia ranks higher in terms of closing schools due to
the COVID-19 pandemic.
Figure 1.4 Overview of school closures and reopening in East

Asian countries170
Country
China
Japan
Mongolia
Republic of Korea
Mar 1 20 Apr 1 20 May 1 20 Jun 1 20 Jul 1 1 20 Aug 1 20 Sep 1 20 Oct 1 20 Nov 1 20 Dec 1 20 Jan 1 20 Feb 1 20 Mar 1 20
Closed Partially Fully open Break
The Government had taken several measures to recover from learning

loss, to support children in remote areas or who don’t have access to remote
learning, and to develop online learning platforms during the school closure.
Since the beginning of the pandemic, 5,284 tele-lessons had been produced
169
“Comprehensive Plan for Learning Loss Recovery in Primary and Secondary Education”,
approved under the Decree No.A/190, issued by the Minister of Education and Science on 21
May 2021, p.1.
170
UNICEF, UNESCO, Situation Analysis on the Effects of and Responses to Covid-19 on the
Education Sector in East Asia”, October 2021, p.26.
<https://www.unicef.org/eap/media/9311/file/East%20Asia%20Situation%20Analysis%20
of%20the%20Impacts%20of%20COVID-19%20on%20Education.pdf>
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IN MONGOLIA
and broadcasted via televisions and online platforms with sign language
interpretation; 104 interactive lessons, 2,775 online lessons, 50 e-contents,
and 30 radio and audio lessons had been prepared, published on the website
www.econtent.edu.mn and others,171 and allowed free access to the websites
www.help.eec.mn and www.eyesh.eec.mn using smartphones.172 Due to limited
access to electricity, equipment and devices, 180 thousand children nationwide,
40 thousand children in the capital city experienced learning loss, and starting
from the third quarter of 2021, the Ministry of Energy provided newly arrived
households in Bayanzurkh and Songinokhairkhan districts with electricity.173
For the purpose of creating a national online learning platform, the website
www.medle.mn had been developed since June 2021, and uploaded 419 lessons
for 1-12 grades so far. In order to develop e-contents, prepare and update
online learning database, use information technology in learning, and ensure
preparedness of schooling in the event of force majeure, the establishment of
e-content developing micro studios with the funding of MNT 1.2 billion from
the national budget had begun in 21 aimags, in the Capital city Education
Department and 45 schools.174 Print materials for independent learning had
been prepared and distributed to 172,300 children in 330 soums, 6,277 children
in 46 baghs, a total of 178,577 children who have no access to the Internet,
electricity and any equipment at home.175 Besides developing online learning
infrastructures and tele-lessons, schools create online classrooms using
applications such as Google Drive, Google Form, Zoom and Moodle, teaching
contents, providing repetition courses following up tele-lessons, and giving
tests and examinations, which had become an important practice that needs
to be developed and put into use in Mongolia, where 30 percent of the local
population are herders engaged in traditional livestock breeding.
171
May 2021, p.2.
172
Update “On measures to ensure the right to education, and recover and mitigate learning
loss”, given by L.Enkh-Amgalan, Minister of Education and Science at the session of 7 January
2022 of the 2021 Autumn Session of the State Great Khural.
173
174
175
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Case 1.34
...Children from herder families in remote areas, children with disabilities and children
with less parental care are at the highest risk of experiencing learning loss during
distance learning...
(From “Common Country Analysis-Mongolia”, United Nations Mongolia, 2021)
All countries around the world took measures of teaching and preventing
from learning loss during the COVID-19 pandemic, however remote learning
has been two times less effective than classroom learning.176 According to the
evaluation on learning loss of students, conducted by the Education Evaluation
Center, the learning rate of students enrolled in primary education was 50.3
percent, that of students in basic education was 36.4 percent and that of
students in upper secondary education were 36 percent, which means students
obtained less than 40-50 percent of the knowledge and skills that they should
learn.177 As per knowledge and skills obtained, students of 2nd grade took up
the highest or 63.4 percent, and students of 9th grade obtained the lowest
or 34.2 percent. Around 61 percent of children aged 7-14 or 6 out of every 10
children gained reading skills, one out of every 2 children gained mathematical
skill, and others experienced learning loss. According to the survey respondents,
learning loss was caused mainly due poor online teaching methods of teachers,
lack of support for software and training materials, inadequate parental and
caregivers’ assistance, zero homework, and a lack of interactive communication.
Figure 1.2 Mean of students’ knowledge and skills178
Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Grade 9 Grade 10 Grade 11 Grade 12
Mean of students Knowledge and skills
176
UNICEF, Education Disrupted: The second year of the COVID-19 pandemic and school closures,
research report, September 2021 <https://data.unicef.org/resources/education-disrupted/>
177
178
Ministry of Education and Science, “Evaluation on preparedness of children for schooling,
diagnosis on learning loss, and introduction of the plan for mitigation of learning loss”, 8
February 2022.
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The COVID-19 pandemic showed that prolonged school closure has a number
of negative social impacts besides learning loss. Children and youths are more
exposed to school dropouts, abnormal mental state, malnutrition, domestic
violence, and mobile addiction, which is likely to leave a mark and lead to
worsening of the eyesight in the future. As compared to 2018-2019, school
dropout increased by 60 percent in the pandemic years.179 As of February 2022,
1,931 children dropped out of school because of taking care of their younger
siblings aged 2-3, and of moving with their parents to other aimags or soums
or herding the cattle. The UN Resident Coordinator Office in Mongolia noted
that many teenagers in rural areas, in addition to helping with herding, also
worked at construction sites and engaged in trade services, hence failing to
timely complete assignments, skipping classes, and being injured or working
hard under unsafe conditions, especially.180
Figure 1.5 Survey on potential school dropouts181
Male students 1387 544 Female students
Elementary 647 318 Elementary
Secondary 626 198 Secondary
High-school 114 28 High-school
The number of children and youths experiencing abnormal mental states

has increased. According to the NSO and UNICEF survey, 7 percent of
adolescents aged 10-19 years had functional difficulty in at least one domain
with the highest prevalence for anxiety.182 A Survey on revealing children’s
socio-psychological issues and risks shows that the majority in students in mid-
schools or those aged 6-13 years were afraid of experiencing learning loss and
had high stress and anxiety. It was common among students to be afraid of
taking exams or repeating a year, or to demonstrate psychological patterns
such as becoming unsociable because of contracting coronavirus disease and
179
Ministry of Education and Science, “Evaluation on preparedness of children for schooling,
diagnosis on learning loss, and introduction of the plan for mitigation of learning loss”, 8
February 2022.
180
United Nations Mongolia, Common Country Analysis-Mongolia 2021, p.9. See Chapter 3 “Child
employment situation” of this Report.
181
It was mentioned that 1,931 children are at stake of school dropout in the “Evaluation on
preparedness of children for schooling, diagnosis on learning loss, and introduction of the plan
for mitigation of learning loss”, Ministry of Education and Science, 8 February 2022.
182
NSO, UNICEF “Multiple Indicator Cluster Surveys Plus (MICS+)” fifth wave round survey
conducted on 1-22 July 2021, p.11.
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experiencing learning loss.183 Of teachers, involved in the questionnaire, carried

out by the Ministry of Education and Science in rural areas at the beginning of
the academic year 2021-2022, 42.9 percent responded that the psychology of
students had changed, 39.6 percent said that the behavior of some students
had changed and 38.9 replied that attitude and communication of students
had changed.
Negative behaviors and practices such as lack of physical activity, disruptions
to daily routine, and screen addiction became increasingly evident among
adolescents. According to the joint MES and UNICEF “Survey on detection
of socio-psychological problems and risks among adolescents”, 44.4 percent
of elementary schools students, 13.2 percent of secondary school students
and 17.4 percent of high-school students lacked physical activity; 6.7 percent
of elementary school students, 14.2 percent of secondary school students,
16.3 percent of high-school students became overweight; and 38.7 percent of
secondary school students and 44.6 percent of high-school students had sleep
deprivation; and time management of one out of every three children became
disorganized during school closure.
Four out of every ten adolescents spent 4 or more hours per day in front
of the screen (TV, computer, cell phone, or other types of electronic device),
excluding time spent on schoolwork.184 Although social network usage is high
in Mongolia, the legal framework and policy for protecting children in the
digital world are inadequate, increasing the risk among children becoming
the victim of e-crimes, watching and seeing age and mentally inappropriate
contents that affect adversely on their behavior.
Upon school closures, child protection services provided at schools had been
stopped, and child abuse increased. The number of calls to Child Helpline-108
asking for urgent help was 3,407 in 2017, and increased to 9,192 in 2020.185
In 2021, Child Helpline-108 received a total of 92,762 calls, of which 13,050
were about child rights and protection; 527 were about child missing; 87 were
about child labor, 2,594 were about physical abuse of children; 402 were
about sexual violence; 2,981 were about emotional abuse and 3,182 were about
negligence186.
The number of crimes involving children had dropped down, which might
be connected to the prolonged stay of children at home amidst the COVID-19
pandemic. Due to crimes 1,365 children became victims, which increased by
15.6 percent, 550 children got injured which went up by 6.6 percent, and 83
183
May 2021, p.6.
184
NSO, UNICEF “Multiple Indicator Cluster Surveys (MICS+)” Wave 5, 1-22 July 2021, p.7.
185
2020 annual report of the Child Helpline-108. See Chapter 4 of this Report for details on
domestic violence and violence against children reported in 2019-2021.
186
2021 annual report of the Child Helpline-108.
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children died which decreased by 16.2 percent in 2021 as compared to those of

the previous year. In the same year, 733 crimes committed by minors had been
recorded, which went down by 0.6 points as compared to that of the previous
year and 921 crimes, involving children, had been recorded and investigated,
which also declined by 7 percent as compared to the past year187.
As schools were closed and shifted to remote learning, younger children
were at the stake of becoming malnourished. According to the update of
the MES, released on 13 August 2021, “16.8 percent of students regularly had
breakfast, whilst remaining share of students replied they seldom or never had
breakfast or they had no things like breakfast.”188
Table 1.10 Number of children missing out on school meals as of April 2020189
Country Number of children missing out on school meals

China 38,433,984 (43% girls)
Japan 8,863,908 (48% girls)
Mongolia 280,400 (48% girls)
Republic of Korea No data
It has been observed that MES started to plan on the basis of international
surveys and national practices, policies and actions to minimize negative impacts
of the COVID-19 pandemic. For example, it conducted an assessment on the
learning loss, as suggested by the international organizations,190 and adopted
“Comprehensive Plan for Learning Loss Recovery in Primary and Secondary
Education” under Decree No.A/190, issued by the Minister of Education and
Science on 21 May 2021, and relevant procedures and regulations in accordance
with the international practice of Reconnection, Recovery and Resilience for
recovering learning loss.191 In addition to it, Decree No.A/266 “On ensuring
187
Update, provided by the Division for Combatting against Domestic violence and Crimes against
children of the National Police Agency on 12 January 2022.
188
Update, released by the MES on 13 August 2021 <https://www.meds.gov.mn/post/71261>
189
190
It was noted in the research report “The State of the Global Education Crisis: A Path to
Recovery, December 2021, conducted by UNESCO, UNICEF and the World Bank that assessment
on learning loss and other outcomes would be the main base for overcoming the crisis.
191
UNESCO had promoted as a good practice this policy of England to minimize adverse effects
of Covid-19 on education. Also, Decree No.A/139 “On approval of criteria on open training
materials to be used for e-textbooks and secondary education”, issued by the Minister of
Education and Science on 21 May 2021, and “Guidelines for the assessment of students
studying under individualized learning plan”, adopted under the Decree No.A/325, issued
by the Minister of Education and Science on 16 September 2021 would be of significance in
minimizing negative impacts of Covid-19 pandemic on education.
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preparedness for operating psychologists” had been approved by the Minister

of Education and Science on 22 July 2021, decisions on operating psychologists
at some schools had been made and preparations are ongoing.192 Its plan
for continuously improving teachers, accelerating educational e-transition,
upgrading rural school environment, and providing up-to-date sanitation facility
had become decisions that reflected the lessons learned from the COVID-19
pandemic.193
Having standard sanitation facilities in schools is the main prerequisite for
organizing classroom learning amidst the COVID-19 pandemic, however in
Mongolia, only 53 percent of schools in urban areas and 35 percent of schools
in rural areas have such facilities194.
Figure 1.6 Situation of sanitation and hygienic facilities in schools

of Mongolia, as of 2019
2.40% 0.40%
100% 1.75% Drinking Water
14.80% 15.68% 13% No service
24.35% 29.77% 22.70% 24.10% Limited
80% 23.85%
24.70%
Basic
21.11% 34.30% Sanitation

17.96% No service
Coverage (%)
60% 40.70% Limited

35.90% Basic
70.23%
40% 84.80% 63.24% 57.69%

72.90%
74.40% Hygiene
No service
Limited
20% 41.40% 35.20% 52.70%
Basic
0%
Total Rural Urban Total Rural Urban Total Rural Urban
Drinking Water Sanitation Hygiene
192
Starting from the academic year 2021-2022, psychologists had been operated step by step
after training. Psychologists, majored in psychology and who seek to specialize in “School
psychologist”, and to get permanent employment, had been registered between 30 July and 4
August 2021, selected on 10 August 2022, enrolled in special training, and became operational
at 30 schools of “Sustainable development education Project II“, MES’s laboratory schools and
schools with international programs.
193
194
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1.8 MONITORING AND Analysis on 2021 REGULAR presidential

election of mongolia
The 8th Presidential election in Mongolia, which was held on the 9th of June
2021, was exceptional as it happened amidst the COVID-19 pandemic, and was
conducted in compliance with the Constitutional amendments.195 Organizing
the Presidential election in time is a positive indicator in terms of human rights.
Especially voters, isolated in quarantine and hospitalized due to Covid-19, first
responders including physicians and healthcare officers, police and emergency
staff, as well as voters in foreign countries were able to vote in this election,
which was a progress made after the Parliamentary election of 2020.196
During the COVID-19 pandemic, voter turnout might have dropped down as
voters could be afraid of contracting the virus, or they could be under quarantine
or lockdown, though 1,210,628 or 59.3 percent of all voters participated in the
election, which had decreased as compared to that of the previous election.197
In the election 42,211 physicians, policemen, emergency officers and other
public servants worked in 22 election committees of aimag and the capital city,
339 election committees of soums and districts, central commission and 44
sub-commissions for polling of citizens residing in foreign countries, and 2,087
election precincts.198
The NHRC monitored the exercise of the right to vote by persons with
disabilities; persons arrested or detained due to infringement or in accordance
with the Criminal Procedure Code; soldiers in conscription service; and persons
hospitalized, home-isolated or quarantined due to the COVID-19 at the 2021
Regular Presidential Election of Mongolia.199 There were cases of not getting
through mobile boxes the polls of voters, who had been detained or arrested in
195
According to the Constitutional amendments, made on the 14th of November 2019, the
paragraph 2 of Article 30, “An indigenous citizen who has attained the age of forty-five years
and has permanently resided as a minimum for the last five years in Mongolia, is eligible
for election to the post of President for a term of four years” had been revised into “An
indigenous citizen who has attained the age of fifty years and has permanently resided as a
minimum for the last five years in Mongolia, is eligible only once for election to the post of
President for a term of six years”, and paragraph 7 of Article 31,“The President can be re-
elected only once” had been nullified.
196
For details on the analysis on the 2020 Parliamentary election, see the 20th Status Report on
Human Rights and Freedoms in Mongolia, p.131-134.
197
1,239,784 or 66.5 percent of total voters participated in the regular Presidential election held
on 26 June 2013, and 1,357,788 or 68.27 percent of total voters participated in the regular
Presidential election held on 26 June 2017. Since neither candidate obtained the majority
vote, the second round of election was held on 7 July 2017. Of total voters, 60.67 percent or
1,207,787 voters participated in the second round.
198
Report of the General Election Commission on the result of the regular 2021 Presidential
election of Mongolia, <https://www.gec.gov.mn/blog/3218>
199
NHRC got acquainted with preparation and organization of 120 polling stations: 40 in 4
districts and 80 in 18 aimags, and conducted monitoring at a total of 64 facilities, including
18 detention facilities of GEACD, 18 sobering facilities of NPA, and 28 units of Armed Forces
and Border troops.
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the territory other than his/her residential area due to the locations of respective
precinct commissions, shortage of time, and insufficiency of funds and
human resources. Moreover, precinct commissions from respective residential
territories organized through the mobile boxes the polling of citizens, who
were hospitalized due to coronavirus infection and who had voting rights but
were under quarantine and isolation; physicians, healthcare officers, police and
emergency officers who were on duty at quarantine facilities and hospitals,
creating crowd congestion and increasing infection risks.
Polling had been organized during the COVID-19 pandemic by maintaining
distance between voters, but it was common for polling stations to have
spaces that didn’t meet the standards, different entrances and exits, to be
located in the buildings of schools, kindergartens, cultural centers, soum a
district khoroos; even some stations were located at basement floor or at the
floors higher than the second floor; used small desks of preschoolers and
elementary school students as voting booths, which were not appropriate for
and accessible to persons with disabilities. Polling stations, that are accessible
and facilitated conditions for persons with disabilities to vote without any
obstacles, are important in increasing voter turnout and ensuring human rights.
Although meetings and gatherings for the election campaign should not take
longer than 2 hours and should adhere to safety regulations, rules had not
been followed by the large crowd.200
Timeframe for the Presidential election campaign, which had been
established as 15 days, might not allow equal opportunities for candidates,
who had not become familiar to the public yet. It is worth noting that voters,
residing and studying in foreign countries, were facilitated with conditions to
engage in voting, but it has been regulated that voters had to arrive in person
at the Embassy or Consulate, limiting the accessibility. Creating conditions for
citizens to participate online in the Presidential election, where the territory of
Mongolia becomes one constituency, would be progress in ensuring the right
of citizens to take part in the state affairs.
Paragraph 3.6 of the “Temporary Procedure for preventing from coronavirus (Covid-19)
200
pandemic during the regular Presidential election of Mongolia”, adopted under the Government
Resolution No.152, dated 19 May 2021.
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CONCLUSION
The COVID-19 pandemic, which affected the whole world, is a health
disaster that happened for the first time in the contemporary history of
Mongolia. Since the WHO announced on 27 December 2019 that an unknown
severe acute pneumonia recorded in China, was caused by a novel coronavirus,
humanity had spent at least 10 months studying the genome sequence and
prevalence of the SARS-CoV-2 virus to plan responses accordingly.201 While
planning and implementing responses to infections in a time of uncertainty,
world countries had to immediately create, produce, supply and put into use
the testers, medicines, medical equipment and vaccines. It challenged the
fundamental capacity and response capability of countries to fight against
public health disasters.202
Mongolia fulfills relatively well its obligation to protect the lives of its people
by taking a wide range of restriction and control measures and administering
vaccines quickly for the purpose of containing coronavirus infection. It had
managed to contain local transmission of the COVID-19 until November 2020,
and controlling coronavirus spread until the end of May 2021.203 Vaccination
against coronavirus disease rolled out on February 2021. As of June 2021, at the
peak of the second wave of infection, which exerted too much pressure on the
health sector, around 80 percent of adults received the first dose and about 70
percent received the second dose of the vaccine.204 With a confirmed case and
death ratio of 0.24, Mongolia ranked 175th among 196 countries.
There were some positive indicators with regard to respecting civil and
political rights. Mongolia didn’t declare a state of emergency due to the
COVID-19 pandemic, and in compliance with international law, it had stated
in its legislation the regulations concerning restrictions on human rights and
freedoms, and implemented response measures under temporary legislation.
Mongolia scored 84 out of 100 and is still considered the country with
complete ess freedom, according to the 2021 and 2022 World Press Freedom
201
Scott Gottlieb, ‘Uncontrolled Spread: Why COVID-19 Crushed Us and How We Can Defeat the
Next Pandemic’, Harper Collins, 2021. It was mentioned in this book about US fight against
Covid-19 pandemic that it had been known to the world after several months since the
outbreak of the pandemic that SARS-CoV-2 virus do not transfer through surfaces, and USA
modified its response guidelines after a year.
202
WHO had been criticized for the delayed declaration of the novel coronavirus outbreak
as a Public Health Emergency of International Concern on 30 January 2020, and for the
announcement of it as a pandemic on 11 March 2020, and for affecting on large number
of deaths in USA and Italy. Covid-19 pandemic has been an unexpected challenge for world
countries and international organizations.
203
WHO classified coronavirus transmission scenarios as community transmission, clusters of
cases, sporadic, and no cases, and no community transmission had been reported in Mongolia
until June 2021.
204
The second wave of coronavirus infection peaked on 22 June 2021 with confirmed case of
2,231 per day. At the same time, 56.7 percent of the population had received first dose, 52.1
percent had second dose of vaccine.
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Index.205 In the 2021 World Press Freedom Index, Mongolia scored 28.97 and
ranked at 68th out of 180 countries, stepping up by 5 points as compared
to the previous year.206 In the pandemic years, regular Parliamentary and
Presidential elections, as well as re-elections and by-elections were held,
realizing the exercise of the right of Mongolian citizens to take part in state
affairs. Also, a progress had been made as the Law on the National Human
Rights Commission of Mongolia had been revised, NHRC Commissioners had
been appointed through open selection, mechanisms for preventing torture
and protecting human rights defenders had been created, and legislations had
been ratified to support the exercise of human rights.207
Besides the aforementioned positive achievements with regard to the overall
human rights situation, there were human rights violations in the course of the
implementation of Covid-19 response actions. Thousands of Mongolians could
not come to their home country, living in foreign countries for many months
without income in difficult conditions, where it was not clear how the disease
situation would turn out; and even if they were repatriated, they could not
say goodbye for the one last time to their loved ones due to strict and long
quarantine requirements. As a result of a sudden decision to restrict inter-
city transport movements that had not considered the policies and actions
to protect people, whose health and safety might be at risk; thousands of
people had been locked down in November and December in conditions that
were likely to increase the risk of virus contraction, and many others in local
areas for more than a month. Life and health of the people suffered from
poor communications and collaborations between organizations that arranged
Covid-19 responses, and their incapability of making quick decisions for
particular situations.208
205
According to the 2020 Freedom of the World Report of Freedom House Organization, freedom
in the world is getting bottled up in the last 15 years, and this trend is on-going in relation
to the Covid-19 pandemic; the number of free countries decreased to 82 (which was 86 in
2015), and the number of not free countries increased to 54 (was 50 in 2015). <https://
freedomhouse.org/report/freedom-world/2021/democracy-under-siege>
206
Reporters Without Borders, “2021 World Press Freedom Index” < https://rsf.org/en/
mongolia> For more details on the international indices for measuring human rights and
freedoms, see the attachments to the Report.
207
In 2020 and 2021, State Great Khural ratified the Law on Courts, Law on National Human
Rights Commission of Mongolia (revised), Law on the Procedure of the Plenary Session
of the State Great Khural, Law on the Legal Status of Human Rights Defenders, Labor
Code (revised), Law on Public Information Transparency (revised), Law on the Protection of
Personal Data (revision), and the Law on the Inspections by the State Great Khural.
208
For example, there was a sad incident where one of 7 passengers, who came from Arkhangai
aimag to “Emeelt” traffic checkpoint at around 10.00 PM on the 7th of December 2020,
citizen “O”, whose health condition was unwell, died in the morning on the 8th of December
after waiting for a medical team to arrive to get PCR test. Although citizen “O” had taken
rapid test in the aimag, traffic checkpoints were directed to enter passengers, whose PCR
results came negative according to the Official letter No.3591, issued by the Capital city
Emergency Commission on 5 December 2020. This has been the grounds for keeping the
patient longer at the checkpoint, and not allowing to enter to the city.
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Due to a lack of protocol to safeguard personal secrets, and a attitude to

respect human dignity and privacy among public officers, people suspected of
contracting the virus and their families had been subjected to discrimination and
insult. The consequence and harm of collecting personal data of people in paper
and digital forms without establishing policies and mechanism for personal
data protection are unknown at the moment. Government organizations and
politicians organized public events, but peaceful assemblies with the purpose
of criticizing government actions had been restricted as such assemblies were
dispersed because of the reason of preventing coronavirus. It violated the
principles provided by subparagraphs 11.1.3 and 11.1.5 of Article 11 of the Law
on the COVID-19 Pandemic. Committed amid the COVID-19 pandemic, such
human rights violations, which could be prevented or whose adverse effects
could be minimized had divided the people, weakened public cooperation with
and trust in the state.
A comprehensive policy should be in place that projected long-term
socio-economic impact of activities in response to the COVID-19 pandemic,
and aimed to mitigate adverse consequences and damages. This pandemic
revealed inadequacy of the general capacity of the health sector, and the
lack of capability to implement case management. It is not clear to the public
how coronavirus disease would be diagnosed and treated in the future, and
the world is concerned about long covid, and at the same time long covid
increases rehabilitation needs. There was no preparation for monitoring and
responding to post-vaccination complications as provided by law. During the
pandemic years, about 10 percent of GDP is used for supporting the livelihood
of the population, which was ineffective and inefficient, increasing budgetary
pressure. UN warns that children, youths, women, persons with disabilities,
ger area dwellers, informal sector employees, Mongolians residing in foreign
countries are at higher risk of being affected by the COVID-19 side effects.209
Due to 110 days of school closure, 686,3 thousand children and 147,3
thousand youths experienced learning loss, which led to the increase in school
dropout, engagement in the worst form of child labor, abnormality of mental
state, malnourishment, domestic violence and addiction to mobile device
among children and youths. Such negative consequences and behaviors could
potentially leave lifelong marks on the life of children aged 15 and below who
account for 27 percent of the total population of Mongolia. Longer school
closure means higher social costs. The COVID-19 pandemic affected adversely
on the employment and social life of youths, and one out of every 6 individuals
worldwide aged 20-35 became unemployed.210 Employment rate of youths,
aged 15-34, who make up 23.8 percent of the population of Mongolia was 2-3
209
210
ILO, “Youth and COVID-19: Impacts on Jobs, Education, Rights and Mental Wellbeing”, 2000,
p.13. <https://www.ilo.org/wcmsp5/groups/public/---ed_emp/documents/publication/
wcms_753026.pdf>
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times lower than the average employment rate before the pandemic, and the
lack of post-pandemic policy and actions to promote employment of youths
might accelerate the movement of youths to foreign countries.
Massive environmental damage accompanies the COVID-19 pandemic. In
2020, up to 3.4 billion single use masks were discarded each day worldwide,
and one third of hospitals do not safely manage healthcare waste.211 Mongolia
has no policy or action in place for the safe management of healthcare waste,
and mitigation of adverse environmental impacts.212 It may lead to a violation
of the human right to healthy and safe environment, and to a resurgence of
coronavirus disease. Since the social, economic and environmental consequences
of the COVID-19 pandemic could be enormous, and could leave unpleasant
marks on the life and freedoms of Mongolians, it is essential to incorporate
into the development policy the comprehensive actions to mitigate adverse
effects.
The COVID-19 pandemic clearly showed that preparation and implementation
of human-oriented state policies would be the key to overcoming crisis and
disaster with little loss, and strengthening trust between the state and the
citizen could be the foundation for a smarter and more sustainable future.213
Strict adherence to human rights law is the Constitutional obligation of the
democratic state ruled by law, and is the beginning of the development of
human-centered state policies. Therefore, based on the human rights lessons
learned from the the COVID-19 pandemic, this is to suggest the Government
to pursue new line of policy to plan response actions that considered social life
and diversity of people during communicable disease by assessing the structure
of the organization in charge of surveillance, prevention and preparation of
responses to highly contagious public disease.214
211
WHO, “Global Analysis of Health Care Waste in the Context of COVID-19: Status, Impacts
and Recommendations”, 2022, p.5. < https://apps.who.int/iris/rest/bitstreams/1406822/
retrieve>.
212
Of a total 17 healthcare institutions, involved in the monitoring and evaluation on the exercise
of the right of citizens to protection of health, medical care and services, conducted by NHRC
in 2021, 9 were family health centers, of which 33 percent had no waste management area,
they store their wastes in restrooms, isolation rooms or unused rooms. Some family health
centers established Covid-19 testing sites in their waste storage rooms. About 45 percent of
family health centers don’t have scales for weighing wastes, don’t record wastes on timely
basis, but register them by bulk. One out of 3 local hospitals, involved in the evaluation, had
contained medical wastes in non-purpose unlocked container.
213
Klaus Schwab, Thierry Malleret, “COVID-19: Great Reset”. Researchers noted that Covid-19
pandemic was a difficult challenge for all the world, but it allows the countries to look back
on and improve their economy and governance.
214
Actions to be taken during highly contagious pubic disease, specified in paragraph 8.2 of
“Action plan for prevention and rescue from disaster the people, animals and properties,
mitigation of its harm, and restoration without delay”, adopted under the Government
Resolution No.416, dated 19 October 2015, are for controlling and containing the spread of
infections. See section 6.1 of this Chapter for details.
CHAPTER II
GENDER EQUALITY AND HUMAN
RIGHTS
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“Men and women enjoy equal rights in political, economic, social, and
cultural fields as well as in marriage…”

“Everyone is entitled to all rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinions, national or social origin, property,
birth or other status…”
(Article 2 of the Universal Declaration of Human Rights)

“The States Parties to the present Covenant undertake to ensure the equal
right of men and women to the enjoyment of all economic, social and cultural
rights set forth in the present Covenant.”
(Article 3 of the International Covenant on Economic, Social and
Cultural Rights)
“To establish legal protection of the rights of women on an equal basis
with men and to ensure through competent national tribunals and other
public institutions the effective protection of women against any act of
discrimination.”
(Paragraph C, Article 2 of the Convention on the Elimination of All Forms

of Discrimination against Women)
“Women shall be eligible for election to all publicly elected bodies,
established by national law, on equal terms with men, without any
discrimination.”
“Women shall be entitled to hold public office and to exercise all public
functions, established by national law, on equal terms with men, without any
discrimination.”
(Article 2 and 3 of the Convention on the Political Rights of Women)
88 GENDER EQUALITY AND HUMAN RIGHTS

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2.1. INTRODUCTION
Law on the Promotion of Gender Equality was adopted in 2011 to ensure
equal opportunities for all men and women in political, legal, economic, social,
cultural, and family relations and create conditions for equal participation
in social life and equal access to development benefits and social resources.
Gender equality is regulated in detail in sectoral laws such as the Law on the
Civil Service, Law on Education, Law on Health, Law on Military Service, Law on
the Legal Status of Military Servicemen, Labor Code, Law on Human Rights of
Persons with Disabilities, Social Welfare Law, Family Law, Law on Combating
Domestic Violence, Law on Election of the State Great Khural, Law on Political
Parties, Law on Combating Human Trafficking, Law on Infringement, and
Criminal Code.
All countries around the world united for the peaceful life of the world
population, prosperity, and sustainability of the environment and adopted the
“Sustainable development-2030 program” in 2015. As the central promise of
sustainable development, “Leave no one behind” is based on human rights,
and it represents a commitment to break the cycle that “leaves people behind,”
reduce inequality and ensure equality. In Vision-2050, a long-term development
policy approved by the State Great Khural of Mongolia in 2020 under Resolution
52, a goal was set to create a favorable enabling environment for equal access
to social resources through ensuring gender equality in social development.
With regards to enforcing the Law on the Promotion of Gender Equality,
a national program on ensuring gender equality, a subprogram on ensuring
gender equality in the capital city and its seven districts and 21 aimags, and a
gender policy for nine sectors was approved. Even though the legal environment
for ensuring gender equality has been enabled and progress has been made
in ensuring gender equality in political, economic, social, cultural, and family
relations, there remains a need to develop a policy and plan to eliminate
the root causes of gender inequality, to reduce inequality, and to accelerate
intersectoral coordination and target activities.
As of 2021, according to the “Gender Inequality Report” by the World
Economic Forum, Mongolia ranked1 69th out of 156 countries with its gender
inequality index, ten ranks up as compared to that of 2019. General four
indexes measure gender inequality, and Mongolia ranked at 23rd out of 156
countries with its global economic participation rate in 2021 compared to 2006,
at 73rd with educational indicators, at 1st with health indicators along with 39
countries, and at 116th with the rate of political participation.
1
Average Gender Gap Index of world countries is 67.7 percent, p.281.
<https://www3.weforum.org/docs/WEF_GGGR_2021.pdf>
GENDER EQUALITY AND HUMAN RIGHTS 89

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Table 2.1 Gender inequality index: Mongolia 2
Gender index Year 2006 Score Year 2021 Score
Gender gap index 42 0,682 69 0,716

Economic participation and opportunity 21 0,704 23 0,769
Education attainment 20 0,999 73 0,993
Health 1 0,980 1 0,980
Political empowerment 101 0,046 116 0,122
This chapter has been developed based on the overview of equality

for all men and women in the spheres of politics, economy, civil service,
employment, culture, education, health, and family; findings of studies on the
representation of women in politics and their participation in decision-making
level; findings of a comparative study on knowledge, attitude, and practice of
public administration officers on workplace sexual harassment; and results of
the monitoring and evaluation on the enforcement of Law on the Promotion
of Gender Equality conducted by the NHRC and information and data provided
by relevant organizations.
Factors such as issues of crime victims, human trafficking, arranged marriage,
labor exploitation, teenage pregnancy, girls’ examination, discrimination against
boys, social stress, mental health, and different situations in rural and urban
areas have not been considered.
Guarantee of gender equality in political spheres

About 51 percent of voters and 55.9 percent of voters for the election of
citizens’ representative’ khurals in 2020, and 54.9 percent of voters for the
presidential election in 2016 and 2021 were women.3 Their representation in
the State Great Khural is only 17.3 percent, which is 7.6 percent lower than the
global average. The number of women candidates was 129 in 2016 and 151 in
2020, showing a 17 percent increase compared to that of the previous election
year. From 1990 until today, the State Great Khural has not been led by a
woman. About 75.1 percent or 455 out of 606 candidates for the State Great
Khural election in 2020 were men, and 24.9 percent or 151 candidates were
women. Out of 1106 representatives in aimag and the capital city’s citizens’
representative khurals 80.4 percent are male, and 19.6 percent are female.
2
<http://www3.weforum.org/docs/WEF_GGGR_2021.pdf> p.281.
3
Update of General Election Commission dated 23 October 2020, <www.gec.gov.mn>

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Table 2.2 Election result of State Great Khural and citizens’

representative khurals of 2020
Election Total elected Male Female Women’s share

State Great Khural 76 63 13 17.1
Aimag 771 651 120 15.5
Capital 45 37 8 17.7
Soum, district 7,353 5,258 2,095 28.6
Mongolia’s performance in terms of women’s participation in political

decision-making level is inadequate. A quota of not less than 20 percent of
candidates from political parties and coalitions for the State Great Khural should
be of either gender has been ensured. However, the quota set by the Law on
the Promotion of Gender Equality has not been fulfilled for ten years due to
lack of measures to implement the quota by reserving seats to ensure gender
equality for political and managerial positions. According to female candidates,
challenges faced by them in elections include a lack of financial resources, the
current legal environment favoring wealthy candidates and political parties, the
internal structure of political parties, a lack of support from the political party
management, in particular from male members as well as the public, and attack
and defamation from the public. (More about this topic can be found on the
subtopic in 2.1, “Representation of women in politically-appointed positions
and their participation in decision-making level.”)
The share of women in politically-appointed public positions has not changed
over the last two elections of State Great Khural. In terms of the number of
ministers, it has gone up and down due to the change of Government in 2016-
2021 and reached 28 percent today, the highest ever. The number of female
deputy ministers was 5 or 38.5 percent in 2016 but decreased to 2 or 14.2
percent in 2021. There are four female ministers, two female deputy ministers,
and four deputy Governors of aimags and the capital city. About 23.9 percent
of officials holding politically-appointed public positions were women as of
2020.

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Figure 2.1 Share of women in politically-appointed public positions

(2016-2020)
Parliamentarians Ministers
Deputy ministers Deputy Governors of aimags and
Head of the Aimags and Capital City CRM capital city
In terms of the share of women in state management positions, the quota

set by the Law on the Promotion of Gender Equality has not been fulfilled
for ministers, aimag, and capital city governors, heads of district citizens’
representative khurals, and district governor positions as shown in the table
below.
Table 2.3 Share of women in politically-appointed public managerial

positions as of 20214
Number of Quota by
Total Percent
women law
Politically appointed public positions
Parliamentarians 76 13 17.1 20
Ministers 14 4 28 15
Deputy Ministers 14 2 14.2 15
Aimags and Capital city Governors 22 0 - 15
Aimags and Capital city Deputy
22 4 18.2 15
Governors
Heads of Aimags and Capital city CRM 22 2 9 15
Head of District CRM 9 2 22.3 20
District Governor 9 1 11.2 20
Deputy District Governors 9 3 33.3 20
4
Data from the Secretariat of the Civil Service Council, 2021. Report on the 2020 operations of
the Civil Service Council of Mongolia, 2021.

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Guarantee of gender equality in economic spheres

Mongolian legal requirements for running a business do not differ for men
and women. The first step of running a business or the process of establishing
and registering a company is classified as male and female and accounts for
the number of steps for establishing a company, time, expenses, and initial
capital requirements are the same for males and females.5
In terms of economic participation and equal access to resources and
benefits, Mongolia does not limit the inheritance rights of girls, but women
don’t have as equal rights as men with regard to land ownership and possession
and property title other than land.6
About 60 percent of the owners of the apartment, an essential property
for households, are men and 33 percent are women, and the majority of
the owners of animal husbandry, large equipment, and land are men.7 Men
dominate large business organizations, while women represent 64 percent
of small and medium enterprises. The number of female entrepreneurs has
increased to 67.7 percent in 2018.8 The circumstance has gradually changed
as 6.4 percent more women registered for land ownership and possession in
2020 and 2021, and the percentage of women was 1 percent higher than men
in registration of immovable properties other than land.
According to the ownership record for 2020 and 2021, women’s single
ownership of immovable property was 6-15 percent lower than men’s, while
dual ownership was 15-41 percent higher than men’s.
As of 2021, about 62.8 percent of entity directors were men, 37.2 percent
were female, and around 52.5 percent of women are working in the trade
and processing industries.9 Men’s dominance in ownership and management
of private entities have become apparent while women have to face unequal
access to investment and financial support, lack of domestic market protection,
and unfair competition in public and rural procurement.10
5
UNFPA, NCGE, “Evaluation on the implementation of the Law on the promotion of Gender
Equality” 2021, p.51.
6
<https://www3.weforum.org/docs/WEF_GGGR_2021.pdf> p.282.
7
Asian Development Bank, Japan Fund for Poverty Reduction, NCGE, “Mongolia Gender
Situational Analysis: Advances, Challenges and Lessons learnt since 2005 until today”, 2020,
p.18.
8
p.18.
9
Official letter No.6/1767 of the General Authority for State Registration of Mongolia, dated 1
March 2022.
10
p.10.

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Women in business had difficulties with financial resources before the

pandemic and have been affected adversely by the pandemic. For example, as
of 2021, the supply chain of businesses with female founders was affected,
resulting in decreased trade and production. In some cases, they had to shut
down and lay off their employees.11
Guarantee of gender equality in civil service

About 7.1 percent or 1 out of 14 state secretaries of ministries and 8.3 percent
or 3 out of 36 heads of Government agencies are women, which is lower than
the 15 percent quota set by the Law on the Promotion of Gender Equality. In
comparison, 47.6 percent or 157 out of 330 soum heads of Governor’s Offices
are female.
Table 2.4 Share of women working in managerial positions of public

administration as of 202112
Number of Quota by
Total Percent
women law
Public administration positions
State secretaries of ministries 14 1 7.1 15
Heads of government agency 36 3 8.3 15
Secretaries of aimags and capital city
22 5 22.7
citizens’ representative’ khurals
Secretaries of districts citizens’ No quota
9 2 22.2
representatives’ khurals set
Secretaries of soums’ citizens’
330 200 60.6
representatives’ khurals
Heads of governor’s offices of aimags
22 4 18.2 40
and the capital city
Heads of governor’s offices of districts 9 1 11.1 40
Heads of governor’s offices of soums 330 157 47.6 40
The Majority or 61.6 percent of civil servants were women in 2020, and 25.7
percent of top managers were women.13
The gender ratio of civil servants does not fulfill the quota set by the law.14
The Civil Service Council, which has the function of implementing policies and
measures to ensure the 40:60 ratio in cases where either gender dominated,
11
Women’s Economic Empowerment project of the Asia Foundation and Independent Research
Institute of Mongolia in partnership with the NCGE and with the support of Canadian Ministry
of Foreign Affairs, “Covid-19 Impact Assessment on Micro and Small-scale Women Business
Enterprises in Mongolia” Report, 2021, p.8-9.
12
Data from the Secretariat of the Civil Service Council, 2021. Report on the 2020 operations of
the Civil Service Council of Mongolia, 2021.
13
Report on the 2020 operations of the Civil Service Council of Mongolia, Ulaanbaatar, 2021.
14
Paragraphs 10.1 and 10.3 of Article 10 of the Law on the promotion of Gender Equality.

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has not taken any actions. The Law of Mongolia on the Civil Service and its
related rules and orders do not have related regulations.15
Inadequate fulfillment of a quota set by the Law on the Promotion of
Gender Equality is considered normal, and the ignorance of the law displays a
lack of awareness and knowledge of state management on gender and their
failure to exercise legal responsibilities.
Guarantee of gender equality in cultural and educational spheres

The gender ratio of girls and boys enrolled in day programs at general
education schools is 50:50 for public schools while it is 49.1:50.9 for private
schools. The number of boys seems to get lower as a grade advances. For
example, 48.9 percent of total primary school students, 49.5 percent of
secondary school students, and 54.7 percent of high school students are girls.16
Between 2020 and 2021, the number of students who attained basic education
was 44,850 and 34,813 for general public education, while 31,161 students
completed college and university programs. Of all the graduates, 55.3 percent
were women.17.
Of the learners at all levels of education, 61 percent are women. Of 148,446
students enrolled in universities and colleges, 38.9 percent are male, and 61.1
percent are female. In contrast, 66.2 percent of master’s level students, 55
percent of doctorate students, and 60 percent of bachelor level students are
women. However, out of 42,594 students of vocational training programs, 60
percent of them are male, and 40 percent are female.18
Table 2.5 Enrollment in lifelong education programs by gender19

Program type Number of students Female Male
Curriculum equal to elementary
7,296 2,113(28.9%) 5,183 (71.1%)
and secondary education
Literacy training 2,602 1,208 (46.4%) 1,394 (53.6%)
About 37.6 percent of the students enrolled in lifelong education center

programs are women.
15
16
17
Official letter No.2/961 of the Ministry of Education and Science, dated 2 March 2022.
18
19

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Table 2.6 Education level of the population aged ten and older by
percentage 20
Education level Male Female
No education 5.3 4.6
Primary school education 14.7 12.8
Lower secondary education 19.2 15.1
Upper secondary education 30.7 27.7
Technical and vocational education 4.3 3.4
Vocational secondary education 4.1 5.3
Tertiary 21.7 31.1
When the education level of the population aged ten and older are
compared, it shows differences of 0.7 percent for men and women with
no attained education, 1.9 percent for attained education, 0.2 percent for
vocational training, and 9.4 percent at tertiary level. Women in universities
study more related to social science, health, and education, while men focus
more on natural science and engineering. More men study at technical and
vocational training schools.
In 2021, the International Bank for Reconstruction and Development and
World Bank released a report, “Towards Mongolia’s long-term development
policy vision 2050: Advancing education equity, efficiency, and outcome,”
and analyzed access to education, education equity, and governance. The
report states, “Gender disparities manifest from the lower secondary level
and continue to increase at higher levels of the general education system.”
According to the conclusion of a 2009 study, boys of poor and herder families
had limited opportunities to attain secondary education, and 60 percent of
all children aged between 8-15 and who dropped out of school were boys
of poor and herder families.21 This conclusion has not changed much and
remains the same today. According to the education sector overview by the
National Statistics Office in 2020, the main factors for the dropout of boys
aged 6-14 included poverty and sickness. There remains ambiguity regarding
the target policy and program to decrease boys’ dropout from school and
support them in attaining higher education following these studies, statistics,
and analyses. During the two years of the COVID-19 pandemic, the number
of students at risk of dropping out of school increased by 60 percent22 and
78 percent male and 22 percent female learners, demonstrating the need to
improve the basic conditions and take measures. This different education level
could be an indirect factor for family structure and even further affect the
20
21
SDC, IRIM “Gender Equality in Mongolia”, 2014, p.41.
22
Update from the MES, <https://www.facebook.com/iKonNews/videos/676818066839709>

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number of people connected to crimes23 which is why it has become critical to

pay attention to the dropout of boys from school and implement policy and
programs to support the attainment of education at all levels.
While statutes and regulations of educational institutions have provisions
about ensuring gender equality, their enforcement is inadequate. About 78
percent of workers in the educational sector consist of women, and 62.6
percent are working in the tertiary education sector. Although women’s duties,
responsibilities, and contributions to the education sector stand out, there
is still a lack of representation of them at the decision-making level. There
is a lack of women’s representation at the decision-making level, especially
management and board level and academic council; however, they dominate
at the executive level.24
Although there are pressing issues related to the gender ratio and gender-
based pressure among workers in the education sector - especially teachers of
preschool education institutions, primary and secondary schools, and students
of universities and vocational training centers - there still is a lack of initiatives
about taking special measures when necessary and needed.
Despite Article 12 of the Law on the Promotion of Gender Equality regulating
the guarantee for gender equality in cultural and education sectors, it only
refers to the education sector, and there is a need for legislation in the Law
on the Promotion of Gender Equality to ensure guarantee of gender equality
in the sector of culture.
Guarantee of gender equality in the health sector

One of the critical issues around gender in health is the difference in life
expectancy between men and women. Worldwide, women live 4.3 years longer
than men on average, while women in Mongolia live 9.5 years longer than
men25.
Men’s death, caused by cardiovascular diseases, one of the main reasons of
death among the population, is 18.6 percent higher, death caused by cancer is
10 percent higher than women’s, while women’s death caused by urinary and
sexual diseases is 20 percent higher than men’s. In addition to this, more men
die because of road accidents, suicides, industrial accidents, murders, other
accidents, and uncertain factors as compared to women.26
23
As of 2021, the number of total suspects and prisoners committed crime was 18078, of whom
83.8 percent were male, 16.2 percent were female, and the number of persons sentenced by
the court was 13391, of whom 88.8 percent were male and 11.2 percent were female. Of
total prisoners 11.5 percent had higher education, 39 percent had special, secondary and upper
secondary education, 37.5 percent had incomplete elementary education, 12 percent were
illiterate. (Update from the General Executive Agency of Court Decisions).
24
25
26

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Eight national programs are27 being implemented in the health sector to

reduce the number of deaths caused by primary causes.28 The number of
deaths caused by factors other than cancer has decreased due to state policies,
programs, and budget allocation for preventive measures to combat diseases
that were primary causes of death among men and women. However, over
the last ten years, the difference between women’s and men’s death was 40
percent for women and 60 percent for men, showing no difference from the
previous years.
The number of men getting clinical checkups is 1.5 times lower than women.
According to clinical records, the percentage of checkups of male patients
decreases dramatically, bringing the gender ratio of men and women getting
checkups to 38/62 percent. In particular, the checkup rate is the lowest for
men aged 25-34, while women have a higher rate in this age group due to
their reproductive age.
Nationwide, a total of 17,540,516 people had medical checkups in 2021,
and 61.6 percent of them were women. In rural areas, 7,443,393 people
had checkups and 37.2 percent of them were men and 62.8 percent were
women, showing no difference between the percentage of women’s checkups
in the capital city and rural areas. The number of inpatients nationwide was
836,277, and 63.7 percent of them were women while 36.3 percent were
men.29 Regarding the percentage of inpatients, men’s is 25-27 percent lower
than women’s.
Therefore, it is essential to classify the cost of health per person by gender,
define and analyze the percentage of spending on measures for disease
prevention, make health services accessible, and provide medical services based
on the different needs of men and women. In this regard, reproductive health
and mental health issues should not be left behind.
Guarantee of gender equality in family relations

The number of households in Mongolia was 908.7 thousand at the end
of 2020, of which 67.3 reside in the capital city while 32.7 percent in the
countryside. On average, there are 3.6 people per household in the country.
The sex ratio at birth in 2020 was 100 girls per 105 boys, and due to the
increase in birth over the last 15 years, the number of households with four and
27
“National Program on the Prevention and Control of Non-Communicable diseases (2017-
2021)”, approved under the Government Resolution No.289 in 2017, “National Program for
Mental Health-2 (2010-2019)”, approved under the Government resolution No.303 in 2009,
“National Program for Prevention from Accidents and Injuries (2018-2022)”, approved under
the Government Resolution No.163 in 2018, and “National Program for Food and Nutrition of
the Population (2016-2025)”, approved under the Government Resolution No.447 in 2015.
28
29
Official letter No.2/772 of the Ministry of Health, dated 22 February 2022.

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more children below the age of 18 years reached 51.6 thousand by the end of
2020, increasing by 15 thousand (40.8 percent) from 2016. In 2020, a total of
14,252 couples and in 2021, a total of 16,118 couples registered their marriages,
while 3,316 couples in 2020 and 3,391 couples in 2021 divorced.30 When 2020
is compared to 2021, the number of marriage registration increased by 1,866
couples while the number of divorced couples increased by 75, exhibiting an
upward trend.
As of 2021, the number of female heads of the households was 69,132, and
the number of male heads of the households was 15,728.31 The high number
of divorces has been affecting the upbringing of children negatively and
causing adverse social impacts regarding life quality, poverty, and employment.
Although child upbringing is the responsibility of parents, women and mothers
are taking more responsibility.
According to the 2020 population and housing census, 67.6 percent of
households live in the capital city. The infrastructure and urban planning do
not provide a convenient and enabling environment for thriving and working,
especially for young families, and the water supply and toilets used by
households and schools in the countryside have not advanced.32
Poverty rate was 30.8 percent in rural areas and 27.2 percent in urban
areas, and two out of five people in poverty are children under the age of 15.
Poverty headcount rates for the unemployed and inactive population are 40
and 34, respectively, while three in five poor workers are engaged in wage
activities, which are mostly low-skilled and low-end service jobs.33
According to the National Statistics Office data, 59 percent of 305,430
herders were men, and 41 percent were women as of 2021, indicating gender
inequality. The family structure of herders has been affected such as by living
apart due to their six-year-old children attending a school.34 Families in rural
areas commonly support their daughters to obtain higher education, and
educated women move to aimag and soum centers to work. Like this, women
in their age of marriage migrate, and the marriage of young male herders
tends to get late.35
30
31
32
p.10.
33
<https://www.worldbank.org/mn/country/mongolia/publication/mongolia-poverty-update>
34
p.40.
35
NCGE, ADB, “Gender Analysis on Young Male and Female Herders’ Life”, 2021, p.29-30.

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According to the “Leave no one behind,” a sustainable development

promise: Analysis of multilayer breakdown of some gender indicators, “five
indicators for basic opportunity were selected, and based on the report Social
indicators-2018, about 16.8 percent of women aged 15-49 have no basic access
to drinking water, 25.2 percent have no access to sanitation, 47.2 percent have
no clean fuel for cooking, 34 percent have no house with adequate space
for living, 9.4 percent were married before the age of 18” - indicating the
inequality for women age of 15-49 representing different groups.
Although gender equality principles are included within the framework of
the law on family relations; factors such as gender stereotypes, employment,
salary, income, different education level, and sufficiency of child care services
are affecting gender inequality in family relations and causing indirect gender
discrimination.36 As of 2021, about 88 percent of domestic violence victims
were women and 10.7 percent were children.37 (More on this topic can be
found in Chapter 4, “Freedom from domestic violence.”)
In Mongolia, the upbringing of children aged 1-14 demonstrates more
violent approaches to boys than girls. For example, as of 2018, 45 percent
of children aged 1-14 who were girls and 53 percent of the same age group
who were boys said they experienced violence. In particular, boys experienced
physical punishment 10 percent more than girls and psychological punishment
5 percent more. About 42 percent of girls grew up in a non-violent upbringing
as compared to 36 percent of boys, which shows that children are raised with
common violent methods, and boys tend to experience more violence.38
The primary concern of Mongolian families in financial matters; the
secondary concern is unemployment and the third is the issues of the basic
need such as housing.39
Abundant social welfare measures are not improving employment
opportunities for female heads of households and people in poverty and not
36
It is stated in the “Procedure for awarding “Darkhan Ber” (Most Respected Bride) medal and
certificate”, approved by the resolution of the Citizen’s Representatives Meeting of Tsogttsetsii
soum, Umnugobi aimag, “... gave births to more than 3 boys consecutively in the home she
came as a bride…if she gave birth to a girl, she shall not be considered as “darkhan ber”, ...only
includes children birthed by the same mother, not the adopted children”. It is deemed indirect
gender discrimination specified in subparagraph 4.1.6 of Article 4 of the Law on the Promotion
of the gender Equality. NHRC Commissioner’s Requirement No.03/01, dated 6 January 2022.
37
Official letter No.2/70 of the Secretariat of the Council for Coordinating Crime Prevention
(SCCCP), dated 10 March 2022.
38
NSO, Presentation on the Report of the Social Indicator Sample Survey “Right to be protected
from Violence and Exploitation”, 2018.
39
According to the Research report “Patterns and Changes of Mongolian Family Relations”,
released by the Labor and Social Protection Research Institute of the Ministry of Labor and
Social Protection in 2019, majority of respondents (57.5 percent) pointed out the importance
of implementing activities to reduce unemployment and increase household earnings to the
question what support the families want to receive from the state. “Patterns and Changes of
Mongolian Family Relations” Research Report, 2019, p.93.

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influencing men to break their unhealthy habits; therefore, it is necessary to

define the broad scope of the issue, improve basic conditions, and support
family development.40
Guarantee of gender equality in employment and labor relations

As of 2020, about 60.8 percent of employed people consisted of men and
48.7 percent of women. The Mongolian workforce was 1,226,504 as of April
2021, and 52.5 percent of them were men, and 47.5 percent were women.41
Out of 586.8 thousand men in the workforce as of 2021, 158.5 thousand
or 27 percent were in agriculture, 168 thousand or 28.6 percent in industrial
and construction sectors, and 260.4 thousand or 44.4 percent were working
in the service sector.42
In all age groups, men have a higher labor force participation rate than
women. For example, in age groups 15-19 and 40-54, the difference between
the participation rate is 2.9-11.3 percent. The highest is 14.1-23.6 in the age
group 20-39, which could be due to women taking time out of the workforce
to give birth and look after their children at this age and returning to work as
their children grow up.
The number of unemployed43 people nationwide as of Q4 of 2021 was 99.4
thousand, 56.4 percent of them were men, and 43.6 percent were women.
The number of unemployed people increased by 7.9 percent from the same
period last year and by 1.4 percent from the previous quarter.44
Women with newborns and pregnant women are discriminated against in
the workforce. For example, according to a study with 718 female participants,
22.1 percent faced layoffs during their pregnancy or while caring for a new
baby, and 37 percent experienced discrimination. In addition, participants of
the same study responded that the biggest challenges with working include
having no one to care for their newborn, lack of kindergartens, and overlapping
of office and kindergarten start and end times.45 Due to the lack of preschool
education institutions and kindergartens, either of the parents has to stay
home and care for their children; in most cases, mothers take a break from
work and raise their children.
40
p.9.
41
42
43
Unemployed person is a person of labor age who in the last 7 days is without work, seeking
work, and is currently available for work (Resolution of the 19th International Conference of
Labor Statisticians, clause 47).
44
NSO, Brief Introduction on the Labor Force Survey, Q IV, 2021, 2021.
45
Mongolian Women’s Fund, “Situation of Women’s Rights in Mongolia 2015-2019”, 2020, p.14.

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As of Q3 2021, the average salary of women was 1.2 million tugrugs,

17.8 percent lower than men’s salary of 1.5 million tugrugs. In addition, men
spend 1.8 hours daily on unpaid labor while women spend 4.6 hours.46 When
the average wage per worker or labor productivity is calculated based on the
number of workers in different sectors, gender ratio, and average salary, men
work more in sectors with high labor productivity. Men make up 52.9 percent
of total workers and are paid 57.4 percent of the total wage, whereas women
account for 47.1 percent of total workers and are paid 42.6 percent of total
wages. About 26.1 percent of total wealth created in the year is reallocated
through wages, and men get paid 57.4 percent more than their composition
rate in the workforce, and women get 42.6 percent lower47.
Of 154 people who started working abroad through employment contracts,
95.5 percent were men, and 4.5 percent were women as of Q4 2021. The
majority of them, or 35.1 percent, were in the age group 25-29 and 31.8
percent in 30-34, while the lowest was 1.3 percent in the age group 40-4448.
More men migrated to the capital city according to the population and
housing census of 2000-2010, while migration of women of age 30-34
increased in the 2020 census.49
Women of pension age don’t retire by choice50 but it is more common that
they are forced by their employers51 to retire. Moreover, men of pension age
continue to work in civil service while fewer women keep their employment.
There has been no progress in eliminating the root causes of gender inequality,
and the gender gap has been increasing in economy-based budgeting and
social inequality, particularly in the labor market, due to the lack of capacity
and resources to carry out gender analysis on economic and social policy and
planning in the country, aimag, the capital city, and district levels; measure
their effectiveness and rectify them.52
International and donor organizations support gender equality in wide
scope with funds and other tools through projects and programs. To make
46
47
48
49
50
Paragraph 1 of Article 4 of the Law on Pensions and Benefits Provided by the Social Insurance
Fund, “The Insured shall be entitled to receive old age pension if he/she is 65 years old, and
paid for not less than 20 years the pension insurance premiums. Men of the age of 60 years
and women of the age of 55 years who paid for not less than 20 years premiums may receive
old age pension at their own will.” Amendment made in 2018.
51
p.27.
52
p.9.

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them more effective while ensuring compatibility and avoiding overlapping, it

is significant to coordinate their planning, organization, and implementation.
To ensure the realization of the UN’s SDG goal of achieving gender
equality, enforcement of the Law on the Promotion of Gender Equality, and
implementation of policy documents and programs, it is crucial to consider
statistics, studies, and analyses; take integrated approaches to evaluate the
issue in multiple situations; and plan and implement countermeasures that
consider the features of the country, sectors, and rural areas.
2.2. WOMEN’S REPRESENTATION IN POLITICALLY-APPOINTED

POSITIONS, THEIR PARTICIPATION IN DECISION-MAKING LEVEL
The Convention53 of the United Nations on the Political Rights of Women
affirms women’s right to vote in all elections, eligibility for election to all
publicly elected bodies, and their entitlement to hold public office and exercise
all public functions, established by national law on equal terms with men,
without any discrimination. Articles of the Convention are reflected in the
Constitution of Mongolia, Law on the Promotion of Gender Equality, Law
on Civil Service, Law on the Election of State Great Khural, Law on Election
of Citizens’ Representative khural of aimags, the capital city, soums, and the
districts, and the Law on National Human Rights Commission of Mongolia.
In 2021, Mongolia ranked at 116th with a score of 0.122 for the “Political
empowerment” sub-index of the Global Gender Gap Index, showing
unsatisfactory performance. According to the Inter-Parliamentary Union’s data,
the global average representation of women in parliaments was 25.8 percent
as of 2021 and Mongolia’s was 17.1 percent, showing lower representation than
the average rate of Asia.54
The share of elected women in State Great Khural during the 2020 State
Great Khural election was 17.1 percent, which remains lower than the global
average55 of 25.5 percent as of January 2021.
As of 1 June 2021, Mongolia ranks 127th out of 193 countries with its
women’s share in legislatures; 19th out of 30 countries in Asia, showing weaker
performance compared to other countries.56
Between 1990 and 1992, out of 430 people’s Great Khural deputies of the
Mongolian People’s Republic, 50 of them were Steate Lesser Khural members
and two of them were women and four out of or 5.3 percent of 76 members
elected from 293 candidates in 1992 State Great Khural election were women.
53
Mongolia ratified in 1981 the UN Convention on the Political Rights of Women, which was
adopted on 20 December 1952, became effective on 7 July 1954. <https://legalinfo.mn/mn/
detail/1293>
54
<https://www.ipu.org/our-impact/gender-equality>
55
Inter-Parliamentary Union, Global data on National Parliaments, June-July 2021 archive site.
56
Liberal Women’s Brain Pool, “Increasing women participation in the decision-making level”
research report, 2021.

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About 2.5 percent of candidates for the State Great Khural election in
2000 were women and it reached 25.9 percent between 2004-2016 and 24.9
percent in the election of 2020, falling by 1 percent. Out of the duplicate
number of 1814 candidates for the last four State Great Khural elections, 430
or 23.7 percent were women.
Since 1992, 608 members have been elected in eight State Great Khural
elections and the duplicate number of women was 64, and 151 out of 606
candidates for the 2020 State Great Khural election were women and 13 of
them were elected as State Great Khural members.
Women’s share in soum and district Citizens’ Representatives’ Meeting was
29.3 percent in 2012, 27.1 percent in 2016, and 28.6 percent in 2020.57
Figure 2.2 Gender ratio of candidates for State Great Khural

(by the election year)58
Candidates for the Parliamentary election, total Fmale candidates
Regarding women candidates for Citizens’ Representatives’ Meeting:

A study with an aim to define the quality level of gender in decision-making
level involved 631 participants aged 24-77 and 18.4 percent of the participants
were from age group 18-35, 38.8 percent from 36-45, 33.1 percent from
46-55, and 9.7 percent from the age group of over 56. The average age was
44. People in the age group 36-55 dominated with 71.9 percent, showing
that women’s political career starts from the age of 36. In regards to work
experience, 58.3 percent or one out of every two women is working in civil
service, 21.7 are self-employed, and 13.3 percent are working in enterprises.
About 90.5 percent of these women have been living in their current location
for more than eight years while 4.3 percent of them have been living in their
current location in rural areas for up to four years, showing that the longer
they settle in rural areas, the more they tend to get into politics.
57
58

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Let’s take a look at the finding of this study or the political situation of
women candidates for the citizens’ representative khurals.
Figure 2.3 Political life of women (n=630)
More than 11 years Up to 2 years

36% 20%
3-6 years
27%
6-10 years
17%
Around 225 women or 35.7 percent of the women who participated in the
study have been active in politics for more than 11 years, 170 or 27 percent for
3-6 years, 127 or 20.2 percent for up to two years, and 108 or 17.1 percent for
6-10 years. In addition, one out of three women has been in politics for more
than 11 years, and their position stayed the same in the political party they
affiliate with. They haven’t been promoted to a managerial position in their
party.
When the politically active years of these women are classified by political
party, 39.7 percent of the members of the Mongolian People’s Party, 34.2
percent of the Democratic Parties, and 40.7 percent of other parties have more
than 11 years.
The majority of women candidates for elections have defined their strengths
as honest, determined, meticulous, patient, and genuine commitment, and their
weaknesses as lack of financial capacity, self-promotion, and political ambition.
However, according to a public perception survey about the participation of
women at the decision-making level, the strengths of Mongolian women
politicians include soft, flexible, sentimental, down-to-earth, and clean.
Their weaknesses included being discouraged, fearful, financially incapable,
undetermined, bad at making decisions, lack of resistance, and thin-skinned,
which could be affected by family pressure, patriarchy, gender stereotypes,
and attitude. In addition, the study found that women think that factors
such as increasing or meeting quota and support from the party are not
under their control; they see education, business characteristics, less likely of
corruption, quota, and openness as their opportunities and have to consider
risks such as abandoning their family, financial difficulty, pressure, burden,
and discrimination. 59
59
UNDP, KOICА International Organization, Social Policy Development Research Institute, “Public
perception of women participation in the decision-making level” research report, 2021.

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Table 2.7 Strengths and weaknesses of women politicians (n=532)

Strength Rank % Weakness Rank %
Honest, determined,
1 73.4 Financial incapacity 1 75.6
meticulous, patient
Performs with genuine
Lack of political ambition,
commitment and delivers 2 61.5 2 58.1
lack of self-promotion
high quality
Lack of courage, quickly
Excellent at organizing things 3 48.5 3 38.3
ruled by someone
Jealous, women don’t
Competent 4 39.2 4 32.4
support each other
Excellent verbal skills 5 29.4 Polarized 5 24.8
Compassionate, aims for the Lack of trust, lack of self-

6 23.8 6 17.6
best for people confidence
Less likely to be corrupt 7 18.5 Bad at teamwork 7 16.2
Excellent communication
8 12.1 Lack of political experience 8 9.3
skills
Protects human rights and
freedom and fights for 9 8.2 - - -
justice.
About 60 percent of 123 women participants who have been working

actively in politics for less than two years, 87 percent of 166 women who
have been in politics for 3-6 years, 57 percent of 105 women in politics for
6-10 years responded “voters have a lack of knowledge about gender” and 93
percent of 222 women who spent more than 11 years in politics said, “voters’
education is insufficient.”
Table 2.8 Adverse factors for women’s representation in politics

(duplicate number)
Factor Count Percent

Voters have a lack of knowledge about gender 320 21.9
Voters have a lack of education 229 15.7
Believes that only men can be skillful in politics 199 13.6
Seems dependent on men 170 11.7
Not ready to vote for women 142 9.7
Likely to blame women politicians first, being harsher with
126 8.6
them
Ignores women politicians and respect men politicians 126 8.6
More likely to insult women politicians and underestimate
99 6.8
them
Other 47 3.2
Total 1458 100

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About 71.7 percent of the participants of the study said they competed
once in the election of citizens’ representative khurals and 5.6 percent said they
competed four and more times, which shows that women’s share in politics is
not stable yet.
Figure 2.4 Women competed in the citizens’ representative khurals

(by percentage)
1 time 2 time 3 time 4 time
About 46 percent of women candidates for citizens’ representative khurals

said they covered their expenses related to their election campaign with
support from their families and relatives, 30.3 percent said their political party
supported them, and 0.8~8.4 percent received support from others (relatives,
friends, public, political party members, and from property sales). This proves
the weakness of women in politics as mentioned above.
In terms of the outcome of citizens’ representative khurals, 30.4 percent
for the election of the district and capital city citizens’ representative khurals
and 36.6 percent for soum and district citizens’ representative khurals have
“never been elected”; 25.5 percent in aimag and capital city and 40.7 percent in
soum and district have “been elected once”; 44.1 percent in aimag and capital
city, 22.8 percent in soum and district have “been elected twice and more.”
According to this, the numbers of respondents are higher for “been elected
once” at soum and district level citizens’ representative khurals and “been
elected twice and more” at aimag and district level citizens’ representative
khurals.

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Figure 2.5 Candidacy for citizens’ representative khurals and outcome
Aimag, capital level

citizens’ representative
khurals 2 times or more
Soum, district level

citizens’ representative Won 1 time
khurals
never won
Other
About 42.5 percent of women said their “personal reputation” was the
main factor in winning an election, 34.4 percent said they “lost due to internal
structure and conflict of the political party”, 31.6 percent said they “had
an insufficient fund for the electoral campaign” and 21 percent responded,
“negative attitude from male members of the political party affected.”
Table 2.9 Factors resulted in winning and losing in election,

with multiple choices
Factors resulted in winning
% Factors resulted in losing (n=305) %
(n=326)
Unclear structure of the political party,
Personal reputation 42.5 34.4
conflict
Insufficient funds for electoral
Title and positions 37.4 31.6
campaigns
Organization of the political Negative attitude from male members
27.0 21.0
party, internal management of the political party
Inadequate support from the head of
Agenda 22.0 20.5
political party
Greater educational
17.9 Election system 19.9
attainment
Opposition from the public toward
Public support for women 12.0 13.7
women
Influential and unaffiliated with the
Appearance and behavior 6.0 9.8
political party
The public responded that “personal behavior, appearance, and body look,
education factors, and financial capacity” have affected women in losing
elections.60
60

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When asked about factors affecting women’s low share in citizens’

representative khurals in detail, 200 or 32.5 percent of participants in the study
said “women’s financial capacity is lower than men’s”; 150 participants or 24.4
percent said “head of the political party lacks knowledge and understanding
on ensuring gender equality”; and 111 respondents or 18 percent said, “political
party’s policy to support more men.” According to this, financial situation,
political party’s internal structure, support, and lack of awareness and
knowledge of political party management about ensuring gender equality have
also been factors.
Figure 2.6 Factors affecting the low share of women in citizens’

representative khurals61
Women’s economic
capabilities are weak
than men
Male party members’

support is weak
Inadequate under
standing and knowledge
of party leadership in the
field of gender equality
Party policy of favoring
male candidates
other
MPP DP HUN Other parties Non...
Consideration of running again for citizens’ representative khurals include

personal and rural level factors. For example, factors such as voicing their
opinion to the public, gaining political experience, and recommendations from
political party management and people in rural areas have affected women in
the running again.
61
The NHRC, Mongolian Women’s Federation (MWF), Determination of gender quality level in
the decision making level, Research Report, 2022.

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Table 2.10 Factors affected in not running again for citizens’

representative khurals election
Independent or non-
Factors Member of a political party
partisan politician
● Lack of fund for election; ● Lack of fund for
At personal
● Didn’t run again by choice; election
level
● Lack of support due to young and old ages; ● Health situation
● No support from family, especially partners
● Opposition from
and spouses oppose;
family members;
At family level ● No financial support from family;
● No financial support
● Family migration;
from family;
● Health situation of family members;
● Lack of public support, mistrust;
● Voter’s choice for money;
● Lack of voter’s education;
● Attack and defamation by public;
● Too much dependency on politics puts one in
a risk of losing employment;
● Having conflict with the head of political
party, defamation, pressure; ● Voter’s choice for
● Too much workload; money, people
● Internal conflict of the political party; promoting injustice;
● Appoint someone who’s been affiliated with ● Lack of support
At rural level
the political party for a long time to a higher from voters,
position; defamation;
● Lack of support for youths; ● Too much workload;
● Political party members don’t support each
other, see each other as competitor and
try to damage each other’s reputation,
use marketing approaches such as putting
pressure on family members;
● Assign mainly male candidates in an electoral
district where opposition party is likely to
win;
● Lack of support from male members of the
political party;
● Political party management has a lack of
awareness and knowledge about gender
issues;
At system and
● Lack of financial support from the political
political party
party;
level
● Political party’s internal structure is unclear,
losing reputation (policy, activities, and
conflicts of factions inside the political party
prevail);
Consideration of quota of women in the political party’s internal

rules: In the laws that are effective on the elections of State Great Khural and
citizens’ representative khurals of aimag, the capital city, soum, and district,
gender equality is regulated with an Article that says not less than 20 percent

RIGHTS AND FREEDOMS
IN MONGOLIA
of candidates from political parties or coalitions shall be from either gender.

Article 28.2 of the Law on Election of State Great Khural, approved in 2005,
regulated “Not less than 30 percent of candidates from political parties and
coalitions shall be women” for the first time; however, this was decreased to
20 percent in 2011, taking a backward step.
A number of political parties have been established since 1990 in Mongolia.
Currently, 35 political parties62 are registered in the Supreme court of Mongolia,
and there is one female head of a political party63 as of 2021.
Table 2.11 Regulation of women’s quota in political parties’ rules64

Political party Regulation of gender quota
1.5.8. No less than 30 percent of all levels of elected organizations of
Mongolian
the political party shall consist of women. Polls shall be organized by
People’s Party
considering this quota.
6.4.1. The number of seats of the national policy committee members shall
Democratic Party be 410. Out of this, women shall be entitled to not less than 90 seats.
(21.9%/9
Article 4: Not less than 30 percent of the great khural members of the
HUN
political party shall be women.
Civil Will-Green 20.4. No less than 30 percent of national committee members shall be
Party women (reserved-seat quotas). This Article shall be adhered to as well in
selecting the Political council.
Mongolian
9.2.10. The principle of ensuring gender equality shall be adhered to in
National
nominating for election and hiring staff.
Democratic Party
Mongolian
9.2.9. The principle of ensuring gender equality shall be adhered to in
Democratic
nominating for election and hiring staff.
Movement Party
The Mongolian People’s Party has a reserved-seat quota of 30 percent, the

Democratic Party has a quota of 90 women in 410 members of the national
policy committee, and representation of either gender is not less than 25 at
all levels of the election. In conclusion, it is commendable that political parties
are using the quota method; however, it is inadequate that only four political
parties out of all registered in the Supreme Court of Mongolia have regulated
quotas in their party rules.65
62
Registration of Political Parties, the Supreme Court, <http://www.supremecourt.mn/nam> 28
August 2021.
63
Mongolian Women’s Party <http://www.supremecourt.mn/nam/10>
64
65
Equality” 2021.

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About 42.8 percent of participants in the study66 are from the western
region, 14.6 percent from the khangai region, 26.6 percent from the central
region, 12.8 percent from the eastern region, and 3.2 percent from the capital
city. Around 49 percent of the participants or 298 people were affiliated with
the Mongolian People’s Party, 239 people or 39.3 percent with the Democratic
Party, two people or 0.3 percent with the HUN, 37 people or 6 percent with
other political parties, and 32 people or 5.3 percent were non-partisan.
Table 2.12 Positions of women within political parties
Position within the political party MPP DP HUN Other

Member of party’s top management team 1.7 2.5 - -
Party’s small and great khural member/member of

an organization affiliated with the party (academy
16.8 5 - 16.2
and association of students, youths and elderly
people)
Member of the party management team in rural
28.8 28.9 8.1
areas
Ordinary member 52.7 63.6 100 75.7
In terms of the positions of participants within the political party, the

percentage of ordinary members was the highest or more than 52.7 percent for
all parties while the lowest was at the management level, fluctuating between
1.7~2.5 percent. It shows that women remain ordinary members of political
parties and are less likely to be managers or a member of the management
team.
Women are considered for the allocation of quotas based on several
requirements. Around 27.4 percent of the participants in the study or 261
people said they “have worked as a party member consistently and actively
for many years,” and 26.9 percent or 256 participants said they “have strong
support from relatives or acquaintances of strong influence within the party.”
About 4.8 participants selected options “held a managerial role in the party”
and “gave a large amount of donation to the party,” respectively. Graduating
in a foreign country seems to be a less impactful factor in running for an
election.
66
NHRC, MWF, Determination of gender quality level in the decision making level, 2022.

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Table 2.13 Requirements for allocating quota, by duplicate numbers
Requirement Count Percent
Have worked as a party member consistently and actively for

261 27.4
many years
Have strong support from relatives and acquaintances of
256 26.9
strong influence within the party
Number of years of affiliation with the party is not
86 9.0
important
Other 85 8.9
Held managerial position in civil service 77 8.1
Self-employed 75 7.9
Held managerial position in the party 46 4.8
Gives a large amount of donation to the party 46 4.8
Attained higher education abroad 21 2.2
Total 953 100.0
Around 79.3 percent of the participants in the study ran for the citizens’
representative khurals of soum and district while 16.4 percent ran for the
citizens’ representative khurals of aimag and capital city, showing that women
have more opportunities to compete in the citizens’ representative khurals of
soum and district.
Around 38.4 percent of female members of the Mongolian People’s Party
and 48.3 percent of the Democratic Party said their quotas are between 20-40
percent, and 29.8 percent of the participants selected “no quota set” for other
parties. There were two participants from the HUN party, much fewer than
other parties, and it was insufficient to estimate their status.
Table 2.14 Setting quotas by the party (n=617)

Consider Support Support Support
Total /by
Parties gender of over between up to No quota set Other
percent/
equality 40% 20-40% 20%
MPP 19.9 8.8 38.4 20.9 7.1 5.1 100
DP 15.5 13.0 48.3 12.6 7.6 2.9 100
HUN 100 - - - - - 100
Other 19.1 10.6 23.4 6.4 29.8 10.6 100
Support for women politicians: When asked about whom to select as

their manager, 50.9 percent of participants responded they would typically
choose men, 41.9 percent said they would definitely choose men while most of
them responded they trust men more than women, showing that women are
not trusted or wanted for managerial roles. In addition, one out of five people
doesn’t believe in women’s leadership, while one out of 10 doesn’t believe in

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men’s leadership. About 20 percent of the participants of the study have a lack
of trust for women for managerial roles and leadership as they believe in men
to have a vision, be determined, courageous, direct, and honest, and it was
observed that men are granted more rights to manage and govern.67
Men’s support for men at the decision-making level was 58.9 percent,
and women’s support for women was 28.5 percent, showing a 30 percent
difference that could have been affected by gender stereotypes. However, 48.3
percent of women said they would support regardless of gender; therefore,
it can’t be concluded that women support women less. Men who participated
in a qualitative study mentioned that lack of women’s support for women is
one of the reasons that the share of women at the decision-making level is
not increasing.68
About 80 percent of both gender participants in the study said they
believe women can work in public policy development and legislation levels
and according to women politicians, public support for them is high when
competing in citizens’ representative khurals of aimag, the capital city, soum,
and district level and Citizens’ Public Khural of bagh and khoroo (74.3-78.9
percent); and public support (53.8 percent) for women candidates for the
State Great Khural is relatively lower than the support for women competing
in elections of other levels.
Figure 2.7 Support for women in politics and working at

legislation level69
Attitudes towards women's Belief that women can work

participation in politics, at the state policy-making and
aggregated and by gender legislative level, by gender
Female Male Male Female All
Tend to support male

Don’t believe
Tend to support female

Do believe
Tend to support either
67
68
69

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In terms of the public attitude toward the years of women spent participating
in politics, 32 percent of the public support women who have been active in
politics for up to two years, and this support tends to be lower for women
with 3-6 years of experience in politics. However, women with more than
six years of active participation in politics tend to get more support from
the public. Ignorance from the public toward women tends to grow with
women’s increasing years of experience in politics, which could be due to
gender stereotypes.
Table 2.15 Public attitude of support for women (n=631)70
Up to two
3-6 years 6-10 years Over 11 years
years
Supportive attitude 32.3 15.3 28.7 38.7

Ignorant attitude 7.1 5.3 15.7 15.1
Opposing attitude, mistrust 4.7 5.9 13.9 3.6
Not sure 55.9 73.5 41.7 42.7
Around 24.6 percent of men and 54.2 percent of women support women
candidates and 60.4 percent of men and 37.1 percent of women said they
would support candidates of both genders, which suggests that there is support
for trustworthy candidates regardless of gender. It denies the perception that
men always support men and women support women.
Table 2.16 Attitude of trust and support for women, by gender

and percentage71
Will support
Will support both Will support men
women
Men 24.6 60.4 15
Women 54.2 37.1 8.7
Total 40.5 47.9 11.6
In a study about the perception of youths72, participants were asked about the
importance of participation of all adults of the country in the political decision-
making process and 78 percent responded youth participation is essential,
58 percent said the participation of people with disabilities is essential, 56
percent said women’s participation is significant, and 35 percent said women’s
70
71
72
IRIM, Youth opinion survey report, 2020.

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participation to some degree is important. This suggests the significance of the

participation of key workforce, including youths, target social groups such as
persons with disabilities and women in the political decision-making.
Challenges faced by women candidates and politicians: Male and
female politicians who participated in the study mentioned that the challenges
caused by the public’s perception and attitude about women politicians could
be due to the traditional attitude of the public, voters’ education, reproductive
roles, financial capacity, and family situations and attitude.
About 75 percent of the participants of the study said that fewer women
compete for elected offices due to their responsibilities around home and
taking care of their children, 68 percent said women have a lack of connections
to support them, and 59-64 percent responded women don’t get elected
although they compete, they lack the courage to get into politics, and are
fearful of discrimination, threats, reputational risks following their candidacy;
they have a lack of family support; cultural norms affect the support for
women’s participation in politics; women have a lack of resources to carry out
electoral campaigns and are fearful of violence upon competing in the election,
and they have a lack of political experience and support from the management
of the political party.73
About 67 percent of women who competed for citizens’ representative
khurals did not experience any challenges during their candidacy while 33
percent said they faced challenges from the public. Around 69.4 percent of
these women experienced challenges with defamation and verbal insults from
the public. They responded that they overcame those challenges with the help
of their knowledge and education, psychology, mental strength, honesty, hard-
working attitude, right words, actions, and activities, ethics, determination,
proper communication and attitude, lobby, through gaining experience and
encouraging oneself.
Table 2.17 Challenges faced by women politicians due to the perception
and attitude of the public, by political party membership (n=208)74
Political party Independent candidate or
Challenges
member (n=190) non-partisan (n=18)
Defamation, verbal insults 69.4 44.4
Suspected for receiving support from
26.3 33.3
someone or being affiliated with men
Distribute negative news about women
20.5 16.6
candidates on social media and defame
Provide the public with false information
15.3 5.5
about the family life
Ignore women, see them as weak,
(women are powerless, not suitable for 13.7 -
politics, stir up gossips, etc.,)
73
IRIM, Youth opinion survey report, 2020.
74

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On violated rights of women candidates: The number of cases about

election resolved at the Courts of First Instance of Administrative Cases was
120 in 2021, 184 in 2016, and 48 in 2020, as well as 17 cases related to the
breach of the Law on Election, were resolved at the Court of First Instance of
Criminal Cases.75
During this time, the police department received 2163 complaints and reports
related to elections of the State Great Khural and citizens’ representative khurals
of aimag, the capital city, soum, and district, and 528 of them or 24.4 percent
were related to spreading false and defamatory news about the candidates.
Table 2.18 Complaints and reports on the elections of the State Great
Khural and citizens’ representative khurals of aimag, the capital city,
soum and district76
Number of Number of crimes

Year complaints Content of the complaint recorded related
and reports to election
27 or 11.8 percent related to spreading false and

2012 227 8
defamatory news about the candidate
78 or 12.3 percent related to spreading false and

2016 630 5
defamatory news about the candidate
423 or 32.3 percent pertaining to spreading false

2020 1306 -
and defamatory news about the candidate
The General Election Commission received 112 complaints and reports in

2021, 62 in 2016, and 102 in 2020. Out of them, in 2020, one complaint was
about detention without the permission of the General Election Commission.
Three were about a refusal to register as a candidate as the independent
candidate violated the provision in the form approved by the General Election
Committee, which was about collecting not less than 801 signatures from
voters in the electoral district. The majority of the complaints and applications
were about requesting clarification, on the types of electoral campaigns, and
requests for withdrawal of candidacy.77
A total of 69 complaints were recorded about candidates for the 2000
State Great Khural, and regular elections in rural areas, and 58 of them were
discarded, eight were transferred to the court, and three were refused to open
a case and were closed.78
75
Official Letter No.01/961 of the Judicial General Council, dated 1 November 2021.
76
Official letter No.13-4/3630 of the Department for Maintaining Public Order and Ensuring
Public Safety of the National Police Agency, dated 15 November 2021.
77
Survey, provided by the General Election Commission, 2020.
78
Data provided via e-mail by the State General Prosecutor’s Office on 25 March 2022.

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The National Human Rights Commission received five complaints and reports
in 2020 and 2021 about the right to elect and the right to be elected, and out
of them, one complaint about the right to elect and four complaints about the
right to be elected were transferred to the prosecutor.79
Majority of the participants in the study or 326 respondents, said that the
right to freedom of expression of women politicians or woman candidates was
violated the most, while 310 respondents said they were defamed.80
Table 2.19 Most violated rights of women politicians (n=1407)

Most violated rights of women Rank Percent
Freedom of expression 1 23.2
Experienced defamation 2 22.0
Right to participate in state affairs 3 21.70
Right to elect and right be elected 4 13.90
No family shall be subjected to arbitrary interference 5 7.70
Right to personal liberty and safety 6 7.0
Other 7 4.1
Privacy of homes 8 0.6
To the question about whether the rights of women candidates were

violated, 64.1 percent of the participants said they never experienced violation,
14.6 percent said women politicians they know had experienced it, 13.6 percent
said they encountered violation, and 7.6 percent said it occurred to both.
Overall, 35.8 percent experienced violations of women politicians.
Table 2.20 Whether witnessed violation of rights of women politicians

and women politician acquaintances (n=630), by percentage
Up to 2 6-10
Occurrence 3-6 years Over 11
years years
Yes, happened to me 11.6 17.4 16.3 54.7
Yes, but to a women politician I know 15.2 18.5 17.4 48.9

Yes, happened to both 14.6 18.8 14.6 52.1
No, it never happened. 23.8 31.9 17.6 26.7
79
Report on the Operations of NHRC, 2020.
80

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According to a study about the location of violation of rights of women

politicians, 183 participants or 75.9 percent said other places, 130 participants
or 28.5 percent said on social media, and 8.7 percent said it happens in the
election campaign office. The most prevalent violations that take place on social
media include defamation, verbal insult, threat, attack, other inappropriate
activities, tracking activities, and disrespect for private life.
Threats, attacks, and other inappropriate activities toward family and
disrespect and attacks on privacy make up 10 percent of the violations, and the
most common violation (44.4 percent) at the electoral campaign office was
sexual harassment. Violation related to threats, attacks, and disrespect at the
election campaign office fluctuates between 12.0~16.7 percent.
Table 2.21 Violations of rights and location of their occurrence (n=456)
Election headquarter
Family environment
Election campaign
Political party
Social media
In the street
building
office
Other
Violated rights
Defamation and verbal

4.4 51.6 1.6 4.9 2.7 12.1 22.5
insult
Threat, attack, other
10.4 50.0 - 2.10% 2.1 12.5 22.9
inappropriate activities
Exposure to sexual
- 33.3 - 44.4 - - 22.3
harassment
Legal pressure,
detention without
- 30.8 - 15.4 7.7 - 46.2
permission, put into
custody
Instruct and track
1.3 48.1 1.3 12.7 7.6 13.9 15.2
actions
Steal property, break

- 28.6 - - - - 71.4
and damage property
Disrespect and attack

6.4 53.8 - 5.1 - 16.7 17.9
for privacy
Other 4.7 11.6 - - 7.0 7.0 69.8
Never occurred 1.70 12.4 0.4 0.8 2.1 6.6 75.9
The participants confirmed that the majority of violations of their rights

and rights of their women politician acquaintances or 63.2 percent happened
during the electoral campaign, 17.2 percent during the process of political

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party setting quota and nomination procedure, 8.8 percent during the final
polling result, 5.8 percent during the voting process, and 4.9 percent during
the registration of the candidates and validation of their right.
According to the violations above, the majority or 66.7 of sexual harassment
occurs during the quota setting and nomination procedures of the political
party, 22.2 percent during the electoral campaign, and 11.1 percent during
the time of final polling result, which shows that women politicians regularly
experience sexual harassment during their candidacy and face a severe violation
of their rights.
Table 2.22 Violation of rights of women politicians by the election

stage(n=547)
Quota
setting and Registration of
Electoral
nomination the candidate Final polling
campaign Polling stage
procedure of and validation result
stage
the political of their rights,
party
Defamation and
17.8 7.8 61.7 6.5 6.1
verbal insult
Threat, attack,
other inappropriate 16.7 13.0 51.9 5.6 13.0
activities
Experienced sexual
66.7 - 22.2 - 11.1
harassment
Legal pressure,
detention without
5.9 11.8 64.7 - 17.6
permission, put into
custody
Instruct and track
20.4 13.6 48.5 5.8 11.7
actions
Steal property,
break and damage 12.5 - 62.5 - 25.0
property
Disrespect and
17.1 5.7 57.10% 8.6 11.4
attack for privacy
Other 24.5 6.1 46.9 12.2 10.2
Never occurred 18.8 2.9 63.9 4.0 10.5
94 27 346 32 48
About 20.5 percent of the violations were committed by male voters,

20.5 percent by another candidates, and 39.4 percent by others. Violations
committed by the family were the lowest, or 0.7 percent.

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According to the study findings, those who committed violations the most
include political party managements, of whom 55.6 percent commit sexual
harassment, and fellow candidates, of whom 50 percent steal, break and
damage properties.
Table 2.23 Violators

%
Management
No. Fellow
Violation Male voters of the Other
candidates
political party
1 Defamation and verbal insult 27.7 25.1 - -
Threat, attack, other inappropriate
2 33.3 - - -
activities
3 Experienced sexual harassment - - 55.6 -
Legal pressure, detention without
4 29.4 - - -
permission, put into custody
5 Instruct and track actions - 26.5 - -
Steal property, break and damage
6 - 50.0 - -
property
7 Disrespect and attack for privacy 27.4 23.6 - -
8 Other violations - - - 52.9
About 62. 2 percent of the study participants have not filed a complaint,
14.6 percent reached out to the management of the political party, and 10.2
percent reported to the police department. Regarding the complaint resolution,
three of the 56 women who reported to the police department had their
cases resolved, and the rest of the cases have not been resolved entirely.
According to the participants, the reasons for such a low rate and withdrawal
of cases are high costs related to following a case and the bureaucracy of
public organizations.
Table 2.24 Where women politicians filed complaints and how they
were resolved81
%
Filed a complaint Other /
No Violation Have not filed a
to police management of
complaint
department political party/
1 Defamation and verbal insult 18.7 59.4 -

Threat, attack, other
2 16.7 53.7 16.7
inappropriate activities
81

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Experienced sexual
3 11.1 77.8 11.1
harassment
Legal pressure, detention
4 without permission, put into - 53.3 20
custody
5 Instruct and track actions - 56.1 18.4
Steal property, break and

6 25.0 75.0 -
damage property
Disrespect and attack for
7 16.3 62.0 -
privacy
8 Other violations - 49.0 -
About 53.8 percent of the violation of rights of women candidates happened

to them, 4.8 percent to coworkers, 8.7 percent to spouses and partners, 7.6
percent to their children, 5.8 percent to friends, 4.8 percent to relatives, and
4.6 percent to parents and siblings. As a result, 43.6 percent of them said they
experienced increased stress, 16 percent said they lost trust, 15.3 percent felt
other ways, 10.8 percent said family members had arguments and conflicts,
9.2 percent experienced a reduction of social interaction, 4.4 percent ended
their political careers, and 0.7 percent had a divorce.
Participants said that factors that are largely affecting the violation of
rights of women candidates are voters’ education on politics and lack of
family’s financial capability and other relevant factors, including young age,
noticeable look and appearance, gender stereotypes among voters, lack of
public’s awareness on human rights, and lack of legal environment to protect
human rights. Factors that have no influence are belief in religions other than
Buddhism, lack of education abroad, flamboyance, divorce or a widow, single,
and lack of education of family members.
Table 2.25 Factors affecting violation of women’s rights, by percentage

No effect
Generally
Affects
Seldom
related
largely
Factors
Young age 16.7 33.8 18.2 31.3

Belief in a religion other than Buddhism 4.9 18.4 21.5 55.2
Haven’t obtained education from universities abroad 8.5 23.9 29.3 38.3
Noticeable look and appearance 10.9 34.5 23.9 30.7
Flamboyant 5.5 28.3 27.4 38.8
Divorced or widow, single 16.4 25.6 24.5 33.5
Lack of education of family members 10.2 28.6 22.1 39.1

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Lack of family’s financial capability 27.8 26.4 21.9 23.9

Voters having gender stereotypes 22.1 32.1 23.9 21.9
Lack of voters’ education on politics 35.4 33.6 15.6 15.4
Lack of public’s knowledge about human rights 32.5 36.4 15 16.1
Lack of legal environment to protect human rights 31.4 36.5 16.1 16
Below are the study findings on the knowledge and awareness of women
politicians who competed in elections on human rights and the Law on the
Promotion of Gender Equality.
Figure 2.8 Knowledge and awareness of women who participated in

the study on human rights, violations, and gender (n=631)
Don’t know at all
A little bit
Generally know
Very good
Knowledge on human rights and its violation

Knowledge about Law of Promotion of Gender Equality
According to the findings of the study, about 38.1 percent of all women
candidates or one of every three women have zero to little knowledge about
human rights and violations of human rights, while 46.7 percent or two of every
three women have zero to little knowledge about the Law on the Promotion
of Gender Equality. When knowledge about human rights, violation of rights,
and gender equality are compared on the basis of age group, the younger the
candidate, the more knowledge they have. In terms of the region, the share
of women who participated from the capital city who responded they have
excellent knowledge and understanding is 10 points higher than the average
of other regions.
This shows that women have a lack of knowledge and awareness of human
rights, violation of rights, and gender, and it is necessary to take measures to
raise awareness and improve the knowledge of women competing in elections
in rural areas. Knowing about these is crucial in protecting one’s own and
others’ rights, ensuring gender equality, and eliminating gender stereotypes
which are root causes of social issues, as well as gender discrimination solidified
in politics, legislation, economy, society, culture, and family relations.

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CONCLUSION
About 63 percent of the participants of the study agree that women’s
participation in the public decision-making process is vital to building a
democratic system in the country. However, women’s participation is inadequate
at all decision-making levels.
According to statistics and findings of studies, factors affecting the low
representation of women in politics and fewer women candidates are first,
lack of financial resources to spend on electoral campaigns, second, political
structure dominated by men, and institutional factors such as policy and
organization of the political party, third, promotion of women and men to
public offices and appointment to a managerial role are related to the political
situation or traditional structure and culture, fourth, lack of support from the
public and defamation and attacks from the public.
The Law on Political Parties has no specific article on how to ensure
equal participation of gender in the political party’s great khural and central
representation organization. It is commendable that political parties are using
the method of quota, however, it is inadequate that only four parties registered
at the Supreme Court have regulated quotas in their rules. Although influential
political parties have been setting quotas and putting effort towards increasing
women’s participation in politics through certain requirements, women new to
politics have limited opportunities.
One out of three women who are active in politics has spent more than 11
years in politics; however, their position in the political party hasn’t advanced
due to a lack of support from the management of the party, particularly
male members. Women have less opportunity to compete in the citizens’
representative khurals of aimag and the capital city and higher opportunity
for soum and district level citizens’ representative khurals. About 13.7 percent
of women elected citizens’ representative khurals are running again, which is
much lower than men.
About 66.7 percent of women politicians or women candidates for election
face sexual harassment during the quota setting and nomination procedure of
the political party, 22.2 percent during the electoral campaign, and 11.1 percent
during the final polling result, a severe violation of their rights. In addition,
about 55.6 percent of the party management commits sexual harassment. This
is one of the main reasons for women’s lack of opportunity to run for election,
representation of women in politics, and women’s low participation at the
decision-making level, as well as a severe violation of human rights.
Two out of every five women candidates for citizens’ representative
khurals said they don’t know where and whom to reach out to and how to
overcome cases of violation of their rights. Only two out of 208 participants
who experienced violation from the public had their cases resolved in court. It
is necessary to educate women and build the capacity of women candidates

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on human rights, related laws and regulations, and having their cases resolved
in case of violation of rights.
256 participants of the study 26.9 percent responded that having “strong
support from someone influential in the party and relatives” is important for
their candidacy and to get elected, and 22 participants of 2.2 percent said
“obtaining education from universities abroad” is not important. It illustrates
that education level has no impact on women’s candidacy for election and to
get elected while support within the party and network are the most important
factors.
The majority of the women actively working in politics said that “voters
have a lack of knowledge about gender” and “voters’ education is inadequate.”
It is necessary to pay attention to voters’ education and traditional attitudes of
people caused by the public’s perception regarding women politicians.
A public perception survey finding shows that men have more stereotypes
than women. They see and expect managerial roles as “male,” and their trust
for women decreases as the position of women advances.
However, there is a sign of positive attitude as participants of a study
about youth’s perception expressed that it is significant that all adults of the
country participate in political decision-making, including youths as the main
workforce, people with disabilities, or social target group, and women. In other
words, youths consider the diversity of social participation as significant.
PROPOSALS
1. Increase the reserved-seat quota of women in politics and at the decision-
making level and regulate it in political party rules and regulations, reflect
the regulation in the Law on the Promotion of Gender Equality about
prevention of gender discrimination and gender-based violence, and create
an accountability mechanism in case of breach;
2. Implement beginner, intermediate, and advanced programs for capacity
building of women candidates;
3. Create a permanent training system to prepare young women leaders and
implement mentorship programs;
4. Regularly organize training and advocacy on gender stereotypes of the
public and ensuring gender equality, take comprehensive measures to
improve voters’ education;
5. Pay attention to improving the gender knowledge of journalists and people
working in the media sector.

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2.3. SITUATION OF WORKPLACE SEXUAL HARASSMENT AMONG

PUBLIC ADMINISTRATION OFFICERS
In collaboration with the Social Policy and Development Research Center,
the National Human Rights Commission carried out a study “Knowledge and
attitude of public administration officers on workplace sexual harassment” in
2021 involving 3,000 female officials from both the state central administration
body and the local authority and the “Study on prevalence of sexual harassment
in the workplace” in 2022. This section of the Report is developed on the basis
of comparative analysis, conclusion, and recommendations from these two
studies.
The 2021 study involved 161 public administration officers from ministries,
523 from departments and agencies, 290 from aimag and the capital city
departments, agencies, and Governor’s Offices of aimag and capital city,
1061 from 238 from soums and 9 district Governor’s Offices. In the 2022
study, 140 were from ministries, 805 from departments and agencies, 711
from aimag and the capital city departments and agencies, 256 from aimag
and district Governor’s Offices, and 1088 from 255 soums and nine district
Governor’s Offices. The average age of the officials in the public administration,
participating in the studies, was 37.
Pressing issues remain, such as public administration officers toleration
sexual harassment for many reasons, and it continues to happen and stay
hidden; on the other hand, in terms of ensuring enforcement of the law at
all levels of government organizations, it is necessary to include regulations
focused on prohibiting and eliminating sexual harassment in the internal labor
regulations; ensure the realization, educate all staff and officials, build capacity
around the issue, file complaint immediately and have the case resolved in case
of exposure to sexual harassment, and resolving the case without any effect
on one’s reputation, honor, and job.
Treaties and conventions to which Mongolia is a party, the Law on the
Promotion of Gender Equality, Labor Code, Law on Civil Service, and Code of
Ethics of staff of public administration and service unit regulate the creation
of an environment free of gender discrimination and sexual harassment,
prevention from them, and resolutions for complaints.
Although the legal framework is established for preventing workplace sexual
harassment and creating working conditions free from sexual harassment,
there is still a number of cases and complaints concerning sexual harassment
in the workplace. Issues related to sexual harassment in the workplace continue
to stay hidden; thus, basic human rights and freedoms have been violated.
Moreover, it is common that government organizations don’t regulate workplace
sexual harassment in their internal rules and regulations, and employers are
not fulfilling their legal obligations of conducting training on the prevention

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of sexual harassment in the workplace.82 About 70 percent of the officers

agreed that workplace sexual harassment exists and 90 percent of those who
experienced sexual harassment were women, and 70 percent of the harassers
were men.83
According to the Law on the Promotion of Gender Equality, employers
should be aware of their obligations to include in their internal procedures the
provisions to prevent and maintain zero tolerance of sexual harassment, take
measures and resolve any occurrence of sexual harassment in the workplace;
to conduct training for employees and staff of all levels on what sexual
harassment is, in what forms it manifests, whom to reach out, how to get it
resolved, and how to maintain and keep confidentiality. The law also states
that this type of activity from a manager or colleague to an employee or
customer should not be tolerated, and in case of exposure to such act or
knowing other colleagues and staff experienced any act of sexual harassment
in the workplace, the victim has a right to file a complaint; however, it must
be noted that the number of complaint filing is low.84
Of public administration officers, who participated in the study of 2021,
51.8-83.2 percent said that they identified sexual harassment acts, and 53.3-
83.9 percent of participants in the study of 2022 identified sexual harassment
acts, showing an improvement of 0.7-1.5 percent.
Table 2.26 Identification or rejection of sexual harassment acts,

by percent (n=3000)
2021 2022 2021 2022
Acts involving sexual harassment
No No Yes Yes
Forcing to have sexual intercourse 14.4 14.1 83.2 83.1
Rape 14.6 14.2 83.1 84.1
Attempt to touch, kiss, flirt 14.4 14 83 83.6
Forcing, pressuring, threatening to perform sex, following 14.3 15.8 82.9 81.5
Send a text message with interest for sex 15.2 15.4 80.3 80.8
Showing images and movement with interest for sex 16.2 16.4 78.1 78.3
Displaying sexual objects, pictures, videos 17.1 16.6 77.2 77.9
Touching body, getting too close, sticking 18.3 17.8 76 76.3
Inviting for a date, inviting to home, car, and office, giving
21 20.8 70.7 71.3
presents, caring multiple times against one’s will
Staring for too long, making feel uncomfortable 23.5 22.4 63 65.3
Talking about someone’s clothing, body shape, sex, defect,
28.8 28.1 58.5 58.4
or capacity
Asking questions, telling jokes, and making sounds with
32.3 31.8 51.8 53.3
sexual content
82
NHRC, the 18th Status Report on Human Rights and Freedoms in Mongolia, 2019.
83
Online survey conducted by Mongolian Women’s Fund, 2017.
84
Report of the National Committee on Gender Equality, 2020.

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Calling someone using insulting words of a sexual nature, talking about

an unwanted topic or topics related to sex, touching the body, staring too
long, telling sex jokes following and tracking, sending messages, and sexually
assaulting and attempt of rape are examples of sexual harassment. One out of
every three public administration officers who participated in the 2021 study
responded that asking questions about sexual content, telling sexual jokes, and
making sexual sounds are not sexual harassment; one out of four participants
said talking about someone’s clothing, body shape, and sex is not harassment;
one out of five participants said that inviting to date, home, car, and office
multiple times against one’s will, giving presents, and caring are not harassment;
and one out of five said inappropriately long staring is not a sexual harassment.
According to 2022 study, the rate of viewing actions of sexual harassment
as non-harassment had decreased a little or by 0.2-1.1 percent, however, it
shows that there is a need for explaining some acts and manifesting forms of
sexual harassment, and providing to female public administration officers the
preventive knowledge such as protection of the privacy.
When the 2021 and 2022 study findings are compared in terms of age
group, public administration officers over the age of 50 did not recognize as
workplace sexual harassment the acts of asking questions with sexual content,
telling sexual jokes, and making sexual sounds like sexual harassment in the
workplace (32.9 percent:35 percent), talking about someone’s clothing, body
shape, and sex (32.9 percent:28.2 percent), sending a text message with interest
for sex (18.2 percent:13.2 percent), touching body, getting close, sticking (29.3
percent:16.7 percent), and inappropriately prolonged staring (27.4 percent:26.7
percent). It shows that knowledge and attitude to recognize some sexual
harassment acts had relatively improved as compared to the previous year,
but elder public administration officers remain to have inadequate knowledge
about sexual harassment and identifying it.
According to the 2021 and 2022 study findings, public administration officers
under the age of 30 did not recognize as sexual harassment the acts of talking
about someone’s clothes, body shape, sex, defect, or capacity (28.8 percent
in 2021, 26 percent in 2022), showing images and movement with interest for
sex (19.5 percent in 2021, 17 percent in 2022), and displaying sexual objects,
pictures, videos (20.7 percent in 2021 and 17.1 percent in 2022). According
to this data, the knowledge of youths on recognizing sexual harassment had
improved a little as compared to the last year; however, it is necessary to
explain to them and make them aware that acts such as serious violations of
human rights and the right to employment, and gender-based discrimination
are forms of violence.
About 2.6-15.9 percent of the public administration officers who participated
in the study of 2021 and 1.7-14.9 percent of the public administration officers
who participated in the study of 2022 said they didn’t know the forms of
sexual harassment, showing 0.1-1.2 percent decrease. Moreover, the rate of
inability to identify as sexual harassment the acts of touching the body, getting
or sticking to closer increased by 0.2 percent.

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Findings of the study of 2021 reveal that the majority of the public
administration officers of soums and districts were unaware of forms of sexual
harassment, 21.1 percent of the public administration officers of ministries
couldn’t recognize the acts of asking questions, telling jokes, and making
sounds with sexual content, 19.3 percent could not identify the acts of talking
about someone’s clothing, body shape, sex, defect or capacity, and 7.5 percent
could not identify the acts of touching the body, getting too close, and sticking
as sexual harassment. The study of 2022 shows that the rate of unawareness
of department and agency officials on forms of sexual harassment increased
by 0.3-1.9 percent, which suggests the need for taking measures to educate
officials of these organizations and raise awareness.
It is crucial to pay attention to increasing awareness and knowledge of
state administration officers at all levels in order to create a culture where
participants in the study could identify sexual harassment in the workplace,
prevent and protect from it, and have zero-tolerance against it.
In 2021, 85.2 percent of public administration officers had poor knowledge
of laws and regulations concerning sexual harassment. This dropped down to
84.1 percent in 2022, showing a 1.1 percent increase in knowledge about laws
and regulations on sexual harassment. In addition, 72.4 percent said in 2021
that they didn’t know where and whom to reach out to in case of occurrence
of sexual harassment, and this rate dropped to 71.3 percent, showing a 1.1
decrease, which indicates that more public administration officers know where
and whom to reach out to in case of sexual harassment. However, there
remains a need to conduct capacity-building training systematically as public
administration officers don’t know well about laws and regulations on sexual
harassment and where and whom to reach out to in case of sexual harassment.
According to the study of 2021, public administration officers aged
between 45-55 years had more knowledge about laws and regulations on
sexual harassment (21.9-23.3 percent), and those aged 25-40 had the lowest
understanding (18.5-20.5 percent). In the study of 2022, public administration
officers aged 45-55 years remain to have more knowledge about laws and
regulations on sexual harassment (21.9-22.7 percent); however, those of aged
20-40 have little knowledge (11.6-13.6 percent), which indicates the need for
paying more attention to educating youths on laws and regulations on sexual
harassment in the workplace.
In the study of 2021, 87.6 percent of unmarried public administration
officers and 84.5 percent of married officials had inadequate knowledge about
laws and regulations on sexual harassment. However, according to the study
in 2022, 86.1 percent of unmarried public administration officers, which is 1.5
percent lower than the previous year, and 84.1 percent of the married officials,
0.4 percent lower than the previous year, had inadequate knowledge.

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Figure 2.9 Knowledge about sexual harassment in the workplace
Knowledge of laws governing sexual harassment Knowledge of where and to whom to file a
complaint in the event of sexual harassment
Don't know at all A little bit Know very well
As stated in Article 43.2.3 of the Labor Code, the employer is obliged

to establish a labor contract with the employee and provide the employee
with a workplace that meets requirements and standards and is free from
discrimination, pressure, violence, and sexual harassment stated in the Labor
Code Safety and Hygiene. According to Article 11.3 of the Law on the Promotion
of Gender Equality, the employer is obliged to prevent gender discrimination in
employment policies and labor relations and to ensure gender equality in the
workplace.
In addition, the employer is obliged to design and conduct a program on
training and retraining geared toward creating a working environment free
from sexual harassment and report on its impact in a transparent manner,
as stated in Article 11.4 of the Law on the Promotion of Gender Equality.
Regulations are effective regarding the rights to file a complaint or report on
behalf of oneself or others, provide a statement and testimony and facts, hold
perpetrators accountable, and take actions for paying for charges as per Article
6.26 of the Law on Infringement “Sexual harassment,” Article 7 of Labor Code
“Prohibition of discrimination, limitations, and advantage in labor relations,”
and Article 39.1.4 of Law on Civil Service “misuse power of public positions,
blackmail others for personal interests and sexual harassment; discriminate and
exploit.”
According to the 2021 and 2022 studies, about 30 percent of public
administration officers said they know well where and whom to reach out
to, while 70 percent responded they know somewhat or not at all, which
could be due to employers’ failure in fulfilling their obligations specified in
the and Law on the Promotion of Gender Equality and lack of their measures
to improve the knowledge of public administration officers of all levels about
sexual harassment in the workplace.

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As stated in Article 7.4 of the Labor Code, the employer has to include in
the internal labor regulations the provisions on prevention and elimination of
harassment, violence, and sexual harassment in occupation and labor relations
and on the procedures to address complaints and to create an environment free
of harassment, violence and sexual harassment. Article 11.4.1 of Law on the
Promotion of Gender Equality regulates the organization’s internal procedures
and specific norms for preventing sexual harassment in the workplace and
redressing such complaints. About 14.6 percent of the participants of the 2021
study and 16.3 percent of the 2022 study responded that their organizations
have regulations against sexual harassment, showing a 1.7 percent increase
from the previous year. Also, 19.5 percent of the 2021 study participants and
15.4 percent of the 2022 study said their organizations have no regulations
against sexual harassment, showing a 4.1 percent drop. In addition, 65.8
percent of the 2021 study participants and 68.3 percent of the 2022 study said
they don’t know or know little about such regulations, which suggests that it is
necessary to pay attention to incorporating in the internal labor regulations of
public administration bodies the provisions about prevention of and protection
from sexual harassment and procedure to address complaints.
Table 2.27 Knowledge of regulations on sexual harassment within the

organizations where public administration officers work
Awareness 2021 2022 2021 2022 2021 2022 2021 2022 2021 2022
of public
organization Governor’s Governor’s
Department and
/by Department Office of Office of
Ministry agency of aimag
percentage/ and agency aimag and soum and
and capital city
capital city district
Not aware
26.1 33.6 37.5 23 23.9 20.8 29.3 26.2 25 25.6
at all
A little aware 45.3 37.1 29 42.4 40.8 47.5 41.4 44.5 39.2 44
Know very
14.9 22.9 8.4 17.8 18 17.4 12.1 14.5 15.2 14.1
well
No regulations
13.7 6.4 24.9 16.9 17.2 14.2 17.2 14.8 20.6 16.4
exist
As stated in 7.2 of Article 7.2 of the Labor Code, an employer has a duty
to include in the internal labor regulations the provisions on the prevention and
elimination of harassment, violence and sexual harassment in occupation and
labor relations, and on the procedures to address complaints, and to create an
environment free of harassment, violence and sexual harassment. As stated in
paragraph 1.10 of the Government Resolution No.258 “On Tightening discipline
and order in the civil service”, approved on August 22, 2018, measures must
be taken to eliminate all forms of unlawful pressure and discrimination in
the workplace and organizations must incorporate in their internal regulations

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the provisions on holding harasser accountable in case of such harassment

occurs and create an environment with a positive atmosphere and free from
psychological pressure. In the 2021 study, 26.1 percent of public administration
officers of ministries, 37.5 percent of departments and agencies, 23.9 percent
of departments and agencies of the aimags and the capital city, 29.3 percent
of Governor’s Offices of the aimags and the capital city, and 25 percent
of Governor’s Offices of the soums and districts said they didn’t know any
organizational level regulations against sexual harassment in the workplace.
However, in the 2022 study, the lack of knowledge about organizations’
regulations against sexual harassment in the workplace increased by 7.5 percent
to 33.6 percent among public administration officers of ministries and by 0.6
percent to 25.6 percent among Governor’s Offices of the soums and districts,
while it decreased by 3.1-17.5 percent among officials of other organizations.
Attitude towards workplace sexual harassment: About 77.6 percent of

the public administration officers in the 2021 study and 77.7 percent of the
participants in 2022 said workplace sexual harassment is a severe issue, while
20.5 percent (in 2021) and 20.9 percent (in 2022) said they were not sure
and confused about whether sexual harassment is a severe issue; and 1.9 (in
2021) and 1.4 percent (in 2022) said it was not a serious issue, which shows
0.5 percent decrease in the number of civil servants who considered workplace
sexual harassment as not a severe issue. Sexual harassment is “an unwelcome
sexual advance made in verbal, physical and/or other forms, intimidation, threat
and/or other forms of coercion that makes sexual intercourse an unavoidable
option for the victim or that creates an unbearable hostile environment and/or
causes damage in terms of the persons’ employment, professional, economic,
psychological and/or any other form of well-being.”85 In terms of the attitude
of public administration officers toward workplace sexual harassment, about
30 percent of public administration officers who participated in the 2021 and
2022 studies expressed they don’t agree with any forms of sexual harassment.
In the 2021 study, 66 percent agreed that the lack of protection mechanism
against workplace sexual harassment causes the sexual harassment to occur,
63 percent agreed that overusing power and being aggressive as men cause
sexual harassment, and 58 percent said perceiving women as a sexual object is
a reason of sexual harassment, and these rates have fallen by 4.5-4.8 percent
in the 2022 study. One of the wrong perceptions rooted in the civil service
culture is the attitude that recognizes workplace sexual harassment as petty. In
other words, attitude attempting to support workplace sexual harassment and
violence exists even today.86
85
Subparagraph 4.1.7 of Article 4 of the Law on the Promotion of Gender Equality.
86
Report of the Ministry of Justice and Internal Affairs, 2019.

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Table 2.28 Attitude of public administration officers toward workplace

sexual harassment, by percentage (n=3000)
Disagree Agree
Attitude toward workplace sexual harassment by percent
2021 2022 2021 2022
Colleagues telling sexual jokes and asking questions with
29.3 30.2 - -
sexual content while having fun is normal
Women’s revealing style of dress is a factor in sexual
25.6 29 - -
harassment
Women’s behavior is a factor in sexual offenses 32.1 36.1 - -
Inviting women to date multiple times and caring for them
38 40.1 - -
against their will is love and it is normal
Sexual intercourse is not forced, and hugging and kissing is
35 48.4 - -
normal
Expressing interest to be close, sending a text message with
49 49.3 - -
an interest of sex and calling are OK
Attitude of perceiving women as sex objects result in sexual
- - 58.5 53.7
harassment
Overusing one’s power and being aggressive as me cause
- - 63.3 58.8
sexual harassment
Main reason for sexual harassment is the lack of a
- - 66 61.3
mechanism for protection of victim
However, 25.6 percent of the 2021 study participants and 29 percent of

the 2022 study said they wouldn’t agree with “women experience sexual
harassment because of their revealing clothing,” showing 3.4 percent increase
and 32 percent of 2021 study participants and 36.1 percent of the 2022
study didn’t agree with “women’s behavior results in them in being sexually
harassed,” which shows a declining trend for blaming women for workplace
sexual harassment.
About 70 percent of the 2021 study participants said colleagues “telling
sexual jokes and asking questions with sexual content” while having fun is
normal, and this rate decreased by 7 percent to 64 percent in the 2022 study;
51 percent in the 2021 study said “expressing interest to be close via forms of
calling, message, and a letter is acceptable” and it decreased by 18 percent to
33 percent in 2022; 62 percent in 2021 agreed that “inviting a woman to date
multiple times and caring for them against their will is love” and it decreased by
28.5 percent to 33.5 percent in 2022, which suggests that the majority of the
participants in the 2021 study “tend to accept” workplace sexual harassment;
however, a downward trend of such attitude was observed in the 2022 study.
In addition, as per the organization, of public administration officers of the
2021 study who responded they wouldn’t accept any forms of workplace sexual
harassment, 22.1 percent (on average) were from ministries, 25 percent from
departments and agencies, 20.3 percent from departments and agencies of the

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aimags and the capital city, 24.3 percent from Governor’s Office of the aimags
and the capital city, and 21.9 percent from the soums and districts Governor’s
Office. However, in the 2022 study, these percentages increased by 1.9-3.6
percent, which shows that attitudes of public administration officers towards
not accepting the forms of workplace sexual harassment have increased.
The attitude of not accepting sexual harassment or doubting whether
workplace sexual harassment is a sexual offense prevails among public
administration officers. For example, to the question of whether a woman’s
behavior leads to sexual harassment, 14.1 percent (in 2021) and 11.1 percent
(in 2022) of those who have a diploma or special secondary education, 8.6
percent (in 2021 and 2022) of those who have bachelor’s degree, and 5.4
percent of (in 2021) and 7.7 percent (in 2022) of those who have master’s or
doctoral education responded: “don’t know.”
In the 2021 study, to the question of what they’ll feel if they get exposed
to sexual harassment in the workplace, 20 percent said they can’t continue
work and do their jobs, 18 percent said they would have emotional pressure
and shock, and 15.3 percent said they wouldn’t want to go to their work,
which is higher as compared to other responses. However, in the 2022 study,
the specific weight of feelings in the event of exposure to workplace sexual
harassment increased by 13.8-35.2 percent compared to the previous year,
which shows that more public administration officers understand the damages
of sexual harassment to individuals.
In the 2021 study, 51.6 percent said they would experience emotions
of distress such as fear, anxiety, embarrassment, anger and frustration,
breakdown, and shock, while public administration officers who participated
in the 2022 study expressed three times as many feelings. According to the
findings of studies conducted by the National Human Rights Commission
and others, it was common among the victims of sexual harassment to feel
emotional distress, experience lower productivity, and thus, quit their jobs.

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Figure 2.10 Emotions to feel in case of exposure to workplace sexual

harassment by percentage (n=3000)
Normal, something that exists
Used to this situation
Embarresse and worried
Get angry
Think about quitting
Fear and anxiety
Don't like to going to work
Upset and shocked
Can't work peacefully
2022 2021
According to the findings of 2021 and 2022 studies, 0.6 percent (n=18)
said sexual harassment in the workplace is normal, and 0.7 percent (n=21) said
they are used to this.
Measures being taken against workplace sexual harassment:

According to the finding of the 2021 study, 14.7 percent of public
administration officers said their organizations, 8.8 percent said gender sub-
committees in charge of implementing local sub-programs on gender87, and
6.9 percent said sub-councils of Civil Service Council work well with regard to
taking measures against sexual harassment. Whereas in the 2022 study, 17.4
percent of public administration officers said their organizations, 9.7 percent
said gender sub-committees in charge of implementing local sub-programs
on gender, 8.8 percent said sub-councils of Civil Service Council work well in
taking measures against sexual harassment, showing an increase of 0.9-2.7
percent. The rate of 10.1 percent in 2021 and 12 percent in 2022 is equivalent
to one out of every 10-12 women who participated in the study.
As of 2021, knowledge about the measures taken by the organization of
public administration officers, gender sub-committees, and sub-councils of
Civil Service Council against workplace sexual harassment was insufficient, with
67.2 percent (average of the responses don’t know about measures taken by
87
Бүх аймаг орон нутгийн жендэрийн дэд хөтөлбөр батлагдаж, жендэрийн салбар хороо
байгуулагдан хөтөлбөрийн хэрэгжилтийг ханган ажиллаж байна.

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the organization of public administration officers, gender sub-committees, and

sub-councils of the Civil Service Council against workplace sexual harassment
and no actions taken at all) said they didn’t know. As of 2022, 61.6 percent
of public administration officers said they didn’t know about such measures
taken by the abovementioned organizations, showing a 5.6 percent decline in
unawareness.
This indicates that those with obligations to prevent workplace sexual
harassment and create an environment free of sexual harassment have not
taken substantial measures against sexual harassment within a year.
Figure 2.11 Whether taken measures against sexual harassment, by

institute and percentage (n=3000)
Institute where employee works Gender sub-committee Branch Council of Civil Service
responsible for the Council
implementation of gender sub-
programs in the capital, district
and community
Well implemented Implements little Implements nothing Don’t know
In the 2021 study, 32.8 percent of public administration officers said their
organizations, gender sub-committees, and sub-councils of Civil Service Council
take excellent and little measures against workplace sexual harassment and 67.2
percent said no measure is taken or don’t know. Whereas in the 2022 study,
38.3 percent of public administration officers said measures are taken against
sexual harassment, 61.6 percent said no measure is taken or don’t know, which
shows that the number of actions taken against workplace sexual harassment
increased by only 6 percent, which is the dissatisfactory result. Therefore,
it is necessary to accelerate efforts against workplace sexual harassment at
organizations where public administration officers work.
Exposure to sexual harassment in the workplace: The percentage

of public administration officers who experience sexual harassment in the
workplace has been compared to that of the previous study. As per the 2021
study findings, 26.9 percent of public administration officers or one-quarter
(one-third of those who didn’t want to respond are considered) experienced
one and more forms of sexual harassment, and 6 percent said they didn’t want

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to answer. As reported by the panel study conducted in 2022, 25.2 percent

experienced one of 12 forms of sexual harassment in the workplace, and 4.8
percent didn’t want to respond, which is a 1.7 percent decrease from that of
the previous study.
In terms of the manifesting forms of sexual harassment, 21.4 percent
were exposed to sexual harassment in the forms of verbal harassment, 13.3
percent to physical or sexual contact, and 12 percent to non-verbal forms of
sexual harassment. Compared to the previous study findings, verbal forms of
sexual harassment decreased by 2 percent, physical and sexual contact by 1.8
percent, and non-verbal form of sexual harassment by 0.5 percent. According
to the results of 2021 and 2022 studies, it was observed that female public
administration officers experienced more sexual harassment manifest in the
verbal form.
Figure 2.12 Whether experienced sexual harassment in the workplace

by percentage
I don’t want to tell No Yes
Whether subject of Act verbally Act by action Physical assault

sexual harassment
(general)
Of respondents, 16.3 percent were exposed to “asking a question, telling

jokes and making sounds with sexual content,” and 13.4 percent to “talking
about someone’s clothing, body shape, sex, defect and capacity,” of sexual
harassment types manifesting in verbal form, which shows that harassment
by using “dirty words” occurs more than the other types. Compared to the
previous study, the verbal forms of sexual harassment decreased by 0.3-2.7
percent. Out of verbal harassment types, “forcing, pressuring, threatening to
perform ex, following” occurred the least. Still, a total of 108 women during
the previous study and 91 women during the 2022 study selected this answer,
while 84 women from the last survey and 93 from the 2022 study didn’t want
to respond.
According to the 2021 study, 341 or one out of every ten women, experienced
“staring for too long to cause to feel uncomfortable.” It decreased by 0.3-1.6
percent to 293 in 2022. Also, in the 2021 study, 15 percent of the participants
or one out of seven women experienced “touching body, getting too close,
sticking” type of harassment, but this number dropped to 11.9 percent in 2022.

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About 7.9 percent of female public administration officers in 2021 and 6.5
percent in 2022 were subjected to professional touch and kiss, 4.1 percent in
2021 and 3.5 percent in 2022 to attempts and pushes to have sexual intercourse,
92 women in 2021 and 82 women in 2022 said they were a victim of rape and
93 women in 2021 and 95 women in 2022 “didn’t want to respond” to this
question. Specific weight of women who responded they were a victim of rape
and those who didn’t want to respond was very similar. As the action becomes
more of a criminal nature or selection of response “don’t want to respond” by
female public administration officers who experienced attempts to have sex or
rape increased slightly.
Figure 2.13 Exposure to sexual harassment in the workplace,

by organization type and percentage
Yes No I don’t want to tell
Governer's office Governer's office Aimag and capital’s Government’s Ministeries

of soums and of aimags and departments and agencies
disricts capital agencies
According to the previous study’s findings, one-third (37.3 percent) of

public administration officers of ministries experience at least one type of
sexual harassment, and this rate decreased to one-quarter (27.9 percent) in
2022. One-quarter of women officials and staff of departments and agencies
and Governor’s Offices of soum and district experienced sexual harassment,
and 30.1 percent of Governor’s Offices of aimag and the capital city experienced
sexual harassment, more than other organizations. Response to this question
was affected by the attitude and knowledge of public administration officers
on sexual harassment.
As the 2021 study found, the more participants know about sexual
harassment, the more they tend to respond they experienced a type of sexual
harassment, showing a statistically significant correlation (r=0.033, α=0.05).
In the 2022 study, the number of workplace sexual harassment decreased
among the officials who had better knowledge of laws and regulations and
measures on sexual harassment. On the other hand, it increased among the
female public administration officers who responded they didn’t know about
policies and regulations and measures taken by their organizations to prevent
sexual harassment.

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Table 2.29 Level of knowledge of and awareness of workplace sexual

harassment and exposure to sexual harassment:
Declined to
Response No Yes Total
respond
Knowledge of laws and regulations on sexual harassment
Don’t know at all 6.7 66.9 26.4 100
Know little 4.7 69.4 25.9 100
Know well 3.8 75.4 20.8 100
Knowledge of regulations of the organization on sexual harassment
Don’t know at all 5.5 62.6 31.9 100

Know little 5.5 72.1 22.4 100
Know well 2.2 81.6 16.2 100
No regulations in place 4.5 63.4 32 100
Total 4.8 70 25.2 100
It is common that percentage of exposure to sexual harassment has increased

among the female public administration officers who take workplace sexual
harassment seriously or have doubts about it and women who responded
they don’t take sexual harassment seriously or don’t know tend to decline to
respond to whether they experienced sexual harassment.
Figure 2.14 Attitude toward workplace sexual harassment and exposure

to sexual harassment, by percentage
Very serious matter I doubt Not a serious matter I don’t know
Don’t want to say No Yes
Studies of 2021 and 2022 have found out that the Civil Service Council and
the government organizations still need to fulfill the obligations under the Law
on the Promotion of Gender Equality and organize activities to improve the
knowledge and awareness. In conclusion, employers of related officials of all
levels of public administration bodies need to pay attention to fulfilling their
obligations stated in paragraph 7.4 of Article 7 of the revised Labor Code.

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Figure 2.15 Exposure to workplace sexual harassment by education and

percentage
Diploma and special secondary Bachelor Graduate (master's and doctorate)

education
I don’t want to tell No Yes
According to the 2021-2022 study, it can be concluded that exposure to

sexual harassment is to some extent connected to the education level of public
administration officers and their knowledge of workplace sexual harassment.
To study the prevalence of sexual harassment, female colleagues of public
administration officers were asked whether they were exposed to sexual
harassment, and 25 percent in 2021 said “no,” 29.6 percent said “don’t know,”
1.6 percent said “yes,” while 5.7 percent in 2022 said “yes,” 47.6 percent said
“no,” and 48.6 percent said “don’t know,” which shows that results of the
studies indicate that female public administration officers experience a type of
sexual harassment. When asked about the harasser, 56 percent said they were
harassed by their managers, 30 percent by colleagues, 12 percent by the staff
of partner organizations, 2 percent by customers, and 0.5 percent by others
in 2021, while in 2022, 50 percent by managers, 28.4 percent by a colleague,
11.9 percent by the staff of partner organizations, 4 percent by customers, and
5.7 percent by other, which indicates that most of the sexual harassment is
committed by managers. It is necessary to pay attention to sexual harassment
committed by partner organizations and customers and promote regulations
of the Law on the Promotion of Gender Equality and the revised Labor Code.
It is proper to include particular measures concerning the subject matter not
only in the organization’s procedure but also in the cooperation agreement to
be signed with partner organizations and other stakeholders.
Figure 2.16 Bodies committing sexual harassment for public
officials, by percentage
Execute officers Colleagues An employee of Others Customers

a cooperating
organization

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Officials and organizations to which victims reach out in case of exposure

to sexual harassment and their reactions: To the question ”Whom did you
reach out to in case of exposure to sexual harassment?” 8.2 percent in 2021
said they reached out to officials and organizations in charge of resolving such
matters, and this rate went up to 20 percent in 2022. In 2021, 29 percent of
public administration officers who experienced sexual harassment didn’t know
what to do, 18 percent talked about it to their friends and colleagues, 16
percent didn’t do anything, 13 percent said reporting is not helpful, 12 percent
said it depends, showing that victims didn’t file complaints or were careful
and skeptical due to the lack of complaint mechanisms. According to the 2022
study findings, 26.7 percent took measures on their own, 22.5 percent didn’t
know what to do, 10.2 percent didn’t do anything, and 14.4 percent talked to
their friends and colleagues, showing decreases compared to those of 2021
study. This indicates employers and relevant officials need to show leadership
and fulfill their obligations stated in the laws to create environment free from
gender-based violence and harassment within the organization.
Table 2.30 Bodies to which the victims report in case of exposure to

workplace sexual harassment, their reactions
2021 2022
Bodies reported to, their reactions
Count Percent Count Percent
Don’t do anything 108 16.1 78 10.2
Don’t know 196 29.3 172 22,5
Reporting is not helpful 86 12.9 68 8.9
It depends 82 12.3 76 9.9
Unofficial activity
Talk to trusted friend and colleague 123 18.4 110 14.4
Other (take measure on my own, pass it
19 2.8 204 26.7
by making fun, hide)
Official activity
Report to manager 15 2.2 20 10.2
Bring it up to staff meeting for discussion 8 1.2 3 0.4
Report to police, legal organizations 4 0.6 24 3.1
File a lawsuit 55 8.2 10 1.3
Total 669 100 765 100
In the 2021 study, it was common that participants responded that they
took personal measures against harasser or reported to authority in case of
exposure to non-verbal and physical harassment; and in case of verbal sexual
harassment, participants took personal and official measures and neglected it
by “ignoring”, accepted it as normal, and reported physical harassment to the
authority. However, according to the 2020 study, the percentage of “ignoring”
was higher for verbal sexual harassment, and “taking personal measures and

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reporting to the ethics committee” was the most common but in the event
of physical sexual harassment, “taking personal measures” or “reporting
to the ethics committee” were common. Compared to the previous study,
more responses were recorded about other types of measures or creating
an environment free of workplace sexual harassment and organizing training
and promotion within the organization in charge of the matter. Based on the
2021-2022 study, it can be concluded that organizing training and advocacy
to create an environment free of workplace sexual harassment is effective in
preventing violations of human rights.
Case 2.1
"It is important to organize training and awareness raising campaigns on sexual

harassment for the organization and the staff. I think I’ll fight alone because
workplace harassment would increase if I let it out. It is necessary to educate the
youth. Some people have no idea about how they treating and make fun of women,
harming their reputation, and treat them differently based on gender. Therefore,
it is necessary to tell them the basics of culture. I will report to higher authority
keeping the confidentiality. Otherwise, who would reach out to a HR or the ethics
committee when the whole organization has become full of relatives or friends. I
reported to my manager, but I ended up being blamed. My manager didn’t care,
and the harasser kept his job. I was fired because of not fulfilling his wishes. I am
now working in a different organization. I will express my thoughts on social media.
(From the results of the questionnaire and survey)
Regarding the establishment of a mechanism to address complaints in case

of exposure of public administration officers to workplace sexual harassment,
55 percent of the participants said they will reach out to the ethics committee
of the organization, 32.9 percent to police and legal organizations, 32.4 percent
to their manager, 16.1 percent to human resource department, and 8.4 percent
to the commission in charge of workplace sexual harassment, which indicates
that management and ethics committee of the organization play key roles
in addressing workplace sexual harassment. Therefore, organizations must
incorporate regulations in their internal procedures the provisions on prevention
of workplace sexual harassment and redressal of complaints related to sexual
harassment and, approve a program, organize training and promotion step-by-
step as required by the law88.
In the 2021 study, 50 percent of the female public administration officers
who reported to their manager after being exposed to sexual harassment in
the workplace said their complaints were “not solved” and 12 percent said
they ”were blamed.” About 24 percent of those female public administration
officers warned the harasser, and 15 percent said they heard from their
manager that the harasser was fired, which suggests that about 40 percent
88
Paragraph 11.4 of Article 11 of the Law on the Promotion of Gender Equality.

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took measures to punish the harasser and impose liabilities if the victim reports
to the manager. The 2022 study found that 60 percent took measures to
warn the harasser, and 15 percent fired the harasser. In addition, 60 percent
of the women who brought it up to their managers said their cases were not
resolved. According to the findings of the two studies, less than 10 percent of
female public administration officers who experienced sexual harassment in the
workplace filed complaints to the responsible bodies, and managers were being
neglectful, blaming the victims, which is related to the culture of ignoring sexual
harassment and considering it “normal.” In cases where managers didn’t take
necessary measures, female public administration officers warn the harasser
themselves or let it go without reaching out to organizations and officials with
legal responsibilities. Neglect of sexual harassment in the workplace puts the
female victims in a position where they have no choice but to protect their
rights and get used to the situation. For example, responses in the 2022 study
included that although exposure to sexual harassment, it didn’t involve serious
harassment, or it didn’t get intense. Workplace sexual harassment and ignorance
of it is gender discrimination. Therefore, both studies concluded that change in
management’s perception and attitude and development of leadership skills are
important to create a culture where workplace sexual harassment is prohibited.
It is also necessary to implement effective methods to improve knowledge on
regulations and mechanisms to protect female public administration officers
exposed to sexual harassment and address complaints.
According to the previous study, 25 percent or one quarter said there was
no department or officials to report to and didn’t know whom to reach out to,
while in 2022, this percentage decreased to 6.5 percent, promising a progress
in this regard. It is essential to accelerate the measures to prevent and combat
workplace sexual harassment in public organizations as required by the Law on
the Promotion of Gender Equality and revised Labor Code; and provide united
guidance and instruction, prepare human resources and build capacity.
Figure 2.17 Bodies to file complaints regarding workplace sexual

harassment, by percentage
To the ethics committee
To the police, law enforcement
To the top management
I don’t know well
To the human resources unit or

officer in charge of
To the commission in charge of sexual
harassment in the workplace
There is no unit or employee to complain to

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Factors influencing victims to not file a complaint in case of exposure

to workplace sexual harassment: As found in the 2021-2022 study,
respondents expressed that in case of no measures taken as provided by
law, they would report verbal and non-verbal forms of sexual harassment to
the management of the higher level organization, police, legal organizations,
organizations for protecting women’s rights; report physical form of sexual
harassment to the police, legal organizations, management of the upper level
organization, National Human Rights Commission, organizations for protecting
women’s rights, and attorneys and lawyers. According to the findings of the
both studies, one out of every four officers said they wouldn’t do anything in
case of exposure to verbal sexual harassment. In the 2021 study, one out of
every five female officials and one out of every four officials in 2022 said they
would quit their jobs or apply for a different job. In addition, the respondent
said they would take the following measures in case no legal measure is taken
to resolve their complaint.
Finding of 2021 study Finding of 2022 study
● Organization to decide what to do

based on research
● Tell colleagues; ● Tell colleagues
● Wait until facts are collected; ● Organize advocacy work on whom and
● Report to the ethics committee of the where to reach out to
organization; ● Male managers lack knowledge and
● Talk to the harasser, warn, remind; attitude, thus, promote women to
● Express the displeasure; management level
● Tell family members; ● Passing it by making jokes is common,
● Seek advice from a therapist; thus, regulate it at the organization
● Tell someone close; level
● File a court complaint; ● Pay attention to eliminate such
● Fight. occurrence
● Report to the police and legal
organizations.
Participants of the study expressed about the lack of knowledge of staff

and management on workplace sexual harassment, lack of their attendance in
training, fear of young women getting fired and their tolerance, passing sexual
harassment by making fun of it, management blaming employees, allocate
bonus and benefits for the employees who are on a side with the management,
unbalanced allocation of workload, considering workplace sexual harassment
as normal due to gender stereotypes at the management level or manager of
the organization, and vagueness around countermeasures concerning the issue.

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Case 2.2
...Generally, male managers of organizations commit sexual harassment; thus,

violations related to sexual harassment stay hidden. Although I brought it up once
at the staff meeting, people made fun of me and ignored the issue. I am not sure
about what to do next. I sometimes worry that their jokes might go too far. Lack
of knowledge of what to do is common in cases of exposure to sexual harassment.
(Note taken from an interview held with public administration officers
who participated in the study)
About 40 percent of public administration officers who didn’t file a complaint

after experiencing sexual harassment said they were not sure about a fair
resolution of their case while protecting their reputation and confidentiality,
which indicates the highest rate of response. Following this, 27.9 percent said
they would not file a complaint about the reason of pressure through the
increased workload, gossip, and threats, 25.5 percent said the current laws
and regulations are inadequate in protecting the victims, 23.8 percent said they
were afraid because the harasser had more power and influence, and 23.6
percent were afraid of being blamed so that they didn’t file a complaint. This
assured the findings of the previous study. According to the findings of the
two studies, the main reasons victims didn’t file a complaint after experiencing
sexual harassment included mistrust on fair resolutions due to the harasser’s
power, doubt about protecting the victim’s reputation and confidentiality, and
fear and worry of getting exposed again.
CONCLUSION
According to the finding of the 2022 study, about 25.2 percent of public
officials who participated in the study experienced one or more forms of sexual
harassment, which is 1.7 percent lower compared to the 2021 study. However,
one out of four officials were still exposed to sexual harassment and are at an
increased risk of experiencing a physical forms of sexual harassment following
verbal forms of sexual harassment. Response to exposure to workplace sexual
harassment is related to knowledge and awareness of sexual harassment in
the workplace. When the level of knowledge and awareness of workplace
sexual harassment is compared to the exposure to sexual harassment, it was
more common than public administration officers with a lack of knowledge
about the issues declined to respond to whether they were exposed to sexual
harassment and the recognition of their exposure to sexual harassment is
related to the level of education.
It must be noted that workplace sexual harassment often occurs within
the organization and is committed by those in power and bodies outside the
organization, such as partners and clients, which had increased a little.

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The main factors affecting the public administration officers not to file
complaints are their mistrust on fair resolution of their cases while maintaining
their reputation and protecting confidentiality, fear of work overload, gossip
and threats, and lack of protection of victims in current laws and regulations.
There were cases where officials who were exposed to sexual harassment in
the workplace were blamed and put in a situation to quit their jobs and main
reasons for not filing a complaint in case of exposure to sexual harassment
included the harasser was in a more powerful position, and they didn’t trust
their cases would be resolved fairly and were fearful and careful with their
reputation and confidentiality.
In terms of combating and preventing workplace sexual harassment in
public administration bodies, about 8.2 percent of the officials reached out to
official Bodies to have their cases resolved, and it increased to 20 percent in
2022, showing an improvement. Employers and related officials have to show
leadership and fulfill their duties stated in the laws and create an environment
free from workplace sexual harassment and gender-based violence as more
public administration officers who experienced sexual harassment in the
workplace take measures themselves and hide the case. Most women have to
deal with the lack of measures despite their complaints and take measures such
as warning the harasser or quitting their jobs. Lack of resolution of complaints
about workplace sexual harassment, ignoring them, and further blaming the
victims are related to the organization’s culture of ignoring sexual harassment
and perceiving it as normal. Such environment and conditions put women in a
situation where their approach to protecting their rights is denied, and they are
forced to get used to it.
According to the findings of both studies, an improvement was observed in
the education and attitude on workplace sexual harassment. To accelerate such
improvement, it would be highly effective to incorporate in the internal labor
procedures the provisions of the revised Labor Code on employment, prevention
and elimination of pressure, violence, and sexual harassment in labor relations,
and procedures for addressing complaints and creating an environment free
from pressure, violence and sexual harassment.
Female officials and staff think the structure within the public administration
bodies is a key factor in addressing workplace sexual harassment, which could
be explained by the high rate of selection of ethics committee and management
in case of exposure to sexual harassment. However, due to the lack of
implementation of activities on prevention of workplace sexual harassment,
knowledge of public administration officers on the issue, and leadership from
the management on the issue, the management level or managers have poor
knowledge and understanding of workplace sexual harassment and perceive
them as normal due to gender stereotypes, and there is ambiguity around
measures to be taken. Therefore, such organizations have to implement
activities provided by the Law on the Promotion of Gender Equality, Law on
Civil Service, and other related laws.

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There is a lack of implementation of activities to combat workplace sexual

harassment at the level of State central administrative bodies and departments
and agencies, and the realization of legal provisions on regularly organizing
training to improve the knowledge on sexual harassment is inadequate.
According to the previous study, it was concluded that there was a lack of
measures on combating workplace sexual harassment at the level of the state
central administrative bodies, departments, and agencies in Ulaanbaatar city.
In conclusion, based on the 2022 study, an improvement was observed among
organizations in organizing activities for the prevention of workplace sexual
harassment. Even though progress had been made at the level of Governor’s
Offices of aimag and capital city in combating and preventing workplace
sexual harassment, the specific weight of officials of Governor’s Offices of
departments and agencies and soum and district is higher among those who
responded they didn’t know about such activities like the previous study.
There is no denying that the situation where women’s representation
had not been sufficiently formed at the decision-making level of public
administration bodies affect the above. According to the questionnaire and
study, men dominate in managerial positions, and harassers of workplace
sexual harassment were mainly managers; thus, there should be training for
male managers.
PROPOSALS
1. Public administration bodies should develop policy and plan to prevent
workplace sexual harassment and regularly improve gender knowledge and
awareness of managers and officers;
2. Include in the new employee training program the policy and regulations on
prevention from workplace sexual harassment;
3. Pay attention within the organization to receive complaints about workplace
sexual harassment, take measures, protect the confidentiality, and establish
a system to compile information; and assess effectiveness and changes
regularly;
4. Include in the performance plans to be established between employers and
employees the obligation to create an environment free from workplace
sexual harassment, charges for such violations, complaint redressal
mechanisms, and protection of reputation and confidentiality of persons.

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2.4. IMPLEMENTATION OF LAW ON THE PROMOTION OF GENDER

EQUALITY BY SOME OF THE GOVERNOR’S OFFICES OF AIMAGS
It has been 11 years since the Law on the Promotion of Gender Equality was
passed and 6 years since the Sustainable Development Goals. This section has
been developed based on an analysis of policies and activities implemented by
the Government of Mongolia, departments and agencies, and local governing
bodies on gender; situations determined by MHRC’s monitoring and inspections;
complaints and reports filed by citizens.
In 2021, National Human Rights Commission received and resolved a total
of 1,188 complaints and reports, and eight of them were related to violations
of gender equality, 246 about the right to work, 126 about pressure at the
workplace, and 35 were about the right be free from discrimination.
In addition, in 2020, NHRC Commissioner’s recommendations were
delivered to six aimags, including Dornogobi, Gobisumber, Khovd, Uvs,
Bayan-Ulgii, and Khuvsgul; in 2021, 11 Commissioner’s recommendations were
delivered to Zavkhan, Gobisumber, Sukhbaatar, Khentii, Sukhbaatar, Orkhon,
Darkhan-Uul, Dundgobi, and Umnugobi aimags and Nalaikh, Baganuur, and
Bagakhangai districts; and the Commissioner’s requirements were delivered to
seven organizations.
NHRC conducted monitoring on the implementation of the Law on the
Promotion of Gender Equality in Bayan-Ulgii, Khovd, Gobisumber, Khentii,
Sukhbaatar, Umnugobi, Dundgobi, and Orkhon aimags and remote districts
such as Nalaikh, Baganuur and Bagakhangai in framework of “Towards a
professional and citizen-centered civil service in Mongolia,” a project funded
by the Government of Canada and implemented by UNDP between 2018-2022;
and in 15 aimags such as Darkhan-Uul, Khuvsgul, Dornogobi, Bayankhongor,
Gobi-Altai, Uvurkhangai, and Bulgan and Governor’s Offices of three districts
within the framework of the project “Promoting gender equality in public
decision-making and women’s empowerment” implemented by UNDP and
KOICA, international cooperation agency.
Implementation of Law on the Promotion of Gender Equality by

Governor’s Offices of some aimags
Although all aimags have approved local subprograms and plans on
promoting gender equality according to the paragraph 5.1.4 of Article 5 of
Law on the Promotion of Gender Equality “Principle of gender mainstreaming:
Development policies shall be made gender-sensitive through the incorporation
of gender concepts in laws, government policies, programs and projects”
and paragraph 19.1.1 of Article 19 of the law “to introduce a methodology
to incorporate gender considerations in local and sectoral policies, general
strategies, programs, and projects; to conduct a gender analysis of drafts of
these documents and review and comment on their reports,” however, only a

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few aimags have specifically allocated budgets to implement such programs

and projects. They have incorporated in their subprograms that funding of
the programs will consist of the local budget, the yearly budget of related
state and locally-owned organizations, international organizations, funding of
programs and projects, and other legally approved resources.
Table 2.31 Approved budget for subprograms and plans on promotion

of gender equality (years 2020, 2021)
Whether has budget
No. Aimag
2020 2021
1 Bayan-Ulgii - -
2 Bulgan 10,0 million 10.0 million
3 Bayankhongor - 23 million
4 Gobi-Altai 24 million -
5 Gobisumber 15,0 million 15,0 million
6 Darkhan-Uul 5,0 million 8,6 million
7 Dundgobi - -
8 Dornogobi - -
9 Uvurkhangai - -
10 Umnugobi 7,4 million -
11 Khovd 6,0 70,0 million
12 Khuvsgul - -
13 Khentii - 79 million
14 Sukhbaatar - 135,0 million
15 Orkhon - 40 million
Bayan-Ulgii, Dundgobi, Khuvsgul, Dornogobi, and Uvurkhangai aimags

have not approved the budget for the implementation of a subprogram on
the promotion of gender equality. Whereas Khovd, Gobisumber, Khentii,
Sukhbaatar, Darkhan-Uul, Bulgan, Bayankhongor, and Orkhon aimags budget
between MNT 8.6 million to MNT 135 million in 2021 to implement their
subprograms on the promotion of gender equality and the funding for the
implementation was composed of other resources such as local development
funds, projects, and programs. Among them, Orkhon aimag approved a budget
of MNT 71 million in 2021 and 2022, and Sukhbaatar aimag approved MNT135
million in 2021.
This demonstrated the implementation of paragraph 20.1.2 of Article 20 of
the Law on the Promotion of Gender Equality which says “to allocate funds
from local budgets for activities on promoting gender equality within their
respective territories.”
The rest of the aimags need to have budgets to implement subprograms on
the promotion of gender equality approved by aimag’s citizens’ representative

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khurals, amend the budget, and have budgets approved every year in the
local budget for the activities and objectives of the subprograms. In addition,
aimag’s Governors should be tasked to collaborate with international and
local programs and international organizations and present the result of the
implementation every year to the aimag’s citizens’ representative khurals.
Sukhbaatar, Khentii, Bayan-Ulgii, and Dundgobi aimags have not implemented
paragraph 20.2 of Article 20 of the Law on the Promotion of Gender Equality
“The aimag, capital city, soum and district citizens’ representative khurals shall
review the reports by respective level governors on the implementation and
results of gender equality and human rights legislation and inform the public
on the review results.”
In Bayankhongor, Uvurkhangai, Bulgan, Bayan-Ulgii, Khovd, Gobisumber,
Khentii, Umnugobi, Dundgobi, Darkhan-Uul, Khuvsgul, Dornogobi, Orkhon,
Gobi-Altai, and Sukhbaatar aimags, Governor’s Office staff of Social policy
department responsible for the social welfare, health, elderly people, persons
with disabilities, family, children, youths, women, education, culture and
science, sport, employment, demographics, social welfare, and protection
policy are also in charge of working with gender-related issues.
It is necessary to reach out to related organizations to have a dedicated
staff for gender-related issues.
Table 2.32 Status of incorporation in the internal labor regulations the

rights, duties, and responsibilities of employers and employees related to
the promotion of gender equality
Whether state bodies Whether
Whether state bodies
have incorporated and incorporated and
have incorporated
approved paragraph 11.4.1 approved paragraph
No. Aimag paragraphs 39.1.4
of Article 11 of the Law on 11.7 of the Law on
and 48.1 of the Law
the Promotion of Gender the Promotion of
on Civil Service
Equality Gender Equality
1 Bayan-Ulgii Not incorporated Not incorporated Not incorporated
2 Bulgan Incorporated Incorporated Incorporated
To incorporate in To incorporate in
3 Bayankhongor To incorporate in detail
detail detail
4 Gobi-Altai Not incorporated Incorporated Incorporated
5 Gobisumber Incorporated Incorporated Incorporated
6 Darkhan-Uul Not incorporated Incorporated Not incorporated
7 Dundgobi Incorporated Incorporated Incorporated
8 Dornogobi To incorporate in detail
detail detail
9 Uvurkhangai Not incorporated Incorporated Incorporated
10 Umnugobi Incorporated Incorporated Incorporated
11 Khovd Incorporated Incorporated Incorporated

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12 Khuvsgul To incorporate in detail
detail detail
13 Khentii Not incorporated Not incorporated Not incorporated
14 Sukhbaatar Incorporated Incorporated Incorporated
15 Orkhon Incorporated Incorporated Incorporated
Governor’s Offices of Bayan-Ulgii, Bayankhongor, Dornogobi, Khentii,

Darkhan-Uul, Khuvsgul aimags have not incorporated in details Article 11.4.1
and 11.7 of the Law on the Promotion of Gender Equality about rights and
duties of employers and employees on prevention of sexual harassment in a
workplace, redressal of such complaints and create an environment intolerant
of other types of harassments.
In addition, a prohibited action in of Article 39.1.4 of the Law on Civil Service
“misuse power of public positions, blackmail others for personal interests and
sexual harassment; discriminate and exploit” and regulations in Article 48.1 of
the law have not been incorporated in internal labor procedures of Governor’s
Offices of Gobi-Altai, Bayankhongor, Darkhan-Uul, Bayan-Ulgii, Dornogobi,
Uvurkhangai, Khuvsgul, and Khentii aimags.
According to the report on the implementation of “Methodological guidance
on prevention and protection of workplace sexual harassment, and redressal of
complaints in the framework of the internal labor procedure,” 116 organizations
in Gobi-Altai aimag incorporated such regulations in their internal procedures
in 2021.
Therefore, legal departments of governor’s offices of aimags need to
collaborate with their sectoral commission on gender and analyze internal
procedures of local public bodies, deliver letters to them on incorporation,
change, and improvement of their internal labor procedures following relevant
provisions of the Law on Civil Service and Labor Code, and monitor their
implementation.
In the years 2020-2021, Khovd, Uvurkhangai, Gobisumber, Darkhan-Uul,
Sukhbaatar, Khuvsgul, Gobi-Altai, Bulgan, and Orkhon aimags organized 49
training and awareness-raising programs involving 2975 people comprising
civil servants and the public under the topics such as “Equal participation”
and “Journalism with gender sensitivity and ethics” that focused on basics of
gender, gender-based discrimination, gender-based violence, and workplace
sexual harassment in compliance with Article 11.4.2 of the Law on the Promotion
of Gender Equality, stating “design and conduct a program on training and
retraining geared toward creating a working environment free from sexual
harassment, and report on its impact in a transparent manner” and Article
19.1.6 of the Law, stipulating “to conduct gender training and awareness-
raising programs within the sector/locale.”

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Bayan-Ulgii, Dundgobi, Dornogobi, Khuvsgul, Khentii, Bayankhongor, and

Umnugobi aimags did not organize awareness-raising activities in 2021 due to
the COVID-19 pandemic.
In 2018, the NHRC prepared and certified human resource officers of public
administration bodies as “Gender trainers” under the Phase 3 output “Enhancing
gender equality in public administration” of the Project “Towards a professional
and citizen-centered civil service in Mongolia.”
Table 2.33 Practices of gender trainers
Number Number of trainers quit Number of people who

No. Aimag of gender the job, discharged, and cannot work as a trainer
trainers transferred due to personal excuse
1 Bayan-Ulgii 15 3 2 persons quit the job

2 Bulgan 18 5 1 on child care leave
3 Bayankhongor 15 1 2 on old-age pension
4 Gobi-Altai 18 2 2 on old-age pension
5 Gobisumber 18 7 -
6 Darkhan-Uul 21 - -
7 Dundgobi 19 1 4 on child care leave
8 Dornogobi 18 6 -
9 Uvurkhangai 23 - -
10 Umnugobi 15 - -
11 Khovd 20 - -
12 Khuvsgul 21 - -
13 Khentii 35 10 -
14 Sukhbaatar 25 6 -
15 Orkhon 16 4
Transferred to a different
Total Total 281 job, laid off, and
discharged- 45 people
Out of 281 trainers, 45 of them were appointed to different jobs or positions,

four people were on old-age pension, five people were on childcare leave, and
two quit their jobs. Therefore, more gender and human rights trainers must be
prepared, and capacity-building training needs to be organized.
As it is stated in Article 60.1.3 of the Labor Code that an employee’s
workplace should be preserved while that employee is on pregnancy, maternity
or child care leave, in Article 11.1 of the Law on the Promotion of Gender
Equality, “Gender discrimination in employment and labor relations shall be
prohibited. Unless otherwise provided in the international instruments, to
which Mongolia is a party and other relevant laws… it is prohibited to dismiss
an employee … for being pregnant, for taking care of children, or for family

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status reasons”, order “B” related to human resource activities of Governor’s

Offices of aimags had been monitored. It was found that they haven’t laid
off employees who were on pregnancy and child care leaves and fulfilled their
duties specified by law.
The above-mentioned aimags established gender sub-committees under the
Law on the Promotion of Gender Equality, approved implementation plans, and
carried out exemplary activities as follows:
Governor’s Office of Orkhon aimag, in collaboration with the aimag’s
health center, established a cabinet for men within the regional diagnostic
and treatment center to improve health services for men and promote gender
equality and provided with equipment; Bulgan aimag developed “Gender
statistics bureau” and presented it to the public; Umnugobi aimag incorporated
research and analysis on gender equality in Umnugobi aimag’s development
policy plan for 2021-2024 and approved and secured necessary budget in the
2022 Action Program to promote gender equality.
Khovd aimag had incorporated the requirement of promotion of gender
equality in the performance evaluation of public officials and held a tripartite
discussion on decent work in collaboration with Governor’s Office, Trade Union,
and Employers’ Federation; Khentii and Khuvsgul aimags had established gender
sub-committees under 15 public organizations and developed model procedure
for commission’s operation.
Bulgan, Khovd and Bayankhongor aimags had monitoring and evaluation
conducted by a non-governmental organization on the implementation of
the subprogram on the Promotion of Gender Equality; Uvurkhangai aimag, in
collaboration with civil society organizations had gender equality assessment
carried out on 23 policy documents that became effective under the Resolutions
of Citizens’ Representative khurals, of the aimag on economic development
for the years between 2014-2024 which is being implemented across the
aimag, strategic documents of some organizations, internal labor procedures,
established agreements.
Darkhan-Uul aimag activated the activities of NHRC trained 21 trainers
of “gender and human rights” consisting of human resource officers of the
aimag’s public administrative body and established the “Gender-21” club; Gobi-
Altai aimag organized capacity-building for social policy officials in 17 soums
and two villages, involved them in gender training, and prepared them as
trainers and developed handbook “Nine things to avoid telling your boys and
girls” to educate children from a young age on gender; and Dornogobi aimag
incorporated “gender and human rights” content in an orientation training
program for newly appointed civil servants.

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CONCLUSION
Aimags had approved subprograms on promoting gender equality and
had planned to implement specific activities. However, most aimags did not
approve funding for these activities or budgeted a small amount, transferred
the approved budget to other projects, and these are funded by other local
budget resources or local development funds, programs, and projects.
The implementation of Article 20.2 of the Law on Gender Equality “The
aimag, capital city, soum and district citizens’ representative khurals shall review
the reports by respective level governors on the implementation and results of
gender equality and human rights legislation and inform the public on the
review results” is inadequate and most of the aimags are not implementing it.
The implementation of Article 20.2 of the Law on the Promotion of Gender
Equality, “The aimag, capital city, soum and district citizens’ representative
khurals shall review the reports by respective level governors on the
implementation and results of gender equality and human rights legislation
and to inform the public on the review results” is inadequate as most aimags
had not implemented the clause.
Gender equality in the commissions (12-15) under the aimag governors
and participation of women in the decision-making level is inadequate. For
instance, the number of women and men is approximate or the participation
of women is higher in the Parents commission, Ethics Committee, and gender
sub-committees among gender sub-committees, ad hoc commission to ensure
the human rights of persons with disabilities, Ethics Committee, Commission on
population matters, Parents commission under organizations to ensure traffic
safety. Therefore, it can be concluded that it is because of gender stereotypes.
Local gender-sensitive policy and planning, and implementation of legislation
depend on local authorities’ awareness, knowledge, attitude and leadership on
gender issues.
Social workers in charge of social welfare, health, elder persons, persons
with disabilities of the social policy department, and specialists in charge of
education, culture, science, sports, or employment, population demography,
social protection and welfare policy perform as specified in the job descriptions
the gender related tasks and duties besides their main responsibilities, working
under high workload.
It is important to support, activate and cooperate with gender trainers,
and have some state duties performed by NGOs on a contractual basis by
incorporating necessary budgets in the local budgets.
It is essential to revise the contents of training on raising gender awareness
and knowledge in compliance with the legislation, to improve the capacity of
gender trainers, to support and encourage their activities and to train new
trainers.

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It is necessary to monitor and check whether the state organizations

operating in aimags, state administrative and state support service organizations
in soums incorporated in their internal procedures the measures to be taken
by the employer to prevent sexual harassment in the workplace, mechanisms
for complaint redressal, and the rights and responsibilities of employers
and employees that are specified in Article 11.1.4 and 11.7 of the Law on the
Promotion of Gender Equality, and in Article 7.3 of the Labor Code.
PROPOSALS
1. Incorporate measures to be taken by the employer to prevent sexual
harassment in the workplace, mechanisms for complaint redressal, creation
of an environment free from sexual and other harassments and the rights
and responsibilities of employers and employees that are specified in Article
11.1.4 and 11.7 of the Law on the Promotion of Gender Equality;
2. Reflect in the internal procedures the Articles 6 and 7 of the Labor Code,
and take relevant measures to stop any illegal actions such as harassment
and discrimination in any shape and form against officers;
3. Make regular the submission of reports of the Gender sub-commission
to the Citizens’ Representatives’ Meeting for discussion, fulfill legal duties
to inform to the public the progress and results of the implementation of
legislations on ensuring human rights and gender equality, and plan actions
on the basis of previous year’s outcomes;
4. Have some state duties on ensuring gender equality performed by NGOs;
5. Organize step-by-step and regularly, and on the basis of particular planning
the gender training and influencing activities for authorities and officers of
state organizations and the public.

CHAPTER III
SOME ISSUES ON THE RIGHT
TO EMPLOYMENT
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“Everyone has the right to work, to free choice of employment, to just

and favorable conditions of work, to protection against unemployment, and
to equal pay for equal work without any discrimination”.
(Article 23 of the Universal Declaration of Human Rights)
“The States Parties to the present Covenant recognize the right of

everyone to the enjoyment of just and favorable conditions of work, which
ensure safe and healthy working conditions.”
(Article 7 of the International Covenant on Economic, Social and

Cultural Rights)
“Every citizen shall have the right and the opportunity... to have access,
on general terms of equality, to public service in his country.
”
(Article 25 of the International Covenant on Civil and Political
Rights)
“The right to free choice of employment, favorable conditions of work,

remuneration and rest…No one may be unlawfully forced to work.”
(Paragraph 4 of Article 16 of the Constitution of Mongolia)
“It is a sacred duty for every citizen to work...”
158 SOME ISSUES ON THE RIGHT TO EMPLOYMENT

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3.1 INTRODUCTION
Mongolia ratified 8 fundamental Conventions of the International Labor
Organization (ILO), including the abolition of the worst forms of child labor1,
elimination of discrimination2, promotion of freedom of association3, and the
abolition of forced labor4, and had been making amendments and modifications
to the Labor Code and relevant legislations.
With regard to the right to employment, there’s been a need and demand
for a definition of harassment and violence in the world of work, the present
state of child labor, the implementation of legal acts and legislations, common
forms of infringement, and ways to eliminate such forms. Therefore, with
the support of ILO, “Study on awareness and knowledge on and situation of
harassment and violence in the world of work” and “Quality study on the present
situation of child labor in Mongolia” were conducted in 2021. The purposes of
these surveys were to determine nationwide the situation of harassment and
violence in the world of work, to detect any non-compliances, and to provide
the Government the information directed towards future policies and programs
on the abolishment of the worst forms of child labor, and to get the list of jobs
prohibited for minors revised.
In the 20th Status Report on Human Rights and Freedoms in Mongolia5,
National Human Rights Commission (NHRC) pointed out the situation
of exercise of the right to employment and child rights in the 14th in the
proposals submitted to the SGH for resolutions along with conclusions and
recommendations according to the law.
Harassment and violence in the world of work:6 As of Quarter III 2021,
1.226.8 thousand of the population aged 15 and above, 1.135.8 thousand of the
labor force are employed and 90.8 thousand are unemployed. By classification
of economic activities, 24.8 percent of employees work in agriculture, forestry,
fishing and hunting, 13.2 percent in wholesale and retail trade, repair of motor
vehicles and motorcycles, 8.6 percent in education, 8.2 percent in construction,
1
Mongolia ratified Worst Forms of Child Labor Convention No.182 of 1999 in 2000 and
Minimum Age Convention No.138 of 1973 in 2002.
2
Mongolia ratified Discrimination (Employment and Occupation) Convention No.111 of 1958,
and Equal Remuneration Convention No.100 of 1951 in 1969.
3
Mongolia ratified Freedom of Association and Protection of the Right to Organize Convention
No.87 of 1948, and Right to Organize and Collective Bargaining Convention No.98 of 1949 in
1969.
4
Mongolia ratified Forced Labor Convention No.29 of 1930 in 2005, and Abolition of Forced
Labor Convention No.105 of 1957 in 1969.
5
For more details, visit <https://nhrcm.gov.mn/>.
6
Paragraph 7.1 of Article 7 of the Labor Code prohibits “employers, employees, or third parties
to engage…any other manner in harassment and violence…”, and it has been used in the
survey as the term “harassment and violence in the world of work, and workplace sexual
harassment”.
SOME ISSUES ON THE RIGHT TO EMPLOYMENT 159

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7.6 percent in public administration, defense and compulsory social security,

7.2 percent in manufacturing and 5.1 percent in transportation and storage.7
In recent years poverty had not declined in Mongolia and income inequality
became noticeable. It is still important to continue reducing poverty in the
future. Sustainable and accessible economic growth would be important in
tackling the problem.8
Poverty is prevalent among households, where the heads of the family have
education below secondary level, are unemployed, or work in the agricultural
sector, especially among herders. Households living in gers were among the
poorest (44.5 percent), taking up 60 percent of the poor.9 Also employment
in the informal sector and other forms of employment with relatively low
productivity are common. Unemployment and informal employment rate went
up among those, who engaged in seasonal employment, migrants from rural
areas to the city, especially youths.
Any harassment and violence in the world of work, in particular, gender-
based violence is a serious human rights violation, and a legal framework
had been created to distinguish it from other human rights violations, and a
mechanism had been provided to investigate, resolve, and impose sanctions.
However, complaints and reports lodged to the NHRC by citizens; inspections
and investigations following those complaints; and results of “Study on
awareness and knowledge on and situation of harassment and violence in the
world of work” and “Quality study on the present situation of child labor in
Mongolia” reveal that there is still harassment, violence and discrimination in
the world of work both in the public and private sectors.
Among violations, the common ones include failure to conclude the
employment contract in writing as provided in the Labor Code; provision of
remuneration lower than the minimum wage; failure to adopt and enforce
the procedure for basic salary schedule, amounts of supplementary payments,
added payments and bonuses; non-payment of extra pay for employees, who
worked overtime at night, on weekends, or on public holidays, compensation
for idle time, annual leave pay, compensation for transferring an employee
to another job because of unavoidable work requirements, allowance during
handover of workplace, grants and allowances for employee whose work is
being preserved, compensation equal to the difference of remunerations when
transferring the employee to another job for health reasons, and remuneration
within the agreed date; miscalculation of annual leave period and pay; made
employees work in excess of probationary and apprenticeship period; failure
to employ persons with disabilities or dwarfs, or failure to pay the payment
for not employing persons with disabilities or dwarfs; failure to shorten the
7
NSO, <www.1212.mn>
8
MongolBank, Survey report №5, 2020.
9
The World Bank “Mongolia: Comprehensive analysis”, Ulaanbaatar, 2018.

RIGHTS AND FREEDOMS
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work hours of persons with disabilities and minor workers, to develop job
descriptions per each position, to incorporate into the internal procedure the
mandatory relations; incorporation of clauses that diminished the law, and
failure to organize internal audit on labor relations.
In 2020, a total of 36,918 (overlapped number) violations had been
detected, the state (senior) inspector’s time-bound official demand containing
7,034 provisions on rectification of violations had been sent to 871 entities
and businesses, and MNT2,285.3 million compensated via 132 state inspector’s
note for rectification of violations, including the provision of remuneration
incomplete or lower than the minimum wage, specified in the sectoral
collective agreement; failure to provide annual leave pay and overtime pay;
failure to employ persons with disabilities; employment of foreign citizens
without permission; failure to impose social insurance premiums or incomplete
imposition of social insurance premiums. In 2021, 27,441 violations had been
detected, 772 time-bound official demands of the state inspector containing
6,373 provisions had been sent, and had the requirements satisfied, imposed
via inspector’s note the compensation of MNT1,143.8 million on 101 entities and
businesses, and the payments compensated.10
It is common in society to take harassment and violence in the world of
work as a normal phenomenon that happens, and society is not fully aware
that it is not limited by an improper act or attitude of an employer or manager
in all processes of employment i.e. during business and off-business hours, at
the workplace or during fieldwork, or when attending social events with co-
workers such as retreats, tours, and activities, or during employment in the
accommodation provided by the employer, rather it has a broader meaning
that includes harassment and violence exerted mutually by and between the
employer, employee and the third party in relation to employment.
Child labor: In 2018, there were 894,496 households officially registered in
Mongolia, and as of 2020, 908,712 households were registered, showing an
increase of 2 percent. The number of children aged 0-17 years, was 1,133,945
in 2018 in Mongolia, which up to 1,200,531 in 2020. Of total children aged 0-17
years, 0.2 percent or 3,036 were double orphans, and 2.9 percent or 35,000
were half-orphans as of 2020.11
In connection with the shift to the market economy during the early 90s’ in
Mongolia, all social sectors underwent major changes, and child labor and child
work issues had arisen. As of 2020, around 10 percent or 56,000 children aged
5-17 years were engaged in labor.12 Compared to urban areas, there are many
10
Official letter No.02/356 of General Agency for Specialized Inspection, dated 21 February
2022.
11
NSO <https://www.1212.mn/tables.aspx?TBL_ID=DT_NSO_0300_007V1>
12
ILO, Mongolia Policy Outline: Child Labor, 2016, p.1
<https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-beijing/
documents/publication/wcms_ 508366.pdf/>

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poor households in rural areas, and as such it’s common that their children to
engage in labor. More boys than girls engage in labor, which leads to school
dropouts, whilst girls engage more in household chores.
The Government issued Resolution No.303 on the 26th of October 2011 and
adopted the “National Program for Eliminating Worst Form of Child Labor
2008-2012”, which was the first policy document directed towards eliminating
child labor. Based on this Program, the list of jobs prohibited for minors had
been approved under the joint decree, issued by the Ministers of Health and
Social Protection in 1999, and the revised list had been adopted in 2008 by the
Minister of Social Protection and Labor and in 2016 by the Minister of Labor
and Social Protection. Also, an amendment to the Article 16.10 of the Criminal
Code made on 11 May 2017 has been a major step, which recognizes as a crime
the forcing a child into the worst forms of labor.
Prohibition and elimination of child labor had been reflected in state policies
and decisions, and plans for implementing the policies had been adopted and
enforced nationwide, however such issues had been incorporated too generally
or too symbolically in action plans of tripartite partnerships, ministries and
agencies in charge of child and labor matters, as well as local authorities, which
then leading to child right violations.
3.2 HARAssment and violence in the world of work

Comparison between Harassment and Violence Convention No.190 of ILO
and national legislations
Recognizing the right of everyone to a world of work free from violence
and harassment, the ILO Convention No.19013 stipulated the comprehensive
measures to be taken by every State Party for ensuring the exercise of such
right. Mongolia had not ratified the Convention14 but as a member of ILO, it
focuses on the prevention and elimination of harassment and violence in the
world of work, and the creation of working conditions for everyone to work
free from any harassment and violation, and reflected particular provisions in
the national legislations.
According to paragraph “a” of Article 1 of the Harassment and Violence
Convention No.190 of ILO, “harassment and violence in the world of work”
refers to a range of unacceptable behaviors and practices, or threats thereof,
whether a single occurrence or repeated, that aim at, result in, or are likely
to result in physical, psychological, sexual, or economic harm, and includes
gender-based violence and harassment. Also, as per paragraph 2 of Article 1
of the Convention, harassment and violence in the world of work manifests
13
Harassment and Violence in the world of Work Convention No.190 was adopted at the 108th
General Conference of ILO held on 21 June 2019.
14
NHRC mentioned in the 19th Status Report on Human Rights and Freedoms in Mongolia that
Mongolia should ratify the Harassment and Violence Convention No.190 of ILO.

RIGHTS AND FREEDOMS
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in various forms, all of which should be deemed unaccepted or unacceptable

behaviors and practices.
Prevention and protection from such behaviors and practices in employment
relations is the goal of every member state. Subparagraph 1(b) of Article 1 of
the Convention defined the term “gender-based violence and harassment” as
“violence and harassment directed at persons because of their sex or gender, or
affecting persons of a particular sex or gender disproportionately, and includes
sexual harassment”15, meaning that gender-based harassment and violence, in
particular sexual harassment should be included in the forms of harassment
and violence in the world of work.
Harassment and violence in the world of work, reflected in the international
labor instruments and their legal aspects had been incorporated into the
national legislations. Law on the Promotion of Gender Equality prohibited
gender-based discrimination and sexual harassment in the social, economic,
legal and family spheres, and obliged government and non-government
organizations, businesses and employers to create working conditions free
from such harassment and violence. Paragraph 5.3 of Article 5 of the Labor
Code16 was amended into “An employer shall exercise rights and responsibilities
provided in the Law on the Promotion of Gender Equality”, and a clause that
says, “An employee shall exercise rights and responsibilities set out in the Law
on the Promotion of Gender Equality” was added to Article 6 of the Labor
Code. revised Labor Code, which into effect in 2022 defined newly the term
“sexual harassment and violence”, and reflected regulations pertaining to the
prevention and elimination of any harassment and violence in the world of
work.
With reference to the ratification of the revised Labor Code, some
legislations, including the Law on the Promotion of Gender Equality and the
revised Law on Civil Service had been amended, and previous regulations in
these laws pertaining to gender-based harassment, violence and discrimination
had been extended with clauses that prohibit any harassment and violence in
the world of work.
Article 7.2 of the Labor Code specifically defines the acts of putting
conditions or threatening to withhold such economic and other benefits as work,
positions and remuneration depending on sexual relations as forms of sexual
harassment, though aside from sexual harassment, “economic and material
harassment” tends to manifest as an independent form of harassment in the
labor and employment relations. Of respondents to the Study on awareness
and knowledge on and situation of harassment and violence in the world of
work 16.2 percent replied that they are subjected to economic harassment and
violence in the world of work. It is related to established traditions or causes
15 Violence and Harassment Convention No.190 of ILO.
16 <https://legalinfo.mn/mn/detail/565>

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such as giving donations or aid to someone, or celebrating anniversary, etc.,

which in turn pose economic hardships and hindrances in the life of individuals.
The notion of gender-based violence, a serious form of harassment and
violence in the world of work, had not been reflected in Article 7 of the Labor
Code, but the fundamental principle of prohibiting harassment and violence in
the labor and employment relations, specified in Article 4.8 of the Law on the
Promotion of Gender Equality and Article 5.1.3 of the Labor Code applies to
everyone engaged in employment in formal and informal sectors.
It is stated in Article 7.6 of the Labor Code that perpetrators of harassment,
violence and sexual harassment in the world of work should be liable under
the Law on Infringement and the Criminal Code, and an imposition of such
sanctions should not constitute a ground to waive disciplinary sanctions against
the perpetrator. This provision applies to an administrative violation or crime,
and any harassment and violence in the world of work is not considered as
violation or crime. It has already become the norm to impose moral sanctions
on employees and officers who committed harassment and violence in the
world of work. In case the actions or inactions of a perpetrator exceeded the
extent of moral breach, disciplinary sanctions are imposed on the perpetrator
in accordance with the labor legislation. It can be concluded that legal sanctions
to be imposed on perpetrators of harassment and violence were reflected in
the legislations, however, since such actions and inactions were not recognized
as offense or crime by the Law on Infringement and the Criminal Code, it’s
impossible to impose criminal sanctions or liabilities.
Labor Code ensured the right of employer and the representative of
employees to conclude collective agreement, and specified relevant relations. It
is stated in Article 34 of the Labor Code that territorial collective agreements
may include and provide for the implementation of provisions related to the
enjoyment of the basic rights and principles listed in Article 5.1 of this Code for
self-employed persons, herders, members of partnerships and corporations,
and workers in the informal sector. In addition, it is possible to reflect in the
sectoral and inter-sectoral collective agreements and organizational collective
contracts the particular provisions related to creation of working environment
free from harassment and violence in the sector, organization or company.
According to Article 54.1.1 of the Labor Code, an employee has a right to
refuse to perform work and duties in conditions that might potentially threaten
the employee’s or third parties life and health. This provision allowing the
refusal to perform work and duties is the new regulation that had not been in
the old Code.
Fundamental legal provisions on the prohibition, prevention and elimination
of harassment and violence in the world of work are reflected in the Labor
Code and other legislation as follow:
It is stated in the Law on Primary and Secondary Education, “Provide
knowledge and communications skills to resolve any offense via non-violent

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way and protect oneself from any risks” as one of the purposes of primary
education.17 Like the above, the amendment had also been made to the law
in 2016, stating one of the goals of basic education contents as, “to teach
skills and improve capacity…to prevent from violence and to learn to protect
oneself”.18 Such knowledge and skills would encourage children to be aware
from an early age of harassment and violence, and to learn to prevent, escape
and protect themself from such situations. The Law obliges the director of
secondary schools to take measures to prevent students from exposure to
potential risks such as crime and breach in the vicinity of the school, to monitor
and take actions to prevent violation against child rights; and obliged teachers
to detect and inform to the relevant organization the children who could
potentially be exposed to violence, and provide support for children to get
involved in services provided by law. One important significance of this Law
is that it directs certain part of educational and training activities towards
bringing up kids from an early age with a view that harassment and violence
are illegal and improper.
Law on Health19 provides that the state should be liable for the payment
for health, and mental rehabilitation services and supports to be provided for
victims of physical and sexual violence and exploitation. It shows that the law
provides protection to the victims of harassment and violence in the world
of work, and measures to remedy and rehabilitate physical and psychological
damages.
Law on Anti-Corruption20 prohibits harassment and pressure by the
third party (including managing and executive officials of state political,
administrative and special services) on execution of duties by officers of anti-
corruption organization. The third party, specified in Article 7.1.1 of the Law
refers to those holding managing or executive position in the public service,
who should perform duties by balancing public and personal interests. Like
this, most sectoral laws that apply to specific civil services contain provisions
keeping civil servants free from harassment and violence and obliging them not
to commit harassment and violence to citizens.
Law on Mental Health21 regulates relations pertaining to determination of
state policy and principles on protection of public health, and prevention of
mental disorders; protection of human rights of persons with mental disorders;
provision of support for such persons to get engaged in socio-economic
relations and to be independent; and insurance of conditions for them to
get psychological aid. Though it does not directly regulate matters related to
harassment and violence in the world of work, the Law applies to the relations
17
Subparagraph 5.1.5 of Article 5 of the Law on Primary and Secondary Education
18
Subparagraph 6.1.4 of Article 6 of the Law on Primary and Secondary Education
19
Subparagraph 24.6.8 of Article 24 of the Law on Health.
20
Law on Anti-corruption.
21
Law on Mental Health

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of providing psychological aid and support services to those experiencing

emotional, behavioral and mental suffering due to harassment, violence, and
sexual harassment in the world of work. Also, it can be viewed that creation of
working environment free from harassment, violence and sexual harassment
by the employer is one of the important forms of protecting the mental health
of their employees by letting them to work peacefully.
Specific provisions of the Law on Victim and Witness Protection22 may apply
when it is stated in the Criminal Code to recognize some harassment, violence,
and sexual harassment in the world of work as an crime with reference to the
harm, consequence and frequency (regular, constant) of perpetrator’s action
or inaction. This Law applies when protecting life and health and providing
necessary support and aid to victims and witnesses of a crime committed as
harassment and violence in the world of work, and the protection comprises
of safety insurance and psychological protection.
It is stated in the Law on the Legal Status of Lawyers that the state should
be responsible for the charges for advocacy provided to indigent persons23 and
this provision applies when an indigent person, who had been subjected to
harassment, violence or sexual harassment in the world of work, goes to the
police or court for compensation or remedy.
Within its functions to promote and disseminate human rights education,
to protect human rights and freedoms, and to monitor the implementation,
the NHRC receives, reviews and resolves within its power the complaints on
harassment, violence and sexual harassment in the world of work. 24
Law on Infringement25 states “For expressing verbally, physically or in other
forms the intent to conduct sexual act, causing consequences in others’ job,
position, reputation, dignity, property and psychology, a person shall be fined
by tugrugs equal to 1000 units, or charged with compulsory enrollment in a
training, and a detention of 7-30 days”, and “If an employer fails to fulfill
the responsibility of incorporating in the internal procedures the norms and
standards for prevention of sexual harassment in the world of work and
complaint redressal process, a legal entity shall be fined by tugrugs equal to
1500 units”. The Law incorporates no provision to recognize harassment and
violence in the world of work and other forms of violence as infringement.
If an employer fails to fulfill obligations related to Article 7 of the Labor
Code, there isn’t any clause on recognizing it as an administrative offense and
imposing punishment. Regulations of the Labor Code concerning harassment
and violence are left unprotected by the Law on Infringement. It is because on
22
Law on Victim and Witness Protection.
23
Subparagraph 45.1.11 and paragraph 45.2 of Article 45 of the Law on the Legal Status of
Lawyers.
24
Subparagraphs 7.1.5 and 7.1.6 of Article 7 of the Law on National Human Rights Commission
of Mongolia.
25
Paragraph 6.26 of Article 6 of the Law on Infringement.

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one hand the revised Labor Code had come into effect, and on the other hand,
particular amendments are not made to the Law on Infringement and the
Criminal Code in accordance with the revised Code. It is stated in Article 7.6 of
the Labor Code that perpetrators of harassment, violence and sexual harassment
in the world of work should be liable under the Law on Infringement and the
Criminal Code, and an imposition of such sanctions should not constitute a
ground to waive disciplinary sanctions against the perpetrator.
Law in Infringement Procedure26 regulates relations pertaining to inspection
and resolution of action or inaction of a person, who violates the Law on
Infringement. The Law established the scope of inspection of an authorized
body in charge of infringement inspection, and defined which infringement
case refers to which body. According to this Law, offenses of sexual harassment
had been referred to the criminal court; infringement by an employer, who
fails to fulfill the responsibility of incorporating in the internal procedures the
norms and standards for prevention of sexual harassment in the world of work
and complaint redressal process to the state specialized inspector; and physical
offenses to the police. Article 5.3 of this Law recognized beating without any
physical injury or physical attack form of harassment and violence in the world
of work as an administrative infringement. In case the amendment to the Law
on Infringement is made to recognize harassment and violence in the world of
work as offenses as mentioned above, such form of harassment and violence
committed in the labor and employment relations should be referred to the
respective bodies under this Law. But it is just one form of harassment and
violence in the world of work, and it can be viewed that its other forms are left
unrecognized. Because other forms of harassment and violence in the world
of work are not recognized as offenses by the Law on Infringement, broader
inspection and investigation of more forms of harassment and violence in the
world of work had not been reflected in the Law on Infringement Procedure.
It is stated that a prosecution body should protect and prevent violation
s of human rights and freedoms, and public interests, and take measures to
recover violated rights when performing its functions27, and the Law established
infringement case registration as one form of prosecutor’s inspections. If
certain forms of harassment and violence in the world of work are recognized
as administrative offense by the Law on Infringement, and inspection of such
offenses are provided by the Law on Infringement Procedure, the prosecution
body shall inspect such cases.
According to the Law on Infringement, a failure of an employer to fulfill
the obligation to incorporate in the internal procedure the matters concerning
harassment and violence in the world of work constitutes an administrative
infringement. Under the Law on Infringement Procedure, such administrative
26
Law on Infringement Procedure.
27
Paragraph 5.1 of Article 5 of the Law on Prosecutor.

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infringement, in particular the failure to incorporate in the internal procedure

the prevention of harassment and violence in the world of work and procedures
for complaint filing should be inspected and reviewed by the state inspector
specialized in labor matters. Structure, power, rights, general provisions and
procedure for conducting inspection, rights and guarantee of rights of state
inspector is established and regulated by the Law on State Inspection28. Labor
inspection is regulated by specific procedures based on its features. The rights
and duties of a state labor inspector had been stipulated for the first time by the
revised Labor Code. As provided specifically in Article 162.3.7 of the Code, the
state labor inspector is responsible for inspecting whether a work environment
is free from discrimination, harassment, violence and sexual harassment.
The Civil Code stated that a legal person who caused damage to others’
rights, life, health, dignity, business reputation or property deliberately or due to
negligent action (or inaction) should compensate for that damage.29 This clause
applies to a case of rectifying damage, incurred due to exposure to harassment
and violence in the world of work, and workplace sexual harassment. Also,
the Code30 stipulates, “If an employee causes damage to other party in the
course of discharging his or her duties under a labor contract and as a result of
fault action (inaction), the employer shall be liable for that damage”, and “If
a government official causes damage to other party as a result of a wrongful
decision or other form of misconduct (inaction), the administrative bodies that
employs the officer or the state shall be liable for the damage unless otherwise
provided by law.” Thus, damages arising from committing harassment and
violence to others by a civil servant in the course of performing duties may be
borne by the state.
The Law on Advertisement establishes general requirements for producing
advertisement; prohibits advertisement that frightens or incites citizens to
violence and pornography or may trigger actions or activities causing danger to
human life, health and safety;31 and states that advertisement that discredits
other’s honor, merit and business reputation should be considered illegal.32 The
above clauses of this Law could be used in labor and employment relations.
The Criminal Code of 2015 that recognized the “exertion of sexual
harassment” as crime, was nullified in 2017, and it has not been reflected in
the Criminal Code whether to recognize as a crime an action (or inaction)
that constitutes harassment and violence in the world of work or intentionally
or deliberately inflicts damage (life, health, mental) to others by constantly
inflicting harassment and violence in the labor and employment relations. It
is stated in paragraph 1 of Article 12.1 of the Criminal Code, “the act against
28
Law on State Inspection.
29
Article 497 of the Civil Code.
30
Paragraphs 498.1 and 498.2 of Article 498 of the Civil Code.
31
Subparagraph 6.5.7 of Article 6 of the Law on Advertisement
32
Subparagraphs 7.2.2, 7.4.6 of Article 7 of the Law on Advertisement.

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victim's will using force, threat or taking advantage of a situation, in which the
person is not capable of initiating resistance due to mental illness, drunken or
drug addicted statement or other disease condition, or use of force to engage
into sexual intercourse using victim's state of material, occupational or other
form of dependence, or forceful act of sexual nature shall be punishable by
imprisonment for a term from one to five years”33 and “if during the act to
engage in sexual intercourse the victim's consent there happened an immoral
satisfaction of sexual desire in form of coercion, threat, intimidation or mock
against victim's will, it shall be punishable by imprisonment for a term from six
months to two years.” Article 12.3 of the Code stipulates, “The act involving the
use of physical force, or threat or taking advantage of the defenseless state of
the victim; or forced to engage into sexual intercourse with other persons not
limiting free travel right but using victim's state of material, occupational or
other form of dependence shall be punishable by imprisonment for a term
from one to five years.”
Law on Occupational Safety and Hygiene34 defines state policy and
general principles for occupational safety and hygiene, and regulates relations
pertaining to management and monitoring systems of state organizations,
fulfillment of requirements and standards for occupational safety and hygiene
at workplace and creation of safe and hygienic work environment for employed
citizens. As defined in Article 3.1.1 of the Law, the term “occupational hygiene”
means activities related to preventive measures taken against getting sick and
losing ability to work either partially or completely due to physical and mental
changes caused by chemical, physical and biological factors in the course
of employment. Not only chemical, physical and biological factors, but also
behavior, communications and attitudes of colleagues, clients and customers
directly impact the course of employment of an individual (the impact may
have either negative or positive outcome). One form of such impact with
negative outcomes is harassment and violence in the world of work. A creation
of favorable working conditions for an employee to be mentally peaceful and
calm when performing the work is the impact with positive outcome. Therefore
it is important to include behavior, attitude and actions that would manifest in
the course of interpersonal communications in the psychological factors in the
interpretation of the term “occupational hygiene” in this Law, and there is no
such factor reflected in the existing law.
State of harassment and violence in the world of work

To survey prevalence, forms and causes of harassment and violence in
the world of work in the private and public sectors, and complaint redressal
mechanisms, the NHRC had the “Survey on the state of harassment and
33
Criminal Code.
34
Law on Occupational Safety and Hygiene

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violence in the world of work” conducted in 2021.35 A total of 3335 individuals

were involved in the survey, of whom 1558 were from the capital city and 1777
from rural areas. About 1764 participants represented the public sector, 1180
represented the private sector, 391 represented non-governmental organizations
and informal sector, and of total respondents, 2163 were female, 1170 were
male and 2 were non-binary.
To the question of how they perceive harassment and violence in the
world of work, 84.8 percent of public servants, 86.5 percent of private sector
representatives, 83.2 percent of local respondents and 88.3 percent of capital
city participants responded that they perceive it as a human rights violation.
According to the complaints lodged to the NHRC and Civil Service Council
and responses to the interview questionnaires, they perceive non-realization of
court decisions, high work pressure, lack of assistant workers, alcohol addiction
of parents of kindergarteners, and difficulty in finding wives for local herders
as harassment and violence in the world of work, which shows inadequacy of
knowledge and awareness on the subject matter.
Figure 3.1 Knowledge and awareness of harassment and violence in

the world of work
Ulaanbaatar Rural area Government Private sector Total

organization
That exist Human rights violation Don't know
Case 3.1
...Not executing the court decision on returning to the post, our human resource
manager contacted me by phone on 17 September 2020, and told me, “you are
returned to your previous post”, but I couldn’t get there at once so I went there after
3 days. When I got there, I was told, “you can’t return to your previous post, you
will be employed as a psychiatrist”, and let me work at the teachers’ preventative
check-up. At around 16:40 of that day, HR gave me a notice, and told me, “you
don’t come to work starting tomorrow” …
(From citizen U’s complaint lodged to the NHRC)
35
Visit NHRCM’s website (nhrcm.gov.mn) to see the report of the ILO supported survey.

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Case 3.2
...I work in the civil service. Because of calling for the management for having
personal interest, which the civil official at the management position should not
have, and not getting on with the unethical and unfair actions of the managements
that promise position to officers, create situations beneficial to themselves,
disfunction the organization, and slander others, I suffer until today. My salary
had been reduced by 15 percent for 2 months under the Order No.B/20, dated 23
August 2018. When I was pregnant with two months, a decision had been made to
dismiss me...
(From citizen A’s complaint lodged to NHRC)
Harassment and violence in the world of work manifest in the forms such
as verbal insult, defamation, physical attack, economic and sexual harassment,
psychological harassment, etc., causing the victim to suffer depression,
property damage and loss of dignity at work or among professionals. Around
40.9 percent of respondents to the survey replied they had been subjected
to verbal insult, 37.5 percent to psychological harassment, 16.2 percent to
economic harassment, and 8.7 percent to physical harassment and violence. It
is common to consider verbal insult and psychological harassment as the same,
but verbal insult usually includes cursing, scolding by using offensive words,
mobbing, and mocking, and sometimes by using positive words and phrases,
it may result in mental depression.
Of overall respondents, 15-18 percent replied that they are subjected to
any form of harassment during work hours, 14-17 percent during “off-work”
hours, and 7-20 percent “anytime” or during both on and off-work hours.
Employment and labor relations do not include the employment of a person
by an employer alone, but training for jobs, seeking and applying to jobs,
and self-employment and working for others. Furthermore, it involves any
employees in not only formal sector but also in informal sector, and the third
party, who communicates with and buys from the employee the products and
services. Provisions concerning harassment and violence in the world of work
apply to not only work hours and workplaces, but also to non-work hours
(public events) and official trips.
These provisions also apply to and protect not only officers and officials,
but also the third party (customer, client, partner) who has a relationship with
them, officers and officials of companies and entities, and individuals, job
seekers, applicants, and trainees in job-related training.
About 75 percent or 3 out of every 4 persons in the private sector and
25 percent of the public sector replied that harassment and violence take
place usually “in the harasser’s office or room”. Of public sector respondents,
55.4 percent responded that harassment and violence take place “in the place

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provided by the employer or while working in rosters”. The highest or 79

percent of local respondents named “harasser’s room or office” as the place of
harassment, whilst 54 percent of respondents in Ulaanbaatar replied that they
get subjected to harassment “during work trips”.
About 75 percent of women replied they get subjected to the management’s
harassment, while men replied they are exposed to harassment by all stakeholders
in the labor and employment relations (33.8 percent), by co-workers (27.8
percent), and by the third parties (34.2 percent).
Of overall persons affected by harassment and violence in the world of
work, more than 90 percent or 9 out of every 10 persons do not file complaints.
Only less than 2 percent of those, who filed their complaints, could get their
complaints resolved, whereas 5 percent could not.
More than half or 53 percent of the respondents to the survey on awareness
and knowledge of and situation of harassment and violence in the world of
work defined the best solution for preventing harassment and violence in the
world of work as “operating a “box” for receiving complaints on harassment
and violence in the world of work and workplace sexual harassment and adopt
complaint resolution procedure within the internal corporate norms”, 30-40
percent as “increasing the channels for preventing harassment and violence in
the world of work and workplace sexual harassment, and providing training
and advices” and 12-15 percent as “having an officer in the organization in
charge of providing assistance and counseling to the victims of harassment and
violence in the world of work and workplace sexual harassment”.
Figure 3.2 On exposure to harassment and violence in the world of

work

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Case 3.3
I took my pregnancy and maternity leave on …November 2019 while I was employed
as an officer in charge of youth development center’s participation and cooperation
matters at the Authority for Family, Child and Youth Development Center. On …May
2020 I requested to go back to work, but could not get back. Then on …July 2020, I
was told, “You can’t go back to your job, because someone else is hired permanently
on the post, your old post is no longer exists, and the order is released to employ
you as a social worker at the shelter without reducing your salary”, so I said I would
not accept it...
(From citizen A’s complaint lodged to the NHRC)
Case 3.4
...A branch of the pharmacy where I work had been liquidated, and I was dismissed
due to downsizing. But the order of dismissal had not been handed to me. When I
demanded my order of dismissal from the branch director, they sabotaged me by
saying that the order of dismissal and pregnancy leave note would be signed after
I pay off the outstanding medicine cost of MNT 2,600,000...
(From citizen B’s complaint lodged to the NHRC)
Two out of every 3 respondents get information on harassment and violence

in the world of work from social media networks. It would be effective if
information on types, forms, and negative impacts of harassment and violence
in the world of work, and dispute resolution options are broadcasted via
social media networks in a regular, simpler and fact-based way. Training and
awareness raising activities organized by employers is insufficient or 16 percent
of respondents replied such training had been provided and it is due to lack
of the legal framework that requires to organizing training on harassment and
violence in the world of work.
Two out of 5 persons or 40.4 percent of respondents replied “don’t know”
and 27.6 percent responded “none” when asked if there were any provisions on
harassment and violence in the world of work in the internal labor procedure
and regulations.
On harassment and violence in a form of verbal insult: Around 45.8 percent

of respondents from Ulaanbaatar, and 36.3 percent of local participants, 41.1
percent of representatives of the private sector, and 40.8 percent of the public
sector are “verbally insulted”. About 39 percent of male respondents and 42
percent of female respondents replied that they were subjected to “harassment
of such form”.

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Only 10 percent or one out of every ten respondents, who replied that they
had been exposed to verbal insult, lodged their complaints. Of the respondents
who filed complaints, 3.6 percent were male, and 12.7 percent were female.
About 11.7 percent of local respondents and 7.6 percent (relatively low) of
capital city respondents filed complaints on such forms of harassment and
violence. Of public sector respondents, 92.4 percent and of private sector,
88.4 percent do not file any complaints at all. To the multi-choice question
concerning in what form the respondents had filed their complaints, more than
50 percent of them responded “in oral”, 19.1 percent “in writing”, and 36.7
percent or 1 out of every 3 persons “in other forms”, which includes the use
of social media, etc.
When asked whether the respondent committed harassment and violence
in the world of work in the forms of verbal insult, libeling and defamation
against others, 6.4 percent replied “yes” and 13 percent replied “do not know”.
Figure 3.3 On exposure to harassment and violence in the world of

work in a form of verbal insult
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No Don’t Know
Figure 3.4 Complaint filing in relation to exposure to harassment and

violence in the world of work in a form of verbal insult
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No

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Case 3.5
...While conducting inspections in organizations, some harass me by saying, “who

do you think you are? Will have you fired”, etc. when I say there is a breach, or they
demand through our director another conclusion. Is it a form of harassment? Can I
file a complaint about it?
(Official of public support service, local, 44, female)
Case 3.6
...For 25 years, I work in the civil service. Since 2016, I have been exposed to
harassment and pressure, suffered psychological damage and had my right to
employment violated. The Head of the Secretariat had been calling me to his room
since he was appointed, and harassed and threatened me several times by saying,
“So you go to the court a lot, huh? I won’t work with you. Hand over your resignation
letter. I don’t care about you getting any pensions or not. If you don’t hand over
your letter of resignation, you might be left without pension or benefit”.
(From citizen J’s complaint lodged to NHRC)
On psychological harassment and violence: Psychological harassment is a

form of harassment and violence in the world of work as it is not visible, yet
it leads to unpleasant situations by causing pain in the mind of an employee,
officer and worker, and creating agitation. It manifests hand in hand with
other forms of harassment and violence in the world of work.
Case 3.7
...There is too much intimidation and pressure inflicted by the employer. For example,
it feels uncomfortable to work under camera control. Camera footage is are used for
sanctioning us for using our phones. Anything can happen in life. Such requirements
seem too much when things become digital.
(Officer of public support service, Ulaanbaatar, 20-29, male)
Case 3.8
...I felt intimidated and pressured as O, Chief of … khoroo of Khan-Uul district had
been warning me during one-on-one meeting, ”Since you are not a member of our
party, you will be dismissed, because several officers among the colleagues demand
so”. I am disappointed for discriminating on the basis of political party affiliation
and dismissing the employee, who was under treatment after the Covid-19 test
came positive.
(From citizen M’s complaint lodged to the NHRC)

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And 41.1 percent of the representatives of the private sector, and 40.8
percent of public sector are “verbally insulted” in the world of work. Around
39 percent of male respondents and 42 percent of female respondents replied
that they were exposed to verbal abuse.
Case 3.9
...The management would say, “Nonsense!”, “Who do you think you are!?” or “Who
are you?” when I express my views or say something against what the management
do.
(Employee of the state-owned enterprise, Ulaanbaatar, 30-39, female)
In Ulaanbaatar, almost 1 out of 2 persons or 44.9 percent get subjected

to psychological harassment in the world of work. In local areas a relatively
low or 1 out of 3 persons (30.9 percent) get exposed to such harassment and
violence. Only 7.8 percent of women and 5 percent of men filed complaints,
and of total complaints, 26.1 percent had been filed in writing, 75.8 percent
verbally or in a form of mentioning.
Of respondents, only 3.5 percent replies “yes”, 15.3 percent replied “don’t
know” and 81.2 percent said “no” to the question of whether the respondent
had committed mental harassment against others. There is no significant
difference between public and private sector representatives in local areas and
in Ulaanbaatar.
Figure 3.5 On exposure to mental harassment in the workplace
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No Don’t Know

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Figure 3.6 On complaint filing
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No
On physical harassment and violence: According to the research findings,

physical harassment and violence in the world of work is relatively low as
compared to other forms. Of total respondents, 8.7 percent replied “been
affected” and 3.6 percent replied “don’t know”. About 83 percent of
participants did not file complaints, whereas 17 percent did. Of those who filed
their complaints, 23 percent were local employees, 13 percent were employees
in Ulaanbaatar, about 20 percent were in the private sector and 14 percent
were in the public sector. Twice more or 21 percent of women filed their
complaints as compared to men.
Figure 3.7 On exposure to physical harassment and violence

Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No Don’t Know
Figure 3.8 On complaint filing

Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No

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Case 3.10
...Since becoming the soum Governor, he treated me like a dirt in his eyes, and
blocks my work. He tried twice to punch me…
(From citizen O’s complaint filed to NHRC in 2020)
Case 3.11
...While teaching, he suddenly shouted loudly at me, saying he was entitled to expel
me and told me to get out and dragged me by tightly pinching my left wrist. When
I was sitting behind a desk, he came pushing and pulling the desk, hitting my knees,
and verbally insulted me saying “less of a man is above a woman”, making me feel
awkward among the public.
(From the Court decision No…)
On economic harassment and violence: This form of harassment restricts

individual’s rights in the world of work, including the right to a fair evaluation of
labor, to equal remuneration for equal work, to administration of remuneration,
and to be promoted to a higher post or position; and removes guarantee for
life source. The following survey findings show the prevalence of such forms
of harassment and violence.
About 16.2 percent of the respondents replied that they are subjected to
economic harassment and violence in the world of work. By sector, 19.5 percent
replied such harassment and violence are committed in food, food production
and services (restaurant, karaoke, bar, night club, etc.), and 24.6 percent
named the sector of hotel, recreational areas, and tourism services.
Of such forms of harassment and violence, 19.6 percent had been
committed in Ulaanbaatar which is 6.4 percent higher than that in local areas
(13.2 percent). As per gender, harassment and violence against men is 17.3
percent, which is 1.6 percent higher than that against women (15.7 percent).
By sector, economic harassment and violence committed in the public sector
account for 13 percent and 20 percent in private sector. About 8 percent of
respondents replied “don’t know or unaware of economic harassment and
violence”.

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Figure 3.9 On exposure to economic harassment and violence in the

world of work
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
Yes No
Case 3.12
...When I was first hired, it was concluded in the contract that the basic salary of
the herder would be MNT400,000 and an additional salary should be provided
depending on the number, age and gender of the cattle. But they never provide full
salary, always paid less.
(From the Court Decision No....)
On sexual harassment and violence in the workplace: Majority or 83.7

percent of the respondents to the survey on harassment and violence in the
world of work recognized sexual harassment and violence in the world of work
as “human rights violation”, whilst 14.8 percent replied “don’t know”. About
20 percent of men and 12 percent of women replied they “don’t know” about
sexual harassment and violence in the world of work. It implies that 1 out of
every 5 men, and 1 out of every 10 women are unaware of it. Around 18.1
percent of local respondents and 11.1 percent of respondents in Ulaanbaatar
replied “don’t know”.
Of the respondents, 10 percent of women and 2.8 percent of men responded
that they were exposed to sexual harassment and violence in the world of
work in any shape or form. To this question, 4.3 percent of employees in the
public sector and 11.1 percent of those in the private sector replied “yes”. Of
respondents, 83.2 percent replied that they did not file complaints.
In the private sector, employees in tourism, hotel, pub, restaurants and
karaoke are exposed more to workplace sexual harassment, followed by those
in health, physical training and sports industries. Inappropriate physical touch,
getting too close, sticking to, stroking, and cornering, asking questions of
sexual nature, saying sexual jokes, making sexual sounds and movements had
been named as the most common forms of workplace sexual harassment. Of
the respondents, 6.3 percent said that sexual harassment is committed on the

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basis of mistake or breach committed by the employee by taking advantage of

the weakness of the victim. About 7.4 percent of respondents replied they had
become victims of the form of sexual harassment that promises to increase
their salary or promote a position.
Figure 3.10 Awareness, knowledge and attitude on harassment and

violence in the world of work
Total
Rural area
Ulaanbaatar
Private sector
Government
organization
Male
Female
That exist Human rights violation Don't know
Case 3.13
...I don’t like it when people call colleagues “Nice mane” or “pretty.” They send me
on business trip without even telling me. They want to take me to karaoke and when
I refuse they say “you sing nice” and pressure me to go with them. They put me in
awkward situation by hugging and pulling me to sing with around other colleagues.
When I am with colleagues or after work, they call me and talk non-work-related
things. If I don’t answer, I am afraid my wife would get it wrong and it causes an
uncomfortable atmosphere around family. Although it’s obvious that she hits on
me, I can’t do anything because she is my manager. Things like this tend to affect
family relationships.
(Officer in the banking and financial organization, Ulaanbaatar, 30-49, male)
Complaints and reports on harassment and violence in the world of work,

and their redressal
Complaints and disputes settled by the court: Of court resolutions on labor
dispute for the period 2018-June 202136 23 court decisions referring to 19
claimants had been sampled for the survey. The claimants had not reflected
the exposure to harassment and violence in the world of work in the complaint
reasoning, because there is no provision in the law that states to resolve such
disputes and complaints by the court.
36
Court decisions sampled from the website <https://www.shuukh.mn/> .

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As per the reasonings, 15 of the above-mentioned 19 claims are required

to be appointed back to the post since the employee had been fired without
any grounds, 2 claims required to nullify decisions imposing sanctions because
such disciplinary sanctions were groundless, and demanded compensation for
property damage incurred in the course of performing duties to restore the
reputation or restore the rights that had been violated in the course of labor
and employment relations.
Restoration of reputation does not constitute a labor dispute; however it
has been mentioned in the statement of witnesses-employees in the decision
of the court of first instance that the employer had harassed employees and
interrupted their exercise of the right to association.
Case 3.14
...Co-workers of B, who had been fired under Order No…, issued by the CEO of …
LLC on … 2018, mentioned several times in their statements that B had given false
information to deliberately hide workplace accidents often communicate aggressively
with new recruits and make unpleasant fun of others.
(Analysis of the court decisions)
In this case, the court did not deny the provision on termination of
employment contract in the employment contract established by and between
the complainant and the employer, in case the employee commits a serious
breach, including communicating improperly, harassing and committing an
attempt of violence to co-workers and the direct supervisor, however the court
decided that it would not be of use in dispute resolution since the statute of
limitation has expired to impose punishment on it.
Case 3.15
...B, who was employed at a joint venture company, filed a complaint to the court,
claiming he has been fired without legal grounding, and he should be employed back
to his job. As the court decision implies, B has sexually harassed a colleague. The
victim lodged a complaint to the NHRCM. After reviewing the victim’s complaint,
NHRCM transferred the case to the Ethics Committee of B’s employer since there
were potential grounds. The Committee reviewed the complaint, investigated and
established that such breach had been committed, and suggested the management
to “impose punishment and fire” B. The court established the termination of
employment contract as legally grounded.
(Analysis of the court decisions)

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Harassment and violence in the world of work had not been the independent
reasoning in complaints referred to the court, however it has been determined
during the court proceedings and reviews that the causes and intents of such
complaints had certain connections with harassment and violence. Of these
surveyed complainants, 4 complainants referred to the NHRC prior to going to
court and NHRC sent demands to the management of employers.
It is common in court practices that an employee files a complaint to
the court claiming that he/she had been fired illegally and he/she should be
employed back to the job after they submit their letter of resignation and
terminate the employment contract at their initiative. Under the Labor Code,
both parties exercise the right to initiate a termination of an employment
contract. Nevertheless, since an employer happens to have superiority in the
employment contract relations, it is also common that employers to force
employees to submit their letters of resignation. In the interpretation of some
provisions of the Labor Code, released in 2001 and 2006 when the Supreme
Court was entitled to provide such interpretations, it says, “Termination of
employment contract at the initiative of the employee refers to the employee’s
discretion based on his/her will. It shall be considered illegal if the employer
forces and pressures the employee to sign a letter of resignation”. This
interpretation is not applicable today, however its legal contents are considered
reasonable.
Complaints and disputes resolved by the Civil Service Council: For the period
between 2020 and September 2021, a total of 11 complaints related to 26
officials were filed to the Civil Service Council by 22 citizens. These complaints
were mainly about harassment and violence in the world of work, including
verbal insults, threatening to fire from the job, pressuring to leave the job for
pensions, physical attacks, and pushing to resignation by increasing workloads
and leading to burnout.
Of defendants of complaints related to harassment and violence in the
world of work, 4 were public support service employees, 19 were public
servants holding public administrative positions, 1 was a politically appointed
civil servant, and 2 were public servants holding special state service positions.
Civil Service Council returned 2 complaints to the complainants, deemed 4
complaints as groundless, transferred 2 complaints to the higher authorities,
investigated 1 compliant and submitted to the official authorized to appoint
and dismiss the officer a notice on firing an officer on the ground of infliction
of harassment and violence in the world of work.
Complaints resolved by the Prosecutor: Three out of 12 complaints in 2020
and 8 out of 20 complaints in 2021, received by the prosecutor’s organization
were about sexual harassment and violence in the workplace.
The prosecutor nullified 2 of 3 complaints of 2020, and instituted an
infringement case on 1 complaint, deeming that the employee had sexually

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harassed the third party while performing official duties, and referred the case
to the court. The court imposed administrative punishment in accordance with
the Law on Infringement.
Eight complaints of 2021 were related to sexual harassment in the workplace
inflicted by the management to the applicant to a job, by a teacher to a
student, by an employee to a colleague, and by the employee to a customer
or the third party. Of these complaints, 1 had been nullified and 7 had been
referred to the court for resolutions.
Of total 790 complaints and reports, lodged by citizens to the NHRC in
2020, 131 or 16.5 percent and of 1188 complaints and reports, lodged in 2021,
246 or 20.7 percent were related to employment rights violations. Complaints
and reports related to exposure to harassment and violence in the world of
work account for 43 in 2020 and 126 in 2021, and those related to exposure to
workplace sexual harassment counted 5 in 2020 and 12 in 2021.
Table 3.1 Complaints and reports submitted to NHRC

2020 2021
Right to free choice of
29 22.1 % 44 17.8%
employment
Right to favorable conditions of
19 14.5% 25 10.1%
Right to employment
work
Right to remuneration 24 18.3% 34 13.8%
Right to rest 4 3.05% 0 -
Right to private enterprise 6 4.5% 1 0.4%
Right to freedom from forced
1 0.76% 4 1.6%
labor
Harassment and violence in the
43 32.8% 126 51.2%
world of work
Workplace sexual harassment 5 3.81% 12 4.9%
Total 131 16.5% 246 20.7%
In terms of the contents, the following had been mentioned in the

complaints: constantly harass and pressure to leave the job or submit the letter
of resignation; verbal insult; discrimination; physical abuse and attack (including
beating, kicking, etc.), sexual harassment by pestering female employees,
property harassment by demanding money and other items, harassment for
not having vaccine shots, suspecting for theft, framing and labeling as an
accused of different crimes and offenses, intimidating employees with videos
by installing cameras in rooms.
Defendants to the complaints of harassment and violence include officers
holding management level positions in public special, public administration
and public support services, and holding politically appointed positions, and
management in the private sector.

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For effective remedies for those, whose right to employment had been
violated, 14 demands in 2020 and 10 demands in 2021 had been sent to
government organizations and officials, for prevention from the violation of
right to employment, 3 recommendations in 2020 and 8 in 2021 had been
forwarded.
CONCLUSION
Progress had been made where the revised Labor Code reflected harassment
and violence in the world of work, which had not been fully covered by the
Law on the Promotion of Gender Equality, ratified in 2011, which provided
comprehensive measures to prevent and eliminate gender-based harassment
and violence (including sexual harassment) in all aspects of social life
Over 80 percent of respondents to the survey perceive harassment and
violence in the world of work as “human rights violation” without distinguishing
it from other violations in the labor relations. They don’t see harassment and
violation in the world of work such as verbal abuse, scolding and belittling of
an employee as a potential criminal offenses depending on conflicts, intents
and consequences of labor and employment relations, but as a fault in the
management approach and ethical or communications matter and therefore
protect and pander illegal actions by not filing complaints or not imposing
sanctions.
There is no provision in the Law on Infringement to recognize and
investigate harassment and violence in the world of work as infringement, and
the Criminal Code of 2015 which recognized “infliction of sexual harassment”
as a crime, had been nullified by the revised Code, ratified on 11 May 2017.
It has become impossible to recognize as a crime an action (or inaction) that
constitutes harassment and violence in the world of work or intentionally
or deliberately inflicts damage (life, health, mental) to others by constantly
inflicting harassment and violence in the labor and employment relations.
Article 7.1 of the Labor Code prohibits infliction of harassment and violence
in the in labor and employment relations by the third party, employees and
employers to each other in writing, physically, online or via any other shape
and form. However, there is no provision for protecting the victim exposed to
harassment and violence in the world of work, and sexual harassment, and
providing psychological, administrative and other necessary aid and assistance
to the victim, which means the victim or the employee, officer and the third
party is not fully protected by the law.
Paragraph 7.2 of Article 7 of the Labor Code specifically stated that promising,
putting conditions or threatening to withhold economic and other benefits
such as work, positions and remuneration depending on sexual relations is a
form of sexual harassment, and “property or economic harassment” that is
not connected to sexual harassment manifests independently in the labor and

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employment relations. For instance, 1 out of every 10 persons or 16.2 percent

of respondents o the survey on awareness and knowledge on and situation of
harassment and violence in the world of work replied that they are subjected
to economic harassment and violence in the world of work. It suggests that
this matter needs to be regulated by law or by the internal procedure of the
organization.
Of respondents, who were subjected to harassment and violence in the
world of work, 93 percent or 9 out of every 10 persons do not file complaints,
whereas less than 2 percent of persons, who filed complaints, had their
complaints redressed and 5 percent had not. It is stated in paragraph 7.3
of Article 7 of the Labor Code that the employer should be responsible for
reflecting in the internal labor procedure the provision for prevention and
elimination of harassment, violence and sexual harassment in the world of
work, and complaint redressal; and creating working environment of zero
tolerance to harassment, violence and sexual harassment. It is essential for
organizations and businesses to reflect in their internal procedure the ways to
sophisticate the structure by being quick and prompt and keeping confidentiality
when receiving, examining and resolving complaints; to enlighten parties and
to prevent harassment and violence in the world of work.
One out of every 2 persons or 45.8 percent of respondents to the survey
had been exposed to the form “verbal insult” of harassment and violence in the
world of work, 40.8 percent of women and 31.2 percent of men were exposed
to “psychological harassment and violence”. About 40 percent of the both men
and women in the private and public sector get subjected to “verbal insult”,
meaning that “verbal insult” and “psychological harassment and violence” is
committed more than other forms of harassment and violence.
Two out of 5 persons or 40.4 percent of respondents replied that they
don’t know if there were any provisions on harassment and violence in the
world of work in the internal labor procedure and regulations, and 27.6 percent
responded that there was no such clauses at all. It shows how insufficient the
regulations in the internal labor procedures on harassment and violence in the
world of work is.
Therefore, it is important to reflect on the internal procedures and policy
documents the provisions prohibiting verbal insult, defamation, libel, and
exertion of psychological harassment and violence by the management and
the employees in a way that is clear to employees; and incorporates particular
actions to cooperate with stakeholders in the prevention and elimination of
harassment, violence and sexual harassment in the world of work in the
collective agreements and contracts, important forms of social partnerships.
According to the analysis of court decisions, complainants required the
nullification of orders and decisions that dismissed them from work without
any grounds or imposed disciplinary sanctions on them, and restoration of

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dignity in their reasonings, and no specific complaint or claim had been filed on
exposure to harassment and violence in the world of work. It is because such
violations are not specifically stipulated in the law.
Since 2 out of every 3 respondents get information on harassment and
violence in the world of work from social media networks, It would be effective
if information on types, forms, negative impacts of harassment and violence
in the world of work, and dispute resolution options are broadcasted via social
media networks in a regular, simpler and fact-based way.
PROPOSALS
1. Increase participation of employees or other parties, who had known or seen
the harassment and violence in the prevention and protection of victims of
harassment, violence and sexual harassment in the world of work, and
accelerate operations and activities of Trade Unions and non-governmental
organizations;
2. It is essential for organizations and businesses to reflect on their internal
procedure the ways to sophisticate the structure by being quick and prompt
and keeping confidentiality when receiving, examining and resolving
complaints; to enlighten parties and to prevent harassment and violence in
the world of work.
3. Increase awareness of the people by broadcasting information on types,
forms, negative impacts of harassment and violence in the world of work,
and dispute resolution options via social media networks in a regular, simpler
and fact-based way.
3.3 SITUATION OF CHILD Labor

Analysis on policy and legal regulations on child labor and employment
International instruments, such as the 1924 Geneva Declaration of the Rights
of the Child, Declaration of Rights of the Child, adopted by the UN General
Assembly in 1959, the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, and the Convention on the Rights of the
Child recognize child as an independent legal subject, respect child rights, and
declared and guaranteed the protection of child rights.
For the period more than 20 years since Mongolia ratified the Worst Forms
of Child Labor Convention No.182 of ILO, the legal environment had not been
fully created to determine and eliminate the worst forms of child labor, and to
raise progressively the minimum age of children for admission to employment.
On the bright note, Mongolia implemented several policies and programs
and made some amendments to the legislation concerning the elimination of
the worst forms of child labor, but there have been cases where the most

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crucial concepts on the prohibition and elimination of child labor had been
left unimplemented as the programs had come to the end. Therefore, it is
concluded that Mongolia could not sufficiently fulfill its obligation “...to take
effective and immediate measures to prohibit and eliminate the worst forms
of child labor” under international instruments.
Article 3 of the Convention37 provides interpretation for the term “worst
form of child labor”, whereas paragraph 1 of Article 7 of the Convention states
to take all necessary measures to eliminate the worst forms of child labor, to
establish and apply penal sanctions, or other punishments.
Slavery and forms of slavery: Paragraphs 1 and 2 of Article 1 of the Slavery
Convention No.82, adopted on the 25th of September 1926 defined the terms
“slavery’ and “slave trade”. Paragraph (d) of Article 1 of the Supplementary
Convention on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices similar to Slavery38, adopted by the UN General Assembly on
7 September 1956 stipulates, “Any institution or practice whereby a child or
young person under the age of 18 years, is delivered by either or both of his
natural parents or by his guardian to another person, whether for reward or
not, with a view to the exploitation of the child or young person or of his
labor.”
It is defined in Article 3.1.1 of the Law on Combatting Trafficking in Persons,
“trafficking in persons” means...illegal act of recruitment, transportation,
transfer, harboring or receipt of persons by means of the threat or use of
force or other forms of coercion, of abduction, of fraud, of deception, of the
abuse of power or of a position of vulnerability or of the giving or receiving
payments or benefits to achieve the consent of a person having control over
another person for the purpose of … slavery or practices similar to slavery.
Also, according to paragraph 1 of Article 13.1 of the Criminal Code, “...with the
purposes of … taking in slavery and similar condition, removal of possessions
and organs, enrollment in forced labor by use of physical force …”, slavery
has been determined as the purpose of any crime. Definition of “slavery” and
provisions on imposing criminal sanctions had not been directly specified in the
legislation of Mongolia, rather they had been defined as s subjective part or as
37
It is stated in the Article 3 of the Worst Forms of Child Labor Convention, “the term “the worst
forms of child labor” comprise: (a) all forms of slavery or practices similar to slavery, such
as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including forced or compulsory recruitment of children for use in armed conflict; (b) the
use, procuring or offering of a child for prostitution, for the production of pornography or for
pornographic performances; (c) the use, procuring or offering of a child for illicit activities, in
particular for the production and trafficking of drugs as defined 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.”
38
Mongolia ratified this Supplementary Convention in 1968. See the Mongolian version at the
following link:
< https://legalinfo.mn/mn/detail/1291>

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a part of the purpose of the crime. It does not comply with the Conventional
definition of human trafficking as a form of slavery or practices similar to
slavery. Since the term “purpose for slavery” had not been defined in national
legislation, it is impossible to determine in practice whether a crime had been
committed for this purpose.
Trafficking in children: Definitions of terms “trafficking in persons” and
“exploitation of persons” had been provided in Article 3 of the Palermo Protocol
to Prevent, Suppress and Punish Trafficking in persons, especially women and
children.
The act of “trafficking in persons” had been identified in Article 3.1.1 of
the Law on Combatting Trafficking in Persons, which was amended on 19
January 2018. Mongolia made a progress by starting to impose punishment on
the person who engaged in trafficking children and receiving such children in
Article 13.1 of the Criminal Code, which was modified in conformity with the
Convention.
Debt bondage and serfdom: Interpretations of the terms “debt bondage” and
“serfdom” had specifically been provided in Article 1 of the UN Supplementary
Convention No.83 on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery, and obliged governments of states parties
to take all necessary legal and other measures to abolish or eliminate such
practices immediately.
Debt bondage and serfdom of persons and sanctions on such actions had
not been reflected in the Labor Code, Law on Infringement and the Criminal
Code. In its survey Report “Worst forms of Child Labor in Mongolia” of 2008,
the NHRC had concluded that the acts of using children in debt bondage and
serfdom should be recognized as crime in the Criminal Code39, but it had not
been done so until today.
Forced or compulsory labor: The Forced Labor Convention No.29 of ILO
defined the term “forced or compulsory labor” and stated that the nature of
forced labor should be determined by the relations between the persons who
has the work performed and who performs the work. Indicators of Forced Labor
of ILO40 specified 11 indicators to detect forced labor in the child employment,
and working conditions.
39
NHRC, Survey Report on the Worst forms of Child Labor in Mongolia, 2008, visit the following
link for more details: <https://nhrcm.gov.mn/media/documents/1431398066_2008-hhdiyn-
hdlmriyn-tevchishgy-helberd.pdf>
40
ILO, ILO Indicators of Forced Labor, visit the following link for more details:
<https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-beijing/
documents/publication/wcms_537158.pdf>

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The term “forced labor” had been defined in Article 3.1.14 of the Labor
Code (1999) and it was stated in Article 7.1 of the Code, “No one shall be
illegally forced to work”. The Code had defined the term “forced labor” in a
narrower scope, leaving out the nature of “forcing any person in labor against
his or her will under the threat of any fines or imposition of punishment when
the person is unwilling or not offering his labor”. However, it can be concluded
that Article 8.2 of the revised Labor Code stipulated “forced labor” provisions
in compliance with the Conventional terms.
According to the Article 8.4 of the revised Labor Code, the action of
engaging persons in forced labor should not be recognized as an offenses,
but as a crime liable under the Criminal Code. Although it has been stated in
the Article 13.13 of the Criminal Code to recognize forced labor as a crime,
the provision had generally defined the act of “engaging minors in forced
labor” without specific elaborations. Thus, it is essential to add aggravating
circumstances of criminal liability to be imposed on individuals and legal entities
that forced minors into labor.
In addition, it is possible to make clear the definition of the forced labor in
the Labor Code and the definition of a crime of forced labor in the Criminal
Code with reference to the indicators of forced labor of ILO.
Forced or compulsory involvement and use of children in armed conflicts
and hostilities:
Optional Protocol to the UN Convention on the Rights of the Child on the
involvement of children in armed conflicts states that states parties should
ensure that members of their armed forces who had not attained the age of 18
years do not take a direct part in hostilities, are not compulsorily recruited into
the armed forces, and armed groups that are distinct from the armed forces
should not, under any circumstances, recruit or use in hostilities persons under
the age of 18 years.
It is stated in the Law on Military Service41, “All male citizens aged between
18 and 25 shall be conscripted to compulsory military service” and “…due to
religious grounds or conscientious objections, male citizens may opt for a bail-
out military service”42 and the “use of children in mercenary” as provided in
Article 29.6 of the Criminal Code should be considered a crime. The minimum
age for military service conscription is 18, however it is important to reflect in the
Law on Military Service, Law on Internal Troops and the Law on Armed Forces
the provision on prohibiting the recruitment of minors in military operations.
41
Law on Military Service.
42
Paragraph 12.1 of Article 2 and paragraph 30.1 of Article 30 of the Law on Military Service.

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The use, procuring or offering of a child for prostitution, for the production
of pornography or for pornographic performances
The use, procuring and offering of a child for prostitution:
The terms “pornography” and “advertisement of pornography” had been
defined in the Law on Combating Pornography, and individuals and legal
entities that breached this Law should be punished under the Article 12.6 of
the revised Criminal Code and Article 6.18 of the Law on Infringement.
Interpretation in Article 12.6 and Article 13.1 of the Criminal Code omitted
the act of mediating minors for prostitution. Taking note that mediation of
minors for prostitution is not punished by the law, it is important to make
amendments to the Criminal Code.
The use, procuring and offering of a child for the production of pornographic
advertisement or for pornographic performances:
According to the Article 8.1.3 and Article 10.2 of the Law on Combating
Pornography, Mongolia unconditionally prohibits the use and involvement of
persons under the age of 18 years in pornographic performances.
As stipulated in paragraph 5 of Article 6.18 of the Law on Infringement,
actions that violated the procedure for selling erotic publications, books and
videos or violated the prohibitions by law on showing erotic movies, videos,
plays and dances should be punishable. Also it is stated in paragraph 1 of
Article 16.8 of the Criminal Code, “Intentional display, delivery, advertisement
of the press, literature, photos, film, video tapes and other items that
advertising pornography to a child, a deliberate action that makes a child
commit pornography, or suggestion of prostitution or sexual intercourse to a
child shall be punishable”.
The use, procuring and offering of a child for illicit activities, in particular for
the production and trafficking of drugs as defined in the relevant international
treaties:
Mongolia ratified Single Convention on Narcotic Drugs43, Convention on
Psychotropic Substances44, Convention against Illicit Traffic in Narcotic Drugs
and psychotropic Substances45, Convention against Transnational Organized
Crime46.
Relations pertaining to control over circulation of narcotic drugs, psychotropic
substances and their raw materials are regulated by the Law on Control of
Circulation of Narcotic Drugs and Psychotropic Substances47. The Law stipulates,
43
Mongolia ratified in 1990 the UN Single Convention on Narcotic Drugs No.84 of 1961.
44
Mongolia ratified in 1999 the Convention on Psychotropic Substances of 1971.
45
Mongolia ratified in 2001 the UN Convention against Illicit Traffic in Narcotic Drugs and
psychotropic Substances of 1988.
46
Mongolia ratified in 2008 the UN Convention against Transnational Organized Crime of 2000.
47
Law on Control of Circulation of Narcotic drugs and Psychotropic substances.

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“The sales and offering to a minor the narcotic drugs, psychotropic substances
and their raw materials shall be prohibited”, and punishment for the violation of
the law had been provided in subparagraph 5.2 of Article 10.13 of the Law on
Infringement, paragraph 1 of Article 16.2 and paragraphs 1 and 2 of Article 20.7
of the Criminal Code. In addition to it, recruitment of children in the picking
of plants and raw materials for narcotic drugs and psychotropic substances is
prohibited in accordance with the “List of jobs prohibited for minors”48, and
the recruitment of children for such activities should be recognized as a crime
and be punishable by the Special part “Forcing a child to the worst form of
labor” of the Criminal Code.
It must be noted here that “the use and involvement of a minor” in a crime
of illegal use of narcotic drugs and psychotropic substances as stipulated in the
Criminal Code should be considered.
Work, which by its nature or the circumstance in which it is carried out, is
likely to harm the health, safety or morals of children:
Work, which by its nature or the circumstance in which it is carried out, is
likely to harm the health, safety or morals of children, as specified in the Worst
Forms of Child Labor Convention No.182 of ILO, and Recommendation No.190
of ILO Concerning the Prohibition and Immediate Action for the Elimination
of the Worst Forms of Child Labor, is regulated by Article 109.4 and Article
110.4 of the Labor Code49 and the “List of jobs prohibited for minors” had been
adopted and enforced by the Cabinet member in charge of labor matters.50
Mongolia made progress by including “labor that is detrimental to the
nurture and mores” in Article 142.2 of the revised Labor Code that concerned
labor that could potentially expose children to physical, mental and sexual
violence. It is essential to amend Article 16.10 of the Criminal Code, which
limited the scope of the prohibition of worst form of child labor by stating
forced labor as a “deliberate action” in the provision.
There is no regulations in national legislation concerning the works to be
performed underground, underwater, at dangerous heights or in confined
spaces, or works that deal with dangerous machinery, equipment, and tools, or
unhealthy environment that could potentially expose children to temperatures,
noise levels, or vibrations, and works that cause to perform risky operations,
however such matters can be determined and addressed in accordance with the
list of jobs prohibited for minors, and the national standard MNS 4990:2015
“Occupational hygiene. Workplace environment. Requirement of hygiene.”
48
Adopted as an Annex to the Decree No.A/36, issued by the Minister of Labor in 2016.
49
Labor Code, ratified in 1999, was nullified by the revised Labor Code, adopted on 2 July 2021.
50
This issues had been regulated by the Decree No.A/204 “On adopting the list of jobs prohibited
for women and minors”, issued by the Minister of Health and Social Protection on 13 August
1999, Decree No.A/107 “On revising the list”, issued by the Minister of Social Protection
and Labor on 26 September 2008, and Decree No.A/36 ‘On revising the list”, issued by the
Minister of Labor on 8 February 2016.

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Works dealing with dangerous machinery, equipment and tools, or which

involve the manual handling or transport of heavy loads are regulated by
Article 110.4 of the Labor Code (1999), and violation of this clause should be
punishable under paragraph 2 of Article 10.16 of the Law in Infringement. As
per paragraph 13.4 of Article 13 of the Law on Toxic and Hazardous Chemicals,
children under the age 18 are prohibited to work with hazardous and toxic
chemicals.
The revised Labor Code prohibits child labor in difficult conditions, for
example, for prolonged hours, at night, or work where the child is unreasonably
confined to the premises of the employer. It is stated in the Labor Code that
weekly hours of work for minors should not exceed 30 hours51, it should be
prohibited to engage minors in night works52, in overtime work53, in roster
work54, and except for employing minors in sports and cultural programs,
or in commercials, it should be prohibited to send minors on business trips55.
Employment of a minor for prolonged hours, in night works, or during
weekends should be punishable under paragraph 2 of Article 10.16 of the Law
on Infringement.
In case children are sent on business trips or engaged in work where the
child is unreasonably confined to the premises of the employer except as
provided by law, punishment or sanctions should be specified by laws and the
prohibited job list. It is crucial to define the term “works that expose children
to mental violence” in the legislation concerning labor relations, considering
paragraph 6.3 of Article 6 of the Law Against Domestic Violence.
The list of jobs prohibited for minors includes the name of the job, working
conditions, and occupations or works. In the future, it is essential to reflect
on work that could potentially expose children to sexual violence, work where
the child is unreasonably confined to the premises of the employer, and works
that could affect the psychology and mores of the children, and produce
recommendations or explanatory notes, if necessary, on these inclusions.
Reflection of Minimum Age Convention No.138 of ILO in the Mongolian

legislations
Upon ratification of the Convention, Mongolia added to the labor legislation
the provisions prohibiting the establishment of employment contracts with the
minor56, and establishing employment contracts with persons 15 years of age57.
51
Paragraph 84.3 of Article 84 of the revised Labor Code.
52
53
54
55
56
Amendment to the Labor Code (1999) made on 22 May 2003.
57
Amendment to the Labor Code (1999) made on 15 February 2016.

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According to paragraph 4 of Article 2 of the Convention, a Member State

whose economy and educational facilities are insufficiently developed may,
after consultation with the organizations of employers and workers concerned,
where such exist, initially specify a minimum age of 14 years. The revised
Labor Code stipulates in line with Article 7 of the Convention No.138 of ILO
the minimum age for minors to be engaged in light work as 13, which has
become a new concept. However, the establishment of the minimum age to be
engaged in light works as 13 is a move backward from the general principles
provided in Article 1 and paragraph 1 of Article 2 of the Convention, and before
permitting by law Mongolia should ensure the preparation in advance, and
meet the 2 main requirements that light work is: (а) not likely to be harmful to
their health or development; and (b) not such as to prejudice their attendance
at school, their participation in vocational orientation or training programs
approved by the competent authority or their capacity to benefit from the
instruction received.
Upon satisfying these requirements, the provision on permitting children
aged 13-15 in light works would comply with the Conventional provisions,
and the following issues must be taken into account in the preparation and
enforcement of the list of “light works”: Naming or listing jobs on one hand,
makes it unambiguous, accessible and not confusing, but on the other hand,
it enables the recruitment of a minor in the job that is not listed. Therefore,
it is essential to determine on a scientific basis the conditions that would
be harmful to a child’s “health”, “growth and development”, and “learning”.
Moreover, additional conditions, including age, sex, work hour, tools and
equipment should be considered as well.
It is stated in paragraph 3 of Article 7 of the Minimum Age Convention
No.138 of ILO, “The competent authority shall determine the activities in which
employment or work may be permitted under paragraphs 1 and 2 of this Article
and shall prescribe the number of hours during which and the conditions in
which such employment or work may be undertaken”, which requires the
establishment of working conditions and work hours during which the children
aged 13-15 work. Work hour limits per children aged 13-18 had been set up too
general, according to Article 84.3 of the revised Labor Code, “Weekly hours
of work for minors shall not exceed 30 hours”, and as per Article 4.1.6, “a
minor worker” is a person under the age of 18 who enters into an employment
relationship in accordance with this Law. Since it is connected to the condition
that “affects the education” as mentioned above, it is crucial to specify the
limit of work hours of minors aged 13-15 as per age groups stated in the
Convention.
Present state of child labor and current problems

Of 93,968 children engaged in labor in Mongolia as of 2012, 31,301 aged

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5-11, 28,945 aged 12-14, and 33,722 aged 15-19; and as per sex, 50,869 male
and 43,099 female.58
It is notable the that database for registering child labor and employment
had been created in the Child and Family Development and Protection Database
at the Authority for Family, Child and Youth Development, but its data
collection methods are ambiguous and different information is registered due
to inadequate use of data collection methods by the staff at local children’s
organizations.
Because of the lack of information exchange, response services and
protection of rights of children in labor had been left unprovided, reports on
responses are integrated with reports on the resolution of other issues, but are
not sent to the children’s organization.
On children at risk of exposure to labor: The Worst Forms of Child Labor
Convention No.182 of ILO recognizes that child labor is to a great extent
caused by poverty and that the long-term solution lies in sustained economic
growth leading to social progress, in particular poverty alleviation and universal
education.59 According to the General Comment No.16 of 2013 on State
obligations regarding the impact of business on children’s rights, “States
parties are required to design and enforce the law on having international and
national human rights documents and labor and other standards followed by
businesses.”
Poverty alleviation is the fundamental requisite for prohibition and
elimination of child labor, especially its worst forms. As for children, poverty
blocks the access to education, reducing their chance to get better paid jobs,
leading to disagreements and conflicts at home due to livelihood deterioration,
increasing the risk of domestic violence, and resulting in child neglect.
Reasons why children engage in child labor can on one hand be explained
in connection with the poverty and poverty-based alcoholism and neglect; on
the other hand, some children, who didn’t come from poor families engage
in child labor because of parental carelessness and neglect, and become
crime accomplices or victims. It shows that child labor is caused by household
poverty resulting from ignorance and bad habits of parents and poverty-based
alcoholism; and engagement of children in the worst forms of labor, such
as crime, offense, drug, narcotics and prostitution, is caused by neglect but
not poverty. There is no denying that there are children subjected to the both
poverty and neglect. Survey results suggest that child labor declines as the
number of working persons in the household increases.
58
Official letter No.01/831 of the NSO, dated 18 October 2021.
59
Preamble of Worst forms of Child Labor Convention No.182 of ILO and paragraph (d) of
Article 16 of the Recommendation No.190 of ILO Concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labor.

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Engagement in labor among apprentices enrolled in vocational and technical

training institutions is 1.8 times higher than that among students in secondary
schools.
Besides earning money, children in labor live in a condition where they could
not imagine brighter future and could not obtain education as they engage in
household chores and assist with adults’ work and labor free of charge.
Case 3.16
...Child labor is high in vocational training and production center. Students at the
center are children under 18 years. They engage in labor, paid and unpaid internships.
According to the survey, entities offering internship aim for taking advantage of
children without caring about them. They don’t see children as kids but as workforce.
What matters to them is to have the job done by those kids at once, and it doesn’t
matter at what time those kids get up and go to work. Some entities use interns
for cleaning. Those kids get up at 5:00AM while work hour starts at 9:00AM. What
happens if the kid gets exposed to violence when leaving for work at 5:00 in the
morning, and what happens if that child gets in trouble? There have been such
cases. There are entities that exploit child labor. When we talk about internships,
the issue of child labor exploitation comes to light. This is unacceptable. If the kid
doesn’t show up on time, he/she will be excluded from the internship.
(From a focus group discussion held with the staff of aimag
Family, Child and Youth Development Department)
Worst forms of child labor in Mongolia

Form of slavery and forced labor: The term “worst forms of child labor”
comprises all forms of slavery or practices similar to slavery, such as the sale and
trafficking of children, debt bondage and serfdom and forced or compulsory
labor, including forced or compulsory recruitment of children for use in armed
conflict.60
There have been no survey findings related to any customs and practices
similar to slavery, however there’s been several cases of forced labor, a form
of modern slavery.
According to subparagraph 7(a) of Article 7 of Section IV of the
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery, debt bondage is the status or
condition arising from a pledge by a debtor of his personal services or of
those of a person under his control as security for a debt, if the value of
those services as reasonably assessed is not applied towards the liquidation
of the debt or the length and nature of those services are not respectively
limited and defined. It has been found during the survey that there were
60
Article 3 of the “Worst forms of Child Labor” Convention No.182 of ILO.

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children, who engaged in work or labor, shouldering the double burden of

paying off their parents’ debts while being at risk of becoming homeless. This
is a similar situation stated in the Convention as, “…the status or condition
arising from a pledge by a debtor of his personal services or of those of
a person under his control as security for a debt…” Therefore, it is essential
to reflect in the relevant legislation the provision on imposing sanctions on
parents or guardians who expose their children to the risk of forced labor.
Throughout the survey, there were several children engaged in the worst
form of child labor of which “length and nature was not respectively limited
and defined…” as provided in the Supplementary Convention on the Abolition
of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
According to the quality survey in particular, children responded that they
were engaged in labor without knowing what task they should perform in
what conditions, in which amount, and for how many hours due to lack of
concluding employment agreements or civil contracts. There was no single
child who concluded employment contracts when engaging in labor. According
to the combined qualitative and quantitative survey results, it was common
among parents to let their children help them with their works, or to send
their children to the familiar’s workplace. In these cases, no contracts were
concluded, only oral negotiations were made, thus it can be concluded that it
was the most common case of working without contracts.
Working conditions of children, who work without contracts, under
ambiguous salaries, and terms and conditions, might get worse, and shift
to the worst form of slavery. For instance, there were several cases where
children were not allowed to or could not leave their place of work. The survey
analyzed the situation of minors under the age of 18 and young children, and
the issues related to them, and included both for reward or not-for-reward
conditions of parents and guardians, which meet the survey goals. In order to
clarify whether a child is delivered to others with the view to the exploitation
of his labor, 9 indicators of ILO for labor exploitation61 (a job that satisfies any
one indicator shall be considered exploitation) had been used and detected
all characteristics of labor exploitation in child labor. It must be noted that
in particular, the job and working conditions of child jockeys alone contained
almost all characteristics of labor exploitation.
61
ILO, visit the link for full version of Indicators for Labor Exploitation <https://www.ilo.org/
wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_105035.
pdf>

RIGHTS AND FREEDOMS
IN MONGOLIA
Case 3.17
...My friend used to be a student of excellence, and wanted to become a lawyer in

the future. But when her father died, and her mother got sick, she had to drop out
of school in the 11th grade and work to pay off her parents’ debts. Because she uses
her monthly income for debt pay-off, she could not buy anything for here home
or for herself. Since labor pay for children is low, her earnings of MNT 500,000-
800,000 per month by doing 2 jobs is insufficient for living. In the mornings she
works as a part-time salesperson in a shop, and in a bar in the evenings. I have
many friends who work. We buy some food for my friend with the money we earn
by doing some jobs. Recently we collected our money and bought mutton for my
friend’s family. Though we wanted to buy a whole lamb, money fell short. So we
bought a small one...
(From an individual interview held with a child engaged in labor)
Case 3.18
...There was a case where a child was sent to work in another aimag, and the
parents of that child got the money through their bank account. I’ve seen with my
eyes that child working like a slave here. Some children bluntly say they don’t have
contracts, while some say they left them at home, but never showed...
(From an individual interview held with an aimag police officer)
Form of use and sales of children for prostitution and pornography: It is

stated in Article 3 of the Worst Forms of Child Labor Convention No.182 of
ILO, “For the purposes of this Convention, the term the worst forms of child
labor comprises: (b) the use, procuring or offering of a child for prostitution62,
for the production of pornography or for pornographic performances.”
According to the Criminal Code, a child subjected to the organized crime of
prostitution should be considered as subjected to sexual exploitation, and criminal
proceedings take place. Also, crimes such as human trafficking and kidnapping
pose high risk for children to getting exposed to sexual exploitation. There
were several cases worth noting that had been found through the screening of
interview responses that said children were exposed to pornography.
62
Sexual exploitation of children includes the following actions:
• A guardian or a relative of a child or anybody use the child for exploitation or earning by
taking the child under control by force, and make the child an instrument of satisfaction
for himself or others;
• Force the child to engage in prostitution;
• Force the child to engage in and use the child for pornography;
• Engage the child in sexual practices, traditions and rituals (MCFD, 2003).

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The following is the statistics from the Police Database on children, who
became the victims of crime in the years 2018-2020:63
Table 3.2 Number of children, established as victims of crimes against

sexual freedom and safety, by year and location
Total
No. Clause and Article of the Law Year Local Capital
national
1 Number of children subjected to sexual 2018 0 1 1
2 exploitation, Article 12.3 of the Criminal 2019 0 4 4
3 Code 2020 1 1 2
4 Number of children subjected to the 2018 0 0 0
organization of prostitution, Article
5 2019 0 0 0
12.6, and became victims of crimes,
6 punished under Article 13.1 of the 2020 0 1 1
Criminal Code
7 Number of children who became 2018 0 4 4
8 victims of human trafficking, Article 2019 0 5 5
9 13.1 of the Criminal Code 2020 0 0 0
11 victims of human trafficking, Article 2019 1 1 2
12 13.2 of the Criminal Code 2020 1 1 2
victims of the crime of advertisement
14 2019 1 13 14
of pornography and inducement to a
15 child, Article 16.8 of the Criminal Code 2020 2 5 7
16 Number of children became victims of 2018 0 0 0
the crime of advertising pornography
17 2019 0 0 0
using children, Article 6.9 of the
18 Criminal Code 2020 0 0 0
Due to border closures and suspension of international travel because of

the COVID-19 pandemic, no case of human trafficking had been recorded by
the police in the past year. Some families are complicit in exploiting children
in sex trafficking and forced labor. In previous years, traffickers have forced
Mongolian girls to work as contortionists - often under contractual agreements
signed by their parents - in Mongolia and in foreign countries.64
63
Official letter No.5/183 of the National Police Agency, dated 21 October 2021.
64
Embassy of the United States in Mongolia, Trafficking in Persons Report 2021 <https://
mn.usembassy.gov/mn/2021-trafficking-in-persons-report-mn/>, <https://www.state.gov/
wp-content/uploads/2021/09/TIPR-GPA-upload-07222021.pdf>

RIGHTS AND FREEDOMS
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Case 3.19
...Workplace sexual harassment is really difficult for girls. When I worked at a place,
a man at that place usually tease me. He comes to me and says strange things like
“You should go out often. You are at the age of going out and having fun. You’ll
miss the fun if you get married.” Sometimes, he would stand next to me and asks
“Have you ever slept with someone?” And then, he shows the +18 websites, and
told me to go there and asked me if I have ever seen such things... When I say
nothing and don’t react, he screams into my ear...
(From a note taken from an individual interview held with a child
exposed to sexual harassment)
The number of children subjected to “Sexual exploitation” as stipulated in

Article 12.3 of the Criminal Code, which was 1 in 2018 went up to 4 in 2019
and 2 in 2019, showing a tendency of increase. The number of children who
became the victims of “Human trafficking” as stipulated in Article 13.1 of the
Criminal Code was 4 in 2018 and 5 in 2019, and no case had been reported
in 2020. The number of children, who became the victims of “Kidnapping” as
stipulated in Article 13.2 of the Criminal Code, was reported as 2 in each in the
last 3 years.
No case of minors, who became the victims of sexual harassment, as
stipulated in Article 6.26 of the Law on Infringement, had been reported to
the police in 2018 and 2019, but 5 in 2020. Survey findings show that it is
impossible to detect illegal acts if the minor, who became the victim of sexual
harassment, files a complaint. It can also be viewed that such crimes are not
reported and recorded nationwide because the victims don’t trust in protecting
of their privacy and confidentiality.
According to the statistics of the National Police Agency, 1 minor has been
involved in the crime of organization of prostitution as stipulated in Article
12.6 of the Criminal Code in 2020. In the offense of “engaging in prostitution,
or having sexual intercourse by forcing others into prostitution” as stipulated
in paragraph 4 of Article 6.18 of the Law on Infringement, 186 minors were
involved in 2018, 138 in 2019, 86 in 2020, and a total of 410 minors in the past
3 years.
Table 3.3 Number of minors punished for the infringement of
prosecution
Total
No. Clause and Article of the Law Year Local Capital
national
1 Number of minors involved in prostitution 2018 4 182 186
2 or had sexual intercourse by forcing 2019 4 134 138
others into prostitution as specified in
3 paragraph 4 of Article 6.18 of the Law on 2020 4 82 86
Infringement

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Of 12 minors, who were involved in this offense in local areas in 2018-2020,

7 were in Darkhan-Uul aimag, 3 in Dornogobi aimag and 2 in Orkhon aimag.
As per Ulaanbaatar, 4 minors were involved in the offense of prostitution in
Sukhbaatar district and 27 in Chingeltei district in the period of last 3 years,
which was the lowest number, whereas the reported number of children was
171 in Bayangol district 127 in Songinokhairkhan district and 72 in Bayanzurkh
district, which was the highest numbers that should be taken note of.
Prostitution in a very well-organized form incurs serious harm on individuals.
According to the special individual interviews held with minors, who were
subjected to sexual exploitation, the youngest age exposed to sexual exploitation
was around 14 years, and it was mentioned in the survey that exposure of
minors to organized prostitution have strong side effects, which may lead the
victim to suicide.
It must be noted that the number of children, who became the victims
of sexual exploitation and human trafficking, had increased, the number of
children subjected to sexual harassment had escalated, especially in particular
districts of Ulaanbaatar65, implying that it had become the social problem. As
for local areas, there were several cases where sexual and reproductive rights of
girls were violated, and girls become the victims of violence and get pregnant.
Minors, in particular children of secondary schools are induced to pornography,
and have regular sexual intercourse in exchange for consumables, such as small
amount of money and phone credits.
Case 3.20
...If a person, who was forced into prostitution, does not get away from it at
the age of 26-27 years, then it is like the end of life. Such services are provided
mostly to wealthy and old people. Elderly people are sexually incapable, but they like
abnormal things, so they can pay for them. Doing such abnormal things makes it
more stressful. To erase exhaustion, disgust and unwillingness, a drug use is forced
when serving 8-9 abnormal people a day. Many lost their lives sinking into drinking,
smoking and drug as their lives become meaningless...
...When the children reach the age of 14-15 years, they are forced into serving others.
Economically broke children are engaged in such things. Their families benefit from
it. It doesn’t matter if the child is pretty or ugly...
(From a note taken from an individual interview held with a minor, who engaged
in prostitution in a foreign country due to exposure to sexual exploitation)
Form of use of children in illegal activities such as production and

trade of drugs
Involving children in illegal operations of narcotic drugs and psychotropic
substances: According to the statistics of the National Police Agency, no report
had been found on children involved in the crime of trading narcotic drugs
65

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IN MONGOLIA
in the recent 3 years, and cases involving illegal use of narcotic drugs and
psychotropic substances had been investigated.
Of 1,067 respondents to the survey involving students from secondary schools
in Bayanzurkh, Sukhbaatar, Chingeltei, Bayangol and Songinokhairkhan districts
of Ulaanbaatar, Orkhon and Darkhan-Uul aimags, 74 percent responded that
they have never used drugs, 13 percent answered they used once, 2 percent
replied they use seldom and 11 percent said they used many times.66
Case 3.21
...It is common among kids to try “weed” (a type of Cannabis plant grown in the
area). Especially secondary school students use it much. A matchbox of weed is
sold at MNT… We can’t stop it. There was a case where a child fell down with a
foaming at the mouth, and his parents took him to Ulaanbaatar for treatment. In
the aimag, we have police but not a treatment facility, so they went to Ulaanbaatar
for treatment…
(Social worker of a school in Selenge aimag)
According to the document review, the use of children in the consumption

and trade of narcotic drugs and psychotropic substances had not been
detected, however it was observed during the interview held with the 18-year
old kid, who uses drugs, that it was common among children to use and trade
various kinds of drugs, psychotropic substances or narcotic drugs. But the main
structure for drug trading is operated in a way where so-called “dealers”, who
transfer drugs, cause children to addict to drugs more based on their addiction,
and enroll kids as their regular sellers by giving them free drugs at first and
then sell more to them after they get addicted to drugs.
Case 3.22
...When you let the kids smell the smoke first, they get used to it, and then they
get attracted to it. At first the familiars advertise by words, persuading that drug
was dope. Children are convinced by the word that kids get cool friends in a cool
environment. The first months are usually fun. After throwing up for 3 hours, you’d
say it’s dope... Some rich dealers treat others well. Some of those who had been
treated stop using the drug, but won’t say no to weed. While having some beer,
they try weed and leave. While doing so they motivate others. Dealers target kids
with money as customers and those without money as dealers. So, it doesn’t matter
if you are rich or poor. They welcome anyone who come in...
(From a note taken from an individual interview held with a child aged 18, who use
drugs)
66
Information, analysis and emergency command unit of National Police Agency, “Risk of
addicting to narcotic drugs and psychotropic substances among children, and prevention
measures”, Criminological survey report, 2018.

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Case 3.23
...Children who are cared less are addicted to drugs. They use it without fear and
worry. It’s fun to watch others to feel the effects after using the drug. Actually it
is said that inducing others is a “sin”, but by letting one another to try the drug,
kids get addicted to it. You will feel like trying it again. Some would say it was less
effective and they would try again. And again. Gradually you’ll begin to love it.
people think weed is okay. The basis for everything is smoking. If you can smoke,
you can try weed. Then you will try pills, and then doping. It might get heavier in
the future...
(From a note taken from an individual interview held with children
participated in the survey)
Involving children in crime and offense: No data had been provided by

organizations on the involvement of children in crimes and offenses. However,
it must be noted that the number of children, who became the victims of
infringement, sexual exploitation and human trafficking, is increasing.
Forms of that are likely to harm the health, safety and morals of children:
Unsafety as stipulated in the provision of the Worst Forms of Child Labor
Convention No.182 of ILO can be classified into three as harmful to health, to
safety and to morals of children.
Survey findings show that parents and guardians have accepted that they
were aware that the children were engaged in heavy work that would likely
to affect adversely on the child’s body and health; works in the cold and hot
conditions; and works that are not appropriate for the child’s age; and working
children and their parents were not fully aware of the working conditions of
the child.
Children, who work outside, usually get exhausted, and feel discouraged to
get hold or cold, or carry heavy loads, get cut or injuries on their head, back,
neck, eye or ear. Those who carry heavy stuff fear getting exhausted, getting
burnout, or being exposed to danger, and it’s common among these children
they get bruises, swellings, muscle strains, and other injuries caused by a fall
from the height. Children, who have to go to work at dawn and go back home
at night, are afraid of exhaustion and hunger, and getting scolded and injured,
and it’s common among them to get burned, to fall down and get injured.
About 56 parents of working children participated the online survey and
responded to the questions related to changes and injuries that occurred on
their children’s bodies. They responded that changes had been observed on
skin and nail structures (14%), on pelvic and backbones, and limbs (11%),
in digestive organs, liver, gallbladder and pancreas (8%), and disorders and
illnesses on kidneys and in urinary tracts (6%), and on the neck, muscles
and support organs (6%). On the psychological changes on their children, 40

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percent of these parents said that their child became open, 28 percent said
there were no changes, and 11 percent said their child became impetuous, and
very small percentage of children showed negative behaviors. Although parents
and guardians replied there were positive mental and behavioral changes as the
kids began working, it must be noted engagement of children in labor affects
adversely the child’s future.
Works that are likely to affect the child’s health: Works that are likely to
harm the health of children can be classified into three sections such as works
that affect the psychology of children, works that affect the physical body
of children, and works that may expose children to sexual violence. According
to the online questionnaire survey, 62 percent of children, who responded to
the questions on detecting the above forms, replied that they did works that
are harmful to health, whereas 38 percent did works that are harmful to their
safety.
Works that affect adversely on the psychology of children: To the question
of whether children want to live the childhood life without engaging in
labor which aimed at detecting how the labor engagement impact on the
psychology of children, 57.4 percent of 441 children answered that they always
or sometimes want to live childhood life without engaging in labor, while 10.9
percent of children always wanted to live the childhood life without engaging
in labor. Of children, who replied they always wanted to live the childhood life
without engaging in labor, 43.1 percent engaged in construction work, and
physical works such as carrying loads, 20.8 percent worked for many hours or
during night hours in bars, restaurants, canteens, and food factories, and 18.1
percent engaged in labor of assisting others and babysitting without charges. It
shows that children, engaged in physical labor, feel discouraged more, because
they find exhaustion and carrying heavy loads difficult. To the question of
what was the most difficult thing of working, 45.4 percent of children named
exhaustion and 23.1 percent named carrying heavy loads as the most difficult
thing.
Children, who want to live without working, are mostly engaged in labor at
bars, restaurants, and food factories and among them, children who worked
at night hours take up 47.9 percent irrespective of gender. The Labor Code
prohibits67 the engagement of minors in night works, and working at night
hours in bars, restaurants, and food factories would affect adversely on the
children’s psychology.
Among children, who want to live their childhood life without working,
those who work for 5 or more days a week account for 72.9 percent, and
those who work for 7 days a week take up 39.6 percent. Of children, 29.2
percent were engaged in several jobs simultaneously. Of children, who want
67
Paragraph 88.6 of Article 88 of the Labor Code, “It shall be prohibited to engage minors in
night work.”

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to live their childhood life without working, 68.8 percent worked only for the
summer season, and 66.67 percent of them had been punished in any shape
or form.
Children get discouraged and feel stressed because of factors that affect
their bodies rather than the fact that they are engaged in work, Of them, 20
percent are afraid of not getting paid, which suggests that employers do not
give appropriate payment to the children on time. Depression was common
among children, who had been exposed to sexual exploitation, and they are
likely to be subjected to serious psychological harm such as mental violence.
Based on the above, it can be concluded that children who are mostly
engaged in physical labor and outdoor work are subjected to mental fear
or anxiety, including being disheartened from getting exhausted, discouraged
from carrying heavy loads, and feeling deflated from getting cold or hot.
Mental depression and exposure to emotional abuse pose serious harm to
children who were exposed to sexual exploitation.
Case 3.24
...I think we feel a lot of mental pressure. I had my share of moments when I
had mental depression for a whole week due to the dissemination of information
via media without keeping confidentiality and protecting privacy. Why the media
publishes and broadcasts like that? It births fear inside children and we blame
ourselves only. Because of it, girls had suicidal intentions. I thought to myself, why
I told people, and this matter had become heavier because of telling others. If the
wives of such men know about us, they defend their husbands and attack us, girls.
They pressure us by telling us that they would make us known to the world until we
no longer want to live...
(From a note taken from an individual interview held with a child, aged 17 years,
who had been exposed to sexual exploitation)
Works that are likely to harm children physically: When asked whether
the parents and guardians observed any changes in the health and physicality
of the child while engaged in labor, 16.1 percent responded they observed
changes in child’s skin and nail structures, 12.5 percent in the pelvis, back, bone
and limbs, 8.9 percent in digestive organs, liver, gallbladder and pancreas, 7.1
percent on muscle structures, and 7.1 percent in kidneys and urinary tracts.
Of children, 6 percent had hurt their eyes and ears, and got injured because
of electrical shock, and 5 percent had been struck by a heavy object, got
jammed, fallen down from the height, and lost a part of the body, which
illustrates that engagement in dangerous and heavy labor is still common
among children. Among children, it was also common to work outside under
the hot sun or in the extreme cold;’ carry on, push and pull heavy objects; to

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go to work at dawn or work late at night hours; to work in the environment

with heavy noise, and to repeat the same thing continuously for several hours.
Case 3.25
...There’s been cases of whipping and striking of children in Gandan temple. They
explained it was a traditional ritual of “lashing”. They corrected themselves by
explaining it was the tradition, and the Khamba of the temple said Gandan educates
the children of families that couldn’t feed their children...
(From a note taken from an interview held with an officer of aimag
police department)
Case 3.26
...We are not allowed to sit in the workplace and our legs hurt because we stand
or walk all day...
(From a note taken from an interview held with a child, engaged in
cosmetics sales)
Works that are likely to expose children to sexual violence: Survey findings
reveal there were several cases, where children had been exposed to workplace
sexual harassment, girls had been induced into prostitution and sexual
exploitation. According to the data of the National Police Agency68, these
types of cases and offenses are not usually resolved by law enforcement
organizations, but they exist hidden. Some types of jobs and workplaces are
likely to expose girls to sexual violence and sexual exploitation.
Works that are likely to affect the safety of children: As defined in Article
3 of Recommendation No.190 of ILO, works that are likely to pose harm to the
safety of children include, “works to be performed underground, underwater,
at dangerous heights or in confined spaces; works that deal with dangerous
machinery, equipment, and tools; physical works that involve the manual
handling or transport of heavy loads; and works under particularly difficult
conditions such as work for long hours or during night, or work where the
child is unreasonably confined to the premises of the employer.”
Responses of children given to the online survey questionnaire on whether
they performed the above-mentioned works that could potentially affect their
safety are provided in the following table, by frequency.
68

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Table 3.4 Responses given by children worked in dangerous conditions,

by frequency
Response
Dangerous working conditions
frequency
Worked outside and inside a building where it was hard to breathe due to
38
smog and dirt, and it was hard to see because of the smoke.
Used objects with sharp edges, such as axe, knife, chef’s knife, cleaver knife,
35
etc.
Used electric equipment and tools, including machineries, electric drill, electric
26
saw, electric chain saw, and electric sander.
Worked closely with fire or hot objects. 19
Worked at heights, such as on the building and crane, hanging boards at
height, climbing up the pole, cleaning building face and windows, and covering 17
truck loaders.
Worked in conditions that might be exposed to electricity. 11
Worked with heavy machineries and drove vehicles. 11
Worked underground in a confined space. 10
Children, involved in the survey, responded that it was common among

them to get deep and large cuts, bruises, swelling, head and back injuries, and
burn injuries, and named brick factories, waste dumps, coal and fuel trading
spots, construction and carwash centers as places that engage children in
heavy works and that expose children to harms such as fall, injury, burning.
Case 3.27
...We climb up the pile of waste in the morning at around 10:00 or 11:00 and come
down at sunset. At first, it smelled gross when we climb up the waste pile but now
we are used to it. The heaviest work was the carrying of a refrigerator from the
garbage truck...
(From a note taken from an interview held with a 14-year old boy
who works at the waste dump)
Case 3.28
...Brick factories and construction are the places that engage children in heavy labor
that pose high risk of falls, injury, and burning. When I visited the brickworks that
is located nearby our aimag for personal business, girls aged 13 had been working
there. They said that they work throughout the night until 3:00AM or 4:00AM.
They weren’t from our school and they were unrecognizable. They get around MNT
1 million and stay at the brickworks. During the hot summer they work inside a hot
fire. They might work during winter too...
(From a note taken from an interview held with a school social
worker of the aimag)

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Works that are likely to affect child morals: Morality refers to the set of
standards that established the differentiation of right and wrong in life, such
as good and bad, just and unjust, dignity and defamation, and child morality
develops through imitating others. In labor and employment relations, children
directly learn from others and practice their communication style, manner,
ethics and actions. Therefore, it can be viewed that working environment
affects both in a good and bad way on the child’s moral.
Survey respondents believed that engagement in labor impacts positively on
child morals. On the other hand, it has been revealed that children make some
moral mistakes such as telling lies, swearing, using alcohol and smoking, using
drugs and psychotropic substances, and getting involved in crimes or offenses
while engaging in labor. The Worst Forms of Child Labor Convention No.182
of ILO prohibited the engagement of children in works that are likely to harm
the morals of children.
Regarding the working conditions and workplaces that could affect adversely
on the morals of children, a police officer said, “Children, whose parents
operate cafes, bars and restaurants, sell alcohol beverages”, “The minimum
age for working at the such shops is 18, and for selling such beverages is 21”,
“Children from families that run shops tend to use vodka, beer and cigarettes
themselves” and “Those children get vodka, beer and cigarettes behind their
parents’ back and drink and smoke with their friends.” A child, who works at
the waste dump, said, “There are children who use gas leftovers.”
It can be viewed that use of alcohol and cigarette, and demoralization is
uncommon among children engaged in labor, and children engaged in works
that are likely to harm the morals include mostly child jockeys, those who work
at bars, restaurants and shops that sell alcohol and cigarettes, and children
who had been exposed to sexual exploitation and prostitution.
Case 3.29
...People who employ children swear at children using f-words. When we refer to
the teacher in charge, he/she would say that children need to learn communication
skills at work. Will our children learn any communication skills from there? We are
thinking of going to the head organization and other relevant entities to have this
matter heard and resolved. Plus, the teachers abuse fellow children. Perhaps they
make sexual advances on girls...
(From a note taken from an interview held with representatives of
parents of students at vocational training centers)

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Engagement of children in unpaid household services and household

economic works
Unpaid child labor can be classified into two: engagement in unpaid
household services and engagement in household economic works. Statistically,
household services are considered non-economic activities, while household
economic works are considered economic activities. Depending on the time
consumed by a child, these two activities contain forms of work that are
acceptable and prohibitable for children to do.
UNICEF and ILO had been doing separate surveys on unpaid child labor,
and jointly established in 2013 the time limit for children to engage in
household economic works and in unpaid household services, and presented
the recommendation to the 19th International Conference of Labor Statisticians,
held in Geneva in 2013. According to the Recommendation, standard time for
children aged 5-11 years shall be 1 hour of economic work or 21 hours of unpaid
household services per week; for children aged 12-14 years shall be at least 14
hours of economic work or 21 hours of unpaid household service per week;
and for children aged 15-17 years shall be at least 43 hours of economic work
per week.
If the standard time limit is exceeded, it should be considered child labor.
Therefore, it is important to raise awareness among parents and guardians on
this time limit, and let them understand that allowing children the opportunity
to learn and grow would be of great significance in ensuring the highest
interests of children.
The situation of children engaged in household services: It includes children
engaged in unpaid household services in their own homes, taking care of
elders, cleaning the house, preparing meals, sewing and knitting clothes and
other items, washing laundering, ironing, maintaining dwellings and small
repairs, washing dishes and cook utensils, caring for siblings and sick persons,
and shopping for household consumables.69
About 672 survey respondents replied that they are engaged in household
services regularly, of whom 59 percent are engaged in household services
within the “time specified per age” as mentioned above, while 41 percent are
engaged in household services exceeding the time recommended, losing their
opportunities to learn and grow themselves.
69
NSO, ILO, “Report of National Child Labor Survey 2011-2012”, Ulaanbaatar, 2013, p.23-24.

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Table 3.5 Time spent for household services by children,

by age and sex
Hours per day for Up to 3 3-4 5-6 7-8 9 hours and
Number
household chores hours hours hours hours more
of
Hours per week for Up to 21 21-28 29-42 49-56 More than 57 children
household chores hours hours hours hours hours
Children engaged in
household services 59 28 9 3 1 672
daily, by %
5-11 years 76 19 2 0 2 42
Female 76 18 3 0 3 33
Male 78 22 0 0 0 9
12-14 years 62 26 8 3 1 197
Female 57 31 8 3 1 143
Male 76 15 7 2 0 54
15-17 years 56 29 11 3 1 433
Female 54 30 11 4 1 317
Male 60 26 11 1 2 116
About 90 percent of children, who spend 7-8 hours on household services

and 80 percent of children, who spend 9 hours on household services were
girls aged 15-17 years who go to secondary schools. Children, engaged in labor
and employment usually spend up to 4 hours for household services, and
relatively many among these children replied that it was difficult for them to
study because they take care of siblings or elders.
Situations of children engaged in unpaid household economic work: “Unpaid
family workers” are defined as those “who are living together or separately and
engaged without pay in household economic works, production and services
except animal husbandry to meet their personal needs”70.
Survey findings reveal that few children, aged 5-11 years are engaged in
household economic work, and it was common among children aged 12-17
years to work as salesperson in food and clothing shops.
A large number of children aged 15-17 years participate in household
economic work for many hours, children aged 12-14 years participate moderately
for average hours and those aged 5-11 years participate least for fewer hours.
Engagement of relatively high number of children aged 5-11 years in work for
more than 9 hours can be viewed as the worst form of child labor.
70
NSO, ILO, “Report of National Child Labor Survey 2011-2012”, Ulaanbaatar, 2013, p.24.

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Present state and current problems of child jockeys

Horseracing has been expanded extensively from the traditional state
festival of Mongols, reaching closer to business and sports types as it had
been organized not only in the summer71 but also in the 4 seasons a year in
visible and hidden forms by doing horse riding and training, and become richer
in terms of style and method. On the other hand, horseracing had become the
center of criticism for leaving out the rights and safety of child jockeys, and
becoming the example of engaging children in the worst form of child labor.
It is ensured in the Constitution of Mongolia that citizens of Mongolia
enjoy the right to life, healthy and safe environment, and education, and the
state should protect the interests of children. However, paragraph 1 of Article
7 of the Constitution says, “The historical, cultural, scientific and intellectual
heritage of Mongolian people is under the protection of the state.” According
to subparagraph 3.1.1 of the Rule on the National Naadam Festival Horseracing,
“a healthy child, aged 7 years and up, who rides and gallops a horse should ride
a racing horse.” Because of these, the age issue of child jockeys72 exists on the
contradicting point where human rights and laws meet the national customs
and traditions.
There is no specific provision in the Law on Infringement that stipulates the
punishment for the violation of the Law on Naadam, and according to Article
6.20 of the Law on Infringement73 an individual or a race horse trainer should
be fined MNT100,000 /one hundred thousand tugrugs/ and a legal entity
should be fined MNT1,000,000 /one million tugrugs/, and a punishment of
fine shall be imposed if the decision of the state official is not executed as
stated in Article 15.2 of Law.74
Due to a lack of provision in the Special part of the Criminal Code that
imposes liabilities on parents, guardians, supporters and officials if a serious
damage is incurred to life and health of the child because of failure to them
to protect the rights of the child, a very important object, that should be
protected by the Criminal Code, had been left unprotected.75
National Program of Action for the Development and Protection of Children
set forth an objective “to prohibit the participation of children aged below 16
years in winter and spring horseracing, and reflect in the law the protection
of life and health of child jockeys during approved horseracing” in framework
of creating legal environment and improving regulations under the Program.
71
<https://mlsp.gov.mn/uploads/files/a79cb10e766cab0a8cc567e0c7c00cc186c571fc.pdf>
72
It is stated in paragraph 8.2 of Article 8 of the Law on Naadam, “Children aged above 7 years
old shall ride Naadam racing horses and shall be insured against accidents”.
73
Article 6.20 of the Law on Infringement “Child rights violation”.
74
Article 15.2 od the Law on Infringement “Non-compliance with the decision of the state
official, and causing hindrance in their operations”.
75
Sub-committee of Child Rights of Mongolian Bar Association, “Concepts of the draft law on
amendments to the Law on Naadam”.

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According to the research, “there were around 40 thousand (overlapping

number) child jockeys as of 2015, and the majority or 80.6 percent of them
were younger children aged up to 12 years, who could not protect themselves
from any risks or overcome any unexpected harmful conditions, and who were
not grown up physically and mentally”76.
Upon revision of the "List of jobs prohibited for minors”, organization of
horseracing events had been prohibited for the period 1 November and 1 May.
Although it was said there were no horseracing had been organized during cold
seasons, several horse racings, training and betting had been organized for 4
seasons a year, according to interviews held with children and horse trainers.
Statistics from the National Trauma and Orthopedics Research Center
illustrate that the number of children, who fell from racing horses and got
injured during the months, when horseracing had been prohibited is 3.7 times
lower than that of the months when horseracing is approved.
The right of child jockeys to education is violated as their parents and
horse trainers take children from schools secretly starting from April 15 when
school is not over. As child jockeys reach the age of 14-15 years and no longer
qualify for horseracing, they could not get to the higher grade due to a lack
of systematic knowledge, and then had to depend on others without choices
other than handling livestock related works of horse trainers and owners,
herding their cattle or assisting in their businesses.
To determine the forms of works specified in paragraph (d) of Article 3
of the Worst Forms of Child Labor Convention No.182 of ILO and to locate
such forms, the focus should be on “works that are likely to expose children
to physical, psychological and sexual violence”. It is stated in the Convention,
“Persons aged 16 may be permitted to do the works referred to in paragraph (d)
of Article 3 of the Convention that is determined by national laws or regulations
or by the competent authority, after consultation with the organization of
employees on the condition that the health, safety and morals of the children
are fully protected, the child had received particular instructions on the works
to be performed, and had been involved in relevant training.”
Child jockeys had not specifically defined during individual interviews any
particular changes in their bodies caused due to horse riding. Since they ride
the horse by leaning toward, they feel back and leg pain during horseracing.
The statistical data show that the number of child injuries declines each year,
but there are still injuries and life losses among child jockeys.
According to the Horseracing sub-database in the “Child and Family
Development and Protection Database” of the Authority for Family, Child and
Youth Development, a total 671 horseracing had been organized in 2018-2020,
of which 647 had been organized in aimags and soums and 24 in the Capital
City, where 165 child jockeys had been injured in any shape or form.
76
NHRC, Legal Research center, ILO, UNICEF, “The Rights of Child Jockeys in the Spring
Horseracing” Research Report, 2015, p.17

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The number of children, who fell down from racing horses and got injured
for all seasons a year, had been recorded in the statistics from the National
Trauma and Orthopedics Research Center, and the response, “horse riding and
training is held throughout the year” which was it was given by child jockeys
during interviews show that horseracing had been organized in ways that were
uncontrollable by the state organizations, and it can be concluded that the
number of receipt of medical care and services reveal the number of recorded
injuries caused by falling from horses.
Survey findings tell that child jockeys work in a condition that is likely to
pose fear, anxiety and worry on the child’s psychology through forcing them
against their wills, ignoring, stalking, intimidating, limiting and insulting them.
In general, there were cases where child jockeys aged up to 12 years fell
down and got injured because of not being able to pull the strings, or when
the horse slide; got whipped by others during horseracing; got bullied by peer
children; being afraid of drunk adults; and ran away from horse training and
preparation site because of fear of not being able to win the race or feeling
down or because of homesickness. Child jockeys aged 13 and above had fear
and anxiety when it comes to asking for their pay from adults, and said they
were afraid of intense fall down from a horse, of being beaten or punished,
and feel disheartened of working busy.
Case 3.30
...There was a boy in the 7th grade, who practiced sambo and judo, became the
champion of the eastern region and won a prize in the national championship.
He was smaller than his age, so he rode his brother’s horse and fell. Now that kid
can no longer ride a horse or wrestle. He went to many hospitals because of brain
damage...
(From a note taken from a focus group discussion held with social workers
of the school)
Children, who stay at home and ride their parents’ or grandparents’ horses
are more confident, demonstrate good communications skills and are open to
talks, whereas children, who stay at others’ homes and ride others’ horses have
low self-esteem, fear and worry about a lot of things, have a high anxiety
and always worry about the well-being of their siblings and miss them much.
According to child jockeys, works to be performed by paid child jockeys were
different than those of child jockeys that were relatives of the horse trainer:
having lighter work performed by relatives and more work by child jockeys
from other homes; and horse trainers and their assistants make fun of younger
kids, while the horse trainer’s kids bully child jockeys.

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IN MONGOLIA
Survey findings reveal that there was a high chance among child jockeys to
get addicted to bad habits such as smoking cigarettes, swearing, and drinking
alcohol since they stay away from their home, and from their parents’ control
and care.
It can be viewed that exemplification and misbehavior of assistant horse
trainers, who should be responsible for instructing and observing child jockeys,
may affect adversely the morals of child jockeys. It should be noted that
such treatment of child jockeys would be harmful as it develops negative
social behaviors in child jockeys such as bullying others, deciding matters using
physical force, discriminating against one another, classifying and grading
others.
Since the works of child jockeys and the nature thereof contain all
characteristics of slavery, where (1) a child or young person under the age
of 18 years, (2) is delivered by either or both of his natural parents or by his
guardian to another person, (3) whether for reward or not, (4) with a view to
the exploitation of the child or young person or of his labor, it must be noted
that there is a strong reasoning to deem that the labor of child jockeys hold the
form of slavery, and it is essential to implement policies to regulate this matter
completely by considering all legal, aspects and socio-economic conditions.
CONCLUSION
There are not so few children in Mongolia engaged in labor, especially
in the worst and hazardous forms of child labor, but legal regulations and
frameworks are not effective enough to protect their rights, separate them
labor and socialize them. It can be said that it’s almost impossible to detect
child labor, however it’s essential for the protection of children in the future,
thus it is essential to generate database on the basis of comprehensive surveys,
and increase the efficiency of monitoring and observation.
Minimum Age Convention No.138 of ILO stated that every state member
should prepare and implement action program for eliminating first and foremost
the worst forms of child labor. Although Mongolia reflected in several policies
and programs the provisions on prohibiting and eliminating the worst forms
of child labor, there is no effective program or integrated policy specifically
aimed at elimination and prohibition of child labor, which affect adversely on
the outcome of activities in this sector.
It can be noted that particular regulations on prohibition of child labor
and promotion of child employment were incorporated in the Labor Code of
1999, and the revised Code of 2022 had elaborated and sophisticated such
regulations.
International instruments to which Mongolia is a party and national
legislations on the worst forms of child labor, all forms of slavery, including sale
and trafficking of children, debt bondage, serfdom and forced or compulsory

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labor; use of children in armed conflicts, use of children for illicit activities,
in particular for the production and trafficking of drugs, prostitution and
for pornography; are in force and effective. However, as the survey findings
suggest, some legislations including the Criminal Code, Law on Infringement
and the Law on Child Protection should be amended, and the legal framework
should be improved.
Because harmful forms of child labor or work nature and conditions that
are likely to harm the health, safety and morals of children are not regulated
adequately by legal regulations, and due to lack of regular update and revisions
of such regulations based on relevant surveys and studies, the activities of
defining, raising awareness on and prohibiting the worst forms of child labor
could not be effective enough. Due to too limited belief in some local areas
that children should not be engaged in work and labor, rights and interests of
children and parents are being violated.
Therefore, it is important to revise legal regulations on prohibition of the
worst forms of child labor, and raise public awareness through accessible and
effective ways. No doubt that the appropriate definition of light labor forms
that can be performed by kids should have a positive impact on the outcome.
It is also essential to immediately approve the list of light works to be
performed by children aged 13 years, and work conditions of such works;
protect the rights and legitimate interests of children when enforcing the list
in practice; ensure the access of children in labor to education services, and
socialization; and create in advance the fundamental legal and social conditions.
In order to prohibit effectively and eliminate the worst forms of child
labor, and determine accurately the works that can be performed by children,
it is essential to define the present state of child labor and employment, and
develop comprehensively and completely the activities directed toward children
engaged in labor and employment. Especially the work and working conditions
of child jockeys encompass hazardous and even the worst forms of child labor.
The fact that a child aged 7 years can become a jockey makes it doubtful
whether Mongolia fulfills its undertakings in front of international states. Thus,
it is important for interested parties to reach a consensus on the matter related
to child jockeys, and take specific actions.
As the present state of labor and employment of children suggests, children
who are likely to be exposed to child labor are those from poor families, and
the common reasons for engaging in labor include alcoholism, divorce, and
homelessness. On the other hand, children who aren’t from poor families, are
involved in crimes or become victims of crimes; addicted to bad habits such as
drugs, narcotic drugs, alcohol and smoking; and exposed to the worst forms
of child labor such as prostitution and pornography because of neglect by
parents and guardians, such as having insufficient parental control and care,
abandoning and causing the child to head the family.

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A child is a legal subject but not an individual with a full legal capacity
when it comes to labor relations, meaning the child has no right to enter into
agreement or contract relations independently, therefore it is common among
children to enter into labor relations without official agreement or contract and
not to be able to protect his/her rights in such relations. Especially, children
have their rights violated, face financial losses, and get exposed to physical and
psychological violence, get injuries, go through moral degradation, and become
the victims of slavery, crime and offense as they obediently work in heavy,
harmful and dangerous conditions without opposing illegal acts and faults
of employers because of the inability to ask for compensation by estimating
potential risks when entering into contract relations or negotiating the conditions
in favor of themselves due to a lack of previous working experience.
Practices and conditions similar to slavery are common in child labor
relations, including working for multiple hours or for multiple days, having
indefinite work conditions and unclear work, working with less or without pay,
having the pay cut off without reasonable grounds, giving to or having their
salaries deducted by their parents, guardians and others such as meditators,
having no access to social protection and educational services, and engaging in
labor and work in a condition isolated from social life.
Although it’s uncommon, there were several cases where girls are induced
to prostitution and pornography; exposed to sexual exploitation and violence,
get pregnant at young age, have their reproductive and sexual rights uninsured,
become victims of crimes; and as for boys it’s more serious than they get
involved in drinking, crimes and offenses, get prosecuted or punished, get
injuries while performing their works, get seriously traumatized, and they work
in heavy and harmful conditions suffering their health and morals.
Time limit for children to engage in household economic works and in
unpaid household services had been established by norms, standards and
indicators prepared by international organizations, however in Mongolia
children could not enjoy their right to education, rest, to have free time, play
and participate in games appropriate for their ages, take parts in cultural life
and creative activities because of being busy everyday by spending a lot of
hours for household services besides being engaged in work, do household
services for other households besides their homes and assisting workers and
laborers of adults without any pay.
Child jockeys get hurt and injured because of falling from the horse, and
are exposed to physical and emotional violence such as scolding, beating, and
other punishments; are at stake of getting addicted to bad habits such as
drinking and smoking, and experiencing moral declines such as swearing and
being isolated from society, having no friends. These are all the characteristics
of the worst forms of child labor. Furthermore, child jockeys work for many

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hours inappropriate for their age, do horse-related work without rest, horse
trainers send their pay to their parents or guardians directly, or when they
get their pay they spend it on their families, they are paid at rate below the
minimum wage, and could not be involved in social protection and welfare
services.
PROPOSALS
On prohibition and elimination of the worst forms of child labor:
1. Define work safety and security in the workplace conditions and requirements
for engaging children in artistic and sports performances such as circus
play, contortion, and acrobats;
2. Revise the list of jobs prohibited for minors by including jobs that are likely
to expose children to sexual violence, and impact on mentality and morals
of children in this time of high technological development;
3. Develop a methodology for collecting data on children engaged in labor
for the Child and Family Development and Protection Database, and ensure
regular update and monitoring;
4. Appoint by law the relevant organizations to be in charge of creation and
maintenance of the database of children who are likely to be engaged in
the worst forms of child labor;
5. Detect in partnership with all relevant parties and respond to the cases
where the child uses the salary for paying off the debts or the housing loan
on behalf of his/her parents, or is engaged in labor as serfdom without
pay; and infringements where a minor is engaged in labor outside, for
prolonged and night hours, carrying and transporting heavy loads;
6. Monitor and inspect regularly the workplace of children, who work in the
condition with limited communications with others; and review and resolve
the cases where the total hours spent by a child for unpaid household
services and household economic activities are too much as compared to
the age of the child;
7. Organize regularly the training and provide information to the state
inspectors in charge of child rights and labor matters, and relevant police
officers on guidelines and instructions for inspecting working conditions
of children engaged in labor, and resolving the labor exploitations in the
course of work executions;
8. Prepare and implement step-by-step the program on raising awareness on
combatting illicit activities including the trafficking of drugs and psychotropic
substances;

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9. Give advice and tips on harassment and violence in the world of work, and
organize online and in other accessible forms the training on prevention
and protection of rights from violations for the children of all groups who
are likely to engage in the worst forms of labor;
10. Determine specifically the legal and state service systems for including into
social protection (health, social and life insurences, etc.) the children who
are engaged in labor and receive salaries, and promote its benefits to the
public.
On prohibition and elimination of the worst and most hazardous forms of

labor of child jockeys:
1. Tripartite agreement should mandatorily be established by and between the
horse trainer, child jockey or horse trainer’s assistant child and their parents;
2. Normative pay for child jockey or horse trainer’s assistant child should be
established in consistency with the age difference.

CHAPTER IV
freedom from domestic
violence
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“... enjoy the right to … safe environment”,

“... The State protects the interests of the family, motherhood and
the child”, “right to personal liberty and safety”,
(Paragraphs 2, 11 and 13 of Article 16 of the

Constitution of Mongolia)
“The State is responsible to the citizens for the creation of economic,
social, legal, and other guarantees ensuring human rights and freedoms, for
the prevention of violations of human rights and freedoms, and restoration
of infringed rights”,

“Every child shall have, without any discrimination as to race, colour, sex,
language, religion, national or social origin, property or birth, the right to
such measures of protection as are required by his status as a minor, on the
part of his family, society and the State.”
(Paragraph 1 of Article 24 of the International Covenant on

Civil and Political Rights)
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4.1 introduction
State Great Khural of Mongolia ratified the Law on Combatting Domestic
Violence in 2004, revised in 2016, establishing a legal framework for early
detection and termination of domestic violence, protection of life, health and
safety of and provision of services to the victims and their family members,
and prevention mechanisms and activities.
The practice of recognizing most cases of domestic violence as an
infringement had changed, some serious acts of domestic violence such as
regular beating, harsh treatment, cruel behavior, and torture of persons familial
relationships made a criminal offense, punishment for such acts had been
incorporated in the 2015 Criminal Code, imposing restrictions on freedom to
travel for a period of 6 months to 2 years, or sentencing with imprisonment
for the same period. The Law on Combating Domestic Violence stipulates
punishments to be imposed for persons who failed to report domestic violence,
changed the purpose of the shelter and used for other purposes, and entered
the shelter by breaking the rules; and making some cases of domestic violence
criminal offenses.
On the 5th of February 2016, the State Great Khural of Mongolia ratified
the Law on Child Rights and the Law on Child Protection in conformity with
the Constitution of Mongolia, Civil Code and the Law on Family, creating legal
framework for prevention, early detection and response to child violence.
In the framework of the implementation of the Law on Combatting
Domestic Violence, the Government of Mongolia adopted and enforced a total
32 procedures and 1 standard.
Although Mongolia had made the above progresses at the policy level,
domestic violence still clings on as the safety of victims of violence is not fully
protected and services to victims are not provided sufficiently.
Child Helpline 108 call center received a total of 1,053,633 reports and calls
and provided helpline services to 949,669 calls for the period between 1 June
2014 and 31 December 2021.1
The Police received and investigated a total of 267,221 complaints and reports
on crimes and offenses in 2021, of which 40,148 or 15 percent were committed
due to domestic violence had risen by 6 percent or 2,258 as compared to the
previous year. Of reported 25,429 crimes, 1,531 or 6 percent were committed
due to domestic violence, which had gone up by 393 or 34.5 percent. A total
of 2,074,412 offenses were reported, of which 9,526 or 0.6 percent were
“violation of the Law on Combatting Domestic Violence” as stipulated in Article
5.4 of the Law on Infringement, and it had declined by 780 or 7.6 percent as
compared to that of the previous year.
1
Official letter No.01/196 of the Authority for Family, Child and Youth Development, dated 23
March 2022.
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Of domestic violence crimes, 90 percent were minor crimes and 10

percent were grave crimes, and 55.7 percent of them had been committed in
Ulaanbaatar, 44.3 percent in rural areas, 51.91 percent in a drunk state, and
7.2 percent had been committed with the involvement of women. A total of
24,994 persons became victims of total crimes reported in 2021, of whom
1,489 became victims of domestic violence and these victims include 1,310
(88%) women and 159 (10.7%) children.2
It shows that families and children still suffer from serious psychological
and socio-economic harms, caused by violence and it causes major damage
and side effects to the economy of Mongolia. The total overall cost incurred by
violence is estimated at MNT 601.2 billion3, according to research data.
Governor of the Capital City released in 2007 a decree on establishing in each
khoroo and district of Ulaanbaatar the “Multi-disciplinary team” comprising
khoroo Governor, social worker, precinct chief and inspector, family doctor,
and social workers of educational institutions in the respective circuit with a
view to prevent from domestic violence and violence against children and to
protect the victims. Following the establishment of “Multi-disciplinary teams”
in Bayankhongor, Dornod and Uvurkhangai aimags under the respective aimag
Governor’s decree, the same teams were formed in local areas inclusive of
multi-sectoral specialists, laying grounds for victim protection activities to take
place.
Revised Law on Combating Domestic Violence provided the legal framework
for prevention of family members from domestic violence and children from
domestic and other social violence and risk conditions; detection and reporting
of families with a potential risk of violence; planning and implementation of
activities to end violence; and operation of multi-disciplinary team, one-stop
center and shelter for providing to victims the services specified by law4.
For the purpose of ensuring inter-sectoral harmonization the Law on Child
Protection had been amended and the clauses related to multi-disciplinary
treams had been modified, transferring the team from the Ministry of Labor
and Social Protection to the Secretariat of Coordination Council for Crime
Prevention under the Ministry of Justice and Internal Affairs.
“Procedure for operating and financing the activities of multi-disciplinary
team” was adopted under the joint Decrees No.А/173, No.А/251 and No.А/380
of the Minister of Labor and Social Protection, Minister of Justice and Internal
Affairs, Minister of Health issued in 2017, and other legal documents, including
the procedures for conducting situation analysis on multi-disciplinary team
2
Official letter No.2/70 of the Secretariat of Coordination Council for Crime Prevention in
Mongolia, dated 10 March, 2022.
3
Government of Mongolia, UNFPA, SDC “Economic costs of intimate partner violence in
Mongolia”, 2020.
4
Paragraph 33.1 of Article 33 of the Law on Combating Domestic Violence.

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services, providing psychological counseling and services, referral, ensuring

the victim’s safety and providing temporary protection for children had been
adopted and enforced by the relevant authorized state organizations.
Legitimization of functions of the multi-disciplinary team, one-stop service,
and shelters and creation of formal structure enabled the victims or those
who are likely to become the victims of domestic violence to get professional
services from the primary territorial administrative unit.
There are 17 one-stop service centers, 21 shelters, and a total of 38 one-
stop service centers and shelters nationwide, of which 22 operate in local areas.
In partnership with the National Center Against Violence, the NHRC carried
out in 2021 the monitoring and evaluation on 40 multi-disciplinary teams in 24
soums and 16 baghs in 21 aimags, 14 shelters and 7 one-stop service centers
in 19 aimags in order to detect whether the operations and activities of multi-
disciplinary teams, shelters, one-stop service centers, specified in the Law
on Combating Domestic Violence are victim-friendly, human rights-oriented,
reliable and accessible. Findings are reflected in this Report.
4.2. Structure, organization, and human resource of the multi-

disciplinary team
As of 2021, there are 715 multi-disciplinary teams comprising 6,065 members
were operating nationwide.5 According to the Law on Combatting Domestic
Violence, citizens’ representative khurals of aimags, the capital city, soums
and districts are in charge of forming multi-disciplinary teams in soums and
khoroos, and monitoring their activities6.
Structures and compositions of 715 multi-disciplinary teams operating
nationwide vary depending on local characteristics, population density, and
specialist resources. Although the Law7 stipulated that the multi-disciplinary team
should be established at the soum, bagh and khoroo level, multi-disciplinary
team was established in each bagh of some densely populated aimag centers
in order to make available to everyone the services for victims. Each soum and
khoroo has one multi-disciplinary team operational by law, though some local
units established one multi-disciplinary team between two baghs.
Multi-disciplinary teams comprise social workers from soums, khoroos,
schools, social welfare, child and family development centers, family doctors,
police officers, and representatives of non-governmental organizations that
provide services in the same area, in accordance with the Law8.
5
6
Subparagraph 18.1.5 of Article 18 of the Law on Combating Domestic Violence.
7
Law on Combating Domestic Violence.
8

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“Procedure for operating and financing the activities of multi-disciplinary

team” states that social workers, social policy specialists from healthcare
institutions of soum, bagh, khoroo, if necessary supervisors of preschools
operating in the territory may be added to the team9.
As the Law provides10, representatives of non-governmental organizations
should be included in the multi-disciplinary team, but such teams were
established in local areas without representatives of NGOs since there were no
NGO that operates in the area of combatting child and domestic violence in
local areas, especially in remote soums and baghs. In addition, Authority for
Family, Child and Youth Development do not employ social workers in each
soum, and thus, a representative could not be included in the team.
In some local areas, members to be included in the composition of multi-
disciplinary team were appointed not by their positions as stipulated by law,
but by their names, and when the specialist is dismissed or transferred to
another position, the post becomes vacant and the operations get interrupted.
In soums, social policy specialists of Governor’s Office, in khoroos,
development social worker, and in baghs, social worker of the bagh should
be the secretary of the multi-disciplinary treams,11 and the secretary should
be responsible for allocating duties to team members and monitoring their
participation ad outcomes, besides being in charge of functions, specified in
paragraph 26.1 of Article 26 of the Law on Combatting Domestic Violence.12
Social workers of the multi-disciplinary team should perform multiple duties,
provided in the Law on Combatting Domestic Violence, Law on Child Protection
and Law on Social Welfare and the social worker of the multi-disciplinary team
alone conducts 80-90 percent of the team operations, including carrying out
more than 20 different studies, organizing, planning and reporting day-to-day
activities of the team, conducting prevention and situation analysis, providing
basic psychological counseling for victims, protecting victims and involement in
necessary services13.
Of 40 multi-disciplinary teams, involved in the monitoring and evaluation,
31 teams had the position of a “social worker”, of which 13 were professional
social workers.
It is because the post of “social worker” is not included in the structure of
the soum or aimag Governor’s Office according to the Government Resolution
9
Paragraph 2.1 of Article 2 of the “Procedure for operating and financing the activities of multi-
disciplinary team”.
10
Law on Combating Domestic Violence.
11
Paragraph 2.3 of Article 2 of the “Procedure for operating and financing the activities of multi-
disciplinary team”.
12
Subparagraph 3.2.3 of Article 3 of the “Procedure for operating and financing the activities of
multi-disciplinary team”.
13

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No.13, issued on 14 January 2009 which established the staff limit for the
soum Governor’s Office.
The social worker of the multi-disciplinary team is required to be a
professional social worker; however it was common that most social workers
at the bagh level-the primary unit happen to be unprofessional.
For instance, as of 2021, a total of 678 social workers were included
in multi-disciplinary teams nationwide, of which 259 or 38 percent were
professional, 419 or 62 percent were unprofessional14. Of 40 multi-disciplinary
teams involved in the monitoring and evaluation by the NHRC, 27 or 68 percent
were unprofessional including veterinarians, political scientists, economists, and
foreign relations officers.
It is because of employing persons without considering their professional
background due to lack of human resources at the primary unit or bagh level.
As required by the revised Law on Civil Service, job description per each position
should be approved, the grade of position of the social policy specialist or the
secretary of the multi-disciplinary team had been approved as TZ-3, and that
of social worker of the secretary of bagh multi-disciplinary team as TZ-1, which
is lower than the amount of their workloads, responsibilities, and functions.
There were good examples, where 18 multi-disciplinary teams of Darkhan
soum in Darkhan-Uul aimag had full-time social workers, and multi-disciplinary
teams in Kherlen soum in Dornod aimag had approved 2 posts of social worker.
Team assistant, organizer, social policy specialist and school social worker
perform the duty of the secretary of multi-disciplinary teams that had no full-
time social workers.
Authority for Family, Child and Youth Development conducted in 2021
survey on “Human resource capacity, results of performance of functions and
activities, and needs for training and methodology”, involving 2,807 members
of multi-disciplinary teams of 21 aimags and soums. Of respondents to the
survey, 14 percent had worked for more than 7 years, 9 percent for 5-6 years,
23 percent for 3-4 years, and 54 percent for 1-2 years in the multi-disciplinary
team. These survey findings match with the results of the monitoring and
evaluation conducted by NHRC.
14
Official letter No.11/724 of the Ministry of Labor and Social Protection, dated 18 March 2022.

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Figure 4.1 Survey on employment period of members of multi-

disciplinary team
7 years and more

14%
5-6 years
9%
1-2 years
54%
3-4 years
23%
This shows that members of multi-disciplinary teams are not stable in

their positions and are replaced within 2-4 years, especially social workers are
replaced at the end of elections as they refer to the Governor
Case 4.1
...It would be efficient if a full-time officer, specialized in domestic violence, is

appointed to the multi-disciplinary team, and coordinate the operations and activities
of the multi-disciplinary team. Multi-disciplinary teams are headed by the bagh
Governors, who have different professional backgrounds, and are changed often,
making it difficult for working on domestic violence cases. Since all members of
the multi-disciplinary teams hold full-time jobs, they focus on their jobs and do not
respond effectively to domestic violence. For example, there was a case where the
perpetrator of domestic violence was the bagh Governor himself...
(From the note taken from the focus group discussion)
Changing the composition of the multi-disciplinary team affects adversely

the quality and accessibility of services for victims and interrupts the continuity
of operations and activities of the team. Such changes are caused by a lack of
bonus provision, non-evaluation of performances, and absence of insurance
for stable working conditions and socio-economic guarantees, besides election
results.
The job description is the formal document that describes key functions of
a given position and qualifications required from a civil servant for discharging
these functions, including education, professional skills, experience and

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competence and serves as the ground for the civil servant to implement the
functions set out in the description of the given position, develop implementation
plan and ensure the execution.15
Although civil servants of the given administrative and territorial unit are
included in the multi-disciplinary team, functions of multi-disciplinary team had
been inadequately reflected in their job descriptions, creating conditions for
this function by law to be executed as a side job.
Therefore, it is essential to specifically formulate the job descriptions of
each team member in order not to create duplication or gap in functions,
and to ensure harmonization of day-to-day activities of the multi-disciplinary
teams because members of such teams perform functions in their respective
organizations.
Case 4.2
...There is one precinct inspector and a family doctor between the 3 teams. The
family doctor didn’t attend once in the multi-disciplinary team meeting during
the Covid-19 pandemic. Like this, we waste time gathering for a meeting. Team
members do not fully realize their responsibilities. They act as if the work should be
performed by the social worker only...
(From a note taken from a focus group discussion)
Job descriptions of the secretary of multi-disciplinary team, social workers

of bagh and khoroo, their supervisor and the Governor do not connect with
each other. The functions of setting out goals and objectives of combating
domestic violence and coordinating activities had not been reflected in the
job descriptions and performance plans of managers of higher supervising
organization of the team members.
Case 4.3
...The Governor concludes with the higher-level Governor a contract with

confirmation. The confirmation says that crime prevention activities shall be
organized in cooperation with the aimag and soum sub-council for crime prevention
and police departments. There are no legal grounds for the Governor to be liable...
(Note taken from an individual interview held with the Governor)
Therefore, it is important to specify in detail and incorporate the functions

and duties of each member of the multi-disciplinary team in the job description,
upgrade the grade of position of the team secretary, and reflect in the
15
Paragraph 3.1.5 of Article 3 of the Law on Civil Service

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job description and performance plan of the management of higher-level

supervisory organization of the members of the multi-disciplinary team the
functions of supporting and coordinating the multi-disciplinary team. Also, it is
crucial to reflect on the performance plan to be established by the Governor,
heading the multi-disciplinary team with the higher-level Governor and the
Prime Minister the functions of working in and managing the multi-disciplinary
team.
This shall serve as the performance indicator to assess and evaluate rationally
the performance of members of the multi-disciplinary team, and to determine
whether the member is to be promoted, whether the grade is to be upgraded,
and whether the salary and bonus will be provided.
Law on Combatting Domestic Violence obliged the Secretariat of Coordination
Council for Crime Prevention to provide professional and methodological
coordination, support and promotion to the multi-disciplinary team, and to
oversee and direct it.16
Within the framework of this function, effective methodological support
activities had been organized. These activities include the independent and joint
publishing of the “handbook for multi-disciplinary team members”, preparation
of guidelines for organizing public campaign, and the organization of major
training and influence campaigns.
According to the monitoring and evaluation conducted by NHRC, involving
40 multi-disciplinary teams of 21 aimags, members of the multi-disciplinary
teams had been enrolled in 1-3 online and classroom training in the past 2 years.
Since multi-disciplinary teams are not stable in terms of human resourses, it is
necessary to organize regularly the orientation training for new members to
build up their capacity and enhance their skills.
Case 4.4
...Because members of the multi-disciplinary team are changed frequently, it is

essential to organize training for new members. For example, I was appointed in
April 2021, but I haven’t been enrolled in any training. So, I have no idea on what
matter I should focus on. There was a case, where a social worker, who had been
working longer than me, had not been enrolled in any training in the last 3 years...
(From a note taken from an individual interview held with a social worker)
In the future, it is important to provide more practical and methodological

training for making analysis and mapping the family psychology, and to revise
and improve on-the-job-training in line with the main functions, and to issue
certifications to social workers. It would be effective if the members of the
16

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multi-disciplinary team are enrolled in the combined theory-practice classroom

training on results-based human rights-sensitive planning and reporting; research
methodology; child rights protection; domestic violence case management;
dealing with persons addicted to alcohol; prevention directed toward target
groups; child protection; and gender equality.
In addition, responsible bodies have to fulfill their legitimate duties, such
as the state’s central administrative body in charge of legal matters should
incorporate into the curriculum and standard for training law enforcement
officers the content on providing applied skills based on the implementation of
the legislation on combating domestic violence; the state central administrative
body in charge of social protection should adopt and monitor the implementation
of the program for re-training officers in charge of providing services and the
procedure for organizing training; the state’s central administrative body in
charge of health matters should organize training and re-training on detecting
persons who are likely to be exposed to domestic violence, providing emergency
medical service and first aid, and improving the capacity of healthcare officers;
and the state central administrative body in charge of cultural and art matters
should promote and disseminate cultural and arts activities, plays and literature
against violence.
Governors of all levels are responsible for providing the necessary equipment
and creating a stable working environment for multi-disciplinary teams to
provide services to victims in the respective areas, and room for social workers
to hold one-on-one meeting with the victim17.
However, none of the 40 multi-disciplinary teams, involved in the monitoring
and evaluation of NHRC had a room specifically designed for holding one-on-
one meeting with the victim. Moreover, the teams were not provided with
necessary equipment such as a computer, printer, copier and camera, which
shows inadequacy of the activities of the Governor, the leader of the multi-
disciplinary team.
Case 4.5
...A victim of domestic violence called me to get counseling in person. We met in a

car outside and provided counseling. Sometimes we hold meetings in the Governor’s
office room...
(From a note of a focus group discussion))
It seems budget-friendly that Bayan-Ulgii and Sukhbaatar aimags operate

one-stop service center by uniting the offices of bagh Governors, but this
solution had distanced the primary level services from citizens, and made it
impossible to respect the dignity and keep the privacy of the victim.
17
Article 19.1.6 of the Law on Combating Domestic Violence.

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Also, multi-disciplinary team members are responsible for protecting the

privacy of the client, however confidentiality of relevant documents and
materials could potentially be breached due to the lack of designated cabinets
for keeping cases and data.
For instance, 85 percent of selected multi-disciplinary teams keep the
confidential materials related to their clients in the desk drawers as they have
no cabinets for storing cases.
Case 4.6
...There is no instruction on how to store and where to submit the closed cases.
These cases are handed over to a person, appointed new to this post. There is a
high risk of losing documents or disclosing confidential data. Since it is unclear so
far where and how long the cases should be kept, we store them in the cabinets.
Completed child case files are mostly sent to the Authority for Family, Child and
Youth Development…
(From a note taken from an individual interview held with a social worker)
Since multi-disciplinary team members maintain formal documentation

and collect evidences and materials in the framework of their functions, it is
essential to get approved the procedure for keeping formal documentation in
the operations of multi-disciplinary team, specifying when and for how long
the completed case files should be kept according to the Universal Procedure
for Maintaining Formal Documentation’s provision, “each organization shall
approve and enforce a procedure for maintaining formal documentation”18.
Furthermore, it is important to provide multi-disciplinary teams with rooms
and equipment for running their activities, and to create client- and victim-
friendly environment and conditions that maintained confidentiality.
Sub-council for Coordinating Crime Prevention, which is responsible for
providing professional and methodological coordination, support and promotion
to the multi-disciplinary team, and to overseeing and directing it as stipulated
by Article 12.2.4 of the Law on Combatting Domestic Violence, fulfills this
responsibility inadequately.
When asked how often the bodies in charge of monitoring operations
and providing support for multi-disciplinary teams during the focus group
discussion held with multi-disciplinary team members as part of the monitoring
and evaluation, 22.2 percent of teams responded local self-governing body
or the Citizens’ Representatives’ Meeting monitor the teams “always”, 33.3
percent replied “often” and 44.5 replied “never”. To the question, “How
18
Subparagraph 2.1.2 of the “Universal Procedure for Maintaining Formal Documentation”,
adopted under the Government Resolution No.246 of 2020.

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often the Sub-council for Coordinating Crime Prevention performs its duty to
provide professional and methodological coordination, support and promotion
to the multi-disciplinary team, and to oversee and direct it?” , 33.3 percent
replied “always”, 66.7 percent said “never”. Of teams, 55.6 percent responded
“always”, 22.2 percent “often”, and 22.2 percent “no” to the question “Does
the Governor coordinate the multi-disciplinary team, provide stable working
conditions and oversee it?”. About 66.7 percent of teams said “always”, 22.2
percent “often”, and 11.1 percent “no” to the question “Does the Authority for
Family, Child and Youth Development collaborate with the multi-disciplinary
team?”. This shows that Authority for Family, Child and Youth Development
extended close cooperation with the multi-disciplinary team.
It is stated in subparagraph 14.1.4 of Article 14 of the Law on Child Rights,
"State administrative body in charge of child and family development matters
shall be responsible for preventing child rights violations, counselling and
providing methodological support to state organizations and legal entities, and
monitor by implementing functions specified by the law.” Article 18 of the
Law on Child Protection stipulated the child protection operations and activities
of the state administrative body in charge of child and family development
matters.
It shows that the main functions of the multi-disciplinary team such as
prevention and provision of services are inconsistent with the functions of the
Authority for Family, Child and Youth Development by law. It was mentioned
in the Report on the Evaluation of the Implementation of the Law on Child
Protection, “Since funding of the multi-disciplinary team is decided by the
Ministry of Justice and Internal Affairs, Authority for Family, Child and Youth
Development has no power to work with the team. It means that multi-
disciplinary team could only respond to domestic violence against children.
However, there are many forms of violence outside the family setting. In those
cases, the team could not provide services directed towards children.”19
Also, scope of operations of the Secretariat of Coordination Council for
Crime Prevention and its sub-council that provide integrated coordination for
the operations and activities of multi-disciplinary teams is too broad, and they
don’t operate regularly and are incapable of providing professional counseling.
Sub-council for Crime Prevention should ensure inter-sectoral coordination
of operations combatting domestic violence and providing integrated
coordination and management, according to the Law on Combatting Domestic
Violence. However, the majority of operations of the multi-disciplinary teams
require professional social workers’ qualifications and skills such as conducting
situation analysis on the victim and his/her family, providing psychological and
legal counseling, and providing child protection services. Therefore it is proper
19
Coram International, “Report on the Evaluation of the Implementation of the Law on Child
Protection”, 2021.

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to oblige the state’s central administrative body in charge of family and child
matters to improve the capacity of multi-disciplinary teams in relation to social
works and services to be provided for victims, and to provide professional and
methodological coordination to the team.
4.3 Financing of the Multi-disciplinary team

As stated in Article 19.1.5 of the Law on Combatting Domestic Violence,
governors at all levels should submit to the citizens’ representative khurals
the proposal on incorporating the cost of services to be provided to victims
in a budget and reporting the budget execution20, and aimag, capital city,
soum and district citizens’ representative khurals should reflect and approve
the operational budget on combatting domestic violence within a respective
jurisdiction as proposed by the governor, and consider performance reports21.
It is stated in Article 5.1 of the “Procedure for operating and financing the
activities of multi-disciplinary team”, “Operational costs of multi-disciplinary
teams should be financed from the national and local budgets, and other
sources permitted by law”, and in Article 5.2, “Budget for the multi-disciplinary
team service cost shall be reflected every year by the soum, district, aimag and
the capital city governors in the operational costs for combatting domestic
violence, and submit to the citizens’ representative khurals of the respective
level within the period specified in Article 8.5.1 and 8.5.3 of the Law on
Budget.”
In 2021, MNT1,200,462,381 had been provided to 715 multi-disciplinary
teams nationwide22.
Table 4.1 Data of financing of multi-disciplinary teams

Financer Purpose Amount
Secretariat of Coordination Council Acceleration of operations and
MNT 333,200,000
for Crime Prevention activities of multi-disciplinary team
Authority for Family, Child and
Case management MNT 151,800,000
Youth Development
World Vision International
Case management training MNT 272,127,326
Organization
Save the Children Japan Case management MNT 86,346,355
Capital city sub-council for
Incentives equipment MNT 132,500,000
coordination of crime prevention
Local Service, operations, incentives MNT 224,488,700
Total MNT 1,200,462,381
20
21
22

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The above data shows that only 12 percent of the total budget for multi-
disciplinary team had been provided by local budget which shows the inadequate
fulfillment of the duties of budgeting, submitting for approval, and approving
the budget for operations to combat against domestic violence in the respective
jurisdictions. It hinders the normal operations of the multi-disciplinary team.
For the purpose of accelerating the operations of multi-disciplinary teams
Minister of Justice and Internal Affairs provided in 2021 the funding of MNT
333,200,000 from the budget package: MNT 300.0 thousand to each local
multi-disciplinary team and MNT 1.0 million to each multi-disciplinary team of
khoroo.
This funding had been a crucial support for the operations of multi-
disciplinary teams, however during monitoring and evaluation of NHRC, the
funding had not been provided yet, and 23 out of 40 multi-disciplinary teams,
involved in the monitoring had no financing at all, and only 5 of them had
been financed from the local budget.
Figure 4.2 Form of financing of multi-disciplinary team
No budget
Governor’s Office and Citizens’

Representatives’ Meeting
Governor’s resources
Projects of international organization
Authority for family, child and

Youth Development
Percent Number
Case 4.7
...Since multi-disciplinary team budget is small, sometimes social workers had to

cover from their pockets the cost for traveling to local areas and working with
cases …
(From a focus group discussion held with multi-disciplinary team members)

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All of the above show that governors at all levels could not sufficiently fulfill
their duties to submit to the citizens’ representative khurals the proposal for
incorporating costs related to providing services to the victims in the budget;
to ensure day-to-day coordination and management to the multi-disciplinary
team operations and activities; and to provide equipment and stuff necessary
for the operations and activities. On the other hand, there were several cases
where proposals submitted by the governors had not been approved by the
Citizens’ Representatives’ Meetings.
For instance, social workers of 8 teams, involved in the monitoring and
evaluation of the NHRC submitted their proposals on reflecting in the local
budget the funding necessary for operations and services, and the governors
submitted those proposals to the citizens’ representative khurals for approval,
but they had not been approved.
Case 4.8
...Citizens’ khurals do not approve the budget for multi-disciplinary teams, claiming
they don’t have money. Only 60-70 out of over 700 multi-disciplinary teams operating
nationwide have budgets. They get budgets of MNT 500 thousand at least, and
even MNT 1-3 million approved, but the majority of teams have no budget. Money,
generated to the budget from the fines paid by perpetrators of domestic violence,
should be allocated to multi-disciplinary teams…
(Interview held with D.Undraa, Director of “Ujin” Center for Child Rights and
Protection)
Case 4.9
...Every year a budget proposal for incorporating operational costs of multi-

disciplinary team of the 3rd bagh of Erdenebulgan soum, Arkhangai aimag in the
soum annual action program is submitted along with an official letter to the Citizens’
representative khurals but it had never been approved...
(From the interviews held with multi-disciplinary team members)
Bagh and khoroo governors experience the following difficulties when

fulfilling the obligations set out in Article 19.1.5 of the Law on Combatting
Domestic Violence. It is stated in Article 16.1 of the Law on Budget, “Budgetary
entities shall be managed by direct budget governors who shall provide these
budgetary entities with efficient operational management and be responsible
for their management”, and in Article 16.4.15, “Head of the office of aimag,
the capital city, soum and district Governor shall act as the Direct budget
governor of the Office of the Governor of the respective level.” Since bagh and
khoroo has no budgetary account, costs of multi-disciplinary team operations

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are transferred to the Governor’s private account. Because of it, information

on financing is not transparent to multi-disciplinary team members, and it
interrupts monitoring, reporting and debriefing.
Case 4.10
...Because khoroo has no account the funding is transferred to the Governor’s

account. Social workers have no idea when and how much money had been
transferred in and out...
(From a note taken from an individual interview)
In 2021, Authority for Family, Child and Youth Development provided

to 212 multi-disciplinary teams that support resolving 904 cases related to
children23 and 10 multi-disciplinary teams of those, involved in the monitoring
and evaluation of NHRC, received that funding.
Following the case, where a majority of these funds had been allocated
via Child Helpline-108, funding is given only for providing services related
to children within the case depending on the number of receipts, therefore
operations to protect and recover the rights of other family members, and to
get protection remain non-financed.
Article 12.2.1 of the Law on Combatting Domestic Violence states that the
Sub-council for Coordinating Crime Prevention should submit to the governor
of respective level the proposals on reflecting funding in the budget that is
required for planning and implementation of prevention of domestic violence
and rendering services specified in the present law to the victim, but the Sub-
council is performing this duty inadequately.
It is because of inadequate implementation of the Law on Combatting
Domestic Violence and “Procedure for operating and financing the activities of
multi-disciplinary team”, weak participation and initiatives of local authorities
obliged by law, gender-insensitivity, and lack of knowledge and awareness on
the Law on Combatting Domestic Violence.
The Ministry of Justice and Internal Affairs, and Ministry of Labor and
Social Protection are revising the “Procedure for operating and financing the
activities of multi-disciplinary team” and the draft revision contained several
new regulations on provision of financing to multi-disciplinary teams. For
example, it included that micro projects on prevention from domestic violence
should be implemented, and be financed by aimag, the capital city, soum and
district Secretariat of Coordination Council for Crime Prevention, child protection
23
March 2022.

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service expenses should be provided by the local department of Authority for

Family, Child and Youth Development as per each service provided as specified
in the Law on Child Protection, funding for actions reflected in the annual
plan of multi-disciplinary team should be financed by the aimag and district
governors by adding it to the expenses for child protection and combat against
domestic violence activities.24 In the future, it is essential to clearly specify the
financing source for multi-disciplinary teams, facilitating conditions for such
teams to run their normal operations.
4.4. Functions and operations of the multi-disciplinary team

Multi-disciplinary team is responsible for early detection of families that
are likely to get exposed to domestic violence, and provision of safety and
security protection, psychological counseling, medical care, social welfare, child
protection, legal assistance, and referral services.25
It is responsible for the provision of social work at the primary level such
as receiving information on supporting and assisting to re-socialize again the
children, who are in risky situations, became crime victims, are involved in
crime or offense, are sentenced to detention or compulsory measures, and are
released from the Specialized training facility; detecting and investigating such
cases; conducting situational analysis, ensuring safety, supporting, providing
referral service, providing child rights legal committee services and reuniting
children with their families in order to organize in harmony and efficiently the
domestic violence prevention operations and activities of the state and the civil
society organizations.
In sum, multi-disciplinary team is the unit with important role of providing
crucial comprehensive and specialized services that are specified in the Law on
Combatting Domestic Violence and the Law on Child Protection.
Prevention and early detection
Multi-disciplinary team is in charge of minimizing risks that may cause
domestic violence and violence and offense against children in other social
environment, early detecting incidents, reducing losses and damages,
strengthening protection mechanisms, and organizing preventive measures
step-by-step in order to increase anti-violence attitudes and awareness of the
public, organizations, target groups and individuals, and implementing adopted
action programs and plans.26
Organizing prevention from violence as per the plan based on studies would
be of great significance in running influence campaigns and training activities
effectively, detecting and ending violence early. Nevertheless, 42.5 percent of
multi-disciplinary teams, involved in monitoring and evaluation of the NHRC
24
Website of the Minister of Justice and Internal Affairs <https://mojha.gov.mn/>
25
26
Annex to the “Procedure for operating and financing the activities of multi-disciplinary team”.

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had no plan for implementing activities to prevent violence, or the plans were
too generic that had not grounded on research, and execution of the plan had
not been assessed.
Monitored multi-disciplinary teams organized training and influence
campaigns for the public an average of 1-2 times a year, which is insufficient
and even some prevention activities had been limited by participation in activities
organized by supervising organizations for all.
Its main reasons were the lack of budget for organizing prevention measures,
poor methodology of organizing influencing campaigns and teamwork capacity,
insufficiency of information and handout materials to people, and the outbreak
of the Covid-19 pandemic.
Also, the law stipulates that it should organize training and awareness
raising campaigns for the public on domestic violence prevention in
collaboration with the non-governmental organization that operates in this
area27. In this regard, prevention activities had been organized with the support
of non-governmental organizations and companies in forms of advertisement
propaganda, organizing online training, and publishing manuals, posters and
videos with legal information on boards and websites.
For instance, multi-disciplinary team of Dornod aimag has become a good
example of being active and initiative as it glued on the packages of food
products produced by “Dornod guril” LLC the sticker “Positive child upbringing”,
distributed the products, and participated successfully in projects and programs
implemented by Save the Children Fund, and had particular share of operational
costs paid by the Fund.
According to the survey among relevant organizations to determine the
role and participation of representatives of non-governmental organizations
in activities to combat domestic violence, 75 percent of 20 non-governmental
organizations participated in the survey said “yes” to the question “Will you be
able to be responsible for disseminating information and organizing training
advertisement for the public on child protection, and prevention from domestic
violence and offenses?“.28
In the future, encouraging the participation of non-governmental
organizations to participate in disseminating information and organizing
training advertisements for the public on child protection, and prevention from
domestic violence and offenses and financing them on a contractual basis
would be crucial for reducing state workloads.
In addition, it is important for aimag and local authorities to organize
effectively in collaboration with the education, culture, law enforcement,
27
28
“Present situation of capital city multi-disciplinary teams and needs for building their capacity”
survey, 2021.

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health and media organizations that are obliged under the Law on Combatting
Domestic Violence the activities to enlighten and prevent the public by
removing root causes of domestic violent, and developing zero tolerance to
violence behavior and attitude; to study factors that affect the violence and
take measures to reduce them, such as reducing the number of alcohol selling
points, creating new jobs, promoting the employment of persons who had
been or are likely to be subjected to violence, and involving such persons in
vocational training and public healthcare services.
Multi-disciplinary team members named “alcoholism” as one of the root
causes of domestic violence. In the territory of 40 multi-disciplinary teams,
involved in the monitoring and evaluation, there are 521 alcohol selling points,
which means an average of 13 alcohol points per multi-disciplinary team.
Case 4.11
...No domestic violence crime or offense had been reported to the team during the
lockdown of the Covid-19, when sales of alcohol was prohibited. The number of
violence had increased following the lift of restriction measures. Actually it is alcohol,
that causes domestic violence. Both parents get drunk in front of their kids. Alcohol
point, which violates the procedure, is closed, but is opened soon. Combat against
domestic violence should take place along with the combat against alcoholism...
(From an individual interview held with a citizen)
In order to prevent domestic violence, it is essential to develop activities

and psychological services toward the perpetrator and the family members.
However, the realization of “volunteer training for influencing the perpetrator’s
behavior”, as stated in Article 44 of the Law on Combatting Domestic Violence
is not adequate in local areas. Thus, it is important to take measures at once to
ensure implementation of the “Volunteer training to influence the perpetrator’s
behavior”, adopted under the joint Decree No. А/63, No.48 and No.106 of the
Minister of Justice and Internal Affairs, Minister of Labor and Social Protection
and Minister of Health, issued in 2017, prepare and involve psychologists and
non-governmental organizations into the implementation activities.
Early detection of potential or actual domestic violence is crucial for the
protection of life, health and safety of the victim. A situation, which may
lead to domestic violence, or where violence may be repeated is considered a
potential risk of domestic violence.
In collaboration with the soum and bagh Governor, police department,
healthcare officer, bagh and khoroo officer, the social worker of the multi-
disciplinary team should carry out a survey on early detection of children and
families at risk of being exposed to violence, record and use the survey in the
operations.29
29
Subparagraphs 26.1.5 and 26.1.6 of Article 26 of the Law on Combating Domestic Violence.

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Social workers of the multi-disciplinary team should carry out more than 20
surveys, but only 14 out of 40 multi-disciplinary teams conducted “Survey on
households with abusive relationship”, a survey on households at potential risks
that is significant for prevention, early detection and termination of domestic
violence. It is doubtful whether these households are checked and monitored
regularly, whether enlightenment activities are organized for target groups,
and whether violence is detected early without the “Survey on households with
abusive relationship”.
The survey30 contains limited information such as full name, registration
number, home address, education, contact phone number, and remarks.
Because the survey contains no questionnaire to clarify the form and frequency
of violence, number of victims, and situations, it cannot be used for planning
services necessary for the victim or the family, and getting funds approved for
such activities.
The Sophistication of the survey on households with abusive relationships
would be beneficial for early detection of hidden violence. Thus it is important in
the future to elaborate survey questionnaires by including the form, frequency
and aggravation of violence and who commits the violence; to prevent from
re-occurrence of violence, to plan the services; to monitor regularly the families
with abusive relationships; and to organize psychological counseling, training
and influencing activities directed towards households at the risk of being
exposed to violence. Soum and bagh Governors are obliged under Article 24.1.1
of the Law on Combatting Domestic Violence to call out a perpetrator to
inform on warning and requirements, but there is no Governor who fulfilled
this obligation. Governors could call out perpetrators and offer them volunteer
training to influence the perpetrator’s behavior.
Services for victims
Multi-disciplinary teams worked on a total of 6,365 cases in 2021
nationwide.31 On the contrary, the police received and investigated 40,148
complaints and reports on crimes and offenses caused by domestic violence in
2021. As compared to the data of police, multi-disciplinary teams had reached
only 15 percent of complaints and reports on crimes and offenses caused by
domestic violence.
Lack of documentation and materials on the record of incoming calls and
reports, absence of data registration, situational analysis, and service provision
illustrated the above situation during NHRC’s monitoring and evaluation. For
example, social workers of several multi-disciplinary teams said there were no
incoming calls and reports on domestic violence, whilst precinct officers said
there were calls concerning domestic violence.
30
Survey on households with abusive relationship.
31
March 2022.

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On the other hand, a police officer, who responded to a citizen’s call on

exposure to domestic violence should assess the level of danger, and should
notify in accordance with a relevant procedure to the multi-disciplinary team
if the risk level is “high” or “medium”. However the majority of interviewees
replied that police officers don’t notify to the multi-disciplinary teams. Because
of it the victim could not able to receive necessary social services immediately,
and it poses potential risk to the life, health and safety of the victim.
Case 4.12
...Victim А used to live in …. aimag with her husband and 2 younger children and
her husband T had been investigated by the aimag police for committing domestic
violence several times. The court sentenced him to 15-day detainment in accordance
with paragraph 4.2 of Article 5.4 of the Law on Infringement, As soon as the
detainment period ended on 19 November 2020, he killed his wife А...
(Information received at the NHRC)
It shows disharmony between multi-disciplinary teams and organizations

responding to domestic violence cases, lack of information exchange and
record of relevant calls and reports in accordance with relevant procedures,
and absence of monitoring and oversight on operations and activities of upper
level supervising officials and team leaders.
By law, social workers of soum, district, khoroo and bagh should plan and
implement victim services based on situational analyses32, identify immediate
needs of victims based on situational analyses and coordinate the actions of
the multi-disciplinary teams33.
According to the monitoring and evaluation of the NHRC, 40 multi-
disciplinary teams conducted situational analyses on 286 cases out of a total
294 cases received in 2020, and on 402 cases out of 426 cases received in
2021. The conduct of situational analyses by multi-disciplinary teams increased
year by year, but the monitoring and evaluation reveal that situational analyses
conducted by multi-disciplinary teams were uneven, lacked strong legal
backgrounds, and majority of them were of low quality due to unprofessional
qualities of social workers, and low capacity. Also, the capacity for planning
and implementing services on the basis of situational analysis, and monitoring
on such activities is weak.
32
Subparagraph 20.2.3 of Article 20 of the Law on Combatting Domestic Violence.
33
Subparagraph 26.1.3 of Article 26 of the Law on Combatting Domestic Violence.

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Figure 4.3 Multi-disciplinary teams, number of cases responded, and

number of cases based on situational analyses, 2020-2021
2020 2021
Total number of cases
Situational assessments are done (total case)
The rate of situational assessment
Joint team
Although as per the above figure, the number of cases to which the multi-
disciplinary teams had responded had increased relatively, this number varied
as per each team, depending on their active operations. Because there were
several multi-disciplinary teams that had not worked on a single case in a year.
It is stated in the Law on Combatting Domestic Violence that multi-
disciplinary teams should provide healthcare services, psychological counseling,
social welfare services, child protection services and referral services.34
Figure 4.4 Services provided by multi-disciplinary teams (2021)
Medical Psychological Social welfare Child Mediate

services services services portection
34

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The above Figure shows that most victims were involved in social protection
services.
There were following difficulties in services provided by multi-disciplinary
teams:
● Unprofessional background of most social workers affects the service
quality. For instance, social workers are required to provide basic
psychological counseling to calm down the victim, but this service is
provided symbolically because they weren’t enrolled in basic training on
psychological counseling and had no specific room for providing such
services.
● Monitoring of referral services of multi-disciplinary teams is weak, have
no to-and-fro communications, and leave victims at one-stop service
centers, or shelters, or nursing facilities.
● Services being provided by the teams could not meet the needs and
demands of target groups exposed to domestic violence. For example,
hard for wheelchair users to have access due to the absence of ramps,
and services had not been provided to persons with hearing and speech
impairment because there was no sign language interpreter in local areas.
Protection mechanism is not working as to detection of children with
disabilities and those in risky situations who are in need of protection.
● Monitoring, professional and methodological support of Sub-council
for Coordinating Crime Prevention to the services of multi-disciplinary
team is insufficient. Constant replacement of social workers, who are
affiliated with the Governor, affects the service quality. It is proper to
affiliate social workers, who conduct all of these operations, to the
Ministry of Labor and Social Protection, in particular to the Authority for
Family, Child and Youth Development.
Case 4.13
...I have speech and hearing impairment. When I went to my relatives in the
countryside, I was exposed to sexual violence. Because of the lack of a sign language
interpreter I could not tell the police what happened to me. Then I called my husband
from the city. Because my husband is also deaf-mute, he brought our 12-year old
daughter with him. My 12-year-old daughter interpreted police what I said. It was
so hard for me to have my daughter as a interpreter for such case. Because of that
my daughter could not get out of shock.
(From an individual interview held with a victim)

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A total of 11 procedures to be followed by social workers of the multi-

disciplinary teams when providing services to the victim had been approved,
and a total 55 pages of 19 forms of 6 kinds should be filled out when providing
the service.
Table 4.2 Forms to be filled out by social workers of soum, bagh and
khoroo
Number of
No. Forms
pages
1. Form for child development and protection service (every quarter) 6
Form for evaluating the domestic violence situation 9
Form XX01 for receiving reports and calls on violations against child
2
rights and protection
Form XX02 for receiving and registering child into child rights and
2. 4
protection service
Form XX03 for evaluating child risk situation 4
Form XX04 for evaluating family situations 7
Form XX05 for safety plan 1
Form ХБ01 for multi-disciplinary team service plan 2
Form ХБ02 for interview record 2
Form ХБ03 for activities record 1
3.
Form ХБ04 for case transfer 2
Form ХБ05 for case file closure 1
Form for confidentiality agreement 2
Outgoing form 1 for referral service 2
4. Form 2 for joint plan for referral service 2
Form for referral service debriefing 2
5. Record of meeting between the victim and the perpetrator 1
Form for handover of children who had been exposed to violence or
who are at risk of being exposed to potential violence to one-stop
2
service center, or shelter, or governmental and non-governmental
6. organization that provide childcare and welfare services
Form for handover of children who had been exposed to violence
or who are at risk of being exposed to potential violence to parents, 3
relatives, or other persons and families
Total number of pages 55
According to the analysis on the record keeping of calls and reports to

multi-disciplinary team as per relevant forms, record keeping of 60 percent of
teams were inadequate.

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Case 4.14
...Could you please explain the process from receipt to closure of case file, and
applied procedures? Do you follow a particular procedure, instruction, or protocol
when working with a case?
I don’t know about that. I never initiated a case. I went with police and psychologist
to one or two cases and said formally to the family members “you can’t do this”...
(Interview held with a social worker of the multi-disciplinary team)
Social workers, involved in the monitoring and evaluation, explained that

too much paperwork instead of providing the services increase their workload,
and is because of lack of methodological guidance.
It is stated that “Multi-disciplinary team meeting should either be scheduled
or unscheduled and the scheduled meeting shall be held at an established
time, and unscheduled meeting shall be held upon the announcement of the
situation, and team meeting shall be deemed valid with quorum 51 percent or
more”35.
Figure 4.5 Meeting frequency of multi-disciplinary team
Meeting of multi-disciplinary team
According to the above figure, multi-disciplinary teams held 75 meetings

with regard to case resolution between 2019 and October 2021. A total 17
multi-disciplinary teams participated in the questionnaire, and average of 1-2
meetings held per year by one multi-disciplinary team shows instability of
multi-disciplinary team operations. There were cases where some members of
the same multi-disciplinary team did not each other at all.
In sum, multi-disciplinary teams do not hold a meeting per case, rather they
meet to resolve special or significant cases.
35
Subparagraphs 3.1.3 and 3.1.4 of Article 3 of the “Procedure for operating and financing the
activities of multi-disciplinary team”.

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4.5 Shelter and one-stop service center

In this report, the NHRC compiled the following current problems found out
from the monitoring and evaluation conducted in partnership with the National
Center Against Violence involving 14 shelters, and 7 one-stop service centers
in 19 aimags to determine whether operations of one-stop service centers
and shelters were victim-friendly, human-rights-based, reliable, accessible,
compliant and qualitative as provided by the Law on Combatting Domestic
Violence.
According to Article 5.1.3 of the Law on Combatting Domestic Violence,
“one-stop service center” refers to inclusive services for a victim who is
temporarily accommodated at a medical institution, public and non-public
organization and referred for health services and other services stipulated
in the present law, and by subparagraph 5.1.5, “shelter” means a standard
place to accommodate a victim for a certain period of time and to render
services under this law. Although shelter and one-stop-service center had been
differentiated by law as above, every one-stop service center in local areas that
had been involved in the monitoring and evaluation had different structures
and uneven operations due to a lack of national standards for one-stop service
center structure and operations. They operate under the “Standard for shelter
structure and operations”.
Case 4.15
...Actually, one-stop service centers had been arranged in a way of letting the
victim stay temporarily for 24-72 hours, enabling external professionals to provide
services to the victim, but shelters had been arranged in a way of letting the victim
stay longer in order to protect the life, health and safety of the victim, enabling the
victim to get services going out while staying in the shelter. In other words, victims
could be able to get their cases resolved by law enforcement entities, and their
children could be able to go to school while staying at the shelter.
(From an interview held with a specialist)
Therefore, it is essential to adopt the standard for one-stop service center,

and organize operations of local one-stop service centers and shelters as
differently as provided by the law.
With the financial and technical assistance of the United Nations
Population Fund, Asian Development Bank, Swiss Agency for Development and
Cooperation and other international organizations, a lot of efforts had been
put into providing shelters and one-stop service centers with accommodations
that meet standard requirements, but most of them don’t meet the standard
requirements. For instance, the shelter in Altanbulag soum in Selenge aimag
had not been connected to the networks of hot and cold water and sewage

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system, had a pit latrine outside, had simple stove for heating, had no security
alarm, and external and internal surveillance system. Also, the shelter and one-
stop service center in Tuv aimag had been operated in a non-purpose room,
which was room for policemen to get some rest. Thus, it is essential for aimag
and local Citizens’ Representative Meetings should pay extra attention to the
fulfillment of its duties under the Law on Combatting Domestic Violence.
Although the number of clients of shelters and one-stop service centers
was 3630 in 2020, and 4573 in 2021 nationwide, increasing by 25.9 percent as
compared to the previous years, these numbers are relatively lower than the
number of calls and reports on domestic violence and crimes received at the
police.
It is stated in the “Standard for shelter structure and operations”, “The
shelter shall have a full-time professional social worker, a psychologist and
part-time cook”, and “may also employ a physician, healthcare officer, driver,
security officer or guard on the contract basis”. But shelters and one-stop service
centers are not fully staffed to provide comprehensive services continuously
24/7 as specified in the Law on Combatting Domestic Violence.
Shelters and one-stop service centers operate with a total of 330 beds and
111 staff, and only 22 of the staff are professional social workers.
About half percent of one-stop service centers and shelters had no roster
of full-time professional employees. For instance, besides their full-time
jobs, officers of the police and the Authority for Family, Child and Youth
Development work at affiliating shelters when the client comes, which affects
the quality and accessibility of the service. Occasionally contract officers are
recruited. Contract officers are hired under funding from the reserve fund
of the Governor, but due to low salary, high workload, no benefits, and
unreliability of the position, trained contract officers leave their jobs, leading
to a potentially serious outcomes as to the protection of the victim from risks.
It would be hard to enforce legislation and the Procedure for providing
shelter services without paying close attention to the capacity building of
employees, providing human resources and training officers in shelters and
one-stop service centers. Even though officers are enrolled in particular training,
their enrollment in regular and advanced or specialized training is inadequate.
Thus, shelters and one-stop service centers should be staffed with full-time
specialized officers, salary and benefits mechanisms and social protection
support should be enabled for them to stay stable in their jobs, and they
should be trained and re-trained via integrated programs. Instability of staff
would affect adversely the dignity and confidentiality of clients, and even there
were cases where the confidentiality had been disclosed.
Since shelters and one-stop service centers have no integrated budget,
they get funds from the local fund, and governor’s reserve fund, projects and
programs of international organizations and pay for employees’ salaries, social

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insurance premiums, and utility bills. As most one-stop service centers were
established under financial and technical assistance from UNFPA and other
international organizations, their sustainability would be at risk if the funding
from projects and programs stop. Governors of the respective administrative
and territorial units should therefore submit every year to the citizen’s
representative khurals for approval the proposal to reflect in the budget the
expenses related to services to be provided to victims of domestic violence,
salaries for officers, etc.
Operations and activities of shelters and one-stop service centers are
professional social services, and the police accommodation is appropriate in
terms of security and safety, but is not appropriate in terms of services, thus
it would be victim-friendly if shelters and one-stop-service centers should be
under the Authority for Family, Child and Youth Development.
One-stop service centers and shelters had not facilitated conditions and
environments to meet the needs of children, persons with disabilities, elderly
people, male and female victims. Only those in Bayankhongor, Darkhan-
Uul, Dornogobi and Gobisumber aimags created environment accessible to
persons with disabilities and elderly people. Other one-stop service centers and
shelters need to establish accessible environments and conditions equipped
with necessary tools and things (wheelchairs, toys for kids, etc.) that meet
the special needs of target groups, including persons with disabilities, children,
male clients and elderly people.
Since shelters and one-stop service centers do not generate specific data on
services provided by types of services, numeric data could not be completely
reliable. For instance, some shelters and centers had no data on clients’ gender.
In the future, it is essential to develop information system for victim services,
and digitalize the procedure by using one form for registration and survey.
As there is no procedure or guidelines on how and for how long the data
on clients registered and served at shelters and one-stop service centers, it
is proper to adhere to Article 6.1.11 of the Law on Archiving and Maintaining
Formal Documentations, which states, “to approve standard and sectoral list of
archive document types and storage period”.

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CONCLUSION
Revised Law on Combatting Domestic Violence had for the first time made
the multi-disciplinary team responsible for the planning and implementing
prevention from domestic violence, early detection of families at potential
risk, and termination of violence; providing psychological, medical care and
services, social welfare and protection services, child protection and referral
services at primary level to the victims. It’s been 6 years since the types of
victim services had been established by law, but operations of multi-disciplinary
teams, shelters and one-stop service centers in local areas are not coordinated
well; service quality and accessibility are not adequate, and multi-disciplinary
teams in most soums operate just symbolically.
The majority of operations of multi-disciplinary teams in local areas
include prevention and referral services, and they are not capable of providing
comprehensive professional services such as early detection and termination
of violence, victim protection, rehabilitation and provision of social welfare
services. It is because 62 percent of social workers of multi-disciplinary teams
are non-professionals, especially in soums, the above services are provided by
the non-professional person holding the position of social policy specialist,
making it impossible to require quality services and impose liabilities. Social
protection guarantee for multi-disciplinary team members is weak, no incentives
are provided and stable stay of social workers in the position depends on
politics.
In addition, Sub-council for Coordinating Crime Prevention is responsible for
providing professional and methodological coordination, support and promotion
to the multi-disciplinary team, and to overseeing and directing it, however most
operations and activities of multi-disciplinary teams require professional social
work and services, thus the Sub-council is incapable of providing professional
and methodological coordination and is inconsistent with most operations of
the council.
Governors of all levels fulfill inadequately their obligations to provide
integrated coordination for multi-disciplinary teams, activate their operations
and activities, and create stable working environment for multi-disciplinary
teams. For example, budget for multi-disciplinary team services should be
planned under the budget for operations to combat violence and be submitted
every year by the soum, aimag, the capital city and district Governors to the
Citizens’ Representatives’ Meeting but MNT1,200,462,381 had been provided
to 715 multi-disciplinary teams nationwide in 2021 of which MNT224,488,700
were from local funds. None of the 40 multi-disciplinary teams, involved in
the monitoring and evaluation of NHRC had a room specifically designed for
holding one-on-one meetings with the victim which affects adversely on the
normal operations of multi-disciplinary teams, and on quality and accessibility
of victim services. Also, harmony between organizations included in the multi-

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disciplinary teams is weak, information exchange is insufficient, and support for

and oversight of operations and activities of members in the multi-disciplinary
team by upper level supervising officials is inadequate.
It is noteworthy that shelters and one-stop service centers were created
and rolled out their operations in all aimags. However, the capacity of shelters
and one-stop service centers is weak, and are incapable of providing crisis
services, training and developing victims as capable of protecting themselves
from being exposed to violence again, and symbolically providing services
such as isolating the victim from violent environment, and providing food and
sanitary stuff. Most shelters and one-stop service centers don’t have full-time
officers, employ contract employees, have no professional human resources,
and their accommodation conditions and operations don’t meet the standard
requirements, leading to a potentially serious outcome as to the protection of
victims from risks and insurance of their safety.

CHAPTER V
analysis on the situation
of mistreatment among
military servicemen
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5.1 introduction
In 2006, the National Human Rights Commission conducted the monitoring
and inspection on human rights violations in military units and organizations,
in particular the consequences of mistreatment and disciplinary sanctions;
on the living conditions, food and uniform supply and the right to health
of conscripts; and on the exercise of the right to employment by officers
and senior staff, incorporated in the 6th Status Report on Human Rights and
Freedoms in Mongolia the monitoring findings and presented to the State
Great Khural.1
In addition to it, the right to employment and working conditions of officers
and employees of military units and organizations had been analyzed in 2016,
and reflected in the 16th Status Report on Human Rights and Freedoms in
Mongolia.2
In the years between 2007 and 2021, the NHRC carried out 97 monitoring and
inspections in military units and organizations as to prevention and termination
of human rights violations in units and divisions of state military organizations,
had infringements rectified at once, forwarded to the relevant officials and
organizations the NHRC Commissioner’s requirements and recommendations,
and had those requirements satisfied.
However, there had been serious incidents in 2021 where conscripts in the
Armed Forces Unit No. … had treated each other inhumanely, and the platoon
commander had mistreated conscripts, incurred critical physical damage and
ended the life of a conscript; and conscripts in the Border Protection Unit No.
… shot down and killed their patrol chief. These incidents had been criticized by
the public and become the topic of discussion. Therefore, the present situation
of mistreatment among conscripts is re-assessed and the findings are presented
to the State Great Khural.
This Chapter, prepared under the topic “Analysis on the situation of
mistreatment among military servicemen”, includes the following:
First, based on criminal case materials and sociological survey findings,
the present state of mistreatment among military servicemen, its manifesting
forms, causes and conditions had been determined.
Second, actions implemented by the Armed Forces, Border Protection and
Internal troop organizations as to prevention from crime and offenses, detection
and termination of mistreatment had been analyzed, and recommendations
and proposals for further actions had been produced.
1
After discussing the 6th Status Report on Human Rights and Freedoms in Mongolia, Standing
Committee of the State Great Khural on Legal Affairs approved the Resolution No.04 on 5
June 2007.
2
After discussing the 16th Status Report on Human Rights and Freedoms in Mongolia, Standing
Committee of the State Great Khural on Legal Affairs approved the Resolution No.02 on 31
January 2018.
252 analysis on the situation of mistreatment among military servicemen

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Third, situation of other rights and freedoms of conscripts had been

surveyed, and conclusions had been drawn on the basis of comparative analyses
of changes.
5.2 ANlysis on the situation of mistreatment-the violation of

law in the military service
Military service types and features
As provided in the Constitution of Mongolia the citizens of Mongolia
should defend the motherland and serve in the army according to law3, and as
stated in the Law on Military Service, the citizens of Mongolia could serve as
conscripts or serve as reserves in the armed forces, border protection, internal
troops and emergency organizations.
According to the Law on Military Service4, citizens of Mongolia aged 18-27
should serve in the military service in the following forms:
- Conscription service;
- Enroll in Student-Soldier Program;
- Serve in the equivalent military service.
Conscription service means being enlisted in the military service, and serving
for 12 months in the military organizations. Maximum age limit for conscript
service is 27.
Male students of universities other than military universities, male
apprentices of vocational training centers are given the chance by law to join
the "Student-Soldier" program on voluntary basis to obtain military profession,
which is considered the same as serving in military service.
On the basis of religious and conscientious objections, and other legal
grounds, citizens of Mongolia may opt for alternative service or equivalent
military service, which has two forms: service in person5 or service in monetary
payment.6
Citizens of Mongolia enlisted in conscript service should serve in the armed
forces, border forces and internal troops, performing duties established by law.
Conscripts in the units and organizations of armed forces and internal
troops have a duty to conduct daily patrol, special operations and regular
training and ensure preparedness at all times except staying at hospital or
leaving the unit temporarily under permit.
3
Paragraph 1 of Article 17 of the Constitution of Mongolia.
4
Subparagraphs 3.1.3, 3.1.8 and 3.1.10 of Article 3, paragraphs 7.1, 7.2. and 7.4 of Article 7 of
the Law on Military Service.
5
Amount of monetary payment for equivalent military service is estimated as at current expense
of the conscripts in that year, and is approved by the Government every year. According to the
Government Resolution No.41, issued on 17 February 2021, the amount of monetary payment
for equivalent military service had been established as at MNT 6,350,895.
6
Paragraphs 29.1 and 29.3 of Article 29 of the Law on Military Service.
analysis on the situation of mistreatment among military servicemen 253

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Conscripts in the border forces should be responsible for ensuring border

safety and security of Mongolia, participating in person in border protection
operations, performing patrol duties at border units and platoons, and enjoying
some legal guarantees provided for border troops.
Depending on military service features, limitation on the rights of the
military servicemen is established mostly in connection with the strict abidance
to procedures of military units and organizations, adherence to neutral political
policies, insurance of battle efficiency, protection of confidential information
of the state and the service, command observation, and maintenance of chain
of command of the military organization.
Law on the Legal Status of Military Servicemen and the Unified Military
Rules of Mongolia defined the rights and duties of conscripts in the service.7
It is stipulated that conscripts should respect the motherland, the state and
the people, be true to the oath, adhere to legislations and Unified Military
Rules, abide by hierarchical superiority, be brave, initiative, disciplined, honest
and just when performing duties, not to disclose confidentiality of the service,
organization, and sensitive information of individual persons during and after
service, demonstrate polite manner and behavior, and execute at once the
orders and commands given by the commander and chief.
Conscripts have a right to get military rank wages, be provided with military
uniform, equipment, materials, tools, working conditions and guarantees,
have their health protected, have the damages and injuries incurred amidst
performance of duties to their health and properties compensated in accordance
with legislation, file in writing or verbally their complaints and claims on violation
of rights to the commanders and chiefs of all levels for resolution8 and during
peaceful times they enjoy the right to life, right to personal liberty and safety,
freedom of conscience and religion, and be protected from torture, inhuman,
cruel or degrading treatment as guaranteed by the Constitution of Mongolia.
Military servicemen have a right to be protected from treatments that are
harmful to their life or health, that push them to suicide, inhuman and cruel,
and defaming and these rights should not be restricted by the Unified Military
Rules.
7
“Unified Military Rules of Mongolia” was adopted under the Order No.17 of the President of
Mongolia on 2 February 2019. It includes:
• Internal military service rules;
• Military range and patrol service rules;
• Military drill rules;
• Military disciplinary rules.
8
Paragraph 2 of Article 19 of the Constitution of Mongolia and Paragraph 5.1 of Article 5 of
the Law on the Legal Status of Military Servicemen.

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Situation of mistreatment in the military service

An integrated system for registering crimes and incidents where mistreatment,
damage and loss are incurred to the life and health of the military servicemen
is important in the determination of the situation of human rights in military
units and organizations, and no organization employs such database which
unified these data, which makes it difficult to assess the situation rationally.
Therefore, situation of mistreatment is defined on the basis of official
letters and sociological surveys sent to the NHRC from relevant organizations.
Mistreatment-the violation of law in the military unit and organizations
cause damage and loss to the life and health of conscript servicemen.
In the past 10 years, 468 violations of law or crimes and disciplinary offenses
had been registered at military units and organizations, of which 242 refer to
the armed forces, 217 to border forces and 9 to internal troops.9
Of 242 offenses, registered in the armed forces for the last 10 years, 144
were of criminal nature, and 98 were of disciplinary nature. There were 7
incidents where conscripts were killed, of which 3 had drowned, 2 had died
because of occupational unsafety, 1 had died because of murder, and 1 had
committed suicide. In the same period, a total of 27 conscripts got injured and
experienced health problems caused by crime.
Of 98 disciplinary offenses mentioned above, 41 or 41.8 percent related to
mistreatment and 24 or 24.4 percent related to escape from conscript service.10
Within the border protection organization, 298 servicemen had been
inspected in relation to 217 crimes and offenses. There were 37 deaths of
military servicemen were recorded, of which 13 were conscripts, and 36 out of
107 military servicemen, who committed mistreatment offense were conscripts,
and 31 conscripts committed to the crime of escaping from the military service.11
In the years between 2012 and 2013, there was 1 crime and 8 offenses
had been registered in the internal troops’ units and organizations. Of them
2 offenses caused damage to health of others, 1 was an offense of escaping
from the military service, and 5 were other offenses.12
According to the Prosecutor’s survey, of cases that was initiated for 260
complaints and claims concerning crimes committed in military units and
organizations in 2013-2021, and investigated, 80.7 percent related to the crimes
9
Analysis on documents and data provided by GSAF, GABP, Internal troops command center.
10
Official letter No.1/2937 of the Chief of GSAF, dated 9 July 2021, Official letter No.1/1991 of
SGPO, dated 5 April 2021, and compilation of analysis on case files.
11
Official letter No.1/1215 of the Head of General Authority for Border protection (GABP), dated
8 July 2021.
12
Official letter No.2/917 of the Deputy Chief of Staff of the Internal Troops, dated 20 July
2021. Note: Internal troops unit No.05 and No.805 had been liquidated on 1 April 2014 and
reinstated on 26 October 2017, and no crime or offense had been recorded for this period.

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that attacked the right to life, health safety, other rights and freedoms, and
crimes related to escaping from the military service.13
NHRC analyzed 124 case files that had been resolved and are being
investigated in relation to military servicemen for the period between 2011 and
202214. Of them 15 were related to deaths, 77 to incurring harm and damage to
the health of military servicemen, and 30 to escape from the military service.
Among these cases, 9 conscripts lost their lives, 44 experienced health damage,
and 14 escaped from the military service.15
Figure 5.1 Crimes committed in state military units and organizations,

by type
Caused death Caused harm to health of others Escaped from the military service
Total Officers, seniors Border troops
About 18.8 percent of conscripts and 45.1 percent of persons, who

completed conscription services and involved in the sociological survey, said
they were subjected to mistreatment while in service. As compared to some
data from survey, conducted by the NHRC in 2006, these numbers dropped
down by 11.3-20.4 percent.
13
Official letter No.1/1991 of State General Prosecutor’s Office (SGPO), dated 5 April 2021.
14
Under the case file review, a total 124 cases comprising 15 cases of death, 77 cases related to
the right to health and freedom, 30 cases related to escape from the military service, and 2
other cases that had been recorded, investigated and resolved by the court in 2009-2021 had
been analyzed.
15
NHRC, SGPO, “Analysis on causes and conditions of crimes committed at military units and
organizations”, Case file review, Ulaanbaatar, 2022.

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Table 5.1. Comparison of questionnaire on the mistreatment, by

percentage
% of
No. Form of mistreatment 2006 2021 Increase/
decrease
1 Discrimination 22.7 11.4 -11.3
2 Intimidation and threatening 23.2 4.6 -18.6
3 Use of force and beating 22.5 11 -11.5
4 Extortion 23.5 3.1 -20.4
5 Insult, swear, name-calling 27.9 13 -14.9
6 Have beating executed by others 14.9 2.1 -12.8
7 Impose undeserved punishment 20.3 33.3 13
The above surveys show that there are still crimes and offenses, caused by
mistreatment in military units and organizations. In other words, one out of
every 5 conscripts is exposed to mistreatment.
Analysis of mistreatment and the violation of the law in the military
service
It had been concluded as follows from the questionnaire survey, carried
out by the NHRC for the purpose of determining the situation of mistreatment
in the military, involving conscripts and citizens who completed conscription
services:
Table 5.2 Situation of mistreatment, by percentage

Military units and organizations Citizens
who
Form Armed Border Internal completed
Forces Protection troops military
service
Not letting to go to the restroom
1 9.3 10.9 14 21.1
whenever they want
Give time-bound and impossible
2 4.6 8.1 10.5 9.8
tasks
3 Not letting to go to bed on time 7.6 10.2 1.8 28.3
4 Waking up during sleep hours 6.7 10.4 - 32.4
Managing officials have their
5 personal errands handled by 3.3 11.7 - 19.1
conscripts
Let the privates stand outside in
6 5.9 5.8 1.8 9
the cold or hot for prolonged hours

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7 Beating and striking 5.5 6.9 - 17.6

Kicking while lying the private on
8 4.1 5.4 1.8 8.4
the floor supported by hands
9 Giving inappropriate command 4 6.5 - 12.1
Giving inappropriate commands
10 3.3 4.4 - 12.7
and orders while drunk
11 Extortion 5.2 2.1 - 17.1
Charging arms on a person’s chest,
12 1.8 3.6 1.8 7.2
hitting with a gun
Officers and seniors have jobs
13 0.9 4.2 1.8 15.9
done by privates secretly
Make it impossible for privates to
14 2.4 3.8 - 8.4
have meal as per schedule
15 Give orders to beat or slap others 2.7 2.7 - 4.6
16 Others (selected more than one) 5.9 5.2 5.3 49.1
17 None 75.7 70.8 77.2 36.1
Total 100 100 100 100
According to the survey, the mistreatment “Managing officials have their

personal errands handled by conscripts” was the highest in the border protection
forces or took up 11.7 percent, followed by offenses such as “Not letting to go
to the restroom whenever they want“, “Not letting to go to bed on time” and
“Waking up during sleep hours” that makeup 6.7-10.9 percent.
During individual and focus group interviews held with officers and seniors,
those in both military forces replied that there were cases of physical attack,
emotional harassment, and demand for monetary or material items. For
example, of officers and seniors, 2 from the armed forces, 6 from the border
forces, and 1 from the internal troops replied there were physical attacks; 3
from the armed forces, 24 from the border forces and 1 from the internal
troops responded that there was emotional harassment, and 3 from the armed
forces, 7 from the border forces and 1 from the internal troops said there were
extortions.16
Of conscripts in the units and organizations of the armed forces 32.3
percent said there was the use of force and beating, 33.5 percent said
there were intimidation and harassment, and 36.6 percent said there were
extortions; whilst of conscript in border forces units and organizations, 7.6
percent said there were the use of force and beating, 17.6 percent said there
were intimidation and harassment, and 6.3 percent said there were extortions,
according to the survey conducted by the NHRC in 2006.
16
In the sociological survey, 875 conscripts, 96 seniors and officers of 8 units of armed forces,
517 conscripts, 156 officers and seniors of 14 units and 12 outposts of border forces, and 57
conscripts, 10 officers and seniors of 1 unit of internal troops, and 524 citizens who completed
conscription services in 2016-2020 had been involved. The survey sample adequately represents
the locations of military units and organizations, and demographics of military servicemen.

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Case 5.1
...People vary. A military person sometimes tries to give a taste of hardness and
wants to show greatness to those who misbehave and seem so obnoxious. For that
reason, there were some beating and hitting. When I was a platoon commander at
the border checkpoint, I behaved like them and I was like those. For example, I used
to drink alcohol by inducing others, and took someone to an empty place and beat
him behind the back of the chief. When I catch someone drunk, I cuffed him and
poured water, and then made him do some push-ups until sober. I think things have
changed for better now as compared to the past...
(From an individual interview held with an officer in the unit of the armed force)
Although findings of the sociological survey, carried out by the NHRC in 2021,
show decline in the share of mistreatment; military servicemen named different
forms of mistreatment that had not been revealed through previous surveys.
It may be related to the survey methodology, awareness and knowledge, as
well as changes in attitude of conscripts, and effectiveness of military service
training, internal audit, and monitoring and inspections.
It is stated in Article 4.2 of the Law on Military Service, “Citizens of Mongolia
shall have military duties irrespective of ethnic origin, language, race, age, social
origin or status, property, occupation or post, religion, opinion, or education.”
Of respondents to the survey, 11.6 percent of conscripts and 22.5 percent
of citizens who completed conscript military service responded that they had
been discriminated based on their education, ethnic origin, religion, social origin
or status, economic status, aimag, soum, and physical development. Around
8.4-8.7 percent of conscripts and citizens who completed conscript military
service who were subjected to discrimination said they feel down or depressed
sometimes, and 3.2-6.9 percent of them feel own or depressed all the time.
It has been mentioned during interviews that there were several cases where
officers and seniors verbally assaulted, discriminated against on the basis of
education and family background, called names, and made fun of privates who
could not run fast, which confirms the findings from the sociological survey.
Mistreatment among military servicemen manifests in physical, emotional,
economic forms, as well as in forms of taking measures that are not stated in
the disciplinary code or having privates do jobs that were not specified in the
military rules. Also, there were several cases of sexual violence. Conducting a
more detailed surveys on these would be of significance in the detection and
prevention of mistreatment forms.
Mistreatment in the form of physical violence
When asked about any military mistreatments that harmed or are likely to
harm the life and health of conscripts, or that were aimed at exhausting or
hurting conscripts, respondents to the survey named the following physical

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mistreatment: hitting, beating, waking up at night for a run, sending out

barefoot, prolonging training hours, drilling without time limit, drawing up
outside under the hot sun for long, pushing back the safety on the firearm,
punching the thigh with a firearm, not giving water or giving water and food
until puke, having push-ups done after meals, having conscripts run with
backpacks, having conscripts lie down by side and kicking at the chest and
butt, doing acts to make the conscripts feel hurt.
Case 5.2
...It was sleeping time on a day… month… 2021. Lieutenant … came really drunk
when all privates were preparing to go to bed, called 15 privates to the cultural and
recreational hall, and sat them in 2 rows for discussions. The deceased was sitting in
the front row, and the lieutenant ... pointed at him with his finger and asked if he
could punch in the face. The deceased was standing still quiet, but as soon as he bent
forward after 2-3 liver punches, he had been hit in the face, and when the deceased
got up he was punched hard 2-3 times on the face and fell down backward and then
he did not get up again. After 10 minutes, a doctor was called. Lieutenant ... had
been seen drunk at the military unit several times...
(From an interview held with conscripts of … unit of Armed forces)
According to the case sampling survey, conducted by the NHRC in 2021,

15 deaths were reported in military units and organizations in the years 2009-
2021, of which 8 were deaths of conscripts, 1 was a death of the commander,
killed by conscripts. Of these crimes, 2 were committed via beating and hitting,
4 by using a firearm, 1 by suffocation, and 3 by self-strangulation, which were
caused by mistreatment among military servicemen.
Case 5.3
...From the testimony of the defendant: “...my arm was swollen the day before,
...I told the outpost commander that... my arm hurts, and let me go back to the
outpost. Could you please call a group from the outpost? I am not feeling well...”.
Hearing that, the commander became angry, grabbing one of the AKM rifles, which
were in the living room of the border patrol post pushed me to the kitchen and beat
me. He hit my chest several times and on the hip with the butt of the rifle. Then I
cried because I was hurt. Finally he hit me on my festered arm... a box of rounds
was given to me... I shot at 2 targets... I was afraid and I thought I was going to be
beaten up... once I came to my senses, I already killed a man...”
...Since it has been established that conscripts had been mistreated, beaten up,
harassed and hazed, there is a round for lifting the sentence...
(From the Verdict No… of the Inter-soum Criminal Court of First Instance)

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There were 77 cases where the freedom and health of military servicemen
had been harmed, and 44 conscripts suffered health damage, of which 18
resulted from mistreatment by officers and seniors, and 25 by mistreatment
between conscripts. As per acts of mistreatment, of these servicemen 56 had
used force by beating and hitting, 8 had used firearms, 8 used knives, 2 had
used force other than beating, and 3 had been done due to carelessness.
Case 5.4
...At first, all of 100 new conscripts are subjected to harassment in any shape
or form... Especially new officers harassing seniors, seniors harassing juniors, and
juniors harassing newbies. Mainly juniors are beaten up till bleeding for not training
the newbies well, and then the next day newbies will be harassed. They wrap their
hand with a towel and punch you in the face, so that there will be no visible trace
or swelling on the face...When they whip the towel onto the head, your ears would
ring, your head would go numb and you’ll become unconscious... If someone is
tough enough and won’t fall down at first whip, he would be whipped hard until
he passes out. It is called “khookhor”. It’s so brutal. After you get whipped, you
will have headaches and dizziness for several days, and ringing in ears. There is also
a hazing called “flagstaff“, which is that you’ll be forced to lie down on the floor
supported by your hands facing downwards, and they’ll kick you in the ass with the
heel part of their boot or with a thick wooden stick resembling a flag pole. Once
you are kicked like that, it’s hard to stand still so either you’ll jump in a place or run
wherever you can because it hurts like hell... Another one is that they’ll force you to
eat or drink a big bowl of tea or food and then tighten your belt. Then they’ll force
you to smoke, or run for 1 km after a meal, which will end up with you throwing
up. Some even piss in their pants and get beaten for that. Those slow and weak are
subjected to harassment a lot...
(From an interview held with a citizen, who completed conscript service
in the unit No. … of Armed Forces in 2021)
Mistreatment in the form of psychological abuse

When asked from conscripts, involved in the survey, whether they were
forced, threatened, intimidated, insulted or emotionally harassed into doing
or not doing particular actions against their wills, it had been mentioned that
“chiefs, commanders, and seniors would demand impossible requirements by
comparing us to themselves and to conscripts of previous years, saying ‘we
had done that, we were like that, etc.’, they would let the conscripts stand
outside in the hot or cold, give commands to hear others, give time-bound and
impossible tasks, call nicknames, verbally insult, threaten, intimidate, blame in
front of all unit for informing or reporting complaints and claims to the chief
or to the family, and to get discriminated by other for informing such to the
family or the authority”.

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Case 5.5
...Our chiefs are very rude and immoral... They say rude words, call names, verbally
insult others, and emotionally insult us by calling us someone like older women or
someone useless...
(From an individual interview held with an officer at the unit of the armed forces)
For instance, 7.6-10.2 percent of conscripts said, “not letting to go to bed

on time”, 6.7-10.4 percent said, “waking up during sleep hours”, and 4.6-8.1
percent said, “give time-bound and impossible tasks”, showing the mistreatment
in a form of mental abuse in the military.
Figure 5.3 Types of mental abuse, by percentage
Armed Forces
Border Forces
Not letting to go bed Waking up during Giving time-bound and

on time sleep hours impossible tasks
Of conscripts involved in the survey, 1.8 percent responded that they were
threatened by the senior, 1.2 percent by the officers, 0.7 percent by other
privates (juniors or same year conscripts), and 0.6 percent by patrol chiefs,
whilst 2.6 percent of officers and seniors, 6.1 percent of other privates (juniors
or same year conscripts), and 4.3 percent of patrol chiefs accepted that they
had verbally insulted, name-called, made fun of and sworn at conscripts.
Around 11.6 percent of conscripts in the unit of the armed forces 2.3
percent of conscripts in the border forces, and 1.9 percent of citizens who
completed conscript military service “had suicidal thoughts”, whereas there was
no conscript in internal troops who replied “yes” to this question.
As for 67.7 percent of respondents who had suicidal thoughts, the reason
for having such thought was “defamation”, for 8.9 percent it was “betrayal
of the loved one”, for 7.3 percent it was “the feeling of being insulted”, for
4 percent it was “blame from parents and families”, for 4 percent it was
“jealousy”, for 3.2 percent it was “being hated in front of the unit”, and for
3.3 percent it was “embarrassment in front of the whole unit”.

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Case 5.6
...A crime was committed, where a conscript died of hanging on the tree in the
place called … at the platoon No. … of the Border Forces Unit No. … on … day …
month… 2019. According to the witness testimony, the deceased said, “I should not
have enlisted to the military. I want to live a normal life. Where have I come? I was
free when I was an ordinary citizen. Don’t want to hide, but I am frustrated“...
(Prosecutor’s decision No…)
In terms of mental state, 107 of conscripts selected “feeling calm”, 73

selected “feeling not calm”, 20 selected “feeling uneasy”, 12 selected “feeling
afflicted”, and 3 selected “feeling a lot of pain”, and 108 of them were feeling
emotional uneasiness more or less.
Psychological unrest is caused mainly by hazing and harassment of officers
and seniors, worries about the future, place, location and environment in which
the conscript is enlisted to serve, harmony between people, and homesickness.
According to the case sampling survey, 3 out of every 5 suicide cases were
caused by mistreatment by officers and seniors, and mental depression related
to military service.
Mistreatment in the form of economic violence

According to the respondents to the survey, mistreatment in the form of
economic violence manifests in forms such as deduction from military rank
wages, extortion, confiscation of items brought by families for conscripts, and
refurbishing military unit and checkpoint rooms with their own resources.
Case 5.7
...It was explained that he received MNT 50000 from the family of conscript … at
Armed forces Unit No. … via personal bank account, used that money for personal
use, and returned that money by buying the things asked by the conscript on … day
… month 2021.
(…report paper of inspection conducted by the NHRC)
Privates and sergeants in the conscript service are provided with military rank
wage estimated at 10 percent of the average monthly salary of the contract
military servicemen17, and the MNT 36,482 is given to conscripts in cash or
via transfer after deducting the amount specified by law from the calculated
monthly military rank wage of MNT 46,482.
17
“Percentage of military rank wages”, adopted as Annex to the Government Resolution No.38
of 1999.

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The amount of cash to be provided by the Armed forces, Border protection

forces and Internal troops to conscripts from the monthly military rank wage
vary. For example, in the armed forces MNT 10,000-15,000 is provided in cash
and remaining amounts are transferred to the respective accounts upon the unit
commander’s decision; in the border protection forces the wage is provided all
in cash, and in the internal troops the wage is 100 percent transferred to the
accounts, according to the respective internal procedures.
Figure 5.4 Responses to the question whether conscripts receive their

rank wage, by percentage
Of respondents to the survey, 92.4

percent “receive their monthly rank
wage in full”, and 7.6 percent
“could not receive in full”, and 103
or 29.8 percent of citizens who
served in the military as conscripts
Armed Forces Border Internal
protection Troops “do not receive their rank wage in
Forces full”. As per sector, the cases of
Receive wage in full Do not receive wage in full not getting full payment are
observed in both sectors.
About 5.2 percent of conscripts in the armed forces and 2.1 percent in
the border protection forces said, “there is extortion”, whilst conscripts in the
internal troops said, “there isn’t extortion”. And 3.1 percent of officers and
seniors in the armed forces, 4.5 percent in the border protection forces and 10
percent (1 person) in the internal troops replied “there is extortion”.
It is common that mistreatment in the form of extortion is committed for
personal gain and interests, and because of it several servicemen committed
crimes in the past period.
Case 5.8
...Unit No. … of the Armed Forces “...when he went out for a leave, the commander
gave his phone to get the battery and the mic fixed. Since he didn’t have repair
money of MNT 88,000, he didn’t return to the unit because he was afraid of
being beaten up... then on … day … month 2015, he was involved in the theft of a
computer from the school.
(Verdict of inter-soum court No. …)
It has been observed during the monitoring and inspection of the NHRC
that on-the-go sales points are operated at border protection units and shops
are operated at armed forces units, allowing conscripts to get sanitary and
food supplies, cigarettes and other stuff.

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However, in order to avoid selling goods at higher prices, serving disqualified

food and other products that are likely to have negative impacts on health,
and preventing military servicemen from conflicts of interest and involvement
in the mistreatment of economic nature, it is essential to prepare and enforce
the procedure for running on-the-go sales points and shops at the locations
of military units.
Case 5.9
...Border Protection Unit No.... My son received money through transfer several
times. When I ask why, he said he “needed” it. My son doesn’t smoke. We are
herders living in the countryside, so we asked our relatives to send money several
times. Now I am thinking of collecting the transfer slips. As far as I remember, he
received MNT 40,000 not long ago when he enlisted in the military service. He also
asked for money several times from his siblings before Tsagaan Sar-Lunar New Year.
(From a note taken from the interview held by the NHRC with the parents of a
conscript, who had been involved in crime)
In the future, it is important not to collect money from conscripts, not to

give tasks that are of economic nature, not to raise funds for refurbishing
the rooms using internal resources or privates’ initiatives, end the extortion of
money from the families of conscripts, and dignity of the service to monitor
regularly whether the conscripts receive their monthly military rank wages.
Mistreatment in the form of sexual abuse
Sexual violence is a serious human rights violation, and is a form of gender-
based violence, and it affects adversely the mutual trust and communications
between servicemen and the dignity of the service.
Prevention of sexual harassment in military units and organizations is of
great significance in ensuring all military servicemen a safe working environment
free of discrimination.
This matter is a subject of researche and surveys conducted in military and
army sectors of the world countries as to the prevention a negative effects of
it.
When asked about whether the respondents to the sociological survey had
been subjected to sexual harassment in any shape or form, 8 conscripts in the
armed forces and the border protection forces each, and 17 citizens who had
been conscripted to the military service replied they were subjected to sexual
harassment that manifested in forms, where conscripts were given the order
to kiss others, forced to play a game, had their body and genitals touched, or
had to experience immoral satisfaction of their sexual desires.

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Case 5.10
...Armed Forces...“…always touched my genitals. I thought of dying instead of living

like this. I was defamed in front of the public.”
(From a note of a citizen, who was dismissed from the military in 2017)
...Border Protection Forces... They beat me up, telling me to cook and prepare fuel,
and calling me the F-word. Every night they said I should become their female
and told me to bend forward, and satisfied their immoral sexual desires... around
22:00....
(Verdict of the inter-soum court No. …)
Using punishment that is not specified as disciplinary punishment

Disciplinary punishment to be imposed on conscripts and contract privates,
sergeants, cadets of military schools and students should be proportional to
the nature of infringement, harms incurred, and the guilty action.18
Of the conscripts involved in the survey, 26 or 2.1 percent (2.2 percent in
the Armed Forces, 2.3 percent in the Border Protection Forces, and none in the
Internal Troops) of conscripts, and 35 or 10.1 percent of citizens completed the
conscript military service had received disciplinary punishment.
Table 5.5 Questionnaire on the receipt of disciplinary punishment,

by sector
Military units and organizations Citizens who
completed
Questions Armed Border Protection Internal Total
conscript military
Forces Forces Troops service
Receipt of disciplinary punishment
1 No 97.8 97.7 100 97.9 88.7
2 Yes 2.2 2.3 0 2.1 10.1
3 Unanswered 0 0 0 0 1.2
Total 100 100 100 100 100
No case of imposing disciplinary punishment had been recorded in the

monitored units of Armed Forces, Border Protection and Internal Troops in the
last 3 years.
18
According to the Article 30 of the “Military Disciplinary Rules”, conscripts committed disciplinary
infringement shall be punished with disciplinary punishments set out in paragraphs 30.1, 30.2,
30.3, 30.4 and 30.5, including notification, removal of temporary leave, position downgrade,
confiscation of ranks such as senior private, corporal, sergeant, senior sergeant, and isolate in
detention for up to 10 days.

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The NHRC planned to conduct inspections at “Detention facilities” at military

units and organizations, but there weren’t any detention facilities operating in
local units and organizations of Armed Forces, Border Protection Forces and
the Internal Troops. There was a “Detention facility” operating at Unit No.032
of the Armed Forces in Ulaanbaatar in accordance with the permit given under
the official letter No.1/6221 of the Capital City Prosecutor’s Office dated 23
July 2020.
It is stated in paragraph 1.4 of the “Disciplinary Detention Facility”, adopted
as the 13th annex to the Military Range and Patrol Rules, approved under the
order No.17 of the President of Mongolia on 2 February 2019, “Permit for
operating detention facility shall be sought from the prosecutor’s office in the
respective territory, and operate under the order of the Military Range Chief
(Unit Commander), respecting human rights and freedoms, privacy, dignity
and safety.”
Also, Article 17 of the above rule, which states “Officers, seniors, conscript
or contract sergeants and privates suspected of a crime and are under
investigation by the law enforcement entities may be isolated in detention for
up to 7 days in accordance with the decree of the case registrar. They shall be
registered in the “Register of military servicemen in detention” and “Register of
military servicemen isolated in detention facility (Annexes 11 and 13)” which the
Criminal Procedure Code of 2017 and violated human rights.
Because the term “case registrar” was removed from the Criminal Procedure
Code in 2017, and the preventative measure of “Handover to the military unit
management for supervision” could be imposed on the military convicts. It is
not an isolation or a restriction on the rights and freedoms of the convicts, and
any compulsory measures of establishing restrictions on the human rights to
liberty are taken under the court permit only.
Respondents to the survey mentioned that punishments not in the Rules
were imposed on them besides those set out in the Universal Military Rules. They
named as examples of punishments the conduct of household chores (cleaning
the restrooms, removing trash, doing some manual chores, and handcrafting
DIY stuff), training and exercise of physical strengths and tolerance (jogging,
push-ups, gymnastics, stand still, do army crawl, kill flies, doing duck walks,
stand still for longer period in the 2nd and 14th positions of 16-count-military
exercises, stand still lifting up firearms), be on non-shift guard, prolong the
guarding shift, punishments of psychological nature (scold in front of others,
verbal insult), and grounding.
Also, among conscripts, it was common to collectively bear the punishment
for the infringement committed by one private. For instance:

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Case 5.11
...Armed Forces Unit No. ... It is proper to impose disciplinary punishment on the
senior for making the sergeants stand for 30-40 minutes at the 14th position of
16-count-military exercise of the 2nd unit for not obeying the senior in … month
2021...
(Monitoring and inspection materials of the NHRC)
...3 servicemen named … of the outpost of the Border Protection Forces Unit No. ...
mistreated 17 conscripts for the period between … month 2020 and … month 2021
for not executing the tasks, letting them drink a lot of water, having one of them
punch another one, telling them to do push-ups and throw up...
(From an interview held by the NHRC officer with a military serviceman, who
involved in the crime)
...Armed Forces ... Mistreated and punished privates by slapping, punching in the
face and the chest, making them drink water and do push-ups for being late for the
drill, smoking in the area for not smoking, cleaning incompletely and for fighting
with each other...
(Verdict of the inter-soum court No. ...)
It must be noted that some conscripts, involved in the survey, were less
knowledgeable or unaware of types of disciplinary punishments specified in
the Universal Military Rules, when and who impose them.
For instance, 71 conscripts named the disciplinary punishment stated in
Article 30 of the Military Disciplinary Rules, whilst 35 respondents named
punishments different than those specified in the Rules, showing that they
could not distinguish military mistreatment from punishments specified in the
Military Disciplinary Rules.
Therefore, it is essential to make progress toward improving the quality of
training and information on Universal Military Rules, legal grounds for imposing
disciplinary punishments, types and forms of punishment, and protection of
the legitimate rights and interests.
Making privates do the work not specified in the Universal Military
Rules
The day-to-day activities of conscripts are regulated by the Guidelines for
coordinating military services of the Armed Forces and the Internal Troops19,
and by Guidelines for coordinating border protection services on the border
protection organizations20, and the schedules are arranged specifically.
19
Order No.A/155 of the Chief of GSAF, dated 30 April 2020.
20
Order No.A/259 of the Chief of GABP of 2018.

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According to the above guidelines, daily operations and activities of the

Armed Forces and the Internal Troops should comprise of regular training,
exercise, and duties stipulated in the military rules.
A division that is disengaged from patrol duty at the outpost of the Border
Protection Forces should participate for 2 hours in training, exercise and
ordinary household activities, and during normal times, the division should
engage in ordinary household activities at least for 2 hours and 40 minutes at
the border outpost.
Surveyed conscripts, who replied that theу are mobilized to work in private
works as supervised by the managing officer, take up 25.5 percent of conscripts
of the Armed Forces, 46.6 percent of Border Protection Forces, and 5.3 percent
of Internal Troops. Of citizens who completed conscript military service, 65
percent were mobilized to work in private businesses of chiefs, officers, and
seniors, and were engaged in labor for hours more than the scheduled per day.
Figures 5.2 and 5.3. Conscripts mobilized for private works and
duration
Figure 5.2 Having private works Figure 5.3 Duration of work

done, by sector (%) hours (%)
Armed Forces
Border
Protection Forces
More than 6-8 4-6 Less than

8 hours hours hours 4 hours
It can be concluded from the above data that conscripts are mobilized to
private works somehow, and during NHRC’s monitoring and inspection the
respondents noted the following :
- They make us do their private work. They mobilize us too much for their
personal business.
- Conscripts are mobilized to work for longer periods.
- Got arrhythmia due to overload while working.
- We are not in conscript military service but we serve bosses working for
them.
- Got injured while doing some errands and received medical care and
services.

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5.2. CAUSES OF MISTREATMENT AND INFLUENCING FACTORS

According to the overview on mistreatment among military servicemen,
reasons why life and health is lost due to mistreatment, and factors causing
mistreatment based on the surveys and analysis conducted by the NHRCM,
disfunctions related to military service and factors irrelevant to military service
affect the mistreatment.
Dysfunctions related to military service:
Military servicemen are involved in mistreatment because of dysfunctional
military service operations, weak monitoring and inspections, ineffective
preventive actions, and lack of measures to train, improve practicality and
support officers and seniors with regard to working with conscripts.
In addition to it, interviews held with military servicemen revealed that
attention should be paid to wages and social guarantees for military servicemen.
Military servicemen experience stress and depression due to professional
ethics and communications culture of chiefs, commanders, supervisors and
officers of military units and organizations, workplace harassment, pressure
and discrimination, and such experience affect their family atmosphere, and
then lead to mistreatment in the military service.
Case 5.12
...When chiefs and commanders get angry at their family members, they take their
anger out on us, getting mad at insignificant things, making us do physical exercise
and training for longer periods, giving us fall in drill commands, and not letting us
to have full sleep...
(From the Sociological survey report)
Border protection operations are organized not using the to-date technology
and equipment but deploying human force, especially conscripts, who are not
trained professionally in border protection, creating conditions for accidents,
injuries and human rights violations to occur.
Factors irrelevant to military operations that cause mistreatment
As stipulated in the Law on Military Service, citizens at the age of serving
in the military may be enlisted into military in person, or enrolled in “Student-
Soldier” Program, or serve in the equivalent military service.
In some cases, socio-economic conditions, personal behavior, health and
mental state of conscripts enlisted to the military service become the reason
for mistreatment.

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Case 5.13
...Because citizens at the age of enlistment into military service are enrolled in
“Student-Soldier” Program or pay for equivalent military service, most conscripts
to the military service include those who are undereducated or less knowledgeable,
physically under-developed, especially in terms of behavior and upbringing... In some
shape or form, it causes mistreatment in the military service...
(From an interview held with commanders and officers of Armed Forces units)
According to the NHRC’s case sampling survey findings, 9 percent of those

who committed the crime of causing harm to the life and health of others
were mentally unstable, 13.6 percent had education below secondary level, and
7 percent had previous record of committing crimes and offenses. For instance,
out of conscripts, enlisted to the unit No. ... in 2021, 10 conscripts had previous
records of crimes and offenses, and the psychologist of the unit concluded
that they could potentially commit to mistreatment.
Case 5.14
...A conscript of Border Protection Forces Unit No. ... strangled himself to death
with fiber in the unit restroom on 6 … month 2015.
...They say, “My parents didn’t show up at the oath ceremony, juniors force us to
do push-ups, I am illiterate, I miss my home”...
(Prosecutor’s Resolution No. ...)
Officers, seniors and healthcare officers, involved in the survey, mentioned

that most conscripts had tooth cavities and other diseases, increasing medical
costs and workloads, and then get dismissed before service period ends21.
Moreover, it was mentioned that depending on health and physical conditions,
conscripts feel discouraged from military service, do not get along with others
and commit any form of mistreatment.
Possibilities of filing complaints and claims, and giving information
It is stated in Article 1 of the Internal Military Rules, “Complaints and claims
are instruments for guaranteeing rights and freedoms of military servicemen
and citizens, restoring violated rights, ensuring justice and detecting defects,
mistakes and illegal acts, and that have positive impact on ensuring normal
operations and activities of the unit in accordance with the law.”
21
Part 2 of Annex 5 to the “Procedure for enlisting conscripts to genuine military services
based on health, and determining health situation of military servicemen”, adopted under the
Government Resolution No.144, dated 17 May 2017.

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As of the last 3 years (2018-2021), no complaints and claims by conscripts

to commanders and chiefs had been recorded in the Armed Forces, Border
Forces and Internal Troops22.
However, 5.5 percent of conscripts and 32.9 percent of citizens who
completed conscript military service involved in NHRC’s survey said there were
times for them wanting to file complaints and claims.
Case 5.15
...If I file a complaint or a claim while I am in the military service, officers and
seniors would not be nice, and it means you are preparing enemies for myself. Since
I came home healthy and well, there is no point of complaining. Our officers and
seniors used to tell us that we should consider ourselves ordinary citizens once we
walk through the doors of our homes...
(From an interview held with a citizen who completed conscript military service in
2019)
On the other hand, families of conscripts submit many complaints and

claims requesting temporary leave and dismissal before the end of the term.
Conscripts and their families do not file complaints and claims concerning
mistreatment and human rights violations in the military units and organizations
because of restrictions stipulated in the Internal Military Rules and relevant
resolutions, lack of legal knowledge of conscripts and their families, and lack
of comprehensive insurance of safety of complainants.
It is stated in Article 5.1.1 of the Law on the Legal Status of Military
Servicemen, “file in writing or verbally their complaints and claims on battle
readiness, illegal acts and violation of legitimate rights and interests to the
commanders and chiefs of all levels for resolution”, and in Article 17.7 of the
Internal Military Rules “A military serviceman shall file through commanding
officers the complaints and requests on any matters for resolutions by
the sectoral minister, head of the higher authority, and respective military
commander, and filing complaints and claims to the higher level organization
or officials without the consent of the respective commander and the chief
shall serve as grounds for imposing disciplinary punishment”23.
The above clause created conditions for resolving complaints and claims
internally only, or not sending the complaints and claims to the higher
authorities, and restricted the rights of conscripts to directly file complaints
and claims to other state organizations and officials.
22
Official letter No.1/579 of the Chief of GABP, dated 6 April 2021.
23
Part 1 of Annex 16 to the Order No.17 of the President of Mongolia of 2019.

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For instance, it is impossible for conscripts to lodge to the NHRC or the

police the complaints and claims on crimes and offenses that posed actual risks
to harm human life and health, or which subjected the conscript to torture
and inhuman treatment.
Although it is said internal inspection departments of military units and
organizations examine complaints and reports on mistreatment and human
rights violations related to the military serviceman and transfer them to the
respective organization if the cases are criminal or offensive in nature, this
process remains hidden because of lack of external monitoring on it.
In collaboration with the Ministry of Defense, GSAF operated hotline 1800-
1144 for receiving from citizens and conscripts complaints and reports on
mistreatment and disciplinary issues in the military and ensuring confidentiality
and safety24, however one of two calls, received from citizens in the past
period was related to mistreatment among military servicemen.
It is worth noting that the Border Protection entity organized “Time to talk
with the Commander” in the units and divisions, meeting with each conscript
and serviceman at the unit centers and divisions, hearing out their opinions,
taking monthly surveys on mistreatment, holding individual meetings, and
resolving complaints and claims, but findings of the NHRC monitoring and
inspection reveal that no actual activities had been planned and implemented
on the basis of sociological survey results.25
Conscripts could file their complaints and claims on operations of the
military units and any problems via their families or other persons.
Under Order No.A/156 of the Chief of GSAF issued in 2021, the “Procedure
for allowing conscripts in the units and divisions of the Armed Forces to talk
on the phone” and under Order No.A/06 of the Chief of the GABP, the
“Procedure for letting conscripts to talk on the phone” had been approved and
enforced.
The above procedures and rules that are in force in the Armed Forces and
the Border protection Forces forbid conscripts to use private mobile phones,
and in accordance with the schedule adopted by the commanding officer
conscripts are allowed to use office phones, and call logs, including duration
and phone use should be registered, and signed by the user.
The above procedures and rules stipulate, “Conscripts should not talk on the
phone about crime, offense, information related to state and military secrets;
quarrel with others, use improper or inappropriate words and language, utilize
office phone for other purposes, continue the same talk for too long, and it is
prohibited to charge conscripts a fee.”
24
Official letter No.1/1387 of the Chief of GSAF, dated 5 April 2021.
25
Official letter No.1/579 of the Chief of GABP, dated 6 April 2021.

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This clause limits the possibilities of informing on crime and offense, as well
as human rights violations, affecting the right to personal liberty and safety,
and the right to privacy as provided in the Constitution of Mongolia, and
exceeded the limitations on the rights of military servicemen.
According to the NHRC monitoring and inspections, conscripts called their
families 1-8 times for 2-15 minutes under the oversight of the authorized
official, and the summary of their conversations had been recorded in the
journal.
Also, the rights of conscripts, and information, especially on the right to file
complaints for redressal concerning matters other than restricted had not been
incorporated in the contents of training programs and meeting for conscripts.
Therefore it can be concluded that the contents of the training for military
servicemen are for explaining duties and responsibilities only.
Thus, it is proper to allow every conscript equal opportunity and time to talk
on the phone, keep privacy and confidentiality of letters and communications,
guarantee the right to file complaints and reports on crimes and offenses, and
organize relevant training on these subjects.
5.3 Analysis of the prevention of mistreatment

Operations and activities implemented in framework of laws26 by GSAF,
GABP and Internal Troops to prevent crimes and offenses include the following:
- Organize internal audits and make rectifications;
- Make analysis of the crime and offense situations, and ensure
implementation of opinions and recommendations;
- Boost staff morale and discipline;
- Organize training and cultural and enlightenment activities on the
prevention from crimes and offenses;
- Increase availability of Mental readiness.
Internal audit and rectification measures
There are structural units such as monitoring and inspection, internal security,
crime and offense prevention operating in the units and organizations of the
Armed Forces, Border Protection Forces and the Internal Troops, meaning that
the internal structure had been established to detect mistreatment, receive,
26
Implementing the Law on Prevention of Crimes and Offenses, “Composition of the Council
for Coordinating Crime Prevention”, adopted under the Order No.23 of the President of
Mongolia in 2005, “Unified Military Rules of Mongolia”, adopted under the Order No.17 of the
President of Mongolia in 2019, Official assignment No.01 of the Government of Mongolia of
2017, Government Resolution No.258 of 2018,5 legal documents approved by the Minister of
Defense and the Chief of GSAF, 10 legal documents approved by the Minister of Justice and
Internal Affairs and the Chief of GABP, and 4 orders and official assignments approve by the
Commissioner General of the National Police Agency and the Chief of Internal Troops.

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investigate and redress complaints and reports, keep confidentiality and ensure
safety of the claimant or whistle blower, however some improvements need
to be made.
According to the data, Department of Monitoring, Analysis and Evaluation
of the Armed Forces conducted internal monitoring in 2019 and 2020 involving
a total of 52 military units and divisions, revealing 4,156 infringements and
faults, and having 1271 infringements rectified immediately, and assigned time-
bound tasks to rectify 3,063 infringements.27.
It is worth praising that policies and actions are planned and implemented
to reduce and terminate crimes and offenses in the Armed Forces through
improving military police operations on short notice, and adopting effective
and advanced mechanisms for conducting internal inspections and supervisions
at units and divisions of the Armed Forces.
In the framework of its function. Department of Monitoring, Analysis,
Evaluation and Internal Audits and other structural units of the Border Protection
Forces carry out internal audits on border outposts and special structural units,
have infringements and faults rectified, ensure safety of conscripts, and
respond to the opinions and requests expressed by them.
As stated in the documents, long and short-term policies are being
implemented to improve internal structures and coordination of internal audits
and inspections, exchange experience with specialized organizations, and
cooperate with international organizations with similar functions in the future.
Senior inspector in charge of Internal Troops of the Safety Department of
the National Police Agency, reviewed and examined reports, complaints and
claims lodged by citizens in relation to the discipline and morale of officers,
conducted inspections and investigations specified by law, compiled and
submitted in accordance with the approved procedures to the relevant body the
data and reports on involvement in crimes and offenses, and exposure thereto,
becoming victims, and organized inspection and monitoring operations.
Analysis of the crime and offense situations, and implementation of
the recommendations produced
The situation of crimes and offenses in the units of the Armed Forces
and Border Protection Forces is analyzed monthly, quarterly, and yearly basis,
planning and implementation of prevention measures are regularly organized,
surveys and studies had been executed by external organizations and their
recommendations are realized in the operations and activities. It shows that
efforts are made to prevent crimes and offenses and protect human rights and
freedoms.
27
Order No.A/155 of the Chief of GSAF, dated 30 April 2020.

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Ministry of Justice and Internal Affairs conducted 4 times in the last 10

years the analyses on crimes and serious disciplinary breaches committed in
the border protection organization, and their causes28, whereas GSAF carried
out a sociological survey in 2021, involving 5142 officers, seniors and conscripts
of 37 units and divisions of the Armed Forces and prepared the plan for
further actions. Also, at its initiative, Unit No. … of the Border Protection
Forces conducted a survey on crimes and serious disciplinary breaches within
the unit in 2009-2019, and produced recommendations, which had become an
example of a good practice within the border protection organization and can
be concluded as a work of great impact on operations and activities of other
units and divisions.
Every month a sociological survey on mistreatment, attitude and behavior
of military servicemen, food and military service is carried out in military units
and divisions involving conscripts, however results of actions taken as follow
up to the sociological survey are insufficient.
Boost staff morale and discipline
In accordance with the Orders No. А/335, No.А/336 of 2017, No.А/71
and No.А/83 of 2021 of the Minister of Defense on strengthening military
service and disciplines, order No.A/535 of the Chief of GGSAF of 2017, official
assignment, precautions, and recommendations, particular actions and activities
had been organized with regard to strengthening discipline and responsibility
of the staff.
For instance, following legislations and legal documents on strengthening
military service arrangement, order and discipline, “Unified Military Rules” and
the “Guidelines for arranging military services”, the “Sub-council for crime
prevention, order maintenance and discipline strengthening” of GSAF set out
certain goals as to improving operations of sub-councils in military staffs,
units, and divisions, units and divisions of Armed Forces, formalizing military
service, preventing and reducing crimes and disciplinary breaches, and focus on
the prevention from crimes and offenses, and protection of the human rights.
Chief of the GABP released policies and resolutions such as “On establishing
crime prevention, and military discipline strengthening council” in 2011, “On
crime prevention and improvement of the state border protection” in 2012, “On
measures to be implemented with regard to combat and prevent alcoholism
in the border protection organization” in 2015, “On crime prevention” in 2016,
“On prevention of crime and offense”, “On prevention from alcoholism” and
“On prevention from human rights violations and crimes” in 2020 and “On
28
NLI, “Causes and conditions of grave crimes committed in the border protection organizations”
Survey, 2010, MOJIA, “Independent survey among conscripts at some border outposts, units
and divisions”, 2013, NSCM and UIA “Crimes committed in units and organizations of the
Mongolian Armed Forces and the Border Protection Forces” survey, 2020, MOJIA and UIA,
“Cause, conditions and factors affecting crimes committed by military servicemen of the
border protection organization”, Survey, 2022.

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prevention from disciplinary and moral breaches” in 2021, forwarded relevant

orders to border outposts and units and monitored the implementation and
results.
The code of ethics of servicemen in border protection had been revised in
2011, 2016 and 2019 in compliance with the relevant legislation, rules, and orders,
and operations of “Ethics commission” and “Ethics sub-commission” had been
directed towards cultivating ethics among border troops, and preventing from
potential crime and offense. In this regard, in 2017 “Discipline and safety” and
in 2019 “Staff without crime-offense” campaigns, and comprehensive actions,
including training and enlightenment activities to prevent from disciplinary and
ethical breaches had been organized continuously, “Stress free workplace”
campaign is now being implemented in 2 phases in framework of the objective
set by the border protection organization in 2021.
Training and enlightenment activities
Armed Forces and Border Protection Forces have been focusing on
organizing training and methodological activities to raise awareness of the
harms of alcohol and drug substances, to focus on military service relations,
to improve the way of work, knowledge, practice and education of seniors,
enhance their interpersonal skills and capacity to work with others, to boost
proper cultivation of ethics and morals, and to change the attitude.
Border Protection Organization conducts every year a survey on military
servicemen who could potentially commit disciplinary or ethical breach, organizes
monthly activities such as holding individual meetings, providing emotional
support, and organizing training and promotion on relevant legislations,
management policies, resolutions and legal acts, and monitor results.
In accordance with the “Professional Military Standards” approved by the
Chief of GSAF, professional military training is provided to conscripts in the
units and divisions of the Armed Forces, while in the units and divisions of
border forces, military professional training is planned and organized step
by step in accordance with the “Preparatory Training Program”, “Preparatory
Training Program for the Staff of Border Protection Organization” and “Military
Training and Preparatory Program” adopted under the Orders of the Chief of
GABP.
Of conscripts, involved in the monitoring of the NHRC, 34.2 percent said
they learned military drills and skills, including military steps, march, tactical
preparation, dismantling of the rifle, platoon and company synchronization,
military ranks, jogging, patrolling and hand fighting, 17.2 percent learned
personal skills such as becoming more tolerant to harsh words (able to take
criticism), getting up early in the morning, developing physique, gaining
tolerance, and providing first aid, 2.5 percent learned communications skill or
“icebreaking”, working in teams, and communicating right with friends, and 1.3
percent learned patriotism or the value of the motherland and the importance

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of Mongolian border safety and security.29

Of 262 officers and seniors involved in the monitoring, 85.3-100 percent
replied that military drills and skills training and doctrines for conscripts keep
pace with the present, and cultivate moral and physical development adequately.
Case 5.16
…Because some military units and organizations do not train conscripts under the
standard training programs with approved schedules and procedures that are
designed for border protection conscripts due to the view that it would become
“hazing on conscripts”, border protection servicemen become intolerant and weak.
(From the group interview held with officers and seniors of the
Armed Forces Unit No. …)
There were several cases that had been observed during monitoring where
training and enlightenment activities were organized symbolically in some
monitored units, reports were prepared formally, training schedule and plan
had been copied from the previous months, contents and methodology of the
training were vague, and training and courses were provided in a way of letting
conscripts read the laws and rules.
Mental readiness, services and availability
The following orders and resolutions on prevention from crime and offense
and acceleration of psychological readiness in border units and special divisions
are adopted and their implementation is monitored:
- “Method and methodology for the sociological survey in the border
protection organization” 2012;
- “Methodology for the sociological survey in the border protection
organization” 2013;
- “A compilation of common questions, tests, quizzes and challenges of
sociological survey involving border troops” 2015;
- Compilation of “Topics for awareness raising talks” to be organized
among border troops 2015;
- “Recommendation and methodology for organizing psychological,
information and promotion activities to be organized in the ”Training
center for new soldiers”, 2015;
- “Handbook for ensuring psychological readiness”, 2016;
- “Psychological handbook” 2018;
- “Methodology for determining the level of adaptation, fear and anxiety
level of conscripts” 2018;
29
It has been found out during monitoring and inspection that there were several military
servicemen who were illiterate and they were enrolled in literacy training.

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- “Methodology for ensuring psychological adjustment of border patrols”,

2018;
- “Methodology for organizing psychological readiness for conscripts”,
2021;
- “Methodology for organizing cognitive-legal training for staff”, 2021.
In compliance with the “Guidelines for organizing psychological readiness”,
adopted under Order No.A/475, issued by the Chief of GSAF in 2015, the
following documents are followed and implemented:
- “Code of ethics of officers and seniors of the Armed Forces”, 2015;
- “Rules for Military music department”, 2017;
- “Operational guidelines for Heroic fame hall”, 2018;
- “Operational guidelines for cultural center”, 2018;
- “Operational guidelines for cultural and recreational hall”, 2018;
- “Operational guidelines for library”, 2018;
- “Procedure for touring historical heritage places”, 2019;
- “Procedure for organizing ‘Open Day’ event”, 2019;
- “Operational guidelines for a hall for mental relaxation”, 2019.
Conscripts, involved in the interview said there were several occasions where
they underwent psychological changes by experiencing mental stress, anxiety
and fear, and hatred towards others while serving in the military.
Although professional psychologists, equipment and tools play important
roles in overcoming these hardships, providing quality psychological support
and services to military servicemen, and preventing potential risks, military
units and organizations still have shortage of human resources and material
resources.
Case 5.17
...crimes and serious disciplinary breaches, such as escaping from military service,
hurting and damaging their bodies or organs, and committing suicide, are caused
by unstable emotional state, where childhood upbringing, mentality and opinion of
military servicemen of Border Protection Forces undergo changes due to on-going
situations; incapability of being under military service pressure; mistreatment among
military servicemen; unpleasant family relations; work overload and work-rest
imbalance of military servicemen had increased for … period of border protection;
disorganization of military service in the border outpost patrol and unit center; and
lack of activities with regard to military psychological studies...
(from the survey on crimes, serious disciplinary breaches and offenses
reported in the Border Unit No. ... in 2009-2019...)

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Units and special divisions of Border Protection Forces employ 31 sociologists

and psychological readiness officers out of 33, having 93.9 percent of required
staff, of which 7 or 29.1 percent were professionals and 24 or 70,9 percent
were non-professionals.30
In the Armed Forces 28 officers and seniors are employed as psychologists,
of whom 8 or 28.5 percent were professionals, 20 or 71,4 percent were non-
professionals. Also, the Armed Forces fall short of 116 necessary facilities and
material resources including cultural center, library, heroic fame hall, cultural
and recreational hall, sports gym, heritage hall and psychological hall31.
At the order of the Chief of the GABP to create new posts of “psychologist
officer” and “social worker-psychologist”, GABP cooperates with the Professional
Department of UIA, National University of Mongolia, and State University of
Education as to preparing human resources; whereas GSAF started to take
particular measures to re-establish “Military psychology department” in the
National Defense University and strengthen teaching personnel, equipment,
devices and material base.
Due to a lack of opportunities to advance professionally, high workload
and low rank of the position, professional psychologists do not have stable
employment in the Armed Forces, and because of their remoteness, local
border units are still in need of professional psychologists.
Therefore, it is essential to allocate from the tolerable Government expenses
the budget for training and education activities, increase military rank and salary
level for military psychologists and culture and education officers in order to
facilitate conditions for them to have stable employment in the local areas,
immediately ensure professional human resource preparedness, create legal
environment for supplying regularly the equipment and materials necessary for
training, cultural, information and promotion activities, and approve budgets
for implementing “online library” and “Mental relaxation room” projects.
It is proper to change the traditional way of financing these activities via
internal resources and donor aid.
Use of technology in the crime and offense prevention

It is important crime and offense prevention measures should be based
on science, to-date equipment and technological advancement, and new
knowledge.
On the grounds of Decree No.A/80 of the Minister of Defense of 2021,
and order No.A/42 of the Chief of GSAF of 2021, 22 new cameras were
30
MOJIA, UIA, “Cause, conditions and factors of crimes and offenses committed by servicemen
of the border protection organization”, survey, 2022.
31
Presentation at the meeting and discussion held with representatives of officials of the Armed
Forces, scientists and scholars,Ulaanbaatar, 10 March 2022.

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installed in 2021 in the Armed Forces, and surveillance cameras of 8 units had
been replaced with new cameras32. However personal data and privacy of
conscripts should be protected and the camera records should be protected
against illegal use.
During monitoring and inspection, NHRC examined whether the use of
surveillance cameras installed in the Armed Forces Units and safety of privacy
is ensured, and provided counseling and advice on the spot.
As per GABP, surveillance cameras are operated at state border protection,
border outposts and checkpoints. In order to facilitate human labor and reduce
workloads at the units and divisions of Border Protection Forces, commanding
officers issued orders internally to use surveillance cameras, but due to budget,
remoteness from the center and limited electricity, most units, outposts and
patrol points, involved in the monitoring and inspection had not installed
surveillance cameras.
It is stated in Objective 7.2 of “Vision-2050", the long-term development
policy of Mongolia, “Ensure inviolability of the state border and the security of
the border area, and increase the border protection capacity”33, and this objective
is to be implemented until 2050 in 3 phases. Within this objective, a regional
border protection shall be strengthened, border protection tactics tailored to
regional specifics shall be remodeled, modern integrated system of military
communications, armaments, equipment, and practices shall be introduced,
preparedness of the service shall be enhanced, premises, infrastructure, and
engineering equipment specifically designed for border protection shall be
renovated, which can be interpreted as a policy to introduce camera control
system.
Therefore, it is crucial to facilitate working conditions of servicemen in
border protection forces, to resolve budget issues related to the implementation
of the above-mentioned policy measures in order to ensure their safety and
prevent crimes and offenses, and to introduce camera surveillance system
immediately to central and subsidiary military units with conscripts.
5.4 OVERVIEW on other rights and freedoms of cONSCRIPTS

Right to healthy and safe environment
Chapter 4 of the Internal Military Rules defined the standard housing for
conscripts by specifying the sections as sleeping areas, cultural and recreational,
hygienic and sanitation, areas for drying clothes, restrooms, and smoking
points; and incorporated specific regulations as to use of areas, cleaning and
services, ventilation, heating, and lighting.
32
Interview held with Armed Forces officers, and information dated 25 March 2022.
33
Resolution No.52 of the State Great Khural of Mongolia dated 13 May 2020.

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It is stated in Article 143 of the Internal Military Rules that temperature

of buildings of units and divisions should be +18°С, and of hospital buildings
should be not less than +20°С in winter.
About 22.4 percent of conscripts, involved in the NHRC’s monitoring and
inspection, replied that housing for conscripts is extremely cold in the winter.
The majority of these conscripts refer to the Armed Forces units and divisions.
Monitoring and inspection revealed that service life of thermal pipes and
networks of some units and divisions of the Armed Forces and Border Protection
Forces had expired and needed to be renovated, and these units and divisions
had been operating in buildings and premises that do not meet occupational
safety and hygienic standard requirements.
Case 5.18
...Some units and organizations of the Armed Forces operate in the conditions
that don’t meet hygienic and building standards, where kitchen, shower room for
conscripts, and employees’ restrooms of the Unit No… had been located in the
building designed as auto vehicle garage with leaky roofs, heat loss and unventilated
that is not connected to the central water and sewage networks, of which bricks
lost their solidity and capacity to resist water, some beams and columns of the
building had degraded, interior and exterior clays had cracks and peels, concrete
skirt of the building had cracks, the foundation of the building is exposed to soil
water penetration, heating networks and pipes had become old and leaky...
(From the conclusion of the State inspector of specialized inspection)
The right to healthy and safe environment had been mentioned in the
16th Status Report on Human Rights and Freedoms in Mongolia in 2017, and
implementation of recommendations provided by the NHRC on improving the
working and living conditions of military services, constructing new buildings
for military units and divisions, and resolving budget necessary for the repair
and maintenance had been inadequate, however it has been decided that
funds for repairing these building and renovating pipes and networks are to
be allocated from the 2022 state budget and the Armed Forces Development
Fund.
Right to food, uniform and sanitary supply

Armed Forces units and divisions adhere to the “Daily food supply norm”
adopted as Annex to the Government Resolution No.286 of 2017, “Uniform
and utilities norm for military servicemen in the Armed Forces”, adopted as
Annex to the Government Resolution No.215, dated 27 September 2019, and
units and divisions of Border Protection Forces abide the “Uniform and utilities
norm for Border troops, period of use, and amount of food supply”, adopted
as Annexes 4 and 5 to the Government Resolution No.174 of 2017.
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In the units and organizations of the Border Protection Forces, daily food
supply norm per border troop is estimated as per 4 classifications34, and a total
of 25 types of food supply is procured, whilst in the Armed Forces daily food
supply norm is classified into 3: basic, special and additional, establishing food
supply differently as per each classification.
As compared to the monitoring and inspection findings of NHRC of 2006,
there have been positive changes, where military food supply is procured
within the specified time in accordance with the law, and stored in storage and
warehouse areas in units and organizations that meet standard requirements.
Table 5.6 Comparison of food availability, by percentage

2006 2021 Change
1 Sufficient 67.3 79.5 12.2
2 Average 22.5 14.2 -8.3
3 Insufficient 3.2 5.4 2.2
It must be noted that 19.6 percent of conscripts and 76.3 percent of citizens
who completed conscript service35, involved in the survey assessed the food
quality, taste and availability as below average.
According to the “Uniform and utilities norm for military servicemen in
the Armed Forces”, a total 21 types of uniforms and utilities are provided to
conscripts serving the Armed Forces, where winter uniform is provided on
15 October and summer uniform on 1 May every year. As per “Uniform and
utilities norm for Border troops, period of use, and amount of food supply”,
19 types of uniforms and utilities are provided to conscripts serving the Border
Protection Forces.
Table 5.7 Comparison of supply of uniforms and utilities, by percentage

2006 2021 Change
1 Sufficient 78.8 83.1 4.3
2 Insufficient 7 15 8
During the survey, officers, seniors and conscripts expressed their opinions
and complaints concerning the durability, quality and supply of uniforms.
For example, common criticism includes, the winter and summer boots of
conscripts do not meet the quality standards, as they feel wet, unable to keep
the feet warm, get hardened in the hot temperature and rub the feet.
34
Annex 7 to the Government Resolution No.286 of 2017.
35
NHRC, “Assessment on the situation of mistreatment among military servicemen”, sociological
survey report, Ulaanbaatar, 2022.

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It is stated in Article 293 of the “Military Service Rules”, “…conscripts shall

be given regular shower time, and shower schedule shall be notified in advance
to the squad.”
Of conscripts, involved in the survey, 93.5 percent had 1-2 showers a week,
whilst 73.7 percent of citizens who completed conscript service had 1 shower
per 10 days.
It has been observed during monitoring and inspection conducted by the
NHRC that conditions of shower rooms and laundry rooms in most units satisfied
standard requirements set out in the military rules, however there were units
and divisions to which attention should be paid. For instance, shower rooms in
the unit of the Armed Forces located at the aimag center, and that in the unit
of the Border Protection Forces located at soum center were heated by fire,
difficult for conscripts to have showers or baths and operated in conditions
that do not meet the hygienic standard requirements.
Thus, it is essential to improve quality and availability of military uniforms,
and immediately repair shower places of some military units.
Right to the protection of health and medical care

Order No. A/255 of the Minister of Defense dated 3 November 2020,
orders No. A/21 of 2019 and No.A/24 of 2020 of the Chief of GABP, National
Standard MNS 6655:2017 “Structure and activity of the Military infirmary” and
other relevant orders and decrees of the Minister of Health are adhered to with
regard to ensuring the right of military servicemen to the protection of health
and medical care.
According to the above orders, decisions and standards, all staff of
the military forces involved in annual preventative checkups by specialized
physicians, basic functions are implemented, such as establishing health grades,
checking up newly enlisted conscripts, providing emergency aid, in-patient and
outpatient medical care, conducting health surveys and making conclusions,
preventing from communicable and non-communicable disease, and giving
advice.
Of respondents to the survey, 209 or 17.2 percent of conscripts and 97 or
28 percent of citizens who completed conscript service said it was difficult for
them to get medical care and services.

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Table 5.8 Availability of medical care and services

Military units and organizations Citizens
who
Border completed
Questions Armed Internal Total
Protection conscript
Forces Troops military
Forces
service
percentage
percentage
percentage
percentage
percentage
Number
Number
Number
Number
Number
Is there any difficulties in getting medical care and services?
1 No 534 79.1 417 87.0 36 63.1 987 81.5 249 72
2 Always 16 2.4 6 1.3 1 1.8 23 1.9 14 4
3 Sometimes 111 16.4 55 11.5 20 35.1 186 15.4 83 24
4 Unanswered 14 2.1 1 0.2 0 0 15 1.2 0 0
Total 675 100 479 100 57 100 1211 100 346 100
When conscripts were asked to assess the physicians and healthcare officers
of military infirmary, quality and accessibility of healthcare services, 47 military
servicemen or 33.9 percent selected “inadequate”, 260 servicemen or 21.5
selected “average”, and 878 servicemen or 72.5 percent selected “adequate”.
As compared to the situational analysis conducted by the NHRC in 2006,
there had been significant changes with regard to infirmary housing, hygienic
requirements, types of equipment, medicine supply, storage, removal of expired
medicines, journals and records, as well as surveys, however budget deficiency
and difficulty, as well as scarcity of human resources and equipment had not
been fully resolved and taken care of until today.
Table 5.9 Comparison of accessibility to medical care and services,

by percentage
Answer 2006 2021 Change
1 No 67.7 81.5 13.8
2 Yes 25.5 17.3 -8.2
Although budget for medical care and services is increasing gradually year
to year, commanding officers and infirmary staff mentioned that the budget
was not sufficient for increasing accessibility of medical care and services.
Right to get visits

It is stated in Article 200 of the “Internal Military Rules”, “Upon permission
of the commanding officer of the unit, visitors came to see the conscripts and
privates and those who arrived to participate in the open day event of the

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military unit and division may be allowed to see dorms, kitchen, training room,
library, cultural center, Heroic Fame Hall, and the sports gym to get acquainted
with the military life”, “Upon permission of the unit guard or guard at branch
(guard of visit room), sergeants and privates may meet the visitors in the
visiting room”, and in Article 202, “Housing and meals for visitors from local
areas to see sergeants and privates and who requested to stay at the unit shall
be reported to the commanding officer for resolution. It shall be prohibited to
let outsiders stay in the unit in other cases.”
Due to the Covid-19 pandemic, restrictions were established on visits and
meetings with conscripts, and meetings and information sharing of conscripts
with their families had been organized using online tools and cellphones, and
letters and package sending/receipt, and conscripts were given access to
television, radio, newspaper and magazines for getting information, and these
activities had been documented.
Case 5.19
...Armed Forces Unit No. ... opened a closed Facebook account, posting information
and news on daily activities of the unit and the privates, events and operations
on timely basis to inform to the families of privates, and get their opinions and
comments, and organized once a month video-calling event for privates, while
border units initiated many activities such as playing concerts and sending the videos
to the families of privates...
(From the monitoring and inspection report sheet of NHRC)
Of conscripts, involved in the survey, 64 percent responded that they

received visits, proving the above findings. About 35 percent of conscripts who
did not receive any visits, explained that they did not want to receive visits or
were unable to contact their families.
About 48,8 percent of conscripts and 50.3 percent of citizens who
completed conscript military service said that they share the stuffs brought by
visitors with their comrades, and 1,3 percent said they give it to the supervisors.
It is important to realize the ideas proposed by military units and divisions on
creating conditions for conscripts to get stuffs for personal use via postal
service considering the location and remoteness of the military unit and limited
access of some conscripts to visits and meetings with their families.
CONCLUSION
Paying attention to elimination of improper attitudes of taking as normal
the mistreatment of conscripts under the symbolic name of abiding military
hierarchical superiority and training conscripts and violation of their rights and
freedoms; and removal of causes and factors affecting such attitudes and
practices, the State had been taking measures of revising relevant legislations

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step by step, ensuring socio-economic guarantee for military servicemen, and

improving their working conditions and food supply.
Although units and organizations of the Armed Forces, Border Protection
Forces and Internal Troops take measures continuously to improve internal audit
for the purpose of preventing crimes and offenses, detecting and terminating
mistreatment; analyzing conditions of crimes and offenses, and enhancing
staff ethics and discipline, there are serious crimes and offenses that incur loss
to human life and health.
Some rights of conscripts are restricted by law, however the rights guaranteed
by the Constitution of Mongolia and international instruments such as the right
to life, right to personal liberty and safety, freedom of conscience and religion,
right to be free from torture, inhuman, cruel, or degrading treatment should
not be restricted. Human rights could potentially be violated and mistreatment
among military servicemen could become hidden because of not reflecting
these principles in the Law on the Legal Status of Military Servicemen, relevant
regulations and procedures.
In the past 10 years, 468 crimes and disciplinary offenses had been
registered in military units and organizations, 44 military servicemen, of which
20 conscripts lost their lives, 126 servicemen incurred health damages or injuries,
56 escaped from the military service and a total 105 mistreatment offenses
were reported.
About 18.8 percent of present conscripts and 45.1 percent of persons, who
completed conscription services and were involved in the sociological survey
of NHRC, said they were subjected to mistreatment while in service. It means
1 out of every 5 conscripts is exposed to mistreatment. As compared to some
data of survey, conducted by the NHRC in 2006, these numbers dropped down
by 11.3-20.4 percent.
Mistreatment among military servicemen manifests in forms of physical,
emotional, economic and sexual violence, as well as in forms of taking measures
that are not stated in the disciplinary code or having privates do jobs that
were not specified in the military rules. In other words, old forms of military
“mistreatment” still exist today. Survey findings show that these situations
cause damage and loss to human life and health, leading conscripts to escape
from military service and commit grave crimes and offenses against military
service.
Mistreatment among military servicemen, and loss of life and health caused
by mistreatment is on one hand related to operational faults and failures in
the military service, weakness in monitoring and oversight, and ineffectiveness
of preventive measures, and on the other hand, it is related to socio-economic
conditions and personal behavior and development of conscripts enlisted to the
military service.
Because of not introducing to border protection units and organizations
the latest technology and equipment to facilitate human labor, conscripts not
prepared professionally are deployed to protect the border, which then causes
human rights violations.
CHAPTER VI
MONITORING AND EVALUATION
ON QUALITY AND ACCESSIBILITY
OF HEALTHCARE AND MEDICAL
SERVICES
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HUMAN RIGHTS
COMMISSION OF
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The citizens of Mongolia have “...the right to the protection of health

and medical care...”
“Everyone has the right to a standard of living adequate for the health
and well-being of himself/herself, and of their family, including food,
clothing, housing and medical care and necessary social services”
(Paragraph 1 of Article 25 of the Universal Declaration of Human
Rights)
“The States Parties to the present Covenant recognize the right of

everyone to the enjoyment of the highest attainable standard of physical
and mental health. The steps to be taken by the States Parties to the present
Covenant to achieve the full realization of this right shall include those
necessary for:
(а) The provision for the reduction of the stillbirth-rate and of infant
mortality and for the healthy development of the child;
(b) The improvement of all aspects of environmental and industrial
hygiene:
(c) The prevention, treatment and control of epidemic,
endemic, occupational and other diseases;
(d) The creation of conditions which would assure to all medical service and
medical attention in the event of sickness.”
(Paragraph 1 and 2 of Article 12 of the International Covenant on

Economic, Social and Cultural Rights)
290 MONITORING AND EVALUATION ON QUALITY AND ACCESSIBILITY OF HEALTHCARE AND MEDICAL SERVICES
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IN MONGOLIA
6.1 INTRODUCTION
Governments around the world had taken actions to set up quarantine
measures, restrict movements, and enforce infection control measures in
response to the global outbreak of the Covid-19 pandemic. Though these
measures were effective and significant in terms of the containing the
pandemic, the main pressure had fallen on the shoulders of health sector. As
all attention and resources had been deployed to combat the pandemic, other
healthcare services had become limited and the right of citizens to medical care
had been at risk of being violated.
Even though it had been a difficult time of war, natural disaster, public
disorder and infectious disease, governments are obliged to provide everyone
equal and non-discriminative medical care, and make sure healthcare and
medical services are qualitative, accessible, attainable and available.
Mongolian healthcare system consists of public, private and mixed
organizations, involved in manufacturing medicines, supplying pharmaceuticals,
delivering public health, and providing medical education, scientific research and
training services1. As of 2020, 4,575 healthcare organizations were operating in
Mongolia, comprising 12 specialized hospitals, 14 national specialized centers, 5
regional diagnostic and treatment centers (RDTCs), 16 general aimag hospitals,
4 general district hospitals, 9 public health centers, 6 general rural hospitals,
322 soum health centers, 209 family health centers, 241 private hospitals with
in-patient beds and 1491 private clinics2.
WHO recommended improving the quality and accessibility of medical care
and services through strengthening primary healthcare organizations, diversifying
healthcare services, and reducing out-of-pocket payments by individuals in
order to achieve “Universal health coverage”. The third national report of
Mongolia on human rights status had been discussed at the 36th working group
session of the Universal Periodic Review of the UN Human Rights Council,
and 170 recommendations had been given to the Government of Mongolia,
including 15 recommendations in the area of receiving healthcare services, such
as “...to strengthen the public health and improve medical services, ... develop
alternative methods of support for persons with mental health conditions
and psychosocial disabilities that respect their rights, including by combating
institutionalization, stigma, violence, coercion and over-medicalization, and by
providing mental health services that promote inclusion in the community,
continue consolidating the very encouraging progress achieved in the area of
maternal-infant health and extend beyond existing strategies and programs,
especially those with respect to care for newborns and reduction of infant
mortality rate”.
1
Paragraph 14.1 of Article 14 of the Law on Health
2
Health Indicators 2020, p.78
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It has been noted in the research “Quality and access to Primary healthcare
services in Mongolia”3, conducted jointly by the Ministry of Health, Mongolian
National University of Medical Sciences and WHO that revision of national
public health programs, coverage for expenses of some primary medical care
and services from the health insurance fund, and provision of evidence based
information as results of the research on the current state of quality and
accessibility of medical care and services in the framework of modification and
change of legal documents would be useful to policy and decision makers.
Objective 2.2 of the “Vision-2050, Long-term development policy of
Mongolia”, adopted under Resolution No.52 by the State Great Khural in
2020 says, “Nurture citizens with healthy habits and active lifestyle and evolve
a quality, accessible and efficient health system”. In this regard, necessary
amendments are being made to some laws, however there is a great need for
comprehensive monitoring and analysis to sophisticate the legal framework for
the health sector, and remove any contradictions, duplications and gaps in the
sectoral legislation.
This chapter focuses on some issues related to the quality and accessibility
of healthcare services and proposes recommendations based on monitoring
and analysis conducted by the NHRCM involving 16 healthcare organizations
in 20214, results of monitoring and inspection conducted on the basis of
complaints and reports lodged by citizens on operations and activities of the
General Hospital of Sukhbaatar district, National Center for Mental Health, and
Burns Reconstructive Surgery Department of National Trauma and Orthopedic
Research Center, as well as requirements and recommendations of the NHRCM
Commissioners.
6.2 HEALTHCARE SERVICES DURING COVID-19 PANDEMIC

During the pandemic, lockdown measures were established, and citizens
were asked to adhere to infection control measures, not to go out in public
places and visit unnecessary healthcare organizations with a high risk of
infections.
3
Ministry of Health, Mongolian National University of Medical Sciences and WHO, “Quality and
access to Primary healthcare services in Mongolia” research report, 2020, p.13
4
Considering migration, infrastructural accessibility, and location near the national border zone,
the survey involved one family health center from each 9 districts in Ulaanbaatar; general
hospital in Dornogobi aimag, general hospital in Zamyn-Uud soum in Dornogobi aimag and
RDTC in Orkhon aimag as representatives of reference level healthcare organization; and
“Urguu”, “Khuree” and “Amgalan” maternity hospitals, and National Center for Maternal and
Child Health as representatives of specialized hospitals. A total of 1764 questionnaires and
more than 60 interviews were held at the selected healthcare centers, general and specialized
hospitals. Of total 1140 respondents to the survey, 520 were clients of family health centers,
335 were outpatients of general hospitals, 160 were inpatients in general hospitals, and
125 were clients of maternity hospitals. A total of 624 physicians and healthcare officers
participated in the survey.
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According to the questionnaire survey of monitoring and analysis conducted

by the NHRCM among physicians and healthcare officers, 50.8 percent of
respondents implied that quality and accessibility of treatment and healthcare
services other than that of the Covid-19 had declined in recent 2 years, while
52.7 percent of customers of the surveyed healthcare organizations replied that
the quality and accessibility of healthcare services had declined5. About 64.9
percent of physicians and healthcare officers involved in the survey, and 55.7
percent of inpatients in general hospitals answered that quality and accessibility
of treatment and healthcare services other than that for the Covid-19 had
gone down. And 56.2 percent of officers and 52.7 percent of customers at the
family health centers replied that the Covid-19 had affected the quality and
accessibility of healthcare services.
Figure 6.1 Did quality and accessibility of treatment and services other
than that for the Covid-19 decline in the last 2 years of the Covid-19
pandemic outbreak?
Of healthcare officers, 68.1 percent responded that in the recent 2 years,

there was no funding for equipment and tools for treatment and services for
diseases other than Covid-19. Survey results show that the rate of investment
made for improving the quality and accessibility of healthcare services was the
lowest in general hospitals and the highest in family health centers. It maybe
because necessary equipment and protective tools were supplied by international
development organizations to family health centers – the “doorkeepers” under
the policy of preventing pandemics, minimizing risks, and taking responsive
actions.
5
NHRCM and WHO, “Monitoring on exercise of human rights in the health sector” Report,
2021, p.63.
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Figure 6.2 Whether investment is made for treatment and services

of diseases other than the Covid-19
About 42.1 percent of inpatients and 44.9 percent in outpatients at general

hospitals, 41.4 percent of clients of family health centers responded that they
visited the healthcare organization 2-5 times. Therefore, their assessment of
the quality and accessibility of healthcare services could be highly reasonable.
Even though more than 50 percent of customers assessed that the quality
and accessibility of healthcare services other than those for the Covid-19
had declined, 65.3 percent of them concluded that healthcare services had
been provided continuously, i.e. 73.1 percent of inpatients and 62.4 percent of
outpatients of general hospitals and 60.5 percent of clients of family health
centers replied that healthcare services other than that for the Covid-19 had
been provided continuously.
Figure 6.3 Were healthcare services other than those for the
Covid-19 continuously provided?
Of inpatients who responded the healthcare services were continued, 52.7

percent were hospitalized due to scheduled surgery, 28.7 percent due to sudden
illness, and 18.7 percent due to general procedure. About 72.4 percent of these
inpatients were afraid of contracting Covid-19 infections, 16.5 percent were
afraid of a lack of medicines and injections, and 4.7 percent were afraid of
insufficiency of physicians. As per outpatients, 62.2 percent visited the hospital
because they were sick, 23.3 percent for prevention purposes, and 14 percent
for mandatory check-ups. This shows that healthcare organizations, involved
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in the survey, provided scheduled and urgent medical services on timely basis.
Around 10.7 percent of clients considered that they could not enjoy their
right to health protection due to scarcity of medical tools, medicines, physicians,
medical staff and non-hospitalization caused by the Covid-19 pandemic,
whereas 63.4 percent of inpatients and 52.7 percent of outpatients of general
hospitals, and 58.1 percent of clients of family health centers responded that
they exercised their right to health protection in the time of the pandemic.
Figure 6.4 Do you think your right to health protection is violated

during the Covid-19 pandemic?
the impossibility of being hospitalized, scarcity of human resources and

increase in the risk of contracting an infection from hospitals had impacted
on the decrease of access to healthcare services, and the survey result shows
that percentages of these reasons vary as per inpatients and outpatients. For
instance, 72.4 percent of inpatients, 21.1 percent of outpatients and 10 percent
of clients of family health centers viewed that the risk of contracting the
infection was high.
Case 6.1
...Specialists of relevant organizations informed that some healthcare services were

inaccessible during the Covid-19 pandemic. For example, there a scarcity of x-ray
equipment to be used for patients with tuberculosis (TB), and there were cases
where medical care for TB patients had been delayed as TB physicians and medical
staff had been called to the Covid-19 mobilization....
(From interviews held with physicians in the framework of assessment
on TB-based discrimination and defamation)
The Covid-19 pandemic warned it was essential to increase investment in

social protection, education and health sectors, and showed the importance
of making reforms in order to improve emergency response preparedness of
these sectors, and to enable equal access to population groups, especially those
who are at high risk of being left behind in this system.
6.3 QUALITY AND ACCESSIBILITY OF HEALTHCARE SERVICE

Although the medical sector is undergoing rapid development in the
international arena, much more importance is given to the quality of medical
care and services provided by hospitals and healthcare organizations as humanity
faces new types of communicable and non-communicable diseases and cancer
cases. Delivering customer-oriented, qualitative, accessible and safe healthcare
services to the people is a challenge for not only Mongolian but also for the
world healthcare sectors.
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Quality-safety of healthcare services

In Mongolia national health quality assurance that prevents medical errors
in the course of provision of medical care and services to the people, as well
as organizes and monitors actions to respond to such errors with minimum
damage, is implemented as per the following 4 tiers:
For the purpose of improving medical care and services continuously

through mutual learning by and between healthcare organizations, and through
recording, analyzing, investigating causes, reporting, creating database,
responding, preventing from repetition of incidents arising in connection with
the medical care and services that could affect adversely on safety, “Procedure
for recording, reporting, and responding to an incident, arising in connection
with the medical care and services”, “Guideline for recording and responding to
the risks associated with medical care and services”, “Guideline for preparing,
assessing and reporting a plan for improving the quality and access to medical
care and services”, “Functions of a unit in charge of quality and safety of
medical care and services to be provided by aimag and capital city health
departments and health development centers”, and “Functions of officers of
medical care and services quality and safety units” were revised under the Decree
No. A/566, issued by the Minister of Health in 2019. Directors and chairs of
healthcare organizations of all levels had been obliged to provide management
and oversight on the enforcement of these procedures and guidelines.
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An action plan for improving the quality and safety of medical care and
services is being implemented as adopted under Decree No. A/514, issued by
the Minister of Health on the 18th of December 2017. It has set up objectives
to improve and develop in conformity with the international standards the
management and coordination of quality-safety of medical care, and quality-
safety of medical care and services provided to citizens in Mongolia; to establish
the culture of respecting professional ethics; to enhance human resource
capacity; to promote customer-oriented care and services; and to ensure the
safety of patients.
However, healthcare officers reported, “In case a physician or a healthcare
officer makes a mistake, management and quality team of the healthcare
organization usually imposes sanctions or punishments”, “Questions such as
‘What is the risk factor?’ and ‘What should be done to avoid such risks?’ are
left unanswered”, and “There is a common tendency to impose sanctions on
physician and healthcare officers rather than taking measures to eradicate
causes and roots”6.
According to the monitoring and evaluation conducted by the NHRCM,
some healthcare organizations had no record of errors or incidents related to
medical care and services at all, and measures taken to minimize risks were not
clear. Healthcare officers explained it, “Family health centers employ less staff,
and in some cases the management of the center had to be a member of the
quality assurance team. In the event of any mistake, it is usually suppressed
rather than recorded or reported, and it is common among physicians and
healthcare officers, who made a mistake, to conceal any breaches by meeting
face to face, reconciling or negotiating with the client. Because multiple
records of errors or mistakes affect adversely the performance assessment of
the healthcare organization.” It shows that there is a necessity for organizing
measures to detect at once the incidents, introduce the significance of incident
records, and advise on the incident resolution.
Accreditation
As stated in the Law on Health, state central administrative body in charge
of health matters should be responsible for monitoring the implementation of
the policy on healthcare service quality, and issuing accreditation to healthcare
organizations7.
In Mongolia, a healthcare organization should be accredited by voluntarily
having its operations, technologies and qualities of its healthcare services to
the public assessed, and preparation period for assessment should be 12-24
months. Accreditation is granted by an authorized body for a period of 2-5
years upon receipt of application for the first accreditation in prior to 1-2 years
and the applications for re-accreditation prior to not less than 90 days.
6
NHRCM and WHO, “Monitoring on exercise of human rights in the health sector” Report,
2021, p.11.
7
Sub-paragraph 8.1.18 of Article 8 of the Law on Health.
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In accordance with the Decree, issued by the Minister of Health, in 2019

“Accreditation criteria for healthcare organizations” and in 2020 “Accreditation
criteria for family, soum and village health centers” had been revised8. As
per these revised criteria, health organizations should be assessed by 3054
indicators, customer-oriented services by 482, operations of healthcare
organizations by 380, and quality, safety and technology of healthcare services
by 2192 indicators. The number of indicators used for accreditation of general
hospitals, regional diagnostic and treatment centers, and maternity hospitals
had increased by 10 times as compared to that of the previous years. As for
family health centers, the number of indicators had been added six-fold. About
71.7 percent of total accreditation criteria concern the improvement of quality,
safety and technology of healthcare services, and it is of great significance in
ensuring the right of citizens to health protection.
Case 6.2
...Besides having heavy workloads, our family health center is preparing for the
accreditation. According to the accreditation criteria revised in 2020, it’s doubtful that
we could satisfy them. There are many hurdles, such as environmental requirements
etc. that we could not meet. All family health centers operate on the 2nd floor of the
Khoroo administration building. We work in an environment that is not enough for
hanging the clients’ clothes, so how could we facilitate an environment that meets
the needs of elderly people and persons with disabilities.
Therefore, it is essential to make arrangements that introduce some of the revised
criteria step-by-step...
(From an interview held with officers of a family health center)
In case aimag or soum general hospital fails to meet the accreditation

criteria, its funding could be cut or its management team could be replaced,
but it cannot guarantee that the operations of the healthcare organization
could become normal at once. Because operations, quality and accessibility of
services of these non-profit healthcare organizations that are funded from the
national and local budget funds and health insurance funds mostly depend
on state policy and funding. Thus it could be more effective if activities to
meet the requirements of relevant standards and accreditation criteria are
implemented step-by-step in line with the state policy, funding, and human
resource supply. Due to too high standards and requirements, accreditation of
primary local healthcare organizations might face some challenges, leading to
a condition where the right of citizens to health protection could be violated. If
state-owned healthcare organizations and family health centers could not meet
the accreditation requirements, clarification of the support, participation and
8
Decree No. A/179 “On adopting the accreditation criteria for family, soum and village health
centers”, issued by the Minister of Health on the 16th of March 2020.
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cooperation of local administrative organizations and higher authorities of all

levels of healthcare organizations would be of positive impact on accreditation.
It should be noted that revision and restatement of criteria had been on
one hand a timely matter that aimed to make major progress in the operations,
requirements, service quality and accessibility of these organizations, but on
the other hand, it is likely to make it hard for primary and reference level
healthcare organizations that are operating now on the basis of meeting the
previous accreditation criteria. Therefore, it is important to determine more
rational and practical solutions to deal with this matter. For instance, 106 out
of total of 156 healthcare organizations that are accredited in 2020 had not
submitted their plan for improving quality and safety, and of them 75 are local
healthcare organizations.
Performance contract
In the framework of providing continuous, qualitative and accessible
healthcare services to the population in the territory of affiliation, aimag and
district general hospitals, healthcare centers, central hospitals and specialized
hospitals conclude performance contract or tripartite contract with the Ministry
of Health and the Governors of the territorial units. Family health centers
conclude and evaluate every year the performance contracts with the affiliating
soum and district Governors and Healthcare Departments.
Performance contract templates, contract evaluation procedure and criteria
had been approved under Decree No. A/05 “On adopting the performance
contract template for family health centers”, issued by the Minister of Health
in 20179. According to this contract, performance of Governors are evaluated
by 9 criteria, performance of the Director of Health Department by 7 criteria,
performance of family health centers by 77 criteria within 49 topics referring to
23 articles. By improving the operations of family health centers increasing the
responsibilities of the management and capacities of personnel, this contract
is of great significance in increasing effectiveness of healthcare services to be
provided to residents in the affiliating territory and state services to protect
public health; and in determining the scale of funding. Also this contract can
be viewed as a part of the accreditation process. The procedure for accrediting
healthcare organizations are revised, however the performance contract
template and procedures are not and it becomes the reason why healthcare
organizations had to shoulder the workload of preparing numerous reports,
plans and explanations besides performing their main functions. According
to monitoring, evaluation and questionnaire at family health centers, it was
mentioned several times that performance contracts were not evaluated fairly,
were not realistic, and were political sometimes.
9
Performance contract template, contract evaluation procedure, and contract evaluation criteria.
Decree No. A/05 “On adopting the performance contract template for family health centers”,
issued by the Minister of Health on the 4th of January 2017 <https://moh.gov.mn/uploads/
files/3d839ae3cf6045621b33f80d551b09c3.pdf>
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Case 6.3
... In the process of performance contract evaluation, family health centers in the
district compete against one another. Depending on affiliating zones in the district
area, each family health center has different population number with different
living environments, health conditions, education and livelihood. And therefore the
budget and funding vary. There are cases where the centers could not afford some
necessary equipment. Since our center is isolated in a remote location, we have to
cross the mountain to provide home-treatment and check-ups, and gas expense is
usually high. On the contrary, family health centers in the central district area do
not face problems like this.
It is essential not to be political when evaluating the performance of family health
centers. Operations of the family health center swing as the Governor or the Khoroo
Chief is replaced. Some Governors and Khoroo Chiefs support our operations, but
some neglect us completely. We have to flatter and beg when the time for contract
evaluation begins. As someone who is obliged under the contract, they say “I
supported you”.
Our former Khoroo Chief didn’t provide the registration of the population in the
territory. Thus, it is essential for family health centers to have direct access to
citizens’ registration database without depending on khoroo for data…
(From interviews held with Heads of Family health centers)
As the above conditions imply, it is important to conclude with family

health centers the performance contract not in one-for-all format, but in a
format that is appropriate for operational characteristics of the center; based
on human resources and financial capacity; that would assist in meeting the
accreditation requirements and encourages innovative activities. Also, it is crucial
to be impartial without being affected by any party or political influence and
to be fair when assessing the fulfillment of contractual obligations by parties,
and to plan for further actions when conducting contract performances.
Availability and workload of physicians and healthcare officers
There were 12,431 physicians (of which 9,866 are general practitioners) and
13,000 nurses operating in state-owned healthcare organizations in Mongolia
as of December 2020 .
In 2020, an average of 5.6 million medical examinations were performed
a year at the family healthcare level, a citizen visited an average of 2.6 times
a year to the family health center to get medical care and services. At family
health centers in Ulaanbaatar 4.0 million medical examinations were performed
in 2020, where the number of examinations per family doctor a year was
6,07110 which is inconsistent with the standard. Then in 2021, a family doctor
10
Health indicator 2020, Center for Health Development, WHO, 2021.
<http://hdc.gov.mn/media/uploads/2021-08/Eruul_mendiin_uzuulelt_2020.pdf>
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at some family health centers, involved in the monitoring, served an average of

50-70 customers per day, which is not consistent with the standard. More than
40 percent of customers included in the monitoring visited the hospital 2-5
times in the last year. For instance, 42.1 percent of inpatients and 44.9 percent
of outpatients of general hospitals, and 41.4 percent of clients of family health
centers visited the hospital or center 2-5 times a year.
Among inpatients and outpatients of general hospitals, the number of
clients who visited the general hospitals for the first time is 10 times more
than those who visited the family health centers. Of clients of family health
centers, 32.8 percent responded that they are visiting the health center 5 and
more times.
Figure 6.5 Frequency of visit to the hospital
The workload of family health centers in the capital city increased by 50-70
percent as they provided medical care and treatment, carried out surveillance
on patients and their families, entered data into the surveillance system and
rendered daily medical treatment and care, if necessary, as specified in the
“Temporary procedure for providing medical care and services to confirmed
coronavirus patients in home-isolation”, adopted under Decree No. A/239,
issued by the Minister of Health on April 21, 202111, while being mobilized to
the vaccination and “One door-One test” campaign in relation to the outbreak
of the Covid-19 pandemic. For instance, due to a lack of human resources to
work in the family health centers of remote districts, the chief of centers had
to perform family doctor’s job, which is violating the standards and regulations
on family health centers. According to the standard, a family doctor and a
nurse should serve 1,800-2,00012 persons, however one family doctor in some
family health centers, monitored by NHRCM, worked under 2-3 times more
workload than those specified by the standard.
11
Decree No. A/239 “On adopting the temporary procedure and evaluation form”, issued by the
Minister of Health in 2021.
12
Article 7.8 of National standard MNS 5292:2017 on Structure and operations of family health
center.
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Case 6.4
...When I arrive in the morning for an injection, the nurse serves the patients before
me, making me wait until 12.00-13.00. During wintertime, the workload is less, but
during summer waiting time gets longer. Patients come for post-Covid-19 treatment.
Sometimes, when there is no family doctor, people are sent to the 18th khoroo. there
are many problems, such as the current doctor being a new one, or the doctors
being replaced constantly. A bus station is located far from the health center, and
it takes a whole day to go there by changing buses. It is necessary to increase the
number of doctors, and to administer tests here…
(From an interview held with a client of the family health center in the 20th khoroo
of Sukhbaatar district)
A family health center called “Tegsh duuren khuslen”, located in the 26th
khoroo of Bayanzurkh district serves about 40 thousand population, providing
treatment and examination in 9 rooms with an area of 110m2 (a total of 152m2
including the corridor area) at the 2nd floor of Khoroo building. Although
the center is using its resources and taking measures to increase accessibility
and decrease inconvenience by focusing on creating a favorable environment
for customers, purchasing medical equipment, making refurbishments and
arranging appointment-based vaccination in order to prevent infants from
risks; family doctors and healthcare officers are likely to get exhausted and
make mistakes as the number of population over-exceeded, human resources
and premises became less available, and increased workload.
Family health centers need physicians, nurses, midwives and other medical
staff. For example, as a new building for the General Hospital in Zamyn-Uud
soum in Dornogobi aimag was operationalized, inpatient ward is located on
2-3 floors of the hospital. The hospital employs 5 nurses out of 14, and those
5 nurses work in shifts, and sometimes they had to work morning and evening
shifts without leave. It is decided that leave for overtime should be enjoyed
physically, but nurses could not enjoy the leave physically due to the lack of
nurses. Also, having one nurse work in-between 2 floors at night affect the
safety of clients and the quality and accessibility of services.
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Case 6.5
... There were a few problems when we were in the same floor before. Now I have
no idea how many percentages of my work hours are wasted on walking between
these 2 floors. Once I start IV therapy, I have to go back to the upper floor to take
care of another IV therapy, and I am afraid of making any mistakes or errors that
could potentially harm the life and health of a person while going up and down the
floors. Not every patient can discontinue the IV fluid system. Some patients would
scold us by telling if we were asleep, forgetting to discontinue the fluid. Because of
continuous administration of injections, there is no time for night-shift nurses to
write down the medical history of patients. therefore, we need on least one nurse
at each floor…
(From an interview held with a nurse of a general hospital)
Case 6.6
...There was an incident where 2 inpatients in the same ward had a fight and one
had died in the spring of 2021. Therefore Head of the hospital Division had requested
repeatedly from the management and the director of the Regional diagnostic and
treatment center the permission for employing guards, but it had not been decided
until today…
(From an interview held with a physician)
...Pediatric unit of the general hospital of Dornogobi aimag is operating with 10
pediatricians. Working condition is difficult. The pediatric unit had been divided and
placed into emergency, traditional medicine and obstetrics units as the “red zone”
had to be established in relation to the Covid-19 treatment. Infant nurses had
been simultaneously employed in adults’ unit, breaching infection control measures
and making up risks. Pediatric critical care doctors, nurses as well as obstetricians
are in desperate need. Due to the lack of intensive care beds for children, as well
as equipment and tools such as ventilators, neonates pathology analyzers, infusion
pumps, it is hard for pediatricians to operate. Pediatricians provide treatments on
the basis of assumptions...
(From an interview held with physicians)
It has been observed during monitoring and evaluation that other healthcare
services were interrupted or de-escalated as some healthcare officers were
mobilized to combat the Covid-19, and some rooms were re-purposed into
rooms for isolating Covid-patients. For example, pediatric wards in general
hospitals involved in the monitoring and evaluation had been re-purposed
into Covid-wards or rooms; children, who were treated in those rooms, had
been placed in other wards; and pediatricians, rehabilitation physicians and
healthcare officers had been mobilized to other treatment services.
Family health centers usually provide healthcare services to residents of
the same khoroo, and the number of approved staff varies depending on
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the population and remoteness. For instance, with 11-36 staff, family health
centers, involved in the monitoring and evaluation, serve more than 8,000-
30,000 people. The reason why workload is high and funding is insufficient
in some khoroos are that the number of clients receiving healthcare services
from family health centers are several times more than the number of citizens
registered in the khoroo territory. It is also because of operationalization of
new residential apartments in central districts and the increase in number of
citizens who migrated from rural areas.
It has been stipulated in the law that family health centers should be
established in the center of aimag or the capital city and in sedentary area
with concentrated population13, however the minimum number of population
per family health center should be not less than 6000 in local areas and not
less than 8000 in the capital city14, which does not comply with the goal
“Everyone, irrespective of where they live, shall have access to quality health
services without financial constraints whenever they need”, stated in the UN
2030 Agenda for Sustainable Development. In order to deliver state services
to the population without delay, a primary administrative unit-khoroo has
been established, but the establishment of health center to provide primary
healthcare services had been limited by the number of residents, according to
the rule, adopted under the decree of the Minister15. For example, because
of a reason that the number of registered population in the 20th khoroo in
Sukhbaatar district was not enough for establishing a family health center, a
branch of the family health center of the 18th khoroo had been opened in the
20th khoroo, however due to lack of physicians and healthcare officers to work
in the branch, people had to go to the main center located in the 18th khoroo to
get medical care and services other than medicine prescription, injection and IV
fluid. This shows that the minimum population required for the establishment
of family health center had been specified in the “Model charter of the family
health center”, making it impossible to establish such center in the sedentary
area with population less than that specified.
More than 60 percent of clients of family health centers come to the
center without prior appointments, and wait for 15 minutes up to 1 hour to get
examined. Generating crowds in the poorly ventilated place, where infection
control measures could not be enforced, would create conditions for elderly
people, pregnant women and young children to get sick again or to contract
infections. Especially, increasing number of citizens, who had coronavirus
symptoms, who wanted to get tested and vaccinated in the last 2 years had
added to the workload of family health centers, leading the centers to become
“red zones”.
13
“Model charter of the family health center”, adopted under the Decree No. A/212, issued by
the Minister of Health, on April 15, 2021
14
the Minister of Health on April 15, 2021
15
the Minister of Health on April 15, 2021
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As for aimags, the reason for the workload increase is the growing number
of residents in the central area, and the treatment of Covid-patients in general
hospitals in recent years.
The number of physicians and healthcare officers in Ulaanbaatar was higher
than the national average by 25 percent, whilst local areas are in a deficit of
physicians and healthcare officers, and the number of clients per physician is
twice more than the standard level as of 2020. In order to ensure accessibility of
healthcare services to everyone, it is essential to determine appropriate human
resource policy for the health sector that considered the sectoral workload.
Knowledge and skills of physicians and healthcare officers
Quality of healthcare services is directly linked to the knowledge,
specialization, education, skills, attitude and ethics of healthcare officers.
Enrolling healthcare officers regularly and continuously in advanced training
phase by phase would impact directly the improvement of the quality of
healthcare services.
The education level of physicians and healthcare officers varies depending
on the type and form of healthcare organizations, and the percentage of
educational level, years of consistent employment and enrollment in professional
training rises as the level of healthcare organization goes up.
Figure 6.6 Education level of physicians involved in the survey
Doctor’s
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Of healthcare organizations, involved in the monitoring and evaluation, family

health centers put limited effort into enrollment of physicians and healthcare
officers in re-training or advanced professional training, improvement of their
knowledge and skills, and management of human resources while general
hospitals and maternity hospitals put higher efforts. For instance, in the
year between 2020 and 2021, National Center for Maternal and Child Health
enrolled 59 physicians, nurses, and obstetricians, and the General Hospital of
Dornogobi aimag enrolled 38 physicians and healthcare officers in mid and
long term training in 7 specialization areas including intensive care, mental
health, pediatrics, ophthalmology, obstetrics and gynecology at the request
of the organization, whereas family health centers in 9 districts enrolled 10
physicians and healthcare officers in resident doctors and specialized training
at the request of the center.
Due to restrictions and lockdown measures established because of the
pandemic in the last two years, physicians and healthcare officers attended
classroom training on treatment, diagnosis, and infection control measures
related to coronavirus infection, and participated in other training online.
However, online training had been ineffective for healthcare officials as it
was impossible to concentrate fully on the contents of the online training;
several organizations announced simultaneous training; and learning was
limited because of workload. Healthcare organizations provide internal in-
service training on treatment quality, safety, occupational safety, sterilization
and disinfection.
Case 6.7
... It is really challenging to attend in-service training while working. Clients would
come in, opening the door. They don’t get it when I say I am busy. Also, I have to
leave the training in case of emergency, and when I come back, the training would
be over already or it would be gone to the point I could not catch up…
(From an interview held with a family doctor)
To the question of whether physicians and healthcare officers get a chance

to advance professionally in the organization they are employed, 55 percent
of respondents replied “yes”, 31 percent replied “couldn’t use the chance” and
30.4 percent answered “no”. For instance, the chance to advance professionally
is the highest or 78 percent at the family health center level, but 45 percent
could not use this chance. Of physicians and healthcare officers of general
hospitals, 51 percent replied it is possible to advance professionally, and 20
percent advanced professionally.
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Figure 6.7 Is it possible for you to advance professionally?
About 24.3 percent of physicians at maternity hospitals replied that it’s

possible for them to advance professionally and they use it, 28.9 percent
responded that it’s possible but they don’t use it, 15.8 percent said only
those lucky get the chance, and 30.9 percent answered that it’s impossible to
advance professionally. Of healthcare organizations of 3 levels, involved in the
monitoring and evaluation, physicians and healthcare officers of family health
centers have more possibilities of advancing professionally as compared to those
of the other 2 levels, however the percentage of not using such possibilities is
higher because of their workloads and human resource shortages.
Figure 6.8 Enrollment in human rights training
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About 89.2 percent of physicians and healthcare officers of general

hospitals and 90 percent of those of maternity hospitals are involved in the
monitoring and evaluation, had not been enrolled in human rights training, and
5.9 percent of overall respondents became aware of human rights through
internal training, provided by their organizations and 2.9 percent of respondents
self-studied about human rights.
Sterilization, disinfection and waste management
As prevalence of infectious disease increases and the number of inpatients
adds up, the main conditions for preventing the spread of infection would be
the conduct of hospital laundry and sterilization in accordance with standards,
and storing and removing hazardous waste as per instructions and procedures.
Since family health centers, involved in the monitoring and evaluation use
single-use devices and tools, they only wash 100% of themselves the uniforms
and few fabric utilities. As per general hospitals, they have independent laundry
sections, where 1-3 laundrymen work for a shift of 8 hours a day depending
on inpatient wards and number of beds.
Case 6.8
... No maintenance had been done in the laundry section since the operationalization
of the hospital. It doesn’t meet the safety requirements and standard working
conditions as there is no heating in the winter, and the floor is always wet. Like
others, the laundry section goes to the red zone of Covid-19 to get surgery materials
and bed sheets to wash, but our labor is unrecognized. Somehow, some amount is
deducted from our 40 percent performance bonus.
(From an interview held with a hospital officer)
Bed sheets of patients who contracted Covid infections, and surgery

linens are soaked in zhavelion solution for some time for sterilization purposes
before washing, and an officer in charge of providing sterilization substances
gives prescriptions and instructions for using the substances. General hospitals
adhere to the “Procedure for laundry and sterilization of soft cloths and bed
sheets of the hospital”, providing bed sheets from the hospital for inpatients
in surgery, obstetric, intensive care, isolation, communicable disease and
tuberculosis wards without getting sheets from their families, washing and
sterilizing according to the classification of high infectious risk those cloths and
sheets whenever they are used.
In family health centers, disinfection and sterilization are performed
by cleaners and only 2 centers had doctors in charge of sterilizations. As
specified in the internal procedure, cleaner should be responsible for day-to-
day cleaning and all physicians and healthcare officers should weekly do the
spring-cleaning on the fixed day. Up to 2 quartz lamps are used for sterilization
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and disinfection, and because of Covid-19 infections, fumigation is being

used. Family health centers use single-use tools and devices, and sterilization
and disinfection of necessary equipment and tools are conducted in a timely
manner, and disinsection is done once a year by specialized organizations on
contractual basis, and the timely records are kept.
Family health centers established infection risk zones and set up markings
and signs, however it is impossible to comply with the established procedures
and regulations due to limited space, crowded clients and lack of maintaining
distance in the hospital building.
As per general hospitals and maternity hospitals, sterilizations of medical tools
and indoor spaces are performed satisfactorily in accordance with the relevant
procedures, regulations and guidelines. Hospitals, involved in the monitoring
and evaluation, use over 10 pieces of quipment for sterilizing medical tools and
devices, and operations of 90 percent of them were completely normal. Some
hospitals managed to fully automatize the sterilization section in the framework
of international projects and programs, impacting positively the treatment
quality, infection control and safety. Because of the Covid-19 pandemic,
advancements were made in indoor sterilization as well, strengthening infection
control system where each general hospital is equipped with disinfection gates
and foggers besides employing the traditional sterilization forms.
Medical waste is referred to as hazardous, but healthcare organizations
care less about waste storage and disposal. About 33 percent of family health
centers, involved in the monitoring and evaluation, had no designated waste
storage site, and therefore they keep the waste in the isolation rooms or
unused rooms. In addition to it, some family health centers established Covid-19
testing points in their waste storage room.
All family health centers have transportation and disposal of medical waste
executed by contractors, of which 45 percent had no scales for weighing
waste, and had no or incomplete records of waste. Maternity hospitals get
medical wastes removed and disposed of by contractors; classify wastes as
“infectious”, “with sharp edges”, “with blades”, “abnormal waste”; and weigh
wastes depending on characteristics of obstetric and gynecologic hospitals.
There is a risk of outbreak of infectious disease, and people or animals are
likely to get injured or poisoned by hazardous waste due to lack of adherence
by family health centers, aimag and soum general hospitals to procedures
and protocols on waste collection, classification, storage, transportation and
disposal; and because of weak monitoring and registration on waste handling.
Environment, condition and location of premises of healthcare facilities
Requirements on premises, external and internal environmental hygiene and
infection control measures of healthcare organizations are established by the
national standard "Environmental hygienic requirements for health facilities”
MNS 6392:2013.
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About 70 percent of family health centers that provide primary healthcare

services operate in non-purpose buildings or on the 2nd floor of the Khoroo
complex building. Family health centers refurbish and renovate the khoroo
building with their own resources, however depending on the building design
and purpose, they could not provide separate treatment and testing rooms,
isolation and locker sections for customers; and could not strictly enforce
infection control systems due to inadequate ventilation system. Because of
the pandemic situation lasted for the past 2 years, there were cases where
“Citizen’s Hall” and other office rooms of khoroo the buildings had been used
for primary medical care purposes.
Due to insufficient treatment and examination rooms at family health centers,
2 doctors in the same room with an area of 20m2 examine clients. It leads to
a situation, where a client not to fully and precisely describe the symptoms of
a health problem to the doctor; where a doctor could not formulate correct
diagnosis, and could not provide effective and quality treatment and care; and
where private data of the client and information related to the clients’ illness
could be disclosed.
Family health centers have no or insufficient parking lots (or use other
organizations’ parking lots), and thus they don’t meet the requirements of the
national standard "Environmental hygienic requirements for health facilities”
MNS 6392:2013. For instance, because entrance route to the family health
center of the 26th khoroo of Bayanzurkh district is closed and there are no
parking lots for clients, it is difficult for elderly people, persons with disabilities
and clients with infants to get healthcare services. Also, it is essential to improve
accessibility of healthcare services to remote khoroos, and increase the number
of transport vehicles to be used for emergencies home calls and treatments.
Although it is stated in the structural and operational standard for family
health center, “A family health center shall be located in a distance to which
a client could reach by walking or driving within 15-30 minutes”, 40 percent
of respondents to the monitoring and evaluation questionnaire replied that it
takes 15 minutes, whereas for 30 percent of respondents it takes up to 30
minutes and for 30 percent it takes up to 1 hour to get to the family health
center. For example, Bagakhangai district is an isolated district with 2 khoroos
and 5,000 population. It has no family health center, but a branch of district
health center operates in this district. There is no public transportation service
here, therefore people had to hitchhike or walk to get to the district health
center, located 8 km away.
Accessibility of premises and rooms is relatively good in aimag general
hospitals, regional diagnostic and treatment centers and in maternity hospitals,
however it does not fully meet the requirements of accreditation affected since
2020 and relevant standards.
RIGHTS AND FREEDOMS
IN MONGOLIA
Case 6.9
... People go to the central district of the capital city to get medical care and services
since there is no gynecologist and dentist in Bagakhangai district. There are many
complaints that test results come out false, it is impossible to take necessary tests,
and there’s a need for seeing specialized physicians. Thus people go for about 100
km to the capital city hospital. Since public hospitals do not examine citizens from
non-affiliating territories, people mostly go to private hospitals, which is costly. It’s
therefore rare among people to go to the hospital if their health conditions are not
the worst…
(From an interview held with a resident of Bagakhangai district)
... Pregnant women go to the Nalaikh district health center to give birth because
the Baganuur district health center does not receive them. When I gave birth at the
Nalaikh district health center, I felt what discrimination truly is. I have been mentally
stressed due to poor healthcare service in our district. I couldn’t forget it until today…
(From an interview held with a resident of Bagakhangai district)
Except for general hospital of Zamyn-Uud soum in Dornogobi aimag and

“Amgalan” maternity hospital, those involved in the monitoring and evaluation
are operating in buildings that had been operationalized in 1959-1980, and
constructed in line with the urban planning and population number of that
time; and are taking measures to increase accessibility of their services by
expanding hospital buildings and constructing new sections on the land
considering population growth and social needs and demands for installing
to-date medical equipment. However, these measures resulted in decrease in
mandatory land size and green area as specified in the national standard “The
structure and activity of general hospital” MNS 5095:2017”.
Case 6.10
... Although the hospital building was operationalized in 2020, the wind blows
through the gaps in window frames of inpatient maternity wards, resulting in
leak of heat. Even though the hospital building had been constructed for hospital
purposes, it had not been constructed well, and the commissioning committee didn’t
pay attention to the quality. The quality of the building is poor: dust comes through
the window, the pipes smell bad, and the ceiling leaks. Its design was first planned
as “flat arch”, but had been reduced to half-flat arch…
(From an interview held with a healthcare officer)
Hospital buildings had aged, costs for routine repair and overhaul maintenance
of buildings increase every year, and there are occasional damages in the
infrastructure, electricity, heating, water pipe networks, and sewage system.
For instance, “Khuree” maternity hospital in the capital city was commissioned
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in 1959, providing continuously for 62 years the obstetric care and services. The
entrance and exit of the building have a raft allowing access to wheelchair users
and ambulance stretcher trolley, but because elevators could not be installed
in the building, physicians and nurses had to carry persons with disabilities
and patients with serious conditions up to the second floor. According to the
professional assessment of the State inspector of the Capital City Specialized
Inspection Agency basic structure and design of the building became old and
had changed in the course of use for many years, indoor heating networks
and pipelines for clean water and sewage had worn out, usage and life norms
specified in “Standard norm for repair and life of premises and utility system”
BNbD 13-04-03 had expired, and wooden flooring of the first floor had
undergone shrinkage and cracks due to base soil alterations, and therefore
it violates the clause 9.1.1 of Article 9 of the Law on Construction, “Buildings
should be designed and built without negative impact on human health, should
create working and living conditions for human, ensuring safety”16.
According to the inspection conducted by NHRCM in 2021 at the Burns
Reconstructive Surgery Department of National Trauma and Orthopedic
Research Center, aseptic and septic bandaging rooms and patient restrooms
were inadequate in the surgery department, where there was only 1 bathroom
per 35 persons, which does not comply with the national standard “The
structure and activity of specialized hospital MNS6330:2017”. Also, the hospital
for reconstructing and treating burns had no designated building; and clauses,
including 3.1 “to provide complete professional trauma and orthopedic care to
the burn patients” and 3.5 “conduct surgery to remove post-burn scars and
contractures” of the Annex to the Decree No.136, issued by the Minister of
Health on April 25, 2012 were not adhered to; and the number of beds for
treating burns was reduced from 140 to 35. As the burns reconstructive surgery
ward was transferred to the first ward of Child trauma and orthopedics ward,
operations of the Child trauma and orthopedics ward stopped completely.
And therefore, it has been concluded that all these inadequacies violated
the “citizen’s right to the protection of health and medical care” provided in
paragraph 6 of Article 16 of the Constitution of Mongolia17.
16
Conclusion No. 5-66/562 of the state inspector of the capital city specialized inspection
department dated 16 February 2004, Conclusion No. 05-262/9604, dated 08 November 2006,
Conclusion No. 07-11/266, dated 07 July 2009, Conclusion No. 07-394/04, dated 07 January
2010, Conclusion No. 06-298/391, dated 19 February 2010, Conclusion No. 06-237/661, dated
19 April 2011, Conclusion No. 02-07-094/1999, dated 27 November 2015, and Conclusion No.
02-07-094/1999, dated 27 November 2011.
17
Requirement No.1/43, issued by the Commissioner of NHRCM to the Prime Minister of
Mongolia on December 8, 2021
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Case 6.11
... Due to a lack of rooms, inpatients in serious conditions are admitted as per bed
capacity; it is impossible to render medical care and services to everyone who needs
help; families of local inpatients and unattended young children (non-patients)
of inpatients should not be kept with the inpatients in the hospital; inpatients
who need rehabilitation treatment go to ambulatory; because it is impossible to do
reconstructive surgery and the bandaging is done in the same room, there were
several cases where not only patients, but also physicians, healthcare officers, their
family members contracted infections; in case inpatients in serious conditions occupy
beds for a longer period, bed utilization rate slows down, and those who need to be
hospitalized are treated at home or at the ambulatory…
(From an interview held with a healthcare officer)
Although healthcare services should be equally accessible to everyone without

discrimination, 50 percent of 16 organizations, involved in the monitoring and
evaluation, had not created a friendly and favorable environment for persons
with disabilities to meet their basic needs.
The environment, attitude, behavior, and communication of physicians and
healthcare officers are important for persons with disabilities when they get
any services. UN Convention on the Rights of Persons with Disabilities, Law on
Human Rights of Persons with Disabilities, national standard “Space and setting
standard for persons with disabilities in civil structure. General requirements.
MNS 6055:2009”, and construction norms and rules for premises, apartments
and service areas oblige every entity and organization to facilitate accessible
and favorable environment for the persons with disabilities to work, live, and
to get services.
Exterior spaces and settings of healthcare organizations, involved in the
monitoring and evaluation, had been checked against the national standard
MNS 6055:200918, and 90 percent of healthcare organizations do not fully
meet the standard requirements. For instance, it was common that there
weren’t any ramps at each entrance and exit of hospital buildings, and if there
were they didn’t meet the requirements; there weren’t any tactile for blind
persons; doors of buildings didn’t open wide as required by the standards;
stairs, doorsteps and curbs were too high. Of healthcare organizations, involved
in the monitoring and evaluation, 3 general hospitals, 3 maternity hospitals and
the National Center for Maternal and Child Health facilitated at each main gate
and emergency section the conditions for persons with disabilities to travel
without any obstacles.
18
National standard of Mongolia, “Space and setting standard for persons with disabilities
in civil structure. MNS 6055:2009” <https://estandard.gov.mn/standard/reader/2837#0-
gozatudvdqiqpjui.jpg>
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Case 6.12
... We try to examine persons with disabilities wherever possible, if necessary, in the
car or in the khoroo building without sending them to the upper floor.
(From an interview held with a family doctor)
Of 9 health centers monitored and evaluated, 7 centers had no parking lots.

Two centers that had parking lots had not placed any signs for persons with
disabilities on the lot. As for general and maternity hospitals, parking space is
relatively accessible, however normal clients park their vehicles on 1-2 lots for
persons with disabilities.
No conditions had been created for persons with disabilities to make
independent decisions concerning health matters, to receive information, to
get the privacy kept and protected; and for physicians and healthcare officers
to communicate with persons with hearing and speech impairment.
Case 6.13
... We communicate with persons with disabilities through signs or writing if

necessary. Usually they come with their guardians, through whom we get and
give information. If the patient comes alone, we’ll communicate in any way. They,
however, happen to have no serious problems...
(From the interview held with family doctors of all family health centers,
involved in the monitoring and evaluation)
In terms of human rights aspects, it is important that personal health

information and data of the client should not be disclosed, and the health-
related secrets should only remain kept between the physician and the client.
As stated in the Law on Personal Secrecy19, secrecy of health should refer to
the information on physical or organ defects of the individual, and information
on illness except for certain infectious diseases that would be harmful to the
public, and it is forbidden to give such information to others without consent
of the client. As for healthcare organizations, involved in the monitoring and
evaluation, there was no case of disclosure of personal data related to health
conditions of the person, however the risk of personal data leak is high.
19
Law on Personal Secrecy, 1995. <https://legalinfo.mn/mn/detail/537>
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IN MONGOLIA
Case 6.14
... If it is necessary for keeping the identity and secrets of our clients we use
a vacant room, or ask the other physicians and clients to leave the room when
informing the clients on their health conditions and appropriate treatment solutions.
A lot of clients, including a pregnant woman with syphilis, or a woman exposed to
the violations, are likely to get hit hard by health-concerned matters.
(From an interview held with a physician of a family health center)
Family health centers installed CCTVs in places except for physician’s

examination room; general and maternity hospitals installed cameras in some
treatment rooms, surgery wards and indoor areas, and because of internal
migration within the hospitals, temporary movement of some wards, or
installment of additional beds in some rooms and wards due to establishment
of “red zones” to provide treatment for covid-patients for over a year, some
inpatient rooms and wards have CCTVs. Depending on the camera and server
capacity, video records could be stored for a period of 5 hours or up to 42
days.
Of 16 healthcare organizations, involved in the monitoring and evaluation,
those except one had no particular regulations and procedures on how to
use video records; and monitoring screens of CCTVs in family health centers
were installed in the directors’ or physicians’ rooms, creating risky conditions
where personal data could be lost or the video records could be used for other
purposes.
Funds of healthcare organizations and health insurance
In the framework of the objective of introducing performance-based
financing modalities to the health sector, ensuring semi-independence of
hospitals and shifting them into a ‘single purchaser model”, stated in the
“Mongolia’s five-year development guidelines”20, State Great Khural of
Mongolia made amendments to the Law on Health, Law on Medical care
and services, and the Law on Health Insurance on August 28, 2020, and these
legislations came into effect on January 1, 2021. Under these modifications, the
current system for financing buildings and beds of state hospitals should be
removed; client-oriented performance-based financing scheme that considered
the physician’s workload, illness conditions, and patient’s needs and demands
would be adopted; and new payroll and incentives mechanism based on
workload and performance of physicians and healthcare officers of state-
owned hospitals would be introduced.
20
Annex 1 to Resolution No.23 “Mongolia’s five-year development guidelines for 2021-2025”,
adopted by the State Great Khural in 2020 <https://legalinfo.mn/mn/detail/15584>
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The process of shifting to the performance-based system for the purpose

of improving the quality and access to healthcare services, and ensuring the
right of citizens to health protection, results in deficiency in funds, delay in
some services, shortages in supply of medicine and medical equipment, and
increase in financial burden on the shoulders of citizens.
Even though performance-based financing had begun, healthcare
organizations, involved in the monitoring and evaluation, criticized the
disharmony between systems or organizations in charge of the matter, and
uncertainty caused by knowledge and attitude of officers and officials in the
financing phases.
Case 6.15
... Since the hospital shifted to an insurance system, and started to get financing
based on performance, the debt accounted for more than 900 million tugrugs.
Insurance inspectors at the General Authority of Health Insurance are bureaucratic,
they frustrate and pressure physicians and healthcare officers by saying that they
won’t allow financing. They call our cellphones evenings after work-hours, and don’t
receive or check patients’ medical history when we submit. Then they would call us,
telling us the medical history was missing, but when we arrive whenever they call,
the materials and documents would be on their desks or among the medical history
of patients of other hospitals. They scold and insult us, and when we say something,
they harass us by saying that our funds would be cut.
(From an interview held with statistical and insurance officers)
Depending on healthcare service provision level, scope of service, affiliating

population, and characteristics of healthcare service types, funding of family
health centers are affected more as compared to other healthcare organizations,
involved in the monitoring and analysis.
Primary healthcare service is funded through a hybrid scheme, and their
basic operations are financed on the basis of “per patient tariff”, where
payment is set up differently on the basis of adjustments made as per age
group and living conditions of persons, registered in the bagh or khoroo.
However, primary healthcare service fund is insufficient and operations are
delayed due to population migration, affiliation and inflation rate growth.
RIGHTS AND FREEDOMS
IN MONGOLIA
Case 6.16
... Our center is funded per 16,800-patient, but in reality, the center serves 17,200
registered residents, plus, 6,000-7,000 temporary residents, totaling 23,000-24,000
persons. To make ends meet using the fund, additional pay, allowance and support
for healthcare officers are held back...
...We serve about 40 thousand people, as people migrate more into new apartments.
Especially people, who are not registered at their khoroos because of delayed issuance
of property registration certificates, come to the family health center for service.
Also there are many renters and temporary residents. We provide necessary service
to everyone, which increases our workload. If family health centers are financed on
the basis of actual patients serviced, the number of staff could be increased...
(From an interview held with officers of a family health center)
The legal framework had become effective, enabling people, who

continuously paid health insurance for the last 4 years, to get medical care
and services as healthcare organizations shifted to a new funding system, but
people are not fully aware of it. About 58.7 percent of inpatients and 77.5
percent of outpatients of general hospitals, and 63.5 percent of clients of family
health centers, involved in the monitoring and evaluation pay health insurance
premiums. On the contrary, 41.3 percent of inpatients and 22.5 percent of
outpatients of general hospitals responded that their health insurance is paid
by the state, whilst 18 percent of clients of family health centers replied that
they don’t pay health insurance premiums.
Figure 6.9 Payment of health insurance premium
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Figure 6.10 Whether patients could make use of health insurance
To the question, of whether insurance payers could make use of health

insurance fully, about 65-72 percent of persons or one out of every 3 customers,
who pay health insurance, responded that they could not fully use the healthcare
services and other benefits that are provided by the health insurance. It is
because, on one hand, people are not aware of healthcare services that are
provided by health insurance, and on the other hand, they are not aware of the
actual amount of expense and cost of healthcare services, provided to them.
Thus, it is important to improve the health literacy of citizens, and to provide
information and data to citizens about costs and expenses of treatments and
services provided by healthcare organizations to citizens.
Due to the outbreak of the Covid-19 pandemic, Mongolia faced escalating
challenges that could affect sustainable development, and the Government
had to prioritize financial resources21 for taking responsive health and socio-
economic actions, which led to drastic cut-off of development funding. It
had conditioned the improvement of capacity of health sector in emergency
situations.
The “Health Financing Strategy”, issued by the Western Pacific Regional
Office of the World Health Organization, recommended for Member States
to allocate 10-12 percent of the national budget or 5.6 percent of GDP to
the health sector22. As for Mongolia, it accounts for 50 percent, which is the
lowest indicator.
21
Funding invested to ensure human rights and social protection during crisis paves solid
foundation for economic recovery and helps to overcome challenges in sustainable development.
For instance, the multiplying effect of the investment made into social protection policy equals
to one percent of GDP could be 0.7-1.9, according to surveys on 8 nations. Development
Gateway 2021, Investment into social protection, its impact on the economic growth.
22
Resolution No. 24, issued by the Government of Mongolia on January 18, 2017
<https://www.moh.gov.mn/uploads/files/2a51595fe8913dec40820af921a0c4f6fada03a3.
pdf>
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Claim and complaint redressal

In the framework of fulfilling the common obligations stated in Article 7 of
the Law on Resolving Petitions and Complaints of Citizens to State Organizations
and Public Officials, complaints, claims and petitions of citizens are received in
writing, via phone, online, in person or through “Government public relations
11-11 center” of the Cabinet Secretariat in order to ensure the right of citizens
to file complaints and petitions.
As of the 3rd quarter of 202123, of a total of incremental 8,941 claims and
complaints, filed by citizens in relation to operations of health organizations,
8,676 had been resolved, 5 had been overdue, 6 had been transferred to
other organizations, and 160 complaints and claims of which legal period for
resolution was not due. About 97 percent of claims and complaints had been
resolved.
As per contents, 2,143 or 23.9 percent of total complaints and claims
requested, opinions and request for information on coronavirus infection,
whereas 20.7 percent related to quality and accessibility of healthcare services
and treatment, 4.4 percent to professional skills, communications, attitude,
and ethics of physicians and healthcare officers, 8.7 percent to request for
treatment fee and financial aid, 4.1 percent to social problems of healthcare
officers, 19.7 percent to expression of gratitude, 18.2 percent to other matters.
Contents of complaints and reports suggest that it is important to attach
attention to quality and accessibility of healthcare services, since complaints
concerning thereof made up second largest share of all complaints.
23
A brief report on resolution of claims, petitions and complaints, filed by citizens to the
Ministry of Health as of Q3, 2021, Website of the Ministry of Health, <https://moh.gov.mn/
uploads/userfiles/files/2021>
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Figure 6.11 Complaints and claims, by contents
Complaints related to professional expertise, communications, attitude and

ethics of physicians and healthcare officers, involved in the monitoring and
evaluation, are resolved by the meeting of quality assurance department, or by
the meeting of all employees of wards or units, if necessary by the meeting
of ethics committee or by the health department in absence of ethics team or
committee.
To the question of whether the clients had filed complaints concerning
the quality and accessibility of healthcare services, physicians and healthcare
officers, 9.1 percent of inpatients and 3.3 percent of outpatients of general
hospitals and 4.9 percent of clients of family health centers had lodged claims
and complaints related to physicians and healthcare officers. Of physicians and
healthcare officers, 2.3 percent had filed complaints and claims against clients,
whilst 78.3 percent had not.
About 5.4 percent of physicians at family health centers had filed complaints
and claims against clients which are higher than those of general and maternity
hospitals.
RIGHTS AND FREEDOMS
IN MONGOLIA
Case 6.17
... There are cases where a client comes in and insults us. Physicians are instructed
to listen to the client, to be tolerant, and to calm down the client, but there
is no system for ensuring the safety of physicians and healthcare officers. If a
physician or a healthcare officer files a complaint, then it would somehow end up
as the physician’s or the officer’s fault, so we don’t file any complaints. Legislations
effective in the health sector are in favor of clients, and there are no regulations to
protect the physician...
(From an interview held with physicians at a family health center)

... It is impossible for healthcare officers to lodge and get resolved any complaints
about clients’ behavior and illegal demands, because the process is tiresome and
time-consuming, and requires evidence and therefore we don’t file complaints...
(From an interview held with physicians)
According to the analysis and review of the receipt and redressal by 16

healthcare organizations involved in the monitoring and evaluation of the claims
and complaints filed by citizens, complaints lodged by citizens concerning
communications, attitude and ethics of physicians and healthcare officers,
service quality and accessibility take up average 0.5-1.25 percent, and 95 percent
of these complaints had been resolved. For instance, 6.2 percent of inpatients
replied that they haven’t received any reply, 1.2 percent answered that their
complaints had been left unresolved, and 81.5 percent responded that their
complaints had been resolved when they were asked if their complaints and
claims had been resolved. As per outpatients, however, the results are opposite
or 48 percent of outpatients replied they had not heard anything back, and
18 percent said their complaints had not been resolved. It implies that it is
common not to give feedback to the outpatients concerning the complaints.
Figure 6.12 If you ever filed a complaint, how had it been resolved?
NATIONAL
HUMAN RIGHTS
COMMISSION OF
MONGOLIA
Although complaints about the quality and accessibility of treatment and

healthcare services are forwarded to and the clients are connected to relevant
wards, units or departments, or physicians and healthcare officers, it was not
clear whether those complaints were resolved, and how they were resolved;
complaints were usually closed with notes such as “settled”, “reconciled”,
“apologized”, etc., and no feedbacks were given to the complainants; and it
was ambiguous whether any measures were taken to make sure no incident
was repeated and whether such measures were effective.
According to the monitoring, one out of every two outpatients, who filed
complaints while getting ambulatory services, replied that their complaints
about physicians, healthcare officers, service quality and accessibility could
not get resolved. The number of complaints filed by physicians and healthcare
officers is low, or 2.3 percent of them lodged complaints and claims about
clients. it is mainly because of inadequate legal framework (78.3 percent), lack
of knowledge to where to refer the complaints about clients even if they want
to (19.4 percent), and the process of complaint is tiresome, time-consuming,
and requires evidences, therefore physicians and healthcare officers don’t file
complaints.
6.4 Some issues concerning mental health

One out of every four persons in the world is affected by mental disorder
at some point in their lives, and 5 out of 10 illnesses that lead to disability are
mental disorders. WHO predicts that the number of mental disorders is likely
to increase worldwide. According to WHO analysis, mental, neurological and
behavioral disorders had been diagnosed among 27 percent of the population
of developed countries in the Western Pacific Region, and among 15 percent
of the population of developing countries. In Mongolia, persons with mental
disorders take up 15 percent of persons who lost their ability to work, and
a total recorded persons with mental and behavioral disorders account for
20,74324. In 1991, the United Nations adopted the “Principles for the protection
of persons with mental illness and the improvement of mental health care”25,
and in 2017, the UN Subcommittee on Prevention of Torture recommended
participating states to ratify legislation that protects the right of patients, and
reflects provisions that regulate specific cases where treatment should not be
done without the consent of the patient.26
24
Development program for mental health sector (2020-2024), Ministry of Health, National
center for Mental Health
25
“Principles for the protection of persons with mental illness and the improvement of mental
health care”, adopted by the UN General Assembly under the resolution No. 46/119 on
December 17, 1991.
26
Visit of the Subcommittee on Prevention of Torture to Mongolia during September 11-20,
2017: Observations and recommendations for participating states (Subcommittee report,
Recommendation No. 121)
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IN MONGOLIA
According to the nationwide survey among Mongolian children in 2019,

jointly conducted by the National Center for Mental Health, the United Nations
Children’s Fund, and the Ministry of Mongolia, mental health of 60.5 percent
of teenagers was normal, 30.5 percent had serious mental issues, and 9 percent
had emotional and behavioral disorders27.
The State Great Khural of Mongolia ratified the Law on Mental Health in
2000, and revised it in 2013. Legislations and programs including, the Law on
Anti-Alcoholism, Law on the Control of Drugs and Psychotropic Substances,
Law on Administrative Enforcement of Compulsory Treatment of Alcoholics
and Drug Addicts, Law on Tobacco Control, National Mental Health Program 1
(2002-2007), adopted by the Government of Mongolia28, and National Mental
Health Program 2 (2010-2019), approved under the Resolution No.303, issued
by the Government of Mongolia in 2009 had been implemented.
In the framework of ensuring and accelerating the enforcement of the
Law on Mental Health, and making mental healthcare and services equally
accessible, some measures are being implemented in accordance with the
decrees, issued by the Minister of Health. For instance, under the Decree No.
180 “On provision of mental healthcare and services”, issued by the Minister of
Health on May 30, 2014, a procedure for treatment and care for persons with
mental disorder and monitoring thereof; a composition and working procedure
of a commission in charge of examining mental disorders; a list of mental
disorders that need forced treatment; a list of restraint seclusion methods to be
applied to patients who are likely to cause imminent harm to the community,
and the procedures of their application had been adopted respectively. Totally
27 mental health standards are being enforced nationwide29.
Mongolia adopts a hospitalization-based mental health promotion structure30,
whereas other countries aim to provide community-based mental healthcare
services. Since community-based services are useful for the early detection and
treatment of mental health issues, and for socialization of persons who got
treated31, those countries implement comprehensive mental health programs
comprising multilateral social services targeting different social groups such as
children, teenagers, adults and elderly people.
For the purpose of improving the conditions, operations, quality and
accessibility of healthcare services of the National Center for Mental Health
for the last 5 years, the Government invested 1.2 billion tugrugs in 2018-2020,
picking up the center’s premises and equipment.
27
UNICEF (2013, 2018, 2019). Emotional and behavioral survey on children and teenagers.
28
Government Resolution No. 59, dated April 3, 2002
29
Monitoring and evaluation on “Accessibility of Mental healthcare services” included in the
“National Mental Health Program 2” (2010-2019)
30
Visit of the Subcommittee on Prevention of Torture to Mongolia during September 11-20, 2017:
Recommendations for participating states.
31
Website of the Singaporean Mental Health Center
<https://www.imh.com.sg/uploadedFiles/Publications/IMH%20National%20Mental%20
Health%20Blueprint.pdf>
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HUMAN RIGHTS
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As a specialized healthcare organization, National Center for Mental Health

plays a leading role in the determination of state policy on mental health, and in
the development of diagnostics, treatment, training and scientific research on
mental disorders. Especially, it is responsible for the introduction of a method
for early diagnosis of autism; the inclusion of new drugs and psychotropic
substances into the Mongolian Registration of Medicines, exclusion from
the Registration of drugs and medicines that have strong side effects; and
operation of 24/7 mental health hotline.
As of 2021, National Center for Mental Health operates with 525 beds, of
which more than 200 beds are for nursing clinic that provides nursing care and
services.
It might be more effective if a nursing center is established by the state
to accommodate, treat, take care of and provide nursing services to persons
with mental disorders, who have no capability of living independently, who
have no caretaker or guardian, or who had been rejected by their guardians
and caretakers due to high risk of such persons causing harm to their own and
others’ health and life, and to the community.
In order to prevent violation of the right of persons with mental disorders,
and to improve conditions for them to enjoy their right, the NHRCM conducted
several monitoring and inspection on the exercise of the right of inpatients and
patients in the National Center for Mental Health in 2007 and 2015, forwarded
Human Rights Commissioners’ requirements to relevant organizations for
taking necessary measures, and reflected these matters in the 11th and 15th
status reports on human rights and freedoms in Mongolia. Regarding this
matter, directions had been given to the Government of Mongolia, including
“To take immediate measures to establish a nursing facilities for persons with
mental disorders”, stated in the 10th of Resolution No. 02 “On discussion of the
11th status report on human rights and freedoms in Mongolia”, issued by the
Standing Committee of the State Great Khural on January 16, 2013; “To review
and resolve funding for the establishment of specialized nursing facilities for
persons with mental disorders”, specified in Article 1.3 and “To provide special
devices, specific treatment tools, equipment, and additional supportive tools, to
improve treatment and healthcare environment and conditions, and to resolve
funding resources” in Article 1.4 of the resolution No.10 “On some measures
to be taken in relation to the discussion of the 15th status report on human
rights and freedoms in Mongolia”, issued by the Standing Committee on Legal
Affairs of the State Great Khural on November 16, 2016.
In connection with the establishment of the above-mentioned center,
the Government produced a plan for revising the legal framework in 2017,
approving the construction design and progressing the construction work up
to 50 percent in 2018, and beginning the state commissioning process and
operating the building in 2019, however there is no particular progress as of
RIGHTS AND FREEDOMS
IN MONGOLIA
today except the formation of a joint working group by the Ministry of Health
and the Ministry of Social Protection and Labor.
In 2021, NHRCM conducted monitoring and inspection on the impact of the
state policy on mental health on the operations and activities of the National
Center for Mental Health; the right to the protection of health and medical
care, the right to personal liberty and safety; personal liberty of patients
including the freedom from torture or cruel, inhuman or degrading treatment
or punishment; participation of patients in social life, their communications;
activities to support their normal living; the right of patients to get legal aid
and assistance; and the right to submit claims and complaints to the central
authority or other state organizations.
It has been concluded as result of the monitoring and inspection that the
right of inpatients and outpatients of the National Center for Mental Health to
get the optimal mental treatment and healthcare services; the right to be treated
as human and respected with dignity; the freedom from any discrimination,
economic, sexual and other exploitations, and physical abuse; and the right to
be protected from inhuman and cruel treatment were likely to be violated.
There have been incidents where physicians and healthcare officers at the
National Center for Mental Health ignore or treat inhumanly the psychotic
patients who have been treated and taken care of for a longer period at
the Center, and it shows that it is essential to improve the mechanism or
preventing and eliminating such infringements. Also, it is crucial to improve the
capacity to investigate and resolve complaints submitted by citizens, patients
and staff, analytical skills and resources of the unit at the National Center for
Mental Health in charge of internal audits and inspections, and create external
oversight and monitoring system.
It has been observed during the monitoring and inspection that inpatients
of the nursing clinics and psychiatric wards had little chance of going out
for a walk, spending their free time actively or getting information or visits
due to the Covid-19 pandemic. Patients could have used phones or internet
to connect with their families, but the administration of the Center was not
initiative or supportive enough.
In Mongolia, funding for the mental health sector takes up 2 percent of the
national health budget, and 64 percent of the funding is used for healthcare
services. It can be viewed that no increase in funding for mental healthcare32
could be one of the factors that affect the inadequate quality and accessibility
of mental healthcare services.
32
Independent monitoring and evaluation on the “Accessibility of mental healthcare services”
specified in the National Mental Health Program 2 (2010-2019).
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HUMAN RIGHTS
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Improvement of the existing conditions of the mental health sector is

a serious problem not only for Mongolia but also for the world countries.
Therefore, it is necessary to improve the quality and accessibility of mental
healthcare services, to ensure participation of other sectors, increase funding,
sophisticate the legal framework, and apply comprehensive solutions to mental
health problems or to revise and implement national programs using human
rights-based approaches and methods.
CONCLUSION
To sum up the evaluations made by physicians, healthcare officers and
clients on the quality and accessibility of healthcare services except those for
the Covid-19 in the last 2 years, both physicians, healthcare officers and
clients viewed that healthcare services quality, accessibility and funding had
declined, but 70 percent of them concluded that the services were continuous.
The implementation of the procedure for registering, reporting and
responding to incidents pertaining to oversight on the quality of healthcare
services is inadequate as some organizations don’t record any incidents and
faults; responsive measures taken to minimize risks are unclear; and there are
no legal provisions for imposing sanctions on the quality assurance team, in
case the team made faulty decision.
Accreditation through external monitoring of the structure, operations,
service technology and quality of the healthcare organization should be
the main measurement for oversight of the implementation of the policy
on improving the quality of healthcare services provided to citizens. Major
progress was made in improving the quality and accessibility of operations
and healthcare services of healthcare organizations as Mongolia revised the
accreditation requirements for healthcare organization in 2019-2020, however
due to too high accreditation standards and assessment indicators, there are
few organizations that could meet such criteria, and it is doubtful whether
accreditation processes are actually made.
In connection with the shift of healthcare organizations to a performance-
based funding system, benefits from health insurance had increased, but the
citizens are less aware of it. It has been observed that healthcare organizations,
which transferred performance-based systems, tend to focus on high-tariff
services and to attract many customers irrespective of their human resources
and equipment in order to raise funds.
Physicians and healthcare officers with knowledge, skills and sense of human
rights play important roles in the provision of accessible healthcare services
to everyone equally without discrimination. Physicians and healthcare officers
of healthcare organizations, involved in the monitoring and evaluation, are
enrolled relatively well in in-service practice, training and professional training,
however they haven’t been enrolled in training on ethics and human rights.
RIGHTS AND FREEDOMS
IN MONGOLIA
It is important to conduct a detailed surveys on medical equipment and

tools essential for healthcare organizations. Especially, to-date equipment and
tools, special devices and medical equipment necessary for providing healthcare
services to persons with disabilities and elderly people are insufficient in local
and family health centers.
Due to the insufficient capacity of buildings of family health centers in
remote or densely populated districts and khoroos, and inadequate capacity of
equipment, healthcare officers had to work under increasing workload, and
they could not provide quality healthcare services to citizens. Therefore, it is
crucial to building additional family health centers in highly-populated khoroo
areas.
The provision of maternity hospitals, general hospitals and family health
centers, operating in non-standard buildings with hospital buildings that meet
the international standard requirements is still a pressing matter now. Also, no
environment has been created for persons with disabilities to get healthcare
services independently, and to have their health-related secrets and private
data protected.
Of complaints related to operations of the health sector, 20.7 percent
were about the quality and accessibility of healthcare services. It was not
clear how the clients’ complaints were resolved, and it was common that
clients’ complaints were usually closed with notes saying that they “settled”
or “reconciled” with physicians and healthcare officers, and/or physicians and
healthcare officers “apologized”.
Burns Hospital, a specialized healthcare organization that treats and
conducts reconstructive plastic surgery nationwide on post-burn and frostbite
scars, contractures, skin and soft tissue infections caused by injuries, infections
and all other reasons, large wounds, and abrasion and bed-sores, has been
operating for 10 years without its own building.
Requirements made by the NHRCM Commissioner on mental health issues
in 2007 and 2015, and Resolutions No.02 and No.10, issued by the Standing
Committee on Legal Affairs of the State Great Khural in 2013 and 2016 on
immediate resolution of the matter concerning the establishment of nursing
center for persons with mental disorders had not been realized until today.
NATIONAL
HUMAN RIGHTS
COMMISSION OF
MONGOLIA
PROPOSALS BY THE NATIONAL HUMAN RIGHTS COMMISSION OF

MONGOLIA SUBMITTED TO THE STATE GREAT KHURAL FOR DECISIONS
Lessons on human rights and freedoms learned from Covid-19:

1. Review and improve the harmonization and coordination of organizations
responsible for surveillance and prevention of highly contagious disease;
and preparation, decision-making and execution of measures in response
to public health disasters based on lessons learned from Covid-19
pandemic;
2. Incorporate in the “Action plan for prevention and rescue of people,
property and animals from disaster; removal of harms and restoration
without delay”, approved by the Government Resolution No.416 in
2015 the policy on planning public health response not in a narrow
scope of limiting the spread of infections but in a broader scope of
protecting social groups and communities on the basis of risk assessment
and calculation of socio-economic and environmental impacts of the
situation;
On the representation of women in political positions, and their
participation in the decision-making process:
3. Reflect in the Law on Political Party the provisions on nominating women
to the parliamentary and citizens’ representative councils’ election,
retaining seats, increasing women’s participation in all levels of the
organizational structure of the party, and conducting gender audits on
operations of political parties;
4. Incorporate in the Law on Political Party the provision that particular
share of election expenses should be funded from the state budget,
and such funding should be directed towards ensuring gender equality,
for instance, increasing the amount of funds in line with the number
of women nominees to the election and using particular amount for
supporting women nominees;
On the implementation of the Law on the Promotion of Gender Equality
by the Offices of Governors of some aimags:
5. Prepare policies and plans using gender-sensitive statistical data, and
harmonize such data with the implementation of programs of the social
sector and policy documents of aimags to get actual results;
6. Specifically incorporate in the local budget and approve every year the
budget and funding necessary for the implementation of the Law on
the Promotion of Gender Equality;
328
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IN MONGOLIA
On issues of harassment and violence in the world of work:

7. Create a legal framework for protecting and providing psychological
and necessary administrative support for victims and the third party
subjected to harassment, violence, and sexual harassment in the world
of work;
8. Add to the Law on Infringement and the Criminal Code the provisions on
sanctions and liabilities to be imposed on perpetrators, who committed
harassment, violence and sexual harassment in the world of work;
9. Organize regularly a wide range of activities to promote, introduce and
raise awareness on legislation that prohibit sexual harassment in the
world of work, provide professional and methodological consultancy,
and improve the leadership skills of supervisors.
On child labor:
10. Create a system for monitoring the evaluation criteria and implementation
of the policy on elimination of the worst forms of child labor, and
provide necessary funding;
11. Add regulations to prohibit any actions or inactions that get children
to work in situations other than those accepted by the law or make
children to be in “debt bondage and serfdom”, and to impose liabilities
on parents, guardians and employers, who dropped jockey kids out of
schools under the Criminal Code and the Law on Infringement;
12. Include “intermediated for prostitution” in the section “Induced a person
under the age of 18 to engage in prostitution when committing the
crime…” of the explanatory note of Article 12.6 of the Criminal Code;
to add “used or engaged an underage person when committing the
crime” to the aggravating circumstances for the crime of illegal use
of narcotic drug and psychotropic substances of Article 20.7 of the
Criminal Code; to incorporate “working hour limit for minors aged 13-
15” and “on prohibition of working confined in the employer’s place
without reasonable excuse” to Article 84 of the revised Labor Code; to
add “a child subjected to the worst form of labor” to the term “a child
in a risky circumstances” Article 4.1 of the Law on Child Protection; and
to include “It is prohibited to engage persons under the age of 18 to the
military deployment during war circumstance” to the Article 26 of Law
on State of War respectively;
13. Include in the aggravating component of crime the action of “forced
labor of underage person” stated in Article 13.13 of the Criminal Code,
tighten the sanctions to be imposed in case an underage person is
engaged in labor, and remove “deliberately” from paragraph 1 of Article
16.10 “Deliberately forcing a child to prohibited labor that poses danger,
and causing damage to children’s health, physique, and mind…”;
329
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14. Prohibit by law the child engagement in horse racing, training and any
tasks related to horse during winter time, and create a legal framework
for monitoring;
15. Amend relevant standards to improve personal protective equipment
for child jockeys, and reflect in the National Naadam Festival horse
racing rule and Mongolian horse racing rule the criteria that require child
jockeys to reach the finish line with complete protective equipment;
On the freedom from domestic violence:
16. Prepare the inter-connected mapping of victim protection structure and
the system, created under the Law on Combatting Domestic Violence
and the Law on Child Protection; eradicate duplicity of functions
among organizations, ensure their harmonization and provide necessary
funding;
17. Improve the capacity of the joint response team, provide professional
and methodological coordination, oblige the state central administrative
body in charge of child and family matters to monitor, employ in soums
and baghs the social workers specialized in child and family matters, or
transfer the social workers to the state central administrative body in
charge of child and family matters;
18. Influence the behavior of perpetrators, start voluntary programs
effectively, and to have these actions executed by non-governmental
organizations on contractual basis;
19. Approve the standard for one-stop service centers; and operate shelters
and one-stop service centers as per their designated purposes established
by law;
Analysis of the use of force between military servicemen:

20. Reflect in the Law on Military Service and the Law on the Legal status of
the Military Servicemen the provision prohibiting torture and inhuman
treatment;
21. Introduce to border protection the equipment and technological
solutions within a short period, and create a legal environment enabling
professional and contracted military servicemen to protect borders;
22. Establish an integrated system for recording crimes and breaches
committed in the state military organization, and increase the
effectiveness of prevention from the use of force by and between
military servicemen;
23. Enhance the system and the policy for training and re-training
professional military servicemen;
330
RIGHTS AND FREEDOMS
IN MONGOLIA
24. Get funding necessary for improving the accessibility of psychological

care and services to military servicemen;
On quality and accessibility of healthcare services:
25. Carry out a detailed survey on medical equipment and tools of
healthcare organizations, and implement renovation measures phase
by phase;
26. Establish and expand family health centers to provide primary healthcare
services in the territory of khoroos and stationary areas that have no
such centers in order to ensure the right of citizens to the protection
of health, and to fulfill the principles that require healthcare services
to be accessible and available;
27. Creating all level healthcare organizations the accessible environment
for elderly people, persons with disabilities and parents with small
babies and children to get healthcare services without depending on
others;
28. Take comprehensive measures to improve human rights knowledge
and awareness of physicians and healthcare officers;
29. Adopt and implement the third National Mental Health Program;
30. Implement Resolutions No.02 and No.10, issued by the Standing
Committee on Legal Affairs of the State Great Khural in 2013 and 2016
on immediate resolution of the matter concerning the establishment of
nursing center for persons with mental disorders.
331
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LIST OF ACRONYMS
ADB Asian Development Bank
DP Democratic Party
USA United States of America
PRM People’s Republic of Mongolia
PRC People’s Republic of China
BGD Bayangol District
BZD Bayanzurkh District
MES Ministry of Education and Science
SCCCP Secretariat of Coordination Council for Crime Prevention
GDP Gross Domestic Product
WHO World Health Organization
UIA University of Internal Affairs
SES Secondary Education School
ЕСМО Еxtracorporeal membrane oxygenation
NCGE National Committee on Gender Equality
GO Governor’s Office
GSAF General Staff of the Armed Forces
ICCPR International Covenant on Civil and Political Rights
CRM Citizens’ Representatives’ Meeting
CWGP Civil Will Green Party
COVID Sars-Cov-2 (Severe Acute Respiratory Syndrome Coronavirus 2)
LGBT Lesbian, Gay, Bisexual, Transgender
MPP Mongolian People’s Party
SGPOM State General Prosecutor’s Office of Mongolia
MNDP Mongolian National Democratic Party
GASI General Agency for Specialized Inspection
MNB Mongolian National Public Radio and Television
MWF Mongolian Women’s Federation
CCGO Capital City Governor’s Office
UN United Nations
UNDP United Nations Development Program
OSSC One-Stop Service Center
PCR Polymerase Chain Reaction
SBD Sukhbaatar District
SKhD Songinokhairkhan District
MC Ministers’ Council
NEMA National Emergency Management Agency
RF Russian Federation
NCMH National Center for Mental Health
332
RIGHTS AND FREEDOMS
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MoF Ministry of Finance

IOM International Organization for Migration
IMF International Monetary Fund
NGO Non-Governmental Organization
SOJV State-Owned Joint Venture
SGKh State Great Khural
SEC State Emergency Commission
NAO National Audit Office
NSC National Security Council
MNDU Mongolian National Defense University
NSO National Statistics Office
FRG Federal Republic of Germany
MLSP Ministry of Labor and Social Protection
SCLA Standing Committee on Legal Affairs
NLI National Legal Institute
MOJIA Ministry of Justice and Internal Affairs
KhUD Khan-Uul District
NCCD National Center for Communicable Disease
NLP National Labor Party
NHRC National Human Rights Commission
CITA Communications and Information Technology Authority
LLC Limited Liability Company
GABP General Authority for Border Protection
BT Border troops
MS Military Service
NPA National Police Agency
GEACD General Executive Agency of Court Decision
MOH Ministry of Health
HC Healthcare Center
ICESCR International Covenant on Economic, Social and Cultural Rights
UNICEF United Nations Children’s Fund
UNESCO United Nations Educational, Scientific and Cultural Organization
333

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NATIONAL

21st STATUS REPORT ON

Paper size: 176x250

Address: 5th floor, Government building 11, Independence Square,

CHAPTER ONE. Lessons of human rights and freedoms

CHAPTER TWO. Gender equality and human rights 87

CHAPTER THREE. Some issues on the right to employment 157

3.1 Introduction 159

4.1 Introduction 221

CHAPTER FIVE. Analysis on the situation of mistreatment

5.1 Introduction 252

CHAPTER SIX. Monitoring and evaluation on quality

6.1 Introduction 291

Proposals by the National Human Rights Commission

List of acronyms 332

“The fundamental purpose of state activity is the insurance of democracy,

This Chapter of the Report elaborates the following group of issues:

1.2 results of ACTIONS to protect human life and health from

Committee on Economic, Social and Cultural Rights advised the states

Table 1.1 Detailed information on the Covid-19 confirmed cases,

Duration of cyclicity Confirmed Of which: Death at

2nd wave 2021.05 2021.08 182,180 87,446 94,734 612 12

3rd wave 2021.08 2021.12 490,569 235,473 255,096 1194 46

4th wave 2022.01 2022.03 217,763 104,114 113,649 104 0

Total 940,997 451,266 489,731 2,105 75

Table 1.2 Detailed information on the Covid-19 confirmed cases, including

Total 115,288 92,218 380,231 238,322 96,078 18,860 526,560 414,437

The health sector operates in an ambiguous situation where the Covid-19

Provisions on respecting the dignity, privacy and human rights of a patient

(From a complaint No.906, lodged by a citizen to the NHRC in 2021)

(From an interview held with a physician of Sukhbaatar district,

Quality and accessibility of healthcare services are affected by weak

( From an interview held with a physician of Dornod aimag,

Table 1.3 Health expenditure during the Covid-19 pandemic

(From an interview held with a physician of the NCCD,

(From an interview held with a physician of Khan-Uul district,

…With my 94-year old mother, I stayed at the dormitory near Mongolia-Japan

(From an interview held with a citizen of Ulaanbaatar city,

The capacity of the nation to provide qualitative and accessible medical

current problems had not been heard or resolved.30

(From an interview held with a citizen of Bayantumen soum, Dornnod aimag,

Besides their primary duties, physicians and healthcare officers had to

resulting in mental breakdown such as feeling upset, anxious and depressed;

...Without human resources, oxygen concentrators and oxygen alone would be

(From an interview held with physicians participated in sociological survey of the

(From an interview held with a physician of the Regional Diagnostic and

As of 11 March 2022, 15,593 physicians and healthcare officers nationwide

healthcare officers, as well as 11 citizens.37 The survey findings are presented as

1. Diagnosis of coronavirus infection

Table 1.4 Covid testing among survey respondents 41

No. Testing/Diagnosis Number Percentage

...It is essential to newly introduce contingency tactics to hospital policies by

2. Treatment of coronavirus disease

According to the statistical data of the Communicable disease surveillance

(From an individual interview with a physician of Khan-Uul district,

accurately defining the response actions against the COVID-19.45

( From an individual interview with a physician of the Nalaikh district,

be more respectful and tolerant towards them.47

A lot Frequent Moderate Little None

Hospitals with physical therapy and traditional medicine departments

Physicians pointed out the importance of rehabilitation therapy for people

1.3 vaccination AGAINST COVID-19 and human rights

Table 1.6. The COVID-19 Vaccination phases in Mongolia