The UN Human Rights Committee held its 3380th and 3381st sessions on 6 and 7 July 2017 to engage the Government of Mongolia in a constructive dialogue on improving the human rights situation as per Mongolia’s obligations under the International Covenant on Civil and Political Rights and issued the Concluding observations on 24 July 2017. The LGBT Centre submitted a chapter on LGBTI situation in the joint Human Rights NGOs’ Forum’s submission to the Human Rights Committee to draw the attention of both the Government of Mongolia and the Human Rights Committee to the situation of LGBTI people in Mongolia and participated in the informal lunch briefing with the committee experts via Skype. Here are relevant non-discrimination-related recommendations.
Equality and non-discrimination
9. While noting the adoption of the strategy and action plan on the implementation of the Law on the Promotion of Gender Equality, the Committee remains concerned about low representation of women in the public and private sectors, especially in senior managerial positions. The Committee welcomes the inclusion of a provision prohibiting any act of discrimination based on nationality, occupation, religious belief, opinion, education, sexual orientation, gender identity or health conditions, in the new Criminal Code. It is nevertheless concerned about the absence of other prohibited grounds of discrimination stipulated in the Covenant. Moreover, it remains concerned about the lack of comprehensive anti-discrimination legislation and the insufficiency of measures taken to address discriminatory practices (arts. 2, 3 and 26).
10. The State party should strengthen its efforts to increase representation of women in the public and private sectors, especially in senior managerial positions. It should also ensure that all the prohibited grounds of discrimination stipulated in article 26 of the Covenant are adequately reflected in its legislation. Furthermore, the State party should adopt comprehensive anti-discrimination legislation that addresses discrimination in both the public and private spheres, including direct and indirect discrimination, and that provides effective remedies in judicial and administrative proceedings.
Discrimination on the grounds of sexual orientation and gender identity
11. The Committee is concerned about reports of violence, harassment and attacks against lesbian, gay, bisexual, transgender and intersex persons, about the failure of the State party to investigate, prosecute and punish such attacks, thus contributing to a culture of impunity and about the prevalence of prejudices and discrimination based on sexual orientation and gender identity. The Committee is also concerned about notable obstacles to the exercise of freedom of assembly by persons belonging to the lesbian, gay, bisexual, transgender and intersex community, which further exacerbates their vulnerable status in Mongolian society. The Committee also regrets the absence of legal recognition and protection of same-sex couples (arts. 2, 6, 7, 19, 21, 22 and 26).
12. The State party should intensify its efforts to combat stereotypes and prejudices against lesbian, gay, bisexual, transgender and intersex persons, and ensure that acts of discrimination and violence directed against them are investigated, that perpetrators are prosecuted, and if convicted, punished with appropriate penalties, and that victims are provided with full reparation. The State party should also promote and guarantee freedom of expression, association and peaceful assembly for lesbian, gay, bisexual, transgender and intersex persons, and should abstain from any unjustified interference with the exercise of these rights and ensure that any restrictions imposed comply with the strict requirements of articles 19, 21 and 22 of the Covenant and are not applied in a discriminatory manner. The State party should consider legal recognition and protection of same-sex couples.
Persons with disabilities
13. The Committee is concerned about reports of discrimination against persons with disabilities in employment and education, including barriers in access to schools, inadequate textbooks, lack of specialized teachers for children with disabilities and limited access to public buildings and transportation (arts. 2, 24 and 26).
14. The State party should intensify its efforts to protect persons with disabilities from discrimination of any kind and ensure their full access to education, employment, public transportation and premises.