The mission of the Legal Programme is to continue expanding legal definitions and systems to include SOGIE as protected grounds through legislative policy advocacy and legal action through public interest litigations and to enable institutional and mainstreamed application of non-discrimination in all spheres of public and private life in Mongolia. Till present, most of the Legal Programme’s efforts have been geared towards implementing the international obligations in the legislative frameworks of Mongolia. Despite the Centre’s success of obtaining SOGIE recommendations from various bodies, the challenge has been that the Government often put the LGBTI issues on the backburner.
The work with relevant ministries and agencies in charge of human rights and legal issues has been geared towards pursuing formalisation of cooperation between the Centre and the agencies in order to instrumentalise Mongolia’s international obligations under various bodies. The comprehensive recommendations obtained from the UPR (2010 and 2015), CAT (2010 and 2016), CCPR (2011 and 2017), CESCR (2015), CEDAW (2016) and CRC (2017) were pursued to be implemented through a Memorandum of Understanding; however, this did not culminate in success. Instead, presently, the Centre is pursuing formalisation and detailed plan of action through the newly established inter-ministerial body in charge of coordinating the implementation of international bodies’ recommendations (UPR and treaty bodies).
With the passing of the new Criminal Code in December 2015 that made discrimination on the ground of, inter alia, sexual orientation and gender identity a crime, and its coming into force on 1 July 2017, the majority of the Legal Programme programme activities are geared towards building the institutional capacities of relevant public bodies to implement the new Criminal Code.
The Legal Programme strategy and activities:
- To provide individual legal counselling and assistance to LGBTI community members and their families in cases of discrimination and hate crimes;
- To conduct various studies, where relevant, to assess and finetune programmatic activities;
- To enable effective and accessible equal protections for LGBTI people at all levels by conducting evidence-based advocacy for broad-based anti-discrimination legislation that operationalizes Article 14 of the Constitution prohibiting discrimination, with the addition of sexual orientation and gender identity as protected grounds.
- To build the capacity of civil service, especially law enforcement civil servants, to serve the LGBTI populations sensitively.
- To include LGBTI human rights concerns in the curriculum of relevant law and law enforcement tertiary education institutions (such as the Law Enforcement University, various Law Schools with other universities, etc.)
- To expand the present protections through judicial review and public interest litigation (a petition with the Constitutional Court, immigration equality case, etc.)