COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
9 OF THE CONVENTION
Concluding observations of the Committee on the
Elimination of Racial Discrimination
1. The Committee considered the eleventh to fifteenth
periodic reports of Mongolia (CERD/C/338/Add.3) at its 1327th and 1328th
meetings (CERD/C/SR.1327 and 1328), held on 16 and 17 March 1999. At
its 1332nd meeting (CERD/C/SR.1332), held on 19 March 1999, it adopted
the following concluding observations.
2. The Committee welcomes the eleventh, twelfth, thirteenth,
fourteenth and fifteenth periodic reports submitted by the Government
of Mongolia in one document and the introductory presentation made by
the delegation, as well as the opportunity thus offered to recommence
its dialogue with the State party. The Committee notes with satisfaction
that the report followed the guidelines. Nevertheless, the Committee
is of the view that the information in the report was too succinct and
that the report did not include information on specific legal provisions
or examples of the actual implementation of the Convention.
B. Factors and difficulties impeding the
implementation of the Convention
3. The Committee notes that the State party is in a period
of economical and political transition, and that the difficulties of
this transition have a great impact on the population.
C. Positive aspects
4. The Committee expresses its satisfaction at the statement
by the State party's delegation that the international conventions,
including the International Convention on the Elimination of All Forms
of Racial Discrimination, to which the State party has acceded, have
become an integral part of its domestic legislation.
5. The Committee welcomes the enactment of the State party's
Constitution (1992), which has included the prohibition of racial discrimination.
The enactment of the Law of Mongolia on the Legal Status of Foreign
Citizens (1993), which establishes equality between foreigners and Mongolian
citizens in the exercise of their rights and freedoms, is also welcomed
by the Committee.
6. The Committee welcomes the efforts of the State party
to revise its domestic legislation in accordance with its new Constitution
(1992). It also notes with satisfaction that the provisions of international
instruments on human rights to which Mongolia is a party are duly taken
into consideration in the process of legislative reform.
7. The Committee welcomes the information contained in
the report concerning the Law on Education (1995), which prohibits racial
discrimination in the field of education. Educational measures which
provide for the inclusion in the school curricula of the teaching of
human rights, including the need to combat and condemn racial discrimination,
are also welcomed by the Committee.
8. The Committee also expresses satisfaction at the efforts
undertaken by the State party to raise awareness of and promote action
against all forms of racial discrimination.
9. The Committee welcomes the State Policy on Culture
(1996), adopted by the State Great Hural of Mongolia, which provides
means to ensure the preservation, respect, enrichment and development
of the heritage, culture and traditions of ethnic groups.
10. The Committee notes with appreciation the State party's
implementation of international cooperation programmes in the field
of human rights education, in cooperation with the Office of the United
Nations High Commissioner for Human Rights.
D. Principal subjects of concern
11. While the Committee notes with appreciation the State
party's efforts in the field of legislative reform, it remains concerned
about the lack of comprehensive legislation to combat discrimination
based on race, colour, descent, or national or ethnic origin.
12. Although the Committee notes that the State party's
report includes information on the demographic composition of Mongolia,
it regrets the lack of information on the socio-economic situation of
the different ethnic minority groups living in the State party.
13. The Committee notes that the State party's Criminal
Code (art. 7) largely reflects the provision contained in article 4
(a) of the Convention. However, it remains concerned that the provisions
of article 4 (b) and (c) of the Convention are not included in the Criminal
14. Although the Committee notes that the State party's
Constitution (1992) and the Law on the Legal Status of Foreign Citizens
(1993) guarantee the rights enshrined in article 5 of the Convention,
it expresses its concern at the absence of specific legislation to prohibit
racial discrimination in the enjoyment of such rights.
15. While the Committee notes that article 19 of the State
party's Constitution (1992) establishes the State's obligation to provide
remedies in cases of human rights violations, it expresses its concern
at the lack of specific legislation for the provision of compensation,
as enshrined in article 6 of the Convention.
E. Suggestions and recommendations
16. The State party should give serious consideration
to the enactment of a comprehensive law on ethnic minorities and combat
discrimination based on race, colour, descent, or national or ethnic
origin. The Committee recommends that the State party continue providing
training programmes for law enforcement officials, in accordance with
article 7 of the Convention and General Recommendation XIII of the Committee.
17. The Committee encourages the State party to continue
exploring ways of providing specific protection to all ethnic groups
living in its territory. The Committee further recommends that the State
party include in its next report statistical data on the socio-economic
situation of the different ethnic minority groups.
18. The Committee recommends that the State party take
the necessary steps to comply fully with the provisions of article 4
of the Convention. In order to be able to evaluate the implementation
of article 4 of the Convention, the Committee also recommends that the
State party include in its next report the relevant articles of the
19. The Committee recommends that the State party review
its civil and penal legislation in order to bring it into full conformity
with the principles and provisions of the Convention, in particular
articles 5 and 6 of the Convention.
20. The Committee recommends that the State party ratify
the amendments to article 8, paragraph 6, of the Convention adopted
on 15 January 1992 at the Fourteenth Meeting of State Parties to the
21. The Committee notes that the State party has not made
the declaration provided for in article 14 of the Convention. Some members
of the Committee requested that the State party consider the possibility
of making such a declaration.
22. The Committee recommends that the State party's next
periodic report, due on 20 April 2000, be an updating report, and take
into account all the suggestions and recommendations contained in the
present concluding observations.
23. The Committee suggests to the State party that the
report and these concluding observations be widely distributed to the