In 2020, Mongolia made minimal advancement in efforts to eliminate the worst forms of child labor. The government launched the Child Protection Compact Partnership, signed between the Governments of Mongolia and the United States, to combat child labor in the country. The General Agency for Specialized Inspection also conducted three large-scale child labor and protection issue surveys. Furthermore, the government's stimulus package included a five-fold increase for the Children's Money Program—which offsets costs related to food, schooling, and clothing—to mitigate the economic impacts of the COVID-19 pandemic. However, despite new initiatives to address child labor, Mongolia is receiving an assessment of minimal advancement because it continued a regression in law that delayed advancement to eliminate child labor. During the reporting period, the government did not permit the labor inspectorate to conduct unannounced inspections, which may have impeded the enforcement of child labor laws. Children in Mongolia are subjected to the worst forms of child labor, including in forced begging and commercial sexual exploitation. Children also engage in dangerous tasks in mining and horse jockeying. Some Mongolian legal statutes do not meet international standards, including that the minimum age for work does not apply to children in the informal sector or to those who are self-employed. In addition, laws do not establish criminal penalties for forced labor or slavery, the use of children in prostitution, or the use, procurement, or offering of a child for the production and trafficking of drugs.
Children in Mongolia are subjected to the worst forms of child labor, including in forced begging and commercial sexual exploitation. Children also engage in dangerous tasks in mining and horse jockeying. (1-7) Table 1 provides key indicators on children’s work and education in Mongolia. Data on some of these indicators are not available from the sources used in this report.
|
Children |
Age |
Percent |
|---|---|---|
|
Working (% and population) |
5 to 14 |
11.4 (Unavailable) |
|
Attending School (%) |
5 to 14 |
94.8 |
|
Combining Work and School (%) |
7 to 14 |
12.6 |
|
Primary Completion Rate (%) |
107.5 |
Source for primary completion rate: Data from 2019, published by UNESCO Institute for Statistics, 2021. (8)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2018. (9)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
|
Sector/Industry |
Activity |
|---|---|
|
Agriculture |
Animal husbandry,† including herding† (2,3,5,10-12) |
|
Industry |
Construction,† including carrying and loading bricks, cement and steel framework, mixing construction solutions such as lime or cement,† binding steel framework, and cleaning at the construction site† (2,3,5,10-12) |
|
Mining† coal,† gold, and fluorspar (2,3,10,12,14-17) |
|
|
Services |
Horse jockeying† (1,3,5,6,10-12,18,19) |
|
Scavenging in garbage dumpsites (2,3,5,10-12,20) |
|
|
Handling freight† (2,3,5,10,12) |
|
|
Domestic work† (3,5,10-12,18) |
|
|
Ticket-taking for public transportation† (3,5,10,12,18) |
|
|
Street work, including vending,† and washing cars (5,10,12,17,21) |
|
|
Categorical Worst Forms of Child Labor‡ |
Commercial sexual exploitation, including use in the production of pornography (3,5,10-12,19,22) |
|
Forced labor in begging (3,5,11,12) |
|
|
Forced labor in construction, mining, horse jockeying, animal husbandry, industrial sectors, and contortionist work (11) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
Mongolian children are generally trafficked internally for the purpose of commercial sexual exploitation in saunas, bars, hotels, karaoke clubs, and massage parlors. However, many of these venues closed during the COVID-19 pandemic and forced victims to work from client's homes, making it difficult to detect trafficking. (3,10-12,19,20,23,24) Furthermore, according to Mongolia’s National Child Labor Survey, children’s employment is more prevalent in rural areas than in urban areas, with 9 out of 10 children exploited in situations of hazardous work found to be boys. (2,3,16) Children also work as horse jockeys and face a number of health and safety hazards, including exposure to extremely cold temperatures, risk of brain and bone injuries, and fatal falls. (1,4-7,10,12,25,26) Although Mongolian law prohibits participation in pre-training and horse racing during November 1 through May 1, children continue to participate in these activities throughout the year. (5-7,16,19,27-30) In addition to safety concerns, participation in horse racing may impact school attendance, particularly because Mongolian law does not set an age limit for jockeys except during the Naadam Festival in July, during which children as young as age 7 are allowed to participate. (16,19,26,27)
Due to concerns about the pandemic, the Government of Mongolia issued a resolution on June 8 that curtailed all celebrations and sporting events related to the Naadam Festival, thus leading to a significant reduction in the number of official horse racing events. Despite this effort, the Family, Child, and Youth Development Agency (FCYDA) reported 17,450 instances of child jockey participation in Naadam races; however, children who competed in multiple races were counted more than once, making the total number of individual children racing likely lower. (31,32) According to the FCYDA data, 247 child jockeys fell from their horses during Naadam-related racing, and 4 children were severely injured. (31)
As the mining industry continues to grow in the southern part of Mongolia, children, particularly girls, are at increased risk of commercial sexual exploitation and forced labor in artisanal mining. Girls are vulnerable to exploitation in nightclubs near mining towns, solicitation by drivers waiting to cross the border into China, or becoming victims of sex trafficking while their parents are on extended shift rotations. (11,16) Increasingly, boys are hired by Chinese companies to work at agricultural establishments, sometimes under ambiguous immigration status, putting them at a high risk for human trafficking. (11)
During the reporting period, the Ministry of Labor and Social Protection, with funding from the Government of South Korea, conducted a survey on the vulnerability of children to prostitution and sexual exploitation that included human trafficking elements. However, survey results were not made available during the reporting period. (11,31) The FCYDA began to assemble a database containing information on high-risk populations and collaborated with an international NGO to establish multi-disciplinary committees—at the district and capital levels—focused on at-risk children's rights and protections, including some anti-trafficking equities. (11) Furthermore, IOM, in coordination with the Government of Mongolia, initiated an assessment of the impact of the Law on Combatting Trafficking in Persons. IOM also began an assessment of the risks that lead to human trafficking within the country. In addition, during the reporting period, UNICEF began a survey to understand why children were being victimized on social media. (24)
Children in Ulaanbaatar and in rural areas may face challenges in accessing education due to an insufficient number of schools, overcrowding, a lack of trained teachers, and a lack of accessibility for children with disabilities. (5,12,16,19,30,33) In addition, families must register their residence as well as provide an original copy of a child's birth certificate for their children to have access to a free public education. (5,12) During the reporting period, the government suspended in-class education due to the pandemic but offered alternatives to in-person education, including educational television broadcasts and online classes. (12,24) However, many children—including many children with disabilities—lacked appropriate resource to access these services, such as electricity, laptops, and televisions. (12,31) According to educators, although a new legal requirement—Government Resolution No. 235 ("Measures Regarding Inclusive Education")—mandating that all mainstream schools accept students with disabilities came into effect during the reporting period, the infrastructure was inadequate to allow full accessibility to students with disabilities. (12,30,31,34)
Mongolia has ratified all key international conventions concerning child labor (Table 3).
|
Convention |
Ratification |
|---|---|
|
ILO C. 138, Minimum Age |
✓ |
|
ILO C. 182, Worst Forms of Child Labor |
✓ |
|
UN CRC |
✓ |
|
UN CRC Optional Protocol on Armed Conflict |
✓ |
|
UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography |
✓ |
|
Palermo Protocol on Trafficking in Persons |
✓ |
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Mongolia’s legal framework to adequately protect children from the worst forms of child labor, including the minimum age for work.
|
Standard |
Meets International Standards |
Age |
Legislation |
|---|---|---|---|
|
Minimum Age for Work |
No |
16 |
Article 109 of the Law on Labor (35) |
|
Minimum Age for Hazardous Work |
Yes |
18 |
Article 141 of the Law on Labor; List of Jobs and Occupations Prohibited to Minors (35,36) |
|
Identification of Hazardous Occupations or Activities Prohibited for Children |
Yes |
Articles 2–3 of the List of Jobs and Occupations Prohibited to Minors; Article 8 of the Law on the National Naadam Holiday (36,27) |
|
|
Prohibition of Forced Labor |
No |
Articles 16.4 and 16.10 of the Criminal Code; Article 7 of the Law on Labor; Article 7 of the Law on the Rights of the Child (35,37-39) |
|
|
Prohibition of Child Trafficking |
Yes |
Law on Combating Trafficking in Persons; Article 13.1 of the Criminal Code (37,39,40) |
|
|
Prohibition of Commercial Sexual Exploitation of Children |
No |
Articles 12.3, 13.1, and 16.8–16.9 of the Criminal Code; Articles 8.1.3 and 10.2 of the Combating Pornography and Prostitution Act (37,39,41) |
|
|
Prohibition of Using Children in Illicit Activities |
No |
Articles 16.1–16.4 and 16.8–16.10 of the Criminal Code (37,39) |
|
|
Minimum Age for Voluntary State Military Recruitment |
Yes |
18 |
Article 12 of the Law on Military (42) |
|
Prohibition of Compulsory Recruitment of Children by (State) Military |
Yes |
Article 12 of the Law on Military (42) |
|
|
Prohibition of Military Recruitment by Non-state Armed Groups |
No |
||
|
Compulsory Education Age |
Yes |
16 |
Article 46 of the Law on Education (43) |
|
Free Public Education |
Yes |
Article 16 of the Constitution of Mongolia; Articles 6.1–6.3 of the Law on Education (43,44) |
During the reporting period, the government amended the Criminal Code to include new Article 12.6, which increased criminal penalties for procuring or inducing a person to prostitution. If the crime involves a person under the age of 18, defendants are subject to liability for a human trafficking crime. (24,45) The revised 2019 draft Labor Law that would allow the General Agency for Specialized Investigation (GASI) to execute unannounced inspections has yet to be signed into law. (24)
Mongolia’s legal framework does not meet several international standards to protect children. (37,39,40) The Labor Code, which sets a minimum age of 16 to “enter into an employment agreement” does not apply to children in the informal sector or to those who are self-employed, including children who work as horse racing jockeys in May through October. (27,30,46-48) In addition, the laws do not specifically criminalize forced labor other than forced begging and forced hazardous work. (35,37-39,41) Furthermore, Article 16.1 of Mongolia’s criminal code prohibits the inducement of children to commit a crime; however, the law does not specifically cover the use of children in illicit activities. The law is insufficient to meet international standards because it requires threats, the use of force, or coercion to be established for the crime. (37,39)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority of enforcement agencies that may hinder adequate enforcement of their child labor laws.
|
Organization/Agency |
Role |
|---|---|
|
General Agency for Specialized Inspection |
Enforces labor laws, including those related to child labor. (11,24,28) Conducts inspections at registered businesses in the formal sector. (11,28) As an independent agency, reports to the Deputy Prime Minister. (21) |
|
National Police Agency |
Maintains primary responsibility for investigating criminal cases. (23,24,49) Provides protection to victims and witnesses throughout the judicial process. Reports to the Ministry of Justice and Home Affairs. (49) There are several divisions and departments under its authority that work to enforce laws on child labor. The Metropolitan Police Department oversees police operations in Ulaanbaatar’s nine district police offices, enforces labor laws, and identifies children in hazardous labor. (21) The Crime Prevention Division works to protect unattended children on the streets, identifying and returning children to their parents or referring them to Child Care and Protection Centers. (49) The Juvenile Crime Prevention Unit protects children from being victims of crime and prevents them from committing crimes. (10,49) The Organized Crime Division, located under the Criminal Police Department, receives referrals and opens formal criminal investigations into human trafficking and sexual exploitation cases, while working with the Prosecutor’s Office to decide whether to take a case to court. Oversees the Anti-Trafficking Unit that has primary responsibility for investigating human trafficking cases and is comprised of one Chief Police Officer and four junior investigators. (11,20,22,24,50,51) Uses an 11-question risk assessment checklist to help accurately identify human trafficking victims and refers them to short- or long-term care facilities. (3,5,10-12,22,51) However, research noted that the use of these checklists was inconsistent. Each police district in Ulaanbaatar has a designated police officer who is responsible for trafficking in person cases. (24) The Criminal Police Department is not empowered to close venues complicit in the worst forms of child labor but can take action against individuals. (24) During the reporting period, the National Police Agency launched and co-organized a month-long program called "Cast No Shadow" to combat sexual abuse of children with the Family, Child, and Youth Development Agency (FCYDA), and held 53 workshops with 90,545 participants, including 156 government organizations. (11,31,32,52) In addition, posters, songs, and video content were developed, as well as the "Hidden 3" operation that was organized to help identify unreported child victims of sexual exploitation and track potential offenders. (31) The Anti-Trafficking Unit identified 40 victims of sex trafficking, including 24 girls between the ages of 14 and 18. Three of these girls were referred for shelter services operated by FCYDA. (24,31) |
|
Anti-Trafficking Enforcement: Mongolian Immigration Agency and General Authority for Border Protection |
Responsible for trafficking cases involving victims who cross international borders, including children. Both agencies are responsible for tracking minors who cross the border and identifying cases in which adults return to Mongolia without the minors who departed Mongolia with them. (24) |
In 2020, the FCYDA employed 54 child rights officers who oversaw child protection issues, including child labor, and identified and removed 18 children working in conditions of hazardous labor. (12,31) The FCYDA maintains a nationwide, toll-free Child Helpline, "108," that captures child labor and child rights violations, and is staffed by 22 employees, a social worker, and a response team available 24 hours a day, and is made available to police. (3,5,10,12,30,50,51) In addition, the FCYDA maintains a nationwide database for tracking case status and social services needs of vulnerable children that is accessible from all FCYDA local and central offices. (5,10,12) During the reporting period, the FCYDA reported that it assisted 723 child laborers nationwide. (12,31)
During the reporting period, the Government of Mongolia approved a resolution to increase the fiscal year 2021 budget for child welfare by $880,000 and tripled the number of child protection officers from 53 to 156. (24)
Labor Law Enforcement
In 2020, the lack of authorization to conduct unannounced inspections in Mongolia may have impeded the enforcement of child labor laws (Table 6).
|
Overview of Labor Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Labor Inspectorate Funding |
Unknown (5) |
$709,330 (31) |
|
Number of Labor Inspectors |
66 (5) |
83 (31) |
|
Inspectorate Authorized to Assess Penalties |
Yes (5) |
Yes (35) |
|
Initial Training for New Labor Inspectors |
Yes (5) |
No (31) |
|
Training on New Laws Related to Child Labor |
Yes (5) |
N/A (12) |
|
Refresher Courses Provided |
Yes (5) |
Yes (31) |
|
Number of Labor Inspections Conducted |
2,133 (5) |
1,566 (31) |
|
Number Conducted at Worksite |
2,133 (5) |
1,566 (31) |
|
Number of Child Labor Violations Found |
Unknown (5,16) |
0 (31) |
|
Number of Child Labor Violations for Which Penalties Were Imposed |
Unknown (5,16) |
0 (31) |
|
Number of Child Labor Penalties Imposed that Were Collected |
Unknown (5,16) |
0 (31) |
|
Routine Inspections Conducted |
Yes (5) |
Yes (31) |
|
Routine Inspections Targeted |
Yes (5) |
Yes (31) |
|
Unannounced Inspections Permitted |
No (5) |
No (53) |
|
Unannounced Inspections Conducted |
N/A (5) |
N/A (12) |
|
Complaint Mechanism Exists |
Yes (5) |
Yes (12) |
|
Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services |
Yes (5) |
Yes (12) |
During the reporting period, all pre-scheduled labor inspections—except inspections at horse races—were cancelled to allow labor inspectors to be reassigned to assist with pandemic-related functions. (31) NGO and government officials reported that the enforcement of child labor laws remained challenging due to the legal requirement that GASI must give employers 48 hours advance notification before conducting an inspection, which provides employers with enough time to conceal violations. (3,10-12,19,23,24,30) In addition, GASI's overall strategy is to conduct pre-announced inspections in the formal sector only, leaving children working in the informal sector more susceptible to child labor. (4,5,12,30)
During the reporting period, the government and NGOs noted that funding and resources for inspectors remained insufficient. (5,10-12,54)
The government only conducts child labor inspections at horse racing events between June and October, during the months that children are legally allowed to participate in races. During these inspections, GASI verifies that riders meet minimum age requirements, use safety equipment, and obtain required insurance, but GASI does not have the authority to impose penalties for child labor law violations found in horse racing. (5,10,12,30) Although child rights officers have the ability to impose sanctions for certain labor law violations under the Child Protection Law, including child labor violations related to horse racing, the law suggests that they may only be allowed to do so if the child actually suffers harm. (55,56) In addition, liability for violations related to horse racing appears to extend only to stakeholders and organizers of races, and it may not cover parents or other family members who use children as jockeys. Given the lack of clarity in the language of the Child Protection Law, many violators are able to evade punishment. (55,56)
The Family, Child, and Youth Development Agency reported its child rights officers did not receive any training in 2020. Information on trainings received by GASI officers was not available. (12)
Criminal Law Enforcement
In 2020, criminal law enforcement agencies in Mongolia took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate enforcement of their child labor laws, including training for criminal investigators.
|
Overview of Criminal Law Enforcement |
2019 |
2020 |
|---|---|---|
|
Initial Training for New Criminal Investigators |
Yes (5) |
Yes (57) |
|
Training on New Laws Related to the Worst Forms of Child Labor |
Unknown (5) |
N/A (12) |
|
Refresher Courses Provided |
Yes (5) |
Unknown (12) |
|
Number of Investigations |
Unknown (5) |
41 (12) |
|
Number of Violations Found |
16 (58) |
Unknown (12) |
|
Number of Prosecutions Initiated |
Unknown (5,16) |
12 (31) |
|
Number of Convictions |
Unknown (28) |
Unknown (12) |
|
Imposed Penalties for Violations Related to the Worst Forms of Child Labor |
Yes (58) |
Unknown (12) |
|
Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services |
Yes (5) |
Yes (12) |
During the reporting period, the government distributed 50,000 informational passport inserts at its border with Russia and China to raise awareness of human trafficking issues and provide information regarding resources for potential victims; recipients included approximately 1,000 children. The government also disseminated daily human trafficking-themed public service announcements on social media platforms, radio, and television that were played at stations along rail lines connecting Mongolia to Russia and China. (11,57)
The National Police Agency reported that one case from 2019 involving forced beggary of a child remained under active investigation in 2020, as did investigations into eight cases involving inducing a child into pornography. In addition, two cases of inducing a child into drug addiction were under active investigation during the reporting period. (12) In 2020, the government reported that 17 children were involved in commercial sexual exploitation, including child pornography. (12) The government also allocated $10,504 during the reporting period to the NGO Gender Equality Center for maintenance of its Mongolian hotline system for human trafficking victims. (11,24,32)
Research indicated that there was a lack of resources, including insufficient funding for law enforcement agencies, which resulted in insufficient training opportunities for criminal law enforcement officers. (5,11,12,23,24) Furthermore, reports indicate that among some police officers and government officials, there is a lack of understanding of the use of male children in commercial sexual exploitation as a result of human trafficking, as well as a general unfamiliarity with human trafficking-specific provisions of the criminal code. (11,16) As a result, many cases involving boys are not prosecuted under the human trafficking article of the Criminal Code, which carries harsher penalties, but are instead prosecuted under other offenses that carry lighter penalties. (11,16,59)
Furthermore, restrictions put in place during the pandemic, including in some cases the requirement for a negative COVID-19 test, made it difficult for human trafficking victims to access public and police services. This resulted in slowing the pace of human trafficking investigations. (24,57)
Research noted that complex case initiation and referral procedures, coupled with restrictions on contact between anti-trafficking police and prosecutors, at times hindered investigations and prosecutions. (11,12) NGOs also continued to express concern over a legal provision in the Criminal Code Article 6.12 ("Release from Imprisonment by Parole, Arranged Supervision"), which allows the early release of some incarcerated traffickers, arguing that such leniency could potentially contribute to continued instances of human trafficking. (11,31,39)
During the reporting period, research found no evidence that the government continued to arrest child trafficking victims as a result of having been subjected to human trafficking. Due to a lack of understanding of victim protection in relation to the Law on Petty Offenses, research found that police reportedly continued to detain child victims as a direct result of the unlawful acts they were forced to commit. (11,31,60) The National Police Agency reported that due to a misapplication of Article 6.18.4 in the Law on Petty Offenses, police erroneously fined two children for prostitution instead of referring them to the FCYDA. (12,24,31) Coupled with the lack of evidence collected by law enforcement to support investigations into human trafficking, some victims become hesitant to self-report or testify due to the fear that they may face prosecution for crimes they were forced to commit. (11,17,24,61)
Despite reports of alleged malfeasance among some Mongolian officials, including helping to facilitate sex trafficking in illicit establishments, research found no evidence that the government initiated any investigations into government officials complicit in the worst forms of child labor. (11)
During the reporting period, the government failed to publish criminal law enforcement data related to the worst forms of child labor, including whether trainings for new criminal investigators were conducted, whether refresher courses were offered, the number of violations, the number of convictions, and penalties imposed for violations. (12)
The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including efficacy in accomplishing mandates.
|
Coordinating Body |
Role & Description |
|---|---|
|
National Committee for Children |
Serves as overall coordinating body for nationwide child protection efforts. Implements the National Program on Child Development and Protection (2017–2021). (5,10,12) Established in 2018 and headed by the Prime Minister with the Minister of Labor and Social Protection as Deputy Head. (5,12) During the reporting period, the Prime Minister issued an order renewing the mandate of the Committee. (12) Also planned 11 activities and continued to draft amendments to the Criminal Code and the Law on Petty Offenses. (31) |
|
National Anti-Trafficking Sub-Council |
Mandate renewed in February 2021. Chaired by the Crime Prevention and Coordination Council. (32) Coordinates government efforts to combat human trafficking and monitors implementation of anti-trafficking legislation. (24,60) Functions as part of the Council on Crime Prevention under the Ministry of Justice and Home Affairs. (54) Has 24 members, including 22 government officials and 2 NGO representatives. (24,32) Coordinating body met during the reporting period. (12,24) In addition, agreed to work with prosecutors, police, and child protection officers to establish, provide support for, and maintain an operational Multi-Disciplinary Task Force focused on inter-agency coordination of the identification and protection of child trafficking victims, and the investigation and prosecution of child trafficking crimes. Had a budget of $178,221 in 2020 and spent $104,342 to implement the National Program on Combating Trafficking in Persons, with remaining funds used for pandemic prevention measures. (24) |
|
Ministry of Justice and Home Affairs—Crime Prevention and Coordination Council |
Coordinates working-level law enforcement efforts related to trafficking in persons. (24) Overseen by the Ministry of Justice and Home Affairs. Coordinating body was active during the reporting period. (57) |
The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.
|
Policy |
Description |
|---|---|
|
National Program on Child Development and Protection (2017–2021) |
Incorporates the National Program for the Elimination of the Worst Forms of Child Labor and National Action Plan. (3) Coordinates child labor and child protection issues through the Ministries of Labor and Social Protection; Education, Culture, Science and Sports; and Health. (3,48) In an effort to advance the National Program on Child Development and Protection, FCYDA accredited 41 NGOs to assist in providing child protection services. (10) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. (12) |
|
Child Protection Compact Partnership (2020–2024)† |
Launched October 2020. Joint partnership between the Governments of Mongolia and the United States. (12,24,59,61,62) A $5 million grant to fight all forms of child trafficking led by World Vision. Works with Task Unit of Crime Prevention and Coordinating Council and National Sub-Council on Trafficking in Persons. (59,61-63) Objectives include expanding support for trafficking victim protection service shelters and victim-centered investigations and prosecutions; establishing a Multi-disciplinary Task Force aimed at improving inter-agency coordination on victim identification and investigation and prosecution of child trafficking crimes; improving interagency coordination; and expanding community knowledge and understanding of child trafficking, including risks and indicators of human trafficking. (12,59,61-63) Furthermore, intends to increase the number of law enforcement, prosecutorial, social welfare, mental health, and labor inspection personnel designated to prioritize child trafficking, and work collaboratively on victim-centered investigations and prosecutions of child trafficking cases. (24) |
|
National Program on Combating Trafficking in Persons (2017–2021) |
Designated lead for anti-trafficking efforts. Provides technical and professional guidance on the prevention of human trafficking. (11,23,24,60) Implemented and managed by the National Anti-Trafficking Sub-Council. (11,23,24) Aims to strengthen efforts to prevent and combat different types of human trafficking, including the commercial sexual exploitation of children, and to improve protective services for victims by using the internationally recognized principles of the "Four Ps"—prevention, protection, prosecution, and partnership. (3,4,17,20,24,60) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. (12) |
|
State Policy on Herders (2020–2024) |
Describes the acceptable minimum conditions and criteria for employing children in herding. (64) Activities include projects to improve housing and access to information for herders, and to ensure that children engaged in herding receive an education. Each year, the government allocates 1 percent of its budget to implement the policy. (65) Policy was renewed during the reporting period. (12,31,66) |
|
Three-Pillar Development Policy (2018–2020) |
Called for improvements in education, health, social welfare, and labor policies through 2020. Priorities included the education, safety, and health of vulnerable children. (67) Research was unable to determine whether activities were undertaken to implement this policy during the reporting period. (12) |
†Policy was approved during the reporting period.
In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including with funding of programs to address the full scope of the problem in all sectors.
|
Program |
Description |
|---|---|
|
Children’s Money Program† |
Program operated by the General Agency for Social Welfare and Service, General Agency for State Registration, and Human Development Fund. Distributes a monthly stipend to vulnerable children under age 18 and aims to prevent child labor by offsetting costs related to food, school, and clothing. (3,68) During the reporting period, the government included a five-fold increase from approximately $8 per child in 2019 to approximately $35 per child in 2020 to mitigate some of the economic impacts of the pandemic. (12,30,69) Money was distributed through direct deposit to all children in the country with allotments continuing until July 1, 2021. Since April 1, 2020, 1.25 million Mongolian children have been receiving money through the program. (31) |
|
School Lunch Program† |
Government-mandated program that subsidizes meals to encourage low-income children to attend school, particularly at the primary level. (28) During the reporting period, the program was halted due school closures during the pandemic, and remaining funds were allocated to provide emergency assistance, including food and supplies, to children of families in need. (12,31) |
† Program is funded by the Government of Mongolia.
‡ The government had other social programs that may have included the goal of eliminating or preventing child labor. (21)
Research found that there is a shortage of long-term stay shelters, and most temporary shelters are not accessible to victims with disabilities. (3,5,10,11,23,24,30) Although Mongolia has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem. (12)
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Mongolia (Table 11).
|
Area |
Suggested Action |
Year(s) Suggested |
|---|---|---|
|
Legal Framework |
Ensure that the minimum age for work applies to children in the informal sector and children who are self-employed. |
2018 – 2020 |
|
Ensure that all forms of forced labor are criminally prohibited. |
2016 – 2020 |
|
|
Ensure that laws clearly and comprehensively criminalize using children under age 18 for prostitution, and criminalize using, procuring, or offering all children under age 18 for the production of pornography and pornographic performances. |
2014 – 2020 |
|
|
Ensure that the law criminally prohibits the using, procuring, or offering of children under age 18 in the production and trafficking of drugs. |
2016 – 2020 |
|
|
Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups. |
2016 – 2020 |
|
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Ensure that laws adequately prohibit children under age 18 from horse racing at all times of the year. |
2017 – 2020 |
|
|
Enforcement |
Strengthen the inspection system by permitting the General Agency for Specialized Inspections to conduct unannounced inspections, including in the informal sector, and empower the Criminal Police Department to close venues found to be complicit in the worst forms of child labor. |
2013 – 2020 |
|
Increase funding and resources for labor inspectors to conduct inspections. |
2014 – 2020 |
|
|
Conduct regular labor inspections and ensure that inspectors or other appropriate authorities are able to assess penalties—and extend liability beyond race organizers—for legal violations related to horse racing, including the participation of children in racing and race training during prohibited months. |
2018 – 2020 |
|
|
Provide sufficient training opportunities for labor inspectors and criminal law enforcement officials, including training on new laws related to the worst forms of child labor. |
2018 – 2020 |
|
|
Provide adequate funding for law enforcement agencies and ensure that procedural checklists used to identify human trafficking victims are used consistently. |
2019 – 2020 |
|
|
Provide trainings for police officers and government officials on criminal laws related to the worst forms of child labor to ensure that cases of commercial sexual exploitation—especially those involving boy victims—are prosecuted fully and under the appropriate articles of law, and close legal loopholes that permit the early release of convicted traffickers. |
2011 – 2020 |
|
|
Cease fining, arresting, detaining, or charging child trafficking victims with crimes and administrative offenses as a result of having been subjected to human trafficking. |
2020 |
|
|
Allow anti-trafficking police and prosecutors to work with each other, and ensure that evidence related to human trafficking cases is collected to support investigations. |
2020 |
|
|
Address malfeasance in all law enforcement agencies and investigate, prosecute, and convict government officials complicit in the worst forms of child labor. |
2020 |
|
|
Publish disaggregated criminal law enforcement data, including training for new and existing criminal law investigators, the number of violations, the number of convictions, and the number of imposed penalties for violations. |
2017 – 2020 |
|
|
Government Policies |
Publish activities undertaken during the reporting period to implement the National Program on Child Development and Protection, the National Program on Combating Trafficking in Persons, and the Three-Pillar Development Policy. |
2020 |
|
Social Programs |
Increase the number of schools to help eliminate overcrowding, increase the number of trained teachers, ensure that appropriate technology is available to all students, and provide an infrastructure to allow full accessibility options for children with disabilities. |
2019 – 2020 |
|
Ensure that the School Lunch Program is implemented once schools reopen for in-person learning. |
2018 – 2020 |
|
|
Increase the availability of long-term stay shelter homes. |
2019 – 2020 |
|
|
Ensure that all government-run, government-funded shelter homes are accessible to children with disabilities. |
2019 – 2020 |
|
|
Expand existing programs to address the scope of the child labor problem. |
2020 |
- Ambrose, Drew, and Daniel Connell. Mongolia's child jockeys risk death to race. Al Jazeera. August 28, 2017.
https://www.aljazeera.com/indepth/features/2017/08/mongolia-child-jockeys-risk-death-race-170826063128607.html - ILO and National Statistical Office of Mongolia. Report of National Child Labour Survey 2011–2012. 2013. Source on file.
- U.S. Embassy- Ulaanbaatar. Reporting. January 30, 2018.
- U.S. Department of State. Trafficking in Persons Report- 2019: Mongolia. Washington, DC, June 20, 2019.
https://www.state.gov/reports/2019-trafficking-in-persons-report-2/mongolia__trashed/ - U.S. Embassy-Ulaanbaatar. Reporting. January 21, 2020.
- Hogan, Libby. Mongolia's child jockeys risk injury and death to race, but is it tradition or just child labour? ABC News, October 14, 2019.
https://www.abc.net.au/news/2019-10-12/mongolia-child-jockeys-risk-injury-deaths-race-naadam-festival/11537892 - Menarndt, Aubrey, and Bayartsogt, K. Mongolia puts the brakes on 'dangerous' winter horse racing. Al Jazeera, March 26, 2019.
https://www.aljazeera.com/indepth/inpictures/mongolia-puts-brakes-dangerous-winter-horse-racing-190314080106644.html - UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2021. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
http://data.uis.unesco.org/ - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Multiple Indicator Cluster Survey 6 (MICS 6), 2018. Analysis received March 2021. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- U.S. Embassy- Ulaanbaatar. Reporting. January 30, 2019.
- U.S. Department of State. Trafficking in Persons Report- 2020: Mongolia. Washington, DC, June 2020.
https://www.state.gov/reports/2020-trafficking-in-persons-report/mongolia/ - U.S. Embassy- Ulaanbaatar. Reporting. January 21, 2021.
- U.S. Department of State. Trafficking in Person Report- 2017: Mongolia. Washington, DC, June 27, 2017.
https://www.state.gov/reports/2017-trafficking-in-persons-report/mongolia__trashed/ - ILO. Children Exploited in Mongolian Gold Rush. YouTube. February 23, 2016.
https://www.youtube.com/watch?v=qG-uQbyGBSw - Understanding Children's Work. Understanding Children's Work and Youth Employment Outcomes in Mongolia. Rome. June 2009.
http://ilo.org/beijing/what-we-do/publications/WCMS_537842/lang--en/index.htm - U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. February 12, 2020.
- ILO CEACR. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Mongolia (Ratification: 2001). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3998161 - U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. April 4, 2018.
- ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Mongolia (Ratification: 2001). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3998161 - U.S. Embassy- Ulaanbaatar. Reporting. February 14, 2018.
- U.S. Embassy- Ulaanbaatar. Reporting. January 15, 2016.
- U.S. Embassy- Ulaanbaatar. Reporting. January 13, 2017.
- U.S. Embassy- Ulaanbaatar. Reporting. February 18, 2020.
- U.S. Embassy- Ulaanbaatar. Reporting. February 19, 2021.
- The Straits Times. No joy ride: Mongolian child jockeys risk their lives in dangerous horse races despite ban. The Straits Times, March 10, 2017.
http://www.straitstimes.com/asia/east-asia/no-joy-ride-mongolian-child-jockeys-risk-their-lives-in-dangerous-horse-races-despite - Davaasharav, Munkchimeg. Rights groups urge better treatment for Mongolia child jockeys. Reuters, July 14, 2018. Source on file.
- Government of Mongolia. Law on the National Naadam Holiday. Enacted: June 19, 2003.
http://legalinfo.mn/law/details/17?lawid=17 - U.S. Department of State official. E-mail communication to USDOL official. June 30, 2020.
- Government of Mongolia. Government Resolution No. 57 ("Actions to be taken regarding Horse Racings). January 31, 2019. Source on file.
- U.S. Department of State. Country Reports on Human Rights Practices- 2020: Mongolia. Washington, DC, March 2020.
https://www.state.gov/wp-content/uploads/2021/03/MONGOLIA-2020-HUMAN-RIGHTS-REPORT.pdf - U.S. Embassy- Ulaanbaatar official. E-mail communication with USDOL official. February 18, 2021.
- U.S. Embassy- Ulaanbaatar official. E-mail communication with USDOL official. March 11, 2021.
- UN Committee on Economic, Social and Cultural Rights. List of issues prior to submission of the fifth periodic report of Mongolia. November 21, 2019: E/C.12/MNG/QPR/5. Source on file.
- Government of Mongolia. Government Resolution No. 235 - Measures Regarding Inclusive Education. December 23, 2020.
https://legalinfo.mn/law/details/15845?lawid=15845 - Government of Mongolia. Law of February 5, 2016, Amending the Labor Code of Mongolia, No. 25 Enacted: 1999. Source on file.
- Government of Mongolia. The List of Jobs Prohibited to Minors (unofficial translation). Enacted: 2016. Source on file.
- Government of Mongolia. Criminal Code of Mongolia (Revised). Enacted: 2002. Source on file.
- Government of Mongolia. Law on the Protection of the Rights of the Child with Amendments. Enacted: 1999, and Amended: 2003. Source on file.
- Government of Mongolia. Criminal Code (Amended). Enacted: July 1, 2017. Source on file.
- Government of Mongolia. Law on Combating Trafficking in Persons. Enacted: 2012. Source on file.
- Government of Mongolia. Combating Pornography and Prostitution Act. Enacted: 1998. Source on file.
- Government of Mongolia. Law on Military. Enacted: September 1, 2016.
http://legalinfo.mn/law/details/12124?lawid=12124 - Government of Mongolia. Law on Education. Enacted: May 03, 2002.
http://legalinfo.mn/law/details/9020?lawid=9020 - Government of Mongolia. Constitution of Mongolia. Enacted: 1992.
http://www.crc.gov.mn/en/k/xf/1q - Government of Mongolia. Criminal Code Amended (Article 12.6). January 10, 2020. Source on file.
- U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. December 31, 2019.
- U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. February 28, 2020.
- ILO CEACR. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Mongolia (ratification: 2002). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:3997813 - U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. July 18, 2019.
- Byambajav, E. New Child Helpline Launched. Cited: February 8, 2017.
http://www.wvi.org/mongolia/article/new-child-helpline-launched - U.S. Embassy- Ulaanbaatar. Reporting. January 13, 2017.
- Premium Times. Mongolia launches programme to stop sexual abuse against children. September 15, 2020.
https://www.premiumtimesng.com/foreign/414782-mongolia-launches-programme-to-stop-sexual-abuse-against-children.html - Government of Mongolia. Law of Mongolia on State Supervision and Inspection. Ulaanbaatar: January 3, 2003.
https://iaac.mn/files/d8faf0f3-92d8-470f-bb01-c1b0b25490be/22.Law on State Supervision and Inspection.pdf - U.S. Embassy- Ulaanbaatar. Reporting. February 19, 2019.
- Government of Mongolia. Law on Child Protection. Enacted: February 5, 2016.
https://www.legalinfo.mn/law/details/11710 - U.S. Embassy- Ulaanbaatar. E-mail communication to USDOL official. July 6, 2020.
- U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. May 24, 2021.
- Government of Mongolia. Judicial General Council. February 6, 2020. Source on file.
- M, Unurzul. Mongolia-U.S. Child Protection Compact Partnership launches. Ulaanbaatar: Montsame, October 27, 2020. https://montsame.mn/en/read/240916
- ILO CEACR. Individual Observation concerning Forced Labour Convention, 1930 (No. 29) Mongolia (ratification: 2005). Published: 2021.
https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:4025033 - U.S. Department of State. Child Protection Compact Partnerships – Mongolia. October 27, 2020.
https://www.state.gov/child-protection-compact-partnerships-mongolia/ - AKIpress. U.S., Mongolia sign $5 million child protection compact partnership deal. April 2, 2020.
https://akipress.com/news:638685:U_S_,_Mongolia_sign_$5_million_child_protection_compact_partnership_deal/ - U.S. Department of State. Child Protection Compact Partnership Between the United States of America and Mongolia. April 2, 2020.
https://www.state.gov/child-protection-compact-partnership-between-the-united-states-of-america-and-mongolia/ - Government of Mongolia. Approval of Government Policy on Herders. Ulaanbaatar. 2009. Source on file.
- U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. March 23, 2016.
- Government of Mongolia. State Policy on Herders, 2020–2024. 2020.
https://www.legalinfo.mn/annex/details/10708?lawid=15133 - Government of Mongolia. Resolution for the Endorsement of the Millennium Development Goals-Based Comprehensive National Development Strategy of Mongolia. Enacted: 2008. Source on file.
- U.S. Department of State official. E-mail communication to USDOL official. May 22, 2018.
- Bayarjargal, Ariun-Erdene. Mongolia's success and challenges against COVID-19. EastAsiaForum, August 13, 2020.
https://www.eastasiaforum.org/2020/08/13/mongolias-success-and-challenges-against-covid-19/
