2021 Findings on the Worst Forms of Child Labor: Mongolia

Moderate Advancement

In 2021, Mongolia made moderate advancement in efforts to eliminate the worst forms of child labor. Through the United States-Mongolia Child Protection Compact Partnership, the government formed a Multi-Disciplinary Taskforce of more than 18 governmental and non-governmental organizations to address human trafficking. It also revised its Labor Law to set the minimum age for work at 15 and the minimum age for light work at 13. In addition, the National Statistical Committee, in cooperation with International Labor Organization Mongolia, started collecting information for a national‐level survey on child labor. However, 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. Mongolia's Revised Labor Law allows for unannounced inspections, but only in the formal work sector, which may impede the enforcement of child labor laws. Mongolia also lacks sustained training opportunities for child protection officers and labor inspectors. In addition, the government did not provide full information on its criminal law enforcement efforts, including information on training for criminal investigators and the number of prosecutions initiated, for inclusion in this report.

 
I. Prevalence and Sectoral Distribution of Child Labor

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. (1-6) 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.

Table 1. Statistics on Children's Work and Education

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, 2022. (7)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 6 (MICS 6), 2018. (8)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Animal husbandry,† including herding† (2,6,9,10)

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† (2,6,9,10)

 

Mining† coal,† gold, and fluorspar (2,6,10,12,13)

Services

Horse jockeying† (1,3,6,9,14,15)

 

Scavenging in garbage dumpsites (2,6,9)

 

Handling freight† (2,6)

 

Domestic work† (6,9)

 

Ticket-taking for public transportation† (6,10,14)

 

Street work, including vending,† and washing cars (6,10,13,17)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, including use in the production of pornography, sometimes as a result of human trafficking (6,9,10,15-19)

 

Forced labor in begging (9,10,16,17)

 

Forced labor in construction, mining, horse jockeying, animal husbandry, industrial sectors, and contortionist work (6,9)

† 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 victims were forced to work from client's homes, making it difficult to detect child trafficking. (6,9,15,16,18,20-22) During the reporting year, online sexual trafficking of children, especially for sexual abuse, pornography, grooming, and sextortion, increased, including 23 underaged victims found to be involved in online sexual trafficking. (6,23)

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. (2,12,16) 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. (1,3,4,10,17,18,24-26) 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. (3,4,12,15,17,27-30) 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. (12,15,26,27) During the reporting year, there were 1,918 instances of child jockey participation. (6)

In October 2021, the Government of Mongolia, in cooperation with ILO Mongolia, started collecting information for a national‐level survey on child labor. Survey results will be published in 2023. (6)

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 may become victims of sex trafficking while their parents are on extended shift rotations. (9,12) 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. (9)

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. (10,12,15,17,30,31) In addition, families must register their residence and provide an original copy of a child's birth certificate for their children to have access to a free public education. (10,17) Many children—including many children with disabilities—lacked appropriate resources to access these services, such as electricity, laptops, and televisions. (10,32) According to educators, although Government Resolution No. 235 (Measures Regarding Inclusive Education) mandates that all mainstream schools accept students with disabilities, the infrastructure is inadequate to allow full accessibility to students with disabilities. (10,30,32,33) According to Mongolia’s National Statistics Office, more than 100,000 persons live with disabilities in Mongolia, including 12,000 children. Outside Ulaanbaatar, none of Mongolia’s provinces have schools appropriate for children with special needs, which means about 40 percent of these children stay home. (34)

During the reporting period, most in-class education was suspended until September 2021 due to the pandemic. Virtual learning was not available for families in poverty, which has inadvertently pushed vulnerable children into hazardous working conditions, including working longer hours. (6)

II. Legal Framework for Child Labor

Mongolia has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

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 a minimum age for work that is lower than the compulsory school age.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Articles 3, 142.1 and 165 of the Revised Labor Law (35)

Minimum Age for Hazardous Work

Yes

18

Article 142.2 of the Revised Labor Law; List of Jobs and Occupations Prohibited to Minors (35-37)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Articles 2 and 3 of the List of Jobs and Occupations Prohibited to Minors; Article 8 of the Law on the National Naadam Holiday (27,37)

Prohibition of Forced Labor

Yes

 

Article 142.2 of the Revised Labor Law; Articles 13.1, 16.4, and 16.10 of the Criminal Code; Articles 2, 3, 15, and 17 of the Law on Combating Trafficking in Persons; Article 7 of the Law on Labor; Article 7 of the Law on the Rights of the Child (35,38-40)

Prohibition of Child Trafficking

Yes

 

Article 3 of the Law on Combating Trafficking in Persons; Article 13.1 of the Criminal Code (38,39,41)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 12.3, 13.1, 16.8, 16.9 and 115 of the Criminal Code; Articles 8.1.3 and 10.2 of the Combating Pornography and Prostitution Act; Article 3 of the Law on Combating Trafficking in Persons (38,41,42)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 142.2 of the Revised Labor Law; Article 192 of the Criminal Code (35)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Article 12 of the Law on Military (43)

Prohibition of Compulsory Recruitment of Children by (State) Military

Yes

 

Article 12 of the Law on Military (43)

Prohibition of Military Recruitment by Non-state Armed Groups

No

   

Compulsory Education Age

Yes

16

Article 46 of the Law on Education (44)

Free Public Education

Yes

 

Article 16 of the Constitution of Mongolia; Articles 6.1–6.3 of the Law on Education (44,45)

The Revised Labor Law was enacted on July 2, 2021, and its provisions went into effect on January 1, 2022. It has several provisions related to child labor. (6,35) The law includes a formal prohibition of child labor exploitation; sets the minimum age for work at 15, with light work permitted for children ages 13 and older; requires a tripartite labor agreement between the employer, a legal guardian, and the child for underage children to be able to work; and permits unannounced inspections in the formal work sector. (6,35) However, light work activities have not yet been defined.

As the minimum age for work is lower than the compulsory education age, children may be encouraged to leave school before the completion of compulsory education.

III. Enforcement of Laws on Child Labor

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.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

General Agency for Specialized Inspection (GASI)

Enforces labor laws, including those related to child labor. (9,22,28) Conducts inspections at registered businesses in the formal sector. (9,28)

National Police Agency (NPA)

Maintains primary responsibility for investigating criminal cases. (21,22) Provides protection to victims and witnesses throughout the judicial process. Reports to the Ministry of Justice and Home Affairs. (21,22) In 2021, created a specific Division for Combating Against Domestic Violence and Crimes Against Children, which increased the nationwide police capacity to 103 officers who work on crimes against children. (46) 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. The Juvenile Crime Prevention Unit protects children from being victims of crime and prevents them from committing crimes. (18) 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 comprises of one chief police officer and four junior investigators. (9,19,20,22) Uses an 11-question risk assessment checklist to help accurately identify human trafficking victims and refers them to short- or long-term care facilities. (9,10,16,19,22) The Criminal Police Department can take action against individuals complicit in the worst forms of child labor but is not empowered to close venues in which child labor is found. (22)

Anti-Trafficking Enforcement: Mongolian Immigration Agency and General Authority for Border Protection

Responsible for investigating trafficking cases involving victims who cross international borders, including children. Both agencies track and identify minors who cross the border, including minors who cross the border with adults but are left behind when the accompanying adult returns to Mongolia. (22)

Family, Child, and Youth Development Agency (FCYDA)

Employs 41 child rights officers who oversee child protection issues, including child labor, and identifies and removes children working under hazardous conditions. Maintains a nationwide, toll-free child helpline for reporting child labor and child rights violations. (6) Helpline is staffed by 22 employees, a social worker, and a response team that is available 24 hours a day. (6)

During the reporting period, a special division to address crimes against children was created under the Investigation Department of the National Police Agency (NPA). The NPA assigned 53 police officers nationwide (1 officer per 8,000 children) to protect children from domestic violence and crimes against children. (6,23)

In September 2021, the Anti‐Trafficking in Persons Division of the Criminal Police Department, along with the Ministry of Labor and Social Protection (MLSP) and the Gender Equality Center (GEC), jointly organized anti‐trafficking training for 60 police officers, investigators, child protection officers, and prosecutors. In December 2021, it also co‐organized training with the GEC on interagency cooperation to identify trafficking victims for 21 investigators and prosecutors. (6)

During the reporting period, the Family, Child, and Youth Development Agency (FCYDA) helpline received 108 hazardous child labor calls, 359 sexual abuse calls, and 5 child trafficking-related calls that were referred for further assistance to appropriate agencies. (6,23) In addition, the FCYDA maintains a nationwide database for tracking case status and the social services needs of vulnerable children, which is accessible from all FCYDA local and central offices. In 2021, the FCYDA reported it assisted 144 child laborers nationwide. (6)

Labor Law Enforcement

In 2021, labor law enforcement agencies in Mongolia took actions to address child labor (Table 6). However, gaps exist within the operations of enforcement agencies that may hinder adequate labor law enforcement, including insufficient financial resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2020

2021

Labor Inspectorate Funding

$709,330 (32)

Unknown (6)

Number of Labor Inspectors

83 (32)

86 (6)

Mechanism to Assess Civil Penalties

Yes (36)

Yes (36)

Initial Training for New Labor Inspectors

No (32)

Yes (6)

Training on New Laws Related to Child Labor

N/A (10)

Yes (6)

Refresher Courses Provided

Yes (32)

Yes (6)

Number of Labor Inspections Conducted

1,566 (32)

1,364 (6)

Number Conducted at Worksite

1,566 (32)

1,364 (6)

Number of Child Labor Violations Found

0 (32)

Unknown (6)

Number of Child Labor Violations for Which Penalties Were Imposed

0 (32)

Unknown (6)

Number of Child Labor Penalties Imposed that Were Collected

0 (32)

Unknown (6)

Routine Inspections Conducted

Yes (32)

Unknown (6)

Routine Inspections Targeted

Yes (32)

Yes (6)

Unannounced Inspections Permitted

No (47)

No (35)

Unannounced Inspections Conducted

N/A (10)

No (6)

Complaint Mechanism Exists

Yes (10)

Yes (6)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (10)

Yes (6)

During the reporting period, NGO and government officials reported that the enforcement of child labor laws remained challenging due to the legal requirement that the General Agency for Specialized Inspection (GASI) must give employers 48 hours advance notification before conducting an inspection, particularly in the informal sector, which provides employers with enough time to conceal violations. (6,15,30)

During the reporting period, the government and NGOs noted that funding and resources for inspectors remained insufficient. (6,9,48) Many labor inspectors were transferred to full-time COVID‐19 prevention and operations duties for most of the year, and the government cancelled all mining, road, and construction inspections in 2021. (6) Although the FCYDA reported that its child rights officers did not receive any training in 2021, 145 GASI inspectors were trained in addressing and preventing trafficking in persons, including labor exploitation and child labor, under the project co‐implemented by the Mongolian MLSP and the South Korean Ministry of Gender Equity and Family. (6)

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 the required insurance; however, GASI does not have the authority to impose penalties for child labor law violations found in horse-racing. (10,17,18,30) 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. (49,50) In addition, liability for violations related to horse racing appears to extend only to stakeholders and the 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. (49,50)

The government did not publicly release information on its labor law enforcement efforts, including information on labor inspectorate funding, the number of child labor violations found, and whether routine inspections were conducted.

Criminal Law Enforcement

In 2021, criminal law enforcement agencies in Mongolia took actions to address child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including lack of training for criminal investigators.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2020

2021

Initial Training for New Criminal Investigators

Yes (10)

Unknown (6)

Training on New Laws Related to the Worst Forms of Child Labor

N/A (10)

Unknown (6)

Refresher Courses Provided

Unknown (10)

Unknown (6)

Number of Investigations

41 (10)

23 (6)

Number of Violations Found

Unknown (10)

Unknown (6)

Number of Prosecutions Initiated

12 (32)

Unknown (6)

Number of Convictions

Unknown (10)

0 (6)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Unknown (10)

Unknown (6)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (10)

Yes (6)

Mongolian police reported one case of a child in forced hazardous labor. There also were reports of 14 potential underage victims of sexual exploitation who were identified and whose cases were under investigation in 2021. (6)

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. (6,9,17,21,22) 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. (9,12) 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. (9,12,51)

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. (9,10) 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. (9,32,41)

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. (9,32,52) The NPA 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. (10,22,32) 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. (9,13,22,53)

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. (10)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8).

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Committee for Children

Serves as the overall coordinating body for nationwide child protection efforts. Implements the National Program on Child Development and Protection (2017–2021). (6,10) Established in 2018 and headed by the Prime Minister, with the Minister of Labor and Social Protection (MLSP) as deputy head. (6,10) Mandate for the committee was renewed in December 2020 and remained active. (6)

National Anti-Trafficking Sub-Council

Mandate renewed in February 2021. Chaired by the Crime Prevention and Coordination Council. (54) Coordinates government efforts to address human trafficking and monitors implementation of anti-trafficking legislation. (22,52) Functions as part of the Council on Crime Prevention under the Ministry of Justice and Home Affairs. (48) In 2020, 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 interagency coordination of identification and protection of child trafficking victims, and investigation and prosecution of child trafficking crimes. (22) Met once in 2021. (6)

Ministry of Justice and Home Affairs, Crime Prevention and Coordination Council

Coordinates working-level law enforcement efforts related to trafficking in persons. Overseen by the Ministry of Justice and Home Affairs. (22) Remained active during the reporting year. (46)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including a lack of implementation.

Table 9. Key Policies Related to Child Labor

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 the National Action Plan. (16) Coordinates child labor and child protection issues through the MLSP; Education, Culture, Science and Sports; and Health. (16,55) In an effort to advance the National Program on Child Development and Protection, FCYDA accredited 41 NGOs to assist in providing child protection services. (18) During the reporting period, it was reported that no specific funding was allocated for this program. (6)

Child Protection Compact Partnership (2020–2024)

Partnership between the Governments of Mongolia and the United States. (10,22,51,53,56) A $5.5 million cooperative agreement to fight all forms of child trafficking led by World Vision. Works with the Crime Prevention and Coordinating Council and National Sub-Council on Trafficking in Persons. (51,53-57) Objectives include: improving interagency coordination and collaboration of child trafficking investigation, prosecution, protection, and prevention efforts by establishing and maintaining an operational Multi-Disciplinary Task Force under the National Sub-Council on Trafficking in Persons; improving the quality of victim-centered investigations and prosecutions with the goal of increasing the number of effective prosecutions and convictions of child trafficking cases; strengthening the Government of Mongolia's and civil society's capacity to identify victims of child trafficking and provide comprehensive specialized services to victims of child sex trafficking and forced child labor; and increasing efforts to prevent child sex trafficking and forced child labor through school, community, and online mechanisms that educate relevant stakeholders regarding the risks and indicators of child trafficking and increase the capacity of public officials, civil society, and private sector stakeholders to take appropriate action. (53-58) In 2021, created a multi-disciplinary task force representing 18 governmental and non-governmental organizations to implement victim-centered, collaborative, and sustainable approaches to identifying human trafficking victims, especially child trafficking victims. (6,23) Held a bilateral dialogue between U.S. and Mongolian government officials and civil society organizations in November 2021. (59)

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. (9,21,22,52) Implemented and managed by the National Anti-Trafficking Sub-Council. (9,21,22) Aims to strengthen efforts to prevent different types of human trafficking, including the commercial sexual exploitation of children, and improve protective services for survivors by using the internationally recognized principles of the "Four Ps"—prevention, protection, prosecution, and partnership. (13,16,20,22,24,52) During the reporting year, budgeted $141,140 to implement its programs and $117,403 for planned activities, while the remaining funds were redirected to respond to the pandemic. (46)

State Policy on Herders (2020–2024)

Describes the acceptable minimum conditions and criteria for employing children in herding. (60) 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. (61) Revised policy was adopted in 2020; however, changes did not relate to child labor or child protection. (46)

VI. Social Programs to Address Child Labor

In 2021, 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 the inadequacy of programs to address the full scope of the problem.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Children’s Money Program†

Program operated by the General Agency for Social Welfare and Service, General Agency for State Registration, and the 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. (16,62) In 2021, the government provided $35 per child to mitigate some of the economic impacts of the pandemic. (6,30,63)

School Lunch Program†

Government-mandated program that subsidizes meals to encourage low-income children to attend school, particularly at the primary level. (28) Program was halted during pandemic-related school closures and funds were used to provide emergency assistance to children of families in need. (6)

Dream Umbrella*

Coordination Council of Crimes Prevention of Mongolia, in partnership with the IOM, launched a public information campaign to raise awareness among young women on what human trafficking entails, where to report the crime or access reliable and trustworthy information, and how to refer a case or seek help. Funded by the Government of the Netherlands' Ministry for Foreign Trade and Development Cooperation. (64) In March 2021, organized a 21-day public information campaign to raise awareness among young women on what human trafficking entails, where to report the crime or access reliable and trustworthy information, and how to refer a case or seek help. Moreover, during the reporting year shared 98 public posts on the prevention of human trafficking. (46)

* Program was launched during the reporting period.
† 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.

Research found that there is a shortage of long-term stay shelters, and most temporary shelters are not accessible to victims with disabilities. (9,16-18,21,22,30) Although Mongolia has programs that target child labor, the scope of these programs is insufficient to fully address the extent of the problem. (10)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Mongolia (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that laws or regulations define what constitutes light labor work activities for children working at age 13.

2021

 

Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups.

2016 – 2021

 

Ensure that laws adequately prohibit children under age 18 from horse racing at all times of the year.

2017 – 2021

 

Raise the minimum age for work to the age up to which education is compulsory.

2021

Enforcement

Empower the Criminal Police Department to close venues found to be complicit in the worst forms of child labor.

2013 – 2021

 

Publish and increase funding and resources for labor inspectors to conduct inspections.

2014 – 2021

 

Conduct regular labor inspections—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 – 2021

 

Provide sufficient training opportunities for criminal law enforcement officials, including training on new laws related to the worst forms of child labor.

2018 – 2021

 

Permit child rights officers to impose child labor violations related to horse racing without requiring that the child suffer harm to prove a violation.

2021

 

Provide adequate funding for law enforcement agencies and ensure that the procedural checklists used to identify human trafficking victims are used consistently.

2019 – 2021

 

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 – 2021

 

Ensure that child trafficking victims are not fined, arrested, detained, or charged with crimes and administrative offenses as a result of having been subjected to human trafficking.

2020 – 2021

 

Allow anti-trafficking police and prosecutors to work with one another and ensure that evidence related to human trafficking cases is collected to support investigations.

2020 – 2021

 

Address malfeasance in all law enforcement agencies and investigate, prosecute, and convict government officials complicit in the worst forms of child labor.

2020 – 2021

 

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 – 2021

Government Policies

Ensure that activities are undertaken to implement the National Program on Child Development and Protection and the National Program on Combating Trafficking in Persons.

2020 – 2021

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 infrastructure to allow full accessibility options for children with disabilities.

2019 – 2021

 

Ensure that the School Lunch Program is implemented once schools reopen for in-person learning.

2020 – 2021

 

Increase the availability of long-term stay shelter homes.

2019 – 2021

 

Ensure that all government-run, government-funded shelter homes are accessible to children with disabilities.

2019 – 2021

 

Expand existing programs to address the scope of the child labor problem.

2020 – 2021

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  7. UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 3, 2022. For more information, please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
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  8. 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 2022. Please see “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
  9. U.S. Department of State. Trafficking in Persons Report- 2020: Mongolia. Washington, D.C., June 2020.
    https://www.state.gov/reports/2020-trafficking-in-persons-report/mongolia/
  10. U.S. Embassy- Ulaanbaatar. Reporting. January 21, 2021.
  11. U.S. Department of State. Trafficking in Persons Report- 2017: Mongolia. Washington, D.C., June 27, 2017.
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  12. U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. February 12, 2020.
  13. 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
  14. U.S. Embassy- Ulaanbaatar official. E-mail communication to USDOL official. April 4, 2018.
  15. ILO CEACR. Individual Observation concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Mongolia (ratification: 2001). Published: 2021.
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  16. U.S. Embassy- Ulaanbaatar. Reporting. January 30, 2018.
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  24. U.S. Department of State. Trafficking in Persons Report- 2019: Mongolia. Washington, D.C., June 20, 2019.
    https://www.state.gov/reports/2019-trafficking-in-persons-report-2/mongolia__trashed/
  25. The Straits Times. No joy ride: Mongolian child jockeys risk their lives in dangerous horse races despite ban. March 10, 2017.
    http://www.straitstimes.com/asia/east-asia/no-joy-ride-mongolian-child-jockeys-risk-their-lives-in-dangerous-horse-races-despite
  26. Davaasharav, Munkchimeg. Rights groups urge better treatment for Mongolia child jockeys. Reuters, July 14, 2018. Source on file.
  27. Government of Mongolia. Law on the National Naadam Holiday. Enacted: June 19, 2003.
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  28. U.S. Department of State official. E-mail communication to USDOL official. June 30, 2020.
  29. Government of Mongolia. Government Resolution No. 57 (Actions to be taken regarding Horse Racings). January 31, 2019. Source on file.
  30. U.S. Department of State. Country Reports on Human Rights Practices- 2020: Mongolia. Washington, D.C., March 2020.
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  31. 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.
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  33. Government of Mongolia. Government Resolution No. 235- Measures Regarding Inclusive Education. December 23, 2020.
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  35. Government of Mongolia. Revised Labor Law. July 2, 2021. Source on File.
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  37. Government of Mongolia. The List of Jobs Prohibited to Minors (unofficial translation). Enacted: 2016. Source on file.
  38. Government of Mongolia. Criminal Code of Mongolia (Revised). Enacted: 2002. Source on file.
  39. Government of Mongolia. Law on Combating Trafficking in Persons. Enacted: 2012. Source on file.
  40. Government of Mongolia. Law on the Protection of the Rights of the Child with Amendments. Enacted: 1999. Amended: 2003. Source on file.
  41. Government of Mongolia. Criminal Code (Amended). Enacted: July 1, 2017. Source on file.
  42. Government of Mongolia. Combating Pornography and Prostitution Act. Enacted: 1998. Source on file.
  43. Government of Mongolia. Law on Military. Enacted: September 1, 2016.
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  49. Government of Mongolia. Law on Child Protection. Enacted: February 5, 2016. Source on file.
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  51. Unurzul, M. Mongolia-U.S. Child Protection Compact Partnership launches. Ulaanbaatar: Montsame, October 27, 2020.
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  52. 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
  53. U.S. Department of State. Child Protection Compact Partnerships – Mongolia. October 27, 2020.
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  54. U.S. Embassy- Ulaanbaatar official. E-mail communication with USDOL official. March 11, 2021.
  55. ILO CEACR. Individual Observation concerning Minimum Age Convention, 1973 (No. 138) Mongolia (ratification: 2002). Published: 2021.
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  56. AKIpress. U.S., Mongolia sign $5 million child protection compact partnership deal. April 2, 2020.
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  57. U.S. Department of State. Child Protection Compact Partnership Between the United States of America and Mongolia. April 2, 2020.
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  58. U.S. Embassy- Ulaanbaatar official. E-mail communication with USDOL official. July 6, 2022.
  59. U.S. Department of State. United States and Mongolia Convene First Child Protection Compact (CPC) Partnership Bilateral Dialogue, U.S. Commits Additional $500k in Funds. U.S. Embassy in Mongolia, November 21, 2021.
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  63. Bayarjargal, Ariun-Erdene. Mongolia's success and challenges against COVID-19. East Asia Forum, August 13, 2020.
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  64. International Organization for Migration. IOM Launches New Anti-Trafficking Campaign in Mongolia. March 5, 2021.
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