the establishment of a market economy well integrated into the world economy.
Since the presentation of its second periodic report/ Mongolia had become a
party to the Optional Protocol and adherence to the Convention against Torture
and The Hague Convention on Civil Procedure was at present under active
consideration in Parliament.
Constitutional and legal framework within which the Covenant is implemented;
non-discrimination and equality of the sexes? and state of emergency
564. With reference to those issues, members of the Committee wished to know
if there had been any change in the status of the Covenant within the
Mongolian legal system brought about by the new Constitution; to what extent
the provisions of the Covenant had been taken into account in the process of
adopting the Constitution and amending legislation; what the relationship was
between the Supreme Legislative and Executive Organs of Mongolia and what
their respective roles were in so far as the implementation of the Covenant
was concerned; whether the role of the Procurator's Office had changed under
the new Constitution and laws; and what cases, if any, there bad been during
the period under review where the provisions of the Covenant were directly
invoked before the courts or referred to in court decisions. Additionally,
members of the Committee wished to have information on measures taken to
compensate victims of past violations of human rights; the activities of the
Commission on the Rehabilitation of Persons Subjected to Unlawful Repression;
and the nature of compensation being offered to citizens who had suffered
damage through a wrongful conviction, wrongful prosecution or wrongful
detention in custody. Members of the Committee also wished to know in which
respects the rights of aliens, who did not benefit from the special agreements
mentioned in paragraph 9 of the report, were restricted as compared-with those
of citizens.
565. In addition, members of the Committee wished to know what the position of
the Covenant was in regard to domestic law and whether the provisions of the
Covenant prevailed in cases of conflict between the two; how the provisions of
the Covenant had been publicized and disseminated; how the general public had
been made aware of its rights under the Optional Protocol and what mechanism
was foreseen for following up communications presented under this instrument;
how recent economic and political changes had affected the equality of the
sexes and what measures had been taken thus far to eliminate discrimination in
this regard; and what measures had been taken to ensure freedom from
discrimination on the basis of political opinion. Members of the Committee
also wished to have further clarification concerning the grounds for declaring
a state of emergency, and about the rights that could subsequently be
suspended and those that could not be derogated from.
566. In reply, the representative of the State party noted that the provisions
of the Covenant had been taken into account during the drafting of the new
Constitution as well as the many new laws and regulations now coming into
force. Considerable effort was being made to ensure that new legislation was
drafted in conformity with the provisions of the Covenant and other
international human rights instruments. With regard to the position of the
Covenant in Mongolian law, the new Constitution accorded supremacy to
international law over domestic law. Under article 10 of the Constitution,
the provisions of international treaties were effectively incorporated into
domestic law upon entry into force of the instrument concerned. Legislation
-135-