CERD/C/MNG/CO/18
page 4
18.
While noting that the State party has been cooperating with the Office of the
United Nations High Commissioner for Refugees (UNHCR), the Committee is concerned
that the State party has yet to enact legislation on asylum matters and to introduce an
asylum-determination procedure. It also regrets the lack of information provided by the State
party on refugees and asylum-seekers residing in Mongolia, including information on
unaccompanied asylum-seeking minors, given that under article 19 of the Law on the Legal
Status of Foreign Citizens (1993), children without accompanying guardians are
automatically denied entry into Mongolia upon arrival (art. 5).
The Committee requests the State party to provide in the next periodic report
updated information relating to the treatment of refugees and asylum-seekers,
including information on rules and procedures governing the treatment of
unaccompanied asylum-seeking minors. The Committee recommends that the
State party take effective measures to guarantee the rights of asylum-seekers to
information, interpretation, legal assistance and judicial remedies, and invites
the State party to consider ratifying the 1951 Convention relating to the Status of
Refugees and its 1967 Protocol.
19.
The Committee, while commending the serious efforts of the State party to reduce
poverty, including the enactment, in 2003, of the Law on Management and Finance of the
Regions Development, remains concerned about the significant disparities in the enjoyment
of economic, social and cultural rights that persist in the State party, particularly affecting
ethnic groups in rural and remote areas (art. 5 (e)).
The Committee recalls that the low level of economic, social and cultural
development of certain ethnic groups as compared with the rest of the
population might be an indication of de facto discrimination, even if it is not the
direct result of a deliberate effort by the Government to prevent part of its
population from enjoying its rights. It therefore recommends to the State party
that it conduct studies with a view to assessing and evaluating the level of
enjoyment of economic, social and cultural rights by different ethnic groups in
the State party.
20.
While taking note of the explanations provided by the State party that in practice,
non-citizens are not prohibited from changing employment provided that they inform the
relevant agency, the Committee is concerned about article 11.3 of the Law on the Legal
Status of Foreign Citizens (1993) which prohibits non-citizens from entering into a new
labour contract prior to the expiry of the contract with which he/she entered Mongolia.
Furthermore, the Committee seeks clarification of the law and practice permitting
employment of non-citizens in the public service in light of its general comment 30 on noncitizens (art. 5 (e) (i)).
The Committee recommends that the State party amend the relevant articles of
the Law on the Legal Status of Foreign Citizens (1993) to ensure that noncitizens are able to freely exercise their right to seek alternative employment
except where the authorization of residence is expressly dependent upon the
specific remunerated activity for which they were admitted. The Committee also
encourages the State party to ratify the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families.