CERD/C/MNG/CO/18
page 3
relevant provisions of the Law on the Legal Status of Foreign Citizens (1993) so
as to ensure that its immigration policy does not have the effect of discriminating
on the basis of nationality.
14.
While the Committee acknowledges the recent progress made by the State party in
the adoption of new legislation, the Committee remains concerned about the absence of
legislation and regulations on racial discrimination in the civil and administrative fields (art. 2
(1) (d)).
The Committee reiterates its previous recommendation that the State party
should give serious consideration to enacting comprehensive legislation to
prevent and prohibit racial discrimination, including the provision of effective
remedies against racial discrimination in civil and administrative proceedings.
15.
While noting the statistical information provided by the State party on the
representation of the different ethnic communities in Parliament, national and local
government, the judiciary and the police, the Committee remains concerned about the low
levels of representation of minority groups in the police force (arts. 2 (2), 5 (c) and 7).
The Committee recommends that the State party consider adopting measures to
ensure that ethnic minorities are duly represented in State institutions and the
public administration, including special measures aimed at achieving adequate
representation of all ethnic groups in the police force. Furthermore, in line with
the Committee’s general recommendation 13, the Committee urges the State
party to provide specific training to law enforcement officers to ensure that, in
the performance of their duties, they respect and protect the human rights of all
persons without distinction as to race, colour, descent, or national or ethnic
origin.
16.
The Committee notes the absence of provisions in domestic law declaring illegal and
prohibiting organizations which promote and incite racial discrimination (art. 4 (b)).
The Committee draws the attention of the State party to its general
recommendation 15 on organized violence based on ethnic origin and invites the
State party to adopt legislation to fully implement the provisions of article 4 (b)
of the Convention.
17.
Following the State party’s statement that the rights of non-citizens are granted on
the basis of reciprocity, the Committee is concerned that the rights and freedoms guaranteed
under article 5 of the Convention may not be fully available to non-citizens in Mongolia to
the extent recognized under international law (art. 5).
In light of general recommendation 30 on non-citizens, the Committee urges the
State party to take all necessary measures to prohibit and eliminate racial
discrimination in the enjoyment of civil, political, economic, social and cultural
rights and to guarantee equality between citizens and non-citizens in the
enjoyment of these rights to the extent recognized under international law. The
Committee wishes to receive information in this regard in the next periodic
report.