3.
Principal subjects of concern
560. The Committee expresses concern about the fact that certain drafts
pending before the legislature (Jo not fully conform with the provisions of the
Covenant, particularly with respect to freedom of movement. Problems in this
regard relate, in particular/ to grounds on which passports may be issued, and
to clauses dealing with exit visas, particularly in respect of holders of
State secrets - which are incompatible with article 12, paragraph 3, of the
Covenant. The Committee is also concerned as to the planned retention of the
internal residence permit (propiska) system. The retention of the death
penalty for many offences, even though limited in application, is also of
concern to the Committee. The retention of the classification of persons
belonging to any religion, in particular the Jewish faith, as a distinct
nationality is also without justification. In many areas not covered by new
legislation, much depends on the good will of the authorities, with the danger
still present that the latter would be unduly influenced by certain attitudes
inherited from the past.
4.
Suggestions and recommendations
561. The Committee considers it to be particularly important that
constitutional and legislative reforms should be expedited and that they
should be in full conformity with the existing international standards
enshrined in the International Covenant on Civil and Political Rights. In
drafting new legislation affecting human rights, special attention should be
paid to the establishment of effective judicial guarantees for the safeguard
of civil and political rights. Attention should be paid in all legislation to
ensure that any limitations on human rights are in strict conformity with the
limitations to those rights permitted in the Covenant. Existing provisions
limiting or restricting freedom of movement, including the requirement for
exit visas and the clause relating to holders of State secrets, should be
eliminated from pending legislation to bring it fully into conformity with
article 12, paragraph 3, of the Covenant.
MONGOLIA
562. The Committee considered the third periodic report of Mongolia
(CCPR/C/64/Add.2) at its 1155th to 1157th meetings, held on 16 and
17 July 1992 (see CCPR/C/SK.1155-1157). (For the composition of the
delegation, see annex VIII.)
563. The report was introduced by the representative of the State party, who
pointed out that since the presentation of the second periodic report Mongolia
had undergone significant changes reflecting a transformed international
situation. At its session in January, Mongolia's highest representative body,
the Great Khural, had adopted a new constitution. This new Constitution had
the support of the public at large and signalled a commitment to
democratization. The Government had conducted an evaluation of the internal
and external situation in order to devise appropriate measures for the
development of the country and the establishment of a political order based
upon the principles of humanism and social justice. Many steps had already
been taken towards the improvement of the standard of living for workers and
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