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.

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