| Baseline
Report to the IWRAW -Asia Pacific
Ulaanbaatar
INTRODUCTION
Mongolia is located in the center of Asia. The
population is 2.4 million, one quarter of the population resides
in its capital city of Ulaanbaatar. Mongolia is divided into 21
aimags, 343 sums, 1400 bags. Ulaanbaatar consists of 9 districts
and 122 khoroos. 55 per cent of population lives in urban areas
and 45 per cent in rural areas. Density of the population is 15
persons per 1000 hectares.
According to 1998 statistics 50.4 per cent of
the population is female. Population over 70 years of age is 56.729,
of which 58.7 per cent are women. In 1998 life expectancy was 64
for men and 69 for women. Mongolian women live in average five years
longer then men. However, according to the existing legislation,
they can retire from five to twenty years earlier than men.
The position of women in history of Mongolia
Extensive nomadic livestock breeding dominated
in the country for many hundreds years. Traditional lifestyle determined
by the needs of household production excluded women from public
life. Although women’s role and status in domestic matters and livestock
breeding were important, women’s status outside of household was
low and their political and spiritual rights being denied. The People’s
Revolution of 1921 brought major changes for Mongolian women. They
become literate and were provided with opportunities to participate
in the political, social and economic life of the country. The first
Constitution of Mongolia adopted in 1924 stated that ‘all citizens
of Mongolia are entitled to equal rights irrelevant of their ethnic
origin, religious belief or sex’. Arranged marriage for women was
prohibited by the law in 1925. At the same time, women received
the right to vote and to be elected. Women’s civil rights were enshrined
in the legislative documents of 1926.
In the years of the people’s revolution women
received primary, secondary and tertiary education much the same
as men. Furthermore, they worked in the all sectors of the public
sphere similar to men. Yet this did not extend to decision making
where men still dominated top management, as prescribed by social
norms and customs. Due to gender quotas set by the ruling communist
party, token women were represented in the State Ikh Hural (parliament)
at the levels as high as 20-23 per cent. Only one or two women worked
as a deputy Ministers and no woman was a Minister.
Under centrally planned economy socialist state
guaranteed employment and implemented a formal equitable labor policy.
However, so-called women’s occupations have been formed when health
care sector, education, child daycare and other sectors were dominated
by female workforce.
During this period, the policy of the ruling party
and government in regard of women was mainly directed towards social
assistance to women, particularly their health and living conditions.
In the 1960-1970s many progressive measures were taken such as the
creation of jobs for women, adoption of a list of posts for women,
organisation of advanced professional training and application of
pension and benefit schemes favourable to women, including provision
of generous support for child care, maternity leave and free universal
maternity care. These measures have obviously helped women in building
up their own social roles and identities. On the other hand, they
were manifestation of an attitude that women are not active participants
of social development, but passive recipients of social wealth.
Such vision of women’s role and place has not been changed in the
transition to a market economy as well.
Position of women in the transition period
Transition to democracy and an open-market economy
has started in 1990. Multi-party system was established and political
pluralism is allowed. The new democratic Constitution of 1992 guarantees
freedoms and human rights for all citizens. New types of property
have led to emergence of formal and informal sectors based on the
private property alongside with the state property. Self-employed
group of population has been formed, engaged in diverse activities
on demand of the market. In rural areas, privatization of livestock
has led to formation of the self-employed group of herders. According
to data obtained by Women’s Information and Research Centre (WIRC)
in their survey conducted in 1996-1997 in five regions of the country,
including Ulaanbaatar with 3100 participants women constituted 55.8
per cent of the state sector employees, 46.2 per cent of the private
sector employees, 58.9 per cent of the mixed property sector employees,
41.0 of the companies with foreign investment employees and 35.5
per cent of the non-governmental sector employees. Official 1997
statistics show that herders formed 48.6 per cent of the economically
active population. Male female herder’s ratio amongst respondents
of the WIRC’s above-mentioned survey was 54.8:45.2. Whereas 62.2
per cent of female herders have themselves chosen this path of employment,
male herders did this in 64.7 per cent, 15.6 per cent of women were
forced to this because they lost their jobs (for men - 11.9 per
cent), 9.4 per cent of women - by parental decision and 7.5 per
cent - through marriage to herdsman, 2.5 per cent - because of privatization
of livestock ( for men - 4 per cent) and 2.5 per cent of women named
other reasons for becoming herders.
With democratic transformation of the society
people of Mongolia have got broad opportunities for development.
However, emerging evidence suggests that the austerity program and
structural reforms launched under the transition to a market economy
has led to a gradual deterioration of social services and the retrenchment
and unemployment.
Position of women has been significantly deteriorated
as they have borne costs of the transition disproportionately. They
suffer from higher rate of unemployment, inadequate health care
services, low access to loans and information and poverty. Poverty
is most apparent in lives of female headed households, number of
which has been doubled from 1990-1997 and now have reached 54,530.
One fourth of these are poor women with 6 or more children. Prostitution
and trafficking in women are new social phenomenon in the Mongolian
society.
a/ Political participation of women
Since 1990 together with men Mongolian women have
been actively involved in the democratic transformation of the society.
Since 1992 women have started to unify their efforts in the struggle
for their political, civil, economic and social rights. Now more
than 40 women’s NGOs direct their efforts to ensure full enjoyment
by all women of their legitimate rights.
Although the Constitution of Mongolia assures
equal rights of men and women in all spheres, women’s participation
in political, social and economic decision making in comparison
with men’s is significantly lower. In the first democratically elected
Parliament in 1992 number of women dropped to 3.9 per cent since
1990 and significantly decreased at local level. Currently, women
constitute 10.5 per cent in the Parliament and 11 per cent in the
Government. There are no women amongst aimag and city governors
and only 2.4 percent of sum and district governors are women. Women
make up 6-13 per cent of elected representatives at all levels of
the local hurals and 4-8 per cent of the Presidium of the Representatives
at the local hurals. There are no female Chair of the local hurals
at all. In the judiciary, women form 70 per cent of all legal professionals,
however, they constitute only 17.5 per cent amongst Supreme Court
Judges.
b/ The position of women in economy
During the current transition to an open-market
economy, privatization, retrenchment and structural adjustment have
been disproportionately borne by women.
Women were the first to be laid off upon closure
or restructuring of the processing (light) industries, services
and trade, those traditional industries where they were predominant.
Life for the majority of them has worsened. Particularly women under
35 make up 52 per cent of unemployed people in 1998. Another example
is that after disintegration of government owned agricultural farms
and privatization of their livestock and machinery, more than 20,000
trained women lost their jobs.
At the same time, about 20,000 women aged 35-55
were pushed to early retirement on the grounds of having given birth
to 4 or more children. Apart from causing significant financial
and psychological loss it harmed them in many other ways. For example,
having been pushed to early retirement, under current Social Security
Law they forfeited their pensions which were replaced by small compensation
of 6000-13000 MNT (6-13 USD) per month. Such amount puts these women
at the extreme poverty level.
Government has failed either to generate new jobs
for these women or to provide them with loans or aid. Furthermore,
no policy was implemented on training or retraining in order to
improve skills or change profession through formal or informal education.
Opportunities outside the state sector are fewer
for women than for men. Loans from the government or international
organizations can be obtained if proper mortgage or acquaintance
(personal contact) in a bank is available. However, many women willing
to and capable of running their own small or medium size private
business have been unable to get any loans. Women cannot get large
loans as they refuse to give bribes, so they cannot enjoy fully
their economic rights. This happens despite the National Programme
of Action for the Advancement of Women saying that "mechanisms
ensuring equal opportunities and improvement of women’s participation
in distribution and ownership of property, loans, technologies and
information should be created".
Under Mongolian laws foreign investors enjoy customs
and income tax exemptions in the first three years of operation,
but Mongolian citizens do not enjoy such advantages. Domestic business
owners, particularly women, suffer from unfavorable conditions and
are unable successfully develop their services or trade. Opportunities
for obtaining small-scale loans for job generation and building
up working capital continue to be limited for women.
Recent privatization of livestock has allowed
herders to meet their needs for food and other goods, however, the
workload of women-herders has been significantly increased. Female
herders now spend more time on processing products of animal husbandry,
child-rearing activities and household work. Rural women are restricted
in their enjoyment of their legitimate rights in terms of working
hours, wages and paid annual leave. Moreover, their contribution
in the economic development has not been recognized and rewarded
properly. They have been denied maternity leave and child care benefits.
Burden of women has been significantly increased
in general. Because of high rate of inflation women have to work
more hours to earn additional income. Public servants have to run
private businesses after office hours. Domestic responsibilities
and need for household subsistence contribute in such double and
even triple burden of women.
Self-employment makes a significant contribution
to the household and national economy. However, in the new for Mongolia
informal sector labour protection is poor and people are not satisfactorily
covered by social and medical insurance. Majority of self-employed
women can’t get paid maternity leaves and other benefits related
to reproductive function.
c/Education of women.
Mongolian women possess professional qualifications
in agriculture, science and other sectors similar to men, and in
some sectors their number even prevails. According to 1998 statistics,
a total of 502,300 people studied in primary, secondary and tertiary
education institutions. 10.1 per cent of these students or 50,900
studied at university and college level. Female students comprised
62 per cent of all postgraduate students, 68.1 per cent of undergraduate
students pursuing bachelors degrees, 84 per cent of students pursuing
study leading to a Diploma and 52-54 per cent of those who studied
in vocational and secondary schools. However, it is unclear how
resources that have been invested into their education and human
potential of those educated women are going to be fully used in
meeting the needs and demands for development of our society.
d/ Violence against women.
In recent years the growing problem of violence
against women in the domestic sphere has attracted public attention.
It is one of the serious reasons restricting women’s participation
in political, economic and social life. In a survey conducted by
the National Centre Against Violence in 1998 amongst 300 women in
6 districts of Ulaanbaatar one in three women has experienced violence.
On the question of how domestic violence affects participation in
public life 30.3 percent of respondents replied that it decreases
interest to work, 22.7 percent that it affects self-confidence,
20 percent - affects their social status and that they lose respect
from colleagues, 9.7 - loss of patience, 17.3 per cent named another
consequence (lower participation in public activities, lower access
to information, loss of friends and colleagues)
Article 16 (14) of the Constitution of Mongolia
provides that citizens shall enjoy the right "not to testify
against ... family, or parents and children". Women-victims
of domestic violence ‘enjoy ‘ their right that creates a good legal
environment for perpetration of domestic violence crimes against
themselves, children and other members of family.
Another problem faced by women is unspoken but
widespread sexual harassment at workplace. Cultural attitudes and
dependence on employer caused by lack of jobs in general prevents
an active struggle against this form of violence against women.
64.6 per cent of men did not face any form of
discrimination or restriction at the workplace, but only 43.8 per
cent of women could say the same. 5.2 per cent of men and 7.5 per
cent of women experienced discrimination on the basis of age. No
men experienced gender discrimination but 8.8 per cent of women
saw it. Discrimination on physical appearance "attractiveness"
men was 4.3 per cent, women - 5.2 per cent; by wealth men - 5.9
per cent, women - 6.88 per cent. 34 per cent of male respondents
and 56.1 per cent of females stated that they victims of violence.
3.3 per cent of men and 10.2 per cent of women suffered from psychological
abuse, 10.8 per cent of men and 12 per cent of women - from economic
violence, 1.3 per cent of men and 4.2 per cent of women - from physical
violence, 7.8 per cent of men and 8.1 per cent of women - from violence
at work, 0 per cent of men and 1 per cent of women - from sexual
violence.
TWO. EVIDENCE OF DISCRIMINATION/ DISPARITY.
- Women suffer more than men from unemployment.
Discrimination by gender is one of major problems
faced by women in employment.
According to the data issued by the State Statistical Office of
Mongolia by the end of 1998, women constituted 49.7 per cent of
the working age population, 49.7 per cent of the economically active
population and 46.7 per cent of employed. However, they constitute
52.2 per cent amongst unemployed. Women’s labour force participation
rate dropped to 68.5 per cent and employment population ratio -
to 63.2 per cent. These indexes have constantly decreased during
the last five years. For example, women’s employment population
ratio has dropped from 67.6 per cent in 1992 to 60.5 per cent in
1998. Although the number of working age women has increased by
1.4 per cent each year in the last five year period, the number
of employed women has decreased by 1.2 per cent in 1995 and by 16.7
per cent in 1996. In 1998 the situation was similar. Overall unemployment
increased by 14.9 per cent but women’s unemployment increased by
16 per cent. Statistical data shows that women’s unemployment rate
has been constantly higher than men’s during the transition period
and that majority of unemployed women are women aged 16-39,. According
to 1998 statistics men’s unemployment rate was 5.2 per cent, but
women’s was 6.4 per cent.
Another form of gender discrimination is discrimination
associated with age and physical appearance. Numerous advertisements
on job vacancies requiring smart appearance (being tall and pretty)
have been dispersed through media, particularly those related to
jobs in services. For example, an advertisement saying that "smart
women of 18-25 age, height no less than 165 centimeters are invited
to apply for the positions of shop assistants and bar waiters"
was published in the central newspaper. Such provisions do not apply
for men.
It is difficult for a woman aged 35 to get job
in the both public and private sectors. For men such limit is imposed
after age of 45. Such people are considered as more qualified workers,
but on the other hand, being able to demand their rights they are
potentially dangerous for employers. Employers in both formal and
informal sectors discriminate women on the basis of their gender
and age. Ministries, banks, companies prefer to hire young male
graduates of schools to their female peers and even to experienced
female applicants. Case: The district court has hired a recent male
graduate of Law School of the Mongolian National University and
denied 37 old female legal professional on the grounds that young
people are more flexible and are not overloaded by their family
responsibilities. Trend to hire male workers is widespread in Mongolia.
- Women are dismissed first as a result of privatization and
structural adjustment;
Many people of working age, physically fit and
willing to work were forced to retire due to structural adjustment
and privatization. The majority of them were women who were pushed
to retirement because they gave birth to 4 and more children which
meant that the retirement age was reduced to 45 or lower. Some of
these women were even aged 36. Now they are entitled to the tiny
compensation and according to data received from the Bayanzurkh
district of Ulaanbaatar city about 80 percent of all recipients
are women.
In the sectors where women’s participation is high, namely trade,
services, light industry and education, women make majority amongst
job losers due to structural adjustment. For example, out of 109
persons who lost jobs of teachers in the Bayanzurkh district of
Ulaanbaatar City during restructuring in the education sector 72
(or 66 per cent) were women. This is the situation in the only one
site. According to statistical data, during 1992-1995 a number of
men amongst those who lost jobs constituted 37 percent and women
– 63 per cent.
- Lower position of women in employment
Women in general work at junior and middle auxiliary
positions and are concentrated in the lower income sectors of public
and private sector. According to the data from the survey conducted
by the WIRC in 1997 only 6.8 per cent of women employees were at
top managerial positions, 43.8 per cent at middle positions and
49.1. per cent at auxiliary positions.
Again, from the 1997 WIRC’s survey amongst all public servants at
the provincial level women constitute 39.6 per cent and men – 60.1
per cent. Women make up 17.1 per cent and men – 82.9 per cent of
senior managerial positions in the aimag governmental structures.
Women have not been promoted even in the sectors
there they have been traditionally dominated. Despite the fact that
female employees constitute 70 per cent in the public education
schools men dominate in the management and make up 90 per cent of
all directors of schools.
Another evidence of gender discrimination is concentration
of women in the low paid jobs. Women occupy lower positions in the
job hierarchy and men occupy more prestigious jobs that offer higher
pay. As women occupy lower positions in the job hierarchy their
salaries are correspondingly lower. Disparity in incomes also exists
in the informal sector. According to the survey conducted by The
National CEDAW Watch Network Centre in 1999 on 300 people engaged
in the informal sector in 6 districts of Ulaanbaatar City women’s
incomes were lower than of men. By the size of income 6.6 per cent
of women and 10.1 per cent of men were earning more that 100,000
MNT per month, 33.6 per cent of men and 45.8 of women were earning
less than 100,000 MNT. Self employed women with income of 20-50
thousands MNT constituted 67 per cent and men with the same income
– 33 per cent. Another evidence of gender discrimination is concentration
of women in the low paid jobs. than 200,000 MNT constitute only
22 per cent compared to 78 per cent that of men. This clearly shows
that men prevail in higher income jobs compared to women in the
self-employed sector analogously to the formal sector.
Discrimination against women is revealed in job
segregation. Men dominate in agriculture, industry, construction,
transport and communications sectors where they constitute 54-63
per cent. Women prevail in trade, services, education and health
sectors where they make up 52-67 per cent.
According to the Mongolian legislation women and
men receive the same remuneration for the same work, but men are
receive mainly at higher pay and higher post jobs whereas women
predominate at low pay, middle and auxiliary position. For example,
70 per cent of teachers and medical doctors and almost 100 per cent
of workers of nurseries and childcare institutions are women.
The implementation of this provision is particularly difficult
for rural women. Their working day lasts at least 12 hours, however
their labour has not been properly recognized for many years. They
are excluded from rare social and cultural events, conferences and
forums, which are attended mainly by men. Men also receive almost
all awards for the results of joint work. For example, amongst 518
participants of the conference of best herder’s in October 1998
there were only 28 women (5.4 per cent). Title of the ‘head of household’
traditionally of the oldest male member of the household demands
men to take part in various meetings and receive awards whereas
women stay at home and perform their traditional housekeeping duties.
- Women have lower promotion opportunities.
An important problem related to women’s employment
is the lack of opportunities for promotion and building a professional
career. According to the data obtained from the Political Education
Academy, women constituted less than 20 per cent out of more than
ten thousand graduates of its retraining courses in the last 5 years.
Retraining of women in various professional fields as well as providing
training in new occupations have been left outside of policy. So
the number of women, who have access to such training, is very low
and during transition period mainly men have attended in-country
and out-country training and retraining schemes.
Currently there is no gender segregated or disaggregated statistical
data on training of women working in the formal sector. However,
according to data obtained by the National CEDAW Watch Network Centre,
25.3 per cent have been attending retraining courses using their
own savings, 50.7 per cent of them were men and 49.2 per cent -
women. 74.6 per cent of all respondents replied that they have no
opportunity to get training (48.3 per cent men and 51.6 per cent
women). The reasons for this they described as financial constraints,
need to look after children, poor opportunities in the family or
temporary hindrances.
- Women’s work is less recognized in the public sphere
Women have been inadequately rewarded by the State for results
of their work. They have been less visible in the public sphere
and their enormous work in the households has not been recognized.
For example, number of female Heroes of Labour is significantly
lower than that of males.
Women’s workload is higher than of men’s but rural male herders
have received more awards from the State in recognition of their
work compared with women.
- Women receive less remuneration throughout their work life
than men
Women receive less income for their contribution
in society over a shorter period compared to men because of their
reproductive work Average working life lasts 35 years, a woman with
three children works 29 years, including 6 years in average spent
for child bearing and child-rearing work. If 35 years remuneration
for work is 16.470 USD (average 40.000 MNT per month), a woman would
receive 13.647 USD or 2.823 USD less. However, actual work hours
for men and women are correspondingly 102.200 and 166.075 clearly
showing that women work 63.875 hours more.
Different retirement age for men and women is set by legislation;
55 - for women and 60 – for men.
According to the Pension’s legislation (1999)
men aged 60, women aged 55, and women who gave birth to four or
more children and who paid contributions for no less than 20 years
into Pensions Fund are entitled to receive an old age pension. This
legislation treats people of different sex in a different way and
reflects traditional attitudes or the protectionist approach.
Given the fact that size of the old age benefit
is too low majority of elderly cannot survive without support of
children and suffer from poverty in a larger extent. Size of the
benefit depends on the wages that an individual was earning before
his/her retirement. As men occupy mainly senior positions with higher
pay their pensions are also higher. For example, Mr. Gurjav, retired
professor of the University receives 38,000 MNT (he holds a Doctorate
degree and worked as a dean, head of Department and teacher for
30 years) and his wife, medical doctor (she worked as a practitioner
for 30 years as well) receives 18,000 MNT. Therefore, old women
belong to one of the most vulnerable groups of population. Majority
of retired women have to look after grandchildren and thus are locked
in the private sphere, they continue to fulfill invisible household
work and to contribute to the household income.
- Women have been prohibited from recruitment in the many jobs
with so called ‘harmful and heavy work conditions’. This list
adopted by the Government seriously limits free choice of profession
for women as prohibits women’s employment for all pregnant and
non-pregnant women. Men are allowed to get employed in all professions.
Most of these jobs are well paid and are given to men exclusively.
Government does not take measures to improve safety at above-mentioned
workplaces in order to allow women get employed there.
- Pregnant women are prohibited from work in conditions exposed
to harmful chemical’s poisons or cold or hot temperatures.
No measures are taken to improve work conditions or providing
those women with equally paid other kinds of work. Women are restricted
from such jobs that usually paid better. This imposes serious
restrictions on their free choice of work.
- Pregnant and child rearing women almost denied right to be
hired and often they are dismissed for being "unsuitable"
for business interests.
A 27 years old female journalist from Erdenet with 5 years work
experience and professional achievements has been refused for a
promotion for the post of head of local TV on the basis that she
was too young and had a baby. Her professional merits have not been
considered and a 35 years old male with no professional education
in the field has been appointed. Employers won’t hire a pregnant,
breast-feeding woman or women with young children.
At recruitment some trade, production and service employers require
women not to have children in the future and in the informal sector
getting pregnant causes dismissal of women from their jobs. For
example, some employers orally demand women not to get pregnant
during their contract term.
- Mothers do not receive an adequate maternity benefit.
Motherhood is not seen as a work for society, an amount of the
maternity benefit is lower than their wage; Unemployed women who
live under poverty line receive a tiny amount from the Social
Welfare Fund. Women engaged in the informal sector, including
herder women, are not entitled to any benefit for child bearing
and child rearing. Almost all of them escape from paying social
insurance contributions. Women after returning to a job after
2 years child care leave often are denied to re-enter job despite
of provisions of the law that prohibits such refusals.
27 years old Jargalmaa gave birth in March 1996. According to the
law she enjoyed both maternity leave and 2 years child care leave.
On expiry of this leave she wanted to return to her post of accountant
in the government office in province. She was suggested to stay
for another year to look after her child and she agreed. In 1999
she was offered a cleaner’s job at the same office, because another
accountant has already filled her position. Such violation of the
Labour Code often occurs in the rural areas where fewer jobs available
and population is not used to claim their rights in the court.
- Discriminative legislation as an example of laws, regulations,
instructions reinforce social stereotypes on what sort of jobs
are suitable for women
Article 16 (11) of the Constitution of Mongolia states that "men
and women shall have equal right in political, economic, social,
cultural fields and in family affairs" and legislation says
that both parents have equal rights and duties in bringing up their
children.
However, traditions that impose child-rearing activities only on
women are still strong in the society. Moreover, Articles 80, 82,
83 of existing Labor Code and Articles 100-108 the new Labor Code
(to come into force on 1 July 1999) imply that women only have right
to child care of new born children and children up to three years
age, by prohibiting dismissal of such mothers. Article 102 (1) states
that pregnant woman and women with children of up to 8 years age
cannot be employed in the night shifts, over time or be sent to
another location unless they give their permission. Such provisions
are manifestation of the protectionist approach towards women and
part of restrictions of men’s rights in bringing up their children.
They also cause discrimination in admission of women to work. It
is a violation of the principle of joint parental responsibility
in the existing legislation. Such provisions legalize biased approach
in considering childcare duties as a prerogative of women only.
They also seriously limit those men who are interested in contributing
into children’s up bringing.
FACTORS CONTRIBUTING TO DISCRIMINATION:
Women face discrimination in employment due to
social attitudes based on traditions, customs and stereotypes of
women reinforced by socio-economic conditions of the transition
period.
Collapse of the entire social, political and economic
system in the country in the early 1990s has turmoiled lives of
all population without any except. Closure of state owned industries
due to economic crisis and structural adjustment in all sectors
has led to reduction of workplaces in general and high rates of
unemployment. Many women were dismissed first, mainly from the medium
and junior level positions. According to the survey conducted by
the TCEDAWWNC in 1999 on 300 people involved in informal business,
30.2 per cent of female respondents and 17.6 per cent of male respondents
have been forced to this extremely insecure sector because of retirement,
structural adjustment, manager's attitude and because of their gender.
Another important factor that has affected women's
employment pattern was massive closure of state-owned childcare
facilities. During period of 1990-1996 the number of childcare centers
has dropped from 441 to 38. Day care premises have been privatized
for use for other purposes such as bars, restaurants or business
entities. Additionally, deterioration of day care services, particularly
food and childcare activities, have affected parental willingness
to send children to childcare. The idea of bringing up children
in the social institutions has been discredited after failure of
socialist system when parents have preferred to bring their children
within the family. All these factors have pushed women, particularly
women under 35, to be engaged mainly in the unpaid and undervalued
work as childcare and housekeeping and, further, estrange them from
the public sphere.
Overall economic crisis in the country has been
combined with growth of new private and informal sectors in economy.
Such newly established entities and organizations suffer from weak
economic and organizational structure and lack of managerial skills.
They usually show low respect for the law. Having limited possibilities
or willingness to improve work conditions employers establish own,
arbitrary policies in employment. On the other hand, state has no
strong working mechanism for the implementation of the law and control
over these newly mushroomed entities.
Poor law enforcement. According to the survey
conducted by the MWLA on the results of the last 5 years criminal
court judgements show that no employer has been punished for the
unlawful dismissal of pregnant or breast feeding women. That fact
manifests that such claims are adjudicated only according to the
Civil Code. Women mainly remain out of jobs.
According to the survey by the National CEDAW
Watch Network (1999) 65.6 per cent of female respondents employed
in the informal sector said that jobs would not be kept as this
depends exclusively on the personal opinion of employer and unstable
socio-economic and political situation in the country.
Discriminative trends not to recruit women on
the grounds of gender that were flourishing under the previous system
have been reinforced during current transition period. Women as
a weak sex are seen as auxiliary labour force in the public sphere.
According to traditions women's role in household is seen as more
important and their potential contribution into development of the
society is under-estimated. Proverb like "women's hair is long
and mind is short" is a bright manifestation of cultural stereotypes
predominating in Mongolian society towards women's place in society.
This attitude is spread widely in folks, films and is cultivated
through mass media.
Main gender stereotypes affecting women's employment
relate to childbearing and child-rearing responsibilities that are
considered as solely women’s responsibility. This is reinforced
by the law that reflects cultural attitudes. According to the Labour
Code of Mongolia only mothers are entitled for childcare leave,
fathers receive such leave only if they are single. Statistics clearly
shows that women constituted 89.2 per cent of all people engaged
in childcare, 72.6 per cent – of those who looks after elderly,
disabled and sick. Women (72.3 per cent) could not take job because
of their spouses work peculiarities compared to men (27.7 per cent).
Double burden of women as they are engaged in
paid employment and work more hours in the household is explained
by social attitude that considers household activities as women’s
responsibility For example, rural women in general work 6 hours
more in the household compared to their spouses and in urban areas
– 3 hours more.
Common social attitude to women as weak sex is
shown in the protectionist legislation towards them. Apart of prohibition
of certain high paid jobs for women they retire 5 years earlier
than men.
Cultural attitudes restrict women's political
participation when political activity is seen as men's prerogative.
Their membership in political parties, particularly in the top management
bodies, is still significantly lower than men's. After democratic
election 1996 discriminative trend for recruitment of politically
loyal employees at all levels, including both private and public
sectors, has affected women more than men. Many women were dismissed
during this period from medium and junior level posts for being
non-partisan. Similarly women have less opportunities for promotion
at job. Stereotype of women worker and men manager is revealed in
low opportunities for women to get professional training, retraining,
advanced training or leadership training.
Training is organized mainly for leadership from
which women are excluded. On the other hand, women's enormous workload
in the household, child rearing and childbearing, caring after elderly,
disabled and sick prevents them from being involved in training.
Financial constraints affect women more as they earn less than men
do. In general women have less opportunities for study and self-development.
In Mongolia practices in recruitment for any job
are mainly built upon personal links, acquaintances, political affiliation,
bribery or gender of a potential candidate for employment rather
than his/her professional abilities, skills and experience. In the
survey conducted by the Liberal Women’s Brain Pool amongst 260 urban
and rural women 38 per cent of respondents stated that support for
promotion of women to management position was as medium level, 22.3
- stated that no support is provided at all, 24.2 per cent stated
that the issue is being considered and 10.7 per cent did not reply.
On the question "What are the factors limiting women’s social
participation?" 30.3 per cent replied social attitude, 29.6
per cent - lack of self-confidence, 17.6 per cent -double burden
of work and family, 13.8 per cent - affiliation to a political party,
13 per cent - economic capability and 9.6 per cent - lack of professional
experience.
Poor knowledge of legislation and human rights
by all population, employers and employees aggravates situation.
"Mongol savhi" company evaded payment of social insurance
contributions collected from employees into the central social insurance
fund since from 1995 to 1998. Employees of the factory were refused
social insurance benefits, including many tens of women who could
not get maternity benefits.
A survey conducted by the National CEDAW Watch
Network Centre in 1999 showed that 54.3 per cent of female respondents
could not get benefits from the social insurance funds and 43.2
per cent said that they could not get maternity and childcare benefit.
Population in general has no experience in struggle
against violations of human rights. Especially women, being less
exposed to public sphere, suffer from lack of such knowledge. They
have being more passive in demanding their rights compared to men.
Trade Unions and few human rights organizations lack experience
and are limited in their activities.
How discrimination affects women's lives
Participation in paid employment or work is one
of the basic ways for an individual to take part in the public sphere
and realize themselves as human beings. It is also the main source
for earning basic living costs. Therefore, discrimination in employment
affects women's lives in many ways. In a survey conducted by Mongolian
Women Lawyers Association (MWLA) in three districts of Ulaanbaatar,
28.5 of participants indicated that direct gender discrimination
exists in recruitment practices, 23.5 per cent - age limits, 8.5
per cent - having young children and 13.5 per cent did not determine
any special reason for discrimination.
First of all, many women who lost jobs in privatization
and structural adjustment have been impoverished and their life
conditions significantly deteriorated. Female-headed households
belong to one of the most vulnerable to poverty group of society.
11329 female headed households have 6 and over children, 20,825
- 3-5 children, 22,376 - up to three children out of a total 54530
female headed households. In 1999 in the capital Ulaanbaatar 29,000
households lived under poverty line, of which 11,464 are female
headed households . In Orkhon aimag, female-headed households constitute
47.8 per cent of all families living under extreme poverty (1999).
Many of women have been pushed to work as self-employed
or in the private sector, which cannot be considered as financially
secure. In addition, thousands of women aged 36-40 who gave birth
to four or more children were forced into poverty due to early retirement
under the Pension’s legislation. Now all "early retired"
persons receive a tiny compensation of 6240 MNT (6.2 USD) per month
and the majority of them are women. For example, in the Bayanzurh
district of Ulaanbaatar 80 percent of those who receive compensations
are women.
Many professional and non-professional women had
to change their occupations. For example, 38.8 per cent of respondents
in the survey conducted by the National Centre Against Violence
amongst 300 women stated that they stopped work in their professions
in order to get a better income. According to data obtained by the
National CEDAW Watch Network Centre from the survey on 300 people
in 1999, of whom men constituted 44.9 per cent and women - 55.09
per cent, 17.6 per cent of male and 30.2 per cent of female respondents
have been engaged in highly insecure informal employment due to
retirement, structural adjustment, manager’s attitude and gender
(being female). Another example is that 15.6 per cent of female
herders (compared to 11.9 per cent of male herders) have been forced
into this path of employment after loss of their jobs. Many women
are engaged in two or three different jobs, combining work in formal
and informal sectors and additionally producing food and clothes
for immediate needs of their families.
As result, workload of women has increased enormously.
In rural areas herder women work from sunrise to sunset combining
animal husbandry, production for sale and for own needs, housekeeping
and childcare.
By September 1998 there were 114,012 unemployed
women in Mongolia, 34,4 per cent of them were engaged in childcare.
Currently, childcare centers are not filled as families cannot afford
to pay for services or mothers are not able to find a job for themselves.
In some cases parents prefer to bring up children at home.
Women cannot enjoy fully employment rights as
they are limited in choice of job and are pushed to work in certain
occupations or positions, mainly low-paid. Women aged over 35 are
perceived too old for a job and promotion. Data obtained by the
Women’s Information and Research Centre show that 6.8 per cent of
all women employees work at the top managerial level, 43,8 per cent
– at middle positions and 49.1 per cent – at auxiliary positions.
Such limitations seriously decrease women's economic and social
status. Women cannot use fully their knowledge, skills and energy
for development of society and feel themselves as second class citizens.
In general, limited opportunities for women in employment and less
possibility to participate in public life significantly affect their
self-confidence and self-esteem.
Having fewer opportunities for promotion women
are restricted in their opportunities for increasing their incomes
which like vicious circle affects their health, education and other
opportunities.
Women who lose their wages become economically
dependent on their husbands. Economic dependence of women on men
leads to increase in domestic violence. According to the survey
conducted by the National Centre Against Violence in 1998 amongst
170 working women in 6 districts of Ulaanbaatar city 29.1 per cent
responded that employment is a source for economic independence,
30.5 per cent - improves their self-confidence and 20.2 per cent
- power to spend a portion of income independently.
Lack of jobs contributes in widespread sexual
harassment at workplace. Women resisting assaults from their supervisors
or employers have to leave. They do not complain because of their
fears to lose a job and get her marriage dissolved.
Loss of work and wages leads not only to deterioration
of economic status but also to loss of opportunities for self-development.
Currently there is no gender segregated statistical data on training
of working women in formal sector. However, according to data by
the National CEDAW Watch Network Centre, 25.3 per cent have been
attending retraining courses using their own savings, 50.7 per cent
of them were men and 49.2 per cent – women. 74.6 per cent of all
respondents replied that they have no opportunity to get training
(48.3 per cent men and 51.6 per cent women). The reasons for this
they described as financial constrains, need to look after children,
poor opportunities in the family or temporary hindrances. Lower
economic position of women explains that they are limited in possibilities
for self-development not only in professional field but also in
a broader sense. As women's lives are restricted to their direct
duties, mainly childcare and housekeeping, in a relatively locked
space in the private sphere.
Women constituting a majority in the informal
sector are not able to enjoy paid leave and receive social insurance
benefits. There is no working mechanism for compensation in the
case of injuries or worsened health conditions caused by poor work
conditions. All this has led to deterioration of women's health.
In 1998 maternal mortality rate has increased by 0.28 compared to
the previous year and reached 1.73 per 1000 live births.
Lack of day care facilities pushing women into
their homes not only seriously limits their opportunities for self-development
in terms of their education and professional field but also women
lose possible incomes.
Unemployed women and those economically dependent
on husbands suffer from domestic violence in larger extent than
working women.
Lack of jobs and discrimination force women to
accept any jobs, even in unhealthy work environment. Statistical
data on this problem is not available. However, based on the data
obtained by the National CEDAW Watch Network Centre on informal
employment 67.4 per cent of male respondents of their survey and
61.3 per cent of female respondents considered work conditions as
being unsatisfactory or bad. 76.1 per cent of men and 61.1 per cent
of women replied that their work conditions were both too cold and
dusty or too hot, no fresh air and harmful. Men were mainly engaged
in outdoor labour or in too hot conditions whereas women worked
in premises without heating, dirty, dusty, damp or lacking fresh
air. Almost all these people build their workplaces themselves,
but do not have resources for improvement or do not pay attention
to the issue. Gender disaggregated statistical data on occupational
diseases is not available, however, from unofficial data says that
number of such diseased has not been decreased during last years.
Due to occupational diseases some women get conditions that complicates
childbirth or causes giving birth to a weakened, disabled, unhealthy
child, or become infertile; above-mentioned medical conditions may
cause violence against women from their husbands. There is tendency
for increase of diseases of reproductive organs and giving birth
to unhealthy children.
Demands from some employers not to get pregnant
and trend not to hire women with young children seriously restrict
women's reproductive rights. Many women have to postpone or refuse
from having children. Huge number of abortions occurred in the period
of 1990-1995 demonstrated women's fear to lose their jobs and consequently,
the need to contribute financially to the household income (see
Annex2). Due to reproductive health education number of contraceptive
users has steadily increased from 37 per cent in 1994 to 45.7 per
cent in 1998.
Women engaged in the informal sector lose interest
in having children. In data obtained from the survey conducted by
the National CEDAW Watch Network Centre 56.3 per cent of female
respondents have not received any benefits from the Social security
funds. Moreover, 66.2 per cent of those women did not enjoy maternity
leave (pre-birth) or child care leave, the other 33.7 per cent did
not receive maternity (pre-birth) or child care benefits; benefits
for many children or benefits for adoption and child rearing of
infant or orphan children.
According to Mongolian legislation every citizen
who pays contributions into the social insurance funds is entitled
to various benefits from these funds. However, if a citizen does
not pay contribution s/h is not eligible for benefits. In regard
to reasons why they could not receive these benefits 33.7 per cent
of respondents replied that participation in insurance scheme is
not profitable, 22.4 per cent complained about lack of legal knowledge,
22.4 per cent that their incomes are too low for insurance contributions.
21.3 per cent said that they have no time to deal with social insurance
services. However, their attitude towards health insurance was different:
31.6 per cent of men and 39.7 per cent of women have been participating
in this type of insurance. Only 10 per cent of men and 8 per cent
of women saw health insurance as unnecessary, 16 per cent of men
and 12 per cent of women - that they would prefer to spend their
low incomes for themselves instead of health insurance, 24 per cent
of men and 18 per cent of women - that they have no time. All these
reasons explain why women in informal sector and herder women are
excluded from social security benefits. Moreover, herder women do
not enjoy pre-maternity leave and do not receive maternity and childcare
benefits unless they are extremely poor.
Women are not able to resume their jobs in the
time prescribed by the law, may of them lose their positions because
of their pregnancy and giving birth.
Participants of the 1997 survey conducted by the
National Centre Against Violence amongst unemployed women indicated
that 33.1 per cent of respondents were not able to find a job, 29.2
per cent - that their husbands do not permit them to work, 16.1
per cent - were undertaking child care responsibilities, 10.8 per
cent - suffered from poor health, 5.4 per cent - were not interested
in working and 5.4 per cent - were retired. Economic loss causes
psychological loss for women.
Being engaged in undervalued domestic labour,
being less visible in the public sphere, having less opportunity
for training, professional growth women lose interest in more productive
work. They feel themselves as second class citizens whose destiny
is to spend their lives in a more limited environment. Women who
combines work and family and at the same time trying to build up
career feel guilty in society and own family. Women cannot fully
contribute experiences, knowledge and skills they possess in the
development of the society. In 1998 Liberal Women’s Brain Pool conducted
the first phase of a survey amongst women employees of the Office
of Cabinet and 9 Ministries and their offices with the purpose to
reveal resources for promotion of women leaders. Only 16 per cent
of respondents said that their Ministries, departments and divisions
implement gender equality policy in promotion, 76.7 per cent said
that such policy has not been implemented and 7.1 per cent did not
reply. On the question of what causes low promotion of women to
higher posts 34.1 per cent saw that being a woman, 24.3 per cent
- women’s child-bearing and child-rearing responsibility, 19.7 per
cent - absence of management and organizational capability, 19.5
per cent - women have less time for self-development because of
housekeeping duties are mainly seen as responsibility of women and
nobody replied that women lack education. 63.7 per cent of all respondents
saw that gender awareness of policy makers in the ministries was
not satisfactory and only 36.2 per cent - that policy makers were
aware of gender issues.
MEASURES TAKEN BY THE GOVERNMENT AND RESULTS
The Government has adopted The National Plan of
Action for the Advancement of Women in 1996 as a follow-up of the
Beijing World Conference on Women. The document identified ten critical
areas of concern and defined long-term objectives in achieving genuine
gender equality. Regrettably, implementation of this important policy
document has not been satisfactory. Under the CEDAW provisions and
the National Plan of Action a little has been done by the government
in the field of employment. Additionally, Government of Mongolia
implements another two major national programmes aimed at improvement
in employment: The National Poverty Alleviation Programme and The
National Programme on Reduction of Unemployment.
For example, the document prepared in 1998 by
the Ministry of Health and Social Welfare on the implementation
of the National Plan of Action for the Advancement of Women and
future measures has noted that almost no measures have been taken
by the government in regard to training for women who return to
employment after long leaves of absence for child-rearing, care
of parents or spouse, or sickness and for young women in promoting
non-traditional and technical skills. Few exceptions are following
measures:
- Government with support of UNESCO in 1994-1996 implemented "Informal
education of Gobi herder women".
- Training on women’s employment issues and vocational training
was organized for government and NGO participants by International
Labour Organization and Social and Economic Commission for Asia
Pacific.
- 1482 women from 7 districts of Ulaanbaatar were trained within
"Learn and Live" training project. They have acquired
14 professions.
Government implements National Poverty Alleviation Programme that
involves Women Development Fund, Rural Poverty Alleviation and Microcredit
which are promoted with technical assistance USD 1.7 million from
UNDP and USD 5 million from International Agricultural Fund. Income
generation 2464 projects worth USD 1.6 million for vulnerable groups
were implemented until 1998. 23,000 poor people have been provided
with permanent employment. The Rural development implemented 374
projects worth 1.108 USD that provided 12,100 people with temporary
jobs. Disabled women received small-scale low interest loans from
the "Income Generation Fund for Vulnerable Groups of Population".
In 1992-1995 a total 160.000 MNT loans was given to unemployed from
the Fund for Assistance to Employment through Labour Regulation
offices. 2000 new jobs were created for women.
In the last ten years public medical services have done a little
in terms of creation of a system designed for changing attitudes
towards health care and medical checks of population and women,
any preventive activities have been at a standstill. Regular medical
check is required only for those engaged in food processing and
related services and all other female employees of both formal and
informal sectors have been omitted from attention.
90,791 women received maternity benefits of a
total 1.8 billion MNT and 93,527 women received childcare benefit
of a total 1.6 billion MNT Mothers received 40 million MNT infant
childcare aid and 9175 poor mothers (fathers) received aid of 40.2
millions MNT in 1997.
The National Programme for Improvement of Safe
and Healthy Conditions of Work was adopted by the government in
1997. The national inspection on labor protection situation was
held by The Labour and Social Protection Control Authority of Mongolia
that covered all sectors of economy with the purpose to improve
labour safety and work conditions. 4952 entities, 191,978 workers,
including 49 per cent of women, were inspected. 30.5 per cent of
all injured at workplace were women.
30 million MNT have been allocated for the implementation
of the National Programme of Action for the Advancement of Women,
however, this amount was not spent due to financial constraints
in the country. This clearly demonstrates that the government does
not pay adequate attention to women’s issues.
RECOMMENDATIONS TO THE GOVERNMENT
To the Parliament:
- to amend legislation in order to make maternity benefit, including
child-rearing leave, no less than wage that woman was earning
in the paid employment according to the Article 11-2-b of the
CEDAW
- to provide legal opportunity for free choice of work for women
and to remove provisions in legislation that establish different
conditions for old age retirement such us number of children,
age, and number of years in paid employment regarding to the Articles
11-1-a, b, c; 2-d, e; and 5-a, b of the CEDAW
- to make amendments to the Law on State Service, Law on Economic
Entities, Criminal Procedural Law, Labor Code, Civil Procedural
Law in order to impose penalties on infringes of women’s human
rights according to the Articles 2-b, d; and 11-2-a of the CEDAW
- to amend existing legislation on Labour and Education in order
to incorporate provisions bounding employers to organize training
for women who require to be retrained after long-term child-rearing
leave according to the Articles 3; 10-a, c, d, and of the CEDAW.
- to amend social insurance laws to ensure payment of unemployment
insurance, insurance for industrial injury and occupational disease
from the corresponding funds
- to study trends on the reasons for population to avoid payment
of social insurance contributions and development of new legislation
susceptible to public needs and, after public discussion, adopt
such legislation
- to conduct public opinion survey on the laws that contradict
each other
- to issue a law on Support of Employment
- to demand the Cabinet develops regulations enabling enjoyment
by all citizens of their rights prescribed in the Article 16(2)
of Constitution of Mongolia and Article 4 (2) of the Labour Code.
To the Government
- to use media on advocacy of the women’s employment rights issue,
make a special programmes on TV and Radio
- to organize training and seminars on gender equality in employment
at local levels to involving business people from the entities
in order to implement the provisions of the Article 11, 2, 3,
5 and 14 of the CEDAW
- to encourage companies and organizations to open day care facilities
by imposition of lower taxes and to create new child care facilities
for disabled children in order to allow their parents to work
according to the Article 11-2-c of the CEDAW
- search for sources of foreign aid interested in importing advanced
technologies and equipment to be used in child rearing and bringing
up
- to create a system to encourage women to develop their professional
skills in order to increase women’s participation in public life,
to ensure implementation of such activities in the personnel policies
of organizations and economic entities regarding to the Article
11-1- c of the CEDAW.
- to develop criteria for selection of public servants based on
gender equality principle and ensure their implementation at central
and local government levels as well as by entities with different
types of property according to the Article 11-1-b, 2-d, e and
5-a of the CEDAW.
- to request adoption of legal regulations by legislature to encourage
mechanisms for social institutions that implement gender equality
principles according to the Articles 2-a, b, c, e; 3 and 11 of
the CEDAW
- to accumulate capital earned from privatization of plants and
other economic entities into a special fund an informal sector’s
employment to ensure the implementation of provisions of the Articles
11, 2, 4, 5, 7, 14 and 16 of the CEDAW
- to consider and implement question of submitting reports by
the governmental and private sector employers on the implementation
of women’s rights to work according to the Articles 2-d, 11-a,
c of the CEDAW
- encourage employers that solve labour protection problems for
citizens engaged in heavy and harmful workplaces
- to take urgent measures to address the causes of violations
of women’s employment rights, to increase responsibility of central
and local governmental organizations and individual officials
in regard to implement provisions of the Articles 2-c, d; 5-a;
11-1-a, b, 11-2- a, b, c, d of the CEDAW
- to conduct research on the legal practice that deals with violations
of women’s rights in relation to employment issues in a year 2000.
- to make a survey on the safety of work conditions in the jobs
that are currently prohibited for women and demand employers create
favourable conditions of work for women, including pregnant women
in cooperation with women’s NGOs and Trade Unions in a year 2001.
- to create a machinery (system) for monitoring implementation
of the goals set in the governmental policy on Women’s Human Rights
under the CEDAW in a year 2000
- to develop and submit new laws such as Anti-Discrimination Law,
directed to eliminate discrimination, in the years 2000-2001 according
to the Article 2-b, 4-1, 5-a and 11-1 of the CEDAW
To political parties:
- To increase number of female members, including at top leadership
level
- To implement policy on maintaining gender balance in election
of party’s decision- making bodies at all levels
- To increase number of women candidates for running to the National
and Local offices not less then 20 percent
- To involve the potential women into the political life and retrain
them for running to the governmental office in the Election-2000
To legal organizations:
- to impose penalties or other appropriate measures on officials
that have not created equal opportunities and discriminated against
women on the basis of their gender in recruitment and promotion
according to provisions of the Convention and appropriate legislation
- to take measures to relieve consequences of violations of women’s
rights
Four. Conclusions
18 years has passed since Mongolia ratified UN
Convention on Elimination of All Forms of Discrimination Against
Women. During this time various measures have been taken in order
to implement political, economic and social rights of women. Principles
and ideas of the Convention have not been fully implemented either
in real life or in Mongolian legislation. This report focuses on
the discrimination that women still face in the field of employment
and violations of women’s human rights enshrined in the Article
11 of the Convention.
Joining CEDAW does not automatically lead to decrease
or elimination of violations of women’s human rights. Every citizen
should be aware that the state is obliged to create opportunities
to enable women to fully enjoy their legitimate and moral rights.
Responsibility, knowledge, awareness, conscience and will of legislators
and decision-makers as politicians is crucial. At the same time,
every citizen should be aware of own rights in all spheres of public
life and be capable of fighting for them.
Although the Constitution of Mongolia and other
legislation declares equal rights of men and women in all spheres
of public life in reality conditions have not been created to implement
them and proper measures have not been taken. Such situation leads
to violation of rights of all citizens and particularly violations
of women’s human rights.
Laws that declare equality are considered as only
symbolic and they treat men and women with the sameness approach.
For example, women and men are entitled to rights to vote and to
be elected in the same way, however, no measures are taken in order
to change social norms formed during hundreds of years that men
manage the state, to eradicate gender imbalance in power and restore
this violation of rights. This is the reason why women have always
been behind men in the political participation.
The protectionist approach is widespread in Mongolian
legislation, which takes childbearing capability of women as a basis
to restrict women’s rights in employment such as establishment of
earlier retirement age for women or prohibition from certain jobs.
Such legislation includes the Pensions Law, Labour Code and Social
Security Law. These are legalized violations of economic and social
rights.
Proper legislation should consider women’s childbearing
activity as a social duty and cannot be used as a basis for discrimination.
However laws not only see women as childbearing persons but also
prescribe to women child rearing responsibility. They legalize social
norms and customs in this discriminating way. For example, Articles
78-83 of the old Labour Code and Articles 100-108 of the new Labor
Law enumerate rights and duties of mothers in child rearing. According
to these provisions, fathers are not entitled to receive benefits
even if they wish to do child-care. Such laws pushing mothers to
solely carry out this activity contradict provisions of the Constitution
of Mongolia and the Convention in regard of equal rights of parents
and spouses.
The mechanism for implementation of equal rights
is weak and the problem of its strengthening itself is a big task.
There are any discriminatory provisions such as distinction, exclusion
or restriction of men’s human rights at all, but as it was aforementioned
there are lots of provisions, which has been discriminating political,
economic, social and cultural rights of Women in the Mongolian legislation.
These facts explain why national policies are
gender blind or gender biased and measures taken by the government
in the elimination of discrimination against women are not effective.
Most of policy makers themselves are not gender sensitive and therefore,
legislation produced by such legislators is deficient.
This report is devoted to the problems related
to discrimination that women face in employment. It was not our
purpose to describe a whole picture of women’s rights.
To conclude, discrimination of women exists in
the legislation as well as in reality. Cases of discrimination are
easily recognized in media, operation of entities and organizations,
in methods, ideology and mentality of management.
The Baseline report is written in accordance with
the Article 11 of the CEDAW within the suggested framework.
USED MATERIALS
Laws:
1. Constitution of Mongolia
2. Family Law
3. Labour Law
4. Civil Procedure Law
5. Law on Pensions
6. Social Security Law
Research Materials:
1. Compilation of Statistical data of the State
Statistical Office
2. Report on "Economic situation of Mongolian
women in transition", WIRC, 1998
3. Report of the survey, National CEDAW Watch
Network Centre, 1999
4. Report of the survey on Women’s Political participation,
by Liberal Women’s Brain Pool
5. Survey on Domestic Violence, Centre Against
Violence
6. Survey by the Women Lawyer’ Association
8. Women and Men in Mongolia.The National Statistical
Office of Mongolia, 1999
9. Bulletin of the State Statistical Office, Ulaanbaatar
1998
10. Employment. State Statistical Office, Ulaanbaatar,
1999
11. Information on Gender. WIRC, 1997, Ulaanbaatar
12. Employment in informal sector, The National
CEDAW Watch Network Centre, 1999,
Ulaanbaatar
13. Annual Bulletin of the National Statistical
Office, 1998
14. Survey by the CEDAW Watch Network, 1997-1998
Other materials:
1. National program of Action for the Advancement
of Women, 1996
2. Human development report, UNDP, 1997
3. Report on Employment. State Statistical Office,
1999
4. Gender policy and statistics. Materials of
the Conference, 1999
5. Information on the Implementation of the National
Plan of Action for the Advancement of Women. Ministry of health
and Social Welfare, 1999
7. UNESCO, 1990. Status of Women; Mongolia, RUSHAP
Series on Monographs and occasional papers (Bangkok, UNESCO Principal
Regional Office for Asia and the Pacific)
8. Personal data of Ms Zanaa, 1999, Ulaanbaatar
9. Report by Regzen, Head of Department of the
Social Policy of the Orkhon aimag, at the National Sympozium on
Implementation of Beijing Platform of Action, July 22-23, 1999
10. Annual Report of the Health Statistical Information
Centre, Ministry of Health and Social Welfare, 1998
11. Report of the Bayanzurkh district Social Insurance
Department, 1998
12. Report of the Mr Hadhuu, Municipal Council
of Ulaanbaatar, at the National Sympozium on Implementation of Beijing
Platform of Action, July 22-23, 1999
Contributors to the Report - NGOs and representatives
from the governmental organizations
- National CEDAW Watch Network Center
- Liberal Women’s Brain Pool
- Mongolian Women’s Federation
- Women for Social Progress Movement
- Women Lawyer’s Association
- National Centre Against Violence
- Women’s Information and Research Center
- Sh. Algirmaa, Researcher
- D. Altai, Chair, Mongolian Socialist Democratic Women’s Association
- J.Altantsetseg, Head of Division, Department of Youth, Family
and Women, Ministry of Health and Social Welfare.
- Yu. Ariunzayat, Deputy-Chair, Mongolian Social Democratic Women’s
Movement
- N. Ayush, Secretary of the Standing Committee on Women’s Affairs,
General Council of Mongolian Trade Union
- L. Ariunchimeg, Researcher, Women’s Information and Research
Center
- O. Baigalmaa, Officer, Mongolian Socialist Democratic Women’s
Association
- N. Batnasan, Officer, Department of Strategic Planning and Policy,
Ministry of Health and Welfare
- J. Bayartsetseg, Officer, Liberal Women’s Brain Pool
- N. Chinchuluun, Executive Direct, Mongolian Women Lawyers Association
- D. Chimeddagva, Head, Department of Economic Policy, Ministry
of Finance
- D. Haliun, Chair of the National Tourism Center of Mongolia
- B. Hishigsaihan, Officer, Women for Social Progress Movement
- S.Davaasuren, Manager, In Gurvaljin Company
- Ts. Davaasuren, Chair, National Statistical Office
- L. Enhjargal, Assistant-Director, The National CEDAW Watch Network
Center
- D. Enhjargal, Lawyer, The National Center Against Violence
- J. Erdenechimeg, Vice-President, Mongolian Women’s Federation
- I.Ganbileg, Interpreter
- N. Gandulam, Lawyer, Mongolian Women Lawyers Association
- N. Gerelsuren, President, Mongolian Women’s Federation
- Ts. Gombosuren, Head, District Labour Regulation Office, Bayangol
District
- H. Monhzul, Officer, The National Center Against Violence
- D.Naranbileg, Journalist, Newspaper, "Business Times"
- D. Harantuya, Deputy-Chair, Foundation for Rural Women’s Development
- S. Narmandah, Governor, Chingelmei District of Ulaanbaatar
- L.Ider, Consultant, Supreme Court
- L. Jagralsaihan, Officer on Social Policy, Office of the President
- Ts. Oyunsan, Executive Director, Liberal Women’s Brain Pool
- L. Purevsuren, Director, "And" Foundation
- M. Sarantuya, Officer, UNFPA
- R. Sarantsetseg, Economist, The Bank of Mongolia, Department
of Financial Policy
- P. Suhbaatar, Officer, Youth and Social Policy, Municipal Council
of Ulaanbaatar City
- P. Tovuuhorol, Head, District labour Regulation Office, Bayangol
District
- N. Tungalag, Officer, Ministry of Justice
- S. Tsengelmaa, Researcher, Women’s Information and Research
Center
- G. Urantsetseg, Executive Director, Business Women’s Association
- O. Zaya, President, Business Women’s Association
- J. Zanaa, Director, The National CEDAW Watch Network Center
The report is written by J.Zanaa, The National CEDAW Watch Network
Centre
Translated by D.Amarsanaa, UNOHCHR
Edited by Arthi Patel, MWLA
September 27, 1999. Ulaanbaatar. Mongolia
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