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Shadow Report to the Mongolian Governments
3rd Report to the CEDAW Committee in the United Nations
2 January 2001. Ulaanbaatar, Mongolia
One. Background
Nineteen years has elapsed since Mongolia joined the United Nations
Convention on the Elimination of all Forms of Discrimination Against
Women.
Mongolia was unique in the way that it ratified all of the provisions
of CEDAW. Moreover, while accepting these CEDAW provisions, it represented
the objectives
of consistently fulfilling the principles of the Universal Declaration
and the principles of equality, non-discrimination, and fulfillment
of CEDAWs goals.
The Government of Mongolia has submitted reports on the implementation
of CEDAW in Mongolia three times to the CEDAW Committee. In conjunction
with the
submission of Mongolian Government reports, this report aims at
reporting on behalf of the NGO, how the implementation of political,
economic, and social rights of
women has been actually been implemented. Existing Mongolian laws,
Government Resolutions, research from governmental and non-governmental
organizations,
and some real facts have been used in writing this report.
Additionally, 8 years years of experience from Women's NGOs, knowledge
and awareness gained from national and international conferences,
forums and training,
as well as, capacity of personnel and technical resources, not to
mention their cooperation, have contributed greatly in writing this
report.
Two. Introduction
Mongolia is located in Central Asia with a population of 2.4 million.
One third of its inhabitants live in the capital city Ulaanbaatar.
Mongolia is divided into 21
provinces, 343 soums and 1400 sub-soums. Ulaanbaatar has 9 districts
and 122 sub-districts. Fifty five per cent of the population live
in urban areas while 45% live
in rural areas. Mongolia has a population distribution of 15 people
per 1000 hectares of land.
Geographically, it is situated in east-central Asia, with a continental
climate. Temperatures vary from a minimum of -40 Celsius to a maximum
of +40 Celsius. It has a
varied ecology, the Gobi (desert), taiga, to vast plains and mountains.
More than 20 different ethnic groups live in Mongolia. The official
language is Mongolian. Since ancient times, Mongolian national script
was uUigur-mMongol script.
Cyrillic has been in use since the 1940s.
In 1911 Mongolia established its national independence becoming
free from Manchurian oppression that lasted for more than 200 years.
In 1921, "The People's
State", was formed and it followed a socialist path over then
it has chosen a socialist path, has taken place over the past 70
years.
During the years of the peoples revolution, great changes
occurred in economic and social structures. Most people became literate
and many of them became free
from socially and sexually transmitted diseases that were previously
prevelent due to a lack of modern medicine. Many of the nomadic
Mongolians have moved to
urban areas, and have gonewent on went to study in the former Soviet
Union and other former socialist countries. European urban culture,
education, and tradition
have had played a greata major impact in on the Mongolian life style,
and have helped Mongolians to make greater changes in their social
development.
During the socialist periodm, the government paid more considerable
attention to to improving e social welfare, education, health care
and the lives of women.
Moreover, women reached had equal participation in social life and
equal opportunity for education as men. ThereforeThus, women got
chance had the opportunity
to participate equally as with men in political and social liveslife,
and receive same wage gain equal salary as men. They were , being
appointed in to government
positions, actively participated through election of chair positions
in pioneer, youth and womens organizations. Parents became
more willing to sendgive their
daughters an educationto get educated.
Mongolian women study and enter various professional fields, including:
animal husbandry, agriculture, education and science. In 1998 the
statistical data showed:
Women represented:
69.9% of university students in diploma courses
64.6% of undergraduates students undertaking Bachelor's degrees
,
61.9% primary, intermediate professional and secondary school
students
Women, who make up 52% of the total population, have actively participated
in the democratic change since 1990. As a result of the "Democratic
Revolution",
fundamental changes have emerged in in Mongolia's the social and
economic life of Mongolia, and . Since then, Mongolia has chosen
the path of democracy and
market economy development.
As previously mentioned in the UN Human Development Report of Mongolia,
during the transitional period tof a market economy, the change
to a in the living
standards of more than 60% of the population has decreased and 35.6%
are now living in a poverty.
It was aAlso mentioned in this document, in 1998, the annual average
growth of the GDP was 3.5%, The Gross National Product annual average
growth 2.1% and
product gross national product per person per person was equal to
$452. But, according to the official survey by the National Statistical
Office in 1999, 38.5% of
the population waare is living in poverty.
According to the human development index data, conducted by UNDP
in 1998, the population's development rate of this country, showed
a 0.66%, placing it at
101 out of 174 countries. Adult literacy is 82.9% and life expectancy
is 64.8. Thirty eight point five percent of 38,5% Ththe e whole
population is are living in poor
and extremely poor conditions. With respect to gender related development
data, Mongolia is 84th placeout of 174 countries. Women's life expectancy
is 67.6
years, and life expectancy of men is 62.7 years. Women's are literacy
te is 77,22 %, the literacy rate for menof men is 88.55%, and the
percentage to receive social
benefitsresources is 39.65% for women and 60.35% for men.
Since 1992 women started began uniting, in order to fight for their
political, economic and social rights. Currently there are 178500
NGOs registered by the
Ministry of Justice and Home Affairs, out of which there are 40
existing womens NGOs. These organizations are working
to lobby for the implementation of legal
rights for of women in reality, to improve women's political, social
and economic situationus, and which in reality assist women to gain
positions in their social
development.
Three. Implementation of political and economic rights of women
and violence against women
The National Program on the Advancement of Women stated "The
creation of equality ofor women and s to men in participating in
the social and economic life as
well as sharing equally in the nd equal gain of nnational resources
will have a great influence in sustainable development of the country".
Thus, it is significant for the
state to create a convenient conditions for women to runwith both
social and family responsibilities, while using women's power and
capacity in the progcress". The
abfovre mentioned program becomes a key factor in the activity of
improving the implementation of the Convention, and also bring about
aimsgoals to implement 12
sector issues on women from the Beijing Conference at the national
levelwhich and it also includes 12 sector issues on women. In this
report we intended to present
the issues that have s more attention interest for of both women
and the public, onsuch as "Women's Participation in Decision
Making", "Women's Employment" and
"Violence Against Women." These attract the communitys
s and womens attention. We also intended to show briefly
how have women have become the victims
of gender discrimination.
a.Political Rights
Constitutional and other laws guaranteed equal rights ofor men
and women. For example, the first Mongolian Constitution of in 1924
stated "all citizens of this
country should enjoy the same rights regardless of their origin,
religion and sex". The Llaw of 1925 prohibited enforced marriages
of women and in 1926 women's
civil rights were set down in legislated set down in legislative
documentsion.
Until 1990, the state supported womens participation in the
country's political, and social life of the country. The Sstate
showed its support through by determining
quotas in seats of State KHhurals and leading women represented
their fields, in areas of such as education, health care, animal
husbandry, and agriculture inin the
State Great Hural, and Baga Hural. Womens representation in
these Khurals reached 20-23% and there were up to not more than
2 women deputy-ministers. In
addition,Also, there wereas women working in an existence of government
ministries and agencies ts responsible for social issues., they
were staffed by women.
Women have actively taken part in the democratic change of the
1990s and have made great contribution and assistance through their
participation in organizing
political activities, including political hunger-strikes, sit-tings-tings,
rallys, demonstrations, meetings and conferences of democratic
parties conferences. Women have
participated in the elections of 1990, 1992 and 1996, and womens
representation were up to 10%. But it is an inadequate figure as
women make up 50.4% of the
total population.
As a result of the election of in 1996 women made up 9.2% of the
members of State Great Khural (Parliament), 6-13% of representatives
of all local Khurals (local
Parliament), 0% of chairs and secretaries of local Khurals, 3-8%
of its heads, 0% of the province and capital city governors and
2.4% of soum and district
governors. In 1999, one woman was appointed as a Government Member
and to the Ministery of Foreign Affairs. Within the judiciary, 70%
of the total number of
legal professionalsjudges are women , however, they represent only
17,63% of the Supreme Court judges.
But through In the election of 2000 womens political representation
reached only 4.5%. Women make up 10.5% of the members of the State
Great Khural and one
woman iswas appointed as a deputy-minister of the Government Ministry.
Sixty five women ofrom 10 political parties ruan from 76 constituencies
and 8 women
were elected as members of the State Great Khural (Parliament) byin
this election which was held through their majoritarmajoritive y
system.
It can be evaluated concluded that the voters have a weak gender
sensitiveness of the voters are weak and their mentality inclination
to support women candidates
has not been developed. On the other hand, the fact that 7 out of
8 women candidates women were elected out of 8 women candidates
o from the Mongolian
Peoples Revolutionary Party (MPRP), proved that voters vote for
women candidates from the party which o has la good likelihood otfo
winning the election. Thus,
the belief of some male point of men politicians that "nominating
women may will affect them by to on loseing ing their seats in the
Parliament" has proved to be
wrong. This experience showed that well respected male en politicians
from the other parties lost their election, simply just because
their parties had no likelihood
toof winning the election.
In 1996, 7 out of 8 wwomen were elected out of 8 women candidates
ofrom the "Democratic Union" Coalition of the Mongolian
National Democratic Party and the
Mongolian Social Democratic Party , were elected in theto Parliament,
in the and in elelection of 2000, 7 women were womenelection ed
out of 8 women
candidates from the MPRP were elected. This fact again provesd that
as many women candidates who awere are nominated from by the winning
party, that
number of are women most likely be elected into Pparliament.
TThe "m Majoritivetary system" of election, has the affects
of not only on eliminating womens political representation,
but it also it encourages ethnic and geographic
discrimination in the election process. For example, there were
incidents when a nationally well-known politician had to gbet nominated
from his local area.
Moreover, they politicians spend much time and effort to find financial
resource for to campaign. One way of them is to promise high officials
seats in government
positions in return for becoming to their campaign sponsors. After
the election in Parliament they become deeply involved in various
conspiracies to repay their
"donors" and through this as a result effort they themselves
support the establishment of a social atmosphere ofor corruption
and bribery. Furthermore, as many of
them are elected from the areas with small number of populations,
they compete to in splitting the little portion of State budget
and money from the donor countries
with for the use ofin repairing roads, bridges, and digging wells
for the people in local areas, and using State budget and money
from the donor organizations and
countries, and ithis does not doesnt correspond to the economic,
social and cultural needs of the country.
Women are not happy pleased with the situation that most of these
male politicians who take an active part in conspiracy and such,
have no time to understand and
implement gender equality. The creation of good conditions to appoint
and elect women into political seats is an inadequate one in Mongolia.
Therefore, womens
NGOs have been are conducting research over the past 3 years
small researches for the last 3 years to define the relevant issues.
In 1998, The Liberal Women's Brain Pool (LEOS) conducted a one
staged survey ton determineing a "Women Leaders' rResource"
in government offices andat 9
ministries and their offices.
Does your ministry (office, department) consider gender equality
in job promotion?
Yes - 16%
No - 76.7%
Don't know definitely - 7.1%
What are the reasons women have less promotion in their positions?
Because they are women - 34.1%
Because women give birth and raise children - 24.3%
Not capable to work - 19.7%
Women do the most of the household work and have no time for self-developmentto
develop themselves - 19.5%
Because of lack of education - 0%
Do you think that the people in managerial position ofat your Ministry
have an adequate knowledge onf gender equality?
Inadequate - 63.7%
Adequate - 36.2%
However, the CEDAW Watch research "Informal employment"
of the CEDAW Watch aimed ato studying whether womens education
had any ve influence on
their political and social participation. 25.3% of the people involved
in the research are studying inor re-training onat their own expensese.
Women makde up 50.7%
and men 49.2%. 74.6% of the surveyed people surveyed (women 51.6%,
men 48.3%) are not were "unable to be enrolled in professional
training courses".
The main reasons are identified were, as lack of finance, nobody
person to look after the baby, family reasons and not unable to
study at the present.
These questions arewere raised because the Government is not effectively
implementing laws, policies, and programs, whichthat declared the
create ion ofa proper
balance of womens representation inat different political
levels. Hence, Womens NGOs began to organize various kinds
of activities in order to promote the
implementation of womens political rights.
Womens organizations initiated and founded a Mongolian Women's
NGOs' Coalition in December 1999, and the aim of this Coalition
is to increase womens's
representationves in decision making in order to aeffect in the
creation of gender equality at all levels of political life. More
than 30 women's organizations have joined
the Coalition. , and iIt is an which and it is an independent, non-profit
and non-governmental organization. The Coalitions mission
is to run its operation in promote
ing vVoters education, thuso, affect in the create ion awareness
of gender equality at all levels of political life, and further
contribute to the development of
democracy of this e country.
More than 30 Womens organizations have joined the Coalition
and it is an independent and not for profit NGO. As a result of
the last 8 years of activities of the
womens organizations and the activities conducted by the Coalitions
center and local branches, the numbers of women who are interested
in running for political
office will receive a dramatic increase in their political encourage
encouragementmentposition and their political courage and will have
been increased dramatically.
As it mentioned above, one of its example of this is that 76 women
who nominated their names and 65 of them whom actually took part
in competed for the election
of the State Great Khural in year of 2000, and out offrom thieise
number, 8 women were elected as mMembers of Parliament. In comparison
with the election of
1996, the percentage of women nominees \/28 women were nominated
in 1996\/ in year of 2000 is increased by 2.3.
To the question of "Although the number of women candidates
has doubled why hasn't the number of elected women hasn't been increased?"
the following
evaluations and conclusions were made by activists of the organizations
which joined the Mongolian Womens NGOs Coalition:
"The election system was not appropriate tfor the increase
of women's numbers",
"As the competing parties with the Mongolian Peoples
Revolutionary Party have been divided into too many factions pieces
it also divided the electors' vote,
thus, women candidates from the Mongolian National Democratic Party,
the Mongolian Social Democratic Party and other parties who had
potential to be
elected were not not being able to elected",
"Women candidates received got less got fewer votes because
of the voters weak gender sensitiveness and knowledge of the voters"
"Political parties have n'ot prepared women candidates and
did not implement certain policies to make them familiar to the
community.",
"Because of the poor financial resources, women were not be
able to advertisepublicize themselves",
"The Government did no't take definite steps according to the
National program that to promote womens representation in
decision making", and
"Local women's organizations did not successfully work with
united aims and objectives to support the women candidates".
"The majoritive ary election system", of the election
servesworks in favor of wealthy male politicians who are well known
and have have been in politics for spent
many years in politics, by gaining nomination and winningto nominate
their names and win the election. In this regard, women isare disadvantaged
by part of this
system.
When assigning the constituencies, wealthy or well-known male candidates
choose their constituencies at the outset, however, this opportunity
/ destiny is not given
to women candidates. For instance, there was an inconvenient situation
when happened to female candidate B. from the MNDP had her and her
constituency has
changed for three times. Another lso, female candidate from MPRP
was has been rrefused to be nominated nomination because she had
reached the age of pension
age,. and tThis attitude has also been seen from the voters. However,
as a result of the Coalitions effort this woman was nominated
and went on to win has won the
election. Thiese facts show represents that discriminative view
of women candidates are discriminated against by their age and sex
instead of valuing their talent and
capability, is dominant in our political and social attitudes.
a.Implementation of economic rights and the rights to work
Privatization and structural changes during the transitional period
have had both good positive and bad negative effects on the lives
of women who worked in light
industries, service and trade. Women who became unemployed due to
staff and organizational changes, women who are on early pensions
because of many children and women who have no guaranteed salary
and income, started creating their own working places using their
personal potential. However, this doesn't contribute to providing
their basic needs and necessities.
According to the women's employment figures provided by of the
State Statistical Office, at the end of 1998 women accounted for
49.7% of labor-aged and
able-bodied population, 46.7% of the economically active population
and 46.7% of the workers. Women also accounted for 52.2% of the
unemployed. The rate of women's participation in the work force
reached a high of 68.5%, and the . The rate of employment was 63.2%.
These figures have been consistently decreasing
over the last 5 years. For instance, in 1992 womens employment
rate was 67.6%, and it decreased tillo 60.5 % in 1998.
women's employment rate decreased to 60.5%, from 67.6% in 1992.
On the average, over the last 5 years years the numbers of labor
aged women numbers have
been permanently increasing by 1.4% annually, while the numbers
of employed womenworking women numbers has ve declined by 1.2% in
1995, 16.7% in 1996
and again 16.7% in 1997. The number of unemployed people has risen
by 14.9%. The unemployment percent for women has risen ftor 16%.including
the 16% for
unemployed women. According to Due to the statistical data of 1998
statistical data, the unemployment rate for males was show 5.2%,
and for females 6.4%.
According to statistical data for 2000 the unemployment rate has
decreased to 5.3%, however, it is insufficient to consider that
the number of unemployed women
has in reality decreased in reality. These numbers are based on
the registration of unemployed women with the Labor Bureau. Research
needs to be done effected,
to determine the reasons why the number of women being registered
with Labor Bureau has fallen.
It has been observed that employers tend to hire women below the
age of 25 years. Therefore, women over 25 years of age loose interest
in getting registering ed
with the LaborbBureau. Lack of effective measures taken for to assist
the registered women by involving them in professional and other
training, is a factor that is
also affects womens interest in registering with the Labor
Bureau.
According to the research "Womens Employment" conducted
by the Mongolian Women Lawyers Association within 3 districts of
Ulaanbaatar districts and
involving 300 people, by questioning the reasons ofor being unemployed,
were answered as follows: 28.5% - "because they are women",
23.5% - "because of
age discrimination", 8.5 "because they had ve small
children" and 13.5% - "with no definite reason".
A survey by the National Center Against Violence fromn unemployed
women in 1997 showeds that 33.1% of the surveyed women said "they
cannot find a job",
29.2% answered that "their husbands do would not allow them
to work", 16.1% said that "they looked after their children",
10.8% answered that they canould
not work "for health reasons", 5.4% answered they awere
"not interested toin working " and 5.4% responded that
they are " retired.".
According to the law on Pensions and Benefits from the Social Insurance
Fund of 1995, many women aged 36-55 who had ve 4 or more children
awere pushed
into be retirement. Td and there is now a need tof establishing
data on how many of these women are m now employed.
The Minister of EEnlightement ducation reported at the Governmental
meeting ofin October 2000 mentioned that more than 25.000 people
out of 50.000 male and
female retireesd people who had are not reached pension age, but
have had been been retired for the specific legal conditions reasons
said by law, said that under
the they receivedwere receiving in law are still getting their compensation
or allowances from the Social Welfare Fund in 2000. .
Seventy to eighty percent of the above-mentioned people are women
and it can be considered that on the average 20.000 women aarewere
living on thisfromon
their compensation. In 2000 the compensation was 16.000-24.000 ?
per month which equals approximately 15-22 USD.
Because of the provisions of the laws adopted by the Parliament
with a protectionist approach, womens right to work, their
right to choose their jobs have been
limited. Subsequently, womens political, economic, social
and other rights are consistently violated.
In 1996-1997 The Women's Information and Research Center (named
as Gender Center for Sustainable Development since 1999) conducted
a survey covering 5
regions in of Mongolia and 3100 people from the capital city of
Ulaanbaatar. The survey showed that 57.1% of women work in state
organizations, 28.7% in private
organizations, 8.1% in government-private mixed property organizations,
3.0% in organizations with foreign investment, 2.4% in public property
organizations and
0.8% in other types of organizations. Many women work in state and
majority state majority owned organizations. Women account for 55.8%
of the employees of
the state organizations and 58.9% at the majority government owned
companies. Men make up 54-63% of the employees in the fields of
agriculture, industry,
construction, transport and communication, while women make up 52-67%
in trade, public service, education and health sectors.
Statistical information shows that herdsmen account for 17.5% of
the economically active population. Forty five per cent of the 45%
women female herders and
54.8% male herders were among of the total people surveyed people
ofby the Womens Information and Research Center. The answers
to the question "why
did you become herder?" are were as follows: 62.2% (64.7% male)
of them answered, that they had becaome "herders because of
their own desires choice" ,
15.6% responded "because they had lost their jobs" (11.9%
male), 9.4% "because their parents wanted them to ", 7.5%
"because of marrying the a herders
", 2.5% "because of the privatization ing of the cattle
industrycattle"" (4% male) and 2.5% "for many various
other reasons".
According to the survey conducted by the National CEDAW Watch Network
Center in 1999 on 300 people engaged in informal work sector, women
participants
constituted 55.09 percent, men constituted 44.9 percent. But However,
men represent 17.6 percent and women represent 30.2. percent of
the total participants
who have transferred into informal work, for the reasons of "early
retirement", "because of structural change", "did
not correspond to managements view "
and "dismissed from work because they are were women".
During Under the sSocialist system, people got received salaries
working for the state organizations that which provided for they
were able to provide their basic
necessities. But, tThe market economy has been a challenge for d
challenging affect on their peoples financial capacity and
has tested their ability to live. Negative
and positive social impacts have occurred due to increases in the
cost of living of living expense and insufficient salary,, it caused
caused many people to leave left
their experienced jobsjobs that they had experience with, but .
Oon the other hand, some people had more freedom to run operate
new businesses.
Financial issues isare the main obstacles in operating any business.
However, this matter is more easily resolved for men who have higher
position and
power. It is difficult for women to get obtain bank loans. Women
are very much at a disadvantage Financial and loan procedure is
very much in disadvantage for
women. by the financial and loan procedures.
Women cannot are unable to receive large bank loans. Bank officials
will likely not to issue loans to women because they lack sufficient
collateral to obtain a loans. It is not in a lenders interest, so
it would be not beneficial for those who issue bank loans, and it
becomes impossible for women to run small businesses and other enterprises
and to create more workplaces. Thus, women are still dependent on
power and economic reliance.
For example: A Ccitizen of Bayangobi soum, Bayankhongor province,
J.Yunden, 64, had been working for 28 years as a doctor in athe
same soum, and she is a
single mother with 4 children. Although her father gave 300 cattle
during the establishment of communist co-operation, she was not
given any property during
privatization of cattles in 1990s. Because of her she
was old advanced aged women, she was notun able to getobtain a small
loans. When she wanted to get loan
through Poverty Alleviation Fund, the aimag governor Baasankhuu
replied: "Poverty Alleviation Project is not applicable to
the old aged, extremely poor, and people who are close to death,
also those who are incapable tof work."
Being hurt by with these words she approached to government officials,
at various levels of office at ials of the Poverty Alleviation Fund,
and to province, soum governors but her matter has still remained
undecided.
The National Program on the Advancement of Women's Condition, has
indicated that " government must promote women's equal participation
in gaining and
distributing economic resources, such as property, loans, technology
and information at all levels".
Economic and social crisis has a greater more aaffect on women.
Women account for the majority of the unemployed people and according
to data ofrom the
National Statistical Office, women aged up to 35 make up 52% withinof
these unemployed women. Within the frame of this issue it is needed
to take, certain
measures need to be taken to to create proper workplaces for women
and the disabled.
Nearly 80,000 out of 88,000 disabled people are capable tof work,
however, only 10% of them have jobs. More than 50% of them are living
in poverty and among this figure, women occupy more than 60%. Thus,
human rights and employment issues of disabled people are remain
unheard.
Cattle privatization enabled rural cattle-breeders to provide their
own food and other needs, . Bbut for women their work commitment
ihas increased dramatically.
They take care of the elders, raise their children, cook, and prepare
clothes. In additionBesides to this, they have received a double
doubly burden, and theby
spending much of their time toin processing domestic animal products.
Rural womens legal rights such as determining their working
hours, wages, paid vacation with salary have not been identified
and enforced. Womens labor
contribution to the economic development of the country remains
unvalued.
Cattle husbandry and household work should be the joint the workresponsibility
of both rural men and women. But, iIn reality however, rural women
work 6 hours
per day more than men. Tradition that valued mens work more
than women is kept very strongly maintained. One of the example
of this tradition is that "best
herdsmen awards", have only been given only to men, not to
women. Five hundred herdsmen participated in Conference of herdsmen
with over thousand cattle,
which was held in Ulaanbaatar in 1997. Out of these 500 participants,
only 28 of them were women. However, in June 1999, Dundgobi province
administration and Women's NGOs organized a meeting of wives of
families with over a thousand cattle. This was an event designed
to evaluate a women's role in the works and lives of rural families
as well as nd ttheir contribution to the in economic and social
development of the country.
Another similar example of this is that oOver 80 percent of employees
of ssavings bank employees (state banks) all throughout the country
are women. These
women worked have been been inworking in the banking sector for
many years, and their living condition isare very poor, and many
of them are single women. In
contrast, almost every year, there are new appointments of bank
directors are appointed (usually men), and when each time new bank
directors are appointed, they
are given new apartments that costing in the range arranging fof
rom 15 million to 19 million togroks. This money is paid by banks
(state property) budget.
In this field, menales represents 20% occupying and they occupy
decision making positions. Their policy is to resolve housing issues
for men first as they are heads of families. On rare occasions women
in lower positions get apartments, in this cases, they are granted
only 4-5 million togroks.
Bc). Violence against Women
The tradition that a man must be athe head of a family is kept
very strongly maintained both officially and unofficially. This
view has been encouraged in all areas, including political, economic,
and social.
The majority of perpetrators of violence in families and society
are men. This proves that men have s more power within the in society
and families. In a survey
conducted by the National Center Against Violence in 1997 amongst
unemployed women who answerwedon the of reasons of "husbands
does not not allow me
work", 44,7 percent of them women surveyed had answered "beatings
and verbal insults in the at workplace" 23.7 percent responded
"husbands destroyed civil documents", 21.1% "because
of the traditional view", 2.6% "destroyed necessary, useful
documents to get jobs ", and 7.9% of them indicated other reasons.
The National Center Against Violence conducted a survey in 1996
covering 4100 people, in 1998 amongst 5000 people. These surveys
showed that one in three
women hasd experienced violence, one in ten women awere subject
to constant physical violence. 43.8 percent of the children involved
in surveys had experienced
some kind of family quarrel and argument. Forty percent out of the
5000 people involved in survey awere women, and 15.5% of themn responded
that they
experienced violence more fromfromby their husbands, 4% from parents
and 3% from parents-in-law.
The report of 1996-1998 from the General Police Department, stated
that 43.7 percent of all crimes are occurred at homes, and directed
against life and personal
health 58.6 percent of males and , 62.4 percent of women participanting
s in the survey had indicated that there was an urgent need of having
special legislation that regulates domestic violence issues.
Court expert clinics expert, Professor Doctor Professor,
D. Tamjidmaa and leading researcher N. Murun made research on clients
of this clinic in the last quarter of 1999. Out of 94 clients surveyed,
36.4 % of them were women who had been beaten by their husbands,
17.7 % were robbed, 8.4 % beaten by their relatives, 2.6 % beaten
by their wives, 0.9 % beaten by teachers. Out of a total number
of clients surveyed, girls and women who were subject to sexual
violence, girls of aged 8-16 made up 11.7%, young women aged of
17-19 occupymade up 3.1%, 6.3% are women aged 20-30, 5.3% were women
aged 30-40, 4.2% were women aged 50-60.
The Aabove numbersdata are limited only withinto the people who
addressed to approached the authorities, however, official data
on violence in families and in
society is still inadequate. This proves that the government does
not pay special attention to research into to this issue.
Disabled personsople make up to 0.6 percent of the entire population,
out of this 65 percent are women. Attribute tTreating them not as
a "human being" is still
existentpervasive in a society. Social attribute is not to treat
them as "human being." For instance, a 16 year old deaf
girl has been raped by a number of men, and
this case hasnt been still not been resolved by the relevant
authorities. Mongolia is a party to the 1975 Convention on the Rights
of Disabled pPeople, but and is not
implementing the relevant articles (2,5,7,8, 10,11,13) of the Convention.
d.Legal environment
Since the democratic changes of 1990, political, social, and economic
structure, and institutional changes are emerging in Mongolia. Many
changes and amendments have been made to the laws adopted in socialist
construction ruction in accordance with the demands and principles
of civil society with a market economy.
The Parliament of Mongolia has adopted more than 200 laws, and
made amendments to 120 laws. In 1992, Mongolia adopted its new Constitution,
thus, Mongolia ratified international treaties and conventions on
economic, social, scientific, cultural issues within the framework
of legal reform. However, when making the laws, law- makers do ido
not take into account women s rights, and gender equality
based on human principles. In addition, they do not have gender
sensitiveness, but only relying ied y only on only protectionist
approach, they do not realize that economic, social, political,
and inalienable rights of women are being violated and limited into
a certain extent limited.
Provisions that violated gender equality principles exist in the
Civicc Code, Family Law, Labor Code, Law against Pornography, and
the Law on Freedom of Press. Examples are articles 101, 102, 106,
107, 108 of Chapter Seven called "Women's Labor" of the
new Labor Code. These articles state ay that the government must
issue lists of works women can undertake, these articles also contain
ideas that only women may take care of the children. This creates
a legal condition that discriminates against women under the certain
of protectionist approach.
These laws limit the rights of women to enjoy their other economic,
social and cultural rights, and weaken mens obligation tto
take care ofor the children equally
with women. Further this This also weakens the responsibility of
the state and employers to let women to enjoy their right to freely
choose their jobs.
The aforementioned views in law violate provision 4 of the Article
2 of the Constitution which guarantees citizens right to freely
choose their work and profession,
and their right to be provided with favorable work condition to
work. These laws limit the rights of women to fully enjoy their
economic, social, and cultural rights,
and encourage the traditional view that only women are to raise
their children. On the other hand, it does not is not respecting
the fathers rights who have the interest
and possibility to raise their children, and restrict their rights
to obtain benefits if they want to take this responsibility.
According to article 4 of chapter 2 of the Pension lLegislation,
insured who reached age of 60men aged 60, and women aged 55, and
who paid contributions for no
less than 20 years into Pensions Fund for not less than 20 years
are entitled to receive an old age pension. But, women aged 55,
who paid contribution to the
Pension Fund for not less than 20 years can receive pension if they
desire so. This affectsforces women to be into earlyier retirement
than men and it also
violates the contradicts with Article 7 of the Labor Code, which
states "discrimination, or the conclusion of limitations or
advantage based on nationality, race, sex,
social origin or status, wealth, religion or ideology is prohibited."
According to the law of 1995, women who gave birth to four and
more children, who worked for twenty years were entitled to receive
compensation, and pushed
into early retirement. Thousands of women who reached the age of
36 and more were retired. Later, many women not pension age retired
for the reason that
because they were unable to receive compensation while working.
The Minister forf Social Protection and Labor Affairs during his
speech at a Government meeting in September 2000 has indicated that
there were 22,000
women aged 36-54 (from a total of 50000 people) who were collecting
compensation according to the law on compensation from Social Insurance
Fund.
This legislation with its protectionist approach reflects discrimination
against women and limits their rights to fully enjoy their political,
social, economic and cultural
rights.
Provision 24.3 of the newly adopted Family Law (1999) says that
a new-born child must carry theirits fathers last name.
This violates article 16 of the Convention, which says men and women
have the same rights and duties concerning children and it also
proves that the state is not undertaking its responsibility
Article 5.a, which says to modify the social and cultural patterns
of conduct of men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which are based
on the idea of the inferiority or the superiority of either of the
sexes or on stereotyped roles for men and women in accordance with
Article 5.a.
While debating family law during a Parliamentary session, male
gender based attitudes were evident by a general lack of decorum
by male parliamentarians during
the debate..
Since the law against prostitution allows punishment of women by
arrest, inprisonment and seizure of income, they become subject
to violence, while the men who
purvey in prostitution, escape punishment. This encourages a negative
social attitude towards women only and not the licentious behavior
this law intends to
eliminate. In addition article 12.2 of this law allows for the public
humiliation and ridicule by having large groups of alleged prostitutes
to be photographed and filmed
for publication and broadcast, prior to conviction. Police also
notify the alleged persons school or place of employment of the
arrest and if the person is homeless
local government agencies are notified. All these actions rudely
violate these womens personal rights. For example, one women
specifically askeaid she did not want her son to know about her
arrest. However, her family found information about her arrest in
the newspaper.
The media uses the "Law on Freedom of the Press" provisions,
which bar governmental censorship and interference, to continually
exploit women by allowing
sexually orientated media advertising. This violates a women's rights.
Although Mongolian laws and policies guarantee women's rights in
many ways, the implementation mechanisms are inadequate, governmental
officials and law
makers gender sensitivity is lacking,. T the education of
Government personnel responsible for gender issues is not insufficient,
and the government is not taking the
necessary measures to improve this situation.. This is one way a
reason the government is not implementing the national program for
the advancement of women and
thisis convention.
High government officials make excuses saying that "we have
no economic capacity to resolve these matters.". They do not
make any efforts to spell out better
policies to develop a civil society by to changeing old fashioned
management and to wisely useing their resources, and s. do not take
any measures to improve equal
participation of women in the development of a civil society. This
shows that tThe government does not have a good understanding of
social development in
connection with human rights and womens rights.
Thus, there is a great need for cooperation with the United Nations
and other international organizations to improve gender knowledge
of people in decision making
positions and increasing their responsibilities for insuring gender
equality for women.
De). Tradition and culture discriminate against women
Although Mongolia is following the path of justice, democracy,
and the principles of civil society, traditions and culture that
discriminate against women are strongly
maintainedkept. As a result of democracy, some cultural e and traditional
practices, especially religion arehave been restored. However, some
traditions strongly
express male power and privilege over women. For example, through
traditions like there areis a restoration of some traditions and
ceremonies bolstering power,
authority and property of men, such as worshiping mountains where
women cannot claimb, and worshiping places where women cannot go.
These events boost a
tendency to view women less than men, and give negative effect to
improveing womens equal participation in social life.
Radio, television, and newspaper advertisements use women almost
as goods. In Tthis way, it become evident that it discriminates
against women by appearance,
age, and encourages gender discrimination through the media. For
example, "Odriin sonin" nnewspaper uses pictures of naked
womens picture for advertising car
enginess. One company when they advertise window frames, they uuses
expression saying "good window, and beautiful women are a means
good decoration". When advertising soap, detergent, electronic
goods, usually women are those who are using and demonstrating these
goods while men are laying or sitting, watching what they are doing.
The Mongolian traditional view "women are slaves for men and
servants for the home " is still maintainedkept, and women
take care of all the household works, care for the children, and
husbands, and parents. In reality, the survey shows, women work
approximately 3-6 hours more than men a day.
Some proverbsSome words of wisdom, traditional songs contain gender
discriminative words, which affect womens political, economic,
social status of women.
For example, traditional proverbs such as "womens hair
is long, but their minds are short", "worst man can still
be better than women", these are still being have their
impact to become obstacles toin increaseing the political status
of women.
Proverbs, which have ideas to encourage discrimination, violence
against women, and protect the view that man, must have absolute
power and control over the
home, and property are still deeply embeddedvery sound. These proverbs
being expressed through the words like "if a husband does not
beat uphis wife once a
month, he is not man", "it is a womens destiny to
follow men wherever they go." This is one of the definite reasons
why family property is usually registered within the mans
name.
There is a tendency to bring back traditions to steal cape women
by force for wedding ceremony in local areas. In the traditional
wedding ceremony, the
bride must serve all the guests with food. This demonstrates the
idea that a women coming to a means house must become his
"servant."
Four. NGO activities for the improvement of implementation of
CEDAW (Attachment 1)
Five. Recommendation
One. To the Parliament
1. To choose a better election system, which increases womens
representation, and establishes gender equality in the political
arena. Especially, to take into
consideration the project proposed by former Parliament Member Mr.
S. Bayartsogt, and reach agreement on this matter.
2. To adopt the Law on Domestic Violence initiated and drafted by
the National Center Against Violence, and Women Lawyers Association,
in within the year
of 2001.
3. To establish a legal environment for women to enjoy equal rights
and duties with men by making amendments to certain laws that violate
gender equality
principles. These include the following provisions of laws: Articles
24, 3 of the Family Law, Articles 100.1; 101.1; 102.1; 105.1; 106.2
of the Chapter 7 of
the Labor Law, Article 13. 2.1 of the Law Against Prostitution,
Articles 96.2; 96.4; 96.5 of the Civil Law, Article 4 of Chapter
2 of the Law on
Compensation from Social Insurance Fund.
4. Ratify the Optional Protocol of CEDAW
Two. To the Government
1.To make progress for the implementation of the National program,
to make an outstanding plan and to seek for cooperation with NGOs
to successfully
implement Part J "Participation of women in decision making
" within the framework of the provisions of B,D,G of part "Implementing
activities."
2.To change bank, finance, and tax policies in order to support
small, to medium business, to increase quantity and the quality
of work places for women, and to
support women who are making achievements in business.
3.Annul Resolution A\70 of the Minister of Social Protection and
Labor Affairs, which does not give benefits to women who were not
under the supervision of
doctor during pregnancy
4.By increasing taxes on businesses which operate lotteries, gambling,
and the sale of alcohol and tobacco products. The government should
decrease taxes for
businesses operating service and activities for the development
of society, such as education, culture, and the health care sectors.
5.To establish supervisory bodies in central and local provincial
government, to monitor the implementation of human rights and womens
rights conventions, and
to coordinate its activities with NGOs and other political
forces.
6.To enroll persons responsible for human resource at all level
of government agencies in international and domestic training, seminars
on human rights and
gender issues. Work in cooperation with organizations with similar
functions in the international arena and receive capacity building
and resource assistance
from womens NGOs.
7.To enroll persons responsible for human resource of the all level
of governmentTo To work together with The CEDAW Network Watch Center
and other
NGOs working on this matter to draft a Law Against Discrimination
and submit it to the Parliament in within the year of 2002.
8.To submit CEDAW Optional Protocol to be ratified by the Parliament.
Three. To the political parties
1.To implement planned activities to support highly educated,
honest, capable women interested toin participating e in the 2004
parliamentary and local elections
by through publicizing these women to become known forto the public,
prepare them through international and domestic training.
2.To promote well educated, and experienced women into high political
positions.
3.To produce a Strategic Plan within the framework of activities
in Part J of the National Program on the Advancement of Women and
reflect this in the Action
Plan for parliamentary and local elections of 2004.
4.To learn to merge its activities with other social force to ensure
national unity and social development in more than a just democratic
way and to build gender
equality in the political, economic, and social life of the country.
Four. To law enforcement organizations
1.To train all levels of judges, lawyers, and prosecutors to improve
their gender sensitiveness and knowledge.
2.To take measures in order that for the due process of law must
be implemented in accordance with international conventions to which
Mongolia is party.
Five. To Media
1.Not to publish business advertisements ings that clearly discriminate
against women by age, and outside appearance.
2.Not to use women for sex advertising, and to follow the laws and
instructions prohibiting such advertisements.
3.To increase the publication of articles and columns on the contribution
of women involved in the political, economic, and social development
of the country,
and to endorse such activities by announcing awards to journalists
and writers, with close coordination with NGOs.
Six. To Women's NGOs
1.Womens NGOs must be able to successfully coordinate
their activities on the enhancement of womens rights and gender
equality.
2.To contribute to the creation of social attitudes to evaluate,
to be proud of, and to support each others good initiatives,
and accomplishments.
3.Put forward every effort with their strength, intelligence, and
all possibilities to create personnel, and organizations specialized
in womens rights and gender
equality.
4.To improve their English and other foreign language skills in
order to perform run their activities at an in international level.
5.To work with the spirit of harmony with other governmental and
non-governmental organizations, on the issues of human rights and
gender equality and to
make progress in the social development of the country.
Written by: J.Zanaa The National CEDAW Watch Network Center
Suggestions to this report made by:
J. Altantsetseg - The National Center Against Violence
N.Selenge - Mongolian Association of Disabled Women
N.Chinchuluun - Center for Human Rights and Development HRDC
G.Enhsaihan - Mongolian Business Womens Association
J.Erdenchimeg - Mongolian Womens Federation F
O.Yanjinlham - Mongolian University Womens Association
R. Yanjmaa - Women for Justice Movement
Translated by:
A .Bayarma - The National CEDAW Watch Network Center
B.Dorjbat - The National CEDAW Watch Network Center
M.Ichinnorov - Lawyers Center Supporting Legal Reform in Mongolia
Edited and revised by:
Anthony Hugh Townrow The National CEDAW Watch Network Center
Materials used:
1.The Convention on the Elimination of All Forms of Discrimination
Against Women
2.The Constitution of Mongolia
3.Civil Code
4.Labor Code
5.Family Law
6.Law on Pensions and Benefits from Social Insurance Fund
7.Law Against Prostitution
8.The National Program n the Advancement of Women's Condition, 1996
9.Survey by the Liberal Women's Brain Pool, 1998
10.Survey by the National Center Against Violence, 1998
11.Survey by Women's Information and Research Center, 1997
12.Survey by Women Lawyers Association, 1998
13.Survey by the National CEDAW Watch Network Center, 1999
14.Questionnaire conducted by the Mongolian Women's NGOs' Coalition,
2000
15.Survey by D.Tamjidmaa and N.Murun "Women and children-victims
of violence", 1999
16.The National Statistical Data, 1998
17.United Nations Development Report, 1998
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