The National Human Rights Commission of Mongolia submitted “the 12th report on human rights and freedoms in Mongolia” to the State great Khural in April 2013. Having considered the report and the recommendations and proposals of the Commission, the Standing Committee on Legal Affairs adopted Resolution 13 on 3 July 2013. Below is Resolution 13 of the Standing Committee on Legal Affairs in full.
Resolution by the Standing Committee of the State Great Khural
03 July 2013 No 13 Ulaanbaatar City
On certain measures to be taken in connection with the consideration of the “Report on human rights and freedoms in Mongolia”
The Standing Committee on Legal affairs of the State Great Khural considered “the 12th Report on human rights and freedoms in Mongolia” (hereinafter the Report of the Commission) in its sessions on 24 April 2013 and 22 May 2013, following a public discussion on the Report in the State Building on 21 May 2013.
The Report of the Commission was developed on the basis of inquiries and monitoring projects conducted by government organizations, civil society organizations, and the National Human Rights Commission of Mongolia, as well as the recommendations of the Commissioners, activity reports delivered by various organizations, news released by the media, and complaints lodged by individuals, and submitted to and considered by the State Great Khural, in order to have certain decisions released by the State Great Khural as stated in the Clause 13.1 of Article 13 of the Law on the National Human Rights Commission of Mongolia.
Based on Clause 21.5 of Article 21 of the Law on the State Great Khural, Clause 47.6 of Article 47 of the Law on Session Procedure of the State Great Khural, suggestions by members of the Standing Committee on Legal Affairs of the State Great Khural, and recommendations included in the report of the Commission, the Standing Committee on Legal Affairs resolves:
1. To compliment the proposals and recommendations submitted within the report.
2. To order the Government (Altankhuyag Norov) to take the following measures with reference to the report of the Commission:
1) to develop a detailed plan for implementing the unfulfilled recommendations mentioned in the previous reports on the human rights and freedom in Mongolia and to ensure their fulfillment;
2) to create a mechanism for the cabinet to hear and discuss on an annual basis the implementation of recommendations given by the UN human rights bodies and to report to relevant authorities;
3) to strengthen the accountability mechanisms for those special license holders who failed to complete technical and environmental restoration work in extraction areas and to provide civil society organizations the opportunity to carry out independent monitoring over the extraction and restoration process;
4) to develop and submit a proposal for license regulations to ensure that infrastructure problems including, railway or local road issues, have been fully resolved to the satisfaction of local residents, prior to the exploitation of large scale mineral resources such as coal and iron ore. In particular, roads must have sufficient load-bearing capacity to allow mining trucks and all related transport to operate without damage to the surrounding environment;
5) to accede to the 176th International Labour Organisation Convention on Safety and Health in Mines, which aims to prevent workers in the mining sector from incurring injuries, accidents, and diseases, and to improve the quality of and accessibility to medical treatment, and to ensure safety at workplaces, and to create a legal mechanism for compensation in cases of loss of life and injury caused by mining;
6) to accede to the Convention on Access to Information, Public Participation, in Decision Making and Access to Justice in Environmental Matters (the Aarhus Convention). To create a domestic legal framework that allows meaningful and active participation of the Governors of the Provinces, the Soums, the Citizen’s Representative Khural, and the public;
7) to accede to the Third Optional Protocol to the United Nations Convention on the Rights of the Child;
8) to carry out analysis of the legislation protecting the rights of the child, improve the legislation to fight against and prevent from child neglect and child abuse, and ensure the implementation of “Requirements for protective clothing and safety kits used in national horse racing events” standard (MNS 6264-2011), adopted in Resolution 28 of the National Board of Standardisation;
9) to establish secondary schools in each region with a general-standardised curriculum along side religious studies in order to improve school enrolment for children;
10) to improve physical accessibility of schools and provide learning equipment and tools that meet the needs of children with disabilities. Establish new kindergartens, dormitories and secondary schools, vocational training centres nation-wide to meet the special needs of students with disabilities, and take effective measures to ensure quality of education, social life, hygiene, and safety;
11) to take effective measures to implement the recommendations related to the rights of gay, lesbian, bisexual, and transgender people (LGBT) provided by the United Nations Human Rights Council, the Committee against Torture, and the Human Rights Committee;
12) to submit the laws stated in this resolution and other relevant draft decisions of the State Great Khural to the State Great Khural within 2013;
13) to include within the 2014 Consolidated State Budget the funding necessary for expenses of wage and communication and correspondence of 21 full-time officers of the National Human Rights Commission of Mongolia who shall work in each province.
3. To order the Standing Committee on Legal Affairs(Tuvdendorj Sharavdorj) to take responsibility for the supervision over the fulfillment of this resolution.
4. To order the National Human Rights Commission (Byambadorj Jamsran) to assess the implementation of the recommendations included in the 12threport on thehuman rights and freedoms in Mongolia annually and specially present on relevant organizations and officials who didn’t implement the recommendations to the State Great Khural along with the next annual report on human rights and freedom in Mongolia.
CHAIRMAN OF THE STANDING COMMITTEE ON LEGAL AFFAIRS