National Report
on Follow-up to The World Summit for Children
Mongolia
Introduction and Background
After 70 years of rule by a single political party, the democratic elections of 1990 marked Mongolia’s first major step in the transition from a centralized planning system to a market economy. In May of the same year, with the signature of its President, Mongolia became the seventh country to accede to the Convention on the Rights of the Child (CRC). Finally, on 30 September, the Mongolian delegation, headed by the Minister for Foreign Relations, joined with 158 other countries attending the World Summit for Children in making a national commitment to the Plan of Action on the Survival, Protection and Development of Children in the 1990s.
Thus, since the very beginning, realization of the Government’s commitments and obligations under the CRC and WSC to enhance and promote the rights and welfare of Mongolia’s children has been closely interlinked with the long and difficult process of political, economic and social transformation. Unquestionably, many of the short-term consequences of the institutional and structural reforms undertaken since 1990 have had many unfortunate side-effects, including a sharp rise in poverty, reduced access to social services and a deterioration in their quality, declining primary school enrolment, widening urban-rural disparities and a increasing exposure of many children to exclusion, exploitation and hardship. While the Government’s commitment to children remains firm, its ability to address these problems as been severely limited by fiscal constraints and frequent political and administrative changes.
In response to paragraph 34 of the World Summit Plan of Action, Mongolia developed a National Programme of Action for the Development of Children in the 1990s (NPA), which was formally adopted in 1993. Though practical obstacles to full implementation were recognized at the time, the NPA nevertheless provided a general reference and framework for specific policies, plans and programs for children. By 1995, all provinces had completed Local Action Plans to address specific local issues and priorities within the context of the NPA. Implementation and monitoring at this level were to be carried out under the authority of the respective provincial Governors.
In 1995 a mid-term action plan was developed to update the original NPA and to take into account some of the major changes brought about by the transition process. Another important mid-decade event was the convening of a National Forum on “Child-Development and Protection” in April of 1995. Representatives from all social groups in cities and rural areas, as well as NGOs, social, cultural, religious, business and other institutions, including the mass media, were brought together to discuss the situation of Mongolian children, their special needs, and the effectiveness of existing programs and services. The Forum adopted a Mongolian National Declaration for Children, endorsing Mongolia’s accession to the CRC and reaffirming its commitment to the goals and principles of the World Summit for Children. In addition, the Declaration spelled out the duties and responsibilities of civil society institutions and the public at large for the realization of these commitments and goals. Among the specific outcomes of the Children’s Forum was the recommendation, subsequently acted upon by the Parliament, to establish a National Council for Children, with responsibilities for mobilizing national resources, coordinating actions by the state and other public institutions, and encouraging participation by civil society groups and private citizens in monitoring the status of children’s rights in the country.
The Report on the implementation of mid-term goals of WSC and NPA was issued in 1997. It was discussed at the Cabinet meeting and emphasised that the mid-term goals of NPA were mainly achieved and further steps to be taken to ensure the long-term objectives. Mongolia joined the “Bangkok Declaration”, adopted by the Ministerial Conference on the World Summit Gaols for Children held in Bangkok in November 1998. The Working Committee headed by Cabinet Member, is now working on the review of the implementation of the long-term goals of NPA and the further Programmes for the 2002-2010. Report will be finalized in the second half of the year and discussed by a Cabinet Meeting.
In accordance with article 44 of the Convention on the Rights of the Child, the Government of Mongolia submitted its first National Report on implementation of the Convention to the Committee on the Rights of the Child. The Committee has considered the Report and issued its recommendations.
The Committee noted that in spite of difficulties of political and economic change during the transition period, many positive steps had been taken by the Government, including, for example, emphasis on child issues in its National Program of Action, substantial efforts toward legal reform, and establishment of mechanisms such as the National Center for Children and the National Council for Children, which are responsible for coordination of policies and programs to address children’s issues. The Committee’s recommendations for future improvements included the following:
· To improve coordination between government agencies responsible for children’s rights and welfare, and enhance cooperation with non-government organizations;
· To establish a control mechanism for implementation of the Convention; to collect information concerning Mongolian children, especially those from vulnerable groups; to disseminate and introduce the Convention’s provisions and principles to the adult population as well as children;
· To implement the Plan for prevention of violations of child’s rights;
· To reform the criminal justice system for administering cases of juvenile delinquency, and give greater emphasis to prevention of juvenile crime.
Process Established for the End-decade Review
The End-decade Review of progress in achieving the World Summit goals has been carried out in several stages. End-Decade Assessment Task Force of UNICEF Programmes supporting NPA led by the Chairperson of the National Committee for Children is working under the Ministry of Social Welfare and Labour. This Task Force was able to build on earlier drafts and on the work of an independent (non-governmental) task force that had prepared a Situational Analysis of Children and Women in Mongolia. In addition, reports and perspectives from the provincial levels were also evaluated and incorporated. Working drafts were shared with relevant government agencies and non-governmental organizations for comment and additional feedback before finalization of the National Report in its present form.
Another significant source of input for the end-decade review was a series of “One World” conferences carried out in 1999 and 2000. These conferences were organized by the Government in collaboration with the United Nations Country Team under the leadership of the Resident Coordinator. Women for Social Progress, an NGO, was the implementing agency. Conference participants were children and adolescents between 15 and 19 years of age, including those from various social groups such as low income, disabled children and orphans. The idea behind these conferences was to raise awareness of the conclusions and action agendas of the Global Summits held during the 1990s on various social and economic issues, and to encourage and support greater participation of children in their follow-up and implementation. In particular, output from the conference on the topic of “The Child” is reflected in the National Report.
Statistical data on the situation of children and women in Mongolia has improved considerably in both quantity and quality over the last decade. A second Multi-Indicator Cluster Survey (MICS) survey focusing specifically on the World Summit goals was carried out in mid-2000. The Mongolian National Report on the Education for All (EFA) assessment, published early in 2000 as part of a global assessment of EFA achievement, provides a comprehensive overview of the basic education sector. An independent situational analysis of children and women in Mongolia, supported by UNICEF, is nearing completion. Drawing upon a wide variety of information sources, this study brings coherence and an analytical perspective to a diverse body of data to make it more accessible and useful as a framework for policy development and evaluation.
Statistics and other factual information cited in the remainder of this report are taken from a wide variety of sources. In addition to those mentioned above, these include official reports and other relevant documents, such as the annual Mongolian Statistical Yearbook, and from recent surveys, including a Reproductive Health Survey and a Living Standards Measurement Survey, both conducted in 1998. The main findings of the Population and Housing Census 2000 have recently become available, providing an authoritative update on basic demographic data and other information. Finally, reports and other documentation on the Government-UNICEF programme of cooperation have been consulted, and are referred to as appropriate in this Report.
Action at the National and International Levels
Several national actions to give concrete meaning to the commitments made at the World Summit for Children have been mentioned in an earlier section. In particular, an NPA was developed and implemented, and used as a basis for monitoring and assessment of progress.
Mongolia has been particularly active over the decade of the 1990s in the area of legal reform aimed at bringing domestic laws, regulations and procedures into line with international standards and principles. The new Constitution, adopted in 1992, established the foundation for political democratisation, human rights and fundamental freedoms, and guaranteed equal rights and treatment for women and men, the right to health protection and medical care and to basic education. A wide range of legislative actions, executive decrees and other legal measures have been taken over the decade, a few examples of which are as follows:
· The Law Protecting Children’s Rights (1996) guarantees a child’s right to live a safe and healthy life, to be protected and to take part in the affairs of the society. It lays out the responsibilities of the state in these matters, and prescribes procedures for the legal enforcement of children’s rights and for actions in the event of violations.
· The Education Law, adopted in 1991 and amended several times, establishes free and compulsory schooling for children aged 8-15, and stipulates that pre-school education is an integral part of the basic education structure.
· The Social Security Law (1996) provides for maternity allowances before and after birth for women with no social insurance; the law also provides social protection for women and small children, the elderly and disabled, and families below the poverty line.
· The Law on Temporary Detention of Children without Supervision (1999) regulates procedures and responsibilities in circumstances involving children whose life or health may be at risk, who have no permanent address and whose parents or guardians are unknown.
· The Law on Social Benefits (1995) (also called the Social Welfare Law) covers a wide range of social benefit entitlements for orphans, disabled children, mothers of twins or other multiple births, and others.
· The Family Law (1999) provides that both parents have equal rights and obligations regarding their children, and are jointly responsible for the welfare of children in the event of dissolution of the marriage. It also stipulates legal action that may be taken in cases of parental abuse or negligence.
Other legal actions have been taken in relation to the employment of minors in hazardous work, protection of the rights of disabled persons in school and the workplace, prohibition of the sale of alcohol to persons under 18 years of age, and employment contracts involving children.
Mongolia is party to over 30 international human rights conventions, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The Government has participated in major international conferences and summits during the 1990s, such as the World Summit for Social Development, the Conference on Population and Development and the World Conference on Women, and has endorsed the resulting agreements and plans of action. In 1998, the Mongolian Parliament ratified the Hague Convention on Co-operation for Adopting Children between countries, and in 1999 Mongolia ratified the ILO 182nd Convention on the Elimination of the Worst Forms of Child Labour. The Government has also working on implementing the 20/20 principle, by which 20 per cent of both the national budget and donor assistance should be allocated for basic social services.
At the regional level, Mongolia has sent a delegation to each of the four Ministerial Consultations on Children and Development, organized in collaboration with UNICEF for countries of East Asia and the Pacific. These consultations have provided all countries in the region an opportunity to share experience on measures adopted to implement the World Summit Plan of Action for Children, and to assess progress and constraints encountered.
Specific Actions for Child Survival, Protection, Development
a) Ratification of the CRC; promote implementation and monitoring
The Government has played an active role in promoting full implementation and monitoring of the CRC. The 1992 Constitution embodies most of the main principles of the Convention, and declares that “the interests and rights of the family, mothers and children shall be protected by the state.” The Constitution also provides that “international treaties shall be enforceable as domestic legislation as soon as the law on ratification of or accession to it has come into effect,” creating the legal basis for application of the Convention as national law within the territory of Mongolia.
Other measures, some trough direct sponsorship, as in the case of the National Forum on Child Development and Protection, and others through indirect support and the creation of an enabling environment, such as the adoption of the Law on NGOs, have helped to raise awareness and create a sense of public responsibility for monitoring children’s issues by civil society groups and the public at large.
b) Combat childhood diseases; prioritise prevention and treatment of AIDS; provide universal access to safe drinking water and sanitary excreta disposal
Mongolia has an extensive public health infrastructure, though keeping all facilities adequately stocked, maintained and staffed has been a challenge under the fiscal constraints of the past decade. Nevertheless, more than 95 per cent of children are born in hospitals, and a similar percentage of pregnant women are provided with prenatal care from medically qualified health personnel. Child immunization coverage in rural areas has increased by 5-10 per cent in recent years due to improvements in vaccine transport and storage, and reaches 85-90 per cent nationally for all EPI antigens. As a result, a decline in the incidence of several infectious diseases, such as diphtheria and measles, has been noted. No polio cases have been reported since 1993 and there have been no cases of neonatal tetanus for the past 20 years. Other areas where significant improvement has been achieved include the promotion of proper home treatment of diarrhoea, and timely and appropriate medical attention for acute respiratory infections. Both of these diseases are still among the major causes of sickness and death among young children.