Experts of the Committee on the Rights of Persons with Disabilities Commend Mongolia on Initiatives Promoting Sign Language, Ask Questions on Accessibility Measures and the Legal Capacity of Persons with Disabilities
The Committee on the Rights of Persons with Disabilities today concluded its consideration of the combined second and third periodic report of Mongolia on its implementation of the Convention on the Rights of Persons with Disabilities. Committee Experts commended initiatives promoting the use of sign language, while asking questions on public structures’ reported accessibility shortcomings and the legal capacity of persons with disabilities.
Saowalak Thongkuay, Committee Expert and Leader of the Country Taskforce for Mongolia, and other Committee Experts welcomed that many initiatives related to sign language were being implemented. What was the status of the draft law on sign language? What was the State party doing to train sign language interpreters, of which there was reportedly a deficit, and to increase sign language interpretation in broadcast media?
Narantuya Ganbat, representative of the National Human Rights Commission of Mongolia, said in her opening statement that accessibility standards were being adopted and accessible elements were increasingly being introduced. However, many public structures did not comply with the standards. A Committee Expert added that measures adopted regarding accessibility were reportedly weak. What measures were in place to deal with shortcomings in State authorities in terms of physical and digital accessibility?
One Committee Expert said that within the disability rights law, there were no provisions that defined or respected the legal capacity of persons with disabilities. In the Civil Code, there were provisions that gave full authority to judges to deprive persons of their legal capacity if they “lost control of themselves”. How did national legislation promote the exercise of legal capacity of persons with disabilities? Another Committee Expert said depriving people with intellectual disabilities of legal capacity was not in line with the Convention. They called on the State party to change this situation with urgency.
Introducing the report, Zulpkhar Sarkhad, Deputy Minister for Labour and Social Protection and head of the delegation, said that, to improve access to information for persons with disabilities, non-governmental organizations were carrying out accessibility assessment studies. From 2022, a 2.5-year programme on training professional sign interpreters had commenced.
The delegation added that training had been provided for children with hearing impediments, sign language education resources had been published online, and speech-to-text devices had been provided to schools. 18 national television stations out of 73 offered sign language options, but the Government was working to increase this number. Together with the private sector, the Government had developed a web application that provided sign language interpretation. The sign language law was being developed by a dedicated working group, and would soon be presented to the public for consultation, and then presented for adoption.
Accessibility rules and standards had been revised and approved in the construction, road and transportation sectors, the delegation stated. Since 2022, a checklist for evaluating accessibility of buildings and structures was being used. The Government had initiated an assessment of the accessibility of public transportation, which had found gaps. It had since purchased 810 accessible buses, of which around 220 had been delivered. Regular accessibility assessments of public transport would continue to be carried out with non-governmental organizations.
On legal capacity, the delegation said that in article 18 of the Civil Code, persons with psychosocial disabilities were considered to not have legal capacity and required to be represented by their carers in court. The State party would deliver the Committee’s advice regarding legal capacity to the Ministry of Justice. Adjustments were needed in national legislation, and the process of revising this legislation to bring it in line with the Convention had begun. Wide-ranging discussions would be held with persons with disabilities on this issue.
In concluding remarks, Ms. Ganbat, said Mongolia had made efforts to promote inclusion and equality. There were areas, however, where further effort was needed. The Committee’s insights had provided a roadmap for future action. The accurate measure of the success of disability measures lay not only in policies enacted but also in lives touched.
Mr. Sarkhad, in his concluding remarks, said the spirit of the Sustainable Development Goals in “leaving no one behind” was the basis of the Government’s social protection, healthcare and education policies. The Government had concrete strategies and plans to ensure the rights of persons with disabilities. The delegation would carefully address every recommendation made by the Committee, together with civil society organizations and organisations of persons with disabilities.
Ms. Thongkuay expressed thanks to the Mongolian delegation for the dialogue, which had provided insights into the State’s disability policy. The Committee welcomed the efforts the State party had made for persons with disabilities, and had raised concerns regarding certain elements of the State’s policy and measures. Persons with disabilities needed to be included in policy development, and they needed to be supported in accessing social services and development. Strong political commitments, budgets and timeframes were needed to achieve results.
The delegation of Mongolia consisted of the Social Policy and Development Advisor to the Prime Minister and Deputy Governor of the Capital City; and representatives of the Ministry of Labour and Social Protection; Ministry of Construction and Urban Development; Ministry of Education and Science; General Agency for Development of Persons with Disabilities; Ministry of Foreign Affairs; Ministry of Health; Ministry of Finance; National Emergency Management Agency; Ministry of Justice and Home Affairs; Ministry of Digital Development and Communications; Ministry of Culture; and the Permanent Mission of Mongolia to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Mongolia at the end of its twenty-ninth session, which concludes on 8 September. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.
The Committee will next meet in public on Friday, 18 August at 3 p.m. to hold an interactive panel discussion to mark the one-year anniversary of the Committee’s Guidelines on deinstitutionalization, including in emergencies.
Report
The Committee has before it the combined second and third periodic report of Mongolia (CRPD/C/MNG/2-3).
Presentation of Report
ZULPKHAR SARKHAD, Deputy Minister for Labour and Social Protection and head of the delegation, said Mongolia had ratified the Convention and its additional protocol in December 2008. The ratification of the Law on the Rights of Persons with Disabilities in 2016 was an important milestone. This law adhered to the concept and principles of the Convention and was void of an earlier approach based on welfare, the medical model of disability, and traditional attitudes. Fifteen rules, regulations and standards accompanying the law were adopted and had been implemented. Moreover, the Part-Time Council for Ensuring the Rights of Persons with Disabilities was established, with Sub-Councils set up at all ministries, and Branch-Councils established in the capital city districts and provinces. The Councils were represented by managerial level staff of state organisations and representatives of non-governmental organisations of persons with disabilities, who oversaw the activities of the councils. They fostered intersectoral coordination and encouraged the participation of persons with disabilities.
The National Programme on Rights, Participation and Development of Persons with Disabilities was approved in 2017 and implemented from 2018 to 2021. The General Authority for Development of Persons with Disabilities was established in 2018, to ensure intersectoral coordination of implementation of policies and programmes for persons with disabilities. In 2016, the Central Commission for Health, Education, and Social Protection of Children with Disabilities was established within the Ministry of Labour and Social Protection. The Commission was tasked with determining disabilities in children up to 16 years of age, and coordinating and monitoring health, education and social security services. The Development Center for Rehabilitation of Children with Disabilities, established in 2019, provided comprehensive health and social rehabilitation services for children with disabilities at the national level. A revision of the Labour Law was approved in 2021, which stipulated non-discrimination based on disability in labour relations.
The international "Disability and Equality" training programme was introduced in 2016. Mongolia had become one of three countries within this programme capable of training trainers internally. Since 2017, more than 40,000 people had participated in over 550 training sessions. Since 2015, the Japan International Cooperation Agency had been implementing two projects ensuring the rights of children with disabilities, and since 2016, a two-staged project on increasing social participation and creation of an employment-support system. The Agency had trained workplace interns, business influence trainers, accessibility assessment specialists and disability awareness trainers. Within the framework of a 2017 Asian Development Bank soft loan project, Development Centres for Persons with Disabilities were built in six provinces and an Integrated Employment Centre for Persons with Disabilities was built in Ulaanbaatar. The project also supported the development of speech-to-text software and provided policy consulting services.
To improve access to information for persons with disabilities, non-governmental organizations were carrying out accessibility assessment studies. From 2022, a 2.5-year programme on training professional sign interpreters had commenced. More than 20 resolutions, rules and regulations were approved in relation to the inclusive education of children with disabilities and the capacity building of teachers. The revised Education Package Law, which included major policy regulations in support of inclusive education, had been ratified.
Accessibility rules and standards were revised and approved in the construction, road, and transportation sectors. Since 2022, a checklist for evaluating accessibility of buildings and structures was being used. The Government had paid special attention to supporting livelihoods of persons with disabilities and improving digital social care and protection services. Pensions and welfare allowances of persons with disabilities had been increased. To cover this increase in pensions and allowances, a total of 89.8 billion Mongolian Tughriks allocation was approved.
In 2023, the Government had conducted a study of conformity and compatibility of the Law on the Rights of Persons with Disabilities and other national legislation with the Convention. It had been revising and renewing the national laws accordingly.
Laws on accessibility, sign language, the rights of persons with disabilities, social welfare, employment promotion, construction and urban development laws were being drafted and revised and were to be submitted to the Parliament. The Social Insurance Package Law was approved by the Parliament in July 2023, which added a provision that the State would cover pension insurance premiums for parents caring for children with disabilities. During the COVID-19 pandemic, the Mongolian Parliament had expanded and increased access to social security services for vulnerable people.
Opening Statement by National Human Rights Institute
NARANTUYA GANBAT, representative of the National Human Rights Commission of Mongolia, said Mongolia had adopted laws that aligned with the Convention and had undertaken significant policy reforms. It had established agencies responsible for disability issues and allocated funds, even though it was still in deficit in most areas. Statistics showed improvements in employment, educational opportunities and accessibility of facilities and services. However, meaningful and universal improvements in the lives of the Mongolians with disabilities were still a long way off. In 2005, the number of people with disabilities was reportedly 73,000; in 2022, it was 115,000. Employees with disabilities were not common in the Mongolian workforce. 42 per cent of households with people with disabilities lived in poverty, compared to 18 per cent of other households. In 2022, 11 billion Mongolian Tughriks were allocated to employment support for people with disabilities. However, 36 per cent of 11,835 children with disabilities did not have access to education. The quality of education for children with disabilities at some schools, including more prestigious schools, was far from satisfactory, and schools were left behind on the policy radar. Regarding accessibility, standards were being adopted and accessible elements were increasingly being introduced. However, many public structures did not comply with the standards. Ms. Ganbat invited officials from the Mongolian Government to reflect on how to translate the changes in laws and policies to real life. Areas often left behind by disability policy, such as access to justice, the criminal justice system and the political participation of people with disabilities, needed to be discussed. Attention needed to be paid to Mongolians with disabilities living in remote areas and people with intellectual disabilities. The Mongolian Government was committed to improving the lives of people with disabilities and willing to discuss the situation openly with the National Human Rights Commission.
Questions by Committee Experts
SAOWALAK THONGKUAY, Committee Expert and Leader of the Country Taskforce for Mongolia, said the Mongolian People’s Republic had emphasised its commitment to promoting, protecting and fulfilling the human rights of persons with disabilities with the ratification of the Convention in 2009. The Committee appreciated the State’s efforts to establish the General Authority for the Development of Persons with Disabilities in 2018. However, there were still many areas in need of clarification, for instance the lack of implementation of previous concluding observations, the absence of a national strategy and action plans at the national and local levels to implement the Convention, and the absence of disability perspectives in the Civil Code. The Law of Mongolia on Human Rights of Persons with Disabilities of 2016 was not aligned with the Convention. Chapters eight and 10 incorporated the medical model to disability in the State party’s disability assessment system. In addition, the Civil Code, in particular the section on the civil-legal relationship, was not harmonised with the Convention or the International Covenant on Civil and Political Rights.
Ms. Thongkuay expressed concern about the lack of a strategy, plan of action with a timeframe, or sufficient resourcing for the implementation of the Law on Rights of Persons with Disabilities. There were also concerns about the funding of the National Committee for Persons with Disabilities; Subcommittees and Branch Committees for Persons with Disabilities in all provinces; and the General Authority for the Development of Persons with Disabilities. Further, there was a lack of legislation that ensured consultation with and support of persons with disabilities and their organisations. What steps had been taken to improve the situation? What mechanisms were in place to amend laws and regulations to bring them in line with the Convention, and to allocate sufficient budget and resources to the effective functioning of those Committees? How did the State party ensure the meaningful participation of organisations of persons with disabilities?
A Committee Expert said that the Committee included an excellent Expert from Mongolia, Ms. Gerel Dondovdorj. Was the State party considering taking measures in favour of community support, to change from a medical model to a human rights-based care model? Were women and girls with disabilities able to access sexual and reproductive healthcare? Were the rights of women and girls with disabilities reflected in the National Plan for Equality? Had Mongolia adopted specific measures and programmes for women with disabilities, particularly those with psychosocial disabilities?
Another Committee Expert called for information on measures to protect persons with disabilities from violence. How was the participation of non-governmental organizations ensured?
One Committee Expert asked if there were organisations of persons with disabilities representing persons with intellectual disabilities. Were these organisations run by persons with intellectual disabilities or representatives? Could the delegation provide information about awareness raising campaigns aimed at combatting stigma against persons with disabilities? How were persons with disabilities involved in the design of awareness campaigns and training? Was training on disability rights provided to law enforcement officials and the media?
A Committee Expert asked about structures the State had put in place to ensure effective implementation of the 2016 Law on the Rights of Persons with Disabilities. How were persons with disabilities involved in those structures? A survey of deaf persons in Mongolia found that a majority of deaf women could not write their names and were not conversant in sign language. How did the State party intend to support the education of these women? What steps had been taken to raise awareness about the Convention and the 2016 law on persons with disabilities?
One Committee Expert said the guidelines for classifying disability in legislation were ambiguous. What did the “international classification of physical abilities” refer to? What role did the relevant committee from the Ministry of Labour play in classifying disability? What were the roles of the three committees charged with classifying disability for children? Were these multidisciplinary committees?
Another Committee Expert said measures adopted regarding accessibility were reportedly weak. What measures were in place to deal with shortcomings in State authorities in terms of physical and digital accessibility? What measures had been adopted to ensure that transport systems were accessible and affordable, and to make printed information from the Government fully accessible?
GERTRUDE OFORIWA FEFOAME, Committee Chairperson, asked about steps taken to address challenges, including the lack of financial resources, to implement laws on the rights of persons with disabilities. How was implementation of disability policies measured? What measures were in place to implement the recommendations of the National Human Rights Commission to protect the rights of women and girls with disabilities? How did the State party ensure the meaningful participation of children with disabilities in decisions affecting them and the right to express their views?
Responses by the Delegation
The delegation said Mongolia had incorporated all the rights related to persons with disabilities in its 2016 law. The National Council on the Rights of Persons with Disabilities had been established and was headed by the Prime Minster. It included representative organisations of persons with disabilities and civil society organizations. There were also sub-councils headed by State Secretaries, and branch councils headed by Governors. In 2018, an implementing agency had been set up to promote the rights and development of persons with disabilities, and the Government had set up a centre for the rehabilitation of children with disabilities. In 2023, Mongolia was working with the Asian Development Bank to develop rehabilitation centres for persons with disabilities in all regions of the State and in every district of the capital city.
The State party had set up a working group that was studying national laws' compliance and aligning them with the Convention. This work was ongoing. The State party was introducing provisions supporting women and girls with disabilities. In 1991, the State party ratified the Convention on the Elimination of All Forms of Discrimination Against Women and had adopted laws on gender equality and combatting domestic violence. All forms of violence against women and girls were prohibited and the rights of women and girls with disabilities were protected under these laws.
The State party worked closely with non-governmental organizations and organisations of persons with disabilities, including the branch and sub-councils on disability. It also worked with carers and family members of persons with disabilities and outsourced some State functions to organisations of persons with disabilities. The State had conducted several assessments on accessibility and conducted awareness raising on disability rights, in collaboration with organisations of persons with disabilities.
Laws on welfare included provisions that addressed elderly people with disabilities. In-home services were provided to elderly persons and mobility devices were delivered to persons who needed them. Every province had a welfare fund branch. The elderly disability allowance had recently been increased. The Government also covered transport costs for elderly persons with disabilities to obtain healthcare.
The State party had developed a plan of action to protect women and girls with disabilities from violence and to promote their reproductive health. 80 billion Mongolian Tughriks had been invested in women and girls’ reproductive health services; training on reproductive and sexual health had been provided for medical professionals; and handouts on reproductive and sexual health of women and girls with disabilities had been distributed to healthcare staff. The Government was working on lowering unwanted pregnancies through distribution of contraceptive devices. Investment in contraceptives had been increased five-fold in the last five years.
In 2011, Mongolia adopted a law on gender equality and a programme to implement this law. Gender equality in the family and work environments were reflected in special programmes. Mongolia’s Vision 2050 aimed to decrease disparities between men and women. The programme on ensuring gender equality lasted from 2022 to 2031. There were currently no representatives of persons with disabilities on the National Committee on Gender Equality, so the Government would work to include women with disabilities on this Committee.
People with psychosocial disabilities had lower employment rates than the general population. “Job coaches” had been established to teach persons with disabilities, including persons with psychosocial disabilities, vocational skills. Around 20 non-governmental organizations had undertaken job coach training. In 2020, 79 persons with disabilities, including 30 persons with psychosocial disabilities, had received training from job coaches.
36 per cent of investment in childhood protection was devoted to protecting children with disabilities. The Government was restructuring the child protection sector this year. With the support of the Asian Development Bank and non-governmental organizations, the Government had carried out a study on violence against children and had put measures in place to combat such violence. Training had been provided to 500 children with disabilities on personal integrity and violence.
In 2017, an experimental programme on independent living had been conducted. A counselling programme provided advice to persons with disabilities and public servants on independent living.
The Government had initiated an assessment of the accessibility of public transportation, which had found gaps. It had since purchased 810 accessible buses, of which around 220 had been delivered. The Government was also revising the current transportation law to include a provision stipulating that all public transport needed to be made accessible. Only road development projects that met accessibility guidelines were accepted. Airport development projects had also been assessed in terms of accessibility, by organisations of persons with disabilities.
The law on mental health and other laws included provisions protecting persons with psychosocial disabilities. The Government was working with non-governmental organizations of persons with disabilities, to set up employment for persons with psychosocial disabilities and ensure their rights.
Committees protecting the health, education and other rights of children with disabilities had been set up. Members of these committees included doctors and parents of children with disabilities. In 2018, the Government also established the Agency for the Rights of Persons with Disabilities, and separate centres for rehabilitation and development of persons with disabilities. These centres provided assistive devices and support services to persons with disabilities in regional areas.
In 2022, a sign language curriculum had been developed, as well as guidance on sign language education. Training had been provided for children with hearing impediments, sign language education resources had been published online, and speech-to-text devices had been provided to schools. A curriculum for life-long learning had been developed. The package law on education had recently been adopted. It stipulated that sign language was the official language of education for children with disabilities in schools.
Mongolia defined disability based on a medical model, the World Health Organization International Classification of Disease 10. However, the Government was progressing towards International Classification of Functioning, Disability and Health, which was based on functional disabilities. It had conducted training for professionals and public officials, as well as awareness-raising campaigns regarding the International Classification of Functioning, Disability and Health, which targeted the public. A module on this model had been developed, but the Government needed to consider financing prior to its introduction. There were challenges in introducing International Classification of Functioning, Disability and Health, and Mongolia aimed to translate it to the realities of the State.
Since 2016, the State party had undertaken significant work to adjust laws and structures to the Convention. The draft law on accessibility was based on the Convention, addressing accessibility in information and communication. To develop this law, eight meetings and discussions had been held with non-governmental organizations and organisations of persons with disabilities. The Government had worked with public media organisations to increase accessibility of public broadcasts, and with State agencies to increase the accessibility of public websites. Accessibility standards for the media had been developed. 33 social insurance and welfare services were being converted into accessible formats for persons with visual and other impairments. 18 national television stations out of 73 offered sign language options, but the Government was working to increase this number. Together with the private sector, the Government had developed a web application that provided sign language interpretation. Standards on accessibility were delivered to private web developers.
In 2021, public transport standards were developed, and training was provided to conductors, on accommodating persons with disabilities. Training was provided to railway companies on disability. The Government intended to make railway facilities more accessible in the future. Regular accessibility assessments of public transport would continue to be carried out with non-governmental organizations.
Evaluation units undertook assessments of policies which supported persons with disabilities, and financial audits were carried out on State measures. A centre for receiving complaints from citizens had been set up. Academic institutions also assessed Government policies and provided recommendations. Mongolia was carrying out gender-sensitive, results-based budget planning. Approximately 1.9 per cent of the budget was allocated to persons with disabilities in 2023, a significant increase from past years.
The Government had developed guidelines on delivering health services to persons with disabilities. Within these, the Government planned at least 20 interventions, including the provision of at least one bed for persons with disabilities in all healthcare facilities.
Mongolia was one of the first countries to ratify the Convention on the Rights of the Child, and it had amended its laws on child protection and child rights in 2016. The Government had been undertaking measures to implement these laws, making sure that the rights of children were promoted. An emergency hotline for children had been established, which allowed children to access information on support services and to report abuse. The social protection sector worked closely with parents to ensure the safety and security of children with disabilities. To support the social participation of children with disabilities, the Government provided guidance to public service organisations. A children’s fund had been established to support Mongolian children to participate in international competitions. Standards on supporting children with disabilities had been developed, and around 30 non-governmental organizations worked on the rights of children with disabilities. They had received around 700 million Mongolian Tughriks in funding from the State.
Questions by Committee Experts
SAOWALAK THONGKUAY, Committee Expert and Leader of the Country Taskforce for Mongolia, asked for clarification on efforts to strengthen financing of programmes for persons with disabilities and measures to ensure meaningful participation of organisations of persons with disabilities. How did the State party assess the participation of children with disabilities in the development of policies? Ms. Thongkuay welcomed that many initiatives related to sign language were being implemented. What was the status of the draft law on sign language interpretation? How did the State plan to ensure reasonable accommodation of persons with disabilities? There was no comprehensive system coordinating the childhood development strategy or a plan of action. Did the State party plan to implement this, and involve organisations of persons with disabilities? Did the State plan to empower parents of children with disabilities, particularly those living in nomadic communities? What support did the State party plan to provide for children with disabilities who were victims of domestic abuse? What measures were in place to protect the rights of persons with disabilities who were victims of violence to access justice? Closed care services had recently been established for children with disabilities. How did the State party plan to implement an integrated care system in collaboration with organisations of persons with disabilities?
A Committee Expert said that reportedly, women and girls with disabilities had a lack of access to support services, particularly in rural areas. Were webpages with information on children with disabilities accessible? What was being done to prevent institutionalisation of children with disabilities, and to investigate the conditions of psychiatric facilities? How many women with disabilities were victims of trafficking? What measures were in place to prevent forced sterilisation? A law stated that sterilisation could be carried out to prevent the passing of certain forms of disability to children. This was entirely counter to the Convention. What measures were in place to revise this? The average salary for carers was well below the minimum wage. Would the State party rectify this?
Another Committee Expert said that persons with intellectual disabilities needed to be able to represent themselves. Did Mongolia have a plan to train public servants on supported decision-making? What was Mongolia doing to promote independent living?
One Committee Expert called for information on plans to assist persons with disabilities in disaster situations. How did the State party intend to assist persons with disabilities to live in the community and not in rehabilitation centres? How did the State intend to provide resources for personal assistance to allow persons with disabilities to live in the community?
A Committee Expert acknowledged the work being done to enable persons with disabilities to participate in community life. There were however pervasive negative attitudes towards persons with disabilities within families, which led to their placement within institutions. How would the State party address this?
Another Committee Expert called for more information on measures to support women who were deaf to interact with society. What measures would be taken to monitor and evaluate the human rights conditions of persons with disabilities in detention centres? How would the State party improve these conditions? The Expert called for information on persons with disabilities living in institutional settings. What was the Government plan for deinstitutionalisation?
One Committee Expert said that within the disability rights law, there were no provisions that defined or respected the legal capacity of persons with disabilities. In the Civil Code, there were provisions that gave full authority to judges to deprive persons of their legal capacity if they “lost control of themselves”. How did national legislation promote the exercise of legal capacity of persons with disabilities? The law on psychosocial disability was deeply concerning as it legitimised forced hospitalisation and allowed for restraints to be used when persons with disabilities were seen to “pose harm to the community”. Did Mongolia plan to reform this law to respect the dignity of persons with disabilities?
GERTRUDE OFORIWA FEFOAME, Committee Chairperson, asked about measures being taken to combat domestic and sexual violence against women and girls with disabilities and efforts to evaluate such measures.
Responses by the Delegation
The delegation said the State party had implemented the National Programme for Ensuring the Rights of Persons with Disabilities. A five-year strategic plan for ensuring the rights of persons with disabilities had also been developed, though it had yet to be implemented. The State party would reflect advice from the Committee in the plan. Every sector of the economy would be implementing the National Programme and plan. In 2023, two new Development Centres would be established in rural areas. The Centres offered development support, mobile services, family support services and medical support, including psychological help, mobility support and information support. The Centres also worked with carers.
Mongolian laws did not necessarily address women with disabilities. The State party planned to include this perspective in the law on disability rights in the future. The State planned to pay 100 per cent of carer’s premiums and intended to include a person with disabilities within the National Gender Equality Committee. Personal assistants were provided for children of mothers and fathers with disabilities up to two years of age.
Amendments to the law on combatting domestic violence could be made as over five years had passed since its implementation. The State party welcomed the Committee’s advice in this regard. There were 35 temporary shelters for victims of violence, and the State was working on improving training for staff in these shelters. In 2020, the police department opened a special unit dealing with domestic violence. Staff within this unit received training on dealing with violence against women and girls with disabilities. The Government was working to raise persons with disabilities’ awareness of violence, and had come up with a plan of action to protect the rights of women and girls with disabilities.
550 training sessions on the Convention and the rights of persons with disabilities for 45,000 people had been conducted. Trainers were persons with disabilities. The fourth Congress of Asia and the Pacific was held in Mongolia for the first time. At the Congress, Mongolian delegates sensitised participants on the rights of persons with disabilities. The State party used various channels, including posters, television spots and social media, to conduct awareness raising campaigns. The State had worked closely with civil society to develop content for these campaigns. With the Japan International Cooperation Agency, Mongolia had worked with private enterprises to train staff with disabilities. These activities had been suspended during the COVID-19 pandemic. Campaigns discouraging institutionalisation were also carried out. All forums and conferences conducted in Mongolia had sign language.
In article 32 of the law on the rights of persons with disabilities, independent living was mentioned. In the past four years, the Government had promoted independent living through pilot projects. The wage of personal assistants was 2.5 United States dollars per hour, which was twice the minimum wage. The Government established the pay of personal carers based on an assessment of the minimum wage.
Independent living, universal design and inclusive education were new concepts being implemented in the country. Peer counselling was used to promote these concepts. The State allocated budgets to non-governmental organizations to conduct such campaigns. Independent living centres had been set up with support from the State. Mongolia was moving from institutionalisation to the social model. It was localising new services to promote deinstitutionalisation.
The Constitution prohibited all forms of discrimination. Article five of the law on the rights of persons with disabilities said that any discrimination against persons with disabilities was prohibited. Article 14 of the Criminal Code stipulated clear sanctions for acts of light and severe discrimination. Light discrimination was fined, while severe discrimination could lead to a prison sentence. Laws were tied to the international treaties that Mongolia was a party to.
The Legal Institute of Mongolia conducted a study on the need for additional legislation on discrimination, which determined that discrimination clauses needed to be included in all national laws. This would be done. Article 45 on the law on the rights of persons with disabilities said that persons with disabilities, their guardians and carers could file complaints regarding violence to authorities, including through hotlines for reporting abuse. 500 handouts had been prepared for police authorities on dealing with discrimination. The law on developing legislation stated that persons with disabilities needed to be consulted with in accessible formats on any laws affecting them. Persons with disabilities could file complaints to the Ministry of Justice online through a dedicated website.
The welfare fund included a set of protections for children with disabilities. Every child in Mongolia received a child allowance of around 30 United States dollars. A study had found this was covering the basic needs of children. A study into children’s nutrition had also been carried out. Children under permanent care received 275,000 Mongolian Tughriks each month, and carers also received a care allowance. Medicines and sanatorium treatments were also discounted. Micronutrients and vitamins were provided via family health centres. Mobile teaching units were utilised in rural areas. Each region had a lifelong education support centre, which provided education to children who stayed at home under permanent care.
The law on mental health said that if clear deformities were detected in the foetus, abortions could be carried out. The law strictly stated however that the mother needed to be consulted with before making a decision on abortion. There had been no complaints received of forced abortion. The Government would continue to investigate the issue and work to detect secret abortions.
If a person with psychosocial disabilities was dangerous to the public or the family, isolation measures needed to be taken. The Government adopted regulations on how isolation was carried out. Only courts could order isolation in psychiatric wards. In all other cases, isolation could only be carried out with the consent of the affected person. Monitoring of doctors’ diagnoses was carried out to ensure that they were not discriminatory. Health services for persons with psychosocial disabilities were also monitored to ensure abuses of power did not take place.
In 2015, the Mongolian Government issued a resolution that dealt with the community-based response to disasters, which included provisions on promotion and protection of persons with disabilities from disasters. Public information on disaster prevention needed to be delivered nation-wide on a regular basis. Booklets, handbooks, videos and other visual information were prepared and delivered to persons with disabilities. A website on disaster management had been developed, and television programmes on disaster management with sign language and captioning was broadcast. During the COVID-19 pandemic, trainings on disaster prevention were conducted in isolation centres for persons with disabilities.
The sign language law was being developed by a dedicated working group. An assessment of needs had been carried out, which had found that sign language programmes needed to be introduced in curricula for children. The draft law would be presented to the public for consultation, and then presented for adoption. Free training on sign language for adults would be provided by lifelong learning centres.
In article 18 of the Civil Code, persons with psychosocial disabilities were considered to not have legal capacity and required to be represented by their carers in court. The working group considering the compatibility of Mongolian laws to international laws was considering whether to revise this law to address the legal capacity of persons with psychosocial disabilities.
The new package law on education promoted inclusive education. The transfer to inclusive education was gradually taking place.
State services were not evenly distributed. However, the Government was exerting efforts to limit bureaucracy and to rapidly digitise services so that persons with disabilities in rural areas could access them.
Questions by Committee Experts
SAOWALAK THONGKUAY, Committee Expert and Leader of the Country Taskforce for Mongolia, said six development centres had been established. How did the State party intend to support independent living for persons living in these centres? Transport support and community mechanisms needed to be initiated to protect these persons’ rights. What mechanisms were in place to prevent the misuse of the disability allowance, which was reportedly common? What measures were in place to promote the best interests of the child in courts?
What steps had been taken to revise medical models within legislation? Women with disabilities were targeted under employment promotion programmes. However, disability related clauses were not included in the guidelines of the programme, and there was not enough investment in supporting the employment of women with disabilities and persons with disabilities in general. How was the State party improving this situation?
There were insufficient resources for accessing quality assistive devises. How would access to such devices be supported? What steps had been taken to revise election laws to include disability perspectives? What mechanisms were in place to ensure the meaningful participation of organisations of persons with disabilities in international cooperation programmes, and how were the achievements of these programmes monitored?
One Committee Expert said the delegation had said that restraints were applied in mental health institutions if there was consent from the affected person. This seemed contrary to legislation. How was such consent obtained? Was the use of chemical or physical restraints permitted? How frequently were such restraints used?
A Committee Expert asked if the guidelines for preventing violence were available to all persons with disabilities. Had persons with disabilities been consulted regarding the draft guidelines for independent living? What measures were in place to derogate provisions of the Family Law which gave disability as grounds for denying marriage? There were many cases in which men divorced women with disabilities and received full custody of children. Conversely, when children with disabilities were born, women received full custody. What would be done to address this? Reportedly, care support was withdrawn when family members obtained employment. Would the State party stop this practice?
Another Committee Expert said measures to promote sign language were impressive. What was the State party doing to train sign language interpreters, of which there was reportedly a deficit, and to increase sign language interpretation in broadcast media? Good steps were being taken to make Government services more digital. What measures were in place to make Government websites accessible to persons with disabilities, especially persons with visual impairments through screen readers? Many children with disabilities, especially in rural areas, were rejected in regular schools due to a lack of infrastructure and skills on the part of teachers. What plan did the Government have to accelerate the transition from special schools to inclusive education and to train teachers in accommodating children with disabilities?
One Committee Expert said that the Convention required States parties to guarantee inclusive education. There were 355 long-life education programmes, of which 932 persons with disabilities were attending. What was the number of post-secondary students enrolled in this education? How did post-secondary students obtain accommodation in education, register complaints and receive reparation?
A Committee Expert said people with intellectual disabilities not having legal capacity was not in line with the Convention. The Expert urged the State party to change this situation with urgency.
Another Committee Expert said the State party had conducted programmes on disaster management for persons with hearing disabilities. Had it conducted programmes with persons with other disabilities? How did the State party intend to make the database on persons with disabilities accessible to persons with all forms of disability?
GERTRUDE OFORIWA FEFOAME, Committee Chairperson, asked for an update on the employment status law. What measures were in place to prevent discrimination in employment? How were persons with disabilities being involved in this process? What steps had been taken to revise the election law to promote the participation of persons with disabilities in elections? How was the State engaging with persons with disabilities to ensure that persons with disabilities were included in efforts to achieve the Sustainable Development Goals?
Responses by the Delegation
The delegation said the Asian Development Bank was constructing Development Centres in rural areas. None were in the capital city. These Centres provided services based on the social model of disability. They promoted employment, trained job coaches and provided rehabilitation services. Children with disabilities did not stay in the centres. Training was provided to parents of children with disabilities on how to support their children. The centres provided repairs to prosthetics and other mobility devices, eliminating the need to travel to the capital to obtain such devices. Education, health and social rehabilitation services were delivered to rural areas by these centres.
Legislation stipulated that when persons with disabilities could not receive welfare directly, the power of attorney could receive the money. The State party scanned fingerprints to ensure that the person entitled to the allowance received it. Every child was entitled to a child allowance, regardless of their guardians’ employment situation. However, guardians’ premium payments were stopped when they returned to work.
In June 2020, Government regulations on prothesis and orthosis devices were set up. Smart phones and other new devices were included on the list of devices. After the State purchased these devices, non-governmental organizations could bring the devices to persons with disabilities. 70 non-governmental organizations provided this service.
In 2020, a package law on elections was implemented. It ensured the right to vote for persons with disabilities. Voting stations needed to provide braille information and ramps. There was no quota for representatives with disabilities in elections. An evaluation of the accessibility of the voting procedure had been carried out.
There were three basic laws that regulated employment relations, including the 2021 amendment of the Labour Law. This law explicitly said that persons with disabilities could not be discriminated against when seeking employment. Reasonable accommodation needed to be provided by employers when employing persons with disabilities. The law also stipulated the length of time that persons with disabilities worked with job coaches for, and called for the job application process to be made accessible.
Laws did not stipulate the length of time sign language interpretation should be provided for broadcasts, but it did call for progressive implementation of sign language interpretation. Five stations employed full-time sign language interpreters. Standards on colour density and screen accessibility had been developed and speech-to-text devices would soon be provided to those who needed it. In 2022, 22 persons were trained in sign language interpretation at universities, and 40 were being trained in 2023, so the number of interpreters was increasing.
Ministries were working with non-governmental organizations to evaluate the implementation of international aid programmes. 40 per cent of people working on this project were members of organisations of persons with disabilities.
The State party would deliver the Committee’s advice regarding legal capacity to the Ministry of Justice. Adjustments were needed in national legislation, and the process of revising this legislation to bring it in line with the Convention had begun. Wide-ranging discussions would be held with persons with disabilities on this issue.
There were cases when husbands divorced their wives when they obtained a disability. The Government was discussing this issue with non-governmental organizations. The rights of children with disabilities and parents who were unable to work should be protected as a priority. Guardianship needed to be established for children with disabilities who needed permanent care. Guardians of children with disabilities could file for alimony from their former partners and were also provided with care from the State. The Government had drafted a law that stipulated that when one divorcee had a disability, the court needed to consider their needs.
Wide-ranging consultation was conducted with civil society regarding international cooperation. An international project promoting participation of persons with disabilities held in Ulaanbaatar had had positive results, increasing awareness of the concept of accessibility. Several organisations of persons with disabilities had participated in an assessment of this project. Organisations of persons with disabilities had notably increased and capacity-building training was ongoing. According to the guidance on the job coach system, projects related to employment promotion carried out by non-governmental organizations were funded by the State. Non-governmental organizations were working with the State to improve awareness of the rights of persons with disabilities through various awareness campaigns.
In 2022, 18,000 children with disabilities were registered in Mongolia, 53 per cent of whom lived in rural areas. Education was delivered close to where children lived. A 10 per cent salary increase had been stipulated for teachers who worked with children with disabilities. Every school had a child development department. Five per cent of school budgets needed to be spent on reasonable accommodation for children with disabilities. 105 schools now had ramps. 50 per cent of schools had introduced programmes on accessibility. Training was provided for teachers to support children with disabilities through the pedagogical training programme. Last year, 25 teachers trained to work with children with disabilities entered the school system. Education was provided for children who could not attend schools within their home. 64 per cent of children with disabilities were engaged in formal training in secondary schools. 27 per cent of children with disabilities were studying in special schools and the 67 per cent in the inclusive education system. 62 per cent of children with disabilities could not attend school during the COVID-19 pandemic. A hotline for reporting complaints regarding the provision of education had been set up and complaints could also be submitted online. The university system had provided classes at later times for students with disabilities due to their longer transport times.
Closing Statements
NARANTUYA GANBAT, representative of the National Human Rights Commission of Mongolia, expressed gratitude for the dialogue, which acknowledged achievements and challenges. Mongolia had made efforts to promote inclusion and equality. There were areas, however, where further effort was needed. The Committee’s insights had provided a roadmap for future action. Practical, achievable and precise measures were needed to achieve results. The Mongolian delegation had demonstrated their commitment to transparency and accountability. This spirit should be continued through future efforts for persons with disabilities. The accurate measure of success lay not only in policies enacted but also in lives touched.
ZULPKHAR SARKHAD, Deputy Minister for Labour and Social Protection and head of the delegation, expressed the Mongolian delegation’s sincere appreciation for the dialogue, in which the delegation had presented the State party’s achievements and strategies, as well as challenges, related to promoting the rights of persons with disabilities. The spirit of the Sustainable Development Goals in “leaving no one behind” was the basis of the Government’s social protection, healthcare and education policies. The Government had concrete strategies and plans to ensure the rights of persons with disabilities built on the Committee’s recommendations and the Government’s increased capacity. Intersectoral capacity was ensuring new knowledge and experience was being incorporated in policies for the rights of persons with disabilities. The participation of persons with disabilities in policy making was very important. The delegation would carefully address every recommendation made by the Committee together with civil society organizations and organisations of persons with disabilities.
SAOWALAK THONGKUAY, Committee Expert and Leader of the Country Taskforce for Mongolia, expressed thanks to the Mongolian delegation for the dialogue, which had provided insights into the State’s disability policy. The Committee welcomed the efforts the State party had made for persons with disabilities, and had raised concerns regarding certain elements of the State’s policy and measures. Persons with disabilities needed to be included in policy development, and they needed to be supported in accessing social services and development. Investment in urban and rural development needed to continue. Cooperation with organisations of persons with disabilities was also important for ensuring the implementation and monitoring of measures for persons with disabilities. Strong political commitments, budgets and timeframes were needed to achieve results.
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CPRD23.012E