A/HRC/16/2
403. At its 31st meeting, on 16 March 2011, the Human Rights Council considered and
adopted the outcome of the review of Mongolia (see section C below).
404. The outcome of the review of Mongolia comprises the report of the Working Group
on the Universal Periodic Review (A/HRC/16/5), the views of Mongolia concerning the
recommendations and/or conclusions, and its voluntary commitments and replies presented
before the adoption of the outcome by the plenary to questions or issues that were not
sufficiently addressed during the interactive dialogue in the Working Group.
1.
Views expressed by the State under review on the recommendations and/or
conclusions, on its voluntary commitments and on the outcome
405. The delegation of Mongolia expressed its appreciation for the constructive
engagement of Member and observer States of the Human Rights Council in the interactive
dialogue on Mongolia’s universal periodic review. In recent months, the Government had
held extensive dialogue and consultations with relevant State agencies and nongovernmental organizations regarding the recommendations made during the interactive
dialogue as well as Mongolia’s voluntary commitments.
406. Recalling that 129 recommendations had been made by delegations during the
review in November 2010, Mongolia had accepted 118 of these recommendations and
postponed the consideration of 11. After careful consideration of the remaining 11
recommendations in the post-interactive dialogue period, the Government decided to accept
8 recommendations and not to accept 3 recommendations at this stage.
407. The delegation provided further explanations on its position towards the abovementioned 11 recommendations. With regard to recommendations 86.1 and 86.2, Mongolia
expressed its willingness to accede to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and to the Convention
relating to the Status of Refugees and the Protocol thereto, having in mind that the
accession to these instruments was linked to Mongolia’s national security interests. While
the Government had submitted its findings and conclusions on accession to these
conventions to Parliament, the final decision fell to Parliament and thus, the Government
was not in a position to declare acceptance of recommendations 86.1 and 86.2 at this stage.
408. Similarly, Mongolia was not in a position to accept recommendation 86.3, which
requested to mandate the Constitutional Court to act upon violations of individual rights
and freedoms guaranteed under the Constitution. The Government had found it impractical
to mandate the Constitutional Court, which carried supreme supervision over the
implementation of the Constitution, to receive and address all individual complaints
regarding the breach of the constitutional rights and freedoms, as the Constitution stipulated
that the Court should review and pass judgement on disputes at the request of Parliament,
the President, the Prime Minister, the Supreme Court or the Prosecutor General and/or on
its own initiative on the basis of petitions and information received from citizens.
Furthermore, specialized courts on civil and administrative cases functioned to deal with
the above-mentioned cases. Nevertheless, the Government expressed its commitment to
study the proposal further.
409. The Government had accepted recommendation 86.4, which requested to consider
accepting individual complaint mechanisms, such as those provided for in the International
Convention on the Elimination of All Forms of Racial Discrimination, the Convention
against Torture, the International Covenant on Civil and Political Rights and the
Convention on the Elimination of All Forms of Discrimination against Women. Mongolia
was already a party to the Optional Protocols to the International Covenant on Civil and
Political Rights and to the Convention on the Elimination of All forms of Discrimination
against Women, and would consider the possibility of making declarations provided for in
160
GE.11-17059
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