VZCZCXRO3073
OO RUEHCN RUEHGH RUEHVC
DE RUEHUM #0695/01 3510146
ZNR UUUUU ZZH
O 170146Z DEC 07
FM AMEMBASSY ULAANBAATAR
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1732
INFO RUEHOO/CHINA POSTS COLLECTIVE
RUEHUL/AMEMBASSY SEOUL 3080
RUEHKO/AMEMBASSY TOKYO 2775
RUEHBK/AMEMBASSY BANGKOK 1655
RUEHJA/AMEMBASSY JAKARTA 0214
RUEHHI/AMEMBASSY HANOI 0093
RUEHPF/AMEMBASSY PHNOM PENH 0056
RUEHGP/AMEMBASSY SINGAPORE 0373
RUEHVN/AMEMBASSY VIENTIANE 0036
RUEHML/AMEMBASSY MANILA 1560
RUEHKL/AMEMBASSY KUALA LUMPUR 0227
RUEHRL/AMEMBASSY BERLIN 0103
RUEHMO/AMEMBASSY MOSCOW 2010
RUEATRS/DEPT OF TREASURY WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHDC
RUEKJCS/SECDEF WASHINGTON DC
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC

UNCLAS SECTION 01 OF 05 ULAANBAATAR 000695 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR EAP/CM, G/TIP AND EEB 
STATE FOR DOL/ILAB for Tina McCarter 
STATE FOR DRL/IL for Tu Dang 
 
E.O. 12958: N/A 
TAGS: ECON ELAB ETRD PHUM SOCI USAID MG
SUBJECT:  UPDATE ON WORST FORMS OF CHILD LABOR IN MONGOLIA 
 
REF: SECSTATE158223 
 
¶1. Per reftel, Post provides the following information on whether 
Mongolia, eligible for trade benefits under the Generalized System 
of Preference (GSP) program, is implementing its international 
commitments to eliminate the worst forms of child labor, as required 
under the Trade and Development Act (TDA) of 2000. 
 
¶2. SUMMARY: Despite a legislative framework that prohibits 
compulsory labor and sets the minimum working age at 16 (with 
exceptions), insufficient implementation capacity leaves children 
vulnerable to labor exploitation without adequate protections. 
Harsh economic realities and widespread alcoholism often force young 
children to work to support their families.  Many rural children are 
engaged in domestic work, including herding.  Although difficult to 
quantify, indications are that trafficking for labor or sexual 
exploitation (both domestically and internationally) is slightly on 
the rise.  Mongolia has ratified Convention 182 but has yet to 
develop a "worst forms of child labor" list, as called for in 
Article 4 of the Convention.  In addition to engaging in programs 
and strategies to address child labor issues, the GOM is also 
participating in a US$2.9 million USDOL-funded ILO-IPEC project to 
combat the worst forms of child labor, and has initiated two welfare 
programs to support children of poorer families.  END SUMMARY. 
 
Laws and regulations prescribing the worst forms of child labor. 
--------------------------------------------- --------- 
 
¶3. Mongolia's Constitution and Labor Law prohibit forced or 
compulsory labor, including by children, and the GOM generally 
enforces this provision.  The law also stipulates 16 years as the 
minimum age for employment, but children who are 14 or 15 years of 
age may work up to 30 hours per week with parental consent.  The 
Labor Law also provides a legal basis for determination of hazardous 
forms of work: Children under 18 may not work at night, in arduous, 
noxious or hot conditions, or underground. They are also prohibited 
from working overtime, on public holidays, or on weekly rest days. 
Mongolian law prohibits the use of children in forced labor, illicit 
activities, begging, slavery, and work that is harmful to their 
health, morals, or safety.  The minimum age for military 
conscription is 18. 
 
¶4. Children 15 years old may work with the permission of a parent or 
guardian, as long as employment does not harm their health, physical 
growth, or moral status.  Those 14 years old may work in vocational 
education programs with the consent of a parent or guardian. 
Children aged 14 or 15 may not work more than 30 hours per week, and 
those 16 or 17 years may not work for more than 36 hours. 
 
¶5. Based on Article 109.5 of the Labor Law, the Minister of Labor 
and Social Welfare in 1999 established a list of hazardous jobs 
prohibited for children.  This included 326 types of hazardous jobs 
covering 36 areas of economic activity. (Source: Ministry of Health 
[MOH]).  The worst forms of child labor, such as forced child labor 
and trafficking or child prostitution and pornography, are also 
regulated by the Labor Law, the Law on Protecting Children's Rights, 
the Criminal Law, the Law on Combating Prostitution and Pornography, 
and the Law on Export and Import of the Labor Force. 
 
¶6. Although Mongolia has ratified Convention 182, the GOM has yet to 
issue/approve a list of occupations considered to be the "worst 
forms of child labor," as called for in Article 4 of the Convention. 
Nevertheless, the GOM issued its own independent list of "Hazardous 
Jobs Prohibited for Children under 18".  The GOM is now working on 
amending this list by including occupations considered to be worst 
forms of child labor. (Source: MOH and ILO) 
 
Regulations for implementation and enforcement of 
proscriptions against the worst forms of child labor. 
 
ULAANBAATA 00000695  002.2 OF 005 
 
 
--------------------------------------------- -------- 
 
¶7. Under the Labor Law, forcing a child to work is punishable by 
imprisonment for up to four years or fines.  Trafficking of a minor 
is punishable by imprisonment for five to ten years; if committed by 
an organized group, the term of imprisonment increases to ten to 15 
years.  Production and dissemination of pornographic materials 
involving a person under the age of 16 is punishable by imprisonment 
for three to six months or fines.  Involving a minor in prostitution 
is also illegal, and if the crime is committed repeatedly, or by 
using violence or threats, it is punishable by a prison term of 
three to five years or fines. 
 
¶8. The Ministry of Social Welfare and Labor's (MOSWL) Department of 
Employment and Social Welfare Service shares responsibility for 
child-labor issues with the National Department for Children (NDC). 
The MOSWL presides over the Labor Code, while the NDC administers 
the National Plan of Action for the Protection and Development of 
Children (2002-2010). 
 
¶9. There are currently 49 state labor inspectors assigned to 
regional and local offices who are responsible for enforcing all 
labor laws. There are no inspectors dedicated solely to 
investigating child-labor issues.  These inspectors have the 
authority to compel immediate compliance with labor legislation, but 
enforcement was limited, due to the relatively small number of labor 
inspectors and the growing number of independent enterprises.  The 
Committee on the Rights of the Child has expressed concern about the 
insufficient number of implementation measures and some 
contradictory provisions of domestic laws that leave children 
without adequate protection, including the ability of children to 
engage in work before reaching the compulsory school age. 
 
¶10. In 2007, there were five cases of industrial injuries involving 
children.  As a result, three children died, one child became 
physically disabled and another was temporarily unable to work. 
Between 2003 and 2006, a total 14 children were injured in 
industrial accidents. (Source: State Specialized Inspection Agency) 
 
¶11. The MOSWL is the lead government agency on trafficking issues, 
but the Ministry of Justice and Home Affairs enforces 
trafficking-related laws. Contacts within the Government generally 
acknowledge that legal provisions regarding trafficking are weak and 
need to be amended. 
 
Social programs specifically designed to prevent and withdraw 
children from the worst forms of child labor. 
--------------------------------------------- -------- 
 
¶12. The Government of Mongolia is participating in a US$2.9 million 
U.S. Department of Labor-funded ILO-IPEC project.  The Mongolia 
Timebound Program, which is set to run through 2009, is designed to 
strengthen the country's ability to take action against the worst 
forms of child labor in Mongolia and to develop an area-based 
intervention model at the local level, targeting children at risk or 
engaged in the worst forms of child labor.  The program targets 
children who are involved in mining, commercial sexual exploitation, 
or who work at dumpsites or marketplaces, or in herding or domestic 
work.  The project aims to rescue an estimated 2,700 children from 
the worst forms of child labor and prevent 3,300 children from 
engaging in child labor. 
 
¶13. In 2005, the GOM initiated a monthly social entitlement program 
for children of poorer families, providing 3,000 Tugriks (US$ 2.50) 
per child under 18 years of age on the condition that the children 
are living with their families, are regularly attending classes if 
they are of compulsory school age, and are not engaged in the worst 
forms of child labor.  On January 1, 2007 the GOM implemented an 
annual Child Stipend of 100,000 Tugriks (about US$85) that is doled 
 
ULAANBAATA 00000695  003.2 OF 005 
 
 
out in quarterly installments.  So far, a total of 927,840 children 
have benefited from this stipend from January through October 2007. 
 
¶14. December 2006 amendments to the Education Law of Mongolia 
institutionalized per-student-based funding for Non-Formal Education 
(NFE) training of children who drop out of school.  Based on this 
amendment, the Ministry of Education, Science and Culture  issued a 
decree in October 2007 on the implementation and mechanics of this 
program, aimed at increasing the funding and improving quality of 
NFE training. (Source: MOH and ILO).  The GOM continues to encourage 
and support children of poorer families who attend school by 
providing school items.  In 2006, a total of 62,500 children 
received assistance worth 800 million MNT. 
 
Policies aimed at the elimination of the worst forms of child 
labor. 
--------------------------------------------- -------- 
 
¶15. The GOM has a comprehensive policy on child labor based on 
several legal sources, including the Constitution, the Labor Law, 
the Law on Protecting Children's Rights, State Policy on the 
Development of the Population of Mongolia, State Policy on the 
Development of Mongolian Families, the GOM's Social Welfare Sector 
Strategy Paper, and the National Program on Development and 
Protection of Children. (Source: MOH) 
 
¶16. The National Program on Development and Protection of Children 
was approved in 2002 and covers the period from 2002 to 2010.  One 
of its principal goals is the elimination of the worst forms of 
child labor.  Mongolia's national trafficking-in-persons (TIP) 
program inaugurated in November 2005 also addresses the worst forms 
of child labor. 
 
¶17. In May 2007, the National Council for Children, chaired by the 
Prime Minister, approved a National Advocacy Strategy to combat the 
worst forms of child labor, with the overall goal of raising 
awareness at all levels and sustaining efforts and partnership in 
addressing the worst forms of child labor. 
 
¶18. The GOM has been collaborating with ILO-IPEC since November 1999 
on raising awareness, improving data collection, building 
institutional capacity and removing and preventing children from 
child labor.  The ILO-IPEC projects have been funded by the U.S. 
Department of Labor.  The current support project of the ILO-IPEC is 
working toward establishing the proper legal and regulatory 
environment (policy, legislation, capacity building, data, etc.) and 
developing area-based integrated responses to the worst forms of 
child labor.  (Source: MOH and ILO) 
 
¶19. Mongolian law provides for free and compulsory public education 
for children through the age of 16.  However, family economic needs 
and state budgetary troubles have made it difficult for some 
children to attend school.  Furthermore, many schools solicit 
additional cash from children and their families for minor classroom 
upgrades, improvements to class furniture, etc., and teachers often 
force children and their families to purchase extra-curricular 
learning materials from them.  To halt this practice, recent 
amendments to the Education Law explicitly prohibit school 
administrators or teachers from imposing such illegal payments and 
fees on the students/children. (Source: ILO) 
 
¶20. In practice, female children over the age of 15 had better 
opportunities to complete their education than male children, 
because teenage males often were required to work at home, often 
herding, and schools generally were located far from home.  In 
addition, there continued to be a severe shortage of teachers and 
teaching materials at all educational levels. 
 
Industries where child labor occurs; 
 
ULAANBAATA 00000695  004.2 OF 005 
 
 
Child labor by age and gender. 
-------------------------------------- 
 
¶21. Mongolia's industrial base is still very narrow and there is no 
known systematic exploitation of children in industries or in 
production of certain goods; nor are there any known or reported 
cases of slavery or practices similar to slavery.  However, there is 
rising concern among NGOs that exploitation of child labor could be 
growing in the construction sector, which is experiencing a 
significant increase in investment and jobs.  (Source: ILO) 
 
¶22. According to the Ministry of Health, 90% of children who work do 
so for family-run businesses for no salary, 8% run their own 
business, and less then 2% work in official sectors such as the 
processing industry, mining and minerals extraction, and 
construction.  8.7 % of all boys and 5.7% of all girls between the 
ages of 5 and 14 are involved in some kind of labor, whereas between 
the ages of 15 to 17 years, 22.1% of boys and 14.9% girls work. 
Estimates place the total number of children in the labor force as 
high as 58,000.  Increasing alcoholism and parental abandonment have 
made it necessary for many children to have an income to support 
themselves, their siblings, and sometimes their parents. 
 
¶23. Of all children working, 91.7% are engaged predominantly in the 
agricultural sector, mainly in herding.  Boys generally herd and 
tend to livestock, while girls are assigned domestic tasks such as 
milking cows and producing dairy products, collecting animal dung 
for fire, preparing food, washing, shearing wool, and gathering 
fruit and nuts. 
 
¶24. The remaining percentages are spread out among various sectors 
including processing (1.0%), mining and extraction (0.8%), and 
hotels and catering (0.5 %). (Source: Ministry of Health.)  Children 
as young as five are engaged in informal gold and fluorspar mining, 
usually as part of an informal family business.  These children face 
severe health hazards, such as exposure to mercury and handling of 
explosives in the mines.  Children working in mining are also 
vulnerable to drug abuse and sexual exploitation.  The National 
Human Rights Commission of Mongolia estimates that there are 40 to 
50 horse racing events each year, and at each event, as many as 
2,000 children between aged six to 16 may be engaged as jockeys. 
Horse racing poses risks to the life and health of the children 
involved. 
 
¶25. In urban areas, children sell goods, wash cars, polish shoes, 
collect and sell coal and wood, and work as porters.  Other notable 
sectors where children work are wholesale and retail trade, mining 
(informal), and restaurants and canteens.  The second National Child 
Labor Survey report will be released in early 2008. (Source: ILO.) 
Children also work informally in petty trade, scavenging in 
dumpsites, and working in factories. 
 
Trafficking of Children for commercial sex or for labor 
exploitation. 
--------------------------------------------- ----- 
 
¶26. Trafficking reportedly has increased in Mongolia over the last 
few years but remains difficult to quantify.  Most victims do not 
file police reports or approach NGOs.  Mongolian girls and women are 
trafficked internally or to the People's Republic of China, Macau, 
and South Korea for commercial sexual exploitation.  Sexual 
exploitation of children in Ulaanbaatar is also on the increase.  In 
many cases, young girls are engaged in sex work via the assistance 
or deception of pimps or private establishments such as karaoke bars 
and massage parlors. (Source: MOH and ILO) 
 
¶27. The Gender Equality Center, a Mongolian NGO that combats 
trafficking of women and children, said it had received reports of 
twelve cases of trafficking in 2007, only five of which were under 
 
ULAANBAATA 00000695  005.2 OF 005 
 
 
official investigation by the State Investigation Bureau. (Source: 
ILO)  Two of the cases involved trafficking for labor exploitation; 
two girls, aged 16 and 17, were trafficked to China's Hunan province 
to work at a sauna.  They were sold along with five other adults for 
3,000 Yuan (approximately US$405) per person. 
 
¶28. Ten of the twelve cases involved trafficking for sexual 
exploitation (one boy and nine girls).  Five were cases of domestic 
trafficking, of which two were still under investigation (two girls, 
16 and 17 years old, were kidnapped off the street and forced to 
work at local hotels).  The remaining five cases were reported as 
trafficking across national borders, only one of which is still 
under investigation; that of a 17-year-old girl who was taken to the 
Chinese border city of Erlian, for sex work.  The four other cases 
also involved girls who were trafficked to Erlian. In all cases, the 
traffickers were Mongolian nationals. 
 
¶29. Furthermore, the results of a 2007 survey done jointly by 
UNICEF, the Gender Equality Center and World Vision showed that of 
the 48 Mongolian female respondents who were victims of sexual 
exploitation in Beijing, Hong Kong, Macao and South Korea, 4 (or 
8.3%) were girls between the age of 16 and 17. Women and girls who 
were trafficked to China most often worked in discos (in Beijing), 
at nightclubs and on the street (in Hong Kong), and at saunas (in 
Macau). (Source: ILO and UNICEF) 
 
¶30. In 2007, the GOM continued to provide assistance to child 
victims of commercial sexual exploitation, through a police program 
that encourages their re-entry into school. 
 
Minton