HUMAN RIGHTS REPORT OF MONGOLIA FOR 2009

Ulaanbaatar,/MONTSAME/
Societal Abuses, Discrimination, and Acts of Violence Based on Sexual Orientation and Gender Identity

Homosexual conduct is not specifically proscribed by law. However, Amnesty International and the International Lesbian and Gay Association criticized a section of the penal code that refers to "immoral gratification of sexual desires," arguing that it could be used against persons engaging in homosexual conduct. Such persons reported harassment and surveillance by police.
The government impeded the free association of lesbian, gay, bisexual and transgender (LGBT) groups. The State Registration Agency refused in multiple instances to register the LGBT Centre, alternatively asking for bribes and declaring its name to be "immoral," but registered the group in December.
There were reports that individuals were assaulted in public and at home, denied service from stores and nightclubs, and discriminated against in the workplace based on their sexual orientation. There also were reports of abuse of persons held in police detention centers based on their sexual orientation. Some media outlets described gay men and lesbians with derogatory terms and associated homosexual conduct with HIV/AIDS, pedophilia, and the corruption of youth.

Other Societal Violence or Discrimination

There was no official discrimination against those with HIV/AIDS; however, some societal discrimination existed. The public continued largely to associate HIV/AIDS with homosexual conduct, burdening victims with the attendant social stigma.

Section 7 Worker Rights

a. The Right of Association

The law entitles workers to form or join independent unions and professional organizations of their choosing without previous authorization or excessive requirements, and the government respected this right in practice. However, some legal provisions restrict these rights for groups such as foreign workers, public servants, and workers without employment contracts.
Union officials estimated union membership of salaried individuals remained constant at 209,000. Approximately 400,000 workers were self-employed; of these, 241,000 belonged to a union. No arbitrary restrictions limited who could be a union official, and officers were elected by secret ballot.
The law provides for the right to strike. The Confederation of Mongolian Trade Unions reported two strikes during the year, including by miners at the Boroo Gold Mine and technicians at the Aero Mongolia airline.
If an employer fails to comply with a recommendation by a majority of workers, with union involvement or without, employees may exercise their right to strike. The government prohibits third parties from organizing a strike.
Persons employed in essential services, which the government defines as occupations critical for national defense and safety and including police, utility, and transportation, do not have the right to strike.

b. The Right to Organize and Bargain Collectively

Laws protect collective bargaining, and these were effectively enforced. The law regulates relations among employers, employees, trade unions, and the government. The government's role is limited to ensuring that contracts meet legal requirements concerning hours and conditions of work. Wages and other conditions of employment are set between employers, whether state or private, and employees, with trade union input in some cases. Approximately 52 percent of workers were covered by collective agreements. The Labor Dispute Settlement Commission resolves disputes involving an individual; disputes involving groups are referred to intermediaries and arbitrators for reconciliation.
The law protects the right of workers to participate in trade union activities without discrimination, and the government protected this right in general. Nevertheless, in the strike against Aero Mongolia, the administration and courts did not recognize the rights of mechanics to establish a company-level trade union, allowing the company to fire those workers seeking to unionize. The case remained in appeal at year's end. The government does not allow intervention in collective bargaining by third parties.
(to be continued)
B.Khuder