ID :
112928
Mon, 03/22/2010 - 16:44
Auther :
Shortlink :
https://oananews.org//node/112928
The shortlink copeid
HUMAN RIGHTS REPORT OF MONGOLIA FOR 2009
Ulaanbaatar,/MONTSAME/
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The law states that "no person shall be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin, or status," and that "men and women shall be equal in political, economic, social, cultural fields, and family." The government generally enforced these provisions in practice.
Women
Rape and domestic abuse are illegal; however, no law specifically prohibits spousal rape, and rape remained a problem. During the year 223 persons were convicted of rape, according to the research center of the Supreme Court. However, NGOs alleged that many rapes were not reported and claimed that police and judicial procedures were stressful to victims and tended to discourage reporting of the crime. Social stigma also lowered the number of cases reported.
According to NGOs, police referred only a minority of rape cases for prosecution, largely claiming that there was insufficient evidence. Post rape medical examinations were available, and results were occasionally used as evidence; however, such exams were not always available in remote areas. NGOs stated that negative attitudes among some police resulted in some cases not being referred to prosecutors.
The criminal code outlaws sexual intercourse through physical violence (or threat of violence) and provides for sentences of up to five years. If the victim is injured or is a minor, the penalty can reach five to 10 years. Such a crime resulting in death, victimizing a child under 14 years of age, or committed by a recidivist may result in 15 to 25 years' imprisonment or application of the death penalty. Gang rape is punishable by death.
Domestic violence remained a serious problem, particularly against women of low-income rural families. The law requires police to accept and file complaints, visit the site of incidents, interrogate offenders and witnesses, impose administrative criminal penalties, and bring victims to refuge. It also provides for sanctions against offenders, including expulsion from the home, prohibitions on the use of joint property, prohibitions on meeting victims and on access to minors, and compulsory training aimed at behavior modification. However, this level of service was rarely provided because the police lacked sufficient funding and, according to women's NGOs, often was reluctant to intervene in what was viewed as an internal family matter. At year's end only 20 cases had been tried under the 2004 law. On December 24, the government established a care facility for domestic violence and rape victims in the National Center for Trauma Treatment.
There were no reliable statistics regarding the extent of domestic abuse; however, the National Center Against Violence (NCAV) estimated in 2007 that one in three women was subject to some form of domestic violence, and one in 10 women was battered. Seven persons were convicted of domestic violence and given restraining orders during the year. The NCAV stated that it provided temporary shelter to 490 persons at its five locations and provided psychological counseling to hundreds. The NCAV launched domestic violence prevention campaigns without governmental support. State and local governments financially supported the NCAV in providing services to domestic violence victims. The Ministry of Social Welfare and Labor provided approximately 14 million tugrik (approximately $9,500) to the NCAV for its five shelters, and the Government Stock Fund provided approximately an additional 13 million tugrik ($9,000). Dundgovi and Tuv provinces provided two million tugrik ($1,400) and 1.5 million tugrik ($1,000) to their respective local shelters as well.
Prostitution is illegal, as is public solicitation for prostitution and organizing prostitution. Women's activists claimed that in Ulaanbaatar there were hundreds of brothels posing as saunas, massage parlors, and hotels. Some were occasionally raided by police. Nevertheless, the overall infrequency of raids allowed brothels to operate de facto. Some women worked abroad in the sex trade; an unknown number of them were trafficked. According to women's NGOs, sex tourism from South Korea and Japan remained a problem.
(to be continued)
B.Khuder
Section 6 Discrimination, Societal Abuses, and Trafficking in Persons
The law states that "no person shall be discriminated against on the basis of ethnic origin, language, race, age, sex, social origin, or status," and that "men and women shall be equal in political, economic, social, cultural fields, and family." The government generally enforced these provisions in practice.
Women
Rape and domestic abuse are illegal; however, no law specifically prohibits spousal rape, and rape remained a problem. During the year 223 persons were convicted of rape, according to the research center of the Supreme Court. However, NGOs alleged that many rapes were not reported and claimed that police and judicial procedures were stressful to victims and tended to discourage reporting of the crime. Social stigma also lowered the number of cases reported.
According to NGOs, police referred only a minority of rape cases for prosecution, largely claiming that there was insufficient evidence. Post rape medical examinations were available, and results were occasionally used as evidence; however, such exams were not always available in remote areas. NGOs stated that negative attitudes among some police resulted in some cases not being referred to prosecutors.
The criminal code outlaws sexual intercourse through physical violence (or threat of violence) and provides for sentences of up to five years. If the victim is injured or is a minor, the penalty can reach five to 10 years. Such a crime resulting in death, victimizing a child under 14 years of age, or committed by a recidivist may result in 15 to 25 years' imprisonment or application of the death penalty. Gang rape is punishable by death.
Domestic violence remained a serious problem, particularly against women of low-income rural families. The law requires police to accept and file complaints, visit the site of incidents, interrogate offenders and witnesses, impose administrative criminal penalties, and bring victims to refuge. It also provides for sanctions against offenders, including expulsion from the home, prohibitions on the use of joint property, prohibitions on meeting victims and on access to minors, and compulsory training aimed at behavior modification. However, this level of service was rarely provided because the police lacked sufficient funding and, according to women's NGOs, often was reluctant to intervene in what was viewed as an internal family matter. At year's end only 20 cases had been tried under the 2004 law. On December 24, the government established a care facility for domestic violence and rape victims in the National Center for Trauma Treatment.
There were no reliable statistics regarding the extent of domestic abuse; however, the National Center Against Violence (NCAV) estimated in 2007 that one in three women was subject to some form of domestic violence, and one in 10 women was battered. Seven persons were convicted of domestic violence and given restraining orders during the year. The NCAV stated that it provided temporary shelter to 490 persons at its five locations and provided psychological counseling to hundreds. The NCAV launched domestic violence prevention campaigns without governmental support. State and local governments financially supported the NCAV in providing services to domestic violence victims. The Ministry of Social Welfare and Labor provided approximately 14 million tugrik (approximately $9,500) to the NCAV for its five shelters, and the Government Stock Fund provided approximately an additional 13 million tugrik ($9,000). Dundgovi and Tuv provinces provided two million tugrik ($1,400) and 1.5 million tugrik ($1,000) to their respective local shelters as well.
Prostitution is illegal, as is public solicitation for prostitution and organizing prostitution. Women's activists claimed that in Ulaanbaatar there were hundreds of brothels posing as saunas, massage parlors, and hotels. Some were occasionally raided by police. Nevertheless, the overall infrequency of raids allowed brothels to operate de facto. Some women worked abroad in the sex trade; an unknown number of them were trafficked. According to women's NGOs, sex tourism from South Korea and Japan remained a problem.
(to be continued)
B.Khuder
