Gender and Development

Mongolia: Enacting the Law on Gender Equality

Background & Rationale

Achieving gender equality in the legal system in Mongolia entails addressing the disparities, contradictions and inconsistencies in existing laws and regulations. The effective application of existing laws largely depends on the implementation and enforcement systems and procedures; however, no agency has an explicit role to enforce or even monitor adherence to gender equality laws and regulations. Therefore, the Women's Caucus was established in December 2005, as a parliamentary working group, with representatives from the parliament, various ministries and the National Commission on Gender Equality (NCGE), to draft a law providing a coherent framework to integrate gender equality within the substance of the laws, legal structures, institutions and procedures in Mongolia. Enactment of this law will

1. ensure the de jure and de facto equality of men and women;
2. strengthen and advance the obligations to prevent, protect, and prohibit all types of discrimination, particularly gender discrimination; and
3. lay the groundwork for reducing explicit and implicit forms of gender-based discrimination and violence.

Expected Outcome

In January 2007, the GAD fund supported a sub-project, initiated by ADB's Mongolia Mission Gender Specialist, to assist the Government of Mongolia in:

1. Drafting a comprehensive law on gender equality which supports the repeal of gender-biased and conflicting laws and regulations;
2. Developing gender-sensitive systems and procedures;
3. Increasing gender awareness among members of the Mongolian parliament, judiciary and law enforcement officials, civil society, media and the public; and
4. Enhancing legal literacy of the poor, with special regard for women.

Results to Date

The initial drafting of the law was completed in 2008, with the assistance of international and national consultants, in a lengthy, participatory process involving 16 versions of the draft bill. Extensive review of the draft law was carried out after consultations with representatives from the justice system and the legal community, trade unions, employers' organizations, NGOs and an annotated version of the draft law was also prepared for review by local stakeholders. The inputs and feedback were collected from all the stakeholders through a range of workshops, training seminars, stakeholder meetings and consultations and small working group discussions. The law's compatibility with international standards, such as CEDAW, was also positively assessed by international consultants from the ILO and UNHRC.

The following steps have been completed in 2009:

• The revised draft law has been endorsed by the Secretariat of the Cabinet
• It has been disseminated to relevant ministries and agencies, including the Supreme Court and other offices in the justice system
• NCGE has organized advocacy seminars and meetings with key government agencies, senior and mid-level public servants, to inform and prepare them in advance for the potential adoption of the bill
• The final draft has also been presented to NGOs for discussion.

The law has been approved by the Parliament in February 2011.

Related Documents

• Case Study