Indicators of rights implementation of PWDs in Mongolia, UB 2011

PROJECT ON MON 09/102
“SUPPORT IN ACHIEVING MDG9 ON HUMAN RIGHTS AND DEMOCRATIC
GOVERNANCE PHASE II”

NATIONAL ASSOCIATION OF MONGOLIAN ORGANIZATIONS
OF PERSONS WITH DISABILITIES

INDICATORS OF RIGHTS
IMPLEMENTATION OF
PERSONS WITH DISABILITIES
Summary Report

Ulaanbaatar
2011

DDC
321.8’517
М-692

ISBN 978- 99962-857-2-1

© 2011. MDG-9 Project, UNDP Mongolia,
All rights reserved.

Support in Achieving MDG -9 on Human Rights and Democratic Governance in Mongolia-Phase II
Institue of Philosophy, Sociology and Law
Mongolian Academy of Sciences
Institution building – II
Ulaanbaatar-211238
Baruun selbe street-15
Chingeltei district, Ulaanbaatar,
MONGOLIA
Tel: (976-11) 7011-0499
Fax: (976-11) 7011-0499
Email: info-mdg9@unet.mn

This survey is conducted within the scope of the Support in Achieving MDG-9 on Human
Rights and Democratic Governance project jointly implemented by the Institute of
Philosophy, Sociological and Law of the Mongolian Academy of Sciences and the United
Nations Development Program and Oslo Governance Center. Researchers of the National
Association of Mongolian Organizations of Persons with Disabilities gathered initial data for
the survey and a team of experts prepared the survey report.

Evaluations, opinions and recommendations expressed in the survey are solely of the
experts.

The survey report can be reproduced and distributed for non-profit purpose and used with
proper citation.

Prepared by:
Ts.Oyunbaatar
National Association of Mongolian Organizations of Persons with
Disabilities

Translated by: V.ULsiibayar

Design: “Sansudai” Printing
S.Tamir
O.Khatanbold

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Content

Abbreviations

List of Graphs
List of Tables

Introduction

I. UNDERSTANDING DISABILITIES

What are Disabilities?
Who Is A Person With Disabilities?
Who Defines Persons With Disabilities (PWD) ?
How Disabilities Should Be Defined?

II. HUMAN RIGHTS CONCEPT
Human Rights Concept
Human Rights Classification
Purpose and Principles of the Convention on the Rights of Persons with
Disabilities

III. CURRENT SITUATION IN IMPLEMENTING THE RIGHTS OF PERSONS WITH
DISABILITIES (PWD) IN MONGOLIA

3.1. Political Rights and Freedoms
3.2. Economic Rights
3.3. Socio‐cultural Rights
3.4. The Right to Privacy
3.5. The Right to Equality

IV. INDICATORS
V. EXPERT EVALUATION RESULT
VI. RECOMMENDATIONS
VII. APPENDICES
VIII. LIST OF SOURCES

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Abbreviations

APCWD    Association of Parents of Children with Disabilities
CCMPD   Central Committee of Mongolian Persons with disabilities
CRPD Convention on the Rights of Persons with Disabilities
GDP Gross Domestic Product
ELM Education Law of Mongolia
ILO International Labor Organization
ICIDH    International Classification of Impairments, Disabilities, and Handicaps
GEC   General Election Committee
LSMS   Living Standard Measurement Survey
LSWIA Labour and Social Welfare Inspection Agency
MADW Mongolia Association for Disabled Women
MDGs Millennium Development Goals
MNPTV Mongolian National Public TV
MOECS Ministry of Education, Culture and Science
MOH Ministry of Health
MOJIA Ministry of Justice and Internal Affairs
MSWL Ministry of Social Welfare and Labour
MABP            Mongolian Association of Blind People
MSSLPWD Mongolian Social Security Law for People with Disabilities
MLL Mongolian Labor Law
MSSL Mongolian Social Security Law
NAMOPWD   National Association of Mongolian Organizations of Persons with
Disabilities
NCHR               National Center for Human Rights
NCRWWD         National Center for Rights of Women with Disabilites
NGO Non‐Governmental Organization
NCCR National Center for Civil Registration
NHLCSP   National Household Livelihood Capacity Support Program
NRCDP National Rehabilitation Center for Disabled Persons
NSO   National Statistical Office
OHCHR Office of the High Commissioner for Human Rights
POM Parliament of Mongolia
PWD Person with Disabilities
SCPCS       State Committee for Physical Culture and Sports
SIF      Social Insurance Fund
SOTEBP   State Occupational Training Enterprise for Blind People
SCOD State Center for Occupational Diseases
SSIGO             State Social Insurance General Office
SSWL   State Social Welfare Law of Mongolia
UDDP     Union of Dwarf and Disabled People
UN United Nations
UNESCO United Nations Educational, Scientific and Cultural Organization
UNESCAP United Nations Economic and Social Commission for Asia and the

4

Pacific
VSO Voluntary Service Overseas
WHO World Health Organization
MLAC Medical Labor Accreditation Commission

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List of Graphs
Graph.1 Types of Barriers to PWDs Participation in Social Life
Graph. 2. Sociological Survey among PWDs, NAMOPWD 2008
Graph. 3. Reasons for Information Deficit among PWDs

List of Tables
Table.1. Quotes from the list of disabilities
Table.2. Comparison of PWDs definitions
Table.3. Development Disability Model
Table.4. Number and Geographical Distribution of PWDs‐voters
Table.5. Reasons by for non‐participation in elections by PWDs
Table. 6. Evaluation Report on PWDs NGOs
Table.7. Assessment of Children with Disabilities Access to
Education and Development
Table. 8. Opportunities for PWDs vocational training
Table.9. Disbursements from Social Insurance Fund
Table 10. Disbursements from Social Care Fund

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INTRODUCTION

The amendments to the Law of Mongolia on Labor passed by the Parliament of
Mongolia in 1997 were an important step forward in guaranteeing that
persons with disabilities (PWDs) have equal rights to employment. The
National Association of Mongolian Organizations of Persons with Disabilities
(NAMOPWD) played a crucial role in the adoption of the amendments. The
Government declared 2001 as the Year of Support to Persons with Disabilities.
The resolution of the National Language Council of Mongolia replaced an old
term of “invalidity” by “development disability” in 2004. These developments
triggered positive changes in the social attitude towards PWDs. A National
Forum on PWDs Rights was held in 2004 under the aegis of the President of
Mongolia and was organized jointly by the Office of the President, National
Center for Human Rights (NCHR) and NAMOPWD. The forum discussed PWDs
rights in all their complexity for the first time. It acknowledged “the
importance of creating legal, socio‐political, economic as well as psychological
environment favorable to specific needs of PWDs, to ensure that all enjoy equal
rights and freedoms”. Forty‐five recommendations were adopted at the Forum.
These recommendations led to amending seven laws passed by the Parliament.
The Parliament also ratified the UN Convention on the Rights of the Persons
with Disabilities in 2008, together with the Optional Protocol. The Government
and related agencies took actions to implement legal reforms. Mongolia needs
to develop and use national indicators to evaluate PWDs rights. NAMOPWD
conducted a survey on implementation of PWDs rights in 2009 with the aim of
developing such indicators.

The report reflects the results of the survey as well as previous studies, reports
and other sources located in the NAMOPWD database. The survey took into
account PWDs special needs as well as environmental limitations, social
attitudes and psychological difficulties while developing indicators of PWDs
rights.

Hereby, I cordially thank on behalf of the Association the research team
members, who worked hard to complete the assignment within the given time‐
frame, as well as Ms. H.Hulan, National Advisor, Ms. Ts.Tsetsenbileg, Project
Manager, Mr. O.Khatanbold, Administrative and Finance Officer of the “Support
in Achieving MDG‐9 on Human Rights and Democratic Governance in Mongolia
– Phase II” Project for their kind technical and financial assistance.

Ts.Oyunbaatar
President
National Association of Mongolian Organizations of Persons with Disabilities

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Table 1. Indicators of Rights Implementation of Persons with Disabilities
Indicator Methodology Information Indicator Changes in
collection baseline baseline
1. Expert evaluation of Expert National Score: 0.9
conformity of evaluation Human Rights (2009)
Mongolia’s legislation Commission
with UDHR and
Convention on the
Rights of Persons with
Disabilities
2. Level of PWD Statistical data General 34.7 %
participation in Election (2008)
political elections Committee
3. Access to media Statistical data National 13.2 %
information by PWD Public TV and (2009)
Radio
4. Average income of Annual Socio‐ National
families with PWD economic Statistical
Household Office
Survey
5. Access for PWD to Statistical data Council of
state organizations Civil Service
6. Availability of Statistical data Ministry of
information for PWD at Social Welfare
public service and Labor
organizations
7. Access to public Statistical data Ministry of
transportation for PWD Social Welfare
and Labor

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I. UNDERSTANDING DISABILITIES

What are Disabilities?
Development disability is a multifaceted complex phenomenon. No universal
determination of it exists so far. The research team used two kinds of models to
define development disabilities.

Medical Model of Development Disabilities
This model regards development disabilities as a medical problem to be
resolved or as a disease to be treated. World Health Organization (WHO)
developed an international classification of impairment, disabilities and
handicaps in 1980. The International classification of impairments, disabilities
and handicaps defines impairments, disabilities and handicaps as follows:

Impairment
         Any temporary or permanent loss or abnormality of a body structure
or function, whether physiological or psychological. An impairment is
a disturbance affecting functions that are essentially mental (memory,
consciousness) or sensory, internal organs (heart, kidney), the head,
the trunk or the limbs.
Disabilities
         A restriction or inability to perform an activity in the manner or
within the range considered normal for a human being, mostly
resulting from impairment. Development disabilities differ by
permanent or temporary status, by coverage as well as the level of
limitations caused or by physical, mental, intellectual, sensory activity
impairments and its impact on working and other capacities. Proper
identification of disabilities is essential for the choice of rehabilitation
measures, and/or substitutes and therefore provides rational to
alleviate barriers to the PWDs.
Handicaps
        This is the result of an impairment or disability that limits or prevents
the fulfilment of one or several roles regarded as normal, depending
on age, sex and social and cultural factors.

Philanthropy Model of Development Disability
It is a concept that views PWDs as a subject of social welfare and care. PWDs
are subject of social care because of their abilities’ loss or limitations. The
clinical and welfare models limit possibilities of PWDs to be masters of their
lives and fully exercise their rights and freedoms as any other people.
Mongolia uses a mix of the two above‐mentioned models. Appendices 2 and 3
of the Health and Social Welfare Minister Order No А/250 of 1997 determined

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impairments of an individual, but erroneously defined those as a loss of labor
capacities. A person may suffer some limitations caused by different types of
disability, but the impact of those on his/her working abilities as well as
inclusiveness varies greatly. The clause stated in the Mongolian MLAC Rules
erroneously classified the loss of working ability as: “…70 and more percent or
total loss of working abilities, partial or 50‐69 percent loss of the said”. This
encourages a tendency of overstating their working disabilities in order to get
a “70 or more percent working ability loss” status in order to enjoy addition
social benefits. It also creates an artificial expansion of welfare distribution.

Table 2. From the List of Common Diseases, Injuries and Occupational Diseases
Name and stage of disease or injury Level of loss of
working ability
Have no arms; have no legs; have no arm or leg 100 %
Worst form of intellectual deficiency    90‐100 %
Eyes visual accuracy equals 0.03 in distance 1.5m visual 70‐100%
field in both sides limited to 10 degrees
Deafness and muteness caused genetically or acquired 70‐100%
due to a disease, combined with other diseases
Cirrhosis caused by chronic virus‐driven liver hepatitis 80‐100%

Social Model of Development Disability
This model focuses on removing social and infrastructural barriers to e PWDs
in exercising their rights and freedoms. It is a concept that takes into accounts
any permanent disability as well as social attitudes towards it that limit or
become an obstacle to the full exercise of a person’s rights and to inclusiveness
and participation in social life. The social model of development disability is
based on the human rights approach. It recognizes the fundamental human
rights of PWDs and advocates the following principles:

 PWDs property rights
 Development disability is part of personal diversity like sex, nationality,
social origin, form of body, etc.
 The government and the society are responsible for creating a political,
legal, social as well as infrastructural environment for a full exercise of
human rights by PWDs.

In conclusion, we propose the following definition of development disability: It
is a disability of a person’s body, mental, psychic or sensory health either
genetically inherited or acquired during life that in combination with other
difficulties permanently impairs the person’s development.

Who is a Person with Disabilities?
WHO, ILO, PWDs organizations as well as sovereign countries have defined
PWDs in their own different ways. However, universal acknowledgement and

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consensus were reached in the due process of ratifying the UN Convention on
the Rights of PWDs that which has a following definition:

Persons with disabilities include those who have long‐term physical, mental,
intellectual or sensory impairments which in interaction with various barriers
may hinder their full and effective participation in society on an equal basis
with others (Article 1 of the UN Convention on the Rights of Persons with
Disabilities, adopted by 61st Meeting of UN General Assembly on 13 December
2006).

The Parliament of Mongolia provides its own definition. The Social Insurance
Law for Persons with Disabilities (with amendments of 2008) states: “Persons
with disabilities are those with limited physical or mental abilities, either
genetically inherited or acquired during life, persons born with deformations or
disability caused by illness or accident which limits full ability to work, mute
persons or persons officially diagnosed with sight, hearing, or body or mental
impairments as well as impaired permanently or up to 12 and more months
from active participation in social relations”.

Table 3. Comparison of definitions of PWDs
№ UN MSIL Definition Remarks
Convention/Definition
1 Physical Physical Same concept or understanding of
Mental Mental disability
Intellectual Intellectual
Sensory Sensory
2 long‐term ...because of National legislation does not provide
impairments... and impairments a clear distinction between
permanent and temporary
impairments
3 the  impairments National legislation does not provide
combined with other                    ‐‐‐‐ concept of ‘other barriers’. The
barriers Convention includes an idea that a
person’s impairments could create
other types of barriers.
4 on an equal basis with as others
others
5 Social life Social relations The Convention provides an idea of
self‐service in addition to
participation in the social relations
6 may hinder their full and as impaired The person’s ability to participate in
effective participation in permanently or social relations cannot be impaired
society up to 12 and permanently as stated in the national
more moths law. Only specific or partial
impairment may take place.

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If national legislation contradicts with the UN Convention, the Convention
definition should prevail as per the Constitution of Mongolia given the fact that
Mongolia has ratified the Convention.

Who Defines PWDs?
International organizations as well as governments collect data using different
definitions of PWDs. For example, the Americans with Disabilities Act (USA)
give the following definition. The term "disability" means, with respect to an
individual (A) a physical or mental impairment that substantially limits one or
more major life activities of such individual; (B) a record of such an
impairment; or (C) being regarded as having such an impairment. Therefore,
organizations like National Disease Center, National Center for Health
Statistics, Washington Group on Disability use this definition for their
activities.

The ILO Convention No 159 states that members should consider the term‐
disabled person as meaning an individual whose prospects of securing,
retaining and advancing in suitable employment are substantially reduced
because of a duly recognised physical or mental impairment. Mongolia’s Law
on Social Insurance states that the Medical Labor Accreditation Commission
(MLAC) determines the percentage and length of the loss of working capacity
of an insured person resulting from a conventional disease and injury,
or employment injury and occupational disease and that the list of diseases to
determine the handicap status is approved by state central administrative
body in charge of health issues. In 1997, the MLAC determined the percentage
of loss of ability to work according to the “Guidelines to determine percentage of
disability and employment regulation”. Loss of ability to work has been
classified as common disease, an injury and/or occupational disease and a
related list was approved and implemented. The Guidelines were amended in
2008.

The MLAC Rules, approved by an Appendix to the Government Resolution No
304 on 29 July 2008 state that the goal of the Medical Labor Accreditation
Commission is to determine and certify causes, level and terms of total or
partial loss of working ability of the insurer due to common diseases, household
injuries or industrial accidents, occupational diseases, poignant intoxication as
well as issues related to change of work conditions. Also, an aimag/ district
level MLAC comprises 9‐11 persons, including qualified physician, neurologist,
operating surgeon, chief physician of a clinic, medical inspector from social
insurance division, secretary as well as representatives of the social welfare
agency, employers, insurers and PWDs organizations. While the MLAC
expanded, there was no mention about methodology and handbooks to help
determine and certify development disabilities. Therefore, there is a strong
need to develop and approve methodology and standards of determination and

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certification of development disabilities, improve organizational structures and
create a better legal environment.

How Disabilities Should Be Defined?
The definition of the Convention on the Rights of Persons with Disabilities does
not provide universal methodology to determine the status of disability. Every
type of impairment creates operational limitations, each of which develops a
specific form of disabilities. Every form of disability has its own needs; for
example, a person with hearing difficulties needs to wear a hearing aid.
Preconditions to alleviate the disability and exercise PWDs rights will be in
place if specific needs are satisfied effectively.

Respondents of the 2006 sociological survey conducted among PWDs, their
guardians and respective officials within the framework of “Developing legal
environment for PWDs” project expressed the following views on the
disabilities or barriers faced by PWDs to full and active participation in social
life (See Graph 1).

Graph 1. Types of Barriers Faced by PWDs that Restrict Their Full
and Active Participation in Social Life

PWDs and their carers Civil servants
90
78.2
80 74.9
70
60.5
60
47.8
50
40 32.8 34.2
30.7
30 26.7

20
10
0
self‐dependance depends on society related legislation environmental
issues

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Table 4. Development Disability Model
Name and stage of Disability PI Ea Ec Ee Development
disease or injury disability %
Have no arms; have no Mobility 100 %
legs; have no arm or leg disability, etc.
Worst form of intellectual Thinking, motion 90‐100 %
deficiency‐anioa management, etc.
Eyes visual accuracy equal Seeing, walking, 70‐100%
to 0.03 in distance 1.5m reading, working,
visual field in both sides etc.
limited to 10 degrees

Deafness and muteness Hearing and 70‐100%
caused generically or talking 70‐100%
acquired due to a disease,
combined with other
diseases
Cirrhosis caused by Blood cell 80‐100%
chronic virus driven liver development

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II. HUMAN RIGHTS CONCEPT

Human Rights Concept
Article 1 of the Universal Declaration of Human Rights states: “All human
beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of
brotherhood”. Article 2 postulates: “Everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind, such as
race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status”. Development disability is part of human
diversity; therefore, a person should exercise her or his human rights and
freedoms irrespective of any development disability.

Human Rights Classification
 Political rights and freedoms
 Economic rights
 Socio‐cultural rights
 The right to privacy
 Citizen equality

The Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities was adopted by the
61st meeting of the UN General Assembly in 2006. Mongolia ratified the
document in 2008. The Convention’s purpose is to promote, protect and ensure
the full and equal enjoyment of all human rights and fundamental freedoms by
all persons with disabilities, and to promote respect for their inherent dignity.
General principles of the Convention are:
 Respect for inherent dignity, individual autonomy including the freedom
to make one’s own choices, and independence of persons;
 Non‐discrimination;
 Full and effective participation and inclusion in society;
 Respect for difference and acceptance of persons with disabilities as part of
human diversity and humanity;
 Equality of opportunity;
 Accessibility;
 Equality between men and women;
 Respect for the evolving capacities of children with disabilities and respect
for the right of children with disabilities to preserve their identities.

Discrimination on Grounds of Development Disabilities means prejudice, bias or
contraction with the purpose of denial of recognition or leading to such results
of the full exercise of political, economic, socio‐cultural and other rights of

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human beings on the grounds of development disability. Therefore,
governments shall create all guarantees and ensure rights of all PWDs in their
full exercise of their rights without any discrimination.

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III. IMPLEMENTATION OF RIGHTS OF PERSONS
WITH DISABILITIES IN MONGOLIA

There are many issues related to PWDs rights in Mongolia. Are there legal,
economic, social and other guarantees in place to ensure full and non‐
discriminatory rights and freedoms for every PWD as stated in the Universal
Declaration on Human Rights and the Constitution of Mongolia? Are PWDs
rights protected and promoted?

The following study attempts to answer some of the abovementioned
questions. Around 70 per cent of respondents believed that PWDs could fully
participate in social life only with a strong support from the state.

Graph 2. Subjects that Support to PWDs Full Participation in Social Life1

State and legal protection

4%
6% Publice service
12%
47% organizations
8%
International
organizations, projects
and programs
Family members and
23%
carers

Health workers

Self

3.1. Political Rights and Freedoms

3.1.1 Participation in political life or the right to elect and be elected to state
bodies
PWDs have the following rights with regard to state affairs:
 Participate in all national and local elections,

1
NAMOPWD. Sociological Survey of PWDs. UB., 2008

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 Be elected,
 Participate in referenda,
 Hold public service positions at all levels,
 Right to individual civil petition,
 Join civil society and monitor state affairs
 Enjoy fair trial.

Legal Guarantees
Article 29 of the Convention on the Rights of the Persons with Disabilities
provides that: “States Parties shall guarantee to persons with disabilities
political rights and the opportunity to enjoy them on an equal basis with
others, and shall undertake to:

a. Ensure that persons with disabilities can effectively and fully
participate in political and public life on an equal basis with others,
directly or through freely chosen representatives, including the right
and opportunity for persons with disabilities to vote and be elected,
inter alia, by:

i. Ensuring that voting procedures, facilities and materials are
appropriate, accessible and easy to understand and use;
ii. Protecting the right of persons with disabilities to vote by secret
ballot in elections and public referendums without intimidation,
and to stand for elections, to effectively hold office and perform
all public functions at all levels of government, facilitating the use
of assistive and new technologies where appropriate;
iii. Guaranteeing the free expression of the will of persons with
disabilities as electors and to this end, where necessary, at their
request, allowing assistance in voting by a person of their own
choice;

b. Promote actively an environment in which persons with disabilities can
effectively and fully participate in the conduct of public affairs, without
discrimination and on an equal basis with others, and encourage their
participation in public affairs, including:

i. Participation in non‐governmental organizations and
associations concerned with the public and political life of the
country, and in the activities and administration of political
parties;
ii. Forming and joining organizations of persons with disabilities
to represent persons with disabilities at international, national,
regional and local levels.”

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The national legislation ensures that all citizens have the right to elect and be
elected apart from the mentally ill persons. The court considers such persons
as legally unaccountable for their actions.

Implementation Status
Persons with disabilities have limited chances to be elected for office. In 2008,
Mongolia used a multi‐seat plurality system for parliamentary and local
elections. There were 1.542.617‐registered voters with 76.46 percent or
1.179.448 people casting their ballots at the parliamentary elections in 2008.
PWDs constituted 2.54 percent or 39265 of all voters in the country.
NAMOPWD report showed that 34.7 percent or 13625 persons with disabilities
cast their ballots in the 2008 parliamentary elections. This was 1.15 percent of
all voters. The conclusion is that PWDs were not able to exercise fully their
electoral rights in 2008.

Table 5. Number and Geographical Distribution of VotersPWDs
Aimag, Number of Aimag, Number Aimag, Number of
District Name voters District of voters District votersPWD
PWD Name PWD Name

Arkhangai 2586 Umnugobi 549 Gobi‐ 267
Bayan‐Ulgii 1735 Sukhbaatar 1100 Chingeltei 4373
Bayankhongor 1763 Selenge 1919 Sukhbaata 995
Bulgan 1613 Tuv 1536 Khan‐Uul 884
Gobi‐Altai 1401 Uvs 852 Bayanzurk 2477
Dorno‐Gobi 903 Khovd 1392 Songinokh 1572
Dornod 1131 Khuvsgul 2278 Nalaikh 735
Dund‐Gobi 981 Khentii 1218 Baganuur 341
Zavkhan 1409 Darkhan‐ 1015 Bagakhan 52
Uvurkhangai 1495 Orkhon 2213 Bayangol 1480

Extremely high campaign costs prohibit PWDs participation in election
campaigns. In order to resolve issues of PWDs rights, in 2004‐2008, a
NAMOPWD “Lobby Group” was set up at the Parliament to reflect the interests
of PWDs. The Parliament made amendments to nine laws covering 23 critical
issues to meet the priority needs of the disabled. In 2004‐2008, the PWDs were
included in five different working groups on amending legislation, program
development, allocation of funds and monitoring. However, special needs of
the disabled were not incorporated in the Election Law. For example, there was
no allocation of expenses for such costs as printing Braille templates,
management of election stations to meet PWDs needs to cast their ballots,
organization of sign language training courses for people with hearing

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difficulties to introduce and explain election laws and other legislation, and
creation of special ballot boxes for dwarfs, etc.

There are 6962 people with sight loss, 7967 people with hearing and speaking
disability, 9836 people with physical/muscular and locomotive organs’
impairment, 157 dwarfs and nearly 6330 people with intellectual deficiency
syndrome in Mongolia.

Table 6. Persons with disabilities who were unable to cast ballots2
Reason Number of PWDs who did not visit the station:
25640
The election station wasn’t 48% or 4721people with physical/muscular and
adequately equipped and locomotive organs impairment
furnished
Absence of Braille template   40% or 2785 people with sight loss or impairment

Absence of sign language 7% or 557 people with hearing difficulties

Other reasons

3.1.2. Formation of Community Organizations and Parties

Legal Guarantees
The citizens of Mongolia are guaranteed to enjoy the right to form a party or
other mass organization and freedom of association to these organizations
based on social and personal interests and opinion (Article 16 of the
Constitution of Mongolia).

The Convention on the Rights of Persons with Disabilities also stresses the
need to promote actively an environment in where persons with disabilities
can effectively and fully participate in the conduct of public affairs, without
discrimination and on an equal basis with others and encourage their
participation in public affairs including:
i. Participation in non‐governmental organizations and associations
concerned with public and political life of the country, and in activities
and administration of political parties;
ii. Forming and joining organizations of persons with disabilities to
represent persons with disabilities at international, national, regional
and local levels.


2
NAMOPWD.  Survey conducted during 2008 Parliamentary elections.

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The Law on Political Party and the Law on Non‐Government Organization
require at least 801 founding members to apply for a party registration and 5
members to form an NGO. These apply for PWDs as well.

There is no information regarding the number of political activists with
disability who belong to political parties. None of the parties has specific
program articles concerning the interests of PWDs.

Table 7. PWDs NGO Evaluation Report3
№ Name of NGO Paid Office Source of Book keeping
staff   funding

1 NAMOPWD 15 Rented Government Good
contract,
project
2 MABP 12 Own office Government Good
contract,
project,
member fees
3 FTUPWD 3 Rented   Government Good
4 NCRWWD 2 Rented   Government Good
5 APCwD 5 Rented   Project Good
6 Association  for 2 Rented   Project Good
Promotion of Rights of
Children with Medullar

99 NGOs of PWDs are in the registry of the Civil Registration Center. There are
15 NGOs of people with hearing loss, 5 NGOs of people with vision impairment,
5 NGOs of citizens in wheelchairs, 6 NGOs of people with mental pathologies, a
trade union of PWD, 17 NGOs of children with disability and others. There is no
information available on their activities to monitor government policies from
the standpoint of PWDs. The survey involved 44 organizations with an office
and a staff of six and more. NGOs are institutionally weak, their capacity,
knowledge and skills are low, with scarce financial resources and no
permanent office.

3.1.3. The right to submit petition and the right to fair trial
The Constitution of Mongolia states a citizen’s right to submit a petition and
the right to fair trial as “12) the right to submit a petition or a complaint to
State bodies and officials. State bodies and officials shall be obliged to respond
to petitions or complaints of citizens in conformity with law”, “14) the right to

3
NAMOPWD.  Survey report. UB. 2007

21

appeal to the court to protect his/her rights if he/she considers that the rights
or freedoms as spelt out by Mongolia’s law or an international treaty have been
violated”.

The Convention of the Rights of PWDs reads that States Parties shall ensure
effective access to justice for persons with disabilities on an equal basis with
others. There is no statistical data on petitions and complaints with regard to
PWDs rights.

3.1.4. Other Political Freedoms

Legal Guarantees
The Constitution of Mongolia incorporates freedom of thought, opinion and
expression, speech, press, peaceful assembly and the right to seek and receive
information except that which the state and its bodies are legally bound to
protect as secret.

The Convention of the Rights of PWDs also states that States Parties shall take
all appropriate measures to ensure that persons with disabilities can exercise
the right to freedom of expression and opinion, including the freedom to seek,
receive and impart information and ideas on an equal basis with others and
through all forms of communication of their choice.

Because of three large scaled demonstrations and a hunger strike organized by
NAMOPWD and МMABP, there was a change for more action to protect the
rights of PWDs. For instance, there was an increase in pension allowances. In
accordance with the National Program on Persons with Disabilities and the
Subprogram to Support Participation of Children with Disabilities, 13.2% of
public radio and TV programs or 2 hours 10 minutes of TV news broadcasts
now use sign language. The Government approved General Standards for Sign
Language in 2007, but implementation is far from adequate. Forty percent of
people with hearing loss say they do not understand the TV sign language.
There is no opportunity for people with hearing loss to express their opinion
through TV programs. Even though 20 minutes are allotted for PWDs
programming every month, they are not utilized adequately in the interests of
PWDs. Sign language, Braille letters, additional hearing appliances and other
classic forms are not used for formal communication purposes.

Although the Government disseminates information, it is not delivered to the
target population effectively. For example, the Government has provided tape
recorders to people with sight impairment, but there are no target programs
produced and recorded on the tapes. Although books written using Braille
letters were printed and delivered to the public, Braille papers are rare, prices
are high and only a limited number of people possess the scripture. “MABP”

22

NGO obtained USD 22000 funding from the Asian Development Bank for
information dissemination for people with vision loss through BEST–FM radio
station. A Braille library for people with sight impairments opened at the
Natsagdorj Central Library; however, it was soon closed.


Graph 3. Availability of Information on PWDs Rights

18% dissemination
meets PWDs 4%
needs other
11% - no media to
inform on PWDs
rights

61%- relevant
information is very
6% - PWDs are scarce
unable to receive
information from
media

3.2. Economic Rights

Legal Guarantees
Article 16 of the Constitution of Mongolia states the right to fair acquisition,
possession, ownership and inheritance of movable and immovable property.
The Convention on the Rights of Persons with Disabilities mentions the
obligation to ensure access by persons with disabilities to public housing
programs.

There are no discriminative clauses in the Law on Land Ownership and the
Law on Intellectual Property; therefore, it is assumed that PWDs can own land
and other property.

There is no data on how many PWDs own land or private housing, how many
are engaged in business activities. There are only six PWDs with academic
degrees. There is no NGO engaged in protection of PWDs property rights.

23

3.3. SocioCultural Rights

3.3.1. The Right to Education

Legal Guarantees
The Law on Preschool, Secondary, Vocational and Higher Education and the
Law on Social Protection of Rights of Persons with Disabilities contain no
specific clauses on protection of education rights of PWDs. In addition, there is
no state institution responsible for education rights and special education
needs of PWDs.

There are 32516 children with disabilities in Mongolia. However, there is
neither special commission to determine status of their disability, nor early
screening and appropriate diagnosis of children with disabilities. There are no
special programs activities to develop talents and skills of children with
disabilities. Due to these and many other reasons, children with disabilities
miss their enrollment into kindergartens or schools. Out of six special schools
in the country, four are schools for children with intellectual impairment, one
school for children with vision difficulties, and a school for children with
hearing loss. Twenty two hundred children attend these schools, while only
12000 kids study at general secondary schools.

Table 8. Evaluation of opportunities to develop talents
and skills of children with disabilities
Description PWDs Guardian

Opportunity or favorable condition to study 48% 36.3%
like other children

Opportunity to develop talents and skills   29.5% 26.9%

To present talents and skills publicly   16.3% 25.1%

Accept reward, grant or any fee for 8.3% 20%
outstanding knowledge and skills
Opportunity to study in schools of interest 21.7% 15%
and choose a profession of interest

Forty eight percent of children involved in the survey and 36.3% of guardians
believe that they had an opportunity to study like other children. 26.5% of the
surveyed said “yes”, 36% said “no”, 4% said “impossible” and the rest said,
“don’t know” to the question on the guarantees of the right to education.
Although there are 52 vocational technical schools, there are numerous
problems related to a favorable study environment, teacher qualifications,

24

special skills programs, and better quality special curricula. Although the
National Rehabilitation Center for Disabled Persons (NRVTCD) provides
vocational training in eight different professions for children with disability,
trainings are short‐termed, few professional teachers, insufficient equipment
for training, and poor quality of education.

The Center needs to conduct training on teaching special techniques to work
with children with disability and develop special curricula. The Ministry of
Social Welfare and Labor operates more than 40 training organizations, none
has training environment or special programs for PWD. According to the
survey, 21.75% of PWD, 35.1% of their guardians, 49.7 % of staff working with
PWD expressed the need for special training. 78.3% of PWD surveyed
mentioned the lack of training opportunities. More than 250 students with
disabilities study at colleges and universities in Mongolia. According to Article
7.4 of the Law on Social Protection of Rights of Persons with Disabilities, the
state allocates 300 000 tugrugs for tuition fee per student annually. College
tuition fees create additional financial burden to students with disabilities.

3.3.2. Employment and Labor

Legal Guarantees
In 1997, 2007 and 2008, the Parliament introduced amendments to the Law on
Labor to support employment opportunities for PWDs. Moreover, amendments
were made to give certain privileges to businesses employing PWDs. In 1998,
Mongolia joined the ILO Convention 159 on Vocational Rehabilitation and
Employment of Disabled Persons.

According to NAMOPWD survey, more than 48489 out of 81005 PWDs are of
labor age. There are 97201 PWDs of labor age in 2008 as reported by MLAC.
1400 PWDs work individually on the market, 700 have their own business and
others assist 68 in their work.

Article 111 of the Law on Labor states: “If an employer has more than 50
employees, at least 3 percent of such employees must be disabled persons or
dwarfs”. Companies pay a penalty in the case of non‐compliance.  Penalties are
deposited in a special account with the State Treasury to be used as social
benefits for disabled persons and dwarfs. The account accumulated more than
140‐220 million tugrugs in the last three years. The account money is still
insufficient to resolve issue of creating jobs and additional vacancies for PWDs
and their training.

The national legislation requires development of employment standards for
PWDs. The standards have not yet been approved. 8.3% of the surveyed said
“yes” and 57.7% said “no” to the following question: Are you provided with

25

favorable employment conditions? Knowledge on adequate employment rights
and job opportunities is inadequate and access to information is low among
PWDs. Many PWDs leave their jobs because of discriminatory wage
differences, unfair and neglecting attitude from colleagues, transport
difficulties and inadequate working conditions. The above requires a special
study.

3.3.3. Health

Legal Guarantees
Clause 1, Article 28 of the Health Law mentions free medical care and service
for PWDs. Clause 12, Article 8 of the Medical Insurance Law states: “If the
insurer procures discount medicine indicated on emergency list of medications
from the drug store and prescribed by a family physician, then half of the costs
can be covered by the (Medical Insurance) Fund”.
According to Order 65 by the Minister of Health issued in 2003, PWDs are
subject to medical check or hospitalization at the first request. However, there
is no data on medical assistance for PWDs. Practice shows that there are
problems for PWDs in receiving modern screenings or tests. Transportation
difficulties limit PWDs access to medical institutions. 40.8% of the surveyed
PWD said “yes”, 38 % said “no”, and the rest replied “don’t know” to the
question: “Are you provided with adequate medical service and care to protect
your health?”. The survey covered the capital city only. The data have no
national representation.

3.3.4. Social Protection

Legal Guarantees
The Social Insurance Law and the Law on Social Protection of Rights of Persons
with Disabilities cover the issues of social protection. The Social Protection
Law objectives were modified in 2008 at the request of PWDs NGOs. The new
objectives are “to create equal and favorable conditions for the people with
special needs for participation in any social relationship, to provide special
service to meet their needs and regulate issues of their status”. It was an
important step forward in the overall policy on PWDs.

There are 97201 PWDs older than 16 years of age as reported by MLAC.
According to the NAMOPWD survey, 48489 out of 81005 PWDs were 18 years
and older and 32516 were children under the age of 18. The differences in data
stem from different definitions of the status of the disabled used by the two
organizations. PWDs with no legal right to pensions and allowances from the
Social Insurance Fund are covered by pension/allowance from the Social
Welfare Fund.

26

On the average, a PWD receives annually 970.741.62 tugrugs (80,895.1 tugrugs
monthly) as pensions. According to the NAMOPWD survey, 29287 out of 48489
PWDs receive their pensions from the SIF and 19202 from the SWF
respectively.

Table 9.Disbursements from the Social Insurance Fund (SIF) and
the Social Welfare Fund (SWF) (during the last 5 fiscal years)
# Year Number Number of Disabled Budget spent for
of Pensioners pensions /billion/
persons
SIF SWF SIF ас SWF
1 2004 81966 52319 29647 17817.0 4899.8
8
2 2005 87104 54515 32589 20746.4 5297.8
3 2006 89338 55290 34048 22134.9 8083.9
4 2007 92617 57914 22466; (34703) 39825.2 7611.3

5 2008 97201 58749 36789; (38452 57030.1 16092.7
MLAC)

In 2007, 14.2 billion tugrugs were used as conditional cash allowance for
97909 PWDs. There is no accurate figure for the total number of disabled
pensioners that received a pension or an allowance. Allowances of 24 000
tugrugs for disabled children younger than 16 years old are given to their
parents or guardians. The average monthly income for sixty percent of families
with PWDs varies between 30 000 ‐50 000 tugrugs in 2008.4

Allowances and Benefits
As indicated in the Social Protection Law, PWDs are entitled to receive the
following allowances:
 140 000 tugrugs per year are provided to PWDs for rent payments if PWDs
live in an apartment, or for fuel cost to heat a gher for those with complete
loss of sight, complete loss of hearing ability, Lilliputians and citizen who
have fully lost physical ability and are in need of constant care and service.
 A full compensation for a locally produced prosthesis provided once every
three years for children with disabilities younger than 18 years of age.
 A full compensation for locally produced prosthesis provided once every
five years for PWDs with no legal rights to services from the Industrial
Accident Fund and/or the Professional Illness Fund with regard to
procurement of prosthesis or service cost for rehabilitation.


4
NAMOPWD. Survey report.

27

 A full compensation for a locally implanted and procured invalid
wheelchair every five years for children with disabilities younger than 18
years of age with no legal rights to services from the Industrial Accident
Fund and/or the Professional Illness Fund with regard to procurement of
prosthesis or service cost for rehabilitation.
 The Government also reimburses a transportation cost for disabled
children for a round trip visit to a special school once a year.
 A compensation equal to fifty percent of one way trip to a sanatorium as
well as permit documents once a year are provided to the following
persons:
o children with disabilities younger than 18 years of age who are in
need of medical or rehabilitation treatment,
o PWD with complete loss of employment capacity with no legal rights
for services from the Industrial Accident Fund and/or the Professional
Illness Fund and in need of prosthesis or rehabilitation at mineral
resorts.
 Allowance for disabled children or for food cost at a kindergarten for one
child whose parent has fully lost employment ability.
 Postal and phone allowance for an adult with a complete loss of vision.
 Full compensation of one way trip cost for the person with disability who
permanently resides in an isolated rural area at a distance of 1000 km
from the city upon decision of a provincial general hospital special
commission on the need for in emergency treatment or screening at the
central capital hospital in Ulaanbaatar once a year.
 The letter written in Braille letters, postal mail, Braille press or domestic
postage of 10 kg in weight can be delivered free of charge at the state
expense and special equipment, devices and related instruments must be
distributed freely to a person with a complete loss of vision.
 75 percent compensation of round trip cost from a province to the capital
city for a person with a complete loss of vision who by a decision of a
medical institution needs treatment or rehabilitation once a year.
 50 percent compensation of cost of permit documents for a summer camp
for children with disabilities once a year.
 If a single disabled person has no legal rights to funeral allowances as per
the Social Insurance Law, 75 percent  compensation is provided from the
Social Insurance Fund.
 According to the Social Insurance Law, a PWD will not pay a ticket fee on
public transportation.
 Trade, transportation, telecommunication, health, and other public service
organizations are to provide services for PWDs as privileged customers. At
the 2007 initiative of NAMOPWD, the Auto Traffic Law includes a clause to
improve transportation service for PWDs in public transportation.
 The Government allocates funds to the State Budget to improve housing or
provide gers for homeless disabled persons with a complete loss of sight,

28

complete loss of hearing ability, Lilliputians and citizens with a full loss of
physical ability and in need of constant care. In 2007, 1.2 billion tugrugs
were used for PWDs (LWSA report).

There is criticism of low quality products provided to PWDs such as
wheelchairs, walking sticks and hearing devices. As the result of amendments
to the Social Protection Law in 2007, PWDs receive cash allowance instead of
the products.

There are four factories producing artificial limbs and orthopedic tools in
Mongolia. The state prosthesis factory was established under the MLSW. It
manufactures cheap products with low quality that do not fully meet modern
requirements. Private factories, on the other hand, produce high quality
expensive orthopedic tools. Clearly, this dilemma needs to be resolved in the
interests of PWDs. In addition, PWDs are in need of training courses to learn
how to use modern special devices.

3.3.5. Participation in Cultural Events, Sports and Leisure

Legal Guarantees
Article 30 of the Convention on Rights of PWDs states that participating
countries shall carry out activities to meet and satisfy all rights for PWDs: а)
deliver cultural products in adequate number, b) disseminate TV programs,
movies, theaters and other cultural events in adequate number, c) theater,
museum, cinema, library, travel and tourist and other cultural services
providing places should be approachable for PWD and monuments and
historical memorials, national parks, culturally important sites also should be
available for visit and shall create opportunity for PWDs to reach sports, leisure
time recreation places and travel tourist sites. Children with disability should
be also be provided by equal rights to participate at plays, games, sport
activities, in particularly, take place in the sports competitions organized at
schools like other pupils. The Social Protection Law for PWDs, the National
Program to Support PWDs, the Subprogram to Encourage Participation of
Children with Disabilities and other relevant programs cover this area of the
current report. The President of Mongolia, at an initiative of NAPOPWD,
submitted draft amendments to the Law on Physical Culture and Sports to the
Parliament in August 2007.

There are no adequate places for PWDs to spend their leisure time. However, as
for sports, the 2007 amendments to the Law on Physical Culture and Sports led
to positive changes. A PWDs sports teams were set up and receive training and
benefits under the aegis of the State Committee for Physical Culture and Sports
(SCPCS). As a result, Mr. D.Baatarjav won a Gold Medal from the 2008 Beijing
Para‐Olympic Games. Mongolian sportsmen‐PWDs have the same status as

29

healthy sportsmen as stipulated by the Government Order 208 (2007). This
served as a positive encouragement to youth and children with physical
disabilities to go in for sports. A Mongolian sportsman with hearing
impairment became Champion of Surdo‐Olympics in 2009.

3.4.1. The Right to Privacy

Legal Guarantees
Article 14 of the Convention on the Rights of PWDs provides that States Parties
shall ensure that persons with disabilities, on an equal basis with others enjoy
the right to liberty and security of person and are not deprived of their liberty
unlawfully or arbitrarily, and that any deprivation of liberty is in conformity
with the law, and that the existence of a disability shall in no case justify a
deprivation of liberty. In addition, States Parties shall ensure that if persons
with disabilities are deprived of their liberty through any process, they are, on
an equal basis with others, entitled to guarantees in accordance with
international human rights law and shall be treated in compliance with the
objectives and principles of this Convention, including by provision of
reasonable accommodation.

There is no data.

3.4.2. The Right to Equality

Legal Guarantees
Article 12 of the Convention on the Rights of PWDs postulates:
1. States Parties reaffirm that persons with disabilities have the right to
recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal
capacity on an equal basis with others in all aspects of life.
3. States Parties shall respond appropriately to provide access by persons
with disabilities to the support they may require in exercising their
legal capacity.
4. States Parties shall take all appropriate and effective measures to
ensure the equal right of persons with disabilities to own or inherit
property, to control their own financial affairs and to have equal access
to bank loans, mortgages and other forms of financial credit, and shall
ensure that persons with disabilities are not arbitrarily deprived of
their property.

Article 16 of the Constitution of Mongolia states that men and women enjoy
equal rights in political, economic, social, cultural fields and in family
relationship.

30

IV. INDICATORS

Methodology for Developing Indicators of Rights Implementation of
Persons with Disabilities

There are 600 million PWDs around the globe. The majority of them live in
developing countries. The United Nations approved the Convention on the
Rights of Persons with Disabilities with the Optional Protocol in 2006 at the
61th meeting of its General Assembly. The Convention is based on the UN
international experience and evaluation of the situation of PWDs around the
world. It is an important contribution to promotion of PWDs right to full and
active participation in civil, political, economic, and social life whether in a
developing or a developed country. It is an also an obligation to alleviate the
negative social impact that PWDs face in their lives.

The document’s purpose is to promote, protect and ensure full and equal
enjoyment of all human rights and fundamental freedoms by all PWDs, and to
promote respect for their inherent dignity. Altogether 143 countries have
signed the document and 74 nations have joined the Convention. Mongolia has
ratified the Convention with the Optional Protocol in 2008.
Article 10 оf the Constitution of Mongolia states “2. Mongolia shall fulfill in
good faith its obligations under international treaties to which it is a Party. 3.
The international treaties to which Mongolia is a Party shall become effective
as domestic legislation upon the entry into force of the laws on their
ratification or accession”. The Parliament of Mongolia approved the National
Millennium Development Goals in 2005 together with the MDG‐9 on human
rights and democratic governance.
Developing a legal environment to implement PWDs rights as stipulated in the
Convention of the Rights of PWDs is a fundamental task. It can only be
accomplished with an active and full participation of PWDs themselves. In
other words, PWDs can exercise their rights in a full and active manner only
through democratic governance based on human rights, integrity, and the rule
of law, civil society participation, transparency and accountability. This closely
interrelates with the MDG‐9 on human rights and democratic governance.
“Support to Achieving MDG‐9 on Human Rights and Democratic Governance”
Project initiated the development of indicators of PWDs rights in Mongolia as a
pilot exercise.

Concept and Principles of Developing Indicators of PWDs Rights
The normative base for PWDs rights includes human rights as reflected in the
following fundamental documents:
 Universal Declaration of Human Rights

31

 International Covenant on Economic, Social and Cultural Rights
 International Covenant on Civil and Political Rights
 Convention on the Rights of the Child
 Convention on the Elimination of All Forms of Discrimination against
Women
 ILO Convention 159 on Vocational Rehabilitation and Employment of
Disabled Persons
 Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
 International Convention on the Elimination of All Forms of Racial
Discrimination

We used the following concept in developing indicators of PWDs rights:
 Development disability is a changing and developing concept, derived
from barriers and difficulties caused by physical impairment, social
attitude and environmental limitations preventing PWDs from full and
active participation in the society.
 Recognition of development disability as a part of human diversity is fundamental.
 PWDs have the same rights as others.

The principles are:
a. Respect for inherent dignity, individual autonomy including the freedom
to make one’s own choices;
b. Non‐discrimination;
c. Full and effective participation and inclusion in the society;
d. Respect for differences and acceptance of PWDs as part of human diversity
and humanity;
e. Equality of opportunity;
f. Accessibility;
g. Equality between men and women;
h. Respect for the evolving capacities of children with disabilities and
respect for the right of children with disabilities to preserve their
identities.

PWDs rights indicators should meet the following requirements:
 To be in conformity with the task of monitoring the implementation of
PWDs rights
 They should be simple and easy to understand.
 To be based on international standards, recommendations and best
practices.
 To be based on reliable statistical and other data sources.
 To be implemented repeatedly with a certain time interval.
 It should have gender and poverty focus.
 They should be easy to institutionalize.

32

Each indicator has the following description:
 Indicator Definition
 Related Rights
 Application Justification
 Calculation
 Data Sources
 Implementation Period
 Gender and Poverty Focus
 Indicator Weakness
 References where needed
 National Agencies in Charge of Data/Information Collection and
Compilation

Innovative aspect
Indicators of PWDs rights in Mongolia are the first ever effort to begin
measuring the implementation of PWDs rights using the experience of MDG‐9
indicators in a new pilot sector, and taking into account as many factors as
possible that affect the full and active exercise of PWDs rights and also their
capacity to participate.

The research team has taken into account the methodology for Human
Development Index, Gender Development Index, MDG‐9 indicators and other
experiences. The preliminary drafts of the methodology were discussed and
approved by stakeholders (relevant NGOs, experts, businesses and citizens) on
23 October and 9 December 2009.

33

INDICATOR DEFINITION

1. Expert Evaluation of Conformity of Mongolia’s Legislation with
Universal Declaration of Human Rights and the Convention on the
Rights of Persons with Disabilities

Indicator Definition
The indicator is an expert evaluation expressed as percentage of conformity of
the Mongolia’s national legislation with the Universal Declaration of Human
Rights and the Convention on the Rights of Persons with Disabilities to which
Mongolia is a Party.

Related Rights
All human rights and freedoms

Application Justification
National legislation should reflect the concepts of international treaties and
conventions to which the nation is a party and thus should be in conformity
with international norms and standards. Article 10 of the Constitution of
Mongolia states: “2. Mongolia shall fulfill in good faith its obligations under
international treaties to which it is a Party. 3.The international treaties to
which Mongolia is a Party shall become effective as domestic legislation upon
the entry into force of the laws on their ratification or accession.”

Calculation Method
Experts evaluate in percentage the conformity of the national legislation with
international treaties and conventions to which Mongolia is a Party.

Data Sources and Compilation Method
 Mongolian national legislation in force
 International treaties and conventions on PWDs rights to which Mongolia is
a Party

Implementation Period
Biannually as stated in the Convention on the Rights of PWDs

Gender and Poverty Focus
Disaggregation with regard to women’s and child’s rights is possible.

Indicator Weakness
There is no comprehensive research on the degree of conformity of national
legislation with international treaties and conventions to which Mongolia is a
Party. Practical application of international treaties in the court is extremely

34

limited, as well as there are practically no guidelines, user guides, or relevant
trainings.

References
 Laws and international treaties
 Court rulings
 Supreme Court resolutions

National Agencies in charge of Information Collection and Compillation
Ministry of Justice and Internal Affairs

35

2. Level of PWDs Participation in Political Elections

This is an indicator of participation of PWDs in elections and an indirect
expression of whether specific needs of PWDs have been met to allow for a full
exercise of their rights.

Related Rights
To elect and to be elected

Application Justification:
 PWDs active participation in elections either directly or through their
representatives is essential for incorporating their specific interests and
needs into public policy‐making.
 The Convention on the Rights of PWDs postulates: “Ensure that persons with
disabilities can effectively and fully participate in political and public life on
an equal basis with others, directly or through freely chosen representatives,
including the right and opportunity for persons with disabilities to vote and
be elected”.
 There are many limitations for a full participation of PWDs in elections in
Mongolia. Braille templates are not used in the voting practice for blind
people, and there is no infrastructure to allow PWDs access to election
stations, and electoral legislation is not available in the sign language for
PWDs with hearing difficulties, etc.
 The total number of PWDs who participated in the 2008 parliamentary
elections was 13625 or 34.7 per cent of the total number of PWDs (or 1.15
per cent of all the voters) according to NAMOPWD survey.

Calculation Method
Percentage of PWDs who participated in parliamentary elections in the total
number of PWDs of electoral age.

General Election Committee reports and other survey data.

Once in four years

Voter data can be disaggregated by gender.

Indicator Weakness
The indicator can express tangible barriers to participation with no
consideration of social attitudes towards PWDs.

36

References
 General Election Committee report
 Voter turnout of presidential, parliamentary and local elections

National Agencies in charge of Information Collection and Compilation
General Election Committee (GEC)

37

3. Access to Media Information by PWDs

The indicator reflects access of PWDs to information and is measured by
percentage of information delivered for PWDs by publicly owned media. The
indicator compares the ratio of information disseminated with specific devices
and tools for PWDs and general information for all.

Related Rights
Freedom of expression and the right to information

Application Justification:
 This is a fundamental right recognized by international conventions and
national legislation.
 It is important for PWDs to have access to information through specific
devices to implement the above right on an equal basis with other
citizens.
 Usage of sign language, Braille letters, and additional specific methods
during official communications provides an opportunity to inform PWDs
of government policies.
 Media that use specific devices thus increase their customer/client base
and implement their social responsibility.

Calculation Method
Percentage of information hours where the National Public TV and Radio
Agency use specific tools and devices for PWDs in the total hours of
broadcasting.

Information is collected from reports by the above agency and monitoring by
PWDs NGOs.

Annually

The number of low income PWDs with no access to radio, TV and newspapers
can be disaggregated.

Weakness
The majority of PWDs is poor, has a low level of education, and may not have
access to media.

National Public TV and Radio Agency

38

4. Average Income of Families with PWDs

The indicator reflects economic status and opportunities of PWDs.

Related Rights
Economic rights

 To have a regular income, to own property and to participate in economic
relations are a guarantee of equal participation and opportunity in socio‐
economic relations for PWDs.
 PWDs have the right to own property on equal terms with other citizens.

There will be an additional question in the Annual Socio‐Economic Survey
Household Survey by The NSO.

Annually

Data on PWDs can be disaggregated by gender and economic status.

Weakness
No information whether a PWD is a legally capable person.

National Statistic Office
Ministry of Social Welfare and Labour

39

5. Access for PWDs to State Organizations

The indicator reflects the degree of access of PWDs to state organizations
responsible for delivery of public services such as hospitals, schools, labor and
social protection departments, sports facilities, and local administrations.

Related Rights
Political, social and economic rights

To exercise their rights, PWDs need to have at least physical access to state
organizations in charge of delivery of social services.

Calculation Method
The indicator will be the number of state organizations that have provided
physical access to PWDs.

Reports by relevant ministries and the Committee on Physical Culture and
Sports.

Annually

Disaggregation is not available.

Weakness
No information on the number of customers who are PWDs.

Relevant Ministries and the Government Secretariat

40

6. Availability of Information for PWDs at Public Service
Organizations

The indicator reflects the access of PWDs to information at public service
organizations responsible for delivery of public services such as education,
labor, health and rehabilitation, social protection, and local administrations.

Related Rights
The right to information

The right to information is incorporated in international and national
instruments on human rights. In order to exercise their rights and fully enjoy
the benefits of social services, PWDs need to seek and receive information by
using specific tools and equipment in line with their respective disabilities. The
degree of the use of specific tools and equipment to provide information to
PWDs reflects the degree of state attention to implementation of the rights of
PWDs.

Calculation Method
The indicator will be the number of public service organizations that provide
information to PWDs using specific tools and equipment to suit their disability
needs.

Reports by public service organizations such as social insurance, social care
organizations and local administrations.

Annualy


Weakness

Ministry of Social Welfare and Labor

41

7. Access to Public Transportation for PWDs

The indicator reflects the degree of access to public transportation for PWDs.

Related Rights
Support to implementation of political, social and economic rights of PWDs.

Access to public transportation for PWDs is a practical necessity facilitating the
implementation of all rights that PWDs are entitled. This also contributes to
better independence of PWDs and a more active participation in social life. The
degree of access to public transportation for PWDs reflects the degree of state
attention to implementation of the rights of PWDs.

Calculation Method
The indicator will be the number of public transportation units (public buses)
that have been made accessible for PWDs compared to the total number of
such public transportation units. The indicator is expressed as percentage.

Reports by Ministry of Social Welfare and Labor and Ministry of Roads,
Transport, Construction and Urban Development.

Annualy


Weakness

Ulaanbaatar Mayor’s Office

42

V. EXPERT EVALUATION RESULT

METHODOLOGY
Countries may begin to use indicators of PWDs rights to measure their social
progress and the societal care given to PWDs. Indicators should reflect
political, socio‐economical, cultural and traditional factors as well as
internationally accepted standards of PWDs rights. The Convention on the
Rights of Persons with Disabilities is an important yardstick in this respect.

А. In conducting an expert evaluation, countries may engage a team of 5‐7
national experts to study national reports on implementation of PWDs
rights and then assess the current situation using a questionnaire with
a score of 1‐4.

B. If there is no national reports on rights’ implementation; a national team
should have a wider representation with at least three experts for each
section of the questionnaire. For a general assessment for any case А or
B, the following formula applies:

1. For each parameter, there will be an average evaluation:
EA =E1+E2+E3+....+En/n
EA ‐Experts evaluation
(En)‐individual expert evaluation
N‐Number of experts

2. All experts’ (As) average evaluations are added and then divided by the
number of parameters used to assess the PWDs situation.

Bgv=Ea1+Ea2+Ea3+...+Ean/m
Bgv‐ general value for a problematic issue
Ea1‐n‐ experts’ evaluation by each parameter
m ‐ Number of parameters

The evaluation uses the scores of 1‐4 where
 1 score – no adequate conditions available for PWDs participation in
social life (70‐100 percent)
 2 scores – some favorable conditions have been created to allow PWDs
participation in social life (50‐70 percent)
 3 scores – there is a substantive improvement in PWDs participation in
social life (25‐50 percent)

43

 4 scores – Equal opportunity conditions have been created for PWDs
participation in social life with relatively minor difficulties still present
(1‐25 percent).

Implementation of PWDs rights is dependent on many factors including
disability type, social attitudes and psychological influences. It is important to
use various types of assessments such as quantitative and qualitative
parameters and experts evaluations. The indicators of PWDs rights have the
following specific features:
 Combination of quantitative, qualitative assessments and experts’
evaluation
 Surveys provide realistic data on PWDs status in the society.
 It is a pilot experience allowing for corrections and modifications in the
future.
 As the result of this exercise, policy‐makers and PWDs NGOs are able to
identify the causes of PWDs problems and formulate solutions to resolve
them. The exercise also serves as a planning tool for all stakeholders.
 Regular evaluations produce time series crucial data for analysis and
planning.
 The data can be used to create a PWDs database and statistics software;
 There is an opportunity to conduct assessments at national and international
levels for comparative purposes.

44

Average Score of Experts’ Evaluation (2009)

Political Rights and Freedoms
Evaluation questions    Experts
evaluation
1.Does Mongolia’s legislation on PWDs conform to relevant international 3
conventions?
2.Can PWDs participate in elections irrespective of disability type? (cast votes, 3
receive information, etc)
3.Can PWDs be nominated and/or elected at all levels of electoral campaign? 1
4.Do PWDs NGOs have the capacity to protect their rights? 1
5.Do PWDs have access to government and other official premises?   1
6.Is there training on PWDs rights for staff of courts, police, and prisons?   1
7.Do media use PWDs special devices in disseminating their programs? 2
8.Is there any media programs designed for children with disability? 1
9.Are sign language, Braille letters, additional communication and other 1
selective methods used during official communication?
10. Do service providers use sign language, Braille letters, additional 1
communication and other means to reach PWDs clients?

Economic Rights
11.Can PWDs own land for private or business purposes? 1
12.Is there any planning to provide housing for PWDs? 2
13.Can PWDs receive bank loans and credits? 1
14.Are there necessary conditions for PWDs to engage in business? 3

Sociocultural Rights
15.Can children with disability attend kindergartens? (conditions and social 2
attitudes)
16.Can children with disability enroll in primary and secondary education 3
(conditions and social attitudes)
17.Are PWDs provided with an opportunity to work? 2
18.Is there professional and labor rehabilitation available for PWDs? 1
19.Do PWDs have access to health services? 3
20.Can PWDs have access to medical organizations and pharmacies? 2
21.Does health insurance cover PWDs expenses on medical treatment and drugs?   1
22.Is PWDs pension enough to pay for the basic food basket? 1
23.Are PWDs provided with prosthesis and other related orthopedic instruments?   4
24.Is there training available for PWDs on the use of orthopedic instruments and other 2
devices?
25.Are PWDs covered by local social protection and care agencies? 1
26.Does the Government Action Plan have a housing program for PWDs? 1
27.Is there access for PWDs to theaters, libraries, cinemas and tourist sites? 1
28.Are there sports facilities equipped for PWDs? 1
29.Are there opportunities for children with disability to attend various trainings and 1
courses as extra‐curricular activities?

The Right to Privacy
30.Are there legal guarantees of the PWDs right to privacy? 2

Equality

45

31.Has Mongolia recognized PWDs legal capacity? 1
32.Can the indicators fully reflect the implementation of the abovementioned rights? 4

46

VI. RECOMMENDATIONS

Difficulties in implementing rights of PWDs

 Approve an uniformly accepted definition of PWDs to avoid
duplication in numbers and statistical discrepancies;

 Introduce uniform methodology for screening and diagnosing PWDs;

 Identify effectively PWDs needs;

 Introduce planning for PWDs development based on effective
determination of their needs;

 Create monitoring and evaluation system for implementation of the
already existing legislation on protecting PWDs rights;

 Build and strengthen capacity of civil society for protection of PWDs
rights;

 Introduce changes in social protection and social care policies to
protect better the rights of PWDs;

 Introduce changes in the electoral management and organization to
allow full access for PWDs to exercise their right to elect and to be
elected;

 Improve infrastructure to meet international standards of PWDs
needs;

 Establish mechanism for dissemination of information and news for
PWDs;

 Create a national database on PWDs.

The experts’ evaluation score is 1.64 that shows inadequate
implementation of PWDs rights. The score reflects the fact that there are
high barriers (70 percent) to implementing PWDs rights.  Radical change
in the policies is needed to improve the current state of implementation
of PWDs rights in Mongolia.

47

VII. APPENDICES

APPENDIX 1. SURVEY METHODOLOGY

Goals of Developing Indicators of PWDs Rights:
 Develop methodology for indicators of PWDs rights
 Study reports of international and national significance, legal and policy
documents and statistical data
 Produce a list of indicators of PWDs rights for further selection
 Hold consultations with relevant national stakeholders

Work Process:
1. A research team was set up including two experienced researchers with a
strong knowledge of PWDs issues and a research assistant. They conducted the
survey from 29 August until 1 September 2009.
2. The research team conducted the following activities:
 A comparative study of different concepts on development disability,
 A study of Institutional structures and responsibilities with regard to
PWDs rights were assessed.
 An analysis of the concept of human rights and the goals and purposes of
the UN Convention on the Rights of Persons with Disabilities,
 Development of a methodology for indicators of PWDs rights:
‐ Concept and principles of indicator development
‐ Justification of indicators of PWDs rights
‐ Indicator selection principles
            ‐ List of indicators
            ‐ Description of indicators
 A case study was produced.
 A study of reports of international and national significance, legal and
policy documents and statistical data in October 2009 resulting in the first
draft list of indicators
 The final stage of the project was implemented in November‐December
2009.
 Indicator definitions were written based on the comments and proposals
derived from consultations with stakeholders.

Quantitative Data Compilation
Quantitative data were collected from a survey conducted by three experts.
The team also used data from government organizations and NAMOPWD
certified data.

48

Sampling for Survey
The survey was based on a questionnaire filled by 500 respondents selected by
means of random sampling.
 NAMOPWD district Council survey data were used for PWDs and children
with disabilities as well as their guardians in equal numbers from every
form of development disability or types of impairment.
 If a selected PWD was, absent or not found at their primary address, the
next PWD was selected to participate in the survey as replacement.

Qualitative Data Compilation
The research team held consultations with stakeholders (PWD, experts, NGOs,
business community, government staff) on 13 October and 9 December 2009.
The team presented the survey results for verification. The results of the
consultations were used to polish the indicators.

Target Population Sampling
Civil servants from MSWL, MOECS, MOH as well as LWSA in charge of PWDs
issues and officials of the General Department of Social Insurance,
representatives of pro‐PWDs business community, NGOs promoting PWDs
rights as well as PWDs themselves were selected for interviews and group
discussions.

Table 10. Workshop and Discussion Participants
№ Name of the Institution Number of
Participants
1. MSWL 1
2. MOECS 1
3. MOH 1
4. LWSA 2
5. SSIGO 1
6. representatives of pro‐PWDs business 6
community
7. Representatives of pro‐PWDs NGOs 25
8. Representatives of PWDs   15

Quantitative Data Processing
Data of the survey conducted in September 2009 were processed.

Qualitative Data Processing
Indicator definitions were completed in November‐December 2009 with
inputs from stakeholders’ consultations.

49

APPENDIX 2. 2009 SURVEY RESULTS

Table 1. Respondent Age   Table 5. Household Income
Age Group Per cent Monthly household income Per cent
1620 5.9 Up to 41400   22.5
2130 16.1 4140159999 15
3140 22.4 60000 83000 17.5
4150 23.3 Above 90000 45
5160 16 Total 100,0
61 and older 1.3
No answer 15 Table 6. Enrollment in education
Enrollment in education Per cent
Table 2. Distribution by Sex
Yes   26.5
Sex Per cent No   36.0
Male   55.63 Not possible 4.0
Female 44.37 Do not know 33.5
Total 100,0 Total 100,0

Table 3. Distribution by Type of Table 7. Possibility to Acquire
Impairment Qualification
Type of Impairment Per cent Is it possible to acquire a Per cent
qualification?
Vision disabilities 17.7
Talking and hearing difficulties 20.3 Yes 21.7
Difficulties related to legs 25.0 No 78.3
Dwarf   0.4 Total 100,0
Guardians of mentally deficient 16.2
PWDs   Table 8. Labor conditions
Other   20.4 Are your labor conditions Per cent
favorable?
Total 100,0
Yes 8.3
Table 4. Educational level of respondents No 57.7
Educational level Per cent It is not possible 6.9
Do not know 27.1
University   10.0
Total 100,0
Secondary school 30.0
Primary school 40.0 Table 9. Access to Health Services
No education   20.0 Do you have an access to Per cent
Total 100,0 health protection and health
services?

Yes 40.8

No 38
It is not possible 1.4
Do not know 19.8
Total 100,0

50

VIII. LIST OF SOURCES

1. Changes in Democratic Governance. 2007‐2008, UB 2009
2.   MDG9 Criteria and Indicators, UB 2008
3.   Social Sector Strategy Paper, UB 2003
4. Convention of the Rights of Persons with Disabilities and an Optional Protocol, UB
2006
5. Law on Social Protection of Persons with Disabilities, UB 2008
6.   Package of Social Insurance Laws, UB 2008
7.   Package of Social Care Laws, UB 2008
8.   National Program for Promotion of Persons with Disabilities, Government Resolution 283
9.    Sub‐program for Promotion of  Participation of Chilren with Disabilities, the Government
Resolution 283
10.   Biwako Millenium Framework for Asia‐Pacific Persons with Disabilities, Myanmar
2005
11.   G.Dalaijamts: Promotion of PWDs Rights and Development of Their Legal
Environment, Quarterly    Journal of Human Rights, 2006/4
12.   Philantrophy Development Centre: Report on Implementation of PWD Equal Access
Standards, UB 2006
13.   D.Davaadamdin: Rights of Chilren with Disabilities, Quarterly Journal of Human
Rights, 2006/4
14. Sociological Survey on Developing Indicators of Persons with Disabilities’ Rights. UB,
2009
15. Report of Medical Labor Accreditation Commission of the General Department for
Social Insurance, UB 2005‐2008
16. LWSA Reports (2004‐2009)
17.   NAMOPWD Monitoring Report of PWDs Rights Implementation during 2008
Parliamentary Elections, UB  2008
18.   NAMOPWD Income Survey of Households with PWDs, UB 2008
19.   National Congress on PWDs Rights: Recommendations, UB 2006
20. Mongolia Human Development Reports, UB 2007, 2008
21. General Election Committee Chairman Report: The results of Parliamentary
Elections, UB 2008
22.   NSO: Statistical Yearbook of Mongolia, UB 2008
23.   Report by President of NAMOPWD at the National Congress on PWDs Rights:
Quarterly Journal of Human Rights, 2006/4
24.   Order of Minister for Social Protection and Labor : On Amendments to Standard
Prices of Prosthese and Orthopaedics Instruments, UB 2007
25.   Guidelines Issued to Follow‐up Laws on Social Care, UB 2007, 2008
26.   D.Tsedenbal, report by an official of the Ministry of Finance: Concept and Criteria of
Human Development, UB 2006
27. Mongolia. Human Development Index.
28. The Lobby Center: Sociological Survey on Developing Indicators of Rights of Persons with
Disabilities, UB 2005
29. Ch.Chuluunbaatar: Survey Report on Health Issues of Children with Disabilities, UB
2006

51

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