CEDAW/C/57/D/39/2012
in the Caritas International report, 29 according to which, in 2007, 1 in 3 women
were estimated to be subject to domestic violence and 1 in 10 women to be battered.
Furthermore, there were no laws against sexual harassment and, according to a
survey, 1 in 2 employed women under 35 years of age identified herself as a victim
of sexual harassment in the workplace.
5.8 The author stresses that effective protection from the Mongolian authorities
was unavailable in her case. That the police investigated and questioned Mr. L.
cannot be considered to be effective protection under the Convention. The police
followed through neither of her complaints and offered no effective protection to her
because they did not prosecute Mr. L. and did not even seek to protect her from
further abuse. The author refers to paragraph 24 of general recommendation No. 19,
according to which State parties should take appropriate and effective measures to
overcome all forms of gender-based violence, whether by public or private act, and
provide effective complaints procedures and remedies, including compensation, to
victims. She contends to have provided the authorities and courts of the Netherlands
with ample information to show that women are generally not protected against
discrimination and violence in Mongolia.
5.9 The author further submits that the State party had to take into consideration that
corruption is widespread in Mongolia. She recalls that Mr. L. is a wealthy person with
strong connections to the Mongolian elite, including high-profile politicians. He told
the author that the police would not prosecute him because he had bribed them. The
author refers to the country report of 12 January 2010 by the Ministry of Foreign
Affairs of the Netherlands, which states that the public do not generally have trust in
the Mongolian legal system; that 85 per cent believe that the courts favour rich people
and big companies; that corruption remains a significant problem, including in the
legal system; and that the police are among the most corrupt. In the author ’s view, it
transpires therefrom that Mr. L. did indeed bribe the police to stop the investigation
into the case, which would render it difficult for her to seek protection from a higher
authority or upon her return to Mongolia, given that the evidence in her case would
most probably have been destroyed. The author further notes that, even if Mr. L. came
before the courts, his money and connections would protect him from conviction. She
therefore states that she was unlikely to receive protection from the Mongolian
authorities before she left the country and that it is highly unlikely that such protection
would be provided were she to return to Mongolia.
5.10 The author further challenges the State party’s argument that Mongolian
non-governmental organizations, such as the National Centre against Violence,
could provide effective protection to her. First, the obligation to provide effective
protection engages States and not private organizations. Second, non -governmental
organizations will not be in a position to offer effective protection to her because
most do not specialize in protecting victims against abuse and provide only
counselling and reintegration assistance. 30 In any event, protection from
__________________
29
30
12/16
See para. 4.9.
Reference is made to the Caritas International report (see para. 4.9 and footnote 21), according
to which the National Centre against Violence provides legal and psychological counselling to
women who have experienced violence, in particular domestic violence, and provides women
and children with sanctuary at shelters and transition houses. There is no special organization or
centre providing legal, economic and psychological services for returnees. Returnees can,
however, acquire information from several non-governmental organizations providing other
services, such as the Mongolian Gender Equality Centre (protection and reintegration assistance
to victims of human trafficking and voluntary returnees) and the Centre for Child and Women
Protection (reintegration assistance for voluntary returnees from the European Union).
14-26326
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents