LGBT rights in Mongolia

Homosexuality was decriminalized in Mongolia in 2002.

There are a couple of known LGBT-rights organizations active in Mongolia, most notably one called "Tavilan" (meaning "destiny").

Recognition of same-sex relationships

There is no legal recognition of same-sex marriages, civil unions, or domestic partnerships. Marriage is not clearly defined by the Mongolian constitution, which reads "Marriage is based on the equality and mutual consent of the spouses who have reached the age determined by law. The State protects the interests of the family, motherhood, and the child."

Anti-discrimination protection

There is no legal protection based on sexual orientation or gender identity.

Historic and current cultural aspects of homosexuality

Under communist Mongolia, homosexuality was illegal. However, the level to which the law was enforced is unknown. Homosexuality was legalized in 2002, keeping Mongolia in place with the liberalization of other former-Soviet satellites.

As of currently, LGBT-peoples lack visibility in Mongolia. While the country does not have much homophobia, as stated by LGBT westerners traveling to the country, there is also not much of a public acknowledgment of homosexuality either. In addition, overt expression of transgenderism often gets a negative reception.

The situation may be grim now, but there are signs that things may soon improve. Activists are hailing the recent signal sent by the government concerning LGBT rights. Their optimism is rooted in the fact that, for the first time, Mongolian officials discussed LGBT issues at a Geneva meeting of the UN Human Rights Council’s first Universal Periodic Review (UPR) of the country. At the November 2, 2011 gathering, seven member states offered Ulaanbaatar recommendations for passing anti-discriminatory legislation that would enhance legal protections for sexual minorities.

Discrimination and human rights abuses against sexual minorities are widespread in Mongolia, according to the Mongolian Minorities Report that was presented at the UPR.

Prejudice against LGBT individuals is frequently fanned by local media outlets, which suffer from a lack of professionalism, activists at the LGBT Centre contend. The US Government’s 2009 Report on Human Rights in Mongolia asserted that “some media outlets described gay men and lesbians with derogatory terms and associated homosexual conduct with HIV/AIDS, pedophilia, and the corruption of youth.”

There is widespread societal and institutional discrimination against, and intolerance of, lesbian and bisexual women and transgendered persons in Mongolia which is manifested in varying forms, from ostracism and harassment to physical and sexual violence. The discrimination is endemic in the public, private and non-governmental sectors and encompasses the police and the judiciary, health services, education, the housing sector and the media.

There is a demonstrated need to practically redefine the concept of human rights in Mongolia to ensure the inclusion of the rights of sexuality minorities in light of the State-sanctioned and social marginalisation to which they are subject.

Because the LBT community has been prevented from engaging in meaningful interaction with the Government on programming and policymaking in relation to sexuality minorities as a result of the victimisation and stigmatisation they face from the State agencies, and because the LBT community has been traditionally silent and largely excluded from mainstream social discourse, the breaking down of the barriers of silence and discrimination need to be guaranteed by not only the existing broad legislations and regulations pertaining to non-discrimination, but also through the creation of new laws and legislations that ensure human rights and dignity for sexuality minorities. In essence, reform must be geared towards the mainstreaming of sexual minorities’ human rights.

The members of the Coalition of Mongolian LGBT activists believe the Government of Mongolia has acted in contravention of the spirit of CEDAW through its direct engagement in, or systematic ignoring of, exclusionary practices that deny LBT persons their enjoyment of human rights and fundamental freedoms, and has failed to provide an environment that is conducive for LBT persons to fully participate in life.

Therefore we make the following recommendations for the Government of Mongolia in relation to its obligations under CEDAW:

• In relation to Article 2a, revise the Constitution of Mongolia to include non-discrimination on the basis of sexual orientation in order to provide the basis for non-discrimination and mainstreaming of human rights in programmes, activities and national mechanisms; and specifically enact new amendments in the relevant legislations specifying recourse mechanisms if and when related abuses take place. This recommendation is consistent with Article 8 of the Universal Declaration on Human Rights, and Article 16 (14) of the Constitution of Mongolia.
• In relation to Article 2b, to review and reform criminal laws to ensure that they are consistent with international human rights obligations and are not targeted against vulnerable groups.

• In relation to Article 2c, to enact anti-discrimination and other protective laws that protect sexuality minorities in both the public and private sectors, ensure privacy and confidentiality, emphasise education and conciliation, and provide for speedy and effective administrative and civil remedies.
• In relation to Article 2d, regularly conduct human rights and civil rights trainings for police on the rights of sexuality minorities, and conduct trainings and seminars on international human rights standards for the judiciary and lawyers in view of implementing the right to seek recourse through judicial structures if the rights and
• liberties of sexuality minorities that are guaranteed by international law are infringed upon either by individuals or by the State.
• In relation to Articles 2d and 2e, guarantee non-discrimination based on sexual orientation in the workplace, including both private and public institutions, and ensure that the government and the private sector develop codes of conduct regarding sexuality minorities that translate human rights principles into codes of professional responsibility and practice, with accompanying mechanisms to implement and enforce these codes.
• In relation to Articles 2d and 2e, make concerted efforts towards the guarantee, protection and implementation of human rights in accordance with Article 10 (2) of the Constitution of Mongolia, “Mongolia shall fulfil in good faith its obligations under international treaties to which it is a party”, and Article 10 (3) of the Constitution of Mongolia, “the international treaties to which Mongolia is a party shall become effective as domestic legislation upon the entry into force of the laws or on their ratification or accession”.
• In relation to Article 5a, in collaboration with and through the community, promote a supportive and enabling environment for sexuality minorities by addressing underlying prejudices and inequalities through community dialogue and specially designed social services and support for sexuality minorities.
• In relation to Article 5a, promote the widespread and ongoing distribution of creative education, training and media programmes explicitly designed to change attitudes of discrimination and stigmatisation against sexuality minorities to understanding and acceptance.
• In relation to Article 10c, revise education materials to reflect a diverse and non-heteronormative view of Mongolian society to ensure greater understanding and acceptance of LBT persons.
• In relation to Article 10c, reflect legal and social issues pertaining to sexuality minorities’ human rights in the education and research curricula based on domestic and international developments and literature and studies.
• In relation to Article 12.1, provide ongoing training for healthcare providers on the health issues, both physical and psychological, that pertain to sexuality minorities.
• In relation to Article 12.1, provide counselling services specifically for LBT persons.
• In relation to General Recommendation 19, ensure through legislation equal protection for LBT persons who are victims of sexual violence.
• In relation to General Recommendation 19, provide training for the legal and health sectors on the prevalence of sexual violence against LBT persons and their obligation to uphold non-discriminatory and inclusive practices, including the preservation of dignity and confidentiality, in their dealings with LBT sexual-abuse victims.

About the Coalition of LGBT Rights Activists

The Coalition of LGBT Rights Activists is an informal network of concerned people from civil-society organisations and the public who are committed to raising awareness of sexuality minorities, facilitating legislative change to protect the rights of lesbian, gay, bisexual and transgendered (LGBT) people, and ending the widespread social and institutional discrimination and persecution of the LGBT community in Mongolia.

Preparation of the Report

The evidence of discrimination against lesbian and bisexual women and transgendered persons (henceforth referred to as LBT persons) in Mongolia presented in this report is largely anecdotal. Because of the institutionalisation of the intolerance and discrimination against LBT persons (all levels of government, police, the legal and health sectors and the media) and the reality that there is very little, if any, likelihood of legal recourse, LBT persons in the main do not report incidences of discrimination or violence for the very real fear of secondary victimisation, predominantly from the police. The retributive violence of the police is supported by anecdotal evidence and is a very real fear for the LBT community. Hence there is nothing in the way of comprehensive documented evidence to support the negative experiences of Mongolia’s LBT persons, and thus most evidence is anecdotal, as told to other members of the LBT community and as reported to organisations like the now-defunct Mongolian Lesbian Information Centre. Indeed, it could be argued that the lack of such documentation itself points to the extent of the violence and social intolerance towards LBT persons, whereby the victims themselves are unable to report crimes against them as they are unwilling to disclose the grounds on which they were attacked.

The report/research methodology is qualitative, based on one-on-one interviews with LBT community members, representatives of women’s and human rights non-governmental organisations and literature review. Interviews with members of the LBT community were conducted on the basis of strict confidentiality, with participants agreeing to speak only if their identities were not revealed.