Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Criminal Code, as well as copies of laws and regulations governing the execution of penal sentences (e.g. the Law on enforcement of court order, 2002, referred to by the Government in its report). Please also communicate copies of the Law on compulsory labour of alcoholics and narcotic addicted persons (2000), the Law on procedure for compulsory labour under administrative regulations (2000), the Law on legal status of military personnel and persons liable to military service (1992) and the Law on internal military service (1995), to which reference has been made in the Government’s report.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of government employees to leave their service. The Committee notes that under section 24, paragraph 1(3) of the Law on government service (1995), government employees may be relieved of their post if they submit a request to resign from the government service. However, under paragraphs 3 and 4 of the same section, a request to resign shall be submitted only upon reaching the age ceiling for discharge from government service and upon reaching retirement age, in which cases the competent authority of the relevant government body shall make a decision on this request. The Committee requests the Government to clarify whether government employees can leave their service at their own request in other situations, before reaching the age ceiling or retirement age, and what is the procedure for their resignation on this ground (e.g. whether their request can be refused by the competent authority and what could be the grounds for refusal).

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. Please supply copies of provisions governing the work of persons serving a sentence of imprisonment (such as e.g. Order No. A/14 of the Director of the General Department of the Execution of Court Sentences (2002)). Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

Article 2(2)(d). Cases of emergency. The Committee notes that, under article 19(2) of the Constitution of Mongolia, in case of a state of emergency or martial law, the human rights and freedoms defined in the Constitution and other laws shall be subject to limitation by a law. The Committee requests the Government to indicate whether any special legislation on the state of emergency has been adopted and, if so, to supply a copy. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the Government’s statement in the report concerning the existence of forced labour practices related to human trafficking, as well as the Government’s indications that the Criminal Code contains provisions (sections 111, 113, 115, 121 and 124) punishing trafficking in persons, commercial sexual exploitation and related crimes. The Committee requests the Government to provide information on the penalties imposed under these penal provisions, supplying sample copies of the relevant court decisions. Please also provide information on measures taken or envisaged to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying copies of the relevant documents (such as e.g. a national anti-trafficking action plan) and available statistics. Please indicate whether there are any other penal provisions under which proceedings concerning the illegal exaction of forced or compulsory labour might have been instituted and supply information on the penalties imposed.