Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Forced Labour Convention, 1930 (No. 29) - Mongolia (Ratification: 2005)

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures and penalties. In its previous comments, the Committee noted the enactment of the Law on Combating Human Trafficking (2012). The Committee requested the Government to provide information on the measures taken to prevent, suppress and combat trafficking in persons.

The Committee notes the Government’s indication that following the adoption of the Law on Combating Human Trafficking, the National Sub-Council on Combating Trafficking in persons was established in 2013 at the Ministry of Justice to regulate the activities on combating and preventing trafficking and provide professional guidance. The national programme on combating human trafficking was also drafted to provide a plan of action in implementing anti-trafficking activities. The draft plan of action includes issues related to prevention and combating certain forms of trafficking in persons, such as sexual exploitation and labour exploitation, as well as issues related to protection of victims. The Government also states that the Ministry of Justice is also working with Asia Foundation which provided training on trafficking in persons to several state’s agencies, such as the State Investigation Department of the National Police Agency, prosecutors, and lecturers from the Law Enforcement University. The Committee also notes that section 113.1 of the Criminal Code “sale and purchase of humans” has been referred to in a penal case, and in that case the Primary Criminal Court has given the defendants four years of imprisonment for having forced a child to work. The Committee finally notes that in 2014, out of 15 trafficking crimes, ten cases were criminalized and transferred to the court while five cases are under investigation. The Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to continue to provide information on the measures taken in this regard. The Committee also requests the Government to provide a copy of the latest plan of action adopted under the National program on combating trafficking, as well as information on the anti-trafficking activities carried out under the action plan.

2. Protection and assistance of victims. The Committee notes the Government’s indication that the Parliament passed the Law on Witness and Victim Protection in 2013 which is in force since 2014. The Law defines all forms of protection measures such as provision of personal protection to witnesses whose life and health have been damaged or may be damaged, their temporary placement in a safe shelter, and change of their appearances. The Police, Investigation Office, Takhar (Marshals) Service, Anti-Corruption Authority and the general Intelligence Agency are the bodies responsible for the implementation of protection measures. Several regulations have been issued by virtue of section 7 of the Law such as the regulations on “Changing documents of witnesses and victims”; on “Temporary placement of witnesses and victims in safe shelter as protective and security measure”, and on “providing health care assistance to witnesses and victims”. The Government further indicates that witnesses and victims who are placed in temporary safe shelter can benefit from psychological and legal assistance by the professional team of the special security unit of the Marshals Service as well as health care services and medical aid. In 2010–14, 17 victims of trafficking in persons have been placed in protection shelters, provided with legal and heath care services and their social rehabilitation work has been carried out. The Committee requests the Government to continue to take measures to provide protection and assistance, including legal assistance, to victims of trafficking. Please continue to provide information on the number of victims benefiting from these services.

Articles 1(1) and 2(1). Freedom of career members of the armed forces to leave their service. The Committee previously noted that the Law on Government Service (1995) (as amended in 2003 and 2008) is applicable to career members of the armed forces, as regards their right to leave the service. The Committee notes the Government’s indication that army officials are considered public servants, their rights are governed by the Mongolian Public Service Law and the Law on the Rights and Duties of Civil Soldiers. The Committee requests the Government to provide information on the conditions under which career members of the armed forces may leave the service, in time of peace, at their own request, indicating the number of applications to resign that have been accepted or refused.

Article 2(2)(a). Use of services exacted under compulsory military service laws. In its previous comments, the Committee requested the Government to provide information on the nature of the work carried out by conscripts under military service laws.

The Committee notes the Government’s indication that men aged between 18 and 25 must carry out military service. Law on Civil Military Services Duties and Legal Status of the Military Servicemen provides legal framework for military service, basic duties of citizen to defend the country, legal status of military servicemen and recruitment of military. Section 3 of the Law stipulates the scope of work and duties of an army official that military service is a special form of public service and consists of real military service and training.

The Committee notes however that by virtue of Resolution No. 107 of 22 March 2013, the Government has established the “Mongolian conscripts for reconstruction” project. It also notes that it is possible to engage a number of army staff, including conscripts and servicemen to work in mining, construction and infrastructure development. In this regard, the Committee recalls that, under Article 2(2)(a) of the Convention, compulsory military service is excluded from the scope of the Convention only where conscripts are assigned to work of a purely military character. The Committee also recalls that the provisions of the Convention relating to compulsory military service do not apply to career military servicemen, and the Convention consequently is not opposed to the performance of non-military work by persons serving in the armed forces on a voluntary basis.

The Committee therefore requests the Government to provide information on the application in practice of Resolution No.107 of 2013, indicating in particular how conscripts are assigned to participate in reconstruction projects, the circumstances under which they might be call upon, and the number of conscripts who participated in such projects.

Article 2(2)(c). 1. Prison labour. The Committee previously noted that under the Law on Enforcement of Court Decisions (2002), prison labour is compulsory for convicts.

The Committee notes the Government’s indication that the Law on Court Decision Enforcement requires working conditions of the prisoners to be close to those in the normal labour market pursuant to section 120. Section 121 of the same Law provides that prisoners shall be paid salary which is appropriate to the amount and quality of work done. The payment shall be transferred to the account of the prisoner directly. The Government further indicates that the Regulation Governing Labour Arrangement and Remuneration for Prison Inmates of the Chief of the General Authority for Implementing Court Decision ordinance A/32 specifies that prisoners shall receive a fixed minimum wage for part time work as reflected in the Law on Labour and they are entitled to additional payment for overtime work when they work for individuals or domestic factories. The Committee takes note of the detailed information provided by the Government regarding the types of work that is carried out by prisoners for private companies. The Committee requests the Government to continue to provide information on the work of prisoners for private companies. The Committee also requests the Government to provide in particular, copies of contracts concluded between a private enterprise and a penitentiary institution concerning the work of convicted prisoners.

2. Compulsory labour imposed as an alternative to imprisonment (sentence of community work). In its earlier comments, the Committee noted that an obligation to perform work may be imposed on a convicted person for 100–500 hours for the benefit of society, without deprivation of the person’s freedom and without remuneration under section 50 of the Criminal Law. The Committee requested the Government to indicate whether the work performed by convicted persons can be carried out for private institutions.

The Committee notes the Government’s indication that in the first five months of 2011, the capital city court imposed penalties on 62 individuals to work and the total hours of work is 18,489 hours. The Committee notes however that a copy of Decree No. 276 (2002) of the Minister of Justice and Home Affairs on community work to which the Government refers to has not been attached to the report. The Committee requests the Government to indicate the conditions under which compulsory labour as an alternative to imprisonment may be imposed on convicted persons, specifying the provisions that govern them. The Committee also requests the Government to provide information on the institutions entitled to take on persons sentenced to community work and on the types of work carried out for these institutions. Lastly, the Committee requests the Government to provide a copy of Decree No. 276 (2002) of the Minister of Justice and Home Affairs.