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11Th REPORT on HUMAN RIGHTS and FREEDOMS in MONGOLIA

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11Th REPORT on HUMAN RIGHTS and FREEDOMS in MONGOLIA NATIONAL HUMAN RIGHTS COMMISSION OF MONGOLIA 11th REPORT ON HUMAN RIGHTS AND FREEDOMS IN MONGOLIA Ulaanbaatar 2012 CONTENTS INTRODUCTION 4 CHAPTER ONE PENAL INSTITUTIONS AND HUMAN RIGHTS 6 CHAPTER TWO SOME ISSUES RELATED TO THE RIGHT TO WORK 48 CHAPTER THREE MINING AND HUMAN RIGHTS 72 CHAPTER FOUR ISSUES RELATED TO THE RIGHT TO PROTECTION OF HEALTH 84 RECOMMENDATIONS 101 ANNEX TO 11th REPORT ON HUMAN RIGHTS AND FREEDOMS IN MONGOLIA 102 RESOLUTION BY THE STANDING COMMITTEE OF THE STATE GREAT KHURAL 109 3 INTRODUCTION Exploitation of major mineral deposits and substantial increase in the mining production has resulted in the boost of Mongolia’s The National Human Rights Commission (NHRC) considered social and economic development On the other hand, air and th the 11 report on human rights and freedoms in Mongolia at its water pollution, soil erosion resultant from mining exploration, meeting of 6 April 2012 and duly submitted it to the State Great soil removal, mining and transportation are negatively affecting Khural (Parliament) citizen’s rights to life, to live in a safe and healthy environment, to This report has been developed on the basis of examination protect their health and other fundamental rights guaranteed by the and research conducted by the NHRC, statistics, information and Constitution of Mongolia The State needs to honor its obligation to reports gathered from relevant organizations in follow-up to its its citizen to create the necessary conditions, including economic, recommendations, inputs from civil society organizations, media social and legal environment conducive to the full enjoyment reports and complaints from citizen of human rights and fundamental freedoms, to fight against all violations of human rights and freedoms, and to restore and protect The report aims at addressing the following critical issues the infringed rights requiring an urgent attention and action With a view to diminishing, to the extent possible, the The first part of the report covers activities taken in suffering of patients dying from cancer and other incurable diseases, implementation of the concluding observations of the United Nations and taking into account the urgent need to develop a new policy Committee Against Torture following the consideration of the initial regarding the mentally disabled people these issues have also been report of Mongolia on the implementation of the Convention Against covered in the report Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment at its 45th session (2010), as well as the research results Pursuant to the provision 13 1 of the Article 13 of the Law on conducted in relation to revealing, putting an end to and preventing the National Human Rights Commission the 6 recommendations are human rights violations in prisons and detention facilities affiliated being submitted to the State Great Khural for its consideration and with the General Department for Court Decision Enforcement, action and local detention centers, and issues related to labor rights of detention facilities’ employees, especially female employees, and its enforcement, improving their working condition and safety Since unemployment and poverty in Mongolia has not seen a substantial decrease yet, the issues related to labor rights of employees in both public and private sectors, particularly their rights to join unions with a view to defending their interests, to be ensured a secure employment and to be entitled to a fair remuneration have become imperative Therefore, some conclusions were made related to the right to work 4 5 CHAPTER ONE was under the jurisdiction of acts adopted by government institutions PENAL INSTITUTIONS AND HUMAN RIGHTS until 1931 The need for legislations to systematically regulate penal institutions cropped up, so therefore the “Mongolian People’s Right to personal liberty and safety. …No person shall be Republic Law on the Rehabilitation of Suspected and Accused subjected to torture, inhuman, cruel or degrading treatment… Persons” was enacted in 1931 with 15 Chapters and 126 Articles In (Article 16 13 Constitution of Mongolia) 1966, the “Mongolian People’s Republic Rehabilitation Labor Law” was adopted and further amended in 1981 All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human With the adoption of the new Constitution in 1992, Mongolia person. also enacted the “Law on Penal Institutions and Imprisonment” in 1993, “Law on Court Decision Enforcement Institution” in 1994, (International Covenant on Civil and Political Rights, and the “Law on the Implementation of Criminal Punishments other Article 10 1) than Imprisonment” in 1995 Because punishments of criminal As reforms in the social and political sphere of Mongolia offences as codified in the Criminal Code were being regulated by take place, the structure and functions of the judicial institutions of three different laws, the “Law on Court Decision Enforcement” was Mongolia are expanding and becoming more and more multifaceted adopted in 1996, so that court decisions could be implemented in an In addition, the Government has continually adopted provisions integrated manner regarding the developments in the structure and function of penal The Judicial Reform Program in Mongolia implemented by institutions the State Great Khural in 1998 made amendments to the Criminal Court decision enforcement institution is a body to implement Code, Criminal Procedure Code, Civil Code, Law on Decision decisions of the judicial authority and to assist the judicial power of Civil Cases in the Court, Law on the Courts, and Law on the system in acting on behalf of the state The court enforcement Prosecutors Office. At the same time, so that laws are consistent with authority implements a final court decision convicting a person of a each other, the Law on Court Decision Enforcement was also drafted crime and carries out enforcement of a punishment and adopted by the State Great Khural on 8 January 2002 The operation of court decision enforcement institution is Article 2 of Law on Court Decision Enforcement1 stipulates regulated by the Constitution, Law on Civil Service, Law on Court that, “Legislations on Court Decision Enforcement shall consist Decision Enforcement, Law on the Pensions and Benefits for Military of the Constitution, this law, and other acts pursuant to this law If Personnel, Law on the Enforcement of Decisions to Arrest and Detain stipulated otherwise in international treaties, Mongolia shall abide by Suspects and the Accused, Regulations Concerning Forced Treatment rules and regulations of the international treaties it is a party to ” This and Labor of Persons Addicted to Alcohol and Substances, and the indicates that court decision enforcement institutions are obligated to rules and regulations decreed by the President, the Civil Service comply with international principles and standards Council, the Minister for Justice and Home Affairs and the Director of Since 1961, Mongolia has committed itself to a number General Department for Court Decision Enforcement United Nations conventions and resolutions to uphold human Court decision execution institution was first established on rights, especially conventions guaranteeing the rights of persons 10 July 1921 under the Ministry of Justice as “Prison branch”, and 1 Approved by the State Great Kkhural on 10 January 2002 6 7 with limited freedom However, these resolutions aren’t always or punishment of prisoners, and requires Governments to take implemented Therefore, studies on the performance of court care when dealing with prisoners since they are considered as decision enforcement institutions, the implementation of the rights a “vulnerable group” due to their loss of liberty Also, the UN of persons with limited freedoms, and the implementation of the resolutions such as the International Covenant on Civil and rights of personnel have been conducted with the purpose to make Political Rights and The Tokyo Rules specifically state that, “Pre- evaluations and recommendations Based on information, monitoring trial detention shall be used as a means of last resort in criminal and research documents, conclusions have been made on the current proceedings, with due regard for the investigation of the alleged situation and the implementation of relevant international and offence and for the protection of society and the victim ” national rules and legislations Standard Minimum Rules for the Treatment of Prisoners state, “…All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of INTERNATIONAL AGREEMENTS ON THE RIGHTS OF health, due regard being paid to climatic conditions and particularly PRISONERS AND NATIONAL LEGISLATIONS to cubic content of air, minimum floor space, lighting, heating and International Agreements on the Rights of Prisoners ventilation3; The windows shall be large enough to enable the A country’s strict compliance with international agreements, prisoners to read or work by natural light, and shall be so constructed conventions, and national legislations on upholding human rights that they can allow the entrance of fresh air whether or not there is 4 during investigation, interrogation, and sentencing of criminal cases artificial ventilation ; Placing metal shutters in front of cell windows of any person is an important indication for that country’s human prevents natural light and ventilation from coming into the cells rights situation
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