THE NATIONAL HUMAN RIGHTS COMMISSION OF MONGOLIA ACT
LAW OF MONGOLIA 7 December 2000, Ulaanbaatar city
CHAPTER ONE GENERAL PROVISIONS
Article 1. Purpose of the Law
1.1. The purpose of this Law shall be to determine legal basis and operational
principles of, and to regulate the relations arising out of the exercise of powers
by the National Human Rights Commission of Mongolia (hereinafter referred to
as 'the Commission').
Article 2. Legislation on the Commission
2.1. Legislation on the Commission shall consist of the Constitution of Mongolia
1 ,
this Law and other legislative acts enacted in conformity with them.
2.2. If an international treaty to which Mongolia is a State Party (the international
treaties of Mongolia) provides otherwise than this Law, the provisions of that
international treaty shall prevail.
Article 3. The Commission and its Operational Principles
3.1. The Commission is an institution mandated with the promotion and protection
of human rights and charged with monitoring over the implementation of the provisions
on human rights and freedoms, provided in the Constitution of Mongolia, laws
and international treaties of Mongolia.
3.2. The Commission shall consist of 3 (three) members (Commissioners).
3.3. The Commission shall adhere in its operations to the principles of the rule
of law, independence, protection of human rights, freedoms and legitimate interests,
justice and transparency.
3.4. It shall be prohibited for any business entity, organisation, official or
individual person to influence and/or interfere with the activities of the Commission
and its Members.
CHAPTER TWO
APPOINTMENT AND RELEASE OF COMMISSIONERS,
SUSPENSION OF THEIR POWERS AND DISMISSAL
Article 4. Candidates for Commissioners
4.1. A candidate for Commissioners shall be a Mongolian citizen of high legal
and political qualification, with appropriate knowledge and experience in human
rights, with a clean criminal record and who has reached the age of 35 (thirty-five).
Article 5. Nomination of Candidates for and Appointment of Commissioners
5.1. The Speaker of the State Great Hural (Parliament) shall nominate names for
candidates for Commissioners to the State Great Hural on the basis of respective
proposals by the President, the Parliamentary Standing Committee on Legal Affairs
and the Supreme Court.
5.2. If the State Great Hural declines to appoint a candidate as a Commissioner,
then the Speaker of the State Great Hural shall submit the name of another person
within 14 (fourteen) days in accordance with procedure provided in Art 5.1.
5.3. A name of the same person shall not be nominated again.
5.4. The State Great Hural shall consider and decide on this issue within 30
(thirty) days from the date of submission of the names for candidates.
5.5. In case any of Commissioners has been released, resigned from his/her official
position or deceased before the expiry of the term of his/her office, the Great
State Hural shall appoint replacement for that Commissioner within 60 (sixty)
days from that date in accordance with this Law.
5.6. A Chief Commissioner shall be appointed for a term of 3 (three) years from
among Commissioners by the State Great Hural, based on the proposal by the Speaker
of the State Great Hural.
5.7. Commissioners shall not hold any job or office concurrently other than that
mandated by this Law, except that of engaging in training and research. If any
of Commissioners has been holding another job or office before his/her appointment,
then he/she shall be released from that job or office from the day on which he/she
has taken an oath of office.
Article 6. Term of Office of Commissioners
6.1. A single term of office for Commissioners shall be 6 (six) years.
6.2. Powers of Commissioners shall start by taking an oath of office to the Constitution
of Mongolia, and shall end by the swearing in of the newly appointed Commissioners.
6.3. Commissioners may be re-appointed only once.
Article 7. Swearing in of the Members of Commission
7.1. Commissioners shall take an oath of office to the Constitution of Mongolia
within 30 (thirty) days from the date of appointment by swearing in: 'I do swear
to observe faithfully the Constitution of Mongolia, and to fulfil dutifully my
obligations to promote and protect the human rights and freedoms, which are guaranteed
in the laws and international treaties of Mongolia.'
7.2. The Speaker of the State Great Hural shall approve the procedure for ceremony
of taking an oath by Commissioners.
Article 8. Release and Suspension from the Office, and Dismissal of Commissioners
| 8.1. |
The State Great Hural shall release a Commissioner from his/her office in
the following cases:
8.1.1. A Commissioner has been nominated as a candidate for the President of
Mongolia, or for the Member of the State Great Hural;
8.1.2. A Commissioner has been appointed or elected to another official position;
8.1.3. A Commissioner has requested on his/her own because he/she becomes unable
to exercise his/her powers due to health conditions or for any other excusable
reasons. |
8.2. The State Great Hural shall discuss and make a decision within 14 (fourteen)
days from the date of receipt of a proposal and decision from the competent authority
on whether to suspend his/her powers, if a Commissioner has been implicated in
the crime, as well as has been arrested as provided in Art 23.1. of this Law.
8.3. The State Great Hural shall restore his/her powers and adopt a resolution
to that effect, on the basis of a decision by the competent authority or official,
which has established that a Commissioner has not been implicated in the crime
or not guilty of committing it.
8.4. The State Great Hural shall dismiss him/her from the office and adopt a
resolution to that effect, if a crime, which has been proved to be committed
by a Commissioner, and a final binding judgement to that effect by the Court
has come into force.
CHAPTER THREE
COMPLAINTS LODGING TO THE COMMISSION
Article 9. Right to Lodge Complaints
9.1. Citizens of Mongolia, either individually or in a group, shall have the
right to lodge complaints to the Commission in accordance with this Law, in case
of violations of human rights and freedoms, guaranteed in the Constitution of
Mongolia, laws and international treaties of Mongolia, by business entities,
organisations, officials or individual persons.
9.2. Unless otherwise provided in laws and international treaties of Mongolia,
foreign citizens and/or stateless persons who are residing in the territory of
Mongolia, shall exercise the same right to lodge complaints to the Commission
on equal footing as the citizens of Mongolia.
9.3. Complaints may be lodged in by representation of lawful representatives-parents,
care-takers and/or guardians for the persons, who do not have full civil law
capacity or have some limited or partial capacity, as well as by representatives
provided under the law for the persons, who are considered missing or declared
as deceased.
9.4. Non-governmental organisations and trade union organisations shall exercise
equally the right provided in Art 9.1. and lodge complaints through their representatives.
9.5. Representatives provided in Art 9.3 and Art 9.4 shall have a document of
proof for their own representation powers.
Article 10. Form of Lodging Complaints
10.1. Complaints shall be lodged in writing in Mongolian language or verbally
in person. Persons, who do not know Mongolian language, may lodge complaints
in their mother tongue and their complaints must be translated into Mongolian
language and duly certified in accordance with procedure provided for it.
Article 11. Requirements for Complaints
| 11.1. |
Complaints shall reflect the following items:
11.1.1. A Complainant must have had his/her complaint decided through an administrative
process;
11.1.2. A Complainant must indicate, which rights and freedoms guaranteed in
the Constitution of Mongolia, laws and international treaties of Mongolia, have
been violated;
11.1.3. The Complainant must write his/her own name, residential or postal address,
and has signed it;
11.1.4. The Complainant must attach the name, address, phone-number and other
related documents of the business entity, organisation, official or individual
person who is implicated in the complaint; |
11.2. Commissioners shall not receive complaints about criminal and civil cases
and/or disputes, which are at the stage of registration/inquiry of cases, investigation
and/or on trial or have been already decided.
Article 12. Period for Receiving and Replying to Complaints
12.1. A Complainant shall lodge a complaint within 1 (one) year from the date
on which his/her rights and freedoms were violated or from the date on which
he/she came to know about such violation.
12.2. The Commission shall not accept any complaint without a name or address
on it.
12.3. The Commission shall give a reply within 30 (thirty) days from the date
of receipt of a complaint, and if there is need for additional research and inquiry
required, the Chief Commissioner may extend it up to 60 (sixty) days.
CHAPTER FOUR
POWERS OF THE COMMISSION AND ITS MEMBERS
Article 13. Powers of the Commission
| 13.1. |
The Commission shall exercise the following powers:
13.1.1. To put forward proposals on any human rights-related issues;
13.1.2. To put forward recommendations and/or proposals on whether laws or administrative
decisions are in conformity with the key human rights principles;
13.1.3. To put forward proposals on the implementation of international human
rights treaties and/or drafting of Government reports thereon; |
| 13.2. |
The Commission shall carry out the following activities within its powers:
13.2.1. To conduct research on human rights issues and provide necessary information;
13.2.2. To collaborate with the international, regional and other national human
rights institutions;
13.2.3. To produce reports on the human rights situation in Mongolia;
13.2.4. To increase public awareness about the laws and/or international treaties
relating to human rights;
13.2.5. To promote human rights education activities;
13.2.6. To encourage ratification of and/or accession to the international human
rights treaties. |
Article 14. Powers of the Chairperson of the Commission
| 14.1. |
A Chief Commissioner shall exercise the following powers.
14.1.1. To represent the Commission in domestic and/or foreign relations;
14.1.2. To appoint and/or release the Director of the Staff;
14.1.3. To deal with internal organisational matters of the Commission; |
Article 15. Powers of Commissioners with respect to the acceptance of
Complaints
| 15.1. |
Commissioners shall exercise the following powers with respect to the acceptance
of complaints:
15.1.1. To accept and examine complaints;
15.1.2. To refuse to accept the complaints which do not meet the requirements
provided in Art 11 of this Law;
15.1.3. To transfer complaints with respect to criminal and/ or civil cases and
disputes to relevant authorities or officials according to their jurisdiction;
15.1.4. To explain to the Complainant what rights and duties he/she has with
regard to the restoration of violated rights. |
Article 16. Powers of Commissioners with respect to Inquiry of Complaints
| 16.1. |
Commissioners shall exercise the following powers during the course of inquiry
into complaints:
16.1.1. To take explanations in writing from the Complainant and relevant business
entities, organisations, officials or individual persons and take explanations
orally and take notes thereon if the Complainant is illiterate;
16.1.2. To summon the Complainant and relevant persons;
16.1.3. To have unrestricted access to any business entity or organisation and
to participate in their meetings and conferences, and to meet in person with
the relevant officials;
16.1.4. To obtain without any charge the necessary evidence, official documents
and information from organisations and/or officials, and to get acquainted with
them on the spot;
16.1.5. To appoint experts from the appropriate organisations in a case of necessity
for the specialised knowledge, and to get their expert-opinions;
16.1.6. To transfer a complaint to the relevant authorities or officials according
to their jurisdiction, if it is considered that this complaint has a nature of
criminal or civil case during the course of examination;
16.1.7. To conduct alone an inquiry into the activities of business entities,
organisations or officials, or jointly on the basis of a proposal by the competent
State authority and their officials;
16.1.8. To access the confidential data/secrets of the State, organisation or
individual person in accordance with procedure established by the relevant law,
if Commissioners considers it necessary during the course of exercise of his/her
powers; |
16.2. Commissioners shall keep in good faith the confidential data/secrets of
the State, organisation or individual person, which he/she came to know about
during the course of conducting the official business or which has been informed
to him/her in trust.
Article 17. Powers of Commissioners in respect of Decision-making on
Complaints
| 17.1. |
Commissioners shall exercise the following powers with respect to making
a decision on complaints:
17.1.1. To submit claims to the Courts with regard to issues of violations of
human rights and freedoms by business entities, organisations, officials or individual
persons to participate in person or through a representative in judicial proceedings
in accordance with procedure established by the law;
17.1.2. To put forward requests to the competent authorities or officials with
regard to imposing administrative sanctions on officials who, as he/she considers,
have violated human rights and freedoms;
17.1.3. To demand organisations or officials to stop activities which violate
human rights and freedoms, or which create conditions for such violations;
17.1.4. To decide the issues by way of conciliation of the parties.
17.1.5. To return a complaint to the Complainant if he/she considers it to be
without grounds. |
17.2. Claims lodged under Art 17.1.1 shall be exempted from court expenses.
17.3. Commissioners shall have an obligation to inform the Complainant with regard
to results of his/her complaint examination activities.
Article 18. Other Powers of Commissioners with respect to Fulfilling
of Human Rights and Freedoms
18.1. Commissioners may participate in the advisory capacity in sessions of the
State Great Hural or in meetings of the Government Cabinet at the request of
the Speaker of the State Great Hural or the Prime Minister.
18.2. Commissioners may conduct inquiries at his/her own initiative on the basis
of information with regard to violations of human rights and freedoms or at the
request of business entities, organisations or officials.
18.3. Commissioners shall get acquainted with the decisions concerning civil
and criminal cases as well as have access to the documents which rejected instituting
a case or the cases which have been dropped, with a view to conducting human
rights research.
18.4. Commissioners shall refer to the officials or authorities with law-initiating
competence his/her proposals with regard to improving the legislation connected
with fulfilling human rights and freedoms.
18.5. Commissioners shall provide advice on human rights issues at the request
of State authorities.
Article 19. Demands and Recommendations of Commissioners
19.1. Commissioners shall issue demands and/or make recommendations during the
course of exercise of his/her powers.
19.2. Commissioners shall write and deliver demands to relevant organisations
in order to restore human rights and freedoms and eliminate the violations if
he/she has considered that business entity, organisation or official has violated
human rights and freedoms.
19.3. Commissioners shall make recommendations within his/her own competence
and deliver them to relevant business entities, organisations or officials in
order to eliminate reasons and conditions in case there is possibility for violations
of human rights and freedoms.
19.4. Business entities, organisations or officials shall inform in writing with
regard to measures undertaken within 1 (one) week if they have received demands,
and within 30 (thirty) days if they have received recommendations from Commissioners.
19.5. Commissioners may approach the Court, according to the procedure established
by law, with regard to the business entities, organisations or officials which
have refused to undertake relevant measures as provided under his/her demands
and/or recommendations.
19.6. Commissioners shall have a right to publish and report his/her issued demands
or recommendations through the mass media.
Article 20. Report of the Commission
20.1. The Commission shall submit to the State Great Hural a report on the human
rights situation in Mongolia within the 1st (first) quarter of every year.
20.2. Report of the Commission shall be published in the 'State Gazette'.
CHAPTER FIVE
GUARANTEES FOR THE POWERS OF COMMISSIONE
Article 21. Political Guarantees
21.1. It shall be prohibited for the Commission and its Secretariat to conduct
political activities. Commissioners shall suspend his/her political party membership
during the period of his/her term of office.
21.2. Commissioners shall treat respectfully his/her official position in exercising
his/her freedom of thought, opinion and expression, of speech and press, of conscience
and religious belief.
Article 22. Economic and Social Guarantees
22.1. Expenses for the activities of Commissioners shall be financed from the
State Consolidated Budget, and the State shall provide economic guarantees for
carrying out his/her activities.
22.2. The State Great Hural shall approve and reflect specifically the budget
of the Commission in the State Consolidated Budget on the basis of a latter's
proposal, and this budget shall fulfil the requirements for the independent conduct
of its activities.
22.3. Commissioners shall receive a salary equal to that of the Member of the
Government Cabinet.
22.4. In case the term of office of Commissioners has expired, or he/she has
been relieved from the office because of the health condition or for any other
excusable reasons, Commissioners shall be provided with the allowance for period
of up to 6 (six) months, which is not less than the salary level when he/she
was Commissioners, until he/she gets transferred to another job or official position
in line with his/her profession or expertise, or get employed in different job
without scaling down the salary, and if he/she is employed in job with lesser
salary, then he/she shall be provided with the difference of that salary during
the same period.
Article 23. Legal Guarantees
23.1. If Commissioners has been arrested in a criminal act or on the site of
crime with all implicating evidence, it shall be reported by the relevant official
to the Chairperson of the State Great Hural within the following 24 (twenty four)
hours. In all other cases it shall be prohibited to detain, imprison or impose
administrative sanctions by way of a judicial process on Commissioners, and to
conduct the search of his/her home, office room and body.
23.2. Unless otherwise provided by the law, it shall be prohibited to release
and/or dismiss Commissioners as well as to transfer him/her to another job or
official position without his/her consent.
23.3. It shall be prohibited to divulge the confidentiality of correspondence
related to the exercise of powers by Commissioners.
23.4. Business entities, organisations and their officials and citizens shall
have obligations to render all kinds of assistance to Commissioners in exercise
of his/her powers.
CHAPTER SIX
MISCELLANEOUS
Article 24. Work Organisation of the Commission
24.1. The Commission shall have a Secretariat. The Commission shall approve the
by-laws of its Secretariat, and shall establish the posts and salary fund within
the budget limits approved by the State Great Hural.
24.2. Staff of the Commission shall be civil administrative servants.
24.3. The Commission may establish ex-officio boards, which consist of the representatives
of advocates' association, confederation of trade unions and/or human rights
non-governmental organisations, to be assisted in conducting its activities.
24.4. The Commission may have research conducted by research organisations or
non-governmental organisations on the issues, which are considered as required.
Article 25. Seal, Stamp and Official Blank Paper of the Commission
25. The Commission shall use a seal, stamp and official blank paper with the
State Coat of Arms, made according to the regulation established.
Article 26. Liability for Violation of the Law on the Commission
| 26.1. |
The Court shall impose the following administrative sanctions on the persons
who has violated this Law:
26.1.1. A citizen who has violated Art 3.4 of this Law shall be liable to a fine
of Tg 5,000-40,000, an official to Tg 10,000-50,000, and a business entity or
organisation to Tg 50,000-150,000 (Tugrug is national currency);
26.1.2. A citizen who has violated Art 19.4 and Art 23.4 of this Law shall be
liable to a fine to Tg 10,000-50,000, an official to Tg 20,000-60,000 and a business
entity or organisation to Tg 30,000-250,000. |
SPEAKER OF THE STATE GREAT HURAL L.
ENEBISH
Note :
1. The Constitution of Mongolia was published in the issue # 1of 1992 of the 'State Gazette'.
