Home » Articles for February 2012 Year
Home » Articles for February 2012 Year
1. THE INTERNATIONAL BILL OF HUMAN RIGHT INSTRUMENTS
International Covenant on Civil and Political Rights
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty Adopted and proclaimed
Optional Protocol to the International Covenant on Civil and Political Rights Adopted and opened for signature, ratification and accession
International Covenant on Economic, Social and Cultural Rights Adopted and opened for signature, ratification and accession
Universal Declaration of Human Rights
2. THE CORE INTERNATIONAL HUMAN RIGHT
International Convention for the Protection of All Persons from Enforced Disappearance
Convention on the Rights of Persons with Disabilities
Optional protocol to the convention on the rights of the child on the sale of children, child prostitution and child pornography
Optional protocol to the convention on the rights of the child on the child on the involvement of children in armed conflict
Convention on the Rights of the Child
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
International Covenant on Economic, Social and Cultural Rights
International Convention on the Elimination of All Forms of Racial Discrimination
Optional Protocol to the International Covenant on Civil and Political Rights
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
International Covenant on Civil and Political Rights
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
1. Recommendations by the UN’s relevant committees on the implementation of the international human rights treaties
2006 Concluding observation on the implementation of ICERD
2006 Concluding observation on the implementation of CEDAW
2009 Concluding observation on the implementation of CAT
2010 Concluding observation on the implementation of ICCPR
2011 Concluding observation on the implementation of ICESCR
2010 Concluding observation on the implementation of CRC
2011 Concluding observation on the implementation of CRPD
2. Reports of Special Rapporteurs
Report of the Special Rapporteur on the right to food, Jean Ziegler – Mission to Mongolia in 2005
Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak - Mission to Mongolia in 2006
Report of the Special Rapporteur on the right to education, Vernor Muñoz Villalobos-Mission to Mongolia in 2010
A Commissioner shall issue demands and/or make recommendations during the course of exercise of his/her powers.
If a Commissioner has considered that a business entity, an organization or an official has violated human rights and freedoms, he/she shall write and deliver demands to relevant organizations in order to restore human rights and freedoms and eliminate the violations.
A Commissioner makes recommendations within his/her own competence and deliver them to relevant business entities, organizations or officials in order to eliminate reasons and conditions in case there is possibility for violations of human rights and freedoms. Business entities, organizations 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.
Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organizations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations.
The following table shows delivered demands and recommendations of the Commissioners in last six months.
Demands and recommendations |
2011.06.23 |
|
In the framework of monitoring and inquiry |
Demand(s) |
- |
Recommendation(s) |
5 |
|
Related with complaints |
Demand(s) |
9 |
Recommendation(s) |
2 |
The Commission monitors the implementation of the demands in regard with the complaints and recommendations released after examinations and inquiries and maintains registration of legal advices and complaints. Moreover, it carries out promotional activities by developing and releasing information necessary for citizens on the complaint handling procedure and by setting booklets. In January, 2011 it developed a card which is to take monitoring over complaint handling processes, and it is used in daily activities.
The following table shows demands and recommendations of the Commissioners delivered from 2008 to 2010.
Demands and recommendations |
2008 он |
2009 он |
2010 он |
|
In the framework of policy and analysis |
Demand(s) |
- |
- |
- |
Recommendation(s) |
1 |
3 |
- |
|
In the framework of monitoring and inquiry |
Demand(s) |
1 |
1 |
1 |
Recommendation(s) |
3 |
6 |
7 |
|
Related with complaints |
Demand(s) |
1 |
5 |
5 |
Recommendation(s) |
2 |
2 |
- |
According to the Article 3.1 of the Law on National Human Rights Commission of Mongolia, is an organization which monitors the implementation human rights and freedoms stated in the Constitution and other laws of Mongolia and international human rights treaties of Mongolia and protects and promotes human rights in Mongolia. Moreover, the Commission enjoys power to supervise the implementation of international human rights treaties, submit recommendations in this regard, to promote legislations and international conventions on human rights, and to conduct advocacy work supporting the ratification of or accession to international human rights treaties.
Mongolia abolishes death penalty
Mongolia abolished death penalty with the Parliament passing the Law on Ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights on 5 January, 2012.
To date, the National Human Rights Commission of Mongolia conducted a number of studies regarding the use of capital punishment individually and jointly with civil society organizations such as Amnesty International. The Commission has been advocating against death penalty through a variety of means including its annual reports on the situation of human rights and freedoms in Mongolia. It issued successive recommendations to abolish death penalty in the annual reports which also referred to the conclusions made by the UN Special Rapporteur on Torture who visited the country in 2005 and treaty body observations that advised abolition of death penalty in Mongolia.
After hearing the Commission’s annual reports, the Standing Committee on Legal Affairs of the Parliament made resolutions in 2008 and 2010 assigning the Cabinet to take actions to implement the recommendations of the Commission.
The National Human Rights Commission of Mongolia expresses its gratitude to all our partners walked shoulder-to-shoulder in advocating against death penalty and applauds the decision of the Mongolian Government to put an end to death penalty.
Since 2002, the Commission has been conducting applied research on thematic human rights issues, and includes significant findings of such researches in the Annual Human Rights Status Report. While developing its policy, the Commission also issues recommendations to relevant bodies as result of researches and studies.
The NHRCM runs the Human Rights Information Centre with more than 10000 resources including popular English language resources. The Centre serves general public and aims to encourage human rights researchers among scholars and people.
The Commission publishes quarterly journal titled “Human Rights”. Articles of human rights practitioners and scholars are published in the journal. The Journal seeks to encourage academic research on human rights.
The National Human Rights Commission of Mongolia receives and resolves complaints lodged as written in Mongolian language or verbally from citizen of Mongolian, individually or in a group, foreign citizen, stateless person residing in territory of Mongolia, NGOs, confederation of trade unions. The Commission receives and resolves 280 complaints a year in average.
Right to Lodge Complaints
Citizens of Mongolia, either individually or in a group, have the right to lodge complaints to the Commission regarding the issues of violations of human rights and freedoms guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia. Unless provided in laws and international treaties of Mongolia, foreign citizens and stateless persons who are residing in the territory of Mongolia, exercise the same right as Mongolian citizens to lodge complaints to the Commission. Complaints may be lodged by representation of lawful representatives-parents, care-takers and guardians of a person, who do not have full civil law capacity or have limited or partial capacity. It may also be lodged by representatives of a person, who are considered missing or declared as deceased.
What is a complaint?
According to the Law on Resolving Complaints from Citizens to Civil Servants and Civil Institutions, “complaint” is defined as a report of a decision or action of civil servants or government official or any other party which violates the public interest or their rights and freedoms.
What kind of complaints belongs to the NHRC?
Citizens of Mongolia, either individually or in a group, have the right to lodge complaints to the Commission regarding the issues of violations of human rights and freedoms guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia.
Who can lodge a complaint to the NHRC?
How to lodge a complaint to NHRC?
Complaint must be lodged in written form in Mongolian language or orally within one year from the date on which complainant’s rights and freedoms were violated or from the date on which he/she came to know about his/her rights of violation.
Requirements for lodging a complaint to NHRC are as follows:
Period for replying to complaints?
The Commission gives a reply within 30-60 days from the date of receipt of a complaint.