Besides receiving and resolving complaints regarding violation of human rights and freedoms, the Commission also gives citizens legal advice in free of charge. 

 

 

Conciliation is a process of reaching an agreement with the assistance of a third party and mutual discussion to resolve a dispute between parties.  What is the main purpose of conciliation? Conciliator is to help the parties to successfully settle the dispute arising between them and in the final result, it is important that parties reach a peaceful settlement. Furthermore, if conciliation fails, the right to claim /sue/ to the court will be open to both parties in dispute. 

Advantages of conciliation process:

 

• Less cost
• straightway-prompt 
• easy to use
• closed to other parties
• no need of advocate assistance 
• an opportunity to keep previous relations between the participants 
• an opportunity to control all the procedures 
• an opportunity to settle in flexible ways

 

 

 

№	Name of the Project	Duration	Financer
1.	“Improving the capacity of the NHRCM”	2001-2006	UNDP jointly with OHCHR
2.	Human rights education	2003-2004	Canada fund
3.	Tsaatan/Reindeerherders	2003-2004	OHCHR of UN
4.	Right to labour situation in the some mining sector	2003-2004	Asia-Pacific Section of ILO
5.	Legal Assisstance in free of charge	2004-2006	Embassy of UKGBNI
6.	Election monitoring	2004	Canada fund
7.	Tsaatan-21	2004-2005	Canada fund
8.	Human rights education in Secondary schools	2004-2005	UNESCO and NHRCM
9.	Supporting the implementation of women’s rights	2004-2007
10.	Torture and human rights	2005-2006	Canada fund and NHRCM
11.	Rights to join and establich trade union	2005-2006	International Labour Organizations
12.	Supporting persons with disabilities	2008	AIFO
13.	Making assessment on whether the National legislation of Mongolia meets with International treaties and conventions	2008	Millennium Development Challenge Foundation
14.	Survey on worst forms of child labour	2007-2008	IPEC
15.	Disbaled people’s rights to education and labour	2009	Mercy Corps
16.	Disseminating information to the public on the rights of people with disabilities	2009-2010	AIFO

 

 

 

The NHRCM receives and handles complaints which citizens of Mongolia, individually or in a group and personally or in written form or by e-mail, and foreign nationals, stateless persons, non-governmental organizations, trade unions through their representatives may lodge to the Commission in case of violations of human rights and freedoms. 

POWERS OF COMMISSIONERS WITH RESPECT TO THE ACCEPTANCE OF COMPLAINTS

Commissioners exercise the following powers with respect to the acceptance of complaints: 

1. To accept and examine complaints;

2. To refuse to accept the complaints, which do not meet the requirements;

3. To transfer complaints with respect to criminal and civil cases and disputes to relevant authorities or official according to their jurisdiction;

4.To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights.

POWERS OF COMMISSIONERS WITH RESPECT TO INQUIRY OF COMPLAINT

Commissioners exercise the following powers during the course of inquiry:

1. To take explanations in writing from the Complainant and relevant business entities, organizations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate’

2. To summon the Complainant and relevant persons;

3. To have unrestricted access to any business entity or organization and to participate in their meetings and conferences, and to meet in person with the relevant officials;

4. To obtain without any charge the necessary evidence, official documents and information from organizations and/or officials, and to get acquainted with them on the spot;

5. To appoint experts from the appropriate organizations in a case of necessity for the specialized knowledge, and to get their expert-opinions;

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;

7. To conduct alone an inquiry into the activities of business entities, organizations or officials, or jointly in the basis of a proposal by the competent State authority and their officials;

8. To access the confidential date/secrets of the State, organization 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;

Commissioners must keep the confidential date/secrets of the State in good faith, as well as the organization 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.

 

POWERS OF COMMISSIONERS IN RESPECT OF DECISION-MAKING ON COMPLAINTS

Commissioners exercise the following powers with respect to making a decision:

1. To submit claims to the Courts with regard to issues of violations of human rights and freedoms by business entities, organizations, officials or individual person to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law;

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;

3. To demand organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations;

4. To decide the issues by way of conciliation of the parties;

5. To return a complaint to the Complainant if he/she considers it to be without grounds.

 

 

 

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The NHRCM receives and handles complaints which citizens of Mongolia, individually or in a group and personally or in written form or by e-mail, and foreign nationals, stateless persons, non-governmental organizations, trade unions through their representatives may lodge to the Commission in case of violations of human rights and freedoms. 

POWERS OF COMMISSIONERS WITH RESPECT TO THE ACCEPTANCE OF COMPLAINTS

Commissioners exercise the following powers with respect to the acceptance of complaints:

1.    To accept and examine complaints;

2.    To refuse to accept the complaints, which do not meet the requirements;

3.    To transfer complaints with respect to criminal and civil cases and disputes to relevant authorities or official according to their jurisdiction;

4.    To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights.

POWERS OF COMMISSIONERS WITH RESPECT TO INQUIRY OF COMPLAINTS

 Commissioners exercise the following powers during the course of inquiry:

1.   To take explanations in writing from the Complainant and relevant business entities, organizations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate’

2.   To summon the Complainant and relevant persons;

3.   To have unrestricted access to any business entity or organization and to participate in their meetings and conferences, and to meet in person with the relevant officials;

4.   To obtain without any charge the necessary evidence, official documents and information from organizations and/or officials, and to get acquainted with them on the spot;

5.  To appoint experts from the appropriate organizations in a case of necessity for the specialized knowledge, and to get their expert-opinions;

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;

7.   To conduct alone an inquiry into the activities of business entities, organizations or officials, or jointly in the basis of a proposal by the competent State authority and their officials;

8. To access the confidential date/secrets of the State, organization 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;

Commissioners must keep the confidential date/secrets of the State in good faith, as well as the organization 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.

 

POWERS OF COMMISSIONERS IN RESPECT OF DECISION-MAKING ON COMPLAINTS

Commissioners exercise the following powers with respect to making a decision:

1.   To submit claims to the Courts with regard to issues of violations of human rights and freedoms by business entities, organizations, officials or individual person to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law;

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;

3.   To demand organizations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations;

4.    To decide the issues by way of conciliation of the parties;

5.    To return a complaint to the Complainant if he/she considers it to be without grounds.

 

 

 

 

The Commission has been conducting “Human rights open day” activity in order to promote implementation of standards, policies and decisions regarding human rights standards since 2002 to reach rural areas without its representative office, since May 2002.  It was organized in Bayanhongor aimag for the first time and became a regular activity of the organization.

Following activities are organized during the “Human rights open day”:

1. Raise the awareness of given aimag or soum’s public officials regarding government policy and protection of human rights in local area;

2. Monitor activities of jails, detention centers and military bases.

3. Increase awareness of population regarding human rights and get their feed back;

4. Receive complaints from citizens regarding human right violations and provide legal counseling;

5. Review actions of aimag and soum governors whether their decisions have violated the human rights;

6. Organize human right trainings for the local public officers;

7. Increase public awareness through local media of the activities of Human right’s committee 

During 2002-2009, Commission has conducted “ Human rights open day” activity for 45 times in average for 2-3 times in all 21 aimags and or 1-2 times in 80 soums through Mongolia which involved over 4500 people of 664 organizations for more than 700 hours human rights training.

 

 

In order to promote human rights, to raise public awareness, and to provide relevant information, National Human Rights Commission of Mongolia conducts promotion activities as follows:

•   To release human rights related information through media frequently,
•   To renew the web site of the Commission (www.mn-nhrc.org),
•   To release the issues of the magazine “Human rights,”
•   To release leaflets, booklets, and books on the specific human rights issues,
•   To run activities based on the public participations(photo exhibitions, public lectures, open days etc,) and
•   To run Human Rights Education Center on permanent basis.

In order to advance public knowledge and awareness so that they can be prepared to stand up for their rights, the NHRCM organizes various training sessions for governmental and non-governmental organizations, business entities, media workers and citizens, and covering sphere of theses training sessions is increasing year by year.

The training sessions are organized on the basis of the priorities of the year, annual plan of the commission, requests and recommendations by organizations, and methodologies and contents of the human rights training sessions are developed to fit the specialties and needs of any sectors.

The Article 13.2.5 of the Law on National Human Rights Commission of Mongolia states that NHRCM must promote human rights education activities in the sphere of its full powers. The NHRCM organize training sessions to promote human rights education through wide range topics such as legislations on human rights, international treaties, international organizations and mechanisms for human rights protection, human rights issues in Mongolia, and achievements and faults related to emerging human rights problems.

Human rights education activities of the Commission focus on the following target groups:

•  Citizens and community;
• Central and local public administrative bodies and authorities;
• Law enforcement organizations such as the court, police, and court decision implementation agency and employees of these organizationd;
• Representatives and employees from non-government and civil society organizations working in the field of human rights and freedoms;
• Professional organizations related to education, media, and inspection and their employees; and
• Specific target groups such as women, students, elders, people with disabilities etc.

 

 

The Commission was given a mandate to conduct inquiries at its initiative on the basis of information in regard to violations of human rights and freedoms. It also has a power to examine the activities of detention centers, childcare centers, police stations, hospitals and business entities.

Based on the results of examinations and inquiries, the Commissioners make recommendations to the relevant business entities, organizations or officials in order to protect human rights and freedoms.