CAT/OP/MNG/1
Mandate
13.
As set out in article 3.1 of the Law on the National Human Rights Commission of
Mongolia, 3 the Commission’s mandate is to promote and protect the human rights and
freedoms contained in the Constitution of Mongolia, national law and international treaties
to which Mongolia is party. Article 13 of the Law provides that the Commission should put
forward proposals on human rights issues, proposals and recommendations on legal and
administrative amendments and proposals on implementing international human rights
treaties, conduct research, collaborate with international, regional and national human rights
institutions, raise awareness, promote human rights education and encourage accession to
international human rights treaties.
Visiting powers
14.
Since its establishment in 2000, the Commission has been monitoring human rights
in places of detention by conducting both unannounced and announced visits, inquiries,
research and monitoring.4 The Commission monitors juvenile correctional centres, closed
and open prisons, pretrial detention centres and medical centres within prisons. Mental
health centres are also within the Commission’s monitoring mandate. Since 2007, it has
been monitoring the rights of persons receiving mental health-care treatment in the National
Centre for Mental Health of Mongolia.5 It has also reported on a psychiatric nursing clinic,
centre for addiction treatment and shelters for victims of domestic violence. 6 The
Committee against Torture has recommended that Mongolia strengthen the Commission’s
independent and regular monitoring of places of deprivation of liberty, including those for
persons with psychosocial difficulties and special care homes (CAT/C/MNG/CO/2, para.
20 (c)). During the visit, the Subcommittee was informed, however, that visits to places of
detention by the Commission were not conducted systematically, and that it did not conduct
individual interviews with detainees.
Selection of commissioners
15.
As stipulated in the Commission mandate, the speaker of parliament nominates
candidates for the Commission’s three commissioner positions on the basis of proposals
from the President, the Parliamentary Standing Committee on Legal Affairs and the
Supreme Court. In 2016, the Committee against Torture recommended that Mongolia
develop a clear, transparent and participatory process of selection for positions in the
Commission (CAT/C/MNG/CO/2, para. 34 (b)).
Funding
16.
The Commission is funded under the State party’s consolidated budget, approved by
the parliament.7 The Commission’s budget and personnel have decreased in recent years,
and the Committee against Torture has expressed its concern about this
(CAT/C/MNG/CO/2, para. 34 (a)).
Reporting and commenting on legislation and policy
17.
The mandate of the Commission provides that commissioners should submit to the
parliament annually a report on the human rights situation in Mongolia, which should also
be issued in the State gazette.8 It also provides that the Commission should put forward
proposals and recommendations on human rights issues and on whether laws and
3
4
5
6
7
8
4
Available from http://mn-nhrc.gov.mn/eng/28/29/32-national-human-rights-commission-of-mongoliaact.html.
National Human Rights Commission of Mongolia, Fifteenth Status Report on Human Rights and
Freedom in Mongolia (Ulaanbaatar, Khukh Sudar Printing, 2016). Reports of the Commission are
available from http://mn-nhrc.org/eng/main2/188.
National Human Rights Commission of Mongolia, Fifteenth Status Report.
Ibid.
Mongolia, Law on the National Human Rights Commission of Mongolia, article 22.2.
Ibid., article 20.