On the 7th of December, 2000 the Law of the National Human Rights Commission of Mongolia was adopted. Following the adoption of this law, a national human rights institution was established in Mongolia. On the 23rd of January 2020, the Law of the National Human Rights Commission of Mongolia was revised by the Parliament and it came into effect from 3rd March 2020. The revised version of the law reflected new progressive provisions of the mandate of the Commission and its Commissioners, operational principles, structure, composition, organization, handling the human rights violations, complaints, and information lodging. Moreover, the Law on the Legal Status of Human Rights Defenders (HRD Protection Law) was adopted on the 2nd of April 2021. Therefore, establishing a non-staff Human Rights Defender Committee under the National Human Rights Commission to assess whether human rights defenders have been violated and the Commissioner for Human Rights shall be in charge of the Committee.
The National Human Rights Commission is responsible for monitoring the implementation of the provisions on human rights and freedoms and provided in the Constitution of Mongolia, laws and international treaties of Mongolia and mandated with the protection and promotion of human rights.
The National Human Rights Commission of Mongolia is an internationally recognized organization and a full member institution at the Asia Pacific Forum of National Human Rights Institutions and has re-accredited three times with “A” status by the Sub-Committee on Accreditation (SCA). The Commission is a national human rights institution fully compliant with the Paris Principles adopted by UN General Assembly Resolution 28/134 of 1993.
In our activities, we adhere to the principles enshrined in the Constitution of Mongolia, cherishing human rights and freedoms, and the principles of inclusion, fairness, transparency, independence, and autonomy.
Our slogan: “Promoting human rights and freedom all over the country, at all times.”
According to the law, the National Human Rights Commission of Mongolia consists of 6 members.
The Commissioner shall be a Mongolian citizen who has reached the age of 35 (thirty-five) with a high level of legal qualifications and experience in human rights protection.
NOMINATION OF CANDIDATES FOR AND APPOINTMENT OF COMMISSIONERS
The Standing Committee of Legal Affairs of the State Great Khural shall announce about the competitive selection of Commissioners through public media organizations. A citizen who fulfils requirements for Commissioner shall submit his/her request to the Standing Committee of Legal Affairs within 30 (thirty) days after the date of announcement. The Standing Committee of Legal Affairs shall establish working group to conduct the competitive selection within 15 (fifteen) days. Working group shall nominate citizens with highest scores in the competitive selection by numbers of empty seats of Commissioners and the Standing Committee of Legal Affairs shall discuss the nomination and decide whether to submit its proposal to plenary session of State Great Khural to appoint him/her as Commissioner.
If majority of members of the State Great Khural was not voting for a candidate, then the competitive selection shall be conducted again within 14 (fourteen) days in accordance with procedure as provided in this Law and nominate another person's name who have highest scores among competed citizens. If majority of members of State Great Khural was not voting for a candidate, then that citizen shall not be nominated again. Appointment of the Commissioners shall consider gender equality and forty percent of the Commissioners shall be representation from one of sexes. 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 Khural shall appoint replacement for that Commissioner within 60 (sixty) days from that date in accordance with this Law. 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. The Standing Committee of Legal Affairs shall approve the procedure on the competitive selection of Commissioners.
FUNCTIONS OF THE COMMISSION
According to the Law on the National Human Rights Commission of Mongolia, The Commission shall exercise the following functions. These include:
- To put forward proposals and recommendations on any human rights and freedoms-related issues in Mongolia and deliver to competent organizations, officials and legal entities;
- To put forward proposals on whether drafts of laws or administrative decisions are in conformity with the Constitution of Mongolia, international treaties and key human rights principles;
- To put forward proposals to ratify and/or accede the international human rights treaties and send information to the United Nations Human Rights Council and treaty bodies;
- Refer proposals with regard to improving the legislation connected with fulfilling human rights and freedoms to the officials or authorities with law-initiating competence;
- To promote and disseminate human rights education;
- To protect human rights and freedoms;
- To collaborate with governmental, civil society and media organizations, legal entities and international organizations;
- To conduct research on necessary issues by scientific and research institutions and non-profit legal entities and appoint thematic experts to have expert-opinion;
- To monitor the implementation of legislation regarding gender equality;
- To monitor the implementation of governmental organizations and officials' duties to provide, protect and respect human rights in accordance with legal powers of this law and other relevant legislation;
- To produce reports on the situation of human rights and freedoms in Mongolia and submit to the State Great Khural.
PRINCIPLES OF THE COMMISSION
In addition to the principles enshrined in the Constitution of Mongolia, the Commission adheres to the principles of respect for human rights and freedoms, accessibility, fairness, transparency, and independence. No business entity, organization, official, or individual shall influence or interfere in the activities of the Commission and its members.
We will take the lead in the acts of respecting, protecting, and promoting human rights and freedoms. As commissioners and staff of Mongolia’s National Human Rights Commission, WE: will achieve our goal by adhering to an independent position, monitoring, protecting, and promoting the implementation of human rights in a scientific and professional manner, discussing with and learning from others, which will create a pluralistic, responsible, sociable, professional team and a pleasant working environment.
THE MANDATE OF THE COMMISSIONER
The Commissioner shall fulfill the following mandates:
- To conduct inspections on their own initiative or at the request of citizens, organizations, officials, and legal entities in accordance with complaints and inquiry on violations of human rights and freedoms;
- To get acquainted with and copy all types of documents from government organizations and officials for the purpose of conducting research on human rights issues, and to obtain necessary information and research;
- Provide advice on human rights issues;
The Commissioner may conduct an investigation following allegations of human rights violations.
THE MANDATE OF THE CHIEF COMMISSIONER
The Chief Commissioner obtains the following rights and duties:
- To represent the Commission in both internal and foreign affairs;
- To participate in the plenary session of the Parliament and the request of the Speaker of the Parliament;
- To distribute complaints and inquiries received by the Commission to the Commissioners
- To appoint and release the Head of the Secretariat
- To resolve issues regarding internal affairs
- To approve and enforce the rules and regulations related to the internal affairs of the Commission;
- To schedule and chair the meetings of the Commission;
- To approve the procedure for receiving and responding to complaints and inquiries by e-mail and telephone of the Commission;
- To approve the Commission’s mediation procedure;
- To support the activities of the Commissioner in charge of torture prevention.
GUARANTEES FOR THE MANDATE OF THE COMMISSIONERS
The government shall be responsible for financing the operating expenses of the Commissioners from the state budget and providing economic guarantees for their operation. According to the law, the budget of the Commission shall be approved by the Parliament on the basis of its proposal and shall be specifically reflected in the state budget, which shall meet the requirements for its independent operation. In case of expiration of the Commissioner’s term of office or dismissal due to health or other valid reasons, benefits shall not be less than the salary received by the Commissioner for 6 months prior to transferring to another job or position in accordance with his/her profession. If he/she is working in a low-paid job, the salary difference shall be paid for the same period.
If a Commissioner is arrested at the time of the crime or at the crime scene with evidence of the crime, the relevant authorities shall notify the Speaker of the Parliament within 24 hours. In other cases, it shall be prohibited to detain or impose administrative sanctions on a Commissioner, or to search his/her home, office, or body.
Except as otherwise provided by law, it shall be prohibited to release a Commissioner from his/her duty or to transfer him/her to another job or position without his/her consent. Confidentiality of correspondence related to the implementation of the Commissioner’s mandates shall not be disclosed. All possible assistance from business entities, organizations, their officials, and citizens shall be provided for the Commissioner to implement his/her fulfillment of the mandate.
The Parliament of Mongolia approved the Law on the National Human Rights Commission on December 7th, 2000. In accordance with the 1st resolution of the Parliament in 2001, Doctor of Law, S. Tserendorj was appointed as the Chief Commissioner, and G. Dalaijamts and J. Dashdorj were appointed as Commissioners, which made history establishing the National Human Rights Commission of Mongolia.
The second appointment of the Commissioners of the National Human Rights Commission was made by the Parliament in 2007, in which D. Solongo was appointed as the Chief Commissioner, and J. Dashdorj and P. Oyunchimeg were appointed as Commissioners. The third appointment of the Commissioners of the National Human Rights Commission was made in January 2012 by the Parliament, with P. Oyunchimeg and N. Ganbayar being appointed as Commissioners.
The Chief Commissioner of National Human Rights Commission of Mongolia was Byambadorj Jamsran, and Honored Lawyer of Mongolia, Doctor of Law, Byambadorj Jamsran, Associate Professor Purev Oyunchimeg, Honored Lawyer of Mongolia, Ganbayar Nanzar were Commissioners of the National Human Rights Commission of Mongolia.