Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 29) sur le travail forcé, 1930 - Mongolie (Ratification: 2005)

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Observation

2023
2022
2019

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) Implementation of the National Action Plan. In response to its previous comments concerning the implementation of the National Programme on Combating Human Trafficking 2017–21, the Committee notes the Government’s information in its report on the amount of the resources allocated to the National Programme. As regards the final evaluation of the National Programme, the primary objective of organizing work to prevent and combat trafficking in persons through the study of this phenomenon and its root causes was assessed as being 93.9 per cent complete. Between 2019 and 2021, nine national studies were conducted, while three nationwide public awareness-raising campaigns were organized. The Government and civil society organizations have independently and jointly carried out several activities including, capacity-building and training of personnel, sharing experiences with foreign counterparts, improving the legal framework, organizing nationwide awareness-raising campaigns and producing/distributing advocacy materials with the support of programmes and projects funded by international organizations. The Committee requests the Government to pursue its efforts to combat trafficking in persons, including through developing and implementing a new national programme. It requests the Government to provide information on any assessment of the national action to combat trafficking carried out by the National Sub-Council on Combating Trafficking in Persons and any recommendations made in this context, as well as on the measures taken or envisaged as a consequence.

(ii). Identification and protection. The Committee notes the Government’s information that resources were allocated to non-governmental organizations (NGOs) for the provision of primary services including shelter, psychosocial rehabilitation, medical care and legal services and repatriation services to victims of trafficking. In 2021, two NGO-run shelters to accommodate victims of trafficking were furnished for the needs of child victims. Moreover, under the project Preventing Violence Against Women and Supporting Victims implemented by the Ministry of Labour and Social Protection, guidelines to identify victims of human trafficking were developed and adopted by Order No. A/57 of 5 April 2022. The Mongolian Gender Equality Center, an NGO, provided shelter, healthcare services, food, clothing, legal and psychosocial counselling to 46 victims of trafficking in 2020, 41 victims in 2021 and 21 victims in the first half of 2022. In addition, skills development training and assistance to start businesses were organized for victims of trafficking. The Committee requests the Government to continue to take the necessary measures to provide protection and assistance to victims of trafficking in persons and to indicate the number of victims who have been identified and those who were granted assistance for their rehabilitation and/or repatriation, as well as the nature of such assistance.

(iii). Law enforcement and penalties. The Committee notes the Government’s information that within the framework of the National Programme, specialized training manuals for police officers, prosecutors, border service officers, immigration officers, judges, lawyers, social workers and health practitioners were developed. The Government indicates that between 2019 and 2021, 31 cases of trafficking in persons for sexual exploitation were registered under section 13.1 of the Criminal Code, involving 49 perpetrators and 130 victims of whom 40 per cent were children. In the four cases resolved in 2021, ten perpetrators were convicted and sentenced to imprisonment ranging from three to 15 years. During the first quarter of 2022, the police investigated four cases involving six alleged perpetrators and nine victims. The Committee requests the Government to continue to take the necessary measures to ensure that all cases of trafficking are properly identified and subject to thorough investigations with a view to ensuring that perpetrators are prosecuted and that dissuasive penalties are imposed. It further requests the Government to provide statistical data in this regard as well as information on the measures taken to continue to strengthen the capacities of law enforcement officials, including labour inspectors, prosecutors and judges, particularly by providing appropriate training.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. In its previous comments, the Committee noted that a significant number of migrant workers from China and the Democratic People’s Republic of Korea worked in Mongolia in conditions tantamount to forced labour and requested the Government to take the necessary measures to address this situation.

The Committee notes the Government’s information that the revised Law on Labour Migration, adopted by Parliament in December 2021, contains new provisions to protect the rights of foreign/migrant workers. According to this law, the State administrative body shall issue an employment permit to the foreign worker based on his/her employment contract with the employer. An employer who has failed to pay the wages of, or caused any damages to the previously employed worker, shall be denied the right to invite foreign workers for two years (section 25.1.2). According to section 26, an employer’s permit to employ foreign workers shall be cancelled, if: (i) the terms and conditions agreed in an employment contract including wages, working environment, working hours and rest period have not been met; (ii) the employer has violated the labour or occupational safety and health legislation; (iii) the employer fails to provide preparatory training, health check-up and medical examination of workers; (iv) the employer has withheld the foreign worker’s documents or wages; or (v) the employer has employed a foreign worker for purposes or at locations other than those specified in the employment permit. Moreover, section 34.2 provides for the establishment of a State administrative body to advise employers, conduct regular inspections and supervise the employment and working conditions of foreign workers and compliance with the law.

The Committee notes the Government’s information that in 2021, the General Authority for Labour and Welfare Services launched an electronic platform to enable an integrated registration system of entities that receive foreign workers, and to improve oversight of compliance with the relevant legislation. The Government further indicates that according to the National Statistics Office, 6,200 foreign citizens from 88 countries were working on the basis of an employment contract in Mongolia as of the second quarter of 2022. It stresses that no cases of forced labour of foreign workers were prosecuted and that, in September 2020, three citizens of Myanmar lodged a complaint with the Mongolian authorities of labour exploitation, which was later dismissed. The Committee welcomes the adoption of the new provisions of the Law on Labour Migration and encourages the Government to continue to take measures to protect migrant workers from abusive practices and prevent them from being trapped in situations that could amount to forced labour. It requests the Government to provide information on the measures taken for the effective implementation of the Law on Labour Migration, indicating the measures taken to inform migrant workers of their rights, the number of inspection visits carried out by the State administrative body established under section 34 of the Law, the violations observed and the number of employer’s permits that have been cancelled and the reasons for such cancellation.

The Committee is raising other matters in a request addressed directly to the Government.