Mongolia – Judicial remedy

By Daniel Morris | 22. February 2024

CHAPTER FOUR. Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness

4. Improve the dispute resolution system of the courts.

Actions and measures to be implemented:

Take measures to establish a legal framework for conducting court hearings in a digital environment and for evaluating digital evidence

  • Time frame: 2023-2024
  • Criteria: The relevant procedural legislations will be amended accordingly.
  • Implementing organisations: MoJHA [Ministry of Justice and Home Affairs].
  • Jointly implementing organisations: Judicial General Council of Mongolia (JGCM]

Prepare a technical and economic feasibility study and conduct an initial assessment to establish the court infrastructure for the digital receipt of lawsuits and claims, evaluate evidence, establish court procedures and cases in a digital environment.

  • Time frame: 2023-2024
  • Criteria: The technical and economic feasibility study will be approved.
  • Implementing organisations: MoJHA
  • Jointly implementing organisations: JGCM

Establish the digital environment for court proceedings in phases.

  • Time frame: 2023-2024
  • Criteria: 20 percent of all court proceeding will be conducted in digital environment.
  • Implementing organisations: JGCM
  • Jointly implementing organisations: MoJHA

Create a digital environment that allows court participants to access digital court case materials and records and participate in court hearings in digital form

  • Time frame: 2025
  • Criteria: The digital environment will be assessed whether it allows court participants to monitor the court proceedings and process. /Yes – 1, No – 0/
  • Implementing organisations: JGCM
  • Jointly implementing organisations: MoJHA

Improve the environment that allows participants to attend court proceedings remotely.

  • Time frame: 2024-2025
  • Criteria: Percentage of court proceedings in which participants can take part in the court hearing virtually /aim to reach 90 percent/
  • Implementing organisations: JGCM
  • Jointly implementing organisations: MoJHA

Improve the legal provisions of state registration of citizens and business enterprises to eliminate the cases of returning claims from the courts and improve address registration.

  • Time frame: 2023-2024
  • Criteria: The draft law will be developed and submitted for approval.
  • Implementing organisations: MoJHA
  • Jointly implementing organisations: JGCM

Create the legal environment for filing claims on matters affecting the public interest and class action claims by several participants.

  • Time frame: 2023-2024
  • Criteria: A study will be conducted, and conclusions and proposals will be made. The draft law will be prepared and submitted for approval.
  • Implementing organisations: MoJHA

Research the practise of settling disputes related to the protection of the public interest before the administrative courts and take the research findings into account when improving legislation.

  • Time frame: 2023-2025
  • Criteria: A study will be conducted, and conclusions and proposals will be advanced.

Improve procedures for the provision of legal assistance in the resolution of cases and disputes concerning human rights violations caused by the activities of companies in the mining, infrastructure and agricultural sectors.

  • Time frame: 2023-2025
  • Criteria: The study will be conducted and the procedures related to providing legal assistance will be revised.
  • Implementing organisations: MoJHA
  • Jointly implementing organisations: Relevant Ministries and organisations, Governors of aimags and the capital city, MBA [Mongolian Bar Association], NGOs.

Organise events to raise awareness and understanding of business and human rights issues among judges, prosecutors and law enforcement officials.

  • Time frame: 2023-2027
  • Criteria: Needs will be identified and capacity building training and events are organised in phases.
  • Implementing organisations: MoJHA, state General Prosecutor’s office (SGPO), NHRCM [National Human Rights Committee of Mongolia].
  • Jointly implementing organisations: Relevant ministries and organisations, Secretariat of NCGE [National Committee on gender Equality], MBA, NGOs, IOs.

Conduct training and build the capacity of court forensic experts.

  • Time frame: 2023-2027
  • Criteria: The need for staff improvement and capacity building is identified and appropriate measures are implemented.
  • Implementing organisations: MoJHA, JGCM
  • Jointly implementing organisations: Relevant ministries and organisations, MBA, IOs.

Diversify and develop court-based mediation activities, conduct research and draw conclusions on creating legal conditions for enforcing decisions, and create capacity-building and incentive systems for mediators.

  • Time frame: 2023-2027
  • Criteria: Discussions and research will be conducted and conclusions and proposals will be developed. As a result, a draft law will be developed and submitted for approval.
  • Implementing organisations: MoJHA, JGCM
  • Jointly implementing organisations: MBA, AMA.

7 Raise citizens’ awareness and understanding on remedy of human rights violations

Actions and measures to be implemented:

Promote information on mechanisms for receiving and resolving complaints related to human rights violations as stipulated in international treaties signed by Mongolia and raise awareness among citizens and the public.

  • Time frame: 2023-2024
  • Criteria: Information, guidelines, and manuals will be developed and distributed.
  • Implementing organisations: MFA, MoJHA, MLSP
  • Jointly implementing organisations : Relevant ministries and organisations, CMTU, IOs.

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Conduct legal education programmes for citizens on their right to effective remedies and compensation. Ensure that such education programmes are conducted regularly and involve civil society organisations and local organisations in the education programmes.

  • Time frame: 2023-2027
  • Criteria: The legal education program will be carried out. Local governing bodies will be obliged to dutifully participate.
  • Implementing organisations: MoJHA, MLSP, governors of all levels, NGOs.
  • Jointly implementing organisations: Relevant ministries and organisations, secretariat of the NCHR, NHRCM, CMTU, IOs.