Mongolia
On 14 June 2023, Mongolian adopted its first NAP.
Available NAPs
Mongolia: 1st NAP (2023-2027)
Status
On 14 June 2023, the Mongolian government adopted an “Action Plan for the Protection of Human Rights in Business Activities, Prevention of Human Rights Violations, and Restoration of Violated Rights (2023-2027).”
Process
In April 2019 the Mongolian Government has formally appointed a 60 members Working Group to begin work on a National Action Plan on business and human rights.
In November 2020, consultations to validate the draft national baseline assessment were held.
Consultations to validate the draft National Baseline Assessment for the #NAP on #bizhumanrights in #Mongolia have just started and events with all stakeholders are scheduled for entire month of November. Team work of @BHR_Mongolia @OyuVasha @UNDPMongolia pic.twitter.com/CGdb7xuXJF
— Livio Sarandrea (@liviosarandrea) November 10, 2020
On 14 June 2023, the Mongolian government adopted its first NAP, titled Action Plan for the Protection of Human Rights in Business Activities, Prevention of Human Rights Violations, and Restoration of Violated Rights (2023-2027). The goal of Mongolia’s NAP is to promote and localise a business culture that respects human rights in the country, and to identify, plan, manage and implement activities and measures to prevent and reduce the negative impacts of business activities on human rights and the environment. Main objectives listed in the NAP include:
- Improve and support the legal framework for the implementation of economic and labour rights, such as the right to a living wage, the right to safe and healthy working conditions, the right to freedom from harassment and violence in labour relations, the right to equality and freedom from discrimination and the right to effective remedy.
- Assess and reduce the potential risks and impacts to human rights and the environment that arise from business activities.
- Establish a legal framework for compliance with human rights principles and criteria in the selection and procurement of contractors for development projects and programmes.
- Create a legal framework for business enterprises to conduct human rights due diligence.
- Raise awareness throughout the public and private sectors, build their capacity and strengthen their roles and responsibilities.
- Support private sector initiatives aimed at promoting and respecting human rights and improving social and economic conditions.
- Improve procedures and mechanisms for redress of human rights violations through judicial and non-judicial mechanisms.
In October and November of 2023, UNDP Mongolia organised several workshops, providing a comprehensive overview of the UNGPs and the recently adopted NAP. These workshops brought together government officials from eight ministries, representatives from the National Human Right Commission, local governing bodies, and civil society organisations. These workshops were organised with a view to provide tools and support for government officials to formulate concrete plans and measures for implementation of the commitments in the NAP.
National Baseline Assessment (NBA)
On July 1, 2021, Mongolia released a National Baseline Assessment on Business and Human Rights (NBA) in partnership with UNDP (available in Mongolian). In 2022, an updated version of the NBA was released (available in Mongolian and English).
Follow-up, monitoring, reporting and review
The NAP includes several provisions regarding follow-up procedures, monitoring and review. The State Central Administration and other relevant institutions responsible for implementing the commitments in the NAP (2023-2027) will adopt and execute detailed sector-specific plans. These entities will also prepare a performance report and submit it to the Secretariat of the National Committee for Human Rights (NCHR) by the first of December each year. The NCHR Secretariat will assess the implementation of the NAP by the 15th of December each year and provide guidance and recommendations on how to improve implementation. The Secretariat is also tasked with the monitoring and review of the NAP after less than 18 months and submit the results to the government, together with proposals for further action. Monitoring and review may be supported by external experts and non-governmental organisations. Six months before the completion of the implementation of the NAP, the Secretariat will make its final evaluation of the results and report its findings to the public and the government. The Secretariat will then take specific actions to revise, approve or ensure the implementation of the action plan with the involvement of relevant stakeholders.
Additional resources
- OHCHR, Committee on Economic, Social and Cultural Rights Welcomes Mongolia’s Efforts to Promote Human Rights in Business Activities, Asks About Measures to Combat Poverty, Committee on Economic, Social and Cultural Rights Welcomes Mongolia’s Efforts to Promote Human Rights in Business Activities, Asks About Measures to Combat Poverty | OHCHR
- UNDP Mongolia, Mongolia becomes the fourth country in Asia-Pacific to adopt National Action Plan on Business and Human Rights, Mongolia becomes the fourth country in Asia-Pacific to adopt National Action Plan on Business and Human Rights | United Nations Development Programme (undp.org)
- UNDP Mongolia, From Learning to Action: How can governments promote responsible business practices that respect human rights?, From Learning to Action: How can governments promote responsible business practices that respect human rights? | United Nations Development Programme (undp.org)
Children’s rights
CHAPTER II. Actions to improve the duty of the state in protecting human rights
7. Enforce the implementation of legislation prohibiting forced labour and the worst forms of child labour.
Actions and measures to be implemented:
Verify that national legislation fully reflects the provisions and obligations of ILO [International Labour Organisation] Convention No. 29 on Forced Labour and ILO Convention No. 105 on the Abolition of Forced Labour and take measures to bring relevant legislation into conformity with these Conventions.
- Time frame: 2023-2024
- Criteria: The compatibility of national legislation with the applicable Conventions will be examined and appropriate conclusions and recommendations are made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisation: MLSP [Ministry of Labour and Social Protection]
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], Ios [International organisations].
Identify child employment violations in workplaces where the employment of minors is prohibited, conduct regular inspections and take action to eliminate violations.
- Time frame: 2023 – 2027
- Criteria: Monitoring and inspections will be carried out to eliminate the violations.
- Implementing organisation: MLSP, Monitoring unit of the relevant ministries, Family, Child, and Youth Development Agency (FCYDA).
Organise activities to raise awareness and understanding among employers and workers about forced labour, the worst forms of child labour and their abolition.
- Time frame: 2023 – 2027
- Criteria: Activities to raise awareness and understanding will be planned and organised in phases
- Implementing organisations: MLSP, FCYDA
- Jointly implementing organisations: Relevant ministries and agencies, MNCCI [Mongolian National Chamber of Commerce and Industry], MEF[Mongolia Economic Forum], CMTU [Confederation of Mongolian Trade Union], NGOs.
Conflict-affected areas
The Mongolian NAP makes no reference to Conflict-affected areas.
Construction sector
CHAPTER II. Actions to improve the duty of the state in protecting human rights
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations of ILO Convention No. 155 on Safety and Health at Work, ILO Convention No. 176 on Safety and Health in Mines and ILO Convention No. 167 on Safety and Health in Construction and take measures to bring relevant laws and regulations into conformity with these Conventions.
- Time frame: 2023-2024
- Criteria: The compatibility of national laws and legislation with the relevant conventions is examined and appropriate conclusions and proposals are made. Draft amendments to relevant laws and legislation shall be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection], MMHI [Ministry of Mining and Heavy Industry], MCUD [ministry of Construction and Urban Development]
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], MoH [Ministry of Health], AGS [Authority of Government Supervisory], Relevant agencies
(…)
Monitor and inspect the operations of enterprises in sectors with a high incidence of occupational accidents and acute poisonings (mining, extraction, construction, energy, road and transport, agriculture, warehousing) in phases and take measures to enforce occupational safety and health regulations and eliminate violations.
- Time frame: 2023-2027
- Criteria: Phased monitoring and inspections will be carried out and measures will be taken to enforce OSH regulations and eliminate violations
- Implementing organisation: MLSP
- Jointly implementing organisations: Relevant ministries and organisations, AGS, Governors of all levels.
(…)
11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation
Actions and measures to be implemented:
Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.
- Time frame: 2023-2025
- Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
- Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
- Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels
(…)
Corporate law & corporate governance
CHAPTER II. Actions to improve the duty of the state in protecting human rights
3. Strengthen the responsibilities of businesses of all forms of ownership to respect human rights.
Actions and measures to be implemented:
Define the responsibilities of the company’s shareholders, board of directors and senior management in relation to the prevention and elimination of human rights violations and adverse environmental and human rights impacts as a result of the company’s operations, and include them in relevant legislation.
- Time frame: 2023-2025
- Criteria: The law will be drafted and submitted for approval.
- Implementing organisations: MoJHA [Ministry of Justice and Home Affairs], MED [Ministry of Economy and Development], PCSP [Agency for Policy Coordination on State Property]
- Jointly implementing organisations: Secretariat of the NCHR [National Committee for Human Rights], MNCCI [Mongolian National Chamber of Commerce and Industry], CMTU [Confederation of Mongolian Trade Union]
Define and enshrine in the Law on Company the duty to prevent, identify, address, monitor and remedy adverse human rights impacts caused by the operations of subsidiaries and dependent enterprises of the parent company.
- Time frame: 2023-2025
- Criteria: The draft law will be developed and submitted for approval.
- Implementing organisations: MoJHA
- Jointly implementing organisations: PCSP, CMTU.
4. Create the legal framework for business enterprises of all forms of ownership to carry out human rights due diligence in its operations.
Actions and measures to be implemented:
Develop guidelines and methodologies for human rights due diligence, promote them and build capacity for their practical implementation Conduct pilot projects in state and locally owned enterprises and other companies and present human rights due diligence reports to the public
- Time frame: 2023-2025
- Criteria: The guidelines and methodology for human rights due diligence will be developed. Actions will be taken to promote the guidelines and methodology and to build capacity for conducting human rights due diligence. State and locally owned enterprises, as well as other companies, will be selected to conduct a human rights due diligence pilot project and the results will be presented.
- Implementing organisations: MoJHA, PCSP, Secretariat of National Committee on Gender Equality (NCGE), NHRCM [National Human Rights Committee of Mongolia], Secretariat of the NCHR.
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Small and Medium Enterprise Agency (SMEA), CMTU, State and locally-owned enterprises, Non-governmental organisations (NGOs), International Organisations (IOs.
Conduct a study and develop conclusions and recommendations to establish the legal framework for companies to conduct human rights due diligence in their operations and supply chain based on certain criteria (e.g. through amendments and changes to the laws regulating the operation of companies, the Law on Company, the Law on Securities Market and other applicable laws, etc.).
- Time frame: 2025 – 2027
- Criteria: A study will be conducted and conclusions and proposals will be made. Actions to be implemented will be determined.
- Implementing organisations: MoJHA, MLSP
- Jointly implementing organisations: MNCCI [Mongolian National Chamber of Commerce and Industry], Professional associations, state and locally-owned enterprises, NGOs.
Implement a project to support human rights due diligence for business enterprises that provide basic social services (health, education, public transport, landscape management) and legislate the obligations of these companies to prevent, identify and address negative human rights impacts.
- Time frame: 2025 – 2027
- Criteria: A draft law will be developed and submitted for approval. A project to support human rights due diligence will be carried out.
- Implementing organisations: Ministry of Construction and Urban Development (MCUD), Ministry of Education and Science (MES), Ministry of Health (MoH), Ministry of Road and Transport Development (MRTD), Secretariat of the NCHR, Secretariat of the Governor of the capital city, PCSP
- Jointly implementing organisations: Relevant ministries and organisations, Government monitoring implementing Agency (GMIA), IOs, NGOs.
Corruption
The Mongolian NAP makes no reference to Corruption.
Data protection & privacy
The Mongolian NAP makes no reference to Data protection & privacy.
Development finance institutions
The Mongolian NAP makes no reference to Development finance institutions.
Energy sector
CHAPTER II. Actions to improve the duty of the state in protecting human rights
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
(…)
Monitor and inspect the operations of enterprises in sectors with a high incidence of occupational accidents and acute poisonings (mining, extraction, construction, energy, road and transport, agriculture, warehousing) in phases and take measures to enforce occupational safety and health regulations and eliminate violations.
- Time frame: 2023-2027
- Criteria: Phased monitoring and inspections will be carried out and measures will be taken to enforce OSH regulations and eliminate violations
- Implementing organisation: MLSP
- Jointly implementing organisations: Relevant ministries and organisations, AGS, Governors of all levels.
11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation
Actions and measures to be implemented:
Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.
- Time frame: 2023-2025
- Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
- Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
- Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels.
Evaluate the performance of laws and regulations governing relations related to land displacement, resettlement and forced eviction, and take measures to protect citizens’ land tenure rights and improve procedures for valuing property and calculating compensation.
- Time frame: 2023-2025
- Criteria: An assessment will be carried out and conclusions and suggestions will be made. Measures will be taken to improve the relevant procedures.
- Implementing organisations: Ministry of City and Urban Development (MCUD), Agency for Land Administration and Geodesy and Cartography (ALAMGC).
- Jointly implementing organisations: MET [Ministry of Environment and Tourism], MMHI [Ministry of Mining and Heavy Industry], MRTD [Ministry of Road and Transport Development], MoE [Ministry of Energy].
Assess relevant laws, regulations and standards related to urban planning and public services from the perspective of a human rights-based approach, take action to improve them, enforce implementation and increase accountability in case of violations.
- Time frame: 2023-2025
- Criteria: An assessment will be made and improvement measures will be carried out. Enforcement activities will be carried out.
- Implementing organisations: MCUD, ALAMGC
- Jointly implementing organisations: Governors of all levels.
Equality & non-discrimination
CHAPTER II. Actions to improve the duty of the state in protecting human rights
8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.
- Time frame: 2023-2025
- Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection].
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.
(…)
Export credit
The Mongolian NAP makes no reference to Export credit.
Extractives sector
CHAPTER II. Actions to improve the duty of the state in protecting human rights
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
(…)
Monitor and inspect the operations of enterprises in sectors with a high incidence of occupational accidents and acute poisonings (mining, extraction, construction, energy, road and transport, agriculture, warehousing) in phases and take measures to enforce occupational safety and health regulations and eliminate violations.
- Time frame: 2023-2027
- Criteria: Phased monitoring and inspections will be carried out and measures will be taken to enforce OSH regulations and eliminate violations.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection]
- Jointly implementing organisations: Relevant ministries and organisations, AGS [Authority of Government Supervisory], local self-governing bodies.
10. Establish a legal framework for the consideration of human rights principles and criteria in the environmental impact assessment of mining, extractive and infrastructure projects.
Actions and measures to be implemented:
Conduct awareness raising programmes and training on environmental impact assessment in accordance with the “Regulation on Environmental Impact Assessment” adopted by the 2nd Annex to Government Decision No. 58 in 2023, and create an environment that enables the participation of other stakeholders in terms of their opinion and feedback on environmental impact assessment and provide knowledge on the importance of such assessment
- Time frame: 2024-2025
- Criteria: The measures to improve public knowledge and awareness will be carried out in several phases. If necessary, the implementation of the regulation will be evaluated and the outcome determined.
- Implementing organisations: Ministry of Environment and Tourism (MET), Governors of all levels, Local self-governing bodies.
- Jointly implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MoJHA [Ministry of Justie and Home Affairs], Secretariat of the NCHR [National committee for Human Rights].
Conduct analyses and draw conclusions on the negative human rights impacts of the small-scale, artisanal mining activities and take measures to prevent and eliminate these risks.
- Time frame: 2023-2024
- Criteria: Conclusions will be made and relevant measures will be planned and executed.
- Implementing organisations: MMHI, Mineral Resources and Petroleum Authority of Mongolia (MRPAM)
- Jointly implementing organisations: MET
11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation
Actions and measures to be implemented:
Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.
- Time frame: 2023-2025
- Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
- Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
- Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels.
Evaluate the performance of laws and regulations governing relations related to land displacement, resettlement and forced eviction, and take measures to protect citizens’ land tenure rights and improve procedures for valuing property and calculating compensation.
- Time frame: 2023-2025
- Criteria: An assessment will be carried out and conclusions and suggestions will be made. Measures will be taken to improve the relevant procedures.
- Implementing organisations: Ministry of City and Urban Development (MCUD), Agency for Land Administration and Geodesy and Cartography (ALAMGC).
- Jointly implementing organisations: MET, MMHI [Ministry of Mining and Heavy Industry], MRTD [Ministry of Road and Transport Development], MoE [Ministry of Energy].
Assess relevant laws, regulations and standards related to urban planning and public services from the perspective of a human rights-based approach, take action to improve them, enforce implementation and increase accountability in case of violations.
- Time frame: 2023-2025
- Criteria: An assessment will be made and improvement measures will be carried out. Enforcement activities will be carried out.
- Implementing organisations: MCUD, ALAMGC
- Jointly implementing organisations: Governors of all levels.
Extraterritorial jurisdiction
The Mongolian NAP makes no reference to Extraterritorial Jurisdiction.
Fisheries and aquaculture sectors
The Mongolian NAP makes no reference to the Fisheries and aquaculture sector.
Forced labour & modern slavery
CHAPTER II. Actions to improve the duty of the state in protecting human rights
7. Enforce the implementation of legislation prohibiting forced labour and the worst forms of child labour.
Actions and measures to be implemented:
Verify that national legislation fully reflects the provisions and obligations of ILO [International Labour Organisation] Convention No. 29 on Forced Labour and ILO Convention No. 105 on the Abolition of Forced Labour and take measures to bring relevant legislation into conformity with these Conventions.
- Time frame: 2023-2024
- Criteria: The compatibility of national legislation with the applicable Conventions will be examined and appropriate conclusions and recommendations are made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisation: MLSP [Ministry of Labour and Social Protection]
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], Ios [International organisations].
Identify child employment violations in workplaces where the employment of minors is prohibited, conduct regular inspections and take action to eliminate violations.
- Time frame: 2023 – 2027
- Criteria: Monitoring and inspections will be carried out to eliminate the violations.
- Implementing organisation: MLSP, Monitoring unit of the relevant ministries, Family, Child, and Youth Development Agency (FCYDA).
Organise activities to raise awareness and understanding among employers and workers about forced labour, the worst forms of child labour and their abolition.
- Time frame: 2023 – 2027
- Criteria: Activities to raise awareness and understanding will be planned and organised in phases
- Implementing organisations: MLSP, FCYDA
- Jointly implementing organisations: Relevant ministries and agencies, MNCCI [Mongolian National Chamber of Commerce and Industry], MEF [Mongolia Economic Forum], CMTU [Confederation of Mongolian Trade Union], NGOs.
Freedom of association
CHAPTER II. Actions to improve the duty of the state in protecting human rights
8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.
- Time frame: 2023 – 2025
- Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection].
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.
(…)
Following the Labour Code (revised edition) and in line with the objective of ensuring the right to freedom of association and collective bargaining in the field of employment and labour relations, we develop and promote methods and policies, raise awareness among employers and workers and enhance their roles and responsibilities, and organise activities to support their cooperation. Receive and process complaints and feedback on violations of the right to freedom of association and collective bargaining and provide advice.
- Time frame: 2023-2027
- Criteria: Methodology and guidelines will be developed and adopted. Actions to promote legislation, guidelines and methodology, raise awareness and understanding, build capacity, improve duties and responsibilities and support cooperation will be planned and implemented in several phases. The service for registration and advice on complaints and feedback on this issue will be improved.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection], NHRCM [National Human Rights Commission of Mongolia], NGOs
- Jointly implementing organisations: Governors of all levels, MNCCI, Mongolian National Chamber of Commerce and Industry], MONEF [Mongolian Employers’ Federation], CMTU [Confederation of Mongolian Trade Union]
Create the conditions for trade union committees to work independently and impartially, organise multilateral debates, make findings and proposals, and take action to amend the Mongolian People’s Republic Law on the Rights of Trade Union adopted in 1991.
- Time frame: 2023-2024
- Criteria: Discussions and consultation meetings will be organised and joint recommendations will be issued. Subsequently, draft legislative amendments will be prepared and submitted for approval.
- Implementing organisations: MLSP
- Jointly implementing organisations: Relevant ministries and organisations, governors of all levels, MNCCI, MONEF, CMTU, Professional associations
(…)
13. Raise awareness and understanding of employment and build capacity.
Actions and measures to be implemented:
- Organise training and activities to raise awareness and understanding of workers’ legitimate rights, safety at work, the right to organise and social security, and involve the media.
- Time frame: 2023 – 2027
- Criteria: Training and activities to increase awareness and understanding are organised in several phases. The information and recommendations will be disseminated through the media.
- Implementing organisations: MLSP, SIA [Social Insurance Agency], CMTU, NGOs
- Jointly implementing organisations : Governors of all levels, Media Council of Mongolia (MCM)
- Train and build the capacity of lawyers to provide specialised legal assistance in the area of employment and industrial relations.
- Time frame: 2023-2027
- Criteria: Training and capacity building for lawyers and advocates providing specialised legal assistance is organised in several phases.
- Implementing organisations: MLSP
- Jointly implementing organisations: MoJHA, Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU
Garment, Textile and Footwear Sector
The Mongolian NAP makes no reference to the Garment, Textile and Footwear Sector.
Gender & women’s rights
Chapter THREE Actions to improve the responsibilities of business enterprises to respect human rights
1. Promote and raise awareness of the “UN Guiding Principles on Business and Human Rights” as well as “Gender Dimensions of the Guiding Principles on Business and Human Rights” by the Working Group on the Issue of Human Rights and Transnational Corporations and other Business Enterprises.
Actions and measures to be implemented:
Introduce and promote the “UN Guiding Principles on Business and Human Rights” and “Gender Dimensions of the Guiding Principles on Business and Human Rights” among the private sector, employers, workers, professional associations and the general public, and develop and disseminate guidelines, recommendations and other relevant materials to assist them in introducing these principles into their business activities.
- Time frame: 2023-2025
- Criteria: Recommendations, handbooks and guidelines will be developed. Awareness and understanding activities will be planned and implemented in phases.
- Implementing organisations: MFA [Ministry of Foreign Affairs], MED [Ministry of Economy and Development], MET [Ministry of Environment and Tourism], MCUD [Ministry of Construction and Urban Development], MRTD [Ministry of Road and Transport Development], MMHI [Ministry of Mining and Heavy Industry], MoE [Ministry of Energy], Secretariat of NCGE [National Committee on Gender Equality], PCSP [Agency for Policy Coordination on State Property], SMEA [Small and Medium Enterprise Agency].
- Jointly implementing organisations: Relevant ministries and organisations, MNCCI [Mongolian National Chamber of Commerce and Industry], MONEF [Mongolian Employers Federation], CMTU [Confederation of Mongolian Trade Union], Professional associations, NGOs, IOs.
Human rights defenders & whistle-blowers
The Mongolian NAP makes no reference to Human rights defenders and whistle-blowers.
Indigenous Peoples
The Mongolian NAP makes no reference to indigenous peoples.
Judicial remedy
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.
(…)
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.
Land
CHAPTER II. Actions to improve the duty of the state in protecting human rights
11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation
Actions and measures to be implemented:
Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.
- Time frame: 2023-2025
- Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
- Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
- Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels.
Evaluate the performance of laws and regulations governing relations related to land displacement, resettlement and forced eviction, and take measures to protect citizens’ land tenure rights and improve procedures for valuing property and calculating compensation
- Time frame: 2023-2025
- Criteria: An assessment will be carried out and conclusions and suggestions will be made. Measures will be taken to improve the relevant procedures.
- Implementing organisations: Ministry of City and Urban Development (MCUD), Agency for Land Administration and Geodesy and Cartography (ALAMGC).
- Jointly implementing organisations: MET [Ministry of Environment and Tourism], MMHI [Ministry of Mining and Heavy Industry], MRTD [Ministry of Road and Transport Development], MoE [Ministry of Energy].
Assess relevant laws, regulations and standards related to urban planning and public services from the perspective of a human rights-based approach, take action to improve them, enforce implementation and increase accountability in case of violations.
- Time frame: 2023-2025
- Criteria: An assessment will be made and improvement measures will be carried out. Enforcement activities will be carried out.
- Implementing organisations: MCUD, ALAMGC
- Jointly implementing organisations: Governors of all levels.
Mandatory human rights due diligence
CHAPTER II – Actions to improve the duty of the state in protection human rights
4. Create the legal framework for business enterprises of all forms of ownership to carry out human rights due diligence in its operations.
Actions and measures to be implemented:
Develop guidelines and methodologies for human rights due diligence, promote them and build capacity for their practical implementation Conduct pilot projects in state and locally owned enterprises and other companies and present human rights due diligence reports to the public.
- Time frame: 2023-2025
- Criteria: The guidelines and methodology for human rights due diligence will be developed. Actions will be taken to promote the guidelines and methodology and to build capacity for conducting human rights due diligence. State and locally owned enterprises, as well as other companies, will be selected to conduct a human rights due diligence pilot project and the results will be presented.
- Implementing organisations: MoJHA, PCSP, Secretariat of National Committee on Gender Equality (NCGE), NHRCM [National Human Rights Committee of Mongolia], Secretariat of the NCHR.
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Small and Medium Enterprise Agency (SMEA), CMTU, State and locally-owned enterprises, Non-governmental organisations (NGOs), International Organisations (Ios).
Conduct a study and develop conclusions and recommendations to establish the legal framework for companies to conduct human rights due diligence in their operations and supply chain based on certain criteria (e.g. through amendments and changes to the laws regulating the operation of companies, the Law on Company, the Law on Securities Market and other applicable laws, etc.).
- Time frame: 2025 – 2027
- Criteria: A study will be conducted and conclusions and proposals will be made. Actions to be implemented will be determined.
- Implementing organisations: MoJHA, MLSP
- Jointly implementing organisations: MNCCI [Mongolian National Chamber of Commerce and Industry], Professional associations, state and locally-owned enterprises, NGOs.
Implement a project to support human rights due diligence for business enterprises that provide basic social services (health, education, public transport, landscape management) and legislate the obligations of these companies to prevent, identify and address negative human rights impacts.
- Time frame: 2025 – 2027
- Criteria: A draft law will be developed and submitted for approval. A project to support human rights due diligence will be carried out.
- Implementing organisations: Ministry of Construction and Urban Development (MCUD), Ministry of Education and Science (MES), Ministry of Health (MoH), Ministry of Road and Transport Development (MRTD), Secretariat of the NCHR, Secretariat of the Governor of the capital city, PCSP
- Jointly implementing organisations: Relevant ministries and organisations, Government monitoring implementing Agency (GMIA), IOs, NGOs.
CHAPTER THREE – Actions to improve the responsibilities of business enterprises to respect human rights
3. Strengthen the capacity to conduct human rights due diligence.
Actions and measures to be implemented:
Study and promote the forms of systems where business enterprises conduct human rights due diligence and risk assessment in business operations.
- Time frame: 2023-2025
- Criteria: A study will be carried out and measures to promote the most feasible forms to be introduced will be undertaken
- Implementing organisations: MNCCI, professional associations
- Jointly implementing organisations: NGOs
Implement programmes to share practises, promote awareness, training and capacity building among companies and organisations that have adopted business and human rights policies and have conducted due diligence or risk assessments on human rights in their business activities.
- Time frame: 2023-2027
- Criteria: The adoption of a human rights policy by businesses and organisations shall be encouraged and supported, and actions shall be taken to disseminate and share best practises in adopting such a policy and conducting human rights due diligence
- Implementing organisations: MED, MoJHA, SMEA,
- Jointly implementing organisations: Relevant ministries and organisations, MNCCI, MONEF, state and locally owned enterprises, NGOs.
Build the capacity of law firms, consultancies and civil society organisations providing human rights due diligence services and engage them in activities to introduce and localise the human rights due diligence system in companies and organisations.
- Time frame: 2023-2025
- Criteria: Actions to build capacity and ensure the participation of consultancies and civil society organisations providing legal aid services will be planned and implemented in several phases.
- Implementing organisations: MoJHA, MET, MLSP, MED, MCUD, MEDS, MMHI, MoFALI, MRTD, MoE, NGOs
- Jointly implementing organisations: MFA, Relevant ministries and organisations, Governors of all levels, MGA, AMA, IOs.
Migrant workers
The Mongolian NAP makes no reference to Migrant workers.
National Human Rights Institutions/ Ombudspersons
CHAPTER FOUR – Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness
6. Strengthen the complaints and dispute resolution activities of the National Human Rights Commission.
Actions and measures to be implemented:
Strengthen the capacity of the National Human Rights Commission to receive and resolve complaints of human rights violations related to business activities.
- Time frame: 2023-2027
- Criteria: An assessment of the performance of the Law on National Human Rights Commission will be made and appropriate conclusions will be drawn on the need for amendments and additions. Capacity-building measures for the handling of complaints will be implemented.
- Implementing organisations: NHRCM [National Human Rights Committee of Mongolia]
- Jointly implementing organisations: MoJHA [Ministry of Justice and Home Affairs], Relevant ministries and organisations.
Read more about National Human Rights Institutions/ Ombudspersons
Non-financial reporting
The Mongolian NAP makes no explicit reference to Non-financial reporting.
OECD National Contact Points
The Mongolian NAP makes no reference to OECD National Contact Points (NCPs).
Persons with disabilities
CHAPTER II. Actions to improve the duty of the state in protecting human rights
14. Create an inclusive and disability-friendly environment and support disabled people to become an active member of the economic sector
Actions and measures to be implemented:
Guarantee the implementation of the provisions of 144.1 to 144.4 of the Labour Code, which require all enterprises with 25 or more employees to employ persons with disabilities, in all enterprises, regardless of their form of ownership.
- Time frame: 2023-2025
- Criteria: Number of enterprises employing people with disabilities or purchasing products and services related to the employment of people with disabilities
- Implementing organisations: MLSP [Ministry o Labour and Social Protection], General Secretariat of the Development of Disabled Persons, General Secretariat of the Labour and Social Service, Mongolian Employers’ Association (MEA), MNCCI [Mongolian National Chamber of Commerce and Industry], Governors of all levels.
Increase opportunities to provide support for small and medium-sized enterprises employing people with disabilities through financial loans and premiums.
- Time frame: 2023-2025
- Criteria: The conditions and criteria for the granting of loans to disabled persons by the Foundation for the Promotion of SMEs
- Implementing organisations: MoF [Ministry of Finance], MoFALI [Ministry of Food, Agriculture and Light Industry].
Coordinate training on knowledge of the rights of persons with disabilities for all enterprises that have 25 or more employees.
- Time frame: 2023-2025
- Criteria: Numbers of the enterprises participated in the trainings
- Implementing organisations: MLSP, General Secretariat of the Development of Disabled Persons General Secretariat of the Labour and Social Service Mongolian employers’ association Mongolian National Chamber of Commerce and Industry Governors of all levels.
To ensure access for all disabled people to the entrances of the buildings of the major commercial centres and public services, all public places are classified and an inclusivity assessment of their infrastructure and dissemination of knowledge will be carried out by a professional organisation.
- Time frame: 2023-2024
- Criteria: Numbers of the companies that were evaluated
- Implementing organisations: Ministry of Road and Transport Development (MRTD) Ministry of Road and Transport Development Ministry of Digital Development and Communications MLSP General Secretariat of the Development of Disabled Persons
- Jointly implementing organisations: Mongolian employers’ association Mongolian National Chamber of Commerce and Industry Governors of all levels.
Prepare and implement specific plan and measures according to the inclusivity assessment
- Time frame: 2024-2025
- Criteria: Implementation of the adopted plan
- Implementing organisations: Ministry of Construction and Urban Development (MCUD) Ministry of Road and Transport Development (MRTD) Ministry of Digital Development and Communications MLSP General Secretariat of the Development of Disabled Persons
- Jointly implementing organisations: Mongolian employers’ association Mongolian National Chamber of Commerce and Industry Governors of all levels
Chapter THREE Actions to improve the responsibilities of business enterprises to respect human rights
5. Take actions to promotion of the Convention on the Rights of Persons with Disabilities, the 159th Convention of the International Labor Organization on Vocational Rehabilitation and Employment of Persons with Disabilities, the Law on the Rights of Persons with Disabilities, the Law on Labor, and the Law on Employment Promotion
Actions and measures to be implemented:
Develop training programmes and organise training and advocacy activities.
- Time frame: 2023-2025
- Criteria: The number of training programmes, courses, and public events
- Implementing organisations: MLSP, GADPWD [General Authority for Development of Persons with Disabilities], GALWS, MONEF [Mongolian Employers’ Federation], MNCCI, Governors of all levels.
- Jointly implementing organisations: NGOs
Public procurement
CHAPTER II. Actions to improve the duty of the state in protecting human rights
5. Create a legal environment that respects human rights standards and criteria in the procurement of goods, works and services with state and local funds, and in the selection of contractors in large development projects.
Actions and measures to be implemented:
Develop and promote awareness and understanding of human rights criteria and methodology in the procurement of goods, works, and services with state and local funds.
- Time frame: 2023-2025
- Criteria: Criteria and methodology will be developed and adopted. Actions will be taken to promote criteria and methodology and to build capacity.
- Implementing organisations: Ministry of Finance (MoF) State Procurement Agency (SPA) PCSP
- Jointly implementing organisations: All general budget governors Authority of Government Supervisory (AGS) Governors of all levels State and locallyowned enterprises Confederation of Mongolian Trade Unions (CMTU) Professional associations NGOs, IOs
In the Law on Procurement of Goods, Works and Services with State and Local Funds, include provisions on human rights criteria in the basic requirements and criteria for suppliers and contractors, and define organisations and their functions to provide technical and methodological support and carry out monitoring.
- Time frame: 2024-2025
- Criteria: The draft law will be developed and submitted for approval. The result will be presented to the government and the public.
- Implementing organisations: MoF, SPA.
- Jointly implementing organisations: All general budget governors PCSP GMIA Governors of all levels State and locally owned enterprises
Create a legal framework in which environmental and human rights obligations are taken into account in public-private partnership and investment agreements
- Time frame: 2023-2024
- Criteria: The draft law to amend the Law on Investment will be developed and submitted for approval.
- Implementing organisations: MED [Ministry of Economy and Development], MoF [Ministry of Finance].
- Jointly implementing organisations: Relevant ministries and agencies.
Security sector
The Mongolian NAP makes no reference to the Security sector.
Supply chains
CHAPTER II. Actions to improve the duty of the state in protecting human rights
4. Create the legal framework for business enterprises of all forms of ownership to carry out human rights due diligence in its operations.
Actions and measures to be implemented:
Develop guidelines and methodologies for human rights due diligence, promote them and build capacity for their practical implementation Conduct pilot projects in state and locally owned enterprises and other companies and present human rights due diligence reports to the public
- Time frame: 2023-2025
- Criteria: The guidelines and methodology for human rights due diligence will be developed. Actions will be taken to promote the guidelines and methodology and to build capacity for conducting human rights due diligence. State and locally owned enterprises, as well as other companies, will be selected to conduct a human rights due diligence pilot project and the results will be presented.
- Implementing organisations: MoJHA, PCSP, Secretariat of National Committee on Gender Equality (NCGE), NHRCM [National Human Rights Committee of Mongolia], Secretariat of the NCHR.
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Small and Medium Enterprise Agency (SMEA), CMTU, State and locally-owned enterprises, Non-governmental organisations (NGOs), International Organisations (Ios).
Conduct a study and develop conclusions and recommendations to establish the legal framework for companies to conduct human rights due diligence in their operations and supply chain based on certain criteria (e.g. through amendments and changes to the laws regulating the operation of companies, the Law on Company, the Law on Securities Market and other applicable laws, etc.).
- Time frame: 2025 – 2027
- Criteria: A study will be conducted and conclusions and proposals will be made. Actions to be implemented will be determined.
- Implementing organisations: MoJHA, MLSP
- Jointly implementing organisations: MNCCI [Mongolian National Chamber of Commerce and Industry], Professional associations, state and locally-owned enterprises, NGOs.
Implement a project to support human rights due diligence for business enterprises that provide basic social services (health, education, public transport, landscape management) and legislate the obligations of these companies to prevent, identify and address negative human rights impacts.
- Time frame: 2025 – 2027
- Criteria: A draft law will be developed and submitted for approval. A project to support human rights due diligence will be carried out.
- Implementing organisations: Ministry of Construction and Urban Development (MCUD), Ministry of Education and Science (MES), Ministry of Health (MoH), Ministry of Road and Transport Development (MRTD), Secretariat of the NCHR, Secretariat of the Governor of the capital city, PCSP
- Jointly implementing organisations: Relevant ministries and organisations, Government monitoring implementing Agency (GMIA), Ios, NGOs.
CHAPTER THREE. Actions to improve the responsibilities of business enterprises to respect human rights
4. Develop a system to promote and support business enterprises that embed a corporate culture and approach to respecting human rights in their operations.
Actions and measures to be implemented:
Select companies that respect human rights in their operations and supply chains and promote this culture, support their best practises at home and abroad, and encourage their cooperation.
- Time frame: 2023-2027
- Criteria: Criteria and procedures for business enterprises will be developed and distributed. An event will be organised to select and promote companies that respect human rights in their operations.
- Implementing organisations: MED PCSP Secretariat of NCGE MNCCI
- Jointly implementing organisations: MONEF CMTU State and locallyowned enterprises Professional associations NGOs IOs
Taxation
The Mongolian NAP makes no explicit reference to Tax.
The 2030 Agenda for Sustainable Development
The Mongolian NAP makes no explicit reference to Sustainable development
Tourism sector
The Mongolian NAP makes no reference to the Tourism sector.
Trade
CHAPTER FOUR. Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness
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 [Ministry of Foreign Affairs], MoJHA [Ministry of Justice and Home Affairs], MLSP [Ministry of Labour and Social Protection]
- Jointly implementing organisations : Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.
Disseminate information on international non-judicial (financial and investment) mechanisms for resolving complaints and disputes and raise awareness among citizens and the public.
- Time frame: 2023-2024
- Criteria: information, guidelines, and manuals will be developed and distributed. Events to promote awareness and understanding among the citizens and the general public will be organized.
- Implementing organisations: MoF [Ministry of Finance], MED [Ministry of Economy and Development], MMHI [Ministry of Mining and Heavy Industry].
- Jointly implementing organisations: Relevant ministries and organisations, CMTU, IOs.
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 [National Committee for Human Rights], NHRCM [National Human Rights Committee of Mongolia], CMTU, IOs.
Workers’ rights
CHAPTER II. Actions to improve the duty of the state in protecting human rights
1. Become a party to the international convention.
Actions and measures to be implemented:
Become a party to the International Labour Organisation (ILO) Convention No. 190 on the Elimination of Violence and Harassment in the Workplace.
- Time frame: 2023-2025
- Criteria: A study will be carried out and the decision will be made on becoming a party to the convention.
- Implementing organisations: Ministry of Labour and Social Protection (MLSP)
- Jointly implementing organisations: Ministry of Foreign Affairs (MFA), Relevant governmental organisations, Confederation of Mongolian Trade Union (CMTU)
6. Improve occupational safety and health requirements and standards.
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations of ILO Convention No. 155 on Safety and Health at Work, ILO Convention No. 176 on Safety and Health in Mines and ILO Convention No. 167 on Safety and Health in Construction and take measures to bring relevant laws and regulations into conformity with these Conventions.
- Time frame: 2023-2024
- Criteria: The compatibility of national laws and legislation with the relevant conventions is examined and appropriate conclusions and proposals are made. Draft amendments to relevant laws and legislation shall be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection], MMHI [Ministry of Mining and Heavy Industry], MCUD [ministry of Construction and Urban Development]
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], MoH [Ministry of Health], AGS [Authority of Government Supervisory], Relevant agencies
7. Enforce the implementation of legislation prohibiting forced labour and the worst forms of child labour.
Actions and measures to be implemented:
Verify that national legislation fully reflects the provisions and obligations of ILO [International Labour Organisation] Convention No. 29 on Forced Labour and ILO Convention No. 105 on the Abolition of Forced Labour and take measures to bring relevant legislation into conformity with these Conventions.
- Time frame: 2023-2024
- Criteria: The compatibility of national legislation with the applicable Conventions will be examined and appropriate conclusions and recommendations are made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection]
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs [International organisations].
Identify child employment violations in workplaces where the employment of minors is prohibited, conduct regular inspections and take action to eliminate violations.
- Time frame: 2023–2027
- Criteria: Monitoring and inspections will be carried out to eliminate the violations.
- Implementing organisations: MLSP, Monitoring unit of the relevant ministries, Family, Child, and Youth Development Agency (FCYDA).
Organise activities to raise awareness and understanding among employers and workers about forced labour, the worst forms of child labour and their abolition.
- Time frame: 2023–2027
- Criteria: Activities to raise awareness and understanding will be planned and organised in phases
- Implementing organisations: MLSP, FCYDA
- Jointly implementing organisations: Relevant ministries and agencies, MNCCI [Mongolian National Chamber of Commerce and Industry], MEF [Mongolia Economic Forum], CMTU [Confederation of Mongolian Trade Union], NGOs.
8. Eliminate discrimination in respect of employment and occupation, guarantee the right to a living wage adequate for a decent standard of living and the right to freedom of association
Actions and measures to be implemented:
Assess whether national legislation fully reflects the provisions and obligations under ILO Convention No. 100 on Equal Remuneration, ILO Convention No. 111 on Discrimination (Occupation and Employment) and Convention No. 87 on Freedom of Association and Protection of the Right to Organise, and take measures to bring relevant laws and legislation into conformity with these Conventions.
- Time frame: 2023–2025
- Criteria: The compatibility of national legislation with the applicable Conventions is examined and appropriate conclusions and recommendations will be made. Draft amendments to relevant laws and legislation will be prepared and submitted for approval.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection].
- Jointly implementing organisations: MFA [Ministry of Foreign Affairs], Relevant ministries and organisations, CMTU [Confederation of Mongolian Trade Union], IOs.
As part of the implementation of Article 103.2.1 of the Labour Code (revised edition), carry out the regular survey of the salary structure, develop a methodology to determine and adjust salaries to fairly and adequately reflect the cost of living (increase in line with inflation), take measures to introduce, promote and implement this in policy.
- Time frame: 2023-2024
- Criteria: A study shall be conducted and the methodology for adjusting and setting the salary to the cost of living shall be developed and adopted. Measures will be taken to promote and implement the methodology.
- Implementing organisations: MLSP, Tripartite National Committee for Labour and Social Partnership, Institute for Labour and Social Protection Training, Assessment and Research
- Jointly implementing organisations: SMEA [Small and Medium Enerprise Agency], MNCCI [Mongolian National Chamber of Commerce and Industry], Mongolian Employers’ Federation (MONEF), CMTU.
Following the Labour Code (revised edition) and in line with the objective of ensuring the right to freedom of association and collective bargaining in the field of employment and labour relations, we develop and promote methods and policies, raise awareness among employers and workers and enhance their roles and responsibilities, and organise activities to support their cooperation. Receive and process complaints and feedback on violations of the right to freedom of association and collective bargaining and provide advice.
- Time frame: 2023-2027
- Criteria: Methodology and guidelines will be developed and adopted. Actions to promote legislation, guidelines and methodology, raise awareness and understanding, build capacity, improve duties and responsibilities and support cooperation will be planned and implemented in several phases. The service for registration and advice on complaints and feedback on this issue will be improved.
- Implementing organisations: MLSP [Ministry of Labour and Social Protection], NHRCM [National Human Rights Commission of Mongolia], NGOs
- Jointly implementing organisations: Governors of all levels, MNCCI, MONEF [Mongolian Employers’ Federation], CMTU
Create the conditions for trade union committees to work independently and impartially, organise multilateral debates, make findings and proposals, and take action to amend the Mongolian People’s Republic Law on the Rights of Trade Union adopted in 1991.
- Time frame: 2023-2024
- Criteria: Discussions and consultation meetings will be organised and joint recommendations will be issued. Subsequently, draft legislative amendments will be prepared and submitted for approval.
- Implementing organisations: MLSP
- Jointly implementing organisations: Relevant ministries and organisations, governors of all levels, MNCCI, MONEF, CMTU, Professional associations
Conduct comprehensive assessment on the employment of specific groups at high risk
- Time frame: 2023-2025
- Criteria: Assessment will be carried out in phases. Measures to implement will be established.
- Implementing organisations: MLSP
- Jointly implementing organisations: Relevant ministries and organisations, Governors of all levels, CMTU,
13. Raise awareness and understanding of employment and build capacity.
Actions and measures to be implemented:
Organise training and activities to raise awareness and understanding of workers’ legitimate rights, safety at work, the right to organise and social security, and involve the media.
- Time frame: 2023 – 2027
- Criteria: Training and activities to increase awareness and understanding are organised in several phases. The information and recommendations will be disseminated through the media.
- Implementing organisations: MLSP, SIA [Social Insurance Agency], CMTU, NGOs
- Jointly implementing organisations : Governors of all levels, Media Council of Mongolia (MCM)
Train and build the capacity of lawyers to provide specialised legal assistance in the area of employment and industrial relations.
- Time frame: 2023-2027
- Criteria: Training and capacity building for lawyers and advocates providing specialised legal assistance is organised in several phases.
- Implementing organisations: MLSP
- Jointly implementing organisations: MoJHA [Ministry of Justice and Home Affairs], Mongolian Bar Association (MBA), Association of Mongolian Advocates (AMA), CMTU
CHAPTER FOUR – Actions to provide remedy for human rights violations, enhance the legal framework for compensation, and improve their effectiveness
1. Improve the system and mechanisms for preliminary hearings to resolve labour disputes.
Actions and measures to be implemented:
Conduct multifaceted activities to raise awareness among employers, workers and citizens on the mechanisms for resolving disputes over workers’ interests and rights, including labour mediators, labour arbitrators, workers’ rights dispute resolution commissions, tripartite workers’ rights dispute resolution committees at the soum and district levels and their procedures, and assist in their implementation.
- Time frame: 2023-2024
- Criteria: Training and promotional events will be planned and organised in several phases. Information will be disseminated via electronic means (e.g. telephone applications).
- Implementing organisations: MLSP, Governors of all levels, NGOs.
- Jointly implementing organisations: Relevant ministries and organisations, SMEA, MONEF, state and locally-owned enterprises.
(…)
5. Enhance the legal framework related to compensation of damages
Actions and measures to be implemented:
To improve the knowledge and understanding of employers and workers in relation to compensation for occupational accidents, acute poisoning and occupational diseases under the Labour Code and the Law on Pensions and Benefits provided by the Social Insurance Fund.
- Time frame: 2023-2025
- Criteria: The awareness raising measures will be conducted in phases.
- Implementing organisations: MLSP
- Jointly implementing organisations: SMEA, CMTU, MNCCI, MONEF, state and locally owned enterprises, NGOs
Organize information sessions and promotional events on employer’s liability insurance and its importance.
- Time frame:2023-2024
- Criteria: Information and promotional events will be organized in phases.
- Implementing organisations: MLSP, FRC
- Jointly implementing organisations: SMEA, CMTU, MNCCI, MONEF, NGOs.
Improve the legal provisions for calculating damages and conduct research and draw conclusions on the valuation of lost profits from livestock farming, which is the main form of economic subsistence and livelihood for rural people, as economic damages.
- Time frame: 2023-2025
- Criteria: A study will be conducted and conclusions and proposals will be advanced.
- Implementing organisations: MoFALI
- Jointly implementing organisations: MoJHA
