Abolition of Forced Labour Convention, 1957 (No. 105) - Mongolia (Ratification: 2005)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously requested information on the application in practice of section 14.8.1 of the Criminal Code of 2015, which provides for penalties of fines or community service for the offences related to defamation of political parties and candidates participating in the election.

The Committee notes the Government’s information in its report that according to the Judicial General Council, from 2018 to 2020, no cases on spreading disinformation during elections were brought before the courts. However, according to the Prosecutor’s General Office, 11 cases of spreading disinformation during elections were registered and investigated, of which nine were closed and two cases were resolved. The Government also indicates that no cases under section 14.8.1 were registered as of April 2021. The Committee requests the Government to: (i) indicate if any sanctions were imposed for the cases indicated as resolved by the Prosecutors office and if so, the nature of the sanctions; (ii) continue to provide information on the application of section 14.8.1 in practice; and (iii) provide information on the provisions of the legislation concerning spreading false information and defamation offences.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee takes note of the new Criminal Code of 2015 that has come into effect on 1 July 2017. It notes that, according to the 2017 Report “Defamation and Insult Laws in the OSCE Region: A Comparative Study” of the Organization for Security and Co-operation in Europe (OSCE), the new Criminal Code repeals general criminal defamation provisions. The Committee notes that according to section 14.8.1 of the Criminal Code of 2015, defamation of political parties and candidates participating in the election is punishable by a fine or community service.The Committee requests the Government to indicate how section 14.8.1 of the Criminal Code of 2015 is applied in practice, including information on the number of convictions issued by the courts, the nature of the offences and the penalties imposed.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee takes note of the new Criminal Code of 2015 that has come into effect on 1 July 2017. It notes that, according to the 2017 Report “Defamation and Insult Laws in the OSCE Region: A Comparative Study” of the Organization for Security and Co-operation in Europe (OSCE), the new Criminal Code repeals general criminal defamation provisions. The Committee notes that according to section 14.8.1 of the Criminal Code of 2015, defamation of political parties and candidates participating in the election is punishable by a fine or community service. The Committee requests the Government to indicate how section 14.8.1 of the Criminal Code of 2015 is applied in practice, including information on the number of convictions issued by the courts, the nature of the offences and the penalties imposed.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(d) of the Convention. Sanctions involving compulsory labour as a punishment for participation in strikes. The Committee previously noted that, under section 123 of the Labour Law a strike may be declared unlawful if it is held in violation of sections 119.1(which describes the cases in which a strike may be called) and 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law. The Committee requested the Government to indicate the kind of sanctions that may be applied for participation in such strikes.

The Committee notes the Government’s indication that the possible sanction for violating provisions related to strikes is only the imposition of a fine and not imprisonment or order to work. By virtue of section 141.1.10 if a citizen or an official has participated as a third party in negotiations of collective contracts and agreements, organising of the strike, temporary lock-out of the working place, or in the exchange by the parties of their opinions on disagreements and making a free choice, the judge shall fine that citizen or official as well as a business entity or organization. Section 141.14 also provides that if a citizen or an official has violated subsection 141.1.6 of this law and organized the strike at institutions where a strike is prohibited the judge shall fine that citizen or an official as well as a business entity or organization. The Government further adds that the labour law does not have other penalties apart from the imposition of fines by the court. Section 123.1.16 provides that “Judge to impose a penalty equal to 50 to 99 times the minimum wage, if the accused demand employees to participate, continue, refuse or terminate the strike in cases not specified in the law”. Thus, the Committee notes that workers who go on an illegal strike will not be liable to a penalty involving compulsory labour.

Supply of legislation. The Committee notes that the Government did not provide the requested legislation. In order to enable the Committee to fully examine the application of the Convention, it reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Communication of texts. In order to enable the Committee to fully examine the application of the Convention, it reiterates its request to the Government to supply with its next report copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations.

Article 1(d) of the Convention. The Committee previously noted that, under section 123 of the Labour Law, a strike will be considered unlawful if it is held in violation of section 119.1 (which describes the cases in which a strike may be called); if it has been organized by any restricted organization specified in section 122.1 (organizations in charge of state defence, national security and public order); or if it has been organized in connection with matters not related to employment relations regulated by collective agreements. While noting that under section 141.1.14 of the Labour Law, persons who organize a strike in violation of section 122.1 (restricted organizations) shall be punished with fines, the Committee requested the Government to indicate the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to section 123.1 (as a consequence of the violation of section 119.1 referred to above) and section 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law.

The Committee notes the Government’s indication that there is a lack of information on strikes and temporary lockouts of workplaces since matters are not regulated by collective agreements as provided for by the Labour Law. The Government further states that in 2011 a strike took place in a state-owned bio plant due to a dispute over the newly appointed management and that no cases of strikes or lockouts were registered in organizations providing defence and national security (which are prohibited pursuant to section 122.1 of the Labour Law).

While noting the information provided by the Government as regards the application in practice of provisions relating to strikes and lockouts, the Committee reiterates its request to the Government to indicate the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to sections 123.1 and 123.3 of the Labour Law. The Committee also requests the Government to provide information on the application in practice of provisions imposing such sanctions.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Communication of texts. The Committee again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations. Please also provide a copy of a full updated text of the Law on Forced Labour as Administrative Sanction, 2000.

Article 1(d) of the Convention. The Committee notes that, under section 123 of the Labour Law, a strike will be considered unlawful if it is held in violation of section 119.1 (which describes the cases in which a strike may be called); if it has been organized by any restricted organization specified in section 122.1 (organizations in charge of state defence, national security and public order); or if it has been organized in connection with matters not related to employment relations regulated by collective agreements specified in sections 18 and 19 of the Law. The Committee also notes that, under section 141.1.14 of the Labour Law, persons who organize a strike in violation of section 122.1 (restricted organizations) shall be punished with fines.

The Committee requests the Government to indicate in its next report the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to section 123.1 (as a consequence of the violation of section 119.1 referred to above) and section 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law. Please also provide information on the application in practice of provisions imposing such sanctions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Communication of texts. The Committee again requests the Government to supply copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; and laws governing assemblies, meetings and demonstrations. Please also provide a copy of a full updated text of the Law on Forced Labour as Administrative Sanction, 2000.

Article 1(d) of the Convention. The Committee notes that, under section 123 of the Labour Law, a strike will be considered unlawful if it is held in violation of section 119.1 (which describes the cases in which a strike may be called); if it has been organized by any restricted organization specified in section 122.1 (organizations in charge of state defence, national security and public order); or if it has been organized in connection with matters not related to employment relations regulated by collective agreements specified in sections 18 and 19 of the Law. The Committee also notes that, under section 141.1.14 of the Labour Law, persons who organize a strike in violation of section 122.1 (restricted organizations) shall be punished with fines.

The Committee requests the Government to indicate in its next report the kind of sanctions that may be applied for participation in strikes declared unlawful pursuant to section 123.1 (as a consequence of the violation of section 119.1 referred to above) and section 123.3 (where a strike is not relevant to the matters regulated by the collective agreement) of the Labour Law. Please also provide information on the application in practice of provisions imposing such sanctions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Communication of texts. The Committee requests the Government to supply, with its next report, a copy of an updated and consolidated text of the Criminal Code, as well as copies of laws and regulations governing the execution of penal sentences (e.g. the Law on Enforcement of Court Order, 2002). Please also communicate copies of the legislation in force in the following fields: laws governing the press and other media; laws governing political parties and associations; laws governing assemblies, meetings and demonstrations.