Mongolia has been lauded for its efforts to contain the coronavirus despite having a long, porous border with China. As of 23 September, there had been 313 confirmed cases of COVID-19, and no deaths. However, there appears to be no publicly available information indicating the impact of the virus on migrants or asylum seekers, or […]
Last updated:
From the Working Group on Arbitray Detention, report on visit to Mongolia, 5 July 2023:
E. Detention in the context of migration
27. The Working Group was pleased to learn that there is no practice of systemic detention in the context of migration in Mongolia. The Working Group was informed that only seven foreign nationals had been detained in 2022 because of breaching their visa conditions and that no one was being held at the immigration detention facility during its visit. It was also informed that there is a presumption against detention, especially against the detention of families, women and children, which is highly commendable.
28. The Working Group also notes the current provisions of the Law on the Legal Status of Foreign Nationals, specifying a maximum upper limit for detention in the immigration context in law. Under article 36.6, the law permits detention ordered by a judge for a period of up to 14 days, which can be extended, once, by a period of up to 30 days based on the proposal by the State administrative body in charge of foreign nationals. The Working Group recalls the importance of ensuring that immigration detention facilities are located in different premises from criminal justice facilities.
29. Since the announcement of partial mobilization in the Russian Federation on 21 September 2022, there has been a large influx of Russian citizens to Mongolia. Noting that there are no visa requirements for Russian citizens to enter Mongolia for periods up to 30 days, people have been able to arrive freely and some special arrangements have been put in place to assist them with the legalization of their status after the initial 30-day period, including arrangements for different types of visas and even temporary residence permits. No Russian citizens have been detained in the context of this recent situation. The Working Group lauds the approach adopted by the Government in this regard.
DETENTION STATISTICS
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL DETENTION MONITORING
International Monitoring Bodies that Carry Out Detention Monitoring Visits
Monitoring body
Frequency
Subcommittee for the Prevent of Torture (SPT-OPCAT)
Rarely
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2010
2018
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2002
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2008
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2008
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2015
2017
Ratio of relevant international treaties ratified
Ratio: 14/19
Individual Complaints Procedures
Acceptance Year
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 19661991
1991
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 20082010
2010
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 20112015
2015
Relevant Recommendations or Observations Issued by Treaty Bodies
Treaty Body
Committee against Torture
Recommendation Year
2024
Recommendation Excerpt
34. The State party should ensure that no one may be expelled, returned or
extradited to another State where there are substantial grounds for believing that he or
she would run a personal and foreseeable risk of being subjected to torture. In
particular, the State party should take all necessary steps to bring its bilateral and
multilateral agreements on extradition into conformity with the principle of
non-refoulement. The State party should further take all legislative steps to establish
comprehensive national asylum legislation and procedures that provide effective
protection to asylum-seekers and refugees against refoulement to a State where there
are substantial grounds for believing that they would be in danger of being subjected to
torture or ill-treatment, in accordance with article 3 of the Convention. The State party
should consider acceding to the 1951 Convention relating to the Status of Refugees and
its 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons and
the 1961 Convention on the Reduction of Statelessness.
extradited to another State where there are substantial grounds for believing that he or
she would run a personal and foreseeable risk of being subjected to torture. In
particular, the State party should take all necessary steps to bring its bilateral and
multilateral agreements on extradition into conformity with the principle of
non-refoulement. The State party should further take all legislative steps to establish
comprehensive national asylum legislation and procedures that provide effective
protection to asylum-seekers and refugees against refoulement to a State where there
are substantial grounds for believing that they would be in danger of being subjected to
torture or ill-treatment, in accordance with article 3 of the Convention. The State party
should consider acceding to the 1951 Convention relating to the Status of Refugees and
its 1967 Protocol, the 1954 Convention relating to the Status of Stateless Persons and
the 1961 Convention on the Reduction of Statelessness.
Sources
Committee against Torture, "Concluding observations on the third periodic report of Mongolia", 20 November 2024, United Nations General Assembly, (paragraph 34), https://uhri.ohchr.org/en/document/3841d954-db7e-443b-94e1-344ee60d4cdd
Treaty Body
Committee against Torture
Recommendation Year
2016
Recommendation Excerpt
Non-refoulement
35. The Committee is concerned that, while chapters 46 and 47 of the Code of Criminal Procedure regulating the extradition of foreign citizens or stateless persons who have committed crimes or have been sentenced to punishments in the territory of a foreign country provide for grounds for refusing extradition, they do not cover instances related to sufficient grounds to consider the risk of torture and that bilateral and multilateral extradition agreements concluded by the State party may not respect the principle of non- refoulement (arts. 2, 3 and 16).
...
36. The State party should:
(a) Take effective legislative, judicial and administrative measures to comply with its obligations regarding non-refoulement under article 3 of the Convention;
(b) Ensure that legislation that deals with the deportation of foreign citizens allows for appeals to courts against deportation orders to have a suspensive effect;
(c) Ensure that no person is expelled, returned or extradited to countries where there are substantial grounds for believing that he or she would be in danger of being subjected to torture;
(d) Ensure that the bilateral and multilateral extradition agreements concluded by the State party respect the principle of non-refoulement;
(e) Consider acceding to the Convention relating to the Status of Refugees and its Protocol.
...
43. The Committee invites the State party to ratify the core United Nations human rights treaties to which it is not yet party, namely, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance.
35. The Committee is concerned that, while chapters 46 and 47 of the Code of Criminal Procedure regulating the extradition of foreign citizens or stateless persons who have committed crimes or have been sentenced to punishments in the territory of a foreign country provide for grounds for refusing extradition, they do not cover instances related to sufficient grounds to consider the risk of torture and that bilateral and multilateral extradition agreements concluded by the State party may not respect the principle of non- refoulement (arts. 2, 3 and 16).
...
36. The State party should:
(a) Take effective legislative, judicial and administrative measures to comply with its obligations regarding non-refoulement under article 3 of the Convention;
(b) Ensure that legislation that deals with the deportation of foreign citizens allows for appeals to courts against deportation orders to have a suspensive effect;
(c) Ensure that no person is expelled, returned or extradited to countries where there are substantial grounds for believing that he or she would be in danger of being subjected to torture;
(d) Ensure that the bilateral and multilateral extradition agreements concluded by the State party respect the principle of non-refoulement;
(e) Consider acceding to the Convention relating to the Status of Refugees and its Protocol.
...
43. The Committee invites the State party to ratify the core United Nations human rights treaties to which it is not yet party, namely, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance.
Sources
Committee against Torture, "Concluding observations on the second periodic report
of Mongolia," United Nations,
Treaty Body
Committee on the Rights of the Child
Recommendation Year
2010
Recommendation Excerpt
§ 64. "The Committee reiterates its recommendation (CRC/C/15/Add.264, para. 57) to the State party to ratify the 1951 Convention relating to the Status of Refugees and its 1967 Protocol r) that the State party, taking into account article 22 and other relevant provisions of the Convention, take all feasible measures to ensure full protection and care, as well as access to health, social services and education, of asylum-seeking and refugee children in the State party r) the establishment of a database to obtain disaggregated data on asylum-seeking and refugee children and to guide a comprehensive policy r) that the State party ratify the CMW."
Sources
Committee on the Rights of the Child, "Consideration of Reports Submitted by States Parties under Article 44 of the Convention," CRC/C/MNG/CO/3-4, 29 March 2010, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fMNG%2fCO%2f3-4&Lang=en
Treaty Body
Committee on the Elimination of Racial Discrimination
Recommendation Year
2019
Recommendation Excerpt
§ 16. The State party take effective measures to fully guarantee the rights of asylum seekers, refugees and stateless persons to access health care, education and employment services, without discrimination. The Committee encourages the State party to ratify the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. § 18. The State party increase its efforts to enforce its legislation to prohibit forced or compulsory labour and provide protection for migrant workers, notably by taking effective measures to fully guarantee their rights to access health care, education and employment services, without discrimination. It also recommends that the State party establish effective monitoring and inspection mechanisms to combat substandard working and living conditions for migrant workers to ensure that they enjoy the same working conditions as Mongolians and that they meet the international standards set forth in the Labour Inspection Convention, 1947 (No. 81), the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Domestic Workers Convention, 2011 (No. 189) and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) of the International Labour Organization.
Sources
Committee on the Elimination of Racial Discrimination," Concluding observations on the combined twenty-third and twenty-fourth periodic reports of Mongolia," CERD/C/MNG/CO/23-24, 17 September 2019, https://uhri.ohchr.org/Document/File/30c0210c-c856-4f65-b4cf-76338b659b3c/49A7289D-DADF-4224-A2A0-B5848362AADA
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
Treaty Body
Working Group on arbitrary detention
Decision Date
2023
Case Details
E. Detention in the context of migration
27. The Working Group was pleased to learn that there is no practice of systemic detention in the context of migration in Mongolia. The Working Group was informed that only seven foreign nationals had been detained in 2022 because of breaching their visa conditions and that no one was being held at the immigration detention facility during its visit. It was also informed that there is a presumption against detention, especially against the detention of families, women and children, which is highly commendable.
28. The Working Group also notes the current provisions of the Law on the Legal Status of Foreign Nationals, specifying a maximum upper limit for detention in the immigration context in law. Under article 36.6, the law permits detention ordered by a judge for a period of up to 14 days, which can be extended, once, by a period of up to 30 days based on the proposal by the State administrative body in charge of foreign nationals. The Working Group recalls the importance of ensuring that immigration detention facilities are located in different premises from criminal justice facilities.
29. Since the announcement of partial mobilization in the Russian Federation on 21 September 2022, there has been a large influx of Russian citizens to Mongolia. Noting that there are no visa requirements for Russian citizens to enter Mongolia for periods up to 30 days, people have been able to arrive freely and some special arrangements have been put in place to assist them with the legalization of their status after the initial 30-day period, including arrangements for different types of visas and even temporary residence permits. No Russian citizens have been detained in the context of this recent situation. The Working Group lauds the approach adopted by the Government in this regard.
27. The Working Group was pleased to learn that there is no practice of systemic detention in the context of migration in Mongolia. The Working Group was informed that only seven foreign nationals had been detained in 2022 because of breaching their visa conditions and that no one was being held at the immigration detention facility during its visit. It was also informed that there is a presumption against detention, especially against the detention of families, women and children, which is highly commendable.
28. The Working Group also notes the current provisions of the Law on the Legal Status of Foreign Nationals, specifying a maximum upper limit for detention in the immigration context in law. Under article 36.6, the law permits detention ordered by a judge for a period of up to 14 days, which can be extended, once, by a period of up to 30 days based on the proposal by the State administrative body in charge of foreign nationals. The Working Group recalls the importance of ensuring that immigration detention facilities are located in different premises from criminal justice facilities.
29. Since the announcement of partial mobilization in the Russian Federation on 21 September 2022, there has been a large influx of Russian citizens to Mongolia. Noting that there are no visa requirements for Russian citizens to enter Mongolia for periods up to 30 days, people have been able to arrive freely and some special arrangements have been put in place to assist them with the legalization of their status after the initial 30-day period, including arrangements for different types of visas and even temporary residence permits. No Russian citizens have been detained in the context of this recent situation. The Working Group lauds the approach adopted by the Government in this regard.
Sources
United Nations Working Group on Arbitrary Detention, "Visit to Mongolia: Report of the Working Group on Arbitrary Detention," 30 August 2023, https://reliefweb.int/report/mongolia/visit-mongolia-report-working-group-arbitrary-detention-ahrc5451add2-enarruzu.
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
Recommendation Issued
No
Year Issued
2015
Sources
Report of the Working Group on the Universal Periodic Review Mongolia, A/HRC/30/6, 13 July 2015, https://www.upr-info.org/sites/default/files/document/mongolia/session_22_-_may_2015/a_hrc_30_6_e.pdf
Recommendation Issued
No
Year Issued
2011
Sources
Report of the Working Group on the Universal Periodic Review Mongolia, A/HRC/16/5, 4 January 2011, https://www.upr-info.org/sites/default/files/document/mongolia/session_9_-_november_2010/ahrc165mongoliae.pdf
Recommendation Issued
Yes
Year Issued
2020
Sources
Human Rights Council, "Report of the Working Group on the Universal Periodic Review: Mongolia," A/HRC/46/9, 28 December 2020, https://uhri.ohchr.org/Document/File/23f767eb-93b1-480b-ab5c-d70b743715b3/66554712-E526-4621-AA97-3303B2988AA9
REGIONAL HUMAN RIGHTS MECHANISMS
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Mongolia has been lauded for its efforts to contain the coronavirus despite having a long, porous border with China. As of 23 September, there had been 313 confirmed cases of COVID-19, and no deaths. However, there appears to be no publicly available information indicating the impact of the virus on migrants or asylum seekers, or whether people in detention or prisons were given additional safeguards to prevent the spread of the disease.
The Law of Mongolia on the Legal Status of Foreign Nationals provides that foreign nationals can be detained for immigration-related offences, and that detention centres are to be established in the capital city and/or at border checkpoints. The rules of operation for these detention centers are to be approved by a Member of Cabinet in charge of justice in consultation with the State Prosecutor. However, little information is publicly available regarding the treatment of migrants or asylum seekers in immigration enforcement procedures in the country.
The Mongolian constitution guarantees the right to seek asylum; however, the Child Education Institute of Mongolia and the Institute on Statelessness and Inclusion report that protection is “poor and the law permits the Agency for Foreign Citizens and Naturalization (the country’s immigration agency) to deport failed asylum seekers.” In addition, refugees reportedly do not have access to necessary services such as health care and education, nor the right to work. In its 2020 UPR submission on Mongolia to the Human Rights Council, Amnesty International recommended that the country ratify the UN Refugee Convention.
Because of its long border with China, Mongolia has long been seen as being particularly vulnerable to human trafficking activities. These concerns have grown as the country’s demand for cheap labour for its mining industry has increased. According to the 2020 U.S. Trafficking in Persons Report, while there have been positive developments in the government’s identification of victims and prosecution of traffickers, there remain gaps in its ability to identify foreign or male victims, establish standard identification or referral procedures, and investigate cases of labour exploitation.
