Mongolia

Not Available

Immigration detainees

2019

Not Available

Detained children

2017

21

New asylum applications

2019

21,128

International migrants

2019

3,300,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

27 September 2020

The Mongolian Military Mans a Checkpoint During a Covid-19 Outbreak Drill, on 7 May 2020, (A. Nyamdavaa,
The Mongolian Military Mans a Checkpoint During a Covid-19 Outbreak Drill, on 7 May 2020, (A. Nyamdavaa, "Practice Makes Perfect? Mongolia's Covid-19 Outbreak Drill," The Diplomat, 9 May 2020, https://thediplomat.com/2020/05/practice-makes-perfect-mongolias-covid-19-outbreak-drill/)

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.


Last updated:

ENFORCEMENT DATA

Total Migration Detainees: Flow + Stock (year)
Not Available
2019
Total Number of Children Placed in Immigration Detention (Year)
Not Available
2017
Criminal Prison Population (Year)
7,690
2014
7,930
2013
7,044
2010
7,570
2008
6,998
2005
7,256
2002
6,414
1999
6,070
1996
6,085
1993
Percentage of Foreign Prisoners (Year)
0.4
2014
0.3
2013
Prison Population Rate (per 100,000 of National Population)
262
2014
274
2013
255
2010
284
2008
274
2005
295
2002
268
1999
261
1996
267
1993

POPULATION DATA

Population (Year)
3,300,000
2020
2,959,000
2015
International Migrants (Year)
21,128
2019
17,600
2015
International Migrants as Percentage of Population (Year)
0.6
2015
Refugees (Year)
7
2018
6
2017
0
2016
9
2015
6
2014
New Asylum Applications (Year)
21
2019
0
2016
10
2014
Refugee Recognition Rate (Year)
100
2014
Stateless Persons (Year)
14
2016
16
2015

SOCIO-ECONOMIC DATA & POLLS

Gross Domestic Product per Capita (in USD)
4,129
2014
Remittances to the Country
265
2014
Unemployment Rate
2014
Net Official Development Assistance (ODA) (in Millions USD)
314.6
2014
Human Development Index Ranking (UNDP)
90 (High)
2015

B. Attitudes and Perceptions

MIGRATION-RELATED DETENTION

LEGAL & REGULATORY FRAMEWORK

Detention-Related Legislation
Law of Mongolia on the Legal Status of Foreign Nationals (2010) 2010
2010

GROUNDS FOR MIGRATION-RELATED DETENTION

LENGTH OF MIGRATION-RELATED DETENTION

MIGRATION-RELATED DETENTION INSTITUTIONS

PROCEDURAL STANDARDS & SAFEGUARDS

DETENTION MONITORS

TRANSPARENCY

READMISSION/RETURN/EXTRADITION AGREEMENTS

COVID-19

HEALTH CARE

COVID-19 DATA

INTERNATIONAL TREATIES

International Treaties Ratified
Ratification Year
Observation Date
OP ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
2010
2018
OP CRC Communications Procedure
2015
2018
VCCR, Vienna Convention on Consular Relations
1989
2017
ICERD, International Convention on the Elimination of All Forms of Racial Discrimination
1969
2017
ICESCR, International Covenant on Economic, Social and Cultural Rights
1974
2017
ICCPR, International Covenant on Civil and Political Rights
1974
2017
CEDAW, Convention on the Elimination of All Forms of Discrimination against Women
1981
2017
CAT, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2002
2017
CRC, Convention on the Rights of the Child
1990
2017
CRPD, Convention on the Rights of Persons with Disabilities
2009
2017
ICPED, International Convention for the Protection of All Persons from Enforced Disappearance
2015
2017
CTOCTP, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children
2008
2017
CTOCSP, Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime
2008
2017
OPCAT, Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
2015
2015
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, 1966 1991
1991
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2002
2002
CRPD, Optional Protocol to o the Convention on the Rights of Persons with Disabilities 2009
2009
CRC, [Third] Optional Protocol to the UN Convention on the Rights of the Child establishing a communications procedure, 2011 2015
2015
ICESCR, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008 2010
2010
Ratio of Complaints Procedures Accepted
Observation Date
5/8
2017
Relevant Recommendations Issued by Treaty Bodies
Recommendation Year
Observation Date
Committee on the Rights of the Child § 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." 2010
2010
Committee on the Elimination of Racial Discrimination § 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. 2019
2019

NON-TREATY-BASED INTERNATIONAL HUMAN RIGHTS MECHANISMS

Relevant Recommendations from the UN Universal Periodic Review
Observation Date
No 2011
2017
No 2015
2017
Yes 2020

REGIONAL HUMAN RIGHTS MECHANISMS

GOVERNANCE SYSTEM

Legal Tradition(s)
Customary law
2017
Civil law
2017

DETENTION COSTS

OUTSOURCING

FOREIGN SOURCES OF FUNDING FOR DETENTION OPERATIONS