Assessing compliance of the Mongolian prisons with ILO Conventions Nos. 29 and 105 on forced labour

Mongolia had ratified the ILO Forced Labour Convention, 1930 (No. 29) and the ILO Abolition of Forced Labour Convention, 1957 (No. 105). Convention No. 29 sets out specific requirements for the employment of prisoners. When properly organized, voluntary vocational rehabilitation and employment in prisons can bring benefits to inmates, including enhanced employability and easier work reintegration on release. However, any work or service exacted from any person as a consequence of a conviction in a court of law, which is not carried out under the supervision and control of a public authority, or in which the person is hired by or placed at the disposal of private individuals, companies, or associations, constitutes a violation of Convention No. 29.

In 2016, the ILO and the National Human Rights Commission of Mongolia (NHRCM) conducted a study on prison labour and employment conditions of convicts in Mongolia to assess compliance with ILO Convention No. 29. The results suggested that prisoners were hired by or placed at the disposal of private companies without their formal consent and without adequate working conditions, which raised concerns about compliance with the Convention. The study also identified various areas where Mongolian national law and practices required revision to ensure compliance with Mongolia’s international obligations and for the benefit of the prisoners themselves.

Against this backdrop, a new study was conducted by the NHRCM and the ILO to assess the progress made since 2016. The study used a combination of qualitative and quantitative research methods. The research was conducted in 11 out of 21 prisons across Mongolia. A total of 1,243 prisoners participated in the research, representing 27 per cent of the total number of prisoners sentenced in 2022. Observation missions were conducted in all the prisons in the sample, and in-depth interviews with prisoners and prison staff enhanced the research team’s understanding of the conditions and characteristics of prison work.

This report presents the findings of this research and suggests that progress has been made in relation to the regulatory framework through legislative reforms and the introduction of new specialized regulations in response to the recommendations of the 2016 study.

The results also indicate that the overwhelmingly majority of prisoners (92 per cent) had been working, and most indicated that they had been doing so voluntarily. However, only 55 per cent of those working had signed an employment contract with a prison or contractor, and 14 per cent were exposed to occupational safety health risks. None of the prisoners serving a life sentence had been working, nor had any of the young offenders detained in the juvenile facility. A small share (6.4 per cent) of the interviewed prisoners worked outside their prison, under contract with private organizations. While most of those who did so (89 per cent) were supervised by prison staff, in some instances they were supervised by private guards (1 per cent) or in conjunction with private entities (7.8 per cent), which raises questions about compliance with Convention No. 29.

Moreover, the research reveals work-related punishments, such as assignment of extra work and being beaten, as well as lack of proper hygiene and limited access to clean water. Although these are limited cases and do not directly relate to compliance with ILO conventions, they are serious issues that may deserve attention.

The report identifies various areas in which Mongolian national law and practices may be improved to ensure that the employment of prisoners is organized in a manner that is in full compliance with Mongolia’s international obligations and is beneficial for the prisoners themselves.