An empirical study: Prison labour and employment conditions of convicts in Mongolia

This report presents the results of a study carried out by the National Human Rights Commission of Mongolia (NHRCM) with technical support from the International Labour Organization (ILO) Forced Labour Action in the Asian Region (FLARE project). The study reviews Mongolia’s legal framework, and documents nature and organization of prison labour in Mongolia. Field research for the study was carried out in prisons No. 407, No. 417 and No. 421 between June and November 2013, with a total of 522 prisoners participating in the survey.The ILO Forced Labour Convention, 1930 (No. 29) sets 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 upon release. However, if convicts doing compulsory work are hired to or placed at the disposal of private individuals, companies, or associations or the work or service is not carried out under the supervision and control of a public authority, this constitutes a violation of Convention No. 29, which Mongolia ratified in 2005. There are currently an estimated 21 million forced labour victims worldwide. The 2030 Development Agenda targets “immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking” as part of the wider goal to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all (SDG Goal 8). The report identifies various areas in which Mongolian national law and practices may be reviewed to ensure that the private 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. We hope that this report will inspire continued policy discussions on prison labour in Mongolia and on international fora.