Working conditions in prisons in Mongolia: Results from qualitative research

Mongolia is party to the ILO Forced Labour Convention, 1930 (No. 29) and the 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 2024, 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 Conventions No. 29 and No. 105. Field research was carried out in 2021–22 in 11 out of 21 prisons across Mongolia, including open and closed prisons, a prison with inmates serving life sentences and a juvenile training and correction facility. Findings suggest that progress has been made with respect to the legislative framework and specialized regulations. Moreover, results 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. 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.

The present qualitative research aims to complement these findings by learning from former convicts, who might express their views more freely than those currently in prisons. In-depth interviews were conducted among 20 formerly incarcerated individuals who had been convicted and served prison sentences. To ensure geographical variation, the research team collaborated with community workers of seven khoroos of Sukhbaatar, Chingeltei (the central districts), and Songinokhairkhan, a suburban district. An attempt was made to recruit participants from a place other than Ulaanbaatar, Umnugobi aimag, but this was unsuccessful. Community workers were asked to distribute information about the research (research goals, who could participate, contact information) to citizens of the administrative units and to arrange interviews with respondents. All interviews were conducted online, as interviewees preferred it.

Interview guidelines were developed to assess the characteristics and conditions of prison work. In particular, the research focused on whether there was any discrimination in work assignments, the types of work and workplaces, and the final use of goods produced. Questions about working conditions were developed to learn about conditions of workplaces, working hours, salary and benefits, and labour safety and risks.

Given the small number of respondents, the results are not representative of the prison population. Nevertheless, the in-depth interviews provide important insights into the experience of these individuals and shed light on the use of prison labour. Moreover, they complement the quantitative research conducted by the ILO and the NHRCM. This qualitative research in fact reveals that none of those interviewed worked during their pre-trial detention and that they were not charged with strikes, political crimes or labour discipline. Moreover, the results indicate that prisoners prefer working outside the prison for private enterprises and individuals due to the opportunity of being released earlier, and because they feel it is better than staying inside the prison. However, most did not enjoy the workplace conditions, work hours, salaries and safety conditions. Risks and dangers were high for construction, logging, woodworking and wood crafting. A couple of interviewees revealed that they witnessed severe injuries to others, causing permanent disabilities. In addition to risks and dangers, there are health-threatening conditions such as humidity and dust.