Law of Mongolia on Combating Trafficking In Persons – Chapter 2

Thank you very much to Amarjargal Davjayev from the Center for Human Rights and Development (CHRD) in Mongolia for providing me with these translations.

CHAPTER TWO – ORGANIZATION OF WORK RELATED TO COMBATING HUMAN TRAFFICKING

Article 5. Full powers of state organizations in respect of combating human trafficking
5.1. The Government shall exercise the following full powers in combating human trafficking:
5.1.1. Approve a Programme on Combating Human Trafficking, reflect in state budget and ensure approval of allocations required for its implementation;
5.1.2. Establish assistance fund for citizens of Mongolia living abroad who have become crime victims and approve relevant regulations;
5.1.3. Promote cooperation with non-governmental organizations in combating and preventing human trafficking and in protecting the rights of victims, support these organizations and shift to them execution of some services on the basis of agreement;
5.1.4. Take decision on establishing protection shelters for victims /further referred to as protection shelter/;
5.2. The state central administrative organization in charge of justice and home affairs shall exercise the following full powers:
5.2.1. Organize the work related to combating human trafficking within its full powers provided for in provision 7.3. of Article 7 of the Law on Prevention of Crimes;
5.2.2. Establish a data pool on human trafficking;
5.2.3. Approve monitoring regulations on prevention of foreign citizens visiting and working in Mongolia to become a victim of human trafficking and labour exploitation;
5.2.4. Promote cooperation within its competencies with relevant organizations of foreign countries on combating human trafficking crimes;
5.2.5. Approve together with the State General Prosecutor the regulations on protecting dignity and safety of victims;
5.2.6. Submit together with the state central administrative organization in charge of social welfare and labour proposals on establishing victim protection shelters;
5.2.7. Approve regulations on providing free legal counseling to victims.
5.3. The state central administrative organization in charge of foreign affairs shall exercise the following full powers in combating and preventing human trafficking:
5.3.1. Initiate work on acceding international treaties and concluding relevant agreements with foreign countries and international organizations on combating and preventing human trafficking, organize and report their implementation;
5.3.2. Protect the interests of citizens of Mongolia who have become a victim of human trafficking in other countries and provide to them relevant services;
5.3.3. Approve regulations on providing temporary housing to victims living abroad and returning them home;
5.3.4. Protect rights and interests of under-aged citizens of Mongolia adopted by foreign nationals.
5.4. The state central administrative organization in charge of social welfare and labour shall exercise the following full powers in combating human trafficking:
5.4.1. Get approved standards for providing care and services to victims and ensure their implementation;
5.4.2. Approve  regulations on providing professional training and employment for  crime victims
and ensure their implementation;
5.4.3. Provide support and assistance to non-governmental organizations engaged in protecting and taking care of victims;
5.4.4. Approve jointly with the state central administrative organization in charge of justice and home affairs regulations on requirements and placement of victims to protection shelters.
5.5. The state central administrative organization in charge of health shall exercise the following functions:
5.5.1. Approve regulations on providing medical and psychological rehabilitation  services to victims  and organize their implementation;
5.5.2. Organize training for medical staff on provision of relevant services to victims.
5.6. The state central administrative organization in charge of education, culture and science within its competencies shall organize work related to prevention from human trafficking of pupils and students at schools of  all levels.
5.7. Police and Intelligence Agency shall exercise duties related to detecting and suppressing human trafficking activities.
5.8. The Borders Protection Organization shall have the duty to clarify the identity of children crossing the border, establish the identity  and other travel details of guardians or persons accompanying children on the basis of credence certificate as well as  of the person who shall receive the kid.
5.9. The Professional Inspection Organization shall monitor within its competencies whether economic entities and organizations subject their workers to labour exploitation, forced labour, slavery or practices similar to slavery.
5.10. The Foreign Nationals and Citizenship Authority shall exercise control and inspection as to whether foreign nationals and stateless persons on a visit to Mongolia become subject to human trafficking.
5.11. The state administrative organization in charge of children shall direct preventive measures, training, research, monitoring and evaluation work at children vulnerable to human trafficking and submit proposals concerning further action necessary to undertake at the national level.

Article 6. The Sub-Council and its full powers
6.1. The Sub-Council charged with the duty to coordinate work on combating and preventing human trafficking and provide professional management / further referred to as the Sub-Council/ shall function within the Council on prevention of crimes.
6.2. The composition of the Sub-Council and its statute shall be approved by the Government member in charge of justice and home affairs.
6.3. The Sub-Council may comprise alongside with representatives of state organizations representatives of non-governmental organizations engaged in combating human trafficking as well as of foreign non-governmental organizations conducting activities in this field in Mongolia.
6.4. The activities of the Sub-Council shall be financed from the state budget.
6.5. The Sub- Council shall exercise the following full powers:
6.5.1. Coordinate the work of relevant organizations to ensure the implementation of the Law on combating human trafficking, consider and review their activity reports, carry out inspection and submit recommendations;
6.5.2. Initiate studies on conditions of human trafficking crimes by professional and research organizations, elaborate proposals on further actions and submit them to the Government for consideration through the Council on prevention of crimes;
6.5.3. Identify areas of cooperation with relevant organizations of other countries on combating human trafficking and promote cooperation;
6.5.4. Involve citizens, economic entities and organizations in combating human trafficking crimes, promote cooperation with them, provide support for their initiatives and organize crime prevention training and awareness-raising campaign for the public;
6.5.5. Submit to relevant organizations and officials and demand implementation of its proposals on taking responsibility measures against economic entities and officials who violate legislation on
combating human trafficking and create conditions for commission of offence;
6.5.6. Take measures to support and remunerate the citizens, economic entities, organizations and officials who effectively worked to implement the legislation on combating human trafficking crimes;
6.5.7. Elaborate proposals on allocating in the state budget of the funds required for financing the activities related to the implementation of the legislation and programme on combating human trafficking crimes;
6.5.8. Consolidate the data on human trafficking and its effects;
6.5.9. Conduct monitoring and evaluation on implementation of service standards provided to victims;
6.6. The Sub-Council shall have a meeting every three months.

Article 7. Duties of economic entities and organizations
7.1. Economic entities and organizations shall have to follow the guidelines and recommendations of the competent authorities within the framework of activities to ensure implementation of the legislation on combating human trafficking.
7.2. In case human trafficking is committed under the cover of a legal person, that legal person shall be dismantled by a court decision.

Article 8. Duties of mass media organizations
8.1. Mass media organizations shall have the following duties:
8.1.1. To publicize the legislation on  combating human trafficking, respect privacy and dignity of victims and refrain from reporting about victims without permission of a relevant official;
8.1.2. To avoid from advertisements aimed at luring into human trafficking and pornography ,or non-sanctioned advertisements on sending labour force abroad, mediating marriage with foreigners or arranging study abroad as well as from overt and covert advertisements likely to lead to committal of such crimes.

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