Law of Mongolia on Combating Trafficking In Persons – Chapters 3 & 4

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 THREE – FORMS OF ACTIVITIES ON  COMBATING HUMAN TRAFFICKING

Article 9. Protection shelter
9.1. Protection shelter shall be run for the purpose of protecting victim’s dignity, privacy and safety.
9.2. In case a person claiming to be a victim applies for a protection shelter directly or  through police, measures shall be taken for immediate provision of protection, care and services.
9.3.Irrespective of whether a victim expressed wish to cooperate with police or other competent organization on human trafficking, the victim shall be placed temporarily in a protection shelter.
9.4. Protection shelters may be run by a non-governmental organization by a decision from the Sub-Council.

Article 10. Protection of dignity, identity and safety of victims
10.1. Identity, address and other personal information of victims and their parents shall be confidential and transmission of such information through mass media, provision of such information to others and broadcasting and showing of victims’ faces and voices in a recognizable way shall be prohibited.
10.2. In case the victim so desires it shall be prohibited to inform other family members about becoming a victim of human trafficking crime.
10.3. Disclosure of private information related to human trafficking crime victims by officials who due to their responsibilities participated in crime detection, investigation and court proceedings as well as by other participants     shall be prohibited.
10.4. In case of necessity, measures shall be taken to ensure confidentiality of victims’ identity and whereabouts at the stage of inquiry, investigation and resolving of the case.

Article 11. Protection of foreign nationals and stateless persons
11.1. In case foreign nationals or stateless persons become victims on the territory of Mongolia it shall be prohibited by the decision of  inquiry and investigation organization, prosecutor and court to take measures for forced repatriation because of violation of the country’s travel and migration regime.
11.2. In case foreign nationals or stateless persons become victims on the territory of Mongolia the state administrative organization in charge of foreign nationals and citizenship shall give permit for temporary residence in the country irrespective of the purpose of the entry into Mongolia until the crime case is resolved by the court.

Article 12. Services to be provided to victims
12.1. The following services shall be provided to victims:
12.1.1. rehabilitation treatment to restore health;
12.1.2. psychological rehabilitation treatment;
12.1.3. provision of employment and professional training;
12.1.4. legal counselling;
12.1.5. provision of a temporary housing, foods, foreign passport or similar with it document, repatriation to home;
12.2. The services under provisions 12.1.1. and 12.1.2. of Article 12 shall be provided by medical establishments, services to victims under provision 12.1.3. shall be provided by labour and social welfare organization, services under provision 12.1.4. shall be provided by state administrative organization in charge of justice and services under provision 12.1.5. shall be provided by  diplomatic missions representing Mongolia in foreign countries.
12.3. Services to be provided to victims shall be free of charge.

Article 13. Protection of victim children
13.1. In case children are considered to have become crime victims, inquiry and investigation organs and protection shelter shall take immediate measures to establish and find their parents .
13.2. In case parents of victim children are not established the state administrative central organization in charge of social welfare and labour shall be approached to find their guardians or custodians.
13.3. Victim children shall be placed in protection shelters separately from adults.
13.4. The state administrative organization in charge of children affaires shall have the duty to enroll victim children into school of corresponding level.

Article 14. Protection and remuneration of citizens who provided information on human trafficking
14.1. Witnesses who provided important testimony and citizens who provided objective information related to crime in the course of revealing, registering, investigating and resolving human trafficking cases may be included in victims’ protection measures stipulated in Articles 10 of this Law with a view to ensure their safety.
14.2. The Police Department shall provide cash remuneration to citizens who provided true and objective information on human trafficking.

Article 15. Compensation of damage
15.1. Crime victims shall have the right to seek payment by guilty persons of compensation for damage to property, dignity and morality.
15.2. Victim’s psychological damage shall be compensated by payment of cash.
15.3. The size of compensation for psychological damage shall be established by court taking into account the case context within the range of the victim’s claim.

Article 16. Financing of anti-human trafficking activities
16.1. Funding for activities related to combating human trafficking shall be recruited from:
16.1.1. state and local budget allocations;
16.1.2. allocations for crime prevention activities as provided for in provision 19.1. of the Law on Prevention from Crime;
16.1.3. contributions and assistance from foreign countries and international organizations;
16.1.4. funds raised at the initiative of governmentral and non-governmental organizations, economic entities and citizens;
16.1.5. other sources.

CHAPTER FOUR – MISCELLANEOUS

Article 17. Liability for the violation of the legislation
17.1.In case a person convicted of violating the Law on Combating Human Trafficking  is not liable to criminal offence , the judge shall impose administrative offences as follows:
17.1.1. Official who violated provision 7.1. of this Law shall be liable to a fine equal to 500.000 tugrugs, economic entities and organizations – to a fine equal to 1.000.000 tugrugs respectively.
17.1.2. Legal persons that violated provisions 8.1.1.,8.1.2. of this Law shall be liable to a fine equal to 5.000.000 tugrugs.
17.1.3. In case a human trafficking crime is committed under the disguise of a legal person, a senior official of that legal person shall be liable to a fine equal to 10.000.000 tugrugs.

Article 18. Entry into force of the Law
18.1. This Law shall enter into force from [January 2012].

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