COMPLAINT LODGING PROCEDURE OF THE COMMISSION

Right to Lodge Complaints

Citizens of Mongolia, either individually or in a group, have the right to lodge complaints to the Commission regarding the issues of violations of human rights and freedoms guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia. Unless provided in laws and international treaties of Mongolia, foreign citizens and stateless persons who are residing in the territory of Mongolia, exercise the same right as Mongolian citizens to lodge complaints to the Commission. Complaints may be lodged by representation of lawful representatives-parents, care-takers and guardians of a person, who do not have full civil law capacity or have limited or partial capacity. It may also be lodged by representatives of a person, who are considered missing or declared as deceased.

What is a complaint?

According to the Law on Resolving Complaints from Citizens to Civil Servants and Civil Institutions, "complaint” is defined as a report of a decision or action of civil servants or government official or any other party which violates the public interest or their rights and freedoms.

What kind of complaints belongs to the NHRC?

Citizens of Mongolia, either individually or in a group, have the right to lodge complaints to the Commission regarding the issues of violations of human rights and freedoms guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia.

Who can lodge a complaint to the NHRC?

• A citizen of Mongolia, either individually or in a group;
• Foreign citizens and stateless persons who are residing in territory of Mongolia;
• Lawful representative-parents, care-takers and guardians of a person, who do not have full civil law capacity or have limited or partial capacity;
• Representatives of a person, who are considered missing or declared as deceased;
• Members of non-governmental organizations and confederation of trade union;

How to lodge a complaint to NHRC?

Complaint must be lodged in written form in Mongolian language or orally within one year from the date on which complainant’s rights and freedoms were violated or from the date on which he/she came to know about his/her rights of violation.

Requirements for lodging a complaint to NHRC are as follows:

• A complainant must have has his/her complaint decided through an administrative process;
• A complainant must indicate, which rights and freedoms guaranteed in international treaties and conventions on human rights and national laws have been violated;
• A complainant must write his/her own name, residential or postal address, and with his/her signature;
• A complainant must attach name, address, telephone number and other related documents of the business entity or organization, and official title and name of person who is implicated in the complainant;

Period for replying to complaints?

The Commission gives a reply within 30-60 days from the date of receipt of a complaint.