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Article 13. Powers of the Commission
13.1. The Commission shall exercise the following powers:
13.1.1. To put forward proposals on any human rights-related issues;
13.1.2. To put forward recommendations and/or proposals on whether laws or administrative decisions are in conformity with the key human rights principles;
13.1.3. To put forward proposals on the implementation of international human rights treaties and/or drafting of Government reports thereon;
13.2. The Commission shall carry out the following activities within its powers:
13.2.1. To conduct research on human rights issues and provide necessary information;
13.2.2. To collaborate with the international, regional and other national human rights institutions;
13.2.3. To produce reports on the human rights situation in Mongolia;
13.2.4. To increase public awareness about the laws and/or international treaties relating to human rights;
13.2.5. To promote human rights education activities;
13.2.6. To encourage ratification of and/or accession to the international human rights treaties.
Article 14. Powers of the Chairperson of the Commission
14.1. A Chief Commissioner shall exercise the following powers.
14.1.1. To represent the Commission in domestic and/or foreign relations;
14.1.2. To appoint and/or release the Director of the Staff;
14.1.3. To deal with internal organisational matters of the Commission;
Article 15. Powers of Commissioners with respect to the acceptance of Complaints
15.1. Commissioners shall exercise the following powers with respect to the acceptance of complaints:
15.1.1. To accept and examine complaints;
15.1.2. To refuse to accept the complaints which do not meet the requirements provided in Art. 11 of this Law;
15.1.3. To transfer complaints with respect to criminal and/or civil cases and disputes to relevant authorities or officials according to their jurisdiction;
15.1.4. To explain to the Complainant what rights and duties he/she has with regard to the restoration of violated rights.
Article 16. Powers of Commissioners with respect to Inquiry of Complaints
16.1. Commissioners shall exercise the following powers during the course of inquiry into complaints:
16.1.1. To take explanations in writing from the Complainant and relevant business entities, organisations, officials or individual persons and take explanations orally and take notes thereon if the Complainant is illiterate;
16.1.2. To summon the Complainant and relevant persons;
16.1.3. To have unrestricted access to any business entity or organisation and to participate in their meetings and conferences, and to meet in person with the relevant officials;
16.1.4. To obtain without any charge the necessary evidence, official documents and information from organisations and/or officials, and to get acquainted with them on the spot;
16.1.5. To appoint experts from the appropriate organisations in a case of necessity for the specialised knowledge, and to get their expert-opinions;
16.1.6. To transfer a complaint to the relevant authorities or officials according to their jurisdiction, if it is considered that this complaint has a nature of criminal or civil case during the course of examination;
16.1.7. To conduct alone an inquiry into the activities of business entities, organisations or officials, or jointly on the basis of a proposal by the competent State authority and their officials;
16.1.8. To access the confidential data/secrets of the State, organisation or individual person in accordance with procedure established by the relevant law, if Commissioners considers it necessary during the course of exercise of his/her powers;
16.2. Commissioners shall keep in good faith the confidential data/secrets of the State, organisation or individual person, which he/she came to know about during the course of conducting the official business or which has been informed to him/her in trust.
Article 17. Powers of Commissioners in respect of Decision-making on Complaints
17.1. Commissioners shall exercise the following powers with respect to making a decision on complaints:
17.1.1. To submit claims to the Courts with regard to issues of violations of human rights and freedoms by business entities, organisations, officials or individual persons to participate in person or through a representative in judicial proceedings in accordance with procedure established by the law;
17.1.2. To put forward requests to the competent authorities or officials with regard to imposing administrative sanctions on officials who, as he/she considers, have violated human rights and freedoms;
17.1.3. To demand organisations or officials to stop activities which violate human rights and freedoms, or which create conditions for such violations;
17.1.4. To decide the issues by way of conciliation of the parties;
17.1.5. To return a complaint to the Complainant if he/she considers it to be without grounds.
17.2. Claims lodged under Art. 17.1.1 shall be exempted from court expenses.
17.3. Commissioners shall have an obligation to inform the Complainant with regard to results of his/her complaint examination activities.
Article 18. Other Powers of Commissioners with respect to Fulfilling of Human Rights and Freedoms
18.1. Commissioners may participate in the advisory capacity in sessions of the State Great Hural or in meetings of the Government Cabinet at the request of the Speaker of the State Great Hural or the Prime Minister.
18.2. Commissioners may conduct inquiries at his/her own initiative on the basis of information with regard to violations of human rights and freedoms or at the request of business entities, organisations or officials.
18.3. Commissioners shall get acquainted with the decisions concerning civil and criminal cases as well as have access to the documents which rejected instuting a case or the cases which have been dropped, with a view to conducting human rights research.
18.4. Commissioners shall refer to the officials or authorities with law-initiating competence his/her proposals with regard to improving the legislation connected with fulfilling human rights and freedoms.
18.5. Commissioners shall provide advice on human rights issues at the request of State authorities.
Article 19. Demands and Recommendations of Commissioners
19.1. Commissioners shall issue demands and/or make recommendations during the course of exercise of his/her powers.
19.2. Commissioners shall write and deliver demands to relevant organisations in order to restore human rights and freedoms and eliminate the violations if he/she has considered that business entity, organisation or official has violated human rights and freedoms.
19.3. Commissioners shall make recommendations within his/her own competence and deliver them to relevant business entities, organisations or officials in order to eliminate reasons and conditions in case there is possibility for violations of human rights and freedoms.
19.4. Business entities, organisations or officials shall inform in writing with regard to measures undertaken within 1 (one) week if they have received demands, and within 30 (thirty) days if they have received recommendations from Commissioners.
19.5. Commissioners may approach the Court, according to the procedure established by law, with regard to the business entities, organisations or officials which have refused to undertake relevant measures as provided under his/her demands and/or recommendations.
19.6. Commissioners shall have a right to publish and report his/her issued demands or recommendations through the mass media.
Article 20. Report of the Commission
20.1. The Commission shall submit to the State Great Hural a report on the human rights situation in Mongolia within the 1st (first) quarter of every year.
20.2. Report of the Commission shall be published in the ‘State Gazette’.
Posted on 2002-04-21
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