The International Human Rights Framework on the Right of Peaceful Assembly

Mongolia is a state party to the 1966 International Covenant on Civil and Political Rights (ICCPR). Article 21 governs the right of peaceful assembly, providing that:

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

Mongolia is also a state party to the First Optional Protocol to the ICCPR, which allows individuals to petition the Human Rights Committee if they believe the state has violated their human rights as protected under the Covenant.

There is not yet a regional human rights treaty to which East Asian nations can adhere.

The Domestic Legal Framework on the Right of Peaceful Assembly

Constitutional Provisions

Article 16(16) of the 1992 Constitution of Mongolia (as amended) guarantees the freedom of peaceful assembly:

The rules of procedures for conduct of demonstrations and public meetings shall be determined by law.

National Legislation

According to Article 132(1) of the Criminal Code:

Intentional prevention of organization of demonstrations and meetings, persecution, restriction of freedom, or discrimination of citizens in other ways for participation in demonstrations and meetings shall be punishable by a fine equal to 30 to 50 amounts of minimum salary.

The Legal Framework on Use of Force During Assemblies

The Use of Force

International Legal Rules

Under international law, the duty on the state and its law enforcement agencies is to facilitate the enjoyment of the right of peaceful assembly. According to the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials:

In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or, where that is not practicable, shall restrict such force to the minimum extent necessary.

All force used by police and other law enforcement agencies must be necessary for a legitimate law enforcement purpose and proportionate to that purpose.

National Legislation

The 2013 Law on Police governs the National Police Agency, the primary law enforcement agency in Mongolia.  Code 224 of the Regulations on Police Activities stipulates that:

It is prohibited for a police officer to treat a temporarily arrested person in a cruel, inhuman and degrading manner, to torture by intentionally inflicting physical and psychological acts and to do any wrongdoing.

The Use of Firearms

International Legal Rules

According to the 1990 United Nations Basic Principles, in the dispersal of violent assemblies, a law enforcement official may only use a firearm against a specific individual where this is necessary to confront an imminent threat of death or serious injury or a grave and proximate threat to life. 

National Legislation

National law is said to regulate police use of firearms on the basis of the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. 

State Compliance with its Legal Obligations

Views and Concluding Observations of United Nations Treaty Bodies

In its 2017 Concluding Observations on Mongolia, the Human Rights Committee expressed its concern

about notable obstacles to the exercise of freedom of assembly by persons belonging to the lesbian, gay, bisexual, transgender and intersex community, which further exacerbates their vulnerable status in Mongolian society.

The Committee called on Mongolia to

promote and guarantee freedom of expression, association and peaceful assembly for lesbian, gay, bisexual, transgender and intersex persons, and should abstain from any unjustified interference with the exercise of these rights and ensure that any restrictions imposed comply with the strict requirements of articles 19, 21 and 22 of the Covenant and are not applied in a discriminatory manner.

Views of Civil Society

According to Freedom House's 2019 report on Mongolia:

Freedom of assembly is upheld in practice. A number of protests took place without incident in 2018, including events to demand government action to reduce pollution, call for reforms to the mining industry, and press for accountability in the wake of corruption scandals.

Downloads

1992 Constitution of Mongolia (as amended) (English translation) - Download (193 KB)
2002 Criminal Code of Mongolia - Download (275 KB)
Human Rights Committee Concluding Observations on Mongolia (2017) - Download (214 KB)