ARR of "Mixed Methods Study On Prison Labour in Mongolia", B.B

Final report
“MIXED METHODS STUDY ON PRISON LABOUR IN

MONGOLIA”
ADDITIONAL RESEARCH REPORT
2022
RESEARCH REPORT
Ulaanbaatar city
Client: National Human Rights Commission of Mongolia
Research institution: National Legal Institute of Mongolia
Research led by:
Kh. Erdem-Undrakh Director of the National Legal Institute of
Mongolia, Juris Doctor (Dr.jur)
Research Advisor:
R. Oyunbadam Legum Doctor (LL.D)
Research team:
Kh. Buyanbat Researcher of the Criminal Law and Criminology
Sector of the National Legal Institute of Mongolia
O. Enkhkhuslen Researcher of the Criminal Law and Criminology
Sector of the National Legal Institute of Mongolia
Contents of the Additional Research Report
INTRODUCTION ....................................................................................................................................... 2
BACKGROUND AND RATIONALE ......................................................................................................... 2
PREVIOUS STUDIES OF THE RESEARCH ............................................................................................... 3
RESEARCH PURPOSE AND OBJECTIVES ............................................................................................... 3
RESEARCH METHODOLOGY ................................................................................................................ 4
SIGNIFICANCE OF THE RESEARCH ....................................................................................................... 4
ONE. STUDY OF PRISON LABOUR AND REGIME OF PRISON FACILITY .................................................... 5
1. The regime of prison facilities, employment of inmates in Mongolia, and related legal
regulations .......................................................................................................................................... 5
2. A comparative study of prison labour, organization, and prison regimes.................................... 11
3. An analysis of practical studies ..................................................................................................... 25
4. Interim analysis and findings ........................................................................................................ 32
TWO. COORDINATION BETWEEN GOVERNMENT POLICY AND INTER-SECTORAL POLICY REGARDING
THE PRISON LABOUR ............................................................................................................................ 35
1. Coordination between government policies and inter-sectoral policies regarding prison labour
in Mongolia ....................................................................................................................................... 35
2. A comparative study of foreign countries .................................................................................... 42
3. Interim analysis and findings ........................................................................................................ 47
THREE. RESEARCH ON THE EMPLOYMENT OF INMATES SENTENCED TO LIFE IMPRISONMENT ......... 49
1. The conditions of the inmates sentenced to life imprisonment and their employment status ... 49
2. Legal regulation............................................................................................................................. 50
3. A comparative study ..................................................................................................................... 53
4. Recommendation .......................................................................................................................... 55
FOUR. STUDY OF EMPLOYMENT OF JUVENILES IN SPECIAL FACILITY FOR TRAINING AND CORRECTION
.............................................................................................................................................................. 56
1. The employment status of juveniles in the special facility for training and correction ............... 56
2. Legal regulation............................................................................................................................. 57
FIVE. CONCLUSIONS AND RECOMMENDATIONS .................................................................................. 59
SIX. RECOMMENDATION ...................................................................................................................... 60
1
INTRODUCTION
BACKGROUND AND RATIONALE
The National Human Rights Commission of Mongolia is researching “Mixed methods
study on Prison labour in Mongolia” which is funded by the International Labor Organization
(ILO). Within the framework of the research, the National Human Rights Commission of
Mongolia analyzed the legal regulation, labour conditions, and employment organization of
prison labour in Mongolia. As a result of the research, NHRCM conducted an inquiry and a
total of seven prisons were surveyed. However, in addition to inmates serving sentences in
open and closed prisons, the labour issue of inmates sentenced to life imprisonment and
juveniles in special facility for training and correction is neglected. In addition, there was a
need to analyze the legal environment of how labour organization was regulated depending
on the regime of imprisonment as well as, study on the policy of the government regarding the
employment of inmates and the coordination of inter-sectoral policies.
In addition to the main research, the National Legal Institute of Mongolia analyzed the
legal framework for the prison labour, the government policy, employment opportunities for
inmates sentenced to life imprisonment, juveniles in the special facility for training and
correction and made proposals and recommendations.
A total of 2757 inmates were provided with labour as of December 2020, a total of
2045 inmates were provided with labour as of December 2021, and 2896 inmates were
provided with labour as of December 2022 in Mongolia1. It means 68.9 per cent of the total
3996 inmates registered in 2020, 69.1 per cent of the 2959 inmates registered in 2021, and
71.4 per cent of the 4053 inmates registered in 2022.
According to the Law on the Enforcement of Court Decision /Revised version/ adopted
on the 9th of June, 2017, Prison facilities regulated to consist of open and closed prison,
special institution for training the discipline, detention center and facility, general and
specialized hospitals (hereinafter referred to as prison/penitentiary facility) and vocational
training center. Also, the regime and classification levels or grades has stated in the legislation
that normal and special classification levels of the open prison facility and classification levels
of normal, special, special unit of closed prison facility. It is unclear how the inmate’s
employment condition depends on the above regime and classification levels.
According to Article 8.5, Section 3 of the Criminal Code of 2015 /Revised version/,
compulsory labour is prohibited for juveniles, who are serving a sentence which means that
there is no legal basis. However, it is worth to study how the regulation is implemented in the
actual situation and how it is regulated in international treaties.
Also, it is necessary to clarify the employment of inmates sentenced to life
imprisonment in special unit of closed prison facilities. According to Section 200.3 of Article
200 of the Law on the Enforcement of Court Decision /Revised version/, it is stated that
“Inmates may get to work only in the prison facility”.
Therefore, it is necessary to put forward recommendations on defining and improving
the policies and activities of the government in Mongolia regarding the prison labour.
1Employment, salary, and account information of inmates for the relevant months of 2020, 2021, and
2022
2
PREVIOUS STUDIES OF THE RESEARCH
In the Jurisprudence of Mongolia, including the academic field of criminal justice, there
are few publications that study the issue of prison labour. Notably, there were books and
textbooks published such as A. Lkhagvaa, “Mongolian court decision enforcement law”,
Ulaanbaatar city 2004, M. Altan-Ochir “Prison regime”, Ulaanbaatar city 2020, S. Jantsan,
"Criminal Law Theory of Mongolia /Doctrine of Punishment/“, Ulaanbaatar city 2014, R.
Oyunbadam, D. Badam “Legal regulation of the regime of imprisonment”, Ulaanbaatar city
2005, N. Lkhagvaa, S. Jantsan, "Criminal Penalty Law of Mongolia, and N. Lkhagvaa, S.
Jantsan, “Criminal penalty law in Mongolia. Textbook for general and special parts”. Regarding
specialized research work, the most important one is “Prison labour and employment
conditions of convicts in Mongolia. An empirical study” conducted by the National Human
Rights Commission of Mongolia in 2016.
However, in these research works and publications, prison labour and relations
between the regime and different classifications, as well as the policies and measures
implemented by the government regarding the employment of inmates, inmates sentenced to
life imprisonment, and juveniles in the special facility for training and correction have not been
studied in detail.
RESEARCH PURPOSE AND OBJECTIVES

The purpose of this study is to analyze the relations between the prison labour and the
regime and classification levels of prison facilities in Mongolia, the government’s policy on the
prison labour, inter-sectoral coordination, the employment of inmates sentenced to life-term
imprisonment and juveniles in the special facility for and training and correction. Therefore,
the study will be focused at making conclusions and recommendations in the field of improving
the legal environment.
The following objectives will be implemented in order to meet the goals of the research
work. These include:
- Analyzing the legal environment and put forward recommendations on how labour and
employment organization are regulated depending on the regime of the prison facility;
- Analyzing government policies and interdisciplinary policies of prison labour.
Therefore, to study the legal documents issued by the government in the field of prison
labour, its implementation, features, and good practices in foreign countries;
- To document the employment situation of the inmates sentenced to life imprisonment,
analyze the legal environment regulating the relations connected with those inmates,
and put forward recommendations;
- To document the employment situation of juveniles sentenced for imprisonment in the
special facility for training and correction, analyze the legal environment related to
them, and put forward recommendations;
3
RESEARCH METHODOLOGY
In addition to the analysis of legal and policy documents, interview and questionnaire
methods were used, including key informant interviews and focus group interviews, and
questionnaires from inmates.
Regarding the method of analysis of legal and policy documents, a total of 14
legislation, regulations, and other relevant policy documents on prison labour were examined.
Focus group interviews were carried out by the assignment task team in the 427th
Open/Closed Prison Facility in Baganuur district, the 419th Open/Closed Prison Facility in
Khentii Aimag (province), a Special facility for training and correction, and the 405th Closed
Prison Facility /special unit/ under the guidance of the General Executive Agency of Court
Decision. The assignment task team conducted focus group interviews with inmates, prison
officers, and management.
As for the questionnaire method, a total of 247 inmates working in the 427th
Open/Closed Prison Facility in Baganuur district, the 419th Open/Closed Prison Facility in
Khentii Aimag (province), a Special facility for training and correction, and the 405th Closed
Prison Facility /special unit/ under the guidance of the General Executive Agency of Court
Decision, were surveyed using a 46-question questionnaire.
SIGNIFICANCE OF THE RESEARCH

The topic has not yet been specifically studied before and there is a need for research.
Also, the research was done by combining the analysis of documents and practice,
and it was aimed to determine good practices by studying foreign legal regulations.
The following significant results were obtained in the research.
- It became clear how the employment of inmates serving a prison sentence in Mongolia
depends on the regime and sections of different classifications of the prison, the
problem was discovered and good practices were defined;
- Examine government policies and interdisciplinary arrangements for prison labour and
defined good practices;
- Conducted analysis on the employment situation of juveniles in a special facility for
training and correction;
- Studied and analyzed on the employment situation of inmates serving a life sentence;
4
ONE. STUDY OF PRISON LABOUR AND REGIME OF PRISON FACILITY
1. The regime of prison facilities, employment of inmates in Mongolia, and related legal
regulations
According to Article 263 and 264 of the Law on the Enforcement of Court Decision of
2017, the prison facilities of Mongolia are under the jurisdiction of the General Executive
Agency of Court Decision, and commence a prison sentence according to the rules and
regulations of open and closed prison. It means that the administration is carried out by the
General Executive Agency of Court Decision2, which is an implementing agency of the
Government under the Ministry of Justice and Internal Affairs.
According to Article 197.1 of the Law on the Enforcement of Court Decision, issues
pertaining to establishing, restructuring and abolishing penitentiary facility and determining
and modifying the location of prison facility shall be resolved by the Government. Therefore,
the Government resolution No. 204 dated the 4th of July, 2017, Resolution No. 304 dated the
10th of October, 2018, and Resolution No. 82 dated 4th of March, 2020 were approved, and
the prison facility was regulated to have the following structure.
No. Prison facility Location The regime of prison

facility
401st Prison Facility, Central prison Khan-Uul district, Ulaanbaatar Closed

hospital city
405th Prison Facility Songinokhairkhan district, Closed (Special unit)

Ulaanbaatar city
407th Prison Facility for women Bayanzurkh district, Open and Closed
Ulaanbaatar city
409th Prison Facility Bayanzurkh district, Closed

Ulaanbaatar city
Special facility for training and Bayanzurkh district, -

discipline/correction Ulaanbaatar city
413th Prison Facility Mandal Sum, Selenge Aimag Open and Closed
(Province*)
415th Prison Facility Bayan Sum, Tuv Aimag Closed
417th Prison Facility Mungunmorit Sum, Tuv Aimag Open
419th Prison Facility Undurkhaan Sum, Khentii Open

Aimag
421st Prison Facility Bayanzurkh district, Open

Ulaanbaatar city
423rd Prison Facility Kharkhorin Sum, Uvurkhangai Open and Closed

Aimag
425th Prison Facility Sumber Sum, Govisumber Open

Aimag
2Appendix 1 of the Government Resolution No. 4 of 2016 “List of government regulating and
implementing agencies”
5
427th Prison Facility Baganuur district of Capital city, Closed
Bayandelger Sum, Tuv Aimag
429th Prison Facility-Specialized Songinokhairkhan district, Closed

prison hospital Ulaanbaatar city
433rd Prison Facility Mandal Sum, Selenge Aimag Closed
435th Prison Facility Darkhan Sum, Darkhan-Uul Closed

Aimag
437th Prison Facility Bayan-Undur Sum, Orkhon Open

Aimag
439th Prison Facility Orkhon Sum, Bulgan Aimag Closed
441st Prison Facility Bayanzurkh district, Open

Ulaanbaatar city
445th Prison Facility Darkhan Sum, Darkhan-Uul Open

Aimag
457th Prison Facility Jargalant Sum, Khovd Aimag Open and Closed
461st Detention Facility Bayangol district, Ulaanbaatar Closed

city
Detention facility in Arkhangai Erdenebulgan Sum, Arkhangai Open

Aimag Aimag
Detention facility in Bayan-Ulgii Ulgii Sum, Bayan-Ulgii Aimag Open

Aimag
Detention facility in Bayankhongor Bayankhongor Sum, Open

Aimag Bayankhongor Aimag
Detention facility in Bulgan Aimag Bulgan Sum, Bulgan Aimag Open
Detention facility in Govi-Altai Aimag Altai Sum, Govi-Altai Aimag Open
Detention facility in Dornod AImag Kherlen Sum, Dornod Aimag Open
Detention facility in Dornogovi Sainshand Sum, Dornogovi Open

Aimag Aimag
Detention facility in Dundgovi Aimag Saintsagaan Sum, Dundgovi Open

Aimag
Detention facility in Zavkhan Aimag Uliastai Sum, Zavkhan Aimag Open
Detention facility in Uvurkhangai Arvaikheer Sum, Uvurkhangai Open

Aimag Aimag
Detention facility in Umnugovi Dalanzadgad Sum, Umnugovi Open

Aimag Aimag
Detention facility in Sukhbaatar Baruun-Urt Sum, Sukhbaatar Open

Aimag Aimag
Detention facility in Selenge Aimag Sukhbaatar Sum, Selenge Open

AImag
6
Detention facility in Tuv Aimag Zuunmod Sum, Tuv Aimag Open
Detention facility in Uvs Aimag Ulaangom Sum, Uvs Aimag Open
Detention facility in Khutul city Saikhan Sum, Selenge Aimag Open
Detention facility in Tosontsengel Tosontsengel Sum, Zavkhan Open

Sum, Zavkhan Aimag Aimag
As of 2020, there were a total of 4,489 inmates3 in the prison facilities of Mongolia,
which means that there are 133 inmates per 100,000 population.
Legal regulations on the regime of prison facilities

Article 198 and 199 of “the Law on the Enforcement of Court Decision /Revised
Version/” apopted on the 9th of June, 2017, legislated the regime of prison facilities as follows.
The regime of The Allocation of inmates

the prison grade/classification
facility of prison facility
Open Normal Inmates that committed crime for the first time and sentenced for
up to 2 years of imprisonment or inmates that committed
undeliberate crime and penalized by court
Special Inmates sentenced for two or more years of imprisonment or

inmates transferred from closed prison facility to the open prison
facility for continuation of sentence and previously committed
crime and penalized by court
Closed Normal Inmates that committed crime for the first time and sentenced for
up to 4-6 years of imprisonment or inmates that committed minor
crime in the past and sentenced for up 4 years of imprisonment
and penalized by court
Special Inmates sentenced for six or more years of imprisonment or

inmates previously committed deliberately committed felony and
penalized by court
Special unit Inmates sentenced for life imprisonment
3 “White Book on Crime in Mongolia-2020”, (Ulaanbaatar city, 2021), page 102
7
Before the legislation of the 2017 came into effect, “the Law on the Enforcement of
Court Decision” adopted on the 10th of January, 2002 was in force, and the law regulated the
regime of prison facility as follows.
The regime of prison Allocation of inmates/Inmates who belong to

facility
Regular The sentencing type where males and females that committed less serious
crimes, as well as not convicted of aggravated crimes, serve their time,
eligible for parole;
Strict For males, one who committed a serious crime, or previously had been
serving a prison sentence and for the first time committed a grave crime; or
a female who committed a grave crime and counted as a recidivist is housed
in this regime prison;
Special regiment The inmate who committed two or more times an aggravating crime,
considered a recidivist serves his sentencing in this regime
Dungeon Inmates who have been sentenced to death shall be entitled to the pardon
request to the President of Mongolia. In case of pardon the death penalty
shall be substituted by imprisonment in prison for a term of 30 years.
The system of the prison regime was first adopted in 1931 in “the Law on the
improvement of any criminal convicts within the Mongolian People’s Republic, as a “rural
labour colony” which is currently a prison with a regular regime. Gradually, when the
“Correctional Labour Law” of the Mongolian People’s Republic was adopted in 1966, the types
and regimes of the penitentiary facilities of Mongolia were re-established and defined as
regular, strict, and special. Furthermore, in “the Correctional Labour Law of the Mongolian
People’s Republic of 1981”, “Law on Prison Facilities and the Serving of Prison Sentences of
1993”, “the Law on the Enforcement of Court Decision of 1996”, “the Law on the Enforcement
of Court Decision of 2002”, the types of the prison regime system has been continued to
change.
8
Labour law regulation related to the prison regime
Articles 198, 199, and 214 of “the Law on the Enforcement of Court Decision”, adopted
on the 9th of June, 2017, legislate labour related to the regime of the prison facility.
The regime of The Location of labour Labour conditions

the prison grade/classification
facility of prison facility
Open Normal Open prison facility may put its In addition to complying with
inmate work at legal entities that the labour protection and
the prison facility owns or has safety regulations specified in
stake in, or at other legal entities the laws applicable to the
on the basis of agreement, labour, work and vacation
provided that proper control and hours of inmates in the open
guarding is supplied. prison facility shall be
Grounded on request from regulated according to
inmates of the open prison labour-related legislations.
facility, the inmate may be out to
work in the closed prison facility,
detention center, prison hospital
general services and general
service work of the General
Executive Agency of Court
Decision.
Special Open prison facility may put its In addition to complying with
inmate work at legal entities that the labour protection and
the prison facility owns or has safety regulations specified in
stake in, or at other legal entities the laws applicable to the
on the basis of agreement, labour, work and vacation
provided that proper control and hours of inmates in the open
guarding is supplied. prison facility shall be
Grounded on request from regulated according to
inmates of the open prison labour-related legislations.
facility, the inmate may be out to
work in the closed prison facility,
detention center, prison hospital
general services and general
service work of the General
Executive Agency of Court
Decision.
Closed Normal Inmates in the closed prison may In addition to complying with
work only in the production the labour protection and
section of the prison facility. safety regulations specified in
the laws applicable to the
labour, work and vacation
hours for inmates in closed
prison facilities may be
different as opposed to the
legislation on labour.
9
Special Inmates in the closed prison may In addition to complying with
work only in the production the labour protection and
section of the prison facility. safety regulations specified in
Special unit Inmates may get to work only in In addition to complying with
the prison facility. the labour protection and
safety regulations specified in
Before the implementation of the current law, “the Law on the Enforcement of Court
Decision” adopted on the 10th of January, 2002, was organizing the labour as follows
depending on the regime of the prison facility.
The regime Allocation of inmates/Inmates Location of labour Labour conditions

of the who belong to
prison
facility
Regular Male inmates who committed Inmates may get employed In addition to complying
less serious crimes and female by a prison facility or hire with the labour protection
inmates other than those and placed them at the and safety regulations
sentenced for crimes other grave disposal of its joint venture specified in the laws
crimes shall serve imprisonment or joint legal entity, or of applicable to the labour,
in the correctional facilities of another legal entity on a work and vacation hours
general regiment contractual basis, provided of inmates in the open
appropriate supervision; prison facility shall be
Moreover, inmates may get regulated according to
employed in the production labour-related
section of dungeons, strict legislations.
and special regime prison
facilities, and detention
facility under the guidance
of the General executive
agency of court decision
10
Strict Male inmates who committed Inmates shall may work In addition to complying
serious crimes or previously only in the production with the labour protection
served imprisonment, and section of the prison facility and safety regulations
female inmates who committed under guarded conditions specified in the laws
grave crimes or have been applicable to the labour,
recognized recidivists shall serve work and vacation hours
imprisonment in the correctional for inmates in closed
facilities of strict regiment prison facilities may be
different as opposed to
the legislation on labour.
Special Male inmates who committed two Inmates shall may work In addition to complying
or more serious crimes or have only in the production with the labour protection
been recognized recidivists shall section of the prison facility and safety regulations
serve imprisonment in the under guarded conditions specified in the laws
correctional facilities of special applicable to the labour,
regiment. work and vacation hours
for inmates in closed
Dungeon Inmates who have been Inmates may get to work In addition to complying
sentenced to death shall be only in the field of prison with the labour protection
entitled to the pardon request to facility. and safety regulations
the President of Mongolia. In specified in the laws
case of pardon the death penalty applicable to the labour,
shall be substituted by work and vacation hours
imprisonment in dungeon for inmates in closed
The employment organization of inmates in prison facilities has its unique form that
corresponds to the features of the regime of prison facilities.4
2. A comparative study of prison labour, organization, and prison regimes

To analyze the relationship between prison labour and regimes of prison facilities in
detail, it is useful to study how the relationship is defined in prisons and correctional facilities
around the world. Many definitions categorize legal systems around the world. Among them,
the categories classified as Civil Law, Common Law, Nordic Law, Mixed legal system of post-
socialist countries, and Mixed legal systems of Japan and the Philippines will be used in that
study.5 In doing so, one country from each system was selected.
4 A. Lkhagvaa, “Law on Enforcement of Court Decision of Mongolia”, (Ulaanbaatar city, 2004), page
220.
5 D. Bayarsaikhan, “Theory of rule of law”, (Ulaanbaatar city, 2020), page 5.
11
2.1. Common Law system countries
Prison regime and Labour in the United States of America
The prison system of the United States of America is under the jurisdiction of the
Department of Justice and is primarily managed by the Federal Bureau of Prisons, and state
and local correctional authorities. As of 2019, there were a total of 2,068,8006 inmates in US
prison facilities. It means 629 inmates per 100,000 population. In addition, there are a total of
4,455 prison facilities, of which 3,163 are local prison facilities, 1,190 are state prison facilities,
and 102 are federal prison facilities.7
А. Regime and classification levels of prison facilities

The Federal Bureau of Prisons (BOP) was created by the Act of the 14th of May, 1930
(ch.274, 46 Stat. 325), signed into law by President Herbert Hoover.
The mission of the BOP is to protect society by confining offenders in the controlled
environments of prisons and community-based facilities that are safe, humane, cost-efficient,
and appropriately secure, and that provide work and other self-improvement opportunities to
assist offenders in becoming law-abiding citizens.8
The Federal Bureau of Prisons (BOP) consists of the following organizations:
1. Federal State Penitentiary
2. Managing boards
3. Correctional centers
4. Training centers
5. A contractual penitentiary facility
Therefore, federal state prison facilities are specifically considered within the
framework of the study.
Federal State Penitentiary

The majority of inmates work in prisons located throughout the United States. They
are operated at five different security levels in order to confine offenders in an appropriate
manner. Security levels are based on such features as the presence of external patrols,
towers, security barriers, or detection devices; the type of housing within the institution;
internal security features; and the staff-to-inmate ratio. Facilities are designated as either
minimum, low, medium, high, or administrative; and facilities with different security levels that
are in close proximity to each other are known as prison complexes.
6 According to the US Bureau of Justice Statistics, as of the 30th of June, 2019, there were 734,500
inmates in local prisons, 1,159,900 in state prisons, and 174,400 in federal prisons. In addition, there
are 84 (2,870 as of mid-2018) inmates in the Indiana County Jail.
7 World prison brief: United States, https://www.prisonstudies.org/country/united-states-america
8 Organization, mission and functions manual: federal bureau of prisons,
https://www.justice.gov/doj/organization-mission-and-functions-manual-federal-bureau-prisons
12
1. Minimum security institutions
Minimum security institutions, also known as Federal Prison Camps (FPCs), have
dormitory housing, a relatively low staff-to-inmate ratio, and limited or no perimeter fencing.
These institutions are work- and program-oriented. These include: Alderson FPC, Bryan FPC,
Duluth FPC, Montgomery FPC, Morgantown FCI, Pensacola FPC and Yankton FPC.
A number of the Federal Bureau of Prison institutions have a small, minimum security
camp adjacent to the main facility. These camps, often referred to as Satellite Prison Camps
(SCPs), provide inmate labor to the main institution and to off-site work programs.
2. Low security Federal Correctional Institutions
Low security Federal Correctional Institutions (FCIs) have double-fenced perimeters,
mostly dormitory or cubicle housing, and strong work and program components. The staff-to-
inmate ratio in these institutions is higher than in minimum security facilities.
3. Medium security Federal Correctional Institutions
Medium security FCIs (and USPs designated to house medium security inmates) have
strengthened perimeters (often double fences with electronic detection systems), mostly cell-
type housing, a wide variety of work and treatment programs, an even higher staff-to-inmate
ratio than low security FCIs, and even greater internal controls.
4. High security institutions
High security institutions, also known as United States Penitentiaries (USPs), have
highly secured perimeters (featuring walls or reinforced fences), multiple- and single-occupant
cell housing, the highest staff-to-inmate ratio, and close control of inmate movement.
5. Federal Correctional Complexes
At Federal Correctional Complexes (FCCs), institutions with different missions and
security levels are located in close proximity to one another. FCCs increase efficiency through
the sharing of services, enable staff to gain experience at institutions of many security levels,
and enhance emergency preparedness by having additional resources within close proximity.
6. Administrative facilities
Administrative facilities are institutions with special missions, such as the detention of
pretrial offenders; the treatment of inmates with serious or chronic medical problems; or the
containment of extremely dangerous, violent, or escape-prone inmates. Administrative
facilities include Metropolitan Correctional Centers (MCCs), Metropolitan Detention Centers
(MDCs), Federal Detention Centers (FDCs), Federal Medical Centers (FMCs), the Federal
Transfer Center (FTC), the Medical Center for Federal Prisoners (MCFP), and the
Administrative-Maximum Security Penitentiary (ADX). Administrative facilities, except the
ADX, are capable of holding inmates in all security categories.9
The following number of inmates are serving sentences in prisons classified by this
security level:10
9About Our Facilities, https://www.bop.gov/about/facilities/federal_prisons.jsp

10Prison Security Levels | Inmate Classification Levels,
https://federalcriminaldefenseattorney.com/prison-life/prison-security-levels/#minimum-security-
prisons
13
Prison Security
Levels Inmates who belong to Number of
inmates
Minimum-Security Several categories of inmates are prohibited from 23 329

Prisons federal prison camp placement. These include sex
offenders, deportable aliens, and inmates with
histories of threatening government officials,
escape, and violence.
Low-Security Prisons Inmates typically must have less than 20 years 56 328
remaining on their sentences to be eligible for
placement. Sex offenders are permitted at low
security federal correctional institutions.
Medium-Security Inmates must have less than 30 years remaining on 52 963
Prisons their sentences to be housed at medium-security
federal correctional institutions.
High-Security Prisons Inmates must have more than 30 years remaining 19 849
on their sentences. All types of inmates are
permitted to be housed at high-security federal
prisons. Some groups, such as sex offenders and
informants, have difficulty remaining at these
prisons.
Administrative- It houses inmates deemed to require the highest 335
Security Prisons level of control and supervision. Inmates convicted
of terrorism and those who engage in severe
violence are typically housed at ADX Florence.
It will be helpful to understand the difference between the terms “prison” and “jail”. The
Bureau of Justice Statistics (BJS) explains that jails are only used to hold inmates for a
relatively short period of time, usually while they await their trial or sentencing. Prisons are
long-term facilities designed to hold inmates serving sentences of more than a year.11
B. The Structure of Prison Labour in the United States of America

In the United States, the classification of prison labour does not depend on the
classification level of the prison. Instead, prison labour is organized in the form of Privately-
run for-profit prisons, Prison Industry Enhancement Certification Program, State Prison Labor
(outside of PIECP), and Federal Prison Labor (Outside of PIECP).
Privately-run for-profit prisons
Privately-run for-profit prisons such as CoreCivic (formerly CCA) and GEO Group,
which house at least 126,000 federal and state inmates (as of 2015), many of whom work in
for-profit company jobs in industries such as carpentry, computer applications, construction
and building trades, electrical trades, horticulture and landscaping, masonry, painting, and
11Breaking Down the Different Types of Prisons in America,

https://www.rasmussen.edu/degrees/justice-studies/blog/different-types-of-prisons/
14
plumbing. Pay can be as low as $0.16/day, although a CoreCivic prison in Tennessee can pay
as much as $0.50/hour for high skilled positions. Some for-profit prisons obtain Immigration
and Custom Enforcement (ICE) detainees.
Prison Industry Enhancement Certification Program (PIECP)
PIECP is a federal government program that allows for the creation of inmate jobs by
private sector companies, puts in place certain minimal standards for treatment of inmates,
and allows for the interstate commerce of prison-made goods. In general, only 5,000 inmates
work on PIECP projects.
State Prison Labor (outside of PIECP)
With approximately 1,370,000 inmates total, state prisons provide the lion’s share of
inmates for jobs that come from outside companies. Many inmates work internally in prison
upkeep jobs such as cooking, cleaning, and laundry; however, thousands of inmates produce
goods and agricultural products, participate in animal husbandry, or perform call center
services for outside companies.
Federal Prison Labor (Outside of PIECP)
As of 2017, Federal Prison Industries (which functions under the trade name
“UNICOR”) reported 16,891 inmates employed in UNICOR prison industry work, though it
claims approximately 18,000 inmates as participants in the program. Non-PIECP inmate
workers earn only $0.23 - $1.15 per hour through 83 factories. UNICOR inmates manufacture
a wide variety of products from apparel, awards, linens, and office furniture to distribution, 3D
modeling, and call center services.12
2.2. Civil Law system countries

Prison regime and labour in Germany
The prison system of Germany is under the jurisdiction of the State (Land) Ministries
of Justice and is primarily managed by prison administrations of the 16 states (Laender). A
total of 56,069 inmates are incarcerated in prison facilities in Germany. It means 67 inmates
per 100,000 population13. There are a total of 179 prison facilities in Germany. As for the
Federal states of Germany, the operation of prison facilities is implemented as follows.14
Federal state Number of prison facilities
Baden-Württemberg 27
Bavaria 38
Berlin 8
Brandenburg 6
12 Prison labor in the united states: an investor perspective,

https://missioninvestors.org/sites/default/files/resources/Prison%20Labor%20in%20the%20United%2
0States%20-%20An%20Investor%20Perspective.pdf
13 World prison brief: Germany, https://www.prisonstudies.org/country/germany
14 Verzeichnis der Vollzugsanstalten in der Bundesrepublik Deutschland,
https://justiz.de/onlinedienste/vollstreckungsplaene/vollzugsanstalten_deutschland.pdf
15
Bremen 8
Hamburg 5
Hessen 17
Mecklenburg-Vorpommern 7
Lower Saxony 19
North Rhine-Westphalia 43
Rhineland-Palatinate 10
Saarland 3
Saxony 11
Saxony-Anhalt 12
Schleswig-Holstein 7
Thuringia 5
А. Prison regimes and classification levels

The “Act on the execution of prison sentences and measures of reform and prevention
involving deprivation of liberty (prison act)”15 adopted on the 16th of March, 1976, Germany
regulates the regime of prison facilities in general.
Article 3 of the law is entitled “Prison Regime” and has the following contents.
- Life in penal institutions should be approximated as far as possible to general living
conditions.;
- Any detrimental effects of imprisonment shall be counteracted;
- Imprisonment shall be so designed as to help the inmate to reintegrate himself into
life at liberty;
Compared to Mongolia, the regulation related to the regime of Germany is a provision
with the effect of principle of protecting the freedom of inmates and their reintegration into
society. On the other hand, similar to the regulation in Mongolia, the regime of prison
institutions is legalized according to the type of facility.
According to Article 10 of the “Act on the execution of prison sentences and measures
of reform and prevention involving deprivation of liberty (prison act)”, open and closed prisons
are defined.
15Prison Act of 16 March 1976 (Federal Law Gazette Part I p. 581, 2088), as last amended by Article
1 of the Act of 19 June 2019 (Federal Law Gazette I p. 840)
16
Open Institutions Closed Institutions
An inmate shall, with his consent, be Inmates shall otherwise be committed to

committed to an open institution or unit if he closed institutions. Moreover, a inmate may be
meets the special requirements for such committed to a closed institution or be re-
treatment and, in particular, if it is not to be transferred to it if this is necessary for his
feared that he might evade serving his prison treatment.
sentence or abuse the opportunities offered by
an open institution to commit criminal offences.
Open prison facilities have fewer escape prevention measures than closed prison
facilities. It requires the inmate to voluntarily join a system of self-discipline, social skills, and
self-control and is the last and most important step toward “apply the rules of free living"
(resocialization). In general, it means that the inmate leaves the prison in the morning and
goes to his workplace. After work, he immediately returns to the prison and rests. At the facility,
inmates can participate in leisure, sports, and therapeutic activities. However, an inmate in an
open prison must strictly follow the established rules. The use of alcoholic beverages or
exceeding the time limit for arrival at the location is grounds for the transfer of the inmate to a
closed prison.
As of the 31st of March, 2021, 6,000 inmates, or 14 percent of the total 44,000 inmates
in Germany are serving their sentences in open prison facilities16.
In closed prison facilities, persons who have committed crimes and who are at
probability of escaping or reoffending are physically isolated from the outside world.
Except for inmates deemed fit for release, the inmates’ communication with the outside
world is restricted, and they are only allowed to meet their close people under supervision and
communicate by letter. Prison cells are locked and only open at certain times.
B. Prison labour and organization in prison facilities

Prison labour is organized following the “Act on the execution of prison sentences and
measures of reform and prevention involving deprivation of liberty (prison act)”17 adopted in
1976 in Germany. It is stated as a duty to perform the work in the law as follows.
The inmate shall be obliged to perform the work allocated to him and in keeping with
his physical abilities, or work-therapeutic or other occupation which he can perform owing to
his physical state. For up to three months a year, he may be obliged to perform some auxiliary
work in the institution, and if he consents also for a longer period. The first and second
sentences shall not apply to inmates who are older than 65 years, nor to expectant mothers
or mothers nursing a baby, as far as there are statutory provisions prohibiting employment to
protect mothers who are gainfully employed. Participation in work shall require the inmate’s
consent.
16 Federal Statistical Office Germany, penal system - demographic and criminological characteristics
of the prisoners on 31.03. - Subject series 10 row 4.1 - 2021,
17 Prison Act of 16 March 1976 (Federal Law Gazette Part I p. 581, 2088), as last amended by Article
1 of the Act of 19 June 2019 (Federal Law Gazette I p. 840)
17
In addition, the law specifically regulates issues such as inmate work, leisure time
accommodation, participation in vocational training, wage, and short leave. Also, according to
the legal regulations of Germany, inmates are not employed under different conditions
depending on the regime of the prison facility.
Federal state prisons employ inmates in eight areas: These include:
1. Housework
2. Work in private entitites
3. Work in entrepreneurial companies
4. Freelance work
5. Self-employment
6. Work therapy
7. Training
8. Education and other activities18
Apart from that, the prisons of the respective states have different types of labour. For
example, in the state of Hesse, inmates are employed in the following private enterprises and
subsidiary companies, depending on their qualifications.
• Locksmith’s shop
• Media workshop and prepress
• Printery
• Handicraft bookbinding19
In the States of Lower Saxony or Niedersachsen, inmates are also employed in the
following types of work:
• in the institution's own carpentry and locksmith's shop
• in law enforcement departments
• in the administration building
• in the outdoor facilities and green areas
• waste disposal
• in building maintenance
• in the kitchen
• in the laundry
18 Schriften zum Strafvollzug, Jugendstrafrecht und zur Kriminologie, Johannes Hillebrand,

“Organisation und Ausgestaltung der Gefangenenarbeit in Deutschland”, p. 182, https://rsf.uni-
greifswald.de/storages/uni-greifswald/fakultaet/rsf/lehrstuehle/ls-harrendorf/Bd34_9783936999587.pdf
19 JUSTIZVOLLZUGSANSTALT DARMSTADT Arbeit der Gefangenen,
https://justizvollzug.hessen.de/justizvollzug/jva-darmstadt/ausgestaltung-des-vollzuges/arbeit-der-
gefangenen
18
• in the clothing room, which keeps the inmate’s personal belongings20
2.3. Scandinavian law system countries

Prison regime and labour in Norway
The prison facilities of Norway are under the Ministry of Justice and Public Security
and are primarily managed by the Department of Corrections. A total of 3,032 inmates are
held in the prison facilities of the Kingdom of Norway. It means 56 inmates per 100,000
population. Moreover, the Kingdom of Norway has a total of 33 prison facilities as of 2021.21
“The Execution of Sentences Act” of the Kingdom of Norway, adopted on the 1st of
March, 2002, regulates prison facilities. According to Article 5 of the Act, The Norwegian
Correctional Service is organized into the Directorate of Norwegian Correctional Service,
regional level and local level. As of 2020, the Norwegian Correctional Service has established
regional institutions and the Norwegian Correctional Service training school. The regional
organization consists of institutions such as prisons, halfway houses, probation offices, and
anti-drug programme with court supervision.22
In total, Norway has a capacity of just over 3600 cells in 33 prison units with 58 prisons.
Almost 70 % of these are high-security.23

According to “the Execution of Sentences Act”, there are no security or classification levels
of prison facilities, and it is formulated as a type of prison.
• in prisons with a high security level (closed prisons)
• in prisons with a lower security level (open prisons)
• in halfway houses
• outside prison subject to special conditions
• on probation subject to conditions

A department in a prison that has a high level of security may be suitably organized
for inmates who have special needs, including persons sentenced to preventive detention, or
converted to an especially high-security level.
The Norwegian Correctional Service shall consider whether a convicted person may
be committed directly to a prison with a lower security level if he or she is sentenced to
imprisonment for a term not exceeding two years. No decision to make such a committal shall
be taken if the purpose of the sentence or security reasons contraindicate this, or there is
reason to assume that the convicted person will evade execution of the sentence. In special
20 Arbeit für Gefangene, https://www.justizvollzugsanstalt-

hannover.niedersachsen.de/startseite/arbeit_produktion/arbeit_fur_gefangene/arbeit-fuer-gefangene-
82259.html
21 World prison brief: Norway, https://www.prisonstudies.org/country/norway
22 The Norwegian correctional service, 2020 ANNUAL REPORT, p.6
23 Organisation of Norwegian correctional service, https://www.kriminalomsorgen.no/informasjon-paa-
engelsk.536003.en.html
19
cases, a convicted person may be committed directly to a prison with a lower security level
when he or she is sentenced to imprisonment for a term exceeding two years.
The Norwegian Correctional Service shall assess whether the convicted person can
be placed directly in a halfway house if he or she was sentenced to imprisonment for a term
not exceeding one year.
The Norwegian Correctional Service expands the above types and operates with a
total of 10 types of prison facilities.24 These types of prisons differ from each other in terms of
the organization and procedures for serving the sentence.
No. Type of prison facility Organization
High security prison A prison with a high security level (also referred to as a
closed prison) has a wall or high fence around the prison
area. All doors are essentially locked. When the inmates are
not working, at school or taking part in leisure activities
under the control of the prison officers, they are locked in
their cells.
Low security prison A lower-security prison (also called an open prison) has
fewer physical security measures than a high-security
prison, but it usually has a fence around the prison area,
and inmates are not allowed to leave the area.
Transitional housing Transitional housing is also prison, they have clear control
systems, but are perceived as less restrictive than other
prisons.
Particularly high level of security It is a more restrictive prison than high security prison. This
prison often includes inmates who are likely to escape and those
who have committed serious crimes.
Detention center Detention can be imposed on dangerous sane offenders

when an ordinary time-limited prison sentence is not
considered sufficient to protect society.
Punishment in institution Section 12 of the Execution of Sentences Act allows
inmates to serve their sentences in an institution in some
cases. Some inmates may need treatment, housing and/or
work training or other things that cannot be provided in
prisons.
Women in prison Women must, as far as possible, spend their time in prison
in their own prisons or in prison wards designed for women.
Immigration prison (Kongsvinger) Prison receives foreign inmates who are expected to be
deported after completing their sentence or who are to be
transferred to their home country.
Youth units Youth units are designed for inmates aged 15-18.
24Type fengsel og soningsformer, https://www.kriminalomsorgen.no/type-fengsel-og-

sikkerhetsnivaa.516316.no.html
20
Electronic control Whoever carries out punishment with ankle chains carries
out an unconditional prison sentence, but the punishment is
carried out with ankle chains outside the community.

“The Execution of Sentences Act” of the Kingdom of Norway does not specifically
address prison labour.
The labour programme constitutes by far the largest part of the activities offered in the
correctional services and is the largest daily activity for inmates in Norwegian prisons.
The work operation consists of various production workshops in wood - metal - textile
- ceramics and crafts. Other activities are kitchen and operation / services such as laundry,
cleaning, or exterior and interior maintenance tasks. The workshops employ people with both
relevant vocational skills and practical pedagogical education.
In addition, in some cases, inmates may work outside prison upon release.
The labour supply shall seek to provide the inmate with training, a normal working day,
and contact with others. Work is essential for self-reliance and integration into society.25
In Norway, work for inmates is not compulsory. However, all inmates are allowed to
work. Prison labour as a punitive measure is prohibited. Inmates express their desire to work
in administration. The administration must offer a job to everyone. The prison administration
organizes the division of labour. Inmates can request a transfer to a facility offering more
interesting work. Inmates do not, in principle, enter into an employment contract. They do, in
an open institution, when they work outside. The working day usually starts at 8:00 a.m. and
ends at 3:00 p.m. It is split in two by a lunch break and can last up to eight hours. Inmates
have two days off per week. Inmates are paid for their work. Salaries are significantly below
the national minimum wage. The average daily wage is NOK 65 (EUR 7). This amount is lower
than the hourly rate outside. Health and safety standards applicable outside are respected in
prison facilities26.
It could be concluded from the above that prison labour in Norway does not depend
on the regime, classification levels, and type of prison.
2.4. The mixed legal system of post-socialist countries

Prison regime and labour in Estonia, formally the Republic of Estonia
The prison system of the Republic of Estonia is under the Ministry of Justice
(Justiitsministeerium) and is primarily managed by the Department of Prisons
(Vanglateenistus). A total of 2112 inmates are held in the prison facilities of the Republic of
25 Arbeids- og aktivitetstilbud, https://www.kriminalomsorgen.no/arbeids-og-

aktivitetstilbud.527951.no.html
26 Norway prison, https://www.prison-insider.com/countryprofile/prisons-norway2019?s=vie-
quotidienne#vie-quotidienne
21
Estonia. It means 159 inmates per 100,000 population. In addition, the Republic of Estonia
has a total of 3 prison facilities as of 202127.
The prison system of the Republic of Estonia consists of Department of Prisons of the
Ministry of Justice, Tallinn Prison, Tartu Prison, Viru Prison and the Prison Committees.
The Department of Prisons of the Ministry of Justice is the central authority of the
Estonian Prison Service, the task of which is to manage and develop the work of prisons. The
Department consists of the following departments: Sentencing Enforcement Division,
Rehabilitation Division, Legal and Development Division, and Internal Control Division.
The Prison Committee is a body that works with balanced civic society to ensure that
prisons must also not constitute a closed system and the goings-on in prison should, rather,
be visible and comprehensible to the wider public, with the aim of ensuring that inmates enjoy
their basic rights.
Prison facilities are organized as follows28.
No. Name of prison Type of prison Type of inmate Number of

inmates
Tallinn Prison closed cell-based prison facilities males and females 1190 inmates, in
for inmates in custody pending in custody; adult addition 102 in
trial; closed dorm-type prison for male and female open prison
inmates held in imprisonment convicted
sections; open prison offenders
Tartu Prison closed cell-based prison with open adult males and 933 inmates, in
prison unit females in addition 60 in
custody; adult open prison
male and female
convicted
offenders
Viru Prison closed cell-based prison with open adult males and 974 inmates, in
prison unit females in addition 75 in
custody, adult open prison
male and juvenile
male convicted
offenders

The Law of the Republic of Estonia “Imprisonment Act”, which came into effect on the
th
12 of January, 2000, regulates the regime and classification levels of prison facilities. This
Act provides the procedure for and organization of execution of imprisonment, detention, and
custody pending trial, and the definition and conditions of prison service and service as a
prison officer.
27 World prison brief: Estonia, https://www.prisonstudies.org/country/estonia

28 Justiitsministeerium, institution, https://www.vangla.ee/en/intitutions
22
Article 6 of the law provides for the organization of prisons in an open and closed
manner, while Articles 7, 8, 9, and 10 define it29.
Regime of the The definition General condition

prison facility
Closed prison A closed prison is a prison with a Inmates shall be permitted to move about within
guarded wall or other barrier the territory of a closed prison at the locations and
which enables constant at the times provided in the internal rules and
supervision of inmates rules of procedure of a prison. Inmates shall be
separated in locked cells allocated to them from
lights-out until wake-up
Open prison An open prison is a prison with a Inmates are permitted to move about freely within
territory marked by clearly visible the territory of an open prison from wake-up time
signs. until lights-out. With the permission of the prison
service, inmates are also permitted to move
outside the territory of an open prison in
connection with their studies, work or provision of
health care services. From lights-out until wake-
up, inmates shall be separated in the rooms
allocated to them which shall be locked, if
necessary.

The Law of the Republic of Estonia “Imprisonment Act”, which came into effect on the
12th of January, 2000, regulates prison labour.
Inmates are required to work unless otherwise provided by this Act. The following
categories of Inmates are not required to work: Inmates of more than sixty-three years of age,
Inmates who are acquiring general or vocational education or participating in vocational
training, inmates who are unable to work for health reasons, and Inmates who are raising a
child of fewer than 3 years of age. The manner and content of work organization shall
correspond, as far as possible, to the organization of work outside prisons.
The prison service shall ensure, if possible, that an inmate is provided with work,
considering the physical and mental abilities and skills of the inmate. If it is impossible to
ensure that an inmate is provided with work, the inmate shall be required, if possible, to
participate in the maintenance of the prison. Moreover, the prison service may build plants
within or outside its territory, and allow inmates to work outside the prison.
Inmates’ working conditions shall comply with the requirements established by labour
protection law. Inmates may be required to work overtime, on their days off and on public
holidays only with the consent of the inmates. An inmate with regard to whom there is
adequate reason to presume that he or she will not commit a new offence shall, with his or
her consent, be allowed to work outside a prison without supervision or under supervision.
29 Imprisonment Act (Passed 14.06.2000, RT I 2000, 58, 376, Entry into force 01.12.2000),
https://www.riigiteataja.ee/en/eli/504112013005/consolide
23
Inmates who work will receive wages. Inmates who are required to participate in the
maintenance of a prison shall also be remunerated. The remuneration of an inmate shall be
at least 10 per cent of the minimum wage rate.
It has been clarified that there is no provision in the legal regulations of the Republic
of Estonia for prison labour depending on the regime and classification levels of the prison.
2.5. Mixed legal systems countries of the Japan and Philippines

Prison regime and labour in Japan
The prison facilities of Japan are under the jurisdiction of the Ministry of Justice and
are mainly responsible for the administration of corrections. A total of 45,714 inmates are held
in prison facilities in Japan. This is 36 inmates per 100,000 population. In addition, Japan has
a total of 184 prisons as of 2018. It includes 62 adult prisons, 8 branch prisons, 6 juvenile
prisons, 8 detention houses, and 100 branch detention houses30.
These prisons are organized into precincts, such as Sapporo Correctional Precinct,
Sendai Correctional Precinct, Tokyo Correctional Precinct, Nagoya Correctional Precinct,
Osaka Correctional Precinct, Hiroshima Correctional Precinct, Takamatsu Correctional
Precinct, and Fukuoka Correctional Precinct.
А. Regime and classification level of the prison facility

According to “Act on Penal Detention Facilities and Treatment of Inmates and
Detainees” adopted on the 25th of May, 2005 in Japan, it is possible to have an open prison.
Only inmates who meet the requirements for transfer to the open prison shall be transferred.
In Japan, prisons, juvenile prisons, and detention houses are collectively referred to as “penal
institutions.”31
In addition, according to Article 9 of the 1907 “Penal Code” of Japan, imprisonment is
divided into two types: imprisonment with work, and imprisonment without work.
Imprisonment with work shall be either for life or with a definite term, and the definite
term of imprisonment with work shall be not less than one month but not more than 20 years.
Imprisonment without work shall be either for life or a definite term, and a definite term
of imprisonment without work shall be not less than one month but not more than 20 years.32

Prison work allows sentenced inmates to live a well-regulated and diligent life to
maintain their mental and physical health and to develop their will to work, as well as let
inmates become more conscious of their role and responsibility in well-regulated community
life. It further aims to encourage re-entry into society by providing them with vocational
knowledge and skills. As a form of prison work, penal institutions hold vocational training so
30 World prison brief: Japan, https://www.prisonstudies.org/country/japan

31 Penal Institutions (Prisons / Juvenile Prisons / Detention Houses),
https://www.moj.go.jp/EN/kyousei1/kyousei_kyouse03.html
32 PENAL CODE (Act No.45 of 1907), https://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf
24
that sentenced inmates can acquire licenses and qualifications or vocational knowledge and
techniques. Work is also conducted to cultivate sociability, where sentenced inmates are
allowed to work outside the walls of the penal institution, or commute to a business
establishment outside the penal institution and work in an office without being escorted by
penal staff members.
Moreover, the “commuting to outside work, day leave, and overnight stays” system is
established to encourage the reform and rehabilitation of the sentenced inmates and their
smooth re-entry into society. If deemed necessary for a smooth re-entry into society,
sentenced inmates placed in an open-type institution or those whose parole has already been
decided may commute to a business establishment outside the penal institution without being
escorted by penal staff members to engage in outside work, or undergo vocational training or
be permitted day leave and overnight stays33.
Prison labour in the facilities of Japan is divided into the following 4 types34.
Production work Manufacture of goods and provision of labor service

・Furniture, print, dressmaking, metal leather work and farming, etc.
Vocational training Planned and organized training to help sentenced inmates to acquire or improve
knowledge and skills necessary for an occupation
・Acquire a vocational knowledge and skills contributing to work after release
・Training, such as to become an automobile technician, care worker, or
operator of vehicle type construction machine, through which inmates can obtain
vocational licenses contributing to a job
Self work Household work such as cooking and laundry, and maintenance work such as
repair of buildings, in penal institutions
・Cooking, laundry, haircutting, maintenance, etc.
Social contribution Work contributing to inmates’ reformation and rehabilitation and smooth re-
work integration into society, in which they may feel a sense of contribution to society
・Snow removal on school roads and weeding for vegetation conservation
3. An analysis of practical studies

The research team of the National Legal Institute of Mongolia visited 4 prison facilities
and conducted a questionnaire survey during the study. From the 6th of October to the 7th of
October, 2022, questionnaire surveys were collected from the inmates of the 427th
Open/Closed Prison Facility in Baganuur district and the 419th Open Prison Facility in Khentii
Aimag (province), under the guidance of the General executive agency of court decision. On
the 14th of October, 2022, questionnaires surveys were collected from juveniles of the Special
facility for training and correction, and on the 18th of October, 2022, from the inmates of the
405th Closed Prison Facility /special unit/ under the guidance of the General executive agency
33 Penal Institutions (Prisons / Juvenile Prisons / Detention Houses),

34 CORRECTION BUREAU, MINISTRY OF JUSTICE OF JAPAN, Penal institution in Japan,
https://www.moj.go.jp/content/001314589.pdf
25
of court decision. In total, 247 inmates of 1 special facility for training and correction, 1 special
unit of the closed prison facility, and 2 prison facilities with open and closed regimes were
given questionnaires.
Regimes and classification levels of imprisonment
Normal Special Normal Special

classificati classificati classificati classificati
on level of on level of on level of on level of
Open Open Closed Closed
Percentage
prison prison prison prison Tot
of total
facility facility facility facility al inmates
The 419th Open 12 71 0 0 83 (34%)

prison Prison Facility
where in Khentii
the aimag
senten (province)
ce is
427th 7 42 31 57 137 (47%)
being
Open/Closed
served
Prison Facility
in Baganuur
district
Special facility 7 0 0 0 7 (15%)

for training
and correction
Imprisonment 20 0 0 0 20 (37%)
for life, 405th
Closed Prison
Facility
/special unit/
Total 46 113 31 57 247 (39%)
26
Age of inmates
Over
56
years
Age 18-25 Age 26-35 Age 36-45 Age 46-55 of age
The 419th Open 12 28 19 13 5

prison Prison Facility in
where Khentii aimag
the (province)
sentenc
427th 20 53 30 22 10
e is
Open/Closed
being
Prison Facility in
served
Baganuur
district
Special facility 3 0 2 0 2
for training and
correction/comin
g from other
prison facilities
and working in
the household/
Imprisonment 10 7 2 1 0
for life, 405th
Closed Prison
Facility /special
unit/, /coming
from other
prison facilities
and working in
the household/
Total 45 88 53 36 17
27
Duration of the sentence served
Less More
than 3 3-6 7-9 10-12 than 13
Tota
years years years years years l
The 419th Open Prison 58 13 3 1 0 7

prison Facility in Khentii 5
where aimag (province)
the
427th Open/Closed 68 37 6 16 1 1
sentenc
Prison Facility in 2
e is
Baganuur district 9
being
served Special facility for 7 0 0 0 0 7
training and
correction/coming
from other prison
facilities and working
in the household/
Imprisonment for life, 17 3 0 0 0 2

405th Closed Prison 0
Facility /special unit/,
/coming from other
prison facilities and
working in the
household/
Total 150 53 9 17 1 2
3
1
According to the law, juveniles in a special facility for training and correction under the
guidance of the General Executive Agency of Court Decision can not work. According to the
law, inmates of the 405th Closed Prison Facility /special unit/ can work only in their cells. In the
course of the research, it was found that the inmates of the special facility for training and
correction and the 405th Closed Prison Facility /special unit/ are not working. But in the above
prisons, the inmates coming from the other open prison facilities are engaged in household
work, and a total of 27 inmates depend on it. In addition, inmates who work outside of the
prison under the contract of the open prison facility are not included in the study.
In this chapter of the study, prison labour and regime are examined. Therefore, as
practical research, it is appropriate to determine the employment status of 247 inmates of all
4 classification levels who answered the questionnaire. In this context, it was concluded how
28
the regime of the prison facility and the prison term affect the type of work the inmate is
engaged in, place of work, days and hours of work, working conditions, wage, and other things.
In doing so, the SPSS program was used to conduct a correlation analysis of the
results of the questionnaire. Correlation analysis is used to determine the relationship between
two variables and the relationship between groups of variables. In other words, it determines
whether there is a statistically significant linear relationship between two variables, the
strength of the relationship, and whether they are directly or inversely related. The type of
correlation and the strength of correlation are summarized by the following formulas.
The type of correlation:
Null hypothesis H0:ρ= 0, or the correlation coefficient of the original population is equal to 0,
a value of zero indicates that there is no relationship between the variables.
Alternative hypothesis Hа:ρ > 0 or the correlation coefficient of the original population is
greater than 0, and there is a direct correlation between the variables.
Alternative hypothesis Hа:ρ < 0 or the correlation coefficient of the original population is less
than 0, there is an inverse relationship between the variables.
The strength of a correlation:
0.1 < |r| < 0.3 … low / weak correlation
0.3 < |r| < 0.5 … moderate / moderate correlation
0.5 < |r| ……… very strong / strong correlation
А. Organization of labour depending on the regime of the prison facility
Regime and Description of the assessment

classification
level of prison
sentence?
Pearson (r) .029 194 inmates responded to this
question and found that the regime
Sig. (1-tailed) .343 of the prison facility and the place of
Where do you work?
work are directly related to each
N 194
other and that the relationship is
weak.
Pearson (r) -.344**

194 inmates responded to this
How many days a week do Sig. (1-tailed) .000 question, and the regime of the
you perform labour? prison facility and the inmate's
N 194 working day were not related.
Pearson (r) -.218** 189 inmates responded to this

question and found that there is a
How many hours a day do you Sig. (1-tailed) .001 weak inverse relationship between
perform labour?
the regime of the prison facility and
N 189
the inmate's working hours.
Pearson (r) .152*
29
Are there any risks or dangers Sig. (1-tailed) .014 211 inmates responded to this
at your workplace? question, and found that there is a
N 211 weak direct correlation between the
regime of the prison facility and the
condition in which the risk arises.
Pearson (r) -.053 199 inmates responded to this
Have you ever being punished Sig. (1-tailed) .228 weak inverse relationship between
during your work?
N 199
punishment.
Pearson (r) .026 204 inmates responded to this

Have you been introduced to Sig. (1-tailed) .357 weak direct correlation between the
the safety rules at workplace? regime of the prison facility and
N 204 whether they presented the safety
rules.
How are your labour and Pearson (r) -.098

working conditions different
Sig. (1-tailed) .074 question and found that the regime
from the work and working
of the prison facility and working
conditions of other ordinary
N 219 conditions were inversely related.
people?
Pearson (r) -.159* 210 inmates responded to this

Do you get compensated as a Sig. (1-tailed) .010 weak inverse relationship between
result of your labour?
N 210
whether or not they were paid.
Pearson (r) -.471**

How is your wage Sig. (1-tailed) .000 question and found that there is no
compensated? correlation between the regime of
N 134 the prison facility and wage.

Does the prison treat you question and found that there is a
differently from other inmates Sig. (1-tailed) .128 weak inverse relationship between
at work? the regime of the prison facility and
N 215
treating them differently.
To conclude from the above, it can be observed that the type of work, place of work,
working days and hours, working conditions, wage, and other things are not related to the
prison regime of the inmate in some cases, but weakly related in most cases. In other words,
it was observed from the results of the study that there is a weak relationship between the
regime and the employment of the inmates serving the prison sentence included in the study.
30
B. Labour organization depending on the term of the prison sentence
How much time Description of the assessment

of your
sentence have
you already
served?
Pearson (r) -.036

Sig. (1-tailed) .313 question, and found that there is a
Where do you work? weak inverse relationship between
N 184 the length of sentence served in
prison and the place of work.

question, and found that there is an
How many days a week do Sig. (1-tailed) .271 inverse relationship between the
you perform labour?
length of sentence served in the
N 185
prison and the days they work.

How many hours a day do you Sig. (1-tailed) .429 weak inverse relationship between
perform labour? the length of sentence served in
N 181
prison and the number of hours
worked.

Are there any risks or dangers Sig. (1-tailed) .210 weak inverse relationship between
at your workplace?
the length of sentence served in
N 200
prison and risk status.
Pearson (r) .042

.283 question and found that there is a
Have you ever being punished Sig. (1-tailed)
weak direct correlation between the
during your work?
N 189 length of sentence served in prison
and the status of punishment.

question, and found that there is a
Have you been introduced to Sig. (1-tailed) .230 weak inverse relationship between
the safety rules at workplace? the length of sentence served in
N 194
prison and whether or not the safety
rules are presented.
How are your labour and Pearson (r) -.081 207 inmates responded to this
working conditions different question, and found that there is a
from the work and working Sig. (1-tailed) .124 weak inverse relationship between
conditions of other ordinary the length of sentence served in
N 207
people? prison and working conditions.
Pearson (r) -.233** 198 inmates responded to this

question, and found that there is no
Do you get compensated as a Sig. (1-tailed) .000 correlation between the length of
result of your labour? sentence served in prison and
N 198
whether they were compensated or
not.
31
Pearson (r) -.203*
Sig. (1-tailed) .011 question, and found that there is a
How is your wage
weak inverse relationship between
compensated?
N 126 the length of sentence served in
prison and the wage status.
Pearson (r) -.033

Does the prison treat you Sig. (1-tailed) .318 question and found that there was a
differently from other inmates weak inverse relationship between
at work? N 205 the length of sentence served in
prison and treating them differently.
To conclude from the above, it could be observed that the type of work, place of work,
days and hours of work, working conditions, wage, and other things are not related to the
length of sentence served by the inmates in some cases, but weakly related in most cases. In
other words, the results of the study showed that there is a weak relationship between the
length of sentence served by inmates and the employment of inmates involved in the study.
In the course of the study, to obtain the survey by the method of focus group interviews,
the management staff of the 427th Open/Closed Prison Facility in Baganuur district, the 419th
Open Prison Facility in Khentii Aimag (province), the Special facility for training and correction
and the Special facility for training and correction under the guidance of the General Executive
Agency of Court Decision, supported this idea and mentioned that “Inmates have the same
employment status, except for the restrictions stipulated in the Law on the Enforcement of
Court Decision, such as inmates of the closed regime working in prison factories and areas,
life-sentenced inmates working in prison cells, and open-regime inmates working outside.”
4. Interim analysis and findings

This chapter of the studies conducted a comparative research and practical study of
the legal regulation of Mongolia, and foreign countries regarding the regime of the prison
facility, classification level, and prison labour. The results of the study could be summarized
as follows.
The results of the study
32
Legal regulation of Mongolia According to the Law on the Enforcement of Court Decision,
the labour organization of inmates differs depending on the
regime and classification level of the prison facility. Open
prison facility may put its inmate to work at legal entities that
the prison facility owns or has a stake in, or at other legal
entities on the basis of agreement, provided that proper
control and guarding is supplied. Grounded on request from
inmates of the open prison facility, the inmate may be out to
work in the closed prison facility, detention center, prison
hospital general services, and general service work of the
General Executive Agency of Court Decision. In other words,
it is possible to work outside the prison. Inmates in the closed
prison may work only in the production section of the prison
facility. In addition to complying with the labour protection and
safety regulations specified in the laws applicable to the
labour, work and vacation hours for inmates in closed prison
facilities may be different as opposed to the legislation on
labour. Inmates in the special unit of closed prison facility may
get to work only in the prison facility. In other words, inmates
can not work in the production section of the prison facility, as
in the normal and special classification levels of the closed
regime.
The United States Security and classification levels of prison facilities are
of America differentiated based on security levels. Instead, prison labour
is organized in the form of Privately-run for-profit prisons,
Prison Industry Enhancement Certification Program (PIECP),
State Prison Labour (outside of PIECP), and Federal Prison
Labour (Outside of PIECP). In other words, the prison labour
does not depend on the classification level of the prison.
The Federal Despite the names of open prisons and closed prisons, prison
Republic of labour is limited only to the work that can be done in that
Germany prison facility. In other words, prison labour does not depend
on the regime and classification level of the prison facility.
A comparative
study
Norway There are no security or classification levels of prison
facilities, and it is formulated as a type of prison. Prison
labour does not depend on the regime or classification level
of the prison facility.
Republic of Estonia Prison regimes and classification levels are divided into
closed and open. For prison labour, general regulations apply,
which do not depend on the regime or classification level.
Japan There are no prison regimes or classification levels. As for the

prison sentence, there are two types of imprisonment:
imprisonment with work and imprisonment without work.
Prison labour does not depend on the regime and
classification level of the prison facility.
33
Organization of The type of work an inmate is engaged in, place of work, days
prison labour and hours of work, working conditions, wage, and other things
depending on the are in some cases not related to the prison regime of the
regime of the prison inmate, and in most cases are weakly related. In other words,
facility when the inmates were surveyed by questionnaire method,
the inmates gave answers about the above conditions that did
not depend on the regime or classification levels.
Practical research
Organization of The type of work an inmate is engaged in, place of work, days
prison labour and hours of work, working conditions, salary, and other
depending on the things are in some cases not related to the length of sentence
length of served of the inmate, and in most cases are weakly related.
imprisonment In other words, when the inmates were surveyed by the
questionnaire method, the inmates gave answers about the
above conditions that did not depend on the regime or
classification levels.
In the case of Mongolia, according to the legal regulations, the location and conditions
of the prison labour differ depending on the regime and classification levels of the prison
facility. However, when conducting practical research, it is found that there is little correlation
between the prison regime and the organization of prison labour. Also, it could be seen that
prison labour is less related to the length of sentence served by inmates.
According to the results of the comparative study, no country organizes prison labour
depending on the regime and classification levels of the prison facility. In other words, general
regulations apply to prison labour. In some countries, it is important to consider that the inmate
will not commit a crime again in the case of working outside the prison facility.
34
TWO. COORDINATION BETWEEN GOVERNMENT POLICY AND INTER-SECTORAL
POLICY REGARDING THE PRISON LABOUR
1. Coordination between government policies and inter-sectoral policies regarding
prison labour in Mongolia
This chapter examines whether the inter-sectoral policy on prison labour and
organization of labour is based on the long-term, medium-term, and short-term development
policy documents of Mongolia.
1.1. An analysis of policy documents on prison labour in Mongolia
There are the following documents of the major planning or development policy being
implemented on prison labour.
1. “Vision 2050” long-term development policy of Mongolia;
2. Action plan of the Government of Mongolia for 2020-2024 or medium-term
development policy;
Development program related to “Vision 2050” long-term development policy of
Mongolia
“Vision 2050” long-term development policy of Mongolia includes the following
activities related to employment and organization of labour.
Objective 2.3.5 Continuously increase households' income by supporting employment and job
growth.
Objective 2.6.2 Identify demand and future development trends on the labor market and create an
equal and accessible environment fit to the needs and requirements of the labor
market based on the principles of open education.
Objective 2.6.3 Promote employment opportunities matching the needs of each population group.
Objective 2.6.6 Train skilled workers in line with labor needs and market demands of large
agricultural, industrial and infrastructure projects, and develop professional
education and training activities for graduates to create their own job opportunities.
Objective 2.6.7 Promote decent employment, increase economic activity of working-age population,
reduce unemployment and increase resources of the fund to support small and
medium enterprises.
Objective 5.5.4 Develop a human rights-based approach to law enforcement and implement
programs aimed at preventing and suppressing human rights violations.
Objective 7.3.2 Develop the correctional system on a regional basis.
Objective 7.3.4 Put into operation the complex of buildings and facilities of the “Educational
segregated units”, bringing the environment and conditions of imprisonment to a
level that meets human rights.
Objective 7.3.5 Ensure the health and safety of citizens with basic diseases and disabilities prisoned
and detained in correctional units, detention centers and “Educational segregated
units”, and create an environment and conditions that uphold human rights.
35
Action plan of the Government of Mongolia for 2020-2024 or medium-term
development policy
The following activities are planned in the development policy.
4.3.6 Increase the compensation of damages caused by crimes by aligning sentencing

policy with social development trends and creating work conditions for offenders.
1.2. Inter-sectoral activities and programs on prison labour

In Mongolia, relations regarding prison labour are regulated by the following legal
sources: laws, rules, and regulations.
No. Legislation acts Enacted date The subject and its

position that adopted
The Constitution of Mongolia 1992.01.13 the People’s Great Khural

of the Mongolian People’s
Republic
Labour law (Revised Version) 2021.07.02 the State Great Khural
Law on the enforcement of court decision 2017.06.09 the State Great Khural
(Revised Version)
Procedures for determining labour norms and 2018.07.04 Order A/131 of the
wage evaluation of inmates General Executive Agency
of Court Decision
Procedures for Deductions from the Inmate’s 2018.07.30 Order A/150 of the
Wages Minister of Justice and
Internal Affairs of Mongolia
Guidelines for the employment of inmates under 2015.05.06 Order A/100 of the Head of
contract the General Executive
Agency of Court Decision
Internal regulations of the prison 2017.07.04 Order A/183 of the

Minister of Justice and
Internal Affairs of Mongolia
About the apoption of the regime of prison 2017.07.04 Resolution No. 82, 204,
facility, the location of the prison and its territory 304 of the Government of
Mongolia
Unified occupational safety and health 2015.10.02 Order A/207 of the Head of
regulations of the General Executive Agency of the General Executive
Court Decision Agency of Court Decision
36
Regulation of the council with the function of 2017.08.30 Order No. A/165 dated the
granting bonus days to inmates and inmates 30th of August, 2017 of the
sentenced to restrictions on the right to travel, Head of the General
changing the regime and classification levels of Executive Agency of Court
the prison facility where the inmate will be Decision
served, and making proposals on pre-term
release and setting surveillance on the released
inmate.
In addition, the Ministry of Justice and Internal Affairs and the General Executive
Agency of Court Decision implement a variety of activities and programs in cooperation with
other agencies and ministries regarding prison labour, organization of the labour, and
socialization of inmates. In more detail, these are:
А. “Program for preparing inmates for release” adopted by the annex of the joint
orders A/167 and A/233 of the Minister for Labour and Social Protection and the Minister
of Justice and Internal Affairs dated the 30th of August, 2022.
The objective of the program is to ensure inter-sectoral coordination of social work and
services provided by the Family, child, and youth development agency, General agency of
labour and welfare services, the Training, assessment, and research institute for labour and
social protection, the General Department of court enforcement, the National police agency,
and the General Authority for state registration aimed at preparing and reintegrating the inmate
for release into society before the end of the prison sentence, preventing reoffending after
release, learning and working habits, preparing for family and work relationships, and
socialization.
The program is implemented between the Court decision enforcement, police and
registration organizations under the Ministry of Justice and Internal Affairs, Departments and
divisions of labour and welfare services of provinces, capitals, and districts under the Ministry
of Labour and Social social protection, Department and divisions of the Family, child, and
youth development agency, the Training, assessment, and research institute for labour and
social protection, Governors at all levels, other government agencies, legal entities,
organizations, non-governmental organizations, citizens and inmates to be released at the
end of its sentence.
The program includes regulations on prison labour and the organization of labour. For
example, a variety of activities will be implemented in the areas of providing labour practices
to inmates, organizing training, and supporting employment. Take into account each case:
Common measures to be Assessment of skills for living and working in the community
implemented within the
program
37
Measures to prepare for the Measures to be implemented by the General agency of Labour and
release of inmates Welfare Services:
-Provide vocational training, work preparation, and job placement
measures based on the inmate’s skills and needs;
Measures to be implemented by the Training, assessment, and
research institute for labour and social protection:
-Providing work practices, training to support talent and labour activity;
-Organize the assessment, and certification of prior knowledge and skills
of inmates in cooperation with relevant professional councils;
Actions to implement the Before the release of the inmate, determine the employment resources,
program interests, and needs, and provide necessary employment information and
services;
Training for necessary skills after release, involvement in other events, job
placement, providing labour market information and services, maintaining
feedback;
This program is not eligible for all inmates and only for those who meet certain criteria.
These include the following criteria: actively participated in the training and socialization work
program while serving the prison sentence, one year has passed since the disciplinary penalty
was taken, realized its shortcomings and received positive evaluations from social workers
and staff of the prison, and applied to the prison administration to join the program.
B. “Procedures for organizing training at the vocational training and production
center” adopted by the annex to Order No. A/46 of the Head of the General Executive
Agency of Court Decision dated the 9th of March, 2020
The procedure is aimed at regulating the relationship between the parties involved in
the organization of vocational training and professional training by the Vocational Training and
Production Center under the General Executive Agency of Court Decision. The objective is to
provide the inmate with vocational training, and employment in the production section of the
prison facility, to create an opportunity for payment of any damages inflicted to citizens and
legal entities due to crime, and then after release, to create conditions for independent work
in a society with certification acquired.
Vocational education is organized for one year and vocational training for one month
respectively. The training will be organized following the training plan and competence-based
training program adopted by the Department of Vocational Education and Training Policy
Implementation of the Ministry of Labour and Social Protection, according to the “Guidelines
for providing vocational education and organizing vocational training” and “Course Schedule”
adopted by the director of the department.
Vocational education training is organized in 8 areas: construction plasterer, concrete
rebar, rebar worker, electrician, carpenter, plumber, welder, and cook.
In addition to the 8 areas mentioned above, vocational training is organized in the fields
of Mongolian blacksmith, seamstress, working sewing kettle machine, engraver, leather
craftsman, knitting factory technology worker /knitter/.
38
Inmates who have received vocational education and vocational training in the above
areas will be evaluated according to the following regulations “Evaluating the level of
qualifications of citizens who have acquired professional skills, graduates of vocational
education and training institutions, and conducting external examinations", adopted by Order
No. A/50 of 2017 of the Minister of Labour and Social Protection, and “Assessing and
evaluating student knowledge, skills, and practices"|adopted by joint order No. A/506, A/155
of 2019 of the Minister of Labour and Social Protection and the Minister of Education, Culture,
Science, and Sports, and the level of qualification will be determined.
The final examination will be organized by the evaluation team appointed by the
director of the department, and the students who have been evaluated as “competent” will be
issued a professional license or a certificate of competence according to the regulation of “For
Issuing Vocational Diplomas, Licenses, and Certificates to Graduates of Vocational Education
and Training Institutions” adopted by joint order No. A/505, A/267 of 2019 of the Minister of
Labour and Social Protection and the Minister of Education, Culture, Science, and Sports.
The “Program for preparing inmates for release” adopted by the annex to the joint
orders A/167 and A/233 dated the 30th of August, 2022 of the Minister of Labour and Social
Protection and the Minister of Justice and Internal Affairs has the following shortcomings. In
particular, there is a flaw in that measures is being taken to include inmates who are about to
be released, not all inmates, into the program. It would be better to include all the inmates in
the program and to implement work practices and socialization activities.
C. The project of establishing a new railway link between Zuunbayan-Khangi
direction, which is one of the development projects included in the “New Revival
Policy”
The inauguration of the 226-km railway link in the Zuunbayan-Khangi direction, one of
the major projects implemented within the framework of the "New Revival Policy" proposed by
the Government of Mongolia, took place on the 11th of March, 2022, at Khalzan Tsav, the
fourth district of Mandakh Sum, Dornogovi Province. The railway direction will be laid south of
Tavan Tolgoi-Zunbayan railroad, and the beginning of this railroad will be located 303 km east
of Tsogttsegtsii Sum, Dornogovi Province, 80 km southeast of Mandakh Sum, Dornogovi
Province, and 112 km west of Zuunbayan. Therefore, the shortest distance to Khangi border
port in Khatanbulag sum is 226 km.
In other words, if it is about 260 km to build a railway south of Zuunbayan, it will take
a shorter route from this new stop. Therefore, the biggest station on the Zuunbayan-Khangi
railway link will be built here.
The government will not spend a single penny for the construction of the railway, and
the joint venture of “Mongolian Trans Line” and “Mongolian Trans Logistics” has entered into
a concession agreement to build the railway with its funds and return it to the government after
using it for 20 years. In this regard, “Mongolian Trans Line” LLC is participating in the
development of the project under the terms of design development and transfer of use under
the concession agreement, and currently, 32 legal entities are working on more than 200 km
of land. A contract was signed for the construction of a minimum of 4 km and a maximum of
10 km.35
Accordingly, the prison facilities under the General Executive Agency of Court Decision
signed an agreement with “Mongolian Trans Line” LLC based on the provisions of Section
35 “The construction of Zuunbayan-Khangi railway link has started”,

https://montsame.mn/mn/read/292070, Visited: 2022.10.27
39
217.1 of the Law on the Enforcement of Court Decision, and inmates from the prison of the
open regime are working under the contract. Therefore, the prison facility shall obtain
permission from the Department of serving the sentence of the General Executive Agency of
Court Decision, present it to the supervising prosecutor, and organize security, labour
protection, and safety rules following relevant legislation and regulations to prevent possible
escapes, crimes, accidents, and violations. In the course of the study, a certain number of
inmates are working under the contract with the “Mongolian Trans Line” LLC from the 419th
Open Prison facility and the 427th Open/Closed Prison facility.
D. Inter-sectoral activities and programs on prison labour implemented by the
General Executive Agency of Court Decision and its affiliated organizations
Date Programs and activities Detailed information
2018.02.01 An exhibition to present 5 state-owned enterprises and 5 manufacturing prison

the products of the state facilities affiliated with the General Executive Agency of Court
budget, state-owned, Decision will present their products such as shoes, clothes,
enterprises under the
function of the Minister of handicrafts, and construction materials to the public, sales of
Justice and Internal products, and take orders.
Affairs.
2019.06.12 Voluntary social More than 80 inmates of the 421st open prison facility of
insurance for inmates in Bayanzurkh district have participated in voluntary social
Bayanzurkh district insurance.
2019.06.18 A memorandum was Within the memorandum, to support decent labour of citizens
established to cooperate who have been released from imprisonment or serving a
with the non-custodial sentence other than imprisonment /probation, coercive
sentence department of
the General Executive measures, a penalty of deprivation of rights, fine, compulsory
Agency of Court community work/, provide career guidance counseling, based
Decision, the on their needs and skills, place them in suitable jobs, provide
prosecutor's office of the them with free qualification training, and organize and
Sukhbaatar district, as cooperate with measures to increase sustainable
well as the labour and
employment to improve living standards.
welfare services
department of the
Sukhbaatar district.
2019.07.10 “Motherland is lack of The campaign, which was organized for a total of five months,
men” campaign aims to socialize inmates, provide them with vocational
education, increase their confidence and desire to work and
live in society after their release, and prevent them from
committing crimes again.
2019.08.29 professional licenses and As of August 2019, the Vocational Training and Production
certificates of Center has organized vocational training for a total of 522
competence to be issued inmates, 149 inmates have been given professional licenses,
to inmates
205 inmates have been given competency certificates, and
168 inmates have gone to production practice.
40
2022.01.27 Zoom training for 1,170 On 21st of December, 2021, a cooperation agreement was
inmates as part of the signed with Brigadier General D. Damdintseren, First Deputy
implementation of the Head of the General Executive Agency of Court Decision, and
“One Billion Tree
National Movement” A. Buyanbaatar, Director of the School of Agroecology of the
Mongolian State University of Agriculture on the initiative of
the implementation of the “Billion Trees National Movement”
and aligned the sentencing policy with tree planting activities,
within the framework of the work of planting 100 million trees
based on internal resources. In this context, from the 19th of
January to the 21st of January, 2022, a 14-hour online training
was organized on the topics of “Afforestation, Agro-Forestry”,
“Agrotechnology of cultivation”, "Irrigation", "Fertilizer",
“Plant Protection”, and “Care”. A total of 1170 inmates have
participated.
2022.04.22 The “100 million trees” The Ministry of Environment and Tourism and the General
program announced the Executive Agency of Court Decision has signed a
General Executive memorandum of cooperation.
Agency of Court Decision Within the national movement, “One Billion Trees and the
within the “One Billion General Executive Agency of Court Decision has started the
Trees" national work of the “100 million trees” program in the organization and
movement local areas efficiently and in stages.
The program was approved by prison facilities, the department
for enforcement of non-incarceration penalties, and their
affiliated units to provide jobs, training, and arboriculture
education to inmates.
As part of the “100 million trees” program, spruce, elm, silver
poplar, cultivated cedar, pine, larch, willow, apricot, sycamore,
raspberry, gooseberry, blackberry, prototype apple, and apple
are being selected and prepared for seedlings.
The General Executive Agency of Court Decision has
developed and approved plans for branches and units within
the “100 million trees” program.
In addition, reforestation work is underway in the 417th Open
Prison facility in Mungunmorit Sum, Tuv Province, the 413th
Open Prison facility in Kharkhorin sum, and the 413th Open
and Closed facility in Mandal Sum, Selenge Province, which
previously worked in arboriculture and preparation. Also,
branches and units of the General Executive Agency of Court
Decision started to negotiate agreements with local
government and administrative units for tree propagation.
41
2022.06.21 Open day for law On the 15th of June, 2022, an open day was organized to
promotion and promote law and employment in cooperation with the
employment promotion department for enforcement of non-incarceration penalties of
the General Executive Agency of Court Decision, the meeting
of citizens' representatives of Songinokhairkhan district, the
district prosecutor’s office, and the police station.
On the open day, the district labour and welfare services
department and the Mongolian employers’ federation
organized work placements for unemployed citizens and
citizens sentenced to non-incarceration penalties, those who
were released early from prison sentences and placed under
supervision, and the General Executive Agency of Court
Decision gave legal advice to citizens.
2022.06.29 ”Agreement on Within the “One Billion Tree” National Movement initiated by
cooperation in the field of the President of Mongolia, the General Executive Agency of
tree planting and Court Decision has approved the “100 Million Tree” program
maintenance” with state- and is working to ensure its implementation.
owned mining In this context, to expand production, increase jobs, provide
corporation “Erdenet” job orientation to inmates, and create conditions for
compensation for damages caused to the society, legal
entities, and citizens of the 437th Open Prison facility in
Orkhon Province signed a cooperation agreement in the field
of planting a tree with the state-owned “Erdenet Mining
Corporation”.
Source: website of the General executive agency of court decision https://cd.gov.mn/ccl/0/1
2. A comparative study of foreign countries

In the previous part of the study, inter-sectoral policies and measures related to prison
labour in Mongolia were discussed. This section examines what policies and measures are
established and implemented in some countries around the world regarding prison labour.
Inter-sectoral policies and actions related to prison labour in the United States
of America
The Federal Bureau of Prisons (BOP), the federal agency for prisons in the United
States, implements the following policies regarding the prison labour36.
No. Project title Enacted date
5250.02 Public Works and Community Service Projects 10-02-2000
5521.06 Searches of Housing Units, Inmates, and 06-04-2015

Inmate Work Areas
36 BOP Policies, https://www.bop.gov/PublicInfo/execute/policysearch
42
5251.06 Work and Performance Pay, Inmate 10-01-2008
8281.02 Work Measurement Program 07-31-2003
8120.03 Work Programs for Inmates − FPI 02-23-2017
А. Policy on public works and community service projects

Public works projects are institution work assignments performed for other federal
agencies either in the institution or at other federal agency work sites under the authority of
Title 18 U.S.C. § 4125(a) which states:
“The Attorney General may make available to the heads of the several departments
the services of United States inmates under terms, conditions, and rates mutually agreed
upon, for constructing or repairing roads, clearing, maintaining and reforesting public lands,
building levees, and constructing or repairing any other public ways or works financed wholly
or in major part by funds appropriated by Congress.”
These project works are generally divided into public works and community service
works.
Public works project Community service project
regular paid work detail non-paid work detail/voluntary program
on-site or off-site on-site or off-site
federal agencies only local gov’t or non-profit, charitable organizations
national agreement no national agreement required
local agreement no local agreement required
request to regional director request to regional director
long term/short term short term
B. Policy on searches of housing units, inmates, and inmate work areas

In order to further the safe, secure, and orderly running of its institutions, the Bureau
of Prisons conducts searches of inmates and of inmate housing and work areas to locate
contraband and to deter its introduction and movement.
C. Policy on inmate work and performance pay
The policy defines the work results and wages of inmates. The Bureau of Prisons
operates an inmate work program within its institutions. To the extent practicable, the work
program:
43
- Reduces inmate idleness, while allowing the inmate to improve and/or develop useful
job skills, work habits, and experiences that will assist in postrelease employment; and
- Ensures that activities necessary to maintain the day-to-day operation of the
institution are completed;
- Sentenced inmates who are physically and mentally able to work are required to
participate in the work program. When approved by the Warden or designee, drug treatment
programming, education, or vocational training may be substituted for all or part of the work
program.
The Warden may recognize an inmate’s work performance or productive participation
in specified correctional programs by granting performance pay.
D. Policy on inmate’s work measurement program
The purpose and scope of the policy is to establish and maintain a work measurement
program at all Federal Prison Industries (FPI) factories. Production standards provide the
basic data for many components of production management such as:
- Capacity planning;
- Determination of accurate standard direct labor costs;
- Shop floor control;
- Factory loading;
- Item Standard Routings;
- Line balancing;
- Manufacturing methods improvements;
F. Policy on work programs for inmates − FPI
It is the policy of the Bureau of Prisons to provide work to all inmates confined in a
federal institution. Federal Prison Industries, Inc. (FPI) was established as a program to
provide meaningful work for inmates. This work is designed to allow inmates the opportunity
to acquire the knowledge, skills, and work habits which will be useful when released from the
institution.
- Each inmate will obtain knowledge, skills, and work habits to use upon release;
- Inmates working for FPI will be compensated according to the grade level attained or
local prevailing wage for PIECP work;
- FPI Corporate Management will develop a Memorandum of Understanding (MOU)
(i.e., Annual Operating Plan) with each Warden and the Superintendent of Industries
(SOI) or highest ranking official annually, specifying the level of inmate employment;
- Inmate worker positions will be classified appropriately, based upon principles of pay
equity, economy, and workforce resources;
- An FPI work opportunities presentation will be made during each Admission and
Orientation session;
44
Inter-sectoral policies and measures related to prison labour in Germany
In Germany, inmates are employed under the same conditions regardless of whether
they work in the private sector or a government organization.
It is described in Johannes Hillebrand’s work “Organization and design of prison labour
in Germany”.
Private entities and government organizations that provide production and craft
services are located in prison facilities. These organizations not only meet the needs of welfare
organizations or other organizations but also supply goods and materials to the free market.
The issue of such prison labour is regulated at the state level. The working conditions of
inmates must be the same as in other similar production facilities.
In the case of employment in the factory of the prison facility, devices and raw materials
used are owned by the public sector, so economic risks may arise. On the other hand,
employing inmates in private entities makes it difficult for them to be educated and socialized37.
In addition, Germany has a policy regarding inmates released from the prison facility.
However, the policy is not being implemented due to a lack of coordination between
institutions38.
Inter-sectoral policies and measures related to prison labour in Norway
The policy for the Norwegian Correctional Service 2021-2026 is defined in the
document “Operational strategy for the Norwegian Correctional Service 2021-2026”.
According to this policy document, the change in the labor market is one of the main
factors may influence the Norwegian Correctional Service's strategic position39.
Also, the goal of developing inter-sectoral cooperation was put forward40.
General goal -Developing targeted inter-sectoral cooperation
Sub-goals - Our work is interdisciplinary and coordinated to ensure

meaningful content and progression
- We facilitate services from non-governmental (NGO)s and
user organisations
- We develop measures in cooperation with other actors in the
criminal justice chain and welfare agencies.


39 Operational strategy for the Norwegian Correctional Service 2021 - 2026, p.15,
https://www.kriminalomsorgen.no/getfile.php/4888894.823.ijuubwissujnwu/KDI_strategibrosjyre_TRY
KK_FINAL2_Engelsk.pdf
40 Operational strategy for the Norwegian Correctional Service 2021 - 2026, p.23,
https://www.kriminalomsorgen.no/getfile.php/4888894.823.ijuubwissujnwu/KDI_strategibrosjyre_TRY
KK_FINAL2_Engelsk.pdf
45
Accordingly, the Norwegian Correctional Service organizes activities in cooperation
with the Norwegian Labour and Welfare Administration (NAV). One of the pilot programs is
“Progression towards reintegration measures”.
Norwegian Labour and Welfare Administration delivers and governs a broad range of
social security benefits, labour market measures and services, and social assistance.
In 2009/2010 the Norwegian Directorate of Labour and Welfare launched a three-year
pilot project “Coordination of measures for reintegration” in six prisons. The aim was to develop
new models of cooperation between correctional services and the Norwegian Labour and
Welfare Administration (NAV). In doing so:
- access to vocational training, work experience training, job finding-activities etc
- training inmates who were previously unemployed in work experience and skills;
- arrange to retain the jobs of inmates who were previously employed as much as
possible41;
Inter-sectoral policies and measures related to prison labour in the Republic of

Estonia
In the case of the Republic of Estonia, the policy regarding prison labour is
implemented relatively autonomously. Below are two major projects and programs
implemented by prison facilities.
Re-entering the job market after a spell in prison is a path with many pitfalls. Stigma,
a lack of specialization and a loss of skills during lengthy periods of imprisonment often
combine to reduce inmates’ chances of employment. In Ida-Virumaa, Estonia, a project offered
them job-based training in prison and supported inmates’ access to jobs in the area. Thanks
to the support of the European Social Fund, inmates received training in areas including
sewing, assembling moccasins, welding, painting and woodworking.
Managed by the Estonian Prison Industries (AS Eesti Vanglatööstus), the project also
helped inmates find jobs in private companies. Businesses that hired an inmate received wage
subsidies and support for organizing transportation between workplace and prison. The
initiative has triggered tangible results for inmates, local businesses and the region as a
whole42.
Inter-sectoral policies and measures related to prison labour in Japan
In Japan, there are four types of prison work:
1. Production work
2. Social contribution work
3. Vocational training
41 Social Welfare and Labour Services in Norwegian Prisons,

https://www.academia.edu/30329809/Social_Welfare_and_Labour_Services_in_Norwegian_Prisons
42 Europian social fund, Helping prisoners get back into employment,
https://ec.europa.eu/esf/main.jsp?catId=46&langId=en&projectId=441
46
4. Self-employed work
Social contribution work is work, approved by the director of the Correction Bureau,
providing labour that correctional facility administrators particularly acknowledge contributes
to rehabilitation and smooth reintegration because inmates feel they are contributing to
society43. Vocational training for inmates and work in other institutions is a part of the sentence,
so it is implemented as a form of execution of the sentence, not a policy, for Japan.
3. Interim analysis and findings
In this chapter, in addition to the study of Mongolian policy documents and inter-
sectoral policies and measures on prison labour, research was also conducted on prison
labour around the world. The results of the study are summarized as follows.
The results of the study
Policy document on prison By harmonizing the penal policy with the trends of
labour in Mongolia social development and providing working
conditions for inmates and activities conducted with
the main direction of increasing compensation for
damages caused by crimes.
Inter-sectoral policies and Activities conducted to prepare inmates for work

measures on prison labour in practices upon release through the program and to
Mongolia prepare them for work experience during the period
Policies and of incarceration through vocational training and
measures production center. Inmates are also employed by
regarding prison private entities under contract for construction work.
labour in Mongolia In addition, activities are especially focused on
making inmates work and training them in labor
experiences. For example, the “One Billion Tree”
National Movement, the open day to support prison
labour, etc. In other words, it could be seen that the
legal basis for the implementation of inter-sectoral
cooperation has been established and its
implementation has started.
United States of America Following policies are being implemented regarding

Public works and community service projects,
Searches of housing units, inmates, Work and
performance pay, inmate, Work measurement
program, and Work programs for inmates − FPI for
A comparative inmates. Among them, the policy on public works
study and community service projects is an important and
comprehensive program that aims to create inter-
sectoral social construction based on prison labour.
43 Ministry of Justice, Prison Work, https://www.moj.go.jp/EN/kyousei1/kyousei_kyouse10.html
47
Federal Republic of Inmates are employed under the same conditions
Germany regardless of whether they work in the private
sector or a government organization. In addition,
the policy to prepare the inmate for release is
especially considered.
Norway Inter-sectoral policies and measures regarding

prison labour are included in the policy document.
The Norwegian Correctional Service organizes
activities in cooperation with the Norwegian Labour
and Welfare Administration (NAV). One of the pilot
programs is “Progression towards reintegration
measures”. Therefore, enables access to
vocational training, work experience training, job
finding-activities, etc
Republic of Estonia The project offered them job-based training in

prison and supported inmates’ access to jobs in the
area. The project also helped inmates find jobs in
private companies.
Japan Vocational training for inmates and work in other

institutions is a part of the sentence, so it is
implemented as a form of execution of the
sentence, not a policy, for Japan.
In Mongolia, the General executive agency of court decision is implementing several

activities in that field, as reflected in the policy document on prison labour. However, it can be
seen that the measures implemented in Mongolia are not coordinated and are one-time
measures. Regarding the comparative study, it was determined that the United States of
America has implemented several major policies or projects regarding prison labour. For
example, the policy on public works and community service projects is a policy that could be
a good practice in public development. Therefore, it is appropriate for Mongolia to take practice
from that the United States of America when implementing policies and measures regarding
prison labour as a comprehensive state policy. In other words, in the field of public
development, the Ministry of Justice and Internal Affairs, in cooperation with the Ministry of
Construction and Urban Development and the Ministry of Food and Agriculture, can implement
similar projects and measures mentioned above. Around the world, implementing measures
could be seen as good practice, such as keeping inmates’ jobs, conducting vocational training,
and implementing programs for work in private entities. These measures can be implemented
by the Ministry of Labour and Social Protection and the Ministry of Justice and Internal Affairs
of Mongolia.
48
THREE. RESEARCH ON THE EMPLOYMENT OF INMATES SENTENCED TO LIFE
IMPRISONMENT
1. The conditions of the inmates sentenced to life imprisonment and their employment
status
On the 3rd of 2015, the Mongolian Parliament revised its Criminal Code, which
abolished the death penalty for all crimes and replaced it with life imprisonment as the heaviest
penalty. Since the revised Criminal Code came into force on the 1st of July, 2017, the inmate
sentenced to life imprisonment by the court is serving their sentence in the Special Unit of the
405th Closed Prison facility under the General Executive Agency of Court Decision.
The research team visited the Special unit on the 18th of October, 2022, met with the
conditions of the inmates serving their sentences and conducted a questionnaire survey,
individual interviews with the inmates, and individual interviews with the staff.
A total of 33 inmates detained in the special unit participated in the questionnaire

survey. There are 11 inmates sentenced to life imprisonment, and 22 inmates came to a
special unit who were sentenced to the penalty of imprisonment for the period due to the
increase of the classification level.
As a result of the questionnaire survey, it was found that the inmates had never worked
during their imprisonment in the prison facility. However, inmates who came with an increased
classification level answered that they had worked in other prison facilities before, while the
inmates sentenced to life imprisonment answered that they had never worked during their
imprisonment.
Among the inmates sentenced to life imprisonment, 3 inmates responded to the

questionnaire that they want to work. Also, 5 inmates who came to the special unit with
increased classification levels have expressed their interest in working. Among them, one
inmate expressed his desire to make Mongolian and Buriat shoes in his cell because he can
sew. Below is an excerpt from an interview with an inmate serving life imprisonment.
Interview
The law stated that an inmate sentenced to life imprisonment could be employed in a prison
cell, but so far no labour has been done. I think that if I work, time will pass quickly, and I will
have some wages to spend. I hope that someday I will work. It would be useful for us who are
sentenced to life imprisonment to work in a sewing workshop or some other workshop.
According to the interviews with prison staff, since the revised Criminal code and the
Law on enforcement of court decision came into force, the inmates held in the special unit did
not work. But in the past, there were printing and framing factories in the special unit, and
inmates worked in these factories.
During the interview, the prison staff mentioned that they are searching the work that
is suitable for the conditions of the inmates in the special unit, and that they held paper crafting
classes several times to give work practice to the inmates.
While the research team visited the special unit and was introduced to the condition,
the inmates’ paper-made “Mongolian yurts” were displayed in a glass shelter for exhibition
purposes. Moreover, the inmates’ personal belongings were placed on the opposite wall
49
outside each inmate’s cell, there were simple clumsy containers made of paper for holding
toiletry items such as cup lids, toothbrushes, and toothpaste. These are items made during
the above-mentioned training rather than the result of labour done by the inmates.
In conclusion, the inmates serving their sentences in the special unit of the 405th
closed prison facility under the General Executive Agency of Court Decision do not perform
any work at all. Some inmates are willing to work. Indeed, the prison facility is actively
organizing training for the inmates to get work experience and is studying the possible jobs
for the inmates in the future.
2. Legal regulation
In 2012, due to the ratification of Mongolia to the Second Optional Protocol to the
International Covenant on Civil and Political Rights, the preamble and Article 1 of the treaty
state that “No one within the jurisdiction of a State Party to the present Protocol shall be
executed”, and “Each State Party shall take all necessary measures to abolish the death
penalty within its jurisdiction”. Therefore, the Mongolian Parliament abolished the death
penalty and replaced it with the sentence of life imprisonment in connection with the fulfillment
of the duties stipulated in the Second Optional Protocol to the International Covenant on Civil
and Political Rights.
Life imprisonment is defined and regulated in Article 5.6 of the Criminal Code. The
court shall settle whether to discharge a penalty of a person, who was sentenced to life
imprisonment in the special unit of closed prison, after twenty-five years of imprisonment
taking into account the circumstances of committing a crime, the character of damage and
harm caused, and personality of a person. Moreover, a person who committed a crime before
reaching eighteen years old shall not be imposed a penalty of life-term imprisonment.
Life term imprisonment has been legislated for the following crimes under the Criminal
code: The murder committed with aggravating circumstances specified in Section 2 of Article
10.1; Rape committed with an extremely aggravating circumstances specified in Section 4 of
Article 12.1; Sexual exploitation committed with an extremely aggravating circumstances
specified in Section 4 of Article 12.3; Human trafficking committed with an aggravating
circumstances specified in Section 3 of Article 13.1; High treason against the Motherland
specified in Article 19.1; A deliberate encroachment on the life of a high ranking official of a
state committed with an aggravating circumstances specified in Section 2 of Article 19.3;
Illegal cooperation with foreign intelligence agency, agent committed with an aggravating
circumstances specified in Section 2 of Article 19; Organization of an armed riot specified in
Article 19.5; Sabotage committed with an aggravating circumstances specified in Section 2 of
Article 19.6; Illegal use of narcotic drug and psychotropic substances committed with an
extremely aggravating circumstances specified in Section 4 of Article 20.7; Planning,
preparing, unleashing or waging an aggressive war specified in Article 29.1; Use of method
and means prohibited during warfare committed with an extremely aggravating circumstances
specified in Section 2 of Article 29.4; Genocide specified in Article 29.5; Assault on persons
enjoying international protection committed with an aggravating circumstances specified in
Section 2 of Article 29.7; and Acts of terrorism specified in Article 29.8;
50
According to Article 199.1, Article 199.3, and Article 200, Article 200.1 of the Law on
Enforcement of Court Decision, an inmate sentenced to life term imprisonment shall serve his
sentence in solitary confinement in a special unit (classification) of a closed prison facility.
Thus, the employment of an inmate serving a life term imprisonment is regulated by Section
199.6 of Article 199 and Section 200.3 of Article 200 of the Law on Enforcement of Court
Decision, and the mentioned Section 200.3 of Article 200 states that “Inmates may get to work
only in the prison facility.” This provision of the law does not contain a prohibition on prison
labour, but only a restriction on the prohibition of employment in places other than those
specified in the article. However, as mentioned in the previous section, the inmates who are
serving life term imprisonment in the special unit of the 405th closed prison facility under the
General executive agency of court decision do not work at all. The situation raises legal issues
related to compensation for damage caused and inmate reintegration into society, each of
which will be considered separately in the next section of the study.
A. The lack of opportunity for life-term sentenced inmates to pay compensation

for damages they caused limits the possibility of restoring violated rights.
International legal documents such as “The Universal Declaration of Human Rights”,

“International Covenant on Civil and Political Rights”, UN General Assembly Resolution 40/34
of 1985 “Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power”
and the “Constitution of Mongolia” and other laws, the state that the obligation to compensate
and restore damages caused by violations of human rights and freedoms. Specifically, in
Section 14 of the Sixteenth Article of the Constitution of Mongolia, “the right … to be
compensated for the damage illegally caused by others”, and in the Nineteenth Article, “the
State shall be responsible to the citizens for the creation of economic, social, legal and other
guarantees ensuring human rights and freedoms, to fight against violations of human rights
and freedoms, and to restore infringed rights” are specified.
The purpose of the revised Criminal code shall intend to protect human rights and
freedoms assured by the Constitution of Mongolia, public and national interests, the
constitutional order, and national and mankind security from criminal encroachments and
prevent crimes. Therefore, the purpose of criminal responsibility shall be “to punish a person
or legal person who committed a crime, restore rights breached due to a crime, compensate
the damage, prevent from a crime, and adjust a person committed a crime to a social life.”
Conceptually different or progressive reform from the previous Criminal code of 2002 is that
compensation for damages caused by crime is regarded as one of the goals of criminal
responsibility.
Also, in Section 4.3.6 of the Action Plan of the Government of Mongolia for 2020-2024,
which is the medium-term development program of Mongolia, it is stated that “Increase the
compensation of damages caused by crimes by aligning sentencing policy with social
development trends and creating work conditions for offenders", this activity is planned to be
implemented over a period of four years. However, during the 6 years of implementation of
the revised Criminal code and the Law on Enforcement of Court Decision, inmates sentenced
to life term imprisonment have not been employed at all and are still in a situation where they
cannot be employed. The lack of prison labour and the failure to meet the conditions limit the
opportunity of inmates sentenced to life-term imprisonment to compensate for the damages
caused by their crimes through employment, as well as the opportunity to restore the violated
51
rights of the victim. It shows that not only are all the relevant legal documents mentioned above
breached but also the purpose of criminal liability is not fulfilled.
Since the state has the duty to restore rights that have been violated by international
legal documents, the Constitution, and other laws and regulations, it is necessary to provide
opportunities for employment to inmates serving life imprisonment to fulfill the obligations
assumed by the Constitution and the medium-term development program of Mongolia.
B. Inmates serving life term imprisonment do not work or are not provided with
employment opportunities, which limits the possibility of the inmate to socializing
One of the purposes of criminal responsibility shall be to adjust a person who

committed a crime to social life. The purpose of socialization from the point of criminal law is
to make the inmate fully aware of the harmful consequences of crime, strictly follow the law
and order established in the society, respect the freedom of others, respect the duties as a
citizen, become an honest, principled and active member of society.
The revised Criminal code in force states that the purpose of criminal responsibility is
“to punish a person or legal person who committed a crime, restore rights breached due to a
crime, compensate the damage, prevent from a crime, and adjust a person committed a crime
to a social life.” It indicates that the socialization of a person who has committed a crime is
considered an independent and fundamental goal of criminal responsibility.
The basis and procedure of criminal court decision enforcement are specifically
regulated by the Law on Enforcement of court decision. Articles 218 and 219 of the law specify
the socialization work in detail. Within the framework of the socialization work at the prison
facility, professional socialization services on supporting the inmate to participate in societal
affairs with cognizance, and build the capacity of societal skills and self-development shall be
provided to the inmates. As for the type of socialization work, Article 219.1 of the Law on the
Enforcement of court decision states that socialization work supports employment by
“employment practical work, career guidance, qualification building, skills development,
awareness raising…”. As for the organization of socialization work, according to Article 219.4,
it should be organized in such a way as to “in a combination of labor and training…".
The social worker (Article 219.3 of the Law on the Enforcement of court decision) of
the prison facility who is responsible for organizing the socialization work takes the proposal
of the inmate whether to work according to the employment sheet stated in Article 13.4 of the
Internal regulations of the prison facility, adopted by the Annex to Order No. A/183 of the
Minister of Justice and Internal Affairs dated the 4th of July, 2017. The regulation of
socialization work in prison facilities was approved by the first appendix of order No. A/129
dated the 3rd of July, 2018 of the head of the General executive agency of court decision. In
section 3.3.5 of the third chapter of the regulation, taking into account the inmate’s age, health,
work experience, profession, will, and interest to work, presenting and signing a job offer
sheet, it is included in the socialization work during the imprisonment.
Analyzing the above legal documents, prison labour is one of the main forms of
socialization for inmates.
It was mentioned above that since life-term imprisonment was imposed in Mongolia,
the inmates did not work at all. Also, as determined by the research team, it is not possible to
employ inmates in the special unit of the 405th closed prison facility.
52
Thus, inmates serving life term imprisonment do not work or are not provided with the
opportunity to work, which makes the above-mentioned legal documents impossible to
implement and where the goal of socialization of criminal responsibility is not fully met.
Therefore, it is necessary for the General executive agency of court decision to create
opportunities and conditions for the employment of inmates serving life term imprisonment
and ensure the fulfillment of relevant laws and other legal documents.
B. Prison labour and opportunity for release
3. A comparative study
Life-term imprisonment is believed to have been introduced as a form of punishment

since the 18th century when countries around the world began to abandon the death penalty.
183 out of 216 countries and territories have formal life imprisonment.44 An estimated 479,000
people in prison globally are serving a formal life sentence as of 2014.45 Prisons in the US
hold the largest proportion of people serving life sentences internationally.
All states of the US, with the exception of Alaska, can impose a life sentence for non-
violent offences, and in 22 states these sentences can be without the possibility of parole. As
of February 2021, one in seven people in US prisons are serving life, totaling 203,865
people.46
Some countries have legalized life-term imprisonment as a special type of

imprisonment. These include Belarus, China, Georgia, Romania, Moldova, Poland, Russia,
Latvia, Tunisia, Ukraine, Madagascar, Haiti, Brunei, Azerbaijan, Tajikistan, and Kazakhstan,
of which Belarus, Kazakhstan, and Tajikistan carry the death penalty.47
Formal life sentences are increasing also due to punitive responses to crime. The
number of people serving life sentences continues to rise as a result of a shift away from the
death penalty, with many sentencing codes replacing capital punishment with life
imprisonment. For example: Legislative proposals in Colombia seek to introduce life
imprisonment in cases of sex offences against minors, and proposals in England and Wales
also foresee whole life sentences as the ‘default’ for premeditated murder involving child
victims. Life sentences are increasingly imposed for non-violent offences. In New Zealand,
supplying or dealing a Class A drug (such as methamphetamine) is punishable by up to life
imprisonment, and in several Asian countries, including Hong Kong and the Philippines,
trafficking and/or manufacturing drugs can attract a life sentence.
Conditions for people serving life sentences remain harsh and have worsened during
the global pandemic. For example: Data from Ukraine shows that between 2010 and 2018 a
44 Penal Reform International, Global Prison Trends 2021, Pp 18. Link: https://cdn.penalreform.org/wp-
content/uploads/2021/05/Global-prison-trends-2021.pdf
45 Ibid.
46 Ashley Nellis, Ph.D, No End In Sight: America’s Enduring Reliance on Life Sentences, 2021. Link:
https://www.sentencingproject.org/reports/no-end-in-sight-americas-enduring-reliance-on-life-
sentences/
47 D. Bayarsaikhan, Comparative Criminal Law, (Ulaanbaatar city, 2022), page 144.
53
total of 256 life-sentenced people died in prison, constituting around a sixth of the life-
sentenced population.48 The death rate of inmates serving life sentences has increased.
Let’s how countries view the fact that inmates serving life sentences are not employed
or the lack of employment opportunities during their imprisonment.
Managing life-sentenced inmates presents challenges to prison administrations to

maintain a positive atmosphere, particularly in the first decade of a life sentence but also as
some of these inmates move into old age49.
Regimes have been developed to address the individual behavior of the inmates,
offering them education and work. Further, contacts with the outside world, especially with
families where possible, have been fostered and outside public and charitable agencies have
become involved with them as they progress through their sentence. All this serves both to
preserve their “humanity” during the sentence and to prepare them for release.
In many countries of Europe, life-sentenced inmates were usually held together with
other sentenced inmates and benefited from the same rights in terms of the regime (work,
education, and recreational activities) and contact with the outside world as other sentenced
inmates.
In the report of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT): in a number of countries – including Armenia,
Azerbaijan, Bulgaria, Georgia, Latvia, Moldova, Romania, the Russian Federation, Turkey
(inmates sentenced to aggravated life imprisonment only) and Ukraine– life-sentenced
inmates were as a rule kept separate from other sentenced inmates. In several countries, the
CPT observed that life-sentenced inmates were also subjected to a very impoverished regime
and draconian security measures. By way of example, life-sentenced inmates were locked up
in their cells (alone or in pairs) for 23 hours per day, were not allowed to associate even with
life-sentenced inmates from other cells (including during outdoor exercise), were not allowed
to work outside their cell or were not offered any purposeful activities at all. Further, in several
countries, life-sentenced inmates were systematically handcuffed and/or strip-searched
whenever they left their cells. In some establishments, the inmates concerned were
additionally escorted by two officers and a guard dog during any movement outside their cell.50
In Japan and South Korea, life-term imprisonment is considered the most severe form
of life imprisonment or absolute life sentence (Life Without Parole) for inmates serving life
imprisonment for which they do not work or are not provided with employment opportunities
during their imprisonment.51 That is why those countries agree that it is appropriate to make
the inmate who is serving a life-term sentence work.
48 Penal Reform International, Global Prison Trends 2021, Pp 19. Холбоос:

https://cdn.penalreform.org/wp-content/uploads/2021/05/Global-prison-trends-2021.pdf
49 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment
(CPT), Extract from the 25th General Report of the CPT, 2016.
Холбоос: https://rm.coe.int/16806cc447?fbclid=IwAR1QCupNgVnDiqAc_ojI-
JvmubpudAQOTApWJupiibG5XKe5MhiET4UW5AM
50 Ibid.
51 Youjeong Jeong and Osamu Niikura, Life Imprisonment in South Korea: Law and Practice in Recent
Trends, 2021.
54
Work, education, sports, cultural activities, and hobbies not only help pass the time but
are also crucial in promoting social and mental health well-being and imparting transferable
skills which will be useful during and after the custodial part of the sentence.52 Therefore, it is
appropriate to improve the conditions of inmates serving life-term sentences, especially to
support activities aimed at prison labour and access to the community. Also, inmates serving
life-term sentences should be able to cooperate with other inmates as much as possible.
4. Recommendation
Inmates serving life-term sentences in the special unit of the 405th closed prison facility
do not work at all. Thus, not allowing the inmates serving life-term sentences to pay
compensation limits the opportunity to restore the violated rights, while the inmates do not
work or are not provided with the opportunity to work, which limits the possibility of the inmate
reintegrating into the community.
It has created a situation where the international treaties that our country has ratified
as well as domestic legal documents in force cannot be implemented, and the purpose of
socialization of criminal responsibility is not fully met.
The report of the European Committee for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment (CPT) noted that not allowing inmates to work worsens
the condition of the inmate and the prison as a whole, and leads to human rights violations,
and recommends that inmates serving life-term sentences should be employed. Moreover, in
Japan and Korea, the life-term sentence is seen as the most severe form of imprisonment,
and it is appropriate to employ the inmates serving the life-term sentence.
Therefore, it is necessary for the Ministry of Justice and Internal Affairs and the General
executive agency of court decision to create employment opportunities and conditions for life-
term sentenced inmates and ensure the fulfillment of relevant laws and other legal documents.
52 European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or
Punishment
(CPT), Extract from the 25th General Report of the CPT, 2016. Link:
https://rm.coe.int/16806cc447?fbclid=IwAR1QCupNgVnDiqAc_ojI-
55
FOUR. STUDY OF EMPLOYMENT OF JUVENILES IN SPECIAL FACILITY FOR TRAINING
AND CORRECTION
1. The employment status of juveniles in the special facility for training and correction
The special facility for training and correction under the General executive agency of
court decision was first established on the 31st of July, 1948 by Order No. 582 of the Minister
of the Internal Affairs, and has been operating in the village of Khonkhor in the territory of the
11th khoroo of Bayanzurkh district since 2016.
The facility carries out its functions, such as personally serving the prison sentence,
providing full secondary education, and socialization of juveniles sentenced to imprisonment
by the Court’s decision. As of 2022, the special facility for training and correction is operating
with a total of 32 staff, 6 full-time teachers, 4 part-time teachers, and a total of 10 teachers
from the 110th school of Capital city.
As of the half-year of 2022, 17 new juveniles arrived, 1 juvenile was released at the
end of his prison sentence, 1 juvenile was released early from his prison sentence, and 5
juveniles were transferred to adult prisons. As of today, 30 juveniles are serving sentences in
the facility. Juveniles are categorized by the type of crime committed and the length of prison
sentence served in the following charts.
Chart 1. Classification of crimes committed by juveniles serving a prison sentence under the Criminal
Code.
25
20
20
15
10 8
5
1 1
0
Murder specified in the Deliberate infliction of a Rape specified in the Theft specified in the
Article 10.1 of Criminal serious injury to health Article 12.1 of Criminal Article 17.1 of Criminal
Code specified in the Article Code Code
11.1 of Criminal Code
Graph 2. Classification of juveniles serving prison sentences by the length of the prison
sentence.
More than 6 years 5

4 years 1 month to 6 years
2 years 1 month to 4 years 3
From 6 months to 2 years 7
The special facility for training and correction works within the framework of providing
the right to education of juveniles sentenced to imprisonment through the 110th general
education school of the capital city, which is affiliated with the facility. The 110th School belongs
56
to the Metropolitan Education Department and teaches 17 different subjects with 12 staff,
including 10 teachers, a principal, and financial staff. As of June 2022, it is organized with 6
full-time and 4 part-time teachers, a total of 10 teachers.
As of June 2022, 6 are in middle school, 17 are in high school, and a total of 23
juveniles are studying in the 110th general education school. Among them, one juvenile had
an incomplete secondary education and one had a complete secondary education.
On the 29th of June and on the 13th of October, 2022, the research team worked at the
special facility for training and correction to get acquainted with the conditions of juveniles
serving sentences, conducted questionnaire surveys, individual interviews with juveniles, and
individual interviews with staff.
A total of 26 juveniles between the ages of 15 and 18 participated in the questionnaire

survey on the 13th of October. All of the juveniles (100 percent) who participated in the
questionnaire survey responded that “they do not work”. However, 7 grown-up inmates were
employed in the household and services of the facility. The result of the questionnaire survey
was confirmed by the observational study conducted in the facility. From the above, it was
determined that juveniles who are serving sentences in the special facility for training and
correction under the General executive agency of court decision, do not work.
Further, during the study, it was determined that there is an urgent need to pay
attention to the working environment and conditions of juveniles serving and studying in the
special facility for training and correction, and inmates working in household services.
The building in which the facility is currently operating consists of 8 objects that were
built in the 1970s, and any activities in the facility have been decided to be stopped by 2012,
2018, and 2020 acts of the State Inspector of Construction Technical Control of the
Metropolitan Professional Inspection Department.
During the work of the research team, the walls of the 1-story, 3-room facility used for
bathhouse by juveniles in the building were cracked 3-4 cm in the middle, the roof planks were
partially exposed from the beams, the columns were pushed back, or the roof was partially
collapsed. In addition, the ceiling was cracked and walls were cracked vertically and diagonally
in the building where female inmates and female juveniles work as household service, and the
kitchen and clothes storage room were located.
This situation indicates a serious violation of the rights of juveniles who are imprisoned
and studying in the facility and the inmates of household services who are imprisoned and
employed.
2. Legal regulation
Mongolia has a tradition of imposing criminal responsibility on juveniles differently from

adult inmates. For example, criminal responsibility is imposed by applying disciplinary coercive
measures, serving a prison sentence in a special facility for training and correction, and
postponing the enforcement of a sentence of imprisonment became valid by court judgment,
and these regulations are still in force.
57
The criminal responsibility of juveniles is specifically regulated in chapter eight of the
current Criminal code, “Criminal responsibility of juveniles”. According to the legislation,
criminal responsibility may be imposed on persons, of the age of fourteen as well as those not
reached the age of eighteen at the moment of committing a crime.
A person between the ages of fourteen and sixteen can be held criminally liable if the
person commits the following crimes under the Criminal Code: Murder specified in Article 10.1;
Deliberate infliction of a serious injury to health specified in Article 11.1; Rape specified in
Article 12.1; Theft specified in the Article 17.1; Robbery specified in the Article 17.2;
Destruction or damage of property specified in the Article 17.8; Illegal use of narcotic drug and
psychotropic substances specified in the Article 20.7; Violation of public order specified in the
Article 20.16; Illegal invasion to electronic information specified in the Article 26.1; Developing
and selling program and device for the illegal invasion to electronic information network
specified in the Article 26.2; Creating, using, spreading the destructive program specified in
the 26.3; and Acts of terrorism specified in the Article 29.8.
In terms of criminal responsibility, the sentence will be community service, limitation of

free travel right, and imprisonment in the special facility for training and correction.
The court shall impose a penalty of imprisonment by reducing the sentencing twice
following the regulations specified in Article 5.6 of the Special part of this Code to a juvenile
who committed a crime with imprisonment specified in the Special part of this Code.
The conditions of the special facility for training and correction for serving the prison
sentence imposed on juveniles are regulated by the Law on the Enforcement of court decision.
Section 195.1 of Article 195 of the law states that the special facility for training and correction
is a prison facility, and Section 201.1 of Article 201 of the law states that “Juveniles sentenced
for imprisonment shall serve their sentence in the special facility for training and
discipline/correction.”
If a juvenile reaches the age of eighteen while serving a prison sentence in the special
facility for training and correction, the court decides based on the conclusion of the prosecutor
whether to continue serving the remaining prison sentence in the special facility for training
and correction until the age of twenty-one or transfer a juvenile to an adult prison facility.
According to Section 3 of Article 8.5 of the Criminal Code, compulsory labour is

prohibited for juveniles, who are serving a sentence. It indicates the fulfillment of our country’s
obligations under international treaties.
In Mongolia, the following international legal sources related to prison sentence

proceedings are implemented. These include Standard Minimum Rules for the Treatment of
Prisoners, Basic Principles for the Treatment of Prisoners, Body of Principles for the Protection
of All Persons under Any Form of Detention or Imprisonment, United Nations Rules for the
Protection of Juveniles Deprived of their Liberty, Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, and United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (The Beijing Rules).
United Nations Rules for the Protection of Juveniles Deprived of their Liberty are
intended to establish minimum standards accepted by the United Nations for the protection of
58
juveniles deprived of their liberty in all forms, consistent with human rights and fundamental
freedoms, and with a view to counteracting the detrimental effects of all types of detention and
to fostering integration in society. Therefore, juveniles should be sentenced in a sanitary
environment, taking into account their age, gender, crime, and psychological state. Further,
while incarcerated, if the juvenile is of educational age, the juvenile has the right to participate
in training aimed at providing opportunities to return to society. Article 45 of the rule stated the
possibility of juveniles could engage in certain types of work as “wherever possible, juveniles
should be provided with the opportunity to perform remunerated labour, if possible within the
local community, as a complement to the vocational training provided to enhance the
possibility of finding suitable employment when they return to their communities.”53 However,
the type of work should be such as to provide appropriate training that will be of benefit to the
juveniles following release. The organization and methods of work offered in detention
facilities should resemble as closely as possible those of similar work in the community and
must be compensated. In other words, the work is supposed to be aimed directly at making
juveniles able to learn work after serving release, but employment in other forms is not
allowed.
In addition, Mongolia acceded to the ILO Convention No. 182 on Eliminating the worst
forms of child labour in 2001, adopted the list of workplaces that prohibit the employment of
minors in 2016, and implemented the National Action Plan on the elimination of intolerable
forms of child labour in 2012-2016. It could be seen that Mongolia restricts child labour and
strictly enforces such restrictions.
The fact that juveniles imprisoned in the special facility for training and correction do
not work is following international treaties and the laws and regulations in force in Mongolia.
So, the non-employment of juveniles or not providing employment opportunities is not a
reason to contradict international treaties and the laws and regulations in force in Mongolia.
FIVE. CONCLUSIONS AND RECOMMENDATIONS

During this research, the prison labour in Mongolia and the relations between the
regime and classification levels of the prison facility, the government’s policy on prison labour,
the employment conditions of inmates sentenced to life-term imprisonment, and juveniles in
the special facility for training and correction were studied.
Therefore, the objectives of the study were achieved by conducting a document study,
comparative study, and practical analysis, and the following conclusions and
recommendations are made.
1. In the case of Mongolia, according to the legal regulations, the location and conditions
of prison labour are regulated to be different depending on the regime and
classification/grade level of the prison facility. However, when conducting the practical
study, it is observed that the organization of the prison labour is not covered by the
regime of the prison facility in most cases. Also, it can be seen that prison labour does
not depend on the length of imprisonment. According to the results of the comparative
53 United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Link:
https://www.ohchr.org/en/instruments-mechanisms/instruments/united-nations-rules-protection-
juveniles-deprived-their-liberty
59
analysis, no country conducts the organization of prison labour depending on the
regime/security and classification/grade levels of the prison facility. In other words,
general regulations apply to prison labour. In the case of an inmate working outside,
in some countries, it is important to consider that the inmate does not commit a crime.
2. In Mongolia, prison labour has been included in the policy documents, and the General
executive agency of court decision is implementing a variety of activities in that field.
However, it could be seen that the measures implemented in Mongolia are
uncoordinated and one-time measures. According to the comparative analysis, it was
determined that the United States of America has implemented several major policies
regarding prison labour. Among them, the policy on public works and community
service projects is an important and comprehensive program that aims to create inter-
sectoral social construction based on prison labour. Therefore, it is appropriate for
Mongolia to take practice from that the United States of America when implementing
policies and measures regarding prison labour as a comprehensive state policy.
Around the world, implementing measures could be seen as good practice, such as
keeping inmates’ jobs, conducting vocational training, and implementing programs for
work in private entities.
3. Inmates serving life-term sentences in the special unit of the 405th closed prison facility
do not work at all. Thus, not allowing the inmates serving life-term sentences to pay
compensation limits the opportunity to restore the violated rights, while the inmates do
not work or are not provided with the opportunity to work, which limits the possibility of
the inmate reintegrating into the community. It has created a situation where the
international treaties that our country has ratified as well as domestic legal documents
in force cannot be implemented, and the purpose of socialization of criminal
responsibility is not fully met. According to the comparative analysis, a life-term
sentence is seen as the most severe form of imprisonment, and it is appropriate to
employ the inmates serving the life-term sentence. Therefore, it is necessary for the
Ministry of Justice and Internal Affairs and the General executive agency of court
decision to create employment opportunities and conditions for life-term sentenced
inmates and ensure the fulfillment of relevant laws and other legal documents.
4. The fact that juveniles imprisoned in the special facility for training and correction do
not work is following international treaties and the laws and regulations in force in
Mongolia. So, the non-employment of juveniles or not providing employment
opportunities is not a reason to contradict international treaties and the laws and
regulations in force in Mongolia.
SIX. RECOMMENDATION
The following recommendations are made based on the above conclusions regarding
prison labour in Mongolia and the relations between the regime and classification levels of
prison facilities, the government’s policy on the employment of inmates, the employment
condition of inmates sentenced to life-term imprisonment and juveniles in the special facility
for and training and correction.
1. Treating inmates without distinction or indiscriminately while employing them became
an international norm except for juveniles in the special facility for training and
correction and inmates of the special unit of the closed prison facility. However, in the
case of the inmate working outside, the condition of not committing a crime again
60
should be emphasized. In the practice of Mongolia, inmates are employed under
working conditions that do not depend on the regime, classification level, and length
of imprisonment. However, it is regulated by legislation depending on the regime and
classification level of the inmates. Therefore, it is proper to revise this regulation to
regulate the working conditions of inmates without discrimination, except for inmates
working outside, juveniles in the special facility for training and correction, and inmates
of the special unit of closed prison facility.
2. In Mongolia, it is necessary to regulate comprehensively prison labour in policy
documents and to implement inter-sectoral projects and programs for public works and
community services. The Ministry of Justice and Internal Affairs, the Ministry of Road
and Transport Development, the Ministry of Construction and Urban Development, and
the Ministry of Food, Agriculture, and Light Industry could implement jointly the above
projects and measures through inter-sectoral coordination. Thereby, it will be good
practice to employ inmates in public services such as road construction and
maintenance, cleaning and maintenance of public areas, afforestation, construction of
dams and canals or channels, and construction of buildings.
3. Sections 5 and 6 of Article 5.6 of the Criminal code, Section 206.2, and Section 206.5
of Article 206 of the Law on the Enforcement of court decision, create a gap and conflict
between the legal norms. Therefore, related provisions should be amended.
4. Section 206.2 of Article 206 of the Law on the Enforcement of court decision, which
vaguely and unclearly regulates subjects authorized to change the regime of the prison
facility, needs to be revised and amended.
5. There is a wrong precedent got set in the provision which stated that conditions of
isolation established by the court can be changed by the decision of the head of the
prison facility or the prosecutor. Therefore, it is proper to legislate that the court decides
on the issue of the downgrade of an inmate serving a sentence in a special unit of the
closed prison facility.
6. One of the contents of the substitution of the death penalty for life-term imprisonment
is: It is a humane policy of the law to compensate less than the damages caused to
the victim by employing inmates to earn wages, to express regrets for the victim’s
relatives and families, the inmate to realize its guilt, and reintegrate into society and
live an active life after upon release after 25 years of imprisonment. It is not clear
whether the term “special unit” referred to in the Law on the Enforcement of court
decision applies to which regime or classification level of the prison facility.
7. It is proper to legislate that the issue of downgrading the classification level of an
inmate serving life-term imprisonment in a special unit should be decided by the court.
8. The court shall settle whether to discharge a penalty of a person, who was sentenced
to life-term, after twenty-five years of imprisonment taking into account the
circumstances of committing a crime, the character of damage and harm caused and
the personality of a person. If the court decides to release the inmate, the issue of how
to monitor the person and what requirements are left outside the legal regulations.
9. Relevant authorities must take measures aimed at creating employment opportunities
and conditions for inmates serving life-term imprisonment, as well as to ensure that
the conditions of imprisonment of inmates of the special unit are not made more severe
than the inmates of the special classification level of the closed prison facility. It is
proper to take measures to implement the law on the Enforcement of court decision.
61
10. There is a need for a flexible legal framework that encourages the training of juveniles
in proper work practices through employment suitable for their age and physical
characteristics, and practice them to live independently in the community after release,
unless prohibited or restricted by international treaties and national legislations.
62
LIST OF REFERENCES
Legislation
In Mongolian:
1. The Constitution of Mongolia, (1992)
2. Criminal Code /Revised version/, (2015)
3. Law on Enforcement of court decision /Revised version/, (2017)
4. Law on Enforcement of court decision, (2002)
5. “Vision 2050” long-term development policy of Mongolia
6. Action plan of the Government of Mongolia for 2020-2024 or medium-term
development policy
7. “Program for preparing inmates for release” adopted by the annex of the joint orders
A/167 and A/233 of the Minister for Labour and Social Protection and the Minister of
Justice and Internal Affairs dated the 30th of August, 2022.
8. “Procedures for organizing training at the vocational training and production center”
adopted by the annex to Order No. A/46 of the Head of the General Executive Agency
of Court Decision dated the 9th of March, 2020
9. Appendix 1 of the Government Resolution No. 4 of 2016 “List of government regulating
and implementing agencies”
10. The Internal regulations of the prison facility, adopted by the Annex to Order No. A/183
of the Minister of Justice and Internal Affairs dated the 4th of July, 2017.
11. The regulation of socialization work in prison facilities was approved by the first
appendix of order No. A/129 dated the 3rd of July, 2018 of the head of the General
executive agency of court decision
In foreign languages:
1. “The Universal Declaration of Human Rights”, (1948).
2. “International Covenant on Civil and Political Rights”, (1966).
3. The Second Optional Protocol to the International Covenant on Civil and Political
Rights, (1989).
4. UN General Assembly Resolution 40/34 of 1985 “Declaration of Basic Principles of

Justice for Victims of Crime and Abuse of Power”
5. United Nations Rules for the Protection of Juveniles Deprived of their Liberty, (1990).
6. Prison Act of 16 March 1976 (Federal Law Gazette Part I p. 581, 2088), as last
amended by Article 1 of the Act of 19 June 2019 (Federal Law Gazette I p. 840)
7. Imprisonment Act (Passed 14.06.2000, RT I 2000, 58, 376, Entry into force
01.12.2000), https://www.riigiteataja.ee/en/eli/504112013005/consolide
63
8. PENAL CODE (Act No.45 of 1907),
https://www.cas.go.jp/jp/seisaku/hourei/data/PC.pdf
Publications
In Mongolia:
1. Employment, salary, and account information of inmates for the relevant months of
2019, 2021, and 2022
2. “White book on crime in Mongolia-2020”, (Ulaanbaatar city, 2021)
3. A. Lkhagvaa, “Mongolian court decision enforcement law”, (Ulaanbaatar city, 2004)
4. D. Bayarsaikhan, “Theory of rule of law”, (Ulaanbaatar city, 2020)
5. M. Altan-Ochir “Prison regime”, (Ulaanbaatar city, 2020)
6. D. Bayarsaikhan, “Comparative criminal law”, (Ulaanbaatar city, 2022)
7. S. Narangerel, J. Erdenebulgan, Criminal Law of Mongolia: Concepts, Traditions,

Lessons, (Ulaanbaatar city, 2019)
In Foreign language:
1. Federal Statistical Office Germany, penal system - demographic and criminological
characteristics of the prisoners on 31.03. - Subject series 10 row 4.1 – 2021
2. Schriften zum Strafvollzug, Jugendstrafrecht und zur Kriminologie, Johannes
Hillebrand, “Organisation und Ausgestaltung der Gefangenenarbeit in Deutschland”,
p. 182, https://rsf.uni-greifswald.de/storages/uni-greifswald/fakultaet/rsf/lehrstuehle/ls-
harrendorf/Bd34_9783936999587.pdf
3. The Norwegian correctional service, 2020 ANNUAL REPORT
4. CORRECTION BUREAU, MINISTRY OF JUSTICE OF JAPAN, Penal institution in
Japan, https://www.moj.go.jp/content/001314589.pdf
https://rsf.uni-greifswald.de/storages/uni-greifswald/fakultaet/rsf/lehrstuehle/ls-
https://rsf.uni-greifswald.de/storages/uni-greifswald/fakultaet/rsf/lehrstuehle/ls-
7. Operational strategy for the Norwegian Correctional Service 2021 - 2026,
https://www.kriminalomsorgen.no/getfile.php/4888894.823.ijuubwissujnwu/KDI_strate
gibrosjyre_TRYKK_FINAL2_Engelsk.pdf
8. Youjeong Jeong and Osamu Niikura, Life Imprisonment in South Korea: Law and
Practice in Recent Trends, 2021.
64
Digital reference
In Mongolian:
1. “The construction of Zuunbayan-Khangi railway link has started”,
https://montsame.mn/mn/read/292070, Visited: 2022.10.27
In Foreign language:
1. World prison brief: United States, https://www.prisonstudies.org/country/united-
states-america
2. Organization, mission and functions manual: federal bureau of prisons,
https://www.justice.gov/doj/organization-mission-and-functions-manual-federal-
bureau-prisons
3. About Our Facilities, https://www.bop.gov/about/facilities/federal_prisons.jsp
4. Prison Security Levels | Inmate Classification Levels,
https://federalcriminaldefenseattorney.com/prison-life/prison-security-
levels/#minimum-security-prisons
5. Breaking Down the Different Types of Prisons in America,
https://www.rasmussen.edu/degrees/justice-studies/blog/different-types-of-prisons/
6. Prison labor in the united states: an investor perspective,
https://missioninvestors.org/sites/default/files/resources/Prison%20Labor%20in%20t
he%20United%20States%20-%20An%20Investor%20Perspective.pdf
7. World prison brief: Germany, https://www.prisonstudies.org/country/germany
8. Verzeichnis der Vollzugsanstalten in der Bundesrepublik Deutschland,
https://justiz.de/onlinedienste/vollstreckungsplaene/vollzugsanstalten_deutschland.p
df
9. JUSTIZVOLLZUGSANSTALT DARMSTADT Arbeit der Gefangenen,
https://justizvollzug.hessen.de/justizvollzug/jva-darmstadt/ausgestaltung-des-
vollzuges/arbeit-der-gefangenen
10. Arbeit für Gefangene, https://www.justizvollzugsanstalt-
hannover.niedersachsen.de/startseite/arbeit_produktion/arbeit_fur_gefangene/arbeit-
fuer-gefangene-82259.html
11. World prison brief: Norway, https://www.prisonstudies.org/country/norway
12. Organisation of Norwegian correctional service,
https://www.kriminalomsorgen.no/informasjon-paa-engelsk.536003.en.html
13. Type fengsel og soningsformer, https://www.kriminalomsorgen.no/type-fengsel-og-
sikkerhetsnivaa.516316.no.html
14. Arbeids- og aktivitetstilbud, https://www.kriminalomsorgen.no/arbeids-og-
aktivitetstilbud.527951.no.html
15. Norway prison, https://www.prison-insider.com/countryprofile/prisons-
norway2019?s=vie-quotidienne#vie-quotidienne
16. World prison brief: Estonia, https://www.prisonstudies.org/country/estonia
17. Justiitsministeerium, institution, https://www.vangla.ee/en/intitutions
18. World prison brief: Japan, https://www.prisonstudies.org/country/japan
19. Penal Institutions (Prisons / Juvenile Prisons / Detention Houses),
20. BOP Policies, https://www.bop.gov/PublicInfo/execute/policysearch
21. Social Welfare and Labour Services in Norwegian Prisons,
https://www.academia.edu/30329809/Social_Welfare_and_Labour_Services_in_Nor
wegian_Prisons
22. Europian social fund, Helping prisoners get back into employment,
https://ec.europa.eu/esf/main.jsp?catId=46&langId=en&projectId=441
23. JAPAN: Ministry of justice, Prison Work,
65
24. Penal Reform International, Global Prison Trends 2021, 2021,
https://cdn.penalreform.org/wp-content/uploads/2021/05/Global-prison-trends-
2021.pdf
25. Ashley Nellis, Ph.D, No End In Sight: America’s Enduring Reliance on Life
Sentences, 2021. https://www.sentencingproject.org/reports/no-end-in-sight-
americas-enduring-reliance-on-life-sentences/
26. European Committee for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment (CPT), Extract from the 25th General Report of the CPT,
2016., https://rm.coe.int/16806cc447?fbclid=IwAR1QCupNgVnDiqAc_ojI-
66

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Final report

“MIXED METHODS STUDY ON PRISON LABOUR IN

RESEARCH PURPOSE AND OBJECTIVES

SIGNIFICANCE OF THE RESEARCH

No. Prison facility Location The regime of prison

401st Prison Facility, Central prison Khan-Uul district, Ulaanbaatar Closed

405th Prison Facility Songinokhairkhan district, Closed (Special unit)

409th Prison Facility Bayanzurkh district, Closed

Special facility for training and Bayanzurkh district, -

415th Prison Facility Bayan Sum, Tuv Aimag Closed

417th Prison Facility Mungunmorit Sum, Tuv Aimag Open

419th Prison Facility Undurkhaan Sum, Khentii Open

421st Prison Facility Bayanzurkh district, Open

423rd Prison Facility Kharkhorin Sum, Uvurkhangai Open and Closed

425th Prison Facility Sumber Sum, Govisumber Open

429th Prison Facility-Specialized Songinokhairkhan district, Closed

433rd Prison Facility Mandal Sum, Selenge Aimag Closed

435th Prison Facility Darkhan Sum, Darkhan-Uul Closed

437th Prison Facility Bayan-Undur Sum, Orkhon Open

439th Prison Facility Orkhon Sum, Bulgan Aimag Closed

441st Prison Facility Bayanzurkh district, Open

445th Prison Facility Darkhan Sum, Darkhan-Uul Open

461st Detention Facility Bayangol district, Ulaanbaatar Closed

Detention facility in Arkhangai Erdenebulgan Sum, Arkhangai Open

Detention facility in Bayan-Ulgii Ulgii Sum, Bayan-Ulgii Aimag Open

Detention facility in Bayankhongor Bayankhongor Sum, Open

Detention facility in Bulgan Aimag Bulgan Sum, Bulgan Aimag Open

Detention facility in Govi-Altai Aimag Altai Sum, Govi-Altai Aimag Open

Detention facility in Dornod AImag Kherlen Sum, Dornod Aimag Open

Detention facility in Dornogovi Sainshand Sum, Dornogovi Open

Detention facility in Dundgovi Aimag Saintsagaan Sum, Dundgovi Open

Detention facility in Zavkhan Aimag Uliastai Sum, Zavkhan Aimag Open

Detention facility in Uvurkhangai Arvaikheer Sum, Uvurkhangai Open

Detention facility in Umnugovi Dalanzadgad Sum, Umnugovi Open

Detention facility in Sukhbaatar Baruun-Urt Sum, Sukhbaatar Open

Detention facility in Selenge Aimag Sukhbaatar Sum, Selenge Open

Detention facility in Uvs Aimag Ulaangom Sum, Uvs Aimag Open

Detention facility in Khutul city Saikhan Sum, Selenge Aimag Open

Detention facility in Tosontsengel Tosontsengel Sum, Zavkhan Open

Legal regulations on the regime of prison facilities

The regime of The Allocation of inmates

Special Inmates sentenced for two or more years of imprisonment or

Special Inmates sentenced for six or more years of imprisonment or

Special unit Inmates sentenced for life imprisonment

3 “White Book on Crime in Mongolia-2020”, (Ulaanbaatar city, 2021), page 102

The regime of prison Allocation of inmates/Inmates who belong to

The regime of The Location of labour Labour conditions

The regime Allocation of inmates/Inmates Location of labour Labour conditions

2. A comparative study of prison labour, organization, and prison regimes

А. Regime and classification levels of prison facilities

Federal State Penitentiary

9About Our Facilities, https://www.bop.gov/about/facilities/federal_prisons.jsp

Minimum-Security Several categories of inmates are prohibited from 23 329

B. The Structure of Prison Labour in the United States of America

11Breaking Down the Different Types of Prisons in America,

2.2. Civil Law system countries

Federal state Number of prison facilities

12 Prison labor in the united states: an investor perspective,

А. Prison regimes and classification levels

An inmate shall, with his consent, be Inmates shall otherwise be committed to

B. Prison labour and organization in prison facilities

1 of the Act of 19 June 2019 (Federal Law Gazette I p. 840)