MONGOLIA

Technical Expert Workshop on Mutual Legal Assistance (MLA) and Law

Enforcement Cooperation Bangkok, Thailand 30 May – 1 June 2011

Mongolia

Mongolia

• Population 2,7 million;• Territory 1miilion 565 thousand square km;• Shares borders with the Russian Federation on

the North, and Chinese Peoples Republic on the South;

• Democratic country with the free market economy since 1990 (former socialist country).

Mongolia• In 2002 an amendment was made to the

Criminal Law (Article 113 Human trafficking);• Mongolia has joined the PALERMO protocols

in 2008 (Convention against Transnational Organized Crime);

• Another amendment was made to the Criminal Law after joining to the Convention (more harsh penalties: fine, 5-15 years imprisonment and more precise definition of the offences).

Mongolia

In 2005 the Government approved a special program ” The National Program Against Human

Trafficking, Particularly on Protection Women and Children from Sexual Exploitation”.

Mongolia

Implementing Ministries and Agencies:•Ministry of Justice and Home Affairs:

National Police Department;Border Protection Troops;Immigration.

• Ministry of Welfare and Labor:Welfare and Social Service Department;

•Over 30 NGO’s.

Mongolia• From 2002 to 2008 in total 4 cases were brought

to the court; • In 2009 along 3 cases were officially brought to

the court;• In 2010 –none.

• These are the official cases, but… (lack of appropriate legislation and regulation, lack of evidence, victim protection, professionalism… )

Mongolia

Reasons:•Poverty;•Lack of employment; •Lack of education;•Young people’s desire to travel/live abroad.

Mongolia

From our practice the most common advertisement that may lead to human

trafficking:•Jobs in foreign countries: babysitter's, dancers, servants and etc.; • Study scholarships;• Marriage with foreign citizens;•Adoption of Mongolian children by the foreigners.

MongoliaThe State is working on:

•Make more appropriate legislations: Specified law on human trafficking; Amendment to the laws; More specified child adoption regulations.

•Prevention works /education;•Internet and media advertisement control;•Control of people traveling with child;•Improve control of organizations that act as dealers/agents for job and study abroad.

Mongolia

At the present the State and law enforcement agencies pay close attention to:•Visa issuance advertisements - especially to the developed countries;•Good or high paid abroad jobs offers;•Offer to marry a foreign citizen;•Offer to adopt a Mongolian child (by foreigners) – high priority issue.

Mongolia

• In 1998 Mongolia joined The Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

• In 1999 was approved the Family Law and children were allowed to be adopted by foreigners.

• Since 1999 – 2009 in total 211 children were adopted.

• The State is revising the regulation (no children adopted in 2010 and 2011).

Mongolia

The Government is working on:Establishing the Special Police Unit;Draft of the Law;Border warnings and media awareness for youngsters;New regulation for child adoption;Checking adopted children living conditions;Training for the law enforcement personnel.

Mongolia

• With regards of Legal Assistance Agreements:• MLA Agreements: 19 countries (civil and

criminal matters):• MLA on criminal cases: India, Kirgizstan, South

Korea, North Korea, Russia, Cuba, Check Republic, Bulgaria, Hungary and France.

• Extradition of offenders: India, South Korea, Kazakhstan and China.

Mongolia International Cooperation –MLA

Legal assistance:•Russia – General’s Prosecutor's Office.•Other countries – Diplomatic channels:

Police\General Prosecutor's Office

Ministry of Justice and Home Affairs of Mongolia

Ministry of Foreign Affairs of Mongolia

Embassies or Ministries of Foreign Relations

Thank you. Questions are welcome.