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TITLE: MONGOLIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
MONGOLIA
In January 1992, the legislature approved a new Constitution
which codified Mongolia's transition from a highly centralized
Communist state to a multiparty democracy. The new
Constitution established Mongolia as a sovereign republic,
provided a broad range of rights and freedoms, retained the
offices of President and Prime Minister, and restructured the
legislative branch of government into a unicameral State Great
Hural (SGH) of 76 members. The Prime Minister and the Cabinet
are nominated by the President and approved by the SGH.
Continuing the positive trend of the previous 3 years, Mongolia
in 1993 took further steps to consolidate its fledgling
democracy and to enhance the protection of human rights.
In the preliminaries to the June 1993 presidential election,
the Mongolian People's Revolutionary Party (MPRP) withdrew its
support for then incumbent President Ochirbat and supported the
candidacy of MPRP newspaper editor Tudev. The Mongolian
National Democratic Party (MNDP) and the Social Democratic
Party (SDP), along with other opposition parties, formed a
coalition to support Ochirbat's candidacy. This first-ever
democratic presidential election in Mongolia's history, held on
June 6, 1993, was monitored by international observers, who
judged it open and fairly contested. Ochirbat won with 57.8
percent of the popular vote; some 92.7 percent of eligible
voters participated in the election.
The state security apparatus--now a department responsible to
the Cabinet--continues to redefine its role in Mongolia's
post-Communist society. A State Security Law enacted in 1992
establishes SGH control and supervision of the Department of
State Security (DSS) and its budget, presidential control of
policy, and government oversight of daily activities, with the
State Procurator also overseeing the legal aspects of security
operations. However, the new law also provides the Department
a special right to conduct surveillance in order to carry out
its duties and establishes the presence of security
representatives in all public enterprises. There have been
some reports of police using excess force in dealing with those
suspected or accused of criminal activity.
Despite increasing industrialization and urbanization, a large
portion of the population is engaged in agriculture, with an
emphasis on livestock raising and associated light industry.
After decades of nearly total dependency on the former Soviet
Union, Mongolia is increasing its foreign trade with other
countries and making the difficult transition to a market
economy. The new Constitution lays the legal groundwork for
this transition by establishing the right to private ownership
of property and to conduct private commercial activity.
However, these efforts have been handicapped by a severe
foreign exchange shortage and a general economic slowdown.
The new Constitution establishes the basis for continued
significant progress in most human rights categories. It
forbids discrimination of any sort and clearly establishes
freedom of speech and press, assembly, and the right of
citizens to change their government. This year the SGH
considered several laws concerning basic rights enumerated in
the Constitution, including emigration, labor relations, and
religion.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There has been no evidence of such killings in recent years.
b. Disappearance
There were no known instances of politically motivated
abductions or disappearances in recent years.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
According to the new Constitution, "no person shall be
subjected to torture, inhuman, cruel, or degrading treatment."
There have been no reports that torture or other such treatment
or punishment has been practiced in the recent past.
d. Arbitrary Arrest, Detention, or Exile
There were no confirmed reports of arbitrary arrest, detention,
or exile.
Under the new Constitution, no person shall be searched,
arrested, detained, or deprived of liberty except by law. A
person arrested for committing a crime, his family, and his
legal counsel are to be notified of the reasons for the arrest
within a period of time established by law. A number of new
procedural laws have been passed, but Mongolia's Legal Code has
not been completely revised. Until that revision is complete,
the existing Legal Code remains in force. That Code permits
police to arrest those in the act of committing a crime and
hold them for up to 72 hours without a warrant. For
incarcerations of longer duration, or when the actual crime was
not witnessed, a warrant must be issued by a prosecutor.
Prosecutors are appointed by the State Prosecutor for a 5-year
term. The State Prosecutor was appointed by the former
(pre-SGH) Great People's Hural for a 5-year term.
Under the existing Legal Code, a person in detention has no
statutory right to see an attorney, and defense attorneys have
been routinely denied access to their clients prior to trial.
The new Constitution, however, provides for the right to legal
assistance upon request but does not provide for free legal
counsel for the indigent.
e. Denial of Fair Public Trial
The new Constitution provides the right to a fair trial, legal
assistance, appeal of a court judgment, and request for pardon.
The new Constitution also provides for a number of structural
changes in the court system that have not yet been
implemented. The Supreme Court is the highest judicial body,
while the Constitutional Court has sole authority to interpret
the Constitution.
While the Supreme and Constitutional Courts are now
functioning, further restructuring of the court system must
await enactment of implementing legislation by the SGH. In the
interim, the existing three-level court system remains in
operation. The local (or "people's") courts handle most
routine criminal and civil cases such as assault, petty
larceny, traffic accidents, and liability disputes. Provincial
courts hear serious cases such as murder, rape, grand larceny,
official corruption, and security cases. Provincial courts
also review local court decisions. The Supreme Court serves as
an appeals court for the people's and provincial courts. To
date the Supreme Court has rarely overturned the verdicts of
the lower courts. Supreme Court judges were appointed by the
former Great People's Hural for 4-year terms. Lower court
judges were appointed by provincial hurals, also for 4-year
terms. Current civil and criminal codes provide for the right
of the accused to judicial process, a legal defense, and public
trial "except as stipulated by law." Closed proceedings are
permitted in cases involving crimes against the State, rape
cases involving minors, and particularly brutal murders.
Witnesses are usually required to appear at trials, but written
testimony is sometimes accepted instead. The accused must
answer all questions put to him by the prosecutor.
Under the provisions of a 1993 law on the judicial system, the
formerly separate military justice and railway court systems
have been abolished. All legal actions are now considered by a
single unified national court system.
In the past the courts have been nominally independent, but in
reality were closely controlled by the MPRP. Since the 1990
revolution, there has been a comprehensive review of the Legal
Code and the structure of the judiciary in order to establish a
legal system which will conform to international standards.
The new Constitution stipulates that the judiciary will be
independent and strictly guided by law; it remains to be seen
how this stipulation will be implemented.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The right to privacy of Mongolian citizens, their families,
correspondence, and homes is provided for in the new
Constitution. Despite political reforms and reductions in the
apparatus of government, however, the Government, under old
regulations still in force, retains the authority to exercise
control over individual activity. Warrants must be issued by a
prosecutor before persons or premises may be searched.
According to the 1992 State Security Law, the DSS, despite
internal reforms, still reserves the right to use special
surveillance methods (e.g., wiretaps) in order "to carry out
its duties." No information is available on the extent of
these practices, but the authority of the DSS seems
significantly less than what it was before the 1990 democratic
revolution.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech, press, and "expression of opinion" is
provided for in the new Constitution and is now widely
respected in practice, although some limits remain. Lively
debate covering a broad range of political, economic, and
social topics continued in 1993. Newspapers are able to
publish and circulate freely. However, except for those
newspapers which were able to import newsprint directly or
obtain it as a gift, newsprint shortages prevented most
newspapers from appearing regularly. The Government controls
the allocation of newsprint imported through official trade,
and opposition parties and other publishers continued to allege
that limitations on the quantities of newsprint effectively
prevented them from publishing as frequently as the MPRP
newspaper, Unen.
A new "independent" but government-financed television company
was formed in mid-1992 and now broadcasts 30 hours of
programming a week. Government-owned Mongolian radio and
television remain the only national broadcast systems.
Although both the opposition and the Government at times have
criticized Mongolian television's coverage, it regularly
broadcasts the views of opposition parties as well as those of
the Government, and its news programs are generally considered
balanced.
b. Freedom of Peaceful Assembly and Association
The new Constitution provides for freedom of peaceful
assembly. Demonstrations--including hunger strikes--over
various issues, mainly protesting government economic policies,
were held throughout 1993 without interference by the
authorities. Although permits are required for demonstrations,
this requirement is not enforced. The new Constitution also
grants the right to form a political party or other public
organizations and to unite voluntarily in associations
according to social interests or convictions.
c. Freedom of Religion
The new Constitution provides for the right both to "worship
and nonworship;" there is no state religion. The Constitution
explicitly provides for the separation of church and state.
Freedom of religion is respected in practice.
On December 10, a new law on religious activity went into
force. This law placed limits on religious expression and
explicitly favored Buddhism, Islam, and shamanism. However, on
January 12, 1994, the Constitutional Court declared those
provisions of the law unconstitutional.
Muslims, Buddhists, and Christians all practice their faiths
without government interference. The Association of Mongolian
Religious People, formed in 1990, continued to function
freely. The Government has not interfered with the activities
of Christian and other missionaries, and proselytizing is
permitted. However, a Ministry of Education announcement
stipulates that, because the new Constitution requires that
education be kept separate from religion, foreign language
teaching must not be used as a means of conducting missionary
activity.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The new Constitution provides Mongolians the right to move
freely within the country, choose their residence, travel and
reside abroad, and return to Mongolia. The right to travel
abroad may, however, be limited by law in order to ensure
national security and protect public order. At least some
Mongolians are required to surrender their passports upon
completion of foreign travel and must request their return for
further use. Mongolia does not receive many refugees, but a
few who have come from China's province of Inner Mongolia have
been accepted for resettlement.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The 1992 Constitution provides citizens the right to change
their government through periodic, free elections with
universal suffrage. President Ochirbat, supported by a
coalition of opposition parties, won a second term in June in
Mongolia's first open presidential election.
The Constitution establishes the unicameral State Great Hural
(SGH) as the supreme organ of government. Its 76 members are
elected by direct, secret ballot for 4-year terms. The SGH has
the right to set the date of SGH and presidential elections and
can remove the President. The President of Mongolia serves as
Head of State and is elected to a 4-year term (with a limit of
two terms) by national secret ballot. The Government has a
4-year mandate and is nominated by the party that wins a
majority in the SGH. The SGH, in consultation with the
President, will continue to elect the Prime Minister and
approve his Cabinet.
There are no legal impediments to the participation of women in
government and politics. According to the new Constitution,
"men and women shall be equal in political and economic
fields...." In 1991 women constituted about 30 percent of the
MPRP membership. Three women were elected to the SGH in June
1992.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A local human rights group, the Mongolian Human Rights
Committee, was formed in 1990. There are no known impediments
to its ability to monitor and report on human rights
developments. The Government has cooperated with international
nongovernmental human rights organizations.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
The new Constitution provides that "...no person shall be
discriminated against on the basis of ethnic origin, language,
race, age, sex, social origin, or status..." and that "...men
and women shall be equal in political, economic, social,
cultural fields, and family affairs."
There appears to be little discrimination in education on the
basis of race, sex, or religion.
Women
According to government statistics, the percentage of women in
the work force was 51.3 percent in 1992. Women formed about
half of trade union membership and also hold high professional
positions in such institutions as the courts, schools, research
centers, and hospitals. By law and in practice, women receive
equal pay for equal work. Women are, however, virtually absent
from the highest ranks of government and the professions.
There is little historical information about the extent of
domestic violence, including spousal and child abuse. Only
recently has the issue surfaced in the media; many believe
that the incidence of such violence is growing as more and more
families are confronted by economic and social dislocations,
including unemployment and alcohol.
Children
The Government believes that the growing number of orphaned and
abandoned children is becoming a serious national problem that
requires additional government action. Mongolia's National
Children's Center has been relocated in the Ministry of Social
Welfare and Labor, which is helping to prepare new legislation
on child protection. A few group shelters have been
established for abandoned and street children.
People with Disabilities
People with disabilities have formed several groups to
represent their interests. Under present law, government
benefits vary according to the degree of disability. Those who
have been disabled in industrial accidents have the right to be
reemployed when ready to resume work. The Government also
provides tax benefits to enterprises which employ the disabled
and some firms do so exclusively. No legislation mandates
access for the handicapped.
Section 6 Worker Rights
a. The Right of Association
The right of association for professional associations and
trade unions is provided for in the new Constitution. The
charter of the Mongolian Trade Unions Confederation (MTUC)
provides for the unionization of police and military personnel.
Although at present neither group belongs to the federation,
their affiliation is under consideration. The MTUC represents
some 400,000 Mongolian workers.
Union officials are elected by secret ballot.
There are no arbitrary restrictions on who may be a union
official. Union members, other than civil servants and
essential service workers, have the right to strike, and
several strikes took place during the year. Essential services
employees are those critical for national defense and safety,
including the police, employees of power plants, water works,
public transportation, and public communications, and certain
railway employees.
Most unions in Mongolia are currently affiliated with the MTUC,
which formerly was a part of the MPRP. The MTUC separated from
the party during the 1990 revolution, and its charter now
states that all unions have the right to leave it should they
so desire. The MTUC also maintains there is no requirement for
new unions to register with it or with any government body.
The MTUC is apparently no longer an instrument of government
control. According to the Constitution, no political parties
can be directly represented in the workplace. During 1990 a
new union movement called "The Association of Free Trade
Unions" (AFTU) emerged. It includes some 70 unions. In 1992
another new union organization, called "Blue Mongolia," came
into existence with approximately 40,000 members. Although the
AFTU still functions, Blue Mongolia no longer appears to be
active.
The new Constitution places no restrictions on the political
activity of unions or union officials. There is no statutory
prohibition against unions forming federations or joining
international bodies. Mongolian unions, formerly affiliated
exclusively with international Communist organizations, are
broadening their contacts with Western labor movements. The
MTUC in 1993 sent representatives to various International
Labor Organization, International Confederation of Free Trade
Unions, and specialized federation meetings in Japan,
Singapore, Thailand, Hong Kong, the Philippines, Israel, and
Taiwan.
b. The Right to Organize and Bargain Collectively
Although amendments to the existing Labor Law passed in early
1993 provide for collective bargaining, there are so far no
known instances of such agreements. Wage setting is an issue
still in flux. According to the MTUC, wages and other
work-related issues are supposed to be decided in tripartite
contract negotiations between the enterprises, the Government,
and unions. The Government's role is to be limited to making
sure that the contract meets legal requirements, e.g., hours of
work and safety conditions. In practice, wages usually set by
the employer alone, whether that employer is a private
enterprise or the Government itself. Virtually all enterprises
have been privatized, including manufactured and service
industries. The Government, however, in addition to employing
its own ministry officials and teachers, also owns the
communications systems, mines, airlines, and other
organizations. Where the Government acts as employer, it sets
the wages, although the MTUC member unions are trying to carve
out a role in it for themselves, e.g, as when the teachers in
late 1992 struck for higher wages. However, the unions have
not yet established a formal role.
The Labor Law prohibits antiunion discrimination. According to
the law, an employer must show work-related cause and must
obtain the union's approval to fire a union official who is an
employee. The courts have the right to order reinstatement.
In practice, in the several known instances of union officials
who were faced with dismissal, the matter was resolved and the
official continued working without resort to court intervention.
Export processing zones do not exist in Mongolia.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is specifically prohibited by law.
However, students are frequently mobilized to help farmers
harvest their crops. In 1993 about 9,000 of the 30,000
university students participated in the harvest, while the
others paid a fine equivalent to about $5 to avoid such labor.
d. Minimum Age for Employment of Children
The law prohibits children under the age of 16 from working,
with the exception of those aged 14 and 15 if allowed by the
local trade union committee and given permission by their
parents. Those under 18 are statutorily prohibited from
working at night, from doing arduous work, or from working in
dangerous areas such as mining or construction. Enforcement of
these prohibitions, as well as all other labor regulations, is
the responsibility of state labor inspectors assigned to
regional and local offices. These inspectors visit workplaces
and have the authority to order and, reportedly, compel
immediate compliance with labor regulations.
Prior to 1991 child employment was banned by the Constitution,
and no statistics were kept on such employment. However, in
1991 the Government created the National Commission for
Children. The Commission, under the Ministry of Labor, is
responsible for verifying the extent and condition of child
labor. As a first step, the Commission requested basic
information from Mongolian firms, and its staff also visited
businesses to obtain data. At the end of the year, firms had
still not responded to the Commission's 1992 request for data
on child labor. No alternate source of data on child labor
appears to exist. In the rural areas, there appears to have
been a noticeable drop in school attendance by school-age
children. Part of this drop is undoubtedly due to problems
faced by rural schools (primarily lack of heat), but part is
due to some children having been withdrawn to work in the newly
privatized herds.
e. Acceptable Conditions of Work
The government-established minimum wage applies to all
workers. The minimum wage was raised in June 1993 to $0.03 per
hour (approximately 11 tugriks at December 1993 exchange rates)
and again in December 1993 to around $0.065 (25.74 tugriks).
Few workers, however, make only the minimum wage; most salaried
positions pay three or four times that rate. The minimum wage
has not been indexed to reflect the serious inflation of the
past 3 years. While it is difficult to determine what portion
of the work force is paid at the minimum wage, this wage,
together with subsidies provided workers, appears to provide an
adequate standard of living, although that is endangered by
continuing inflation.
The Labor Law sets 46 hours as the standard workweek, and
establishes a minimum rest period of 42 hours between
workweeks. For those under 18 the standard workweek is 36
hours: overtime is forbidden by law, except in case of
national emergency or natural disaster, such as an earthquake
or floods, and then only with the concurrence of the local
labor union.
Both government and organized labor recognize the importance of
worker health and safety issues, but no specific laws on these
topics have yet been presented to the SGH. At present, the
Labor Law, the Cooperatives Law, and the Enterprise Law provide
occupational safety and health standards, and the Ministry of
Labor sets additional standards. These standards are enforced
by the Government with the help of the trade unions; violators
may be fined and imprisoned. There were no reported incidences
of such punishments levied in 1993. According to the Labor
Code, workers do have the right to remove themselves from
dangerous work situations and still retain their jobs. The
Labor Inspector Force (37 investigators) has taken action, even
to close factories if the building involved does not meet
minimal health and safety regulations. Nonetheless, given
Mongolia's near total reliance on outmoded machinery and
continuing problems with spare parts and maintenance, accidents
are frequent. In the past year, over 300 workers were
reportedly killed in industrial accidents.
[end of document]
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