MONGOLIA Technical Expert Workshop on Mutual Legal Assistance (MLA) and Law Enforcement Cooperation Bangkok, Thailand 30 May – 1 June 2011

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.

Mongolia The 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.