Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/mongolia.txt

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TITLE: MONGOLIA HUMAN RIGHTS PRACATICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995

                            MONGOLIA


During 1994 Mongolia showed steady--if sometimes
uneven--progress in its transition from a highly centralized
Communist-led state toward a full-fledged multiparty
democracy.  The Mongolian People's Revolutionary Party (MPRP),
the lineal descendent of the former ruling Communist party,
dominates the unicameral legislature.  In 1992 parliamentary
elections, the MPRP garnered 71 of the 76 seats in the State
Great Hural (SGH), even though opposition parties received over
40 percent of the popular vote.  Owing to this imbalance, a
lingering sense of disenfranchisement continues among the
political opposition.  The Prime Minister is nominated by the
President and approved by the SGH.  The President and Prime
Minister together nominate cabinet officers, who must also
receive SGH approval.

Security forces remain under civilian control.  The Mongolian
military continued its downsizing in 1994.  The newly named and
reorganized Mongolian Central Intelligence Agency (MCIA) is
responsible for internal security.  Its head has ministerial
status and reports directly to the Prime Minister.  There were
no reports of human rights abuses by the MCIA during the year.

The economy continued to progress steadily, if unevenly.
Despite increasing industrialization and urbanization, a large
portion of the population is still engaged in agriculture, with
an emphasis on livestock raising and related light industry.
After decades of nearly total dependency on the former Soviet
Union, Mongolia is increasing its trade with other countries
and making the difficult transition to a market economy.  The
new Constitution lays the groundwork for this transition by
establishing the right to private property and to conduct
private commercial activity.  A shortage of capital and a
slowdown in economic growth constrained reform efforts.

The human rights record remains generally good.  Human rights
problems included the lack of laws to codify human rights
provisions contained in the Constitution, occasional violence
against prisoners and detainees by security forces, lack of
access to defense attorneys for pretrial detainees, monitoring
of telephone lines by security forces, some limitations on
access to government-owned media, and violence against women.
A short, bitter strike at a major joint venture textile company
emphasized the still problematic status of labor law in this
rapidly changing country, the necessity for clarifying workers'
rights, and the need for new industrial safety legislation.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of politically motivated abductions or
disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution forbids these abuses.  However, there were
credible reports that police and prison officials sometimes
beat and otherwise physically abuse prisoners and detainees.
Mongolian detention facilities are Spartan, and conditions in
them--including insufficient food and heating--may on occasion
pose a threat to the health of detainees.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution provides that no person shall be searched,
arrested, detained, or deprived of liberty except by law, but
these protections have not been codified.  Under the Legal
Code, police may arrest those caught committing a crime and
hold them for up to 72 hours without a warrant.  A warrant must
be issued by a prosecutor for incarceration of longer duration,
or when the actual crime was not witnessed.  A detainee has no
statutory right under the current Code to see an attorney, and
defense attorneys are routinely denied access to their clients
before trial.

     e.  Denial of Fair Public Trial

The courts system consists of local ("people's") courts,
provincial courts, a Constitutional Court, and the Supreme
Court.  The courts are independent, and there is no evidence
that they discriminate against any group or that decisions are
made for political reasons.

The Supreme Court is at the apex of the judicial system; its
members, appointed for 4-year terms, hear appeals from lower
courts.  The local courts hear mostly routine criminal and
civil cases; provincial courts hear the more serious cases,
including those of murder, rape, and grand larceny, and also
serve as the appeals court for local court decisions.  The
President nominates, and the SGH approves, justices to the
Supreme Court for 4-year terms.  Lower court judges are chosen
by the Chief Justice of the Supreme Court, based on the
recommendation of the members of the Supreme Court, for 4-year
terms also.

All accused persons are guaranteed due process, legal defense,
and a public trial, although closed proceedings are permitted
in cases involving crimes against the State, rape cases
involving minors, and particularly brutal murders.

The Constitutional Court has sole jurisdiction in matters
involving constitutional issues, and in corruption and other
criminal charges levied against high government officials.  In
late summer, after a lengthy investigation the court charged
well-known opposition Member of Parliament Elbegdorj with
having revealed state secrets in a public speech.  Elbegdorj
was acquitted of all charges in a 1-day closed trial.  Both he
and some of his supporters contend that the charges and
subsequent trial constituted harassment for his political views.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution provides that the State shall not interfere
with the private beliefs and actions of citizens, and this is
generally respected.  The head of the MCIA may, with the
knowledge and consent of the Prime Minister, direct the
monitoring and recording of telephone conversations.  The
extent of such monitoring is unknown.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for the rights of freedom of speech
and expression, and the Government generally respects them.

A growing range of newspapers and other publications represent
major political party viewpoints as well as independent views.
Although in the past the Government controlled access to
newsprint, all newspapers now buy newsprint directly from
private suppliers, and neither party-affiliated nor independent
media report difficulty securing an adequate supply.  The
Government now plays no role in the allocation of newsprint.
Due to transportation difficulties, uneven postal service, and
the fluctuations in the amount of newsprint available, however,
in outlying regions access to publications is somewhat
restricted.

In April, after several months of charges and countercharges of
corruption by both opposition and progovernment forces, the
Mongolian Democratic Union (MDU) called for a hunger strike in
Ulaanbaatar's central square.  Reminiscent of a similar MDU
action that had helped spark the prodemocracy movement in 1990,
the 2-week action drew the support of several opposition
political parties and others concerned about basic social and
economic issues.  President Ochirbat helped mediate an end to
the strike with a promise to introduce new legislation
codifying the constitutional right of free expression.  The
strike and a counterstrike by government supporters, ended when
the three parties represented in Parliament agreed to discuss
new legislation dealing with press freedom and the rights of
assembly.  As the year ended, such legislation was still in the
drafting stage.

There is a single, government-financed television station with
countrywide reception, as well as several radio stations.  The
latter are particularly important as the major sources of
current news in the countryside.  Government-financed
television and radio stations report both opposition and
government views.  In response to a 1993 threat by opposition
political forces to leave the Hural (Parliament), the
Government briefly granted opposition parties limited access to
both broadcast and print media.  Revocation of this access was
one of the factors leading to the 2-week-long hunger strike
discussed above.

Academic freedom is evident, although there continues to be a
shortage of teaching materials.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for peaceful assembly and
association, and this is generally respected in practice.  An
additional cause of the April hunger strike, however, was the
first reported denial of a meeting permit by police forces,
whichopposition forces claimed was made on political grounds.
The President promised to introduce legislation delineating
these rights, and clarified that the permit process is a public
order and safety measure, not a means of controlling the
expression of political criticism.  By year's end, no
legislation had been passed.

     c.  Freedom of Religion

The Constitution provides only for the right both to worship
and not to worship and explicitly recognizes the separation of
church and state.

However, the Constitution's provision for regulation of church
and state relations led to the passage in late 1993 of a law
that appeared to make distinctions between the three
"traditional" Mongolian belief systems--i.e., Buddhism, Islam,
and Shamanism--and all others.  The three most discriminatory
provisions of the law were struck down by the Constitutional
Court in January.  The decision left intact several provisions
which could lead to abuse of the freedom of religion.  The most
controversial are the provision that allows the State to
supervise and limit, if it desires to do so, the number of
priests, monks, and other religious authorities, as well as the
locations of individual religious establishments, and the
provision  recognizing the "predominant" or "preeminent" place
of Buddhism in Mongolia.  The law prohibits the use of
state-owned buildings for religious purposes in a country where
most buildings are state owned.  Nevertheless, since the
decision, several Christian churches have successfully
registered and found places to worship.  Except for a single,
unconfirmed charge of discrimination levied by one
congregation, there is no credible evidence that the Government
has used this law or any other to limit or interfere with
religious freedom.  Proselytizing is allowed, although a
Ministry of Education directive bans the mixing of foreign
language or other training with religious teaching or
instruction.  Contacts with coreligionists outside the country
are allowed.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Citizens move freely within the country and may change their
workplace and residence without government restriction.  The
Government does not arbitrarily restrict travel abroad.  There
have been no reports of forced expulsion of those having a
valid claim to refugee status.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Constitution provides citizens the right to change their
government through periodic, free elections via secret ballot,
with universal suffrage.  However, as noted above, the
plurality-takes-all election law, combined with a multiplicity
of candidates in each constituency, led to an overwhelming MPRP
victory in the 1992 elections.  The MPRP, the successor party
to the Communist party that controlled political life in
Mongolia for 70 years, dominates a unicameral chamber (70 of 76
seats), even though opposition party candidates won more than
40 percent of the popular vote.  They have consistently
complained that the current SGH composition does not reflect
the will of the electorate.

Several new political parties were formed in 1994, bringing the
recognized total to 19.

There are no legal impediments to the participation of women in
government and politics, but they are underrepresented in the
highest levels of government and the judiciary.  Although there
are significant numbers of women in various midlevel ministry
positions, there are no women in the Cabinet or in either the
Supreme or Constitutional Courts, and only three in the
legislature.  Underrepresentation of women at the highest
levels of government and the professions has several causes,
including tradition and some degree of discrimination by the
virtually all-male web of leadership.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

In late 1994 the Human Rights Committee, which was founded in
1990, merged with two smaller human rights groups to become a
local affiliate of Amnesty International.  They continued to
operate without government restriction.

The Government welcomed visits by representatives of several
international human rights organizations, and a representative
of the International Committee of the Red Cross is resident in
Mongolia.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution states 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."

     Women

Women comprise about half the work force, and a significant
number are the primary earners for their families.  By law and
practice, women receive equal pay for equal work and have equal
access to education.  They comprise a majority of the work
force in the legal and medical professions and are well
represented in middle-level management of government,
education, and research institutions.  Growing numbers of women
are involved in the creation and management of private
companies such as trading and manufacturing.  Women are,
however, almost totally absent from the highest ranks of
government and the professions.

There is growing public discussion of domestic violence,
including spousal and child abuse, after many years of
government and societal denial.  The large economic and
societal changes under way have created new stresses on the
family, including loss of jobs, inflation, and lowered spending
for social and educational programs.  These factors, coupled
with the serious problems caused by extremely high rates of
alcohol abuse, have led to increased instances of abuse and
abandonment and added to the ranks of single-parent families,
most of which are headed by women.  There is no known police or
government intervention in cases involving violence against
women beyond prosecution under existing assault laws when
formal charges are filed.

     Children

Increased stress on the family structure and in society has had
direct effects on many children.  There are growing numbers of
infants and small children orphaned by maternal deaths and
desertion, and in the major urban centers, particularly
Ulaanbaatar, growing numbers of street children.  The
Government is committed in principle to children's rights and
welfare, but lacks the resources to go beyond minimal support
for shelters and programs which require additional private
donations to operate.  The few orphanages and shelters are hard
pressed to accommodate all the children who need temporary or
permanent placement and to raise sufficient funds from
government and private sources to sustain their activities.  It
appears difficult for many Mongolians--reared in a culture that
values children and in which extended families and multiple
caregivers have always been the rule--to recognize or admit the
gravity of this relatively new problem.

     People with Disabilities

People with disabilities receive government benefits according
to the nature and severity of the disability; those who have
been injured in industrial accidents have the right to be
reemployed when ready to resume work.  The Government also
provides tax benefits to enterprises which hire the disabled,
and some firms do so exclusively.  There is no government
legislation mandating access for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution entitles all workers to form or join union and
professional organizations of their own choosing.  Union
officials estimate that the combined membership in all unions
now totals over 470,000, close to half of the work force.
During 1994 there was a government-mandated registration of all
workers' organizations, and almost 600 separate unions were
recognized.  Most of these are affiliated with the Mongolian
Trade Unions Confederation (MTUC), formerly a part of the MPRP,
but now officially separate.  The newer Association of Free
Trades Unions (AFTU) has a growing number of affiliates.  Both
organizations are developing contacts with international labor
organizations and confederations in other countries.
Membership figures may be rather unreliable as many companies
and institutions undergo privatization and restructuring and as
many workers change occupations.  There are no arbitrary
restrictions on who may be a union official; such officers are
elected by secret ballot.

Union members, with the exceptions of civil servants and
employees in essential services, have the right to strike.  The
Government defines essential services as those critical for
national defense and safety, including police, employees of
power plants, water works, public transportation, public
communications, and certain railway employees.  Articles 6 and
7 of the Law of Labor Conflict Resolution state that the court
can punish organizers if it finds the strike was illegal
because either the industry was an essential service or there
was "insufficient cause" for the strike.  A strike at a major
joint venture textile company ended in a court ruling that
failed to clarify this provision or other aspects of the
country's labor code.

     b.  The Right to Organize and Bargain Collectively

Amendments to the existing Labor Law passed in 1993 provide for
collective bargaining, but its current application remains
unclear.  In theory, wage levels and other employment issues
are decided in tripartite contract negotiations between
employer, union, and government representatives; the
Government's role is limited to ensuring that the contract
meets legal requirements as to hours and conditions of work.
In practice, wages and other conditions of employment still are
set mainly by the employer whether that employer is a private
firm or the Government.  Most industrial concerns have now been
privatized, although the Government still controls some major
infrastructure enterprises, including mines and the
communications system.

There are no export processing zones in Mongolia.

     c.  Prohibition of Forced or Compulsory Labor

The law specifically prohibits forced or compulsory labor.
However, virtually all of the military forces are required to
help with the fall harvest.

     d.  Minimum Age for Employment of Children

The law prohibits children under the age of 16 from working,
although those age 14 and 15 may do so with parental consent.
Those under 18 years of age may not work at night, engage in
arduous work, or work in dangerous occupations, such as mining
and 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 have the authority to order and, reportedly, compel
immediate compliance with labor legislation.  Enforcement is
limited due to the small number of labor inspectors who must
monitor a growing number of small enterprises.

A significant number of children continue to leave school early
to work, both in the cities and in the countryside.  In rural
areas, this appears to be partly attributable to the closure of
some schools and a growing shortage of teachers; the children
often leave to help care for newly privatized herds.

     e.  Acceptable Conditions of Work

In September the minimum wage was raised to about $0.12 (33
tugriks) per hour, or approximately $25.00 a month.  This level
applies to public sector employees only, and it is enforced by
the Ministry of Population Policy and Labor.  However, this is
the lowest wage for manual labor, such as janitorial work, and
virtually all civil servants make more than this amount.  Those
employed in private businesses generally earn considerably
more.  The minimum wage alone is insufficient to provide a
decent standard of living for a worker and his family.

Labor law sets the standard legal workweek at 46 hours and
establishes a minimum rest period of 42 hours between
workweeks.  For those under 18 years of age, the workweek is 36
hours, and overtime work is not allowed.  Time off is given
equal to the number of overtime hours worked or, by law,
compensated at double the standard hourly rate.  Pregnant women
and nursing mothers are prohibited by law from working
overtime.

Laws on labor, cooperatives, and enterprises set occupational
health and safety standards, and the Ministry of Population
Policy and Labor provides enforcement.  According to the Labor
Law, workers have the right to remove themselves from dangerous
work situations and still retain their jobs.  Mongolia's near
total reliance on outmoded machinery and continuing problems
with management and maintenance lead to frequent industrial
accidents, particularly in the mining, power, and construction
sectors.  Effective enforcement of existing occupational health
and safety standards is difficult because the Labor Ministry
has only 37 full-time inspectors to cover all firms, including
a growing number of small enterprises.  Some of the major
industrial sectors, however, have part-time inspectors.