mongolia technical expert workshop on mutual legal assistance (mla) and law enforcement cooperation...
TRANSCRIPT
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.
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