MONGOLIA

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MONGOLIA

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

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Mongolia
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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).

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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).

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Mongolia

• In 2005 the Government approved a special program
  The National Program Against Human Trafficking,
  Particularly on Protection Women and Children
  from Sexual Exploitation.

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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 NGOs.

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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 )

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Mongolia

• Reasons
• Poverty
• Lack of employment
• Lack of education
• Young peoples desire to travel/live abroad.

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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.

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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.

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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.

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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).

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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.

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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.

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Mongolia

• International Cooperation MLA
• Legal assistance
• Russia Generals 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

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• Thank you.
• Questions are welcome.