Country Report on Human Rights Practices for 1990
MONGOLIA
In 1990 Mongolia, long a highly centralized Communist state,
installed its first freely elected government as part of a
transition toward multiparty democracy. Responding to demands
of a growing opposition movement, the Mongolian People's
Revolutionary Party (MPRP—the Communist Party) amended the
Constitution to delete its leading role and created a
presidential system and an additional, more representative
legislative house. Political parties were legalized and an
electoral law was passed, leading to general elections in July.
As a result of these political reforms, Mongolia now has a
president, a vice president, a prime minister, and two
legislative houses known as the Great People's Hural (GPH) and
the new Baga (small) Hural. The Vice President also serves as
president of the smaller, more influential legislative house.
Although the President serves as Chief of State with broad
emergency and veto powers, the actual division of
responsibilities between the President and Prime Minister is
not yet clear. The GPH, which elects the President, is the
major legislative body, but the Baga Hural becomes the highest
organ of state power between infrequent GPH sessions.
The new Governinent is led by President Ochirbat and Prime
Minister Byambasuren of the MPRP but it includes a Vice
President, Deputy Prime Ministers, and cabinet members from v
opposition parties. It has pledged to involve all parties in
reforming Mongolia's economic, political and judicial
structures. The political influence of the Soviet Union in
Mongolia has greatly diminished as the Government turns toward
the non-Socialist world for political and economic relations.
The once central role of the security apparatus has also
diminished. State security is no longer a cabinet ministry,
but a department responsible to the Council of Ministers
rather than to the MPRP. The number of security officials has
been drastically reduced. Military forces are also being
reduced, and all Soviet troops—the bulk of which had already
left Mongolia—are to be withdrawn by 1992. Security forces
played virtually no role in the 1990 revolution.
Despite increasing industrialization and urbanization, a
majority of the population is engaged in agriculture, with an
emphasis on livestock raising and associated light industry.
After decades of near total dependency on the Soviet Union,
Mongolia has expressed interest in increasing its foreign
trade with non-Socialist countries and begun an overhaul of
the economy with the goal of achieving a full market economy
within 3 years. The GPH passed an investment law designed to
attract foreign investment, and the Baga Hural is expected to
pass a law allowing private ownership of property.
Democratic reforms undertaken in 1990 resulted in major
improvement in most human rights categories. Progress was
most dramatic in freedom of speech and press, freedom of
assembly, freedom of religion, and the right of citizens to
change their government. The elections were generally judged
by observers to be free and open. However, a short campaign
period and MPRP institutional advantages raised concerns over
ability of the opposition to contest the election on an ec[ual
basis. Concerns also persist about judicial independence and
arbitrary interference with privacy, although the Government
has singled out these areas for additional reforms.
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.
The Government is investigating allegations of past instances
of such killings.
b. Disappearance
There were no known instances of unresolved abductions or
disappearances in recent years.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
There have been no reports that torture or other cruel,
inhuman, or degrading treatment or punishment has been
practiced in the recent past.
d. Arbitrary Arrest, Detention, or Exile
There have been no confirmed reports of arbitrary arrest,
detention, or exile in the past few years. The Government is
investigating cases of such occurrences in the past and has
rehabilitated many victims. Internal exile was used as a
political punishment in the past; many former victims have
been rehabilitated. One of the two candidates for president
in September had been rehabilitated earlier in the year.
Police may 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
who is appointed by the State Prosecutor for a 5-year term and
who functions as part of the Ministry of Justice. The State
Prosecutor is appointed by the GPH for a 5-year term.
Warrants must also be issued by a prosecutor before persons or
premises may be searched. There is no statutory right for an
accused to see an attorney, and defense attorneys are
routinely denied access to their clients. The Government does
not pay for legal representation on behalf of those who cannot
afford it.
e. Denial of Fair Public Trial
There are three levels of courts in Mongolia. The 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. The High Court serves as an appeals court for the
People's and Provincial Courts. To date the High Court has
rarely overturned verdicts of the Lower Courts. High Court
judges are appointed by the GPH for a 4-year term. Lower
Court judges are appointed by provincial Hurals, also for
4-year terms. Current civil and criminal codes stipulate the
right of the accused to judicial process, a legal defense, and
public trial "except as stipulated by law." Closed
proceedings are permitted in the cases of 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. The courts have nominally been independent, but
in reality have been closely controlled by MPRP. A
comprehensive review of the legal code is currently underway,
with the goal of establishing a legal system conforming to
international standards. Aside from a few prisoners convicted
of passing confidential material to foreigners, whose exact
status is not clear, there are no political prisoners.
f . Arbitrary Interference with Privacy, Family, Home, or Correspondence
The right to privacy of person, home, and correspondence is
provided for in the Constitution. Despite political reforms
and cutbacks in the apparatus of government, the Government
still retains the authority to exercise control over
individual activity. The State still has the power to approve
job and residence changes. The Department of State Security
(DSS), despite internal reforms, still reserves the right to
use special surveillance measures (e.g., wiretaps) "when
necessary." No information is available on the extent of
these practices, and the capabilities of the DSS seem
significantly below what they were a year ago. Membership in
political parties seems to be voluntary and free from
government coercion.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for in the
Constitution and is now widely respected in practice, although
limits remain. Since the start of 1990, Mongolia has
experienced a lively debate covering a broad range of
political issues. Many newspapers freely publish and
circulate in Mongolia, although the Government controls the
allocation of newsprint. The only television station is
government owned. There were credible reports that opposition
parties were denied equal access to the media during the
election campaign. For example, several opposition parties
claimed that the MPRP-owned newspaper, which enjoys the widest
circulation, refused to accept advertisements for opposition
candidates. Opposition parties also alleged that limitations
on the quantities of newsprint provided to opposition
newspapers effectively prevented them from publishing as
frequently as the MPRP newspaper.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of demonstration and
assembly. Mass demonstrations played a key role in the 1990
revolution. Permits are technically required for mass
gatherings, but this requirement is rarely enforced. In
separate incidents in April, unarmed troops were sent to the
site of one demonstration and nine demonstrators were briefly
detained at another for lack of the required permit. The
troops did not interfere with the demonstration, and the
detainees were released without penalty.
c. Freedom of Religion
Mongolian law provides for freedom of religion; there is no
state religion. Since the 1990 revolution, freedom of
religion has been respected in practice. There has been a
rapid growth in the number of monasteries, and a Buddhist
clergy training school opened in Ulaanbaatar, the capital,
without government interference. Members of the Buddhist
clergy elected a new leader in 1990. He replaced a man who
had been appointed by the previous government. The Government
has given permission for a mosque to be built in the western
Kazakh province of Bayan Ulghi (the first since 1937) and for
an Islamic center to be established in Ulaanbaatar. The
importation of Korans was allowed to begin in 1990, and one
Mongolian was allowed to visit Mecca to make the hajj. The
Government said that beginning in 1991 all Moslems may make
the hajj. An association of Mongolian religious people formed
in 1990 and has functioned freely. A group of foreign Baha'is
made a series of presentations at the state theater in
mid-1990. Christian missionaries began to appear in late
1990, and the Government did not interfere in their
activities. The Government has stated that proselytizing
would be permitted.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Mongolians may travel freely inside the country. While travel
and job residence changes are still nominally decided by the
State, in the wake of the liberalizations of recent years many
people are freely taking and leaving jobs. A 1989 census
revealed that approximately 10 percent of the residents of
Ulaanbaatar had no residence permits. Mongolia liberalized
emigration regulations in 1989, and 13,000 Mongolians traveled
abroad that year. Under current policy, all Mongolians may
leave the country and return to it. Over 6,000 had traveled
abroad in the first 8 months of 1990. The Government passed a
new emigration law, codifying these rights in October.
Mongolia does not receive many refugees, but the 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
As a result of the reforms engendered by the 1990 revolution,
Mongolians have been promised the right to change their
government through periodic, free elections with universal
suffrage. The Constitution was amended in March to abolish
the leading role of the MPRP, and create a presidential system
and the more representative Baga Hural . Political parties
were formally legalized and an electoral law passed. The GPH
is directly elected in single member districts; the Baga Hural
is selected on the basis of party preference lists.
Dissatisfaction with elements of the electoral law, perceived
MPRP manipulation of the electoral process, and the short
campaign period led some opposition parties to threaten
election boycotts on several occasions. However, in early
July the MPRP made concessions assuring the participation of
all five registered opposition parties. On July 29 Mongolian
citizens participated in the first multiparty elections for
the GPH and local offices and expressed their party
preferences in voting for the Baga Hural. The elections were
generally judged by observers to be free and open. Multiple
candidates were narrowed to the two top conte^nders for each
post in an open primary held July 22.
Although MPRP candidates captured over 80 percent of the 430
GPH seats, only 13 percent of GPH deputies were reelected.
ONGOLIA
bringing about wholesale changes within the MPRP. The
Mongolian Democratic Party, the Progressive National Party,
the Social Democratic Party, and some 39 independents won the
remaining GPH seats . Eighteen seats were determined in runoff
elections. The MPRP won 62 percent of the votes for the Baga
Hural, giving it 31 of 50 seats. The same three opposition
parties won the remaining seats. Two opposition parties
polled less than the 2-percent threshhold required for a seat
in the Baga Hural. The GPH will meet four times over the next
5 years while the Baga Hural will meet twice yearly for 75-day
periods and will act as the standing legislature.
The GPH met for the first time since the elections on
September 3 and elected P. Ochirbat of the MPRP and R.
Gonchigdorg of the Social Democratic Party as President and
Vice President, respectively. Prime Minister Byambasuren
(MPRP) and two opposition Deputy Prime Ministers were also
elected. The rest of the Council of Ministers is composed of
MPRP members, but Byambasuren has pledged to include all
parties and ideologies in a collaborative effort to reform
Mongolia's political, economic, and legal systems.
While they acknowledged that the election was an important
step toward establishing democracy in Mongolia, opposition
leaders noted after the election that GPH districts of unequal
size gave unfair advantage to the MPRP, and that inexperience
and time constraints prevented them from contesting every
race. In order to give Mongolians a genuine opportunity to
change their government, they demanded, and the Government
agreed to consider, holding the next general election in 2
years rather than in 5.
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. While it was too early to draw
conclusions as to its effectiveness, there were at year's end
no known impediments to its ability to monitor and report on
human rights developments. At the invitation of the
Government, the U.S. -based International Human Rights Law
Group sent an observer team to monitor the July elections.
The Government published the texts of international human
rights agreements in local newspapers.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
There appears to be little discrimination in education on the
basis of race, sex, or religion.
Universal franchise and equal rights for women are official
policy. According to government statistics, the percentage of
women in the work force rose from 30 to 48.5 percent between
1960 and 1984. Women constitute about 30 percent of the MPRP
membership and 49.8 percent of trade union membership. Women
also hold high professional positions in institutions such as
schools, research centers, and hospitals. Nine women were
elected to the Great People's Hural in July. Harassment of
women does not appear to be practiced, although little
information about it is available. Little is known about the
extent to which violence against women, including domestic
violence, occurs. It has not been discussed as a matter of
public policy or in the media.
Section 6 Worker Rights
a. The Right of Association
The right to organize professional associations and trade
unions is provided for in the Constitution. The charter of
the Federation of Mongolian Trade Unions (FMTU) also provides
for the unionization of police and military personnel, but it
is unclear whether there are any such unions. Approximately
75 percent of the total Mongolian work force, including
agricultural as well as industrial workers, is unionized.
Union officials are elected by secret ballot. There are no
restrictions on who can be a union official, except that those
judged mentally incompetent cannot hold union office.
All unions in Mongolia are cuurently affiliated with the FMTU,
which formerly was a part of the MPRP . The FMTU 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 FMTU also maintains there is no requirement
for new unions to register with it or with any government
body. Although it is difficult to make any conclusive
assessment of this new policy, it is clear the FMTU is no
longer an instrument of government control.
The Constitution places no restrictions on the political
activity of unions or union officials. Twenty members of the
national legislature (Great People's Hural) are labor union
officials, three of whom are members of the Central Council of
the FMTU. During the 1990 elections, unions openly supported
candidates from the ruling MPRP and from opposition parties.
Except in certain key industries, such as transportation,
communications, and power generation, Mongolians have the
right to strike. In key industries workers can also strike,
but not all workers may leave their jobs; there must always
remain enough workers to maintain m.inimal services. According
to the labor law, the Government bears special responsibility
for seeing that the demands of these workers are met. During
1990 there were several strikes lasting from a few hours to a
few days in the taxi and the construction industries and in
the milk product enterprise. Bus drivers also carried out a
strike which was only partial, as some workers had to stay at
work because they are considered part, of the key
transportation industry.
There is no statutory prohibition against unions forming
federations or joining international bodies. The FMTU is
affiliated with the Communist-controlled World Federation of
Trade Unions and has represented Mongolian workers at the
International Labor Organization (ILO). The Mongolian
Transportation Workers Union is affiliated with the
Communist-run Trade Union International.
b. The Right to Organize and Bargain Collectively
The Labor Law prohibits antiunion discrimination. According
to the law, any time an employer wishes to fire a worker who
is a union official, the employer must show work-related cause
and must obtain the union's approval. Should the union not
approve, the worker may judicially appeal any firing. The
courts have the right to order reinstatement. The FMTU says
there were a few such cases this year, most of which resulted
in the workers regaining their jobs.
The right to bargain collectively is protected in the
Constitution. The Government sets the minimum wage in most
industries. The upper boundary of wages is then decided by
collective bargaining. During 1990 collective bargaining
agreements were reached with the coal mining, power generation,
and transportation industries, among others. No export
processing zones exist in Mongolia.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is specifically prohibited by law.
The Constitution also guarantees the right of workers to be
compensated for all work they perform. In practice, there is
no forced labor in Mongolia.
d. Minimum Age for Employment of Children
The law prohibits children from working under the age of 16,
although those aged 14 may work if allowed to 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. The workday is
prescribed as 8 hours for adults, 7 hours for those aged 16 to
18, and 6 hours for those aged 14 and 15. These laws are
strictly enforced by civil authorities.
e. Acceptable Conditions of Work
The Labor Law sets 46 hours as the standard workweek. For
those under 18 the standard workweek is 36 hours. The minimum
wage is $41 per month at the official exchange rate ($8 to $10
at the black market rate) . This minimum wage applies to all
workers, even to those under 18 who work only 36 hours per
week. 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. The average monthly income in
Mongolia is $84.32 per month. 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.
The Labor Law, the Cooperatives Law, and the Enterprise Law
provide for occupational safety and health standards. These
standards are enforced by the Government and trade unions.
Violators can be fined and imprisoned. There were
approximately 2,000 industrial accidents in 1990. According
to the FMTU, every fourth day a Mongolian worker dies from an
industrial accident.Nauru
The Republic of Nauru, an 8 . 22-square mile Pacific island with
about 9,000 inhabitants, gained independence in 1968, at which
time it adopted a modified Westminster form of parliamentary
democracy. Previously, Australia administered the island,
first as a League of Nations mandate and later as a United
Nations trust territory.
Nauru has two levels of government, the unicameral Parliament
and the Nauru Local Government Council (NLGC) , both popularly
elected bodies. Parliamentary elections must be held at least
once every 3 years. The Parliament consists of 18 members
from 8 constituencies and is responsible for national and
international matters. The President, who is both head of
state and head of government, is elected by Parliament from
among its members. The NLGC acts as the local government and
is responsible for public services. The judiciary is
independent. Nauru has no armed forces, though it does
maintain a police force, now numbering 72 officers, under
civilian control.
The economy depends almost entirely on the country's rich
phosphate deposits which are mined by the government-owned
Nauru Phosphate Corporation (NPC) . Its profits are the
primary source of revenue for the Government; Nauru has no
consumption or income taxes. A large percentage of the NPC '
s
earnings are placed by the Government in long-term
investments, meant to support the Nauruans after the phosphate
reserves have been exhausted. Using current extraction
techniques, Nauru has only 1 to 3 more years of phosphate
production. Adapting to greatly reduced current demand for
phosphate and the eventual end to phoSjjhate income confronts
the nation with its greatest challenge since independence.
Fundamental human rights are provided for in the Constitution
and generally respected in practice, although hard data and
systematic records are lacking. Discrimination and violence
against women remain the principal human rights concerns.
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 political or other extrajudicial killings.
b. Disappearance
There were no political disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The Constitution prohibits these practices, and this
prohibition is respected.
d. Arbitrary Arrest, Detention, or Exile
The constitutional prohibition of arbitrary arrest and
detention is honored. The police may hold a person for no
more than 24 hours without a hearing before a magistrate.
Exile is not practiced.
