MONGOLIA
CONSTITUTION Mongolia, traditionally a nation of tribal nomads, is located between China and Russia on the central Asian steppe. Early in Mongolia’s history, different nomadic tribes dominated the steppe, leading ultimately to Genghis Khan’s Mongol Empire in the 13th century. The Mongol Empire stretched across Asia to Eastern Europe and ruled until the Chinese overthrew the Yuan Dynasty in 1306. After the decline of the Mongol Empire, the region again was dominated by nomadic tribes, with no
centralized leadership. Mongolia was increasingly influenced by other Asian cultures, including Tibetan Buddhism in the 16th and 17th centuries. From the mid-17th century until 1911 when the Qing Dynasty collapsed, Mongolia was part of China under the Qing Dynasty. Today, the Chinese distinguish between Inner Mongolia (a semi-autonomous region in China) and Outer Mongolia (the independent country of Mongolia).
Following Chinese rule, Mongolia declared independence in 1921. Northeastern China, then known as Manchuria, wanted to incorporate Mongolia, and thus Mongolia turned to the Soviet Union to support its independence, rather than becoming part of Manchuria. The Soviets heavily influenced Mongolia and the communist country was known as the Mongolian People’s Republic from 1924 and 1992. The Soviets are responsible for much of the infrastructure development in Mongolia, and the capital city, Ulaan Baatar.
When the Soviet Union declined in the late 1980s, Mongolia transitioned to a democratic system of government and enacted its own constitution on January 13, 1992. The Mongolian Constitution officially did away with the Mongolian People’s Revolutionary Party monopoly on political power. The Constitution legalized opposition parties and provided the transition from communism to democracy. The Constitution established the executive, unicameral legislative and judicial branches of the government. Notably, the Constitution authorizes Mongolian citizens to privately own land. However, the Constitution provides that the land which is not privately owned, as well as the water, fauna, forests and mineral resources, are all reserved for the state. The Mongolian constitution prohibits the presence of foreign troops.
LEGISLATIVE BODY The State Great Khural is Mongolia’s single house of parliament. A total of 76 members are elected to serve four year terms. Currently four different political parties are represented in Mongolia’s parliament. The most represented parties are the Mongolian People’s Revolutionary Party and the Mongolian Democratic Party. The State Great Khural appoints the nominees for president, enacts and amends laws, and sets foreign policy, among other duties. The State Great Kuhral also has the power to veto any order by the President with a 2/3 vote, and may also amend the constitution by a 3/4 vote.
All Mongolian law comes from the State Great Kuhral. Mongolia’s legal system is statutorily based; and there is no system of precedents based on common law. All previous decisions of the Mongolian courts are therefore only advisory and do not bind courts in how they will rule in future cases.
EXECUTIVE AUTHORITY Mongolian presidents are elected by popular vote for four year terms. Candidates are nominated by the political parties represented in the State Great Khural. The President is the chief of state, and Mongolia also elects a Prime Minister as the head of government. Mongolia does not have a Vice President. The Prime Minister, while nominated by the president, is typically the leader of the majority party in the State Great Khural. The prime minister in turn, appoints a cabinet who consult with the executive branch and the State Great Khural.
JUDICIAL SYSTEM In Mongolia, there are two high courts. The Constitutional Court is responsible for interpreting the Constitution, while the Supreme Court serves as the appellate court.
The Constitutional Court is comprised of nine justices each elected for six-year terms. The jurisdiction of the Constitutional Court is limited to Mongolia’s constitutional issues. The judges of the Supreme Court are elected by the General Council of Courts, who are confirmed by the State Great Khural and the President. The Supreme Court is located in Ulaan Bataar. In additional to appeals, the Supreme Court may address maters of first impression that are not specifically in the jurisdiction of other courts. Two tiers of local courts in each Mongolia’s 22 provinces have jurisdiction over civil and criminal matters: 1) The Soum, Intersoum and District Courts hear misdemeanors and less serious crimes. They also hear civil cases where the amount disputed is less than 10 million tugrik.1 2) The Aimag Courts (“aimag” means province in Mongolian) are found in each provincial capital city. These courts hear more serious criminal matters and civil cases where the amount disputed is over 10 million tugrik. Aigmag courts may hear appeals from the district courts.
IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS 1
As of May 23, 2011, 10 million tugrik would equal approximately $8220.30
The Mongolia has ratified thirteen of the sixteen United Nations international legal instruments against terrorism. Ratified
Yet to be Ratified
The Aircraft Convention: 1963 Convention on Offences and Certain Other Acts Committed on Board Aircraft Ratified: July 24, 1990 The Unlawful Seizure Convention: 1970 Convention for the Suppression of Unlawful Seizure of Aircraft Ratified: October 8, 1971 The Civil Aviation Convention: 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: September 14, 1972 The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: August 8, 1974 Hostages Convention: 1979 International Convention against the Taking of Hostages Ratified: June 6, 1992 Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material Ratified: May 28, 1986 Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports
2005 Protocol for the Suppression of Unlawful Acts against the safety of fixed platforms located on the Continental Shelf 2005 Amendment to the Convention on the Physical Protection of Nuclear Material
2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation
Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: September 22, 1999 Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Ratified: November 22, 2005 Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: November 22, 2005 Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Ratified: September 22, 1999 Terrorist Bombing Convention: 1997 International Convention for the Suppression of Terrorist Bombings Ratified: September 7, 2000 Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Ratified: February 25, 2004 Nuclear Terrorism Convention: 2005
International Convention for the Suppression of Acts of Nuclear Terrorism Ratified March 31, 2010
In addition, Mongolia is working to implement UN Resolutions 1373 and has made three reports to the United Nations Counter Terrorism Committee on the county’s progress. Most recently, in 2005, Mongolia reported it had adopted legislation in 2004 year to provide the country with a legal basis to combat terrorism. In addition, the government formed a working group to redraft current legislation on money laundering and financing of terrorism and bring that legislation into compliance with the 1999 convention for the suppression of financing terrorism, adopted by Mongolia in 2003. CORRUPTION AND GOVERNANCE Seventy-three percent of Mongolians see the country as increasingly corrupt over the last three years, with political parties and the Mongolian parliament tied in public perception as the two most corrupt institutions. Nearly half of Mongolians have paid a bribe in the last year. Mongolia’s governance indicators have consistently worsened since 2003. While Mongolia’s political stability indicator is its highest indicator, it has fallen nearly 15 percentage points since 2003. Government effectiveness and
control of corruption recently dropped into the 10 to 15 percentile range, declining in comparison to the world and previous years.