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
The Mongolia has ratified thirteen of the sixteen United Nations
international legal instruments against terrorism.
1
As of May 23, 2011, 10 million tugrik would equal approximately $8220.30
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
Hostages
Convention:
1979
Ratified: August
8, 1974
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 International Civil Aviation,
Serving
supplementary to the Convention
for the Suppression of Unlawful
Acts
against the Safety of Civil Aviation
Ratified: September 22, 1999
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
Ratified
Yet to be Ratified
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:
Fixed
Platform
November
Protocol:
22, 2005
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 1997
Terrorist
Bombing Convention:
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
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.