FOREWORD
Khasbazaryn Bekhbat
Ambassador, Mission of Mongolia to the United Nations
Geneva
When the Soviet Union crumbled, Mongolia committed itself to evolve into a fully
democratic state and society, and has gone this difficult way with unwavering certitude.
The democratic reform and oversight of the security sector plays a vital role in these
developments. Unless all the security-providers are integrated and controlled by the
democratically elected authorities, a state can not be called fully democratic, nor can it
feel safe from attempts to undermine its democratic legitimacy. The 1992 Constitution of
Mongolia has acknowledged this fact and done justice to it by clearly regulating civilian
and military competences. As this book will document, a comprehensive number of laws
were to follow and further regulate oversight and control issues.
The Geneva Centre for the Democratic Control of Armed Forces (DCAF - founded 2000
as a Swiss Foreign and Security Policy initiative) has rapidly acquired an excellent
reputation for assisting governments in their difficult transition from authoritarian to
democratic rule. I am delighted that the DCAF accepted our invitation to look into
concrete forms of cooperation with Mongolia, and offered as a significant first step to
fund and instruct a 'self-assessment working group' on the status of defence and
security sector oversight and reform.
It is certainly appropriate to present this book at the 5th International Conference on New
and Reconstituted Democracies to the interested international and domestic community
as a token for Mongolia's commitment to full democratization, and as evidence for the
achievements of this process.
Geneva, August 2003
INTRODUCTION TO THE ENGLISH EDITION
Philipp H. Fluri Ph.D.
Mongolia’s departure from totalitarian rule was swift and determined once the Soviet
Union had disintegrated, and this former ‘sixteenth republic’ decided to head for
democratization and liberal market economy. Visitors are truly astonished about the level
of civil liberties in what they may have deemed an ‘unlikely place’ (cf. Thomas B.
Ginsburg, Democracy in Unlikely Places: Mongolia’s Quiet Transformation,
www.nira.go.jp) and the democratic matter-of-factness with which their Mongolian hosts
treat their state and society as their own and self-reliance as an unalienable right.
In the present volume contributors set out to address one of the most pressing problems
of new and reconstituted democracies: the democratic oversight and reform of the
security sector. For if the services intended to provide security for all citizens do not
cease to form a ‘state within the state’ providing security mainly for themselves, or a
political party or a small group of individuals seeing themselves as an ‘elite’, an
‘avantgarde’, an oligarchic meritocracy which rightfully enjoys privileges which the
regular citizen does not have at his disposal and never will have, democracy and liberal
market economy will remain an unattainable goal, a myth, a lie.
Seven Mongolian authors and author teams accepted the challenge to assess
themselves the achievements made in the process toward fully democratic civil-military
relations and defence reform in a democratic key and to document their findings in the
present volumes according to a questionnaire developed by the Geneva Centre for
Democratic Control of Armed Forces (DCAF) which has been made use of in different
emerging democracies contexts (see e.g. Trapans/Fluri [Eds.] Reform and Democratic
Oversight of the Security Sector in South East Europe. A Self-Assessment Study,
Geneva 2003, and Fluri/Shalamanov [Eds.] Does Security Sector Reform Work?,
Sofia/Geneva 2003).
This is to our knowledge the first serious self-assessment by Mongolian authors to
appear in the English and Mongolian languages on this sadly under-documented issue
in Mongolia since Mendee Jargalsaikhan’s insightful The Democratic Civilian Control of
the Mongolian Armed Forces: the State Ih Hural (Monterey CA: United States Navy
Naval Postgraduate School: 2000).
Self-Assessment on Civil-Military Relations and Defence Reform
The reader will thus find seven independent chapters addressing the following
questions:
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The historical tradition of Civil-Military Relations in Mongolia
Procedural aspects and trends in Armed Forces Reform
The constitutional and legal environment of civil-military relations in Mongolia
The role of the governmental offices in the oversight and reform of civil-military
relations
The Civil Security Environment
Foreign relations and peace-keeping activities
Civil Society and civil-military relations
Further Steps
The working group under the competent leadership of Professor Sh. Palamdorj, Director
of the Institute for Defense Studies of Mongolia has decided to invite contributions from
authors and author teams with a mainly military background. As the research program is
to be continued, it is to be expected that further documentation on the other securityproviding services and their interaction with civil society and the media will become
available.
The Institute for Defense Studies of Mongolia (Director: Sh.Palamdorj, Ph.D,
Colonel)
The Military History Analysis Unit, which laid the foundation of the Institute, was
established in 1959 at the Political Department of Mongolian People’s Army and in 1967
it was enlarged into the Military History Section. Later, in 1973, Military Research
Section was founded at the then General Staff of the People’s Army.
The two sections merged in 1979, thus creating today’s Defense Research Institute
(DRI). The DRI structurally consists of the Center for Defense Policy Studies, Center for
Military Art and Theory Studies, Center of Military History, Center for Civil-Military
Relations Studies, Center of Invention and Experimentation.
Of the total personnel of the DRI, 96.5 percent are fellow researchers, who are classified
into leading research fellow, senior research fellow and associate research fellow. Of the
entire researchers, 89.1 percent hold scholarly or educational degrees and 60 percent
have scholarly ranks.
The DRI:
• conducts research, assesses and provides feedback on theoretical and practical
foundations of the defense policies and activities;
• conducts research, assesses and gives feedback on the traditions of military art,
military reforms, armed forces build-up, military trainings and education of
Mongolia as well as of foreign countries;
• studies the historical developments of the government and defense forces of
Mongolia and thus provides works apt to strengthen the nation’s self-esteem and
willingness to defend its territory and political system;
• conducts studies on theoretical and practical issues in the area of civil-military
relations, military sociology and psychology, and legislations with regard to the
military and provides the state central organization for defense, military
leadership and public with the information.
• analyzes, evaluates and provides feedback on the defense procurement policy
and activities and on trends of weapons systems development, technical
innovations, and tests for up-grading, improvement and maintenance of weapons
systems.
The DRI:
• seeks to supply the scientific foundation for the state military policy and activities;
• researches theoretical and practical issues on the Armed Forces build –up;
• researches changes and trends in war and armed conflicts in the modern world;
• investigates traditions and reforms in military arts;
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documents trends of development in weapons technology;
researches changes in the focus of military training and education;
investigates the public image and perspectives of the Armed Forces personnel ;
documents and evaluates traditions and development in civil-military relations;
seeks to enhance the material bases of research, experimentations and
production and information supply system.
The Defense Research Institute has developed a program of cooperation with research
and scientific institutions in more than ten countries, including Russia, Switzerland,
China, the United States, Japan and South Korea
Since 1996, the Institute has been working in cooperation with the Military History
Academy of Russia, Geneva Centre for the Democratic Control of Armed Forces,
Central Research Institute of China and Civil-Military Relations Department at the Naval
Postgraduate School in Monterey, United States. Some members of DRI, including
research fellows, have undertaken foreign language training in the United States, Russia
and China.
The Geneva Centre for the Democratic Control of Armed Forces (DCAF)
The Geneva Centre for the Democratic Control of Armed forces (DCAF) was established
in 2000 as an international foundation under Swiss law on the joint initiative of the Swiss
Department of Defence, Civil Protection and Sports, and the Federal Department of
Foreign Affairs. 42 governments have hitherto joined the foundation (http://www.dcaf.ch).
The Centre encourages and supports states and non-state governed institutions in their
efforts to strengthen democratic and civilian control of armed and security forces, and
promotes international cooperation in this field, initially targeting the Euro-Atlantic
regions.
To implement these objectives, the Centre:
•
•
•
collects information, undertakes research and engages in networking activities in
order to identify problems, to establish lessons learned and to propose the best
practices in the field of democratic control of armed forces and civil-military
relations;
provides its expertise and support to all interested parties, in particular
governments, parliaments, military authorities, international organisations, nongovernmental organisations, academic circles.
The present study furthers DCAF’s work in the area of promoting understanding
of Security Sector Governance and Reform and beginning the process of
substantively mapping, consolidating, and facilitating progress in Mongolia.
DCAF is currently engaged in number of different projects in the FSU, principally in
Russia, the Ukraine, Georgia, and in the CIS via the CIS Parliamentary Assembly.
The Civil Society Building Project (CSBP) in Russia
In order to examine the broader issues of civil society in Russia in a systematic and
comparative fashion, DCAF have joined in the establishment of the Civil Society Building
Project (CSBP), a joint endeavour of the Moscow based Centre for Democratic
Centrism, under the umbrella of the Civil Society Working Group. The objective of the
project is to study the social and cultural foundations necessary for a civil society in
Russia. This aim has three components: to introduce Western experts to the idea of
building civil society in Russia; to introduce Russian experts to Western concepts of civil
society; and to make publicly accessible the results of the CSBP meetings. The CSBP
will meet in Moscow throughout 2003. The project consists of ten seminars, five of which
DCAF will participate in. The materials of the seminars will then be published in five
books (in Russian). The books will be publicized through a national conference in 2004
and distributed to public libraries and higher learning institutions throughout Russia. The
division of labour in the seminar series allows a specifically Russian exposition of the
current status and future character of civil society in Russia that is reinforced by
international input. CPC will invite Russian experts to meet and discuss their notions of
civil society. The participants will share their ideas in oral and written form and prepare
them for publication. DCAF will invite five international experts on civil society to provide
extensive commentary on what course civil society development ought to take in Russia
and how the process can be furthered. DCAF will make their contributions available in
text form.
Conference on Model Laws on Civil Control and Peacekeeping
DCAF will co-sponsor a conference discussing model laws on democratic control of the
security sector and peacekeeping in St. Petersburg in October 2003.
DCAF-IPU Parliamentary Handbook
DCAF is about to produce a Mongolian, Russian, Ukrainian and Georgian version of the
Parliamentary Handbook on Oversight of the Security Sector (in cooperation with the
Inter-Parliamentary Union and local partners)..
The DCAF Legal-Political Assistance Group (LPAG)
The DCAF Legal-Political Assistance Group1 was set up in 2002 to meet growing
demands by parliaments for assistance in their law-making activities. The LPAG is a
non-permanent body of internationally renowned experts on legal and law-making
matters operating under the direction of the DCAF Deputy Director and Head of
International Projects jointly.
Mandates for cooperation with the LPAG exist to date from the
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Russian State Duma Defence Committee
Ukrainian Verkhovna Rada Foreign Relations Committee
The Parliament of Georgia
A looser form of cooperation exists with the CIS Parliamentary Assembly in St.
Petersburg.
DCAF Civil Society Activities
Transition to democracy will not be complete without a vibrant Civil Society. As a Think
Tank activity, DCAF researches and documents good practices of Civil Society
1
http://www.dcaf.ch/partners/LPAG.html
involvement in governance in Western and emerging democracies, and seeks to create
tools and means for communicating such insights to non-governmental organisations,
academic institutes and the media in partner countries. DCAF takes special care to
develop 'strategic partnerships' with non-governmental organisations that have strong
potential to promote good governance. DCAF’s Civil Society Working Group conducts
research on the impact of Civil Society actors, including the media, that seek to promote
transparency, accountability, and public discussion of public policy in mature
democracies and transition states.
The Working Group structures its projects around core themes of promoting the
development of Civil Society, empowering it to make its voice heard and influence
governmental decision-making, and enabling Civil Society to help inform and educate
the public about vital policy issues. The media forms a fundamental inter-connective
tissue between Civil Society and government, communicating information, intentions,
concerns, priorities and reactions to policies. More than just observing and reporting
facts, journalists have the opportunity to contribute to developing critical debate and
dialogue in their societies and shaping public and political agendas. The Budapest
workshop brought together journalists and media experts from Central and Eastern
Europe to discuss the role of the media in transitional states as the ‘watchdog of
democracy’ and as a critical element for transparency and accountability of the public
sector (see Mustafa Eric, Transition Media: Dimming Hopes, DCAF Conference Paper
presented at the conference The Role of Media in Public Scrutiny and Democratic
Oversight of the Security Sector, Budapest February 6-9, 2003)
Acknowledgements:
The editors would like to thank Mr. Eden Cole and Ms. Heather Carlin Fabrikant for
editing the English text of this volume.
The Ministry of Foreign Affairs of Switzerland has made the publication of this book
possible by generously supporting it.
Ulan Baatar & Geneva
The Editors
CHAPTER ONE
HISTORICAL TRADITION OF MONGOLIAN CIVIL-MILITARY
RELATIONS
Kh. Shagdar Ph.D.
Leading Research Worker of the Institute for Defence Studies
Strong civil-military relations form a significant basis for winning wars and are therefore
an eternal topic of the philosophy of war.
Early kings and military leaders in Mongolia considered that a war would be lost if there
was a crisis between social groups, a difference of opinions among the military, or a lack
of common goals between the armed forces and the people. Therefore, they gave
special attention to civil-military relations. Chinggis Khan commanded, ‘Soldiers! Cruel
and humiliating treatment of people is strictly prohibited. Mercy and forgiveness are
central in times of peace’.1
Continuing this, Khubilai Khan, a grandson of Chinggis Khan the king of the Mongolian
Yuan Dynasty (1260-1368), paid special attention to civil-military relations. He strongly
commanded, ‘If military leaders had scorned a man and taken his crops and household
things, the items must be returned back to their owners!’
This points to the fact that civil-military relations are a) historically a very longstanding
issue which arose with the origin of Mongolian armies, and b) a very significant and
continual preoccupation with the philosophy of war.
Civil-military relations in every country develop in their own way and are related to
particular social and cultural features of the nation. Looking back at Mongolian civilmilitary relations, the specific features are namely a large territory, a small population,
and a nomadic civilization. Some examples follow.
1. Military Duty
From the time of the ancient Xiongnu State of the Mongols, III Century B.C., it was the
duty of every man who came of age to serve as a soldier. There was an unwritten law
and tradition that ‘a boy must guard his country’. A boy’s parents considered military
service as a duty, so they prepared him from childhood to be a soldier. Plano Carpini,
the first European to experience the lifestyle of 13th century Mongolia, noted: ‘As soon
as a child becomes two or three years old, parents teach him to ride a horse and to
shoot with child-size bows and arrows’2 All people between 17 and 60 were registered in
the army. Riding and archery were essential skills for Mongolians due to their nomadic
lifestyle and movement in small groups. Therefore, teaching of these became a
customary part of life, and required no coercion. Not only that, women also had to
perform a soldier’s duty. Plan Carpini stated, ‘young women were not any worse than
1
B. Nanzad (Kh. Shagdar), Doctrine and Testament of Chinggis, (Ulaanbaatar, 1991), p. 40.
Giovani di Plan Carpini, The Story of the Mongols Whom We Call the Tartars, (Branden Publishing
Company: 1996), p. 216.
2
men riding horses. Also they shoot bows and arrows like men’. A Chinese written
sources from the Middle Ages states that all Mongolian soldiers ‘…during war time,
regardless of rank, had to take their wives and children along with them. Women were
responsible for clothes, bedding and other goods, for setting up the ‘ger’ (the Mongolian
nomadic tent) and loading goods’. In Chinggis Khan’s time, the role of women was
legislated. That was explicitly pointed out in ‘Ikh Zasag’ law (which served in Chinggis
Khan’s time), ‘if a man, accompanied by his wife, goes to battle, then his wife should go
with him to do his civilian work and fulfil his civilian duty’.3
Therefore, we see that there was no difference between civilian and military populations
in ancient Mongolia. Every Mongolian who mounted a horse with an uurga (rope for
catching horses) was a herdsman. As soon as he was armed with a spear he became a
soldier.
2. Hunting & Sport
All people had a duty to be a soldier in ancient Mongolia, so army education was a
system involving the entire population.
Bows, arrows, spears, and swords were not only combat tools of ancient Mongols, they
also were tools for everyday life used for hunting, making clothing and preparing foods.
When a child grew up, the father took him hunting and taught him to shoot running
animals while he was riding. No matter whether male, female, young, or old, they all
used archery and aimed for accuracy. It was a necessity of life, with regular exercise and
utility, practised without any undue pressure. Under those conditions, the state function
was only to provide each person with necessary arms.
Hunting was a specific activity originating from the daily life of Mongolians. A
combination of army manoeuvres were developed based on operational and tactical
proceedings, civil-military food preparation, and public entertainment. Chinggis Khan
highly evaluated the importance of hunting and he instructed:
Hunting is a duty that shall be performed by military leaders and gentlemen alike.
Because hunting educates by learning more, the participation in hunting must be
one of the responsibilities of a military man. A hunter learns how to use
armaments, how to follow and catch wild animals, and how to line up rows as
well as to calculate how many people are needed.
Horse racing, archery and wrestling, which are called the ‘Three Manly Sports’ by
Mongolians, build a form of general military readiness. We can wonder at the wisdom of
Mongolian ancestors who made military readiness by combining professions, games and
entertainment into a national holiday, Naadam, the pride and joy of all Mongolians. In
order to test this voluntary training, competitions of archers were frequently organised by
the government. During such a competition in 1225, the archer Esunge shot an arrow
over 500 metres, which was recorded in the historical documents. A Chinese
ambassador Jao Hun, who came to Mongolia in 1221, stated that military leaders of
Chinggis Khan ‘trained their soldiers as their own brothers’. Every year Chinggis Khan
received reports from military lords and checked on the process of military training.
3
Three Documents of Ancient Military Skills, (Khukh Khot, 1986), p. 41.
Thus, in harmony with the features of daily nomadic lifestyle, ancient Mongolians easily
solved problems concerning civil-military education.
3. Military Organisation
The organisational structure of army administration of ancient Mongolia was that of the
oriental tradition, called khuree and aravt.
Khuree was the cohesion of one family tribe, and a military-structured administrative
unit, consisting of approximately 1000 people. The aravt administrative system consisted
of lords (leader) of aravt (the smallest unit of ten), zuut (unit of hundred or ten aravts
respectively), myangat (unit of thousand soldiers or ten ‘zuuts’ respectively) and tumt
(unit of 10000 or ten myangat respectively). Lords of each unit possessed authority to
decide on issues concerning armament, means of transportation, food and clothing of
their own unit. This role was legislated in ‘Ikh Zasag’ law of Chinggis Khan as follows;
During wartime, whether young and old or lord and servant, they all shall perform
a military duty and must go to war. Armament, horse, means of transportation of
each man must be assigned to the aravt and zuut. When troops assemble,
everyone shall take their army tools with them. If there was a loss or damage of
tools, the person who is in charge must be harshly punished 4.
Thus, every man was responsible for performing a dual duty; as a military serviceman
during wartime and that of civilian herdsman during peacetime.
Civilian and military were as unified as the back and palm of a hand. In this way: military
duty, military training and all kinds of military supplies were integrated and concerned
everyone. Considering these particular facts, one can conclude that there was a special
infrastructure of civil-military relations in ancient Mongolia. Modernisation of civil-military
relations is in some respects similar to that of ancient Mongolia. Therefore, the road to
modernization involves finding a similar democratic system where every military service
person has to serve as both a civilian and a soldier the same time.
In Mongolia, the issue of civil-military relations was of special importance in two periods;
firstly, the times when a regular army was established, and secondly, the times an army
was organised to go a war.
The Mongolian Army: The Thirteenth Century Onwards
The Mongolian army was first established in the beginning of the 13th century, when
Chinggis Khan seized power. The Mongolian Armed forces was formed second time at
the beginning of 20th century, in the period of 1911-1921 when Mongolia separated from
the Manchu Dynasty. At that time a regular Mongolian Army was established under
General Sukhbaatar and General Choibalsan.
First, in 1206, Chinggis Khan established the Great Mongolian Empire. He reformed the
traditional administrative system of aravt, which was common in ancient Far East and
4
Ibid.
Mongolia by completely abandoning the khuree organisation (which was structured on
the family administration basis of Mongolian tribes) and reorganised army and civil
population structure. Namely, the khishigten army, consisting of 10000 people, was
founded. The Khishigten was made up on force and voluntarily. Their means of
transport, food and clothing were base on taxes from external myangans (a unit of one
thousand). They had more power than other myangans and were assigned to the
armament types they were specialized in, and had to have served according to strong
military rules and king’s decrees. Also, they had to always be placed by the king, and be
ready for battle at any time. The Khishigtens performed the duty of guarding the king and
his palace.
Therefore, the khishigten was for all intents and purposes an army, manifesting the core
features of a regular army in that time. We can clearly see, by studying historical
sources, that Chinggis Khan had to meet new challenges when he established a ‘regular
army’ of the khishigten and was required from then on to pay serious attention to civilmilitary relations.
In this context, Chinggis Khan first took measures to raise the reputation of the regular
army. He passed a law on issues of the khishigten where he stated ‘…my ‘khishigten
army’ is more valuable than lords of ‘external myangans’ and/or civil-military leaders. If a
lord of external myangan quarrels with my khishigten, that lord must be punished’5.
When mobilizing for war, an ‘external myangan’, consisting of civilians, was to assemble
by having organised in aravt, zuut, and myangat and be in military readiness in
compliance with their military duty. As soon as a regular army was established, it was
first necessary to create a powerful state on the basis of strong legislation in order to
regulate civil-military relations.
Chinggis Khan reorganised the administration of the Great Mongolian Empire through
the aravt military-administration system. He prohibited the transfer of soldiers from one
unit to another. The leaders of aravt, zuut and myangat were not allowed to recruit
soldiers from another unit. Leaders were fully responsible for providing their own military
unit with all kinds of supplements and for military readiness. A leader of lower unit was
unquestionably subordinated to a leader in a higher unit. With this, a compact and
holistic military administrative system came into being. In this way, Chinggis Khan
integrated military duty, military training and all kinds of complementary activities into
civilian life as well. In addition to that, he tied civil-military responsibility along through a
vertical bottom-to-top and top-to-bottom relation.
This reform of Chinggis Khan wholly transformed the Great Mongolian Empire into a war
camp. This reform became one of the important sources of his success in war abroad. In
that time, such an integral structure of civil-military relations was the best method for
ensuring national security.
In the 20th century, the fact that Hitler transferred Germany into a war camp was
different than Chinggis Khan’s method and objectives. The system of Chinggis Khan
was more flexible and sustainable, being a ‘crop’ which was grown from Mongolian soil
in that period.
5
The Secret Story of Mongolia, (Ulaanbaatar, 1990), p. 199.
The territory of the ancient Xiongnu State of Mongolia was divided into three regions:
west, east, and centre. Later, Chinggis Khan divided his territory into four regions: west,
centre, east, and forest. These regions were managed by the four best military leaders.
It is important to note that Chinggis Kahn’s reform was not only a change of adding extra
region, the reform was also important because it strongly prohibited the movement of
civilian people and personnel over the region’s border and kept within a particular a
region. In today’s vocabulary, we might equate it with that which is understood by ‘local
administration’.
Today’s regional development policy pursued by the Mongolian Government is
comparable to the basics of Chinggis Khan’s regionalisation strategy. Moreover, the
terminology ‘A Local Defence Structure’, which is included in the State Military Policy,
roughly the same territory as the aforementioned four regions.
The regionalization of the military has special importance that in that the Army will have
lower expenses and troubles for many kinds of work, such as military recruitment and
demobilisation, organizing of military delivery such as food and clothing, and the transfer
of soldiers in necessary directions. Troops fulfilling military duty, if necessary, will
become easily accustomed to the climate of the region, and get detailed knowledge of
strategic importance.
If troops in a region can maintain friendly relations with local people with respect to
political, social, and economic domains, through living and working side by side, this will
help the development of the civil-military relations move in the right direction. .
As a conclusion, we can state that Chinggis Khan solved the problem of civil-military
relations that appeared primarily in the 13th century of Mongolia in the following ways:
1)
2)
3)
Regulation by state law and legislation
Integral system of military organisation and administration
Establishment of regional military administration
We can conclude that these were the most suitable methods in the conditions of ancient
Mongolia.
The Mongolian Army: The Twentieth Century 1911-1921
During the period 1911-1921, civil-military relations gained an unprecedented
importance in Mongolian life. One can point to the decision of the Ministry of military
affairs, in Tusheet Khan and Setsen Khan aimag in 1912 (an administrative unit at that
time), to recruit 1500 soldiers were in each aimag, as decisive. These soldiers were then
assigned into three regiments in each aimag. For education of military officers, a school
of subordinate officers was founded in Hujirbulan. With this in mind, troops in the period
of 1911-1921 can be considered as a regular army. Until this time, during the Manchu
State, there was not any regular army. Mongolians were considered as military service
personnel. Upon mobilisation, they had to come by their own means of transport,
equipped with their own arms and were then assigned to special divisions based on
territorial distinctions. These divisions were then governed by commanders of aravt,
zuut, myangat a hierarchy of ordered much like bag (smallest administrative unit), soum
(administrative unit with middle authority) and aimag (the largest administrative unit with
most authority).
As soon as the regular army was established, Bogd Khan faced the problem of
regulating the civil-military relations. In this situation, Bogd Khan took action in the
following ways.
Much as Chinggis Khan did, state law and legislation was used to regulate all military
affairs. This was expressed in law of that time as such: ‘the Mongolian legal document,
enacted by decree of Bogd Khan’ in the following words: ‘everyone, despite rank or
position, shall fulfil military duty’.
If any banner prince, prince, the third rank prince, the fourth rank prince, duke,
count, nobleman does not attend the army, he shall be demoted and sent to the
army. If they are late to the appointment, punish them by excluding wage of the
number of days they were to late’. It was also pointed out that ‘if military arms,
wages and cereal which any military official shall deliver were delayed to the
appointed date, whip him despite of his ranking one hundred times! Also those
people shall be punished who are willing to hinder it.
Bogd Khan also took the effort to use the method of Chinggis Khan requiring that every
man who came of age had the duty to serve as a soldier, and by integrating this into
military-administrative structure.
Bogd Khan divided the territory into 199 khoshuu (a subdivision of aimag). The khoshuu
was an integral military-administrative unit wherein the governor of khoshuu was
responsible for military affairs.
The governor of khoshuu was responsible for providing a list of soldiers from khoshuu to
the army and preparing military tents, providing clothing (national dress), cushions,
arms, armaments, horses and means of transport which shall be used by the troops of
khoshuu. This was specified in the above-mentioned law.
The soum was a subordinate administrative unit to khoshuu, and in each soum 150
soldiers were to be recruited. Ten gers (ten families) was the smallest administrative unit
with the duty to send three men to the army.
Each khoshuu mobilized a certain number of soldiers for military field training every year.
Looking at the facts presented, Bogd Khan regulated the civil-military relations in the
following ways:
1)
2)
3)
by state law regulation and legislation,
though the civil administration and military organisation system was not
integrated to the same extent as in the time of Chinggis Khan, and the
condition for that system was no longer the same, Bogd Khan created a
comparable system of integral civil-military administration,
creation of a local military system.
Although 700 years passed between the time of Chinggis Khan and the time of Bogd
Khan, the method of regulating civil-military relations remained the same. In conclusion
we can state:
•
•
the method of forming civil-military relations in Mongolian has a long history and
has been proven to be stable over the course of time;
Both Khans took account of the special features of the social lifestyle of Mongolia
while solving the problem of civil-military relations.
As in the aforementioned second situation, civil-military relations became increasingly
significant when Mongolians went to war. History documents prove that during wartime
the military was especially careful with their relations with the civil population despite
their belonging to this group as well. In 1217, Chinggis Khan ordered his military leader
Muhulai to be as merciful to Zurchid (nomadic tribe in the time of Chinggis Khan) and to
Chinese people as they were to a king when Chinggis Khan appointed him commanderin-chief of the troops on the front of Golden State. Muhulai did as the khan ordered him
and in the end many people were attracted by his mercy,. In 1220, when Chinggis Khan
sent Zev, Subedei and Toguchar to chase the escaped lord of Sartuul, he advised them
to attack civilians and their properties. But when Chinggis Khan heard a rumour that the
military leader Toguchar allowed the crops of the Khorosun people to be destroyed, he
punished Toguchar severely by demoting him.
Half a century later, after Chinggis Khan’s death, Khubilai Khan ordered the following:
‘Although it is wartime, always be merciful and support people with much charity.’ But in
the beginning of 20th century, in the law of Bogd Khan’s time, it was exhorted: ‘When the
army is passing through, do not destroy the cereals of people! Do not rob civilian’s
property! Do not touch civilian’s homes! Do not humiliate women!’ 6 At first, this
command may seem to be copied from Chinggis Khan. In fact, its resonance proves the
fact that the war philosophy continued to focus mainly on civil-military relations and
despite the fact that one spoke over 700 years after the other, war philosophy remained
preoccupied with civil-military relations..
The Mongolian Army: The Twentieth Century 1921-1990
Mongolia has had a regular army since 1921; and since this date the issue of civilmilitary relations demanded a completely new framework.
In the period from 1921-1990, civil-military relations of Mongolia were characterized by
the following key points:
1. Administration by One-Party System
Civil-military relations were regulated by strict administration of one-party system.
Additionally, new subjects like state and public organisations, which influenced this
relation, appeared. The eldest of these was the Auxiliary Society for the State Defence
founded in 1929. This organisation was designed to train people in military affairs and to
strengthen civil-military relations. By 1940, this organisation had enrolled 12094
members in its 413 primary offices, and 16622 young people in total had been enrolled
for temporary local training in the period 1940-1944. Compared to the relatively small
population, this was a huge number for Mongolia.
6
S. Gangaanyam, The Struggle of the Mongols for Independence (1911-1921), (Ulaanbaatar, 1993), p. 135.
In 1942, this society was expanded and renamed as ‘People’s Voluntary Cavalry
Division for Self-Defence’ 7 The role of this society was to replenish the armed forces by
training people to protect themselves against enemy air-attack and from chemical
poisoning. Therefore, divisions taught their members tactics of hand-to-hand battle and
barricading, and were also involved in special programmes focused on learning military
techniques and tools, physical training, rowing, using grenades, and shooting. In fact, it
evolved into a local training organisation. In later years, it became a significant method
for involving people in military education and became a well known organisation which
had over 80 thousand members, more than 20% of the total population.
In 1955, the Auxiliary Society for the State Defence directed its activities towards
improving military and technical knowledge of young people at military age, while at the
same time car racing, shooting, parachuting, radio and horse sport clubs were founded
under the patronage of this society. Between 1970 and 1990, 20000 auto drivers, 30000
motorcyclists, 10000 tractor drivers, 500 telecommunications workers and over 1500
parachutists were educated and trained.
Sportsmen in technical disciplines of this society participated in international and crosscontinental competitions more than 80 times, and they helped to improve the reputation
of the country worldwide. This fact showed that the society was involved in civil-military
relations, not only by running its activities within the country, but also abroad.
The famous military leader of Mongolia, D. Sukhbaatar, also continued the ideology of
strengthening civil-military relations. Towards this end he initiated a field exercise on a
mutual basis in 1922 which became a tradition, formally named ‘a school of manoeuvres’
by 1930.
During the time of the Marshal G. Demid, this exercise was opened to the public and
then closed by a horse racing competition (race and ambler competition) among civil
people and military personnel.
Today Mongolia’s national holiday is celebrated on June 11-12 every year, firstly it was
named the ‘Military Festival’ between 1922-1932. Since 1932, it has been renamed the
‘Civil-Military Festival’. The main purpose of this festival was to strengthen civil-military
relations 8
G. Demid, the commander-in-chief of all armed forces from 1930 to 1937, was a person
who paid strong attention to civil-military relations. G. Demid stated that ‘… the issue to
educate and train all people of the country, is one factor that reinforces defence work’ 9 .
So believed that in order to reach this objective, we must explain the importance of
military education to the people, to establish military education groups at administrative
centres and state organisations and State Defence League, and to add subjects on
basics of military education into the curriculum.
The organisation which performed an outstanding feat by educating teenagers and
young people on patriotic beliefs was the Mongolian Revolutionary Youth Union, which
7
The 50th Anniversary of the Mongolian People’s Army, (Ulaanbaatar, 1971), p. 176.
th
S. Ganbold, Social Development - Armed Force – The 20 Century’s Mongolian Troops, (Ulaanbaatar,
2001), p. 291.
9
G. Demid, Reports, Short Stories and Statements (1930-1937), (Ulaanbaatar, 1991), p. 52.
8
enrolled the all of Mongolia’s youth. The fact that many members of this organisation
were given the state hero award proves its great contribution in ensuring the continued
independence and freedom of the country; Ch. Shagdarsuren, Sh. Gongor, L. Dandar,
P. Chogdon, L. Ayush, Ts. Olzvoi, G. Givaan, D. Samdan, T. Bor and D.
Danzanvaanchig were members of this organisation.
In 1960, the Defence and Labour Association was established at the Ministry of Affairs of
People’s Army. This association organised military and technical education courses in
order to teach people how to protect themselves and valuable state objects against
weapons of mass destruction as well as general tenets of state and civil defence.. In
1964, the civil defence service was established as part of this organisation. This
organisation was authorised to engage military personnel in minimising the
consequences of natural disasters, and in training all people and all units of the
economy to protect themselves against weapons of mass destruction. This was the
foundation of Civil Defence Decorate (CDD) of today’s time.
Between 1972-1977 the CDD was called on to abolish locusts in 183 thousands
hectares of land, and rodents in 8,278,000 hectares of land in six aimags. Later in the
period from1976-1980, 500-600,000 people were enrolled for civil defence training . This
was equal to one third of total population of Mongolia.
The Ministry of Defence, the Ministry of Public Education, the Auxiliary Society for the
State Defence, the Mongolian Revolutionary Youth Union have jointly organised
interesting activities such as establishing the society of ‘Young Successors of People’s
Army’. These institutions have also organised military-sports games, called ‘Dul’, and,
since 1975, the standing of the guard to honour glorious monuments among pupils of
secondary schools.
In cooperation with military schools and people’s army units, a so-called ‘Young
Successors of People’s Army’ group was founded at every school, consisting of 25-33
pupils from 5-8 classes. This group directed its activities towards teaching the diligent
and determined student, mediating the ideology of military readiness for protecting the
homeland at any time, and promoting the primary military as well as political, ethic, and
physical education.
The aim of the military-sport game ‘Dul’ is to educate pupils to develop a patriotic
attitude, collectiveness, patience, and cleverness, as well as to improve their technical
knowledge and physical capability, and to transmit basic military knowledge to make
them able to fulfil requirements of ‘Readiness for Labour and Defence’.
Among high-school children ages of 12-18, in order to improve their fitness and active
participation attitude, competitions of meeting the three-stepped requirements of
‘Readiness for Labour and Defence’ were organised. Every pupil had to meet
requirements, in order to be the winner of the 1st, 2nd, and 3rd grade award of
‘Readiness for Labour and Defence’. The requirements were to compete in races,
crossing, long and high jumping, weight lifting, skiing, skating-ring, rope climbing and
stretch hanging, and the third grade requirements included shooting (with separate
competitions for men and women).
Above-mentioned activities organised among schoolchildren, were an efficient and
interesting way of fusing civil-military relations in respect of our young population.
2. Character of Military Service
Military service was characterised by civil and military features, in other words the
military service tended to include more and more civil issues by contributing to the
country’s process of development.
After the Second World War, the army was reduced to a large extent. Many officials
were demobilized and sent to administration of soum (the smallest administrative unit of
socialist Mongolia) as well as herders and agricultural cooperatives. Great importance
was attached to the demobilisation by the government, giving grants and pensions and
delivering transport services and covering the travel costs to recruits who were sent to
work at certain destination. This was an important policy to enhance the reputation of the
army among civil people. Many army members were appointed as governors in different
sectors of economy and did great work which also contributed to improving the prestige
of the army. Many military service personnel were dismissed such as drivers, veterinary
surgeons, and telecommunication workers.
Since 1955, subjects like animal husbandry and the basics of agricultural technologies
began to be taught in the army. Towards the end of military service soldiers were placed
work in these fields. Since 1956, the army was authorised to provide professional
education for administrative workers of agriculture and construction, projectionists,
tractor-drivers, combine-operators, drivers, the professional electric shearing of sheep,
and field brigadier; thousands of other professionals graduated and were sent to the
countryside.
Army divisions organised temporary courses, and many experts who were needed in the
agricultural sector graduated from the army. Military divisions went to the farm and
helped to mow grass, stack hay and gather corps and vegetables. Military personnel
were always leading workers in various tasks. Moreover, they helped agriculture by
doing whatever they could possibly do, such as building new paling, digging wells, or
pulling weeds in crop fields.
The establishment of a construction corps in 1950s and its development in the following
years opens a new chapter of civil-military relations in Mongolia. Between 1947-1960,
the construction corps prepared 3000 various kinds of professionals in construction
sector such as plasterers, bricklayers, carpenters, electricians, painters and turners. In
the period 1961-1969, 9000 professionals were sent to different sectors of the economy
having specialized by the army as driver, combine-operator, tractor-driver and all kind of
constructional workers.
Another advance made by the army since 1956 is the transformation of the Mongolian
Air Force in to the National Air Transport Organisation. From then on, the army provided
the civilian population with air transport service10 and great work was done by these air
transporters for the construction of their homeland. In the 60 years after being
established, from 1936-1996, the construction corps built approximately 5000 large and
small buildings and accordingly kept up their maintenance.
10
The History of the Mongolian Army, Volume 2, (Ulaanbaatar, 1996), p. 407.
In the period from1947-1960, 317 teachers, 52 projectionists, 436 assistant clinicians,
187 assistant veterinary surgeon, 1394 telecommunication specialists, 2423 technical
experts, 392 lower assistant agricultural engineers were all dismissed from the army and
sent to different sectors of the economy.
This two-sided responsibility of the army contributed to an enormous extent to the
development both of the army and the country.
3. Public Education
Offering public education according to the law of public military service was a decisive
step.
An indelible merit of Mongolian People’s Army was the contribution to public education
development. In 1925, 2175 military servicemen were literate, and 3000 servicemen in
1930, and were sent all over the country. In the 1930s, every year 3000-4000
servicemen were discharged of whom 80-90% were literate. It was common that these
people became teachers upon returning to their hometowns.
Not only military personnel became literate; but also their family members were taught
general education subjects. In the 1950s, the army set the objective that army officers
should receive secondary middle school education and this goal was ultimately reached
successfully.
In the period 1911-1994, an integrated system of military education for young people,
especially for those in secondary schools and universities was developed. In 1980s, this
was called ‘external military training’.
a) Between 1911-1942, the citizen’s involvement in local military training was
implemented through local military training and Defence League’s training.
In 1921, the people’s Regime inherited a permanent and local military system, which
was established in Mongolia by Bogd Khan. Aiming to ‘foremost train people in military
subjects and train for capability of wiping out the enemy’s forces joining with the qualified
(permanent – Kh. Sh.) military forces’11 , military leader D. Sukhbaatar led young people
aged 18 and 30. Between 1921 and 1922 they were gathered from aimags and khoshuu
for short term summertime military training to get military primary knowledge in areas
such as infantry exercise, studies of sword and rifle parts and shooting,.
In 1925 he also trained people by establishing military units in local areas. Temporary
training under military units was the best method to cut down the expenses of permanent
soldiers, shorten terms of military service and separate many young people to get away
from their jobs by distance. Temporary military training was organised through local
military units in terms of 45-120 days among young people aged between 21 and 35. A
rule was established that such young people who were involved in above mentioned
temporary training in five years sequences should be counted as having served military
duty. Between 1940 and 1944 a total of 16622 citizens were involved in such training In
1930s the issue of full military training of all citizens was a challenging task when the
danger of Japanese imperialists threatened Mongolia. Therefore, the public organisation
11
Kh. Shagdar, Military Training - Mongolian 20th Century Troops, (Ulaanbaatar, 2001), p. 255.
called Auxiliary Society for the State Defence, which was responsible for training people
to military primary preparation, was founded. During the Khalkh Gol War, this society
initiated regiments and divisions joined by the young people of Ulaanbaatar and trained
them in military subjects.
In 1940, this society enrolled 12094 members from its 413 primary step bureaus. In the
1940s, this service had 12094 members of 413 primary unit offices.
b) Between 1942-1957, civilians were involved in the training of voluntary cavalry
divisions. This experiment was initiated to test expanding the secondary school program
with military education units.
In 1942, the authority of the auxiliary society for the state defence was handed over to
the voluntary cavalry division. This division existed between 1942-1957 and established
its staff in aimag, soum and economic entities. It was responsible for training people to
protect from chemical poisoning and against enemy air attacks. In 1944, this division
included 20% of the total population or 80 thousands people and involved them in
military education.
In 1940s, a large number of primary, secondary, technical schools were established.
This caused problems regarding how to educate youth about military affairs. Therefore,
the People’s Council of Ministers made a resolution entitled ‘To prepare pupils of middle
schools and technical schools for military activities’ in September 1944. According to this
resolution, rules on the primary and pre-recruitment military training for pupils of 5-10
classes of middle schools and technical schools came into force. These rules ordered
that military training program shall have two to three periods per week in 5. – 7. classes,
and three to four periods per week 8. – 10. classes of secondary schools, in technical
schools, and at universities.
c) The period 1957- 1980 was the time of expansion and development of the external
military training system. In the period 1957-1980, the external military training system
consisted of the following forms of training:
•
•
•
•
training of the Auxiliary Society for the State Defence,
classroom military training at universities, and
training of civil defence departments (centres) of universities
All this completed the whole system12
The classroom military training of universities of the aforementioned period started at all
education stages in the school year 1961-1962.
At the Mongolian State University, a military department was established. This
department offered 320-348 hours of military training to students of six years study
programs. Before graduation, a one-month term assembly was organised and
successors were awarded with military ranks. Primary military training was offered in
three year courses consisting of 116 hours, to male students of universities, technical
schools and schoolboys of 8 – 10 in secondary schools. But this training was cancelled
by the school year of 1963-1964.
12
Ibid, p. 281.
From the school year of 1965-1966, the civil defence course program was developed
and put into practice. With this, military training program that has been offered to
students of universities and technical schools was renewed. Military professorship at the
State University was replaced through the department of military defence. Also, a civil
defence course program was included in the curriculum of the 7th class of secondary
schools.
In 1980, students’ and pupils’ civil defence training involved 56.3 thousand students and
pupils of 426 secondary education schools, 35 technical schools, 24 special technical
schools and five universities.
In the period 1980-1994, military training was reintroduced at schools of all stages, and
thousands of pupils and students were enrolled. From primary military education up to
high military education programs were offered. Military service personnel of varied
qualifications were prepared.
From the school year of 1980-1981 on, military departments were established at all
universities. An external military training department was established with the ministry of
defence, and 500 hours of military training was included in university study programs, in
total 140 hours of military training was a part of the curriculum of special, technical
schools and high schools13
In 1985, a primary military reserve training course consisting of 140 hours was offered in
two to three years’ terms. In the upper classes of secondary schools a two hour weekly
training, and in special, technical schools, two to four hours training per week plus a
mandatory 18 hour assembly for boys.
In the school year of 1984-1985, the military reserve training for students at universities
was offered in eleven different military fields. In total, over 10.000 students were involved
and 1220 students participated in the assembly. Of that number, 1104 of them met the
requirements of reserved non-commissioned officer.14
By 1985, 70.000 schoolchildren from 300 secondary educational schools and 37
technical schools participated in primary military reserve training.
Between 1970-1980, many courses and seminars were organised to educate
administrative officers of aimags, industries and farms about military affairs. But from the
1990s, Mongolian society and state structure was changed so that all military training
programs except the public civil defence training were cancelled.
External training abroad was essential for developing civil-military relations by offering
young people, or our next generation, military education.
13
The History of the Mongolian Army, Volume 2, (Ulaanbaatar, 1996),p 488.
14
Kh. Shagdar. The Battle History of Chinggis, (Ulaanbaatar, 1993), p. 267.
4. Experience of War
Experiences of two wars showed the importance of joint co-operation of civilians and
militaries.
During the Khalkh Gol war in 1939, The Government of Mongolia pursued resolutely the
ideology that the essential factor in assuring the army’s success was to provide the army
and front with all material necessities.
During war, relations between the civilians and troops dominated the civil-military
dynamic. In order to provide the front with necessary requirements, a 750 km long
terrain had to be covered by railway. The front was very far from the industrial area, the
main economic district and the population area. Although it caused a lot of hindrance, it
succeeded through a joint struggle of the government and people.
In all sectors of the national economy, there was the movement to fulfil and even
overcompensate on the planned goals of the state. At the same time industries and
farms developed new forms of cooperation with the military.
During the war years , many letters with the content ‘We will help you as much we can’
were carried to the front. The response to these letters coming from the front was: ‘we
will not abandon your trust, we will smash enemies without fail’.
All this was a clear expression of the ceaselessly patriotic Mongolian nation. A firm
cohesion between army and the people took root. The people always supported the
army. In the context of civil-military relations, this fact was proven that success would
come in time of war if civilians and military were united in one common goal. For this
reason, cohesion is of historical importance. The strong friendly relationship between
civilians and military established during the Khalkh Gol War in 1939 and has preserved
until the Liberation War in 1945. The Mongolian people were ready to provide the army
with all necessary requirements.
During the years of World War II, Mongolian people helped not only their own army, but
also the Soviet Red Army.
The total amount of all items that Mongolian people collected for the troops of Soviet
Red Army between 1941-194, had the value of 65 million MNT at the cost of that time
and, in addition, 32538 excellent horses were given to the army as gift15
If we compare this to the population of Mongolia at that time, it was very large
contribution.
5. Relation of Army and People
The relation of the army towards the people became active, and new features of
relations were developed.
15
The 50th Anniversary of the Mongolian People’s Army, (Ulaanbaatar, 1971), p. 191.
The first conference of enlistment officers was held in 1923, and the subject of ‘political
and agitation work for civil population and demobilized soldiers’ was discussed. It was
the first call declaring that the military must address itself to the people.
At this conference, activities to be organised among local people were given to
enlistment officers as a task. In the framework of this action, distribution of newspapers
and bulletins, theatre performances, and the offering of literacy courses as well as
clinical aid took place. It was recommended that enlistment officers do an agitation talk
where many people assembled such as celebrations, festivals as well as religious
ceremonies. Moreover, it was considered that if local people were moving from one area
to another, the local army must help them with manpower and means of transport in
sowing and harvesting crops, and haymaking. Also, if a senior military member was
demobilized, great attention was paid to him. That was a policy designed to raise the
army’s reputation among people. The army’s newspaper was considered to be an
important tool for strengthening civil-military relations. In this vein, the first issue of the
Armed forces publication was published in 1924 under the name of ‘The People’s
Soldier’.
This publication still operates today advertising the activities of army to the public.
Moreover, the magazines ‘Agitator’, ‘Army Policy’ and ‘For war reserve’ have been
widely published and distributed.
Between 1960-1980, appropriate forms of army advertising emerged. One month
campaigns, variously entitled: ‘let us get familiar with army’, ‘Parents meet their sons
serving in the army’, ‘Art performances of army personnel’, ‘friendly sport encounter’ and
the sending of an official letter to soldier’s homes were appropriate forms employed to
strengthen civil-military relations.
During the campaign ‘let us get familiar with army’, delegation of army command and
army troops covered far away distances to aimags and centres of soums in order to
inform on the army development, to organise meetings and to receive proposals as well
to organise art performances and sports events.
The campaign ‘Parents meet their sons serving in the army’ was organised in the centre
of any aimag. Parents were invited from all over the country to meet their sons. During
the meeting art performances and sports events were offered. For servicemen and
surgeons, the opportunity to meet their parents without releasing them from their duty
was important.
The campaign ‘friendly sport encounter’ was an interesting event in a sports domain,
jointly organised by army units, civil servants of economic entities of urban and rural
areas, and students.
Military units organised the ‘Art performances of military personnel’. This was a kind of
advertisement for the army to the civil population. In this context, roundtrip journeys were
organised.
It is certain that these activities addressing the people were not for nothing. Numbers
and strength, as well as standards of education for the Mongolian Armed forces have
increased as a result of such endeavours.
Summary
•
•
•
•
•
•
•
•
Throughout history, one of the major factors in developing good civil-military
relations was ensuring security and independence of the country, a task that will
remain relevant and important in the future.
Mongolians have long history of civil-military relations and many measures have
been consistently used over time to regulate these relations.
The Government of Mongolia had the duty to regulate civil-military relations at
any time.
In certain periods of history, external subjects like government and public
organisations were established to develop the regulation of civil-military relations.
For developing civil-military relations in the right way, civilizing of the military
service and militarizing of civil education are play an important role. In other
words, dual education systems integrating both civil and military education are
necessary to the most efficient and effective development of civil-military
relations.
Building a local military training system is beneficial in the social, political and
economic domains and is a tool for strengthening civil-military relations.
The army reputation is an important factor in developing proper civil-military
relations. In peacetime, when the army was reduced, in order to maintain army
reputation, military corps actively participated in the country construction process
by civilizing military service.
It is important that the army has its own media and own press, in wartime or
peacetime, which it can use for advertising the activities of the army and
organizing interesting events to educate the young people and/ or the next
generation about the importance of patriotism.
Bibliography
The 50th Anniversary of the Border Troops, (Ulaanbaatar, 1983).
The 50th Anniversary of the Mongolian People’s Army, (Ulaanbaatar, 1971).
G. Demid, Reports, Short Stories and Statements (1930-1937), (Ulaanbaatar, 1991).
Documents Related to the History of the Mongolian People’s Army, (Ulaanbaatar, 1973).
Gillyem de Rubruk, My Visit to The East Side, (Ulaanbaatar, 1988).
Giovanni di Plan Carpini, The Story of the Mongols Whom We Call the Tartars, (Branden
Publishing Company: 1996).
S. Ganbold, Social Development - Armed Force – The 20th Century’s Mongolian Troops,
(Ulaanbaatar, 2001).
S. Gangaanyam, The Struggle of the Mongols for Independence (1911-1921),
(Ulaanbaatar, 1993).
The History of the Mongolian Army, Volume 2, (Ulaanbaatar, 1996).
J. Lkhagvasuren, Struggling Years, (Ulaanbaatar, 1995).
B. Nanzad (Kh. Shagdar), Doctrine and Testament of Chinggis, (Ulaanbaatar, 1991).
The Next Generation of the People’s Army, (Ulaanbaatar, 1983).
Three Documents of Ancient Military Skills, (Khukh Khot, 1986).
Ts. Samdangeleg, The History of the Establishment of Mongolian People’s Army (19211924), (Ulaanbaatar,1980).
The Secret Story of Mongolia, (Ulaanbaatar, 1990).
Kh. Shagdar. The Battle History of Chinggis, (Ulaanbaatar, 1993).
Kh. Shagdar, Military Training - Mongolian 20th Century Troops, (Ulaanbaatar, 2001).
D. Sukhbaatar (Biography), (Ulaanbaatar, 1967).
CHAPTER TWO
PROCESS OF THE ARMED FORCES REFORM OF MONGOLIA
AND ITS DEVELOPMENT TRENDS
Sh. Palamdorj Ph.D.
Vice Director of the University of Defence and President of the Institute for
Defence Studies
The Mongolian Armed forces have a heroic and rich history. They have always been a
supportive power to their state and defended their people 1 Throughout history they
fought to gain independence. When the Mongolian people became a great world power,
wresting free of the Manchu yoke, they were fighting and gaining independence and
freedom; later in the time of the big experiment of construction of Socialism, Mongolians
fought to preserve their country and now also, at the present time of democracy and free
market economy, Mongolians still struggle to maintain a balance of power between
military and civilians while developing their country.
Beginning from mid 1950’s until the 1980’s, at the apex of two global hostile camps’
competition period, the Armed forces of Mongolia continuously ran military reform and
deployment. Their integral structure was ‘army-division-regiment-battalion’, with many
personnel, which were specialized in classic martial arts of the stated period. Mongolian
military historians consider that the military deployment process during this period was
implemented in three-stages2 The Mongolian People’s Army transformed from the single
‘battalion’ structure (1956) to the interval structure of ‘battalion - brigade’ (1964) and then
‘battalion-regiment division-army’ structure (1979).
Mongolians consider that military reform and deployment of their Armed forces were
accomplished in various ways. Firstly, the goal to establish motor rifle troops of a new
type (not the traditional cavalry sort), which in fact was fully dismantled, was set.
Secondly, thanks to the deployment of armed forces, the Mongolian soldiers were
provided with brand new armaments and techniques, thus greatly enhancing the army’s
capacity and military capability. Thirdly, a new structure of combat training and teaching
was formed. Fourthly, issues of military staff training were properly settled. Fifthly,
effective measures in armed forces permanent personnel provision, accommodation,
salary, incentive and uniform were taken and implemented. Finally, the deployment of
the armed forces was independent of Mongolia’s economic capability and productivity
and instead was very dependent on Soviet assistance led by an internationalist and
socialist ideology and military doctrine.
Since information on the Mongolian Armed forces structure, organisation, personnel and
armament and technique of the stated period3 was published in widely used reference
books and reference documents, we limit the statistics included to the Soviet period.
However, here I would like to comment briefly on Mongolian government policy, the
1
The History of the Mongolian Army, Volume 1, (Ulaanbaatar, 1996) p. 514 and The History of the
Mongolian Army, Volume 2, (Ulaanbaatar, 1996), p. 570.
2
The Mongolian Army of the Twentieth Century, (Ulaanbaatar, 1996) p. 419.
3
Mongolian Defence White Paper, The Ministry of Defence, (Second Edition, Mongolia, 2001), p. 144.
content and nature of the activities of the armed forces reform, which had the abovementioned structure and organisation since 1990.
Perestroika, which thrived in the USSR and Central and Eastern European socialist
countries in the mid-1980’s, disintegrated the socialist system and further influenced the
social structure of Mongolia. The external and internal situation of Mongolia changed,
and Mongolia needs a new legal system to meet new social demands. For this reason,
Mongolia adopted a new Constitution in 1992 ‘aspiring to the supreme objective of
building a humane and democratic civil society.’4 It also approved many forms of
ownership, and commenced transfer of its social structure from the socialist to free
market economy. Revolutionary reforms in the social structure equally made
fundamental changes in the defence sector and armed forces..
According to the new Constitution5 qualitative changes were made to the Armed forces
designation and its basic duty in defence of its motherland. This clarification of the
mission of the Armed forces was principally different from the former internationalist
duties to guard the Far Western border of the socialist countries.
As the armed forces’ missions were determined by the Constitution the state accordingly
defined its policy as follows ‘Mongolia shall have a compact, capable and a
professionally-oriented armed forces tailored to the peace-time defence needs and the
economic potentials of Mongolia.’6
In the document ‘The Bases of the State Military Policy of Mongolia’ the peacetime
missions of the armed forces were defined as follows: to be prepared to safeguard
national independence, sovereignty and territorial integrity from external armed
aggression; to protect the state borders and monitor the inviolability of the country’s air
frontiers and space; to guard important state projects; to render assistance in protecting
the population and other material assets from dangers of destructive means, natural and
other mass calamities, and industrial accidents; to set up a mobilisation reserve and train
the population in military matters; to render support and assistance in humanitarian acts;
and to carry out functions within the UN peace-keeping forces and other functions as
stipulated in the law.7
The armed forces’ structure of the stated period; personnel, armament and technique,
military training system, skills, procedure of military service, structure, organisation and
location of military formation and unit, social security, and budget situation could not
permit implementation of all these new missions.
It is understood that armed forces reform is to become professional-oriented, compact
and capable. In other words, to bring up the armed forces closer to the standards of a
professional-oriented army by making fundamental and qualitative changes in its legal
situation, structure, organisation, technical condition of equipment, personnel, military
training system, logistics, civil-military relations, and civil control over armed forces.
4
The Constitution of Mongolia, (Ulaanbaatar, 1992), p. 104.
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002).
6
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998), p. 13.
7
Ibid, 14-15.
5
The aforementioned reforms envisioned for the Armed forces require a strengthening of
their position of the within Mongolian society. To facilitate their rapid deployment and
execution, the armed forces must operate within a society which enables this flexibility
and implementation.
It is taken into consideration that thanks to reform the Armed forces position to occupy in
the society of Mongolia should be strengthened and provide conditions to fully
implement given tasks by its organisation and be deployed within comparably short time
to get ready to execute action duties.
In general the need for military reforms arises in situations such as the transformation of
social structure or revolution in armament and technique. In our country the demand
arose to have military reform at that time due to the former contingency.
Viewed by world standards and our own country’s practice, military reform is usually
made by composing legal basis and adjusting to country’s economy and developmental
level of productivity by the decision of the high governing organisation – state and
government. Despite this every country attempts to carry out reforms in harmony with its
political view and existing tools as well as tactics of armed forces. In chapter three of the
present book, it is stated how the legal condition was created when our country had
Armed forces’ reform in accordance with the above-mentioned rule. There are grounds
to consider that the commencement of military reforms of that period was run in
accordance with principles of democratic society on the basis of creating legal conditions
at proper level. After the promulgation of the new Constitution, laws promulgated are
listed as follows: ‘Law on Defence of Mongolia’ (1993), ‘Law on State Border of
Mongolia’ (1993), ‘Concept of security of Mongolia’ (1994), ‘Basis of military doctrine of
Mongolia’ (1994), ‘Law on state service’ (1994), ‘Law on Civil Defence of Mongolia’
(1994),’Law on Military duties of Citizens and the Legal Status of Military Personnel’
(1992), ‘Law on Pension and Other Allowances for the Military Personnel’ (1994), ‘Law
on emergency’ (1995), ‘Law on State Confidentiality’ (1995), ‘Law on Promulgation of
List of the State Secret’ (1995), ‘Law on State of War with a Foreign Country’ (1997),
‘Law on State of War’ (1997), ‘Law on Mobilisation’ (1997), ‘Law on Stationing on and
Transit Crossing of Foreign Troops Through the Territory of Mongolia’ (1997), ‘The
Bases of the State Military Policy of Mongolia’ (1998), ‘Law on Armed forces’ (2002),
‘Law On Participation of Military and Police Personnel to the UN Peace-keeping and
International Activities ‘ (2002).
The Ministry of Defence and the General Staff of the Armed forces published brochures
of legal acts such as ‘Collection of the laws and regulations on the defence sector’ and
‘Legal Basis of the Armed forces of Mongolia’ in 1995, 1998 and 2002 to implement the
above-mentioned concepts and laws. These publications were classified by section and
chapter by taking into consideration their content, significance, usage recurrence and
probability of firm action in order to make officers, majors, state and military personnel
study these laws and regulations and use them for their daily activity. This classification
made easier to get acquainted with the structure and system of the laws on Armed
forces and use of the documents, and had methodological significance.
The laws on defence:
designated defence system of Mongolia and regulated relations, which are
connected with the implementation of duty to safeguard country by government
organisations, administration, local governing authority, entity, organisation and
citizens-8
The country’s defence system couldn’t be maintained only by the armed forces
assistance. Thus, the above mentioned law defined that:
defence is political, economic, social, legal and military unified operation with
purpose to provide and protect the country’s readiness in protecting Mongolian
independence, sovereignty and territorial integrity from the external armed
incursion and aggression.
Therefore, the foundation of a unified system at state level of political, economic, social,
legal and military measures to be implemented by the state, government, local
administration unit and citizens in order to provide the country’s defence policy and
activity were established.
Military reform policy was implemented in accordance with the settlement of grounds
and principles of building of the Armed forces in the Law on Armed forces of Mongolia.
Principle of building of the armed forces is defined depending on the stated country’s
political and social system.
The following principles of building of the Armed forces shall be observed in the armed
forces reform.
1) Civil control over the armed forces. This principle is formulated and included anew
upon consideration that it is a common principle of building of the armed forces in a
democratic civil society. Civil control over the armed forces is performed through the
state governing authority, which is elected by the citizens’ free election. Our government
considers that there is no purpose in operating a powerful military organ, which could
take control over soldiers and also over citizens in the parliament. That version has been
used in some countries which are governed by military regime, and has led to
destruction and hardship in certain regions and countries by following militarist and
fascist policies for a definite period in its historical development. As for our country, basic
candidates to perform civil control should be the Parliament, the President of Mongolia,
or the Government set up by the Parliament and state central administration bodies in
charge of defence. See Chapter Four of the present book for more detail.
Civil control of the armed forces covers the armed force’s activity in conformity with
military organisation principle to ‘govern by centralization and [to] administer by
unification’. Looking at that basic objective of the civil control over armed forces firstly
involves implementation process of state laws and regulations, secondly, quality of
professional military command, ethics of the military command staff, thirdly, defence
budget exploitation and expenditure. Upon consideration of vitality of duties to be
performed by the professional supervision office in formation of civil control this office is
newly established. Though we lay weight by making all citizens aware that civil control is
most important, control result and information towards citizens are important, too.
2) The principle of state governance of the armed forces requires that armed forces only
be commanded by the state. Only state laws and regulations, and military regulations
8
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002), p. 308.
shall regulate relations that are connected with its organisation and activity. Strong
attention is paid also to strict state and administration control over implementation.
3) The principle of the adequacy of the armed forces’ structure, organisation and
equipment to carry out their missions in peace and wartime indicates that structure and
organisation of armed forces, and armament shall be defined depending on direction
and duties imposed on state laws and regulations to armed forces above all else. If this
principle is distorted at any level during the process of armed forces organisation and
development it will fail to implement the guarantee that ‘armed forces shall be on regular
readiness to perform basic duties’. Therefore this principle is considered to be one of
essential foundations of armed forces organisation.
4) The principle of the permanent readiness of the armed forces to fulfil their main
missions is to be understood as centralised expression to define the level of
preparedness to perform undertaken duties of the stated military organ and unit.
According to the military advanced preparedness, basic requirements shall be met to
cover all sides of the given duties and operations equally. That means to be in
conformity with duration and spatial factors as well as with the most serious version of
probable development of event and to co-ordinate flexibly with change of time. Also the
centralised expression to define military ‘advanced preparedness’ is characterized by
quantitative and qualitative indexes and shows spatial connections as well as correlation
in terms of time. Therefore, there arose needs to fix centralised expression to define
preparedness to perform battle and special duties, which shall be fixed with direct
connection to the military units and sub-units’ designation, duties, structure and
organisation by differentiating military units and sub-units’ designation, type and
structure classification. On this basis, it was possible to approach the matter of military
preparedness objectively and with certain purpose.
5) The principle of guaranteed state supply of all material is understood to mean that the
state will undertake duties to organise and develop the Armed forces, and provide them
with the appropriate conditions to normally run operation through its state administrative
organ. By following this principle, the foundation of the armed forces being a state organ
is laid. Therefore military personnel are prohibited:
o
o
o
o
to associate for political purposes
to be a member of organisations conducting political activities
to resist to abide by government policies, decisions of military authorities
and orders of the commander
to organise or participate, without prior permission of the commander, in
demonstrations and gatherings other than those specified in military rules.
6) The principle of replenishment of the armed forces personnel by draft and voluntary
contract recruitment arose from the government policy to reform armed forces to the
standard of a professional army. It creates conditions to follow policies to increase
percentage to occupy voluntary or permanent personnel in total personnel.
7) In accordance with the principle of mandatory training ,every serviceman has a
military specialty and apart from that the armed forces have duty to teach the military
profession to military personnel, and every citizen that takes an oath is obliged to be
specialized in military profession.
8) Principle of the supremacy of law, tight discipline and organisation relies on the
Armed forces as the basic organ of state power. In this respect, armed forces personnel
are state special officials, having high organisation level keeping military disciplines.
Thus citizens are obliged to fulfil military service and must ‘...take an oath to safeguard
selflessly the sovereignty of Mongolia, the sacred hearth of Mongolian ancestors, for
dear life by performing civil military duties undertaken by the Constitution of Mongolia.’9.
9) The principle of centralised command and unified directives is a traditional principle
applied to the Mongolian military establishments from ancient times. As armed forces is
a military basic organisation of state to defeat aggression with military force in case of
endanger of foreign armed aggression to the country above all, its relations has practical
importance. Also following of this principle resolutely determines the separation of armed
forces’ state administration from professional military command.
10) Unity of the armed forces is a necessary conditions for our small and weak country
to be able to effectively build civil society, to establish legal state, to transfer to economic
market and to provide domestic security to ensure the continued existence of the
country10
The above principles are guidance of our state policy to be taken in armed forces’
reorganisation, further development and strengthening activities, and to eventually
become an expression of our state and social reform.
Along with these, while legal changes were a real reflection of military reform other laws
and military rules still required reform. A number of rules and procedures such as
‘Military Rules’ (1999), ‘On Granting Military Rank’ (1994), ‘Rule of Black Standard of
Armed forces of Mongolia and Great White Standard of State Ceremony’ (1992) have
been observed upon their adoption and monitored for effectiveness.
The implementation of the military reform was conducted in accordance with guidelines
outlined in documentation such as ‘Government program on reform of defence
operation, and armed forces and other troops’ (1994), ‘Policy of military reform’ (1997),
‘Program on development of building of armed forces till 2005’ (2002). The principal
purpose of military reform is directed to reorganise Armed forces to become as
professional and capable an army as possible to be able to effectively guard and
strengthen the state frontier.
The Establishment of armed forces command levels and distinctions according to the
Law on Defence 11 created favourable condition to commence military reform from its
command. Missions of the Ministry of Defence were fundamentally changed, and there
arose the need to transform from a military ministry to a civil ministry. The Ministry of
Defence started to direct the most part of its policy and operation in the defence sector
to run towards civil society and organs, and lesser part to provide for the Armed forces’
administration command and to take civil control. But the Ministry of Defence delayed
commencement of reform for 3-4 years from 1993. Though the government formed by
the ‘Democratic Association’ coalition began at the beginning of 1997, because of delay
9
The Military Oath.
Ts. Dashzeveg, Military Reform Policy: Purpose and Operation, (Ulaanbaatar, 2002), p. 216.
11
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002), pp. 37-44.
10
the ministry couldn’t free itself form its duties of military ministry. At the present time, the
Ministry of defence is already formed and runs its activities in the as originally planned.
It was more suitable that the Minister of Defence be a politician, an ordinary civilian,
rather than military commander, as the Ministry of defence mainly has relations with
state, social and civil organisations and regulates defence policy of the country and its
implementation.
The professional military’s supreme body – the General Staff of the Armed forces’
framework to perform, its mission, structure and organisation is properly laid and its
formation is being formed in comparably short term.
In case of weakened capability due to structural weakness, the Military reform shall be
considered complete when it is fully restructured and reorganised by modernisation in
terms of its operation, armament, and equipment
The military reform of the stated period handled, above all, issues of building up of the
army and armed forces. During the transition period towards free market the budget
based on foreign loan and grant aid started to break off. This made the state budget
unable to maintain expenses of defence, which occupied a great portion of the state
budget.
Therefore, first of all military reform was mainly directed to summarise the armed forces
structure and organisation and make it compact. This operation is based on the
provision that ‘Mongolia shall have compact … armed forces, which meet demand to
defend and economic capability of the country in time of peace’ stated in the ‘The Bases
of the State Military Policy of Mongolia.’12
The armed forces structure and organisation directly depend on its peace time and war
time missions, and these basic missions define the armed forces structure and
organisation, type, proportion of professional troops, also strategy and tactics of armed
struggle and method and form of humanitarian activity. The armed forces are comprised
of motor rifle, service branch units, as well as logistic-technical, training-preparation,
cultural, advertisement-educational, medical establishments and economic – service
units. Principal changes have been made in military formations’ peacetime structure,
organisation and location since 1997. Compared with 1980, in 2000 the number of
formations and units as well as personnel was reduced by 30 per cent and the number
of personnel reduced by 2,5 times as military formations and units were transformed
from division-unit-battalion structure to battalion’s compact structure. By doing this the
Armed forces structure of ‘battalion-unit-division-army’ was transformed to common
structure of ‘battalion-unit’ and changes made in formations and units’ location. Military
reform was made more in the form than in the content.
The armed forces defined its military-technical policy in accordance with having
armament and combat techniques to fit a self-defence policy. The majority of models of
weapon and combat technique come from Soviet manufacturers during the 1960’s1970’s. Though these haven’t undergone scheduled maintenance and restoration,
technological quality is acceptable. Nevertheless, these armaments and techniques
require technical restoration. Combat weapons and techniques need partial restoration
12
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998), p. 13.
and renovation and we have production material resources and qualified staff to
implement this based on assistance of the models’ technology and experts of the
producing country. Therefore the army command considers that it is required to approve
and observe the Governments middle term program on renovation of the combat
equipment. Fundamental enhancement of preservation of weapon and military
equipment, protection, technical inspection and service, and preservation of utilize them
by designation are the basis of our military-technical policy.
The present economic situation of our country contributes to the urgency to initiate
foreign relations and co-operation of the army and reinforces also the importance of the
extension of military-technical co-operation, and to renovate some weapons and
equipment with the assistance of foreign countries.
Qualitative changes in means, armament, equipment and tactics of self defence and
armed struggle in the Armed forces of Mongolia have never been initiated despite the
economic capability and intellectual potential to undergo these changes.
The state policy to have compact and capable armed forces does not confine itself to
making changes in structure and organisation, reducing armament and equipment in
numbers and enhancing quality. It lies in reforming military units’ training, preparation
and skills to bring the armed forces closer to standards of a professional army. This
becomes the basic objective in transferring the armed forces from its structural changes
to operational reform. Beginning in 1998, the content of military training was renovated
and exploration to upgrade training technology and new and advanced methods of
teaching were intensified. In the past we created a fundamental teaching system based
on individual professional training and small sector focus. If we implement this system by
perfecting it further, we will have troops capable to perform any kind of battle and special
duties, and to that extent we will have created primary conditions of capable armed
forces.
Since 1998, the policy to change the procedure of the training and preparation of the
Armed forces regular personnel by considering the structural classification, profession,
position and service duration, and determining the training differently, has been
implemented.. In the past, we gave systematic instructions on how to examine the level
that should be reached through military personnel training and preparation and the
process and evaluation of results itself. Upon renovation all kinds of training curricula
were upgraded to new standards. The current level of unit and sub-unit co-ordination
and the preparedness of the commissioned officers, major and contractual military
personnel, which comprise current regular personnel evaluate military units’ training and
preparation, which was formerly evaluated by marks and scores has demonstrated a
significant gain by the fixed-term military personnel.
By extending their curricula, the Armed forces have been striving to meet new
requirements such as teaching assigned personnel tactics and methods of participating
in safeguarding the state border in peace time; educating the whole military personnel
on how to protect the population and property from natural disaster and industrial
accidents; to offering education on subjects such as Law on international armed conflict
to the combat units and sub-units’ military personnel; to teaching all commissioned
officers and majors on how to perform within the framework of the peace-keeping power
of the United Nations. Despite limited budget and means new training material resources
are essential to initiate to the process of strengthening material resources of military
training and military formations and units
By noticeably increasing military career rank evaluations and bringing them closer to the
professional army standard, the demand and criteria required from the rank officer
reputation of the military personnel, who acquired military career rank has been
advanced. Within a short period, the number of military rank officers has increased and
this feature reveals future prospects, which will become a key factor in improving the
competence of military personnel.
Thus the reorganisation of the system of military training and preparation (which is
military units’ and sub-units’ daily basic activity) is proposed as a main goal to upgrade
the development of the armed forces. This is not an easily formulated objective but a
hard goal requiring considerable effort and certain capital means. To achieve this
objective, the Armed forces authority considers the following measures necessary:
firstly, to get into the habit of defining military training goals properly at each training
level in reference to the military personnel structure, classification, profession, position
and duration of service; secondly, to have a curriculum with contents that include all
indicators of knowledge, skills and practice, which should be studied by the trainees, and
the curriculum shall be updated regularly; thirdly, to strengthen teaching material
resources in correspondence with modern demands, fourthly, to determine principles to
be followed in lessons, and to have certain sequence in teaching proceedings, level,
method and organisation, that all measures shall differ from one army corps to another,
fifthly, to provide military training to the permanent management by governors of all
levels and headquarters, sixthly, to realize control and analysis that was made during the
process of training and to evaluate at the end of the course.
In commissioned officers’ and majors’ training it is rational to follow principles as follows,
first, to be scientific; second, to train to perform official duties correctly; third, to teach on
the basis of trainees’ motivation and understanding; fourth, to offer systematic and
comprehensive training, fifth, to train participants by challenging their capacities, sixth, to
dispense thorough and creative information, practice and skills, seventh, to treat
single or en masse training equally.
In private’s and sergeant’s training though it is appropriate to observe different
principles: first, to create a proper environment; second, to train the military profession;
third, to educate in military affairs; fourth, to be systematic; fifth, to be concise; sixth, to
encourage active participation on the basis of understanding; seventh, to have proficient
knowledge and be creative. These principles require our military unit governors and
headquarters to think creatively in organising military training.
Military command understands that results are obtained upon implementation of military
training and preparation restructuring:
Firstly, principal changes in content and form, structure and organisation of military
training, and the training process must be intensified.
Secondly, subject-to-object relation, which dominates present military training, shall be
changed through subject-to-subject relations, and trainee’s creativeness shall be
markedly developed.
Thirdly, an environment and appropriate conditions to develop oneself shall be facilitated
so that knowledge, skills and practice can be improved.
Fourthly, military training processes shall be intensified and trainings with the best
results, minimum duration and incurring minimum expenses shall be implemented.
Fifthly, there should be incentives to develop further the knowledge and skills of the
commissioned officers’ who are training.
Sixthly, indicators should be defined to measure training results, and evaluations for
military training should be made regularly.
Seventhly, economic factors should be used to estimate military labour costs and an
incentive and responsibility system employed to promote instructors’ and trainees’
activity.
Lastly, state policy should be implemented to direct the armed forces to become
professional-oriented army13.
Issues of military cadre training and military school occupied an important place in
military reform policy. For the past ten years’ issues related to Military Academy (MA)
have been discussed in the session of Council of Defence Minister nearly every year
and they have been developing military school structure and teaching in accordance with
the program ‘Military University’ (1998) and ‘Defence University -2005’ (2001). Thanks to
these programs changes have been made. The Military Academy was renamed Military
University (1991) and a doctorate degree program was started by the university (1992).
New organisation of classified council to grant doctor degrees in military science and
technical science (1995), re-organisation of Military University structure (1996) by
dividing it into basic units as Institute for Defence Studies, Command Staff Institute,
Border Troops Academy, general military faculty, technical faculty, Military Band School,
Non-commissioned officer Academy, Aldar Sport club. Afterwards, Military University
became Defence University and was re-organised again to include institutions, schools,
colleges and centres.
Though tactics to carry out combat are connected to armament and equipment quality,
both depend on its objectives or state policy. Actually, this situation revealed the need to
make reform in military art through state policy. Particularly, there arose demands to
review and draw up military strategy and tactics and consider practical issues selected
from military art. During the market transfer period considerable part of the intellectual
potential of the armed forces regular personnel are demobilized in connection with cadre
organisation, economic and social welfare situations. For the part which left theoretical
change and reform has been slow because of shortcoming of key factors and
mechanisms to utilize innovative thinking and resources. In other words, our
commissioned officers ‘used to develop’ theoretical issues of military art by copying and
scrounging Soviet military art, the operation to develop it in conformity with peculiarities
of the country in line with brand new objectives of social reform was run sluggishly and
with less amplitude. Complete change of the Mongolian traditional military art through
the influence of the art of the socialist army’s of an European type caused difficulties.
Mongolian military art faced the demand to research comparing traditional and classic
13
Ts. Dashzeveg, Military Reform Policy: Purpose and Operation, (Ulaanbaatar, 2002), pp. 114 -115.
military art. Defence sector’s military scholars and researchers14 studied military art by
comparing, and publishing their works. The dispersal of this art influenced the
development of the officer’s theoretical thinking, their military training and its content.
One expression of it was the beginning of training military personnel in theoretical
studies and practical issues such as: ‘defensive battle’, ‘disturbing battle’, ‘counteroffensive’ and ‘tactics to fight with terrorism’, duty performance by small group, fighting
with terrorism, keeping peace, humanitarian activity and removing damage from natural
disasters apart from teaching tactical classical versions by military gathering and
training.
Activity to adapt cultural and educational work content and form in accordance with
military reform to organise with the Armed forces personnel is just at its beginning stage.
Management documentation such as instructions on the organisation of information,
advertisement, cultural and educational work among military personnel and evaluation
were renovated. There were several adverse outcomes, which caused delay in running
this operation. They are connected with organisational mistakes, such as interests in
keeping the Armed forces separate from political powers’ policy and attempts to get rid
of military political workers, who were faithful to the ideology of the MPRP (Mongolian
People’s Republic Party), as soon as possible. For example, though the Armed forces
permanent personnel was created without any obligatory party membership , not only
did they abolish organisations which ran political activities in the armed forces, but also
created conditions that made networks of information, advertisements, and workers
education of almost impossible to implement.
One of the goals of military reform was establish appropriate conditions for military
service by upgrading the present military service rules to national defence interests and
world standards .The law on Military Duties of Citizens and the Legal Status of Military
Personnel was amended with provisions stating a volunteer contractor may do service
and join an alternate form of military service. In accordance with this, related laws and
regulations were processed and their implementation was initiated. Many difficulties
were faced in reaching the required level of recruitment of citizens to contractual military
service and organisational works.
However, despite this shortcoming, research on formation of a unified defence system in
line with military reform policy has been run. Thanks to the unified defence system
theoretical training for defence activity, regulation of national economics to defence,
training in conformity with national interests, modernizing the Armed forces to become
more compact and skilled, and the formation of defence leadership systems, research in
these domains has been met with success. But, the ultimate utilization of legal and
organisational operations fulfil these objectives has been slow in coming.
In short, to summarise the results of the Mongolian military reform which began in
1990’s, the defence and military capability of Mongolia has diminished, instead of
enhanced.
14
Sart Borjigin Jamba Bazarsuren, The Armament of Chinggis Khan’s Army, (Ulaanbaatar, 2000); Kh.
Shagdar, The History of War and Military Art of Mongolia (XIII Century), (First and Second Volumes,
Ulaanbaatar, 2000); D. Myagmar, B. Tumen, Utilisation of Military Units and Sectors in Fighting with Armed
Terrorist Groups, (Ulaanbaatar, 2002); Sh. Palamdorj, On Theoretical Issues of Modern War and Armed
Conflicts, (Ulaanbaatar, Defence University: 2001); Sh. Palamdorj, Terrorism and Its Prevention,
(Ulaanbaatar, 2003).
In order to achieve full military reform at the start of the twenty-first century and to make
‘compact, capable and professional-oriented armed forces’15 we need to focus on
content instead of form, targeting organisational reformations that will bring about an
operational upgrading as envisioned in the Bases of the State Military Policy of
Mongolia. Also we need to provide the Armed forces with armament and combat
equipment, suited for both peacetime and wartime duties.
Judging from legal and actual attempts at military reform towards the end of the
twentieth century the following conclusions can be made:
Firstly, The armed forces’ duties and objectives arise from a military-political view to
safeguard the vital interests of the Mongolian humanitarian civil democratic society and
to protect against possible military threats. Included within their domain is also a
systematic expression of relevant methods to treat issues properly. Basic military reform
is established upon decision of such military-political issues. The meaning and content of
issues relevant to the military are defined by legalising and reflecting the armed forces
designation, duties and share of competence to state institutions in the Constitution.
These responsibilities are formalised in basic documentation such as the Concept of
National Security, Doctrine of state military policy and armed forces usage, and doctrine
of foreign policy. Running a consistently implemented operation depends on authority
garnered by a military reform policy which reflects a unified concept of program content ,
and general ‘agreement’.
Secondly, this section includes all military and economic issues. Among these concern
those of drastic change, including all aspects of ones life, such as professional military
life, general welfare, training, analysis, research, armament and equipment renovation
and supply. This should be achieved through the implementation of many measures
such as economic change planning, programming, financing operation, organisation of
resources, providing for military consumption, purchasing power, and ordering and
implementing demands by new method.
Thirdly, this set of issues relates to the building of armed forces and other relevant
issues designed to make the Armed forces compact and capable. Activities initiated to
implement the above-mentioned issues include making the Armed forces professionaloriented and voluntary. Specifics of the latest military reforms include classifying
missions of military command organisations, innovating the armed forces, service
branch units, professional personnel, and military units proportion, structure,
composition, staff and organisation. Additionally, amendments to the content of military
strategy, operative art, basis of tactics of combat operation, method and technology of
military training, and replenishment procedure were implemented.
Fourthly, this reform revised legal documents such as military law, rules and instructions
to bring about legislation in the domain of social and military issues.. This reform was
carried out to create conditions that guarantee military servicemen state welfare and
provides extra insurance that these servicemen will not be ‘lost’ to other more attractive
sectors. In carrying out reform in the domain of military command one has higher
expectations as this sector traditionally has high education in military affairs,
understands new purposes and objectives and has above average organisational skills.
15
The Constitution of Mongolia, (Ulaanbaatar, 1992), p. 13.
Social and legal protection is equally
commitment.
important in intensifying their activity and
Fifthly, this last objective addresses ethical and psychological concerns. The armed
forces personnel ethics and psychology of the democratic state of humanitarian, civil and
democratic society shall be qualitatively different from the armed forces personnel of the
socialist society. It shall be created by carrying out policy and programs with clear
direction, purpose and order and social and state influence. Implementation should go
hand in hand with scientific research and development on social psychology, sociology,
law, information, religion, society and armed forces relations and patriotism.
A patriotic, professional and unified armed force is essential to the success of military
reform. Therefore, governing bodies must understand the importance of the state role in
running successful military reform; secondly, nourish competent intellectual potential
who can process branch, sector and the gist of government issue military reform; and
lastly to provide support to all organs of the state system, facilitating public participation
and openness in the democratic society’
The basis of implementation of these reforms is furnished by running military reform with
qualified military personnel, in conformity with private material provision. The
qualification and intellectual interests of all officers and non-commissioned officers, and
population support from the grass-root level up to our leaders is vital to the success of
these endeavours and the ultimate welfare of the state.
Bibliography
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998).
Sart Borjigin Jamba Bazarsuren, The Armament of Chinggis Khan’s Army, (Ulaanbaatar,
2000).
The Constitution of Mongolia, (Ulaanbaatar, 1992).
Ts. Dashzeveg, Military Reform Policy: Purpose and Operation, (Ulaanbaatar, 2002).
The History of the Mongolian Army, Volumes 1 & 2 (Ulaanbaatar, 1996).
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002).
The Military Oath.
The Mongolian Army of the Twentieth Century.
Mongolian Defence White Paper, The Ministry of Defence, (Second Edition, Mongolia,
2001).
D. Myagmar, B. Tumen, Utilisation of Military Units and Sectors in Fighting With Armed
Terrorist Groups, (Ulaanbaatar, 2002).
Sh. Palamdorj, On Theoretical Issues of Modern War and Armed Conflicts.
(Ulaanbaatar, Defence University, 2001).
Sh. Palamdorj, Terrorism and Its Prevention, (Ulaanbaatar, 2003).
Kh. Shagdar, The History of War and Military Art of Mongolia (XIII Century), (First and
Second Volume, Ulaanbaatar, 2000).
CHAPTER THREE
FORMATION OF THE LEGAL ENVIRONMENT OF MONGOLIAN
CIVIL-MILITARY RELATIONS
G. Myagmarjav Ph.D.
Head of the Research Centre for Civil-Military Relations at the Institute for
Defence Studies
B. Nergui
Research Worker at the Research Centre for Civil-Military Relations
Before 1990 the main documents which regulated Mongolian civil-military relations were
the Program of the MPRP and its military policy section and legal acts such as Law on
Public Military Personnel and Law on Defence. These documents reflected the
contemporary ideological policy of socialism 1
Promulgation of the Constitution of Mongolia in 1992 laid a basis for developing a
humane, civil democratic society and forming a legal environment for Democratic CivilMilitary relations. Article 11.1 states: ‘The duty of the State is to secure the country’s
independence, ensure national security and public order’. Also in Article 2 of the
Constitution: ‘Mongolia shall have armed forces for self-defence. The rules of military
service shall be determined by law’. This article became grounds to ensure the national
security of Mongolia, to form a reliable system of defence and to develop patriotism in
civilians as well as laying the basis for new principles of the army’s mandate.
In connection with the new social relations of Mongolia, some laws were adopted which
regulated and confirmed the designation and mission of the defence sector, Armed
forces and relevant relations. These are as follows: The Constitution of Mongolia,
National Security Concept (1994), Law on Armed forces of Mongolia (2002), Bases of
State Military Policy (1994), Law on Defence of Mongolia (1993), Law on President of
Mongolia (1993), Law on State Great Khural (Legislative Body) of Mongolia (1992), Law
on Government of Mongolia (1993), Law on Civil Defence of Mongolia (1993), Law on
Military Service Duty of Citizens and the Legal Status of Military Personnel (1992), Law
on Involvement of Military and Police Personnel in UN peacekeeping operations (2002)
and Law on Border of Mongolia (1993). In accordance with the adoption of these laws
and regulations amendments were made to other related laws and regulations. (See
Appendix one)
Security Sector Laws
The above-mentioned laws and regulations have contributed to legal reform, which
corresponds to the new social relations of the defence sector and Armed forces which
emerged over the past 10 years. Promulgated laws and regulations were processed to
reflect the new process of forming international security, new defence strategy, periodic
public view and demands, as well as on the basis of international practice and
1
Ts. Dashzeveg, Military Reform Policy: Purpose and Operation, (Ulaanbaatar, 2002), pp. 27-28.
scientifically based research. In that law, instructions and trends towards defining basics
of the country’s defence system and armed forces control, and measures to be taken
during the country’s transfer to state of war were given. Furthermore, state
administration and military governing organisation’s power to provide training in
peacetime, organisation, entity and citizen’s duties, armed forces missions,
organisational structure, personnel, legalization of military personnel status in conformity
with democratic society system and market economy relations are defined. Within the
framework of these activities, the power allocation for regulation of legal acts and laws of
Mongolia was created. These laws are as follows:
1. The Constitution of Mongolia
The Constitution declares that it is the duty of the State to secure the country’s
independence. Mongolia shall have armed forces for self-defence and the structure and
organisation of the armed forces and rules of military service shall be determined by law.
Likewise, it is the duty of the citizens of Mongolia to defend their motherland and to serve
in their army. By stipulating that the President of Mongolia shall be the Commander-inChief of the armed forces and head the National Security Council among other duties,
the constitution aims to strengthen the country’s defence capabilities. The Constitution
thereby laid a legal basis for the honest principle and genuine aspiration that command
of the army is confined to the State and the Government elected by the people of the
Mongolia.
2. Concept of National Security of Mongolia
This concept shall serve the interests of the State and the people on a long-term basis
and maintain the integrity of state and hereditary qualities regardless of state, social and
economic circumstances. An excerpt from the concept reads:
•
•
•
‘National Security of Mongolia is aimed at safeguarding the external and internal
favourable conditions for ensuring the vital national interests of Mongolia. The
ideological basis of the policy ensuring national security is national patriotism.
‘Vital national interests involve the existence of Mongolian people and its
civilisation, Mongolia’s national independence, sovereignty and territorial
integrity, inviolability of state borders, relative self-sustainability of national
economy, and development with regard to ecological balance and national unity.
Vital national interests of Mongolia shall be kept by state and public protection.’
‘State policy as well as actions taken by the State, its agencies and functionaries
and its citizens aimed at creating all-around guarantees of protecting and
strengthening Mongolia’s vital national interests are the main ways of ensuring
national security. Those measures are both preventive and creative. Mongolia
attaches importance to developing its international competitiveness in the
economic, cultural, scientific and technological and educational fields. Judging
from this the vital national interests shall be the object of special care and
protection on the part of the State and the people. Mongolian policy for
safeguarding its national security includes both domestic means and means of
enhancing international cooperation, through various tools such as social,
economic, political-diplomatic, military-political, intelligence and legislation. Also it
became a ground of advancing civil-military relations to a greater level.
3. The Bases of the State Military Policy of Mongolia
Adoption of the document entitled ‘Basics of the State military doctrine’ (1994) was an
important step in launching armed forces reform in state and easing the social
transitions. Before, the army lacked its own military doctrine. Until the declaration of the
Warsaw Pact countries, the Military doctrine was neither researched nor formalised. This
was due to the fact that there was no demand to articulate a specific military doctrine
and, the military policy of the Mongolian People’s Republic was an inseparable part of
the Soviet’s Far East military strategic policy
The State of the Great Khural adopted the ‘Bases of the State Military Policy of
Mongolia’ in 1998. In accordance with it the Mongolian President approved the adoption
of the ‘Doctrine of the Armed forces Engagement’. It was decided to define political and
military-political policy, to be followed by the state for country defence and organisation
and strengthening of the armed forces in accordance with the ‘The Bases of the State
Military Policy of Mongolia’. To develop concepts of the armed forces, further
rationalization, development and engagement in peacetime or wartime, the ‘Doctrine of
the Armed forces engagement’ shall be used. ‘The Bases of the State Military Policy of
Mongolia’ are concepts based on the Concept of National security of Mongolia, a defined
policy of the country’s defence and armed forces reform. This policy includes state
attitude towards armed aggression, averting the threat of wars and armed conflict,
safeguarding the country from external armed intervention, organisational development
of military, and addresses the conduct of armed struggle. The above mentioned
document also defines prevention against war and armed conflict, ways of implementing
military structure and conducting armed struggle. It is the foundation of the defence
activities related laws and regulations as well as international treaties and concessions
of Mongolia.
In the document ‘The Bases of the State Military Policy of Mongolia’ it is stated that ‘In
peacetime it shall have compact, capable and professionally-oriented Armed forces,
which meets the nation’s defence demands and economic ability’ and according to the
law, the main missions of the Armed forces are:
•
•
•
•
•
•
•
•
2
To be prepared to safeguard national independence, sovereignty and territorial
integrity from external armed aggression
To protect state borders and monitor the inviolability of the country’s airspace
To guard important state objects
To render assistance in protecting the population and other material assets from
the dangers of destructive means, natural and other mass calamities, and
industrial accidents;
To set up a mobilised reserve and train the population in military matters
To render support and assistance in humanitarian acts
To carry out functions within the UN Peace-keeping forces and other functions as
stipulated in the law
The armed forces shall, in times of peace, ensure the preparations necessary for
carrying out its duty of checking and repudiating potential armed aggression2
(See Appendix Two)
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002), pp.28-29.
4. Law on Defence of Mongolia
Taking political, economic, social, legal and military measures to maintain the country’s
secure existence in conformity with national hereditary tradition and external
circumstances in peacetime is common in international practice. Our law establishes our
defence system and regulates relations connected with the implementation of duties
undertaken by state administration, local authority, entity, and organisation of defence
and citizens. That there is little reliance to provide a national defence system by single
military means in this law is determined in the following stipulation:
The defence system of Mongolia is an integral political, economic, social, legal
and military measures aimed at ensuring the country’s preparedness for the
defence of its independence, sovereignty, and territorial integrity against external
armed incursion and aggression.’
In other words, the defence measures are planned by unifying political, economic, social,
legal and military measures aimed at ensuring the country’s preparedness for defence of
its independence, sovereignty, and territorial integrity against external armed incursion
and aggression. Additionally, defence is guaranteed by providing conformation and
implementation activities of these measures through an integral defence system as well
as by developing political-diplomatic, military-strategic, organisational and international
co-operation.
The defence management system is comprised of the State Great Khural, the President
of Mongolia, the National Security Council headed by the President of Mongolia, the
Government, the Central Administration Office, the General Staff of Armed forces,
Military administrative organisations, aimag and capital city defence directorates, and
province and district defence agencies.
The defence political system’s objective is to safeguard national independence, and
sovereignty from external armed incursion and aggression as a basic part of the unified
system. Furthermore, the defence political system consists of foreign policy, which
orients towards protecting national interests, and formation of defence legal basics at
internationally accepted level in conformity with basic laws and regulations of Mongolia.
Also, reflection of interests of the country’s defence sector in newly issued laws, and civil
control over military organisations’ activities are covered in basic issues of the defence
political system.
The defence legal system is whole body of laws and regulations which have been
implemented upon approval of the state in order to regulate relations related to
defence policy of the country and activities in conformity with tenets of the
documents, such as the Constitution of Mongolia, Concept of National Security of
Mongolia, Concept of Foreign policy and the Bases of the State Military Policy.
The defence social system contains a set of measures to provide for citizens’
preparedness of defence educationally, by health, upbringing, ethically and
psychologically. Most importantly, the social security of military servicemen is protected.
The defence economic system is an aggregate of the economic capability of defence. It
is an organisational measure aimed at strengthening the national economic capability;
and providing for armed forces demands by establishing a special regime in labour and
material as well as allocating financial resources from all sectors of the economy and
entities in peacetime and wartime.
The military defence system takes the leading position in the forefront of a unified
defence system. It is a complex hybrid of issues, which do not exist independent of one
another, and are interrelated with. Such issues include defending national security by
military force, executing basic measures of military and armed forces organisation and
defining ways and organisation to realise these goals.
5. Law on Armed Forces of Mongolia
This law is being followed upon its approval in 2002. Its objective is to define the Armed
forces of Mongolia, its missions, the basics of its system, structure, organisation, civil
control over armed forces, civil organisations, and officials’ and professionals’ military
command powers of armed forces, and to regulate relations in this domain.
The Armed forces missions were defined to safeguard the national independence,
sovereignty and territorial integrity from external armed incursion and aggression.
Besides the above mission, the Armed forces’ duties to implement in peacetime were
clarified. In accordance with either the approval of the Commander-in-Chief of the Armed
forces and also decisions made by the Minister of Defence, certain military units and
organisations may be engaged in economic and construction activities. State laws and
regulations and the State military policy shall define the Armed forces organisation. In
peacetime, the structure of the Armed forces comprises the General purpose troops,
border troops and Internal troops, and each of them carries out their professional duties
independently. Organisationally, the Armed forces consists of the General Staff of Armed
forces, service branch unit; logistic and technical units; military training, research,
cultural, medical, printing and information establishments, and economic and service
entities. In peacetime, a military unit has a full, under-strength or extra-under-strength
structure. The Armed forces military personnel consists of military servicemen and civil
personnel employed by military units and organisations on a labour contract basis.
According to the law, the command of the Armed forces comprise overall leadership and
professional military command. 3
In accordance with the Law on Armed forces of Mongolia the Armed forces shall fulfil the
following functions besides basic duties in peacetime.
•
•
•
•
•
•
•
3
To provide preparation to safeguard the country from external armed incursion
and aggression
To render assistance in state border protection and supervise inviolability of the
air frontier of the country
To assist in protecting and rescuing the population and their property from
afflictions caused by natural, other large-scale disasters, and the use of mass
destruction weapons within the crisis area and eliminating consequences thereof
To form, stockpile and replenish mobilisation reserves
To support training of mobilisation reserves
To guard important state objects
To assist humanitarian operations
Ibid, pp. 4-6.
•
To participate in international peacekeeping activities and to execute other duties
established by law.
Also in this law it is stated that the General Staff of the Armed forces shall define number
of military personnel and organisation of the armed forces units and organisations in
peacetime and wartime 4
6. Law on Civil Military Service Duties and Legal Status of the Military Servicemen
In the Constitution of Mongolia is stated that one of the basic duties of Mongolian
citizens shall be ‘To defend our motherland and serve in our army according to law’. The
objective of this law is to regulate relations connected with military service, basic duties
to be fulfilled by the citizen and their preparedness to defend the country; to establish the
legal status of military servicemen and to settle related issues within this framework. This
law also regulates the implementation of military duty of the Mongolian citizens, active
military service, conscription for military service military reserve service and reserve
service duties, and other forms of military service,.
Delivery of military service and implementation of legal acts and regulations on legal
status of military servicemen by the citizens and military personnel counted as military
duty of citizens.
Mongolian citizens shall undertake military duty regardless of nationality, language, race,
age, social status, origin, capital, employment, position, religion, political orientation and
education.
Military service consists of active military service and reserve service. Fulfilment of
military duties by the citizens of Mongolia in the Armed forces is counted as active
military service. The state of being enlisted on the military reserve service, and
accomplishing assigned military duties during mobilisation training and musters, as well
as other missions defined in the law, by men of age defined by law, and women with
military service assignments constitute the service in military reserve. The Law on
Amendment to Law on Citizen’s military duty and Legal status of military servicemen
regulate alternate military service.
Thus, the above mentioned law stipulates that citizens shall serve alternate service:
For the reasons of religious faith or moral/ethic belief, a citizen of age between
18-25 or the one with 2nd grade military reserve duty may join an alternate form
of military service in professional or specialised civil defence units and sub-units
or paramilitary unit for Border troops assistance and other humanitarian
organisations. Term for alternative service is 24 months. The Government shall
define the rules of alternate military service and the number of persons required
for the alternative form of military service.
Since it is not possible to recruit conscientious objectors or all young people of military
service age a suggested form of an alternate military service could be monetary
contributions.
4
Ibid, p. 46
The form of an alternate military service can be monetary contributions as a
substitute for personal active service defined by law. Conditions for allowance of
substitution payment are defined by the State Great Khural and the amount of
payment is annually defined by the Government.’
The above-mentioned provision should be understood not as substitution payment of
active military service but substitution payment of alternate service. In other words, some
of them serve in active military service for 12 months duration and others could serve by
monetary contributions or by alternate service for 24 months due to religious faith or
ethic beliefs that run contrary to military service.
Definition of legal status of military servicemen in the ‘Law on Military duty of citizens and
on the Legal status of the military personnel’, ‘Law on public service’, ‘Law on
allowances of military personnel’ and other laws of military personnel’s power and
alleviation directly influence improving the difficult military civil transition period. Military
serviceman enjoy common civil rights and freedoms as stated in the Constitution of
Mongolia and other laws and along enjoyment of certain power and rights. In compliance
with the performance of military duties also some legal limitations are given to them in
connection with armed forces designation and some peculiar features of military service.
7. Law on State of War
In the Constitutions of 1924, 1940 and 1960 it was stated that the right to declare and
terminate a state of war should be given to state governing authority power, since no
laws to regulate multilateral relations connected with these rights were issued formerly.
Particularly noticeable is the lack of a law on the High Authority of Civil Society. In
Section 3 of Article 25 of the Constitution of Mongolia stated: ‘it may declare a state of
war if public disorders in the whole or a part of the country’s territory result in armed
conflict or create a real threat of an armed conflict, or if there is an armed aggression or
real threat of such an aggression by a foreign state.’ Though there is little possibility of
occurrence of such a situation there is no guarantee of non-occurrence of that situation.
State of war shall be declared and appropriate political, economic, social, legal and
military regimes in the territory of Mongolia or in certain parts of the country in case of
occurrence of the situation stated in the provision of Article 25 of the Constitution by the
state governing authority should be provisioned. (See Appendix three)
The State Great Khural shall decide whether to declare war or not upon submission of a
decision made consultation between the National Security Committee of Mongolia upon
referral of the President of Mongolia. The president shall make a decree on the state of
war on the whole or part of the national territory when extraordinary circumstances arise
and the State Great Khural is concurrently in recess. In case of the proclamation by the
President of a state of war, the State Great Khural shall be convened for an
extraordinary session without prior announcement. At its special ad hoc session the
State Great Hural should decide within 7 days whether they approve the Presidential
decree declaring a state of war. The State Great Khural shall make the decision to
terminate the state of war made by the National Security Council of Mongolia on
termination of the emergency state of war and by submitting this decree to the State
Great Khural by the President of Mongolia.
The State Great Khural shall exercise its exclusive competence in a state of war, as it is
the highest organ of State power. This competence should be demonstrated by
establishing basis of domestic and foreign policies in conformity with circumstances of a
state of war. It shall regulate relations connected to establishing military and political
relations with foreign countries within the framework of the set policy, forming legal
frameworks for entering into military alliances and unions, endorsing joint military treaties
concluded with other country in state of war, and issuing laws on stationing and transit
crossing of foreign troops through the territory of the country.
The President of Mongolia shall regulate relations such as defining duties as the
Commander-in-Chief of Armed forces, approving implementation plans and providing
general management of armed struggle along with the leadership of the National
Security Council of Mongolia and military command. The Government of Mongolia shall
regulate relations stated in the law. It has to provide regular functioning of the basic
social sectors and infrastructure to organise the transfer of the country’s activities to a
state of war, to accept assistance from the UN, other international organisations and
supporting countries, and also to provide for the stationing of foreign troops within
Mongolian territory in accordance with law. Furthermore, the government is authorised to
prepare and allocate financial and capital resources required for combat activity of the
armed forces and consumer goods, to establish emergency regime, and to organise
implementation and demand observation of the social discipline of the state of war.
8. Law on State of War with other Countries
The objective of this law is to define the basics of the declaration and annulment of the
state of war, and to regulate relations related with other countries and its alliances, which
threaten the independence and sovereignty of Mongolia. Any country that makes a
threat to or undertakes armed incursion against the independence and sovereignty of
Mongolia, and any accomplice to such an incursion shall be regarded as its enemy.
A foreign country, which threatens the sovereignty and independence of the state with
armed action, and parties which ally in this armed incursion shall be defined as ‘enemies’
under law. A particular relationship with this enemy nation, starting from the date of the
declaration of war until its annulment, shall characterised as a ‘state of war’ with that
country.
The State Great Khural shall decide whether or not to declare a state of war only after
the National Security by way of the Mongolian President declares its opinion. The State
Great Khural has the right to directly declare a state of war with a foreign country in
special cases. The possibility that Mongolia may be in a state of war with another
country without having armed struggle is not excluded.
In case of a declaration of a state of war with other country, measures will be taken to
annul and stop the function of agreement and contract concluded with enemy prior to the
initiation of conflict, and to sever all types of relations set in political, economic and social
sectors. At the same time, after war is declared, Mongolia is to cease from international
treaties previously entered into in accordance with internationally accepted legal
standard and principles.5
5
Ts. Dashzeveg, Military Reform Policy, Purpose and Operation, (Ulaanbaatar, 2002), pp. 78-79.
9. Law on the State Border of Mongolia
The objective of this law is to regulate relations connected with implementing
international agreements on border issues of Mongolia. These agreements were
concluded to provide inviolability of the state border of Mongolia, enforce the state
border and border area regimes, organise passage of passengers and transportation
means through the state border, define border protection organisation6 system and
powers, involve citizens and organisations in border protection and charge offenders
responsible for violating the aforementioned rights7
The borderline regarded as the State Border of Mongolia is established by the
international treaties to which Mongolia is a party, and separates the territorial borderline
of Mongolia from the adjacent country’s borderlines on the earth and water. Air frontier
shall be considered all area above the line, and underground border shall be
perpendicularly downward. To establish and amend regulation on import of passengers,
transportation means, goods and animals, plants and raw materials, firstly, safeguarding
of national security should be provided, secondly, mutually profitable co-operation with
foreign countries should be expanded, and thirdly, principles of protection of
independence, territorial integrity and inviolability of the state border should be observed.
The country’s land and water borders should be monitored and protected by the Air
defence forces. If necessary, some military units could be engaged in guarding the state
border upon decision of the Commander-in-Chief of the Armed forces. It requires some
general purpose military units, sub-units and personnel to be trained on methods and
tactics of safeguarding the state borders. The border troops organisation and missions,
legal guarantees of military servicemen and citizens who perform duties in the state
border, should be regulated by the law. Missions of the air defence forces are also
defined by the law
10. Law on Engaging Military and Police Personnel in the UN Peacekeeping and
other International Activities
The objective of this law is to regulate relations connected with engaging Mongolian
military and police personnel and military servicemen and policemen’s team in UN
peacekeeping and other international activities. This law includes provisions to regulate
relations with respect to the management and organisation (Government powers,
powers of the Minister of Foreign Affairs, powers of the Minister of Defence and the
Minister of Justice, relations connected with professional management and preparation)
as well as provisions defining the salary of military personnel and policemen who
participate in such activities, and the corresponding penalties for law-breaker8
Military Rules and Regulations
The Constitution approved in 1992 defined that judicial power shall be vested exclusively
in courts. Judging and settling relations connected to military process is decided by the
ways described below.
6
Issues Faced in Civil-Military Relations: Theory and Practice, (Ulaanbaatar, 2002), pp. 84-86.
Legal Basis, p. 66.
8
Legal Basis, pp. 89-92.
7
In case of violation of the Constitution, or the Law on Defence, the Law on Armed forces,
or the Law on National security, and laws and regulations connected with the other laws
of Mongolia, committed by the armed forces military personnel, commissioned officer,
non-commissioned officer, sergeant, servicemen, other military and defence sector’s
servicemen, with criminal purpose, violators shall be charged with criminal responsibility
in accordance with the Criminal Code of Mongolia, the Civil Code, the Criminal
Procedure Law, the Law on Court of Mongolia, which were issued in correspondence
with the Constitution of Mongolia. If violation of laws, regulations, procedures and rules
have no criminal feature, to the charge will be administrative responsibility in accordance
with related laws and regulation.9
There is no separate court-martial in Mongolia. Violations and criminal cases connected
to the Armed forces military personnel are settled in accordance with the Civil Code of
Mongolia, the Criminal Code of Mongolia and the Law on Civil Court of Mongolia. Article
10 of the Criminal Code of Mongolia contains a special clause named Military crime.
In the case that a Mongolian citizen, member of armed forces, or persons liable
to military service commit any crime stated in the special clause of the stated law
by violating regulations during mobilisation, military training and musters shall be
defined as a military crime.10
Nevertheless, in the case a of crime committed during the state of war it shall be
regulated in the following way: ‘A crime violating any regulation of military service during
a state of war or proclamation of a state of war with another country shall be regulated
by the law of Mongolia approved in the stated period.’ In section 11 of the Criminal Code
a special clause is included: ‘Crime against security and peace of human being’11 This
regulates matters related with war and military operations.
Also there are Military rules and regulations that regulate internal relations of the armed
forces and other military establishments. The President of Mongolia approves general
rules of armed forces in accordance with his prerogative rights. The Military rules of
Mongolia relate to the internal activities, officials and personnel of the Armed forces. For
this it reflects how objective civil control functions, how civil-military relations are to be
conceived and whether the principle of the government division functions honestly. The
Military rules of Mongolia are as follows:
1. Military Internal Service Rules
They shall define general obligations and rights, and relations of military servicemen of
Mongolia, internal discipline of military units and sub-units, and high-ranking officers’
duties. Internal services shall be regulated during a state of war or a state of war with
another country by battle rules and present rules.
9
The Law on the Courts of Mongolia.
The Criminal Code of Mongolia.
11
Ibid.
10
2. Military Disciplinary Rules
These rules shall define military disciplinary content, military servicemen’s duties on
observance of it, types of incentives and fines and rights of governors who shall
implement the disciplinary measures. The present rules regulate relations connected
with conferring incentives to those who successfully complete disciplinary action, and
charging violators of disciplinary measures with a fine. Moreover, citizens, who are
demobilized from the army but still have the right to wear uniform must comply with
these rules in case of uniform usage.
3. Military Camp and Duty Service Rules
These rules determine principles of organisation of military camp and guard duty,
execution, organisation of camp measures with military engagement, and rights and
obligations of military officials and military servicemen.
4. Military Procession Rules
These rules regulate military personnel’s conduct in armed and unarmed demonstration,
including movement, unit, sub-unit parades with vehicles, salutations, performance of
demonstration checks, carrying of the Battle banner and positioning and safeguarding its
proper place, and performing proper parade duties12. If the violation of military rules is
that of a criminal nature, a Mongolian citizen should accordingly be charged with criminal
responsibility by applying the sections of Military Crime, Crime against security and
peace of human being and other sections of the Criminal Code of Mongolia.
Conclusion
The final objective of civil-military relations of a democratic society are security,
economical defence, and economic and business cooperation. Therefore, it is
understandable that geopolitical, geo-economical, geo-strategic trends and trends of a
regional nature shall be the basis of activities, legal programs and cooperation in every
country. Mongolian military and legal reforms are being carried out with respect to these
factors.
Regional geopolitical, geo-economical and geo-strategic trends are illustrated in
documents such as the Concept of foreign policy of Mongolia, the Concept of National
Security, the Law on Defence, and the Basis of the State Military Policy of Mongolia.
The legal environment for professionally oriented, compact and capable armed forces is
being developed thanks to by state attention to issues of the country’s security,
maintenance of defence capacity and upgrading military build-up and formation and
accomplishing effective harmonious civil-military relations.
For example, documents related to the intensification of measures of military reform
were released three times (in 1993,1997, 2002) since 1992 and approved at the state
level. The President of Mongolia (the Commander-in-Chief of the Armed forces), upon
12
The Military Rules of Mongolia.
approval initiated an organisation devoted to this purpose entitled, ‘Program on
development of military building until 2005’.
However, much depends on our country’s economic capability. It is undeniable that
certain difficulties face the military building reform process due to the influence of great
social and economic changes being experienced in our country. This results in the
limitation of Mongolia’s ability to sustain herself? In the defence sector,. Thus, measures
illustrated in the above policy documents ca not always be fully implemented.
Basic issues of defence policy such as legal reform, its upgrading, Mongolia’s security,
reform in the defence sector, development of civil-military relations, and creation of a
legal environment were strongly taken into consideration by the state. There are
increasing demands to settle these comprehensive issues related to the defence sector.
For example, there is still no processing of the law on legal status of the contracted
workers of the Armed forces, law on usage of the airspace of the country, or the law on
domestic flights in the country. It remains to be seen what the arrangements, legal
status, and ultimate ramifications of such policy could have on the future of Mongolia.
Bibliography
Brochure of the Laws and Regulations of the Defence Sector - I., (Ulaanbaatar, 1995).
Brochure of the Laws and Regulations of the Defence Sector - II., (Ulaanbaatar, 1998).
The Civil Code of Mongolia.
The Constitutional Law of Mongolia.
The Criminal Code of Mongolia
Ts. Dashzeveg, Military Reform Policy: Purpose and Operation, (Ulaanbaatar, 2002).
Issues Faced in Civil-Military Relations: Theory and Practice, (Ulaanbaatar, 2002).
The Law on the Courts of Mongolia.
The Law on Criminal Procedure of Mongolia.
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002).
D. Lundeejantsan, Security, State, Law, (Ulaanbaatar, 2001).
Military Reform Journal, I, II, III, IV 2001; I, II 2002.
The Military Rules of Mongolia.
Mongolia - An International Annual of Mongol Studies, Vol. 7, No. 28, 1999.
Mongolia - An International Annual of Mongol Studies. Vol. 9, No. 30, 1999.
Political Science, National University of Mongolia, (Ulaanbaatar, 2001).
Seminar in Civil and Military Relations, (Ulaanbaatar, 2001).
APPENDIX 1
SECURITY SECTOR LAWS BY NAME
No.
Name of the law
Approved in
Amended in
State military policy
1.
Constitution of Mongolia
1992
-
2.
National security concept of
Mongolia
1994
-
3.
Concept of foreign policy of
Mongolia
1994
-
4.
Basics of the state military policy
of Mongolia
1998
-
5.
Law on national security of
Mongolia
2001
-
6.
Law on national security Provision
1992
-
7.
Law on national security
committee of Mongolia
1992
1995, 1998,
1999
Defense
8.
Law on defense of Mongolia
1993
2002
9.
Law on Armed forces of Mongolia
2002
-
10.
Law on State Great Khural of
Mongolia
1992
11.
Law on President of Mongolia
1993
1997
12.
Law on Government of Mongolia
1993
1996, 2001
13.
Law on state border of Mongolia
1993
1996,1999,
2000, 2001,
2002
14.
Law on engagement of military
and police personnel in UN peace
keeping and international activities
2002
-
15.
Law on state secret of Mongolia
1995
-
16.
Law on personal secret of
Mongolia
1995
-
2001
APPENDIX 2
COMMAND SCHEME OF THE ARMED FORCES
IN PEACETIME
THE ARMED FORCES POLITICAL COMMAND
State Great Khural
THE ARMED FORCES STATE OF ADMINISTRATION
COMMAND
President
NSC
Government
GAA
Minister of
Defense
MD
THE ARMED FORCES PROFESSIONAL MILITARY COMMAND
General Staff of
Armed Forces
Chief and Staff of Branch
Services
Military and Civil Defense
Staff
Military Units and Organizations
NSC - National Security Council
GAA - The Government Administration Authority
MD - Ministry of Defence
APPENDIX 3
COMMAND SCHEME OF THE ARMED FORCES IN A STATE OF WAR
COMMAND SCHEME OF THE ARMED FORCES IN
STATE OF WAR
State Great Khural of Mongolia
President of
Mongolia
National Security Council of
Mongolia
Military
High
Commamd
Directorate
Defense
office
GSAF
Government of
Mongolia
MD
Other Ministries
and Agencies
Secretary Offices
of Governors of
Provinces and the
Capital City
Secretary Offices of
Governors of
Countries and
District
Defense
Operative
Groups of
General Staff of
Armed Forces
Agency
Voluntary Civil
Defense Forces
Military Units
Local
Military
Personnel
MD - Ministry of Defence
GSAF - General Staff of Armed forces
APPENDIX 4
MODEL OF CIVILIAN CONTROL OVER THE ARMED FORCES
MODEL OF CIVIL CONTROL IN ARMED FORCES
Citizen of Mongolia
Civil
State Great
Khural
of Mongolia
Control
President
of Mongolia
Subjects
Government
of Mongolia
Member of
Government,
Minister
of Defense
Civil Control
The Armed
Forces
Professional
Military
Command
Implementation
of Laws and
regulations
of Defense
Civil
Control
Defense
Budget, its
Financing and
Expenditure
Object
CHAPTER FOUR
THE ROLE OF POLITICAL SUBJECTS IN IMPLEMENTING CIVIL
CONTROL ON ARMED FORCES
Assistant Professor Ts. Tseveensuren
Deputy Director-in-Chief of the University of Defence
The Mongolian Defence system and legal basis of Mongolia’s armed forces structure
became a political issue when Mongolia resolutely chose democracy and free market
economy. Mongolian armed forces were then legalised and their functions formalised in
the Constitution of Mongolia, the law on defence, and the collection of laws on the
defence sector.
Politically, it can be considered that our armed forces, which developed according to the
experiences and organisation theory of a socialist army Soviet army structure, are in a
new period of development. This transition to a new political system and social order is
markedly different from the previous socialist social structure of Mongolia and requires
adjustments.
Today, for the first time in Mongolian history, the Mongolian Armed forces are legally
declared in the Constitution which explicitly states that ‘Mongolia shall have armed
forces for self-defence.’1
In the Law on Defence of Mongolia, adopted in 1993, legislated the principles structuring
the armed forces .This legislation provided nine provisions correlated with one another..
This illustrated a new development trend in the legal reform and structural theory of
Mongolia’s armed forces. Since civil-military relations and civil control are of utmost
importance in the present work, the following provision is important to keep in mind:
‘armed forces and other military measures shall be under civil control.’2 This is the legal
basis in Mongolia for the democratic civil control of armed forces.
In the former Soviet totalitarian regime, there existed entire control of armed forces by
the communist party, which built the state as well. Control was directly implemented
through the Central Committee of the Mongolian People’s Revolutionary Party (MPRP),
its Control Committee, the Party Commission by the Political Bureau of People’s Army,
the first stage party bureau, People’s Monitoring Committee and other public agencies.
Moreover, the control was implemented through the state administrative organisations
and their representatives.
Though these controls were different in their methods and shapes, the contents and
features were addressed by the highest institution of the MPRP in a wholly ideological
and in some respects anarchical manner. In that time, many forms of cooperation
existed between economic entities of urban and rural areas, public institutions and
civilians on the one side and army units and divisions on the other. Special partnerships,
with patterns of direct relation, were developed intensively.
1
2
The Constitution of Mongolia, (Ulaanbaatar, 1998), p. 10.
The Law on Defence of Mongolia, Law Collection of the Defence Sector, (Ulaanbaatar, 1995), p. 68.
At this time, from 1925-1990, the Mongolian armed forces basically operated only
according to the one party policy. with control coming from that party as well. Therefore,
one could equate the control of armed forces to the internal control of the party. For this
reason, the army was not willing to inform the people of failures and violations occurring
within in the army, thus causing lack of information of the armed forces. The totalitarian
regime considered the armed forces as the main tool of defence activity, so that military
matters were highly privileged. It can be said that the issues of the defence policy were
totally above criticism, even above the law.
Civilians, workers and professionals, did not have an understanding of the challenging
tasks and features of armed forces, nor did they have to cooperate together with army or
have a wide knowledge of the army. Likewise, the army, which was used to controlling
civilians, did not have a clear idea of how democratic system addressed their relations
with civilians.
More notably, civil control of armed forces was not public. The party that had the
governing power over the whole state controlled everything and anybody. An active civil
control could was impossible and there was little understanding among civilians as to
whether the situation and principles of armed forces are proper to social interests.
Under such a regime, legal mechanisms influencing army activity in the interests of the
people did not exist. People did not know at all how the measures of the constitution and
other laws, provisions and requirements on the armed forces could be fulfilled. They only
understood that as constituents of army, they must use weapons as dictated by the
resolutions of the highest political administration. Therefore, we know that during Soviet
history in some cases resolutions on army deployment without proper commands were
made by the highest political administration.
In the present social transition period, however, thorough civil control of armed forces
has not yet been implemented despite the wide range of social, political and legal
measures, which have already taken place.
In the first years of the formation of new social relations, the aim to build a defence
system and the legal basis of armed forces was set, and the Law on Defence was
adopted by the Parliament. This may be considered as a revolution in development of
defence sector. This law stipulated, that:
Armed forces and military general command shall be implemented and controlled
by the Parliament, the President, the Government and the Cabinet Member
responsible for Defence issues, within the superpower, given them by the
Constitutions, this law and other laws shall be under civil control.’3 In the law on
Armed forces of Mongolia, which was adopted by the State Great Khural in 2002,
it is defined that ‘Armed forces shall be under civil control.’4
This determines the structure of Armed forces. The Law on Amendments to the Law on
defence clearly defines the rights and duties of civil control subjects as follows: ‘Civil
control of armed forces is an open activity monitoring the implementation of the state
3
4
Ibid, 69.
The Law on Armed forces of Mongolia, (Soyombo: Ulaanbaatar, 2002) p. 24.
laws and regulations, the acts of military professional administration of armed forces,
and budget finance and its expenditure.’5
As provided in the above mentioned laws, civil control institutions of Armed forces of
Mongolia are comprised of the State Great Khural, the President of Mongolia, the
Government and its structural organisations, also NGOs, media, and political parties.
Moreover, even ordinary people should be involved in this system.
Let us now turn to the role of political institutions in implementing civil control of the
armed forces.
The State Great Khural (The Parliament)
Plenary power such as to establish activities of legal basis of armed forces, to determine
major trends of strengthening the basis of state policy and armed forces, to adopting the
budget of defence measures shall be exercised by the State Great Khural. Therefore it
directly controls armed forces.6
‘The State Great Khural is the supreme organ of the State power, and legislative power
shall be vested solely therein’7 is defined in the article 20 of the Constitution. That means
Mongolia has parliamentary governance.
Therefore the Parliament has power to discharge, abolish, and to appoint the Cabinet,
lead by the Prime Minister, and moreover to pass laws on limiting Presidential Power, to
relieve and to discharge the President.
According to the Article 25 of the Constitution, the State Great Khural ‘may consider on
its initiative any issue pertaining to domestic and foreign policies of the country’ and has
the authority on defence policy and national security levels. Some examples include;
determining the basis of the State’s domestic and foreign policies; determining and
changing the structure and composition of the Standing Committees of the State Great
Khural, the Government and other bodies directly accountable to it by the law; defining
the state’s financial, credit, tax and monetary policies, laying down basic guidelines for
the country’s economic and social development, approving the Government’s program of
action, the State budget and the report on its execution; supervising the implementation
of laws and other decisions of the State Great Khural; determining the structure,
composition and powers of the National Security Council of Mongolia; declaring a state
of war in the event that the sovereignty and independence of the State are threatened by
armed actions on the part of a foreign power, and ending it; declaring a state of
emergency or martial law in the whole or some parts of the country in special
circumstances and approving or nullifying the President’s decree to that effect.
As provided in Article 6 of the Law on Defence, the State Great Khural is authorised ‘to
establish legal basis for the defence system and implement civil control over the armed
forces and military activities.’8 This was reflected in the law, adopted in 1993. This
5
Ibid, p. 4.
Some Issues of Armed Forces Structure, GSAF, (Ulaanbaatar, 2001), p.16.
7
The Constitution of Mongolia, (Ulaanbaatar, 1998), p. 25.
8
The Law on Defence, p 62.
6
reflection gave principal significance to form a new system of civil control of armed
forces. As above mentioned, being under civil control became a principle of organising
the armed forces. Thus, this article changed. Moreover, the following rights are provided:
•
•
•
•
•
•
•
•
to prevent threat of war and resolve disputes with other countries by political
means,
to determine bases of the State military policy of Mongolia, to approve the budget
for defence measures and determine guidelines for strengthening defence
capabilities of the country,
to give special rights to military personnel,
to determine the legal basis of measures of common military rules about
limitation of their rights and freedom,
to determine the basis of social security and legal guarantees for military
personnel,
to approve or terminate international treaties of Mongolia on military cooperation,
to determine the legal circumstances of military personnel with respect to their
specific duties, to establish senior military ranks,
to carry out a decision on stationing on and passing through the territory of
Mongolia of foreign troops.9
In 2002, the State Great Khural adopted the law on Armed forces. It was a matter of
great consequence for founding the legal basis of civil control implementation and
activities regulation of armed forces according. In other words, for first time the Armed
forces were legalised. This is a clear example of how the State Great Khural gives its
citizens power to carry out civil control.
In this way, according to the Constitution and other laws, the State Great Khural has a
role in the implementation of the following rights, similar to the majority of parliaments
around the world:
1)
2)
3)
4)
to approve the related laws and budget of defence field,
to control fulfilment of laws, legislation and other resolutions,
to appoint and replace the defence minister, and
to declare a state war and a state of emergency.
In the temporary absence of the President, the Chairman of the State Great Khural will
exercise his power. The Government is responsible for the fulfilment of State laws, and
is accountable for its duties to the State Great Khural. ‘The President shall account to
the State Great Khural’10. This indeed shows that the State Great Khural is not only the
supreme institution of state power that implements civil control on armed forces, but it is
also the ‘state supreme body’.
The President
The President of Mongolia has the power to command the Armed forces both in
peacetime and wartime. According to the Constitution, ‘…the President shall be the
9
The Law on Making Amendments and Additions to the Law on Defence, (Ulaanbaatar, 2002), Nos. 24 &
25, p.3.
10
The Constitution of Mongolia, p. 43.
Head of the State and embodiment of the unity of the Mongol people…’11, the president,
as a state supreme representative who is elected by all the people, is a subject of
extreme power for implementation of civil control on armed forces. The legal fact that the
President shall be the Commander-in-Chief of Armed forces of Mongolia, carries
important weight in allowing him to exercise his duties. The President of Mongolia in
regard to national defence possesses the following prerogative rights, described in
article 35 of the Constitution;
to put a ban on the laws and other resolutions on the whole or a part of them,
which are approved by the Parliament and to give directions to the Government
on the issues in regard to his prerogative rights..., …to confer state titles and
higher military ranks and award orders and medals, to head the National Security
Council of Mongolia, to declare general or partial conscription, … to declare a
state of emergency or martial law on the whole or a part of the national territory
and to order the deployment of armed forces during extraordinary circumstances
and the State Great Khural, in between two sessions, cannot be summoned at
short notice…’,
moreover to make a decision to mobilise the army. But in article 7 of the law on Defence
of Mongolia, as the President is a Commander-in- Chief of Armed forces, his prerogative
rights are clearly defined. It is more directed towards the command of the Armed forces
and the implementation of civil control over it. In addition, the following powers are an
important source for civil control;
to control the completeness of material sources which are necessary for ensuring
the country’s safety and implementation of state army policy, to put a proposal
and summary on budget of defence acts to the State Great Khural, to approve
the military common rules, to determine the principles of conferring military ranks
to military personnel12
According to his prerogative rights, the President shall give a speech and express his
comments while the budget of defence acts are discussed by the State Great Khural
annually. It gives a stimulus and a basis upon which to approve the military budget.
According to the article 13 of the law ‘on armed forces’ it is described that the President
is the Commander-in-Chief of Armed forces. Because of this, the President shall have
rights to adopt the organisational scheme of armed forces in time of war and peace, to
corroborate the plans that use the armed forces in war and to confer private to higher
military ranks of the combat readiness, to make a resolution concerning the beginning of
a war according to the related laws and legislation, to give a resolution to transfer the
armed forces to the organisational structure of wartime, to approve the doctrine of using
the armed forces, to adopt the charter of the General Staff of Armed forces, to appoint
the commander of the General Staff of Armed forces on the consultation with the State
Great Khural, to make a resolution to support the protection of the state border and
particular objects with general use soldiers, and to determine the principles of
participation of divisions and organisations of armed forces in economic activities and
construction work. Also the proposal that the president of Mongolia makes a clarification
11
12
Ibid, 36.
The Law on Defence of Mongolia, p 63.
of the changes in international and regional army, politics, economy, science, technology
and military acts, as pointed out in the State Great Khural.13
Considering that, the President of Mongolia is firstly the Commander-in-Chief of the
Armed forces, secondly the head of the National Security Council of Mongolia, thirdly,
the subject empowered to declare conscription and a state of war upon consultation with
the State Great Khural, as well as, fourthly, to transfer army and to exercise civil control
in time of war and peace.
The Government
According to the Constitution, the Government is ‘the highest executive body of the
State.’14. The Government shall exercise ‘the following powers: carrying out State laws
and directing the economic, social and cultural development of the country.’15 Also it
possesses considerable power with respect to defence. For example, to organise and
ensure nationwide implementation of the Constitution and other laws, … to work out a
comprehensive policy on science and technology, basic guidelines for economic and
social development, the State budget, credit and fiscal plans and to submit these to the
State Great Khural and to execute decisions taken there within, to elaborate and
implement comprehensive measures on sectoral and inter-sectoral development, to
strengthen the country’s defence capabilities and to ensure national security.
According to the article 13 of the Law on Government of Mongolia, the Government has
the following power to defend the state and to ensure the national security:
to work out and implement the military policy of defending the state and ensuring the
national security, to run activities to strengthen the armed forces, to give the direction
in order to defend the state border, work out and implement the policy to ensure the
national security, to make a fund of material sources that are required to defend the
state and to provide the national security, and to run activities to supply this fund,
and organise activities to defend the state secret.16
Also according to this law, the Government shall take measures to protect the population
from natural disasters, to eliminate the consequences of natural disasters, and to
manage civil defence work.
In the Law on Defence of Mongolia, the prerogative rights of the Government are
indicated in detail. For instance, the Government is:
•
•
13
to direct activities of the state administrative organisations, the local authority and
the local authority units on the issues of defending state and local defence’17
to submit a draft budget for defence measures to the State Great Khural
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 1998), p. 23.
The Constitution, p. 45.
15
Ibid.
16
The Law on Government of Mongolia, (Ulaanbaatar ,1993), No. 78, p. 4.
17
The Law on Making Amendments and Additions to the Law on Defence, (Ulaanbaatar, 2002), No. 24, 25,
p. 3.
14
•
•
•
•
•
•
•
•
•
•
•
•
to carry out decisions on establishing or dissolving military units and
organisations in consultation with the Commander-in-Chief of the Armed forces
to define locations of military units and organisations, and issue land permission
for the territories to be utilized for defence needs
to approve mobilisation plans for state administrative organisations, provinces
and the capital city
to define the size of material sources necessary for state and armed forces’
mobilisation needs, and organise measures for their formation and utilization
to provide state mobilisation readiness in peacetime, and when necessary, to
switch the country to a state of war according to the decision of the State Great
Khural or President of Mongolia 18
to instruct the activities of the NGOs and state administrations in order to educate
people with patriotic ideology and to form proper civil military relations
to determine and implement the policy that is directed towards enhancing the
wishes and interests of citizens to fulfil military service duty19
to determine the number of conscripts for each year, as well as the number of
reservists to participate in mobilisation exercises and training, and set up a
timetable for conscription in consultation with the Commander-in- Chief of the
Armed forces;
to conclude agreements on military and military technical cooperation with the
governments within the competence provided by law
to establish state administrative organisations in charge of border protection and
civil defence, to appoint or dismiss their heads according to a proposal by the
Member of Government in charge of defence
to solve issues related to providing the armed forces and other troops with
necessary equipment
to define the types and volume of armament and military equipment acquisition
from abroad, and upon the State Great Khural’s approval, allocate necessary
funding.20
The Government of Mongolia has the following duties:
1)
to implement the State Great Khural decisions on defence policy and
activities
2)
to fulfil the mobilisation task of administrative units of aimag and the
capital city
3)
to finance the measures, which are directed to strengthen the armed
forces and ensure the country.
From this, it is clear that the Government is an institution that fulfils its authority on one
hand, and initiates civil control on the other hand. It accomplishes this by way of
implementing the activities of the state policy on defence, regulating the adopted budget
and finance, and providing the readiness of armed forces. In order to fulfil these duties,
the role of the Ministry of Defence has become the leading institution which carries out
administrative and democratic civil control of armed forces.
18
The Law on Defence, p. 64.
The Law on Making Amendments and Additions, p. 3.
20
The Law on Defence of Mongolia, p. 64.
19
Ministry of Defence
Ministry of Defence, the central state administration in charge of defence, has to fulfil the
following duties:
•
•
•
•
•
•
•
to approve mobilisation plans and defence policy, and organise its
implementation
to submit proposals on providing the Armed forces with army techniques and
other materials, and to implement the resolutions on that matter
to educate and train personnel in defence field and to represent legal interests of
military personnel
to supply the Defence Sector with progressive technology and to work out
policies on modernisation of technical equipment, and to implement and
supervise resolutions in this regard
to define policy research work and study in the defence field, and to organise its
implementation;
to determine the kind of research work and data required for defence activity
plans and to make them operational;
to determine the number of fixed-term conscripts, timetable of mobilisation each
year and to put forth a proposal to the Government to determine the maximum
number of professionals to be mobilised in order to work on contractual basis, on
consultation with the Ministry of finance21
In article 1 of the Law on Amendments in the Law of Defence, it stipulated that ‘the
Member of the Government responsible for defence issues shall be separated from
active military work,’22, and his rights and duties are determined as follows:
•
•
•
•
•
•
•
•
21
22
to implement defence policy
to submit proposals on the issue of improving the national defence system to the
Government and the National Security Council, and to the Commander-in-Chief
of the Armed forces
to submit general military rules to the President for approval
to make agreements on defence cooperation with other countries within the
competence provided by the Government;
to submit a draft budget for defence measures to the Government, and to control
the expenditure of the adopted budget
to appoint and to discharge defence inspectors
to control the implementation of defence laws and regulations, the president’s
command on defence issues, resolutions of the government and ministry of
defence in related organisations and labour units, and to give instructions on their
implementation;
to solve the issues of eliminating, abolishing, transferring and receiving movable
properties that belong to the fixed capital as well as immovable property of the
legal persons of defence sectors who are subject to the Law on State Property,
and to control the orders;
The Law on Making Amendments and Additions, p. 4.
The Law on Making Amendments and Additions, p. 3.
•
to submit proposals on the privatisation of properties of legal persons who are
subject to the Law on State Property in accord with the government.23
According to the Law on Armed forces, the member of the Government in charge of
defence has the power to determine policy in reference to the social, economical and
legal basis of the armed forces and to organise the implementation of proposal on
strengthening the armed forces of the Government and the National Security Council, to
account it to the Commander-in-Chief of Armed forces, to organise the activities to
provide the armed forces with military weapons of general use, techniques, equipment,
to submit a proposal on the reform of military weapons of general use and techniques, to
resolve and make regulations on the budget classifications of general army use.
The Ministry of Defence is a basic institution for carrying out civil control of armed forces,
managing and regulating the activities of armed forces, and to supplying it with required
materials, and implementing the state defence policies within the country.
The National Security Council of Mongolia
The National Security Council of Mongolia is a State Consultation organisation which
coordinates the comprehensive policy development of the state for ensuring national
security and its implementation. It is also empowered to control implementation
measures. This council accounts for its duties and actions to the State Great Khural. The
President, the Chairman of the SGK and the Prime Minister are members of the National
Security Council of Mongolia. According to the Constitution, the head of the National
Security Council is the President. and he has the power to lead the Council activities in
general, to determine and fix agendas, to chair meetings, to represent the council and to
organise the working group.
As described in Article 4 of the Law on National Security Council, it has duties to control
the implementation and regulation of policies ensuring national security such as
strengthening the existing security of the State by investigating of the social and political
life of the country, and safeguarding the state and social structure as defined by the
Constitution. Furthermore, it can submit proposals on the basis of the state military
policies to strengthen the structure and organisation of the armed forces, determining
the defence policies of the State by the President of Mongolia to the State Great Khural.
Finally, is has the right to determine necessary measures by making investigative work
on international society, economy, science, technology, army and politics in terms of the
interests of national security of the State.’24
The National Security Council consists of its council members, secretary, advisor,
reporter and researcher. The secretary of the NSC is authorised to do research work on
the matter concerning the basic rights and duties of the Council, to assess and evaluate,
to justify decisions, to organise how to control implementation, to assist the council in
making use of their authorization, and to inform them on studies and surveys and news
about the National Security. The President appoints the secretary of the Council.
23
24
Ibid, p. 4.
The Law on the National Security Council of Mongolia, (Ulaanbaatar, 2002). 11, 5xx, p. 47.
The vice chairman of the State Great Khural, the head of Standing Committee of
National Security and Foreign policy, the leaders of the party represented in the State
Great Khural and factions participate in meetings of the Council with advisory right.
Cabinet members of the Government, heads of special agencies and administration
members of the General Staff of Armed forces shall be reporters and be responsible for
investigating the issues of ensuring the vital national interests and security in the related
fields, and determining necessary reports, comments and draft resolutions in order to
submit them to the Council meeting, and to implement them in their units’ field.
Highly-professional scientists and experts shall be nominated as specialists of the
council on an honorary basis. They are responsible for making professional summaries
on investigation and research into the drafts of Council resolutions and certain issues
ensuring the national security.
The Council establishes working groups on vital issues such as domestic and foreign
events which especially benefits national security and has a scientific division dealing
with research. The Laws on the National Security Council determine these issues. As
described in this law, the Council shall have the following rights:
•
•
•
•
•
to ‘make a summary by discussing the implementation process of the related law
and ideology of the national security;
to work out the basis of the state domestic and foreign, and the defence policies
ensure the national security, give direction to decide extraordinary issue related
to the implementation of it;
to audit and to know the related organisation on the involved issues of the
direction of the Council, hear their leader’s report and information, give them
advise, direction and teachings;
to give the task and demand to the organisations that have a role of
implementing the state policies and ensuring the national security, as described
in the rights
to take required results of the investigation and information from the related
organisations in the task, advice, and agreement, fund and undertake research
about important national security issues, funded as a form of scientific project’.
As described in Section 2 of Article 25 of the Constitution, the council exercises an
important role in organising the resolutions about the declarations of a state emergency
when extraordinary circumstances arise, or implementing the state of emergency
situation, which goes into force on command of the President of Mongolia.
Although resolutions of the Council should be features of instructions, these
constructions shall be verified as a solution of the central and supreme state
administration bodies, and it legislated that the implementation of the solution shall be
informed within a certain period. The related state administration body shall provide the
National Security Council with necessary information, and the information database is
established according to above-mentioned law and the internal job instructions of the
National Security Council of Mongolia, which was adopted by the President of Mongolia
on his command No155 of 1999.
As provided in the documents ‘Basics of State Military Policies’, the National Security
Council shall exercise to’…regulate the implementation of the state military policies by
the law and legislation, examine how the state policies are reflected in these laws’25
The State Great Khural also exercises the power to examine the acts of Armed forces
through the central state administration body in charge of defence. As a Commander-inChief of Armed forces and the Head of the National Security Council, the President shall
exercise prerogative rights to supply the armed forces with regular administration, define
and approve legal acts necessary to the implementation of military professional
administration, inform the State Great Khural, consult with the Government on defence
issues and give directions. The National Security Council is a main consultation
organisation, and moreover, the working unit of the council is responsible for supplying
the state and the government leaders with necessary information and consultations.
Thus, the policies and activities of the State Defence, and legal system of civil control on
Armed forces are constituted successfully, and it may be summarised that in last 10
years, civil and military organisations have been cooperating productively on issues of
the implementation of these basic legal acts. As a result, the State Great Khural is a
social institution which has an important power to form civil control mechanisms of
armed forces, leading and directing the defence policies and activities by implementing
modern parliamentary control of the armed forces.
Control System of the State Great Khural
Civil control of the Armed forces of Mongolia is to be exercised by the President and
national representatives in the State Great Khural, which were elected by the people,
themselves. Civil control mechanisms implemented by the Commander-in-Chief of the
Armed forces, the State Great Khural and the Government are correlated and
compensate each other. The State Great Khural exercises the main control on the
Armed forces without sharing it with other governing subjects. Therefore, it can be
considered as the most integral part of civil control of the Armed forces of Mongolia.
In the following, the matter shall be broken down in terms of Mongolia as a leader and a
representative. As a leader, the State Great Khural may exercise its power to control the
Armed forces through the Government and its fully authorised members
(representatives). The Standing Committees have plenipotentiary power to examine the
implementation of adopted laws and resolutions of the State Great Khural, and have the
power to influence policies and activities of the executive governance. But, the State
Great Khural members carry out civil control of Armed forces through the Standing
Committees, the Cabinet Secretariat and its members who are responsible for defence
issues.
The State Great Khural has a special role for developing a control system and
constituting a legal basis of the defence domain. Until 1990s, there was basically no
other law or legal acts other than the ‘Law on Military Service Duty of all people of the
People’s Republic of Mongolia’ (1981) which regulated relations in the defence sector.
Later, in 1990s, legal work was done with articles related to the defence field of the
Constitution, security concepts, military doctrine, as well as Law on Defence, Law on
25
The Bases of the State Military Policy of Mongolia, p. 7.
Border, Law on Civil Defence, Law on Legal Condition of Military Personnel and CivilMilitary Roles.
The Constitution, and the law on legal stipulations of military personnel and civil military
role were adopted by the State Great Khural in 1992; the Law on Defence and the Law
on Border were adopted in 1993; the Law on Civil Defence, Law on Subsidy and
Pension of Military Personnel, Concepts on Securities and Foreign Policies, basic acts of
military doctrine were adopted in 1994, and the law on Armed forces was adopted in
2002. With this framework, the legal basis of defence field was constituted.
Standing Committees
The Standing Committees are special forms of organisational structure of the State
Great Khural. As a common standard of the parliament, the Standing Committees
perform the main part of the activities of the State Great Khural. Therefore, the main
body of civil control on Armed forces is also the Standing Committee. In accordance with
specific responsibility areas, the State Great Khural keeps seven Standing Committees.
Within the responsibilities of the Standing Committees, issues of the Defence Sector are
divided in the following way:
1)
•
•
•
•
The Standing Committee on National Security and Foreign Policies,
Policy of ensuring the national security of Mongolia
Defence and Armed forces of Mongolia
Saving and storing State secrets and
Border sovereignty of Mongolia and its protection
2) Standing Committee on Social Policies:
• Social welfare of military personnel
• Labour relations, labour welfare.
3) Standing Committee on the State Structure:
• An executive supreme body, Presidential structure
• The administration units of Mongolia, … its administration, organisation, and
activities
• The public service
• Governmental organisation
4) The Standing Committee on budget:
• State budget, state income and outcome
• Budget consolidation, budget performance and budget control
5) The Standing Committee on Judiciary
• Legal policies of Mongolia.
These Committees possess the common power to ‘implement the control of the State
Great Khural within the related action work, determine the issues that will be discussed
in the session and make preparatory proposal and summary’26 on defence issues. This
is pointed out clearly in article 13 of the Law on State Great Khural. Standing
26
The Law on the State Great Khural of Mongolia, (Ulaanbaatar, AE. 1992), No. 67, p. 3.
Committees exercise certain defence related powers according to their area of
responsibility.
To give an overview of SGK powers towards civil control the following examples shall be
given: to keep control of the implementation of laws and other legal documents enacted
by the GSK and on the work of units that report their activities directly to the State Great
Khural; to hear and discuss the report of speakers of the Government, and its members,
as well as of other organisations appointed by the State Great Khural; to make questions
and to receive answers; to make proposals or summaries of appointing, selecting and
discharging of responsible persons of the above mentioned organisations; to collect
information such as research, report, news, and make conclusions about the
implementation of the resolutions of the State Great Khural; to hear information on the
implementation of laws and other legal gestures of the SGK as well as on issues that will
be discussed in the Parliament session, and to request related organisations to issue
evaluation data, report, survey results; to keep control of the SGK; to make public
surveys or to ask professional institutions for a summary concerning any draft law; to
appoint a working group of experts and researcher. Thus, the Standing Committees are
furnished with strong power to control the implementation of laws and resolutions that
are adopted by the State Great Khural and as well as to influence the activities and
policies of the executive governance.
Within the power of the Standing Committee, the following procedure is used in civil
control implementation: The Ministry of Defence is to request the commander of the
General Staff of Armed forces to hear his reports, to receive civilian’s petition and
offence on armed forces and defence field, and to make a decisions in this regard. Also,
reports of the Minister of Defence will be heard in the plenary sessions of the State
Great Khural and in the meetings of the National Security Council meetings. Some
instructions will be given to the Minster of Defence.
As for Mongolia, having parliamentary governance, it is more appropriate that the
Standing Committee on Defence implements civil control on Armed forces through the
Government. In addition, the State Great Khural has the opportunity to maintain control
in cooperation with State Control Committee, being introduced to the results and taking
measures based on the outcome of this procedure.
State Control Committee
The State Control Committee was an organisation authorised to control the income of
state, centralization of its budget, diversification and expenditure of budget properties,
and monitoring controls on maintenance, expenditure, storage and protection of state
properties. In addition, it examined whether civil servants and state officials abused their
power in certain cases. The budget of the State Control Committee had to be enacted by
the State Great Khural. The committee was financed by the state centralised budget. As
indicated in section 5 of chapter 6 of the Law on State Control (no longer in force), the
State Control Committee annually accounted for its activities to the State Great Khural.
Therefore, it facilitated the implementation of parliamentary control.
As the Law on State Control was no longer in force, the State Control Committee was
renamed the National Auditory Office, and its activities are extended. The new Laws on
State Audit (2003) and State Control (2003) regulate these relations.
As indicated in the aforementioned, the ‘State Control mechanism covers the control of
the State Great Khural, the President, the State Auditory Office and of the control the
state administrative units (hereafter referred to as ‘professional control’), control of the
Constitutions Court, arbitrary, prosecutors, local self-governing bodies and the control
which shall be kept according to the present law’ 27. The ‘System of State Auditory Office
consists of the State Auditing Centre and local institutions. The State Auditing Centre
shall be represented by the National Auditing Office and the local institutions shall be
represented by the auditing offices of provinces and the capital city’ 28. As indicated in
the Law on State Control, the Government ‘shall regulate the issues of organizing
relations between professional control institutions, and make decision for building a
fruitful system of administrative control.’ The Ministries and agencies ‘keep control over
the implementation of laws and legislation, Cabinet resolutions, and decrees of the
President on legal party of related organisations and legal persons having state, and to
hear, if necessary, reports of the authorities of that organisation29 The Professional Audit
Control Centre ‘keeps control on the implementation of principles that are legalized by
the state organs on the basis of laws.’30 In this way, the professional control system is
fused and use of civil control is achieved through this system. In the Law on State Audit,
‘the General Auditor of Mongolia and accredited auditor by the State Great Khural shall
make an audit on the expenditure of budget properties for intelligence offices, armed
forces and executive police office.’31 ‘It is prohibited that all persons other than the head
of the National Security Council and the State Great Khural, other organisations and
officials monitor the activities of the National Auditory office and General Auditory of
Mongolia and give instruction for work performance.’32
To create any control process takes a lot of time and requires manpower. At the present,
the State Great Khural is facing difficulties exercising efficient control of the
implementation of laws. For this reason, as indicated in the Law on State Control, there
is an opportunity to build a system that makes it possible to keep accountability in
cooperation with the State Control Committee or to make a request on certain issues to
the Central control committee for monitoring. That could be a possibility to improve
results.
Realities of Parliamentary Control
The Members of the State Great Khural play an important role in implementing
Parliamentary control, and within this practicing civil control on armed forces.
Compared to Western countries, the defence sector is not a political issue in the
constituency of the members of the State Great Khural because defence industries are
not developed in our country and relatively few ordinary people work in military units.
Therefore, many other problems which have to be urgently solved within the four years’
legislation period will decide issues in the constituency. The next election result will
depend on how a Member of Parliament solved urgent problems in his constituency.
27
The Law on State Control. Law of Mongolia; Government Reports, No. 2, (Ulaanbaatar, 2003), p. 41.
Ibid, p 45.
29
Ibid, p. 41.
30
Ibid, p. 42.
31
The Law on State Audit of Mongolia, Government reports, Ulaanbaatar, 2003, No. 2, p 48
32
Ibid, p. 45.
28
Due to this, even though it is beneficial that the micro management problem, common in
parliaments of ‘western countries’ emerges, the Members of the State Great Khural are
not interested in defence issues. There is no way to give priority to interest of time by
ignoring the national security issue, for it is of significant importance to provide the
members of the State Great Khural with defence information and knowledge.
There is no specific case in legislation that represents the interests of armed forces
personnel and other troops. For this reason the State Great Khural faces certain
problems in pursuing proper policy towards the Defence Sector. Election results in 2000
showed that military officials are able to compete in Parliamentary elections and to reach
necessary results to bring military representation into the parliament. It is clear that
reasons such as having served in the army and worked in military institutions provide the
members of the State Great Khural with more information and advice in addition to
consultation with government and non-government organisations and research institutes
that are experienced in national security and defence fields.
To have military representatives in the parliament by competing in parliamentary election
and to have many members that support the state military policy, defence and armed
forces are essential for ensuring the integral policy in the defence field, as well as for
prudent distribution of the budget and controlling the expenditure.
The Government plays a basic role in defending the country, reforming and developing
the armed forces. This power is implemented through the Ministry of Defence. A
referent, who is responsible for the defence field, works in the division of the centralised
administrative offices of the Government, and regulates the issues related to the defence
field. This referent assists the Government to formulate resolutions and to publicize data
and research other important sources.
The Ministry of Defence, central administration for defence issues in civil democratic
society, has an important role in civil control implementation of the Armed forces. The
legal basis of this work has been already discussed above. However, in order to
implement civil control of the Armed forces, the Ministry of Defence provides
administration authority, trains military personnel, represents interests of military
personnel, supplies people with necessary news and advertises military policy among
them. He additionally publicizes ‘Mongolian Defence White Paper’, control training,
arms-techniques, material equipment and readiness of war and mobilisation of armed
forces, and makes summaries of real results of military action.
For the first time, in 1996 the Government of Mongolia appointed a person without
military background as Minister of Defence. Between 1996-2000, the Coalition
Government resigned three times. In that time the Minister of Defence was replaced in
short periods. That did not give any opportunity to become acquainted with defence field
activities or carry out steady actions and perform effective civil control. Also, it had
several negative consequences. Firstly, the ordinary politician did not have a chance to
get acquainted with defence policies and activities. Secondly, military personnel consider
politicians as temporarily authorities, and finally, the value of democracy deteriorated. A
Defence Minister without military background is an administrative person responsible for
implementing civil control of state administrative units. In our country, it is considered to
be important to determine the power of the defence minister by laws and to strengthen
his position through support of professionals who are specialised in defence issues. The
issue of having a minister of defence, who is a member of the parliament at the same
time has been discussed too. On the one hand it is advantageous to have a parliament
member, who is an expert on defence issues. However, on the other hand, it is a
disadvantage for implementing civil control on daily activities of defence because the
minister, who is a parliament member, does not have time enough to work in the Ministry
of Defence.
The Administrative Control Service of Defence (ACSD), which was founded to control
defence sector activities, clearly contributed to the duty fulfilment of civil control. This
organisation runs activities within the authority of the Minister of Defence given to him
with respect to his power to carry out civil control on armed forces. According to ‘the
Temporary Rules of Administrative Control Service of Defence’, adopted by the order of
the defence minister, the Administrative Control Service of Defence is an organisation
with the goal of implementing defence objectives by way of controlling the
implementation of laws and legislation of regulating defence relations, the President’s
decree, resolution of the Government, the order of the Defence Minister, rules and
procedures adopted by high authority organisations in the field of defence and state
central and local administrative units. Additionally, it has to protect against violations,
investigate reasons for these infractions and recover losses. The ACSD exercises
control according plans that can be developed independently and on its own initiation.
The control activities shall be run within given power on request of higher authority and
citizens’ information. This method gives for the first time the opportunity to the civilians to
take control on the defence sector activities by means of administrative control services.
But responsibility areas control organisations overlapped. At the state policy
development level, this issue was strongly considered. In order to improve the
professional control quality and its result, the State Professional Control Office was
founded with the aim to execute control according to a unified policy. Within this
organisation, a state control inspector is responsible for defence issues. Due to this
change, the above mentioned service was cancelled.
Although the State Great Khural is successfully fulfilling its duty of legislating laws in the
defence field, it can be concluded that the system of fulfilling and implementing control is
not yet fully complete. The following study shows that the Presidential Institute fulfils
properly its duty of managing military activities and providing civil administration of
armed forces.
P. Ochirbat, the former President of Mongolia, initiated the document entitled, ‘The
Bases of the State Military Policy of Mongolia’. This legal document enacted by the State
Great Khural was related to defence sector . Also, he played an important role in
developing foreign relations with two neighbouring countries and as well as establishing
relationships with democratically developed western countries in defence field and
strengthening military confidence of Mongolian Armed forces.
The second Presidential Election of Mongolia took place on the May 18, 1997, and N.
Bagabandi, who was the candidate of MPRP, was elected as the second President of
Mongolia. He proposed three tasks in his election agenda of 1997:
Firstly, to ‘resolutely observe the policy to reform armed forces and other soldiers to be
qualified and capable, give strength to more developed management system of armed
forces and other soldiers from the government, provide social and legal assurance of
defence activities, military service, police and frontier guards’ constituents’. Then, in the
2001 Presidential election, his re-election showed a positive influence on strengthening
civil control system on armed forces in the transition period. Firstly, it was a ‘golden age’
to fulfil the laws, adopted on defence field, security and foreign policy, legal documents,
which have features of ideology and military doctrine, and to deepen modernisation of
defence field. Also in this period, civil formed system of military administration requiring
that the President performs the duty of a Commander-in-Chief of Armed forces, started
to develop. N. Bagabandi executed resolute policies to maintain unity and cohesion in
the armed forces in the period 1997-2001. It showed that he was rather qualified on
issues of defence policy and armed forces. Thus on his re-election, continuity and quality
of executive governance improved and it has played an important role in the
development of the new structure and system of the defence field.
Secondly, the President of Mongolia established a practical system to determine issues
of security and defence policy on the basis of the National Security Council, to initiate
and cultivate legal documents, to separate defence policies and activities from
challenging issues and political interests, and to be responsible for the issues of
protecting interests of military personnel.
Thirdly, he considered important that the Armed forces receive civil democratic, and on
the opposite side of the spectrum, military professional advice on civil administration. For
this the president appointed created the position of private secretary of commander-inchief of armed forces and the position of a President’s advisor on military issues in 2000.
High-ranking military officers were appointed to hold those positions. It was significant
that, firstly, the president has the possibility to receive military professional advice on
issues of armed forces, and secondly, civil administration is able to pursue optimal policy
towards the defence sector.
The President, as a subject that initiates law, appoints working groups for developing
draft law on defence sector and introduces this document to the State Great Khural. This
procedure creates a situation in which the Parliament members could be attracted to
defence issues and also the interests of the defence sector armed forces and its
personnel could be represented in the Parliament properly. For example, in the period
1997-2001, the President of Mongolia appointed working groups involving experts.
These groups processed six draft laws, and proposed them to the State Great Khural.
The president of Mongolia pursues the policy to appoint working groups on issues like
military doctrine and modernisation programs in order to receive summary and proposal
of them and gain wider knowledge and information on military issues. Additionally, he
hears the reports of the of the Minister of Defence and the Commander of General Staff
of the Armed Forces, visits units and offices of armed forces, and becomes acquainted
with the overall activities. This policy has proved successful. Compared to other
executive governance organisations of the country of the transition period, the
President’s Institute of Mongolia has had an opportunity of having power and rights that
are strongly legislated by the Constitution and other laws. That gives them a chance to
regulate the main issues related to armed forces independent of politics. For example,
the President of Mongolia adopted ‘Doctrine of using armed forces of Mongolia’,
‘Development Program on Military Structure until the year 2005’, ‘Procedures of giving
military ranks’ and ‘Rules of participation of military units and organisations in business
units’.
Compared with other institutions of the government, the President puts rather wide
control on the activities of the armed forces. For example, in 2000 the President
prescribed a strict deadline for submission of reports and information about the
implementation of defence law and legislation, the financing of defence budget and
expenditure, and the fulfilment of responsibilities of the Armed forces and other military
laws. Also the President regularly receives reports on program implementation and
formulates pertinent agendas as well If necessary, issues are discussed in meetings of
the National Security Council. Between August 1997, and March 2001, the President
was introduced to the activities of 16 units of armed forces, the National Defence
University, 12 units and cartridges of border and internal troops, and also to the process
of civil defence and field exercises. Then the President attended the conferences of
administrative officials’ of armed forces. The fact that the president is commander-inchief of the armed forces positively influences the implementation of civil control on
armed forces, the separation of armed forces from politics and the protection of interests
of the defence field.
As briefly summarised, Mongolia has 10 years of experience of parliamentary
governance with democratic formation. Compared to Western Parliaments, it is a
relatively short time. Since 1992 there have been three Parliamentary elections. Many
laws and documents related to defence field were adopted during this timeframe. In
other words, the parliament of our country constitutes a legal system to fulfil civil control
of the armed forces. It may give the impression that the members of the State Great
Khural do not pay much attention to defence policy and security issues during discussion
in parliament. However, these discussions on draft laws related to the defence sector
are often slowed down and postponed. Sometimes the adopted laws on defence issues
are not even interrelated with one another.
Furthermore, although many laws and legal documents related to the defence field have
been adopted, it can be noted that often narrow-minded interests of specific
organisations work against each other and impede the legislative process. Furthermore,
some organisations resolutely implemented these laws and legal documents but came
from diametrically opposed interests. This ultimate success could be due to the fact that
these laws were well processed.
The mechanism that gives information and advice to the Members of the State Great
Khural in order to help provide them with political authority and to implement civil
democratic control on armed forces is not yet fully constituted. The researcher R. Bold
observed many years ago that
Today’s State Great Khural which has an overwhelming tendency of adopting
laws and budget on being supported by professional lobbyists who defend the
interests of their field and professions, can not address defence issues in terms
of being political policy. Therefore, laws that are dividing the armed forces into
small parts according to professional differences, are not proper to our country
which is small anyway. This shows that the State Great Khural is far from
understanding military policy. In this condition, the research centre of the State
Great Khural has to play an important role in providing the members with
information related to defence field33
The Research and Investigation Unit of the State Great Khural has the basic function of
providing members with required information, researching for members on law and other
33
R. Bold, Civil Control of Armed Forces: The Security Environment of Mongolia on some policy issues of
Defence, (Ulaanbaatar, 1996), p. 256.
resolution drafts that are discussed during the session, and to prepare references using
books, publications and archive materials. The Research and Investigation Unit is
comprised of two parts, the library and archive. The research working group functions:
•
•
•
•
to process draft laws to the State Great Khural, to make necessary research and
investigation and to put forth proposals for fulfilment of adopted laws;
to research Parliament and evaluate its results, exchange information with
organisations of foreign parliament that have similar functions, make joint
research and establish business relations;
to gather necessary information for internal data network of Secretariat Office of
the State Great Khural from foreign and domestic resources;
to introduce information and proposals about the researching process and its
results to members of the State Great Khural and the relevant expert, and to
advertise it upon their approval.
The research and investigation unit has in total 15 officials, eight of whom work in the
research section. In all, 75 per cent of officials of the research section are philosophers
and sociologists. The remaining are lawyers and engineers.
Almost every issue the Unit deals with is related to security of the country and the
defence field. It is clear that a wide range of information gathering and research on
making laws and resolutions is required to regulate relations in this field. But there is not
possible to hire further personnel or construct other apparatus’ for procuring other
essential and required information. Therefore, it is important to receive comments and
results of research and investigation from other organisations, scientific researchers, and
specialists of various fields. Taken as a whole, these research products can be
considered to reflect a wider consensus on issues of national security and the defence
sector and prove extremely useful to researchers of the unit. This research then
becomes a main bridge aiding in the initiating of further research and reflecting the
knowledge of outside organisations and experts on issues related to national security,
defence and armed force. Moreover, it is a bridge to implement civil control and
strengthen relations between the government and people.
The State Great Khural does not determine laws, but instead mainly adopts proposed
laws. It has the advantage of influencing issues concerned in draft laws and resolutions.
But it is disadvantaged in that it must consider regulating relations in a wide and various
contexts. For example, it is required to constitute a unit, reflect the position of an official
or system responsible for issues controlling the implementation of laws related to the
defence field in daily life, to save continuity in policies, to protect from lawmaking that
support the interests of only one ministry and agency, and to unify the overall policies
and activities of all fields under the umbrella of the State Great Khural. However, the
State depends on budget capability, and if the purpose of the policy is on target, the end,
product could cut costs in the long term.
People’s participation is essential for the successful implementation of civil control of
armed forces. That will happen in the following ways: through the State Great Khural, the
democratically elected, supreme state organ, through all local self-governing
administrative units, people’s representatives; through research on the ‘Mongolian
Defence White paper’, and press and media efforts to receive accurate information;
through active participation in all the activities of the armed forces; cooperation in the
form of non-governmental organisations; and involving all related organisations in
economising the defence budget.
Civil Control
Civil control of armed forces is not a temporary action, a planned control or an
examination respectively. It is a permanent and comprehensive action depending on the
structure of the civil democratic society, social system, and formation of the activities of
institutions that exercise state power and legal regulation. Moreover, it depends on
qualification and knowledge, discipline and commitment of authorities of all
administrative units and political culture, social awareness and views of organisations
and civilians.
The formation of the compact, qualified and professional army depends on several
factors. First, the subjective civil control system should be established in relation to the
activities of the President and Parliament, who are established through a democratic
election process, and its Government, the centre of executive governance and local
administrative organisations. Second, budget revenues resulting from honest work of the
manufacturer-producer-tax payer must be sufficient, and its distribution optimal. Finally,
the army must be hardworking to be professional and prepared. The very aim of civil
control on armed forces is to create Forces having high capabilities to ensure the
security of the nation in any condition. In other words, civil control is wholly oriented
towards having such a qualified Armed Force. This is provided by the results of above
mentioned comprehensive and interrelated activities.
As indicated in the new Constitution of Mongolia, ‘Our precious goal is to build a human
and democratic civil society in the country’, by defining the orientation of its
development.
In the system of a democratic civil society, the Armed forces stay out of political activity,
and shall always intensify professional capability in order to be ready for successfully
fulfilling their duty of ensuring independence, territory integrity, and sovereignty.
While armed forces of totalitarian societies are under control of one party, which
possesses the state power, in civil democratic societies armed forces are commanded
by the state and stay under civil control, as the experience of other countries show.
Professor, Sc. D, D. Myagmar noted
Civil control in democratic society is , first of all, one of the fundamental principles
to implement the structures of armed forces. But some people consider it as
administrative or sometimes political control formation. …Actually, substance that
we call civil control is an issue about regulating civil military relations in
democratic and legal state condition by laws34
Therefore, in this book, civil control subjects are considered in the frame of related laws
of Mongolia. This presents the challenging new task to constitute democratic civil control
in our country which has not long been separated from totalitarian society.
34
D. Myagmar, Thoughts on Modernisation of the Armed Forces and Defence Fields, (Ulaanbaatar: Defence
University of Mongolia, 2002), p. 52.
According to this aforementioned goal, some goals for the implementation of civil control
are considered practically as follows:
1) To correctly combine centralised and decentralised control. In other words, if the
control of primary step organisations cab be combined, it will then be important to help
each other find the mistakes of military and army life as well as civilian and to correct
them.
2) One of the significant steps to fulfil civil control by protecting society and people under
is that military armies do not rapidly fulfil the laws, decrees, legislation and guidance
from the state and government. It is also important that they do not overlap with political
policy from military authority. Some requirements shall be put in front of the armed
forces within this frame. For instance:
a)
armed forces shall directly and resolutely defend the state structure
adopted by the Constitution;
b)
activities of the armed forces are open to society and civilians, and people
have a wide range of knowledge about it;
c)
honest criticism of the armed forces by society and civilians should be
correctly received, those who control the armed forces, shall duly take
note of such commentary and study on ways of improving these
shortcomings
d)
beginning with the military, all the way up through to high authority, head
and leader of units and sections; all shall have the capability of resolutely
standing against any attempts organised by any political party and
movement to involve armed forces to political struggles, especially
attempts at challenging and subverting authority;
e)
military personnel shall not give into the civil control and accept it as an
efficient form of cooperation between military and civilians.
3) As seen in daily life, results of civil control depend on who leads the armed forces,
more clearly, who is the head of the Defence Ministry, whether he is a civilian or a
military person.
It is almost an unavoidable factor that in fulfilling civil control, the Minister of Defence
shall be a civilian. So, it is of primary importance that the Minister of Defence shall be an
active politician and an honourable statesman. Circumstances and lessons of past years
have confirmed this. This unique feature of our country should be looked at more
carefully.
Having civil authority in the Ministry of Defence provides the advantage to start
democratic reform in the structure of Armed Force. It especially helps to provide society
social care to military personnel, improve their intellectual life and relations among
military personnel and to ensure the rights and freedom of military personnel.
Moreover, it plays an important role in strengthening relations between army and
society, and opening the traditionally closed domain of the armed forces.
4) Civil control of the armed forces shall be fulfilled by the contribution of all branches of
legislation, executing and judging governance, also of non-governmental pubic
organisations. Above we already discussed some issues relating to this. Public
organisations, activities of children, youth, women, student organisations and trade
unions shall be directed towards giving patriot and civil-military education, most
especially training and educating young people in the values of democracy.
Public media apparatus’ also have an important role in civilising and humanizing the
military service. Independent journalists equally figure in have making civil control
efficient.35 Public media equipment must pay attention to provide accurate and detailed
information that can positively influence state administration units. For example, the
authorised press office on Defence of Bundestag of the FRG actively monitors
publications and programs of radio and television, and discussions on relevant matters;
a task which highly appreciated. This method is widely used by opposition parties and
movements as well as public organisations.
Despite that, the opening of all activities of armed forces to the public is one of the most
disputed issues even in countries of developed democracy. In general, conflicts between
opening Armed forces and striving for maintaining a level secrecy can never be
resolved. Nevertheless, the Bundeswehr authority pursues the policy increasing
openness.
For our country it is necessary to decide on that issue so as to enable civil and public
organisations to use the media, and to take measures improving the capability of
journalists, correspondents and publishers.
6) In order to carry out civil control and to be fully efficient, the following basic
requirements shall be met:
a)
to organise highly monitored control of all military organisations;
b)
to urgently adopt and put into force legal acts oriented to the
implementation of civil control in the activities of military organisations;
c)
to make changes and amendments on laws and legislation, which are in
force at the present time;
d)
to constitute civil control systems for implementation in military
organisations, and to flexibly regulate structure and organisation.
7) The civil control of armed forces must be implemented by constituents that have a
close relation to military modernisation policy. In other words, in today’s condition for
military modernisation , the civil control of armed forces is a high priority.
35
B. A. Zolotarev, Defence Security of the Russian Federation, (M. Kuchkovo: Pole, 2001), p. 314.
Bibliography
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998)
R. Bold, Civil Control of Armed Forces: the Security Environment of Mongolia in Some
Policy Issues of Defence, (Ulaanbaatar, 1996).
Civil Control of Armed Forces and its Implementation Methods, DU, SRIMD, Report,
(Ulaanbaatar, 2002).
Civil-Military Relations: Confronting Issues of Civil Control. Collection/ SRIMD,
(Ulaanbaatar, 2001).
Confronting Practical and Theoretical Issues of Civil-Military Relations, (Ulaanbaatar,
2002).
The Constitution of Mongolia, (Ulaanbaatar, 1998).
Defence Security of the Russian Federations, M. Kuchkovo, (Pole, 2001).
D. Gombosuren, The History of Mongolia’s Armed forces’ Structure, (Ulaanbaatar,1998).
The Law on Defence of Mongolia, Law Collection of Defence Sector, (Ulaanbaatar,
1995, pp 60-71).
The Law on Making Amendments and Additions to the Law on Defence, Nos. 24, 25,
(Ulaanbaatar, 2002)
The Law on State Audit of Mongolia; Government Reports, No. 2, (Ulaanbaatar, 2003),
pp. 45-50.
The Law on State Control: Law of Mongolia; Government Reports, No. 2, (Ulaanbaatar,
2003), pp. 40-44.
The Law on the Armed Forces of Mongolia, No. 24, 25, (Ulaanbaatar, Soyombo. 2002).
The Law on the Government of Mongolia, No.78, (Ulaanbaatar,1993).
The Law on the National Security Council of Mongolia, (Ulaanbaatar, 2002, 11,5xx)
The Law on the President of Mongolia, No.90, (Ulaanbaatar, 1993).
The Law on the State Great Khural of Mongolia, No. 67, (Ulaanbaatar, 1992).
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 1998).
D. Myagmar, Thoughts on the Modernisation of the Armed Forces and the Defence
Sector, (Defence University of Mongolia: Ulaanbaatar, 2002).
Some Issues of Armed Forces Structure. GSAF, (Ulaanbaatar, 2001).
Some Practical and Theoretical Issues of Civil Society, New Constitution, Civil Society,
Academy of Sciences of Mongolia, (Ulaanbaatar, 1997).
Zolotarev B. A., The Structure of Defence Security of the Russian Federation, M.
Kutchkovo (Pole, 2001).
CHAPTER FIVE
MONGOLIAN CIVIL SECURITY ENVIRONMENT
Colonel A. Tuvshintugs Ph.D.
Assistant Professor,
Deputy Director of the Institute for Strategic Studies
Colonel Z. Boldbaatar
Head of the Research Centre for Defence Policy at the Institute for
Defence Studies
Ever since Mongolia resolutely chose democracy and began political and economic
reform, individual security has been considered of primary importance to the security of
the country. Also, many activities such as studying the experiences of democratic
countries on the matter of individual person and society, and state security have been
initiated. Other endeavours have also been inaugurated, including the examination of the
contents and relations of society and state security, and the determination of these
issues on a scientific basis that combines modern methods without abandoning effective
traditional approaches.
The Constitution of Mongolia (1992), the Concepts of National Security and Foreign
Policy1(1994), and also the Bases of the State Military Policy (1998) are the first
democratic legal acts that determine the long term, sustainable state policies in the new
environment of the security sector. National Security consists of the following
components:
1) Security of the existence of Mongolia;
2) Security of the social order and state system;
3) Security of rights and freedoms of citizens;
4) Economic security;
5) Scientific and technological security;
6) Security of information;
7) Security of Mongolian civilisation;
8) Security of the population and its gene pool;
9) Ecological security.
National Security Concept
The Concepts of National Security of Mongolia (CNSM) comprise the components,
sections and other provisions such as; general basis and structure of national security
effecting factors on national security; guarantees and means of ensuring national
security; systems of ensuring national security; information database of national security;
security of the existence of Mongolia; security of state system and social order; security
of rights and freedoms of citizens; economic security; scientific and technological
1
‘Concepts on the National Security of Mongolia’, Appendix 1 of Resolution 56 of the Great Khural, Ardyn
Erkh, July 26, 1994, No. 145.
security; security of information; security of Mongolian civilians; security of the population
and its gene pool; and ecological security.
It is noteworthy to state that for the first time in the history of Mongolia these concepts
are defined in documents that have been legally reached through democratic channels,
processed by the participation of every individual. Therefore, these documents can even
be called a social discussion, commentary, and ultimate consensus.
In short, these concepts represent a new achievement in Mongolian security
understanding and can also be considered as political documents. They demonstrate the
first opportunity Mongolia democracy has had to ensure security by political and
diplomatic means, to implement open and independent external policy, ensure the vital
national interests at international level, and to commit to stability in domestic life2.
The specific features of the concepts are as follows:
•
•
•
•
•
2
It is provided that ‘The National Security of Mongolia represents the status when
favourable external and internal conditions are secured to ensure the vital
national interests of Mongolia’. This success of this goal lies in the triangle of
‘individual, society and state’, ‘the vital interests’ and ‘treatment and defence’.
This objective formulates goals while taking into consideration common ideology
and specific features of the country, the internal and external security
environment, and the methods to assure respect for these domains.
Of utmost concern to Mongolia is ‘democracy’ and ‘secure living environment of
Mongolians and its guarantees’. Based of this requirement the aims of creating
and strengthening favourable external and internal conditions of the existence of
the nation are thus considered;
Although military security was not considered to be in the level of ‘sections and
basic components’, security of the existence of Mongolia was determined to
pertain to this initial domain;
The principle of equality of relationship (to be of the similar opinion, to not have
equal status for every the issues—depending on its relative importance and
pertinence to a particular country, to strengthen the confidence of all countries
implicated, and to develop cooperation and have friendly neighbourly relations)
shall be followed by refusing political discrimination, behaving neutrally in
conflicts between neighbouring countries and maintaining balance to avoid
unequal priorities in the internal affairs of Mongolia;
In terms of interests of ‘ensuring the security by political and diplomatic means’,
the strategy of no participation in alliances, restrains the armed forces to selfdefence. Also, the national security guarantee is confined to meaning ‘the people
of Mongolia, the state of Mongolia and the international association.’3. We
generally consider that our national security concepts are scientifically based on
consideration of security theories of international and western associations, a
moderate ideology of politics, basic theories of national security and security of
small countries, trends of modern concepts, historical traditions of Mongolia and
L. Molomjamts, The National Security of Mongolia and Potential Threats, Lecture to the Commanding
Officers of the Ministry of Defence, 2002, p. 7.
3
L. Molomjamts, Symposium Lecture, ‘The Scientific Foundation of the National Security Concepts of
Mongolia’, Symposium Compilation, Ungut Khevlel, (Ulaanbaatar, 2001), p. 2.
its present features. But Mongolia’s version is not wholly unchangeable nor
selected.
The basis of ensuring a consistent policy of national security is national patriotism.
The vital national interests comprise the existence of the Mongolian people and their
civilisation, Mongolia’s independence, sovereignty, territorial integrity, and the
inviolability of State frontiers, relative economic independence, sustainable ecological
development and national unity. The vital national interests of Mongolia shall be under
special attention of the state and the people.
Ensuring national security means the state policy and the implementing activities of
state, its organs, and their authorities create various guarantees that strengthen the vital
national interests of Mongolia.
Although there are not any provisions in the legal acts on which subjects shall participate
in determining the concept of the national security, a working group was organised on
the decree of the President. This working group has quite wide representation. It
involves an advisor of the President, representatives of the State Great Khural (the
Mongolian parliament) and the Government, force organs such as defence and agencies
to ensure the state security and the administrative officials of the Science Academy of
Mongolia.
The concepts of national security are discussed and adopted by the session of the State
Great Khural upon confirmation and resolution of the Standing Committee on National
Security and Foreign Policy of the State Great Khural. The current concepts of National
Security of Mongolia were approved by the 56th enactment of 1994 of the State Great
Khural.
Factors affecting national security are divided into two categories according to their
origins, internal or external. Then, according to their duration, they are separated into
immediate, temporary, long term and permanent. It is considered that the vital national
interests of Mongolia are permanent.
Of these, the factors that may have a negative impact on national security are divided
into objective and subjective by their character, and into real and possible by the
probability of danger they might cause. The policy of ensuring and strengthening
national security seeks to identify and eliminate any threat at the ‘probable’ stage of
occurrence, and to reduce or prevent objective threats by the timely elimination of
subjective ones.
In the concepts of national security external factors affecting national security are
elaborated in the following way, that ‘the national security of Mongolia is a component of
the international security and directly depends on it. The national security, in terms of
political spatial security, is divided into global, regional and sub-regional’.
Ensuring means and guarantees of national security are certainly provided in this
concept. The basic means of ensuring national security are defined as to foresee the
process and development of the activities based on accurate and reliable information,
subtle experiments and personal accounts, and prevention.
Basic guarantees of national security are the people of Mongolia themselves, and the
state of Mongolia. International guarantees consist of political, legal and moralpsychological components. It is stated that the international guarantees shall be
strengthened through a combination of unilateral, bilateral and multilateral measures. To
do so, military-political security guarantees are ensured by means of constituting a
security system on joint power and participation.
Upon developments in global and regional situations, the State Great Khural is
authorised to add changes and amendments to the basic structure and its contents,
which are reflected in the concepts of national security of Mongolia upon the proposal of
the National Security Council of Mongolia.
There are many articles in the Constitution and other laws of Mongolia related to the
implementation of the national security concept. These are enclosed in Appendix 1.
External Security Environment
The security environment of our country is directly related to global and regional political,
economic, social and army processes, and furthermore, the activities of foreign policies,
their internal society, political life, bilateral relations and co-operations of two neighbour
countries, namely the Russian Federation and the People’s Republic of China.
Our external environment can be assigned into three levels including: our two
neighbours, our region, and our global joint association, in conformity with the
implementation aims for ensuring national security.
Although Mongolia geographically belongs to Central Asia, depending on political,
economic and democratic factors, Mongolia pursues the policy of active participation in
mutual and multilateral activities of North East Asian and Asia-Pacific regions.
These regions are of significant importance for Mongolia for the following reasons:
strong influence on world development, favourable geographical location connecting
Asia and Europe; opportunity to ensuring political, economic and military security of the
country through participation and cooperation with that region, attracting foreign
investment for participation in the economical joint action programs, and being
connected to the international database system.
The Current situation and development trend of international relations automatically
involves Mongolia into globalisation and resulting interconnected and interdependent
relationships.
In this case, the policy of ensuring national security will be politically defined by the
strategy of ‘having a third neighbour’, as well as in economic development on the basis
of democracy.
This is provided in the concepts of national security and external policy of Mongolia with
the aims and activities to ensure strategic stability in Asia-Pacific region, especially North
East and Central Asia, to strengthen peace, to make a coherent security system policy,;
to not possess nuclear weapons in Central Asia; to gain confidence in the military sector,
to participate in joint activities of regional security, to develop joint cooperation and good
neighbourly relationship with the Russian Federation and the People’s Republic of China
in whole sustainability; to raise economic and other interests of the United States of
America, Japan, the Republic of Korea and India towards Mongolia, and to reach
appropriate and sustainable level therein.
Therefore it aims to work for country development in politics, economic and social
sectors.
But, in terms of the security space and military action theatre, Mongolia is a country that
has significant location and wide strategic capacity and may be easily affected by
another country’s political-military intentions.
The political-military environment surrounding Mongolia is defined on the one side by
strategic partnership with the Russian Federation and countries of Central Asia and on
the other hand the People’s Republic of China. Mongolia’s and political-military
relationships are also defined by ties with the countries of North East Asia.
One of the important multilateral measures for ensuring security of Mongolia is to create
an environment of friendly relations, co-operation and mutual confidence around the
state frontiers and to guarantee the security by political and diplomatic means.
As a result of the changes in negative and positive factors affecting the external security
environment, prior notions of foreign army risks and aggression are now reduced when
compared to the period of known as the ‘cold war’. Nevertheless, geo-economical issues
such as economic crisis, weak infrastructure development ,natural disasters and
catastrophes, poverty, unemployment and crimes are becoming relevant issues of
today’s time.
On the Russian Federation: Some foreign researchers consider that since the ‘cold war’
ended, Russia can no longer be considered as a ‘great state’. We do not share this
opinion in the case of our country. The national security of our country depends on the
stability of the Russian Federation (RF). Since 1990s, our country made agreements and
treaties with the Russian Federation on cooperation under new circumstances and
developed bilateral relations according to the global tendency of world development.
Comparative immobility between two countries that began in the early 1990’s continued
for some time into the decade and finally ended. With the ‘Agreement on friendly
relations and cooperation’ in 1993, and ‘Ulaanbaatar Declaration’ in 2000, relations in all
social sectors became a new issue. Relationships established with Buriatia, Tuva,
Irkutsk and Kemerov, located in the territorial regions of the RF, are increasing and
intensifying.
Now with the increased role of local frontier activities between the two countries a new
tendency to regionalise development has evolved. In today’s Russia, there are internal
economic and social conflicts and terrorist activities that arise from the disorder and
separatist activities of national minorities.
In order to reach defence goals, the Russian Federation declared the ‘Military doctrine of
the Russian Federation’ (21.04.2001) on the basis of nuclear weapons capability. This
document is evidence of the extant nuclear risk.
Although the Russian Federation is suffering from an economic crisis, it still continues to
be a powerful nuclear and military state.
The Russian Federation needs at least 10-20 years in order to become an economically
powerful country. Therefore, Russia must focus on its internal issues rather than its
mainly external and internal oriented policy. For our country, continuing years of stable
and friendly policy with Russia. Is of utmost importance for domestic prosperity and
security.
On the People’s Republic of China (PRC): It is clearly seen from the policy that China
has continuously developed its economy, pursued a policy of widening its living space at
a global and regional level. The PRC has also strengthened its power in the region and
in a wider sense all over the world, becoming a powerful country in all respects.
Today over 40 treaties and agreements between our two countries have been made and
implemented successfully. These documents codify and regulate issues of cooperation
in various sectors. Trade and economic issues as well as investment and assistance
from China to Mongolia are also increasingly becoming an issue.
While the Chinese economy is the fourth biggest economy of the world, it still faces
challenges with respect to its military. It aims to establish a well-armoured and modern
army by reducing the large structure of Chinese People’s Liberation Army. One of the
conditions necessary for implementing this aim is international stability and a favourable
security environment surrounding China.
Therefore, Mongolian and China two must pursue policies to internally stabilise and to
externally strengthen. Only in this way will conditions be favourable for Mongolia’s
security. But on the other hand, Mongolia itself is quickly strengthening. While in our
increasingly globalised community Mongolia appears to be becoming more dependent
on the PRC, in reality its recognises its need for and capability of independence. For
Mongolia has realised that independence and security are inseparable, compatible and
essential components that are not mutually exclusive and instead depend on one
another.
On the regions: There is still an axis between the allied relations (including South Korea
and Taiwan) on the basis of the security treaty between the USA and Japan and
strategic partnership between the Russian Federation and the PRC.
Although, relegated to the features of the traditional old system, these axes, are against
each other ,there is no sharp conflict between them.
The main factors affecting regional stability and security can be divided into the following
three classes:
•
•
•
great powers’ relations of the region,
the Peninsula of Korea,
the position of an increasingly powerful China .
China and Korea are still divided countries. In fact, an armament process is occurring,
and in some respects it is in a worsening condition. In most countries of the region, there
is still ongoing modernisation of armed forces and armament construction.
The sustained interests of the states in the region have not yet been established. There
are conflicting issues on common features between developed and underdeveloped
countries and nuclear weapons of the peninsula of Korea. But, in conformity with modern
positive relationships and cooperation, it can be considered as not so acute and instead
generally stable as well predictable.
The terrorist attacks on September 11 on the USA, and the danger facing relations and
cooperation between regional countries as well as aggression by global associations are
not the activities of one country nor one group. They are instead terrorist activities, not
respecting traditional principles such as borders, spaces and armed struggle. These
events give us tough lessons and we must jointly struggle against them.
On global joint associations: There is an increasing trend to form multi-poled earth. At
the same time, the policy trend which could be called a one-poled earth, is preferred by
developed countries, being lead by the USA. Behind all these, there is strong
intensification of the globalisation process. Considering this, there is no possibility of
existing worldwide confrontation. While the earth is becoming more integrated,
aggressions continue to have common characteristics all over the land and still require
joint cooperation.
Sudden change in international relations, resolute statements of leaders of developed
countries, and relations and activities between the USA and Iraq may come to transform
procedures of political and military organisations and armed forces of the countries. But
it must be kept in mind that there is always policy to resolve conflicts in international
relations by political-diplomatic means and by contribution and support of international
organisations with positive reputations throughout the world.
The activities and reputation of international organisations such as the UN and EU have
in number and quality. It is a clear example that most countries are willing to establish
peace in an honest way by respecting democracy, human rights and freedom.
State policy and activity on the external security environment of Mongolia are reflected in
the strategic interests of peace and security of global joint associations and become
thereafter issues of regional security.
Internal Environment and Civil Security
The State and Government of Mongolia pay strong attention to solving internal social
and economic problems. The general development trend of international relations and
favourable external security environment are an opportunity to focus on this priority.
In the current situation, issues having more geo-economical rather than geopolitical
(especially pure economic characteristics), are becoming decisive. Our researchers
consider central to the existence of small countries is new geo-economics that reduce
economic dependency from geographical locations. The Democratic transition and
current social development situation of our country require a note of precaution. Internal
risks may damage the social security system and make the internal situation of the
country or the situation in some parts of our country insecure. Also, they require
evaluation and necessary measures to all state administrative units. Of course, it is a
factor related to military security and conflicts between the nations. Also, it shall be
stated that the understanding and evaluation of military security at a state level
considers that there is no potential aggression or objective threat at the present time not
perceives on in the near future.
The way to ensure national security components from negative influence of external and
internal factors is explained in different concepts.
It is considered that the reasons for decreased security depend primarily on poor
development, and more specifically, within this, unemployment, tendency of increasing
poverty, fall of national production, weak economic capacity, shortage of budget
properties, low capability of competitiveness of products, social risks (unemployment,
crimes, drugs, AIDS, lower life standard and over secretion), also ecological risks
(natural disaster, failure, over snowing, drought, disaster caused by fire and water,
climate changes, air pollution) and food security and economic dependency.
Now we will consider factors for ensuring the national security of Mongolia.
1. Security of the Social Order and State System
The security of the social order and state system means ensuring the state and socioeconomic structure, fundamental principles of the state activities, as well as human
rights and freedoms as determined in the Constitution of Mongolia. Some negative
impact of internal factors for ensuring security of the social order and state system will
be discussed in the following paragraphs:
Violation of owner rights and the principle of equality of properties
To exercise citizen’s rights of having immovable property and private economic entities
depends on inheriting and owning land. As stipulated in section 3, article 6 of the
Constitution, ‘The land, except pasture and other for public estate and special use, shall
be inherited only by citizens of Mongolia.’4 This provision provides citizens with the most
reliable and valuable guarantee of immovable property and gives a basis for the
possession of economic entities. However, land privatisation is still a complicated
problems today. Despite this, citizens already have the right to own land with
advantageous locations and then to sell this land at market price, as of it were their own
property. It has become a common practice to announce selling licensed land through a
public medium.
Citizens’ and business entities’ land owning issues are very complicated in the capital
city. As stipulated in article 22 and 23 of the Law on land, the governor of the capital city
shall have rights to decide on the issues of land use of ‘citizen and economic entities that
deal with important production to the development of the capital city’, on the approval of
the district governor. Also, the governors of the capital districts shall have the right to
make resolutions on the issues of business entities’ land owning and using. The law
provisions can be exercised because the estate of (?) the state does not cover the
administration units’ territory. Therefore, many bureaucratic hindrances as well contests
on the resolutions of land owning arise therein .
4
Turiin Medeelel, The Constitution of Mongolia, (Government Official Gazette, No. 1(7), 1992,p. 2. NB:
Turiin Medeelel is the Gazetteer of the Mongolian Government.
In the capital city, in order to own land and to have the land owning certificate eight steps
and a minimum 6 months period according to the procedures are required. In rural
areas, the permission process for land owing follows the same steps. The City
Construction and Land Relation Department, which is subordinate to the mayor’s office
of the capital city, received 11670 requests related to land owning from citizens and
economic entities between 1998-2000. Of these, 660 requests or 7% of them were
answered and there is no information about what happened to the others. These
requests were answered and related problems were solved within 60-354 days, a
duration that clearly exceeds the legal deadline.5
Although the state administration units give permission for quick service points (QSP) for
small business entities running through all steps above mentioned, recently the
governors of the district made a resolution to start a campaign cancelling, by force,
QSPs of small business people. This resolution, on the one hand, violates the right to
own private property. On the other hand, if it is a necessary action a violation of the
provisions of the Constitution is allowed and reimbursement for related expenses are
thus covered.
The procedure that state monitoring administrative agencies such as customs and tax
offices use to discover the violations on tax law and other related laws authorise them to
keep a certain percentage of the discovered violation. It is a caveat that infringes on
human rights instead of strictly implementing the law.
As stated in article 134 of the Civil Code, ‘properties of persons who violated legal acts
shall be taken away’. This provision is very general.
Registration of immovable properties with the state registration is a basis of reserving
property rights. Depending on taxes, citizens commonly cover with gifted-contracts while
selling their immovable properties. In the last 5 years, 15689 gift-contracts and 13860
selling-contracts were registered. Based on this, there are many taxes related to
immovable properties; all this considered this quantity is not exceedingly small.
Violation of principles that state organs not participate in religious work and monasteries
not participate in state issues:
At present, there are 270 Buddhist, Christian, Islamic, Bahaist, and Shamanistic, and
Yazu monasteries in Mongolia. Of them, 186 are officially registered with the Ministry of
Justice and Internal Affairs. There are 112 temples and monasteries (28 of them in the
capital city) of traditional Buddhism, two of Islam (one of them in the capital city), 1 of
Shamanism (in the capital city), 65 of untraditional Christianity (39 of them in the capital
city), five of Bahaism (one in the capital city) and one monastery of Yazu religion.6
There is an increasing trend to refuse registering monasteries and temples, prohibiting
and closing without any reason. Since 1996, the People’s Representative’s Khural of
Ulaanbaatar and aimags have issued one year terms permitting activities of religious
organisations and to prolonging it only on a year to year basis. But in the following
legislation session the new elected People’s Representatives’ Khural tended to avoid
5
Turiin Medeelel, Lecture on Human Rights and Freedom in Mongolia, (Government Official Gazette, No.38
(275), 2002),p. 1233.
6
Ibid, p. 1224.
giving new permission for religious activities. Sometimes the PRK does not give
permission for religious activities. In some cases, the permissions were only given for a
short term period. By doing this, the PRK restricts the rights of the people to worship and
also discriminates.
Bribery and Organised Criminality
Bribery is common in Mongolia, and the people’s confidence in the state has dropped as
a result of this subterfuge. Also, it hinders political and economic reform, so it can be
seen as a potential treat to national security. According to results of a public opinion
survey on bribery, conducted between June and July of 1999 in nine districts in the city
of Ulaanbaatar, 73.0 per cent considered that bribery is widespread in today’s society.7
With 4 points, Mongolia took 43rd place with in the international ranking list which ranked
90 countries according the severity of their bribery situation. The participants of the
sociological research on ‘public views and sites on bribery in Mongolia-2002’ confirmed
unanimously ‘There is no one institute which fights against bribery and bears public
confidence.’8
The fourth division of the state investigator’s office or division on bribery and economic
investigation is inspecting 26 crimes of bribery and illegitimate job procurement that
occurred this year. Also, citizens submitted 45 requests related to such crimes. The
police offices and division of related aimags and districts, and also the intelligence
agency inspects such kinds of crimes. It is estimated that an average 40 crimes related
to bribery and job acquisition take place monthly9.
Criminality
In 2002, 22555 criminal cases occurred, 47,5 per cent of which operated in the capital
city. While criminal activity increased by 2.7-28.7 per cent in Gobi-Altai, Umnu-gobi,
Sukhbaatar, Uvs, Khovd and Huvsugul aimags it decreased in other aimags. However, it
has been estimated that only 85.5 per cent of registered crimes are discovered. Crimes
such as intentional homicide, rape, crimes against the dignity and well being of a citizen,
and robbery increased by 6.7-26.8 per cent, while organised crime increased by 4.1 per
cent. The state calculated losses of 23.9 milliards and 11.3 per cent of the citizens who
were victim to this type of crime were ultimately reimbursed.10
In total, 70 thousand crimes were registered only in last three years. Unfortunately, this
number has not visibly decreased. Based on an average of the last three years, one
third of all cases could be described as severe. Additionally, one fifth of the criminal
cases occurred when people were drunk and one sixth of all cases were committed by
groups. Criminal cases in which the responsible persons are not identified are
7
Turiin Medeelel, National Programme on the Fight Against Corruption, (Government Official Gazette,
No.28 (265), 2002), p. 933.
8
Zuunii Medee, No. 23 (1221), January 28, 2003, p. 3.
9
Zuunii Medee, No. 15 (1213), January 18, 2003, p. 3.
10
Zuunii Medee, No. 53 (1251), March 05, 2003, p. 3.
increasing, and in cases of robbery, oppression, rape, and theft, difficulties remain
identifying the persons responsible for the crime.11
Natural Disasters
Exhausting strategic and state reserves, suffering from hunger and natural catastrophes
and epidemics illnesses all threaten internal security.
Pasture agriculture was a major living style of nomadic Mongolians for centuries, and
that was the fundamental sector of the economy as well. It is characterised by potential
natural disasters. Now, over 600 plants (a greatly diminished derivative of the earlier
figure of 2600 identified plants),have been identified in the pasture of Mongolia. These
plants supply the basic needs of fodder. The yield of the desert steppes increases by
23.1-58.3 % in years where summers result in large crops. However, it is reduced by 2860.3 per cent in years of drought. Also, the pastures of the higher mountains of Khangai
give 26-36 % more harvest in years of good summers, and are reduced by 12-48 per
cent in years of drought.
The quality of pasture plants has decreased 2 to 3 fold in past year. This results in more
difficult digestion for animals. In fact, the digestion of proteins decreased 3 to 4 fold in
the spring and winter. During the winter and spring season, herds take only 40-50 % of
their required food amount per day from pastures. Years of drought and snow disasters,
sharpen the pastures and decrease agriculture production by 23-39 per cent in
especially hard years.
Among natural disasters, droughts and zuds12, natural disasters that occur in winter
cause the most damages. Repeated droughts of the last 60 years, in have caused
serious damages. In the 50 years between 1940 and 1990, 17 million cattle on total, or
3.4 million cattle each decade, starved. More recently, between 1990 and 2000, 5.2
million cattle starved.13
Due to the dryness and humid climate fire disasters have become an increasingly severe
problem. In 1998, 132 fires were registered. These fires were devastating to the nature,
environment and infrastructure. Forest and cattle worth over 3 milliard MNT were burned
in the fires. Humans have been held responsible for causing most of the big fires.14
Lasting the past 5 years between 1997 and 2001, the emergence of 165,700 infectious
diseases were registered. Of these, 140.6 infectious diseases were assessed for 10,000
people, and a total of 772 people died of infectious diseases. Tuberculosis was
responsible for the death of 127, which from a total of 100,000 people makes the figure
2.5 times bigger than the average of the countries of the Pacific regions as assessed by
the WHO. Also in this period, intestinal infectious diseases increased including dysentery
11
Turiin Medeelel, National Programme on the Protection of Livestock from Drought and Disaster Resulting
From Excessive Snow, (Government Official Gazette, No. 17 (204), 2001), p.3.
12
In Mongolia, the meteorological service defines zud as a snow cover of more than 25 cms, a sudden
prolonged snow storm, 2-3 cm of frozen snow cover, or prolonged extreme cold. See
http://www.fao.org/sd/ROdirect/ROan0018.htm
13
Turiin Medeelel, National Programme on the Protection of Livestock from Drought and Disaster Resulting
From Excessive Snow, (Government Official Gazette, No. 17 (204), 2001), pp. 465-470.
14
Human Development Report of Mongolia, 2000, p. 42.
cases, which doubled. Hepatitis A increased among schoolchildren and children in
kindergartens. Between 1992 and 2001, 85 people were infected by the marmot
epidemic. Of these, 37 died and in total the cases of illness increased by 22, compared
with the previous 10 years, and the death rate became 43.5 per cent. Over 70 soums of
15 aimags of forest-steppe and steppe regions have experienced a boom in the disease.
On average 40 soums have become infected in a year and the number of people and
cattle infected increased. Between 1999 and 2001, the number of cattle infected by
hydrophobia increased by 2.5 times.15
2. Security of the Citizens’ Rights and Freedoms
The security of civil rights and freedom means that conditions are ensured for individuals
to fully exercise their physical and intellectual potential to their own benefit, to the
interests of the country and the people, and for Mongolia to carry out its international
obligations with respect to human rights. The following situations are considered while
evaluating the shortcomings in internal factors of ensuring the security of civil rights and
freedoms:
Issues arising when political, economic, social and other conditions for guaranteeing civil
rights and freedoms of Mongolian citizens provided by the Constitution and other laws
and legislation have not been implemented.
The numbers of injured and even handicapped people due to professional accidents did
not decrease. Every year, on average [in the period 1997-2000] 5692 people retired
because of illness caused by the following professional maladies, and thus lost their
working capability:
•
•
•
•
•
Chronic Bronchitis caused by dust
Asthma
Neurological, pathological diseases
Acute poisoning
Surgery, skeleton and muscle disease
55.7 %,
16.2 %,
8.3 %,
8.4 %,
7.0 %,
These diseases are more common in fuel, energy power, geology, mining, and
construction sectors.16
Issues of food security
Over 30 % of the 60 diseases that cause poisoning are transmitted through foods
diagnosed in cattle and animals of our country. A contradiction exists in the veterinary
and plant quarantine requirements in delivering and preparing of foods such as meat,
milk, potatoes, vegetables, and fruits for public sale. In recent years, food pollution by
germs, mould and fungus took 22.7%, chemical pollution 14.1%, pollution of metal origin
6 %, and 35.5 % of random samples did not meet food requirements .
15
Turiin Medeelel, National Programme on the Fight Against Infectious Diseases, (Government Official
Gazette, No. 33 (270), 2002), pp. 1048-1049.
16
Turiin Medeelel, National Programme on the Enhancement of Labour Safety and Hygiene, (Government
Official Gazette, No. 36 (223), 2001), pp. 894-897.
Between 1995 and 2000 cancer cases increased and liver cancer became the most
prevalent. According to health reports, 30 per cent of total infectious diseases are
stomach diseases and cancers that are caused by food, environment pollution and
unsatisfactory sanitation.
Issues of nutritional health
Members of families living over the subsistence level receive in average 134-135 %
more energy through nutrition than they need, while family members living under the
subsistence level reach only 58.1-68.5 %of their nutrition requirements.
Among the most vulnerable groups of mothers and their children, chronic and heart vein
diseases related to nutrition factors, obesity, diabetes, and cancer of food processing
and other organs increased.
Education issues
According to the population census of 1998, 1.5 % of the children between age 8 and15
were not literate. This number increased by 4.9 % in the subsequent year and by 2000,
an estimated 90 to 95 % of the total population was literate.
Reproductive health
In the last 3 years, the mother mortality was 163 of 100,000 childbirths, much higher
than expected. Of all births, 29 % who gave birth were herders’ women. Among these
herders’ woman also 49.3 % experienced infant mortality, 43.3 % of these women living
in bags (smallest administrative unit), and 36.9% living in centres of the soum. In the last
3 years, 40.5 % of women who died were in hospitals of soum and bag. This shows that
deliveries in soum and bag are not satisfactory and do not meet requirements of healthy
birth standards. There are 230 abortions per 1,000 childbirths. Alcoholism and rape in
families directly affects the increase of abortions. The numbers of women who had an
abortion in the city are 2.3 times higher than in the countryside. Of the total population,
36 % are determined to live under the poverty line. One reasons for pregnancy among
women living in poverty and elderly women who have higher risks, is the incentive to
receive state aid. This then results in an increase in the risk of infant mortality among
those living in poverty.17
3. Economic Security
Economic security means building an economic structure which has the potential for
effective economic reproduction through the use of internal resources adequate for
meeting the basic needs of the people and strengthening the country’s independence,
and in emergency situations, to sustain the country for an indefinite period of time. As
summarised, some negative impacts on internal factors of economic security are the
following:
Pursuing an unsustainable ecological policy and diminishing the availability of water,
forest, wood and agricultural land:
17
Turiin Medeelel, National Programme on Reproductive Health, (Government Official Gazette, No. 9 (246),
2002), pp. 480-481.
Although Mongolia is the 17th largest country in the world, most of its land is not fertile.
Therefore, overuse of fertile land causes serious soil erosion. Over 70 % of pasture has
been destroyed and other pasture fields reduced.
Most crop fields in Mongolia have been damaged by soil erosion. Over half of the1.3
million hectares of fields are uncultivated and the average wheat production cut in half in
the last 20 years.
Also, intensive mining activities, especially gold mining influenced soil erosion.
Prospects for gold mining were ranked at 600 points, but mining activities in fact were
measured in at only 200 points. On the one hand gold mining has affected the economy
positively. But on the other hand, many hectare lands were worn out by this intensive
production. Unfortunately, companies involved in mining activities did not take any action
to restore the land. It is rare to punish or fine for not restoring the land. Also, the fee is
much cheaper than the companies would spend for restoration work. Therefore, it is
more cost efficient to pay the fee rather than to start land restoration activities.
The most serious form of soil erosion is desertification. According to statistics in 1998,
21 per cent of the territory is partially effected by desertification and 4 per cent of the
territory is fully affected.18
Inconsistent customs policies support the export of goods which could seriously injure
the security of the citizens of Mongolia, reducing state budget revenue, and negatively
influencing national production:
National production and industry has stagnated and production of the processing
industry has drastically fallen. Mongolia has been since reduced to a joint raw material
export. Agriculture remains the primary economic sector, 70 per cent of agricultural
products comprised of leather, cattle wool and 50 per cent goat cashmere (which is an
important raw material) are exported without any processing.
Increase of the current state budget deficit and failure of state policy to protect the
currency of Mongolia:
The decrease of Gross Domestic Product and the production of some important sectors
has increased. The real growth rate of GDP was 6.3 per cent in 1995. But in 2001, it
dropped to 1.1 per cent. The growth rate of agriculture, hunting and forestry is as high as
30 to 40 per cent of the GDP, which is continually diminishing.19.
The export and import structure has many risks. In 2000, the trade balance deficit was
148.4 million USD and the 169.6 million USD in 2001.20 The main export income comes
from the copper, gold and cashmere sectors. Depending on price fluctuation of these
raw materials at the world market, income of export may experience many risks. Export
income of copper, gold and cashmere took 63.2 per cent of total exports in 1997. Due to
the price fall of raw materials at the world market, it occupied 58.8 per cent in 1998, 57.5
18
Human Development Report of Mongolia, (2000), p. 39.
Social and Economic Development of Mongolia in 2001, Ministry of Finance and Economy, (Ulaanbaatar,
2002), p. 41.
20
Statistical Yearbook of Mongolia 2000, 2001, (Ulaanbaatar: 2001), p. 173.
19
per cent in 1999, 51.3 per cent in 2000 and 56.0 per cent in 2001. Compared to the
previous years, the amount of exported copper concentrate increased by 44.9 thousand
tons in substantial measures, but the average price of unit was reduced, from 323.0
USD to 273.4 USD, and total price was reduced by 2.4 million USD in 2001.21
Hyperinflation and increasing number of families living under the poverty subsistence
level:
The exchange rate of MNT in relation to USD is still growing. One USD was equal to 474
MNT in 1995, 813 MNT in 1997, 1072 MNT in 1999, and 1125 MNT in 2002.22 There is
large difference in living standard among the population., For example, the income of
lower income groups is 15 times less than that of higher income groups). Aside from
that, the large part of the population lives under subsistence level. Considering that the
average international poverty level is 10 %, 36 per cent of the total Mongolian population
are lives under poverty line.
Results of surveys on living standards conducted by the national statistical office
conclude that 19,7 per cent of the people are very poor, 15,9 per cent of the people are
poor, 27 per cent have low income, and 37,4 per cent have middle incomes and are rich
people.23 Comparing living standards of military and defence personnel with the country
average reveals a discouraging disparity. The following poverty levels are evident in the
defence sector: 7.2 per cent very poor, 39.8 per cent poor, 30.1 per cent low income and
22.9 per cent middle or high incomes. These poverty levels for military personnel should
be compared to the national average. It should be noted that military personnel
belonging to the class of ‘poor’ is 23.9 % higher while the military persons belonging to
‘very poor’ and ‘poor’ make up 47 per cent of all persons who are counted as ‘very poor’
and ‘poor’.24
By using international methods of on social support and care requirements, the National
Statistical Office assigned the population into ‘ability of self-development, not requiring
social welfare and support’, ‘independent, not requiring strong social support’ and
‘requiring strong social welfare and support’ As a result of the research, about 60 per
cent of defence personnel were classified into ‘ability of self-sufficiency, not requiring
strong social support’ and nearly 40 per cent ‘required strong social welfare and
support’.
Moreover, there are also a lot of people belonging to ‘poor’ but working. Results of the
above mentioned survey show that 37.6 per cent of very poor, 48.3 per cent of poor, and
49.2 per cent of ‘low income’ work in rural areas, while 58.4 per cent of very poor, 79.6
per cent of poor and 83.3 per cent of ‘low income’ live in urban areas.?? We can
conclude then that in Mongolia work opportunities are scarce and income is at a very low
level, resulting in widespread poverty.
21
Statistical Information on Foreign Trade and Customs, (Ulaanbaatar, 2002), p. 6.
Policy Documents of the Mongolian Government on Treaties with International Banks and Financial
Institutions, Ministry of Finance and Economy, (Ulaanbaatar, 2001), p. 39.
23
Turiin Medeelel, National Programme to Support Family Living Standards, (Government Official Gazette,
No. 29 (216), 2001),p. 25.
24
Ts. Togoo, Symposium Lecture, ‘Key Questions and Analysis on the Welfare of the Military Personnel’,
and ‘Urgent Questions on the Welfare of the Military Personnel’,(T&U: Ulaanbaatar 2002), p. 19.
22
Income resources of the population are very different. On average, one of third of the
population income draws wage, salary, pension, aid, reward and encouragement, 20 per
cent of the income comes from agriculture and non- agricultural production, 30 % of the
total population has income from private business activities and family wealth and 10 %
receives consumption free of charge. But depending on location of the family, 40-60 %
of the urban population income consists of wages, pensions, and aid, while only 7 % of
the rural populations income consists of wages and pensions, while 60 % of the income
in the rural area come from family enterprises.
Living standard levels are also very varied. For example, the income of poor population
groups is 15 times lower than the income of rich population groups. Living standards and
family location causes unequal situations for social service delivery among the
population.
Compared to a rich family, a poor family receives less health service. Taking into
consideration average monthly health service expenses, expenditures for an individual
of the ‘very poor’ category is 9 times less than that of the highest income groups. Also,
regular visits of poor people to the hospital have decreased.
Citizens belonging to families living under the subsistence level live with permanent food
shortages and hunger. The proper nutrition requirement for Mongolians per day is 2900
calories. But members of poor families receive on average 1784 calories per day.
Families current belonging to socially vulnerable groups often experience the chain
reaction of ‘poverty starvation- illness’.
There is much difficulty in educating children of poor families. Considering research
results, the enrolment level of children between 8 and 15 is 87.3 per cent, and school
abandonment is 9.3 per cent. Abandonment is much more frequent in rural areas, and
43.8 per cent of admitted pupils were not enrolled because of the necessity to work and
other common living difficulties which prevented them from attending school on a regular
basis.
As a result of collected research, family expenses for educational purposes increased by
4-5 times in the period 1995 - 1998. Rich families spend 6 times more for their children’s
education than poor families.
Running into debt from other countries and with international organisations, getting
under pressure and/ or being dependent:
An important factor that may have an influence on the security of the economy is foreign
debt and the issue of its payment. Mongolia has lived on credit and on support of other
countries for many years, and is still dependent on that now. Therefore, it is serious,
challenging problem of Mongolia’s economical security to become independent and
secure.
Increase of unemployment and the number of people of a working age who are
unable to work
Employment significantly influences the living standards of the population. The
unemployment rate and overall percentage of unemployed people among the
economically active population is very high in our country. In a developed and stable
economy, a six per cent employment rate is considered to be acceptable, but once it
reaches 8-10 per cent serious attention should be taken. Although in Mongolia 65 per
cent of working age population are officially employed and 15.4 per cent are not, the
unemployment rate is estimated (without considering the growing economy), to be 24
per cent. Results of the survey, done among 12 units and corps of Armed forces, five
administrative units and economic entities at the Ministry of Defence, 2678 families of
military personnel, and their 6961 members, show that 21.3 per cent were unemployed,
31.5 per cent were students and pupils, 13.3 per cent were small children, and 0.5 per
cent were citizens who were not able to work.
As the results of the survey that compared economic security data with world average
(see table 1) show, due to the difficulties and disadvantages existing in the Mongolian
economy, it can not meet requirements stipulated in the ‘Concepts of the National
Security ‘ of Mongolia, and economic security is thus not guaranteed.25
Indexes
Level in 2001
Possible level
Rate of raw materials and finished goods
in export
Raw materials
88%Finished goods 12%
50%
Competitiveness of national producers at
national market:Import rate of GDP
53.2%
<50%
Import structure:Import rate, by countries
36,4%-Russian
Federation
<30%
export structure:export rate, by countries
53<7%-People's Republic
of China
<40%
Production rate processing industry in
GDP
8,9%
<30%
Technological
1992
1995, 1998,
1999
Less than one per cent
2-3%
Structural
Investments in scientific and technological
research work, in percentage of the GDP
Financial
Annual growth rate of GDP
1,1%
>5&
Inflation rate, at the end of the year
11,2
In one …
Relative budget deficit, in percentage of
GDP
4%
>3%
Poverty level
Foreign Currency reserve (in Mill. USD)
GDP per capita, at cost of present year (in
USD)
36%
<7%
162.1 (import 655.4)
Import in 1 year
430
>1000
Human developmental
Average age of population
64.2
70
Growth rate of Population
1,5%
2-3%
96,5%
100%
4, 7% (As
Registered)24%
(Estimated)
<6%
Education level of the population: Literacy
rate:
Unemployment rate
TABLE 1. INDEXES DEFINING ECONOMIC SECURITY
25
D. Azjargal, ‘Influence of Foreign Loans on the Economic Security of Mongolia’, Master’s Degree Thesis,
School of International Relations, (National University of Mongolia, 2002), p. 8.
4. Scientific and Technological Security
Scientific and technological security means assuring the conditions for the use of
technology, information and research for the purpose of the country’s development
These modern methods should be adapted to Mongolia’s ecological conditions in order
to enhance the national scientific potential and intellectual competitiveness. To
summarise the internal factors that negatively impact the guarantee of scientific and
technological security, the under utilisation of the intellectual potential and professional
personnel of the nation for the country’s development is the biggest problem.
By 1998, among all of the scientists and doctors of science who are educated in
Mongolia, 12.4 per cent are scientific doctors, 87.6 per cent Ph doctors. 46.4 per cent or
890 of them have been working in scientific institutions, universities and institutes.
However, the numbers of scientific workers decreased by 150% in last 10 years, the
average age becoming 40, and young scientists under 30 have fallen to 20 per cent.
As results of the same study show, over 3000 pieces of equipment of 2000 different
types, valued at over 1.1 billion MNT, for laboratory experiments and use had been
installed. However, maintenance has been lagging, with statistics revealing that only 50
per cent of them were maintained between 1950 and1980, 30 per cent in the period
1981-1990, and 18 per cent after 1991.26
5. Security of the Population and Gene Pool
Security of the population and its gene pool means that conditions are ensured for the
maintenance and protection of the health and gene pool of the Mongolian population and
its sustained growth. Evaluating internal factors, which could have an impact on the
insurance of security of the population and its gene pool, are the following:
Spreading alcoholism and its negative effects on the health and gene pool of population:
According to statistics, 51.2 per cent of the Mongolian population abuse alcohol and 8
per cent of these are women. There are a total of 12 thousand people who abuse
alcohol in our country. In the last 10 years, alcohol abusers doubled and. 19.3 per cent
of the crimes which took place in the first 11 months of 2002 were caused by
drunkenness. On the positive side, the numbers of sober people increased by 11 per
cent compared to the previous year.27
Crime is proven to be linked to the bad habit of drinking. The number of people, equal to
nearly 10 per cent of all people of an adult age were considered to be sober in 1997.
The uncomfortable situation related to drunkenness at home influenced the decision by
over 80 per cent of children to leave their homes.28
26
Turiin Medeelel, National Programme on the Development of Science and Technology of Mongolia to
2010, (Government Official Gazette, No. 8 (195), 2001), pp. 200-208.
27
Zuunii Medee, No.288 (174), 30 November 2002, p. 3. (www.zuuniimedee.mn)
28
N. Bagabandi, ‘National Security and its Multilateral Nature’, (T & U Printing House, Ulaanbaatar City,
2001), p. 14.
The basic reasons for crimes, drunkenness, bribery and other social cases that badly
affect the environment are due to unemployment, increasing poverty and low living
standards.
The spread of starvation and emaciation among people, and pollution and lack of pure
water for drinking and agriculture:
For the last 5 years, many rivers and streams have dried out by the lowering soil water
level. One fourth of the water reserves for one year is consumed by families, and the
remaining part is used for agriculture and industries. But water consumption of people
living in flats differs from those who living in ger. In ger districts, a person uses 8 litres of
water a day, but in apartments and privates’ houses, a person uses 200 litres or more
water per day.
One third of the sewage system is out of order and one third of it is only partially
functioning. For that reason, too much water was released without being purified. Due to
this, the waters of Tuul, Yuroo and Orhun rivers, experiencing both increasing population
and industry density, have become heavily polluted. The mineral content (ftor, calcium
and magnesium) in soil water of the whole Gobi area and Eastern steppes is very high,
and that negatively impacts the inhabitants’ health.29
6. Ecological Security
Ecological security means preventing damage to the human environment and economy
due to ecological and climatic changes, and of the irrational use and insufficient
protection of natural resources. The negative internal factors impeding protection of
ecological security are the following:
Reduction of plant covering, lack of forest resources, lack of stream, river, lake,
underground water, and dryness of pasture and land:
The forests of our country are located at the borders between the Central Asian steppe
and desert and Siberian Taiga, grown at the watershed of the three big river system
building a system to supply ecological balance such as regulating and collecting river
water, protecting from soil erosion and damage, softening the climate, eliminating the
greenhouse effect, constituting a sufficient living environment for animal and plants, and
fixing the permafrost. Therefore, it is of significant importance.
By 2000, the forest fund area of our country was comprised of 18.3 million hectares of
land, and of this, wood covered land was12,9 million hectares or 8.2 per cent of all land
territory of our country, respectively. Except for the forest of Central Asia, the needles
and deciduous forest is 10,5 millions hectares or 6.7 percent. This fact shows that
Mongolia, according to comparison study of food and agricultural organisation of the UN,
belongs to the group of countries with low forest reserves. Our forest reserves amount to
1.4 billion, and 58 per cent of them belong to protected areas.
Between 1940 and 2000, 43.8 million cubic metres of trees were cut from over 320
thousand hectares of lands. Since 1980, every year an average of 392.5 thousand
29
Human Development Report of Mongolia, 2000, p. 40.
hectares of forest land were destroyed by fire and 101.1 thousand hectares of forest
land were damaged by insects. Between 1996 and1997, 5.0 million hectares of forest
land were affected by fires. Of this land 500 thousands hectares of land were burned
and destroyed. Based on this, one fourth of the total forest land was affected by external
factors such as timber cutting, fire, insects, and diseases.30
Since 1971, reforesting activities have been regulated by centralised plans. According to
these plans, 88.7 thousand hectares of land became afforested. This amounts to 30 per
cent of the total timber cutting area. Between 1980 and 2000, an average of 3.9
thousand hectares of land, in 1999, 4.6 thousands hectare land and in 2000, 9.0
thousand hectares of land were afforested. But due to the lack of financial resources,
measures to plant trees and prevent desertification and soil erosion stagnated to a large
extent.
Due to forest annihilation, soil erosion grows, humidity vaporization increases and snow
accumulation reduces, thereby causing and even intensifying desertification. Behind this,
soil and underground water level reduces and land fertility becomes worse.
Forestation is mutually related to development issues such as reducing poverty,
increasing job positions and income, supplying electricity, improving foreign currency
reserve, and nature and environment issues such as water, soil and biological species
protection, and reducing greenhouse effect and climate changes.
Preservation of wasting techniques and technologies, centralization of industries
producing poisoned waste, and depositing of poisoned waste of foreign countries:
Litter of urban areas pollutes both land and soil. In 1998, the litter area comprised over
30 thousand cubic quadrate metres of land.31
In this era of increased globalisation and interdependence, global and regional risks and
threats affecting our country in both direct and indirect ways. In general, because we are
involved in the globalisation process to a certain extent, the Government must pursue far
reaching policies to prepare the population and narrow the distance with the ‘core global
player countries’ and ‘main globalisation processes’. Mongolia must do this not only in
order to survive, and also explore the advantages of globalisation in the context of the
special features of the country, but also to reduce the negative consequences of
globalisation on the security sector.
Therefore, the state and the government of Mongolia focuses on the above mentioned
issues. For example, the present government defined the following matters as priority
tasks:
•
•
30
The reconstruction of a renewed national economy, creation of a friendly
environment for economic growth by exporting leading strategies;
creation of an environment for human development that guarantees equal
access, and improves the quality of education at all stages, as well as health
care and service efficiency;
Turiin Medeelel, National Anniversary Programme, (Government Official Gazette, No. 50 (237), 2001),p.
1193.
31
Human Development Report of Mongolia, 2000, p. 49.
•
•
•
•
•
developing living standards by reducing unemployment and poverty;
pursuing nature and environmental policy which guarantees an ecological
balance, in connection with regional social and economic development trends,
enhancing the living environment by reducing air and water pollution and soil
erosion of large urban areas by encouraging recycling
forming good governance to ensure human security by erasing governmental
crises
forming a highly moral, civil democratic society that uses the basic democratic
principles, fundamental individual rights and freedoms as a basis, by ensuring
independence of courts, press and media32
The National Security Council
The State Great Khural of Mongolia adopted the law on the National Security Council of
Mongolia in May 1992.33
The National Security Council of Mongolia (NSCM) is a state consultation agency which
regulates activities to develop integral state policy and coordinates policy implementation
and controls how to execute its own coordination.
The Council follows principles of respecting law, honouring and protecting vital national
interests, and making unanimous joint decisions. The NSCM runs activities on the basis
of the national security concepts adopted by the State Great Khural.
However, the NSCM is authorised to coordinate and regulate the implementation of
strategy and methods of the national security concepts by taking into consideration the
current situation. It is accountable to the Great State Khural.
The council has a common structure, consisting of council members, a secretary,
advisor, reporter and researcher. The President of Mongolia, the Chairman of the State
Great Khural and the Prime Minister are also members of the Council.
The secretary of the NSC is authorised to do research work on matter pertaining to basic
rights and duties of the Council, assessing and evaluating, explaining decisions,
organising the control of the implementation, and assisting the council in making use of
their authorisation, and informing them on studies and surveys and news about National
Security. The President appoints the secretary of the Council.
The vice chairman of the State Great Khural, the head of Standing Committee of
National Security and Foreign policy, the leaders of the party represented in the State
Great Khural and factions participate in meetings of the Council with advisory rights.
Cabinet members of the Government, heads of special agencies and administration
members of the General Staff of Armed forces shall be reporters. They are responsible
for investigating the issues of ensuring vital national interests and security in related
32
Turiin Medeelel, The Priorities of Mongolian Government Activities, (Government Official Gazette, No. 49
(186), 2000), p. 851.
33
National Security Council of Mongolia, (T&U Printing House: Ulaanbaatar, 2002), p.45.
fields, and determining necessary reports, commentary and draft resolutions to be
submitted in Council meetings and to be implemented in field units.
High-professional scientists and experts shall be nominated as specialists of the council
on an honorary basis. They are responsible for making professional summaries on the
basis of investigating and studying the drafts of the Council resolutions.
The Council establishes working groups on necessary issues such as domestic and
foreign events which benefit national security interests. For this reason the Council shall
have its scientific division, which deals with research, become involved in such
endeavours.
As provided in the Constitution, the President of Mongolia is the head of the NSCM. On
the basis of the legal acts and documents, the State Great Khural is authorised to
change the structure of the NSCM on the approval of the President of Mongolia.
The head of the NSC governs all activities of the council and has the following
authorities:
1)
2)
3)
4)
to fix the agenda of Council meeting, to appoint the date, and to chair the
meeting;
to submit approval on the expanding NSCM members to the State Great
Khural;
to represent the Council on implementation of the state foreign and
domestic policies, and
to organise NSC working groups.
The NSC is accountable to the State Great Khural. The Council is responsible for
determining state integral policy of ensuring national security, regulating activities and its
implementation, and monitoring these regulations:
1) to ensure security and existence of Mongolia by making research on the
political and social lives of citizens of the country, to fortify the state form and
social order defined by the Constitution, to strengthen national solidarity, to
guarantee human rights and freedoms, to ensure the population and its gene
pool;
2) to use the national resources of Mongolia in a proper way, defending and
developing national technology by enriching it with modern findings, to actively
participate in international economic alliances, to improve the development
capability on the basis of domestic economic potential;
3) to defend and develop national civilisation, intellectual properties and power;
4) to ensure the ecological security and to posses the authority to use Mongolia’s
own natural resources;
5) to develop instructions for State and Government visits to foreign countries
and with international organisations, to express the position of the state and the
government on certain issues of foreign and international organisations having
been determined in conformity with the state foreign policies;
6) to strengthen the structure and organisation of armed forces while determining
the state defence policies, to prepare the comments on the state foreign
conditions and put forth a proposal to the State Great Khural by the President;
7) to make an analysis on international society, economy, science, technology,
army and politics in terms of the national security and interests of Mongolia and
to ascertain necessary measures
As provided in the law on Armed forces, high rank military persons or the commander of
the General Staff of Armed forces shall be appointed by the President of Mongolia and
the Commander-in-Chief of Armed forces, upon the approval of the State Great Khural.
According to the Constitution of Mongolia, only the President, a member of the State
Great Khural or a Government Member respectively, have the right to initiate a law.
Citizens and other entities must submit their proposal on the draft law to the law
initiatives. Therefore, except for the above mentioned three subjects, no other subject
such as the NSC has the right to initiate a law.
The NSC is responsible for determining the state defence policy, strengthening the
structure and organisation of Armed forces, submitting proposals on the Bases of the
State Military Policy taking into consideration political external situations, by the
President of Mongolia to the State Great Khural. Furthermore, the NSC is authorised to
give instruction on how to solve important issues related to determining the basics of
state foreign and domestic as well as defence policy ensuring national security and its
implementation.
On the basis of its rights, the NSC submitted the basic legal document, ‘Basics of State
Army Policy of Mongolia’ which defined the defence policies that are a part of national
security, to the State Great Khural, and it adopted it by the enactment No. 56 in May of
1998 and was then put into force.
The basics of the state army policy is an official concept of the state, which is an
ideological document determining the proceedings of the state against any armed
aggression, protecting against war and from armed conflict, defending the country
against external armed aggression, to organising military and armed struggle. These
concepts shall be based on self-defence principles, which are defined in the Constitution
of Mongolia.
Proposals on changes in the defence ministry budget and other defence sectors could
be submitted only by the Ministry of Defence and the Cabinet, not by the NSC.
The Council makes resolutions on issues that have already been discussed and the
resolution is only of a consultative nature. On the basis of the council’s resolutions, the
state central administrative central organ and high officials (according to their authorities
and directions), must make decisions related to the resolution, and implement these
decisions through the proper procedural channels.
As the head of the NSC of Mongolia, the President of Mongolia possesses the right to
make decrees within his authority on the resolutions of the NSC and give instructions to
the Government on the issues of ensuring national security.
Upon consultation of the NSC, the State Great Khural and the Government have
adopted many laws, concepts and national programs to ensure national security, and
has started measures to implement them as well.
The Enactment of the ‘law on national security’ by the SGK in December 2001 was a
great success in regulating basic principles, policies and activities ensuring the National
Security of Mongolia.34
The importance and new provisions of this law are explained in the following:
1. Basic principles of activities ensuring national security include:
1) respecting the vital interests of the state and the nation;
2) defending human rights and freedoms;
3) respecting laws;
4) regulation shall be integral and interrelated;
5) continuous and efficient;
6) information shall be objective;
7) state organisations and citizens are to be mutually responsible;
8) respecting the national solidarity;
9) disclosure shall be guaranteed.
2. It is legislated that the political parties, unions, non-governmental organisations and
citizens of Mongolia should actively participate in the implementation of laws and
legislation ensuring national security.
3. The organisations that have special obligations to ensure national security are defined
as:
1) nature and environment protection service;
2) Customs service;
3) Diplomatic corps;
4) Civil Defence Office;
5) Professional Monitoring Agency;
6) Armed forces and other forces;
7) Inland Revenue and;
8) Emergency offices.
4. Roles of the state supreme and central authorities, officials, local self-governing
authorities, nongovernmental organisations, economic entities and civilians on
determining, implementing and monitoring policies of ensuring national security are
defined.
5. It is stated that voluntary working groups, which consult on resolutions and
implementation issues, determine the draft resolutions and exchange information on
ensuring national security between the state organisations, shall be established under
the NSC. For example:
34
Turiin Medeelel, Law on National Security, (Government Official Gazette, No.3 (240) 2002),p. 58.
1) Foreign policy;
2) Information security;
3) Professional monitoring;
4) Emergency offices;
5) Military policy;
6) Religious matters;
7) Economic policy;
8) Ecological policy.
The provisions on the NSC of Mongolia, which are provided in the Constitution and other
laws and legislation, are to be found in Appendix one.
Components of Manpower – Manpower in the Security Sector
Members of the Armed forces represent all social strata of the population. Civil military
relations between civilians and soldiers of Mongolia have historically strong, longstanding roots and ensure the freedoms and independence of the country with joint
force. This dynamic is fundamental to the increasing and strengthening capability and
readiness of the Armed forces.
Development of the armed forces is based on economics, stable development, healthy
competitiveness, participation and support of the state and citizens, and strong legal
foundations incurring mutual obligations.
The armed forces are a special state institution. Therefore, all its activities shall be
controlled by the state and run within a strict legal framework.
The military service of the Mongolian Armed forces comprises active and reserve
services. Implementation of military duties by the citizens of Mongolia in the Armed
forces and other troops is counted as active military service and the citizens in the active
service are counted as military personnel.
Active military service is made up of privates’ and sergeants’ service, non-commissioned
officers’ service and officers’ service.
Regulation of the officers’ and non-commissioned officers’ military service is defined by
the Ministry of Defence. Of the total Armed forces personnel, 64.4 per cent are privates
and sergeants serving for a fixed-term, 3,5 per cent are military cadets, 32.1 per cent are
permanent manpower, (i.e. officers, non-commissioned officers and contract personnel).
On this matter, improving the professional capability and skills of the NCOs, who
comprise the two-third portion of the total armed forces, and increasing its number shall
be a goal.
Privates’ and sergeants’ service comprises fixed-term service and contractual services.
In the Armed Force units, a volunteer contractor may serve as a private or sergeant.
The term for the first contract is 24 months. The term of the fixed-term service of the
private and sergeant is 12 months. Study period for cadets is counted as active military
service.
A military serviceman takes the Military Oath to serve honestly the nation and the
people. The number of draftees is defined annually by the Government of Mongolia upon
consultation with the President
Citizens aged between 18 and 25 are drafted for active privates’ and sergeants’ service
and they can serve until the age of 27. NGOs can serve until the age of 45. Officers may
serve until the age 45 for junior officers, 50 for senior officers, and 55 for generals. A
citizen who reaches the age of 17 is eligible for admission as cadet in military training.
As stated in the Law on Military Duty of Citizens and on the Legal Status of the Military
Personnel, females can serve as NCOs and officers on a voluntary basis until the age of
45. One-tenth of the total number of officers and NGOs are women.
Those who constitute the service in military reserve are as follows: those in a state of
being enlisted in the military reserve service, and those who have accomplished
assigned duties during mobilisation training and musters, as well as other missions
defined in the law, by men under the age of 45 who complete private’s or sergeant’s
service, retired senior officers aged 60 or under, other retired officers and NCOs under
55, and women with military service assignments
Military reserve service consists of 1st grade and 2nd grade services. 1st grade reserve
servicemen are citizens demobilized from active military service, while 2nd grade service
persons are men without active service background and women with military
assignment. For the sake of elevating military readiness of the reserve servicemen, they
are involved with mobilisation exercises and musters.
According to a decision by the President of Mongolia, a reserve serviceman can be
drafted for active duty for period not exceeding three months.
For human rights reasons , freedoms, religious faith or moral/ethic belief, a citizen of the
military service age or the one with 2nd grade military reserve duty may, upon his
personal request, join an alternate form of military service, as described by law. This
alternate service includes activities in professional or specialised civil defence units and
subunits or paramilitary units for Border Troop assistance and other humanitarian
organisations.
Terms for alternative service is 24 months. The Government may extend the duration of
this term for a period not exceeding 3 months.
Another form of alternate military service can be monetary compensation as a substitute
for personal active service defined by law. The State Great Khural defines the conditions
for the allowance of substitution payment and the Government annually defines the
amount of payment.
Military personnel, as citizens, have human rights and freedoms and are legal subjects
as provided in the Constitution. Due to the use of armed forces and features of military
service, some legal restrictions and reductions as well as advantages are legislated by
law.
The personnel of the Armed forces and reserve servicemen who are involved in the
mobilisation exercises, assembly and musters are subjects of legal documents defining
the status of military personnel.
The following are a set of legal restrictions on public and political activities imposed on
military personnel.
Military personnel are not allowed to:
•
•
•
•
•
•
associate for political purposes, be a member of organisations conducting
political activities;
resist binding governmental policies, decisions of military authorities and orders
by the commander;
organising or participating, without prior permission of the commander, in
demonstrations and gatherings other than those specified in military rules;
attending, during the active service as privates and sergeants, any training
programs other than those organised by the respective military authorities;
travelling abroad without prior permission of the respective commanders;
for officers and NCOs who used to hold positions with access to classified
documents and/or equipment, to permanently reside in foreign countries in the
three years following their retirement from active military service;
According to the State military policy, in peacetime the Armed forces are assigned to
multipurpose missions which began to dominate the non-combat duties.
The reorganisation of armed forces into professional-oriented forces is a critical
objective. Military training establishments have been adapting itself to the increased
requirements for educational standards dictated by the present information era.
Special importance has been given to the training of permanent staff on active service.
The training of professional military cadres with full graduate, post and undergraduate
education and R&D work were concentrated within the Military University.
The Defence University consists of the Defence Management Academy, the Military
Institute, the Civil Education Institute, the NCOs’ training centre, the Military Music
College and the Institute of Defence Studies.
The Academy of Defence Management trains the military with a Master’s Degree in
military science and higher military qualifications in the areas of strategic tactics and
military management. The Military Institute trains military officers in combined militarycivilian higher education certificates, in ten military specialties and nine civil ones, such
as public management, radio-engineering, radio-electronics, auto-engineering,
construction-engineering, construction machinery engineering. The Civil Education
Institute trains civilians in the disciplines of economics, law and state administration. The
NCO training centre trains junior military specialists in more than 30 fields. The Military
Music College trains in specialties of military band conductor and musician.
The Institute for Defence Studies conduct research on defence policy study, civil-military
relations, military theory and art, innovation of equipment and technical experiments, and
military history.
Privates and commissioned officers are involved in two training periods, each of five and
half month’s duration. The first stage is the junior specialists and sergeants training. At
the second stage they participate in collective training. After that they will be discharged
as first grade military reservists fully able to engage in any military duties.
One of the factors which has greatly influenced civil-military relations is civilian personnel
employed in the defence sector. Civilian personnel in the defence field are advertisers of
the activities and situations of the Armed forces among civilians.
Depending on the features of their service duties, ordinary personnel of Armed forces
work overtime. Additionally, due to job requirements, they participate in regular exercises
for many days and months with permanent team duties under difficult psychological and
weather conditions. Also, they deal with common service and delivery work involved in
the daily functioning of the military organisation.
Furthermore, they do contract work to fulfil some necessary duties in Armed forces and
have a certain involvement with secret military materials. Some of them work in rather
difficult situations such as dealing with battle equipment, techniques and fire arms, as
well as their storage, protection and repair.
Stabilisation of the security environment of Mongolia, disappearance of possible military
threats and friendly relations with neighbouring countries necessitates a restructuring of
the Armed forces.
The Government policy to civilize the army and to involve more civilian personnel in the
defence sector increases their responsibility as well as role in the defence sector.
In the so called ‘Development Program of Military System until 2005’, which was
adopted by the President’s decree No 34 of 2002, it is provided to transfer some
positions of the officers to master sergeant’s position and to hire civilians for positions
that do not require military professionals. According to this, civilian personnel who
graduate from civil universities and institutes initially work in the position of officers, for
example, financial directors of military units and organisations, doctors, teachers,
information and technical workers.
Within this framework, the number of civilian personnel in the Armed forces is
increasing.
Therefore, a ‘Draft Law on Legal Status of Civilian Personnel of Armed forces’ is being
processed at the Ministry of the Defence. The draft law is designed to restrict some
rights of civilian personnel of the Armed forces in accordance with features of military
duties and to regulate work relations which arise in this situation.
Recruitment, selection, promotion and replacement of the civilian personnel of the
Armed forces shall be regulated in accordance with Labour and official State laws.
As provided in the Constitution, citizens of Mongolia shall have the right to education and
work, and also to choose his place in job position??.
Personnel of the defence sector assigned as political state personnel, state
administrative personnel, state specialised personnel and state service personnel have
their supply and wages defined by a special network of the Government in the
conformity with their field experience, position and job terms.
Military personnel count as state specialized personnel and civilian personnel count as
state service personnel. Civilian personnel of the armed forces have the opportunity to
receive further education, to attend courses and to be enrolled in bachelor’s, master’s
and doctoral study. Besides, if necessary, the organisation they are working for
facilitates their education by paying necessary fees.
In accordance with ordinary personnel’s interests, the leading high professional
personnel could be involved in master sergeant’s and officer’s courses in order to
become professional master sergeants and officers.
Military workers have the right to receive medical treatment free of charge and the state
must also cover the educational fees for one of their children.
Depending on special technical and harmful conditions, workers may incur extra wages.
Ordinary personnel, much like master sergeant and officers, must have annual health
examinations.
Today, 60 to 70 per cent of the secretariat of the defence sector is supplied internet
connection through internal networks in the office.
The Minister of Defence and the administration of the Armed forces of General Staff are
obliged to report and inform on the implementation of defence and military policies and
activities to the President of Mongolia, as a commander-in-chief of Armed forces.
The Defence Ministry has regular relations with the Cabinet Secretariat in the framework
of its objectives and missions.
The Minister of Defence informs the State Great Khural at least two times a year about
the activities of the defence sector.
A ‘Conference of Armed forces Administrative Workers’ is held once every three years
upon the initiative of the President of Mongolia, the commander-in-chief of Armed forces.
The conference evaluates the activities of the organisation and defines further objectives
of this field.
The State Great Khural and the members of the Standing Committee for Security and
Foreign Affairs are introduced to the activities of military units and defence field and
implementation process of laws and legislation of this sector according to special plans.
For the State Great Khural, draft laws and legislation related to the defence sector shall
be discussed in meetings of the Standing Committee of Security and Foreign Affairs of
the SGK. If it supported by the standing committee, then it will be discussed in the
session of the SGK.
In the framework of the policy of preparing defence field personnel and developing their
knowledge and education, the workers participate in foreign and domestic training and
seminars as much as the defence sector can afford. According to joint contracts and
treaties which guarantee covering education fees, workers usually attend the training
and seminars in the developed countries. For example, within the last 3 years, an
average 70 officers and personnel were involved in the training of the General Staff
Academies and language courses in 10 countries such as the Russian Federation, the
People’s Republic of China, the USA, Germany, Japan, Turkey, India and Switzerland.
In recent years, over 300 officers were involved in training courses, conferences,
seminars and symposia in the USA.
Personnel of the Defence Ministry have rights to enter related agencies, economic
entities, the General Staff of Armed forces, units and unification of armed forces by
showing their official identity cards. If an appointed working group and commission of
Defence Ministry aims to control and consult, they shall give definite work guidance.
Looking at the social and political system as well as relations between state
organisations, the Armed forces and social and public understanding, one can conclude
that there is a basis for the formation of civil-military relations. A civil military relation
within social systems developed in Western countries is developing in our country in
conformity with national features.
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APPENDIX 1
Related provisions of the Constitution of Mongolia and other laws and regulations for the
implementation of the National Security Concept
THE CONSTITUTION OF MONGOLIA
Article 5
4. The State shall regulate the economy of the country with a view to ensure the nation’s
economic security, the development of all modes of production and social development
of the population.
Article 6
4. The State shall have the right to hold responsible the land owners… and to confiscate
the land if it is used in a manner adverse to the national security.
Article 11
1. The duty of the State is to secure the country’s independence, ensure national
security and public order.
Article 16
The duty of the State is to secure the country’s independence, ensure national security
and public order: 2. Right to healthy and safe environment, and to be protected against
environmental pollution and ecological imbalance. 10. All political parties and other
public organisations shall uphold public order and State security, and abide by the
law.17. …to defend the State national security and public order, secrets of the State,
individuals, or organisations which are not subject disclosure shall be defined and
protected by law.18. The right to travel and reside abroad may be limited exclusively by
law in order to ensure the security of the nation and population and protect public order.
Article 18
5. In allowing foreign nationals and stateless persons residing in Mongolia to exercise
the basic rights and freedoms provided for in Article 16 of the Constitution, the State may
establish certain limitations upon the rights …out of the consideration of ensuring the
national security, populations, and public order.
Article 19
3. In exercising his/her rights and freedoms one shall not infringe on the national
security, rights and freedoms of others or violate public order.
Article 38
2. The Government shall implement ….the following powers: 6….to ensure national
security.
LAW ON PRESIDENT OF MONGOLIA
Article 13
The President enjoys the following prerogative rights for ensuring the national security
and country’s defence: 13.3 If considered necessary for the interest of ensuring the
national security, he can get acquainted with the specific activities of organisations
responsible for the national security and receive information. 13.4 Hear reports and
information from authorities of competent organisations responsible for the defence,
national security and economic, ecological safety. 13.5 Define the military doctrine and
composition and structure of armed forces as result of discussion with the Government
and present it to the Parliament. 13.6 Under the extraordinary circumstances as
stipulated in Article 25, item 2 and 3 declare a state of emergency and war martial law
or mobilise military force in the whole or a part of the country’s territory when the
Parliament is in recession or in urgent situation...
LAW ON PARLIAMENT OF MONGOLIA
Article 17
2. The Standing Committee shall exercise its prerogative rights in following framework:The Standing Committee of Security and Foreign Policy:- National Security of MongoliaNational Security Policy of Mongolia- Defence and Armed forces of MongoliaConservation and Safety of state secrets - Border of Mongolia and its safeguardingForeign Policy- Assignment of head of plenipotentiary representative office in foreign
country - International treaties of Mongolia, Membership of Mongolia in international
organisations
Article 19
1. The Parliament shall have the following sub-committees under the relative Standing
Committee:
1. Under the Standing Committee of Security and Foreign Policy:
•
Special Monitoring
4. The sub-committees shall implement the following tasks:
1. Sub-committee of Special Monitoring:
•
•
•
•
•
Security of Mongolia,
Conservation and Safety of state secrets,
Compliance of intelligence activities with relevant laws and regulations,
Safeguarding of state borders,
State special protection.
LAW ON GOVERNMENT OF MONGOLIA
Article 8
The Government shall exercise the prerogative rights on the development and
implementation of consolidated policy of economic development, science and
technology: 8.5 Shall take implementation measures to ensure economic security of
Mongolia.
Article 11
The Government shall exercise the prerogative rights on the environment protection and
proper usage of natural resources: 11.2 … ensure ecological security…
Article 13
The Government shall exercise the prerogative rights to ensure state defence and
national security: 13.1 Shall develop and implement policies for state defence, national
security and military. 13.2 Shall take measures to strengthen the Armed forces.13.3
Shall direct and implement the safeguarding activities of state borders. 13.4 Shall
develop and implement the methodology to ensure national security 13.5 Shall take
measures to establish and to replenish materialistic reserve required for the state
defence and national security. 13.6 Shall direct and implement the conservation
activities of state secrets. 13.7 Shall direct and organise civil protection activities to
protect the population against natural disasters and other emergencies and disaster
relief operations.
LAW ON DEFENCE
Article 3
1. The Defence is a component of activities to ensure the national security.
2. The Defence a complex of activities with political, economic, social, legal and military
purposes to protect the sovereignty, authority and territorial integrity of Mongolia and
ensure the state readiness against outside aggression.
Article 4
1. The duty of State is to protect the nation’s sovereignty and to ensure national security.
The State shall establish and implement an integrated and flexible system for the
defence of the nation.
LAW ON ADMINISTRATION, TERRITORIAL UNITS, THEIR GOVERNING BODIES
Article 15
The Governors of the aimags and the Mayor of the capital city shall have the following
prerogative rights: 5. Supervise activities aimed to ensure the military, civil defence and
public order within the local territory, cooperate with military units, divisions and other
law enforcement organisations to ensure the national security.
PATENT LAW
Article 20
1. In the following cases, on the request of any interested person, the Intellectual
Property Office may grant a compulsory license in respect of a patented invention. 1/ If
the invention must be used for a purpose associated with the public interest, in particular
with national security, food supply or health.
LAW ON BORDER OF MONGOLIA
Article 10
The following principles shall be applied for setting and amending the procedure to allow
entry of travellers, transport means, goods, livestock, animals, plants or raw materials
and goods through the State border: 1. Ensure the national security.
Article 30
1. The safeguarding of the State border is an inseparable part of the activities aimed at
ensuring national security and State defence. Border safeguarding means that the
activities are carried out in coordination with military technical engineering and
maintenance of order by State Border. Organisations in the border strip and border area
are responsible for ensuring the inviolability of the State border, implementing
international treaties of Mongolia on border issues and border laws and regulations, and
detecting and stopping border violations.
LAW ON THE RELATIONSHIP BETWEEN STATE AND MONASTERY
Article 3
3.4 The freedom of religious worship or non-worship of the citizen shall be regulated by
Mongolian laws and regulations and responsibilities agreed by Mongolia in international
treaties provided that such freedom does not contradict with medical, ethical, national
security and public order considerations.
Article 4
4.4 In the case of damage caused to the national security of Mongolia, the State has the
right to advise the Monastery regarding such activity and to suspend it if necessary.
Article 5
5.2 The President of Mongolia shall regulate the relations between the State and
Monastery and interrelation of religions in harmony with the interest of national security
and people’s unity.
LAW ON LEGAL STATUS OF FOREIGN CITIZEN OFMONGOLIA
Article 19
The following persons shall be refused entry to Mongolia: 4. Persons who threaten the
national security, people’s safety or the public order of Mongolia.
Article 20
2. The exit of foreign citizens shall be prohibited for the following reasons and periods of
time: 4/ Persons who threaten the national security, people’s safety or public order of
Mongolia.
LAW ON INTERNATIONAL TREATIES
Article 10
The following international treaties must be included in ratified treaties: 1. Including in
international treaties related to human rights, state borders, territory, security and
sovereignty of Mongolia.
LAW ON PROCEDURE OF ORGANISING DEMONSTRATIONS
Article 8
8.1 Shall prohibit organising demonstrations for the following purposes: 8.1.1 To
promote war, cause splits between ethnic groups, to discriminate by nationality,
language, race, age, gender, social origin, social class or religion, to carry out act of
terrorism or sabotage, to call upon illegal take-over of state power. 8.1.2 To create
disorder to cause damages to national security and public order.
LAW ON LAND OF MONGOLIA
Article 4
The State shall follow the following principles with regard to the land: 5. Any activities
that harm the people’s health, environmental protection, and national security or disrupt
the ecological balance shall be prohibited.
Article 18
1. The following lands shall be considered as the lands for special use of the State: 2/
Border strip 3/ Land granted for the purpose of ensuring State defence and national
security.
LAW ON STATE SECRETS
Article 5
Confidentiality context of the State secrets: 5.1 In the context of the national security of
Mongolia: 5.1.1 Information, documents or classified parts of other items related to
ensuring the national security concept and economic security of Mongolia; 5.1.2
Information of extraordinary importance related to foreign policy and position of
Mongolia, classified international treaties, contracts or their drafts agreed by Mongolia.
5.3. In the context of economy, science and technology: 5.3.1 Scientific and research
work, experiments, discovery, design, national and innovative technology of special
importance for ensuring national security, economy and defence. 5.3.3 The quantity of
strategic raw materials, reserve of materials, exploitation and supply are of great
importance for ensuring the defence and economic security.
LAW ON APPROVAL OF LIST OF STATE SECRETS
Article 1
The following information, documents and objects shall be considered as State secrets:
One. In the context of national security of Mongolia:
1. Classified and encoded information, documents, objects included in the state
confidentiality by law that relates to the national security, foreign policy concepts,
doctrine, state sovereignty and territorial integrity of Mongolia. - Category of secrecy:
Classified category - Length of concealment time (years): Permanent
Article 20
20.1 The State secrets may be transferred with following reasons:
20.1.1 to achieve specific objectives by using the State secrets with other organisation
for the purpose of ensuring the national security of Mongolia.
Article 21
21.4 In case of special circumstances to urgently reveal State secrets for ensuring the
national security of Mongolia, the President of Mongolia shall issue a decision based on
the opinion of the Head of the Central Intelligence Agency.
ENVIRONMENTAL PROTECTION LAW
Article 13
The Parliament shall exercise the following prerogative rights on environmental
protection: 2. Approve the national program for ecological security and environmental
protection as presented by the Government.
Article 14
The Government shall exercise the following prerogative rights on the environmental
protection: 1. Organise activities to develop and implement the national program for
ecological security and environmental protection.
Article 19
19.1 Mongolia shall have a financially guaranteed National Program for ecological
security and environmental protection.
LAW ON STATE AND LOCAL PROPERTY
Article 12
12.2 The authority of the State administrative body is responsible for the properties of
state-owned legal entity manufacturing products and for the purpose of ensuring national
security and defence may be further specifically defined there within.
Article 56
56.4 The Government may develop specific procedures for selling the state shares of
legal entities with state property involvement of strategic importance for the national
security.
LAW ON CULTURE
Article 19
3. It is prohibited to carry out cultural events to promote war, terrorism, and pornography
or to damage the sovereignty, national security, and culture of Mongolia.
LAW ON CITIZENSHIP
Article 10
1. In following cases, foreign citizens and state-less persons shall be refused Mongolian
citizenship: 2. Conducted or conducting activities against the interests and national
security of Mongolia.
Article 12
In following cases, relinquishing of the citizenship of Mongolia shall be refused:
3. If relinquishing the citizenship of Mongolia threatens the social and national security of
Mongolia.
LAW ON STATE INSPECTION
Article 7
1. The State Inspection Committee shall exercise the following prerogative rights in
accordance with its duties: 1. To conduct inspections at the following organisations and
business entities: 2/ …The Chairman of State Inspection Committee or trusted officer of
the Parliament shall carry out inspections on the disbursement of budgeted assets for
the purpose of executive activities of Intelligence Agency, Armed forces, other military
and Police Force. The reports of such inspections shall not be discussed at the meeting
of the State Inspection Committee.
LAW ON UNIFIED MEASUREMENT
Article 7
2. The measuring devices and measurement methodology to be used in the following
activities shall be included in the State Measurement Inspection:
6. Activities related to ensuring the state defence and national security.
LAW ON STATE SPECIAL PROTECTION
Article 7
1. The Parliament sessions, Government, meetings of National Security Council, high level international summits, negotiations, forums and conferences shall be under the
State Special Protection.
LAW ON SAFETY OF RAILWAY TRANSPORTATION
Article 6
10. The procedures for loading, unloading, transporting and storing of secret and highly
dangerous explosives, radioactive, poisonous substances that may harm the people and
environment shall jointly be approved with the Railway Authority.
11. The Railway Authority, State Administrative Body responsible for the state security
and Central Police Authority shall jointly discuss and approve travel arrangements of
special trains when the Head of State of Mongolia or Political Head of foreign countries
or high-level officials are travelling.
LAW ON ARCHIVE
Article 20
6. The Court, Prosecutor’s Office, Foreign Relations, Organisations responsible for
ensuring national security and the Central Police Authority may have categorised
archives for the purpose of trying cases, registering inquiries, investigating and storing
original documents, contracts and treaties related to defence and national security.
LAW ON STATIONING AND TRANSIT CROSSING OF FOREIGN TROOPS THROUGH
THE TERRITORY OF MONGOLIA
Article 4
4.1 The following basis shall be applied for the stationing or transit crossing of foreign
military forces:
4.1.4 The decision of the Government to provide the request of the Government of
foreign countries to transit its military forces through Mongolian territory or air space can
not conflict with the national security Mongolia.
MEDICINE LAW OF MONGOLIA
Article 4
4.1 The National Medicine Policy is an inseparable part of the Integrated Policy of
National Security of Mongolia.
LAW ON INTELLENCE AGENCY
Article 10
10.1 The Central Intelligence Agency is a state administrative central authority with the
purpose of coordinating activities of intelligence agencies, developing and implementing
policies to ensure the national security in conjunction with intelligence methods.
Article 11
11.1 The Central Intelligence Agency shall execute the following tasks:
11.1.1 To find out, collect and analyse intelligence information for the purpose of
ensuring the interest and national security of Mongolia and report the conclusion to the
authorities or officials stipulated in this law;
11.1.3 To prevent, detect and stop the activities that may cause serious harm to the
economic security of the State;
11.1.5 To protect, within governmental authority, the security of the Mongolian border,
Armed forces and other military forces.
11.1.6 To ensure the security of information and communication of the State.
Article 15
The prerogative rights of the Head of the Central Intelligence Agency:
15.1.6 To provide information to the President of Mongolia, Speaker of the Parliament
and the Prime Minister regarding the issues related to the national security and to put
forth suggestions;
LAW ON FOOD
Article 3
3.1.2 ‘Food Security’ means the fulfilment of food quality and health standards.
Article 4
4.1 The Parliament shall exercise the following prerogative rights on food issues:
4.1.1 To define policy to be followed by the State for the people’s food supply and
security and monitor the implementation.
Article 5
5.1 The Government shall exercise the following prerogative rights on food issues:
5.1.3 To define food security indicators and inspection procedures for the entry of food
through the state border.
Article 6
6.1 The State Administrative Central Body responsible for food issue shall exercise the
following prerogative rights:
6.1.1 Taking into consideration the food supply and security, make announcements to
the public regarding the quantity, types of strategic food, and livestock to be imported
and exported for the given year.
Article 7
The prerogative rights of the Governor and Citizens Representative’s Meeting of aimag,
capital city, soum and districts:
7.2 Must report every year to the Citizens Representative Meeting regarding the realistic
implementation of policy, programs of food security and public consumption statistics
within the local territory and to report the relevant issues to the related authorities;
Article 11
11.1 To direct security monitoring to the food preparation, processing, production,
packing, transportation, selling and waste reuse stages.
Article 12
12.1 The food security inspection shall be carried out by the Professional Inspection
Organisation nationwide and by Inspection Units in rural areas.
Article 13
13.1 The food security inspection shall be carried out by a professional State Inspector
in the field of food production and technology, health, fauna, ban, veterinary and
hygiene.
Article 14
14.3 According the related procedure, the Authority of Standardisation and
Measurement shall grant credentials to the laboratory to verify the food security.
Article 15
15.1 The legal subject possessing laboratory credentials may monitor food health,
quality and security.
Article 16
16.2 Citizens or non-governmental organisations shall monitor food security and inform
the State Administrative or Inspection Authority or State officials regarding any breach
discovered and warn the public via media means.
LAW ON THE NUCLEAR- WEAPON-FREE STATUS OF MONGOLIA
Article 1
1.1 … pertaining to the preservation of the territory of Mongolia in its entirety, including
its air space, land, waters and the sub-soil free from nuclear weapons…
LAW ON PROTECTION AND SECURITY OF RADIOACTIVITY
Article 3
3.1 The definitions used in this Law shall have the following means:
3.1.4 ‘The Radioactivity Protection and Security’ means securing the protection of
people and environment from radioactive substances or other influences generating
ionizes radiation and generators of radioactivity.
LAW ON TELECOMMUNICATIONS
Article 20
20.1 Special telecommunication networks may be set up for the purpose of Mongolia’s
defence and security, the maintenance of public order in Mongolia and for the use of
State and local governing bodies.
CRIMINAL CODE
Article 1
1.1 The purpose of the Criminal Code of Mongolia shall be to protect individual’s rights,
public and private property, freedoms, national wealth, environment, security of society,
legal order, independence, state system of Mongolia, peace and security of the mankind
from criminal encroachments.
Article 79
79.1. An action committed deliberately by a citizen of Mongolia to the detriment of the
external security of Mongolia, its sovereignty, territorial integrity, defence capacity:
disclosure of a state or military secrets to a foreign state, espionage, defection to the
enemy at wartime or during an armed conflict, giving help to a foreign state in carrying
out belligerent activities against Mongolia by committing especially dangerous crimes
against the State on the instructions of authorities or representatives of a foreign states
shall be punishable by imprisonment for a term of 16 to 25 years.
Article 80
80.1. Transfer, stealing or collection with the view of transferring to a foreign state,
foreign organisation or their agents, of data constituting a state or military secret, as well
as a transfer or collection of the instructions of foreign intelligence services of other data
with a view of causing detriment to the sovereignty, national security or defence capacity
of Mongolia by a foreign national or a stateless person shall be punishable by a term of
imprisonment of 16 to 25 years.
Article 84
84.1. Causing explosions, arson or other action aimed at mass destruction of people,
infliction of bodily injuries or other detriments to health; destruction or damage of
buildings, works, ways and means of communications or other property, other sabotage
actions, spread of highly infectious human, livestock or plant diseases, mass poisoning
of people or mass death of humans, livestock and animals with a view of weakening the
economic capacity of Mongolia shall be punishable by imprisonment for a term of 16 to
20 years or the death penalty.
Article 87
87.1. Disclosure of data, documents, objects or activities which constitute a state secret
by a person who was entrusted with such data or who has learned them by virtue of
his/her job or position, if such an act constitutes the crimes of treason or espionage,
shall be punishable by imprisonment for a term of up to 5 years.
Article 88
88.1. Loss of data, documents or tangible objects which constitute a state secret by a
person who was entrusted such data or who has learned them by virtue of his/ her job or
position in result of violation of the established rules of handling such data, documents,
objects or activities shall be punishable by imprisonment for a term of up to 2 years.
BASES OF THE STATE MILITARY POLICY OF MONGOLIA
II. The basic directions of the state policy on averting the threat of armed aggression
Mongolia, while implementing its self-defence objectives, relying on the concepts of its
national security and foreign policies, shall make political and diplomatic means its
precedence.
CHAPTER SIX
FOREIGN RELATIONS AND PEACEKEEPING ACTIVITIES OF
THE DEFENCE SECTOR
S. Ganbold Ph.D.
Senior Research Worker of the Institute for Defence Studies
G. Ragchaa Ph.D.
Deputy Commander of the General Staff of the Armed forces and Head of
the Peacekeeping Activities’ Office
As result of the democratic revolution in Mongolia, which began at the end of the 1980s
and beginning of the 1990s, the country was transformed into a new social system. With
this, the foreign policy has changed, and Mongolia has begun to adhere to a multi-pillar
foreign policy. The changes and reforms in all sectors through the society exerted
influence on the defence sector and armed forces.
Mongolia is striving to develop equal relationships with other countries, and this affects
not only political and economical sectors, but also military foreign relations. Before the
1990s, Mongolia had military foreign relations only with Soviet Union and other socialist
system countries, and the relations had a political and ideological nature. For Mongolia,
the main partner of defence was the Soviet Union. However, one-sided relations
prevailed for tens of years.
After the socialist system broke down as a result of global changes and reforms, the
Soviet Union’s soldiers were completely withdrawn from Mongolian territory, and foreign
relations’ development of the defence sector of Mongolia stagnated. At this time,
Mongolia started some principal reforms in its defence policy and promulgated some
laws, legislation, and legal documents in accordance with the reforms.
In the context of the aforementioned policy change, it was necessary to modernise the
Mongolian Armed forces, and this objective was considered at the state policy level. A
main factor to successfully implement military reforms was to develop foreign relations of
the defence sector in connection with state policy.
In fact, Mongolia was confronted with the issue to reform its defence sector foreign
relations with other countries on an innovative basis, and in accordance with the new
environment and condition as well as to refresh its traditional relationship with the
Russian federation and the People‘s Republic of China.
‘The foreign policy concept of Mongolia’ stipulated that ‘the foreign policy of the country
shall be mainly oriented towards creating opportune external conditions for developing
economic, scientific and technological sectors, thereby ensuring the fundamental
national interests by means of diplomacy’. Additionally:
a friendly diplomatic relationship with the Russian Federation and the Peoples
Republic of China is the main objective of the foreign policy of Mongolia.... At the
same time, the particular matter of economic cooperation and long lasting
tradition between both countries should be taken into account.
The country has adhered to these provisions in its defence sector foreign policy.
On the basis of legal documents such as Bases of the State Military Policy, Concepts of
National Security as well as Foreign Policy Concept of Mongolia, the ministry of defence
passed in 1997 ‘the main orientation of foreign relations and cooperation of the defence
sector’. In this sense, the relationships with the Russian Federation, the People’s
Republic of China, the USA and the Federal Republic of Germany were given first
priority, and Mongolia has thenceforth paid strong attention to the cooperation with these
countries. Also, it is considered important to strengthen mutual military confidence in the
countries by keeping good political and economic relations. Policy towards broadening
its relationship with these countries should be pursued.
As result of this new orientation, the foreign policy of the defence sector of Mongolia
pursues a beneficial policy in order to properly use the fruits of cooperation and military
relations with two neighbouring countries, plus other foreign countries of the Asia-Pacific
region. With this, aims such as having professional and compact armed forces, bringing
military structure up to international standards, and strengthening a united system of
defence, national security and interests by political and diplomatic means in context of
Mongolia foreign policy shall be reached.
On the basis of the above mentioned factors and conditions, foreign relations of the
defence sector of Mongolia have been redeveloped in their form and content in a fully
new environment since the beginning of the1990’s. First off, relations with the Russian
Federation and the People’s Republic of China will be explored.
In the second part of the present chapter we will discuss how Mongolian Armed forces
can most effectively participate in peacekeeping activities of the UN.
The Relationship between Mongolia and the Russian Federation
At the beginning of the 1990s, when Soviet soldiers were withdrawn from Mongolia,
there were deep changes in the society and political life of both countries. In Mongolia,
there was a democratic movement, and the foundations of a new and democratic state
was laid. The Soviet Union disintegrated and as a result of this the Commonwealth of
Independent States (CIS) was established.
In this way, the former People’s Republic of Mongolia and the Union of Soviet Socialist
Republics were replaced by two new countries and an era of equal and mutually
beneficial cooperation began, a change from the old pattern of an unequal defence
relationship. On the other hand, these two countries’ relationship distanced itself from
traditional ideological dogmatism and fraternity as well as the former confrontational
policy pattern towards other countries. Both countries now have a new mutual
relationship accepting taking into account the national interests of both countries.
Towards the beginning of the 1990s, Mongolia began extensive social, political, and
economic reforms, and some barriers accompanied these. The defence sector was
strongly affected by these reforms. Because Mongolia was a military ally of the former
Soviet Union and relied on its support for many years, certain problems arose upon the
implementation of military reforms. Mongolia has tried to restore its former relations and
receive support from the Russian Federation in view of their long lasting tradition with
the aim of making military reforms and running ordinary defence activities in Mongolia.
Considering this fact, Mongolia has paid relatively more serious attention to establishing
mutually beneficial relations and cooperation. Official visits of the commander-in-chief of
the General Staff of the Armed forces of Mongolia in 1991 and the Minister of Defence of
Mongolia in 1992 to the Russian Federation manifested the effort of Mongolia to
establish a good relationship. Unfortunately, neither visit achieved the expected results.
These visits took place upon the initiation and request of Mongolia but at a time when
the relationship between Mongolia and Russia was contradictory in many respects and
Russian criticism and some vocal anti-Russian opposition arose in Mongolia. On the
other side, the badly timed visit was clearly hampered by other factors such as the
disintegration of the former Soviet Union, the rebuilding of the Russian Federation and
general social, political and military army unrest in the Russian Federation.
A year later P. Ochirbat, the First President of Mongolia and Commander-in-chief of
General Staff of the Armed forces, paid an official state visit to the Russian Federation
by the invitation of B. N. Yeltsin, the President of the Russian Federation, in January
1993. Thanks to this visit, they signed the ’’Treaty between Mongolia and the Russian
Federation on friendly relations and cooperation’’, which stated that both countries intend
to cooperate in the field of defence and security. In the second article of the treaty it was
stipulated that
the contracting parties will develop equal and mutually advantageous
cooperation on a sustainable and long-term basis in political, cultural,
educational, scientific and technological fields, art, health, defence, ecology, road
and transport, telecommunications, information, humanitarian and other fields1
On June 28, 1993, on the basis of the treaty provisions, the Commander-in-Chiefs of the
General Staffs of the Armed forces of Mongolia and the Russian Federation conferred
on the issue of the withdrawn Soviet troops from Mongolia. As a result of the negotiation,
the ‘Agreement on Military Cooperation between the Ministry of Defence of Mongolia
and the Ministry of Defence of the Russian Federation’ was signed.
According to this agreement, the contracting parties agreed to develop military
cooperation in fields such as: military, military science, military hospitals, preparing and
training military personnel, civil-military relationships, and cultural relations. With this, the
parties agreed to accomplish military cooperation by paying official visits at various
levels and organising various other measures including: official visits of the Ministers of
Defence and other political leaders, meetings of the Ministers of Defence and both
countries’ police forces, invitations for discussions, exchanging experience, training of
Mongolian servicemen, practice, retraining, field exercises, and exchange of information,
organisation of meetings, conference, seminars, meeting of senior military personnel,
trips to historical sightseeing, film festivals, exhibitions and concerts.2
1
Mongolian Defence White Paper, The Ministry of Defence, (Ulaanbaatar, 1998), p.93-98.
The History of The Armed Forces from 1990-1997, (Research Report of the Library of the Institute for
Defence Studies, Ulaanbaatar, 1998), pp. 253-255.
2
However, although the agreement was meant to be in force for four years, not all
agreements could be realised. This was due to lack of any opportunity to implement
such measures because of the two countries’ domestic political situations, multiple
financial and economic crises.
Although the Minister of Defence of Mongolia made an agreement to give nonreimbursable aid of military technology and equipment worth 2.3 million USD with the
Ministry of Defence and related organisations of the Russian Federation in April, 1993,
this agreement was not realised until today due to the above mentioned circumstances.
In February, 1997, a military delegation headed by D. Dorligjav, the Minister of Defence
of Mongolia at the time, paid an official visit to the Russian Federation expressing
interests to broaden and deepen military co-operation. As a result of the visit, D.
Dorligjav, minister of Defence of Mongolia and I. Rodionov, a general and the Minister of
Defence of the Russian Federation signed the ‘Protocol of the Official Visit by the
Mongolian Minister of Defence to the Russian Federation’.3 This visit by the Mongolian
minister of Defence provided an impetus and became a step towards a new stage in
military relations and co-operation of the two countries. Before that, military and defence
relations were relatively stagnant.
During the visit, both parties exchanged opinions on global and regional military as well
as political issues, and discussed military cooperation and military techniques. It was
stated in the protocol that ‘the establishment of a direct cooperative relationship between
the General Staff office and departments of the Armed forces of Mongolia and military
district’s offices of Southern Baikali and Siberia of the Russian Federation shall be
supported. The organisation was authorised to implement negotiation provisions, which
made during the summit meeting, a co-operation plan, and a treaty provision about
military co-operation between ministries of Defence of both countries. Only people are
appointed. Opinions concerning military-political and military issues of a regional interest
shall be exchanged regularly by both parties.
These treaties, negotiations and protocols were the legal basis for the defence
relationship of both countries and became main factors in developing future cooperation.
The two countries relations have acted in accordance with the above mentioned cooperation trends since the mid1990‘s.
The general major, S. Baasankhuu, a Permanent secretariat at the ministry of Defence
of Mongolia visited the Russian Federation in 1999, and discussed initiating cooperation
between both countries and supporting the modernisation of techniques, equipment and
armament of the Mongolian Armed forces. The official visit of a delegation headed by A.
V. Kvashnin, the first vice Minister of Defence and the commander-in-chief of General
Staff of Armed forces of the RF in Mongolia in October, 2000, and the visit of J.
Gurragchaa, the minister of Defence of Mongolia to the Russian Federation in 2000, for
an official meeting with the standing committee of the State Duma, the Minister of
Defence and the Commander-in-chief of General Staff of Armed forces of the Russian
Federation were important steps made towards engaging relations between the defence
sector of both countries.
3
Military-Diplomatic Relations of Mongolia, (Research Report of the Library of the Institute for Defence
Studies, Ulaanbaatar, 1998), p. 131.
The relationship between the two countries developed increasingly in the humanitarian
field as well as in the field of fighting natural disasters. On the invitation of Civil Defence
Agency of Mongolia, a delegation of the union of air guides for forest fire-fighting from
the Russian Federation visited Mongolia and signed a protocol of co-operation and
mutual assistance in September 1993.
Another delegation visited Mongolia in February 1995. This was headed by V. A.
Vladimirov, the vice-minister of Emergency and Natural Disaster Consequence
Elimination of Civil Defence. The delegation resulted in a protocol signed by general
major G. Damdinsuren, the Chairman of State Civil Defence Agency of Mongolia. Also
during this time span, the third joint meeting of Mongolia and the Russian Federation
took place, and the ‘treaty on protecting and preventing natural disasters and accidents,
and eliminating the consequences thereof’’ was signed in. According to the protocol with
respect to treaty implementation, a joint commission on Civil Defence Co-operation was
founded, and an agreement on training Mongolian experts in the Russian Federation
was reached.
S. Shoigu, the Russian Minister of Emergency Situations paid an official visit to
Mongolia, made an agreement with the State Civil Defence Agency and as a result
signed the protocol on the treaty. According to the treaty, cooperation shall be extended
in the following domains: to establish a high frequency communication station between
the Civil Defence Decorates of both countries and the Ministries, to do joint research
work on urgent issues of civil defence, to qualify Mongolian personnel, for Mongolia to
attend international exhibitions, to organise information exchange, and to organise joint
command-staff exercises.
The agreement stipulated that the co-operation between Civil Defence Agency of
Mongolia and related organisations of southern Baikali and Eastern Siberian regions
shall be given more attention. According to that, the delegation of the committee of Civil
Defence and Emergency of Buriatia from the Russian Federation visited in April 1998,
and discussed co-operating and establishing contact on affairs for preventing and
protecting from natural disaster and eliminating its consequences in the border regions
and a protocol agreement was signed.
The co-operation between Mongolia and Russia expanded with respect to border troops.
P. Sundev, the chief of border troops administration and general major, visited the
Russian Federation in November 1994 and signed the ‘agreement on cooperation in
border issues’. In the agreement, co-operation trends and methods were determined.
The visit of the delegation of the Russian federation to Mongolia was significant for
border troops co-operation of both countries.
In September, 1995, A. I. Nikolayev, the director of the border agency of the Russian
Federation paid an official visit to Mongolia and made an agreement with general major
P. Sundev, the director of Border troop administration, and signed some treaties and
protocols on the following matters: activities of official delegations of both countries’
border troop agencies, to send Mongolian border troop personnel to the Russian
Federation for training, establishing a union and a permanent joint working group of
border troops, and the making public results of the official visit. Also K. V. Trotskii,
general colonel and the director of the Russian Border Agency and a delegation of the
Border Agency of Southern Baikali region visited Mongolia, and discussed future
development of cooperation in border protecting issues and reducing border conflict of
both countries.
At the same time, in the framework of the two countries’ cooperation, the country’s
relations to military district of the Southern Baigali expanded. In April 1998 a military
delegation of the Ministry of Defence of Mongolia, headed by general major Ts.
Dashzeveg, the state secretary, visited the military district and signed a plan of
cooperation. Additionally, in 1997 and 1998 military delegations of Mongolian Armed
forces and the above mentioned district participated in command-staff field exercises on
mutual invitation.
The contracting parties paid strong attention to the development of cooperation in the
field of armament and techniques. Also delegates of M-A-P-O- military industry complex
and from the Russian Federation visited Mongolia, and exchanged their opinions about
airplane and helicopter issues.
The foundation for development of cooperation in a comprehensive manner has already
been laid. Delegates were invited to and from both countries on the occasion of historical
events and anniversaries. Actually, P. Ochirbat, the first democratically elected President
of Mongolia, and senior military members were invited to and participated in the fiftieth
anniversary of the victory of the Great Patriotic War (World War II) in May, 1995.
At the 75th Anniversary of Mongolian Armed forces and the 55th Anniversary of the
victory of the Khalkh Gol War, delegates, headed by general colonel V. S. Tretyakov,
commander of the Southern Baigali Military District, participated in the anniversary’s
celebration.
In addition, Russian senior military members who were fighting in the Khalkha Gol War
and artists of Russian songs and dance, and military ensembles participated in the
anniversary celebration. During the 60thanniversary of the Khalkha Gol War in 1999, a
group of construction workers, consisting of 35 military personnel of the Siberian military
district, came in and reconstructed monuments and memorials in the Khalkha Gol
District. Russian delegates of the Ministry of Defence, headed by general colonel Ya. M.
Zalogi, the deputy commander of the General Staff of Armed forces of the RF and
military commander of telecommunications corps, and the delegates Siberian military
district, headed by general lieutenant A. I. Skorodimor, the deputy commander of military
district, were also invited to participate in the anniversary.
Cooperation between research institutions developed, and Russian scientists have
regularly participated in the International Symposium which is dedicated to the
anniversary of the victory of the Khalkha Gol War. Cooperation between scientific and
research institutions in the form of joint research work, and visits of scientific workers
have increased.
One of the traditional features of the relationship between the two countries is
preparation and training of Mongolian military personnel. Until 1990, many of Mongolia’s
skilled workers were trained in Russia, its northern neighbour, but this trend diminished
in the 1990s. However, now Mongolia is pursuing a policy to train its military personnel in
long and short term courses at institutes and military academies of the Russian
Federation taking into account its current situation and need. By 1999, only five
personnel had graduated from Russian military academies and institutes, and 18 studied
in the Russian Federation. Due to financial shortages the number of people studying in
the Russian Federation has decreased. Despite that fact, at the same time a few people
were awarded doctorate degrees of science at military academies of the Russian
Federation.
In this sense, military relations between Russia and Mongolia have been restored due to
new situations and requirements since the 1990s.
This development in the relationship is directed from Mongolia to the Russian Federation
as in previous times, and is confined only to the training of qualified personnel, visits,
and personal exchanges in the humanitarian field. Considering the entirety of the military
relations between Mongolia and Russia it has come out of the relative stagnancy
experienced in the beginning of the 1990‘s. However, it still has not reached the
expected result. In the future, there is a need to expand cooperation to an even greater
extent, particularly in respect of armament and technology.
Relationship Between Mongolia and the People’s Republic of China
In the twentieth century, the military relationship between Mongolia and China developed
with special peculiarities of mutual confrontation and co-operation. The confrontation
between the Soviet Union and China in the 1960s had an effect on Mongolia, who
resolutely supported the Soviet Union’s policy. In return, the relationship with China
worsened and turned to hostility, eventually resulting in the breaking off of relations
between the two countries.
However, in connection with the perestroika of Soviet Union in the 1980s and world’s
new political situation, Soviet troops were withdrawn from Mongolian territory. In this
context, there was positive turn in the Soviet and Chinese relationship, and relations
between Mongolia and China returned to normal. As a result of democratic reforms in
Mongolia, a new political system was created. Mongolia renounced its previously
ideological foreign policy and has pursued an open foreign policy to develop equal
international cooperation without any ideology influences.
Delegates of Mongolia and the People’s Republic of China began paying official visits in
the 1990s. It has been of great importance in restoring comprehensive relations and
cooperation. During this period, there were visits to China by the Mongolian president,
Chairman of State Great Khural (the Mongolian parliament), Chairman of the State Baga
Khural (former second chamber of the parliament), prime minister and ministers of
External relations, and visits to Mongolia by the head of the People’s Republic of China,
the Prime Minister of State Council, his deputy and the Minister of External Relations.
During these visits, the two countries made treaties and agreements involving
comprehensive cooperation issues of both countries.
During the official visit to Mongolia by the Prime Minister of the State Council of the
People’s Republic of China in 1994, the ‘Treaty between Mongolia and the People’s
Republic of China on Friendly Relations and Cooperation’ was signed. This treaty was a
significant legal act which determined the future cooperation objectives and trends of the
two countries. The basic principle of the two countries’ co-operation was determined in
the treaty in the following words:
The contracting parties will develop their good neighbourly relations and cooperation on a basis of mutual respect for each other’s independence,
sovereignty, and territorial integrity, the principle of mutual non-attack, noninterference in internal affairs, equality of rights for mutual advantages, and
peaceful co-existence.4
Since this time Mongolian and Chinese co-operation reached a new stage of
development. With a view towards improving political relations of the two countries,
favourable conditions to renew military relations and cooperation were created. During
his visit to the People’s Republic of China in March 1989, Ts. Gombosuren, and the
Minister of External Affairs of Mongolia proposed to restore military relations between
the two countries. A year later, in March 1990, the Ministry of External Affairs of
Mongolia invited delegates of the Ministry of Defence of the People’s Republic of China
to visit Mongolia. Upon the Mongolian invitation, Chinese delegates headed by Fu
Zyanin, the Chairman of External Relations Office of the People’s Republic of China,
visited Mongolia in October 1990. By this time, the military relationship between the
countries was officially restored.
After that, there were visits to China by the Minister of Defence, the Commander-in-Chief
of the General Staff of the Armed forces, the Chairman of Civil Defence Agency and
other military delegates, headed by the deputy chief of the Logistic Agency of Mongolia,
as well as visits to Mongolia by the Minister of Defence of the People’s Republic of
China, the Commander-in-Chief of the General Staff of People’s Liberation Army of
China, the deputy of Civil Defence Agency and other military delegates, headed by the
deputy commander of the Beijing military district, took place.
This pattern of mutual visits by the military leaders of both countries was significant in
developing military confidence and cooperation. Furthermore, in order to expand military
cooperation of the two countries, they started accrediting military attachés. The Military
Attaché in the People’s Republic of China from the People’s Republic of Mongolia
started his official work in April 1991.
Mongolian military delegates, headed by Minister of Defence D. Dorligjav, visited the
People’s Republic of China in November 1997 and concluded the ‘Protocol on
Cooperation and Exchange between the Ministry of Defence of Mongolia and the
Ministry of Defence of the People’s Republic of China’. Tate protocol was the first legal
act towards the development of defence relations and cooperation of the countries in the
future. The two countries stressed in the protocol that
The two signing parties will develop their good neighbourly relations and
cooperation on a basis of mutual respect for each other’s independence,
sovereignty, and territorial integrity, for the principle of mutual non-attack, noninterference in internal affairs, for equality of rights, for mutual advantages, and
for peaceful coexistence. Cooperation and exchanging have following aims to
ensure two countries securities, to deepen mutual understanding and confidence,
to strengthen friendships, and to support regional peace and security5
4
Military-Diplomatic Relations of Mongolia, (Research Report of the Library of the Institute for Defence
Studies, Ulaanbaatar, 1998), p. 139.
5
Military-Diplomatic Relations of Mongolia, (Research Report of the Library of the Institute for Defence
Studies, Ulaanbaatar, 1998), p. 139.
Military cooperation began to develop in the fields of research and education, culture
and art, media and sports. During the period, research delegates such as the scientistsecretary of the science and technology council in the ministry of defence, director and
vice-director of the Institute for Defence Study, and secretary of strategic research
centres visited the People’s Republic of China and got acquainted with the related
organisations’ activities and exchanged research experience.
The two countries’ cooperation intensified in the educational field. Mongolian military
personnel studied in Chinese Military Institutes and Chinese Language Courses in the
People’s Republic of China (PRC). In 1995, Mongolian military personnel started to
study in the PRC, initiating cooperation in military training and education fields at
Chinese Military Institutes. By 2001, 17 Mongolian military personnel studied at the
Defence Academy and the Military Institutes of the People’s Republic of China thanks to
Chinese financial assistance. In addition, the PRC agreed to assist Defence University of
Mongolia with material resources and textbooks, and installed a complete Chinese
language laboratory.
With regard to the development of the military relationship of the two countries in the civil
defence field, the visits of the chairman and vice chairmen of the Civil Defence Agencies
of Mongolia and China in 1992 and 1993 were significant. As a result of these visits,
foundations for cooperation in the civil defence sector was laid.
During the above mentioned time period, border troops’ relations and cooperation
expanded in form and content. The visits by the delegates, headed by chairman and vice
chairman of border troops administration of Mongolia to the PRC in 1992 and 1997, and
the visit of border troop delegates of China to Mongolia contributed to the development
of the aforementioned cooperation. During these visits, the two parties made an
agreement on cooperation and signed the meeting protocol.
With regard to military cooperation of these two countries, financial and material
assistance from China has occupied an important place. In view of Mongolia’s economic
difficulties with respect to the Armed forces, China supplied assistance worth 4,5 million
MBR; 100 thousands metres of cotton material, 600 tons of petroleum, and 1300 tons
diesel fuel.
In 1996, during the visit by the Commander-in-Chief of the General Staff of People’s
Liberation Army of China committed to assist with 3 million MBR to the Mongolian Armed
forces. In addition, to eliminate forest fire damage in Mongolia in 1996, China transferred
3 million yuans and 100 fire extinguishers.
In 1999, the Ministry of Defence of the PRC handed over non-payable assistance worth
a million yuans, and techniques and equipment worth 4.2 million yuans to the Military
Song and Dance Ensemble and ‘Duulga’ television studio. When the Minister of Defence
of the PRC visited Mongolia in 2000, he assisted with non-payable aid worth eight million
yuans for Mongolian Defence. During the official visit to the People’s Republic of China
by the Minister of Defence of Mongolia, China agreed to hand over non-payable aid
worth eight million yuan.
The intensifying defence relationship of the two countries in the 1990s contributed to the
Mongolian Armed forces development and strengthening. The State Authorities of the
two countries greatly appreciated the result of the relations. Actually, during his state
visit to China at the end of 1998, Mr. N. Bagabandi, the president of Mongolia, remarked
on his great appreciation for the current cooperation and expressed his satisfaction with
following words
The friendly and good neighbouring relationships of our countries reached a new
stage of growth in all fields of society. In the frame of Mongolian multi-pillar and
open foreign policy, we give a priority to the relationships with PRC, and the
political and legal environment of the relationships are still improving.6
The Relationship between Mongolia and the USA
There was no existing defence relationship nor cooperation between the two countries
before the 1990s. The brand new global political situation and international relations that
emerged in the 1980s influenced the establishment of military relations between
Mongolia and the United States of America. Mongolia was suggested to initiate
discussions on the issue of establishing diplomatic relations between the two countries
by V. Walters, the standing representative of the USA at the UN^. After this statement in
July 1986,, authorised organisations of the two parties agreed to officially established
diplomatic relations between the People’s Republic of Mongolia and the USA on 27
January 1987. In this way, a new stage was started in the relations between the two
countries.
Within the framework of this relation, Mongolian and American military relations and
cooperation began in 1990. In the same year, D. Byambasuren, the prime minister of
Mongolia visited the USA, and one of the military delegates L. Davaagiv, the head of
department at the Ministry of the External Relations, visited the Pentagon and raised the
issue of establishing military relations between Mongolia and the USA for the first time. A
year after, Mongolia and the USA agreed to mutually accredit military attachés. Colonel
Michael Berns was appointed as a military attaché from the USA in Mongolia and agreed
to perform his duty from Beijing in August 1991. Colonel G. Ragchaa was appointed as a
military attaché at the Mongolian Embassy in the USA, and in 1994 he his regular
assignment.
Mutual visits by military high-ranking officials were significant to developing military
relations between both countries. The first official military delegate was P. Voltius, the
assistant minister of Defence of the USA, who participated in the 70th anniversary of the
Mongolian Armed forces in March 1991.
In the period from 1992-2000, high-ranking officers like admirals Ch. Larsen, R. Maki, D.
Blair, as well as general colonel R. Ord, the commander-in-chief of infantry of AsiaPacific region of the USA military, paid official visits to Mongolia.
The Ministers of Defence, General Lieutenant Sh. Jadambaa in 1995 and D. Dorligjav in
1997, General Major R. Gavaa, the Commander-in-Chief of the General Staff of Armed
forces in 1993, General Major Ts. Dashzeveg, the First Vice Minister of Defence in 1996
visited the Hawaiian Islands, where the military command of the Asia-Pacific region of
the USA is located. These visits particularly contributed to the extension of mutual
6
People’s Right, No. 298, December 12, 1998.
cooperation. As a result of these visits, cooperation has developed in the form of military
personnel envoys to the USA in order to train in preventing and protecting from
humanitarian and natural disasters, and granting non-repayable aid to Mongolia.
On June 26 1996 both countries signed the ‘Agreement between the Government of
Mongolia and the Government of the USA on Exchanges and Visits in the Military
Sector’ and that was significant to the development of the military relations of the two
countries. This agreement builds the legal basis for military cooperation and relations
between the countries.
Humanitarian and non-repayable aid from the USA has taken an important place in the
military cooperation between Mongolia and the USA. A resolution on ‘Rendering
Assistance for Mongolia’ passed by the Congress of the USA in March 1991 has been
the legal basis for Mongolia to receive military aid. The USA grants three kinds of military
aid for developing countries and two of these are non-repayable aid. After the visit of P.
Ochirbat, the president of Mongolia to the USA in January 1991, the granted aid for
weak economic countries from the Pentagon started to transfer to Mongolia. The first
part of the military aid from the USA was received in 1992. Various military aid from the
USA has also been given to the following countries; Israel, Turkey, Greece and
Mongolia. Also, nine times the USA dispatched medicine, medical equipment, food,
heavy clothing and mining machines worth 10 million USD. This humanitarian aid to
Mongolia was given from its stock of surplus technology and equipment.7
In recent years, under the umbrella of humanitarian aid for Mongolia granted by the USgovernment, the ‘Baker Monquiz’ project has been implemented. During the project
implementation, some servicepersons of the 23rd branch military engineering of the
Pacific region of the USA and the Construction Corps of Mongolia together completed
construction and renovation work of the 11th secondary school building. To complete the
construction work, the USA spent 50,000 USD and put it at disposal in August 1995.
Additionally, with in the framework of the project Construction Corps of the USA
renovation of ‘Enerel’ centre’s building was undertaken.
The second form of non-repayable aid from the USA is the program entitled
‘International military training and education’ which has the aim to train military personnel
coming from other countries, particularly weak economies and transition countries, which
are resolutely on the way to democratisation and a market economy. Since our country
was involved in that program in 1992 the USA has spent yearly about 100,000 USD to
train military personnel.8 Mongolian officers of the Armed forces have been studying in
the fields of English language, logistics, medicine, command-staff and strategy in the
USA. In fact, since the first Mongolian officer was dispatched to study in 1992, by 2000
about 70 officers studied in long-term and short courses in the USA.
Assistance and aid for the Defence University is essential for the training of military
personnel of Mongolia. Since the first year students of US military institutes came to
Mongolia in 1990, a direct relationship between the West Point Military Academy and the
Military Institute of Virginia in the USA, and the Defence University of Mongolia has been
established. Additionally, the English language laboratory at the Defence University was
7
8
The Ministry of Defence of Mongolia (A Historical Overview), (Ulaanbaatar, 2001), p. 362.
People’s Right, 1995, No. 103.
completely installed with the financial aid of the USA, and teachers of the Defence
Language Centre in San-Antonio have been invited to teach English there since 1995.
The Relationship of the Defence University with military academies and institutes of the
USA is broadening, and highly qualified and experienced American teachers come
regularly to teach at the university. Furthermore, students of the Defence University in
the context of student exchange program, study in the USA and teachers of the
university are sent to participate in further education courses offered in the USA. Also,
delegations headed by university directors visit each country and discuss the results of
previous interactions and determine the trend for future cooperation.
The third form of military aid from the USA is the sale of military techniques and spare
parts to the countries which with Mongolia has friendly relations. The USA agrees to sell
military surplus technology and spare parts including maintenance-services to certain
countries at a discount price. The signing this legal document by the president of the
USA in August 1995, which authorised Mongolia to belong to these countries, was a
matter of great consequence for our country.
Upon the initiation of the Ministry of Defence of the USA, a Mongolian delegation of the
Armed forces has started to participate in meetings and seminars, scheduled in the plan
of the military general command of the Asia-Pacific region. The participation of
Mongolian Officers of the Armed forces in the events of state air defence, air forces,
logistics and operatives can be discerned as a new form of cooperation. Furthermore, it
helps to intensify military reforms in Mongolia. In some 80 conferences, seminars and
assemblies organised on the above mentioned subjects in the period 1992-2001, some
200 military personnel and 40 civil servants participated through financial support of the
USA.9
Aside from this the organisation of joint meetings and conferences significantly
contributes to the resolution of urgent problems arising during Mongolian military
reforms. For example, only in 1999 were joint seminars on the topic ‘Drafting and
Distribution of the Defence Budget’, ‘Legal basis of peacekeeping activities at the UN’
and ‘Civil-Military relationships’ organised in Ulaanbaatar. In 2000, an organisational
meeting of military logistics authorities of the Asia-Pacific countries was held in
Ulaanbaatar.
Prevention and protection from natural disasters and huge operational accidents are
fields were cooperation, is beneficial to both countries. One example is the ‘Balance
Magic’ joint training, organised on several occasions in accordance with the
‘memorandum between Civil Defence Agency of Mongolia and Special Task Authority of
the USA on cooperation’ in 1996. In this context, training in the following fields was
successfully organised: joint parachuting, theoretical and practical training for aid to be
delivered to accident and disaster victims, first aid training, and the unloading of any
items out of airplanes with parachutes. This training was effective for our parachutists
and rescuers in deepening their theoretical and practical knowledge, and becoming
acquainted with new equipment and its handling.
9
A Historical Overview of the Ministry of Defence of Mongolia, (Ulaanbaatar, 2001), p. 362.
The Border Troops Administration of Mongolia cooperates with the USA in renovating
the telecommunications field. In addition, cooperation between the two countries
continues to intensify by visits of research organisations to exchange experience.
Mongolia and the USA arranged yearly Defence cooperation activities at the start of the
year. However, after 1995 two countries started to work out long-term plans, and in
November 1999, cooperation trends between 2000 and 2007 were determined.
In this sense, cooperation of the two countries is developing in the form of visits by
military delegates, information exchange, familiarisation with military structures, forces
and units functions, organising joint training of Construction Corps, military hospitals,
and civil defence in the framework of military humanitarian aid of the USA, receiving
financial and technical assistance such as the dispatching of experts, training military
service personnel of Mongolia, and dispatching English teachers to work temporarily in
Mongolia. Most of the activities are financed by the USA and this cooperation trend is
expected to intensify in the upcoming years.
In 1998, there was a special and even historic event took place in the relationship
between Mongolia and the USA. Mrs. Madeleine Albright, the permanent secretary of
the USA, visited Mongolia and issued a joint statement in which the fundamental
principles of the bilateral relationship was reflected. The congress of the USA then
passed a resolution to support democratisation and economic reforms in Mongolia. In
response, the government of Mongolia later made a decree on the development of
cooperation and friendly relations to the USA.
In the joint statement which was issued during the visit of the American secretary of
state in Mongolia in May 1998 on the relationship between Mongolia and the USA, both
countries valued their military relations and both parties were satisfied on the defence
cooperation between the Armed forces of the USA and Mongolia in preparing and
providing for the combat readiness in the case of disasters, developing military-civil
relations and telecommunications, and organising non-combat training.10
The future development of all military relations between Mongolia and the USA is
significant in improving Mongolia’s reputation all over the world and in expanding
Mongolia’s participation in the Asia-Pacific regional security.
Relationship between Mongolia and the Federal Republic of Germany
Cooperation and relations between Mongolia and the Federal Republic of Germany
(FRG) has improved in recent years. Mongolia established military diplomatic relations
with the FRG in 1993, and the first military attaché from Germany to Mongolia was
Colonel Eberhard Misheli, who performed his double duty from Peking. He paid his first
official visit to the minister of Defence of Mongolia in February 1994. Colonel O. Naljir
was appointed as the first military attaché from Mongolia in the Federal Republic of
Germany and he performed his double duty form Moscow, starting in May 1991. Since
1998, he fulfilled his duty form the Kingdom of Belgium.
10
People’s Right Newspaper, May 4, 1998, No. 103.
There were scarcely any military relations between the two countries before 1990. Since
1990, they have established new military relations. Military high-ranking personnel of the
two countries visited each country and concluded cooperation agreements and
protocols. More particularly, W. Wilz, permanent secretary of the Federal Ministry of
Defence of the Federal Republic of Germany visited Mongolia and concluded an
agreement in October 1995.
During the visit, the two countries made a statement in which cooperation objectives
were determined to carry out activities in conjunction with the pre-established goal of
enhancing international security. Also included were material and technology
procurement of the Armed forces, protection of the environment, the military structure
and its activities, changes of the military industry, and the sending military servicemen to
receive various kinds of training. In addition, in the framework of the assistance program
for military training, the two countries signed the ‘Agreement between the Ministry of
Defence in Mongolia and Federal Ministry of Defence in Federal Republic of Germany
on sending Mongolian Servicemen to German military institutes.’11
On the invitation of the Federal Ministry of Defence in FRG, delegates headed by the
general major Ts. Dashzeveg, permanent secretary of the Ministry of Defence in
Mongolia, visited the Federal Republic of Germany in May 1996, exchanged opinions on
development of military cooperation and signed a protocol organising joint training on the
theme ‘Armed forces’ position in the democratic society.’’ According to the protocol in
1996, 2000 and 2001 several joint seminars were organised in Ulaanbaatar and
Potsdam.
In the framework of the defence cooperation between the two countries, in the period
1994-1996 Mongol I, II, III, IV projects were implemented by means of humanitarian aid
from the federal ministry of defence of the Federal Republic of Germany. In particular
medical equipment worth 22 thousand DEM through the ‘Mongolia IV’ project in 1996,
clothing valued at 17 million DEM through the ‘Mongolia 3’ project in 1995, and
telecommunications and other logistic spare parts worth 450 thousand DEM through the
‘Mongolia 2’ project in 1994 were supplied. As a result of implementing these projects,
technology and clothes worth 18 million 122 thousand DEM and 50 million MNT were
supplied to the ministry of Defence of Mongolia.12
For the two countries relations, visits of high-ranking military personnel have taken place
and there is ongoing discussion on the issue of cooperation. General Major S.
Baasankhuu, permanent secretary of the Ministry of Defence of Mongolia visited the
Federal Republic of Germany in 1999, and in 2000 General Colonel, V. Schneiderkhan,
the chairman of the planning department of the Federal Ministry of Defence of FRG
visited Mongolia. During these visits, a high-level consultative meeting was organised on
the issue of military cooperation and relations of the two countries. It is significant to note
that they agreed to organise regularly such meetings in the future.
On the basis of the above mentioned agreement, a German delegation headed by V.
Schneiderkhan, head of the planning department of the Federal Ministry of Defence of
FRG, visited Mongolia in July 2001 and a another delegation headed by V. Kolbov,
parliamentary secretary of that Ministry, in September of the year. During the visits, the
11
12
A Historical Overview of the Ministry of Defence of Mongolia, (Ulaanbaatar, 2001), p. 364.
A Historical Overview of the Ministry of Defence of Mongolia, (Ulaanbaatar, 2001), p.365.
following subjects were discussed: exchange of information on world and regional
issues, orientation cooperation, security and its relation to the two countries’ foreign
policy, as well as cooperation in the military-engineering sector by digging and repairing
a well, and restoring infrastructure in the rural area and the building of roads.
According to the cooperation plan of the two countries, joint seminars on the following
topics were organised: ’’Training of logistic personnel’’ in Karlstadt, ‘Military legal system’
in Bonn, ‘Mobilisation and civil-military relations’ in September 2001 and ‘Military training’
in Mongolia in October 2001.
Relations between the two countries in training of military personnel are developing well.
In the past, about 60 military servicemen from Mongolia studied in the Military
Administration Academy of the FRG, Bundeswehr Academy, Military Officers Institute of
Infantry, Pedagogical University of German language, and passed courses of battalion
commander, squadron and platoon, as well as German language courses. In addition,
relations between the two countries’ military institutes were established. In the
framework of those relations with the assistance of the FRG, a German language
laboratory was installed at the University of Defence in Mongolia. In this manner, the two
countries have cooperated on educating German language teachers and retraining
teachers at the University of Defence. Also during the stated time period, foreign
relations of the Mongolian Defence Sector with other foreign countries developed as
well.
On the invitation of the Ministry of External Relations of Japan, the Mongolian Minister of
Defence visited Japan in 1995. As result of the visit, an agreement on sending
Mongolian servicemen to the Japanese National University of Defence was made. That
marked the beginning of cooperation in education by means of Japanese financial
assistance. According to the memorandum between the two countries’ military institutes,
from 1998 students of the University of Defence in Mongolia started studying at the
Japanese National Academy of Defence supported by Japanese financial assistance. By
2001, one teacher and five students studied in the academy. In addition, in 1995 Japan
started inviting Mongolian researchers to participate in an annual seminar entitled ‘AsiaPacific regional security’ which is organised by the National Defence Agency of Japan.
In 1996, the Republic of Korea made a request to accredit its military attaché, who was
in China at that time, to Mongolia and laid the foundation of military relations between
the two countries. In 1999, the minister of Defence of Mongolia paid a visit to the
Republic of Korea and signed a cooperation agreement between the two Ministries of
Defence. For both countries, that was a significant step in the development of the
Defence Sector relationship. At that juncture, the Republic of Korea granted our country
humanitarian and non-repayable aid [worth $8000] including parachutes, clothing and
equipment. Mongolian military personnel started to study in the Republic of Korea and
by 2002 8 military personnel had studied at Korean military schools and colleges.
The Republic of India established military relations with our country in 1973. Following
that breakthrough, military relations did not develop rapidly. But when the defence vice
minister of Mongolia, Ts. Togoo, paid an official visit to India in December 2002, he
revived the two countries’ relationship. During the visit in January 2001 to the Republic
of India, the President of Mongolia made an ‘Agreement between the Governments of
Mongolia and the Republic of India on cooperation in the military sector’. According to
this agreement, by 2001, several people had been sent to India to attend English
courses. Some research organisations of both countries are working jointly to exchange
information on issues concerning regional safety.
In 1999, an agreement between the Governments of Mongolia and the Republic of
Turkey on ‘Cooperation in military sector’ was made. The General Staff of the Armed
forces of the two countries signed the ‘treaty on cooperation in military sectors’ as well.
Relations between the two countries expanded and the Minister of Defence of Mongolia
and delegates headed by the first vice chief of the General Staff of the Armed forces
paid a visit to Turkey. Since 2000, the Mongolian military personnel were sent to Turkey
for military studies that were financially supported by the Turkish State. A Turkish
language department was also established at the University of Defence. Also, some
individual protective clothing and other materials were given to the 150th division.
Aside from the above-mentioned countries, Mongolia began to lay the foundations to
expand relations and cooperation, prepare skilled staff in the Defence field, and to
cooperate in the branches of peacekeeping and civil defence with Canada, Israel,
France, Switzerland, Poland, Belgium, Great Britain, Italy and Kazakhstan.
Cooperation with international organisations occupies an important position in the
foreign relations of Mongolian Defence Sector. So we can mention the ARF, a regional
forum of ACEAN. The proper officials of the Ministry of Defence and the Parliament
participated actively in meetings, seminars, and assemblies as the above-mentioned.
Also the delegates of the University of Defence took an active part in the forum of the
heads of the research organisations, colleges and Defence University of the forum
member countries. The 3rd forum was organised successfully in Ulaanbaatar in 1999.
Mongolian Army delegates participate constantly in different measures, organised in
humanitarian and peace-keeping fields.
Mongolian Armed Forces in the Peacekeeping Activities of the UN
Peace keeping activities, organised through military forces of many nations, aimed at
keeping international peace and safety are one of the biggest measures implemented by
the UN. As for the member countries of the UN, participation in international peace and
safety keeping activities is not only a reputable matter, but also considered as a big
contribution in ensuring the peace and safety of many nations. As the UN doesn’t have
its own permanent troops and soldiers, to regulate conflicts and controversy and carry
out its peacekeeping activities it relies on troops, techniques, supplies of member
countries. Also, according to a decision of the Security Council of the UN, peacekeeping
activities are financed by taxes paid by member countries.
During the more than 40 years since Mongolia became a member country of the UN in
1961, depending it was not always able to fulfil its duties as proscribed in 43-1 of the UN
rules according to treatments of assets of the Security Council. To make contributions to
peace and security keeping activities of nations, all member countries are required to
grant due assistance and supply armed forces to aid.
The Government of Mongolia made the 115th decision ‘About participating in
peacekeeping activities’ on the 28th July, 1999. The decision concludes the following
matters:
In accordance with the agreements with the UN, and other situations of the UN to carry
out measures to participate in peacekeeping activities at the UN by registering and
choosing people who want to participate in the operations voluntarily.
Some orders were given to the Ministry of External Relations and the Ministry of
Defence to ensure the readiness and preparation of specialists that are going to
participate in the peacekeeping activities of the UN as well as to organise preparation
work to have a peacekeeping group rely on the domestic reserves and possibilities and
international cooperatives respectively.
The ‘Memorandum’ on the mutual understanding between the Mongolian Government
and the UN about the contribution to the permanent force of the UN was penned in New
York, on 27th September 1999 by the Mongolian permanent representative at the UN
and vice chairman of the UN general secretary, who manage peacekeeping activities. By
signing it, Mongolia is required to ensure readiness to fulfil its duties as a sovereign
member country. Also for Mongolian personnel, an international legal foundation to
participate in peacekeeping activities was laid.
In the appendix of the memorandum, specific figures of materiel and personnel to be
supplied to the UN peacekeeping activities are clearly defined. For instance, Mongolia is
required to supply a headquarters worker, two military observers and hospital staff.
In accordance with this, in March 2000 a survey was held, and on the basis of the survey
a discussion was held ‘about sending materials of officers and personnel from Mongolian
armed forces who voluntarily want to participate in the UN peacekeeping activities’.
Also in April of that year, questionnaires of eight officers were submitted to the UN
peacekeeping office through the Mongolian permanent peacekeeping office at the UN.
To participate in UN peacekeeping, member countries send military divisions and their
branches, military observer officers and civil policemen. As for our country, in 1999 a
memorandum was signed in which our country said it would send several well-trained
people to fulfil these duties.
According to the Mongolian Government’s decision and agreement with the UN, the
Mongolian armed force and other related organisations are organising different
operations to select and train people to participate in the UN peacekeeping activities,
and to ensure them possibilities to participate in the activities to prepare specialists of
Mongolia and supply their readiness. Also, a peacekeeping force is being prepared. A
legal basis was established to have armed forces participate in international
peacekeeping activities and in accordance with this state policy has been defined. Also,
some armed force branches are being prepared to fulfil duties in this field. So a legal
coordination is necessary to regulate the above-mentioned relations. According to the
‘Law of Mongolian Armed forces’ ratified by the State Ikh Khural of Mongolia in 2002,
one of the duties of the Armed forces during the peaceful period is ‘To participate in the
international joint peacekeeping activities’13 Also, a draft law, ‘About participating in the
UN peacekeeping activities and other international measures by officers of army and
police’, which was initiated by the President of Mongolia, commander-in-chief of
Mongolian armed forces, was ratified in 2002.14
13
14
Soyombo, , No. 24 and 25, June 10-18, 2002.
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002), pp. 89-98.
The aforementioned law regulates all relations connected with possibilities and situations
of Mongolian army officers and police to take part in the UN peacekeeping activities and
other international measures. Also, the above-mentioned term ‘Other international
measures’ is defined as ‘different courses, seminars, practices, field training exercises,
related to peacekeeping activities that are organised by different countries and their
international organisations and humanitarian and rescue work that takes place during
any disaster’.
As any vocabulary or terms connected with peacekeeping activities are brand new for
our country, the related words, phrases and terms are explained by the law. Rights and
duties of related ministers are also legally confirmed. A few more rules will be
forthcoming.
According to direction of the commander-in-chief of the armed forces, a peacekeeping
office embedded in the General Staff of the Mongolian armed forces was established in
1999. It is responsible for preparing the Mongolian armed force personnel to participate
in peacekeeping activities. Also, it established a motorised battalion to train in
peacekeeping activities. A peacekeeping office (with three positions) and an
administrative office (five positions) were established in 2001. In February 2003 it
expanded and now has 15 workers. Since the time when the office was established, it
has maintained a close connection with all UN-agencies responsible for peacekeeping
activities and other regional organisations with similar purposes, as well as officers that
are responsible for the UN Peacekeeping activities. They also carry out many seminars
and field exercises in our country.
Since September 1999 the office carried out a teaching seminar in Ulaanbaatar in
cooperation with a teaching group of UN Peacekeeping activities. Also, law training
about armed conflict is being carried out in Mongolia by the permanent agency of the
Red Cross Society in Northeast Asia. This kind of training is important for military officers
that take part in the Peacekeeping office (PKO) so as to improve their knowledge about
relevant law. Since 2000 Mongolia has had its very own information on the UN DPKO
web site.
Over 50 years have passed since the time when military observers began to be involved
in the UN PKO. Now, over 90 member countries send their military observers to the PKO
In total, 3000 military observers coming from 61 different countries perform 15 types of
peacekeeping activities. Due to favourable conditions in recent years five officers from
the Mongolian Armed forces have performed the respectable duty of ‘military observers’
in the UN PKO. Three of them are in the Congo and the others are in the Sahara
performing their duties successfully and in accordance with UN standards.
Since 2000, questions about military division participation in the PKO have been raised,
and several times field exercises and command staff training were carried out with the
150th division. Two platoons of the division participated actively in international joint field
exercises ‘Centrezbat-2000’ in September 2000 in Kazakhstan, and in field exercises of
platoons of different nations in Bangladesh in September 2002, respectively. They
performed all duties successfully and were highly evaluated by the UN experts and
observers.
Also, our military officers have taken part successfully in field exercises and command
staff training, which are being organised by the military command of the USA in the
Pacific Ocean region. With the help of their financial assistance, several personnel of the
armed forces participated in international field training exercises. For example, twice as
observers, three times as participants, and in the international command-staff training
once as an observer and once as a participant. Also, they organised more than ten
related seminars and command-staff trainings, and tactical field training courses in our
country. In February 2003, for the first time they attended the command-staff training of
the international PKO in India as a participant. It gave them the opportunity to learn how
to cooperate with governmental and non-governmental organisations and the UN was
given the chance to organise different operations at both tactical and operative levels.
Furthermore, in 2000 the first joint field exercises were organised, and in 2002 a joint
training course oriented to humanitarian aid and PKO was carried out with American
military officers. For military personnel of the two countries it was an important step to
exchange their experience and to learn mutually. In 2003 a joint course of PKO with the
special forces of the Kingdom of Belgium, and a joint field training exercises of PKO with
American sea infantry forces will be held.
A decision was made about carrying out joint seminars on pedagogical questions and
legal conditions of the international PKO with the assistance of financial aid of the EIMET program, which expanded its teaching program and international military education
program to improve ability and capacity of international peace keeping forces of the
USA. Also, some related specialists study in courses in the USA. For example, in August
2000 and September 2001, they carried out joint courses with specialists of the
international law Institute of Defence in the USA. Some teachers of the 150th division
and members of the PK force of the General Staff of the Armed forces attended the
‘Seminar to prepare teachers’, organised in October, 2000 in Honolulu, Hawaii, America.
Some additionally were present in August 2001, when the ‘Peace activities training’ was
held.
In 2002, a practice seminar about the PKO of Northeast Asia took place in Mongolia for
the first time. As for delegates of countries with much experience involvement in this
seminar provided them with an opportunity to exchange experience and to learn about
Mongolia. As for our country, it gave many military officers the possibility to attend the
seminar.
In addition to this meeting, a strategic gathering of leaders of the armed forces was held
in 2002 on the theme of the PKO. For leaders, it was considered an excellent
opportunity to expand their understanding about this field through both individual
preparation work and actual conference attendance.
Mongolia has suggested to organize and offered to host a field exercise of international
platoons in 2006. As for our country, which respects peace and has a policy of neutrality,
this field training exercises will be very important to strengthen military trust among the
countries of the region and to prepare our own armed forces for international PKO.
Mongolia is receiving proposals on the preparation of military observers, command staff
and logistic service personnel from international training centres of peacekeeping offices
of many countries such as the Federal Republic of Germany, Canada, Ireland, Finland,
the Kingdom of Nepal, and Malaysia.
Unfortunately, due to financial difficulties, our country’s military personnel study in the
countries where their tuition fee and travelling costs are paid for. As this is written,
eleven military officers and two civilians are studying in training centres of peacekeeping
offices in the Federal Republic of Germany, Ireland, the USA, Canada, Iran, Switzerland
and the Netherlands. Domestic training courses are becoming a constituent part of the
training system of our armed forces. So some officers, majors and military branches are
ready to be involved in PKO. According to the changing teaching standards of PKO, in
all army divisions and branches newly produced curricula of the subjects related to PKO,
are being used.
Many handbooks of tactical level training used by the UN peace keeping office have
been translated into Mongolian and will be used for training. In accordance with the
program on improvement of the peacekeeping activities abilities in the USA, a English
Language Laboratory was established at the General Staff of Armed forces and is now
used to improve foreign language knowledge of military personnel who will take part in
the PKO. In April 2000, training posts were founded in training centres situated in the
region of Tavan tolgoi, Altanbulag Sum, and Tov aimag. In the future some training posts
to train in tactical methods and techniques used during Peacekeeping activities (PKA),
will be established.
As for our country which has a policy of neutrality and also politically stable, establishing
international training centres of PKA is important to prepare personnel of PKA of the
regional countries in emergency conditions. Establishment of the training centre has a
great importance to developing cooperation, and foreign relations in the military sector,
to improve professional skills of our military officers and to learn modern military
techniques and technologies.
The head of the training centre of the UN PKO and his colleague paid a visit to Mongolia
from the 28th of February to the 5th of March 2003. They became acquainted with
preparation work of the Mongolian PKO for participation in PCA as well as the training of
military personnel, and they exchanged their views on certain questions with our army
leaders.
In the near future a representative of Mongolian armed forces will work at the UN PKO
officer staff, or an army officer will going to work as a military council at a permanent
representative office at the UN from Mongolia. The Peace Keeping Office of the General
Staff of the Armed forces is working to develop a plan of policy to participate in the UN
PKO of the Mongolian army in the next 5 years and by planning this, further clarifying the
direction of operations..
The country has expressed its desire to participate in the UN PKO not only with military
observers, but also with army divisions. So it is working to ensure its readiness to send
army divisions to the UN. Although our military officers are ready to perform duties, there
are financial and logistic barriers very difficult to eliminate and requiring resolution. For
example:
•
Transport and personnel equipment, and some specific equipment used to carry
out the PKO,
•
•
•
•
Questions concerning how to get freight transport airplanes from the USA, how to
transport peacekeeping personnel and to carry out humanitarian activities shall
be solved,
In accordance with EPIC program to improve ability of international peace
keeping forces, a training practice of command staff of peacekeeping forces shall
be organised and a Computer Department is to be established,
Questions concerning how to get individual equipment such as poisonous smoke
masks, self defence tools, spades, position definers, and first aid kits from other
countries as assistance should be answered,
Attendance in international PKA; our military divisions should be able to
cooperate with other countries’ military forces. One of the main necessary factors
related to this is having similar and compatible communications equipment and
being able to correctly use them. So, asking for help from the USA, the
Democratic Republic of Germany, Canada and the Republic of Korea, countries
that have great economic and financial capacities, will solve these questions.
To be involved in the UN PKA is one of the foreign policy aims designed to contribute to
strengthening international peace and safety. Also, it holds significant importance to
promote Mongolia, improve the knowledge and professional skills of the armed forces,
and to give them possibilities to widen knowledge on modern military arms and
techniques, and to deepen international relations in the military field. According to the
UN rules, by duly compensating arms and techniques, and military personal that takes
part in real PKA, costs of defence will be minimised. Also, it will contribute to solving
social questions of military personnel, and even contribute to the lowing of the state
budget to some extent.
Since 1990, foreign relations of The Mongolian Defence Sector have been intensified
and have reached a new quality level. Nowadays, Mongolia has permanent and jointly
working military attachés in countries all over the world.
Mongolian military attachés work permanently in Russia, the People’s Republic of China,
the Kingdom of Belgium, and they perform the post jointly for the Republic of Korea from
Beijing, for Canada from the USA, and for the Federal the Democratic Republic of
Germany, France, and Italy from Belgium. In our country, military attachés from the
USA, the People’s Republic of China and the Russian Federation work permanently, and
attachés from Italy, Turkey and Japan, are jointly working from Beijing. Foreign relations
of the Mongolian Defence Sector are influential in initiating military cooperatives with our
two neighbour countries and other important countries that are influential for world
politics
These external relations have developed the aim to participate in UN PKO, to cooperate
with the world joint association in the military field, to have relations with countries that
are interested in our country and to develop defence relations with countries that support
a democratic view of our country.
Mongolian Relations with other countries contributes to developing and strengthening
the Mongolian Armed forces. Also, it is important to complete the reforms that are being
carried out by the Government. To activate and expand external relations of the defence
sector in our new century, to enrich the content and form of current relations are
necessary to modernise the Mongolian army, as well as to safeguard our own country
through diplomatic means.
Bibliography
A Historical Overview of the Ministry of Defence of Mongolia, (Ulaanbaatar, 2001).
The History of the Armed Forces from 1990-1997, Research Report of the Library of the
Institute for Defence Studies, (Ulaanbaatar, 1998).
The Legal Basis of the Armed Forces of Mongolia, (Ulaanbaatar, 2002).
Military-Diplomatic Relations of Mongolia, Research Report of the Library of the Institute
for Defence Studies, (Ulaanbaatar, 1998).
Mongolian Defence White Paper, The Ministry of Defence, (Ulaanbaatar, 1998).
People’s Right, No. 103, 1995.
People’s Right, No. 198, May 4, 1998.
People’s Right, No. 298, December 12, 1998.
Soyombo, No. 24 and 25, June 10-18, 2002.
CHAPTER SEVEN
CIVIL SOCIETY FORMATION, CIVIL-MILITARY RELATIONS
Ch. Erdenechuluun Ph.D.
Deputy Director of the Institute for Defence Studies and Scientist Secretary
B. Sodbileg
Research Worker at the Civil-Military Relations Centre
1. CIVIL SOCIETY FORMATION IN MONGOLIA
Scientists and researchers have begun to focus on the following functions regarding the
civil society formation and development of Mongolia:
•
•
•
•
Self-regulation
Social integration
Self development of civil society subjects,
Transformation of social relations into homogeny.
The following characteristics define the present appearance and future prospects of the
civil society. These are forming in the context of traditional and modern livelihood and
consciousness of Mongolia and are being developed with the unique national specifics
and methodology.
A civil society is characterised by non-discrimination of its citizens towards ethnic groups
or social classes, respecting democratic rights and freedoms and providing equal and
adequate mixture of rights and responsibilities to each person in the framework of the
law.
In this semasiology, a mixture of rights and responsibilities mark the livelihood of
Mongolia, its consciousness and intellectual tradition. These characteristics can be
considered independent from state regulations in primary micro level relations, but are
under gentle state regulations in a macro level respectively.
This constitutes the realistic root for the basic principles of civil society rights and
freedoms to be developed in Mongolia.
Animal husbandry has been the basic living source for Mongolians. Herders bred their
livestock and used its raw materials and products in their nomadic lifestyle. Any type of
such production was subject to state regulations or pressure limiting their rights or
freedom. All issues related to their rights, responsibilities and freedom depended solely
on the individual herders (excluding the time period when the nation was under the
totalitarian regime).
Before 1990, though citizens used to participate in public activities by involving public
organisations according the rights granted by the Constitution, those organisations acted
not as the defender of public interests but as weapons of a politicised ruling party’s
ideology.
For example, the only organisation of Mongolian youth, the ‘Mongolian Revolutionary
Youth Federation’, stipulated in its charter that the ‘Mongolian Revolutionary Youth
Federation is the heroic helper and reserve force of Mongolian People’s Revolutionary
Party’ and aimed its activities to educate young people to become active participants
who would dedicate all their effort and talent to the cause of building socialism and
communism. At the same time, organisations such as the ‘Mongolian Seniors
Association’, ‘Mongolian Trade Union’ and ‘National Children’s Foundation’ also
implemented politicised activities reconciled with party policy.
However, the turnaround changes of 1990 in the political and social atmosphere not only
forced reform within the Mongolian People’s Revolutionary Party but also created the
condition to transform the public organisations under direct party control.
In fact, as a result of the democratic revolution in 1990, Mongolia transformed from a
centrally regulated totalitarian regime to an open and independent system that respects
the common humanitarian values and approved its renewed Constitution in 1992. The
Constitution of Mongolia declares that ‘the supreme objective is the development of a
human,
civil,
and
democratic
society
in
the
country’.
1
Based on the above goal, human rights and freedoms, which are the basis of the
formation and development of civil society, were legislated. Namely, the 2nd chapter of
the Constitution of Mongolia:
Article 16 [3] ‘Right to fair acquisition, possession and inheritance of movable and
immovable property. Illegal confiscation and requisitioning of the private property of
citizens shall be prohibited. If the State and its bodies appropriate private property on the
basis of exclusive public need, they shall do so with due compensation and payment’;
Article 16 [7] ‘Right to education. The State shall provide basic general education free of
charge. Citizens may establish and operate private schools if these meet the
requirements of the State’;
Article 16 [8] ‘Right to engage in creative work in cultural, artistic and scientific fields and
to benefit thereof. Copyrights and patents shall be protected by law’;
Article 16 [9] ‘Right to take part in the conduct of State affairs directly or through
representative bodies. The right to elect and to be elected to State bodies. The right to
elect shall be enjoyed from the age of eighteen years and the age eligible for being
elected shall be defined by law according to the requirements in respect of the bodies or
posts concerned’;
Article 16 [10] ‘Right to form a party or other public organisations and unite voluntarily in
associations according to social and personal interests and opinions. All political parties
and other public organisations shall uphold public order and State security, and abide by
law. Discrimination and persecution of a person for joining a political party or other public
organisation or for being their member shall be prohibited. Party membership of some
categories of State employees may be suspended’;
1
The Constitution of Mongolia, (Ulaanbaatar, 1992), p. 3.
Article 16 [16] ‘Freedom of thought, free expression of opinion, speech, press, peaceful
demonstration and meetings. Procedures for organising demonstrations and other
assemblies shall be determined by law’.2
Aside from the above provisions stipulated in the Constitution, civil society relations are
regulated by other laws and legislation such as the ‘Law on Non-Governmental
Organisation ‘, ‘Political Party Law’, ‘Law on Relationship Between the State and the
Monastery’, ‘Trade Union Law’, ‘Law on Administrative and Territorial Units of Mongolia
and Their Governing Bodies’.
Special attention shall be given here to the ‘Law on Non-Governmental Organisations’
passed in 1997. The objective of the ‘Law on Non-Governmental Organisations’ is
…to regulate relations concerning the association of citizens and the
establishment and activities of non-governmental organisations for the aim to
implement the human rights as specified in the Constitution of Mongolia and in
international treaties to which Mongolia is a party3
Chapter 4, Article 1 of this Law stipulates that
…’non-governmental organisation’ means an organisation which is independent
from the state, self-governing, not-for-profit and established voluntarily by citizens
or by legal persons other than State bodies (that exercise legislative, executive
and judicial powers) on the basis of their individual or social interests and
opinions4
Non-governmental and public organisations play a major roles in delivering the policies
and activities implemented by the government to the people and they are considered the
‘bridges’ connecting the government with active portions of the population. For example,
organisations such as the ‘National Poverty Alleviation Centre’ (which has implemented
the ‘National Poverty Alleviation Program’, which has been approved by the government
since 1996), ‘Mongolian Seniors Association’, ‘Mongolian National Centre for Children’s
Rights Protection’, ‘Mongolian Women’s Association’, and ‘Mongolian Youth Association’
received a certain amount of financing from the government and provide public services
to their members and supporters. In addition to these organisations which received
financial assistance from the government to carry out their policy and activities, there are
a variety of independent non-governmental organisations in operation that provide
services to their members and supporters.
The ‘Law on Non-Governmental Organisations’ regulates the policies and activities of all
of those non-governmental and public organisations.
At present, there are more than 2100 (as of June, 2001, according to the information
provided by the Ministry of Justice and Home Affairs) non-governmental organisations in
operation registered with the Ministry of Justice and Home Affairs. This number has
2
The Constitution of Mongolia, (Ulaanbaatar, 1992), pp. 8-9.
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
4
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
3
tripled since 1996. These non-governmental organisations are tending to form more
systematic and unified institutions according their policies and activity fields.
Although the increased number of non-governmental organisations operating in our
country is in a way praiseworthy, governmental support is essential to improve and
strengthen the capacity and resources of those organisations. Since non-governmental
organisations are social institutions, their monitoring functions on other organisations
activities aimed to express and protect the interest of the public and their members,
supporting the state and at the same time government pressure contributes considerably
to the formation of Mongolian civil society.
The citizens of Mongolia and legal bodies other than state organisations have rights to
independently or jointly establish non-governmental organisation for the sake of their
interest and ideology without the state approval of the organisation. However, the right to
conduct official activities is granted by registering it with the Ministry of Justice and
Home Affairs and the State Registration Office. Also, the activities of the nongovernmental organisation should be open and transparent to the public and any of its
members or any citizen has the right to access the report of the organisation as
legislated by the law.
The following conditions are prerequisites to recognise a non-governmental organisation
as a legal entity:
According the registration procedure, the Ministry of Justice and Home Affairs grant
official permission and certification to the non-governmental organisation to carry out its
activities.
The Ministry of Justice and Home Affairs issues one of the following decisions within 30
days after submission of the required documents:
•
•
•
To register the non-governmental organisation in the State Registration
To refuse to register it into the State Registration (if the organisation’s intentions
do not coincide with Mongolian laws and regulations)
Once the founders issue the decision to establish a non-governmental
organisation and approve its charter, the non-governmental organisation is
considered to be established and once registered with the State Registration
Office, it enjoys the rights of legal body5
The laws, legal documents and programs approved by Parliament and Government
define the ‘cartographic’ relationship between the State and the civil society. In
Mongolia, the State keeps to the following provisions of law when dealing with nongovernmental organisations:
The State shall protect the legal rights of nongovernmental organisations.
Non-governmental organisations shall not be dependent in anyway on the State.
5
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
State organisations may provide financial and other types of assistance to the activities
of non-governmental organisations.
Any non-confidential state information related to the State organisation shall be
accessible to the non-governmental organisation.
If they wish to do so, the non-governmental organisation may participate in drafting and
implementing activities of decisions to be issued by the legislative and executive
authorities.
The non-governmental organisation may express its position and issue statements
regarding the decisions made by the State organisation6
The aforementioned law provisions define the open and democratic status of nongovernmental organisation activities, their independence from the State and their
relationship with the State.
In Charter 4, Article 21 has provisions regarding the close cooperation between the
State and non-governmental organisations. State support for the non-governmental
organisation’s activities and policies extending discounts to the non-governmental
organisation proceed as follows:
•
•
•
Income from membership fees, contributions, inheritance and mission-related
economic activities of public benefit, registered non-governmental organisation
shall be tax exempt.
Income from membership fees and members’ contributions to mutual beneficial,
registered, nongovernmental organisations shall be tax exempt.
Relevant laws and regulations shall regulate other benefits for registered nongovernmental organisations7
The above mentioned discounts provided by the State to the nongovernmental
organisation facilitate the non-governmental organisation’s activities.
In fact, the formation of Mongolian civil society is increasingly attracting the attention of
scientists and researchers, which are then used as the basis of research work
development in this field.
Based on scientific study conducted on the Mongolian state structure those researchers
concluded that there were traditional components of civil society and traditional social
lifestyles prevalent in Mongolia until 1920. However, private enterprises were destroyed
and all economical authorities were in the hand of the State until 1990. Since the time
when the politicised single party regime and totalitarian system were established many
characteristics of civil society became indistinct over the course of these years.
As the result of the changes that occurred in political, economic, intellectual and social
sectors during the democratic revolution, basic conditions were established to facilitate
the formation and development of Mongolian civil society. The establishment of a new
6
7
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
political system, the application of mechanisms for electing the state supreme governing
bodies with free and democratic elections, the coexistence and operation of multiple
parties and political forces opened up opportunities to establish many organisations on
the people’s initiatives and to carry out their activities without any dependency from the
State. In parallel, as result of the implementation of comprehensive measures for the
transition to a market economy the citizen became the ‘Asset holder subject’ and started
to enjoy real ownership rights. The measures are listed as follows: creation of legal
bases to regulate the relations of enterprises in the economic sector, privatisation of
state companies and cooperative assets, price liberalisation, support for private sector
and reform of banking and financial systems. In the intellectual context, the formation of
new habits in the culture and estimation of valuables among citizens influenced the trend
of social development. This process opened up possibilities to be introduced to the
cultural and intellectual treasures of the world, enrich the heritage and develop this
treasure based on national customs and tradition. Still, the formation and development of
civil society depends on many factors. Therefore, two most important factors for our
present society shall be mentioned:
First, it is to legislate all aspects of the relations of citizens among themselves and
between the state and citizen, and to strictly implement the principles of equal legal
rights;
Second, responsibilities of each member of the society have increased during the
process of democratisation and the need and importance of developing civil
consciousness and culture for them is increasing as well.
It is difficult to talk about civil society or people without mentioning civil culture, which is a
broader concept than ‘political culture’. It expresses the degree of people’s
understandings about critical social issues and important objectives and how to estimate
their reaction. In addition, socialism has had the effect of levelling out our past social
wealth, creating a society dependent on handouts, inured with this mentality and
accustomed to alimentation from power privilege and private property. As result of that,
people are reacting negatively to market oriented social relations where individuals are
responsible for their own religious beliefs and lives in a fair competitive environment,
which creates some obstacles for the formation of civil society in our nation.
As of today, only theoretical analyses have been conducted on the formation and
development of civil society and only recently have some specialised scientific research
been carried out. In 2002, the ‘Aslis’, an association of young Mongolian sociologists and
social psychologists carried out a sociologic study among the non-governmental
organisations’ members and supporters. A total of 3230 members and supporters of 163
non-governmental organisations were involved in this study. The survey participants
were asked about the difficulties facing the non-governmental organisations and 52.4%
of them answered double counting that ‘lack of financial sources’, 28.1% - ‘lack of state
support and assistance’, 22.1% - ‘poor work environment, high rent cost of office space’,
19.5% - ‘poor social efforts and participation from the members’, 19.3% - ‘poor
technological renovation’, 19.1% - ‘lack of conditions to cooperate with other nongovernmental organisations’, 17.7% - ‘law on non-governmental organisations does not
correspond with the reality’, 11.3% - ‘our organisation’s management policy and
performance results are not realistic’, 10.5% - ‘unavailability of qualified human
resources’, and 0.3% - ‘existence of all above difficulties’ answered respectively.
According to the above results, common hardships like the lack of financial sources
(52.4%) and lack of support and assistance from the State (28.1%) experienced by
today’s non-governmental organisations are occupying the first place among mentioned
difficulties. Present financial burdens limit the conditions of uninterrupted and
sustainable operation of non-governmental organisations. Also, the conclusions of
survey participants stating that non-governmental organisations are not able to get
support from the State is an indication that the three-way relation of ‘State-nongovernmental organisation-citizen’ is not yet developed in Mongolian society. At the
same time, the survey participants concluded that the legal environment of nongovernmental organisation’s operation should be further improved (17.7%)8 .
The concepts of ‘Social Capital’, ‘Social intelligence’ and ‘Democratic Mentality’, which
are the key determining characteristics of the modern developed civil society, should be
integrated to the scientific cycle and should be analysed thoroughly as well as directing
the people’s focus to training and promotional activities.
The social memory or intelligence issue is a very important issue for post-communist
countries like ours. The social memory and intelligence capacity of our society is
considerably poor and the young generation has a mediocre knowledge level due to the
totalitarian system and unsuccessful experiment of communist authoritarianism and the
‘gossip newspapers’ or one-sided information published in media controlled by a political
force are main negative influences for the formation of the civil society.9
Interest groups and non-governmental organisations operating in Mongolia act as the
bridge between citizens and the State. In order to implement their interests, nongovernmental organisations address their requests and inquiries to decision making
authorities like the parliament and government and they are mainly expressed in form of
written program drafts or specific proposals to be included in relevant laws. Also, the
demands are expressed by introducing the request content to the decision making
authorities and justifying the importance for issuing the related resolutions as well as
organising demonstrations and hunger strikes.10
Although the legal environment of open and independent operations of nongovernmental organisations has been basically established in Mongolia, the cooperation
capability and civil society participation has not yet developed between the State and
interest groups such as the presentation of reports of nongovernmental organisations’
research works, recommendation of experts and researchers or exchange of information
at Parliament sessions or special meetings of specific standing committees.
2. Civil Military Relations
In 1998, Mongolia approved the ‘The Bases of the State Military Policy of Mongolia’, a
statement defining the Defence Policy of Mongolia by adjusting national principles based
on global military structures and military operation and methodology and the new
atmosphere of Mongolian international relations.
8
The Formation of Non-Governmental Organisations, Aslis Association of Young Mongolian Sociologists
and Social Psychologists: Research Report, (Ulaanbaatar, 2002), p. 12.
9
B. Delgermaa, Political Science, (Ulaanbaatar, 2000), p. 218.
10
B. Delgermaa, Political Science, (Ulaanbaatar, 2000), p.210.
This ‘Military-Politics’ document has great importance as it contains the provisions of
principles related to the positive changes of global and regional geopolitics, international
relations, military policy and operations connected with Mongolian national and
traditional interests such as the ‘…political ground of Mongolian military structure is the
civil monitoring on the Armed forces…’, ‘…the self-defence principle of Mongolia will be
based on the consolidated local defence system…’ and ‘…Mongolia will have
professional Armed forces’.11
Also, the ‘National Security Concept of Mongolia’ document stipulates that the ‘Security
of State and Society means the political, social and economic system reinforced by the
Constitution of Mongolia and guarantees the status of human rights and freedoms and
the basic principles of State activities’. It also stipulates that the
Security of citizen’s rights and freedom means the comprehensive efforts of
individual person for the interest of him/herself and of the nation, its people and
society by dedicating all his/her physical and intellectual capacity and the
creation of conditions where the responsibilities accepted by Mongolia can be
implemented according to international treaties on human right issues12
The aforementioned legal documents constitute the foundation for the reform of Armed
forces and establishment of adequate conditions for civil-military relations.
One of the key features that connects civil-military relations is the state structure in the
political arena and people and militarists on a social level.
Militarists are considered to be an inseparable part of society and the main force in
defending the nation’s independence and territorial integrity against external
aggressions.
As the Mongolian Armed forces is made up of representatives from all social levels, it
represents an accurate picture of civil-military relations.
The formation of proper civil-military relation in the legal, economic, social and
intellectual framework is one of the priorities not only for the militarists but also for
Mongolian society.
The pattern of today’s civil-military relations is one in which militarists have less political
authority but have a high level of professional military knowledge.
The theoretical and practical issues of civil-military relations will still be a critical issue for
the study of activities and practical life and there is a need to deepen the level of
research work.
The State is obligated to make the information concerning Armed forces activities more
clear and transparent and to create conditions that ensure that all activities are carried
out in a legal framework, to increase systematically the education level of politicians,
state administration officials about the security and defence, to increase the interrelation
of interests of civil-military relation and its management, strengthen the reputation of
11
12
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998).
National Security Concepts of Mongolia, (Ulaanbaatar, 1994).
civil-military relations, raise the reputation of Armed forces within society and to
coordinate the evaluation of human rights, freedom and individual persons in connection
with military activities in a realistic legal environment.
In the framework of the reforms made in the defence sector of Mongolia, the traditional
components of civil-military relations such as the democratic civil monitoring of the
Armed forces, creation of defence policy an appropriate legal environment for the
monitoring of budgeting activities and the distribution of authorities among the
implementing and legislative organisations like the Ministry of Defence and the General
Staff of the Armed forces could be considered as the basis of the proper formation of
civil-military relations. Also, the civilianisation of Defence Ministry’s administration and
professional capacity-building of the Armed forces in connection with the national
security strategy are components of above mentioned reform process.
One important issue of the civil-military relations in a democratic society is increasing the
participation of ‘civil society’ in the development and implementation process of the
security and defence policy.13
During the era of socialism, involvement of civil society in defence activities did not exist
in our country. Because of this some lack of experience can be observed in the
implementation of the defence sector reform to increase civil society’s participation.
However, there are number of positive factors that reflect the increase of the civil society
participation in the civil-military relations. Namely:
a)
Mongolia’s traditional and historic relation between the Armed forces and
society has been fostered for many centuries. This issue is described
comprehensively in the Chapter 1 and 2 of this book.
b)
The approval of basic laws and legislation such as the ‘Constitution of
Mongolia’, ‘National Security Concept of Mongolia’, ‘The Bases of the
State Military Policy of Mongolia’, ‘Law on Defence’, ‘Law on Armed
forces’, ‘Law on Non-Governmental Organisations’ etc. opened up the
possibilities and legal environment in higher level to facilitate the
participation of civil society in the security and defence activities of
Mongolia.
c)
The reform of the Defence sector brought in a positive atmosphere to
political and social psychology.
Based on the above positive trends, the next step to be taken in the reform process of
the Armed forces is to strengthen the good governance, increase the openness and
capacity-building of the Armed forces’ management and personnel, and to increase the
participation of civil society in security and defence policy and activities.
The active participation of civil society in the development and implementation process
of the security and defence policy widens the monitoring functions and responsibilities of
the Government.
13
Collection of Imminent Theoretical and Practical Issues of Civil-Military Relations, (Ulaanbaatar, 2002), p.
206.
‘The Military Structure Development Program until the year 2005’ approved by the
decree of the President of Mongolia stipulates that ‘…the objective …of the Program …is
to deliver the reform process to the military units and divisions, to strengthen civil
monitoring of the Armed forces and to create the basic conditions to have capable
Armed forces’.14 This provision is an indication that the State is giving a high priority to
the strengthening of the proper formation of civil-military relations in a short period of
time.
Although the democratisation process of civil-military relations is being implemented to a
certain extent in our country, the following factors still obstruct the increased participation
of civil society:
1)
The final decision making organisations in the field of security and
defence are not able to cooperate closely with non-governmental
organisations and research institutions. This mainly relates to the nonexistence of non-governmental organisations that operate specifically in
the field of security and defence on the one hand, and the lack of interest
and support to carry out research activities by non-governmental
organisations on security and defence issues in the other hand.
2)
Poor civil society participation in the elaboration of non-governmental
organisations’ information sources and inclusion of them in the defence
sector’s policy and decision making.
3)
Non-existence of systematic structure for nongovernmental organisations
to implement monitoring on of security and defence activities and
organisation of public debates and discussions on security issues by
using research findings, official and unofficial meetings, and information
devices.
4)
Proper priority is not being given to integrate public support and public
opinions into the decision making process for the security and defence
sectors.
5)
Lack of qualified civil human resources and researchers in the defence
sector.
6)
No strong monitoring mechanisms of ‘civil society’ exists for the outcomes
of activities and budget expenditures in the defence sector.
If civil society faces any kind of difficulty in participating in the development and
implementation process of security and defence sector’s policies and activities, the civilmilitary relation would become improper, good governance would weaken and the
reform process would be prolonged. Therefore, the top priority is to increase the civil
society’s participation in security and defence activities, enrich the present level of
training and research works by adding new contents and creating wider support of not
only a financial but also a legal, administrative and organisational nature from both the
State and civil society.
14
Military Structure Development Programme to 2005, (Ulaanbaatar, 2002).
Bibliography
The Bases of the State Military Policy of Mongolia, (Ulaanbaatar, 1998).
The Constitution of Mongolia, (Ulaanbaatar, 1992).
Collection of Imminent Theoretical and Practical Issues of Civil-Military Relations,
(Ulaanbaatar, 2002).
B. Delgermaa, Political Science, (Ulaanbaatar, 2000).
The Formation of Non-Governmental Organisations, Aslis Association of Young
Mongolian Sociologists and Social Psychologists: Research Report, (Ulaanbaatar,
2002).
The Law on Non-Governmental Organisation, (Ulaanbaatar,1997).
Military Structure Development Program to 2005, (Ulaanbaatar, 2002).
National Security Concepts of Mongolia, (Ulaanbaatar, 1994).