TRAFFICKING IN PERSONS (TIP) REPORT FOR

UNCLAS ULAANBAATAR 000173

SIPDIS

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM KCRM KWMN SMIG ELAB MG MC IS KS TU
CH
SUBJECT: TRAFFICKING IN PERSONS (TIP) REPORT FOR
MONGOLIA

REFS: (A) State 003836, (B) 05 Ulaanbaatar 127

Sensitive But Unclassified -- please handle
accordingly.

Summary and Introduction
--------------


1. (SBU) Growing awareness of trafficking as a
domestic and international issue -- as well as
Mongolia's first appearance in the TIP report --
spurred Mongolia to take significant new steps against
trafficking in the last year. In November 2005, the
government adopted a National Action Plan against
trafficking and the sexual exploitation of women and
children. The government has begun to take the first
steps under this action plan and, acknowledging
weaknesses, has prioritized improvements in the
training of officials, in the legal environment, and in
aid to victims. The government conducted its first
anti-trafficking publicity effort, and MFA began to
distribute anti-trafficking training materials to
consular officials in destination countries. In
January 2006, the government won its first conviction
under an anti-trafficking provision adopted in 2002, a
conviction which officials and activists hope will set
the stage for more vigorous and successful
prosecutions. Domestically, there continues to be a
child prostitution problem, and the government has
allowed some companies to bring in North Korean
contract laborers whose labor may not be fully
voluntary. Mongolia continued to be a country of
origin for sex trafficking, largely to Macau, China and
South Korea, although victims also were found in Turkey
and Israel. Information about international
trafficking continues to be sketchy and anecdotal. End
summary and introduction.

Overview
--------------


2. (SBU)

(A) Mongolia has a limited trafficking in persons
problem, with some domestic trafficking cases and some
cases of Mongolians trafficked overseas for sex.

According to police statistics, there were 177
underaged prostitutes discovered in 2005 (down from 215
in 2004). In April 2004, UNICEF persuaded the
government and representatives of the travel and
tourism industry to establish a voluntary code of
conduct to prevent the sexual exploitation of children.
Government and NGO officials suspect there may be some
adult victims among those working in Mongolia's sex
industry. Scheduled anti-trafficking training of
police and inspectors of entertainment establishments
may lead to the discovery of such cases.

There is no information indicating a domestic
trafficking for labor problem, with one exception.
Beginning in 2004, North Korean laborers have been
employed in Mongolia, primarily in the construction and
service industries. According to information received
from the Ministry ofA'cial _lgar$$qnd Da`."h/pmGrlvc qp+Cz{u. `aSQWQQQompanies, with Mongolian government approval. The
contract terms require that the laborers return to
North Korea at the end of the contract, although
temporary, limited extensions are permitted. The
Government of Mongolia has made clear that, per
agreement with North Korea, it does not intend for
these contract laborers to remain long-term in
Mongolia.

The working and living conditions of these laborers
raise the concern that they are subject to coercion,
and are not free to leave their employment; however, no

actual instances of workers either wishing to leave or
actually leaving (going AWOL) their jobs are known.
The DPRK workers are monitored closely by "minders"
from their government, and many are believed to be
subject to DPRK government pressure because of family
members left behind in North Korea. The workers
reportedly do not routinely receive direct and full
salary payments.

While many Mongolians working illegally in other
countries are exploited in some fashion, the only known
trafficking victims outside Mongolia are women forced
to work as prostitutes. Neither the government nor the
NGO community has accurate estimates of the extent of
such trafficking. The results of limited surveys by
NGOs reinforce anecdotal evidence about trafficking
destinations. Young women are believed to be
trafficked typically to Macao, China, and South Korea.
The ability of Mongolians to travel to Macao and China
without visas helps explain why these are leading
destinations. Estimates of Mongolian sex workers in
Macao vary from 200-300 women. Some women wittingly go
to Macau to work as prostitutes, and it is unknown how
many sex workers are trafficking victims. In 2005,
seven trafficked women were returned from Turkey, and
another two trafficked women were found in Israel
(these latter women have remained in Israel as
witnesses in a criminal case against the traffickers).
Government and NGO officials believe that the known
trafficking cases are the tip of the iceberg, and that
more cases would be reported if victims did not fear
embarrassment and an insufficiently sympathetic
reception by Mongolian law enforcement officials.

(B) Traffickers target young women through newspaper
advertisements. The jobless rate among urban youth is
high and working abroad is attractive. Many of those
working overseas do so without authorization in the
destination country. This extensive illegal migration
provides a context in which trafficking in persons
occurs; a few women who arrange to work abroad
illegally actually end up as trafficking victims. Some
regulations about labor recruitment for overseas jobs
exist, but are not always enforced. The Ministry of
Justice and Home Affairs currently prohibits companies
recruiting for labor abroad from facilitating visas.
The Ministry attempted to prevent recruiters from
advertising vacancies for workers in restaurants and
bars, but recruiters began to advertise for babysitters
instead. Anecdotal evidence also indicates that a few
women who enter into immigration-oriented marriages of
convenience with South Korean men also fall victim to
traffickers after arriving in that country.

(C) While efforts against trafficking have increased,
and there is enhanced public awareness, Mongolia's
government has very limited financial resources but
many difficult social problems. Resources are
typically allocated to sectors considered to be more
pressing. Corruption is believed to be endemic in
Mongolia, including in law enforcement. No cases of
corrupt ties between traffickers and officials are
known, but such links in individual cases are possible.

(D) The government of Mongolia is committed to
combating trafficking in persons and has tried to
improve its ability to do so. In November, an order by
the Prime Minister promulgated Mongolia's National
Action Plan on trafficking, and against the sexual
exploitation of women and children. Mongolian
government representatives also are taking an active
part in anti-trafficking working groups along with
NGOs. This latter process has been organized by The
Asia Foundation using ESF money.

Prevention
--------------


3. (SBU)


A. The government acknowledges that trafficking is a
problem.



B. The Ministry of Social Welfare and Labor takes the
lead on trafficking. Police, prosecutors, judges, and
the Ministry of Justice and Home Affairs are also
involved.


C. There was a government-run anti-trafficking campaign in
late 2005. More campaigns are planned. Using ESF funding,
an NGO has distributed trafficking information leaflets at
the airport, train station and bus stations. A broader
publicity effort is scheduled this year. Potential
trafficking victims comprise the target audience of these
efforts.


D. Since 2000, the police have conducted a program
among arrested child prostitutes to encourage their re-
entry into school or training. Since 2003, the
government has conducted a program among at risk groups
of girls to prevent prostitution. The government
supports a variety of other job creation, social
welfare, and educational programs; however, none of
these are identified as efforts against trafficking.

(E. Missing in ref a)


F. There is good cooperation between the government
and NGOs on trafficking.


G. Mongolia does not now screen for potential
trafficking victims at exit points; it might be
difficult to identify many trafficking victims at the
exit point, since victims often intend to go abroad for
illegal employment and only discover they are
trafficking victims after arriving at their
destinations overseas. The government plans to train
border officials in 2006 to sensitize them to
trafficking issues. Pamphlets placed by NGOs at train
stations and the Ulaanbaatar airport attempt to alert
potential victims, and provide information about
contact points in common destination countries. In
2005, the Ministry of Foreign Affairs began to
distribute information on trafficking to consular
officials serving overseas.


H. A National Action Plan against trafficking was
approved in November 2005. The lead agency is the
Ministry of Social Welfare and Labor, but the task
force includes all other relevant government agencies,
including law enforcement. Government agencies also
participate in anti-trafficking working groups with
NGOs, organized by The Asia Foundation in late 2005
under an ESF grant. Anti-corruption legislation is
being considered by the parliament, and may pass in the
next session. If enacted, the proposed new law would
establish an independent anti-corruption entity.

(I. Missing in ref a)


J. There is a National Action Plan. NGOs were fully
consulted in its drafting. The plan has been widely
disseminated among relevant organizations.

INVESTIGATION AND PROSECUTION
--------------


4. (SBU) There have not been changes to the law in the
last year.


A. The Criminal Code addresses trafficking in persons
in Article 113. The provision covers labor trafficking
and sex trafficking, and, like other provisions in the
Criminal Code, covers both domestic cases and offenses
committed out of the country by Mongolians. The
terminology in the law, which refers to the "sale and
purchase" of human beings, is the standard terminology
used to translate "trafficking in persons" into
Mongolian. One reason that prosecutions under this law
have been limited is that trafficking situations often
may not have a clear "seller" or "buyer," but turn more
on fraud and coercion. Human rights advocates have
argued that the law does cover such situations. In
early 2006, a judge agreed, convicting a Mongolian

woman who had trafficked several victims to Macau for
prostitution and sentencing her to ten years
imprisonment. The judge and the prosecutors in this
case had received anti-trafficking training from the
National Human Rights Commission. The Ministry of
Justice and Home Affairs and the National Human Rights
Commission have worked on legal changes to more clearly
spell out trafficking offenses. While anti-trafficking
advocates ultimately would prefer new legislation, they
have urged that the Supreme Court issue an
interpretation of Article 113 which would make the
broader reading of the law standard for judges and
prosecutors. NGOs are hopeful the Supreme Court will
issue such an interpretation in 2006.

Other relevant sections of the Criminal Code include
Article 115 (involving a child in criminal activities),
Article 121 (forced labor of a child),Article 122
(sexual intercourse with a person under the age of 16),
and Article 124 (organizing prostitution).


B. The penalty for trafficking under Article 113 is
three years. Enhanced penalties of 5-10 years are
applicable if the trafficking is for the purposes of
prostitution or involves persons under the age of 18.
If the trafficking is done by an organized group, or
involves grave harm, the penalty is 10-15 years
imprisonment.

The penalty under Article 115 (involving a child in
criminal activities) is 1-3 months for those involving
a child in prostitution, or 3-5 years if this is done
by violence or threat or in the event of a previous
conviction. The penalty under Article 121 (forced
labor of a child) is four years imprisonment. The
penalty under Article 122 (sexual intercourse with a
person under the age of 16) is three years
imprisonment. Penalties under Article 124 for inducing
others to engage in prostitution by physical violence
or deception are incarceration for 3 to 6 months, while
organizers of prostitution are punished by imprisonment
for up to five years.


C. The standard penalty for rape is a prison term of
up to five years. Enhanced penalties of 5-10 years
apply for rape of a minor or one which inflicts serious
injury. Rape of children under 14 years of age, or
which leads to the death of the victim, may be 15-25
years or the death penalty.

Convictions for sex trafficking under Article 113 would
lead to equal or higher penalties than a conviction for
rape. In practice, many trafficking-related
prosecutions are under Article 124 (organization of
prostitution),under which penalties may be less severe
than for rape. Reasons for choosing to prosecute under
Article 124 include incomplete understanding among some
officials of Article 113, as well as the relative ease
of proving that a person was involved in organizing
prostitution as opposed to proving that they induced a
victim, through deception or coercion, into
prostitution in another country.


D. The Criminal Code adopted in 2002 dropped prostitution as
an offense. However, prostitution remains illegal under the
1998 Law Against Pornography, which states that prostitutes
may be detained for 14-30 days and have their earnings
confiscated. Organizers of prostitution remain subject to
penalties under the Criminal Code, as noted in answers (A)
and (B) above. It is not an offense to be a client of a
prostitute; however, it is an offense to knowingly have sex
with someone under the age of 16. Article 113 (trafficking
in persons) of the Criminal Code provides for enhanced
penalties of persons who traffic for prostitution.


E. The Embassy is awaiting an official written
response to our request for information, but has
obtained information orally from the police. In the
past year the government successfully prosecuted one
case under Article 113, leading to a prison sentence
for one Mongolian woman of 10 years. The case
involved seventeen women trafficked to Macau, six of

whom testified. Another case was prosecuted under
Article 124 (organizing prostitution),leading to a
five year sentence for a Chinese citizen. Both these
court actions involved cases in which investigations
began in 2004. Nine new cases of possible trafficking
were registered by police in 2005. Of these, police
and/or prosecutors decided only one case had
sufficiently strong evidence to enable prosecution.
That case is pending in court. Of these nine cases
registered, five involved victims in Macau, two in
Beijing, and two in China near the Mongolian border.
Six of the suspected traffickers were Mongolian, two
Chinese, and one was South Korean. Police comment that
prosecutions are hampered by a variety of factors,
including the current anti-trafficking law,
requirements by judges for witnesses from destination
countries to corroborate the offense, and poor
cooperation by Chinese and Macau officials.


F. Information about trafficking, and trafficking
patterns, remains anecdotal. However, most anecdotes
involve Mongolians posing as legitimate employment
agencies to recruit victims. Reports say that once
overseas, local organized criminal groups keep women
trapped in sex jobs. While some individual corrupt
officials may be complicit in trafficking cases, we
have no concrete evidence of this.


G. The government does investigate trafficking complaints,
but often chooses to prosecute organizers for organizing
prostitution, rather than trafficking per se. This is both
because of incomplete understanding of the relatively new
trafficking offense, as well as the relative ease of proving
the prostitution charges. Most of the prosecution case is
comprised of victim testimony about the situation they faced
in the destination country. Local law constrains undercover
operations, and conducting such operations internationally
(as would need to be done in trafficking cases) would be
beyond both the resources and the experience of Mongolian
law enforcement.


H. The National Commission for Human Rights has provided
training for judges and prosecutors. NGOs provide informal
training for police and prosecutors. One of the first
initiatives under the National Action Plan adopted in
November is expanded anti-trafficking training, including
among police, entertainment establishment inspectors, and
border officials, as well as prosecutors and judges.


I. Mongolia has limited cooperation with law enforcement
officials in other countries on trafficking cases.
Officials are satisfied with cooperation with authorities in
South Korea, and with Turkey and Israel (while not frequent
destinations, trafficking cases in Turkey and Israel
involving Mongolians occurred in 2005). Officials would
like to improve cooperation with Chinese authorities, since
Macau and China are leading destinations for trafficking
victims. In March 2006, Mongolia sent its Consul General in
Beijing, who is a former Chief of Police, to Macau to build
contacts there. Mongolia does not have a consulate in
either Hong Kong or Macau, but hopes that this trip and
periodic follow up visits will boost cooperation on
trafficking cases. While prosecution of traffickers is one
focus of such cooperation, Mongolia hopes that enhanced
cooperation with other countries will lead to better
identification and repatriation of Mongolian trafficking
victims.


J. Mongolia has extradition agreements with a number
of other countries, but we have no information that
extradition has requested in any trafficking case.
Mongolia is prohibited by its constitution from
extraditing its nationals; however, Mongolian law does
provide for prosecution of offenses its nationals
commit while out of the country.


K. There is no evidence of government involvement in
trafficking.


L. There have been no cases of prosecutions for
officials for involvement in trafficking.


M. The government has identified sex tourism as a
potential problem. With the help of UNICEF, the
government and representatives of the tourism industry
developed a voluntary code of conduct to prevent the
sexual exploitation of children in the tourism
industry. The embassy is not aware of any cases of
prosecution or expulsion of foreign pedophiles.


N. International instruments:

--- Mongolia ratified ILO Convention 182 on the
Elimination of the Worst Forms of Child Labor in
February 2001.

-- Mongolia ratified ILO Convention 29 on March 15,

2005.

-- Mongolia ratified ILO Convention 105 on March 15,

2005.

-- Mongolia ratified the Optional Protocol to the
Convention on the Rights of the Child (CRC) on the sale
of children, child prostitution, and child pornography
in June 2003.

-- Mongolia has not ratified the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially
Women and Children, supplementing the UN Convention
Against Transnational Organized Crime. According to
officials, the Transnational Organized Crime convention
and the three optional protocols are now in the
interministerial clearance process, including a review
of what legal changes Mongolia will need to make to
comply with obligations under the agreements.
Officials hope to obtain Cabinet endorsement in the
latter part of 2006, and to submit the convention and
protocols to parliament for ratification in the last
quarter of the year. The January 31, 2004 Joint
Statement signed in Ulaanbaatar between (then) Deputy
Secretary of State Armitage and (then) Vice Minister of

SIPDIS
Foreign Affairs Batbold, reconfirmed by July 2004 and
November 2005 Presidential Joint Statements, highlights
our mutual commitment to combat trafficking in persons.
As part of its commitment, Mongolia has stated it will
ratify the anti-trafficking (aka Palermo) protocol.

PROTECTION AND ASSISTANCE TO VICTIMS
--------------


5. (SBU)


A. Assistance is still extremely limited. In answer
3.D. above, assistance to child prostitutes and at risk
groups is noted. Officials have identified improved
assistance to victims as a priority for the first phase
of the National Action Plan, and have formed working
groups to this end. Note: Improving assistance to
victims is a key element of the February 2006 proposal
by The Asia Foundation for ESF money to expand TAF's
small existing anti-trafficking program. End note.


B. See above answer.


C. Except for child prostitutes, there is no existing
screening process. The National Action Plan against
trafficking includes a parallel focus on ending sexual
exploitation of women and children. As part of the
effort, anti-trafficking training will soon be
conducted among police and inspectors of entertainment
establishments, and is aimed at enabling these
officials to distinguish trafficking victims, who would
then be referred to the expanded assistance to victims
which is planned. Government and NGO officials
involved in the action plan also would like to improve
the experience of victims with the law enforcement
system. They note that some victims who are witnesses
in criminal cases against traffickers are currently
discouraged by the unsympathetic handling by many law
enforcement officials.


D. Victims rights are generally respected; however,
victims often do not know their rights or are reluctant

to pursue them. Identified trafficking victims are not
prosecuted as criminals.


E. Legal action by victims against traffickers is
possible but difficult. Victims often do not know
their rights or are reluctant to pursue them. NGOs are
trying to encourage victims to pursue such suits, and
to provide them pro bono legal assistance.


F. Protections for, and assistance to, victims and
witnesses are extremely limited, which discourages them
from coming forward. Furthermore, social stigma
inhibits victims from telling their stories. The
government has identified improvements in these
services as a priority in the first phase of the
National Action Plan. Police place girls detained as
suspected prostitutes with parents or in shelters.


G. In March 2006, the government will begin to provide
training to police, border and other officials on how
to recognize trafficking cases. Such capacity building
is one of the major priorities of the first two years
of the National Action Plan. The Ministry of Foreign
Affairs has provided anti-trafficking training
materials to consular officials abroad since mid-2005,
and is encouraging those in destination countries to
establish relationships with NGOs and local law
enforcement agencies.


H. The government does not currently provide medical
aid, shelter or financial help to Mongolian nationals
who are victims of trafficking. The government has
identified improvements in victim assistance as a
priority.


I. The Center for Human Rights and Development, the
National Center Against Violence, the Gender Center for
Sustainable Development, and the CEDAW Watch Office are
the organizations most involved with trafficking
victims. With ESF funds, The Asia Foundation has
increasingly played a role in coordinating the anti-
trafficking efforts of Mongolian NGOs dealing with
trafficking.

Suggested Text of Country Narrative
--------------


6. (SBU) Embassy suggests the following adaptation of
the country narrative published in 2005; this
adaptation assumes that the general structure of the
narratives is identical to 2005.

Begin text.

Mongolia is a source country for women trafficked for the
purposes of sexual exploitation; it also faces a problem of
children trafficked internally for the purpose of commercial
sexual exploitation. In 2005, the government documented
almost 150 Mongolian children exploited as prostitutes. The
circumstances of up to 200 North Korean contract laborers in
Mongolia raise concern that they are not free to leave their
employment if they desire, and therefore that their labor
may be involuntary. Mongolian women are usually trafficked
to China, Macau, and South Korea for commercial sexual
exploitation. In 2005, women were also trafficked to Turkey
and Israel.

The Government of Mongolia does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. The
Mongolian Government has acknowledged that trafficking is a
problem and has tried to improve its ability to address it.
In November 2005, the government adopted a National Action
Plan against trafficking and the sexual exploitation of
women and children. As priorities for the initial phase of
the action plan, the government has identified improvements
in anti-trafficking training of officials, anti-trafficking
laws, and assistance to victims. The government lacks the
resources to combat trafficking effectively on its own, but
receives some assistance from international donors and NGOs.
Government action should concentrate on adopting a strong
and comprehensive anti-trafficking law, arresting and

prosecuting traffickers, and providing victim assistance and
protection measures.

Prosecution

The Mongolian Government's law enforcement efforts against
trafficking were modest during the reporting period. The
government brought five trafficking-related cases to court
in 2005, and in four cases failed to win convictions.
However, officials and activists hope that the January 2006
conviction of a Mongolian for trafficking, the first such
provision under an anti-trafficking provision adopted in
2002, will set a precedent facilitating additional
convictions. Authorities have not developed the capacity to
compile full information on trafficking-related arrests,
prosecutions, and convictions. Mongolia's criminal code and
criminal procedure code contain provisions against
trafficking and prostitution. Traffickers may be imprisoned
for up to 15 years, organizers of prostitution may be
imprisoned for up to five years, and prostitutes may be
detained up to 30 days. The government is currently
reviewing the anti-trafficking provisions of the criminal
code in an effort to strengthen the law and make it easier
to prosecute traffickers.

Protection

The Mongolian Government did not provide protection and
direct assistance to trafficking victims during the
reporting period, largely due to resource constraints. Some
foreign and domestic NGOs provided limited support for
victims.

Prevention

The Mongolian Government recognized that trafficking is a
problem. The government conducted a modest anti-trafficking
campaign and at least one NGO did so as well. The
government has continued to work with travel industry
representatives and UNICEF to implement a voluntary code of
conduct to prevent the sexual exploitation of children in
the travel and tourism industry.

End text.

EMBASSY POINT OF CONTACT
--------------


7. (U) Political Officer Patrick J. Freeman is the
contact for trafficking issues; phone number 976-11-329-
095; fax number 976-11-320-776; e-mail to
freemanpj@state.gov. Time required to prepare the
report: 40 hours by FS-2 (not including time required
after submission of this draft); 2 hours of review by
FS-1.

SLUTZ