The ethnic majority are Mongols with Kazakhs forming the minority, mostly in the west of the country. Buddhism is viewed as the chief or traditional religion by majority of the population and atheists as well as other congregations also exist.
The State Great Khural (Parliament) is the highest organ of State power. The President and the State Great Khural are elected to four-year terms. Municipal elections are also held once in four years. The political party, which gains majority of legislative seats, forms the Cabinet. Except for the 1990 election, any subsequent elections of the Parliament, President and local Khurals have been held separately.
The 1992 Constitution of Mongolia guaranteed through many of its provisions all the major political rights. The Liberty Centre which monitors and documents human rights abuses focuses its actions on political rights. It is estimated that our Centre’s regular alert news distributed to the public as well as to foreign and international organizations and individuals devote approximately 68 percent of the total coverage to the problems of political rights. Over 50 percent of incoming complaints and allegations by citizens (whether in person or in writing) received by the Centre involve political rights. Based on our processing and observations of these data, we tried below to identify the most common characteristics of implementation of each of the constitutionally guaranteed political rights.

“All persons … are equal before the law and the Court”
The legislative provision of equality of all persons before the law and the Court in general does enjoy public awareness and understanding in Mongolia. Certain flaws, however, exist. Disappearance of criminal case records related to high level officials or management of wealthy and powerful companies, allegations of favoritism in hearing both criminal and civil disputes emerge on a rather regular basis. Especially strong are allegations of corruption, favoritism and mistreatment of parties to a case in local (rural) law enforcement institutions and, thus, of inequality before the law and the Court. Small population, little, if any, access to both print and broadcast media, remote and scattered location seem to lay the favourable environment for abuses in rural regions of Mongolia.
Even though equality before the Court in principle is respected in Mongolia, the courts’ mentality and attitudes still display old, prosecution-oriented ways. For instance, in some courtrooms the prosecution’s seat is more elevated than the seat of the defense. State prosecutors’ distinct uniform also might push presiding judge’s mentality to unequal treatment of the parties.

“No person shall be discriminated against on the basis of … opinion…”
Opinion-based discrimination used to exist to appallingly disproportionate extents before 1990. However, as a result of hard-won successes of political parties, public, media and the State this discrimination largely subsided at one point. But with the near-absolute dominance of the Mongolian People’s Revolutionary Party of all levels of the government these days as a result of the 2000 parliamentary and municipal elections and the 2001 presidential election, discrimination on the basis of opinion, especially on the basis of the political opinion, seems to penetrate back our society in some mostly hidden forms. For instance, in the aftermath of the elections all levels of the government employees - from political positions to teachers and doctors to mere guardians - started witnessing an aggressive employment policy based on the political allegiances. The Liberty Centre has received a great deal of complaints by non-political employees who have been dismissed from the jobs on the basis of their opinions. It is understood that these illegal removals cannot stand unless other, ostensibly valid reasons (i.e., pretexts) are referred to as the basis of the removal. For example, transfer to another position, rotation, restructuring or other grounds not even existing under the laws are popular pretexts used. In other words, the opinion-based discrimination in Mongolia has become a common but undercover abuse.

“No person shall be discriminated against on the basis of … social origin and status”
The social status-based discrimination in Mongolia since 1990 has not reached so high levels as to spur public resistance. Prior to 1990, however, university graduates or election candidates coming from a working class or a herding family were much prioritized or preferred, i.e., the social discrimination was common. Currently, occupation, social origin or status, or wealth-based discrimination is largely gone.
But lately the large migration from rural to urban areas creates new organizational and economic problems that still wait resolution. Unfortunately, the State seems incapable of solving these problems without infringing the human rights. Therefore, those who come to settle in centralized, mostly urban areas find themselves having suffer to such abuses as inability to vote or refusal of employment. Thus, it should be well taken into account by us all that the social origin and status might be back as grounds for discrimination against certain members of the society.
“Right to take part in the conduct of State affairs directly or through representative bodies”
Since the first ever free, democratic and multiparty election in 1990 Mongolian voters have taken part in the conduct of state affairs on numerous occasions of parliamentary, presidential and municipal elections. This right to elect is in general respected and enjoyed. Still, some problems subsist. Controversies surrounding the 2000 municipal elections of the lowest level of the administration – bag governor – linger on until today. The higher-level governor has not so far ratified some lower-level candidates who have been voted in the governorship by the local electorate. These voters now have to hold now new election to choose a candidate who will need to suit the opinions of the higher-level officials. An electorate who decided to stick to their original choices have now no governor of their own so far. For instance, for the past year and a half a khoroo in Ulaanbaatar has been without a governor elected, but is being run by a temporary appointee by the higher-level governor.
“The right to elect and to be elected to State bodies”
The right to elect and to be elected can be characterized as one of the rights enjoyed best. Before 1990, the elections followed predetermined scenarios with roles and parts already assigned. Presently, election candidates have become numerous and the elections have turned rather competitive.
No abuses of the right to be elected have been registered. However, each election raises controversies over the right to elect. For instance, complaints that a voter was not given the voter’s ID, or is not included in the voters’ registry (list) are the most frequent. These violations are usually common in rural areas and in many circumstances are a result of intentional efforts to block participation of some voters in the vote casting. Especially loudly heard were protests against manipulations to prevent vote casting by Democratic Party members in the 2000 parliamentary and the 2001 presidential elections. Also, rural visitors and students studying in Ulaanbaatar complain about the lack of the voter’s ID, which prevents them from participating in an election.
Another form of the violation of the right to elect occurs with the so-called touring vote-booths designed to garner the votes of the old and handicapped voters. In so touring members or supporters of one political party are not visited on purpose. It is even alleged that the voters so left out count for significant percentage of the electorate, which, in fact, might have swung the election results the other way.
It should be noted that the above violations cane be observed commonly in districts with the election committee members serving on the committee for many years now.
“Right to form a party or other public organisations and to unite voluntarily in associations according to social and personal interests and opinion”
Right to form a party or other public organisations and to unite voluntarily in associations according to social and personal interests and opinion is exercised freely. Eighteen political parties are registered with the Supreme Court of Mongolia and … non-governmental organisations are registered with the Ministry of Justice and Home Affairs of Mongolia. Few complaints over this right have been received. However, the fact that rural NGOs have to get themselves centrally registered with the Ministry in Ulaanbaatar is a weakness, according to some criticisms.

“Discrimination and persecution of a person for joining a political party or other public organisation or for being a member of such party or organisation shall be prohibited”
This right has been violated in one or the other way ever since the multiparty system has been introduced in 1990. Members, supporters and just enthusiasts of the Mongolian Democratic Union established in 1990 had to face widespread discrimination against them such as employment termination or refusal. On the other hand, these people never resorted to legal actions keeping the public interests above the personal interests. Even if they had initiated legal actions, there would have been no guarantee of judicial independence and fairness in administering their allegations. Even today there come circumstances, which force members and activists of the Mongolian Democratic Union to keep their political affiliations secret.
In 1996 Mongolia for the first time in its history witnessed transfer of the power from one political force to another. Between 1996-2000, the state power and posts were more or less equally distributed between the ruling “Mongolian Democratic Union” coalition parties, on one hand, and the Mongolian People’s Revolutionary Party (MPRP), on the other hand. Although the Cabinet consisted of the democratic parties’ representatives, members of the opposition MPRP held many important posts as well. Especially, at local levels most of the leadership were MPRP members. Even so, the opposition MPRP accused the then ruling parties of discretionary dismissals of the MPRP-affiliated public servicemen.
After the landslide victory of the MPRP in the 2000 parliamentary election which saw the MPRP sweep 72 out of 76 seats in the State Great Khural as well as the victory of the MPRP presidential candidate in the presidential election the year next and the 99 percent of votes won by the MPRP in the municipal election in 2000 the politically motivated employment dismissal campaign turned rampant and chronic reaching and affecting all levels and spheres of the public service. It is no secret that members of other political parties working in government organizations are now forced to hide their political affiliations or even to join the MPRP to “secure” their jobs. This trend has exceeded any limits in the rural areas becoming a transparent and epidemic practice. For example, the Governor of Khentii aimag specifically indicated, in his rejection letter of the candidate for governorship of Kherlen soum, that “… (the Governor) must be a member of the MPRP…”. Similar incident was reported in Gobi-Altai aimag and the rejection was reportedly based on the instruction of the Governing Board of the MPRP.
“Men and women shall have equal right in political … field(s)”
No violations of gender discrimination in running for political posts and activities were reported. However, in practice, per capita participation of women in the politics stays at miserable levels. Women who make up 52 percent of the total population of the country own just 12 percent of the legislative seats. This low rate can be observed in the composition of the local Khurals as well.
Political parties, however, start to become more proactive in involving women in the politics. The latest example is the inclusion of 38 women (compared to previous 7) by the Mongolian Democratic Party in the party’s 190-member chief body. The ruling MPRP’s 11-member Governing Council has one woman member and the opposition Civic Courage – Republican Party is chaired by a woman. This positive trend is expected to continue and expand. Opinion survey by an NGO among voters revealed that over 50 percent of the respondents support more active involvement of the women in the politics.

“Right to submit a petition or a complaint to State bodies and officials”
No violations of the right to submit a petition or a complaint to State bodies and officials were reported to us. However, long delays in considering and replying to a petition submitted as well as inadequate considerations and responses by the State have been complained about, even though the process of administrative appealing and reviewing is thoroughly put in the laws.
“Freedom of thought, free expression of opinion, speech …”
Freedom of thought and speech and free expression of opinion are arguably the most important rights gained and enjoyed by Mongolians in post-1990 era. Its proclamation in the 1992 Constitution capped other political rights. These days Mongolian citizens enjoy such political rights as freedom of thought and speech and free expression of opinion, right to peaceful demonstration and meetings. Especially, in 1996-2000 the pluralism of opinions enjoyed its maximum. National Radio and TV programmes, live broadcasts of the parliamentary debates could illustrate this statement. In 2000, however, several serious violations of this right have been reported all of which have been reported to and disseminated by the Liberty Centre online to the Internet community. For instance,
1. Although four parliamentary sessions have taken place since the last parliamentary election in the summer of 2000, no opposition party with a legislative seat has been given an opportunity to speak during any opening session, all three opposition parties criticized.
2. Right after the landslide victory in the parliamentary election the ruling MPRP cut short time on the national TV - the only nationwide TV - allocated free of charge to the political parties by the previous government to make their voices heard. Under the criticism, the MPRP had to give in somewhat in October 2000 and re-allocated some time back.
3. A student was excluded from her university for having expressed her opinion on the election campaign during the presidential election in 2001.
4. Election campaign TV programmes by the Democratic Party were censored.
5. A group of volunteers reportedly compiled a database of the voters who criticized the presidential candidate with the purpose of transferring them over to the law enforcement.

Also the leadership of the Ministry of Justice and Home Affairs was reported in 2001as having issued a written official warning to its subordinates and staff not to speak out political views and preferences. Most of this kind of actions aimed at restricting freedom of speech and opinion, though, exist informally and orally and tend to increase in the recent years.

“Freedom of … press, peaceful demonstration and meetings”
Right to peaceful demonstration and meetings is being effectively exercised in Mongolia. Back at the start of the democratic revolution in 1989-1990 40,000 to 120,000-participant meetings and rallies were held upon the initiative of the Mongolian Democratic Union and newly formed political parties. In 1992-1996 both the opposition forces and the ruling MPRP organized rallies and meetings to promote and advocate their causes. From 1996 to 2000 the opposition party and an NGO organized a lengthy protest action, which involved few. Since the change in power in 2000, the opposition organized three meetings and demonstrations.
None of the meetings and demonstrations for the past 12 years has been dispersed with force; however, there was an incident of a demonstrator attacking with a knife a policeman.
Although freedom to press exists formally and is enjoyed to certain extent, the press is not yet fully independent and strong in practice. In August 2000 the Mongolian Radio and TV Agency was brought under the direct supervision of the Prime Minister’s office. This direct supervision of the national radio and TV, including its political news unit, by the State makes it virtually impossible to disseminate accurate and objective news, but politically motivated and imposed coverage to viewers. The freshest example is the reporting of the public meeting organized by the Mongolian Democratic Party on April 15, 2002 on the Freedom Square. The national TV news reported the event as attended by 300 participants, some newspapers reported the attendance as 500. However, independent sources confirm that the meeting was visited by at least 6000 participants. Other sources go on to claim that the turnout reached 9000 or 10,000.

Among the complaints received at the Liberty Centre journalists were reportedly pressured, threatened, criminally prosecuted for their publications. Older journalists complain that their pre-1990 writings, which at that time were censored and not published, would not be printed at this time due to loss of significance.
Although, according to the Law on Freedom of Media, the State is not to oversee the content and policies of media publications, protests against violations of this Law are widespread. In September 2000, the Ministry of Justice and Home Affairs launched an inspection campaign of a large number of print media one of the goals of which was examination of the content of the publications. The journalists’ organizations strongly protested the action.

One of the elements of the media independence is its registration system. In Mongolia, the Ministry of Justice and Home Affairs is vested with the authority to register and refuse to register media outlets, which basically opens the door to the State to influence the media sector. The journalists’ organizations argue for registration with tax authorities just like any other profit entity. But this and other reforms (e.g., turning the national Radio and TV public and non-governmental) are yet to catch the government’s attention. Until then, the State-sponsored censorship is likely to exist and continue.
“Right to seek and receive information except that which the State and its bodies are legally bound to protect as secret”
Although the right to seek and receive information is open, journalist complain that the right is practically not realized in reality. In October 2000, the parliamentary reporters were forced to move out of the parliamentary session chamber into a special separate hall, severely limiting journalists’ reporting of the parliamentary debates and procedures. Only when faced with strong and harsh outcry by journalists’ community, the restriction was cancelled. However, the number of the eligible journalists to report on the parliamentary business was lowered by the parliament’s press office in 2000.
In general, the Parliament and the Constitutional Court are regarded as the most open institutions whereas the Cabinet meetings, court hearings and ministerial meetings are complained as mostly inaccessible.
Although there have been received no complaints of hiding certain information by government institutions, there existed grievances that parties to legal cases cannot thoroughly access the case records.
“Right to personal liberty and safety”
Politicians just like others have the right to personal liberty and safety.
Neither definite reasons nor conclusions have been determined by the courts about the brutal killing of the former member of the Parliament S.Zorig. It is a common public perception that the assassination was purely politically motivated. This perception was then successfully by the currently ruling party taken advantage of in the 2000 election campaign. The family of late S.Zorig officially approached Inter-Parliamentary Committee with the complaint about the progress of the investigation. The Committee’s Human Rights Commission explored the situation for two years and sent its team of representatives to conduct the research on the spot. The research resulted in recommendations of the Committee to the Government of Mongolia.

Former members of the Parliament D.Battulga, D.Enkhbaatar and S.Batchuluun were prosecuted and convicted on corruption charges because of their legislative initiative and the posts they held in the bidding commission. The three members filed an official appeal, through the Liberty Centre, to the human rights commission of the Inter-Parliamentary Committee arguing that the case was fabricated and politically charged. The Committee is now investigating the case.

Former member of the Parliament E.Bat-Uul was all of a sudden detained without any clearly expressed reasons in August 2000. E.Bat-Uul himself stated that the arrest was a politically organized action. Soon afterwards, he was released by the law enforcement, which acknowledged weakness of the sufficient grounds for the detention.
The arrest of the above four MPs was in one or the other way connected to the Zorig’s assassination. This may prepare public psychologically for subsequent high-profile arrests of politicians. All of the above four were close friends and colleagues of late S.Zorig.

“Political asylum”
The Liberty Centre receives increasingly growing reports of Mongolian citizens seeking political asylum abroad. We do not know yet how many of these applications are truly politically justified. On the other hand, there were occasions of foreigners interested in seeking political asylum in Mongolia and who approached the Liberty Centre with the request to procure asylum related information and legislation.

Thank you.