Gender and Land Rights Database

Mongolia

Rights entrenched in the Constitution

The Constitution, adopted in 1992 was amended in 1999 and 2001.

- Article 6 [Economy]

(1) Mongolia's economy is based on different forms of property following both universal trends of worldeconomic development and national specifics.

(2) The State recognizes all forms of both public and private property and legally protects the right to ownership.

(3) The owner's rights are restricted exclusively by due process of the law.

[…]

- Article 6 [Public Wealth, Restrictions for Foreigners]

(1) The land, its subsoil, forests, water, fauna, and flora and other natural resources are subject to national sovereignty and state protection.

(2) The land except that in citizen's private ownership, as well as the subsoil with its mineral wealth, forests, water resources, and game is the property of the State.

(3) The State may give for private ownership plots of land except pastures and areas under public and special use, only to the citizens of Mongolia. This provision does not apply to the ownership of the subsoil thereof. Citizens are prohibited to transfer the land in their possession to foreigners and stateless persons by way of selling, bartering, donating, or pledging as well as transferring to others for exploitation without permission from competent state authorities.

(4) The State has the right to hold landowners responsible regarding the manner the land is used, to exchange or take it over with compensation on the grounds of special public need, or confiscate the land if it is used in a manner adverse to the health of the population, the interests of environmental protection, or national security.

(5) The State may allow foreign nationals, legal persons, and stateless persons to lease land for a specified period of time under conditions and procedures as provided by law.

- Article 10 [Foreign Policy, Treaties]

(1) Mongolia adheres to the universally recognized norms and principles of international law and pursues a peaceful foreign policy.

(2) Mongolia fulfils in good faith its obligations under international treaties to which it is a Party.

(3) The international treaties to which Mongolia is a Party become effective as domestic legislation upon the entry into force of the laws on their ratification or accession.

(4) Mongolia may not abide by any international treaty or other instruments incompatible with its Constitution.

- Article 14 [Equality, Right to Personality]

(1) All persons lawfully residing within Mongolia are equal before the law and the courts.

(2) No person may be discriminated on the basis of ethnic origin, language, race, age, sex, social origin or status, property, occupation or post, religion, opinion, or education. Everyone is a person before the law.

- Article 16 [Citizen's Rights]

[…]

2) The right to healthy and safe environment and to be protected against environmental pollution and ecological imbalance.

3) The right to fair acquisition, possession, and inheritance of movable and immovable property. Illegal confiscation and requisitioning of the private property of citizens are prohibited. If the State and its bodies appropriate private property on the basis of exclusive public need, they may only do so with due compensation and payment.

[…]

11) Men and women enjoy equal rights in political, economic, social, and cultural fields as well as in marriage. Marriage is based on the equality and mutual consent of the spouses who have reached the age determined by law. The State protects the interests of the family, motherhood, and the child.

14) The right to appeal to the court for protection if one considers the rights or freedoms spelt out by the Mongolian law or an international treaty to have been violated; to be compensated for the damage illegally caused by others; not to testify against oneself, one's family, parents, or children; to defense; to receive legal assistance; to have evidence examined; to fair trial; to be tried in one's presence; to appeal against a court decision; to seek pardon.

Compelling to testify against oneself is prohibited. Every person is presumed innocent until proven guilty by a court by due process of law. The penalties imposed on the convicted may not be applicable to his or her family members and relatives.

[…]

Women's property and use rights in personal laws

Family Law, 1999

- Article 3.1.3: “Spouses” are husband and wife who are connected by marriage bonds and have equal rights and obligations

- Article 6.1. Mongolian male and female citizens, aged 18 and over, or a Mongolian citizen with a foreign citizen or a stateless person can marry on ground of mutual consents in Mongolia […]

- Article 6.2. A male shall have one wife and a female shall have one husband

- Article 10.1: Spouses shall exercise the same rights and obligations in family

- Article 10.2. Spouses exercise same rights in planning family, residing, choosing a position and profession freely, having separate property, owning, occupying, employing and disposing common property, and being compensated for mental and material damages caused by the wrong doer.

 

Civil Code, 2002

- Article 25.1. A legal person shall be an organised unity with concrete mission and engaged in regular activities, which is entitled to own, possess, use and dispose of its separate property, which can acquire rights and create liabilities in own name, which bears responsibility for consequences arising from own activities with its own assets, and which is capable to be defendant or plaintiff.

- Legal capacity is subject to registration with the State register

Article 26.1: Legal person shall have the rights and liabilities, arising with registering with the

State Register, and terminating upon its liquidation according to law or its deletion from the State Register.

- Article 126.1. All properties accrued for the period of life together since the marriage, except for personal property of family members, shall be common property.

- Article 126.4. Wife, husband, and other members of the family, who did not earn income since the marriage due to engagement in household works, child caring, sickness and other sound reasons, shall be entitled to ownership of family common property.

- Article 128.1: Family members shall equally exercise rights to own, use, and dispose of properties of family common ownership, as well as possess, use and dispose them on the basis of mutual agreement.

- Article 128.2: Any member of family shall obtain written permission from a family adult member and have it certified by notary to dispose an immovable property of the family common ownership.

- Article 128.3: Unless otherwise provided by law, any transaction which does not comply with provision of Item of 128.2 shall be void.

 

Law of Mongolia on Promotion of Gender Equality, 2009

- Article 14. Guarantees of equal rights in family relations

14.5. Gender based restriction of the right of a family member to participate in the determination of his or her share in the family property, to manage and dispose that share and to engage in income generating and other activities to cater for the needs of the family shall be prohibited.

 

Citizenship

  • Law of Mongolia on Citizenship, 1995

- Article 7. Mongolian Citizenship of a Child: equality of rights with regards to the transmission of citizenship to children

- Article 26. Organisations Implementing Decision on Matters Related to Mongolian

Citizenship: 2. A person who has acquired or restituted their Mongolian citizenship shall be granted a national passport of Mongolia by Governors of aimags or Capital City; or a national overseas passport by relevant Diplomatic or Consular missions. In respect to a child who has not reached the age of 16, the records on acquisition of Mongolian citizenship shall be made in his or her document.

- Article 20.1. Property relations of family shall be regulated by the Civil code

 

  • Family Law, 1999

- Article 6.6: If a Mongolian citizen marries with a Mongolian citizen, a foreign citizen or a stateless person in territory of other country, this law shall regulate the rights and obligations unless they have chosen otherwise.

Inheritance legal mechanisms

Civil code, 2002

- Article 129.1. Per member share of family common property shall be defined in the following cases:

[…] Article 129.1.4. on the opening of inheritance with the death of a family member.

- Article 129.2: Per member share of the property shall be the same for all family members including minors and disabled members.

Inheritance by law

- Articles 520.1 and 520.1.1: The following persons shall be lawful successors with equal right for inheritance: The testator’s spouses, children born from before or after the death of testator or adopted, parents or foster parents.

- Article 520.4: Household belongings, irrespective of hereditary sequence or condition, shall be passed on to the lawful successor who lived together with testator prior to his or her death.

- Article 520.5: The share of property due to spouses shall be inherited according to Items 520.1- 520.3.

- Article 520.6: Only person specified in Item 520.1.1 shall have the right to inherit due part of the property bequeathed for joint ownership.

Inheritance under testament

- Article 522: Content of testament

- Article 522.1: Citizen have the right to bequeath at own discretion all or part of own property or rights to one or several persons with or without inheritance rights or to the state.

- Article 522.3: In case a citizen bequeathed his or her property to the lawful successor, children, disabled or born after the death or adopted, disabled spouses, parents (foster parents) and other lawful successors shall receive no less than two thirds of the inheritance. In determining the total amount of the inheritance parts designed for personal and common ownership shall be included.

Land Legislation

  • Civil Code, 2002

- Article 102.1: Land, other than the one in private ownership of citizens of Mongolia, shall be in state ownership.

- Article 102.3: If landowners transfer land for others’ use, they shall instruct on its utilization. Land transferred for concrete purposes shall be prohibited to use for other purposes.

- Article 102.4: The term “landowner” in this Law shall mean the State until the procedure for private ownership of land by citizens of Mongolia is legalized.

- Article 104.1: Person, possessing ownerless property for five years continuously and transparently like own one, after finding it in a fair manner, shall acquire the right to own it.

 

- Article 3: Legal Definitions

3.1.2. "to own land" means to be in legitimate control of land with the right to dispose of this land;

3.1.3. "to possess land" means to be in legitimate control of land in accordance with purpose of its use and terms and conditions specified in respective contracts;

3.1.4. "to use land" means to undertake a legitimate and concrete activity to make use of some of the land's characteristics in accordance with contracts made with owners and possessors of land;

- Article 4: Principles Pursued by the Government in Relation to Land

4.1. The government shall follow the following principles in relation to land:

[…]

4.1.3. Fairness and equity shall be ensured with respect to ownership, possession and use of land

- This Land Law provides limited opportunities for public consultations and participation.

 

- Article 3: Any property situated in the territory of Mongolia, being property with certain   boundaries measurable by actual and abstract methods, such as land and buildings which would lose their purpose and economic value if separated from land, and plants and perennial herbs, except land which buildings owned by the state and local property for public use, shall be registered at the

Registration Office in accordance with the paragraph 3 of Article 77 of the Civil law

- Article 4: An immovable property in the ownership, possession and use of a citizen or legal person of Mongolia in the territory of a foreign country may be registered at the Registration Office.

- Article 5. The Registration Office

1. The office for registration of immovable property (hereinafter referred to as the Registration Office), which is within the framework of functions of the Minister of Justice, shall be responsible for the registration of immovable property.

 

- Article 34: Methods of privatization and its definition

1. Privatization of state owned property shall be conducted by the following methods solely or combined with others respectively: 1) Auction trade;2) Tendering (Selection of proposed projects); 3) Sale of public shares and stocks; 4) Reorganization of a business entity with the state ownership to the joint-stock entity; 5) To privatize the assets by dissolution; 6) Privatization taking account the management results; 7) To issue shares with preferential and specific rights;

[…]

- Article 35. Preparation for the privatization process

1. Before the privatization of the state owned property, there shall be taken stock and valuation of the property according to the Article 37 and 70 of this Law, then such re-valued property shall be transferred to the supervision of the trustee representative from the State Property Committee.

2. The trustee representative of the State Property Committee shall bear his duties to protect the safety of the property to be privatized, and to transfer it to a new owner upon the decision of the State Property Committee.

Any disputes including excess and losses of the property shall be submitted to the State Property Committee for consideration.

3. Any movement of the property to be privatized is prohibited during the period from the transfer to the trustee representative to next transfer to a new owner without a permission given by the trustee.

 

Law of Mongolia on Promotion of Gender Equality, 2009

- Article 9. Guarantees of equal rights in economic sphere

9.2.Management of central and local government agencies, bodies of local self-government, economic entities and organizations of all forms of ownership shall have a duty to ensure for men and women an equal access on equal terms to land and other immovable and movable property, budget allocations, financial assets, credit, other economic wealth and resources.

Policies/Institutional mechanisms enforcing or preventing women’s land rights

  • Law of Mongolia on Promotion of Gender Equality, 2009

- This law was adopted following the CEDAW Recommendation to draft a law on gender equality that includes a definition of direct and indirect discrimination in line with article 1 of the Convention, and which applies to both public and private employers, and further provides a basis for applying temporary special measures according to article 4, paragraph 1, of the Convention and general recommendation 25. (7)

- Article 15: Mandate of the State Great Hural with regard to promoting gender equality

15.1.The State Great Hural shall have the following mandate with regard to promoting gender equality:

15.1.1. ensure that state policies and legislations are defined in a gender equality and rights-based manner;

15.1.2. improve the legal framework to ensure equal rights and equal opportunities for men and women by strengthening the national legislation in compliance with the principles and norms of gender equality established by this law, other relevant laws and international treaties of Mongolia;

15.1.3. approve funds sufficient for the achievement of objectives and results on the gender equality in the economic, social, legal and other state policies adopted by this law, other relevant laws and international treaties of Mongolia;

15.1.4. discuss and issue assessments every two years on the following reports:

15.1.4.a) by the Government on the implementation and results of its gender equality promotion activities;

15.1.4.b) by the Human Rights Commission on the implementation of the gender equality legislation and resolution of gender discrimination complaints;

15.1.4.c) by the Civil Service Council on the state of gender equality in the civil service, and the progress and results of the implementation of measures to prevent gender discrimination including sexual harassment;

15.1.4.d) country report on the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women.

15.1.5. other functions as stipulated by laws.

- Article 23. Filing of complaints on the violation of gender equality

23.1.Any act of violation of provisions except Article 14 of this law shall form a basis to lodge a complaint with the National Human Rights Commission of Mongolia.

23.2.A trade union and/or nongovernmental organization shall have the right to lodge a complaint in case of perceived violation by an economic entity, organization and/or an official of gender equality, equal rights, equal opportunities and equal treatment of men and women stipulated in this law.

- Article 24. Review and resolution of complaints on gender equality violation

24.1.The National Human Rights Commission of Mongolia, within its jurisdiction stipulated by the Law on the Human Rights Commission, shall provide independent oversight of the enforcement of the gender equality related provisions of the Constitution, other laws and international treaties Mongolia is a signatory and shall receive and resolve complaints on violation of these legislation.

 

  • Land Management Office

- Includes a Land Management Division

- Some its basic functions include:

> The land-use planning for each area and support in all aspects of its implementation and monitoring;

> Advising the parliament and other government authorities on land management, on the development and implementation of draft legal acts

 

- Established by Resolution No. 25 of 2005

- Its main functions include:

> To enforce the law on gender equality and monitoring

> Develop program and policies on gender issues

> Inter-sectoral coordination

> Consider and recommend the adoption of temporary special measures to support gender equality

> Implementation of gender equality policy, economics and law

> Develop laws, regulations, policies, and programs that promote gender equality

> Awareness-raising

- In its 2008 CEDAW/C/MNG/CO/7 report, the CEDAW Committee pointed out the weaknesses of the National Committee on Gender Equality, including insufficient strength, visibility or human and financial resources to promote effectively the advancement of women and gender equality. (7)

 

  • National Programme on Gender Equality, 2002

- It’s primary goal is to improve the quality of life of men and women and diminishing the negative impacts of the society by ensuring equal participation in development and creating a favourable enabling environment for equal ownership and access to resources

- It follows 5 principles:

> Gender equality: facilitate equal participation of men and women in social and economic development and in power and decision - making.

> Incorporate gender program into policies and plans of sector development, regional development concept and macro-economic policy.

> Public consensus, participatory approach: support consensus building of gender perspectives among decision and policy makers, government and non-government organizations, private sector, mass-media, men and women themselves, and stimulate men and women’s equal participation in social development.

> Advocacy: support and encourage all initiatives towards gender equality.

> Access to information related with gender issues: strengthen transparent gender information and generation of gender disaggregated data.

- The programme started in 2003 and is currently in its 4th and final phase (2012-2015).

- Its most relevant objectives for gender equality in tenure rights include:

Objective 4: To provide equal rights and opportunities for men and women in the family for ownership of property including land, ensure equal rights to make decision on properties and to implement a gender-sensitive poverty reduction policy.

Output 4.1 Capacity to generate and analyse gender disaggregated data on ownership including housing, land, herds and other properties and inheritance and bank credits developed.

Activities:

4.1.1 Collect gender disaggregated data on ownership including housing, land, herds, other properties or inheritance, and bank credits and incorporate that information into national statistics data.

Output 4.2 Attitudinal and behavioural changes of poor families to combating and escaping poverty become evident.

Activities:

4.2.1 Set up counselling service at aimag, sum, and district levels to provide advisory services for poor families regarding the improvement of livelihoods through using their own family potentials like women and men fully and equally participating in decision-making related to family well-being.

Objective 11: Encourage equal participation and contribution of women and men in regional development and introduce measurements to assess their equal role and contribution to the development of the rural economy.

Output 11.1: Equal participation of women and men in their joint activities for protecting land, pastures and other natural resources encouraged and increased.

Objective 13: To provide equal opportunities for employment and for creating small businesses for both women and men in rural areas and to more accurately value women’s labour and economic contribution to development.

Output 13.1 Ownership, access to public resources and income distribution equally balanced between women and men and related legislation enacted to support these benefits.

Activities:

13.1.1 Enact legislation that ensures equal participation of family members in sharing property and income.

13.1.2 Explore every opportunity to introduce technology to rural areas in support of agricultural extension and domestic work, particularly for reducing women’s work load at home.

13.2.2 Create favourable environment for development of non-banking financial institutions and credit, savings cooperatives.

13.2.4 Take specific measures in order to promote rural development and strengthen rural capacity, such as loan forgiveness for university graduates who are contracted to work for a specified period of time in rural areas

 

- Created by the Law of the National Human Rights Commission of Mongolia of 2000

- Article 3.1: the Commission is an institution mandated with the promotion and protection of human rights and freedoms, provided for in the Constitution of Mongolia, Mongolian laws and international treaties to which Mongolia is a party.

 - Principles of the commission: Rule of law, independence, protection of human rights, freedoms and legitimate interests, justice and transparency are the guiding principles of the Commission.

 - Mission: To lead the accomplishment of promotion and protection of human rights and freedom for everyone’s genuine enjoyment of the human rights prescribed by law in Mongolia.

- Article 9.1: Citizens of Mongolia, either individually or in a group, shall have the right to lodge complaints to the Commission in accordance with this Law, in case of violations of human rights and freedoms, guaranteed in the Constitution of Mongolia, laws and international treaties of Mongolia, by business entities, organisations, officials or individual persons.

[…]

- Article 9.4: Non-governmental organisations and trade union organisations shall exercise equally the right provided in Art 9.1. and lodge complaints through their representatives.
- The Committee welcomes the establishment of the National Human Rights Commission of Mongolia in 2000. The Committee is, however, concerned that, according to the State party, the majority of complaints submitted to the Commission were from residents living in Ulaanbaatar, and that there were almost no complaints based on sex discrimination in the period 2005-2007, despite, as noted by the State party, the prevalence of violence against women in the country.

The Committee also regrets the lack of information provided by the State party’s delegation regarding cases initiated by the Commission concerning the rights of women, the availability of gender-specific expertise and the representation of women within the Commission. (7)

Sources: numbers in brackets (*) refer to sources displayed in the Bibliography