Human trafficking in Mongolia

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Mongolia is a source country, and to a much lesser extent, a destination for men, women, and children who are subjected to trafficking in persons, specifically forced prostitution and forced labor. Mongolian men, women, and children are found in these conditions in China, Macau, Malaysia, South Korea, and Hong Kong. Mongolian men and women have been found in conditions of forced labor in Turkey, Kazakhstan, and the Czech Republic. Visa-free travel of Mongolians to Turkey has resulted in a significant increase in the number of both labor and sex trafficking cases of Mongolian labor migrants in Turkey. There remain concerns about involuntary child labor in the Mongolian construction, mining, and industrial sectors, where children are vulnerable to injury and face severe health hazards. The problem of Mongolian women subjected to conditions of involuntary servitude after engaging in brokered marriages – mainly to South Korean men – continues. Trafficking within Mongolia often involves women and girls forced to work in saunas or massage parlors where they are subjected to forced prostitution. Anecdotal reports continue to indicate that South Korean and Japanese tourists engage in child sex tourism in Mongolia. [1]

Contents

During the year, the first ever documented case of Mongolia as a destination country involved two Filipina women who became victims of involuntary domestic servitude in the homes of wealthy Mongolian families after responding to online advertisements for work. Many victims originally sought employment through fraudulent newspaper or television advertisements, and traffickers continue to use technology like “TV Chat” to lure victims. Many victims are recruited by acquaintances, friends, and family, and victims often have their travel documents confiscated. Around 200 North Koreans are employed in Mongolia as contract laborers [2] – a decrease from 250 in 2010, [1] despite concerns that North Korean workers overseas do not appear to be free to leave their employment, have their freedom of movement and communication restricted, and receive an unknown fraction of the money paid to the North Korean government for their work. [1]

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 government sustained partnerships with NGO's on anti-trafficking prevention measures. Nevertheless, the government did not demonstrate adequate efforts to proactively identify and protect victims of trafficking, leading to few victims coming forward to assist in the prosecution of their traffickers. The government's lack of adequate guidance on the use of the country's amended anti-trafficking article of law continues to cause courts to charge trafficking offenders under a lesser offense, resulting in shorter sentences. Corruption remains a key barrier to anti-trafficking progress. [1] The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 3" in 2021. [3]

Sex trafficking

Mongolian and foreign women and girls have been victims of sex trafficking in Mongolia. [4] [5] They have been raped and physically and psychologically harmed in brothels, homes, businesses, and other locations throughout the country, notably at the China–Mongolia border. [6] [7]

Prosecution

The Mongolian government continued its efforts to enforce anti-trafficking laws during the reporting period. Mongolia prohibits all forms of human trafficking through Article 113 of Mongolia's Criminal Code, which was amended in 2007 and which prescribes penalties that are sufficiently stringent – up to 15 years' imprisonment – and commensurate with those penalties prescribed for other serious offenses, such as rape. In spite of significant legal and technical assistance from foreign donors, Mongolia's Supreme Court has interpreted the amended Article 113 in a way that has created ambiguities as to when prosecutors and judges should apply the law. This interpretation by the country's highest court, which notes that individuals who know they are being transported for sex work cannot be classified as trafficking victims under Article 113, is in violation of the 2000 UN TIP Protocol, which Mongolia has ratified. The Supreme Court's interpretation continues to confuse judicial officials, causing trafficking offenders to be prosecuted under the lesser offense of forced prostitution (Article 124). The government prosecuted 11 individuals in four trafficking cases under Article 113, and secured convictions of nine trafficking offenders, all of whom were sex trafficking offenders, compared with 11 convictions in the previous reporting period. The government has never prosecuted an offender of labor trafficking, and the Supreme Court's narrow interpretation of Article 113 serves as an impediment to the prosecution of labor trafficking cases in Mongolia. Those convicted under Article 113 received sentences of six to 15 years’ imprisonment. An additional five sex trafficking offenders were convicted under Article 124, two of whom were sentenced to one year's imprisonment; the remaining three have not yet been sentenced. In September 2009, due to the misclassification of a trafficking case that was prosecuted under Article 124 instead of Article 113, the government granted amnesty to a trafficker who was convicted of raping and forcing a girl into prostitution. As a result, the offender did not serve any time in prison. In October 2009, Mongolian courts ordered trafficking offenders to compensate five victims trafficked to Macau $3,000 each, in addition to significant imposed jail sentences; this decision is under appeal. According to Mongolian law, criminal cases are only initiated upon a victim's complaint, and victims are required to assist in the prosecution of their traffickers. This requirement, along with the lack of victim and witness protection mechanisms in Mongolia, causes many victims to refuse to report to police instances of trafficking out of fear of retribution from their traffickers, and restricts their ability to obtain restitution from courts. Corruption among law enforcement personnel remains a significant problem in Mongolia and a barrier to anti-trafficking progress, though the government has never investigated or taken disciplinary actions against law enforcement officers involved in trafficking-related corruption. In November 2009, police authorities of the border town Zamyn-Uud signed a memorandum of understanding with counterparts in the adjacent Chinese border town of Erlian covering cooperation against human trafficking. [1]

Protection

During the reporting period, the government referred 18 victims to an NGO shelter, run by the Mongolian Gender Equality Center. The NGO reported assisting these victims, and identifying and assisting an additional 61 victims not identified by the government, most of whom were referred from friends and family members of victims. The government did not demonstrate use of systematic procedures to proactively identify victims of trafficking among vulnerable groups, such as women detained for involvement in prostitution, or migrant laborers returning from abroad, and did not maintain statistics on the number of trafficking victims identified by authorities. The government did not provide specialized training to officials on victim identification. Victims were sometimes punished for unlawful acts committed as a direct result of their being trafficked, such as being prosecuted on prostitution charges. Officials did not refer trafficking victims to appropriate services. The government did not run any shelters for victims of trafficking, nor did it provide direct assistance to Mongolian trafficking victims repatriated from other countries or foreign victims of trafficking identified in Mongolia. The government provided $10,000 to the National Center Against Violence, which primarily sheltered domestic violence victims but also sometimes shelters trafficking victims. The government provided one NGO with $3,000 to counsel and assist children vulnerable to trafficking. Although the government encouraged victims to assist in the investigation and prosecution of trafficking offenders, Mongolian law continued to lack protection provisions for victims who served as prosecution witnesses, which put victims in great danger. The Mongolian government provided legal alternatives to the removal of foreign victims to countries where they may face retribution or hardship. [1]

Prevention

The Government of Mongolia continued modest trafficking prevention activities through partnerships with NGOs, international organizations, and foreign donors. Officials continued the distribution of NGO-sponsored passport and train ticket inserts on the dangers of trafficking and resources available for victims to some Mongolians traveling abroad. With NGO funding, the government cooperated on the production of public service announcements to raise public awareness about trafficking, and broadcast them on television channels. During the reporting period, Mongolia forged partnerships with Kazakhstan and the OSCE to host an international workshop on trafficking. The government did not take any measures during the reporting period to reduce the demand for commercial sex acts. Mongolian troops were briefed on the criminal nature of solicitation of prostitution, but did not receive training specific to human trafficking. [1]

Trafficking under Mongolian law

In 1996, amendments to the Criminal Code (1986) introduced the first provisions addressing trafficking-related offences in Mongolia. As a result, the first case of trafficking was successfully prosecuted, involving a Russian national trafficked two Mongolian girls, aged 18, and 19.

A revised criminal code including laws prohibiting trafficking came into effect in 2002, however articles remained vague and ill-defined. Under Article 113 (Sale and Purchase of Humans), the sale or purchase of human beings is punishable by a fine (51 to 250 times the minimum wage), obligatory labor for 300 to 500 hours, or by a prison sentence of up to 3 years.

1. Mongolia signed the Palermo Protocol in May 2008

2. In February 2008, Article 113 (Sale and Purchase of Humans) was revised; [8]

3. In March 2008, the official Legal Interpretation of Article 113 (Sale and Purchase of Humans) of the Criminal Code of Mongolia was developed from the Supreme Court of Mongolia. This led to a significant improvement in the number of cases that resulted in prosecution.

See also

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Vietnam is primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children are trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women are trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam is also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam is a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. Vietnam has an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam is increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

Albania is a source country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor, including the forced begging of children. Albanian victims are subjected to conditions of forced labor and sex trafficking within Albania and Greece, Italy, North Macedonia, Kosovo, and Western Europe. Approximately half of the victims referred for care within the country in 2009 were Albanian; these were primarily women and girls subjected to conditions of forced prostitution in hotels and private residences in Tirana, Durres, Elbasan, and Vlora. Children were primarily exploited for begging and other forms of forced labor. There is evidence that Albanian men have been subjected to conditions of forced labor in the agricultural sector of Greece and other neighboring countries.

Armenia is a source country for women subjected to trafficking in persons (TIP), specifically forced prostitution; a source and destination country for women in forced labor; and a source country for men in forced labor. Women from Armenia are subjected to sex trafficking in the United Arab Emirates and Turkey.

Austria is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

Belgium is a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. Victims originate in Eastern Europe, Africa, East Asia, as well as Brazil and India. Some victims are smuggled through Belgium to other European countries, where they are subjected to forced labor and forced prostitution. Male victims are subjected to forced labor and exploitation in restaurants, bars, sweatshops, horticulture sites, fruit farms, construction sites, and retail shops. There were reportedly seven Belgian women subjected to forced prostitution in Luxembourg in 2009. According to a 2009 ECPAT Report, the majority of girls and children subjected to forced prostitution in Belgium originate from Balkan and CIS countries, Eastern Europe, Asia and West Africa ; some young foreign boys are exploited in prostitution in major cities in the country. Local observers also report that a large portion of children trafficked in Belgium are unaccompanied, vulnerable asylum seekers and refugees. Criminal organizations from Thailand use Thai massage parlors in Belgium, which are run by Belgian managers, to sexually exploit young Thai women. These networks are involved in human smuggling and trafficking to exploit victims economically and sexually. Belgium is not only a destination country, but also a transit country for children to be transported to other European country destinations.

Bosnia and Herzegovina is primarily a source for Bosnian women and girls who are subjected to trafficking in persons, specifically forced prostitution within the country, though it is also a destination and transit country for foreign women and girls in forced prostitution in Bosnia and Western Europe. There were four identified victims from Serbia in 2009. Most trafficked women entered the country through Serbia or Montenegro. There were reports that some girls, particularly Roma, were trafficked, using forced marriage, for the purpose of involuntary domestic servitude, and that Roma boys and girls were subjected to forced begging by organized groups. There was one case involving Bosnian males recruited for labor and subjected to coercive conditions in Azerbaijan in 2009. NGO's report that traffickers frequently use intermediaries to bring clients to private apartments, motels, and gas stations where victims are held.

Paraguay is a source and transit country for women and children subjected to trafficking in persons, specifically sex trafficking, as well as a source and transit country for men, women, and children in forced labor. Most Paraguayan trafficking victims are found in Argentina, Spain, and Bolivia; fewer victims are exploited in Brazil, Chile, France, South Korea, and Japan. In one case, 44 suspected Paraguayan trafficking victims were detained at the international airport in Amsterdam, and Dutch authorities arrested the alleged trafficking offender. In another case, 13 Paraguayan women were found in conditions of forced prostitution in a brothel in La Paz, Bolivia. Paraguay was a destination country for 30 Indonesian orphans, who were allegedly brought into the country for a long-term soccer camp, but who the government suspects are trafficking victims.

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed Poland in "Tier 1" in 2017. Below is the full copy of a webpage section relating to Poland in a report published by the Bureau of Public Affairs of the United States Department of State, entitled "Country Narratives: Countries N Through Z: Trafficking in Persons Report 2010", which is in the public domain.

Poland is a source and destination country for men and women subjected to trafficking in persons, specifically conditions of forced labor and for women and children in forced prostitution. Men and women from Poland are subjected to conditions of forced labor in Italy and Sweden. Women and children from Poland are trafficked for forced prostitution within Poland and also in Belgium, Germany, Italy, the Netherlands, Spain, Portugal and Sweden. Women and children from Moldova, Ukraine, Bulgaria, Romania, Belarus, and Russia are trafficked to Poland for forced prostitution. Men and women from Bangladesh, China, and the Philippines are found in conditions of forced labor in Poland. Men and women from Thailand, Nigeria, Iraq, Ukraine, Belarus, Romania, Bulgaria, Moldova, Mongolia, Vietnam, Turkey, Djibouti, and Uganda are found in conditions of forced labor, including forced begging and debt bondage, and also forced prostitution in Poland.

Portugal is a destination and transit country for women, men, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Trafficking victims in Portugal are from Brazil, Colombia, Dominican Republic, Venezuela, Romania, Bulgaria, Ukraine, Moldova, Poland and some African countries. Children from Eastern Europe, including Romani, are subjected to forced begging, sometimes by their families.

Hungary is a source, transit, and destination country for women and girls subjected to trafficking in persons, specifically forced prostitution, and a source country for men and women in conditions of forced labor. Women from Hungary are forced into prostitution in Canada, the Netherlands, Switzerland, the United Kingdom, Denmark, Germany, Austria, Italy, Spain, Portugal, Ireland, Greece, and the United States. Women from eastern Hungary are subjected to forced prostitution in Budapest and areas in Hungary along the Austrian border. Roma women and girls who grow up in Hungarian orphanages are highly vulnerable to internal forced prostitution. Men from Western Europe travel to Budapest for the purpose of adult sex tourism, some of which may involve the exploitation of trafficking victims. Men and women are subjected to conditions of forced labor within Hungary. Women from Romania and Ukraine are transported through Hungary to the Netherlands, the United Kingdom, Denmark, Germany, Austria, Italy, Switzerland, France, and the United Arab Emirates where they are subsequently subjected to forced prostitution; some of these victims may be exploited in Hungary before they reach their final destination country.

<span class="mw-page-title-main">Human trafficking in Ghana</span>

Ghana is a country of origin, transit, and destination for women and children subjected to trafficking in persons, specifically forced labor and forced prostitution. The nonconsensual exploitation of Ghanaian citizens, particularly children, is more common than the trafficking of foreign migrants. The movement of internally trafficked children is either from rural to urban areas, or from one rural area to another, as from farming to fishing communities.

Guinea is a source, transit, and to a lesser extent, a destination country for men, women, and children subjected to trafficking in persons, specifically in the areas of forced labor and forced prostitution. The majority of victims are children, and these incidents of trafficking are more prevalent among Guinean citizens than among foreign migrants living in Guinea. Within the country, girls are largely subjected to involuntary domestic servitude and commercial sexual exploitation, while boys are subjected to forced begging and forced labor as street vendors, shoe shiners, and laborers in gold and diamond mines. Some Guinean men are also subjected to forced agricultural labor within Guinea. Smaller numbers of girls from Mali, Sierra Leone, Nigeria, Ghana, Liberia, Senegal, Burkina Faso, and Guinea-Bissau migrate to Guinea, where they are subjected to involuntary domestic servitude and likely also commercial sexual exploitation. Some Guinean boys and girls are subjected to forced labor in gold mining operations in Senegal, Mali, and possibly other African countries. Guinean women and girls are subjected to involuntary domestic servitude and forced prostitution in Nigeria, Côte d'Ivoire, Benin, Senegal, Greece, and Spain. Chinese women are trafficked to Guinea for commercial sexual exploitation by Chinese traffickers. Networks also traffic women from Nigeria, India, and Greece through Guinea to the Maghreb and onward to Europe, notably Italy, Ukraine, Switzerland, and France for forced prostitution and involuntary domestic servitude.

North Macedonia is a source, transit, and destination country for women and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Macedonian women and children are trafficked internally within the country. Women and girls from Albania, Bulgaria and Kosovo were reportedly subjected to forced prostitution or forced labor in Macedonia in 2009. Macedonian victims and victims transiting through Macedonia are subjected to forced prostitution or forced labor in South Central and Western Europe. Children, primarily ethnic Roma, are subjected to forced begging by their parents or other relatives. Girls were subjected to conditions of forced labor in Macedonian bars and nightclubs. A small number of Macedonian men were allegedly subjected to forced labor in Azerbaijan. Traffickers continued to operate in more hidden, private sectors in an attempt to conceal their exploitation of victims from law enforcement.

Bulgaria is a source and, to a lesser extent, a transit and destination country for women and children who are subjected to trafficking in persons, specifically forced prostitution and men, women, and children subjected to conditions of forced labor. Bulgarian women and children are subjected to forced prostitution within the country, particularly in resort areas and border towns, as well as in the Netherlands, Belgium, France, Austria, Germany, the Czech Republic, Finland, Portugal, Greece, Italy, Spain, Poland, Switzerland, Turkey, Cyprus, and North Macedonia. Bulgaria women and children of Roma descent are the most vulnerable to trafficking, especially as it relates to sex trafficking and early childhood marriage. Bulgarian men, women, and children are subjected to conditions of forced labor in Greece, Italy, Spain, and the United Kingdom. Some Bulgarian children are forced into street begging and petty theft within Bulgaria and also in Greece and the United Kingdom.

Croatia is a destination, source, and transit country for men, women, and children subjected to trafficking in persons, specifically conditions of forced prostitution and forced labor. Croatian women and girls fall victim to sex trafficking within the country, and women and girls from Serbia, Bosnia and Herzegovina, and other parts of Europe are subjected to forced prostitution in Croatia and in Europe. Men reportedly are subjected to forced labor in agricultural sectors, and children, including Roma, are subjected to conditions of forced begging and theft. In 2017, Taiwan women and men, as well as Croatian and Bosnian women, were subjected to forced labor and forced criminality in an illegal call center.

<span class="mw-page-title-main">Human trafficking in the Czech Republic</span>

The Czech Republic is a source, transit, and destination country for people subjected to human trafficking, both women in forced prostitution, and men and women working in forced labor. Women from the Czech Republic, Slovakia, Ukraine, Russia, Romania, Bulgaria, Vietnam, Mongolia, and Brazil are subjected to forced prostitution in the Czech Republic and also travel through the Czech Republic en route to forced prostitution in other European countries, including Austria, Germany, Switzerland, and Serbia. Many Roma women from the Czech Republic are subjected to forced prostitution domestically as well as abroad. Men and women from Russia, Ukraine, Kyrgyzstan, Uzbekistan, Romania, Vietnam, Mongolia, Thailand, and Belarus are subjected to forced labour in the construction, forestry, agricultural, and service sectors and are exploited within and transited through the Czech Republic to other countries in the European Union. Czech citizens are also subjected to forced labour in the United Kingdom.

El Salvador is a source, transit, and destination country for women and children who are subjected to trafficking in persons, specifically forced prostitution and forced labor. Most victims are Salvadoran women and girls from rural areas who are forced into commercial sexual exploitation in urban areas, though some adults and children are subjected to forced labor as agricultural workers and domestic workers. The majority of foreign victims are women and children from neighboring countries, such as Honduras, Nicaragua, and the Dominican Republic, who migrate to El Salvador in response to job offers, but are subsequently forced into prostitution or domestic servitude. Trafficking offenders use fraudulent documentation to facilitate the movement of foreign victims. Salvadorans have been subjected to forced prostitution in Guatemala, Mexico, Belize, the United States, Spain, and Italy.

Women, and children from Eastern Europe, West Africa, and Asia, as well as the Caribbean and Brazil, subjected to trafficking in persons, forced prostitution and forced labor. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. Women and children, many from Africa, continued to be subjected to forced domestic servitude. Often their “employers” are diplomats who enjoy diplomatic immunity from prosecution, including those from Saudi Arabia. Reportedly men from North Africa are subjected to forced labor in the agricultural and construction sectors in southern France. The Government of France estimates that the majority of the 18,000 women in France's commercial sex trade are likely forced into prostitution. It also estimates a significant number of children in France are victims of forced prostitution, primarily from Romania, West Africa, and North Africa. Romani and other unaccompanied minors in France continued to be vulnerable to forced begging. There were reportedly six French women subjected to forced prostitution in Luxembourg in 2009.

References

  1. 1 2 3 4 5 6 7 "Trafficking in Persons Report 2010 Country Narratives -- Countries G Through M". US Department of State. 2010-06-18. Archived from the original on 2010-06-18. Retrieved 2023-02-16.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  2. ↑ Jang, Seulkee (2021-05-06). "North Korea to send more workers to Mongolia this month". Daily NK. Retrieved 2022-05-04.
  3. ↑ "2021 Trafficking in Persons Report". United States Department of State. Retrieved 2022-05-04.
  4. ↑ "Kidnapping Mongolian Women". Mongolia-Web. May 5, 2010. Archived from the original on January 27, 2021. Retrieved April 29, 2020.
  5. ↑ "Mongolia-U.S. sign formal child protection compact partnership". Montsame. April 2, 2020.
  6. ↑ "Mongolia's prostitution zones, where women trade sex for fuel in sub-zero temperatures". The Telegraph. February 19, 2019.
  7. ↑ "Stolen from Mongolia for sex". PRI. July 22, 2009.
  8. ↑ http://stoptrafficking.mn/eng/index.php?option=com_content&view=section&layout=blog&id=15&Itemid=121 [ verification needed ]
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