A View on the Mongolian Trafficking Situation
My first work in Mongolia, was with an NGO that works with young children from the ger district abandoned by their parents (New Choice Children’s Charity). I was able to see firsthand, how poverty shaped their lives. Many of the children (living a residential facility called an orphanage) were especially small for their age, and had problems in education, requiring extra assistance. Though every effort was made to merge the children into mainstream education, the orphanages also taught them vocational skills, to further increase their options. Further researching the reports by UNICEF, it became clear that these children would have a more difficult time finding mainstream employment, as well as other children from ger districts. The reports considered such children to be at risk for trafficking.
To learn more about the subject (though already familiar with it from my previous advocacy and activist work in Cambodia and the US), I approached a few organizations in Mongolia working on trafficking issues. I was able to have an informational interview with John Flynn and Batzaya Jamsrandorj of the Human Security Policy Studies Center (HSPSC). They provided me with research reports and their own perspective within the landscape of migration and trafficking, however, they do not claim to be the ultimate authority, steering me to the information of other organizations working nationally and internationally. This is not meant to be a comprehensive report, as much I would like to provide that.
Defining trafficking in Mongolia
According to the UN Office of Drugs and Crime Toolkit to Combat Trafficking in Persons, trafficking in persons is defined as:
“ … the recruitment, transportation, transfer, harbouring or receipt of persons, by means of a threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” --(Article 3 (a) of the Trafficking in Persons Protocol).
Explaining this in laymen’s terms, a trafficked person is exploited for their labor. Prostitution, though it involves payment for sexual services, is differentiated from trafficking because it involves the consent of the person. However, prostitution can also lead to trafficking as consent can be taken in away such situations. Another yardstick involves the breakdown of payment for labor. Payment might involve food and clothing but little income, which limits the ability of the person to leave their situation. Children are not able to give their consent, so any work done by children falls into the grey area of exploitation, though allowances are made for family work.
Trafficking can happen domestically and internationally. Internationally, this means that if a person is transported abroad, that once abroad, their movements will be restricted from by having their passports and other identification confiscated and will likely be further restricted in access to money and clothing. The Mongolian Gender Equality Center (MGEC) operates the confidential national trafficking hotline, which can also be accessed abroad by Mongolian nationals. The hotline has a check list used to determine if a person has been trafficked and offers aid.
Direction of Trafficking
Trafficking is categorized by type. The US Department of State works internationally with countries setting up guidelines on trafficking policy and publishes an annual report: The Trafficking in Persons Report, which ranks countries according to their Government’s efforts to prevent and combat human trafficking. According this report, Mongolia is considered to be predominantly a “source” country, which means that people are trafficked from the country to other countries. Most of this activity, according to reports from MGEC and Human Security Policy Studies Center (HSPSC), centers around sexual services (brothels and karaoke bars). The victim might be free to move about, but will likely have their passport held and will owe a debt for transport, food and housing. The cases might start off as consenting prostitution but can turn into non-consent when these are factored in. Most of this occurs in China, Macau, and Hong Kong, but also Japan, Malaysia, Singapore and European countries. Within the “source” category are also fraudulent marriages, which mainly happen in South Korea. Marriages are brokered with the use of an agent, and in the case of trafficking, the applicants are deceived as to the age, income, living situation of their prospective partner. There have been numerous cases of women having their passports confiscated, and being subjected to domestic violence, servitude and sexual exploitation by the spouse (ie: giving the women over for sexual use by relatives). Research by HSPSC analyzed data and evidence from the State General Registration Authority and the Immigration Authority; interviewed those who became victims of human trafficking through services of marriage brokerage companies. From this research, it is reported that in 2007 about 970 marriages were brokered to S. Korea, of which 927 involved women. With the common occurrence of deceptive practices, this is an area for concern. It is also reported that labor exploitation occurs in Kazakhstan, Turkey and European countries.
US Department of State also places Mongolia within the “destination” category, meaning that people migrate into the country to work. US Department of State reports this happens to North Koreans and is predominantly labor exploitation. There is some mention in the reports from different NGO’s that Chinese working in Mongolia are working under exploitative conditions but there does not seem to be statistical data to corroborate this, just anecdotal reports. Yet, it is still a concern because of the nature of trafficking, statistics can be hard to come by.
Internal trafficking is reported by the US Department of State to occur in children who are trafficked for sexual exploitation. Research found that children were used by adults to generate income, through organized begging and stealing. UNICEF reported that abandoned children in their teens, were at high risk for using prostitution for survival. HSPSC reported that many adult prostitutes previously sold sex as teens to make money, due to poverty and a lack of stable homes. While prostitution is different from trafficking (by the nature of consent), consent cannot legally be given from a child. The definitions become even more complex when the child transitions legally to adulthood. Many organizations working on trafficking issues, acknowledge that this is grey area of consent (particularly in the US). Therefore, this is another reason that anti-trafficking organizations work with consenting adult sex workers, distributing education to prevent trafficking.
Most in-country Mongolian sex workers operate in karaoke bars, hotel and night clubs. I asked several foreign men who discussed being approached by sex workers what the rates were. They reported being offered a range from $50-$100 for sexual services (which is likely a high amount because foreign men are considered to be wealthy). This can equal a month’s salary for those living at the margins. There are several organizations in Ulaanbaatar that work with consenting sex workers, helping to guarantee their safety. One organization in Darkan partnered with HSPSC on a trafficking prevention project, as many sex workers travel to China to work in brothels. The concern is that even consenting sex workers can have their freedom of movement and financial control taken away from them. For example, many sex workers are actually students paying of school fees with part-time work. If a young women travels to China and works with an agent, it is possible the agent might take the majority of her fees and confiscate her passport. Organizations working on
trafficking in Mongolia
There are several organizations in Mongolia working on the issue of trafficking. Through my research and networking, I have come across a few main ones. Each handles a different function, though there is some crossover and partnering. This list is not meant to be comprehensive (nor does space allow), but rather to give an idea of the types of organizations working on this issue. I mention them in an effort to show the diverse amount of work being done in this area.
The Mongolian Gender Equality Center (MGEC—can be accessed through stoptrafficking.mn/eng) is involved in confidential direct assistance to victims of trafficking transitioning to survivor status through psychological rehabilitation, legal aid, and vocational training to new livelihoods. MGEC works with Mongolians who have been trafficked abroad and repatriates them back to Mongolia, and they also work with internal trafficking victims. They operate two shelters—one in Zamiin-Uud (Mongolian border town and counterpart to China’s Erlian which operates large brothels) and another in Ulaanbaatar, providing a shelter for survivors while they are receiving direct assistance. Domestic violence shelters also work with trafficking victims coming from domestic violence situations. Statistically, it has been shown that alcohol use coupled with domestic violence is responsible for driving young women and children from their homes into unstable living situations where they are struggling to survive and are at high risk of being trafficked according to reports by HSPSC and UNICEF.
The Asia Foundation (TAF) is an international NGO which has worked in conjunction with MGEC, providing funding, building capacity and raising awareness through public service announcements (PSAs) in broadcast media and print media campaigns. This NGO funds the national (confidential) trafficking hotline (1903), which MGEC staffs. The Center for Human Rights and Development (CHRD) handles legal issues, providing lawyers who work on individual cases and who also work on legislation. Additionally, there is the Human Rights Center for Citizens, Adolescents’ Development Center, Center for Women and Child Protection and ECPAT Mongolia.
The Swiss Agency for Development and Cooperation supported Mongolia’s first comprehensive and holistic approach to the trafficking problem including legal reform; prevention and awareness-raising; protection and assistance; and law enforcement capacity building. The Human Security Policy Studies Center (HSPSC) has been the local implementation organization for the project. To this end, HSPSC initiated the legislation, with the support of several organizations, called the “Stand Alone Law on Combating Trafficking in Persons.” The law is in the current Parliamentary session and has been finalized. Additional institutionalized trafficking prevention measures have been introduced within the Ministry of Education, the Ministry Culture and Science, and the State Investigation Department (to name a few). Yet, like TAF, they also work on prevention, creating PSAs through media and writing articles for the media. They monitor public perceptions of trafficking through survey data. Finally, HSPSC has worked closely with MGEC in establishing a full service protection and assistance system for victims of trafficking, setting up Mongolia’s first permanent shelter homes dedicated for victims of trafficking.
Changes Ahead
The expected passage of the Stand Alone Law will allow the government to allot funds for preventing and combating human trafficking. However, a group of activists working against trafficking are looking into ways to invite partnerships with the private sector (mining companies and banks) to improve their corporate and social responsibility (CSR) measures within Mongolia. Mining companies tend to be regarded with distrust by the Mongolian public in general, and there are some perceptions that certain groups are being left out of the economic opportunities mining companies are bringing into the country. CSR helps the private sector to invest in local communities in specific ways. Historically, the mining industry has shown to correlate with human trafficking which tends to situate itself near the mining trade. There have also been cases of underage workers in the mining industry. As the recruitment of vulnerable women and children from ger districts has been shown to correlate with internal trafficking, private sector involvement offers opportunities to raise awareness, institute changes, and to invest further avenues for funding to rehabilitate trafficking survivors into mainstream society.
To learn more about the subject (though already familiar with it from my previous advocacy and activist work in Cambodia and the US), I approached a few organizations in Mongolia working on trafficking issues. I was able to have an informational interview with John Flynn and Batzaya Jamsrandorj of the Human Security Policy Studies Center (HSPSC). They provided me with research reports and their own perspective within the landscape of migration and trafficking, however, they do not claim to be the ultimate authority, steering me to the information of other organizations working nationally and internationally. This is not meant to be a comprehensive report, as much I would like to provide that.
Defining trafficking in Mongolia
According to the UN Office of Drugs and Crime Toolkit to Combat Trafficking in Persons, trafficking in persons is defined as:
“ … the recruitment, transportation, transfer, harbouring or receipt of persons, by means of a threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs” --(Article 3 (a) of the Trafficking in Persons Protocol).
Explaining this in laymen’s terms, a trafficked person is exploited for their labor. Prostitution, though it involves payment for sexual services, is differentiated from trafficking because it involves the consent of the person. However, prostitution can also lead to trafficking as consent can be taken in away such situations. Another yardstick involves the breakdown of payment for labor. Payment might involve food and clothing but little income, which limits the ability of the person to leave their situation. Children are not able to give their consent, so any work done by children falls into the grey area of exploitation, though allowances are made for family work.
Trafficking can happen domestically and internationally. Internationally, this means that if a person is transported abroad, that once abroad, their movements will be restricted from by having their passports and other identification confiscated and will likely be further restricted in access to money and clothing. The Mongolian Gender Equality Center (MGEC) operates the confidential national trafficking hotline, which can also be accessed abroad by Mongolian nationals. The hotline has a check list used to determine if a person has been trafficked and offers aid.
Direction of Trafficking
Trafficking is categorized by type. The US Department of State works internationally with countries setting up guidelines on trafficking policy and publishes an annual report: The Trafficking in Persons Report, which ranks countries according to their Government’s efforts to prevent and combat human trafficking. According this report, Mongolia is considered to be predominantly a “source” country, which means that people are trafficked from the country to other countries. Most of this activity, according to reports from MGEC and Human Security Policy Studies Center (HSPSC), centers around sexual services (brothels and karaoke bars). The victim might be free to move about, but will likely have their passport held and will owe a debt for transport, food and housing. The cases might start off as consenting prostitution but can turn into non-consent when these are factored in. Most of this occurs in China, Macau, and Hong Kong, but also Japan, Malaysia, Singapore and European countries. Within the “source” category are also fraudulent marriages, which mainly happen in South Korea. Marriages are brokered with the use of an agent, and in the case of trafficking, the applicants are deceived as to the age, income, living situation of their prospective partner. There have been numerous cases of women having their passports confiscated, and being subjected to domestic violence, servitude and sexual exploitation by the spouse (ie: giving the women over for sexual use by relatives). Research by HSPSC analyzed data and evidence from the State General Registration Authority and the Immigration Authority; interviewed those who became victims of human trafficking through services of marriage brokerage companies. From this research, it is reported that in 2007 about 970 marriages were brokered to S. Korea, of which 927 involved women. With the common occurrence of deceptive practices, this is an area for concern. It is also reported that labor exploitation occurs in Kazakhstan, Turkey and European countries.
US Department of State also places Mongolia within the “destination” category, meaning that people migrate into the country to work. US Department of State reports this happens to North Koreans and is predominantly labor exploitation. There is some mention in the reports from different NGO’s that Chinese working in Mongolia are working under exploitative conditions but there does not seem to be statistical data to corroborate this, just anecdotal reports. Yet, it is still a concern because of the nature of trafficking, statistics can be hard to come by.
Internal trafficking is reported by the US Department of State to occur in children who are trafficked for sexual exploitation. Research found that children were used by adults to generate income, through organized begging and stealing. UNICEF reported that abandoned children in their teens, were at high risk for using prostitution for survival. HSPSC reported that many adult prostitutes previously sold sex as teens to make money, due to poverty and a lack of stable homes. While prostitution is different from trafficking (by the nature of consent), consent cannot legally be given from a child. The definitions become even more complex when the child transitions legally to adulthood. Many organizations working on trafficking issues, acknowledge that this is grey area of consent (particularly in the US). Therefore, this is another reason that anti-trafficking organizations work with consenting adult sex workers, distributing education to prevent trafficking.
Most in-country Mongolian sex workers operate in karaoke bars, hotel and night clubs. I asked several foreign men who discussed being approached by sex workers what the rates were. They reported being offered a range from $50-$100 for sexual services (which is likely a high amount because foreign men are considered to be wealthy). This can equal a month’s salary for those living at the margins. There are several organizations in Ulaanbaatar that work with consenting sex workers, helping to guarantee their safety. One organization in Darkan partnered with HSPSC on a trafficking prevention project, as many sex workers travel to China to work in brothels. The concern is that even consenting sex workers can have their freedom of movement and financial control taken away from them. For example, many sex workers are actually students paying of school fees with part-time work. If a young women travels to China and works with an agent, it is possible the agent might take the majority of her fees and confiscate her passport. Organizations working on
trafficking in Mongolia
There are several organizations in Mongolia working on the issue of trafficking. Through my research and networking, I have come across a few main ones. Each handles a different function, though there is some crossover and partnering. This list is not meant to be comprehensive (nor does space allow), but rather to give an idea of the types of organizations working on this issue. I mention them in an effort to show the diverse amount of work being done in this area.
The Mongolian Gender Equality Center (MGEC—can be accessed through stoptrafficking.mn/eng) is involved in confidential direct assistance to victims of trafficking transitioning to survivor status through psychological rehabilitation, legal aid, and vocational training to new livelihoods. MGEC works with Mongolians who have been trafficked abroad and repatriates them back to Mongolia, and they also work with internal trafficking victims. They operate two shelters—one in Zamiin-Uud (Mongolian border town and counterpart to China’s Erlian which operates large brothels) and another in Ulaanbaatar, providing a shelter for survivors while they are receiving direct assistance. Domestic violence shelters also work with trafficking victims coming from domestic violence situations. Statistically, it has been shown that alcohol use coupled with domestic violence is responsible for driving young women and children from their homes into unstable living situations where they are struggling to survive and are at high risk of being trafficked according to reports by HSPSC and UNICEF.
The Asia Foundation (TAF) is an international NGO which has worked in conjunction with MGEC, providing funding, building capacity and raising awareness through public service announcements (PSAs) in broadcast media and print media campaigns. This NGO funds the national (confidential) trafficking hotline (1903), which MGEC staffs. The Center for Human Rights and Development (CHRD) handles legal issues, providing lawyers who work on individual cases and who also work on legislation. Additionally, there is the Human Rights Center for Citizens, Adolescents’ Development Center, Center for Women and Child Protection and ECPAT Mongolia.
The Swiss Agency for Development and Cooperation supported Mongolia’s first comprehensive and holistic approach to the trafficking problem including legal reform; prevention and awareness-raising; protection and assistance; and law enforcement capacity building. The Human Security Policy Studies Center (HSPSC) has been the local implementation organization for the project. To this end, HSPSC initiated the legislation, with the support of several organizations, called the “Stand Alone Law on Combating Trafficking in Persons.” The law is in the current Parliamentary session and has been finalized. Additional institutionalized trafficking prevention measures have been introduced within the Ministry of Education, the Ministry Culture and Science, and the State Investigation Department (to name a few). Yet, like TAF, they also work on prevention, creating PSAs through media and writing articles for the media. They monitor public perceptions of trafficking through survey data. Finally, HSPSC has worked closely with MGEC in establishing a full service protection and assistance system for victims of trafficking, setting up Mongolia’s first permanent shelter homes dedicated for victims of trafficking.
Changes Ahead
The expected passage of the Stand Alone Law will allow the government to allot funds for preventing and combating human trafficking. However, a group of activists working against trafficking are looking into ways to invite partnerships with the private sector (mining companies and banks) to improve their corporate and social responsibility (CSR) measures within Mongolia. Mining companies tend to be regarded with distrust by the Mongolian public in general, and there are some perceptions that certain groups are being left out of the economic opportunities mining companies are bringing into the country. CSR helps the private sector to invest in local communities in specific ways. Historically, the mining industry has shown to correlate with human trafficking which tends to situate itself near the mining trade. There have also been cases of underage workers in the mining industry. As the recruitment of vulnerable women and children from ger districts has been shown to correlate with internal trafficking, private sector involvement offers opportunities to raise awareness, institute changes, and to invest further avenues for funding to rehabilitate trafficking survivors into mainstream society.
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