Forced prostitution and slavery on the rise

In the beginning of the 21st century, humanity is faced with socio-economic problems, terrorism, global warming, energy shortages and economic crisis. Among organized crimes like illegal narcotics and weapons trading; human trafficking has become a serious problem.

Human trafficking is becoming more a more sophisticated operation. Organized criminal groups engaged in this kind of business, are making significant gains by forming trans-national networks and have strengthened their operations in Mongolia. In recent years, it has become evident by the growing number of trafficked women abroad for exploitation. At a recent closed session, the Songinokhairkhan district court discussed a hearing relating to J.Shinesukh, who was engaged in the trafficking of girls abroad. This man was accused in the illegal trade of eight girls aged 18 to 20 under the pretext of being involved in a work-study program but they were later coerced by Chinese nationals. Their documents were confiscated and they were sold to Macao.

A two-day workshop for combating human trafficking at the Ministry of Foreign affairs was
attended by numerous international experts

The State Criminal Investigation Department investigated the case for over a year and finally submitted it to the court at the end of 2009. According to Section 113-3 and Section 124-2 of the Criminal Code of Mongolia, J.Shinesukh was sentenced to 13 years imprisonment in maximum security.

OSCE Chairmanship international expert workshop took place February 9-10, 2010, in the Ministry of Foreign Affairs for the purpose of preventing and stopping serious crimes like human trafficking where the rights and freedom of human beings are seriously trampled and they are treated as property. This meeting also attracted the attention of the Mongolian government.

The two-day international experts’ workshop called “Combating modern slavery: National, Regional and International Experiences” was attended by members of the OSCE, the Asian partners of this organization, the delegates of states successfully combating human trafficking, and the representatives of ministries, agencies and NGOs of Mongolia.

The foreign specialists working in close cooperation with the relevant Mongolian agencies in this direction widely discussed revealing this kind of crime, the people who perform this crime, how they do this crime, the scope of their activity, the consequences of the crime, the help and assistance rendered to the trafficking victims, the mistakes and successes in combating human trafficking, as well as international experiences and difficulties for combating the crime.

Reports on the first day of the plenary session discussing “Combating THB as a form of modern slavery: Experience of Mongolia, Best practices, Challenges and ways forward in prevention, Legal regulation and victim Assistance” was delivered by T.Enkhtuya, Acting State Secretary of the Ministry of labor and Social Welfare of Mongolia. J.Buyanbat, chief of the department on the organized crimes reported about government actions against human trafficking and future prospects. J.Buyanbat, chief of the department on the organized crimes, reported about the human trafficking situation in Mongolia and hardships on the way to combat them. Ruth Rosenberg, an Independent expert and consultant to IOM discussed cooperation with Mongolia to implement the international migration movements projects. Dr.Ch.Nyamsuren, director of the Supreme Court Research Centre of Mongolia, talked about the present situation for court resolutions in human trafficking cases. S.Lindberg, Asia Foundation Mongolia’s representative reported the Asia Foundation activities to combat human trafficking in Mongolia.

According to the experts, it is estimated that 12.3 million people in the world today are being forced to labor exploitation, 9.8 million of them in the private sector, 2.4 million of whom were victims of the trafficking in persons. Ch.Nyamsuren pointed out in his report that almost 80 percent of the trafficked victims are women and children and 80-90 percent of the victims became the victims of sexual exploitation.

Panelists contemplate strategies to fight organized criminal activity

The reporters stressed that although this kind of crime is a comparatively new phenomenon in Mongolia, it is nevertheless increasing to a new level of development. For instance, when Mongolia adopted a revised criminal code in 2002 that included Section 113 on human trafficking, there were 52 criminal cases registered and 56 cases on organized prostitution. In other words, a total of 108 cases associated with human trafficking were registered. Trafficking in persons, in particular, the selling of women and children in the country and abroad, forcing them into prostitution, forced labor exploitation, fraudulent marriages, and involving them in criminalized actions is growing with every year. According to a research study conducted by the State Supreme Court, in the past 5 years (2005-2009) 16 people were accused in eight human trafficking crimes and 70 people were imposed different kind of punishments for 39 organized crimes and forced prostitution. In 2006, one person was imposed to one case of human trafficking, but this kind of crime increased to 4 cases from which 9 people were imposed punishment in 2009.

Mongolia was placed in Tier 2 in the US Department of State Human Trafficking Report when Mongolian girls and women were trafficked for sexual and labor exploitation to China, Macao and South Korea. This means that Mongolia was not in full compliance with the ‘trafficking victims protection act’s’ minimum standards for the elimination of human trafficking.

Judging from Mongolia’s specific features, combating human trafficking would not require a large structural organization involving hundreds of people. On the contrary, it would be better to use less expensive small groups, with effective and good performing maneuvers. A few years ago criminal traders came to Mongolia themselves to recruit Mongolian girls, now they are forcing Mongolians to work against Mongolians in human trafficking. This shows that legal enforcement is not reaching the desirable standards. The responsibility is being left outside of the subject and, regrettably, either intentionally or unintentionally, “Mongolian girls are trafficking other Mongolian girls”. The reporters pointed out that the trafficked victims often are failing to report the crime to legal organizations which in many cases force them to becoming, intentionally or unintentionally, co-partners with the crime initiators and making investigation of human trafficking activities more complicated.

In the past, this kind of crime was performed through just one passing station; now, it is committed via many border passing stations. The reporters stressed that people might be sold for prostitution in China, Hong Kong and Macao. For labor exploitation, human trafficking is being directed to South Korea, Kazakhstan, Turkey, Malaysia, Czech Republic and Japan.

The Mongolian reporters indicated that not only girls and women were involved, but men as well; young boys in particular. Although the criminals were arrested, at a certain stage of the criminal proceedings, their cases have been dismissed as groundless. Therefore, victims are often being left double-damaged due to the lack of legal mechanisms in Mongolia for defending their rights, rendering them material compensation and providing moral support.

Moreover, women victims often become co-partners with the criminal elements in this kind of business which creates significant difficulties for lawyers and advocates working in this direction. The representatives of many Mongolian government and non-government organizations pointed out that improving and perfecting legal and judicial environment to combat human trafficking becomes a prime task, which the country needs educated and trained professional personnel as well as the creation of a special structure and technical support fighting these kinds of crimes.

Although there are no official cases of false child adoption, of trading street children abroad, of selling human organs or trading persons for donor’s purpose registered, the relevant organizations must take this into consideration, pointed out the reporters.

The second days’ session was held under the topic: “Combating THB in the OSCE participating States and the Asian Partners for co-operationg: Lessons learned and ways to further improve legal instruments and strengthen co-opreation”.

Martin Fowke, of the UNODS, gave a report on the measures to be taken in relation with the implementation of the Protocol of the UN illegal trafficking.

Guo Jia, the national programm officer of China-based ILO illegal trade project reported on the implementation in China of the ILO’s project and the ILO’s direction in fighting forced labor and human trafficking.

Mariana Katzarova of the UNHCHR reported on the Special UN Rules of considering human rights to fight human trafficking.

Dr. Vera Gracheva, Acting Deputiy coordinator, Office of the Special Representative and Coordinator for Combating Trafficking in Human Beings, OSCE Secretariat reported on the difficulties n implementing the OSCE. She said, “The political rights of this organization in charge of human trafficking are challenged. Other internationally accepted experts who have considered the situation of human trafficking in Mongolia, made conclusions and exchanged opinions on international experiences in overcoming the hardships and changing the legal and judicial environment to combat the trafficking in persons.”

International experts who debated for two days issued a practical recommendation on this important problem by pointing out the necessity fight these crimes from a united understanding. It was decided to continue what was discussed at this two day meeting via e-reports and that the final conclusions will be elaborated when the participants email their suggestions and proposals within two weeks.

At the closing session Usen Suleimenov, the Deputy permanent representative of the Republic of Kazakhstan to the OSCE who chaired the seminar said “A new stage for fighting human trafficking, based on knowledge has begun. The present seminar was significant by raising the struggle against human trafficking to a new level in defense of the interests of the trafficked victims, in searching for and pulling capital and reserves to combat this kind of crime, in collecting information in the regional scope, and in coordinating efforts to fight transnational crime using international standards.”

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