Mongolia
Mongolia
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | Chapter 1, Article 3(i) of the 1924 Constitution of the Mongolian People's Republic states: " With a view to securing for the labouring masses of the people freedom of association, the Mongolian People's Republic affords material and moral assistance to the poorest of the working masses (arats and artisans) for union and organisation."
The right to freedom of association in Mongolia can also be found in the 1940 Constitution of the Mongolian People’s Republic. Article 82 grants citizens the right to “unite in public organizations,” which includes trade unions, cooperative associations, youth organizations, sports and defense organizations, cultural, technical, and scientific societies (Anon 19948. 199). The modren Mongolian state also protects freedom of association in its 1992 Constitution in Article 10 (Mongolia 1992). References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults Anon. Far Eastern Section, “Constitution of the Mongol People's Republic”, 23 Wash. L. Rev. & St. B.J. 181 (1948). Mongolia. “Mongolia 1992 (rev. 2001)” Constitute 1992 https://www.constituteproject.org/constitution/Mongolia_2001 |
| Freedom of Expression | History | According to Chapter 1, Article 3(g) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom for the expression of their opinions, the Mongolian People's Republic organises the press and transfers it to the labouring people."
Article 85 of the 1940 Constitution of the Mongol People's Republic refers specifically to several freedoms associated with expression: "In conformity with the interests of the workers, and in order to develop and strengthen the state system of the Mongol People's Republic, citizens of the Mongol People's Republic are guaranteed by law: (1) Freedom of speech (2) Freedom of the press (3) Freedom of assembly and meetings (4) Freedom of street processions and demonstrations." Article 16, Section 16 of the 1992 Constitution of Mongolia states: "Freedom of thought, opinion and expression, speech, press, assembly and peaceful demonstration. Procedures for organizing demonstrations and other assemblies shall be determined by law." References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults 1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults 1992 Constitution of Mongolia: "Chapter Two: Human Rights and Freedoms," VI. The Constitution of Mongolia (1992): 73-76 https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/zzmn0003&id=6&men_tab=srchresults |
| Freedom of Religion | History | According to Chapter 1, Article 3(f) of the 1924 Constitution of the Mongolian People's Republic, "In order to secure for the toilers real freedom of conscience, the Church is separated from the State, and it is declared that religion is the private concern of each citizen."
Freedom of religion was later guaranteed in Article 81 of the 1940 Constitution of the Mongol People's Republic: "In the Mongol People's Republic religion is separated from the state and the school. Citizens of the Mongol People's Republic have freedom of religion and of antireligious propaganda." The Fundamental Law of Mongolia was ratified on 13 January 1992. Articles 14, 16.15, and 19.2 grant religious freedom, equality, and prohibit religious discrimination. Article 9 declares that the state may not engage in religious activities. References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults “Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735 The People's Great Khural. “The Constitution of Mongolia.” Constitutional Court of Mongolia . Constitutional Court of Mongolia , 2022. Last modified 2022. Accessed June 21, 2022. https://www.conscourt.gov.mn/?page_id=842&lang=en. “Mongolia 1992 (rev. 2001).” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Mongolia_2001 |
| Freedom of the Press | History | Article 16 of Mongolia’s 1992 Constitution protects press freedom: “Freedom of thought, opinion and expression, speech, press, and peaceful assembly. The rules of procedures for conduct of demonstrations and public meetings shall be determined by law" (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001” ).
Earlier iterations of the Mongolian Constitution, with the earliest ratified in 1924, included protections on freedom of expression that included freedom of the press. References: 1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults “Mongolia 1992 (rev. 2001).” Constitute. https://www.constituteproject.org/constitution/Mongolia_2001 |
| Privacy Rights | History | Article 87 of the 1940 Constitution of the Mongol People's Republic: "The inviolability of the homes of citizens and privacy of correspondence are protected by law."
Article 16(13) of the 1992 constitution protects the right to personal liberty and safety. It says, “The privacy of citizens, their families, confidentiality of correspondence and communication, and the inviolability of home residence shall be protected by law” (Constitute Project, “Mongolia 1992 rev. 2001) . References: 1940 Constitution of the Mongol People's Republic: Peaslee Amos J. Constitutions of Nations. Concord, Rumford Press (1950). https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.beal/connat0002&id=494&men_tab=srchresults https://www.constituteproject.org/constitution/Mongolia_ 2001? lang=en |
| Voting Rights and Suffrage | History | Chapter IV, Articles 34 and 35 of the 1924 Constitution of the Mongolian People's Republic outlined the right to vote, identifying groups included and excluded from this right. Article 34 reads: "The right to elect and to be elected to the Assemblies (Great, Small and local) is enjoyed by the following categories of citizens of the Republic of both sexes who have reached the age of 18 years by the day of the elections: -
(a) Those who earn their livelihood by their own labour, and also persons occupied in labour on their own account. (b) Soldiers of the people's revolutionary army." Article 35 reads: "The following cannot elect or be elected:-- (a) Persons who live exclusively by the exploitation of others with the manifest object of enrichment. (b) Merchants and usurers who live by the labour of others and on interest from capital and income. (c) Former princes, hutuktus and members of religious bodies who de facto reside permanently in monasteries. (d) Persons legally declared insane or mentally deranged. (e) Persons sentenced by a court for crimes inspired by personal advantage or of an opprobrious character." Article 71 of the 1940 Constitution of the Mongol People's Republic guaranteed the right to vote, though it named a large number of groups that were excluded from this right. In 1944 this article was amended to read: "All citizens of the Mongol People's Republic, who have reached the age of eighteen, have the right to participate in elections and to be elected, irrespective of their sex, nationality, religion, education, nomadic or settled mode of life, and property status, with the exception of the insane and persons convicted by the court, whose sentence includes deprivation of electoral rights." According to Article 21, members of The State Great Hural shall be elected by citizens who are qualified to vote, via universal, free, and direct voting. Under Article 31, each political party in The State Great Hural may provide one nominated presidential candidate which the citizens may vote on. (Constitute Project, “Mongolia’s Constitution of 1992 with Amendments through 2001”).
1924 Constitution of the Mongolian People's Republic: British and Foreign State Papers (1931) https://heinonline-org.proxygw.wrlc.org/HOL/Page?collection=cow&handle=hein.cow/bfsprs0134&id=1244&men_tab=srchresults “Constitution of the Mongol People’s Republic.” World Constitutions Illustrated, Heinonline. Accessed July 27, 2023. https://heinonline.org/HOL/P?h=hein.cow/cososnat0002&i=735 “Mongolia 1992 (rev. 2001).” Constitute. https://www.constituteproject.org/constitution/Mongolia_2001 |