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The Role of Ngos Combating Human Trafficking

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Magisterarbeit Gliederung: Einleitung: I. Allgemein 1. Konstruktuvismus in IB 2. 1. USA 2. 2. Deutschland (Spiralmodell) 2. Menschenhandel aus der Menschenrechtsperspektive 3. 3. Internationale Normen und Regimen 3. 4. NGOs in den MRBereichen II. Fallbeispiel Mongolei 1. Zur politischen Struktur der Mongolei 2. Zur internationalen Normen und Regimen im Zusammenhang mit Mongolei 3. Bild von NGOs in der Mongolei. 4. 1. Uber Zugang von NGOs in die Politik 4. 2. Offentliche und politische Meinung 4.

Menschenhandel-Neues Phanomen 5. 3. Politische Dimension 5. 4. Soziale Dimension 5. 5. Wirtschaftliche Dimension 5. Die Einflussnahme von NGOs auf die Regierung 6. Tatigkeitsfelder von NGOs 6. 1 Opferschutz 6. 2 Stand-alone law 6. 3. Kooperation mit Behorden auf der Int.

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und nat. Ebene III. Experteninterview uber die Rolle von NGOs in der Mongolei 1. Befragung von staatichen und nichtstaatlichen Akteuren 2. Fragebogen 3. Antwortenanalyse Uberprufung der Hypothese IV. Fazit Literarurverzeichnis:

Zur Lage von NGOs in der Mongolei: Source. Ngos in mongolia. By d. byambajav In the 1990s, despite its landlocked location within a buffer position between two great powers and a lack of a democratic heritage, Mongolia embarked on the path of democracy after seventy years of communism. Mongolia had much going against it, including a poor economy, dependency on its two neighbours, an unconsolidated new political system, new international environment, and tremendous changes in people? s lives.

Support and assistance from the developed world was essential in dealing with these challenges. Main donor countries like Japan, United States, and Germany, as well as international organizations such as the UN, World Bank and IMF began to provide economic and political aid to Mongolia. This assistance included programs aimed at creating economic development, political democracy, and a prosperous partner for the future.

At the same time, international non-governmental organizations (INGOs) have played a significant role in the efforts to assist Mongolia in addressing the difficulties of this transition and the establishment of a democratic polity. Unfortunately, the role and impact of NGOs on the host society has not yet been properly studied and mostly omitted from structural theoretical and empirical accounts explaining the state of transnational civil society and international assistance.

However, much research has been done on their role in world politics (Anheier 2001, Boli and Thomas 2002, Keck and Sikkink 1998, Lindenberg 2001, Clark 1995). Not the international relations scholars or political scientists, but development analysts, sociologists and economists have performed key research into the topic, mainly since 1980s when the number of NGOs with international perspectives was dramatically increased and the participation of NGOs in international assistance was intensified (Carothers 1999, Ottaway 2000, Mendelson and Glenn 2001). Graph 1: Growth of international NGOs in Mongolia

A number of NGOs including The Asia Foundation, Konrad Adenauer Stiftung, Soros Foundation, and International Support Service began their assistance to Mongolia in 1990-91. Since then, the number of international NGOs in Mongolia has greatly increased: between 1991 and 1996, there were thirty six international NGOs operational, while in 1997-2002 this number rose to ninety five. Today there are one hundred and sixteen international NGOs registered at the Ministry of Justice and Home Affairs as well as national committees of international networks such as Rotary club and Amnesty International (See, Graph 1).

There was a significant increase of NGOs after 1997 and 1998, most likely due to factors such as the Law on NGOs passed by the State Great Hural (Parliament) in 1997 that helped to create a favorable legal environment and guarantee for not only domestic NGOs but also for international NGOs. Another factor was the Foreign Policy Concept passed by the State Great Hural in 1994. With this Mongolia sought to integrate itself into the world community and to pursue a more open and multi-pillar foreign policy.

Mongolia also indicated its will to cooperate intensively with international organizations and foundations, in culture and humanitarian spheres as a priority. Another priority is managing the devastating consequences of natural disasters, and the conditions of underdevelopment and poverty that exist throughout the country. In a global perspective, public fiscal crises and the collapse of the Soviet Union created a vacuum into which international NGOs have entered. (Lindenberg and Bryant, 2001). What are International NGOs? International NGOs are not a new phenomenon.

Their history began in the nineteenth century when British and international antislavery societies and the International Red Cross formally began their activities. Since then the number, size, and scope of international NGOs have dramatically increased. In the theoretical framework, I explain what is an International NGO by two means: as a specific sub-set of not-for-profit, non-violent, and transnational non-state actors (Schmitz, 2003), and as a part of an emerging transnational civil society. The emergence of the term ? “NGO? ” coincides with the creation of the United Nations (UN) in 1945.

While non-governmental organizations with transnational ties existed before, they were referred to rather loosely as ? “private organizations? ”, ? “international institutes/associations? ”, or simply ? “international organizations? ” (Willetts 2001). The UN was built around the principles of state sovereignty and maintained a primary focus on issues of inter-state security. However, during the negotiations leading up to the creation of the UN, NGO representatives were successful in inserting social and economic issues into the UN Charter.

As a result of non-governmental lobbying, the newly created Economic and Social Council (ECOSOC) was upgraded to a ? “principal organ? ” of the UN and became the entry point for non-state entities seeking access to the UN. In Articles 70 and 71 of the UN Charter, the world organization created different participation rights for specialized intergovernmental agencies and international private organizations. While (inter-) governmental organizations (as well as non-member states) could apply for ? “observer status? ” with the right to ? participate without a vote in its deliberations? ” (Article 70), ECOSOC offered to ? “make suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its competence? ” (Article 71). NGOs could neither vote, nor fully participate, but could be consulted by United Nations bodies. Source:UnionofInternationalAssociations,1999-2000. YearbookofInternational Organizations. http://www. uia. org/ This has been modified in two important respects in order to narrow the scope of this article.

First, the focus here is only on those NGOs with a significant transnational presence. Second, the article addresses mainly the work of operational NGOs, which seek to assist states in supplementing its domestic functions and supporting it in its way to democracy and development. Although the UN definition is the fundamental criterion in clarifying NGOs, in some cases it is not adequate. For example, some NGOs are connected with violence, work for profit to survive, and some are fully funded by governments. Furthermore, there are many type of ransnational nongovernmental organizations like internet-based organizations, religious groups, etc that do not fit into this definition. But the definition implies the common features of NGOs and thus can be taken as basic criteria. The diversity within International NGOs A 77 percent, or majority, of the international NGOs registered in Mongolia in 1992-1994, organized their activities around the provision of basic human needs and the relief goals to help social groups in deepest needs. In particular, assistance with material goods prevailed.

In addition, there was a rapid growth of international NGOs worldwide after the 1990s and the number of internationally oriented national NGOs grew fastest (See Table One). These organizations that promote peace, human rights, democracy and humanitarian deeds, opened their resident representative offices, or local offices in different countries. The fact that these organizations grew three times between 1981 and 2001, was one of the reasons for the international NGOs? increase in Mongolia. According to the 2004 statistics, 31. % of international NGOs in Mongolia have their headquarters in USA and 13. 8% in the Republic of Korea. Table 2. Categorization of International NGOs in Mongolia It is common that the goals and aims of these international NGOs are consistent with the logical continuation of their general goals of the headquarter organization, as well as simultaneously trying to reflect the local needs and peculiarities of Mongolian society. For instance, these organizations generally have strived to help citizenry to overcome the hardships of transition. Activity and funding

Although the Law on NGOs indicates that NGO activities shall be open to public and that citizens can have access to their reports, there is a perceived lack of openness in multiple cases. According to poll results, 42. 1% of citizens conclude that international NGOs are not open to public. During the interviews and calls at NGOs, I myself as a researcher encountered difficulty in accessing their reports and sometimes there was complete inaccessibility. About seventy percent of Mongolian citizens view international NGOs as financially very strong and wealthy entities according to public opinion surveys.

Although international NGOs are obliged to provide the Ministry of Justice and Home Affairs with annual reports including financial reports, the latter are rarely specified in detail. Table 3 – Common strategies and program characteristics Legally, most NGOs, as non-membership organizations, are accountable to their trustees, who often exercise a very light hand in governance (Tandon, 9). But morally (in accordance with values of participation and empowerment) and in terms of their wider claims to legitimacy, they are accountable to other constituencies, most obviously to beneficiaries (Edwards and Hulme, 1995).

Even though not obligatory, if they provide the public with their reports, it would create more opportunities to closely cooperate with public, correct public perception of their operations, and build public support. Otherwise, absence of accountability to the recipient community or public would make have the likelihood of ineffective or illegitimate actions by an organization. Surprisingly, some relief organizations were concerned that their workload will increase beyond their capacity if the public starts to engage. 1 That may be just one reason of the absence of accountability.

Moreover, according to my interviews with INGOs and government officials, INGOs often seek to avoid ? “downwards? ” accountability2. The truth about the local condition and INGOs performances in Mongolia must be told as same as in both donor and recipient communities. ?“Success stories? ” about the operations in Mongolia in the donor communities also should be told in the recipient community. That means, international NGOs in Mongolia need to be accountable not only ? “upwards? ” to their trustees or donors, but ? “downwards? ” to their partners, beneficiaries, supporters, and staff. Relief and development

A large portion of expenditures of INGOs in Mongolia goes to the poverty alleviation and relief. The biggest ones, in terms of their extent of activity and size of funding, like World Vision, Mercy Corps, JCS, Save the Children, and ADRA have been working in this field since the mid 1990s. And there are many other medium and small size organizations implementing various projects on relief, poverty alleviation, development training, and provision of basic human needs. In comparison, the strategy and implementation of programs of the INGOs have common trends in relation to their respective category (see Table Three).

The strategy for alleviating poverty and development and activities based on it are determined by complex factors including the organization? ’s core values, emerging problems within society, financial capacity, donors? ’ and headquarters? ’ preferences, local socio-economic situations and personal attitudes. In addition, the organization? ’s views on ways to alleviate the symptoms of poverty and underdevelopment are crucial for their formulation of policies. Despite limited capacity, many organizations spend as much time as they can, trying to alleviate the conditions of poverty.

However, the root causes of poverty aren’t understood in every organization. Consequently, they will try to temporarily alleviate the symptoms of it. In addition, there is a view that NGOs pass through distinct generations along an evolutionary path. (Korten ) Beginning as agents that provided emergency and relief aid and only temporarily alleviated the symptoms of poverty, NGOs have evolved into broader development institutions that support community development activities and emphasize self- reliance. The third-generation agencies would be less directly involved in implementing projects acting rather as catalysts.

As a part of these third- generation agencies, most ? “large? ” level organizations often have distinctive strategies and tactics to alleviate the poverty covering large areas and numbers of people. It integrates and involves initiatives in health, education, agriculture, water, infrastructure, leadership development, gender, and income generation according to communities? ’ own needs and priorities. It is run over 10 to 15 years life span and usually targets the poorest areas in the country. It is directly covering over ten aimag and four districts of the capital city.

In contrast, Mercy Corp? ’s principles state that enduring change comes only when communities themselves take charge of their future and implement a rural economic growth program in the Gobi regions (Mercy Corps, 2003). One of Mongolia? ’s central tasks is to ensure that rural Mongolians are not left behind as the economy continues to grow. To that end, Mercy Corps? ’ Gobi regional economic growth initiative supports the growth and development of the rural economy centering on agriculture and small business development, rural financial services, and access to accurate market information.

Many other organizations try to contribute to the alleviation of poverty and solving emergency problems in the society through their specific programs and activities. ?“Small? ” level organizations make extensive efforts to reach the poorest and vulnerable parts of the society and help them survive. But the question is how these efforts are connected with long-term effects on people? ’s lives. Not employing any concepts or long-term strategy against poverty, their efforts would have only transitory role in the development process, thus it is necessary to rethink and reformulate their concepts of assistance.

International development NGOs also differ in terms of their affiliation and philosophical orientation, although they all share a basic concern for alleviating global poverty (Gorman, 1984). Many INGOs are religiously affiliated – notable examples are World Vision, the Finnish Lutheran Mission (FLOM), the Norwegian Lutheran Mission (NLM), the Catholic Church Mission, Help International, ADRA, Global Ministries and JCS, to name a few. Of those INGOs that are religiously based, some have purely programmatic concerns, while others combine relief and development activities with a strong sense of missionary evangelism.

Obviously, in certain situations, Mongolians are often reluctant to work with the latter if the evangelistic aspect is seen to be the primary motivation. In most cases, people will seek assistance from such INGOs with the understanding that the primary aim is to provide assistance. In other cases, people may be unconcerned about the proselytization aspect of evangelistic INGOs. If it is appropriate to highlight the distinctive nature and philosophy of religious organizations, then some discussion of the kinds of rogrammatic activities that such organizations have been engaged in may also be helpful. The fact that many religiously oriented INGOs work directly through their indigenous counterparts minimizes the perception of external intervention (Gorman, 1984). Moreover, because many of the church missions are in remote areas, they are rarely seen as a threat and, in fact, are often viewed as a positive source of rural development assistance that may reduce pressures on the government to reallocate its own domestic resources. Motivated by biblical words ? – ? Love God with all your heart and love your neighbour as yourself? ” and with deep hope that they are doing God? ’s work in Mongolia, these organizations often work with the poorest of the poor and vulnerable children. Living with street children in their real living condition, teaching them to follow God? ’s heart, helping them to live with others normally, and feeling the people’s suffering themselves motivate the organizations’ staff3. Their activities are also fulfilling basic human needs of the recipient population which are often left out of government programs.

But, in conceptual terms, they are seen to not have a wide view of the poverty situation in the society. Unfortunately, the impact and role of these organizations in their working areas have not been studied or evaluated before. Furthermore, the organizations themselves do not provide self-evaluation and impact assessment often. One can see that most successful INGOs in Mongolia, in terms of their scope and extent of activity, are those that are affiliated with Christianity. Clear examples of this are World Vision, JSC International, NLM, and ADRA.

Nowadays, as the public opinion survey shows, World Vision is the most familiar international NGO among Mongolians with the exception of the former Soros Foundation. A number of secular INGOs also exist, and they also have humanitarian motives, but lack a denominational or religious affiliation. Among these are Save the Children, Mercy Corps, PACT, CAMDA, Peace Winds Japan, Food for the Hungry, Vision International, AIFO, and International Service organization. Usually, these groups tend to view relief and development situations as technical and material enterprises aimed at alleviating suffering.

The spiritual needs of recipient population are left to others. This philosophical orientation has advantages in those cases where governments may be sensitive to cultural intervention or religious interference. (Robert F. Gorman, 50) But on the other hand, secular INGOs lack the built-in constituencies that church- based INGOs have for soliciting resources. While differences between secular and religious INGOs do exist, it should be emphasized that they need not overshadow the common concerns and values that NGOs share.

Moreover, greater stability on commodity prices, broadened access to developed country markets, an improved balance of payments ledger in favor of developing countries, a more manageable external debt, and reduced unemployment are issues beyond the scope of INGOs even though they have direct bearing on the development context in which INGOs activities occur. But all development NGOs need a clear philosophy of development. From that philosophy may flow resource allocations and program activities.

If development efforts are to improve the quality of life of the poor ? –a theme common to most- then defining such efforts could be influenced by a philosophy of social change, which takes seriously the structural nature of poverty. INGOs are typically in control of the disbursement of funds and services, and although they clearly attempt to maintain a working, cooperative relationship with the host government, they constitute a vehicle through which development assistance can be channeled while essentially bypassing local government.

Hence, in those cases where host governments have not assiduously promoted the basic needs of their poorest people through domestic remedies, INGOs are in a position to ensure that some resources are channeled into areas previously ignored by governments (Gorman, 49). For a variety of budgetary and practical reasons, many INGOs have focused both on disaster relief and long-term development projects. Disaster relief projects are seen as temporary and emergency operations, the crisis proportions of which ultimately diminish leaving the host country and INGOs with long-term questions of development.

As Gorman wrote (1984), refugee and disaster operations make headlines, thus easing the task NGOs face in earning aid dollars from what is more typically inattentive public in regard to longer term development issues. For this reason, many INGOs in the development business are reluctant to be involved in relief exclusively. Source: http://www. demo. org. mn/en/articledetail_en. php? ID=3 There has been significant growth of non-government organizations (NGO’s) in Mongolia since transition from centrally controlled to a more open society. Several dimensions of the NGO sector are important to understand the current situation of Mongolian NGOs.

Four dimensions stand out: the legal structure, the types and classification of NGOs, financial sources and fundraising, and taxation of NGOs. 1. The legal structure The passage of the NGO law in January of 1997 can only be seen as a major step forward. The law provides a legal framework for NGOs and encourages the growth of NGOs through tax exemption for NGO activities and for contributions made to NGOs. Article 4, Section 1 of the Law on NGOs states that ‘NGO shall mean an organization, which is independent from the state, self governing, non-profit and established voluntarily by citizens or by legal entities other than state agencies (i. . , organs that exercise legislative, executive and judicial powers) on the basis of their individual or social interests and opinions. ’  2. The types and classification of NGOs Article 4 of the Law of Mongolia on Non-Governmental Organizations distinguishes between the two types of a non-governmental organization, which are a public benefit NGO and a member benefit NGO. ‘Public benefit NGO’ shall mean an NGO that operates for the public benefit in the fields of culture, art, education, science, health, sport, nature and environment, community development, human rights, protection of the interests of specific ubsets of the population, charity and other such fields. ‘Mutual benefit NGO’ shall mean an NGO other than a public benefit NGO that operates primarily to serve the legitimate interests of its members. Currently in Mongolia, there are more than 4,000 non-governmental organizations registered. Approximately 20 percent of them are the member benefit organizations, such as a non-governmental organization of pharmacists, persons engaged in the business of leather industry, telecommunication professionals, composers, book publishers, etc.

And the remained 80 percent are the public benefit organizations. According to the sources taken from the Ministry of Justice and Home Affairs by April 1, 2004 the NGOs are classified as follows: No. Types of Activities Number of NGOs 1 Children 203 2 Human rights 170 3 Nature and Environment 268 4 Friendship and Cooperation 456 5 Youth 210 6 Service for elders 116 7 Health 241 8 Arts/culture and education 574 9 Professional 356 10 Sports 411 11 Services for disabled 76 12 Support to social development and Humanitarian assistance 315 13 Family 45 4 Support for religious development 59 15 Women 205 16 Other 245 Total 3,950 As we can see from the above, NGOs are mainly engaged in the activities of education and arts (14. 5%), friendship and cooperation (11. 5%), sport (10. 4%), professional (10. 65%), and environment NGOs (6. 8%). However, the most active and engaged NGOs are in the field of education, human rights including women, and youth and children. 3. Financial sources and fundraising Sources of income for NGOs are the following: 1. membership fees and contributions; 2. ontributions by individuals, economic entities and organizations; 3. income generated by mission-related economic activities; 4. borrowed or inherited funds, and funds allocated from the State budget for project implementation; 5. funds from international agencies and projects. According to the survey of the UNDP where 80 NGOs -respondents of this survey –  implemented projects with total budget of 4,426. 7 million MNT in 1996-2000, out of which 298. 7 million MNT was put from local financial sources and 4,128. 0 million MNT from outside sources making the ratio as 6. 7 : 93. 3.

It is obvious from the above that in funding of projects and programs implemented by local NGOs foreign financial sources were dominated and a prediction can be made that that situation will be kept in the near future. NGOs can use their income only for the attainment of their stated purposes and shall not distribute income in the form of dividends and NGOs shall not act as financial guarantors or participate in amelioration of any business losses on behalf of any person, economic entity or other organization. NGOs assets and finances can not be used in financial or economic activities for somebody’s personal gain.

NGOs have no right to make contributions to political parties or to candidates in the State Great Hural and Citizen Representative Hural elections. 4. Taxation of NGOs Although the non-governmental organizations are defined as not-for-profit, they must pay the fixed taxes. The reason is that according to Article 5 of the General Tax Law of Mongolia “domestic and foreign business entities, organizations and foundations on the territory of Mongolia shall be the taxpayers” and according to Article 3 of the Business Entities and Organizations Income Tax Law “non-governmental and religious organizations shall be the taxpayers.   However, before the decision of the State Ih Hural general meeting convened in November 2000 to impose the tax on any donation made to non-governmental organizations the following incomes of non-governmental organizations were tax-exempt according to the Business and Legal Entity Income Tax Law of Mongolia: 1. member dues and supporter donations; 2. income generated by publicly registered public benefit non-governmental organizations from their activities related to the implementation of their charter purposes; 3. donations made to publicly registered public benefit non-governmental organizations.

It may not be understood that tax law-defined incomes generated from the activities related to the implementation of charter purposes are applicable to all non-governmental organizations. However, the tax law provides that only incomes generated from the activities of publicly registered public benefit non-governmental organizations related to the implementation of their charter purposes would be tax-exempt. The Mongolian Children’s Rights Center is one example of a public benefit nongovernmental organization that conducts commercial activities for the implementation of the purposes of its charter.

This Center besides doing the research works on the means of guaranteeing the rights of children in Mongolia sells books and handbooks related to this issue written and published by it under the government contract. The incomes earned from this activity shall be fully tax-exempt. Studie uber die Meingung von der mongolischen Offentlcihkeit uber die INGO: 10. What are, in your opinion, the fields where International NGOs are working efficiently? Please assess the effects of their activities using 1-5 scales/1-less or not effective, … 5 very effective/ others Aids for basic human needs

Children and their development Human rights and Democracy Law Government and public administration Health Education 0 10 20 30 40 50 60 11. What are, in your opinion, the most significant works implemented by International NGOs in Mongolian society? (It was open question and respondents had to write their thoughts freely. ) Human rights, democracy and legal reform Works in Poverty Reduction Works in Child Right and Welfare Works in Public Health Sector Relief and fulfilling basic human needs Works in Educational Sector 14 32 32 35 24 68 0 10 20 30 40 50 60 70 80 Percentage There were 205 answers totally 13.

What are, in your opinion, the drawbacks or negative sides in activities of International NGOs in Mongolia? (It was open question and respondents had to write their thoughts freely. ) The answers were very fragmented and diverse. We are presenting only answers, which were given by more than 10 respondents. These are; __ International NGOs are not working open for public. __ There is lack of information about International NGOs in Mongolia __ International NGOs did not report their activities to public __ Activities of International NGOs usually focus on vulnerable part of society and do not reach whole population. _ There are very few long-term effects of their activities on Mongolian society __ International NGOs have very little expertise about local conditions __ International NGOs often work with only few officials Source : Survey on NGOs by CHRD Mongolia There are 5,077 NGOs registered at the Ministry of Justice and Home Affairs in Mongolia by September 1, 2005. ?? According to the data of the last 8 years (1997-2004) there “were born” in average 560 NGOs annually, or approximately 50 NGOs per month, or 12 NGOs per week were registered at MOJHA. ??

The majority of NGOs were founded after 1997 when the NGO Law was passed, and over 40% of the NGOs are less than three years old (i. e. founded in 2002-2004). ?? Over 80% of all NGOs are registered as Public Benefit Organizations (PBOs), and almost 20% are Mutual Benefit Organizations MBOs). As shown in Graph 1, the number of registered NGOs increases each year. MOJHA registers only the establishment of new NGOs, not termination of NGOs. Trends of registration of NGOs (with the data table) In 1997 when the law on NGO was passed, about 600 NGOs were registered in 1998.

During 2000-2003 trend of number of new NGOs decreases gradually. The above graph shows that a considerable number of NGOs was registered over the past 3 years. The highest number of registration was in 2004 reaching 988 NGOs. According to the trend of 1997-2004 years average of 560 NGOs registered each year, approximately 50 NGOs per month, and 12 NGOs per week were registered at the MOJHA. Types of NGOs Article 4 of the Law on NGOs sets out two types of NGOs: Public Benefit NGO and a Member Benefit NGO.

The charitable activities for the promotion of arts, culture and education, protection of nature and environment, support of human rights and community development are defined as the public benefit. A public benefit organization is defined as the one that makes the main purpose of its charter its engagement in public benefit or charitable activities. A mutual benefit organization shall mean an NGO that operates primarily to serve the legitimate interests of its members. NGOs obtain one of these status themselves when they register at the MOJHA and the status should be indicated in their organizational by-law.

From the surveyed 3,720 NGOs the majority of NGOs registered as Public Benefit NGOs. 3,158 NGOs which is over 80% were registered Public Benefit NGOs. The number of registered Mutual Benefit NGOs is 742 which is 20% of all NGOs registered at MOJHA. The Table 2 shows the areas of NGO activities with numbers and percentage. According to their by laws NGOs are mainly engaged in the activities of economy, agriculture, and business (13,4%), sport, tourism, leisure (11,8%); social issues (11,0%); professional associations (8,8%); and arts, culture, traditions, science (8,7%).

In order to support NGO sector development there are some provisions in the Tax Code to exempt taxes from income of certain types of NGOs. In accordance with the provision 7. 1. 2 and 7. 1. 7 of BEOIT (Business Entity and Organization Income Tax) the NGOs have enjoyed tax exemptions of 19,1 mil. MNT in 2002, 34,5 mil. MNT in 2003, and 26,7 mil. MNT in 2004 respectively. Sources of funding According the Article 19 of the NGO Law the income sources of non-governmental organizations’ are as follows: 1. membership fees and contributions; 2. ontributions made by individuals, business entities and other organizations; 3. profits earned by commercial activities conducted for the implementation of charter purposes; 4. borrowed or inherited funds, and funds allocated from the state budget for project implementation. As of 2004 the significant part of funding of NGOs comes from foreign donors – 59,5%. Donations from individuals and companies make up 27,9% of the sector’s revenue, while income from economic activity makes up 12,6% (source: Activity reports submitted to MOJHA by NGOs in 2004).

The majority of funding comes from foreign donors, however, some NGOs generate income by engaging in business activity – both in areas directly related to their statutory activities well as in areas subsidiary to them. This concerns principally service, training, publishing, counseling, trade, rent of real estate, and tourism. As of local financial sources, the NGOs became more and more successful in fundraising, i. e. donations from individuals and business companies, funding from local foundations.

NGOs received state grants According to the Article 9 of NGO law the state may protect the legitimate rights of NGOs and provide financial and other type of support to their activities. Also the Article 19 of the Law on Government states that the Government may contract the specific functions of the government executive body to the execution of NGOs and provide full or partial funding to cover related expenses. On the basis of this law, the “Procedure for delegation of specific functions of the Government to the execution of NGOs and Provision of funding to finance the expenses related to it” was adopted in 1995 by Government resolution No. 11. According to this procedure, the Government makes a decision on the recommendation of the relevant Minister on the delegation of specific functions of the government or sub-sector to the execution of NGOs. NGO Law (Source: Asia Foundation) citizen-initiated nongovernmental organizations (NGOs) first began to emerge in Mongolia in 1992. Since then, Mongolia’s NGOs have expanded their responsi- bilities to include community services and training, participation in the policymaking process, and government oversight. NGOs combine individual with coalition efforts, and link urban and rural NGOs to cooperate on national initiatives.

Mongolia’s NGOs establish benchmarks and expand the spectrum of approaches available for citizens to influence public policy. n the early 1990s, Mongolia’s NGOs recognized clear guidelines on their rights and responsibilities under the new political system would increase their credibility and potential contribution. To advance domestic efforts to establish a legal framework for NGOs, the Foundation supported the Consumer Protection Association to draft a law favorable to the development of a robust NGO sector. To raise awareness about and reinforce the importance of this law, the Foundation provided legal consultants and unded in-country meetings. The NGO law was passed in 1997, concluding a three year combined effort of the entire NGO community. WOMEN’S ORGANIZATIONS Mongolian women are leaders in civil society. Mongolia’s 44 women’s NGOs provide services and training, respond to basic security problems, andpromote gender equity in law, the workplace, and social relations. Foundation programs in Mongolia support the efforts of women’s NGOs to increase the effectiveness of advocacy on rural and urban women’s concerns and strengthen women’s participation in public decisionmaking at local and national levels

Zur gesetzlichen Rahmen von NGOs: Source: Assessment of the Mongolian law on NGO, by J. Amarsanaa 2000: There are many reasons why each country aims to have sophisticated laws that would assure the existence of independent, vigorous and strong civic organizations. The most important of these is to protect and enforce the internationally recognized rights and freedoms of expression, association, and peaceful assembly. Besides that these freedoms are proclaimed in international covenants and regional treaties, the countries guarantee those freedoms by transforming them into their constitutions and other national laws.

Article 19 of the Universal Declaration of Human Rights of 1948 declares that “everyone has the right to freedom of opinion and expression,” and the guarantee for exercising this freedom is Article 20, which protects the right of individuals to “peaceful assembly and association. ” Although this Declaration of international importance unanimously adopted by the United Nations Member States has an advisory character, eventually it has come to have a binding effect in the national laws.

Moreover, majority of provisions of the Declaration on rights and freedoms has been reconfirmed in other multilateral treaties. Moreover, many constitutions require that their provisions related to human rights be interpreted in conformity with international humanrights treaties or incorporate these treaties into domestic law. A number of Mongolian laws have a provision that in case of a conflict of an international treaty with a domestic law, an international treaty, which has a supreme power, shall preempt a domestic law. It is common that the countries prescribe in their aws that “rights and freedoms shall be exercised according to law” and “rights and freedoms may be legitimately limited. ” Undoubtedly, to the extent that international law is incorporated into domestic legislation, restrictive laws must conform to the strictly construed limitations found therein. The International Covenant, by its terms, guarantees rights enjoyed by individuals and requires the States Party to take appropriate measures for the adoption of national laws assuring these rights and freedoms. It does not necessarily require passing laws allowing civic organizations to exist.

Virtually all countries have laws that govern the activities of civic organizations. According to the Mongolian law, civic organizations may be created in three forms such as the foundation, association and cooperative. However, the public benefit civic organizations may be created in the forms of the foundation and association only. Civic organizations desiring formal recognition face the confusing task to choose the legal form. Moreover, the laws of all countries prescribe special tax rules for each form of a civic organization.

In addition to protecting and enforcing fundamental freedoms, the objective of every society to adopt a law supporting a vigorous and independent sector of formal civic organizations is coupled with a purpose to encourage pluralism, promote respect for the rule of law, support democracy and promote economic efficiency. There are many differences among the members constituting any society. Individuals and groups have diverse interests and needs. Civic organization laws help individuals and groups to pursue their interests and needs (e. . , preservation of particular language or culture). By encouraging the pluralism, we express as a society the fact that we value and respect the diversity among us and in doing so, we also endorse the principle of tolerance. Conversely, the recognition and protection of the civic organizations by law drains the social pressure and seeds the crop for the steadfast development of a society. The existence of diverse civic organizations helps to promote stable societies where there is respect for the rule of law.

Although the democratic government is not the classic and the most perfect form of government, it has been recognized as the one that zealously represents and protects the interests of its citizens. For democracy to succeed, each segment of society must believe that state institutions can generally be trusted and that it will have a chance to influence the decisions through elected representatives. The establishment of a civic organization sector that is accountable is the pre-condition for the long-range success of democracy through the support of pluralism.

Another vital role of civic organizations is the mitigation of the majoritarianism set in a society and enabling the marginal groups to see their abandoned ideas reflected in the policies of the state. Thus, the civic organization is a key by means of which the interests of the marginal groups are not suppressed by the wishes of the majority. In comparison with state organs, civic organizations provide public goods and services more efficiently with relatively lower costs.

To the extent that the private individuals devote time and energy to their interests (assistance to the elderly or the handicapped) and volunteer, there is a cost and resource saving to the government. Although the civic sector is not the for-profit sector, in order to be able to deliver public goods, it is inevitably within the real competition for grants, contracts and donations with other organizations. Furthermore, a small civic organization with clearly defined objectives is relatively close to people and far more likely to know best and identify their real needs than a large state organ.

Therefore, the predicament for growth and enrichment of the society is to adequately define the legal status of civic organizations. THE RELATIONSHIP OF THE LAW OF MONGOLIA ON NON-GOVERNMENTAL ORGANIZATIONS TO INTERNATIONAL LAW GUARANTEEING FUNDAMENTAL FREEDOMS The right to create and participate in civic organizations can be inferred from the rights to freedom of expression, association, and peaceful assembly articulated in such instruments as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

In addition to the fact that these documents of international significance are the indispensable part of the law of Mongolia, they are of equal force as the domestic legislation. However, Mongolia defined the supremacy of international treaties by prescribing in its law that ? “if the international treaty of Mongolia states otherwise than the legislation of Mongolia, the international treaty shall be followed.? ” /The Law of Mongolia on International Treaties, 1993/. In general, Mongolia has approximately 220 general normative laws effective today, 140 of which contain the proviso on the force of international treaties.

Zur Lage von Menschenhandel in der Mongolei: Source: Gender equality center: WHAT IS TRAFFICKING? Human trafficking is the movement or recruitment of individuals by coercion or deception for the purpose of exploitation. To be trafficked is to be tricked or taken against your will, and sold into a life of slavery for the profit of the trafficker. It is happening all over the world, and no country is free from its effects. It can take many forms – the stereotype of sex slavery is only part of the story, though it is a big part.

Every day men, women and children are trafficked into situations of forced labour, sexual exploitation, domestic servitude, debt bondage, organ harvesting, drug cultivation, forced begging and others. Trafficking is not the same as human smuggling, in which migrants voluntarily agree to pay a third party to help them enter a country illegally, and are then free to act as they please. The essence of trafficking is exploitation. Traffickers prey on the most vulnerable in society, exploiting their hopes for a better life.

After the trade in drugs and arms, human trafficking is the largest source of revenue for organized crime groups, generating around $32bn in profits every year. But rather than a gram of cocaine or a black-market kalashnikov, every dollar of profit made by human traffickers represents an individual sold and exploited, beaten and raped, taken from their home and forced into a life they did not choose. It is time for people to open their eyes to the realities of human trafficking, and join the fight to end this trade in human life. Read more: how does trafficking work? uman trafficking statistics Estimates on the scope of human trafficking are extremely difficult to produce. The figures offered by different organizations vary widely, and none should be taken as definitive. However, the following statistics give some sense of the extent of this crime: * The International Labour Organisation has estimated that there are at least 12. 3 million adults and children in forced labour, bonded labour, and commercial sexual servitude at any given time. Of these, 2. 4 million have been trafficked. * At least 1. 9 million are victims of commercial sexual servitude worldwide (ILO) * The US State Department estimates that around 800,000 people are trafficked across international borders every year, which does not include the millions trafficked within their own countries. Half of these are children. * Estimates place the annual flow of all trafficking victims at anywhere between 500,000 and 4 million (UNESCO meta-analysis) * Human trafficking generates around $32bn in profits every year (ILO) * Since 2002 there have been two court cases involving human trafficking in Mongolia.

HOW ARE PEOPLE TRAFFICKED? Recruitment is the first step in the chain of human trafficking. The UN Palermo Protocol on trafficking defines recruitment in this context as ‘the deception and targeting of women, men and young adults for purposes of forced labor, sexual prostitution and other forms of exploitation’. Some victims are trafficked by force, but more often they are deceived and tricked into their situation. Traffickers gain their victims’ trust by means of fraudulent offers of employment or marriage, false promises, and lies.

The root cause of trafficking is therefore the poverty and desperation that make millions of people vulnerable to the traffickers’ offers of a better life. Recruiters can be men or women, employers, neighbours, friends, boyfriends and even family members. Even school officials such as teachers have been linked to trafficking. Such people may be well aware of what they are doing, and are often offered large sums of money for handing over a potential victim. In other cases they themselves may be deceived into allowing a loved one to be taken by a trafficker.

Other recruiters include criminals posing as representatives of fake travel, model, or employment agencies, who lure victims without an intermediary. Recruiters can offer a variety of promises, such as opportunities to study abroad, financial help and assistance with visas, or the promise of high earning jobs or marriage to a wealthy foreigner. Methods of approach can vary, from placing advertisements in newspapers and magazines, to targeting family connections directly or gradually grooming potential victims, sometimes even through a romantic relationship.

HOW ARE PEOPLE TRAFFICKED? Recruitment is the first step in the chain of human trafficking. The UN Palermo Protocol on trafficking defines recruitment in this context as ‘the deception and targeting of women, men and young adults for purposes of forced labor, sexual prostitution and other forms of exploitation’. Some victims are trafficked by force, but more often they are deceived and tricked into their situation. Traffickers gain their victims’ trust by means of fraudulent offers of employment or marriage, false promises, and lies.

The root cause of trafficking is therefore the poverty and desperation that make millions of people vulnerable to the traffickers’ offers of a better life. Recruiters can be men or women, employers, neighbours, friends, boyfriends and even family members. Even school officials such as teachers have been linked to trafficking. Such people may be well aware of what they are doing, and are often offered large sums of money for handing over a potential victim. In other cases they themselves may be deceived into allowing a loved one to be taken by a trafficker.

Other recruiters include criminals posing as representatives of fake travel, model, or employment agencies, who lure victims without an intermediary. Recruiters can offer a variety of promises, such as opportunities to study abroad, financial help and assistance with visas, or the promise of high earning jobs or marriage to a wealthy foreigner. Methods of approach can vary, from placing advertisements in newspapers and magazines, to targeting family connections directly or gradually grooming potential victims, sometimes even through a romantic relationship.

HOW ARE PEOPLE TRAFFICKED? Recruitment is the first step in the chain of human trafficking. The UN Palermo Protocol on trafficking defines recruitment in this context as ‘the deception and targeting of women, men and young adults for purposes of forced labor, sexual prostitution and other forms of exploitation’. Some victims are trafficked by force, but more often they are deceived and tricked into their situation. Traffickers gain their victims’ trust by means of fraudulent offers of employment or marriage, false promises, and lies.

The root cause of trafficking is therefore the poverty and desperation that make millions of people vulnerable to the traffickers’ offers of a better life. Recruiters can be men or women, employers, neighbours, friends, boyfriends and even family members. Even school officials such as teachers have been linked to trafficking. Such people may be well aware of what they are doing, and are often offered large sums of money for handing over a potential victim. In other cases they themselves may be deceived into allowing a loved one to be taken by a trafficker.

Other recruiters include criminals posing as representatives of fake travel, model, or employment agencies, who lure victims without an intermediary. Recruiters can offer a variety of promises, such as opportunities to study abroad, financial help and assistance with visas, or the promise of high earning jobs or marriage to a wealthy foreigner. Methods of approach can vary, from placing advertisements in newspapers and magazines, to targeting family connections directly or gradually grooming potential victims, sometimes even through a romantic relationship.

MGEC STUDY – “HUMAN TRAFFICKING IN MONGOLIA: RISKS, VULNERABILITY, AND TRAUMA” Many young people are keen to work abroad: 85% of those aged 14-19 and 82% of those aged 19-35 are keen to work or study abroad. 48% of women and 57% of teenage girls would agree to go on an exchange program abroad if given the chance Educational attainment has no significant impact on the desire to work abroad: 46. 5% of highly educated people and 59. 2 % of low-medium educated people expressed an interest in working abroad.

Gender has no significant impact on the desire to work abroad: 87. 7% of men and 83. 3% of women wished to work or study abroad. People are not sufficiently aware of the risks involved: 52. 2% of adult women would agree to the conditions of studying or working abroad if offered assistance in securing the necessary travel documents and visas. 49. 5% of women would agree if offered a high paying job abroad. 70% of children would agree if offered assistance in securing the necessary travel documents and visas and any other travel or study expenses.

The proportion of respondents willing to accept offers of work or study abroad is comparatively high in Ulaanbaatar, Sukhbaatar, Khuvsgul, Dornod, Dornogobi, Selenge and Hovd. WHAT HAPPENS TO THE VICTIMS? Although recruitment is necessary for traffickers to acquire victims, the essence of human trafficking is the ruthless exploitation of these victims in often slave-like conditions. The experiences of those who are trafficked may vary according to the type of exploitation involved, but almost all will suffer similar abuses of their human rights.

After arriving at the intended destination recruiters hand victims to traffickers, who will then either sell them on to a third party or exploit them themselves. Victims will be forced to work against their will, with their freedom of movement restricted by the use of violence and threats both to themselves and to their families. Often the victim will have their documents taken away, and be told that because the trafficker covered their travel expenses, they have a debt which they must repay by working.

This debt will continue to grow, and they will rarely be able to keep any of the money they earn from their ‘employment’. Many traffickers employ concerted techniques to break their victims and destroy their will to resist. Because of these conditions it is very difficult for victims to escape. Even if they are not held in constant captivity or manage to evade their guards, victims will often find themselves in an unfamiliar country with no knowledge of the local area or language.

Many will have been told that the local authorities are corrupt or in league with the traffickers, or that they traffickers will find and kill their family members if they escape. Other victims may have become so traumatized by their circumstances that they submit to their situation and cease to imagine an alternative. Some, especially those forced into sexual exploitation, know that they will suffer discrimination and abuse if they return to their home countries. Tragically, even when victims do escape and return home, they will often be unable to break out of the cycle of poverty and desperation.

Without the proper support and psychological care, there is a high chance that they will fall victim to traffickers once again, or even turn recruiter themselves. FORMS OF TRAFFICKING SEXUAL EXPLOITATION About 70-75% of human trafficking is involved with sexual exploitation or sexual abuse. The vast majority of victims are women and girls, though men may be trafficked for this purpose too. Victims are usually recruited by means of false advertisements for work or study. Believing that they are leaving for a new job and a new life, they agree to travel abroad with recruiters or traffickers.

Upon arrival they are lured into forced sexual exploitation in bars, saunas and massage parlours, hotels, and brothels. Victims may also be exploited in their home country. They are often raped repeatedly to break them in, and forced to serve several customers a day. Some women may be aware that they are going to work in the sex industry and hope to earn a living this way, but do not foresee the slave-like conditions to which they will be subjected. They are therefore still victims of trafficking for sexual exploitation. FALSE MARRIAGE

Many women and girls are misled by false offers of marriage which promise a wealthy life with a stranger in a foreign country, often with the added attraction of job opportunities for women. After arriving in a foreign country these women may be exiled to a village under the control of their husbands and forced to perform domestic and agricultural labor in slave-like conditions. This type of trafficking is particularly prevalent in Mongolia, and of all the marriages between Mongolian women and foreigners, over 65% are with citizens from South Korea. FORCED LABOUR

This is the most common form of trafficking worldwide, affecting millions of men, women and children. Sometimes it may simply involve corrupt or greedy employers taking advantage of their workers. In other cases, victims are deceived by false offers of employment and trafficked into situations of unimaginable hardship. Traffickers often take away victims’ personal documents such as passports and visas in order to be able to control them. The use of excessive debts is also common to trap victims into compliance with the trafficker (known as debt bondage).

Many victims are forced to work on farms, in factories, or in domestic homes. The common factor is that they are not receiving payment for their work, or their payment is only a fraction of what it should be. Children are often exploited in illegal businesses such as cannabis cultivation, or forced to beg and steal on the streets for the profit of traffickers. Some are forced to act as child soldiers in regional conflicts. In Mongolia there have been suggestions of the use of child labour in the mining industry.

OTHER FORMS These are the main types of human trafficking, but new forms are arising all the time. Cases have been documented of victims being trafficked for the purpose of harvesting their organs, and the World Health Organisation estimates that 10% of the 70,000 kidneys transplanted each year may originate on the black market. Children and babies have also been trafficked for adoption by people in wealthier nations. This was a particular risk in the aftermath of the Haiti earthquakes.

In some countries children are exploited to obtain housing and child benefits for their traffickers. Recently there have also been cases documented of trafficking victims being used to smuggle drugs, which points to a worrying synergy between these branches of organised crime. TRAFFICKING AND THE LAW Human trafficking represents a particularly serious challenge to international law enforcement. It is a truly global crime, and attempts to tackle it through legal means require considerable international co-operation.

Added to this are difficulties caused by the many different forms trafficking can take, and confusion or ignorance amongst officials and the general public regarding its precise definition. This can lead to conflation with for example human smuggling, voluntary prostitution, and legitimate child labour, and inhibits further the identification of victims and perpetrators. Many countries still fail to implement effective anti-trafficking laws, but in the last ten years the global legal environment for tackling trafficking has improved considerably.

The main item of international law prohibiting human trafficking is the so-called ‘Palermo Protocol’ instituted by the UN. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, was adopted by General Assembly resolution 55/25 in 2000 and entered into force on 25 December 2003. It is the first global legally binding instrument with an agreed definition on trafficking in persons, intended to facilitate efficient international cooperation in investigating and prosecuting trafficking in persons cases.

An additional objective of the Protocol is to protect and assist the victims of trafficking in persons with full respect for their human rights. As of April 2010 the Protocol has 117 signatories. The UN has also launched a dedicated initiative to suppress human trafficking, known as UN. GIFT (The UN Global Initiative to Fight Human Trafficking). UN. GIFT works with all stakeholders – governments, business, academia, civil society and the media – to support each other’s work, create new partnerships and develop effective tools to fight human trafficking. egal definition of trafficking Article 3 of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons defines human trafficking as follows: “Trafficking in persons is the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the 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. ” It is exploitation, not movement, that is the most crucial and the most shocking element of human trafficking. SPOT THE SIGNS Anyone can help prevent human trafficking by learning how to identify a victim of trafficking, and knowing how to report it.

This is especially important if you work in a job where there is a likelihood of coming across victims. Such professions might include: health worker, policeman, government official, flight attendant, train attendant, border guard, school-teacher, hotel employee, and others. Whoever you are, know what to look for, and be aware. Signs that an individual may have been trafficked: * Evidence of being controlled, evidence of inability to move or leave job * Bruises or other signs of physical abuse * Fear or depression Not speaking on own behalf and/or not speaking local language * No passport or other forms of identification or documentation Other things to look out for: * Domestic employees who are not allowed to leave the house and have no private space * Sex workers who are closely guarded by a pimp, and unable to keep any of the money they earn * Children begging on the street showing signs of being abused and controlled * Minors travelling alone, or with adults who do not appear to be their parents * Young girls at airports, train stations, truck stops or border points who appear scared and solated, or seem to be controlled by older men * Farm or factory labourers who appear to live together and be moved around as a group, or who work in unsafe conditions If you think you have identified a case of human trafficking, call the police or our hotline on 1903 STAY AWARE. LEARN THE SIGNS. KNOW WHAT TO DO IF YOU SPOT THEM. If you are a professional who has come across a suspected victim in the course of your work, be aware that many people who have been trafficked will not identify themselves as victims, and may not even be aware that they have been trafficked.

Rather than asking them outright, the following questions may help to determine whether or not the person has been trafficked: * What type of work do you do? * Are you being paid? * Can you leave your job if you want to? * Can you come and go as you please? * Have you or your family been threatened? * What are your working and living conditions like? * Where do you sleep and eat? * Do you have to ask permission to eat/sleep/go to the bathroom? * Are there locks on your doors/windows so you cannot get out? Has your identification or documentation been taken from you? MONGOLIAN GENDER EQUALITY CENTER The Mongolian Gender Equality Center (MGEC) was established in 2002 as a non-profit and non-governmental organization dedicated to defending human rights and creating a fair and equal society for all. MGEC works to prevent the continuing spread of human trafficking, protect the victims of exploitation and discrimination, and advocate for gender equality. MISSION

Our mission is to combat trafficking in persons, to provide victims of trafficking (VoTs) with repatriation, rehabilitation and reintegration and to undertake gender equality advocacy, liaising with Government and civil society. GOALS * To fight against Human Trafficking, with the long-term goal of eradicating it * To lobby for improvements in the legal environment and social services  for victims of trafficking, and victims of gender-based violence and rape * To promote gender equality at all levels of society PHILOSOPHY Human trafficking is a form of modern-day slavery * Discrimination against women increases the number of gender-based crimes against them * Everything we do should be devoted to the improvement of society * We will not stand in line with any kind of discrimination (age, sex, education, property, social status, ethnicity, race etc) * We will respect the value of individuals and society in our work * We will treat our clients with compassion and understanding whilst maintaining their right to confidentiality PARTNER ORGANIZATIONS

Over the years MGEC has built strong partnerships with various domestic and international organizations and government bodies, and is currently a member of a number of anti-trafficking coalitions. DOMESTIC ORGANIZATIONS Ministry of Social Welfare and Labour Ministry of Justice and Internal Affairs Ministry of Foreign Affairs State Centre of Civil Registration and Information General Police Department Border Protection General Board Human Security Policy Studies Centre National Centre for Children Metropolitan Youth Agency Centre of Population Study and Research at the National University of Mongolia  Centre for Human Rights and Development

Mongolian Women’s Fund National Centre Against Violence Dulguun Fund Ger Initiative Nisora Fund Dureen Sanaa Foundation, etc MGEC HISTORY MGEC was founded on January 4th 2002 with the aim of combating human trafficking, violence against women and gender inequality through three programs: Victim Protection, Trafficking Prevention and Gender Equality. In March 2007, following a new coalition with the International Organisation for Migration (IOM), the organization was able to expand its Victim Protection service,  providing a full, multidisciplinary repatriation and rehabilitation service.

Prior to 2007, the organization was limited in its capacity to assist VoTs. Between March 2007 and January 2010, 143 VoTs aged between 8 and 49 years old were successfully repatriated from a number of countries with the help of the center and assistance by various police departments and government bodies. The organisation also runs a general Migration Assistance program, helping repatriate Mongolian migrants. In November 2007, MGEC opened the full time shelter in Ulaanbaatar, and although at first it encountered problems surrounding maintaining the confidentiality of its residents, the shelter has since provided a safe haven for over 90 VoTs.

In December 2008, a small Drop-In center, funded by the Prague International Organisation for Migration and the Swiss Agency for Development and Cooperation, was established at the border town of Zamiin-Uud in the Mongolian Dornogobi province. Many victims are trafficked by rail through Zamiin Uud to the border town of Erlian in China, where they are sold as prostitutes. Since February 2009, the center, which only has the capacity to house 3 VoTs at a time, has provided accommodation for 25 clients.

The organization currently has 10 full time staff including the Director of MGEC, Legal Consultant, Psychologist, Social workers, Medical Nurse, and External Relations Officers in the Ulaanbaatar shelter, and the Zamiin Uud Drop-in center. In addition, there are 20 part-time contractual staff, such as lawyers and legal advocates, and various interns at certain times of the year. VICTIM PROTECTION PROGRAM The aim of this program is provide the VoTs (victims of trafficking) with a comprehensive service designed to assist their reintegration into society, hrough psychological counseling, vocational training, protection and legal aid. In 2007 MGEC initiated the “Direct Assistance to Victims of Human Trafficking Program” with assistance from the International Organization for Migration and the Swiss Agency for development and Cooperation. Since then the program has provided 272 VoTs with assistance. REPATRIATION * We repatriate VoTs from abroad, co-operating with NGOs, government and police departments, and international organizations. * We provide a safe shelter, food, clothing and medical aid during the transitional period.

There are two shelters currently in existence, one in Ulaanbaatar, and another in the border town of Zamiin-Uud Between its opening in November 2007 and January 2010, the shelter in Ulaanbaatar has provided accomodation and support to 90 VoTs, staying for a combined total of 5,594 days. Each VoT is able to stay for up to 6 months, and is provided with psychological counselling, group support sessions, training in various practical skills including cooking, sewing, making jewlery, handicrafts and products from felt, basic computer skills, and lessons in English.

They also recieve medical treatment, food clothing and toiletires. REINTEGRATION * We offer psychological counseling and therapy to victims * We provide vocational training and an informal educational stipend for the duration of the training and for a month following completion of the course * We provide a fully furnished ger (Mongolian traditional housing). * We provide assistance in job seeking * We offer a free attorney service and legal advice should they decide to take their case to court REHABILITATION * We provide them with assistance in supporting a family We support them in starting small business or family business Up to April 2010, 20 VoTs and their families have benefited from the rehabilitation part of the program. CLIENT QUOTES Puujee “I was very depressed and felt uncomfortable during the prosecution of my case as it took an extended period of time, questions asked by Police officers were intimate and sometimes insulting, and the law enforcements treated me as a criminal and blamed me for what had happened to me. But, I’m very happy that I managed to overcome this challenge with assistance from MGEC.

During the prosecution, sometimes I wanted to give up on my case right in the middle, but MGEC gave me the faith and courage to go till the end. I believe that I could never do it alone without MGEC support. Thank you very much! ” Telmen “My sweet and warm home. I’m always happy to say these words over and over again because I have my permanent and comfortable living place which is always open to me and my loved ones. I have established my own family and I’m very happy with my living state. I would like to say to MGEC that this was my dream that I wanted to realize in life – to have a home.

Thank you very much and I will never forget your assistance! ” When Telmen was repatriated she returned home to her two children to find she was homeless. With the help of MGEC she purchased a ger, set up a small business and is now financially independent and stable. MGEC welcomes support of all kinds: get involved by fundraising, organizing an event or simply donate online HUMAN TRAFFICKING PREVENTION PROGRAM We aim to develop the public’s understanding of Human Trafficking through training, research and the publication of a variety of educational materials. Research

We conduct independent research on a national level investigating public opinion on the cause, risk, and harmful effects of trafficking, and opinions on the legal status of VoTs with regards to improving the system. In addition we conduct research into victims’ experiences in order to help indentify new trafficking networks. Training We provide a number of training programs targeted to different groups, from government bodies and police departments to University high school students. Training covers current issues surrounding trafficking, the legal status of its victims, and how to identify a possible case of trafficking.

Publications We have published a number of handbooks for NGOs, students, university professors and the general public, covering material from a basic introduction to trafficking to an in depth review of the current issues. Advertisements/Promotions We aim to educate the general public on the risks of trafficking through press articles and TV interviews. MGEC recently produced a short documentary film based on victim testimonies to be used for training purposes. Hotline – +976 1903 We provide a 24 hour hotline service for the cost of a landline.

This provides information on traffcking prevention, counseling for VoTs, and advice for those going abroad to work or study. Hotline – +976 11 70111112 We provide an additional hotline dedicated to those entering into a Korean marriage. Information on the culture, language, customs and important legal restrictions regarding marriage is provided. Campaigns We organise campaigns distributing information to at-risk groups, and general public awareness campaigns. MGEC welcomes support of all kinds: get involved by making a donation, or organizing an event. GENDER EQUALITY PROGRAM

MGEC also fights for the equal status of men and women across all levels of society, in legal terms, socially and culturally. * We provide information and education on gender equality for all ages, from kindergarten to University * We have created a gender studies curriculum implemented in universities and secondary schools * We conduct training and research to spread awareness and promote change * We aim to contribute to the drafting of a new gender equality law MIGRATION  ASSISTANCE PROGRAM There are numerous crimes hiding behind an unauthorized stay or illegal immigration into a foreign country, one of which is human trafficking.

As such, since 2008 MGEC and the International Organization for Migration (Czech Republic, Poland, and Ireland), have cooperated in order to facilitate the reintegration of migrants to their country of origin and promote voluntary return. The program is included under the scope of IOM’s Assisted Voluntary Return Programme. To date, MGEC and IOM have assisted 18 voluntary returnees through the Reintegration Process by providing 600-2,000 Euro to run a small business or attend trainings tailored according to the returnee’s preferences, existing resources and opportunities.

Additionally, MGEC provided arrival assistance and free legal counseling to over 40 Mongolian returnees from various countries. (April 2010) Source: issues and challenges in mongolia In 1992, a new Constitution was adopted establishing rights that have since been incorporated into domestic laws. This constitution established the right to travel and this, coupled with the social and economic dislocation, has resulted in a dramatic increase in Mongolian’s mobility. Over the past decade, the number of Mongolians studying and working abroad has grown from negligible numbers to an estimated 100. 00 people. There has similarly been an increase in domestic migration from rural to urban areas. There is a general belief that going abroad is the best way to improve living standards as well as quality of life. According to the migration to abroad, marrying foreigners is increasingly becoming a common strategy used by Mongolian women move to abroad. Marrying foreigners is increasingly becoming a common strategy used by Mongolian women move to abroad. There is a general belief that going abroad is the best way to improve living standards as well as quality of life.

Here are some common ways Mongolian women are able to live abroad: – finding work with the help of a broker agency – Visit as tourist /this is less common due to financial resources/ – Study -Through international marriages – having a child with a person from the country that the woman wants to live in There is no gurantee in regards to safety and danger because most broker agency and individuals don’t have agreement between other country’s broker agencies. There are no agreements in place with the husbands or the broker agencies and the women are not informed enough to require it.

Also, women don’t have sufficient understanding about their future husband and don’t know husbands’ criminal record. There is no data how many women returned and how many women divorced. Also they don’t have information regarding the number of women that have made complaints back to the broker agencies as well as how they solve the issues. There is not any documented feedback from the women either. 1. Legal framework At present, there is no legislation and regulation regarding marriage through a broker.

National Plan of Action on Commercial Sexual Exploitation and Trafficking Although, Mongolia do not ratified in against transnational Organized crime United Nations Protocol “Optional protocol to the Convention on the Rights of the Children, on the Sale of Child”, approved the National Plan of Action on Commercial Sexual Exploitation and Trafficking of children and women in 2005. In a way, it was one of the steps to prevent, protect and eliminate trafficking women. The Government does not understand international marriage as a form of trafficking.

Source: Current situation of trafficking in person and relevant legislations in Mongolia internet : “Trafficking in persons” is defined as the recruitment, transportation, transfer, harboring or receipt of persons, by means of the 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 includes forcing people into prostitution or other orms of sexual exploitation, forced labor or services, slavery or practices similar to slavery and servitude and abduction of organs. n Mongolia the following forms of trafficking in persons are commonly committed; ? Sexualexploitation ? Forcedlabour ? Engagementinforcedlabourorservitudethroughafalsemarriagewithaforeigner 64, 5 % von 62 Opfern, die nach Hause zruckgekehrt sind waren Opfer in China. Die Staat oder Regierung hat keine rechtliche oder auch gesundheitliche Unterstutzung an die Opfer geleitstet, geschweige von der Rehabilitationsleistunstungen.

Nach statistischen Angaben, gibt es ungefahr 400 im Alter von 17-38 mongolische Prostituierte in Hong Kong und Makao. Es ist jedoch ungewiss, wie hoch der Anteil von Menschenhandelopfern davon beteiligt sind und wer die Sexarbeit auf freiwillige Basis tut. Nach Angaben des Informations- und Untersuchungszentrums der General Polizeiabteilung in der Mongolei, wurden im Jahr 2006 6 Falle von Menschenhandel untersucht und 2 davon wurden weiter an Gerichstverfahren vorgegangen. Die Falle, wo die junge Frauen zur Sexarbeit gezwungen werden, oder viel weniger als vereinbart fur ihre Dienste bezahlt werden, verbreiten sich immer mehr.

Zwischen 2006-2007 wurden nur 2 Falle gerichtlich verfolgt und die Tater bekamen Haftstrafe von 10 Jahren und 1 Monaten bis 10 Jahren und 10 Monaten. 2. Soziale Faktoren, die Menschenhandel in der Mongolei begunstigen: Durch die steigende Arbeitslosigkeit und wachsenden Armut, werden sehr viele Leute schnell zur Beuten von Menschenhandeltater. Sie werden meist durch falsche Versprechen von diversen Werbungen verlockt. Viele Opfer sind sogar bereit fur Vermittlungen zu bezahlen um die versprochene gutbezahlte Stellen im Ausland zu bekommen.

Mannlichen Opfer von Menschenhandelbande werden als Sklaven im Ausland ausgebeutet und weiblichen werden zur sexuellen Ausbeutung gefangen. Meistens werden aufgrund von Armut und Naturkatatstrophen interne Fluchtlinge Opfer von Gewalt und Ausbeutung. 3. Gesetze zu Menschenhandel Auf der nationalen Ebene wurden positive Fortschritte gemacht: Im Jahr 2008 wurde dank der Bemuhung und Unterstutzung von Zentrum fur Menschenrechte und Entwicklung (CHRD) im Zusammenarbeit mit anderen NRO und Regierungsorganoationen der Artikel 113 vom Strafgesetzbuch zur Befriedigung von internationalen Regelungen an Menschenhandel geandert.

Das Oberste Gericht der Mongolei hat zum Artikel 113 des Stafrgesetzbuches eine offizielle Aussage erteilt. Am 16. Mai 2008 hat der State great hural der Mogolei einen Erlass zur Ratifizierung der UN convention against transnational organized crime und the protocol to prevent, suppress and punish trafficking in persons especially women and children erteilt.

Trotz einiger Fortschritte mit Programmen auf der nationalen Ebene ist die Arbeit von der Regierung bei der Umsetzung von effektiven Implementierung von diesen Programmen als langsam zu bezeichen: * Es gibt keinen Gesetz zur Rehabilitation und Entschadingung von psychologischen Schaden fur Menschenhandelopfer: Neben psychologischen Depressionen und Trauma, leiden Menschenhandelopfer unter ernsten gesundheitlichen Folgen. Allerdings durch den Mangel von relevanten Gesetzen, fehlt den Opfern eine Moglichkeit auf eine Entschadigung. Opfer haben Schwierigkiet wieder in ein normales Leben zuruckzukehren: Ohne Zugang zur Rehabilitationsservice, fallt den Opfern schwer ein normales Leben wieder aufzufangen oder gar furs Leben zu kampfen. Es besteht au? erdem Gefahr, dass die wieder zum Opfer fallen Zur Theorie Konstruktivismus: Einfuhrung in die internationale Politik Krell: Seite 78. Der K. verflgt drei drei Anliegen. : * Zum einen betont er das Wechselverhaltnis zwischen kollektivem Handlen und sozialen Strukturen. * Zum zweiten_ Ideen spielen eine viel starkere Rolle, als er die traditionalistische Gro? heroien wie R. ; L. M wahrhaben wollen. Das beginnt mit einer einfacher wahrnehmung der au? eren Realitat, die uns nicht einfach so zur Verfugung steht, sondern nur durch Interpretationen erfahrbar wird und fur uns einen Sinne bekommt, der uns zum Handeln befahigt. D. h. die Ideen steuern neben Interessen das politische Handeln von Kollektiven. Aus dem wechselverhaltnis einerseits und der Bedeutung von Ideen andereseits ergibt sich, dass Interessen nicht etwas ein fur allemal Vorgegebenes sind, sonderen dass sie sich in der Kommunikation verandern konnen. * Drittens, misst der K. ulturellen Faktoren, insbesondere Normen, eine gro? ere Beduteung bei als irgendwo anders. Interessen und Strukturen konnen nicht als universal und dauerhaft unterstellt werden, sondern in ihren jeweiligen historischen und sozialen oder nationalen kulturellen Kontext eingebettet sind und nur so verstanden konnen und auch relativiert werden mussen. Normen und Regeln haben eine regulative(rational. Institutionalismus) UND eine konstitutive Funktion, d. h. sie ermoglichen ein Selbstverstandnis in der Relation zu anderen und damit sozialen handeln. Hier gibt es ein Element von normativen Institutionalismus.

Child labour In Mongolia: Source: http://www. unhcr. org/refworld/country,,USDOL,,MNG,,48caa4803c,0. html Child prostitution is a problem in Mongolia. One NGO reported that during the last 4 months of 2007, at least three underage girls were kidnapped in Ulaanbaatar and forced into sex work. There were reports of children trafficked internally for commercial sexual exploitation, as well as for labor exploitation. 2310 The Constitution prohibits forced labor of children,2318 and forcing a child to work is punishable by imprisonment of up to 4 years or fines. 319 Labor inspectorates are in charge of enforcing these prohibitions, in addition to other labor regulations. Although these inspectors have the availability to force people to immediately comply with labor laws, enforcement was limited due because of the low number of inspectors and the increasing number of independent enterprises. 2320 Trafficking of a minor is punishable by imprisonment of 5 to 10 years; if committed by an organized group, the term of imprisonment increases to 10 to 15 years. 321 However, contacts within the Government have acknowledged that legal provisions regarding trafficking are weak and need to be amended. 2322 Production and dissemination of pornographic materials involving a person under 16 years is punishable by imprisonment of 1 to 3 months or fines. Inducing a child below the age of 16 years to engage in these crimes is also punishable by a fine or by imprisonment of 3 to 6 months. 2323 Involving a minor in prostitution is also illegal, punishable by fines or 1 to 3 months of incarceration.

If the crime is committed repeatedly or through the use violence or threat, the punishment is a prison term of 3 to 5 years or fines. 2324 The minimum age for military conscription is 18 years. 2325 Despite the existing legislative measures to protect children’s rights, the U. N. Committee on the Rights of the Child has expressed concern about the insufficient number of implementation measures and some contradictory provisions of domestic laws that leave children without adequate protection, including the ability of children to engage in work before reaching the compulsory school leaving age. 326 In addition, international organizations and human rights groups are expressing concern about the use of child jockeys in horse racing. The U. N. has requested that the Government ban the employment of children under16 years as horse jockeys, but by the end of 2007 the Government had still not taken any such action. 2327 In the 2006-2007 reporting period, the Government did not prosecute any trafficking offenses or convict any trafficking offenders. This marked a decline from the previous year when five cases were prosecuted and one case convicted. 328 Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor The Government of Mongolia is implementing the National Program for Child Development and Protection (2002-2010). 2329 The Mongolian Government has also approved the National Program on Protection from Trafficking of Children and Women with the Purpose of Sexual Exploitation, to support implementation of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography. 330 Mongolia is currently participating in a USDOL-funded USD 2. 9 million ILO-IPEC project, the Mongolia Timebound Program, which is set to run through 2009. The project is designed to strengthen the country’s ability to take action against the worst forms of child labor, and to develop an area-based intervention model at the local level, targeting children at risk or engaged in the worst forms of child labor; specifically, children involved in mining, commercial sexual exploitation, work in dumpsites or marketplaces, herding, and domestic work. 331 The project aims to withdraw 2,700 children and prevent 3,300 children from the worst forms of child labor. 2332 In addition, under the Timebound Program, the IPEC Program Unit of the ILO is helping to provide child victims with physical and emotional rehabilitation and reintegration services through the Adolescent Development Center. An NGO also implemented a program for preventing, protecting, and rehabilitating disadvantaged girls from sexual exploitation. 2333 Since 2001, about 400 girls have been involved in this program. 334 The Government also provided continued assistance to children who were victims of commercial sexual exploitation through support of a police program that encourages the re-entry of exploited children into school. It also began working with IOM on a program to help with the repatriation of victims through counseling and other services. 2335 IOM, with help from other NGOs, provided trafficking-related training to police, immigration officials, and various ministry officials. 2336

Cite this The Role of Ngos Combating Human Trafficking

The Role of Ngos Combating Human Trafficking. (2016, Dec 25). Retrieved from https://graduateway.com/the-role-of-ngos-combating-human-trafficking/

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