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Florida Atlantic University Undergraduate Law Journal

Advisor

Anita Blowers

College

Social Work and Criminal Justice

Keywords

Human Trafficking, Democratic Transition, Post-Soviet Mongolia, Constitutional Reform, Criminal Codes, Legal Trajectory, Qing Dynasty, Anti-Trafficking Laws, Soviet Constitutions, Legal History, Economic Protections, Social Protections, Gender Vulnerability, Criminal Prosecution, Constitutional Recommendations, Foreign Influence, Legal Development, Democratic Reform, Trafficking Prosecution, Legal Erosion, Transitional Justice, Legislative Reform, Women’s Rights, Comparative Law, Legal Modernization, State Sovereignty, Rule of Law, Criminal Justice, Mongolia-China Relations, Mongolia-Russia Relations

Document Type

Article

Abstract

Changes in Mongolia’s constitutions and criminal codes during the democratic transition in the 1990s not only shaped the nation’s vulnerability to the fourth wave of human trafficking but also produced a legal trajectory that distinguishes Mongolia from its post-Soviet neighbors. The nation is unique as their legal history with anti-trafficking laws dates to the 15th century under the Qing Dynasty. Since independence from Qing rule, provisions against certain elements of human trafficking were preserved in Mongolia’s legal codes up to the modern democratic era; the strongest provisions being found within the old Soviet constitutions. However, upon the collapse of the USSR, these provisions eroded away, leaving women without strong economic and social protections going into the 21st century. Consequently, anti-trafficking provisions became the duty of the nation’s criminal codes to develop. Though several barriers remain for effective prosecution, and constitutional recommendations ought to be considered, post-Soviet Mongolia’s capacity to combat human trafficking has grown, allowing the nation to stand out among its larger neighbors, Russia and China. Thus, the democratic transition empowered Mongolia to distance itself away from longstanding foreign influence and craft more comprehensive human trafficking legislation.

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