Human Trafficking as a Violation of Human Rights: Obligations and Accountability of Mongolia

Abstract

This article aims to fill the gap in the academic literature on the application of a rights based approach to the issue of human trafficking in Mongolia. A rights based approach is adopted to determine the international legal obligations of Mongolia to combat human trafficking under international human rights law. In this article, such an approach will be used in order to assess the extent to which Mongolia is fulfilling its obligations to prohibit human trafficking, to investigate, prosecute and punish traffickers, to protect victims of trafficking and to address the causes and consequences of trafficking. I conclude by recommending legislative amendments such as the prohibition of the business of brokering marriages with foreigners as a loophole in recruiting more victims, ratifications of the Refugee Convention and its Optional Protocol to effectively apply the principle of non-refoulement to the victims, seizing the assets of the traffickers to be used to compensate victims, and expanding international cooperation with the destination countries of Mongolian victims of human trafficking, as necessary steps to improve Mongolia’s current approach human trafficking.

JEL Classification: K33