Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE

Transcription

1 Refugee Review Tribunal AUSTRALIA RRT RESEARCH RESPONSE Research Response Number: MNG17738 Country: Mongolia Date: 23 December 2005 Keywords: Mongolia Christians State protection Torture This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Question What is the situation regarding Christians in Mongolia? RESPONSE What is the situation regarding Christians in Mongolia? The response addresses the treatment of Christians first followed by a brief section on state protection. Treatment of Christians Mongolia used to be the second largest stronghold of the Buddhist religion. However, with the arrival of Communists in the 1920s, the religion was severely repressed. When the rule of Communism ended in 1990, other religions flocked in, including more than 40 mostly Christian churches and cults ( The Land Of Nomads: Blue Mongolia 2003, Mongolia Today Online, 9 January Attachment 1). The US Department of State s International Religious Freedom Report 2005 Mongolia, provides this overview of the situation for Christians: The Constitution provides for freedom of religion, and the Government generally respects this right in practice; however, the law limits proselytizing, and some religious groups face bureaucratic harassment or are denied registration. There is a small number of Christians, including Roman Catholics, Russian Orthodox, and members of some Protestant denominations. There are no nationwide statistics on the exact number of Christians. The number of citizens who practice Christianity in the capital, Ulaanbaatar, is approximately 24,000, or 3 percent of the registered population of the city.

2 Although there is no state religion, traditionalists believe that Buddhism is the natural religion of the country. The Government has contributed to the restoration of several Buddhist sites that are important religious, historical, and cultural centers. The Government otherwise does not subsidize the Buddhist religion (US Department of State 2005, International Religious Freedom Report 2005 Mongolia, 8 November Attachment 2). The October 2005 UK Home Office report on Mongolia provides this summary of the situation for Christians in Mongolia: Christians 6.29 As reported by the BBC on 31 July 2003, Evangelical Christianity is growing in popularity, especially amongst the young. [10b] 6.30 As reported by the NGO Forum 18 in their Religious Freedom survey, December 2003: Although Christianity takes the same place in Mongolian society as unfamiliar new religious movements do elsewhere in the former Eastern bloc, Forum 18 has found that, for the most part, Christians are able to worship and witness there conspicuously without impediment Evidence of this is the estimated 120 registered and unregistered Protestant churches in the capital city of Ulaanbaatar (population approximately 800,000), most of which were founded by western and South Korean missionaries over the past 13 years. [25] Protestants 6.31 As reported by the same source: Protestant representatives report few obstructions to their social ministry in state institutions such as prisons, childrens homes or hospitals once local officials are familiar with their work. While Christian literature in Mongolian commonly printed in Japan might sometimes be detained by customs officers for a time (as was a consignment of 10,000 Bibles in 1997), it has never been confiscated. There appears to be no provision for organised worship within the armed forces or exemption from military service for clergy, but one military colonel pointed out that this is only for one year and easy to evade. [25] Catholics 6.32 The same source also noted, The Catholic Church Mission in Mongolia analogous official titles for which would be unthinkable in both Russia and China is able to maintain a significant presence, especially considering the country s relatively small population (2,680,000). The same source also noted that the late Pope John Paul II held an open invitation to visit Mongolia. [25] 6.33 As reported by Worldwide Religious News (WWRN) on 18 August 2003, [Pope] John Paul II has named Father Wenceslaw Padilla, of the Congregation of the Immaculate Heart of Mary, as the first bishop of Mongolia. [26] (UK Home Office 2005, Mongolia Assessment, October Attachment 3). In respect of government control of the operation of religious organisations the US Department of State s International Religious Freedom Report 2005 Mongolia, states: Under the law, the Government may supervise and limit the number of places of worship and clergy for organized religions; however, there were no reports of this occurring during the period covered by this report. The registration process is decentralized with several layers of bureaucracy. Registration in the capital may not be sufficient if a group intends to work in the countryside where local registration also is necessary. Some groups encountered harassment

3 during the registration process, including demands by midlevel city officials for financial contributions in return for securing legal status. When registration was completed, the same authorities threatened some religious groups with withdrawal of approval. In general, it appears that difficulties in registering primarily are the consequence of bureaucratic action by local officials and attempts to extort financial assistance for projects not funded by the city. There are 328 registered places of worship in the country, including 191 Buddhist, 127 Christian, 5 Baha i, and 5 Muslim. During the period covered by this report, 14 new Christian churches were registered in Ulaanbaatar. Some of these organizations had been active and pursuing registration since Some Christian missionary groups were still in the process of registering with the Ministry of Justice and Home Affairs during the period covered by this report. The process is protracted for some groups, but others are registered quickly. During the period covered by this report, 27 new Christian congregations sought to register in Ulaanbaatar, 13 of which were denied registration. City authorities asserted that they withheld registration because in some cases these churches operated illegally prior to seeking registration, by failing to report and pay tax obligations. According to a non-governmental organization (NGO) report, officials stated that the 60 Christian churches registered in Ulaanbaatar were sufficient (US Department of State 2005, International Religious Freedom Report 2005 Mongolia, 8 November Attachment 2). The Mongolia: Religious Freedom Survey, December 2003, provides these further comments on government regulation of religious organisations: Mongolia s 1993 law on religion is largely benign and straightforward. Its clearly restrictive provisions state control on the absolute number of Buddhist monasteries and monks, a ban on the organised introduction of foreign religions from outside Mongolia and state preference for Buddhism are reportedly not enforced, and registration is not compulsory for religious organisations. (See F18News 11 December 2003http:// le_id3d210 ). This is not to say that significant violations of religious freedom never occur in Mongolia, however. Protestant representatives told Forum 18 of several recent incidents in which unregistered churches were threatened or fined apparently because they did not have registration as well as a widespread tendency by state authorities to demand random fines or donations from churches. No regions appear to be particularly better or worse in this regard, however, since much depends upon the attitude of individual council members, who are not legally obliged to be neutral in religious matters, unlike state officials. There is also rising social concern about the activity of Christians in the country, particularly due to a belief that they advocate suicide, and this has already resulted in allegedly Buddhist-backed initiatives to toughen the 1993 religion law. None of these has succeeded so far. (See F18News 8 December [part 2] ). Protestant representatives themselves maintain, however, that existing obstructions are due to arbitrariness and not to ideologically based state policy. Political and cultural representatives in Ulaanbaatar explained to Forum 18 that the militant atheist drive of the 1930s although ferocious had little effect upon the Mongolian psyche. One Russian Buddhist in the capital similarly remarked upon the lack of Sovietness (sovkovost ) in Mongolia compared with his homeland. Thus, the religious freedom situation in Mongolia should be seen against a general background of its society s non-aggressive, outward-looking attitude (Fagan, G. 2003, Mongolia: Religious Freedom Survey, December 2003, china.infodoc@online.be, 17 December (source: Forum 18 News, 15 December 2003) Attachment 4).

4 The US Department of State s International Religious Freedom Report 2005 Mongolia, also notes there has been some resentment against the rapid growth of some religious organisations, in particular to the methods employed to gain converts. This report suggests there has been some stricter enforcement of the laws since the 1993 report in the preceding paragraph. The report states: While the law does not prohibit proselytizing by registered religious groups, it limits such activity by forbidding the use of incentives, pressure, or deceptive methods to introduce religion. A Ministry of Education directive bans mixing foreign language or other training with religious teaching or instruction. Monitoring of the ban, particularly in the capital area, is strict. However, there were no reported violations of the ban in recent years. Religious groups that violate the law may not receive an extension of their registration. If individuals violate the law, the Government may ask their employers to terminate their employment....the generally amicable relationship among religions in society contributed to religious freedom. Citizens generally are tolerant of the beliefs of others, and there were no reports of religiously motivated violence; however, because in the past humanitarian assistance was accompanied by proselytizing activity, there has been some friction between Christian missionary groups and citizens. Some conservatives have criticized foreign influences on youth and children, including foreign religions and the use of incentives to attract believers (US Department of State 2005, International Religious Freedom Report 2005 Mongolia, 8 November Attachment 2). Within the sources consulted, one instance of a sentence being handed down for proselytising was located. A Christian news source reported the conviction of a Mongolian Christian on charges of distributing religious propaganda in According to the news source, a thirteen year sentence was handed down by Mongolian authorities: A Mongolian citizen of ethnic Kazakh descent has been sentenced to 13 years in a prison labour camp in western Mongolia on charges of propagating the Christian faith. Police officials arrested Marat Kojash late last summer on charges of distribution of wrong religious propaganda, saying that only Buddhist and Islamic faiths may be propagated. ( Local Christian given 13 year prison sentence 2000, Compass Direct News Summaries, April 21 Attachment 5). The following are news stories from the past two years on Christians in Mongolia. None of them mention any kind of harassment directed towards Christians. A November 2005 report states that since the fall of communism, Mongolia has become a magnet for Christian missionaries from many denominations (Dalziel, E. 2005, Impact in Mongolia; Missionaries flock to formerly communist nation, South Florida Sun-Sentinel, 5 November Attachment 6). A June 2005 report mentions the baptism of 44 new converts to the Holy Way Church, including children and a Buddhist monk (Million, D.R. 2005, TCC instructor witnesses Buddhist monk conversion in Mongolia, Tulsa World, 22 June Attachment 7). A November 2004 report states that a Christian television station is to open in Mongolia ( Mongolia/USA: US Christian TV station to re-open in Mongolia 2004, BBC Monitoring Media, 18 November Attachment 8). A 2003 article states a Catholic church opened in Ulan Bator three years ago, serving a congregation of 94 (O Clery, C. 2003, Dark Side of Mongolia, Mongolia Today

5 Online, Issue 2, Part 1, 9 January (originally sourced from The Irish Times (undated) Attachment 9). An April 2003 report on a retreat held by Mongolia s sole Catholic parish, notes there are currently has 136 baptized Catholics in Mongolia ( Mongolia s First Retreat in Decades Attracts its Share of Non-Christians Country s Only Parish Shares the Faith 2003, Zenit, 16 April (source: JCS Information Digest, 17 April 2003 Attachment 10). A June 2005 article notes groups of Korean Catholics living in Mongolia have set up two Legion of Mary associations of lay people devoted to prayer, charity work and evangelisation (Hwa-young, T. 2005, Korean Catholics set up two Legio Mariæ groups in Mongolia, Asia News website, 21 June Attachment 11). A July 2004 Sydney research response discusses the generally high level of religious tolerance in Mongolia (RRT Country Research 2004, Research Response MNG16843, 12 July Attachment 12). A July 2003 RRT Research response discusses allegations of threats against Christians from elements in society and Buddhist fanatics in particular, but concludes there is little evidence of systemic discrimination or violence (RRT Country Research 2003, Research Response MNG15955, 3 July, qns 9-10 Attachment 13). State Protection The US Department of State s Country Reports on Human Rights Practices for 2004 Mongolia, relevantly states in respect of torture and detention: The Constitution prohibits such practices; however, while reports of such actions diminished, police (especially in rural areas) occasionally beat prisoners and detainees, and the use of unnecessary force in the arrest process was common. During the year, the Prison Administration completed installation of television monitoring systems in all 22 central prisons, which contributed to a significant decline in the number of prisoners and detainees beaten by guards. The Supreme Court ordered the reinvestigation of the case of five persons who allegedly were tortured in 2000 and 2001 while in pretrial detention. Questions were raised concerning evidence presented at the trial and the absence of legal counsel for the defendants during the early months of their detention. At year s end, the results of the investigation were pending. In general, pretrial detention and prison facilities were poor, providing insufficient food, heat, and medical care, thereby threatening the health and life of inmates. Overcrowding declined in prisons and detention centers. All female prisoners were held separately in one central prison in Ulaanbaatar. In detention centers throughout the country, women also were held separately from men (US Department of State 2005, Country Reports on Human Rights Practices for 2004 Mongolia, 28 February, section 1c. Attachment 14). The US Department of State s Country Reports on Human Rights Practices for 2004 Mongolia, states in respect of arbitrary arrest or detention: The Constitution provides that no person shall be searched, arrested, detained, or deprived of liberty except by law, and these protections have been incorporated into the Criminal Code; however, arbitrary arrest and detention remained problems. General public awareness of basic rights and judicial procedures, including rights with regard to arrest and detention procedures, was limited. Police may arrest persons suspected of a crime and hold them for up to 72 hours before a decision is made to prosecute or release them (US Department of State 2005, Country

6 Reports on Human Rights Practices for 2004 Mongolia, 28 February, section 1d. Attachment 14). A June 2004 report provides information on recent initiatives to promote reforms within the police service ( Mongolia: Forum Hails Progress in Mongolia Police Reform 2004, BBC Monitoring online, 23 June (source: The UB Post web site, 10 June 2004) Attachment 15). In regard to the treatment of rape victims the US Department of State s Country Reports on Human Rights Practices for 2004 Mongolia, states: Rape and domestic abuse are illegal, and offenders can be prosecuted after formal charges have been filed.... Rape, including spousal rape, also was a problem. During the year, the number of reported cases increased nearly 5 percent (US Department of State 2005, Country Reports on Human Rights Practices for 2004 Mongolia, 28 February, section 5 Attachment 14). Previous Sydney research responses provide comprehensive information on the level of corruption and state protection in Mongolia. RRT Country Research 2003, Research Response MNG15955, 3 July, qns 1-3 Attachment 13). RRT Country Research 2002, Research Response MNG15035, 25 March, qn. 1 Attachment 16). List of Sources Consulted Databases: Public FACTIVA Reuters Business Briefing DIMIA BACIS Country Information REFINFO IRBDC Research Responses (Canada) RRT ISYS RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Country Reports on Human Rights Practices. RRT Library FIRST RRT Library Catalogue List of Attachments 1. The Land Of Nomads: Blue Mongolia 2003, Mongolia Today Online, 9 January. (CISNET Mongolia CX71822) 2. US Department of State 2005, International Religious Freedom Report 2005 Mongolia, 8 November. 3. UK Home Office 2005, Mongolia Assessment, October 4. Fagan, G. 2003, Mongolia: Religious Freedom Survey, December 2003, china.infodoc@online.be, 17 December (source: Forum 18 News, 15 December 2003). (CISNET Mongolia CX87336)

7 5. Local Christian given 13 year prison sentence 2000, Compass Direct News Summaries, April Dalziel, E. 2005, Impact in Mongolia; Missionaries flock to formerly communist nation, South Florida Sun-Sentinel, 5 November. 7. Million, D.R. 2005, TCC instructor witnesses Buddhist monk conversion in Mongolia, Tulsa World, 22 June. 8. Mongolia/USA: US Christian TV station to re-open in Mongolia 2004, BBC Monitoring Media, 18 November. 9. O Clery, C. 2003, Dark Side of Mongolia, Mongolia Today Online, Issue 2, Part 1, 9 January (originally sourced from The Irish Times (undated)). (CISNET Mongolia CX71825) 10. Mongolia s First Retreat in Decades Attracts its Share of Non-Christians Country s Only Parish Shares the Faith 2003, Zenit, 16 April (source: JCS Information Digest, 17 April 2003). (CISNET Mongolia CX77041) 11. Hwa-young, T. 2005, Korean Catholics set up two Legio Mariæ groups in Mongolia, Asia News website, 21 June. (CISNET Mongolia CX124091) 12. RRT Country Research 2004, Research Response MNG16843, 12 July. 13. RRT Country Research 2003, Research Response MNG15955, 3 July. 14. US Department of State 2005, Country Reports on Human Rights Practices for 2004 Mongolia, 28 February. 15. Mongolia: Forum Hails Progress in Mongolia Police Reform 2004, BBC Monitoring online, 23 June (source: The UB Post web site, 10 June 2004). (CISNET Mongolia CX96607) 16. RRT Country Research 2002, Research Response MNG15035, 25 March.