"The Committee is concerned that, while chapters 46 and 47 of the Code of Criminal Procedure
regulating the extradition of foreign citizens or stateless persons who have committed crimes
or have been sentenced to punishments in the territory of a foreign country provide for grounds
for refusing extradition, they do not cover instances related to sufficient grounds to consider
the risk of torture and that bilateral and multilateral extradition agreements concluded by the
State party may not respect the principle of non-refoulement (arts. 2, 3 and 16)."10
15. In a report of 30 May 2013, the Special Rapporteur on Extreme Poverty and Human Rights
recommended that Mongolia improve the registration procedure for rural migrants to peri-urban
settlements, and for internal migrants in urban areas, to ensure that they are not prevented from
accessing basic services because of a protracted registration process.11 The Special Rapporteur
also recommended that Mongolia accede to the 1954 Convention Relating to the Status of
Stateless Persons and the 1961 Convention on the Reduction of Statelessness, and urged Mongolia
to undertake a comprehensive review of national legislation and policies in order to prevent and
reduce statelessness.12 Finally, the Special Rapporteur recommended that Mongolia:
"resolve the issue of statelessness, in cooperation with the Office of the United Nations High
Commissioner for Refugees (UNHCR), through improved registration of persons who previously
held Mongolian nationality and expedite procedures for (re-)acquisition of Mongolian
nationality".13
Mongolia's Legal Framework
16. Citizenship in Mongolia is governed by the "Law of Mongolia on Citizenship" (LMC), the
Constitution of Mongolia (Constitution) and various other legislative provisions.
17. Article 3 of the LMC provides that those who are considered to be Mongolian citizens are:
I.
the persons who were citizens of Mongolia on the day the LMC commenced;
II.
those who were citizens on 11 July 1921 and have not lost it since; and
III.
persons who became citizens in accordance with the LMC.14
18. While residence abroad or marriage to a foreigner does not impact on the nationality rights of
Mongolians, dual citizenship is prohibited under Article 4 of the LMC. Consequently acquisition of
another citizenship results in the loss of Mongolian citizenship.
19. Should a foreigner wish to become a Mongolian citixen, they must first renounce their current
citizenship/loyalties. If the particular foreign nation's laws also prohibit dual citizenship and
provide that the citizenship will be void on the acquisition of another citizenship, cessation may
10
UN Committee against Torture, Concluding observations on the second periodic report of Mongolia, 58th sess, UN Doc
CAT/C/MNG/CO/2 (5 September 2016) p10.
11 Ibid, pp 20 and 22.
12 Above n 24, p21.
13 Ibid.
14 Law of Mongolia on Citizenship (as amended on 7 December 2000, 5 June 1995 Article 3.
4