counsel with a right to challenge the grounds advanced against them. The findings of the
Advisory Body should be made binding on the Minister.
Mongolia
Mongolia is a party to the ICCPR,221 First Optional Protocol,222 CAT,223 CRC224 and
CERD.225 Mongolia is not a party to the Refugees Convention but in the second CounterTerrorism Report, Mongolia stated that at the time of writing (October 2002) it was
considering the issue of accession to the Convention.226
Mongolia has ratified the following Conventions on Terrorism:
•
Montreal Convention;
•
Nuclear Material Convention;
•
Protocol to the Montreal Convention; and
•
Plastic Explosives Convention.
Article 10 of the Constitution of Mongolia 1992 in relation to treaties states:
2) Mongolia adheres to the universally recognized norms and principles of international law and
pursues a peaceful foreign policy.
3) Mongolia fulfils in good faith its obligations under international treaties to which it is a Party.
4) The international treaties to which Mongolia is a Party become effective as domestic legislation
upon the entry into force of the laws on their ratification or accession.
5) Mongolia may not abide by any international treaty or other instruments incompatible with its
Constitution.
The Constitution also provides explicitly for a number of rights and freedoms and procedural
safeguards:
221
Mongolia ratified the ICCPR on 18 November 1974.
222
Mongolia acceded to the First Optional Protocol on 16 July 1991.
223
Mongolia acceded to CAT on 24 January 2002.
224
Mongolia ratified the CRC on 6 July 1990.
225
Mongolia ratified CERD on 6 August 1969.
226
Counter-Terrorism Committee Report - Mongolia, Security Council, S/2002/1152, 15 October 2002, p.6.
107