Legal framework on freedom of religion and actual application
After the collapse of the USSR in 1991, Mongolia tried to restore basic religious freedom. On 13 January 1992, it adopted a new Constitution that nominally guarantees fundamental freedoms, including freedom of religion, and officially upholds the principle of separation between religion and state.
Although the form of Buddhism practised by Mongolians has no official status, the “Law on the Relationship between the State and Religious Institutions” asserts that the government must “respect” Buddhism as the majority religion. This is a position that is justified by the stated need to preserve the unity of the country and to defend Mongolian history and culture. The law also states that respect for Buddhism by the state cannot prevent people from practising religions other than Buddhism.
According to the US Department of State’s 2021 Report on International Religious Freedom, the aforementioned law has not undergone any amendments since it was introduced in 2018, despite the government’s stated intention (made in 2018) to institute a new and more comprehensive legal framework to regulate the relationship between the state and religious groups.
According to the Criminal Code of Mongolia (Article 142), anyone hindering the activities of a religious organisation can be fined from 450,000 to 2.7 million Mongolian tugriks (between approximately US$143 and US$858). If acts of proselytising are found to have been performed by force, pressure, or deception, then the fine would range from 450,000 to 5.4 million tugriks (US$160-US$1,900).
Like in other countries, vague restrictions on proselytising invite abuse, suggesting that Mongolia’s promise to respect religious freedom through its adoption of a democratic form of government and a liberal constitution in the 1990s has not been fully realised.
Religious communities in Mongolia are treated in the same way as NGOs. They must register with a state agency, the General Authority for State Registration. Because the law is unclear about how long registration certificates issued by this body remain valid, it is left to local governments to determine their duration.
In practice, religious organisations are obliged to renew their registration certificates every year by submitting applications to six different administrative bodies at the local and national levels. This process is long, tedious, and unpredictable, as some provinces are more reluctant than others to provide registration certificates.
Another restriction applies to foreign religious organisations, and prescribes that between 25 percent and 95 percent of the employees of such organisations be Mongolian nationals. This percentage varies according to the sector or type of activity. Each year, a list of required percentages is published; most religious organisations are automatically subjected to the maximum quota of 95 percent of local employees. Many religious organisations have objected to this system, as much of their staff and funding originate outside of Mongolia. Unlike almost all other religious organisations with NGO status and a mandatory level of 95 percent local staffing, the Catholic Church has managed to obtain, and respect, a quota of 75 percent.
Article 7 of the Criminal Code also bans any activities that are inhumane and dangerous to the culture and traditions of the people of Mongolia.
Mongolian men aged 18 and 25 must perform one year of military service. However, conscientious objectors on religious or ethical grounds can opt for an alternative, such as service with the General Authority for Border Protection or the National Emergency Management Agency, as well as humanitarian organisations, or provide funding for one year’s training and upkeep for a soldier.
Incidents and developments
In August 2021, ethnic Mongolians in China’s northern autonomous region of Inner Mongolia protested China’s mandatory imposition of the Mandarin language in educational institutions, calling it “cultural genocide”. Many parents consequently refused to send their children to school, which prompted the government to respond with threats and arrests. Critics of this new educational policy say that it violates the Ethnic Autonomous Region Law, which formally guarantees the rights of minority ethnic groups in China.
Under Mongolian law, the head of a religious organisation must be a Mongolian national. Religious communities, especially Christian ones, without a native Mongolian clergy, can own land only if the title deed is held by a Mongolian citizen. Registering religious communities and land titles depends, in part, on the goodwill of the administration. The Central Province, with its strong Buddhist tradition, seems less disposed to allow for the opening of Christian churches, whereas other provinces, such as Erdenet, remain more open to foreigners.
On 28 May 2022, Pope Francis met with an interreligious delegation from Mongolia in order to mark the 30th anniversary of formal diplomatic relations between the Holy See and Mongolia. The Holy Father reflected on the teachings of Buddha and Jesus Christ, noting that both men were “peacemakers and promoters of nonviolence”. Pope Francis welcomed the presence of the interreligious delegation as a “sign of hope”, and trusted that it would promote a healthy dialogue and good relations between Buddhists and Catholics in Mongolia.
On 30 May 2022, the Holy See announced the appointment of Giorgio Marengo, the Apostolic Prefect of Ulaanbataar, to be a new Cardinal. At 47, Card. Marengo is the youngest Cardinal in the Catholic Church.
Four Kapilavastu relics of the Lord Buddha were brought from India to Mongolia on the occasion of Vesak Day (aka Buddha Purnima). These relics, along with the relic of Buddha’s tooth, were put on display on 14 June 2022 at the Ganden Monastery in Ulaanbaatar for 11 days. This marked the return of the relics to Mongolia after 29 years.
Prospects for freedom of religion
Certain aspects of religious freedom appear to be reasonably well established in Mongolia, and in this regard, freedom of religion is much better respected in Mongolia than in neighbouring China. However, economic difficulties and rapid social change have prompted local authorities to distrust religions deemed “foreign” or “new” to the country, such as Christianity, whether Catholic, Orthodox, or Protestant. However, despite institutional and cultural obstacles, as well as the rapid secularisation of Mongolian society, Christian communities in particular continue to expand and consolidate, as evinced by Cardinal Marengo’s appointment. The prospects for religious freedom remain positive.
Endnotes / Sources
Mongolia