MONGOLIA
In 1992, after the fall of the Communist
regime, Mongolia
established itself as an independent country, with a multiparty
democracy and
an independent judiciary. In the last 20
years, this very poor country has undergone some very dramatic changes. The majority of Mongolians now live in urban
areas, particularly the capital, Ulaanbaatar, which is home to almost
one half
of the country's estimated 2.8 million people. Although
the historic nomadic pastoral lifestyle is
ending, the
country has tremendous mineral wealth, which is and will be exploited
by many
international mining companies.
As the country develops, it is very
important
that mining
activities will be conducted responsibly and that the Mongolian people
will
benefit from the development of these resources, rather than have the
mines
developed solely for the profit of multinational corporations. The Center for Human Rights and Development,
a Mongolian NGO, was established to advocate for the public interest,
particularly with respect to issues pertaining to environmental
protection and
fighting human trafficking. CHRD has
been engaging in public interest litigation in Mongolia,
and has been able to
establish itself as a credible advocate for the public interest in the
country.
Peter was fortunate enough to go to Mongolia
to
work for CHRD as a legal advisor from May 23 to July 8, 2011. He helped to establish the first legal clinic
in Mongolia
for law students to work on public interest litigation, and conducted a
training program for Mongolian lawyers in public interest litigation. In addition, he acted as a de facto advisor
to the group on a variety of issues, particularly pertaining to
environmental
litigation. His blog,
www.peterinmongolia.blogspot.com, contains a contemporaneous
description
of his
activities. (The photograph was taken during a presentation made with
Dan Werner (on the right), a lawyer sent by the ABA to conduct a
conference on combatting human trafficking - Dan and Peter reenacted
the trial testimony of a psychologist regarding the proof of damages)
It was a fascinating experience; the
Mongolian legal system
is a civil law system but Peter was amazed at the similarities between
the
legal issues that Mongolians face and the legal issues in the United States. Mongolia, which is just
beginning
to develop its legal systems, has an opportunity to do many things
right from
the beginning, particularly with respect to certain environmental and
civil
rights issues. On the other hand, there
are certain limitations in the Mongolian system, such as the lack of
clearly
established norms pertaining to principles of common law tort, which
are very
frustrating for an American lawyer.
Peter hopes to continue to work with the new
friends and
colleagues he met with Mongolia,
and to be able to make a meaningful contribution to the continuing
efforts of
Mongolian public interest lawyers.
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