Mongolian citizenship
The Mongolian citizenship determines the membership of a person in the Mongolian State Association with the associated rights and obligations regardless of the membership of a "nationality," such. B. the Buryats .
Historical
Outer Mongolia's borders at the time of the Qing Dynasty were fluid because of the nomadic lifestyle of a large part of the population.
Russia and China regulated in the Treaty of Nerchinsk 1689 that they each exercised jurisdiction over their own subjects in the border region. After the fall of the two ruling houses involved, the contested Mongolia was in chaos from 1912 to approx. 1923 until an orderly state could emerge again with the establishment of the People's Republic.
1924 to 1945
As early as October 3, 1924, Mongolia concluded an agreement in Urga that enabled a tribe of the Buryats to renounce Russian citizenship and become Mongolian subjects. A total of around 3,000–4,000 families with a total of 16,100 people took advantage of this opportunity.
The Mongolian People's Republic was proclaimed on November 26, 1924. At that time, after the dissolution of the Far Eastern Republic in Siberia, Soviet power had been firmly established for two years.
National China regarded outer Mongolia and its inhabitants as "autonomous" until 1945, but subject to their sovereignty, even if this was a very theoretical claim in view of the numerous regional warlords and then the Mukden and China incidents . The Soviet-Chinese exchange of notes of August 14, 1945, confirmed by the people's government after the liberation on February 14, 1950, ensured independence. The Mongolian people had already accepted this in a plebiscite on October 20, 1945.
Independent Mongolia
A special nationality law has not been passed for a long time. General family law was followed, so that all children whose parents were both Mongolian citizens (regardless of “nationality”, i.e. tribal affiliation) also became Mongolians at birth. If one of the parents is a foreigner, the child can become a Mongolian with parental consent. If the two do not agree, the child's citizenship follows that of the mother.
On May 20, 1930, April 24, 1937 and August 25, 1958, agreements were made with the Soviet Union to regulate issues relating to dual statehood. In essence, it was determined that the other citizens would only be naturalized with the consent of the other state. The latter treaty gave all dual nationals of legal age a period of one year to opt in.
A decree of January 16, 1959 regulated naturalization formalities, also with reference to the law on civil status registers of August 22, 1950.
Citizenship issues were regulated by law on December 30, 1974 , by the Council of Ministers . An executive order was issued on April 11, 1975.
In the times of the People's Republic, the presidium of the great people's hural decided on questions of naturalization . With the adoption of the new constitution , this competence was passed on to the president, for whom a corresponding department of the central administration handles the processing.
Citizenship Act 1995
A new citizenship law was passed on June 5, 1995. A major change took place on December 7, 2000. The ancestry principle is still followed . Children of two Mongolian parents always become Mongolians. If only one parent is Mongolian, this only applies to births in Mongolia; those born abroad can apply for this. As of 2016, this affected 4880 children.
The point of contact for Mongolian ancestors who inherit their nationality is July 11, 1921.
From 1995 to 2000, children with a foreign parent, foundlings or those of stateless persons had to expressly apply for Mongolian citizenship. Since the new regulation, this group of people has been considered Mongolian with the option of expressly choosing Mongolian citizenship after reaching their 16th birthday, the age of majority.
A decision on naturalization or dismissal applications must be made within six months. They become effective when the relevant documents are issued. Local police and administrative bodies are heard.
Prerequisites for naturalization are five years of legal, harmless residence in the country, good knowledge of culture and language, and a secure livelihood since 2000 (at least ten times the minimum wage). The numerous documents to be submitted also include CVs of parents and grandparents, health certificate (not mentally ill, no TBC or HIV), etc. From 1995 to 2015, 221 naturalizations were carried out.
Naturalizations obtained under false pretenses can be revoked. The President can arrange merit naturalizations without any preconditions.
Dual statehood is not envisaged, but in 2015 around 16,000 Mongolians, mostly wives and children, acquired a second citizenship based on foreign law.
Application for release from citizenship must be submitted to the presidential office. This can be refused for reasons of state reason or (accused) criminals or debtors. Other automatic reasons for loss than when children under 16 years of age change nationality with their parents or are withdrawn. In the first 20 years since this law was promulgated, 59,000 citizens have applied for dismissal from citizenship.
Re-naturalizations are possible on application for (descendants of) people who have been Mongolians at some point since July 11, 1921. Likewise, within five years of coming of age for those who lost their citizenship as children, because their parents changed or because they were adopted.
literature
- Friters, Gerard M .; Outer Mongolia and its international position; New York 1949, London 1951
- Tomson, Edgar; Citizenship law of the East Asian countries: China-Japan-Korea-Mongolia; Frankfurt 1971; therein: Mongolia pp. 285–89, German translation of the Agreement with the Soviet Union, pp. 291–6
- USA International Business Publications; Mongolia Constitution and Citizenship Laws Handbook; 2013; ISBN 978-1438779485
Individual evidence
- ^ The first Soviet citizenship law was not passed until Oct. 29, 1924. Sandifer, Durward V .; Soviet Citizenship; American Journal of International Law, Vol. 30 (1936), No. 4, pp. 614-31. DOI : 10.2307 / 2191124
- ↑ The agreement implemented the corresponding resolutions of the Central People's Committee of the USSR on Sept. 27, 1923 and the Mongolian government on July 18, 1923.
- ↑ Valid until Feb. 28 [? Apr.] 1934, the follow-up agreement is practically word for word. If, in response to a request to be sent annually in list form via diplomatic channels, no response was given in individual cases within three months, this was considered approval.
- ^ Ginsburgs, Citizenship Law of the Soviet Union; Dordrecht 1983 (Springer), pp. 104, 107ff.
- ↑ bad engl. Übs. , Booth 2000. 1995 to 2016 there were four changes. Adjustments that would be necessary as a result of the UN Convention on the Rights of the Child, ratified in 1990, had not yet been implemented in 2016.
- ↑ At the age of 16 you receive an identity card for the first time. See Oath of Mongolian Citizenship taken by 850 students (2019-11-18)
- ↑ Aliens Act, poor English. Exercise , as of 2000.
- ↑ So happened e.g. B. for the Iranian judoka Saeid Mollaei 2019.
Web link
- Mongolia Immigration Agency (Engl.)