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14Литература
1. Джаманкулов Э. 2006 - февраль [Электронный ресурс]. URL: http: //www.analitika.org/article.php?story=20060319000219679
2. Шахназарян Н., Шахназарян Р. «Уважить, умаслить, отблагодарить»: дискурсы об альтернативной экономике, родстве и коррупции в кавказских сообществах // Laboratorium. - 2010. - № . - С. 50 - 72.
3. Нур Омаров, Досмир Узбеков. Отток трудоспособных граждан из Кыргызстана - прямая угроза национальной безопасности страны - 31.10. 2006. -[Электронный ресурс]. URL: msk http://www.fergananews.com/article.php?id=4674
4. Вести содружества. - 2012. - Ноябрь. [Электронный ресурс]. URL: http://gpnews.ru/politics/434281 -premer-kyrgyzstana-predlozhil-vvesti-moratoriy-na-pyshnye-bankety.html
5. Мадлен Ривз: По ту сторону экономического детерминизма - микродинамика миграции из сельского Кыргызстана. - 20.11. 2009. - [Электронный ресурс]. URL: http://www.centrasia.ru/newsA.php?st=1258712400
6. Корни Каракалпакии «Память не подвластна времени» - 03.12. 2012. -[Электронный ресурс]. URL: http://nukus-memory.ucoz.ru/index/musulmanskij_obrjad/0-28
Содномпилова Марина Михайловна - кандидат исторических наук, старший научный сотрудник ИМБТ СО РАН.
Нанзатов Баир Зориктоевич - кандидат исторических наук, старший научный сотрудник ИМБТ СО РАН.
Sodnompilova M.M. - PhD, senior researcher, Institute for Mongolian, Buddhist and Tibetan Studies, RAS (Ulan-Ude).
Nanzatov B.Z. - PhD, senior researcher, Institute for Mongolian, Buddhist and Tibetan Studies, RAS (Ulan-Ude).
УДК 325 (517.3) © Kh. Mendsaikhan
Immigration Policy in Mongolia (1921-1940)
This article deals with the evolution of the Mongolian immigration policy from 1921 to 1940. Author traces the changes in the rules of admission and naturalization of migrants. Attracting considerable amount of archival material and historiography, the author traces the changes in the rules and laws that gave the right to citizenship, focusing on mixed marriages and registered immigrants from Buryatia, Inner Mongolia and Tibet. Furthermore, the author makes a comparison of the Mongolian immigration laws with international immigration law. Key words: immigration policy, immigration law, Mongolia.
© Х. Мендсайхан
Иммиграционная политика в Монголии (1921-1940)
Статья посвящена эволюции монгольской иммиграционной политики в период с 1921 по 1940 г. Автор прослеживает изменения в правилах приема и натурализации мигрантов. Привлекая значительный массив архивных материалов и историографии, автор прослеживает изменения в правилах и законодательных актах, дававших право на получение гражданства, заостряя внимание на смешанных семьях и незарегистрированных иммигрантах из Бурятии, Внутренней Монголии и Тибета. Кроме того, автор проводит сравнение монгольского иммиграционного законодательства с международным иммиграционным правом.
Ключевые слова: иммиграционная политика, иммиграционное право, Монголия.
During the period from 1921 to 1940, Mongolian immigration laws and regulations for people of Mongolian descent or foreign nationals were revised and improved. This meant that regulation of immigration received important and improved legal grounds. Thus, it is clear that the Mongolian Government solved crucial problems related to the future of thousands of people. Undoubtedly, dealing with the immigration issues was an important factor showing Mongolia as an independent country as far as immigration laws and regulations are concerned. For example, Mongolia solved immigration problem of the Bu-ryats through negotiations and conclusion of a treaty with Russia. It was stated in the law that those immigrants who lived as a family in Mongolia for at least five years or lived in Mongolia 10 years in total may apply for citizenship.
However, until now, Mongolia has not developed and passed any laws and regulations on immigrants leaving in Mongolia. This can have some disadvantages for the national security.
It was crucial for the Mongolian Government to make up and enforce legal grounds for regulating repatriation of Mongolian ethnic groups and immigration of foreign nationals in Mongolia
Many Mongolian ethnic groups were returning to Mongolia after its declaration of inependence in 1911, and thanks to Mongolia's National Harmony Policy. For instance, right after the Mongolian independence in 1911, seven counties of Altai Urainkhais repatriated to Mongolia. Kazakhs, who moved into Mongolian territory (Khovd area) and settled there from the second half of nineteenth century onward, were subjects of the Manchurian Qin Dynasty until 1911 and then subjects of Bogd Khaan's Mongolia between 1911 and 1921. Likewise, Torguts, who were subjects of Amban of Khovd since their submission to the Qin Dynasty in 1771, were subjects of Mongolia since 1911 [1].
According to Mongolian State Archive documents, 30.000 people or over 500 families moved in and became subjects of Mongolia from various Banners and Counties of Inner Mongolia in 1912. [2] Then more than 200 families in 1916 and 500 Barga families[3] in 1919 became subjects of Mongolia. Moreo-
ver, Erdene Pandit Geshe and Tsorje Lama Jigmeddanzanjamts of Uzemchin County of Shiliin-gol Province of Inner Mongolia followed by their disciples moved to Mongolia and requested to be subjects of Jetsundamba. Since they had lived in Khalkha Yeguzer Khutagt's Monastery for six years, their request was granted and confirmed [4] on 13 May 1921. Thus, the conception of securing the independence and harmony of the nation favored from 1911 has continued after the national democratic revolution of 1921. In this way, dealing with the immigration issue, which is the topic of the following paper, went on.
Mongolia made its request to the Soviet Union to give back Tagna Uraik-hais together with their land, which was seized by Imperial Russia, and to make Buryats, who were Russian subjects, Mongolian subjects as Buryats themselves wished [5] during the friendship treaty between Mongolia and Soviet Union concluded in November 1921.
It was the main topic of the Mongolian People's Party's Second Great Khural to allow those Buryats, Torguts, Inner Mongolians and Barga as well as other Mongolian ethnic groups to immigrate to Mongolia and make them Mongolian subjects forever. By doing so they would be incorporated into the Mongolian culture, if they, themselves wished to. At that time, the Mongolian population was very small, financially poor and the state power was not strong enough while the territory was large.
Thus, it is very clear that the newly established Mongolian People's Party and its government enforced certain decisions and orders and took some steps towards reuniting ethnically and confessionally close Barga, Inner Mongolian and Urainkhai people.
The reports of the Mongolian People's Party's Central Committee during the Third Great Khural of Mongolian People's Party held in 1924 stated about Inner Mongolia and Barga,
«The Important Objective of our Party is to establish relations and communications with those numerous Mongolian ethnic groups and reunite all Mongolians. But we still do not have relationships and communications with Barga, Inner Mongolia and Uriankhai. These are part and parcel of our religion and ethnos... so, it is important to enforce a special order statement to intensify the relationships and comunications; and to reunite them. to try to reunite them.» [6].
However, according to the historical documents, this was much more difficult to carry out in real life.
In 1924, the Tagna Uriankhai people revolted against the revolutonary regime that was imposed on them by the Soviet Union and the Comintern and against the oppression of the local Russians. They made a very clear request to repatriate to Mongolia. The Soviets ruthlessly crushed this uprising [7]. At the same time, the Mongolian Government solved immigration issue of those people to a certain extent.
According to the registration book of Buryats, preserved in the National Archive of Mongolia, the Mongolian People's Government accepted the request of over 15.800 Buryats (or 4.000 families) from Russia during the years
of 1923-1924. Not only did Mongolia accept them as Mongolian subjects, but also the Mongolian Government organized them as a separate county in its new administrative division. Moreover, 18.322 Buryats or 5.162 families became Mongolian subjects in 1925 [8].
Furthermore, we will mention some statistics on the Buryats, who requested to be subjects of different counties of Mongolia in 1926-1929: 142 Buryat families[9] in Bogd Khan Uul Province in 1926, 46 families on 12 March of the same year in Bogd Khan Uul Province's Noyon Uul and Khutag-Undur Uul Counties, 54 families[10] in Khan Khenty Province, 111 families[11] who applied for citizenship in Khutug-Undur Uul County of Bogd Khan Uul Province, 45 families in Zuunburen Khan Uul County, 60 families in Onon gol County of Khan Khenty Uul Province, 208 families in Ulz Gol Buryat County, 139 families in Khalkh Gol Buryat County, 262 families in Onon Gol Buryat County, 52 families in Kherlen Gol Buryat County, 52 families in Bulgan Khan Uul County, 17 families in Ikh Tushig Uul County, 57 families in Yuroo Gol Buryat County, 18 families in Zuunburen Khan Uul County, 39 families[12] in Ulaanbaatar administration, 27 families[13] in the town of Altanbulag; 45 families in Kherlen Gol County of Khenty Uul Province and 14 families[14] in Yuroo Gol County in 1927; 74 families in Khan Khenty Province in 1929. All of them were registered as Mongolian subjects. [15] Moreover, 566[16] persons or 111 Barga families from Khulunbuir made their request to be subjects of Mongolia and they were granted citizenship.
Thus, around 10.575 Buryat families became subjects of Mongolia between 1923 and 1929.
However, the total number of Buryats in Mongolia greatly decreased due to the Political Suppression of 1939. As a result, the Buryats made up the meagre 3.1 per cent of the Mongolian population by 1940.
Nevertheless, the Mongolian Government had taken certain steps towards improvement of the living standards of Mongolian ethnic minorities.
For example, in April 1925 the Mongolian People's Government accepted an officially sealed written request from a part of the Altai Torguts to become subjects of Mongolian People's Republic. The Mongolian People's Government made those Torguts exempt from any type of taxes and customs duties until 1927 and cancelled their loans [17] made when they were subjects of a foreign country in recognition of their poverty. Likewise, the Mongolian People's Government appointed special agents for registering the people travelling across the border without requiring any prior notification or imposing fines on them. As it is stated in the official letter of the Ministry of Foreign Affairs to the administration of Khan Khenty Uul Province, «...hereby to declare to impose proper fines and taxes on those people who are living in Mongolia without registration from the Immigration Office and support the poor among them.» [ 18] These well-planned and organized steps were, indeed, very helpful for the national unification of Mongolia. Thus, the Mongolian Government's successes in uniting ethnic minorities of Mongolian descent actually formed a strong foundation for Mongolia's political independence.
Some foreign citizens, registered by the Mongolian Government, were engaged in trade and industry. Others were wanderers, whose permits expired. They lived and worked in Mongolia temporarily for short (from one to three months) and long (over six months) periods. This clearly shows that they had both political and economical interests.
Thus, foreign citizens made up a certain percentage of the entire population of Mongolia at that time. There are some slightly different calculations of some reseachers. For example, according to Russian scholar I.M. Maysky, in 1918, there were 524.500 Mongolians, 100.000 Chinese, 5.000 Russians and the total population of Mongolia was 647.500. However, Dr. J. Urangua presented different figures. She calculated the Mongolian population at 610.800 Mongolians, 105.000 Chinese and a certain number of Russians. In her work, entitled «Mongolia in the Beginning of Twentieth Century, 1911-1919» she estimated the total population of Mongolia at 715.8000 people by 1918. If we compare this to O. Purev's calculation of the Mongolian population at 729.600 the same year, there is a 13.900 difference. These differences are possibly due to the territorial and temporal differences at the time of calculation. Regardless of these differences, it is clear that foreign nationals made up 14-16 per cent of the entire Mongolian population. There were 10.900 Chinese traders[19] out of a total number of over 23.000 Chinese in Mongolia. Moreover, as O. Batsaikhan wrote in his work, entitled «Complicated Problems Experienced During the Development of Mongolia»,
«The number of traders, who had permits for private trade, was 234 in 1922, and then it increased to 286 in 1923 and 636 in 1924. Due to favorable conditions for the development of trade the number of Mongolian traders multiplied by 2.7; the number of English, US and German traders was multiplied by 12.4, Russians by 5.7 while Chinese by 1.6 during the years of 1922-1924.» [20].
So, the number of private foreign traders was increasing year by year. It was due to Mongolian Government policy to reduce the number of foreign companies in general, Chinese companies in particular. Those companies made profits from multiple interest of loans and supported those mobile private traders in order to meet the domestic demands since national industries were extremely weak.
According to the statistics given in the documents of Second Great Khural of the Mongolian People's Republic, in 1925 there were 28.118 Chinese, 2.520 Soviet citizens, 374 Tibetans, 199 persons of other nationalities, and in total 31.207 foreign nationals [21] in Mongolia.
Likewise, O. Lattimore wrote in his 'Nomads and Revolutionaries' about the Mongolian population in 1925 as 651.700 and 709.000 in 1928.
If we do some calculations based on these facts, by 1925 foreign nationals made up 4.4 per cent of the Mongolian population. That is to say, there was one foreign person for each 22 Mongolians.
J. Tseveen, an outstanding Mongolian scholar of that period, wrote about foreign nationals in Mongolian territory, «There are some foreign nationals
such as Chinese, Russian, Tibetan and Tangut, etc, living in Mongolia. If we define the number of Mongolians it can not exceed 700.000. As for the Chinese, they are about 40.000. There are 10.000 Russians. There are not so many Tibetans and Tanguts. As for the English, Germans, Americans and Romanians, each group is not more than one or five or ten.» [22] From this fact it is clear that 50.000 foreign nationals, 40.000 Chinese and 10.000 Russians, were collectively calculated as Mongolian citizens.
Generally, foreign nationals living in Mongolia, were engaged in trade and industrial work for a long time. Moreover, there were many unregistered foreigners and political refugees. Those people lived in Mongolia for a long time doing various types of physical labor to earn their living. Some of them got married to Mongolian natonals and had children. Similarly, they fulfilled various other conditions to be accepted as Mongolian citizens. Those people might complicate for the Mongolian Government the solution of its immigration issues.
In the process of this research, I still could not find registrations of foreign nationals during certain years as well as the registrations of those who became Mongolian citizens before 1933. Therefore, it is not possible to compare statistics year by year. The reason why we cannot find them so far is because of many factors. For instance, laws and regulations of Immigration Acts, registration and monitoring of foreign nationals were just at the initial stage and so on.
Furthermore, the Mongolian Government made certain progress towards solving the immigration and registration issues by enforcing some specific rules and regulations on foreign nationals in Mongolia. The Mongolian Government even started a practice of putting certain immigration limitations for national security reasons.
During 1926-1928, the Ministry of Foreign Affairs of the Mongolian People's Republic enforced a specific regulation on registering foreign nationals who lived on the Mongolian territory as Mongolian citizens. It was stated, «those who have been living in Mongolia for a long time, or who married Mongolian wives and had children and lived In Mongolia for more than five years are eligible to become Mongolian citizens.» «Those foreign natonals willing to become Mongolian citizens should make their requests to local administrations where they want to be subjects... requests should be discussed by the commoners' khural (meeting) and .if there is no reason to be rejected then these requests should be sent to respective embassies and consulates in case they have some reasons to refuse.» «If there are no refusals on the part of their original countries' embassies, then their property and wealth should be excluded from the original countries' account and passports should be handed in. Then and then alone they became citizens of Mongolia. This procedure should be conducted by the Ministry of Internal Affairs.» [23] After reading this it becomes very clear that the regulations and rules for foreign nationals living in Mongolia were the responsibility of the Ministry of Internal Affairs.
There are many facts related to these regulations and rules. For example, there was a request made in 1928, of Lamjav from Shiliin Gol Chuulgan (prov-
ince) of China. He moved from his original place into Mongolia on pilgrimage in 1916 and lived for 10 years in Bayantumen Khan Uul County of Khan Khen-ty Uul Province. So, he made a request to become a subject of that particular county. The Government of Mongolia granted his request by its Third Khural's decision's first article based on the Ministry of Foreign Affairs' evaluation on the testimony letter of Bayan Tumen Khan Uul County. [24] It is very clear that the Mongolian Government granted citizenship to foreign nationals who lived in Mongolia for over 10 years without commiting any crime based on its rules and regulations. But, on the other hand, from this fact one may draw a conclusion that even those foreign natonals, who moved into Mongolia as wanderers some 10 years back and lived there without any proper registration, could become Mongolian citizens just based on their long-term residence. This is clearly an act of taking advantage from the inconsistency of laws. Furthermore, the immigration issue was deepened by laws and regulations of marriage. For examples, In Article 60 of the Civilian Law of the Mongolian People's Republic that was passed in 1926, it is stated, «In case of marriage registration of a Mongolian citizen to any foreign national, it is appropriate to remain subjects of their countries of origin. Though if one wishes to apply for another country's passport it should be possible in accordance with related laws and regulations.» In Article 67, it is also stated, «if one of the parents is a Mongolian national and is living in the Mongolian territory, then whether a child is Mongolian citizen or not», «...in case of having a child born when parents are living in a foreign country they should make a clear decision about which country their child would belong to» [25], etc.
Furthermore, it is stated in Article 55 of the first chapter of «Family Rights and Responsibilities», which was enforced by Article 1 of State Baga Hural, dated on 6 May 1927, «There should not be any discrimination of nationality and religion in any marriage.» One can see that it was properly in accordance with the international human rights. It also states that «if men and women of this country marry nationals of other countries, then those foreigners are entitled to have the same rights as Mongolian nationals.» Therefore, the Third Article of this very regulation is confirmed, that declared any foreigner married to a Mongolian national, having a child and living in Mongolia for more than five years eligible to apply for Mongolian citizenship. So, it was due to social conditions of that particular period and and in order to prevent any criminal from entering Mongolia by any possible way.
Likewise, it was stated, «the marriage of those foreigners who married each other while living in Mongolia may be registered in their respective Consulates but they have to follow this law for their actual marriage» in Article 51 of Family Law, which is enforced by the fourth section of the decision of the 75th Meeting of State Baga Hural and the first section of the decision of 32nd Meeting of the Mongolian Government in October 1929. It is also stated that «a foreign citizen married to a Mongolian national in the territory of Mongolia should register the marriage in accordance with this law» [26] in the 3rd Section of the 46th Article of this law.
Let us take a clear fact related to the application of this law. There is an immigration application dated 1930 from a Russian citizen named Nina, who was married to a Mongolian national named Namnandorj. There she wrote, «To: Ministry of Internal Affairs of People's Republic of Mongolia; I, citizen of the USSR, am from the Leningrad region and came to Ulaanbaatar together with my husband in July this year and settled down. Now I would like to become Mongolian citizen in order to live with my husband, and therefore I wholeheartedly request you to grant my request by registering me as a Mongolian citizen and issuing permissions from respective departments, etc, as soon as possible. Nina.» [27].
Moreover, there were many high incarnated lamas and their followers in Mongolia. However, all of them belonged to a particular Banner (Khoshuu), some of them had neither registration nor residence permit. Through donations from the people they acquired considerably large herds of livestock and locals had faith in them. They lived in Mongolia for many years. On this basis local communities made requests on their behalf to become citizens of Mongolia. Such requests were denied by the Government. For example, Members of the Department of Mongolian Government decided to deny Tibetan Lama Losan Tashi's citizenship application during the meeting that was held on 4 January 1927. The decision states, «Tulku Lama Losan Tashi arrived together with his followers from Tibet and lived for a long time in Bayan Baishir Khoshuu of Tsetserleg Mandal Aimag... This lama requested to become a Mongolian citizen based on many years of his actual residence in Mongolia and a large number of disciples. We, the Department of the Mongolian Government, at our 209th Meeting decided to deny his request based on the Second Section of Order.» [28] Similarly, most foreigners, who came to Mongolia on religious grounds, were Tibetans. This was due to Mongolian and Tibetan friendly relationship and the spread of Tibetan Buddhism at that time.
Furthermore, in 1928 the Mongolian Government made a decision to «send back those foreigners to their countries and not to receive others instead» [29] in order to solve immigration issue of foreigners who lived in Mongolia temporarily and permanently in particular, and the visa issue in general. Likewise, Chinese nationals, especially traders working in Mongolia, were moving back to their home country as a official document of that particulat period states, 'those who have bicycle riding their bicycles, those who have cars driving their cars, those who have neither bicycles nor cars travelling on foot, all following a great road of Khuree to Khaalgan' because China stopped any exports to Mongolia effective from August 1929». [30] This can be interpreted as the Comintern's policy to push out any other foreign traders and economic agents and make domestic economy dominant in this country. As a result, over 10.000 Chinese nationals[31] were expelled from Mongolia. This is very clear in M. Amgayev's account. He was a Comintern representive in Mongolia and reported to the Secretariat of the Oriental Department of Communist International's Foreign Affairs office. There he stated, «Even though nowadays capitals of the Chinese traders are greatly influential in Mongolia, they are already losing
major roles. So they are almost losing their former dominance on the Mongolian market now.» [32].
This shows how the Communist International Organization's representatives, Soviet advisors and trainers were deeply involved into the Mongolian Government's manifold activities aimed at solving the foreign nationals' issues. Starting from 1928, so many Buriats, citizens of Russia, moved to Mongolia and requested to be Mongolian nationals, that there was a necessity to improve the registration and monitoring of those immigrants. In order to do this the Ministry of Internal Affairs of Mongolia issued an order in 1930 stating that, «The number of foreign nationals applying for Mongolian citizenship is growing. As it turns out we do double work because we receive incomplete documents from local administrations, then we have to start from the beginning, and therefore, those local administrations and related departments should thoroughly check all reasons and grounds and send them to us along with their own suggestions whether we should deny or accept citizenship applications.» [33].
The Government of the Mongolian People's Republic tightened rules and regulations by its Section 7 of Order 37 in 1930. There it states, «for accepting foreign nationals as Mongolian citizens, they should apply to local government or the Ministry of Internal Affairs and then an application should be checked by that ministry jointly with the Ministry of Foreign Affairs. After this process, application should be handed over to State Baga Hural for final decision. If there are both adults and children it should be checked thoroughly whether they can be immigrants to Mongolia, whether they lived long in this country, whether Mongolia has specific contract related to this matter with their countries of origin. The Ministry of Internal Affairs should take care of all those immigration rules and instructions like they should have the same rights and responsibilities with Mongolian nationals as soon as their citizenship is confirmed and declared.» [34] Likewise, the Government of the Mongolian People's Republic and the Soviet Union negotiated and made a decision on a disputed case of immigration on 20 May 1930. There it states that, «Hereafter, the two countries should not accept immigrants from each other without proper permission... so it should be done through Embassy of the USSR in Mongolia and Embassy of Mongolia in the USSR.» It also states that, «the government of the USSR accepts those citizens of the USSR, who immigrated as Mongolian citizens, in the territory of Mongolia until the fourteenth year of Mongolia and those who are listed in the name list of the fourteenth year of Mongolia to exclude them from its citizen registration.» «It is permited for the Mongolian Government to re-evaluate those names who are not listed in the aforementioned list and cases of those immigrated to Mongolia up to now in close cooperation with the Embassy of the Soviet Union in Mongolia.» [35] For example, one of all 14 citizens working at a veterinary clinic in Erdene Bulgan Uul Banner (khoshuu) of Tset-serleg Mandal Aimag, did not have any citizenship and most of them did not have residence permit or visa from both states. They only obtained Mongolian residence permits in 1930. [36] It was a really supporting factor for solving
many other immigration issues of foreign nationals. Furthermore, the Governments of Mongolia and the Soviet Union established a protocol on solving immigration issues once for all on 26 May 1930. This document served as a «legal ground» for re-evaluation of those Buryats, who immigrated to Mongolia since 1924, and cancelling their immigration status using a pretext of false political and criminal cases. In the 1930s, the Soviet Union claimed back the Buryats, who had already become Mongolian citizens and were in the high posts of our government like Gombo Badamjav, Tsogt Badamjav, Dash Campilov, etc. In this way, over 100 individuals[37] were forced out of Mongolia. This was how the Buryat intellectuals, who made considerable contributions to the development of Mongolia, suffered under political repression on false accusations of being «Japanese spies and enemies of the revolution.»
Particular articles of Mongolian immigration laws and rules on accepting foreign nationals as Mongolian citizens passed in 1926-1928 and 1930, like those which state, «if a foreigner who now aquires full confidence for living long with his property on the territory of Mongolia, marries a Mongolian women, has children and lives in Mongolia more than five years, he can be made Mongolian citizen by temporary proposal», etc, are duly in accordance with the international human rights. Based on these regulations, the Executive Committee of the Mongolian Government made the following decision at the 12th Section of its 9th Meeting Order on 19 February 1931, «The Ministry of Internal Affairs confirms these Chinese and Tibetan people 59 in total, who requested to become Mongolian citizens many times, living long in Mongolia and having Mongolian wives and children; and there are no objections from other related agencies, and therefore, .State Baga Khural granted their requests.» «.the Special Committee is established under the Government and head of this committee is appointed from the Ministry of National Security, four members are appointed from panel of adjudicators (2) and the Central Union of Workers (2),.. .everything should be checked and prepared by this committee before discussing by the Government; other than those applied ones such as those do not live long and property is unclear, etc, should also be gone through this committee's evaluation.» [38] In this way, by the decision of the State Baga Khural six persons from Tibet, five from the Soviet Union, one from Germany, two from Korea, in total 14 foreigners in 1933; 34 from China, 41 from the Soviet Union, seven from Tibet, altogether 82 foreigners in 1935; one from the Soviet Union, five from China, two from Tibet, altogether eight in 1936; three from the Soviet Union, three from Tibet, five from China, altogether 11 in 1937; one from Poland, three from China, two from the USSR, altogether six in 1938; two from USSR, two from China, altogether four in 1939; six from China [39] in 1940 and altogether 131 [40] foreigners became Mongolian citizens.
Foreigners granted Mongolian citizenship during 1933-1940 by the State Baga Khural are shown in the table below:
1933 1935 1936 1937 1938 1939 1940
14 82 8 11 6 4 6
These foreigners were accepted as Mongolian citizens because they lived for a long time (some as long as 30 years) in Mongolia, got Mongolian wives and children and there were no objections from their respective Consulates. So it was in exact accordance with both international and Mongolian laws and regulations. There were also some indications about people who did not have any proper permission and lived as refugees. If we take Buryats for example, «Bud Tudev is 56 years old, Buryat. He entered the Mongolian territory through Khuder Border Post of Soviet Union without any permission in 1923. At the beginning he was planting vegetables in the land of Mandal of Selenge, and then moved to the 6th Bag of Batsumber Soum, Tub Aimag as a cattle breeder in 1932. Now he made his request to be a citizen of the Mongolian People's Republic.» «Barimad Puntsag is Buryat and 41 years old. He came to Mongolia through Khuder Border Post of Soviet Union without any permission in 1930. He worked as a accountant and harvester, etc, at the Sugnugur Agricultural Firm for 16 years during the years of 1935- 1941. Now he is living in the 6th Bag of Batsumber Soum, and he has applied for citizenship of the Mongolian People's Republic. Tse-ren Gombojav, 46 years old, Buryat, came to Mongolia through Hiran on the Soviet border following his father in 1930. He has been serving in the high post as accountant of Cattle-breeder's Union, Vice-Director of Bag, etc for 15 years. Now is engaged in cattle-breeding in the Third Bag of Bat-sumber, and he has requested to be a citizen of the Mongolian People's Republic.» [41] From their positions in Mongolia, it is very clear that Mongolia lacked well educated and trained human resources on the one hand, and the Buryats contributed a lot to its development on the other hand.
At the same time Mongolia improved its laws and regulations on immigration issues or foreign applicants for Mongolian citizenship. For example, the Executive Committee of the Mongolian Government enforced order of «stopping foreign nationals wandering in the country without any permission» [42] by its Fourth Section of 205th Meeting's Decision in 1928. Of similar nature were the decisions made about «Chinese and Tibetan applicants for Mongolian citizenship» [43] in 1931, «Stay permit of foreign nationals in Mongolia» [44] in 1935, «Accepting foreign country's citizens as citizens of People's Republic of Mongolia» [45] in 1941 and so on. Thus, the Government of Mongolia took several important steps towards a well planned manner of evaluating and enforcing the rules and regulations on foreign nationals and immigration issues.
In conclusion, it should be noted that many immigration issues were solved thanks to the «National Unity Conception» of Mongolian National Independence in 1911, and specific policies of People's Government of Mongolia under the program of «Reunification of the Mongolian Peoples» and «Immigration Issues» from 1921 onward. Concisely, the results can be formulated as follows:
• Since 1911, Mongolia adopted a policy of accepting other Mongolian ethnic groups into Mongolia and solved the disputed issue of Russian Buryats applying for Mongolian citizenship through the two parties' negotiation.
• In order to solve the immigration issues the Government of Mongolia applied certain criteria, such as being married to a Mongolian wife, having children, certain property and living in Mongolia for at least 5 years. The long-term residence in Mongolia meant at least 10 years.
• We should also mention that in comparison with the international immigration law there still are some disadvantages of Mongolian immigration laws and regulations. For example, up until now there is no specific law that takes into account the national security concerns while admitting immigrants. Therefore, possibilties of staying in the country for a long time without any permit and notification and then applying for citizenship based on the «long-term residence in Mongolia» are still open for illegal migrants.
Literature
1. ПYрэв О. Монгол улсын туухэн газар ЗYЙ (1911-1931). - Улаанбаатар, 2004. - 48-49-р тал.
2. Пунцагдаш О. Иргэний харьяаллын
3. Тод Д. Монгол улсын аюулгуй байдлыг хангах байгуу уллагын уйл ажиллагааны эхэн Yеийн туухийн асуудалд // Эрдмийн зэрэг горилсон бYтээл. - Улаанбаатар, 1999. - 33-р тал.
4. Монгол улсын Yндэсний тев архив. Ф-А-3. Д-1. ХН-1182,
5. Тод Д. Монгол улсын аюулгуй байдлыг хангах байуууллагын уйл ажиллагааны эхэн Yеийн туухийн асуудалд // Эрдмийн зэрэг горилсон бYтээл.
- Улаанбаатар, 1999. - 33-р тал.
6. МАН-ын III их хурал. Дэлгэрэш^уй тайлан. - Улаанбаатар, 1966. - 220-р тал.
7. Тод Д. Монгол улсын аюулгуй байдлыг хангах байуууллагын ym ажиллагааны эхэн Yеийн туухийн асуудалд // Эрдмийн зэрэг горилсон бYтээл.
- Улаанбаатар, 1999. - 34-р тал.
8. Мэндсайхан Х. Монголд дагаар орсон буриадуудын асуудалд. - Улаан-баатар сургууль. Эрдэм шинжилгээний бичиг. №7/1/ 2007.
9. Монгол улсын Yндэсний тев архив. Ф-41. ХН-45.
10. Ibid. ХН-598.
11. Ibid. ХН-453, нугалбар-7.
12. Монгол улсын Yндэсний тев архив. Ф-4. Д-1. ХН-402.
13. Ibid. ХН-402.
14. Ibid. ХН-435. Нугалбар, 46-76-р хуудас.
15. Ibid. ХН-476.
16. Мягмарсамбуу. Баргын эрх челеений тэмцэл: нYYДЭл, суудал. - Улаанбаатар, 2007. - 48-р тал.
17. Сандагдорж М. Ардын терийн тYYх. - Улаанбаатар, 1974. - 165-р тал.
18. Монгол улсын Yндэсний тев архив. Ф-72. Д-1. ХН-654. Нугалбар-12.
19. Тод Д. Монгол улсын аюулгуй байдлыг хангах байуууллагын уйл ажиллагааны эхэн Yеийн тYYхийн асуудалд // Эрдмийн зэрэг горилсон бYтээл.
- Улаанбаатар, 1999. - 65-р тал.
20. Батсайхан О. Монгол улсын хегжлийн замд учирсан ээдрээ. - Улаанбаа-тар, 1997. - 27-р тал.
21. МАХН-ын IY их хурал. - Улаанбаатар, 1978. - 319-р тал.
22. Цэвээн Ж. Туувэр зохиолууд. - Улаанбаатар, 2000. Д-2, 128-129-р тал.
23. Гадаад Харилцааны тев архив. Ф-1. ХН-282.
24. Монгол улсын Yвдэсний тев архив. Ф-72. Д-1. ХН-525. Нугалбар-1.
25. БНМАУ-ын иргэний хууль (1926 он). - Улаанбаатар, 2000. 24, 26-р тал.
26. Засгийн газрын албаны сэтгYYл. 1930. №53. 44-р хуудас.
27. Монгол улсын Yндэсний тев архив. Ф-4. Д-1. ХН-674.
28. Засгийн газрын албаны сэтгуул. 1927. №24. 7-11-р хуудас.
29. Тод Д. Монгол улсын аюул^й байдлыг хангах байгууллагын Yйл ажил-лагааны эхэн Yеийн тYYхийн асуудалд //Эрдмийн зэрэг горилсон бYтээл. - Улаанбаатар, 1999. - 73-р тал.
30. Дашдаваа Ч. Улаан тYYх. - Улаанбаатар, 2003. - 239-р тал.
31. Тод Д. Монгол улсын аюул^й байдлыг хангах байгууллагын уйл ажил-лагааны эхэн Yеийн туухийн асуудалд. - Улаанбаатар, 1999. - 74-р тал.
32. Коминтерн ба Монгол. - Улаанбаатар, 1999. - 262-р тал.
33. Монгол улсын Yндэсния тев архив. Ф-46. Д-1. ХН-78, нугалбар-2.
34. Ibid.
35. Монгол-Зевлелтийн харилцаа (1921-1974) I боть. - Улаанбаатар, 1976. -263-264-р тал.
36. Монгол улсын Yндэсний тев архив. Ф-4. Д-2. ХН-102.
37. Ширнэн Б. Буриад нуудэл-хэл аялгууны учир. - Улаанбаатар, 2005. - 87-р тал.
38. Монгол улсын Yндэсний тев архив. Ф-4. Д-1. ХН-453. 265-р хуудас.
39. Монгол улсын Yндэсний тев архив. Ф-11. Д-1. ХН-536.
40. Ibid. ХН-352.
41. Гадаад харилцааны тев архив. Ф-118. Д-01. ХН-50.
42. Засгийн газрын албаны сэтгуул.1928. №37. 10-14-р тал.
43. Засгийн газрын албаны сэтгуул.1931. № 9-10. 95-96-р тал.
44. Засгийн газрын албаны сэтгуул.1935. № 1, 24. 29-р тал.
45. Засгийн газрын албаны сэтгуул.1941. № 2, 21. 30-р тал.
Мендсайхан Х. - исследователь, Монголия. Mendsaikhan Kh. - researcher, Mongolia.
УДК 342.71(517.3) © П.Н. Дудин
Статус гражданина в основных нормативных правовых актах Монголии в 1911-1960 гг.
В работе детально проанализирован процесс развития института гражданства в Монголии в первой половине ХХ в. с точки зрения его оформления и закрепления в конституционных актах. Изучено содержание международных договоров Монголии, а также Конституции Китая 1911, 1914, 1923 и 1931 гг. и Конституции МНР 1924, 1940 и 1960 гг.
Ключевые слова: гражданин, Конституция, народ, государство, права, свободы, обязанности.
