RECENT LAW CHANGES AFFECTING HERDERS IN MONGOLIA

September 8, 2025

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A message from Bob Shepherd:

Following the International Rangeland Congress held in Hohhot in 2008, many Australian delegates took part in a post-conference tour across Mongolia. Those delegates—along with others interested in the Mongolian rangelands—may appreciate an update on how the nomadic herders have managed the steppes since then.

In 2024, the Government of Mongolia enacted two new laws concerning herders and rangeland management. Dr. Tungalag Ulambayar (Tungaa) recently conducted a review of these laws, examining their content, strengths, and limitations in addressing long-standing pastoral challenges such as rangeland degradation and unclear tenure rights.

Dr. Ulambayar leads the Zoological Society Luujin, a Mongolian conservation NGO. She holds a Ph.D. in Rangeland Ecosystem Science from Colorado State University, where her award-winning dissertation explored the social impacts of community-based rangeland management in Mongolia. She also holds an MA in International Development from the International University of Japan.

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Law on Legal Status of Herding Households Association

The “Law on the Legal Status of United Associations of Herding Households” represents Mongolia’s attempt to formally empower herding communities in the management of their traditional rangelands, drawing on the principles of common-pool resource (CPR) management. The law’s central premise is that by providing a clear legal structure for the formation and operation of herding associations at multiple administrative levels, it can foster collaborative governance and sustainable resource use, building upon Mongolia’s nomadic pastoralist culture. Recognizing Mongolia’s vastness, diverse ecological zones, and the variability of pastoral practices, the law aims to strike a balance between providing a broad national framework and enabling local adaptation.

Content

The law’s content is structured to support the formation of a multi-tiered system of herding associations designed to manage shared pasture resources while respecting local variations:

• Foundation for Local Associations: The law focuses on establishing “primary” herding associations as the core management units. It sets forth basic requirements for their organization, including voluntary membership, internal governance through a general assembly and management board, and the creation of internal rules/bylaws tailored to local conditions.
• Empowering Rights and Enabling Responsibilities: The law grants rights and assigns responsibilities to these associations, particularly in sustainable rangeland use, natural resource protection, and improvement of members’ livelihoods. These include the right to contract with local governments, to participate in resource management decisions, and to receive support for livestock improvement and marketing. The critical aspect is that these rights and responsibilities are enabling, allowing associations to act and make decisions within their specific context.
• Multi-Tiered Coordination: The law establishes higher-level associations at the soum (district), aimag (province), and national levels to facilitate coordination, advocacy, and support for the primary associations. These levels are intended to provide a framework for communication, knowledge sharing, and representing herding community interests at broader policy levels.
• Resource Mobilization with Local Control: The law establishes basic financial structures, outlining permissible funding sources and limitations on activities (e.g., political or religious involvement). It allows for resource mobilization while maintaining the core focus on rangeland management and upholding the ability of the local associations to determine how to best use the resources for local objectives.
• Emphasis on local adaptation: The law places importance on enabling local associations to develop resource management protocols best-suited to their specific environmental and social conditions. This is to ensure that rangeland conservation strategies are appropriate for the diverse ecological zones found throughout Mongolia.

Strengths

• Formal Legitimacy with Local Control: The primary strength of the law is providing formal legal recognition to herding associations, empowering them to act as recognized entities. Importantly, this recognition is coupled with the expectation that associations will create their own rules and negotiate resource use contracts tailored to their specific local contexts, acknowledging the diversity of Mongolia’s rangelands.
• Decentralized Governance: The law promotes decentralized resource management, placing primary responsibility for decision-making at the community level. This allows for locally responsive and adaptive management practices aligned with the diverse ecological and social conditions of Mongolia. The aim is to enable local solutions that best reflect specific environmental challenges.
• Community Empowerment & Flexibility: By emphasizing voluntary membership and democratic governance, the law enables herding communities to take greater control of their resources and livelihoods. The ability to craft internal rules allows communities to reflect local values and practices in their management approach, increasing ownership and sustainability.
• Sustainable Development Ethos: The law promotes the sustainable use of rangeland resources, balancing economic development with ecological integrity. It recognizes that herding communities can thrive while safeguarding their natural resource base, acknowledging the long-term perspective inherent in traditional pastoralist cultures.

Weaknesses

• Enforcement at Local Levels: While promoting flexibility, the law risks inconsistent or weak enforcement if local authorities and associations lack the capacity or resources to develop and implement effective rules. The challenge lies in ensuring adequate local capacity for monitoring and enforcement without imposing overly prescriptive national standards.
• Minimum Standards vs. Local Custom: Striking a balance between minimum standards for sustainability and equity and respecting local customs and traditions remains a challenge. The law needs to ensure that local adaptations do not undermine core principles of responsible resource management.
• Guidance for Local Adaptation: While promoting flexibility, the law lacks clear guidance on how local authorities and associations can effectively tailor their rules and contracts to local conditions. This absence could lead to inconsistent or ineffective approaches.
• Exclusion Risk: Focusing on formal associations risks excluding some herders who are not members, creating inequities. The law needs to ensure that the rights and interests of non-member herders are also considered in resource management decisions, perhaps through requirements for consultation and participation.
• Climate Change Considerations: While acknowledging climate change, the law could be strengthened by requiring that local management plans explicitly address climate vulnerabilities and incorporate adaptive strategies.
• Over Reliance on Contractual Agreements: The reliance on contracts with the local authorities may be problematic because herders and local authorities typically don’t have equal power and herders’ concerns can be neglected.

Law on Herders

The “Law on Herders” is a Mongolian legislative initiative designed to define the legal status of herders and foster a supportive environment for their livelihoods, education, and productive activities. Distinct from the “Law on the Legal Status of United Associations of Herding Households,” which focuses on the institutions facilitating collective resource management, this law centers on the individual herder and the specific support needed to maintain their way of life while contributing to the national economy. This legislation strives to promote resilient and competitive livestock production in harmony with Mongolia’s ecological carrying capacity, while also addressing social equity and facilitating intergenerational knowledge transfer. It underscores Mongolia’s commitment to recognizing and strengthening the unique role of herders in its society and economy, particularly their contribution to cultural heritage and sustainable land management. However, the law’s effectiveness is potentially complicated by its relationship with the law governing herding associations and its variable success in tackling key challenges.

Content

The law’s content can be summarized as follows:

• Purpose and Scope (Article 1): Defines the purpose of the law as establishing the legal status of herders and creating favorable conditions for their work, life, education, and production. It aims to promote resilient and competitive livestock production that aligns with Mongolia’s natural carrying capacity.
• Legal Framework (Article 2): Lists the laws that form the legal basis for the law, including the Constitution, Civil Code, Land Law, Law on Genetic Resources of Animals, Law on Animal Health, Law on Employment Promotion, and the Law on Official Fees for Animal Head.
• Definitions (Article 3): Defines key terms such as “animal,” “animal husbandry,” “herder,” “assistant herder,” “herding household,” “khot ail” (cooperative herding group), “sustainable animal husbandry practices,” and “herder development.”
• State Policy on Herders (Article 4): Outlines the state policy on herders, including guaranteeing their right to stable livestock production and access to natural resources and pastureland, promoting herder development, ensuring gender balance in rural areas, increasing labor productivity, training new herders, building resilience to climate change, implementing policies to improve the supply and processing of livestock products, and promoting digital transformation.
• Herder’s Rights and Obligations (Article 5): Specifies the rights of herders, including the right to improve their knowledge and skills, secure their right to use natural resources and pastureland under contracts, receive financial support, and contract with specialized units for animal health and breeding services. It also specifies the obligations of herders, such as using natural resources and pastureland sustainably, mastering traditional and scientific animal husbandry practices, protecting animal health, and ensuring the safety and quality of livestock products.
• Herder Knowledge and Skills (Article 6): Establishes a system for improving herder knowledge and skills through formal and non-formal education programs, with a focus on traditional and modern practices, livestock health, pasture management, product processing, and marketing.
• Herder Development Programs (Article 7): Mandates the establishment of “Herder Development Centers” at the local level to provide training, information, and knowledge sharing. It also directs local governments to support herder development through targeted projects and programs, including providing land for winter and spring camps to young herder families.
• Digital Transformation (Article 8): Promotes the adoption of digital technologies in herding operations, including mobile communications, internet access, e-government services, and online trading platforms for livestock products.
• Herder Productivity (Article 9): Aims to increase herder productivity by promoting new technologies, improving animal breeds, and establishing a system for evaluating herder performance and awarding prizes.
• Herder Cooperation (Article 10): Supports herder cooperation through various forms, including “khot ail” (cooperative herding groups), herder associations, and partnerships with other entities. It directs the government to support these initiatives through legal frameworks, infrastructure development, and access to finance.
• Climate Change and Risk Reduction (Article 11): Requires local governments to develop plans to address the impacts of climate change on herders and promote risk reduction measures, such as establishing community-based disaster funds.
• Financial Products and Services (Article 12): Promotes access to financial products and services for herders, such as concessional loans and insurance products, to improve their livelihoods and promote sustainable practices.
• Herder Investment and Economic Capacity (Article 13): Aims to improve herder investment and economic capacity through the establishment of “Herder Development Funds” at the local level, which will provide financial support for various initiatives, such as pasture management, green production, and herder training.
• Funding (Article 14): Specifies the sources of funding for the law’s implementation, including state and local budgets, Herder Development Funds, and international projects.

Strengths

• Recognition and Support for Herders: The law clearly recognizes the vital role of herders in Mongolian society and the need for government support to sustain their livelihoods and promote their development.
• Comprehensive Approach: The law takes a comprehensive approach to herder development, addressing a wide range of issues, including access to resources, education, technology, finance, and social services.
• Emphasis on Sustainability: The law promotes sustainable animal husbandry practices and climate change adaptation, reflecting a commitment to balancing economic development with environmental protection.
• Promotion of Cooperation: The law supports herder cooperation through various forms, recognizing the importance of collective action in managing common-pool resources and addressing shared challenges.
• Encouraging the “Next Generation”: The law takes action to encourage youth to continue herding through financial support and preferential access to education, reflecting a concern about rural depopulation.
• Digital Transformation: Law takes actions to adopt Digital technologies in herding, helping them to access to government, market information and value-chain activities.

Weaknesses

• Lack of Specificity: Similar to the “Law on the Legal Status of United Associations of Herding Households,” this law is often broad and aspirational, lacking specific details on how its various provisions will be implemented and enforced.
• Implementation Challenges: The law relies heavily on government support and intervention, which may be difficult to sustain given limited resources and capacity.
• Potential for Inequity: Some of the law’s provisions, such as preferential access to loans and services, may benefit some herders more than others, potentially exacerbating existing inequalities.
• Limited Focus on Land Tenure: While the law mentions the right to use natural resources and pastureland, it does not address the critical issue of land tenure security for herders.
• Lack of Integration with CPR Management: The law does not explicitly integrate its provisions with the principles of common-pool resource management or the role of herder associations in managing shared resources.
• Top-Down Approach: The law is largely a top-down, government-driven initiative, with limited emphasis on bottom-up participation and community-based decision-making.
• Lack of Enforcement Mechanisms: The law doesn’t prescribe enforcement mechanisms.