A/HRC/43/45/Add.2
issue, in which it highlights the prevalence of corruption within the State party. 91 It was
highlighted during the mission that corruption was common in the business sector, including
in mining activities, an issue also raised by the Special Rapporteur on environment in 2017.92
84.
The 2019 voluntary national review report also underscores that corruption remains a
major issue and is not reducing. From the population’s perspective, the results of a 2018
survey on the perception of corruption in Mongolia revealed that the frequency and scope of
corruption by public sector actors was perceived to be less in 2018 than in 2017, while also
highlighting the particular vulnerability of government services to corruption. The need to
address grand corruption cases also appears to be a concern.
85.
The Independent Authority against Corruption is a key institution in charge of raising
public awareness and education, undertaking corruption prevention activities, carrying out
undercover operations, inquiries and investigations in detecting corruption crimes, and
reviewing and inspecting assets and income declarations. 93 Regarding prevention, the
Authority’s recent efforts, such as carrying out State fund inspections and conducting
corruption risk assessments in 24 ministries in 2018, should be noted.94
86.
While more than 239 alleged criminal cases were investigated by the Authority in
2014, less than 30 per cent have been prosecuted.95 Of note is the significant discrepancy
between the number of cases submitted to the Authority and those referred to the General
Prosecutor’s Office. It is of concern that undue political pressure and lack of cooperation by
public agencies were reported among the challenges faced by the Authority.96
87.
The Sustainable Development Vision 2030 aims to “build professional, stable and
participative governance, free of corruption that is adept at implementing development
policies at all levels”. 97 Nonetheless, it should be noted that the current Sustainable
Development Vision 2030 strategy does not set specific action to address this issue.
88.
Effective regulation is needed to tackle a range of challenges, including: (a) conflict
of interest, by ensuring that legislation is shaped by all relevant principles applicable in the
field, such as separation of powers, legality, publicity of administrative acts, fairness and
efficiency, and that this legislation is effectively implemented; (b) prevention of lobbying by
various sectors; and (c) more robust protection of whistle-blowers in line with international
human rights standards.
89.
Lastly, ensuring the independence of the judicial system is key to effectively
preventing and combating corruption. In this regard, the Special Rapporteur on the situation
of human rights defenders and the Special Rapporteur on the independence of judges and
lawyers recently expressed their concerns to the Government about the amendments in March
2019 to the law on the legal status of judges and the law on the General Prosecutor’s Office,
introducing a new procedure for the dismissal of judges and heads of the prosecution service
on the basis of a recommendation from the National Security Council of Mongolia. 98
VI. Lending for infrastructure projects from a human rights
perspective
90.
Foreign direct investment has increased significantly in Mongolia over recent years.
Despite the drastic drop in total net investments in 2016 during the economic downturn,
91
92
93
94
95
96
97
98
16
E/C.12/MNG/CO/4, para. 11.
A/HRC/37/58/Add.2, para. 59.
See www.iaac.mn/page/55?menu=17.
OECD, Anti-corruption Reforms in Mongolia: 4th Round of Monitoring of the Istanbul Anticorruption Action Plan (Paris, 2019), p. 35.
See www.iaac.mn/page/67?menu=38; the most common offences were abuse of power by public
officials and receiving or giving a bribe.
OECD, Anti-corruption Reforms in Mongolia, p. 8.
Mongolia, Mongolia Sustainable Development Vision 2030.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24599.
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