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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