A/HRC/43/51/Add.2 of society did not inhibit functional autonomy, and that they did not discriminatorily impose restrictions on potential sources of funding aimed at supporting the work of human rights defenders other than those ordinarily laid down for any other activity unrelated to human rights to ensure transparency and accountability. He stresses that no law should criminalize or delegitimize activities in defence of human rights on account of the origin of funding. He warmly encourages the Government to continue working with civil society, the National Human Rights Commission of Mongolia, international experts and others who can provide strategic advice to ensure that any amendment to the existing legislation meets international standards pertinent to freedom of association. 45. The right to freedom of peaceful assembly is well protected by the domestic legal framework. For protests to happen, individuals just need to declare to the local authority the time and place where their assembly will take place. In practice, however, some groups such as trade unionists, lesbian, gay, bisexual, transgender and intersex persons and children human rights defenders, reported facing some hurdles. Reportedly, they are at times requested to find another location or another day because a concurrent demonstration or a public event had already been scheduled. It is also reported that for some demonstrations, such as those organized by the lesbian, gay, bisexual, transgender and intersex community, police sometimes check the identity cards of participants prior to their joining demonstrations, which may deter individuals from exercising their right of peaceful assembly. In other cases, authorities simply refused to register the event, alleging moral grounds. This has happened repeatedly in the past few years when the metropolitan Ulaanbataar city government restricted access to the Sukhbaatar Square for activities of the Equality and Pride Day organized by the lesbian, gay, bisexual, transgender and intersex community. 46. The Special Rapporteur also heard testimonies that trade unions at times face hindrances to exercise their right to strike. The Special Rapporteur underlines that the right to strike should be guaranteed during all phases of collective bargaining agreements, including in situations where the collective bargaining agreements fail to be implemented. While noting that several business owners sit in the Parliament, he encourages the authorities to ensure any changes to the labour code provide for greater protection for the rights of unionists and workers. F. Access to justice and remedies 47. The Special Rapporteur is deeply concerned about the disturbing deaths of Lkhagvasumberel “Sumbee” Tumursukh, whose body was found in Khuvsgul Lake on 11 November 2015, and of Luntan Bolormaa, who was found dead at her home with a brain haemorrhage caused by a concussion in the occipital bone on 21 November 2015. In both cases, the defenders had been working on sensitive matters, including allegations of corruption. Both individuals had also been subjected to threats and appeared to have died in mysterious circumstances. It is vital for the Government of Mongolia to reopen the cases, investigate them properly with due consideration to the fact that they were both human rights defenders, and provide their families and the public with detailed reports on the investigations conducted. These two cases are highly troubling because they also instilled fear among the human rights defender community and deterred some of them from pursuing their work. 48. Access to justice is essential in realizing the right to effective remedies. On 9 May 2019, the Parliament approved amendments to the Administrative Courts Procedure Law. According to the amendments made, administrative courts that adjudicate disputes between individuals and public authorities are no longer in a position to oversee decisions made by the Cabinet when these are made in accordance with directives and guidance from the Parliament. These amendments were approved with a slight change, after the President had initially vetoed the text. The Special Rapporteur is seriously concerned that these amendments will prevent individuals and civil society groups from claiming damages from government action or inaction, notably those concerning mining and exploration licences or those related to land issues. Although non-governmental organizations have had the possibility to lodge class actions on behalf of others on matters of public interest since 11

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