A/HRC/43/51/Add.2
I. Introduction
1.
The Special Rapporteur on the situation of human rights defenders conducted an
official visit to Mongolia from 30 April to 13 May 2019, at the invitation of the
Government. The main objective of the visit was to assess the situation of human rights
defenders in the context of the State’s obligations under international human rights law,
including the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (Declaration on Human Rights Defenders).
2.
The Special Rapporteur held meetings in Ulaanbaatar, Airag, Saynshand and
Zuunbayan. During his visit, he met with the President of Mongolia, the Minister of
Foreign Affairs, the Minister of Environment and Tourism, the State Secretary of the
Ministry of Justice and Internal Affairs and the Chief Adviser to the Prime Minister. He
also met with the Deputy Governor of the City of Ulaanbaatar in charge of urban
development issues, and the Governors of Zuunbayan and Airag. He also had the
opportunity to meet with the Speaker of the Parliament and the head of the subcommittee
on human rights of the Parliament. Moreover, he met with the Chief Commissioner of the
National Human Rights Commission, the Director of the Data Protection Unit and the Chair
of the General Authority of State Registration. He also held meetings with representatives
of the Office of the Prosecutor General and of the Supreme Court. In addition, he met with
members of the international community, including the country director of the Asian
Development Bank, and representatives of the private sector – in particular, representatives
from the company Orano Mining.
3.
The Special Rapporteur met with over 100 human rights defenders, including
representatives of non-governmental organizations, journalists and media workers,
environmental defenders, children rights advocates, trade unionists, herder activists, anticorruption advocates, whistle-blowers, lawyers and individuals fighting discrimination
against persons who are lesbian, gay, bisexual, transgender and intersex).
4.
The Special Rapporteur is very grateful to the Government of Mongolia for its
invitation and its very good cooperation and support throughout the visit. He also thanks the
Office of the United Nations Resident Coordinator in Mongolia for its valuable support
prior to and after the visit. He expresses his sincere gratitude to the individuals who took
the time to meet with him and share their testimonies, insights and recommendations.
5.
The Special Rapporteur also appreciates the dialogue with the Government of
Mongolia, which continued after his visit. In September 2019, he notably took an active
part in a seminar related to a proposed law on human rights defenders, organized by the
Office of the United Nations High Commissioner for Human Rights, the National Human
Rights Commission of Mongolia and the Ministry of Foreign Affairs.
II. International and national legal frameworks
A.
International legal framework
6.
Mongolia is party to most core international human rights treaties and protocols,
including the International Covenant on Civil and Political Rights and its Second Optional
Protocol, aiming at the abolition of the death penalty; the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; the
International Convention for the Protection of All Persons from Enforced Disappearance;
the Convention on the Elimination of All Forms of Discrimination against Women; the
International Convention on the Elimination of All Forms of Racial Discrimination; the
International Covenant on Economic, Social and Cultural Rights; and the Convention on
the Rights of the Child and its Optional Protocols on the involvement of children in armed
conflict and on the sale of children, child prostitution and child pornography. However,
Mongolia has yet to become a party to the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families. The Special Rapporteur
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