A/HRC/43/51/Add.2 66. During his visit, the Special Rapporteur met with whistle-blowers who exposed corruption scandals. A journalist explained that he was followed, surveilled and intimidated by police and intelligence, and had to be temporarily relocated in a safe house, following the publication of some of his articles. He was also subjected to smear campaigns, which has continued to present him with serious challenges in obtaining a new job. The Special Rapporteur believes that the adoption of a law on the protection of whistle-blowers would be integral to protect them against any forms of retaliation, threats or charges for disclosing information. IV. National Human Rights Commission 67. The National Human Rights Commission of Mongolia is mandated to promote and protect human rights provided for in the Constitution, laws and international treaties to which Mongolia is a party. It is also mandated to review complaints of human rights violations and to initiate proposals and recommendations to State authorities. By working together with the Government, the Commission makes an effective contribution to the realization of human rights and can also be considered as a human rights defender. 68. Human rights defenders met by the Special Rapporteur during the visit have all reported that the National Human Rights Commission of Mongolia was well aware of human rights issues affecting the country. They explained that representatives from the Commission travel regularly to non-urban areas to meet with local communities. The Special Rapporteur firmly believes that a strong and independent national human rights institution is essential to protect defenders who may be at risk. In this context, the Special Rapporteur is concerned that the National Human Rights Commission is operating with very limited resources, with only a few staff outside the capital. The Special Rapporteur echoes the recommendations made regarding the National Human Rights Commission during the universal periodic review of Mongolia (see A/HRC/30/6) and those made by the Human Rights Committee, which both recommended that the Commission be provided with adequate financial and human resources to ensure its independent, transparent and effective functioning (CCPR/C/MNG/CO/6, para. 8). The Special Rapporteur also believes that the inclusion of the national preventive mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment into the purview of the Commission would adequately contribute to detecting and eliminating risks of torture. V. Conclusions and recommendations 69. Over the past 30 years, Mongolia has transformed itself greatly, building a multiparty democracy with strong institutions, democratic standards and solid frameworks for the participation of civil society, including human rights defenders. The legal framework affecting the work of human rights defenders complies to a large extent with international standards. However, more needs to be done to implement national laws in practice. During the visit, the Special Rapporteur received various testimonies from human rights defenders who reported that defenders – including environmentalists, investigative journalists working on corruption, and children rights defenders, are subjected to pressure, discrimination and harassment. Others reported some more-hidden threats of possible retaliation against defenders or their relatives. The repeated use of the administrative offence of libel to counter criticisms is another serious source of concern that hinders the work of human rights defenders. Essentially, there is a general sense of fear and self-censorship among the defender community, which relates to the perception that exposing human rights violations or abuses will result in economic and social sanctions. 70. Under international human rights law, States have the duty to guarantee the right of everyone, individually and in association with others, to strive for the protection and realization of human rights. It is imperative for Mongolia to recognize and support the important work of human rights defenders. In order to ensure human rights defenders can carry out their activities freely and independently, an enabling environment must be put in place. 15

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