A/HRC/43/51/Add.2
71.
Mongolia has often – and rightly so – been depicted as a champion of
democracy in East and Central Asia, but recent political discourse and legislative
amendments send mixed messages. Given the proximity of the political sphere with
the business sector, amendments to the legislation – whether recently adopted or
under discussion – that tend to concentrate the power in a few hands are worrying, as
they can be used to shield the executive from any forms of criticism. Political
interference in the judiciary not only gravely undermines the principle of separation
of powers, but also impairs the ability of human rights defenders to play their
important role in reporting and contributing to addressing human rights violations
and abuses.
72.
Legal safeguards should therefore be maintained to ensure there is no
retrogression in the protection of human rights defenders. The unique role defenders
play in the protection of the rights of communities, the fight against corruption and
the promotion of new social models that are respectful of the environment must be
acknowledged, developed and encouraged. A new, robust law on human rights
defenders would be effective in doing just that: recognizing, protecting and supporting
the vital role played by human rights defenders in the society.
73.
In that connection, the Special Rapporteur recommends that the Government
of Mongolia:
(a)
Enact the law on human rights defenders, not only to protect the rights
of human rights defenders, but also to recognize and promote their vital and
legitimate work, and to end impunity for attacks against defenders in a concrete way;
(b)
Restore the independence of the judiciary, the autonomy of the
prosecution service and the separation of powers by repealing the amendments to the
law on the legal status of judges and the law on the public prosecutor’s office, in order
to eliminate any interference by the National Security Council in the independence of
the judiciary and the prosecution service;
(c)
Repeal amendments to the administrative courts procedure law and
ensure that administrative courts are provided with the ability to oversee decisions
made by the Cabinet;
(d)
Integrate a human rights perspective into anti-corruption strategies to
ensure that necessary measures to combat acts of corruption or corrupt behaviour do
not adversely affect human rights. Implement a zero-tolerance policy towards
corruption and ensure the independent functioning of the existing anti-corruption
institutions;
(e)
Enact the law on the protection of whistle-blowers to protect them
against any forms of intimidation, threats or criminalization;
(f)
Ensure that any revision to the law on non-governmental organizations
is in line with international standards, especially with regard to registration and
funding. Make sure that any amendments made to this law do not restrict but rather
enable the work of human rights defenders and civil society organizations;
(g)
Ensure respect for the right to privacy and the right to freedom of
expression in all aspects of Internet regulations, including by adopting a data
protection law. Restrictions to those rights should strictly follow the principles of
legality, necessity and proportionality;
(h)
Establish policies to promote media pluralism and independence,
including by ensuring the independence of the media regulatory authority;
(i)
Develop, in consultation with human rights defenders, and enact a
national action plan on business and human rights in order to disseminate and
implement the Guiding Principles on Business and Human Rights and regulate the
relationship between companies and herders and other communities;
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