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; 16

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