A/HRC/43/51/Add.2
expresses his concerns at a presidential initiative aimed at restoring the death penalty for
brutal offences of child sexual abuse, which if adopted would violate the State party’s
international human rights obligations.
7.
The Special Rapporteur commends Mongolia for its engagement at the Human
Rights Council, including in relation to the adoption of resolutions on human rights
defenders, civic space and many more issues.
8.
Mongolia has a standing invitation to all Special Procedures of the Human Rights
Council. The Government’s cooperation with international human rights mechanisms is
demonstrated by its acceptance of no less than five visits by special rapporteurs on issues
particularly important to the country – including human rights and the environment, the
right to water and sanitation, or the effects of foreign debts on the enjoyment of human
rights – in just the past three years. It will soon undertake its third review under the
Universal Periodic Review of the Human Rights Council.
B.
1.
National legal framework
Constitutional guarantees
9.
The Special Rapporteur welcomes the constitutional guarantees for numerous rights
and freedoms that are essential to the work of human rights defenders. Of significant
importance is article 16 of the Constitution, which recognizes the right of citizens to take
part in the conduct of public affairs, the right to form a party or a public organization, the
right to submit a petition or a complaint to State bodies, the right to personal liberty and
safety, the right to justice, the right to seek and receive information, as well as the freedom
of conscience and religion, the freedom of thought and expression and the freedom of
movement. Article 19 of the Constitution further affirms that the State is responsible for
creating economic, social, legal and other guarantees to ensure human rights and freedoms,
to prevent violations of human rights and freedoms and to restore any infringed rights. The
Constitution also enshrines the principle of equality and non-discrimination in its article 14.
10.
According to article 10 of the Constitution, international treaties to which Mongolia
is a party shall become effective as domestic legislation upon the entry into force of the
laws or on their ratification or accession. In the case of conflict with domestic laws, the
Constitution specifies that the provisions of the international treaty take precedence.
2.
Law protecting human rights defenders
11.
The Special Rapporteur warmly welcomes current discussions for the adoption of a
specific law to protect human rights defenders. He appreciates the political commitment of
the Cabinet to consider this law. Given that no other country in the region has adopted a
law to protect defenders, the adoption of legislation on this matter would prove to be a
powerful step forward in the country and the region as a whole.
12.
Human rights defenders in Mongolia do not face the same challenges faced by their
fellow colleagues in the region; however, the adoption of a robust law to protect their rights
would be instrumental in ensuring they can conduct activities to promote and protect human
rights free from intimidation, pressures, violence, reprisals or unreasonable restrictions
from State and non-State actors. Protections granted by a new law on human rights
defenders might not be used on a daily basis, but such a law would give people the
assurance that their important work is recognized and protected.
13.
However, the Special Rapporteur regrets the alleged resistance from the Ministry of
Justice and Home Affairs to adopt the law on human rights defenders. The resistance is
reportedly related to concerns that the new law might duplicate public service functions and
increase public expenditure. According to information received, the Cabinet most recently
discussed the draft law on 11 December 2019. Although most Cabinet members were said
to be in favour of the adoption of the law, or at least neutral, the Cabinet could not agree on
the matter and decided to reconsider it at its next session.
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