A/HRC/43/51/Add.2
14.
The Special Rapporteur is firmly convinced that there is no duplication in adding
legal guarantees that protect individuals and groups against attacks or undue interference.
Protective guarantees may well exist in other laws, but such laws are neither designed for
the specific needs of defenders, nor are they intended to provide them with adequate
redress, as set forth in article 9 of the Declaration on Human Rights Defenders.
15.
In order to address the concern that a new law might imply an increase in public
spending, the Special Rapporteur holds the view that the protection mechanism provided
for in the current draft law could be adopted at a later stage. Adequate financial, human and
other resources will undeniably need to be allocated to the mechanism. Even more so, the
budget and the independence of the national human rights institution where the mechanism
would be placed will also need to be increased and strengthened. In particular, the Special
Rapporteur believes that the protection mechanism should be equipped with the ability to
coordinate actions with the relevant line ministries and institutions with a view to ensuring
that those responsible for violations and abuses against defenders are held accountable. It
should focus on long-term protection measures and on prevention strategies to assess and
mitigate the risks faced by defenders.
16.
The Special Rapporteur congratulates the participatory process that accompanied the
drafting of this law. He commends the Government for giving the National Human Rights
Commission and civil society the opportunity to have a significant role in the drafting
process.
17.
The current draft law complies to a large extent with international standards, in
particular with the Declaration on Human Rights Defenders. It contains numerous
protective provisions, including a detailed list of rights guaranteed to human rights
defenders, and proposes the creation of a committee on the protection of human rights
defenders, which would be integral to recognizing and protecting their work.
18.
The Special Rapporteur feels that the concept of human rights defenders is not
sufficiently known, understood and recognized in the Mongolian society. By advocating for
freedom of expression, justice or equality of rights for men and women and courageously
speaking out against corruption, injustice, discrimination or environmental destruction,
human rights defenders contribute to ensuring inclusive, accountable and prosperous
societies. The Special Rapporteur firmly believes that the adoption of this law could play a
decisive role in recognizing the important role played by human rights defenders in the
country, including, but not limited to, women and children human rights defenders,
environmental defenders, media workers, trade unionists, anti-corruption advocates and
whistle-blowers. In the light of Council resolution 40/11, adopted in March 2019, the
Special Rapporteur believes that an explicit reference to environmental human rights
defenders would provide an adequate recognition of their work; ensure their rights,
protection and safety; and be extremely useful in enabling their activities, with due
consideration to the specific challenges they face. Naturally, however, any list made in the
law would necessarily have to be indicative and non-exhaustive.
19.
The Special Rapporteur warmly encourages the Government to continue working
with civil society in this process and to adopt this important legislation that would place
Mongolia at the forefront of human rights defender protection in the region and beyond.
III. Situation of human rights defenders
A.
General context
20.
Human rights defenders can often conduct their human rights work freely in
Mongolia. A good body of laws that generally guarantees the rights and freedoms of human
rights defenders is in place. Although the implementation of these legal guarantees is not
yet fully effective, in general, Mongolia is a relatively safe country for human rights
defenders.
21.
However, this relatively safe environment does not translate into a situation where
human rights defenders are encouraged, enabled and empowered in their activities. Their
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