A/HRC/43/51/Add.2
work is hindered by obstacles such as stigmatization, pressure, criminalization, hate speech
on social media, the lack of understanding of who human rights defenders are, and the lack
of access to information and to effective participation in decision-making processes. During
his visit, the Special Rapporteur was informed about various forms of violations and abuses
against human rights defenders, including intimidation; surveillance; blaming and
stigmatizing statements, especially on social media; and civil law proceedings initiated
under the guise of defamation. Several defenders also mentioned that if they were to get
more vocal or involved in what one might consider more-sensitive issues, their relatives
could face social or economic reprisals, such as obstacles to access to jobs, scholarships or
projects. Some individuals who met the Special Rapporteur during the visit indicated that
more defenders would have liked to have met with him but did not dare to do so for fear of
reprisals. Some also referred to the recent presidential elections, during which an
increasingly divisive discourse emerged, which had deterred some defenders from speaking
out.
22.
Given that the community in Mongolia is small and interconnected, these pressures
and stigmatization can at times create an environment of self-censorship owing to the fear
that any position on political or economic matters could result in retaliation, anonymous
threats, pressure from relatives or worse. It is imperative that any form of violence –
including threats of violence, online or offline, against human rights defenders – is
investigated and perpetrators brought to justice. Impunity for rights violations or abuses not
only denies the right of the victim to justice, but it also has a serious deterrent effect for
anyone standing up for human rights. In a context where the work of defenders is
insufficiently known, attacks, pressure or hate speech against defenders for cheap political
gains adversely impact those that defenders serve: the society as a whole.
23.
During the visit, human rights defenders also repeatedly referred to the murder of
Zorig Sanjasuuren as an example of the possible risks faced when promoting human rights
and democratic principles. Mr. Sanjasuuren was a Member of Parliament and a prodemocracy activist who was stabbed to death by attackers in 1998. In fact, the visit of the
Special Rapporteur took place just a few weeks after the revelation of a classified video
showing acts of torture committed against the two individuals imprisoned for the murder.
The revelation of the video profoundly affected the public, because doubts about the guilt
of the convicted have never been allayed fully. 1 Defenders also raised concerns at the lack
of effective investigation into the recent troubling deaths of two human rights defenders:
Lkhagvasumberel “Sumbee” Tumursukh and Luntan Bolormaa. There is a general fear
within the defenders’ community in Mongolia that working on certain issues, such as
human rights and the environment, anti-corruption or business accountability, may be
dangerous. As the Government continues to work on the elaboration of a law on human
rights defenders, the pressures that defenders face or perceive, from State institutions,
private sector representatives or the general public, need to be considered very seriously.
B.
Corruption and independence of the judiciary
24.
During his visit, the Special Rapporteur heard reports that corruption continues to
exist within the three branches of the State – the executive, the legislative and the judiciary
– in the capital and in the countryside, thereby undermining the confidence of the public in
the political and justice systems. The Special Rapporteur is seriously concerned about the
adverse impact of corruption on human rights in general, and human rights defenders who
report or strive to address wrongdoing and malpractice, in particular.
25.
With the purported objective of countering corruption practices, in 2019 the
Parliament passed new amendments to the law on the legal status of judges, the law on the
public prosecutor’s office and the anti-corruption law. The amendments were passed in an
emergency session of the Parliament without hearings or public consultations. The
1
6
Inter-Parliamentary Union, “Committee on the Human Rights of Parliamentarians: report on the
mission to Mongolia – 11–13 September 2017”. Available at
www.ipu.org/sites/default/files/documents/report_mission_mongolia-e.pdf.
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