A/HRC/16/2
3.
General comments made by other relevant stakeholders
417. The National Human Rights Commission of Mongolia stated that the
recommendations made during the interactive dialogue of the Working Group covered
important aspects and challenges of Mongolia and supported the fact that the Government
had accepted 126 of 129 recommendations. It assured that, even though the issue of the
ratification of the Convention relating to the Status of Refugees and the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families depended on decision of Parliament and thus, the Government could not take a
final and firm position at this stage, the Commission would make special efforts to ensure
Mongolia’s accession to these treaties by carrying out an awareness-raising campaign and
advocacy to explain the importance of those treaties for Mongolians. The Commission
expressed the view that individual cases of human rights violations should be addressed to
national courts instead of the Constitutional Court. Efforts should thus be made to ensure
that the national courts issue fair decisions regarding such individual cases.
418. The Asian Forum for Human Rights and Development regretted that Mongolia had
not provided a written response to the 11 pending recommendations. It underlined the fact
that issues relating to land, water and environmental rights had not received due attention,
and expressed its disappointment that Mongolia had not accepted the recommendation
requesting to mandate the Constitutional Court to act upon violations of individual rights,
particularly for the land and environmental rights of indigenous and herder communities.
The Forum mentioned that 50 per cent of the population lived in the capital and were at
high risk owing to a uranium exploration project, while nomadic herders made up 25 per
cent of the population and were being pushed off their lands because of mining projects.
The Forum also underlined the contradiction between water scarcity and the desertification
challenge, on one hand, and the approval of mining projects in the Gobi Desert, on the
other.
419. The Asia Pacific Forum on Women, Law and Development referred to reported
frauds and vote buying during the 2008 parliamentary elections. Several candidates and
supporters of opposition parties struggling against the ballot-counting fraud had been
arrested and criminal charges were laid against them. It urged the Government and political
parties to shore up their political will to reform the Law on Elections on the basis of human
rights and democratic principles, norms and values to ensure free and fair elections. It
stated that the courts and Prosecutor’s office must reconsider all illegal processes to ensure
people’s right to a fair trial.
420. Amnesty International welcomed Mongolia’s support for the recommendations to
ratify the second Optional Protocol to the International Covenant on Civil and Political
Rights and urged the early implementation of these recommendations. It had raised
expectations that the death penalty would be abolished in national legislation. Amnesty
International also called on Mongolia to ensure the effective implementation of
recommendations to bring the definition of torture in national legislation into line with
international standards. While welcoming Mongolia’s support for the recommendation to
ensure access to health care, adequate housing, education and safe drinking water and
sanitation for all, especially people living in ger districts, Amnesty International was
concerned about the lack of adequate housing, infrastructure, sanitation and drainage
therein.
421. Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit – COC
Nederland NGO encouraged Mongolia to include discrimination on the basis of sexual
orientation and gender identity, as well as health conditions and disability, in its
Constitution to ensure that lesbian, gay, bisexual and transgender persons and other
minorities, such as people with disabilities and people living with HIV/AIDS, enjoyed
equal rights and freedoms. It commended Mongolia for accepting the recommendations to
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GE.11-17059
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