A/HRC/43/51/Add.2
66.
During his visit, the Special Rapporteur met with whistle-blowers who exposed
corruption scandals. A journalist explained that he was followed, surveilled and intimidated
by police and intelligence, and had to be temporarily relocated in a safe house, following
the publication of some of his articles. He was also subjected to smear campaigns, which
has continued to present him with serious challenges in obtaining a new job. The Special
Rapporteur believes that the adoption of a law on the protection of whistle-blowers would
be integral to protect them against any forms of retaliation, threats or charges for disclosing
information.
IV. National Human Rights Commission
67.
The National Human Rights Commission of Mongolia is mandated to promote and
protect human rights provided for in the Constitution, laws and international treaties to
which Mongolia is a party. It is also mandated to review complaints of human rights
violations and to initiate proposals and recommendations to State authorities. By working
together with the Government, the Commission makes an effective contribution to the
realization of human rights and can also be considered as a human rights defender.
68.
Human rights defenders met by the Special Rapporteur during the visit have all
reported that the National Human Rights Commission of Mongolia was well aware of
human rights issues affecting the country. They explained that representatives from the
Commission travel regularly to non-urban areas to meet with local communities. The
Special Rapporteur firmly believes that a strong and independent national human rights
institution is essential to protect defenders who may be at risk. In this context, the Special
Rapporteur is concerned that the National Human Rights Commission is operating with
very limited resources, with only a few staff outside the capital. The Special Rapporteur
echoes the recommendations made regarding the National Human Rights Commission
during the universal periodic review of Mongolia (see A/HRC/30/6) and those made by the
Human Rights Committee, which both recommended that the Commission be provided
with adequate financial and human resources to ensure its independent, transparent and
effective functioning (CCPR/C/MNG/CO/6, para. 8). The Special Rapporteur also believes
that the inclusion of the national preventive mechanism for the prevention of torture and
other cruel, inhuman or degrading treatment or punishment into the purview of the
Commission would adequately contribute to detecting and eliminating risks of torture.
V. Conclusions and recommendations
69.
Over the past 30 years, Mongolia has transformed itself greatly, building a
multiparty democracy with strong institutions, democratic standards and solid
frameworks for the participation of civil society, including human rights defenders.
The legal framework affecting the work of human rights defenders complies to a large
extent with international standards. However, more needs to be done to implement
national laws in practice. During the visit, the Special Rapporteur received various
testimonies from human rights defenders who reported that defenders – including
environmentalists, investigative journalists working on corruption, and children
rights defenders, are subjected to pressure, discrimination and harassment. Others
reported some more-hidden threats of possible retaliation against defenders or their
relatives. The repeated use of the administrative offence of libel to counter criticisms
is another serious source of concern that hinders the work of human rights defenders.
Essentially, there is a general sense of fear and self-censorship among the defender
community, which relates to the perception that exposing human rights violations or
abuses will result in economic and social sanctions.
70.
Under international human rights law, States have the duty to guarantee the
right of everyone, individually and in association with others, to strive for the
protection and realization of human rights. It is imperative for Mongolia to recognize
and support the important work of human rights defenders. In order to ensure human
rights defenders can carry out their activities freely and independently, an enabling
environment must be put in place.
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