Possible Human Rights Platforms in Mongolia

1. Corruption and Independence of the Judiciary

The involvement of the National Security Council in the procedure for the dismissal
of judges constitutes a serious breach of to the principles of the independence of the
judiciary and separation of powers, which in turn can have a detrimental effect on
democracy and human rights. The concern is that these reforms which essentially
empowers the Executive branch to dismiss judges with no just cause prior to end
term and with no appeal mechanism, is incompatible with the independence of the
judiciary and will deter judges and prosecutors from even speaking out against
corruption in politically sensitive cases to avoid being dismissed and/or
compromising their posts. This belies the need for a lobby platform to ensure that
appropriate measures are in place to ensure that legitimate action against
corruption does not affect judicial independence, which is a fundamental pillar of
any contemporary and progressive democracy .

2. Freedom of Expression

- The underlying concern is that public authorities, the private sector and the general
public have in recent years stigmatized, blamed, discredited and have even filed
lawsuits against human rights advocates under the guise of defamation. And while
article 1.4.4 of the revised 2015 Criminal Code effectively provides protection from
the criminalization of defamation, the concern is the wanton utilization of a civil law
defamation provision to silence critics. Under article 6.21 on administrative
offenses, the distribution of false information affecting the honor and reputation of
an individual could be punishable up to $7,642 for libel pertaining to legal entities.
Article 6.21 has historically been used time and again as a threatening tool against
human rights advocates, with articles 497 and 511 placing the burden of proof on
 the defendant. The articles stipulate that the defending party must prove the
accuracy of the information disseminated, and if it fails to do so shall be liable to
compensate the non-material damage in monetary or other form separately from
the material damage. According to data provided by human rights organizations,
from 2018-2019 a total of 374 journalists, media staff and social media users were
investigated under article 6.21 of the law on administrative offenses, with fines in
excess of 120 million MNT. Human rights advocates opposing extractive industries
or corruption practices are at particular risk of the misapplication of article 6.21,
thus the need for a platform for legal safeguards to protect journalists, civil society
activists and whistle blowers to ensure that valid expression of criticism would not
lead to persecution or harassment.

3. Access to information and participation in decision making

- The right to freedom of expression is closely intertwined with the right to seek,
receive and impart information. Effective access to information is particularly
important in a country that is resource-driven and exposed to private investment
that may have an impact on communities and the environment. In 2019, the United
Nations Special Rapporteur on an official visit on behalf of the Human Rights Council
heard repeated testimonies from civil society actors that mining licenses had at
times been granted despite public protests. As for any country, economic
development must go hand in hand with respect for the environment, preservation
of people’s culture, respect for worker’s labor rights, and public involvement and
participation. While the Law on Information, Transparency and Freedom of
Information of 2011 is compliant to international standards, more efforts are
needed to effectively implement and make it known to state officials and the public.
The aforementioned law provides that public consultations be organized and the
approval of the local community be obtained in order for a mining project to start its
extractive work. Local authorities can also participate in the process, thus ensuring
that the public interest will be given primary consideration. However, it has been
learned that these consultations have more often than not devolved into pro forma
affairs, with some lasting as short as 30 working days which is generally insufficient
to discuss projects that are oftentimes complex and multidimensional. Given that
the population is nomadic and dispersed over a large area, the time proposed to
gather individuals and develop consensus is too short to be considered an inclusive
process. Community level concerns have also been voiced at the collusion of local
authorities and the business sector outside the capital, undermining public
participation and accountability. In addition, the economic imbalance between
herder families and major conglomerates have not always allowed for public
participation, with companies consulting and giving more credence and benefits to
those favorable to their projects. Local authorities have admitted as such, and that
they have had difficulties in regulating the relationship between herders and large
companies leading to polarization in the community. This requires an adequate
response from the State in order to prevent further human rights violations. A
formal and neutral platform is thus recommended to ensure responsible and
accountable business behaviors, together with open and participatory public
processes, which would lead to sustainable economic development in the country.
The aforementioned platform could provide the role of being a focal point, ensuring
the provision of easy to understand and publicly available information, including
reasoning for the mining projects, individual inspections and rehabilitation. This
platform could have the ability to receive complaints from human rights advocates
and the general public, while serving as an impartial liaison to the big mining
companies.