The roundtable discussion on the occasion of the International Day to End Impunity for Crimes against Journalists was jointly convened by Globe International Center, Open Society Forum and Confederation of Mongolian Journalists on 2 November 2015 at the OSF Conference Hall. It was supported by the UNESCO, Beijing Office and attended by 50 participants and 5 speakers, including Mr.Toby Mendel, Executive Director of the Centre for Law and Democracy. Mr. Mendel has been working with Mongolia since 2001 when the new law on public broadcaster had been developed. He also contributed to the Right to Information Law which was adopted in 2011.

Ms Khashkhuu Naranjargal, President of Globe International Center started her opening speech by stating about journalism duty to expose corruption and wrongdoings. “That’s why the journalists face certain types of pressure, intimidation or threats. So this International Day is not only for commemorating or raising issues of killed journalists, but also highlighting issues of working journalists and their safety” she said. “The International Day to End Impunity for Crimes against Journalists was proclaimed by the United Nations General Assembly to highlight the urgent need to protect journalists, and to commemorate the assassination of two French journalists in Mali on 2 November, 2013” she stated.

She stressed that in the last years only less than one in ten cases involving the killing of journalists is ever resolved. Globe International has been conducted a monitoring on free expression violations. She mentioned that in only two cases perpetrators attacking journalists were punished. She continued “In order to ensure the safety of journalists, there is a need for collective struggle, and most of all the role of law enforcement bodies is essential. There is a need for raising their awareness, sharing best practices, and develop mechanism for ensuring the safety of journalists.”

As of the Mongolian situation, the media face many problems, most concerned is many journalists faced attacks and pressure are leaving their jobs. This is the measure how the environment and safety are favourable. She stressed most of journalists who were considered as independent and fair left their jobs and started to work at public bodies or companies as media representatives.

Mr. Jargalsaikhan started by thanking attendees that came to mark the International Day together. He introduced the UN and UNESCO’s efforts to address the issue of impunity and safety of journalists. “We together are gathering today for the second time to commemorate the International Day that was proclaimed by the UN General Assembly’s resolution of 2013. UN calls Member States to strengthen efforts against pressure and attacks against journalists in the line of duty. So the UNESCO Secretary General sent message to Member States raising the issue.” he said. “In the last 10 years more than 700 journalists have been killed and 40 per cent of them were from printed media” he continued. Mr. Jargalsaikhan stressed that every media professional’s safety is in risk. This the concerned issue not only for journalists in conflict zones but also for those who work in their homeland. There are many incidents of attacks against journalists at their workplace or home. He called everyone to combine efforts in fighting against impunity for attacks against journalists. He highlighted UNESCO GD’s condemn of more than 542 cases of killings of journalists in the past six years and her request to Member States for information about judicial follow-up to killings. The rate of voluntary response has risen in 2015. Mr. Jargalsaikhan finished his speech by thanking all attendees and journalists coming to share their views to emphasize the issue.

Ms.Dash Munkhburen, Lawyer of Globe International Center presented the Mongolian situation of impunity for crimes against journalists and recent cases on violation of free expression. She highlighted the provision of the Mongolian Criminal Code which stated: No one may be subjected to criminal liability for his/her opinion and beliefs. “Journalists are the main subject to express themselves and journalistic activities often put them into pressure” she continued. “Thus they should be protected according to the principles of legality” she said. She further released that crimes against journalists often remain unpunished. Corruption, crime or illegal actions exposed by the journalists often not investigated. Instead of it, journalists that wrote or spoke in the public interest are punished. Many illegal actions are considered as a crime according to the Criminal Code. However, journalists who face threatening, pressure or intimidation, whose working tools including camera destroyed or damaged, who were prevented from news gathering preferred to remain silent due to further pressure, she stressed. “Mongolian journalists are highly self-censored” she highlighted. Ms. Munkhburen also emphasized as a big challenge for Mongolian media that current defamation laws requires journalists to prove the truth and objectiveness of their publications rather than investigating issue they exposed in the public interest.

Mr. Galaarid informed about advances in protection of journalistic rights, including recently established Media Council and Agreement of the CMJ with the Association of Mongolian Advocates to protect journalists in courts. Many young journalists face challenges due failing in careful examination of the facts they raise. So, CMJ is planning to focus on providing them with methodological advice.

Mr. Khurelbaatar Batkhishig, Vice President of CMJ highlighted recent cases on pressures, lawsuits and attacks against journalists. He stressed that journalists often are pressured to reveal their sources, to give witness’s testimony or to prove information fairness. There are many incidents that young journalists who were questioned by the Police due to their publications left jobs. They avoid from writing social issues or investigate in the public interest. 

Mr.Toby Mendel started by expressing his happiness to be here to mark the International Day. He presented on the legal obligations on States to address Impunity. He highlighted that phenomenon we talking about today named “censorship by killing.” He spoke about International Law and formal legal responsibilities of States under International Law in the area while other speakers talk about needs, problems and specific focus on Mongolia. He further said “This responsibility flow from the right to freedom of expression which is protected under International Law” and highlighted two aspects of this responsibility: International Law protects speakers and also listeners, right to impart information but also right to seek and receive information, so it protect both sides. International Law prohibits States from interfering with freedom of expression but it also puts positive obligation on States to take positive actions, where necessary, to defend freedom of expression, he continued.

Mr. Mendel underlined “If you kill journalist you attack everyone’s right to receive information, because of that International Law places special responsibilities on States to defend this FoE and this situation, possible measures that State can take.” He highlighted on what concrete measures that States can take: awareness raising always needs to be a part of any strategy to address human rights problem, transparency, training for journalists, but specialized safety trainings, to protect themselves, train police and law enforcement officials, firstly on how important FoE and role of journalists making this freedom in reality. Toby Mendel continued, investigation should be independent, speedy and effective. State should compensate the victims. There is a need to build a system of protection, when journalist is threatened. There should be some protection available; media owners should provide insurance, health care, trainings, those kinds of measures to help protect the journalists. He finished “In Mongolia, the situation have not yet reach the proportion that we see in countries like Mexico, Pakistan or Columbia and if you take an appropriate measures at this point, hopefully, you can manage to keep the problem from growing, both of government of Mongolia and other actors need to do.”

Ms. Naranjargal stated that journalists’ professional standards are not subject to the law. This is the issue of ethics and should be self-regulated. We have recently established Mongolian Media Council. There is a mechanism to approach the council, if you feel defamed or affected by journalistic activities. In a democratic society freedom of expression is protected by State and any types of censorship is prohibited by law, she continued. I can’t say that the Mongolian journalism community is not clear, independent and fair, she said. However if we don’t protect freedom of expression and free press, we will lose democratic values” she finished.