Day Two of the National Consultation on Human Rights Defenders in Mongolia
2017/09/03
The second day of the National Consultation: Human Rights Defenders Network 2017 on Sunday 3 September 2017 largely focused on reflecting on progress made in plans identified the year before, and drafting an action plan for the coming time. However, the first session in the morning gave the floor to several experts to present on key legislation and laws relevant for human rights defenders in Mongolia.
The first speaker was Ms. Sunjid, coordinator of the project, Citizen Participation. She discussed the recently approved General Administration Law, and its relevance for human rights in Mongolia. Among others, she touched upon: the complaints mechanism it provides; the responsibilities of the Government to consult with and to inform its citizens; and public hearings through which non-governmental organisations have the opportunity to lay claims on behalf of the public. With the latter being a recent option, only time will tell how effective this is.
Following, Ms. B.Batkhishig discussed the Environmental/Mining Law. Obviously, in Mongolia, this law is of great significance. The policy on mineral resources was adopted Jan 2017. She discussed the means through which citizens can obtain information, be involved in the process, and how to obtain remedies if rights are violated. She also shared the right to information related to the law, and what this means for mining contracts, among other related to environmental management planning and environmental impact. She also touched upon the Secrecy Law, and what information can be considered confidential or not.
Next, Ms.D.Enkhjargal, General Coordinator of MONFEMNET, presented on the new Law on Domestic Violence. The first law on domestic violence stems from 2004, but there have been amendments since. However, due to changes of Government, some important provisions have been excluded. In the last six years, 106 people were murdered by family members, the majority of them were women. The criminalisation of domestic violence is very important. The framework of the law has expanded — it now focuses upon not just those that are married, but others as well, e.g. single parents and those with child custody. However, there is a need for improved mechanisms and structures to protect victims of domestic violence. Accountability mechanisms remain an issue too.
Ms. S.Dondov, the Chair of Human Rights Center for Citizens, discussed the Regulation of Public Hearing Law. This new law was passed in January 2016, and is crucial for both citizens and non-governmental organisations. However, some challenge have already come to the fore, most significantly that few people know about the law and how to fully utilise it. Issues such as land disputes, pollution and others could be tackled based on this law. More efforts should be made to understand fully how to use the law to the advantage of the human rights movement.
Finally, Mr. O.Munkhsaikhan, Associate Professor at the National University of Mongolia, talked about the law on freedom of expression, including on defamation. In democratic societies, the freedom of expression is crucial. Citizens should have access to information. Those submitting complaints in Mongolia are largely politicians who accuse human rights defenders, specifically reporters, of defamation, at times resulting in judicial harassment. The freedom of expression should not be criminalised. Cases should be tried in the Civil Court and not the Criminal Court.
The rest of the day focussed both on reviewing the progress made related to strategic plans made the year before, and formulating plans for the coming period. Strategies discussed included: advocacy efforts to monitor and stimulate the passing of the draft Law on Human Rights Defenders; capacity building and the development of training materials; public awareness and engagement with the media; safety measures and emergency assistance; and communication and coordination among the human rights defenders network both in and outside of Ulaanbaatar.
The first speaker was Ms. Sunjid, coordinator of the project, Citizen Participation. She discussed the recently approved General Administration Law, and its relevance for human rights in Mongolia. Among others, she touched upon: the complaints mechanism it provides; the responsibilities of the Government to consult with and to inform its citizens; and public hearings through which non-governmental organisations have the opportunity to lay claims on behalf of the public. With the latter being a recent option, only time will tell how effective this is.
Following, Ms. B.Batkhishig discussed the Environmental/Mining Law. Obviously, in Mongolia, this law is of great significance. The policy on mineral resources was adopted Jan 2017. She discussed the means through which citizens can obtain information, be involved in the process, and how to obtain remedies if rights are violated. She also shared the right to information related to the law, and what this means for mining contracts, among other related to environmental management planning and environmental impact. She also touched upon the Secrecy Law, and what information can be considered confidential or not.
Next, Ms.D.Enkhjargal, General Coordinator of MONFEMNET, presented on the new Law on Domestic Violence. The first law on domestic violence stems from 2004, but there have been amendments since. However, due to changes of Government, some important provisions have been excluded. In the last six years, 106 people were murdered by family members, the majority of them were women. The criminalisation of domestic violence is very important. The framework of the law has expanded — it now focuses upon not just those that are married, but others as well, e.g. single parents and those with child custody. However, there is a need for improved mechanisms and structures to protect victims of domestic violence. Accountability mechanisms remain an issue too.
Ms. S.Dondov, the Chair of Human Rights Center for Citizens, discussed the Regulation of Public Hearing Law. This new law was passed in January 2016, and is crucial for both citizens and non-governmental organisations. However, some challenge have already come to the fore, most significantly that few people know about the law and how to fully utilise it. Issues such as land disputes, pollution and others could be tackled based on this law. More efforts should be made to understand fully how to use the law to the advantage of the human rights movement.
Finally, Mr. O.Munkhsaikhan, Associate Professor at the National University of Mongolia, talked about the law on freedom of expression, including on defamation. In democratic societies, the freedom of expression is crucial. Citizens should have access to information. Those submitting complaints in Mongolia are largely politicians who accuse human rights defenders, specifically reporters, of defamation, at times resulting in judicial harassment. The freedom of expression should not be criminalised. Cases should be tried in the Civil Court and not the Criminal Court.
The rest of the day focussed both on reviewing the progress made related to strategic plans made the year before, and formulating plans for the coming period. Strategies discussed included: advocacy efforts to monitor and stimulate the passing of the draft Law on Human Rights Defenders; capacity building and the development of training materials; public awareness and engagement with the media; safety measures and emergency assistance; and communication and coordination among the human rights defenders network both in and outside of Ulaanbaatar.