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Article

20 May 2021

Author:
FORUM-ASIA & other organisations

Mongolia: Human rights group welcome new law to protect HRDs but flag problematic clauses

'[Joint Statement] Mongolia: New law protecting human rights defenders welcomed but problematic clauses raise concerns', 20 May 2021

The historic passing of the Law on the Legal Status of Human Rights Defenders (HRD Protection Law) on 1 April 2021 in Mongolia is a welcome step towards fostering a safe and enabling environment for human rights defenders (HRDs). However, despite the significant progress made, vaguely worded provisions in the law which could be used against defenders raises concerns...

Several articles that could potentially undermine defenders include Article 7.2.1 which prohibits human rights defenders from receiving funds from any party to conduct activities deemed to harm national unity or is considered a terrorist activity; and Article 8.1.3 which prohibits defenders from ‘defaming the honour, reputation and fame of others.’

‘These provisions could be misused to delegitimise the work of human rights defenders, which goes against the very essence of the law. As we have seen in Cambodia, Bangladesh, and other Asian countries, similarly worded articles in laws regulating non-governmental organisations have been used to hinder the work of defenders. Many civil society organisations and independent media outlets have been forced to shut down, suspend, or limit their operations due to “non-compliance” to these repressive clauses,’ said Shamini Darshni Kaliemuthu, Executive Director of FORUM-ASIA.

... Land and environmental defenders are among the most targeted groups of defenders in the country. They often face threats, harassment and at times are subject to physical violence for their role in holding State and non-state actors accountable.

Emblematic cases include the death of environmental defender, Lhagvasumberel Tumursukh, under suspicious circumstances in 2015, and the physical and sexual harassment of woman human rights defender, Mungunkhun Dulmaa, in 2018...