- EU puts sanction regime against severe human rights into practice -
“Respect for human rights, freedom, justice and national unity is a mission declared by Mongolians in its Constitution. However, in today’s society, social justice has become a pressing issue and something we greatly need just like fresh water and fresh air. Only in a just society can human rights be guaranteed. The Mongolian people want and demand such a society be established,” President of Mongolia U.Khurelsukh remarked as he opened the National Human Rights Forum last Friday.
Thousands of Mongolians and foreign experts joined the forum both in-person and online to spotlight pressing human rights issues and shape solutions for them on Human Rights Day. Held under the theme “Freedom – Equality – Unity”, the forum reviewed civil and political rights, economic and social rights, the national human rights protection system, and the link between climate change and human rights. Participants were given the chance to evaluate measures taken to ensure, protect and promote human rights and freedoms guaranteed by the Constitution, as well as outcomes and effects of laws, international human rights treaties and conventions that Mongolia has ratified in this area.
“Rule of law, not man” means that the nation will be governed only by the Constitution and other laws – the law shall not be distorted but strictly abide by, asserted the president during his opening remarks. He viewed that the Mongolian state law should be democratic.
President U.Khurelsukh continued, “The National Human Rights Forum is being organized under the theme ‘Freedom – Equality – Unity’. We declare in our Constitution that ‘A person shall not be discriminated against on the basis of social origin, status, wealth, occupation, position, religion, opinion or education, and everyone shall be equal before the law and the courts’. However, there is still injustice, such as the privilege of the powerful, the wealthy, the deceitful, and the lenient punishment. The Mongolian government must never accept this. We must have a state that governs the broken and loves the weary. This is the Mongolian state. Such a state has existed and should continue to exist.”
He stressed the need for Mongolia to pay greater attention to three key areas to strengthen the national human rights system: Update its human rights policies and plans, improve the national system for the protection of human rights (including fundamental civil rights), and ensure the rights of Mongolians.
Since its turn towards democracy in 1990, Mongolia has in principle acknowledged the concept of human and civic rights. Since adopting its National Human Rights Action Program in 2003, the country has already established a national human rights mechanism, forming civil society protection and human rights protection and a high sense of freedom among the population. However, the onset of the COVID-19 pandemic has reminded everyone of many new issues and the need to look at human rights in a new light.
The president opinionated, “Climate change and ecological balance pose certain challenges to human rights, especially the right to live in a healthy and safe environment. The fourth industrial revolution, technical and technological progress, also seem to pose human rights risks. Violations of human rights, threats to national security, and adverse impact on public mentality are becoming increasingly of concern in cyberspace. Therefore, research by professional, civil society and international organizations continues to show that there is a real need to properly align our human rights record with the many global changes mentioned above.”
Concluding his speech, President U.Khurelsukh urged professional bodies and authorities to renew legislation related to human rights, including the Law on Constitutional Court, before calling on all citizens to respect human dignity and fulfill their honorable duty to protect human morality, human rights and freedoms at all times.
Human rights-based approach supports sustainability
Both the United Nations (UN) and European Union (EU) commended Mongolia in its path to ensuring human rights and highlighted human rights as a cornerstone for driving countries to sustainable development.
This is a critical year as Mongolia celebrates the 60th anniversary of its membership to the UN and the 20th anniversary of the establishment of an independent national human rights organization in Mongolia. On these occasions, UN Resident Coordinator in Mongolia Tapan Mishra addressed the National Human Rights Forum virtually, urging Mongolia to adopt human rights-based approach to development.
“This year, Human Rights Day’s theme relates to equality and Article 1 of the Universal Declaration of Human Rights: ‘All human beings are born free and equal in dignity and rights. The language of the universal declaration is very simple and messages very powerful. It envisions a world where nations foster friendly and peaceful relations with each other, where people enjoy a better standard of life, and where there is universal respect for human rights. Importantly, it also sets out what those fundamental human rights are. The principles of equality and non-discrimination are the heart of human rights. Equality, inclusion, and non-discrimination, in other words, are human rights-based approach to development and the best way to reduce inequalities and resume our path to realizing the 2030 Agenda,” he stated.
“Rampant poverty, emerging inequalities and structural inequalities are human rights violations and amongst the greatest global challenges not only in Mongolia at this time but around the world. Addressing them effectively requires measures grounded in human rights renewed political commitment and participation of especially those most affected. Human rights, including economic, social and cultural rights, as well as the right to development and right to a safe, healthy and sustainable environment are central to building a new human rights-based economy that supports better, fairer, and more sustainable societies for the present and future generations. A human rights-based economy should be the foundation of a new social contract.”
Ambassador Extraordinary and Plenipotentiary of EU to Mongolia Axelle Nicaise agreed that human rights are essential to shape sustainable development. She added that “the respect for all human rights is a precondition for any democratic and resilient society’s security and long-term peace”.
“A system of democracy is something to cherish. A society that debates on matters that concern the people in the country is a sign of a healthy society and so is Mongolia. The Mongolian people chose democracy 30 years ago and there is no doubt that there is a solid foundation to build on in Mongolia when it comes to human rights. We have heard before a very strong message that the highest level is committed to this renewed and continued commitment. Mongolia is one of the countries in Asia I’d like to stress that has ratified the widest number of human rights treaties. The relation between the EU and Mongolia is based on the common value of democracy, human rights and rule of law. In that respect, we are truly like-minded partners.”
Nicaise underscored, “Human rights will continue to guide all of our actions. No one should be left behind. No individual human rights should be ignored. The pandemic has affected the situation but it is no reason to slow down our efforts. Instead, we will continue together with additional strength.”
The EU has continued global action to defend and reinvigorate human rights around the world. As part of this work, the EU adopted the EU Global Human Rights Sanctions Regime on December 7, 2020.
“The sanction regime, allows the EU to target individuals, entities and bodies with restrictive measures in regards to severe act of breach of human rights such as genocide, crimes against humanity and other very serious human rights violations and abuses. This framework will allow for imposing travel bans on individuals and freeze funds of individuals and entities. For the first time, the EU has used this sanction regime to impose sanctions in persons and entities involved in the most serious violation and abuse of human rights,” informed Nicaise.
Laws need to be updated
This year’s National Human Rights Forum featured keynote presentations on “Legislative Power and Human Rights”, “Legal Reform – Human Rights”, “Human Rights and the Judiciary”, and “Human Rights Issues and Civil Society Participation”.
Acting Head of the National Human Rights Commission of Mongolia and legislator J.Khunan delved into the past, present and future of human rights situation in the country.
Mongolia has created a legal environment for ensuring human rights by adopting legislation such as the Law on Child Protection and Law on Combating Domestic Violence. However, domestic violence against children has not decreased, according to a nationwide survey conducted by the National Human Rights Commission.
“In 2020, three children died as a result of domestic violence and child protection in cyberspace is also a challenge,” he said.
A survey conducted by the Communications Regulatory Commission in 2021 revealed that Mongolian children spend an average of four hours a day online, which is two hours more than the internationally acceptable time. The police recorded 17 cybercrime cases committed against children in 2012, which sharply rose to 279 in 2018. The number of calls made to the Child Helpline in relation to cyberbullying had increased from 85 in 2016 to 229 just two years later.
J.Khunan said in his presentation that joint working groups, which are the primary implementing units of the law, are facing difficulties in fulfilling their responsibilities under the law due to insufficient budgets.
Mongolia was one of the few countries in Asia with full freedom from 1991 to 2020, according to the Freedom House Index of Freedom. However, it is currently in urgent need of amending its laws to better address human rights issues.
J.Khunan noted, “The time and circumstances demand that appropriate amendments be made to procedural laws to ensure the right to a fair trial and make it accessible to citizens. For example, the 2002 Civil Procedure Code not only violates the rights of citizens but also negatively affects domestic and foreign investment and economic development due to the lack of regulation of expeditious and impartial settlement of disputes. In practice, non-enforcement of civil and administrative court decisions that have resulted in civil damages undermines citizens’ confidence in a fair trial and court. Therefore, it is necessary to regulate the law so that the state pays the damages quickly and the guilty party reimburses them.”
It is crucial to establish a methodology for objectively assessing and estimating the loss of life, health, property and psychological damage caused by crime, as well as determining monetary compensation for emotional damage caused by arrest, detention or torture as a result of illegal criminal proceedings, as noted by the legislator. He also called for special attention to the mental health of adolescents as the majority of people treated at the National Center for Mental Health are adolescents.
In this context, J.Khunan viewed that it would be more effective to change the concentration of fines and interest income on non-budget local revenues, establish a Damage Fund, compensate victims through this fund, and spend it on crime prevention and education. For this purpose, a law on the Damage Fund and the legal environment for damage assessment must be created.
The National Human Rights Commission recommends ending the practice of declaring a person guilty of a crime without a court verdict, ending the illegal disclosure of case materials and insult to people’s reputation, and regulating non-formal investigations by law. The only way to restrict the inviolability of human rights is to allow courts to authorize secret or non-formal investigations under judicial review, J.Khunan stressed.
In this regard, Deputy Minister of Justice and Internal Affairs B.Solongoo stated, “In order to ensure the right to a fair trial, as enshrined in the Constitution, citizens are paying close attention to legal assistance and international law. In the future, judges will be trained to specialize in trade, taxation, and corruption.”
She added that research is underway to update the law, strengthen accountability, and protect victims’ to improve crime control methods. They are also looking into strengthening the prosecution of cases such as torture, anti-corruption, fraud and dissemination of false information. Specific efforts are being made to determine the psychological consequences to victims and refine the methodology for estimating compensations. B.Solongoo added that the government is examining ways to improve information transparency and revise the Law on Mortgages.
Following the keynote speeches, the National Human Rights Forum hosted sectoral meetings on civil and political rights, economic and social rights, improvements for the national human rights system, and climate change and human rights. The forum was a huge success that brought multilateral dialogue on human rights, identified and sought solutions for relevant challenges, and reaffirmed Mongolia’s commitments to protecting and promoting human rights. As many participants noted, the COVID-19 has made it difficult to focus on important issues such as human rights and freedom but it is, by no means, a reason to cast them aside or decelerate efforts to resolve them.
