HUMAN RIGHTS DEFENDERS COMMITTEE

The Human Rights Defenders Committee was created in Mongolia after adopting the Law on Legal Status of the Human Rights Defenders on 02 April 2021 by the State Great Hural (Parliament) and its appointment of the first Commissioner in Charge of Human Rights Defenders on 02 June 2022 which is responsible for issuing a conclusion whether the rights of human rights defenders were violated.

Under the National Human Rights Commission of Mongolia, there shall be a non-full-time Human Rights Defenders Committee with a mandate to issue a conclusion on whether the rights of human rights defenders have been violated. The Committee consists of six members besides its head person. The Commissioner in charge of human rights defenders chairs the Committee.

As stipulated in the law, four members of the Committee shall be selected from representatives of non-profit legal entities through open hearings; one representative shall be nominated by the Mongolian Bar Association and the Association of Mongolian Advocates, respectively. The members shall be appointed for three years by the Commission. The Chief Commissioner appointed the following members of the Committee by his order: counselor and founder of the “Gunj Tuv” NGO, Undrakh Ch; Head of the Legal Department of the Confederation of Mongolian Trade Unions, Otgontungalag Ts; Lawyer and Member of the Board of the Mongolian Bar Association, Baasanjargal Kh; Lawyer and Member of the Board of the Association of Mongolian Advocates, Baasanjav, L; Executive Director of the “Tuv Tusgal” NGO, Sundui E; President of the Mongolian National Federation of Disabled Persons, Otgonbaatar Ts.

The Functions of the Human Rights Defenders Committee:

Receive complaints and information regarding human rights violations of human rights defenders;

Collect evidence, facts, and information relating to the complaint;

Determine the needs and importance of protection of human rights defenders and provide risk assessment;

Submit conclusion to the Commission based on risk assessment;

Conduct analysis and research on the implementation of the law and status of human rights defenders and include it in the annual human rights report of the Commission;

Create a database of complaints.

Prohibitions:

Conduct violent and non-peaceful acts or incite others to do so;

Exploit activities of human rights defenders for their interests;

Defame human rights, freedoms, honor, reputation, and notoriety of others.

Rights of the Human Rights Defenders:

Voluntarily take part in activities for promoting and protecting human rights and freedoms;

Influence to develop and discuss new ideas and principles of human rights, raise public awareness thereof, and advocate for their recognition;

Establish a non-governmental organization, a coalition, an association, a group, or a union and participate in their activities and assemble,

Communicate and cooperate with national, foreign, regional, and international organizations;

Receive, seek, find, know, publicize, keep, and share information necessary for protecting human rights and freedoms from the state organizations and legal entities, unless such information is confidential by the law;

Keep the source of information confidential until an effective remedy and reparation for the human rights violation are concluded;

In order to ensure that the draft law is in line with principles of human rights and freedoms, draw public attention, draft a specific proposal, organize a discussion, and deliver the proposal to legislation;

Conduct an assessment of the implementation of laws and policy documents and prepare necessary recommendations;

Lodge a complaint to and demand accountability from state organizations and public officials with their obligations to fulfill and protect human rights and freedoms, draw their attention to the violations of human rights and unlawful actions, and inform the public of such matters;

Represent a person with that person’s consent to promote and protect human rights and freedoms;

Per the international convention, complain about violations of human rights and freedoms to the competent international human rights body;

Observer the process of a trial and public hearing, express an opinion on the status of whether state organizations and public officials are complying with national legislation and international conventions;

Protected from interference during human rights protection activities, to have violated rights restored, to be provided with an effective remedy for his/her materialistic and non-materialistic damages, and to receive compensation.

Common obligations of state institutions, officials, and legal entities

Recognize and not violate the rights of human rights defenders;

Respect their activities;

Create an opportunity to undertake their activities in non-violent and peaceful ways;

Provide the necessary information;

Avoid interfering in any way with human rights defenders unless there is a legal justification;

Include and put into practice the protection of human rights defenders' actions in their internal labor regulations and conduct training on the protection;

Deliver a written response to the complaint regarding the impingement of human rights defenders to the complainant and Human Rights Defenders Committee;

The police shall stop any assault directed toward human rights defenders. Should protect their request, or they shall also protect human rights defenders under the Law on Witness and Victim Protection based on the risk assessment conclusion referred to in Article 11.8 of the Law on Legal Status of the Human Rights Defenders;

All necessary measures should be taken promptly in the scope of the organization's functions stipulated by law if the rights of human rights defenders are violated.

If you perceive your human rights defender’s rights have been violated, you may lodge your complaint to the Commission’s webpage, hotline 7000-0222, or in person.