(2022.08.12-ны өдрийн орчуулга)               Unofficial translation

LAW OF MONGOLIA

April 02, 2021                              Ulaanbaatar city

ON LEGAL STATUS OF HUMAN RIGHTS DEFENDERS

CHAPTER ONE

General provisions

Article 1. Purpose of the law

The purpose of this Law is to regulate the relations the legal status of human rights defenders, encourage, respect, protect, provide conditions for their activities and cooperate, as well as to regulate relations related to the structure, organization, and activities of the Human Rights Defenders Committee

Article 2. Legislation on the Legal Status of Human rights defenders

1. The Legislation on the Legal Status of human rights defenders shall be based on the Constitution of Mongolia, the Law on the National Human Rights Commission of Mongolia, this law and other legislative acts issued in accordance with these laws.

2. If an international treaty to which Mongolia is a party stipulates otherwise than this law, then the provisions of the international treaty shall prevail.

Article 3. Scope of the law

3.1. The legal status of human rights defenders who have conducted or are conducting human rights protection activities in the territory of Mongolia shall be regulated by this law.

3.2. The civil legal status of Mongolia, that has conducted human rights protection activities in the territory of foreign countries, shall be regulated in accordance with international agreements of Mongolia.

Article 4. Definitions of Legal Terms

4.1. The following terms used in this Law shall have meanings as follows:

4.1.1. "human rights defender" means a person who, alone or in association of others, is conducting or participates in human rights protection activities;

4.1.2 "human rights protection activities" means the protection of human rights in any form by encouraging human rights and freedom, expressing own opinion against act and non-act of human rights violation in non-violent and peaceful manner, and respecting generally accepted norms and principles of international law;

4.1.3 "protection the rights of human rights defenders" refers to obligations of the state organization directed at prevention of human rights and freedom from violation in advance, intervention, restoration of violated rights and compensation for incurred damage by government, person, legal entity, and any entity united under particular interests;

4.1.4 "respect of the rights of human rights defenders" refers to obligation of the state organization and legal entity not to stop or intervene with legal actions of human rights defenders, or to not illegally encroach on their rights and freedoms;

4.1.5 "violation of rights of human rights defenders" refers to acts or non-acts of insulting and slandering in any form, spreading false information, discriminating, calling for non-support of their activities, coercing, using force, threatening to use force, stalking and harming their lives, health or property of human rights defenders, their family members, guardians, cohabitants, relatives, and legal representative;

4.1.6 "Risk assessment" refers to conclusion defining the level of danger and risk faced by human rights defenders and their family members, guardians, co-habitants and legal representatives.

Article 5. Basic principles of human rights defender's activities

5.1. The human rights defender shall adhere to the following principles in his activities:

5.1.1. To uphold the Constitution and other laws of Mongolia;

5.1.2. To value fairness and humanity;

5.1.3. To be free from corruption and conflicts of interest;

5.1.4. Not to discriminate;

5.1.5. Respect honor, reputation, rights and legitimate interests of others.

CHAPTER TWO

Human rights defenders right, financing and prohibitions

Article 6. Human rights defenders' rights

6.1 The human rights defender has the following powers:

6.1.1. To carry out activities of promotion and protection on human rights and freedom guaranteed by the Constitution of Mongolia, laws, and international treaties and participate in such activities voluntarily;

6.1.2. To influence the development, discussion, public awareness and recognition of new understandings and principles of human rights;

6.1.3. To form associations, non-governmental organizations, alliances, associations, groups, and associations, and to participate in their activities for the purpose of protecting and promoting human rights and freedom;

6.1.4. To communicate and cooperate with national and foreign national, regional and international organizations engaged in human rights protection activities;

6.1.5. To search, obtain, publish, store, and share with others information other than those classified as confidential according to the law from government organizations and legal entities in order to protect human rights and freedom;

6.1.6. To keep the source of information acquired during the protection of human rights and freedom until the violation of rights of the given person is removed and the rights are fully restored;

6.1.7. To draw public attention to draft laws in order to comply with the principles of human rights, to develop and discuss specific proposals, to submit them to legislators, to analyze the implementation of laws and policy documents, and to develop necessary recommendations;

6.1.8. To make suggestions, requests, complaints, draw attention to violations of human rights and illegal actions, and inform others about it in connection with the fulfillment of their duties to respect, provide and protect human rights and freedom of government organizations and officials;

6.1.9. To represent the given person with the written consent of the person in order to promote and protect the rights and freedom of the person;

6.1.10. To file a complaint to the international human rights organization in accordance with the procedures specified in the relevant international agreement regarding actions that have violated the rights and freedom of own and others by government organization, official, or legal entity;

6.1.11. To participate as an observer in court and public hearings, to express a position on whether government organizations and officials are complying with laws and international agreements of Mongolia unless otherwise provided by law,;

6.1.12. To be protected against attacks, have his/her violated rights restored, get compensated and receive reimbursement material and non-material damages in accordance with the law during the activities carried out as a human rights defender.

Article 7. Financial transparency of human rights activities.

7.1. Any financial resources and sources related to the activities of the human rights defender shall be transparent and open, and the financial resources shall consist of the following sources:

7.1.1. Donations and assistance given by people and legal entities, unless otherwise specified by law;

7.1.2 Monetary and other forms of financial support provided by the government in accordance with the law;

7.1.3. Other sources not prohibited by law.

7.2. The following resources and sources are prohibited for the financing of human rights defender activities:

7.2.1. to receive funds from organizations and individuals that engage in or finance terrorist and extremist activities, money laundering, undermining national unity, special services of foreign countries, their cover organizations, or individuals whose contributors are unknown;

7.2.2.  to seek, receive and dispose of financial resources and sources in ways other than those permitted by law.

Article 8. Prohibition of human right defenders

8.1. Human rights defenders are prohibited from the following acts and non-acts:

8.1.1. To conduct and appeal to conduct activities in a non-peaceful way by using violent means;

8.1.2. To use the activities of the human rights defender for personal benefit;

8.1.3. Defaming human rights and freedom, others' dignity, reputation, and business reputation.

CHAPTER THREE

Common Duties of State Organization, Officials and Legal Trustees

Article 9. Common obligations

9.1. State organizations, officials, and legal entities shall assume the following general duties in the activities of human rights defenders:

9.1.1. To recognize and not violate the rights of human rights defenders;

9.1.2. To treat their activities with respect;

9.1.3. To create opportunities for non-violent and peaceful activities;

9.1.4. To provide with necessary information;

9.1.5. Not to attack human rights defenders in any way without grounds stipulated by law;

9.1.6. To include and implement regulations for the protection of activities of human rights defenders in organizational internal regulations, and organize respective training;

9.1.7. To submit information about attack on the human rights defender and the response to the complaint in writing to the complainants and the Human Rights Defender Committee.

9.2. The police organization shall intervene an attack on human rights defender and place him/her in custody according to procedures stipulated in the Law on the Protection of Witnesses and Victims upon on his/her consent or based on the conclusion of the risk assessment specified in Article 11.8 of this Law.

9.3. In case of violation of rights of the human rights defender, the necessary measures will be taken and implemented promptly within the scope of the legal duties.

CHAPTER FOUR

Human Rights Protection System

Article 10. Human Rights Defenders Committee

10.1 Next to National Human Rights Commission (referred to as "Commission"), a part-time Committee of Human Rights Defenders (referred to as "Committee") with the function of making an option on whether the rights of human rights defenders have been violated will work.

10.2 The member in charge of Human Rights Defenders of the Commission shall be the head of the Committee and shall ensure the activities of the Committee with integrated management and organization.

10.3 The committee will conduct its activities independently and will perform the following functions:

10.3.1 To receive complaints and information about violations of human rights defenders

10.3.2 To collect evidence, facts and information about complaints

10.3.3 To determine the need to protect human rights defenders and perform a risk assessment as specified in Article 11.8 of this law

10.3.4 To submit the conclusions based on the risk assessment to the Commission

10.3.5 to conduct monitoring and research on the implementation of this law and the situation of human rights defenders, and include it in the annual report on the state of human rights and freedom in Mongolia

10.3.6 To create a database of complains.

10.4. In addition to the chairman specified in clause 10.2 of this law, the committee will have six members, and the two candidates specified in clause 11.4 of this law will be nominated directly, whilst the other four members will be nominated by representatives of non-profit legal entities, selected through open hearings, and approved by the Commission.

10.5. When appointing the members of the committee, ensure gender balance and diverse representation of human rights defenders active at the national level.

10.6. Committee members shall treat their position with respect while exercising their rights and freedom to freely express their opinions, speak, publish, and be religious or irreligious.

10.7. Committee member shall be suspended from political party membership.

10.8. The running costs of the Committee's activities shall be included in the Commission's budget, and the Commission shall approve the procedure for awarding bonuses to the members of the Committee.

10.9. The Commission shall approve the working procedure of the Committee.

Article 11. Selection of committee members

11.1. A representative of a non-profit legal entity shall nominate a person who meets the following requirements as a member of the Committee:

11.1.1. having at least seven years of national or international experience in the field of human rights protection;

11.1.2. having knowledge and experience of the international human rights protection system and legal norms;

11.1.3. has not held a leadership position of a political party in the last five years.

11.2. Committee members are selected from representatives of non-profit legal entities in the following stages:

11.2.1. The Commission is to establish a five-member working group consisting of representatives of the central state administrative organization in charge of legal affairs, the Commission, the Civil Service Council, the National Gender Committee, and the Civil Society Council under the Commission, and organize the selection of the Committee members;

11.2.2. The working group is to publicize the announcement about selection of candidates for committee members in the media within period of 30 days;

11.2.3. The working group is to shall upload the information except for the personal secrets of the candidates registered for the selection on the website of the Commission within three working days after the end of period specified in Article 11.2.2 of this law;

11.2.4. The working group is to receive questions and suggestions for the candidate from interested entity within 14 days after the uploading of information specified in Article 11.2.3 of this law;

11.2.5. The working group is to organize an open hearing about the candidate who has met the requirements specified in Article 11.1 of this law;

11.2.6. Within five working days after the working group holds an open hearing, a secret ballot shall be held and the candidate with the highest score shall be elected as a member of the Committee based on the number of vacant positions.

11.3. The Commission shall approve the procedure for selection of committee members.

11.4. The Mongolian Lawyers' Association and the Mongolian Bar Association will select their candidates at their respective meetings and propose them to the Commission meeting.

11.5. The person elected in accordance with the procedure specified in Articles 11.2 and 11.4 of this law shall be approved as a member of the Committee at the Commission meeting.

11.6. Committee members are elected only once for a period of three years.

11.7. The early dismissal of a committee member under the following grounds shall be discussed and resolved at the committee meeting:

11.7.1. if member has been appointed or elected to political, administrative, or special government positions;

11.7.2. at own initiative that he/she is unable to actively participate in activities of the Committee due to his health condition or other reasonable reasons;

11.7.3. if member is definitively convicted of a criminal offence at valid decision of the court.

11.8. The Commission shall approve the risk assessment methodology and conclusion procedure specified in Section 4.1.6 of this Law.

Article 12. Unit of Human Rights Defender Committee

12.1 A full-time unit with the function of assisting the members of the Committee will operate, and the Commission will approve its structure and staff.

12.2 The employee of the committee unit shall be an employee of the state administration.

12.3 The Commission's unit shall belong to the Commission Office and shall only exercise the functions specified in Article 10.3 of this Law.

Article 13. Responsibilities for violators

13.1 If actions of an official violating this Law is not of a criminal nature, he/she shall be subject to liability specified in the Law on Civil Service.

13.2 A person or legal entity that has violated this Law shall be subject to liability specified in the Criminal Code of Mongolia or the Law on Petty Offence.

Article 14. Entry into force of the Law

14.1 This law shall be in effect from July 1, 2021.

SPEAKER OF THE STATE GREAT KHURAL                 ZANDANSHATAR.G