Southern Mongolian Human Rights Information Center

Her Excellency Ms. Margaret Satterthwaite

United Nations Special Rapporteur on the Independence of Judges and Lawyers

OHCHR-UNOG, 8-14 Avenue de la Paix,

1211 Geneve 10, Switzerland

Fax: +41 22 917 9006

Email: hrc-sr-independencejl@un.org

The 20^th of May, 2024

Your Excellency Ms. Margaret Satterthwaite,

We write to you once again, following up on our previous correspondence from last autumn. We trust this letter finds you well. We extend our heartfelt gratitude to you for your impactful visit to Mongolia last autumn, followed by your insightful report. Your efforts have undoubtedly shed light on the critical need to fortify judicial independence and uphold human rights within the country.

As a coalition of organisations, comprising individuals of Mongolian heritage residing abroad and advocating for the rights of our respective Mongolian heritage communities, we are deeply troubled by the worsening state of democracy, civil rights, and judicial independence in Mongolia. Our collective concern extends to the enduring adverse impact on individuals of Mongolian heritage residing outside Mongolia, particularly those under the jurisdictions of authoritarian regimes such as China, Russia, and others. It is therefore imperative that we address these pressing issues to safeguard the rights and well-being of our communities. Currently subjected to colonisation and authoritarian rule, our communities face further adversity due to Mongolia's deteriorating democracy and the encroaching influence of authoritarianism from its immediate neighbours.

Recent developments indicate grave interference in electoral processes by the Mongolian People's Party (MPP), led by Prime Minister Oyun-Erdene Luvsannamsrai, in anticipation of the upcoming parliamentary elections. The actions of the MPP appear aimed at solidifying their victory and severely kerbing dissent. Political interference in the judiciary, reminiscent of old Communist tactics, is intensifying. This interference has led to a crackdown on journalists and citizens under the guise of national security, utilising restrictive tort laws excessively and abusively. Of particular concern is the ease with which individuals, including journalists, can be charged with crimes such as defamation against the Prime Minister, the President, and infringement of others' rights, in effect stifling dissent and criticism. Prime Minister Oyun-Erdene Luvsannamsrai has gained notoriety for exploiting these laws to suppress dissenting voices. The erosion of democratic values and principles is evident, with the use of tort laws to silence dissent posing a grave threat to freedom of expression and the rule of law in Mongolia.

We urge the international community, including your esteemed office, to intensify efforts to closely monitor the situation in Mongolia and to take decisive action to address our concerns. Specifically, we call for condemnation of political interference in the judiciary, advocacy for the protection of journalists and freedom of the press, support for initiatives promoting transparency and accountability, and consideration of targeted sanctions against individuals responsible for human rights abuses. Finally, we call upon the international community to bring pressure on the Mongolian government to uphold the rule of law abiding by international conventions of freedom and justice.

Furthermore, we draw your attention once again to the case of Mr. Munkhbayar Chuluundorj, whose unjust imprisonment symbolises the broader challenges facing Mongolia's judiciary system as well as the transnational repression exerted by the government of the neighbouring People’s Republic of China (PRC). Mr. Chuluundorj's journalism, which includes critiques of the Chinese government’s treatment of Mongols in China and the Mongol-Sino relationship, has long irritated the Communist authorities in Peking. The timing of his arrest, closely following the Prime Minister's return from Peking, begs the question of whether it was truly coincidental. An especially alarming recent development in this case is the suspension of legal licenses of two of Mr. Chuluundorj’s attorneys without due process, terminating their ability to earn a living in their profession. Additionally, it is worth noting that aside from the potential persecution of Mr. Chuluundorj at China’s behest, the Prime Minister harbours personal animosity towards Chuluundorj due to his outspoken criticism of the Prime Minister's politics and conduct, as well as calls for his resignation. We implore you to prioritise this case and utilise your platform to advocate for Mr. Chuluundorj’s release and the restoration of justice.

Thank you for your attention to these urgent matters. We trust in your dedication to upholding the principles of democracy, freedom, and justice, and eagerly anticipate your continued efforts to support the democratic aspirations of the Mongolian people.

Sincerely,

Altan Seseg - Buryat Folk Dance Ensemble, USA

Buryaad Mongol United Association Inc., USA

Committee of Buryat Independence, USA

Congress of the Buryat People, USA

Hazara Organization for Peace and Equality (HOPE), USA

Inner Mongolia People's Party's, Japan

InterMongol Network, USA

Kalmyk Mongolian Buddhist Center, USA

Mongol Heritage Foundation, USA

Oirat-Kalmyk People's Congress, USA

Southern Mongolian Human Rights Information Center, USA

Tusgaar Buryad Mongolia, USA

World Mongol Federation - Europe, Sweden

World Mongol Federation - Japan, Japan

World Mongol Federation - USA, United States

Zerd - Mongol Folk Music Group, USA

An Open Letter to the International Community Concerning the Deterioration of Democracy in Mongolia

The 20^th of May, 2024

[Click here for PDF version]

We are a collective of individuals residing abroad, advocating for our respective communities of Mongolian heritage who live outside the current borders of the country of Mongolia yet still on their ancestral Mongolian homeland. We are writing to you with grave concerns about the deteriorating state of democracy and civil rights in the independent country of Mongolia over the recent decade or so, most particularly during the past eight years under the leadership of the Mongolian People's Party (MPP), formerly the Communists. Of utmost concern are the outcomes of the last two election cycles in Mongolia, marked by pervasive patrimonialism, corruption, and manipulation orchestrated by the MPP.

This issue deeply concerns us because, as members of the Mongolian diaspora, we are intimately familiar with the stark contrast between the democratic values cherished in Mongolia and the harsh realities faced by our brethren living under Chinese and Russian rules.

The democratic system, freedom of expression and assembly, and the free elections enjoyed by our brothers and sisters in Mongolia has been a source of great joy, pride, comfort as well as hope for our people. Especially for those whose homelands are unjustly deprived under oppressive regimes. Therefore, we deeply understand that principles of democracy, freedom of expression, and the rule of law are not only fundamental to the well-being and prosperity of societies but are also deeply intertwined with the preservation of national sovereignty and ethnic and cultural identity.

Mongolia, sandwiched between two totalitarian states with historical ambitions over its territory, stands as a beacon of hope and resilience in a region fraught with geopolitical tensions. The erosion of democracy in Mongolia not only undermines the rights and liberties of its citizens but also poses a grave threat to the sovereignty and independence of the state. As members of the Mongolian diaspora, representing diverse ethnic backgrounds and geographic regions, we view the preservation of Mongolian democracy not merely as a political aspiration but as a matter of existential importance.

We urge the international community, legislative and executive authorities in the leading democracies of the world to closely monitor the situation in Mongolia and to use their influence and leverage to address these pressing concerns. Specifically, we call upon your government or organisation to:

1. Condemn the erosion of democracy and civil rights in Mongolia under the leadership of the MPP and Prime Minister Oyun-Erdene Luvsannamsrai.

2. Advocate for the protection of fundamental freedoms, including freedom of expression, assembly, and the press, in Mongolia.

3. Pressure the Mongolian government to respect the rule of law and uphold the principles of democracy and human rights.

4. Support efforts to promote transparency, accountability, and good governance in Mongolia.

5. Consider imposing targeted sanctions or other diplomatic measures against individuals responsible for human rights abuses and anti-democratic actions in Mongolia.

Furthermore, we implore democratic societies to exert pressure on the current Mongolian authorities, urging them to facilitate fair and equitable opportunities for all political parties, safeguard individual political rights, and rectify the grievously mismanaged electoral processes in Mongolia. The current ruling party and its government must cease their ruthless, calculated, and systematic efforts to undermine a united and effective opposition, stifle dissenting voices within the public sphere, erode the basic legal and constitutional rights of its citizens, and perpetuate the unchecked expansion and empowerment of the state bureaucracy with its predatory inclinations. We urge you to call upon the government of Mongolia to allow independent monitoring and reporting of national elections to ensure a fair, free and robust electoral process.

The international community, together with the community of democracies and the people of Mongolia, must steadfastly oppose any attempts, whether internal or external, to undermine their freedoms and democratic aspirations. It is imperative to stand in solidarity with democratic groups in Mongolia, preserving it as a beacon of democracy amidst an otherwise turbulent geopolitical landscape.

Thank you for your attention to this urgent matter. We trust that you will take the necessary actions to address the deteriorating situation in Mongolia and to support the aspirations of the Mongolian people for democracy, freedom, and justice.