Mongolia must consolidate transformation toward independent justice system with Human Rights at its core

ULAANBAATAR (15 November 2023) – A UN expert today welcomed steps Mongolia has taken to improve the independence of its judiciary since its transition to democracy in 1992, in particular the strides taken to implement human rights recommendations made by international bodies.  

“Mongolia must seize the moment to complete the transformation it has begun,” said Margaret Satterthwaite, the UN Special Rapporteur on the independence of judges and lawyers at the end of her official visit to the country.

“I welcome Mongolia’s evidence-based approach to reform and call for further action to solidify an independent justice system with human rights at its core.”   

The Special Rapporteur visited courts and prosecutors’ offices in Ulaanbaatar, Selenge province, Mandal soum, and the city of Baganuur, where she met with committed professionals. She also witnessed the damaging impact of the lack of investment on the judiciary, including inadequate, inaccessible, and insecure facilities for judges, staff and court users. “Mongolian Judges are underpaid and often overworked,” the expert said. “Together with their assistants, they deserve to be recognised for their dedication in the face of these difficult conditions.”  

Satterthwaite urged Mongolia to provide robust funding to secure the future of the justice system, including by dedicating a guaranteed percentage of the national budget to the judiciary.  

Measures comparable to those taken to strengthen the judiciary should now be implemented in the prosecutorial service. “Appointments, transfers and promotions should have an objective and transparent basis,” she said. “In addition, an independent body should be established to oversee discipline and provide accountability.”  

The Special Rapporteur commended civil society for their work to assess and monitor the independence of the judiciary. She was concerned that surveys highlighted a lack of trust in the judiciary and heard that social media is being used to disparage judges, including by holders of public office. “It is imperative that the government take measures to rebuild public trust,” Satterthwaite said. “This is an opportunity for the government to better explain the important role the judiciary plays in upholding a fair system where everyone can participate equally.”  

Satterthwaite observed that the government is responsible for protecting the rights of all Mongolians and ensuring they have access to justice without discrimination. “I call on all actors to support and complement the essential work undertaken by civil society organisations to extend access to justice, including to rural herders, persons with disabilities, and the LGBTQ community.”  

The expert will present a report containing her findings and recommendations on the visit to the Human Rights Council in June 2024. 

ENDS

Ms. Margaret Satterthwaite is the Special Rapporteur on the independence of judges and lawyers. She was appointed as United Nations Special Rapporteur on the independence of judges and lawyers by the Human Rights Council in October 2022. Professor Satterthwaite is an international human rights scholar and practitioner with decades of experience in the field. She is a Professor of Clinical Law at New York University School of Law. 

The Experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.  

UN Human Rights, Country Page - Mongolia 

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Download the full statement of her preliminary observations below. 

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