FORUM-ASIA Urges Mongolian Government to Register a New NGO for Victims of Unlawful Court Decisions
29 June 2007 7:04 am

FORUM-ASIA urged Mongolia's Ministry of Justice and Home Affairs to approve the application for registration of a new non-governmental organization called the Citizens' Just Court. It also called upon the Ministry to immediately release Ms. G. Baasan, founder of the said organization.
(Bangkok) The Asian Forum for Human Rights and Development (FORUM-ASIA) today urged Mongolia’s Ministry of Justice and Home Affairs to respect the freedom of association and allow the registration of a new non-governmental organisation called the “Citizens’ Just Court”, which aims to promote and protect the rights of victims of unlawful court decisions in Mongolia.

The Citizens’ Just Court was organised by Ms. G. Baasan, a Mongolian human rights defender, who said that the Ministry of Justice and Home Affairs denied the application because the name of the new organisation contains the term “court”, a term that may only be used by a state institution. There is a general feeling that this reason given by the Ministry of Justice and Home Affairs is a cover for the fact that certain elements within the government may not support having the new organisation registered. Ms. G. Baasan is believed to have already collected information on the corrupt practices within the judiciary of Mongolia and would be working towards making the information public. These recent developments come amidst a fall in confidence among the public over the capacity of Mongolian courts to render just and equitable decisions.

On 8 June 2007, G. Baasan led a demonstration to protest the denial of the application for registration in front of the building of the Ministry of Justice and Home Affairs. Allegedly, state security forces tried to force back the protesters when they attempted to enter the building and a scuffle ensued. G. Baasan was charged for damage caused to the door of the building and on 23 June 2007, the Chingeltei District Court rendered a decision ordering her detention for 20 days.

In a letter to Mongolia’s Minister of Justice and Home Affairs , FORUM-ASIA urged the Ministry to drop its charges against G. Baasan and immediately release her. Furthermore, it urged the Ministry to respect the freedom of association by allowing the Citizens’ Just Court to be a duly-registered non-governmental organisation under Mongolian law. The denial of the application is contrary to Article 22 of the International Covenant on Civil and Political Rights (ICCPR). It also contravenes the principle embodied in the UN Declaration on Human Rights Defenders that everyone has the right to form, join, and participate in non-governmental organisations, associations, or groups for the purpose of promoting and protecting human rights and fundamental freedoms.

Anselmo Lee, Executive Director of FORUM-ASIA stated, “The procedural formalities for the registration of organisations should not be too burdensome as to amount to a substantive restriction on the right to freedom of association. Restrictions on the right to freedom of association must be clear, precise, and unambiguous and more importantly, should be prescribed by law. These restrictions should never be used to perpetrate repressive practices of the government.”

In solidarity,

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Anselmo Lee
Executive Director

For further information, please contact Emerlynne Gil, Program Officer of the Human Rights Defenders Programme (email: [email protected], tel. no. +66 (0)2 391 8801 ext. 605).

Background:

In May this year, Ms. G. Baasan and Mr. Kh. Bat-Yalalt, the head of the new non-governmental organisation, submitted an application for the Citizens’ Just Court with the Ministry of Justice and Home Affairs in Ulaanbaatar. According to Ms. G. Baasan, the Ministry denied the application because the word “court” can only be used as a name for a state institution, not a non-governmental organisation.

On 8 June 2007, Ms. G. Baasan and Mr. Kh. Bat-Yalalt organised a demonstration in front of the building of the Ministry of Justice and Home Affairs in Ulaanbaatar to protest the denial of the application. When the demonstrators reached the building of the Ministry, they were forced back by state security officers and a scuffle ensued. Nobody was injured, but reports suggest that a door of the Ministry’s building was damaged, for which Ms. G. Baasan was charged. On 23 June 2007, the Chingeltei District Court rendered a decision detaining Ms. G. Baasan for 20 days.

Freedom of association is the right of persons to join together in groups with the purpose of pursuing common goals, objectives, and interests. Article 22 of the International Covenant on Civil and Political Rights (ICCPR) provides for this right and the grounds on which it may be restricted. Under Article 22 of the ICCPR, restrictions on freedom of association are permissible only on certain specified grounds and these grounds should not be interpreted loosely. For instance, the freedom of association may be restricted in the interests of national security or public safety. The terms “national security” and “public safety” refer particularly to those situations involving an immediate and violent threat to the nation or its territorial integrity or political independence. The right to freedom of association may also be restricted in the interest of public order, but “public order” should be understood as the system of rules that ensures the peaceful functioning of society. Moreover, Article 22 of the ICCPR also provides that the restrictions to freedom of association must also be “prescribed by law”.

Mongolia’s law on non-governmental organisations does not prohibit the use of terms commonly associated with state institutions as names for non-governmental organisations. The only restriction under Mongolian law is that no two separate and distinct organisations can be registered under the same name. By saying that the Citizens’ Just Court cannot be registered for this purpose, the Ministry of Justice and Home Affairs of Mongolia is not actually referring to a valid law restricting the right to freedom of association. Hence, its denial of registration to the Citizens’ Just Court is contrary to the principles laid out under Article 22 of the ICCPR. Any organisation whose primary aim is to advocate for the rights of victims of unlawful court decisions can hardly be said to be a threat to national security, public safety, and public order.

The right to freedom of association is also reiterated in the UN Declaration on Human Rights Defenders wherein it states that everyone has the right to form, join, and participate in non-governmental organisations, associations, or groups for the purpose of promoting and protecting human rights and fundamental freedoms.