To:
Subject: Open letter in English
Date: Thu, 09 May 2002 03:13:12 +0000
Dear Nora,
The open letter in English is
copied and pasted below.
Yours sincerely,
Deirdre Tynan
The UB Post
Edited Story
OPEN-letter to the State Great
Hural, the President and the Government of Mongolia, from participants on the
occasion of the First National Human Rights NGO’s Forum.
We appreciate that the
Mongolian Government has established for the first time its human rights’
state, and is processing a national human rights program of action.
We support reforms in the legal
sector through changing the main laws such as the Criminal Code, Civil Law,
Criminal and Civil procedure laws that concern human rights and other main laws
that adjust the basis of the activities of the Police, Courts and Prosecutors
in accordance with the common principles of human rights.
Mongolia adheres to human
rights international conventions and through its Constitution gives legal
guarantee to enjoy freedom, liberty and protected human rights for its
citizens.
Thus human rights are
guaranteed in laws. However, the implementation is often forgetten and that is
why human rights are being breached. Its sound is the same as lawlessness.
Today, human rights NGO’s are talking with clear examples, figures and facts
about how minimal human rights to life, personal safety and liberty, a healthy
and a safe environment are being violated and the citizen’s right take part in
the conduct of State affairs is being limited.
We, the participants of the
first Human Rights NGO’s Forum, warn the Parliament, President and Government
of Mongolia with this letter that state organizations and their officers are
being vigorously bureaucratized, influenced by corruption and bribery, misusing
their authority as well as showing a disregard for human rights. We demand that
you immediately take retributive and swift measurements against the following
issues and report to us.
Choijiljavyn
Erdene-Ochir, a citizen of Zavkhan aimag, has been inprisoned for seven years
in prisons with heaviest regimes following the decision by the Zavkhan and
Gobi-Altai aimags courts to sentence him three times over to be executed and
serve 25-years inprisonment. These courts are making the same decisions over
and over again, even the State’s Supreme Court, and State General Prosecutors
decisions are saying that there is not enough evidence to prove his guilt. The
right to life, the right to personal liberty and safety of this person is
threatened. We request that urgent measures be taken to free this person
immediately.
B.
Batsaikhan, a Altanbulag customs accountant in Selenge aimag, was beaten by his
Chairman for fulfilling requirements relating to intruders in the customs area.
He suffered serious head injuries. However, he has become a victim of a
conspiracy involving the authorities and officials from organizations including
the customs office, police, forensic hospital, and he was sacked from his post.
This shows that it has become a comon occurrence for innocent individuals to be
charged for criminal offenses if they are disliked by the authorities and
wealthy people.
7. We
demand, that within the terms of the UN General Assembly Resolution 29, adopted
in November 1985, it is required to be reflected and implemented in law, that
losses incurred by a victim, victimized by an unjust act of an authorized body,
should be resolved by the state through a national-level foundation to be
established by the State.
8. We remind
the Government that it is their democratic responsibility to engage in the
fight against every type of discrimination including age, gender, point of
view, political party membership and property. We blame the established and
wrong habit of sacking professional civil servants on the grounds of their
political point of view or party membership. And, we are demanding that court
decisions ordering the re-employment of the civil servants, sacked by the
above-mentioned causes after regular political elections, be upheld.
9. We
require that the election system be changed in the interest of the public. In
order to keep a balance of participation by civil representatives in all
election activities and election committees. Electoral district structure
should be composed of equal representation from all the political parties.
10. Because
of the hundreds of unidentified victims of the political purges, the legal term
of compensation and the political rehabilitation process should be extended for
an indefinite period.
11. We are
deeply sensitive that governmental organizations are failing to implement the
Press Freedom Law and are keeping Mongolian National Radio and Television
dependent on the government under the guise of funding from the state budget.
We demand that an assessment be made about funding from the pocket of
tax-paying citizens, that proper reforms be made to ensure it is a mass media
which freely expresses citizens’ voices, and that air time be equally divided
to ruling and opposition parties, non-governmental organizations and citizens.
12. We worry
that there are no positive steps being taken to combat the violation of women’s
rights in the family, in the workplace, and in all fields of society. However,
the UN will be highly critical of the situation of women through its
recommendations addressed to the Government. We also worry that the newly
adopted criminal law and criminal procedure laws exclude the provisions that
can be used for the protection of women’s rights in work place, home and
society. We demand the urgent adoption of special laws against domestic
violence.
13. We are
critical of the fact that children’s rights are seriously violated in the frame
of their schools, families and society. We demand that disco bars, billiards
and computer game services stop encouraging violence, and stop profiting from
the sale of alcoholic drinks and tobacco to children and by children. We demand
that an age limit be set for children served at the above-mentioned public
entertainment and gaming services, and measures be taken to close computer game
services detrimentally influencing children’s education by encouraging violence.
14. The
difference between the rich and the poor has deepened and poverty has reached
its highest level ever seen due to the prolonged transition process to a market
economy. We warn that this has become the main factor causing the deterioration
of their enjoyment of basic human rights. We consider that salaries, pensions
and subsidies are not enough to meet the basic necessities of human life, and
demand an easing of taxation pressures, soaring prices and inflation.
15. We
demand the Government pay special attention to the human rights to live in a
healthy and safe environment, which is being seriously violated because of a
loss of food safety and environmental pollution.
Participant
Non-Governmental Organizations in the first Forum on Human Rights:
Lawyers’
Center for Legal Reform Support
Human Rights
and Development Center
Amnesty
International Mongolia
Mongolian
Trade Union
Human Rights
Center
National
CEDAW Watch Network Center
Globe
International
Union of
Disabled Women
"Zul"
Association for the Citizens who lost their Children, Family Members and
Relatives in the Others’ Hands
Mongolian
Womens Association
Association
of Political Purge Victims
Liberty
Center
Women
Lawyers’ Association
Mongolian
Lawyers’ Union
Association
of Human Rights, Democracy and Justice
Women’s
Movement for Democracy
National
Anti drug Center
Center
Against Violation
Association
of Private Entrepreneurs
Center for
Education on Human Rights
Society of
Russian Citizens
Society for
Protecting Consumers’ Rights
Degjil XXI
Legal Center
for Non-Governmental Organizations
The
"New Mirror" Magazine
Women
Leaders Foundation
Lady
Entrepreneurs’ Center
Ulaanbaatar
City
3 May, 2002.