Mongolia: Press freedom at risk with arrest and prosecution of journalists while protesters detained

Civic space in Mongolia is rated as ‘narrowed’ by the CIVICUS Monitor. Ongoing concerns raised by civil society include reports of harassment, intimidation and reprisals against human rights defenders, especially those working to defend economic, social and cultural rights. Further, provisions of the Criminal Code related to ‘cooperation with foreign intelligence agencies’ and ‘sabotage’ have been used to prosecute human rights defenders for legitimate activities. There are also concerns about press freedom and the criminalisation of journalists.

A report by Amnesty International in May 2024 highlighted concerns about convictions of anti-war protesters and the denial of a LGBTI march in 2023.

On 29th June 2024, Mongolian Prime Minister Luvsannamsrain Oyun-Erdene from the ruling Mongolian People's Party (MPP) - that came to power in 2020 - declared victory in the parliamentary elections. The MPP secured 70 of 126 seats in parliament.

A joint observation mission from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the European Parliament (EP) found that while the election was free, the lack of a level playing field and a series of pay rises and social benefit increases in the run-up to the elections gave an unjust advantage to the ruling party. At the same time, a law requiring candidates to align their election programmes with specific government policies limited freedom of expression and opinion.

In recent months, a journalist was arrested and charged for exposing state corruption while another is facing multiple trumped-up charges for her reporting. Mongolia’s press freedom rankings have dropped while activists were detained for a protest against the visit of the Belarusian president. A group raised concern around the detention of activist Munkhbayar Chuluundorj.

Expression

Editor arrested and charged for exposing state corruption

The editor-in-chief of a Mongolian online media outlet was arrested in May 2024 and is being prosecuted for investigating suspected misuse of public funds by the deputy prime minister.

According to Reporters Without Borders (RSF), the editor-in-chief of the Mongolian news website Tac.mn, Bayarmaa Ayurzana (pictured above), was arrested on 5th May 2024 and detained for 48 hours, to be later charged with “threatening to disseminate information that might cause serious damage” to Mongolia’s deputy prime minister Amarsaikhan Sainbuyan. The journalist faces up to eight years in prison under article 17.6.1 of the Criminal Code; her trial date is yet to be announced.

Between March 2021 and August 2022, Bayarmaa published a series of investigative articles shedding light on suspected embezzlement by the deputy prime minister, who ran in the recent elections. The journalist notably disclosed how the official allegedly diverted public funds aimed at modernising the capital city Ulaanbaatar's transportation infrastructure and used his influence to stall the execution of a court decision obligating him to pay USD 4.7 million in overdue penalties for the purchase of mines from an American citizen.

Her reports also revealed instances of undue influence by the deputy prime minister to evade legal consequences, including obstructing a court decision.

According to Women Press Freedom, ten days before her arrest, her investigative partner, lawyer G. Batbayar, was found dead from an apparent gunshot wound inside his vehicle. Batbayar had spent eight years battling illegal activities by mining companies allegedly connected to the deputy prime minister’s circle.

The police searched Bayarmaa’s home in January 2024, confiscating her phones, laptop as well as a notebook containing a flash drive, which has not yet been returned to the journalist.

Cédric Alviani, RSF Asia-Pacific Bureau Director, said: “Bayarmaa Ayurzana only served the public interest by revealing suspected abuses of power at the highest level of the state administration, and should never have been arrested, let alone charged with a criminal offence bearing an eight-year prison term.”

Women Press Freedom said it was “alarmed at the escalating hostile environment for press in Mongolia, where journalists are increasingly thrown into jail for their work. We demand an immediate end to the targeting of Bayarmaa Ayurzana, who is blatantly being hit with baseless charges for exposing state corruption.”

Journalist facing judicial harassment for her reporting

On 12th June 2024 it was reported that the trial of journalist Naran Unurtsetseg had begun after almost 200 days under house arrest and being banned from working. Unurtsetseg became one of Mongolia's most well-known journalists by exposing sexual abuse in a Buddhist boarding school, violence in the military, and by taking on some of the country's most powerful people.

As previously documented, she was arrested on 4th December 2023. A few weeks earlier, on 13th October 2023, the General Judiciary Council, whose role is to maintain the independence of the Mongolian judiciary, had requested the opening of an investigation against Unurtsetseg after she posted comments on social media criticising the activities of the courts and a prosecutor around the inhumanity of a prolonged court hearing involving an elderly individual in Mongolia.

Unurtsetseg was reportedly slapped with a total of nine charges from three different agencies. They included spreading false information and defamation by the judiciary, tax evasion by the country's revenue collector and, most seriously, obtaining state secrets by the intelligence agency. An additional charge of aiding foreign powers was eventually dismissed for lack of evidence.

Press freedom rankings drop

Mongolia’s press freedom ranking dropped 21 places to 109 out of 180 countries in the Reporters Without Borders (RSF) index, down from 88 in 2023.

RSF said that while Mongolia broadly respects the principles of freedom and pluralism of the media, it still lacks basic legal protection for the confidentiality of sources, and flawed defamation laws facilitate arbitrary lawsuits against journalists, inciting self-censorship.

It added that more than half of all defamation cases in Mongolia are brought against journalists and media outlets. Harsh financial penalties force them to censor themselves and curtail the development of independent and investigative media. Many cases of journalists accused of spreading false information are based on complaints by senior politicians, parliamentarians, civil servants or government agencies.

RSF also said that many Mongolian journalists face threats, pressure or insults related to their work, and several cases of harassment and violence have been reported.

Peaceful Assembly

Activists detained for protest against visit of Belarusian President

In June 2024, activists protesting the visit of Belarusian President Alexander Lukashenko to Mongolia were detained by the police. Lukashenko is a longstanding ally of Russian leader Vladimir Putin and has supported his brutal invasion of Ukraine.

According to reports, activists from the #NoWar movement held a protest with a Ukrainian flag and posters in the central square in Ulaanbaatar, when police detained them and confiscated these items. They were detained for 2.5 hours before being released.

Anti-war activists in Mongolia have been criminalised for their activism in recent years. In November 2022, five activists were sentenced to 12 months’ confinement to their districts of residence for resisting a law enforcement officer during a peaceful demonstration in October 2021.

Association

Group raises concern around detention of activist Munkhbayar Chuluundorj

In May 2024, a collective of individuals of Mongolian heritage who live outside the country, wrote to the UN Special Rapporteur on the Independence of Judges and Lawyers to raise grave concerns about the deteriorating state of democracy and civil rights in the country of Mongolia, most particularly during the past eight years under the leadership of the Mongolian People's Party (MPP).

The groups drew attention to the case of Munkhbayar Chuluundorj. They said that his “unjust imprisonment symbolises the broader challenges facing Mongolia's judiciary system as well as the transnational repression exerted by the government of China.”

As previously documented, the prominent activist was arrested in Mongolia in February 2022, part of what campaigners have said is a wider effort to "clean up" Beijing's critics in the country. He is serving a 10-year prison sentence on politically motivated charges related to his public criticism of the Mongolian government’s close ties with China. A founding member of the World Mongols Poetry Association, Munkhbayar Chuluundorj is a well-known blogger, poet and human rights activist known for defending the linguistic, cultural and historical identities of ethnic Mongolians in China’s Inner Mongolia.