1. Overview of the human rights and democracy situation: Mongolia is committed to democracy, human rights and the rule of law, being able to look back at three decades of progress in those areas. Mongolia has also demonstrated its commitment to cooperation with international partners in these fields. Implementation of the relevant laws has however encountered challenges. During the reporting period, the reform of the judiciary has remained an important priority, with institutional capacities remaining low but continued positive normative and organisational developments. The public protests of December 2022 have shown the immense public interest in good governance and in fighting widespread corruption. Relevant amendments to the Criminal Code have been adopted, though the anti-corruption laws remain only partially implemented and investigations are perceived by public opinion as politically motivated.

The controversial proposals for new NGO laws were presented in the Parliament's agenda in January 2022, but were withdrawn for further deliberation following concerns expressed by civil society. In 2022, the Commissioner in charge of the National Preventive Measure against Torture within the National Human Rights Commission of Mongolia (NHRCM) was appointed. Mongolian authorities also strive to counter gender-based violence and gender inequality, which remain to be tackled. A new law on labour and sexual harassment entered into force on 1 January 2022. The new Labour Law regulates non-discrimination and introduces a clause on no harassment and violence in the workplace. However, concerns remain related to the lack of data on sexual harassment and on the low number of investigation and prosecutions in this area. Mongolia dropped by around 20 positions in the World Press Freedom index in 2022 (from 68 in 2021 to 90 in 2022 out of 180 States).

2. EU action - key focus areas: As regards protecting and empowering individuals, a major focus of activities in 2022 has been on gender equality and women's rights (including the fight against domestic violence and sexual harassment), the rights of the child, non-discrimination and rule of law. Action took various forms (project work, participation in conferences, social media activities).

During the reporting period, the EU's Budget Support Programme (Main objectives: 1. Promoting Employment; 2. Improving Transparency in Public Finance) provided a platform for supporting the creation of effective, accountable and inclusive institutions. In addition, technical assistance was provided aiming at aligning Mongolian domestic legislation with international labour standards.

In line with the objective of promoting a global system for human rights and democracy, the EU implemented a joint initiative with the United Nations Development Programme (UNDP) on business and human rights in 2022. The EU also supported several projects in favour of civil society (empowerment of young people, strengthening women's participation in community-level decision-making and in economic activities).

3. EU bilateral political engagement: Human rights related topics were officially discussed by the EU and Mongolia in the Human Rights Dialogue that took place on 16 June 2022 in Ulaanbaatar. There was a particular focus on the complete abolition of the death penalty (removed from the Criminal Code, but still mentioned in the Constitution) and on child labour (need to prohibit the use of child jockeys in local horse races). The Human Rights Dialogue was followed by the fourth Meeting of the EU – Mongolia Joint Committee on 17 June 2022. Human rights issues were also discussed (from a GSP+ perspective) during the Trade Subcommittee held on 10 March 2022 by videoconference.

4. EU financial engagement: In 2022, the EU continued implementation of its sector budget support programme to boost employment/TVET reforms and improve transparency in public finances in Mongolia. A tranche of EURO 6,5 million was disbursed in December 2022. An EU supported technical assistance project with UNDP, FAO and, ILO and UNIDO, continued its implementation with focus on transparency and oversight of the budget; employment creation in the non-mining sectors for youth and for persons with disabilities as well as compliance with international labour standards. In 2022, the EU continued to support human rights and democracy through several ongoing projects, carried out with Member States or other partners. The focus included: support to the governments commitment to ratify international human rights conventions; the fight against child labour; stakeholder consultations for possible future support to the reform of the judiciary; human rights due diligence through the business and human rect and civil society empowerment.

5. Multilateral context: In October 2022 the UN Working Group on Arbitrary Detention visited Mongolia. They issued a preliminary finding that the Mongolian justice system had progressed significantly. The Working Group however also found that arrests without a judicial warrant were still the norm rather than the exception, and individuals were routinely interrogated in police custody without the presence of a lawyer. Adequate implementation of the law could not be taken for granted and decisions need to be effectively translated into practice. Courts were short of staff with case overload. A final report on the visit will be presented to the Human Rights Council in September 2023.

The Committee on the Elimination of All forms of Discrimination against women (CEDAW) and the Committee under the International Covenant on Economic, Social and Cultural Rights (ICESCR) also issued reports and concluding observations on Mongolia in 2022. The CEDAW observed that the absence of any court cases of discrimination against women and girls tried under the Criminal Code over the past five years may indicate that the definition of discrimination is too narrow and the burden of proof too heavy. The Committee called on Mongolia to adopt comprehensive anti-discrimination legislation to prohibit all discrimination against women and girls in public and private spheres. The Committee also recommended that Mongolia adopt a comprehensive strategy to eliminate discriminatory stereotypes about women’s roles and responsibilities in the family and society. The ISECR welcomed the legislative, institutional and policy measures taken to increase protection of economic, social and cultural rights in Mongolia, such as the Law on Prevention, Combat, and Reduction of Social and Economic Impacts of COVID-19 (2020), and the National Programme on Reducing Air and Environmental Pollution (2017). In general recommendations focused on the seemingly lack of awareness of the covenant among the authorities and the public.