During its plenary session on March 17, Parliament accepted the presidential veto on the Law on Protection of Human Rights on Social Media and four accompanying laws, namely amended Law on Communications, Law on Cyber Security, Law on Protecting Personal Information and Law on Taxation.
On January 20, Parliament approved the law and President U.Khurelsukh issued the veto on January 27, considering that the law violates some articles of the Constitution of Mongolia as it did not ensure public participation and reflect suggestions of citizens or entities whose legal interests are affected by the law.
Some parliamentarians expressed their position that the president’s veto should be accepted as Mongolia is a democratic country that respects and protects human rights and freedom.
During the session, Head of the Office of the President Ya.Sodbaatar highlighted that there is a need for legal regulation for social media in Mongolia, and that what law and how to regulate it is a matter of Parliament’s mandate.
“The number of crimes committed on social media is increasing year by year, and fraud accounts for 51.1 percent of all crimes. In addition, the president mentioned the need to introduce good international standards, listen to the opinions of academics and parties whose interests are affected, and discuss them from many angles,” he said.
Chairman of the Standing Committee on Security and Foreign Policy B.Enkh-Amgalan said, “The president mentioned in his veto that it is necessary to understand the need, requirements and importance of this law and pass it without delay. Therefore, we agree with what the head of the Office of the President said that the government should re-draft and submit it to Parliament.”
Member of Parliament Sh.Adishaa commented that it is necessary to study the problems of human rights violations and international best practices to re-discuss the law and approve it immediately.
Speaker of Parliament G.Zandanshatar remarked, “There is no need to hold a public hearing on a bill submitted for consideration under the urgent procedure in accordance with Articles 3.4.1 and 3.4.3 of the Law on Legislation and the Law on National Security. If it is submitted for consideration in an urgent manner, Parliament is obliged to discuss it regardless of order. Even though there will be an urgent problem in the country, we have to change the provisions of this law. In the future, when initiating and developing draft laws, conducting public discussions, and submitting legal opinions, it is advisable to strictly follow the Law on Legislation. In the future, we will demand the government, the president and members of Parliament to meet the requirements of the Law on Legislation when submitting draft laws and resolutions in an urgent manner.”
He added, “Children’s rights are widely violated on social media. The United Nations Commission on Human Rights reminds and advises member states that the misuse of social media leads to inequality, discrimination and human rights violations. For this reason, within the framework of the international human rights treaties and conventions to which Mongolia is a party, any kind of inappropriate, insulting, discriminatory, negative impact on human physical, mental and moral development and maturity on social media shall be prohibited. It is the responsibility of the state to limit the content that promotes violence and obscenity, to protect young people from the use of narcotic drugs and psychoactive substances, and to prevent potential risks such as e-fraud on social media. Therefore, the international community believes that it is necessary for the government to fulfill its obligations and create a legal framework for the protection of human rights and freedoms in the online environment.”
On the same day, Parliament also reviewed the bill on ratification of the Protocol relating to an amendment to article 50 (a) of the Convention on International Civil Aviation submitted by the government on January 10.
Minister of Roads and Transport Development S.Byambatsogt informed, “Mongolia joined the Convention on International Civil Aviation in 1989 and became the 162nd member of the International Civil Aviation Organization. We are expanding its navigation activities by fulfilling its member obligations, implementing the policies and standard recommendations of this organization, joining agreements and conventions, and participating in safety audits. Moreover, at the 39th triennial session of the International Civil Aviation Organization Assembly in 2016, the Protocol of Amendment to Article 50 (a) was approved, increasing the number of member countries from 36 to 40. Council member states are elected by the Assembly every three years in three groups. The protocol will enter into force when a total of 128 member states join, and currently 80 countries have joined and ratified it. Seven countries from the Asia-Pacific region, which includes Mongolia, namely Australia, China, Japan, India, Singapore, Malaysia and South Korea, were elected as members of the council in 2022. By ratifying this protocol, Mongolia will contribute to the international initiative to increase the number of members of the council, and in the future, it will support participation in the policy-making and decision-making levels of the International Civil Aviation Organization and be elected as a member of the council.”
