Over 130 civil society organizations have signed a joint letter to urge the authorities in Mongolia to stop reprisals against human rights defender Sukhgerel Dugersuren and to ensure that environmental defenders, and communities impacted by development projects, can freely and safely defend human rights and protect the environment without fearing reprisals.

OPEN LETTER: STOP REPRISALS AGAINST MONGOLIAN HUMAN RIGHTS DEFENDER SUKHGEREL DUGERSUREN

17 August 2022 – We, the undersigned civil society organizations, stand in solidarity with Mongolian human rights defender Sukhgerel Dugersuren and strongly condemn the criminalization and smear campaigns against her, which we identify as an attempt to prevent her from conducting her crucial work in defense of human rights and the environment.

We urge the Mongolian government to ensure Sukhgerel can safely defend human rights without fearing reprisals and that all charges against her are dismissed.

We call on all the international institutions and actors active in the country – including development banks, UN bodies and experts, EU member states and institutions, international embassies, international investors or private companies – to publicly speak out in support of Sukhgerel, use their leverage to strongly condemn reprisals, and take any action they can to ensure Sukhgerel can continue to safely carry out her work.

Who is Sukhgerel Dugersuren?

Sukhgerel Dugersuren is an internationally renowned human rights defender and the Executive Director of the Mongolian organizations Oyu Tolgoi Watch and Rivers without Boundaries Mongolia. She has a long trajectory of exposing human rights abuses and defending the rights of herder and rural communities in Mongolia. Her courageous and inspirational work is admired by scores of international and local civil society organizations, as well as UN Special Rapporteurs and experts, who have closely worked with her. 

In the past decades, Sukhgerel has supported dozens of communities negatively affected by large-scale projects, such as mines and hydropower dams. She has helped these communities in denouncing the harmful impacts of these activities and bringing their grievances to the attention of the Mongolian government, development banks, and international organizations. For example, she supported complaints to the independent accountability mechanisms of the World Bank, International Finance Corporation, European Bank for Reconstruction and Development and the Asian Development Bank.

What happened and why is she being criminalized?

According to Front Line Defenders, on 2 August 2022, Mongolia’s General Intelligence Agency informed Sukhgerel that she is under investigation for committing crimes under the Mongolian Criminal Code Article 19.4, which prohibits the “illegal cooperation with foreign intelligence agency, agent.” Although no other details around the investigations have been shared, we fear Sukhgerel might be at risk of imminent arrest and we are deeply concerned for her safety.

Sukhgerel is being subject to a clear criminalisation process, where the law is used to limit civic freedoms and punish human rights defenders. The undersigned human rights organizations consider these accusations false and baseless, as they appear to be related to Sukhgerel’s support to the communities impacted by the Erdeneburen hydropower plant, funded by China’s EXIM Bank, and her legitimate requests for access to environmental information, public participation in environmental decision-making and transparency. 

On 3 August 2022, during a government briefing, Mongolia’s Minister of Justice and Internal Affairs, H. Nyambaatar, stated that the construction of the Erdeneburen hydro plant had been suspended for two years, as a result of a letter from the local communities to the Chinese authorities. He also said that when development projects are interrupted by a civil society organization or person, then a task force should be established to investigate these cases as ‘sabotage’ under Criminal Code Article 19.6 and that the government could claim compensation for the lost economic opportunity. This concerning statement was shared just a few days before the visit by China’s Foreign Minister Wang Yi, to Ulan Bator on 7 and 8 August to discuss economic cooperation between the two countries and who specifically mentioned the Erdeneburen hydropower plant in his remarks.

The Mongolian Minister’s statement could be construed as a direct threat of reprisal against human rights defenders like Sukhgerel. It also sends a very chilling message to all individuals and communities peacefully raising concerns or opposing harmful projects, especially in a context where several environmental activists have already been threatened and criminalized. 

Aerial view, yurts of mongolian nomads at the Khovd river. Bayan-Ulgii province. Mongolia. Credit: Erdenebulgan Battsengel

Sukhgerel is also facing a worrying and orchestrated smear campaign in online media and social media. We are deeply worried about the criminalization and smear campaign against Sukhgerel, which puts her at additional risk and constitutes a threat to all human rights defenders and civil society groups in the country. We fear that as a result of these online actions other human rights defenders, and in particular the communities protesting against the harmful impacts of the Erdeneburen dam or other foreign-funded projects, might also be at risk of being criminalized.

We stand in solidarity with Sukhgerel and other human rights defenders in Mongolia, and we call on all the relevant international institutions and actors that defend international law and human rights to intervene promptly in support of their important and legitimate struggles. Sustainable development is not possible where civil society is repressed and criminalized.

What are we asking?

We call on the government and other relevant authorities in Mongolia to:

1. Immediately investigate and unconditionally cease all attempts to target and criminalize Sukhgerel Dugersuren, as well as other human rights defenders and individuals expressing their opinion or raising concerns about development projects in the country;
2. Guarantee in all circumstances that all human rights defenders in Mongolia are able to carry out their human rights activities without fear of reprisals and free of all restrictions, in line with Mongolia’s international human rights obligations and commitments, including its recently approved law on human rights defenders;
3. ​​​​​​​​​​​​​​​​​​​​​Publicly recognise the importance of freedom of expression, meaningful participation, unimpeded access to information on development projects and environmental impacts, and a safe environment for human rights defenders, to help ensure development projects are truly sustainable for Mongolia.

We call on all the international institutions and actors active in the country – including development banks, UN bodies and experts, EU member states and institutions, international embassies, international investors and private companies – to:

1. Urge Mongolian authorities to immediately halt and dismiss all the charges against Sukhgerel Dugersuren.
2. Urge Mongolian authorities to investigate and stop all attempts to target, criminalize and stigmatize individuals expressing concerns or their views about development projects, including Sukhgerel Dugersuren.
3. Express serious concern about the statements made by Mongolian government officials, who publicly remarked that those opposing the Erdeneburen hydropower plant will be investigated and criminalized, and denounce the smear campaign Sukhgerel Dugersuren is facing.
4. Publicly recognise the importance of freedom of expression, meaningful participation, unimpeded access to information on development projects and environmental impacts, and the need to ensure a safe and enabling environment for human rights defenders, by publicly stating that communities must be able to defend their right to a healthy environment and that human rights defenders are indispensable allies who should be supported.

Signatories

Please note sign-ons to this letter will remain open. If you wish to add your organization’s name, please fill this form.

1. Abibinsroma Foundation – Ghana
2. Accountability Counsel – United States
3. AJI/GAPK – Brazil
4. All African Women’s Group – United Kingdom
5. ALTSEAN=Burma – Burma
6. AMATE El Salvador – El Salvador
7. Amnesty International – Sierra Leone
8. Andrew Lees Trust – United Kingdom
9. APIT – Portugal
10. Arab Watch Coalition – MENA
11. Asian Forum for Human Rights and Development (FORUM-ASIA) – Thailand
12. Asia Pacific Forum on Women, Law and Development
13. Asociacion Ambiente y Sociedad – Colombia
14. Association of Ethical Shareholders Germany – Germany
15. Balkani Wildlife Society – Bulgaria
16. Bank Information Center – United States
17. Black Wimen for Wages for Housework – United States
18. Both ENDS – Netherlands
19. Building and Wood Workers International – Asia Pacific
20. Business & Human Rights Resource Centre – Global
21. Campaign of Campaigns – Mexico
22. CEE Bankwatch Network – Czech Republic
23. Center for International Environmental Law (CIEL) – United States
24. Center for New Environmentally Safe Technologies – Kazakhstan
25. Centre de Défense des Droits de l’homme et Démocratie – DRC
26. Centre for Environmental Justice – Sri Lanka
27. Centre for Financial Accountability – India
28. Centre for Human Rights and Development – Mongolia
29. Centro de Documentación en Derechos Humanos “Segundo Montes Mozo S.J.” (CSMM) – Ecuador
30. Chirapaq/ECMIA – Peru
31. Christian Aid – UK
32. CIVICUS: World Alliance for Citizen Participation – South Africa/Global
33. Coalition for Human Rights in Development – Global
34. Coalition for Sexual and Bodily Rights in Muslim Societies (CSBR) – Indonesia
35. Colectivo sobre Financiamiento e Inversiones Chinas Derechos Humanos y Ambiente, CICDHA – Latin America
36. Community Empowerment and Social Justice Network (CEMSOJ) – Nepal
37. Community Resource Centre (CRC) – Thailand
38. Consejo Interreligioso del Perú-Religiones por la Paz – Peru
39. Constitution Researches Foundation – Azerbaijan
40. Corner House Research – United Kingdom
41. DAWN (Development Alternatives with Women for a New Era) – Global
42. Defenders Protection Initiative – Uganda
43. Democracy Monitor PU – Azerbaijan
44. Derecho Ambiente y Recursos Naturales (DAR) – Peru
45. DiXi Group – Ukraine
46. EarthRights International – United States
47. Earth Thrive – Serbia
48. Eco China Info Initiative Group – Kazakhistan
49. EİTİ NGO Coalition Azerbaijan – Azerbaijan
50. Empower Foundation – Thailand
51. Entrepreneurship Development Foundation – Azerbaijan
52. Environics Trust – India
53. Environmental Defender Law Center – United States
54. Equitable Cambodia Cambodia
55. FIAN Germany – Germany
56. FIDH (International Federation for Human Rights), within the framework of the Observatory for the Protection of Human Rights Defenders – France
57. Framer Framed – The Netherlands
58. Franciscans International – Switzerland
59. Friends of the Earth Japan – Japan
60. Friends of the Earth US – United States
61. Front Line Defenders – Ireland
62. GegenStroemung INFOE e.V. – Germany
63. Gender and Environment Network – Mexico
64. Global Women’s Strike/UK – United Kingdom
65. Global Women’s Strike/US – United States
66. Green Advocates International – Liberia
67. HRM “Bir Duino-Kyrgyzstan” – Kyrgyzstan
68. Human Development Center “Tree of Life” – Kyrgyz Republic
69. Inclusive Development International – United States
70. IndiaMatters – United Kingdom
71. Indigenous Women Legal Awareness Group (INWOLAG) – Nepal
72. International Accountability Project (IAP) – Global
73. International Rivers – USA
74. International Service for Human Rights – Switzerland
75. International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific) – Malaysia
76. isha lisha- Haifa feminist center – Israel
77. Jamaa Resource Initiatives – Kenya
78. Jubilee Australia Research Centre – Australia
79. Karapatan Alliance Philippines – Philippines
80. KKA – India
81. Latindadd – Peru
82. Law and Society Trust – Sri Lanka
83. Legal Action for Women – United Kingdom
84. London Mining Network – United Kingdom
85. Manushya Foundation – Thailand
86. Mines, mineral &People – India
87. MiningWatch Canada – Canada
88. Network Movement for Justice and Development – Sierra Leone
89. NGO Center for Support for Economic Initiatives (SEI) – Azerbaijan
90. NGO Committee for Public Control over the Execution of State Programs at the Local Level – Kazakhstan
91. NGO Consortium for promotion EITI in Kyrgyzstan – Kyrgyzstan
92. NGO EcoMangystau – Kazakhstan
93. NGO Forum on ADB – Asia
94. No Business With Genocide – United States
95. Oil Workers’ Rights Protection Organization Public Union – Azerbaijan
96. OMCT (World Organisation Against Torture), within the framework of the Observatory for the Protection of Human Rights Defenders – Switzerland
97. Organic Agriculture Association – Albania
98. Otros Mundos/Chiapas – Mexico
99. Pakistan Fisherfolk Forum – Pakistan
100. Peace in Kurdistan – United Kingdom
101. Persatuan Sahabat Wanita Selangor – Malaysia
102. Phenix Center for Economic and Informatics Studies – Jordan
103. PowerShift e.V. – Germany
104. Protection International – Belgium
105. Public Service of Ukraine, Poltava branch – Ukraine
106. ReCommon – Italy
107. Recourse – The Netherlands
108. RhodanteA – Belgium
109. Rural Media Network Pakistan – Pakistan
110. Scientists for Wild River Landscapes – Germany
111. Sierra Leone Land Alliance – Sierra Leone
112. Society for Threatened Peoples – Germany
113. SOMO (Stichting Onderzoek Multinationale Ondernemingen) – Netherlands
114. Sosial Strategicall Resorch and Analiticall Invesigation Public Union – Azerbaijan
115. Steps Without borders NGO – Mongolia
116. Stiftung Asienhaus – Germany
117. Studio Jonas Staal – The Netherlands
118. Sukaar Welfare Organization – Pakistan
119. Sustentarse – Chile
120. Swedwatch – Sweden
121. Surya Advisory – Global
122. TKPT – Indonesia
123. Transparet Governance PU – Azerbaijan
124. Twerwaneho Listeners Club – Uganda
125. Universidad Nacional José Faustino Sánchez Carrión – Perú
126. urgewald – Germany
127. Uzbek Forum for Human Rights – Germany
128. Witness Radio – Uganda
129. Women Empowerment Against Poverty of Nepal (WEAPoN) – Nepal
130. Women in Action on Mining in Asia (WAMA) – Asia
131. Women of Color/Global Women’s Strike – United States
132. World Economy, Ecology & Development – WEED – Germany
133. Zero Tolerance Initiative – Australia