President Invokes Veto on Law on Protecting Human Rights on Social Media

Politics
b.ganchimeg@montsame.gov.mn
2023-01-30 14:20:46

Ulaanbaatar, January 30 /MONTSAME/.  Under the full powers granted by the Constitution of Mongolia, the President of Mongolia Ukhnaagiin Khurelsukh has vetoed the four laws, accompanying  the Law on Protecting Human Rights on Social Media


The four accompanying laws which were approved by the State Great Khural last month included amendments to the Law on Communications, Law on Cyber Security, Law on Protecting Personal Information, and Law on Tax.


The State Great Khural approved the Law on Protecting Human Rights on Social Media on January 20, 2023. The Chairman of the State Great Khural approved it on January 25 and submitted it to the Office of the President the following day. As stipulated in the Law on President and Law on the Procedure of the Plenary Session of the State Great Khural, the President may issue a veto within five days after receiving a law. Accordingly, the President of Mongolia Ukhnaagiin Khurelsukh issued a veto on January 27.


Today, the office of the President presented the Presidential message, explaining his objections. The Legal Policy Advisor to the President A. Byambajargal said, “The State Great Khural amended and approved the four laws, accompanying the new Law on Protecting Human Rights on Social Media on January 20. The president vetoed an entire law, having considered the following reasons.


The Law on Protecting Human Rights on Social Media has not ensured public participation and reflected the suggestions of persons or entities whose legal interests are affected by this law. In this regard, it has violated Article 26 of the Constitution, which says “Citizens and other organizations may forward their suggestions on draft laws to those entitled to initiate a law.” To that extent, the law has wholly violated Article 1.2 of the Constitution, which states that “The fundamental purpose of state activity is to ensure the democracy, justice, freedom, equality, and national unity and rule of law”. Thus, when the State Great Khural adopts any law related to human rights and freedom, it should be mindful of the basic principle to respect law and suggestions offered by the public and professional organizations, and should be based on public discussions.” Then, he pointed out that because the law had been vetoed wholly, its enforcement would be suspended starting from February 01, 2023.  

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