NATIONAL ACTION 1: Advocate for national legal protection It is imperative that any national law on the protection of HRDs be developed and implemented in close consultation with HRDs and other civil society actors and apply a gender perspective and a sensitivity to the particular situation and protection needs of WHRDs and other groups or categories of defenders who are exposed or at risk. It is also imperative that any law for the protection of HRDs enjoy high-level political support and be accompanied by adequate resources for full and effective implementation. A specific law for the recognition and protection of HRDs based on this Model Law is a necessary, but not itself sufficient element of the framework for a safe and enabling environment for defenders. Along with a specific law for the protection of HRDs, any law or policy restricting their work should also be reviewed or amended. Several elements are essential to any effective instrument for the protection of HRDs, including ensuring it: 1. Is developed in close consultation with civil society; 2. Enjoys high-level political support; 3. Does not seek to impose ‘responsibilities’ on HRDs; 4. Contains provisions recognising and responding to particular risks and / or vulnerabilities and protection needs; 5. Articulates obligations of State and non-State actors; and 6. Contains enforcement, penalty and remedy provisions. 7. Protection mechanisms are adequately resourced and include HRDs in governance and decision-making. As indicated in sub-section D above it is integral to note that some governments may develop and pass a HRD protection law, that in reality has the impact of restricting the rights of HRDs, or contains specific provisions that may restrict HRDs. One example is the HRD protection law in Mongolia, which contains multiple provisions favourable to HRDs, but some which seek to restrict their rights. Case Study: The ‘Law of Mongolia on the legal status of Human Rights Defenders’ was celebrated as being the first law specifically destined for the protection of HRDs adopted in Asia. However, despite major objections from civil society and HRDs, some broad provisions that could easily be used to restrict the rights of defenders were included in the final version. For example, the law prohibits the defamation of the ‘honour or reputation of others’, a provision that could be misused to silence or criminalise defenders, as has occurred with other national laws. The law also restricts funding from organisations or persons carrying out activities that are deemed ‘terrorist, extremist, or that harm national unity’, generic terms that could be used to blacklist any organisation that the government does not like. The NHRI in Mongolia has been active in engagements to strengthen the law. 15