VZCZCXRO9370
RR RUEHLMC
DE RUEHUM #0192/01 1190742
ZNR UUUUU ZZH
R 280742Z APR 08
FM AMEMBASSY ULAANBAATAR
TO RUEHC/SECSTATE WASHDC 2101
INFO RUEHUL/AMEMBASSY SEOUL 3312
RUEHBJ/AMEMBASSY BEIJING 6113
RUEHMO/AMEMBASSY MOSCOW 2206
RUEHKO/AMEMBASSY TOKYO 2989
RUEHBY/AMEMBASSY CANBERRA 0273
RUEHML/AMEMBASSY MANILA 1720
RUEKJCS/SECDEF WASHINGTON DC
RHEHNSC/NSC WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0595
RUEHGV/USMISSION GENEVA 0395
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC

UNCLAS SECTION 01 OF 03 ULAANBAATAR 000192 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR EAP/CM, EAP/PD, DRL, EAP/P, IIP/EAP 
STATE PASS USTR, EXIM, AND OPIC 
 
E.O. 12958:  N/A 
TAGS: PGOV PREL OPRC KDEM KMDR KPAO MG
SUBJECT: MONGOLIAN PRESS MOSTLY OR "PARTLY FREE," BUT FEELING 
INTIMIDATED 
 
Ref: A) 07 Ulaanbaatar 0558, B) Ulaanbaatar 0191 
 
SENTITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION 
 
¶1. (SBU) SUMMARY AND COMMENT: The Mongolian media are "partly free," 
according to the latest Freedom House report, citing cases of 
intimidation of the press and the selective use of defamation 
lawsuits for this judgment. They note that these abuses present an 
obstacle to Mongolia's continuing democratization.  Although the 
Constitution enshrines freedom of speech and press, the work of 
journalists is limited by political and business interests, which 
result in self-censorship.  Many newspapers and TV networks are 
believed to be owned or partly owned by senior government officials, 
but ownership is unclear because Mongolian law does not regulate 
media-group ownership nor require transparency of ownership. 
Overall the number of media organizations has increased, perhaps 
fueled by the approach of parliamentary elections.  Physical attacks 
against journalists occur but are rare.  Journalists and NGOs 
continue to target the far-reaching State Secrets Law, which 
inhibits freedom of information and, for example, keeps secret even 
the depth of Mongolia's rivers.  Efforts to see 
freedom-of-information legislation enacted have been stalled, at 
least for the time being.  COMMENT: In post's view, Mongolia's media 
are mostly free by U.S. standards and especially when compared to 
their development level cohort.  The GOM has agreed to pursue a 
U.S.-Mongolia Transparency Agreement regarding trade and investment 
(ref B), an agreement which will potentially help open up some 
portions of Mongolia's system and probably require the revision of 
the State Secrets Law.  Meanwhile, post will continue to highlight 
our concerns via opeds, conversations with GOM officials, and 
through our Human Rights Report and other reports.  END SUMMARY AND 
COMMENT. 
 
INTIMIDATION AND DEFAMATION SUITS 
--------------------------------- 
 
¶2. (SBU) Journalists say they are intimidated through civil and 
criminal defamation suits as well as pressure to reveal sources. 
They report sometimes being questioned by the police or intelligence 
officers, and a lack of police interest in investigating when they 
are physically attacked or harassed.  The Mongolia office of Globe 
International, an NGO focusing on media and human rights, reports 37 
cases of "violations of the rights of journalists" in 2007, 
including: 
 
- 3 physical attacks, 
- 20 searches, 
- 2 criminal complaints for publishing information, 
- 2 imprisonments, and, 
- 10 cases of court proceedings or other forms of pressure. 
 
¶3. (SBU) In 2006, 36 lawsuits were brought against journalists, 33 
of them civil and three criminal.  Over half (52.2%) of the 
plaintiffs were politicians, state employees or state organizations. 
 Journalists lost 54.8% of the cases and won only 9.6%, while 35.6% 
were resolved through negotiation. 
 
PROGRESS QUESTIONED, PROFESSIONALISM LACKING 
-------------------------------------------- 
 
¶4. (SBU) The most recent Freedom House report gives Mongolia a 
"partly free" grade and suggests that media freedom deteriorated 
somewhat in 2006, due to an increase in attacks on and harassment of 
journalists, as well as the pursuit of criminal charges and civil 
defamation lawsuits against reporters.  The General Secretary of the 
Mongolian Newspapers' Association, Ms. L. Ninjjamts, believes that 
the "partly free" grade "is still progress," while Ms. R. 
Oyuntsetseg, Executive Director of the Press Institute of Mongolia, 
is more critical, and said she did not see any progress in the past 
year.  The June 2007 crash of a government helicopter carrying 
firefighters presented a unique instance of journalists asking 
officials "difficult questions" and reporting from the victims' 
perspective.  Oyuntsetseg believes Mongolian journalists have a good 
theoretical understanding of investigative journalism (reinforced 
through PAS-funded translations and grants), but lack practical 
 
ULAANBAATA 00000192  002 OF 003 
 
 
skills and experience.  (Note:  USAID has launched a program which 
provides background briefings for Mongolian journalists on energy 
issues and Mongolia's energy system to build a better knowledge base 
to advance sector reform.  End Note.)  Social critic B. Batchuluun 
criticizes Mongolian journalists for exercising self-censorship and 
sometimes showing a lack of professionalism. 
 
"INEXPERIENCED YOUNG KIDS" 
-------------------------- 
 
¶5. (SBU) Media observer and journalist D. Tserenjav laments that 
media organizations are "full of inexperienced young kids," an 
allegation not without foundation in fact.  Journalists who attend 
Embassy press events are primarily young women in their 20s.  Based 
on post's recent experience, their commitment to their profession is 
sometimes less than total.  For example, a 24-year-old reporter for 
a major newspaper, earning $250 a month, decided not to return to 
Mongolia after covering President Enkhbayar's October 2007 visit to 
Washington.  Many younger reporters find it difficult to break into 
senior positions, and our contacts tell us that to climb the ladder 
often requires the blessing or support of figures in the political 
or business world.  Although statistics are unavailable, some 
journalists are believed to leave the profession as a result of 
intimidation connected to their reporting. 
 
NO TRANSPARENCY IN MEDIA OWNERSHIP 
---------------------------------- 
 
¶6. (SBU) Mongolian law does not regulate the ownership of media 
organizations or insist that ownership be transparent.  Although 
media ownership did not appear in the financial disclosure 
statements made by top public officials, many politicians are 
believed to be owners or part-owners of various own media outlets. 
Only one public official has openly announced investment in media: 
President Enkhbayar, for TV9.  The President's wife is rumored to 
own Zuuny Medee, a mainstream newspaper with the second largest 
circulation (at 9,000); the paper consistently praises the President 
and his policies.  Journalists and NGOs complain that the lack of 
transparency in media ownership enables newspapers and TV networks 
to serve as mouthpieces for political and business interests. Also 
problematic, pointed out social critic Batchuluun, is that some 
journalists become affiliated with a certain political party and 
openly serve certain politicians and candidates. 
 
PROLIFERATION OF TV NETWORKS 
---------------------------- 
 
¶7. (SBU) Perhaps fueled by the approach of parliamentary elections 
(scheduled for June 29), there has been an increase in the number of 
TV stations based in Ulaanbaatar.  Online media organizations are 
also growing in number, encouraged by technological improvements. 
According to media observer Tserenjav, the most recent broadcast 
license was sold for 800 million togrogs (around US$700,000), a 
small fortune in a country with where per-capita incomes of 
$1,400(according to figures cited by the Prime Minister.) 
 
WE CAN'T TELL YOU; IT'S A STATE SECRET 
-------------------------------------- 
 
¶8. (SBU) The far-reaching State Secrets Law, which inhibits freedom 
of information, government transparency and accountability, has long 
been criticized by civil society - thus far to little effect.  The 
current law is ridiculously broad; for example, it keeps secret the 
depth of rivers, and the names of recipients of Mongolian government 
scholarships. (Note: The latter fuels suspicion that scholarships 
are frequently awarded to children of the rich and powerful. End 
Note.)  Assisted by EAP/PD's 2006 and 2007 Small Democracy Grants 
Program, Globe International has been holding seminars and making 
recommendations for legislation to amend the law, and to protect 
journalists from defamation lawsuits.  In March, Globe's President, 
Naranjargal, discussed amendments to the State Secrets Law with 
General Intelligence Agency Chief Bold, formerly Mongolia's 
Ambassador to the U.S.  Naranjargal seeks revision of the list of 
topics considered state secrets, in order to make more information 
available to the public and press.  A parliamentary working group 
 
ULAANBAATA 00000192  003 OF 003 
 
 
was established to finish a draft Freedom of Information Act; 
Naranjargal expressed hope that it will be enacted on May 3, 
International Press-Freedom Day. 
 
FREEDOM OF INFORMATION 
---------------------- 
 
¶9. (SBU) However, discussion of a draft Freedom of Information Act, 
promoted by Globe's work, was deferred by Parliament on April 22. 
Two Members of Parliament (MP) argued that the legislature should 
first address the Election Law.  In postponing debate on the draft 
Freedom of Information Act, the former Speaker Nyamdorj, of the 
governing Mongolian People's Revolutionary Party (MPRP), said those 
wanting to discuss freedom of information should "do TV interviews 
if you want to politicize the issue."  To Mongolian media observers, 
this was a telling comment which indicated that, for the time being, 
press freedom will remain an issue of interest to journalists and 
NGOs, but not to Mongolia's elected officials. 
 
GOLDBECK