A/HRC/43/45/Add.2
roads leading from the mine with a view to addressing dust-related issues, many challenges
remain.
60.
Oyu Tolgoi is water-intensive, even if it allegedly recycles more than 80 per cent of
the water used. While the Independent Expert acknowledges the mine’s commitment to
saving water, the reality is that mining relies on water usage, and this resource is of specific
importance for communities living in deserts. Past, current and future impacts on local
communities must therefore be taken very seriously.
61.
Over recent years, herders, local communities and the local government in Khanbogd
have expressed their deep concerns about how wells have been gradually drying up since
Oyu Tolgoi started its operations. For nomadic communities, access to water in the Gobi
desert is what separates life from death and the base of their livelihood. Megaprojects can
have a range of impacts on the human right to water in terms of availability, accessibility and
quality. Megaprojects can have a range of impacts on the human right to water in terms of
availability, accessibility and quality. Other rights can also be affected, such as the right to
adequate housing and the right to health.69
62.
As a mitigation measure, Oyu Tolgoi has put in place a programme to help herders to
pump water and drill new wells. However, this solution has come with complications.70 First,
it has allegedly not left the aquifers untouched, and there is great concern that flaws in the
design of the pump have contributed to the shallow aquifer leaking into the deeper one,
leaving users of the traditional wells with little water to pump.71 Second, herders need to have
access to and use energy for water-pumping machines, whereas previous wells were easily
accessible and could be operated at no cost. Third, the increasing difficulties in obtaining
access to water is altering the way in which herders and their animals move around, as many
of the millennia-old waterholes no longer exist, meaning that ancestral nomadic practices are
being changed.
63.
The exploitation of the underground mine, the largest phase of the project, is yet to
come, and the Independent Expert urges the Government, Oyu Tolgoi and investors to
conduct a multidimensional impact assessment with human rights, environmental, health and
social components. This assessment should also include a thorough examination of the
underground mining operations in both hydrologic and geohydrologic terms. Such an
exercise should ensure that potential adverse impacts on human rights and other areas are
prevented, while providing for mitigation and remedy for those potentially affected.72
64.
Particular attention should be paid to the potential impacts on specific groups and
communities, including herders. The impact assessment, including a detailed and
independent hydrologic study and its conclusions, should be easily accessible online both in
English and Mongol. The responsibility of the lenders should also be highlighted in this
regard. 73 The parties’ efforts to set up a local participatory water-monitoring programme
should be underlined and the Independent Expert would like to encourage them to take further
steps to ensure that data are collected regularly from all sides in order to gather further
evidence on the impact of the mining operations on water. The findings should be made
public on a regular basis and should be easily available. Past reports on water resources that
have not been disclosed to date should also be made publicly available.
65.
In parallel, the Independent Expert also recommends that the Government establish a
permanent multi-stakeholder platform to channel discussions between mining corporations
operating in the country and potentially affected communities. Mining, environmental and
human rights authorities, along with corporations and those affected, should be part of these
discussions.
69
70
71
72
73
12
See A/74/197 and A/HRC/39/55/Add.2.
See Tripartite Council, Multidisciplinary Team and Independent Expert Panel Joint Fact-finding.
See Committee on Economic, Social and Cultural Rights, general comment no. 15 (2002) on the right
to water, para. 23.
This assessment should take into account the recommendations in the reports of the Multidisciplinary
Team and Independent Expert Panel.
See A/74/197, para. 69.
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