A/HRC/43/45/Add.2
47.
Health assessments of the impact of mining on workers, mobile support staff and the
surrounding populations are not systematically conducted, especially in small mines. In this
regard, close monitoring should be regularly carried out to ensure that health assessments are
effectively undertaken and their conclusions taken into consideration. A joint agency among
the relevant ministries, including the Ministry of Health, could be established for this purpose
and to ensure close follow-up, and to ensure that environmental impact assessments are
conducted in parallel and that each of the evaluations mutually informs the other.
48.
By law in Mongolia, there is an obligation to conduct environmental impact
assessments for mining licences to be granted, and a monitoring system to assess the impact
during and after mining operations is included in legislation. Such assessments go beyond
environmental issues, including, even partially, social and economic dimensions, but are
incomparable to the comprehensive impact assessment of coal mining and transportation
activities from Tavan Tolgoi coal mines commissioned by the National Human Rights
Commission of Mongolia in 2018.60 It was brought to the Independent Expert’s attention that
following that assessment, the Government has tackled some of its recommendations,
addressing gaps in infrastructure.
49.
However, at the heart of the current environmental impact assessment system lies an
inner conflict of interests that is worrisome: mining corporations are identifying, contacting,
contracting and paying private consultancy firms that prepare an assessment to be submitted
for licensing purposes, posing serious questions regarding the independence of the evaluator.
The delegation of this exercise to private corporations or third parties does not free the State
from its obligations under international human rights law, nor is the private actor absolved
from applying all the legal substantive and procedural standards enumerated guiding
principles on human rights impact assessments of economic reforms.61
50.
There is a need to develop a domestic, professional and independent policy analysis
capacity within the public sector to avoid dependence on private consultancy firms that are
ultimately paid by the mining corporations requesting licences. The Government must also
take further steps to support the ability of affected communities and civil society at large to
participate and provide parallel information to assessment processes.
51.
Progress has been made since the 2017 visit of the Special Rapporteur on the issue of
human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable
environment, who noted the limited number of staff members in the Ministry of Environment
and Tourism’s environmental assessment and audit division.62 Nevertheless, a team of only
seven people is in charge of reviewing the environmental assessments of all mining projects
in the country. There is an obvious and immediate need to invest further human resources in
this key responsibility, given the importance of mining activities for Mongolia and the scale
of their potential environmental and human rights impacts.
52.
In this regard, the Independent Expert welcomes the efforts being deployed by the
Government to develop a national action plan on business and human rights. The Guiding
Principles on Business and Human Rights are relevant for the whole mining sector, as they
provide specific guidance on the corporate responsibility to respect human rights, particularly
the obligation to do no harm and prevent and mitigate potential human rights impacts.
53.
Measures to ensure the investment of a fair share of mining activities to adequately
compensate local communities for the use of their traditional lands, such as community
development agreements, are not always fully implemented or do not result in concrete
benefits for local populations and those particularly affected. In this regard, the Independent
Expert shares the concerns of the Committee on Economic, Social and Cultural Rights about
the impact of the extractive industries on herder communities’ economic, social and cultural
rights, particularly their rights to their pasture, hay land and water resources.63
60
61
62
63
10
Mongolian Institute for Innovative Policies, Human Rights Impact Assessment of Mining and
Transportation of Coal from Tavan Tolgoi (Ulaanbaatar, 2018).
Guiding principles (A/HRC/40/57), para. 15.3.
A/HRC/37/58/Add.2, paras. 30–31.
E/C.12/MNG/CO/4, para. 8.
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