A/HRC/43/45/Add.2
totalling -$4.156 billion, the impressive increase to $1.952 billion in 2018 should be noted. 99
As highlighted by the Government, the importance of managing private investment and
foreign direct investment is crucial in the implementation of the Sustainable Development
Goals.100 This is also vital for the realization of human rights. The guiding principles on
human rights impact assessments of economic reforms provide that States should enact
foreign investment laws in such a way that includes an obligation on investors to undertake
human rights impact assessments through neutral entities in a transparent and inclusive
manner. States and investors should undertake to use such assessments as a means of
enhancing the sustainability and development impact of investments in such a way that is
beneficial to all stakeholders, including investors.101
91.
In the context of the Ulaanbaatar urban redevelopment plan, various projects are
currently being conducted, including with the support of ADB. For instance, ADB is
currently implementing the Ulaanbaatar Urban Services and Ger Areas Development
Investment Programme with the aim of helping Mongolia upgrade basic infrastructure and
services in “ger” or peri-urban areas of Ulaanbaatar, where the majority of the capital city’s
poor residents live. The project intends to develop roads and water infrastructure social
services.
92.
The Independent Expert learned that, in Selbe, a number of residents have been and
will be relocated, with a serious impact on a number of their rights, particularly on their right
to housing. In this context, complaints were submitted to an ADB mechanism highlighting
many deficiencies in the development of this project, including regarding informed
consultation and compensation. 102 While many of the residents were satisfied with the
outcomes of the resolution of one complaint, other important aspects still need to be
addressed, such as adequate compensation for those who were not satisfied.103 Moreover, the
implementation of such projects can result in important issues related to the right to adequate
housing such as homelessness, land issues and involuntary resettlement and the right to
information. In this context, those implementing the project should offer adequate
compensation that allow people to access alternative housing, and ensure informed
consultations (and transparent updates) in the future.
93.
The legislation on procedures of resettlement and compensation does not include nonurban resettlements. The Independent Expert advises the Government to close this gap by
adopting, after broad consultation with relevant stakeholders, a robust and consolidated
relevant legislation on the basis of existing international human rights norms and standards.
Improving transparency, consultation and participation of potentially affected people is
essential.
94.
Over various discussions, international lenders and development partners have
highlighted their respective safeguards and environmental, social and gender impact
assessment (if any). International financial partners in their various projects – be it related to
mining activities, energy, roads and infrastructure to establish – should establish more robust
frameworks to assess the human rights implications of the projects, covering both substantive
and procedural rights. “Human rights” are usually not even mentioned in the lenders’
safeguards nor their impact assessments.
VII. Conclusion and recommendations
95.
The Mongolian economy is highly dependent on the exploitation of natural
resources. Any significant drop in commodity prices on international markets therefore
99
100
101
102
103
World Bank Group, “Foreign direct investment, net inflows (BoP, current US$) – Mongolia”,
DataBank. Available at https://data.worldbank.org/indicator/BX.KLT.DINV.CD.WD?locations=MN
(accessed on 30 December 2019).
Mongolia, Voluntary National Review Report 2019, p. 36.
Guiding principles (A/HRC/40/57), para. 14.4.
See www.adb.org/sites/default/files/page/42458/mon-45007-004-complaint-form.pdf.
ADB, “Mongolia: Ulaanbaatar Urban Services and Ger Areas Development Investment Program
(Tranche 1) – monitoring report of the Special Project Facilitator”, July 2019. Available at
www.adb.org/sites/default/files/page/42458/mon-45007-004-monitoring-report-final-201907-en.pdf.
17
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