A/HRC/43/45/Add.2
has the potential to affect the economy and the progressive realization of economic,
social and cultural rights using the maximum of the State’s available resources.
Measures such as true economic diversification are thus key to ensure the sustainability
of the social and economic model and to prevent the human rights of the population
from being affected.
96.
Facing significant debt and macroeconomic challenges, Mongolia entered in an
extended arrangement under the IMF Extended Fund Facility in 2017. Under the
economic recovery programme, a range of measures were put in place, including fiscal
consolidation, orthodox monetary policy and adjustment reforms. Some social
programmes, such as the Child Money Programme and the Poverty Benefit
Programme, were particularly affected despite having been in place for years, with
potentially important impacts on the human rights of their beneficiaries.
97.
Although the level of public debt is not alarming, further economic challenges
may arise as external private debt remains high. Regarding debt management, it is
essential that a holistic and human rights-based debt sustainability analysis is
systematically carried out. Taxation remains an important issue, with the current
individual flat tax rate being regressive and reforms in corporate taxes of concern. As
highlighted by the Financial Action Task Force, despite recent progress, there is also a
need to deploy further efforts to combat illicit financial flows and money-laundering,
including for the purposes of continuing to strengthen the independence of institutions,
addressing tax fraud, and dealing with the occurrence of corruption in both the public
and the private sectors.
98.
It is vital that economic, social, tax, financial, monetary and debt policies are
fully consistent with and actually promote the realization of human rights. One notable
tool in this regard is the regular conduct of human rights impact assessments of
economic reforms in line with the guiding principles (A/HRC/40/57).
99.
The mining sector has the potential to play a truly transformative role and serve
as a catalyst to spur social and economic development, which should be
intergenerational, equitable, respectful of the environment and conscious of pastoral
and nomadic heritage. The Independent Expert commends the State for the adoption
of the Fiscal Stability Fund and the Future Heritage Fund to ensure macroeconomic
stability and a fairer share of the mining sector’s spin-offs in the future. To accompany
this important initiative, it is essential to deploy consistent macroeconomic, monetary,
regulatory, tax, social, environmental and industrial policies. The capture, management
and sharing of mineral revenue should be implemented with a view to catalysing the
sector’s spin-offs and ensuring fair benefits for the population.104 It is also essential that
robust independent environmental impact assessments are duly conducted prior to
natural resource exploitation projects, in consultation with potentially affected
communities.
100. While Oyu Tolgoi has a great potential in terms of promoting growth and
development in Mongolia, there are also serious risks involved, particularly for local
communities. An agreement was reached between parties, following the complaints
submitted by a group of local herders. However, the largest phases of the project are
still to come and the mine is expected to be in operations for decades. It is thus vital that
independent ex ante and ex post human rights, social, health and environmental impact
assessments of the various phases of the project are regularly conducted, potential
adverse consequences prevented and affected communities given access to adequate
remedy. It is essential that contemporary and future potential issues, including in
connection with tax management, are addressed in a timely manner from a human
rights perspective while ensuring the participation of and consultation with local
communities, particularly herders.
104
18
See Pascale Hatcher, Etienne Roy Grégoire and Bonnie Campbell, “The political economy of
enhancing children’s rights through mineral rents: the case of Mongolia”, Working Paper 2016–2017
(Geneva, UNRISD, 2016).
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