A/HRC/43/51/Add.2
3.
Lesbian, gay, bisexual, transgender and intersex rights defenders
54.
In late 2015, the Government of Mongolia passed a landmark amendment to the
Criminal Code, which made discrimination on the grounds of sexual orientation and gender
identity a crime. However, social attitudes and prejudices and stigmatization are still
prevalent against lesbian, gay, bisexual, transgender and intersex persons and those
defending their rights. The Special Rapporteur believes that greater efforts are needed to
ensure that lesbian, gay, bisexual, transgender and intersex persons and organizations
access effective redress when they are subject to attacks, threats and other violations or
abuses.
55.
The Special Rapporteur concurs with the analysis made by officials he met during
the visit that lesbian, gay, bisexual, transgender and intersex persons and organizations are
at times the victims of subjective interpretation of the assembly law, and he believes more
should be done to ensure that they can effectively exercise their rights to freedom of
peaceful assembly, association and expression.
4.
Land, environmental, housing rights and anti-corruption defenders
56.
In a country where about 40 per cent of the workforce is nomadic, with livestock
herding in extensive pasturelands, and over 30 per cent of the population lives in the
capital, the role played by environmental and housing rights defenders is fundamental. By
promoting sustainable development and livelihood preservation, as well as by encouraging
the business sector to accept its responsibility to respect human rights, their role is crucial
in promoting transparency and accountability and exposing discrimination and corruption.
However, when reporting on air pollution, water contamination and rapid urbanization,
defenders face obstacles and risks, including threats, smear campaigns and intimidation. In
Ulaanbaatar, the Special Rapporteur was appalled to hear about the threats faced by a
human rights defender after he opposed the selling by a private company of plastic bags
that had previously been used to transport hazardous waste.
57.
The Special Rapporteur notes that some companies seem to make an effort to
involve local communities in their development projects, yet he deplores that others seem
to have been more reluctant to do so. In Ulaanbaatar, the Special Rapporteur heard various
testimonies from individuals who had been penalized under article 6.21 of the law on
administrative offences after they had opposed urban redevelopment projects. The Special
Rapporteur is alarmed about the apparent misuse of this legislation. He is also seriously
concerned at the situation of some residents who seem to have been deceived by private
companies. Reportedly, in a number of cases, an agreement on environment protection and
relocation compensation that inhabitants signed with the companies was used to complete
their eviction. The Special Rapporteur emphasizes that the redevelopment plan in
Ulaanbaatar should be an opportunity for genuine consultation with civil society and the
affected persons, who should be provided with all feasible alternatives prior to any eviction.
58.
In Airag, inhabitants and herders who had been living in the area for generations
complained about exposure to contaminated dust, which was allegedly caused by a fluor
mining site operated by the Chinese company Yantai Uul. While the site has been sealed by
the authorities, reports received indicate that some children from the area suffer from skin
irritation and respiratory diseases that may be the result of an ineffective rehabilitation of
the mining site.
59.
In the same area, the Special Rapporteur received complaints from two family
herders living a few hundred metres away from a fluor mining site owned by the company
Dompaloma MCTT. The families reportedly spoke about their respiratory problems in a
television programme and were subsequently subjected to threats and acts of harassment
from the company. The families were accused of fabricating accusations for money through
the posting of derogatory comments by the company on social media, which, in such a
small remote village, had serious adverse consequences for the individuals affected.
Reportedly, the National Human Rights Commission of Mongolia suggested that the
families be resettled at the expense of the company. One family reportedly declined the
offer until they received a decent compensation from the company for the damage caused.
13
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