A/HRC/43/51/Add.2
disassociating telephone numbers with national registration numbers, and suggests linking
them to random digits. He is seriously concerned that the sharing of the personal details of
users with social media companies could breach the rights of users to privacy and to
freedom of expression and association, noting that some information contained in the
national registration is personal and confidential by nature, such as one’s age or gender. He
is also wary that such a new requirement would provide private companies with the ability
to collect consumer data and information and use it for their own interests, including for
commercial purposes.
D.
Access to information and participation in decision-making
36.
The right to freedom of expression is intertwined with the right to seek, receive and
impart information. Effective access to information is particularly important in a country
that is resource-driven and exposed to private investment that may have an impact on
communities or the environment. While Mongolia was the fastest-growing economy in the
world with an impressive 17.3 per cent growth in 2011, it faced a sharp slowdown in the
following years, which were marked by high-level debt. The economy is now again on the
rise but the financial arrangement between Mongolia and the International Monetary Fund
– amounting to about $5.5 billion – leaves it accessible to investors, who do not
systematically disclose information or ensure public participation. During the visit, the
Special Rapporteur heard repeated testimonies from civil society actors that mining licences
had at times been granted despite public protests. Although restoring the confidence of
investors is essential, it is equally vital to ensure economic growth is made sustainable, in
order to benefit the society as a whole. As for any country, economic development must go
hand in hand with respect for the environment, preservation of people’s culture, respect for
workers’ labour rights, and public involvement and participation.
37.
The legal framework governing access to information complies to a large extent
with international norms in this respect. Although some improvements may still be
necessary, the Law on Information, Transparency and Freedom of Information of 2011 has
many admirable aspects for the participation of civil society. However, more efforts are
needed to effectively implement it and make it known to State officials and the public. The
Special Rapporteur is mindful that implementing this law in such a vast but sparsely
populated country may pose some challenges, but he is concerned that the law is often
violated.
38.
The Law on Information, Transparency and Freedom of Information requires that
public consultations be organized and that the approval of local community be obtained in
order for a mining project to start its extractive work. Local authorities can also participate
in the process, thus guaranteeing that the public interest will be given primary
consideration. At times, some mining operations have been stopped after community
meetings have exposed risks to human rights and the environment. However, the Special
Rapporteur learned that public consultations are too often pro forma. For instance, it is
reported that consultations only last for a period of 30 working days, which is insufficient
to discuss projects that are often complex and multidimensional. Given that the population
is nomadic and dispersed over a large area, the time proposed to gather affected
communities and organize consultations is too short to be inclusive. Some have also voiced
concerns at the collusion between local authorities and the business sector outside the
capital, undermining public participation and accountability. The Special Rapporteur is also
concerned that the unbalanced economic relationship between family herders and major
companies has not always allowed for public consultations and participation. Others voiced
concerns that too often, companies consult and rely only on those who are favourable to
their extractive schemes and exclude those more reluctant to their projects. Reports
received also claim that in some cases, development projects, such as scholarships, were
given to supporters of the mining operations, or were initiated only after wrongdoings had
been discovered.
39.
During his visit, the Special Rapporteur met with local governors, herders,
community leaders and private companies in the regions of Airag and
Saynshand/Zuunbayan. In the majority of the projects visited, prior consultations had been
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