A/HRC/43/51/Add.2 held by companies – often with the presence of a representative of the State – but their effectiveness had been questioned by the affected communities and human rights defenders. A large percentage of the population in those areas felt pressured and not sufficiently consulted for large-scale development projects. Local communities felt that, in many cases, companies came to the area to sell their projects rather than to engage meaningfully with the local population. Local authorities that were met acknowledged the challenges posed by some economic projects, and some reported experiencing difficulties in regulating the relationship between herders and companies. At times, the disagreement between those in favour of and those against mining operations has led to polarization in the community, which requires an effective response from the State in order to avoid further human rights violations. Responsible and accountable business behaviours, together with an open and participatory public process, are essential for sustainable development. 40. Ensuring public participation and protection is a responsibility of both the State and the private companies involved in large-scale development projects. Realizing the right to participation requires effective measures for the population to receive reliable and pluralistic information and to be in a position to freely express its views and form an informed opinion. The Special Rapporteur underlines that participation goes beyond mere consultations: it implies active involvement and empowerment of defenders and the building of their capacity to interact effectively with other stakeholders (A/68/262, para. 46). It also requires that relevant authorities provide justifications for decisions made and avenues for effective redress. 41. In order to enforce the right to access information and to participate in decisionmaking processes, the Special Rapporteur echoes the call made by the former Special Rapporteur on human rights and the environment, who recommended that Mongolia create an environmental ombudsperson. The ombudsperson could have the role of focal point, ensuring the provision of publicly available and easy-to-understand environmental information, including reasoning for the mining projects, independent inspections and rehabilitation. The ombudsperson would also have the authority to receive complaints from defenders and the general public. E. Freedom of association and of peaceful assembly 42. The Special Rapporteur welcomes the existence of a vibrant civil society in Mongolia. According to the information provided by the General Authority for State Registration, there are currently over 8,000 registered non-governmental organizations in the country, including more than 90 dealing with human rights. 43. The Law on Non-Governmental Organizations of 1997 complies to a large extent with international standards. However, the Special Rapporteur is concerned about a parliamentary initiative aimed at reforming the law. A key justification of the reform is to combat money-laundering, but a closer examination seems to indicate an inclination to follow a more global trend towards restricting foreign funding. Reportedly, the concept section of the proposed law on non-profit legal entities states that the funding of civil society organizations is prone to risks of terrorism financing and money-laundering and mentions the minimal direct involvement from the Government (2 per cent of total funding). 5 Civil society representatives who met with the Special Rapporteur expressed serious concerns regarding the initiative, which could bring new obstacles to registration and to foreign funding. They also highlighted that current discussions take place in an increasingly nationalist and populist context with some public officials making public statements suggesting that foreign-funded organizations did not work for the national interest, which could expose defenders to various forms of harassment. 44. In the context of article 13 of the Declaration on Human Rights Defenders, the Special Rapporteur recalls that the Human Rights Council, in its resolution 22/6, called upon States to ensure that reporting requirements placed on individuals, groups and organs 5 10 Jargalsaikhan Dambadarjaa, “Three risks looming over our civil society”, The Defacto Gazette, No. 1 (102), 18 July 2019.