A/HRC/43/51/Add.2
60.
In Saynshand, the Special Rapporteur received concerning information that
representatives of the Hamryn Hiid Monastery had not been consulted prior to the granting
of a mining licence to exploit not less than about one third of a recognized protected area
where the Monastery was located. After the monks, together with the local community,
engaged in peaceful protests against the company settlement, the local governor reportedly
announced in early 2019 that the licence had been revoked. However, at the time of the
visit of the Special Rapporteur, the mining site was reportedly still in operation, albeit with
only a few employees, which may adversely affect the right to freedom of religion and
belief of those visiting the place.
61.
In Zuunbayan, the information provided by the mining company Orano, which
exploits resources in the vicinity of the village, did not clear up the doubts that some
community members have regarding the contamination of their water sources. The Special
Rapporteur visited the sites of Zoovch Ovoo and Dulaan Uul, where he could speak with
the representatives of the company who are engaged with local communities, including
those protesting against the company’s work. The Special Rapporteur is convinced that the
apparent lack of trust between some herders and the company in this area can only be
solved by ensuring that the company, as well as independent inspectors, provide the public
with the results of environmental impact assessments on a regular basis.
62.
The Special Rapporteur is convinced that the adoption of a national action plan on
business and human rights, based on international human rights norms and standards,
would prove useful in disseminating and implementing the Guiding Principles on Business
and Human Rights, articulating the State’s priorities to protect against business abuses and
regulating the relationship between companies and communities. The Special Rapporteur
welcomes the establishment of a working group to draft the national action plan on business
and human rights, composed of representatives of government departments, agencies, the
National Human Rights Commission and civil society. He further praises the announcement
made by the Government, at the end of a consultation on business and human rights,
organized in May 2019 by the Office of the United Nations High Commissioner for Human
Rights, that it would complete the drafting of the national action plan on business and
human rights by 2021. The Special Rapporteur encourages the Government to work closely
with civil society organizations and affected communities, as well as representatives from
the business community, in the drafting of the plan so that the work of businesses can
benefit the whole population.
63.
In the same vein, the Special Rapporteur believes that international financial
institutions could play a role in identifying and refusing to work with irresponsible
businesses that do not respect the Guiding Principles on Business and Human Rights.
5.
Journalists, media workers and whistle-blowers
64.
Journalists, bloggers, media workers and whistle-blowers are probably among the
human rights defenders most at risk in Mongolia. According to the data compiled by a
human rights organization that conducted a survey in the period 2018–2019 on the safety of
journalists, half of all journalists or their family members report being threatened,
intimidated or insulted. These data also include the censorship of publications or attempts
to ban programmed broadcasts, damage to or confiscation of equipment, obstacles to the
accessing of information and pressure to reveal sources of information. Internalized as part
of a working routine, these acts, which may affect family members of journalists, are
reportedly rarely brought to the attention of the authorities; hence they contribute to an
atmosphere of self-censorship.
65.
Journalists operate in a difficult context characterized by a strong media
concentration in the hands of a few private entrepreneurs who protect the interests of their
owners. Although media pluralism exists in Mongolia, several media outlets are majorityowned by politicians or private companies that are not necessarily independent or just not
interested in distributing independent information. In a national context where politics has
lately grown increasingly fractious with populist and divisive discourse, with accusations of
corruption in all classes of power, reporting news independently is becoming increasingly
challenging.
14
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