A/HRC/43/51/Add.2
(j)
Ensure prompt and impartial investigations into all cases of violations,
abuses and violence against human rights defenders, and also ensure an effective
remedy is provided to those whose right has been violated;
(k)
Reopen the investigation into the deaths of Lkhagvasumberel “Sumbee”
Tumursukh and Luntan Bolormaa, taking into account the particular vulnerabilities
they were facing, owing to their human rights work;
(l)
Ensure that journalists, media workers and civil society activists are able
to engage in their activities freely, without any fear of intimidation, threats and
punishment. Condemn unequivocally any acts of intimidation or harassment against
human rights defenders. Enforce legal safeguards to protect critics from any forms of
retaliation. Bring perpetrators of any act of reprisal, intimidation or stigmatization to
justice and ensure effective remedies for victims;
(m) Ensure prior, meaningful, transparent and effective consultations prior
to granting operating licences to companies, with timely, pluralistic and reliable
information made available to civil society and affected communities. Integrate the
findings from impact assessments and take appropriate action to respond to the
concerns, opinions and suggestions of affected people in the areas concerned,
including, where relevant, by refraining from implementing business projects where
human rights concerns cannot be prevented and mitigated. Make sure companies
apply a broad understanding of the concept of “affected people”, in order to include
nomadic people and herders;
(n)
Take appropriate judicial action against companies, their private
security companies and other subcontractors that contribute or cause any acts of
intimidation, harassment or violence against human rights defenders and affected
communities;
(o)
Allow human rights organizations to monitor mining projects and make
recommendations that are aimed at addressing any human rights violations or abuses;
(p)
Establish the position of environmental ombudsperson with the roles
providing environmental information to the public, carrying out independent
inspections and receiving complaints;
(q)
Ensure sufficient funding to civil society organizations and provide them
with political recognition for the valuable role they play in society;
(r)
Strengthen the independence and capacity of the National Human Rights
Commission of Mongolia by enhancing its human and financial resources and
reinforcing its legal framework to ensure its full compliance with the principles
relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles);
(s)
Institutionalize victim and witness protection outside of the law
enforcement authority, through the re-establishment of the marshal service.
74.
The Special Rapporteur recommends that business enterprises:
(a)
Adopt and implement international human rights standards pertinent to
private companies, including the Guiding Principles on Business and Human Rights;
(b)
Take effective measures to ensure defenders are not subjected to any
attacks or intimidation;
(c)
Establish grievance mechanisms necessary to avoid, mitigate and remedy
any direct and indirect impact of human rights violations;
(d)
Ensure that an environmental impact assessment precedes the
operations of businesses, with a view to identifying and addressing any actual or
potential adverse human rights impacts with which they may be involved either
through their own activities or as a result of their business relationships, including
through timely and meaningful consultation with potentially affected communities
and relevant stakeholders and incorporations of inputs received;
17
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