A/HRC/43/45/Add.2
101. While number of infrastructure projects being financed in Mongolia by
international partners ultimately aim to achieve more inclusive sustainable growth or
complement social safety net programmes, both positive and negative impacts on
human rights need to be carefully examined beforehand to ensure that potential adverse
consequences are prevented and the projects truly benefit all. The fact that none of the
international financial institution safeguards even mentions human rights is
revealing.105 A robust and comprehensive law on impact assessment is needed, based on
substantive and procedural international human rights standards.
102.
The Independent Expert recommends that the Government:
(a)
Conduct a gender-sensitive, participatory human rights impact
assessment of economic reforms, in line with the guiding principles;
(b)
Carry out debt sustainability analysis from a human rights perspective;
(c)
Continue mobilizing public revenues from the mining sector and other
domestic revenues such as taxation and social insurance contributions to create
sustainable intergenerational and virtuous linkages between the various socioeconomic
groups;
(d)
Deploy further effort to implement the industrial policy while ensuring
policy coherence, and consider including a dimension concerning investment in
research, technology and innovation;
(e)
Invest more human and financial resources in the Ministry of
Environment and Tourism to conduct more robust, systematic and comprehensive
environmental and human rights impact assessments in the mining sector;
(f)
Develop a domestic, professional and independent policy analysis capacity
within the public sector to avoid dependence on private consultancy firms;
(g)
Take further steps to support the technical capacity of affected
communities, particularly at the local level, and civil society to participate in
independent impact assessment processes;
(h)
Consider conducting a study to assess the extent of the shadow economy
and illicit financial flows in the country;
(i)
Ensure that banks and financial intermediaries exercise due diligence
with clients, particularly politically exposed persons, high-net-worth individuals and
large corporations and corporate groups, and assess the effectiveness of the existing
regulatory framework;
(j)
Require customs officials to use available databases of information about
comparable pricing of world trade in goods to analyse imports and exports and identify
transactions that require additional scrutiny; 106
(k)
Adopt effective regulation to tackle conflict of interest, prevention of
lobbying by various sectors and more robust protection of whistle-blowers in line with
international human rights standards;
(l)
Establish a joint agency among the relevant ministries, including the
Ministry of Health, to monitor the health impacts of the mining sector on workers, local
communities and the environment, paying specific attention to the most vulnerable
groups, including children, older persons and people with disabilities;
(m) Ensure that independent environmental impact assessments for the
granting of mining licences are systematically conducted; in this context, ensure regular
monitoring and follow-up, making sure that potential unexpected impacts are both
identified and addressed;
105
106
See Amnesty International, Falling Short.
A/HRC/31/61, para. 87 (c).
19
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