CHRD_Advocates_Issue 5, Aug, 2009

CHRD Advocates_Issue 6, Jan, 2010

CHRD Advocate Issue 7, April 2010

The PDF file of the paper can be accessed here:

Discussion Paper: Mining and Human Rights in Mongolia

During the first week of May 2010, CHRD hosted a conference for community members, local authorities and mining companies who have concluded participation agreements. The purpose of the conference was to evaluate the success of the agreements, discuss issues and problems which have arisen, and propose ways in which the process of negotiating participation agreements can be improved so that they play a more effective role in promoting responsible mining in local areas.

Based upon this paper, CHRD is planning to organize a public seminar and meetings with relevant stakeholders in June, in order to gather information and hear public opinion using media and our networks.

In January CHRD’s lawyers travelled to the Selenge and Darkhan-Uul provinces. In Shariin Gol soum, Darkhan-Uul they met with members of the local movement “Let’s protect Shaazgait river”. Members of the movement told CHRD lawyers about a mining company undertaking alluvial mining activities in the Shaazgait river basin and polluting the river. CHRD lawyers subsequently entered into an agreement to act on behalf of the local people in potential court proceedings relating to pollution.

During the trip to Selenge province, CHRD lawyers visited Yuruu soum where they met with the local soum Governor, the head of the Citizen’s Representative Khural and local civil movement leaders. The soum administration proposed several rehabilitation cases to CHRD lawyers as the soum has been facing serious problems relating to a lack of mine rehabilitation in the area.

In February the lawyers met with civil leaders in Erdenetsogt soum and Galuut soum in Bayankhongor province and travelled to Erdene soum in the Tuv province. In Erdenetsogt soum the lawyers visited a section of the Tuin Gol River where a mining company has engaged in alluvial mining explotation activities that are potentially in breach of Mongolia’s Water Law. Members of the local community have been organising advocacy activities in an attempt to stop the company’s mining exploitation activities which may affect the community’s only water source. From these visits CHRD lawyers were not only able to enter into legal aid agreements with potential public interest litigation clients but also gained more of an in-depth understanding of the evidence, facts and issues involved in the proposed cases. This is essential in order to ensure that the cases ultimately chosen will be strategic and achieve the best outcomes in terms of promoting human rights and the public interest.

Based on the information obtained from their site visits, CHRD selected four cases: two un-rehabilitated land cases in Khongor soum, Darkhan-Uul, Yuruu soum, Selenge, and Galuut soum, Bayankhongor,  one Environmental Impact Assessment (EIA) case in Khentii province and one water law violation case in Shariin gol soum, Darhan-Uul.
It is now a common practice in Mongolia that mining licenses are unlawfully given in herders’ winter and spring camps, pasture land and river basins, cultural and historical heritages. Therefore, in cooperation with Huvsgul Dalain Ezed civil movement, CHRD chose a case aiming to cancel mining exploitation and exploration licenses in Tuya bag of Burentogtokh soum, Khuvsgul province. CHRD’s lawyers will act on this case on behalf of local herders whose livelihood will be affected by such mining activities. Lawyers will go soon to the area in order to collect evidence and enter into agreement with the local people.

As the core body responsible for administering and promoting national human rights mechanisms, the NHRCM must be able to effectively fulfil its mandate. To do this it needs to have diverse representation and sufficient funding and cooperate effectively with NGOs. The NHRCM must also have the capacity to operate effectively at  national, regional and international levels. In order to create and ensure an effective NHRCM, CHRD’s reports call for an improved legislative framework which supports the NHRCM

• Improving the aid effectiveness
• Monitoring the development project of the ADB
• Engaging with UN Human Rights mechanisms