January and February were busy months for CHRD lawyers working on the Open Society Initiative (Budapest) project “Strengthening Environmental Law and Accountability in Mongolia’s Extractive Industry”. In order to gather information and evidence for proposed strategic litigation cases, CHRD lawyers travelled to Darkhan-Uul, Selenge, Khentii, Bayankhongor and Tuv provinces where they met with local community leaders, government officials and herders.
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.
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3 Responses to “Strengthening Environmental Law and Accountability in Mongolia’s Extractive Industry”
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