Mongolia – Extractives

By Daniel Morris | 22. February 2024

CHAPTER II. Actions to improve the duty of the state in protecting human rights

6. Improve occupational safety and health requirements and standards.

Actions and measures to be implemented:

(…)

Monitor and inspect the operations of enterprises in sectors with a high incidence of occupational accidents and acute poisonings (mining, extraction, construction, energy, road and transport, agriculture, warehousing) in phases and take measures to enforce occupational safety and health regulations and eliminate violations.

  • Time frame: 2023-2027
  • Criteria: Phased monitoring and inspections will be carried out and measures will be taken to enforce OSH regulations and eliminate violations.
  • Implementing organisations: MLSP [Ministry of Labour and Social Protection]
  • Jointly implementing organisations: Relevant ministries and organisations, AGS [Authority of Government Supervisory], local self-governing bodies.

10. Establish a legal framework for the consideration of human rights principles and criteria in the environmental impact assessment of mining, extractive and infrastructure projects.

Actions and measures to be implemented:

Conduct awareness raising programmes and training on environmental impact assessment in accordance with the “Regulation on Environmental Impact Assessment” adopted by the 2nd Annex to Government Decision No. 58 in 2023, and create an environment that enables the participation of other stakeholders in terms of their opinion and feedback on environmental impact assessment and provide knowledge on the importance of such assessment

  • Time frame: 2024-2025
  • Criteria: The measures to improve public knowledge and awareness will be carried out in several phases. If necessary, the implementation of the regulation will be evaluated and the outcome determined.
  • Implementing organisations: Ministry of Environment and Tourism (MET), Governors of all levels, Local self-governing bodies.
  • Jointly implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MoJHA [Ministry of Justie and Home Affairs], Secretariat of the NCHR [National committee for Human Rights].

Conduct analyses and draw conclusions on the negative human rights impacts of the small-scale, artisanal mining activities and take measures to prevent and eliminate these risks.

  • Time frame: 2023-2024
  • Criteria: Conclusions will be made and relevant measures will be planned and executed.
  • Implementing organisations: MMHI, Mineral Resources and Petroleum Authority of Mongolia (MRPAM)
  • Jointly implementing organisations: MET

11. Strengthen the legal framework to ensure citizens’ right to live in a safe and healthy environment, prevent and eliminate negative impacts on human rights in the implementation of mining, quarrying, heavy industry, road and transport and energy infrastructure projects, resettle land evictions, value their property and provide compensation

Actions and measures to be implemented:

Ensure and protect the right of pastoralists and citizens living in active mining, road construction, transport and heavy industry areas to live in a safe and healthy environment and be protected from pollution and loss of ecological balance, identify the scope of impact, assess laws and regulations and take measures to ensure and protect their right to information, property rights and cultural rights, and strengthen the duties and responsibilities of state institutions, local government bodies and business enterprises in preventing, monitoring and eliminating negative impacts.

  • Time frame: 2023-2025
  • Criteria: The methodology for the assessment of environmental damage and the calculation of compensation will be reviewed and necessary additions and amendments will be made in relation to the determination of the area of impact and compensation for damage. Proposals for improving the legal provisions will be developed and submitted for approval.
  • Implementing organisations: MMHI [Ministry of Mining and Heavy Industry], MET [Ministry of Environment and Tourism], MRPAM [Mineral Resources and Petroleum Authority of Mongolia]
  • Jointly Implementing organisations: Relevant ministries and organisations, MoJHA [Ministry of Justice and Home Affairs], MoC [Ministry of Culture], AGS [Authority of Government Supervisory], Secretariat of the NCHR [National Committee for Human Rights], Governors of all levels.

Evaluate the performance of laws and regulations governing relations related to land displacement, resettlement and forced eviction, and take measures to protect citizens’ land tenure rights and improve procedures for valuing property and calculating compensation.

  • Time frame: 2023-2025
  • Criteria: An assessment will be carried out and conclusions and suggestions will be made. Measures will be taken to improve the relevant procedures.
  • Implementing organisations: Ministry of City and Urban Development (MCUD), Agency for Land Administration and Geodesy and Cartography (ALAMGC).
  • Jointly implementing organisations: MET, MMHI [Ministry of Mining and Heavy Industry], MRTD [Ministry of Road and Transport Development], MoE [Ministry of Energy].

Assess relevant laws, regulations and standards related to urban planning and public services from the perspective of a human rights-based approach, take action to improve them, enforce implementation and increase accountability in case of violations.

  • Time frame: 2023-2025
  • Criteria: An assessment will be made and improvement measures will be carried out. Enforcement activities will be carried out.
  • Implementing organisations: MCUD, ALAMGC
  • Jointly implementing organisations: Governors of all levels.