HUMAN

RIGHTS & MINING SECTOR

Main challenges for Mongolia
Altangerel Choijoo
Director of Secretariat
National Human Rights Commission
Mongolia Presentation
PR-01 2019

www.nhrcm.gov.mn
Tel: 262902
 Index Developed organization Total covered countries Evaluation of Mongolia
and Mongolia’s ranking (by score)

Human Development United Nations 189 1

Index Development Program

92 0.741
Rule of Law index World Justice Project 113 1

51 0.54
The Human Freedom The Fraser institute 162 10
Index

45 7.70

Economic Freedom Index The Heritage Foundation 186 Assess score ranging
from 0 to 100

125
55.7
 Index Developed organization Total covered countries Evaluation of Mongolia
and Mongolia’s ranking (by score)

Freedom in the World Freedom House 209 1=free, 7=not free

N/A (Freedom Status: Free) 1.5 (Freedom evaluation)

1 (Political freedom)
2 (Human freedom)

Freedom of the Press Freedom House 201 1. Press freedom score:

Score up to 0-100
points (37)
2. Legal environment:
N/A (Press status: Partly Score up to 0-30 points
free) (13)
3. Political environment:
Score up to 0-40 points
(12)
4. Economic environment:
Score up to 0-30 points
(12)
Human freedom index (The Fraser institute)

Personal Freedom index Economic Freedom index

Ø Rule of Law Ø Size of Government
Ø Security & Safety Ø Legal System and Prop. Rights
Ø Movement Ø Sound Money
Ø Religious Freedom Ø Freedom to Trade Int’l
Ø Asso., Assembly and Civil Society Ø Regulation
Ø Expression and Information
Ø Identity and Relationship
II. MINING SECTOR AND HUMAN RIGHTS

u The mining sector in Mongolia has multiple benefits to the economic and social
development. However, there are various forms of disputes over the environmental rights
and right to live in a safe, healthy environment.
Government and Private sectors should focus on settling this matter.
u The contribution of mining to Mongolia's economy is constantly increasing ...
27.9% of GDP in 2017.
u Mining - country with the largest possible contribution to socio-economic development...
“World Economic Forum – 2018”
u Environmental degradation, impact on the population, governance of natural resources and
political influences - can lead to environmental degradation, inequality, deepening tensions,
and even conflict - All are human rights issues
u Impact of mining on the environment & society is a common challenge for Mongolia.
INTERNATIONAL LEGAL FRAMEWORK
The Rio Declaration on Environment and Development – 1992

Aarhus Convention - Convention on Access to Information, Public

Participation in Decision-making and Access to Justice in
Environmental Matters (1998)
The "emphasis" of the Principle 10 of the UN Environmental Principles

The UN Guiding Principles on Business and Human Rights

set of guidelines for States and companies to prevent, address and
remedy human rights abuses committed in business operations
"Protect, Respect and Remedy"

“UNDP & SEPA 2018”

Guidance Note: Supporting the Integration of Environmental Protection &
Human Rights into the Governance of the Mining Sector
 Stakeholders
u Mining industry, its impact on environment, society and human
rights (at national, regional and local levels)
u State administrative bodies in charge of coordination & regulation
u Business entities – miner, manufacturer, carrier, supplier,
contractors …
u Professional associations and Environmental organizations
u National Human Rights Institution
u Civil society organizations, Human rights defenders
u Mass Media and Social Media
u Local citizens, grassroots
 John Knox, The UN Special Rapporteur on human rights and the
environment visited in Mongolia in 2018

u “Mongolia has a host of pertinent

environmental laws that set out
strong environmental standards
and procedural safeguards.
However the nature of the
implementation gap is big between
the laws and the books, and the
laws that are put in practice.”
u Statement on the conclusion of his
mission to Mongolia

John Knox, The UN Special Rapporteur on

human rights and the environment
 Gender in the mining sector
u Gender inequality and gender-based discrimination in the mining
sector continue to widespread, and most victims are all women
u UNFPA, NSO – Gender-based Violence Survey
“Breaking the Silence of Equality” 2017
u Cause of a specific study due to the mining activities (Cane 2014
OZ) there are occurrence of:
u Domestic violence
u Prostitution
u Alcohol related violence and conflict
u Depression
u Divorce
u Damage health etc… in Umnugobi province.
 STATE GREAT HURAL (2000.12.07)
The National Human Rights
Commission of Mongolia Act
STATE GREAT MEETING (2001.02.02) I
resolution
DISPUTE SETTLEMENT LIBRARY
HUMAN RIGHTS 25 times 3474 book
OPEN-DAY in (441,753,172 MNT) 3156 reader
PROVINCES
96 times TRAINING
44346 person
Status Report on Situation of Human Rights RECOMMENDATION 738 times
and Freedoms in Mongolia 204 time 5328 hour
16 (278 comment, recommendation)

MONITORING
547
STUDY/RESEARCH
REPORTS
105 times
DEMANDS
200 times COMPLAINT
HANDLING
HUMAN RIGHTS EDUCATION 6378 person
Book and manual 82
Public lecture 26 FREE LAGAL ASSISTANCE
Daily newspaper article 177 4588 person
Magazine 45
(between 2001-2017)
www.mn-nhrc.org
Mining Business and Human Rights
Conference
Assessment of human rights impacts on coal mining and transportation
of Tavan Tolgoi coal deposit
Rights which will be affected on the framework of mining project

Range Affected rights G I P Po

I Right to live in a safe and healthy environment 3 3 2 3
Right to health and health care 2 3 2 3
Right to life 3 1 3 2
Right to information 1 3 2 3
II Right to education 1 3 2 3
Right to safe drinking water and sanitation 2 1 3 2
Right to petition 2 1 2 2
III Right to property 1 1 2 2
IV Freedom of movement 1 1 2 2

G – Gravity of impact
I - Impact scope
P - Probability to restore the rights
Po – Possibility of a violation of a human
rights in the near future
 Further discussion on HUMAN RIGHTS ISSUES…
u There are no tools and methodology to conduct a comprehensive assessment
of mining impacts on nature, environment, local development and
population...
u There is no methodology for determining the extent of damages caused from
the human rights violations - For example, determining the ecological and
economic assessment of land, soil and water pollution and vegetation cover,
identify ecological damages caused by mining, processing and transportation
of minerals and determine damage to human and animal health
u Storage, use and disposal of hazardous and toxic chemicals - Implementation
and monitoring of the right to a safe and healthy environment
u Human Rights Defenders – Draft law on Human Rights Defenders -2019
approval
u Make positive impact to the social perception and attitudes of mining sector
– Including, the role of the private sector, the media and social network
 THANK YOU

For further information,

www.nhrcm.gov.mn
National Human Rights Commission
of Mongolia