E/C.12/MNG/CO/4
The Committee recommends that the State party:
(a)
Reform the legal framework governing mining and closely monitor the
implementation of related laws, with a view to protecting herders’ rights to pasture,
hay land and water resources;
(b)
Ensure that effective and meaningful consultation is carried out with
herders prior to granting mining licences that affect their rights, and guarantee that
they are provided with adequate compensation;
(c)
Create effective grievance mechanisms that are accessible and affordable
to herders affected by mining activities.
Mining and environmental protection
9.
The Committee is concerned about the inadequate legal framework governing the
mining sector on environmental protection, as well as about the existence of contradicting
laws and the absence of environmental impact assessments.
The Committee urges the State party:
(a)
As a matter of priority, to reform its laws regulating environmental
protection and the mining sector, and in this regard consider implementing the
related recommendations of the Working Group on the issue of human rights and
transnational corporations and other business enterprises (2013);
(b)
To carry out human rights and environmental impact assessment
processes before the mining licences are granted and to ensure that all stakeholders
affected by such projects effectively participate in the assessment processes.
Access to justice and public interest litigation
10.
The Committee is concerned about the limited access to legal aid centres in rural
areas. It also notes that in cases of public interest non-governmental organizations enjoy
only limited access to the judicial system, including before the Constitutional Court (art. 2
(1)).
The Committee recommends that the State party increase financial and human
resources to legal aid centres, particularly in rural areas. It also recommends that the
State party consider granting non-governmental organizations acting in cases of
public interest, especially in cases of economic, social and cultural rights, their own
standing in judicial proceedings, including before the Constitutional Court.
Corruption
11.
The Committee is concerned about the prevalence of corruption within the State
party, including in the judiciary and the civil service, despite the adoption of anti-corruption
measures (art. 2 (1)).
The Committee urges the State party to redouble its efforts in combating corruption,
including in the judiciary and the civil service. It calls upon the State party to
guarantee the transparency and independence of its institutions, as well as to
investigate all allegations of corruption and ensure the effective implementation of
anti-corruption laws. To this end, the State party is requested to implement a zerotolerance policy against corruption and to make judges, prosecutors and the police
aware of their responsibilities with respect to the strict enforcement of the law. It
should also protect the human rights of those engaged in anti-corruption activities, in
particular victims, whistle-blowers, witnesses and their lawyers.
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