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. 3

Select target paragraph3