Conservation and protected areas

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67. While conservation is and should be a national priority, States must ensure that they comply with their human rights obligations in adopting and implementing conservation measures, just as they do in other areas. For example, restrictions on hunting and other uses of forests should be imposed only after consultation with local communities, especially communities that have long relied on such uses for their material and cultural existence. In particular, the Special Rapporteur is aware of complaints concerning restrictions on hunting in the Tengis Shishged protected area, in the forests of northern Mongolia near the border with the Russian Federation. Anti-poaching laws have been strictly applied to the small ethnic minority of the Dukha, also known as the Tsataans, who follow herds of reindeer and rely on the forests for their traditional way of life. The Government should consult with them, and with others in their position, to find ways of including them in its management of the protected area and ensuring that the restrictions on hunting and other uses of the natural ecosystems do not prevent them from enjoying their culture and traditions.

Conclusions and recommendations

85. As Mongolia reviews its laws on minerals and mining, civil society should have opportunities for informed and meaningful participation in this process. The Special Rapporteur encourages Mongolia to:

• (a) Clarify and strengthen the standards for reclamation of mines, and provide more effective oversight of reclamation practices;
• (b) Provide local communities with more time to conduct consultations on proposals for mines;
• (c) Increase the transparency of agreements between mining companies and local authorities;
• (d) Ensure that the conclusions of environmental assessments are taken into account in the environmental management plans for mines;
• (e) Provide for full transparency of payments by mining companies into reclamation funds, and of payments of royalties to local development funds;
• (f) Provide for effective grievance mechanisms that are accessible to affected communities, including herder communities, taking into account the positive resolution of the conflict between herders and the Oyu Tolgoi mine.

88. The Special Rapporteur urges Mongolia to strengthen its conservation laws, including by:

• (a) Providing clearer guidelines for designation and management of protected areas;
• (b) Providing for more systematic and complete information on biodiversity conservation, including on the status of ecosystems and species;
• (c) Providing for and facilitating greater participation by local communities in the monitoring and protection of protected areas;
• (d) Ensuring that restrictions on hunting and other uses of natural ecosystems respect the human rights of traditional communities.