11.27.2009, REPORT, Mongolian Nature and Environment Legislative Scorecard, The Asia Foundation

Fall 2008 & Spring 2009 Parliamentary Sessions

MONGOLIAN NATURE

AND ENVIRONMENT

LEGISLATIVE SCORECARD

Ulaanbaatar, 2009

greenstar

TABLE OF CONTENTS

The Mongolian Nature Protection Civil Movement Coalition (MNPCMC) develops and delivers to voters andcitizens the on an annual basis. Itsgoal is to identify and promote environmentally friendly Members of Parliament and to encourage a systemof social responsibility and accountability.

The two previous editions of the Green Star evaluated three Parliament sessions and informed over 15,000citizens across Mongolia's 21 aimags about the environmental initiatives and protection efforts of Membersof Parliament (MP). We have appealed to the public to trust and re-elect environmentally friendly MPs. Weare confident that you, the voter, have received our appeal and elected those environmental championswho will prioritize environmental issues and constantly strive to strengthen environmental protection inMongolia.

In this edition, MNPCMC has evaluated the activities of the Fall 2008 and Spring 2009 Parliament sessions,the level of attention that MPs placed on the environment, and how pressing environmental issues wereaddressed in Parliament. We are happy to share this evaluation and information with you.

In the last year, climate change has increasingly become a pressing concern for both the internationalcommunity and Mongolia. We ask that our government develop a strong new policy on climate change thatmakes significant improvements. This is crucial because climate change in Mongolia is more serious than inmany other countries given that Mongolia, a large landlocked country, is heavily dependent on animalhusbandry and agriculture for livelihoods. Mongolia's air temperature increased by 2.1 °C between 1940-2007, and it is estimated that the annual air temperature will increase by 1.4-1.5 °C between 2010-2039, by2.4-2.8 °C between 2040-2069, and by 3.5-5.0 °C between 2070- 2099. Researchers predict that if thetemperature increases by 2 °C, agricultural activities will be severely affected, and countries will facedrinking water shortages and major reductions in fishing income. Additionally, if the temperature increasesby 3 °C, the world will face a food crisis and ecosystems will be severely damaged.

Our generation has witnessed Mongolia's climate changing over the past 40-60 years. We have heard,seen, and suffered from the danger and harmful consequences of climate change. We have also realizedthe potential disaster awaiting our children, and the next generation of Mongolian citizens. Our generationhas become “environmental criminals”, using many resources but not taking measures to prevent or adaptto climate change. In doing so, we are going to leave our children and future generations none of the“Motherland Gift” and “Treasure Share”, but rather the consequences of and responsibility for ecologicalproblems and environmental damage.

We believe that the government must avoid policies and decisions harmful to the environment such asremoving Special Protected Areas from legal protection, allowing mining without robust environmentalmonitoring and mitigation; and building carbon intensive energy and road infrastructure. We emphasizethat the government must develop and implement environmentally sound policies and decisions in line withsustainable development principles, such as reducing greenhouse gases, implementing climate changeadaptation strategies, investing in new, cleaner energy technologies, and increasing the production ofrenewable energy.

We can only solve the climate change problem if we start today and take appropriate measuresimmediately. Otherwise, we will remain a developing nation with great natural resources, lacking protectionfrom disasters and climate change that will cause significant losses from harsh weather. We must admit thatnatural disasters such as droughts, floods, strong storms, and heat waves have started to be more of aburden on people's lives and the poor budget of our nation. Let's fight against climate change together!

GreenStar: Mongolian Nature and Environment Legislative Scorecard

Chairman of theMongolian Nature ProtectionCivil Movement Coalition

B. Bayarmaa, Head of the “KhuvsgulDalain Ezed” Movement

Author's NoteAuthor's Note

GREEN STAR: MONGOLIAN NATURE AND ENVIRONMENT LEGISLATIVE SCORECARD

MNPCMC is a non-governmental, non-profit organization. Its mission is to influence government

policy and decisions to prevent damage to and ensure the natural and ecological balance of

Mongolia, and protect citizen's right to live in a safe and healthy environment. We are a nationwide

coalition with 12 member movements operating in 81 soums across 10 aimags, working together to

protect the environment.

ABOUT THE MONGOLIAN NATUREPROTECTION CIVILMOVEMENT COALITION1

greenstar

MNPCMCMember

MovementsMission

Ariun SuvragaMovement

- Protect and preserve nature and theenvironment at regional and local level

- Stop environmental degradation from misuseof natural resources and improper humanactivities

- Rehabilitate the environment through localcommunity participation

- Ensure stable livelihoods of local residentsand provide them with legal and ecologicaleducation to protect their right to live in a safeand healthy environment

(8 Soums)Ovorkhangai Aimag(3 Soums)Orkhon, Tsetserleg,Tsenkher, and UrdTamir Rivers.

[email protected]

Buir Lake,Khalkh River,and NumrugBasinProtectionMovement

- Protect and rehabilitate the environment ofBuir Lake, Khalkh River and the NumrugBasin

Dornod Aimag(5 Soums)Buir Lake, KhalkhRiver and NumrugBasin

D. [email protected]

Onon UlzMovement

- Protect the Onon and Ulz river basins andtheir tributaries

- Provide ecological knowledge to localresidents to protect and preserve naturalresources, and educate future generations inenvironmental conservation

Khentii Aimag(5 Soums)Dornod Aimag(3 Soums)Onon and Ulz RiverBasin

L. [email protected]

Tuul SelbeEcologyMovement

- Protect the ecological balance of the Tuul andSelbe Rivers, and citizens’ right to live in asafe and healthy environment

Tuv Aimag(4 Soums)Tuul, Selbe RiverBasin

A. [email protected]

UuguulMovement

- Strenghthen civil society in Mongolia toprotect the basic rights of local people

- Protect and preserve the ecological balanceof local areas

Omnogobi Aimag(12 Soums)

D. Bilguun88859011

Khan KhentiiAav, KhatanOnon IjiiAssociation

- Protect and preserve the pristine nature ofKhentii Aimag, birthplace of the Great ChingisKhan

- Rehabilitate biodiversity, and improve civilsociety organizations and citizen engagementin making Khentii a “Green Aimag”

Khentii Aimag(3 Soums)

Ch. [email protected]

Voice ofKhongorMovement

- Protect the Baidrag, Tui, and Shar Us Riverswith local residents’ participation

- Rehabilitate Orog and Boontsagaan Lakes.

BayankhongorAimag (14 Soums)Baidrag, Tui, SharUs RiverWatershed, Orogand BoontsagaanLake Basin

D. [email protected]

Kherlen KhuduuAral Movement

- Protect historical and cultural values both atthe regional and local level

- Monitor irresponsible mining- Protect and develop the Kherlen River and

Khuduu Aral region with the support andparticipation of the local community

Khentii Aimag(2 Soums)Kherlen KhuduuAral Region(Historical origin ofGreat MongolianEmpire)

S. [email protected]

Khuvsgul DalainEzed Movement

- Preserve Lake Khuvsgul basin, and protectcitizen’s right to live in a safe and healthy

environment

Khuvsgul Aimag(3 Soums)Khuvsgul Lakebasin

B. [email protected]

KhuvsgulDelgermurunMovement

- Protect and preserve the ecological balanceof the Delgermurun River basin and itshistorical and cultural values, and pass thesevalues to future generations

Khuvsgul Aimag(7 Soums)Delgermurun Riverbasin

J. [email protected]

Eg-Uur EkhNutagMovement

- Preserve the pristine nature of the Eg andUur River basins, and make contributions toprovide healthy and safe living conditions forlocal citizens

Khuvsgul Aimag(7 Soums)Bulgan Aimag(3 Soums)Eg and Uur Riverbasins

B. [email protected]

ErdenetsagaanCommunityMovement

- Protect the motherland from ecologicaldisaster

- Develop responsible mining

Sukhbaatar Aimag,ErdenetsagaanSoum

D. Munkhuu95181404


Activity LocationHead of Movement

Contact Information

Arkhangai Aimag G. Chagnaadorj

GreenStar

Who do we target with the GreenStar?

Why do we implement the GreenStar program?

What do we do within the GreenStar program?

is a program aimed at developing a rigorous system of responsibility andaccountability for voters and elected officials in Mongolia, identifying the next generation ofeducated, skilled, experienced and motivated Members of Parliament who will work to solvepressing environmental issues, and raising citizen and voter awareness on the environment.

We elect and re-elect to Parliament environmental champions in order to haveenvironmentally friendly representatives. We also aim to educate Mongolian voters aboutenvironmental issues.

We conduct advocacy activities to influence legislators to enact environmentally friendlylaws, and influence policy-makers to incorporate public opinion into government policy.

We inform voters and citizens of MP voting records and actions on environmental legislationand ecological issues. We urge voters to use this information to hold their elected officialsaccountable if they fail to safe guard Mongolia's nature and environment. We alsoencourage citizens to thank their MPs when they champion environmental issues.

ABOUT THE GREENSTAR PROGRAM

OF THE MONGOLIAN NATURE PROTECTION

CIVIL MOVEMENT COALITION

Within the framework of the GreenStar program,

the Mongolian Nature Protection Civil Movement

Coalition analyzes environmental legistion

approved by Parliament, provides information

on government actions and responses to

environmental issues, and scores MPs on the

votes they cast on environmental legislation. In

the previous two editions of the GreenStar, we

analyzed and scored the Fall 2006, Spring 2007,

and Fall 2007 Parliamentary sessions.

MNPCMC member movements and other NGOs

distributed more than 15,000 copies of the

WHAT DID THE 2004-2008

PARLIAMENT DO FOR

THE ENVIRONMENT?

GreenStar to citizens and voters across 21

aimags.

During these three sessions, Parliament:

Drafted two new pieces of

environmental legislation;

Approved twelve pieces of

environmental legislation;

Discussed environmental issues four

times during plenary sessions; and

Investigated the implementation of

environmental laws once.

Parliament Session

Environmentally FriendlyLegislation Drafted and

Approved*

Environmental Inquiriesand Investigations

# of NewLegislation

Drafted

# ofLegislationApproved

# ofInquiries

# ofInvestigations

Fall 2006 0 3 0 0

Spring 2007 2 3 2 0

Total 0 6 2 1

Fall 2007 0 6 2 1

*Note: Legislation drafted during one session may be discussed and approvedduring a later session. Legislation drafted by the Government andthe President is not included here.

Mongolia faces substantial environmental

challenges including extremely harsh weather, a

fragile ecosystem, limited forest and water

resources, and significant changes in weather

patterns due to climate change. Considering

these issues, Parliament's efforts to protect the

country's nature and environment fell far short

of adequate. We will continue to monitor the

effort and efficiency of the 2008-2012

Parliament in protecting our environment.


During the 2008 Parliamentary election

campaign, MNPCMC set-up “Green Gers” to

distribute the GreenStar to voters, support

environmentally friendly MPs for re-election, and

hold accountable the least environmentally

friendly MPs. We are pleased that one of the

most environmentally friendly MPs, B. Bat-

Erdene, was re-elected to Parliament, while two

of the least environmentally friendly MPs, B.

Jargalsaikhan and B. Erdenebat, were not re-

elected.

2.2 I n v e s t i g a t i o n s i n t o

i m p l e m e n t a t i o n o f

environmental laws and

regulations

According to the above criteria, the

most environmentally friendly MP

was A. Bakei, with 16 points, while

the least environmentally friendly

M P s w e r e T s . B a t a a ,

B. Jargalsaikhan, and B. Erdenebat,

with 1 point each.

To identify the most and least environmentally

friendly Members of Parliament during these

three Parliamentary sessions, we used the

following criteria to measure whether MPs are

using their Parliamentary rights to legislate and

monitor environmental protections.

1.1 Initiation of environmentally friendly laws

1.2 YES votes for environmentally friendly

laws

2.1 Inquiries into environmental issues for

Parliamentary discussion

Criteria 1. Parliamentary right to legislate:

Criteria 2. Parliamentary right to monitor

and investigate:

WHO WERE THE ENVIRONMENTAL

CHAMPIONS FROM THE 2004-08 PARLIAMENT?

WHO LEFT MONGOLIA'S ENVIRONMENT BEHIND?

3 Most Environmentally Friendly Members of Parliament

3 Least Environmentally Friendly Members of Parliament

Member ofParliament

Parliamentary right tolegislate

Parliamentary right to monitorand investigate

Total Score

Initiation ofenvironmentallyfriendly laws

YES votes forenvironmentally

friendly laws

Inquiries intoenvironmentalissues forParliamentarydiscussion

Investigationsintoimplementation ofenvironmentallaws andregulations

A. Bakei 2 12 0 2 16Ch. Rad aa 2 11 0 0 13n

B. Bat-Erdene 1 10 0 0 11

Member ofParliament

Parliamentary right tolegislate

Parliamentary right to monitor andinvestigate

Total Score

Initiation ofenvironmentallyfriendlylaws

Inquiries intoenvironmentalissues forParliamentarydiscussion

Investigations intoimplementation ofenvironmental lawsand regulations

Ts. Bataa 1 0 0 0 1

B.Jargalsaikhan 0 1 0 0 1

B. Erdenebat 0 1 0 0 1

YES votes forenvironmentally

friendly laws

Areas of work Specific types of activities and services

1. Policy issues • Conduct surveys to update standards to be used for therestoration of land, water, forest, animal and plant resources

• Update environmental standards based on internationalstandards, and develop new standards on a contract basis

• Breed rare animals and plant plants that are becomingincreasingly rare

• Assess and evaluate activities of professionalenvironmental organizations, and make suggestions toaccept or reject the work done by NGOs

In Prime Minister S. Bayar's speech on “Five

Improvements” at the opening of the Fall 2007

Parliament session, he highlighted the

importance of decreasing the unsustainable

workload of state organizations by transferring

some responsibi l i t ies to civi l society

organizations. We appreciate that MNET

supports NGO activities through the following

initiatives and efforts:

1. Established a voluntary council to

support NGO activities by Order No. 30

of the Minister of Nature and

Environment, 2008.2. Announced 2008 as the “Year of

supporting NGO engagement in

environmental protection”.

3. On November 24, 2008, the Minister of

Nature, Environment, and Tourism

approved Order No. 51, providing a list of

6 areas and 21 services and activities to

be implemented by NGOs.

Table 1: List of services and activities to be implemented by environmental NGOs

Environmental NGOs sign cooperation agreement with theMinistry of Nature, Environment and Tourism (MNET)

THE BEST

ENVIRONMENTAL

EVENTS OF 2008


issues• Develop contracts with related state organizations to protect

sources of springs and streams

• Develop contracts with local administrative organizations toestablish basins to collect rainwater

3. Forest resourceissues

• Organize exhibitions to advertise the use of seeds, saplingsand fertilizers, and supply them to consumers within theframework of forestation and the Green Wall Program

• Support, strengthen and give professional advice topartnerships, organizations, and companies on forestmanagement plans

• Supervise public monitoring of illegal logging and theenforcement of the Law on Forests

• Organize trainings for citizens and introduce internationaland domestic best practices in forestation and combatingdust storms and desertification

• Manage public monitoring of reforestation, forestrestoration, the “Green Wall” program, and combating pestsand insects

4. Environmentalpollution issues

• Collect and incorporate public opinion into requiredstrategic projects

• Supervise implementation of the government policy to limitplastic grocery bags

• Participate in counting areas damaged due to mining

• Participate in research on environmental pollution anddegradation

5. Special ProtectedArea issues

• Manage public awareness activities of eco-gers within theadministration of protected areas, on a contract basis

• Organize trainings for Special Protected Area rangers

• Supervise protection and management of some areasunder local protected status

6. Hydrometeorologyand environmentalanalysis issues

• Supervise the organization of trainings to prepareprofessional personnel for the hydrometeorology andenvironmental monitoring fields

• Provide individuals and companies with information relevantto environment and hydrometeorology, and expand users ofthe information

• Carry out hydrometeorology and environmental monitoringsurveys based on requests from individuals, organizations,and companies in line with Mongolian laws and regulations

Areas of work Specific types of activities and services

2. Water resource

4. The Environmental Civil Council established to

improve NGO participation in environmental

protection held its first meeting on November 25,

2008 and included more than 300 environmental

NGOs.

5. On November 25, 2008, the Environmental

NGO Civic Council and the Ministry of Nature,

Environment and Tourism signed a cooperation

agreement. The cooperation agreement is valid

for four years, includes areas of cooperation,

collaboration principles, and the rights and

responsibilities of the Ministry and of the

Council. The parties agreed to discuss reporting

every year at the Minister's Council.

Principles and areas of cooperation between the Ministry of Nature,Environment and Tourism and the Environmental NGO Civic Council:

Cooperation principles Cooperation areas

• Law-abiding

• Mutual respect

• Equality

• Open and transparent

• Exchange ideas about pressingenvironmental issues

• Conduct monitoring on the awardingand implementation of environmentalprojects

• Monitor enforcement of related laws andregulations

• Share information

• Cooperate when developing draft lawsand policy documents

• Provide mutual support

On May 9, 2007, Resolution No. 130 issued by

the Governor of Bayanzurkh District gave a land

permit to a Korean invested company, Tuul River

Countryside Co., to develop a golf course near

the Tuul River. Throughout construction, the

company removed layers of soil, changing the

soil and ground water levels and altering the

riverbed. Construction of the golf course also

destroyed valuable pastureland used by local

herders in Gachuurt. The company used

chemical fertilizers on the soil, negatively

impacting the fresh water source for residents of

the capital city.

Capital City Administrative Court savescity's drinking water source


Thirteen residents of Gachuurt, led by local

resident N. Erdene, filed a claim with the

Administrative Court of Ulaanbaatar. The court

supported the claim and canceled the permission

to construct a golf course on Ulaanbaatar's fresh

water source. MNPCMC congratulates the

Administrative Court for taking decisive action to

save the drinking water source of the city.

Until recently, Mongolia did not have any

economic assessment tools for environmental

impacts. This led to the dismissal of many

environmental cases and violations. The court

sited a lack of means by which to estimate the

costs of ecological damage in such cases.

In 2008, however, Order No. 207 of the Minister

of Nature, Environment, and Tourism approved

the ecological and economic assessment of

damages caused by mining production, and

methodologies for estimating ecological loss , on

a one year pilot basis. The methodology includes

assessments for damage caused to plants, soil,

water, animals, and air. It also provides an

opportunity to produce a complete evaluation by

anticipating damages that may be caused due to

land degradation. If the one-year pilot is

successful, the assessment and methodologies

will be approved permanently. This much-

needed step has created a legal environment for

estimating ecological damages from abandoned

1

MNET starts to claim damages from mining companies

mining areas, claiming damages, and using the

compensation for environmental mitigation

activities.

As a result, environmental grievances can now

be settled through litigation. The MNET has

estimated the environmental damages caused

by larger mining companies based on this

methodology, and has presented a claim of MNT

52 billion to the courts.

1“Ecological and economic assessment ofdamages caused by mining production, andmethodologies for estimating ecological loss”,Ministry of Nature and Environment, 2008

� Increase in harm and risks to society, the

economy and human health. Infectious

diseases will tend to increase due to

climate change's impacts on human

health, and economic productivity may

decrease.

The air temperature increase in Mongolia has

already exceeded the 2 °C threshold which

international researchers continue to warn

against. The Government of Mongolia must act

now to develop cost effective and efficient

adaptation strategies for the impacts of climate

change. At the same time, policy makers cannot

give up on mitigation strategies focusing on

energy, inf rastructure and industr ia l

development.

Scientists warn that if the global air temperature

increases by 2 C, ecological disasters will occur.

The global average air temperature has

increased by 0.74 C over the past 100 years.

Mongolia, however, is already experiencing a

more dramat ic c l imate change, wi th

temperatures increasing by 2.1 C over the past

68 years. 2007 was the warmest year since

1940, with temperatures 2.5 - 5.7 °C warmer

than multiyear averages.

Some researchers believe that due to global

warming, Mongolia has experienced the

following changes:

Decrease in annual precipitation during

the past 68 years by 8.7 - 12.5% in the

Central and Gobi regions.

Increase in heavy showers by 20% since

1980.

Change in total evaporation, soil

moisture balance, and ecosystem

production. The total surface runoff in

Mongolia increased by 2-3 mm per year

in the past 45 years.

Severe soil erosion and frequent dust

storms. Seven percent of land is severely

affected by desertification, and 34% is

moderately affected.

Rapid melting of permafrost and glaciers.

At current rates, in 2025 permafrost

coverage will be reduced to 43-45% of

present areas, in 2050 to 31-35%, and in

2080 only 27% of Mongolia's territory will

retain permafrost.

More severe and more frequent natural

disasters.

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Temperatures increasing higher than global average

The Worst Environmental Events of 2008


Natural disasters on the rise

In 2008 alone, the National Emergency

Management Agency recorded 2,700 natural

disasters in Mongolia. The resulting loss of life

included 264 people and 1,000 livestock, and

cost an estimated 20 billion MNT in damages.

The number of people killed in 2008 in natural

disasters increased by 21.7%, and the number

of people injured increased by 10.2% over

2007. Weather-related disasters such as

windstorms, sleet, heavy snow, heavy rain and

showers, hailstorms, thunder, heat waves, and

sudden drops in temperature killed 82 people

and injured 674.2

Government tries to overcome financialcrisis by digging for gold

Parliament convened an extraordinary session

on March 3, 2009 to approve a resolution

allowing “Measures to overcome financial

difficulties”. The resolution included nine

measures for implementation by the

Government and the Parliament. One of the

measures calls for spending 300 billion MNT to

support the mining sector and increase export

earnings by increasing gold extraction by an

additional 40 tons.

The Mongolian economy has grown heavily

dependent on mining revenues due to the Gold

Program, which has been implemented since

1991. As of 2008, about 30% of GDP, 60% of

industrial goods, and 73% of total export

commodities come from mining. Mongolia's

natural environment, however, is suffering

ecological destruction caused by irresponsible

mining. Large, gaping holes, tall dirt piles and

huge tailing ponds litter the Mongolian

countryside. Rivers and streams are drying up.

Air, water, and soil show increasing evidence of

pollution. The country's rich biodiversity

dwindles with each day that irresponsible mining

continues.

2Letter from G. Sarantuya, Director, Instituteof Hydrology and Meteorology, July 1, 2009.

Geological exploration affected 1,721.9 hectares

of land, and 14,565 hectares of land were

damaged by mining operations. At 120 sites in 36

soums across 11 aimags, companies and

individuals extract gold using illegal chemical

substances. One frightening statistic resulting

from this is that 53.5 hectares of soil and

203,508.8 cubic meters of sludge pits are

contaminated by mercury. It is universally

accepted that mercury contamination carries

The Red Taiga in Northern Mongolia, one of the

country's most unique natural landscapes, offers

high mountain ranges, taiga forest, and several

pristine rivers. Home to the endangered argali

sheep, ibex, snow leopard, bear, deer, elk, sable,

musk deer, otter, wild reindeer, and birds such as

snowcock and osprey, for generations the Red

Taiga has served as a safe haven for the region's

rich wildlife. The forest also boasts many

extremely rare plants included in the

such as Siberian Fir, wormwood, and

rhododendrons. An abundant source of fresh

water, the Red Taiga is the source of many rivers

such as the Delgermoron, Khog, Bus, Mungarag,

Guna and Borlog. These flow into the Selenge

and Enisei Rivers. Another unique feature of the

region is its indigenous people, the Tsaatan, who

depend heavily for survival and livelihood on the

natural environment.

In October 2008, around 1,650 ninja miners

descended on Soyo Bag of Ulaan-Uul Soum in

Red Book of

Mongolia

severe negative impacts on human health, food

safety, and the environment.

The MNPCMC opposes such negligent

decisions of the government that encourage

further mining of resources, instead of taking

measures to reduce the negative impacts on the

environment and human health perpetrated by

irresponsible mining.

3Report on the State of the Environment for 2006-2007,Ministry of Nature and Environment, p. 110.

3,000 Ninja miners destroy Khovsgol's Taiga

Khovsgol Aimag. After one month of active

artisanal mining, the local administration forced

the ninjas out. This was not the end of the

problem for the soum, however, as 3,000 ninjas

returned a short time later.


The Khovsgol Dalai Ezed Movement, My

Mongolian Homeland Movement, and Deedes

Mountain Academy traveled to the area with

MN25 television journalists to appeal to the

Khovsgol Aimag and Bayanzurkh Soum

Government to stop the illegal mining activities.

LocationPolluted Area Destroyed Land

Length(M)

Width(M)

Land(Hectares)

Length(M)

Width(M)

Land(Hectares)

Ulaan-UulSoum

ArkhemRiver

3000 1500 450 2500 40 10

Khereed-Khog River

280 100 2.8 180 30 0.54

Khog River(Middle)

150 80 1.2 150 25 0.375

Khog River(East)

140 80 1.12 140 25 0.35

KhavkhanRiver

150 80 1.2 150 30 0.45

Bayan-zurkhSoum

Altgar River 260 150 3.9 160 35 0.56

The areas polluted and destroyed by ninja miners in Khovsgol's Ulaan-Uul and Bayanzurkh soums:

4

Ninja miners are now also washing gold in the

Khog, Ar Khem, and Khavkhan Rivers. As of

today, 460.2 hectares of land has been polluted

and 12.2 hectares of land destroyed in Ulaan-Uul

and Bayanzurkh soums.

4Letter from Ch. Urtnasan, Director, Khovsgol Aimag Environment and TourismDepartment to Ministry of Environment, Nature, and Tourism

In addition, MNPCMC calls on the government

to save this unique area and protect it from the

severely detrimental environmental impacts of

ninja mining by placing it under special state

protection.

Total (Hectares) 460.22 12.275

5Mongolia's Specially Protected Areas, D.Myagmarsuren, D. Enebish, 2007, p. 135.

According to the Millennium Development Goals

and the National Program on Special Protected

Areas, Mongolia aims to place at least 30% of its

territory under special protection to preserve and

protect the environment. With

.

Fortunately, Mongolia receives support from

international agencies to assist in meeting its

pledge.

On April 1, 2009, Prime Minister S. Bayar issued

Government Resolution No. 86, calling for

geological mapping to be conducted in 25 areas

across the country. The areas include the Eej

Khairkhan Uul National Monument Area, Khuh

Serhiin Nuruu National Conservation Park,

Khasagt Khairkhan Uul National Conservation

Park and Batkhaan Uul Nature Reserve.

According to the Mongolia Law on Special

Protected Areas, plowing, digging or mineral

exploration is strictly prohibited in these areas.

As of early 2008, Mongolia placed only 14% of its

land and 61 areas under state protection.

MNPCMC believes that the decision to

potentially release four areas from special

protection defies the policies set out in policy

documents such as the Millennium Development

Goals of Mongolia, National Security Concept,

harsh climatic

conditions and a fragile ecosystem, Mongolia's

natural environment requires vigilant protection

Government Policy on Ecology, Concept of

Sustainable Development for the 21 Century,

and the National Program on Special Protected

Areas. This kind of policy backsliding

demonstrates the Government of Mongolia's

inconsistency in policy decisions.

The government must take into account that no

country has a clause in their law on special

protected areas to degazette land from special

protected status. Considering this, we require

the government to ensure protected areas

remain under legal protection.

st

5

Government invading strictly protected areas


Historically, Mongolians protect beautiful

landscapes, and rare animals and plants by

worshipping them and declaring the area a

sacred preserve. Not only Mongolia's oldest

protected area, Bogdkhan Mountain is also the

oldest wildlife refuge and national park in the

world. In the 13 Century, Van Khan of Khereid

first declared the whole mountain as “Khan Uul”

sacred preserve. In 1778, the mountain was

officially placed under protected status. Later, in

1957, the mountain was protected under the

name “Choibalsan”, and again under the name

“Bogd Uul” in 1974. In 1995, the Bogdkhan

Mountain was officially designated a Strictly

Protected Area. Awarded UNESCO Biosphere

Status in 1997, and the mountain offers a portion

of the country's beautiful countryside within

eyesight of the capital city.

Since 2004, more than 160 development permits

granted by successive Ministers of Nature and

th

Sacred Bogdkhan Mountain being sold off bygovernment officials

Environment threaten this sacred mountain,

violating the law on Strictly Protected Areas by

allowing tourist camps, residential apartments

and hotel construction. In particular, one former

Minister of Nature and Environment, G.

Shiilegdamba, issued 8 resolutions from

February 26, 2008 to August 22, 2008,

allocating parts of the sacred Bogdkhan

Mountain to 271 individuals and companies.

The Ministry of Nature, Environment and

Tourism must cease the illegal action of giving

out to influential people the land that it is

supposed to protect. The Coalition calls on the

Ministry to save the first sacred mountain of

Mongolia, Bogdkhan, from attacks by the

powerful and to re-declare it as a sacred

preserve for the benefit of all Mongolians.

6

6Report on investigation on the establishment and usageof Special Protected Areas, Parliament StandingComittee on Environment, Food, and Agriculture.

Thirty-five measures forimplementation related to theenvironment included in the 2008-2012 Government Action Plan

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The State Great Hural (Parliament) of Mongolia

adopted the Action Plan of the Government of

Mongolia for 2008-2012 in November 2008. The

new government's Action Plan integrates input

and priorities from:

National Development Strategy of

Mongolia (which is based on the

Millennium Development Goals);

Election platforms of the Mongolian

People's Revolutionary Party;

Election platforms of the Democratic

Party;

The consensus on select issues

reached between the two parties after

the election; election platforms from

minority parties;

Proposals made by civil society, and

agreements signed with international

organizations.

The primary objectives of the government at a

time when Mongolia faces economic challenges

due to the global financial crisis include securing

SIX LAWS AND RESOLUTIONSAPPROVED BY THE 2008 FALLSESSION OF PARLIAMENT

The Fall 2008 Parliament session began on October 1, 2008 and continued for 77 days until

January 16, 2009. During this period, Parliament held 31 meetings and approved 79 laws and 48

resolutions. Of the 127 laws and resolutions approved during this session, the Mongolian Nature

Protection Civil Movement Coalition (MNPCMC) analyzed the following laws and resolutions

related to nature and the environment:

Law on the Budget of Mongolia for 2009

Amendments to the Law on the Budget of Mongolia for 2008

Amendments to the Law on the Development Fund Budget of Mongolia for 2008

Ratification of Joining the International Convention on Plant Protection

Parliament resolutions onApproving ParliamentActivities for 2008-2012

Main Directions of the Socio-economic Development of Mongolia in 2009

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opportunities for economic growth based on

Mongolia's mineral resources, and broad-based

social development. While focusing on these two

main goals, the government should continue to:

build the capacity required for human

development in Mongolia; substantially improve

living standards; ensure transparency, openness,

fairness, accountability and ethics in public

administration; improve the reputation of state

and government organizations at all levels; and

safeguard national security.

We appreciate and support the government

implementing a mature policy on the tourism

industry, based on preserving an ecological

balance, using natural resources rationally,

conserving the environment, and creating a stable

environment for development. Additionally,

MNPCMC wants to highlight that in the Action

Plan Implementation Methods it states, “…

rational use of minerals and natural resources to

meet the development needs, and use in a way

that would not cause harm to human life and

environment.” The Government Action Plan

considers all social, economic, political,

environmental and rural development issues, and

puts forward nineteen activit ies within

environmental sustainability objectives:


1. Implement policies to preserve natural

resources within the natural carrying

capacity of the environment, use resources

rationally and promote eco-friendly clean

technologies in line with related laws and

regulations;

2. Reduce air pollution in Ulaanbaatar and other

cities through restriction of burning raw coal,

expansion of engineering improvements

and new apartments replacing the

areas, widening green belts, and

renovating the public transportation system

by adding natural gas powered vehicles;

3. Reduce air and water pollution, land

degradation in cities and towns, and create

healthy and comfortable living conditions for

citizens;

4. Introduce new waste management in cities

and towns and set up waste recycling

plants;

5. Implement a coordinated state policy on

water, manage the flow of major rivers, and

construct infrastructure needed to transfer

accumulated water reserves into usage;

6. Re-plant indigenous plants in Gobi regions

and sparsely vegetated areas prone to

desertification, increase precipitation,

collect water, set up man-made lakes and

ponds in order to keep ecosystems in

balance, and implement a National Water

Program;

7. Construct wells that use wind and solar power

in each in order to irrigate pastoral land

in the Gobi and sparsely vegetated areas;

8. Reformulate the national program against

desertification and increase foreign and

domestic funding to decrease deser-

tification;

9. Upgrade the legal basis for protection of soil

and adopt and implement the law on soil;

10.Prohibit geological surveys for natural

resources and exploration in areas with

limited reserves of gold deposits, watershed

areas, river basin areas, forests, Gobi oasis

areas, natural scenic areas, and national

parks, and restrict the use of technologies

ger

district

bag

for mining purposes that are harmful to nature

and human health;

11. Avoid profitable projects if there is no

guarantee to restore nature and the

environment;

12.Based on the principles of responsible

mining, create a database on mining and

m o n i t o r i n g , s u r v e y p r o g r a m s ,

environmental protection and restoration

plans, and resource use payments, and

make it transparent and open to public

access;

13. Introduce procedures for decision-making

on granting exploration and exploitation

licenses to be based upon comprehensive

environmental impact assessments made

by professional authorities selected via

certain criteria;

14. Expand local networks of special protected

areas which are crucial in preserving

Mongolia's ecological balance;

15. Create a strong management system for

forest resources and forest restoration, and

encourage initiatives to use imports for

domestic wood products and materials;

16. Improve protection management of flora

and fauna and create favorable conditions

for their natural growth and rehabilitation;

17. Pursue a coordinated pol icy on

environmental protection, land, natural

resources, and rational use on the basis of

a national policy on land and coordinated

land fund planning in Mongolia; create an

independent body replacing the present

land and real estate registry authorities and

improve the methodology on land value

determination;

18. Improve the legal environment for the

tourism industry and increase the number

of tourists visiting Mongolia through the

improvement of related infrastructure;

19. Tighten state control over nature and the

envi ronment and strengthen the

responsibilities and liabilities for keeping

natural resources safe and secure.

We are pleased to introduce the following sixteen objectives related to nature and theenvironment that are included in the objectives for other sectors:

Objectives of othersectors

Activities related to nature and the environment

Within the framework ofimproving the quality ofcitizens’ lives byimplementing appropriatepolicies on population andsocial issues

Within the framework ofachieving economic growthand sustainabledevelopment byimplementingindustrialization policies

Within the framework tostrengthen the rule of lawand make governancetransparent and open

Within the frameworkrelated to national securityand foreign policy

Build the capacity of agencies to undertake emergency measures and grantmedical assistance in cases of environmental pollution, natural and humancaused disasters, epidemic diseases, and contamination.

Create conditions that are conducive to family stability, respect for customs andtraditions, environmental protection, skills development, a safe environment forchildren to grow healthy, as well as raising children to be creative andresponsible persons who are eager to learn and able to control their own fate.

Improve the quality and competitiveness of domestic products and services,improve consumer safety, create ecologically friendly conditions, andsubstantially improve support in terms of standardization and measurement inorder to supply consumers with high-quality and safe products.

Review and develop the mining sector policy based on the principles ofresponsible mining, and improve the sector’s legal environment.

Encourage the application of eco-friendly technology and best practices for themining industry, rehabilitate damaged lands, and receive required amounts forrehabilitation into state budgets.

Take measures to supply residents of ger districts with fuel that generates lesssmoke.

Conduct research on converting coal to gas and natural gas and determine itsapproximate reserves; improve the legal environment for the development of fuelgas in order to widen its usage.

Implement a sea-buckthorn project to plant sea-buckthorn on twenty hectares ofland, and set up a sea-buckthorn processing farm.

Develop the legal environment for agricultural plot land utilization, create aninformation database on land and land resources, take comprehensive measuresto protect and improve the productivity and irrigation of pasture lands, andcombat harmful rodents.

Introduce new technologies to combat soil erosion and degradation, and intensifythe restoration of abandoned lands for farming and agricultural purposes.

Promote and support greenhouse industries for growing fruits and vegetables.

Support operations of companies and enterprises that use internationalstandards and eco-friendly technologies in road paving and repair.

Implement a national program on renewable energy, and study the possibility tobuild large power stations based on modern technology using wind and solarpower, and construct them in the Gobi and eastern aimags.

Introduce GPS technology, launch the second phase of establishing a GPSnetwork, and upgrade the network.

Revise and adopt an urban planning policy, and launch a program “NewUlaanbaatar–Green City”, aimed at capital city renovation, reducing air pollutionand land degradation in the city, resolving complex infrastructure issues, andsetting up green parks in every district for youth, leisure, and entertainment.

Create a legal environment for civic monitoring and implement a policy to ensurecitizens whose rights are violated can file complaints and claims.

Increase participation and engagement of some military services and units in theactivities of ecological disaster prevention, combating desertification, treeplanting, and land restoration.


Twenty-eight measures forenvironmental protection included inthe Main directions for socio-economicdevelopment of Mongolia

Each year MNPCMC closely scrutinizes the

environmental aspects included or missing in

the “Main Directions of the Socio-economic

Development of Mongolia,” the government's

primary policy document produced annually.

Further, we also inform the public about this

document and monitor its implementation.

Parliament approved the resolution on the “Main

Directions of the Socio-economic Development of

Mongolia for 2009” on November 21, 2008. It

includes 28 activities within two objectives on

environmental protection:

will demand government officials fulfill these

commitments on time. We will also inform you,

the voter, about the implementation of these

objectives at the end of the current session of

Parliament.

Over the next four years, we will regularly

monitor and evaluate the implementation of the

above-mentioned 35 activities related to nature

and environment as included in the

government'sAction Plan for 2008-2012, and

Objective I: Ten activities aimed at improving the legal framework for natural

resource management and improving community and public

engagement in environmental protection.

№ Activities to be implemented within Objective IMeasurement

unit,criteria

2009implementation

level

1. Develop and implement a long-term policy onsustainable use of natural resources, protection andreclamation of surrounding environment, and supportthe policy by introducing environmentally-friendly,advanced technologies, and monitor itsimplementation.

By theimplementation ofactivities

-

2.Create a legal environment for the effective use ofnatural resources and strengthen the capacity of itsstrategic management.


-

3.Create forest restoration and protection managementby promoting forest management based on theparticipation of professional organizations and thepublic.

% of forest givento communitypartnerships andeconomic entitiesfor management

10.0

4.Improve the quality of forestation and tree nurseries,protect against illegal logging, and increase citizenengagement in preventing forest fires.

Forestationamount (thousandhectares)

12

Seed reserves(kg)

300

Saplings(thousands)

5

Green Wall area(hectares)

500

Forestmanagement(thousandhectares)

19

5. Create a mechanism to clean the forest, and use asfuel degraded forest affected by fire.

- -

6. Establish a council on river basin management andtake the sources of some rivers into specialprotection.

# of river sourcestaken into specialprotection

6

Objective II: Eighteen activities within the objective of reducing air, water and

soil pollution and environmental degradation.

№ Activities to be implemented within Objective IMeasurement

unit,criteria

2009implementation

level

7. Conduct underground water monitoring and create awater quality monitoring network.

# of monitoringnetworksestablished

25

8. Conduct research on water resources of regionalcenters and cities and estimate the amount of waterresources.

# of placesinvestigated

7

9. W ithi n the framework of improving the management ofanimal protection and research, support citizeninitiatives and entities who work on animal protection.

# of activepartnerships

3

10. Improve management to provide broad citizenengagement in biodiversity protection, strengtheningof Strictly Protected Areas, and development of thetourism sector.


-

№ Activities to be implemented within objective IIMeasurement

unit,criteria

Levelto be reached

in 2009

1. Implement the “polluter pays” principle, and introduceappropriate methods to finance measures forensuring air quality.


-

2. Expand the consolidated network of environmentalmonitoring and analysis, and build capacity ofprofessional laboratory staff.

# of newlyestablished andfurnished centersand laboratories

2

3. Expand the monitoring network, and evaluate thenegative impacts of air pollution on human health.

# of laboratoriesthat monitorsources of airpollution

1

4. Improve the land management system and advancethe legal environment for effective land use.


-

5. Develop a consolidated land plan approved byParliament, and sell land by open auction (excludingland for business, residential, and ger district lands inthe capital city and aimag centers).

- -

6. Introduce GPS technology, launch the second phaseof establishment of a GPS network and upgrade thealtitude network.

Improved quality ofmapping

-

7. Increase water resources in the Gobi region wheredesertification is the main environment problem, andintensify tree planting.


-

8. Support initiatives to dig wells, establish man-madeoases and other water related initiatives in the Gobiregion that is being heavily affected by desertification.Continue the implementation of the National Waterprogram, and build at least one well in the every bagusing modern advanced technology.

- -


From this list, MNPCMC emphasizes the

importance of mitigating the negative impacts

of climate change; developing and

implementing a policy and strategy to adapt to

climate change; ceasing the issuance of

mining licenses at placer gold mines with low

reserves, near watersheds, river basins,

forest resource areas, Gobi oases, locations

with unique natural landscapes and within

protected areas; and banning mining

operations employing techniques and

technologies harmful to the environment and

human health. We deem these initiatives to

be crucial, visionary, and innovative.

Despite the vision and seeming commitment to

the protection of Mongolia's nature and

environment, the government has not followed

through with commensurate funding to achieve

these goals. In fact, only two activities were

funded:

MNT 2,177 million to purchase radar

and equipment that artificially modifies

the weather

MNT 200 million for water research and

exploration

This gives rise to doubts about whether these

objectives can be fully implemented within the

planned timeframe.

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№ Activities to be implemented within objective IIMeasurement

unit,criteria

Levelto be reached

in 2009

9. Improve the responsibility to and accountability ofreclaiming mined areas by tightening the monitoringof Environmental Impact Assessments.


-

10. Cease the issuance of mining licenses at placer goldmines that have low reserves, near watersheds, riverbasins, forest resource areas, Gobi oasis, locationswith unique natural landscapes and within protectedzones, and completely ban mining operations usingtechniques and technologies harmful to nature,environment, or human health.


-

11. Improve the management of production and servicesto reduce garbage, recycle, build special disposalsites in larger cities and towns, and introduce land-filling methods.

# of disposal sites 1

12. Conduct detailed research on soil pollution in citiesand towns, and create a database of results.

Database created -

13. Produce coking coal, and reduce air pollution inUlaanbaatar by encouraging the use of cars andbuses with complete combustion engines.


-

14. Improve the management of chemical and hazardoussubstances, and build a hazardous waste disposalsite.


-

15. Improve the quality and results of EnvironmentalImpact Assessments, and expand the engagement ofpublic monitoring.


-

16. Support investments in water conservation andpurifying technologies.


-

17. Mitigate the harmful impacts of climate change.Develop and implement adaptation strategies andpolicies related to climate change.

By theimplementation ofthe activities

-

18. Organize activities to increase rainfall by artificiallymodifying the weather

Number of mobileteams

2

Land generators 1

Additional MNT 455.5 millionallocated for MNET from theDevelopment Fund budget ofMongolia for 2008

Under the Law on the Development Fund

Budget of Mongolia for 2008, MNET received no

portion of the Development Fund. In a positive

change, according to the amendments to the Law

on the Development Fund Budget of Mongolia for

2008, approved on October 17, 2008, an

additional MNT 385.5 million was allocated for the

construction of environmental offices, Strictly

Protected Areas administration, and water

research.

Selenge and Khentii aimag. On a positive note,

MNT 476.2 million was included in the budget for

Ulaanbaatar City to implement projects and

activities aimed at reducing air pollution in the city.

The government also postponed the allocation

of MNT 1,050 million out of MNT 2,850 million to

build garbage disposal sites in Bayankhongor,

Gobi-Altai, Dornogobi, Omnogobi, Sukhbaatar,

2009 state budget againallocated the smallest amount fornature and environment

Every year we are disappointed to observe the

state budget allocation for the Ministry of Nature,

Environment, and Tourism, and the total amount

of environmental investments fall to the bottom

of the financial priority list for the government.

The Law on State Budget of Mongolia for 2009,

approved on November 27, 2008, allocated only

MNT 21,814.3 million to MNET, the smallest of

all ministry budgets. We are very concerned that

despite income from taxes into the state budget

increasing every year, the budget amount for

nature and environment continues to decrease.

We take vast amounts from Mongolia's nature

and environment but do very little to restore and

protect it. This is an inappropriate level of

allocation, and what is more, it points to an

unsustainable future for Mongolia's already

degrading fragile ecosystems. The total

investment amount to be financed from the 2009

state budget is MNT 241,752.9 million; MNET's

share is just 1.06% or MNT 2,577 million. We

have found that anyone working to protect and

preserve Mongolia's environment finds this

highly disappointing and it does not bode well for

the future of the country.

List of investment projects, activities and equipment to befinanced from the state budget

Environmental investment projects,activities and equipment

2009 budget allocation(million MNT)

Investment 200

Water research and exploration 200

Equipment 2,377

Equipment for environmental offices 200

Radar and equipment for cloud-seeding 2,177

Total 2,577


Mongolia joins the InternationalPlant Protection Convention

The International Plant Protection Convention is

an international treaty to prevent the spread and

introduction of pests of plants and plant products,

and to promote appropriate measures for their

Additional MNT 4.1 billionallocated for nature andenvironment from the state budgetfor 2008

Under the Law on State Budget of Mongolia for

2008, MNET allocated MNT 22 billion to MNET.

Amendments approved by the Parliament on

October 17, 2008, allocated an additional MNT

3.998 billion to MNET and the total budget

increased to MNT 26 billion. Also, Parliament

approved an additional allocation of MNT 130

million to build a protective fence and information

center at Khamariin Khiid, International Tourist

Camp.

million was allocated for implementing projects

and activities to reduce smog and air pollution.

We hope that this will reduce air pollution in the

city.

MNT 3 Billion was allocated for the budget of the

capital city governor from the Development Fund

budget for 2008 for the purpose of reducing air

pollution in Ulaanbaatar.An additional MNT 60

Budget of the Minister of MNETImplementation

Implementation

period

period

Budgetedcost

(million MNT)

Financingfrom 2008

(million MNT)

Investment 594 385.5

Construction of environmental offices and SPAadministration

2008 194 80

Water research, exploration 2008 400 305.5

Budget of the capital city governorImplementation

periodBudgeted

cost(million MNT)

Financingfrom 2008

(million MNT)

Investment 120 60

Implement projects to reduce air pollution 2007-2008 120 60

MNE budgetBudgeted

cost(million MNT)

Financingfrom 2008

(million MNT)

Investment: 130 130

Building information center at Khamariin Khiid,International Tourist Camp (Dornogobi)

2008 70 70

Building protective fence around Khamariin Khiid,International Tourist Camp (Dornogobi)

2008 60 60

We mentioned previously that the state budget of

2008 included MNT 400 million for water

research and exploration work, but the amount

was later reduced to MNT 94.5 million. The

Development Fund of Mongolia will finance the

difference of MNT 305.5 million needed to

complete the work.

control. The government submitted the Law on

Ratification of the International Plant Protection

Convention, and Parliament approved it on

October 9, 2008. As a result of joining this

convention, Mongolia will now be able to work

together with the international community to

prevent and control the spread of plant pests.

and nervous systems to malfunction. In

Ulaanbaatar, 64.6% of the total vehicles use

petrol, 33.1% use diesel fuel, and only 2.3% use

liquefied gas, which is more environmentally

friendly.

The number of days with concentrations of

nitrogen dioxide (NO ) and sulfuric dioxide (SO )

that exceed Mongolia's air quality standards for

these pollutants continues to increase each year.

The city's main roads and traffic intersections

regularly measure the highest levels of pollution.

Numerous studies show significant correlations

between increased air pollution and acute

respiratory infections, cardiovascular diseases,

arterial hypertension, asthma, bronchitis,

allergies, and pneumonia.

2 2

From 2012, vehicles using fueland diesel fuel will be prohibitedfor public transportation use inthe capital

In recent years, the number of cars has been

steadily increasing and vehicle emissions now

contribute substantially to the already high

levels air pollution in Ulaanbaatar. More than

130,000 vehicles, which discharge over 200

types of toxic pollutants such as carbon dioxide,

nitric acid, carbon, and sulfuric gas cause 6.3%

of the city's air pollution. These pollutants can

cause acute and chronic respiratory illness,

damage to internal organs such as the liver,

kidneys, and lungs, and cause cardiovascular

SPRING 2009 PARLIAMENT SESSION:

THE MOST ENVIRONMENTALLY

FRIENDLY SESSION

The regular 2009 spring session of Parliament began on April 6, 2009 and continued for 75 days until July 21,

2009. During this period, Parliament approved 71 laws and 34 resolutions.

Of the 105 laws and resolutions approved during this session, we analyzed the following laws and regulations

related to nature and the environment:

Law on Banning Use of Some Plastic Bags

Law on Prohibiting Exploration and Mining of Minerals around Water Basins and Forests

Procedures on Implementing the Law on Prohibiting Exploration and Mining of Minerals around

Water Basins and Forests

We also analyzed proposed amendments to the following laws:

Draft Law onAmendments to the Law on Transport

Draft Law onAmendments to the Construction Law

Draft Law onAmendments to the law on Civil ClaimsAgainst GovernmentAgencies and Officials

Draft Law on Amendments to the Law on Formulating and Submitting Draft Legislation and

Parliament Resolutions.

In each Parliamentary session held between 2006 and 2008, only three or four laws and resolutions out of

more than 100 approved laws and resolutions advanced environmental causes:

Fall 2006 - 3 out of 102 laws and resolutions

Spring 2007 - 3 out of 105 laws and resolutions



In a trend the Coalition hopes will continue, Parliament approved seven pro-environment laws and

resolutions. This improvement of more than 100% leads MNPCMC to deem the spring 2009 session of

Parliament the most environmentally friendly since fall 2006.

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To address this pressing environmental and

health issue, Members of Parliament G. Batkhuu,

Ts. Tsengel and R. Bud initiated the Draft Law on

Amendments to the Law on Transportation and

submitted it to Parliament. Parliament passed the

Law on May 7, 2009. According to Article 9 of the

law, starting from January 1, 2012, public

transportation in Ulaanbaatar wil l use

environmentally friendly fuels and electric

vehicles. The resulting reduction of toxic

emissions will reduce vehicular contributions to

air pollution. The successful adoption of these

amendments significantly improves citizens'

opportunities to live in a healthy and safe

environment, protected from environmental

pollution as stated in Mongolia's Constitution.

From 2010, cloth and paper bags

replace plastic bags

Mongolia uses approximately 500 kilograms of

plastic bags each month at stores and shopping

centers. Often thrown away, the plastic bags

inevitably end up as waste. Made from non-

renewable and non-biodegradable petro-

chemicals, plastic bags can include several toxins

such as .

Decomposition of plastic bags can take anywhere

from 100 to 400 years, they are unsightly when

lead, cadmium, and mercury

disposed of improperly, and endanger many

forms of wildlife and livestock. When buried or left

on the land, they can block the natural flow of

oxygen and water through soil. When burned,

plastic bags contribute to air pollution and release

toxic compounds dangerous to all living

organisms. During periods of heavy rain or

flooding, plastic bags clog gutters and storm

drains, causing water and sewage to overflow and

creating a breeding ground for bacteria, pest

insects, and germs that can cause infectious

diseases such as cholera, intestinal typhoid,

dysentery, and brucellosis.

Over 90% of the plastic bags used in Mongolia are

imported from China. Usually very thin, and often

produced illegally from recycled waste via

technology prohibited in China, the imported

plastic bags rarely meet the requirements of food

packaging standards. Testing for chemical and

heavy metal content by the Laboratory of

Toxicology showed that 30.5% of ten types of

plastic bags currently used in Ulaanbaatar's

stores and supermarkets failed to meet

requirements. Scientists and researchers warn

that food packaged in these plastic bags can

absorb the toxins used in their production. These

toxins can cause inflammation of the lungs,

stomach, esophagus, and pancreas, and

eventually can even cause cancer.

In an effort to protect human health and safety and

preserve Mongolia's natural environment,

Parliament approved the Law on Banning the Use

of Some Plastic Bags on June 11, 2009. The law

takes effect on January 1, 2010.

According to this law, plastic bags thinner than

0.025 mm cannot be imported into Mongolia for

packaging purposes at stores and shopping

centers.

million hectares. In 1990, forests covered 11% of

the country but today this figure is only 8.56%.

The explosion in the construction sector causes

increasingly significant impacts on forest

resources. Specifically, construction companies

cut large numbers of young trees for use as

scaffolding, supports and beams. This

unsustainable harvesting of young trees carries

deep consequences for the future of our forests.

Members of Parliament G. Batkhuu, L.Gansukh,

and N. Batbayar initiated the Draft Law on Making

Amendments to the Construction Law approved

by Parliament on April 23, 2009. It prohibits the

cutting of young trees for construction purposes.

Members of the Coalition support the passage of

this law prohibiting the harvest of young trees for

construction use, as it will aid forest restoration

and facilitate the continued growth of healthy

forests. This in turn contributes to nature

conservation and preserving Mongolia's

ecological balance.

We appreciate this important step toward

promoting safe and healthy living conditions for

citizens, safeguarding people's health,

protecting the environment, reducing the use of

plastic bags, and encouraging wide usage of

cloth and paper bags. Equally we urge you, the

reader, to take responsibility for reducing your

own use of these unnecessary, unhealthy, litter-

causing plastic bags. Please use cloth and

paper bags and only take the number of bags

you really need. Reuse the bags as often as

possible. We all need to do our part!

Parliament acts to protectyoung trees

Several human activities and

natural events such as climate

change, excessive dryness,

drought, forest fires, outbreaks

of forest insects and diseases,

and inappropriate government

p o l i c i e s , p o o r l a w

enforcement, illegal logging

and forest cutting cause

severe negative impacts on

our country's forests. Over the

past 100 years Mongolia's total

forest area decreased by 4


Government seeks civil society

input on public policy decisions

Arobust and healthy democracy should develop

and pass laws based on a balance between the

needs, desires and interests of the country's

people, always aiming to improve the quality of

its citizens' lives. Regular, open, and informed

participation of citizens advances these goals.

Working toward this, Mongolia's citizens and

civil society organizations have become more

active in recent years, advocating for

incorporating public opinion and input into

government policies and decisions.

Approximately for ty movements and

associations have been established since the

Parliamentary Elections in 2004. These groups

demand government take appropriate

measures and actions immediately to solve

pressing social issues such as unemployment,

poverty, corruption, crime and environmental

degradation. In 1992, 1,213 citizens sent letters

to MPs calling for these actions. In 2001 the

letters increased to 3,240, and in 2005 to 6,112.

This clearly demonstrates Mongolians' more

active interest in voicing their opinions and being

heard by their elected representatives.

Despite this significant upsurge in citizen

participation, policy-makers still fail to heed the

call of the public for inclusion in the policy

decision-making process. For example,

average Mongolian citizens cannot access most

government documents related to legislation.

Most democracies the world over, especially

with internet technology, provides free, open and

easy access to legislative documents. This

severely negatively impacts the public's ability to

participate in the democratic legislative process.

The former President of Mongolia, N.

Enkhbayar, initiated the Draft Law on

Amendments to the Law on Formulating and

Submitting Draft Legislation and Parliament

Resolutions, and Parliament approved the law

on June 25, 2009.

This law stipulates that initiators of all draft laws

must allow for citizen and NGO participation in

the development and submission of a draft law,

and must also include and incorporate their

comments into Parliament decisions. The law

also creates the legal environment for informing

the public and providing responses to and

explanations about citizen suggestions and

comments on draft laws through press, media

and the Internet.

Enabling people to exercise their rights to

participate in the law-making process will

strengthen and improve relations between

government and citizens. Furthermore, a

participatory approach to public policy formation

improves opportunities for success in

implementation of laws passed by legislators.

We feel this is an important step for the future

development of environmental legislation.

A more responsive government

According to the Law on Solving Civil Claims

against Government Agencies and Officials

approved in 1995, a citizen's complaint must be

addressed within 30 days of filing. Government

agencies trying to avoid addressing complaints

often violate this legal timeframe, transferring

them to lower level officials, and not solving the

issue within the legal timeframe.

According to surveys, 22% of civil complaints on

government agencies and officials are not solved

within the legal timeframe, as 21% of people

spend seven months to one year before their

claim is solved, 17% spend four to six months, and

12% spend more than two years. Also, 35% of

citizens bringing complaints face severe

bureaucracy, and 52% do never see a satisfactory

resolution to their complaint.

Former President N. Enkhbayar also initiated a

draft law on Making Amendments to the Law on

Solving Civil Claims against Government

Agencies and Officials, submitting it to

Parliament, which approved the law on June 25,

2009.

Approval of this law provides people the

opportunity to submit claims and complaints

electronically. Implementation of the law will result

in faster and more efficient service from

government agencies ministries and local

governments. Digitizing the process will enable a

more accurate and transparent record of

communications with government agencies,

thereby making it more difficult for issues and

citizens to be shuffled around without satisfactory

resolution.

Additionally, the law increased the fine levied for

violating this law to MNT 20,000-50,000. A claim

unresolved within the legal time limit without any

legitimate reasons can result in a salary dock for

the relevant civil servant. Other possible

repercussions for government employees

include dismissal or ban from future government

employment.

The Coalition applauds this step toward

increased responsibility of state organizations

and officials. We hope it will result in improved

services with reduced violations, and an overall

decrease in the current cumbersome

bureaucracy, especially regarding environment

related inquiries and complaints.

Mongolia's ecosystem includes fragile water and

forest resources. The water resources in the

country total 608.3 million cubic meters and

forested areas cover only 8.6% of the total

territory. Poorly regulated issuance of mining and

exploration licenses and irresponsible mining

threatens our country's vulnerable ecological

balance and people's right to live in a safe and

healthy environ-ment.

Approximately 80% (16,286.9 hectares) of land

destroyed by mining and exploration activities

remains unreclaimed. Mercury and cyanide,

used to retrieve just a few ounces of gold,

pollutes the air, water, and soil causing severe

damage to nature, the environment, and human

health.

Parliament bans mining around

watersheds and forested areas


Approximately 331 mining companies deplete

the water resources of rivers, springs, streams

and surface water across Mongolia. Mongolia's

biggest water consumer, the mining industry,

uses 93.8 million cubic meters of water per year,

or 21.6% of total consumption.

Members of Parliament B. Bat-Erdene, G.

Bayarsaikhan, R. Bud, Ts. Davaasuren, Ts.

Munkh-Orgil, D. Odkhuu, Sh. Saikhansambuu,

Ts. Sedvanchig, and D. Enkhbat initiated the

Draft Law on Banning Exploration and Mining of

Minerals Around Water Basins and Forested

Areas, approved by Parliament on July 9, 2009.

According to this law, all mining licenses issued

near watersheds and forested area will be

cancelled and cannot be re-issued. Also,

license holders in those areas must conduct

reclamation within two years under the strict

monitoring of the local government and local

residents. Importantly, environmental NGOs

now have an opportunity to monitor the process

of the reclamation work.

We would like to congratulate the initiators for

their leadership on this law and the Members of

Parliament who voted for it, demonstrating their

commitment to Mongolia's environment and to

preserving the pristine nature and ecological

balance of our country.

Parliament approved the Draft Law on Adhering

to the Law on Prohibiting Exploration and Mining

of Minerals in Water Basins and Forests on July

16, 2009. According to this law, mining licenses

issued around watersheds and forests will be

cancelled within five months of the approval of the

Draft Law on Adhering to the Law on Prohibiting

Exploration and Mining of Minerals in Water

Basins and Forests.

Upon implementation of the new law, all mining

licenses issued around water basins and forested

areas will be cancelled within 2009 and the legally

required reclamation work will start. As NGOs

have a legal right to conduct public monitoring on

reclamation work, the Mongolian Nature

Protection Civil Movement Coalition members

will monitor the implementation of the new law in

their local areas.

Mining licenses issued around

watersheds and forested area will

be cancelled in five months

accessible information, available to the public in thisedition of the GreenStar.

We believe that Parliament is violating the followingclauses in the Constitution through the action ofignoring requests from ordinary citizens:1. The fundamental principles of the activities of the

State shall secure democracy, justice, freedom,equality, national unity and rule of law. (Clause1.2)

2. In Mongolia State power shall be vested in thepeople of Mongolia. The Mongolian people shallexercise it through their direct participation in Stateaffairs as well as through the representative bodiesof the State authority elected by them. (Clause 3.1)

3. The right to take part in the conduct of State affairsdirectly or through representative bodies (Clause16.9), the right to submit a petition or a complaint toState bodies and officials (Clause 16.12), freedomof thought, opinion and expression, speech, press(Clause 16.16), and the right to seek and receiveinformation except that which the State and itsbodies are legally bound to protect as secret.(Clause 16.17)

The Mongolian Nature Protection Civil MovementCoalition will monitor how elected officials are usingthe power entrusted to them by the voting public. TheCoalition will work on behalf of Mongolia's citizens andtake measures to influence government policy anddecision making in order to fulfill citizens' legitimateright to information.

We would like to express our gratitude to Member ofParliament, D. Enkhbat, for taking the time to meet withus and exchange ideas, and being respectful to citizenand voter opinions and requests. We would also like toexpress our appreciation to Members of Parliament Ts.Nyamdorj, E. Bat-Uul, and Ts. Sedvanchig forrequesting the Parliament Secretariat to providethe information, and to Members of ParliamentCh. Ulaan, G. Zandanshatar, and Z. Enkhbold forproviding us with their voting records onenvironmental legislation.

Please contact the General Secretary of theParliament Secretariat, Ts. Sharavdorj, at (51)-264669 or 99113702 and express your opinionsabout his refusal to make MP environmentalvoting records open to the public, and violatingthe Constitutional rights of citizens.

Citizens and voters!

Parliament violates theConstitution, hides Members ofParliament's environmental votes

Dear Citizens and Voters,

We apologize for not being able to provide you withthe Members of Parliament's votes on environmentallegislation for this edition of the GreenStar.

Over the course of four months, starting from July 3,2009, we delivered four official letters to the GeneralSecretary of the Parliament Secretariat, Ts.Sharavdorj, requesting the environmental votes ofMPs. The letters from MNPCMC were dated July 3,2009 (letter #1/6), July 31, 2009 (letters #1/14 and#1/15), and September 24, 2009 (letter #1/23). Wealso submitted a letter to the Head of the StandingCommittee on Environment, Food, and Agriculture,Batj. Batbayar, on July 31, 2009 (letter #1/15),requesting the environmental votes of MPs.Unfortunately, the information requested was notprovided by either.

On October 6, 2009 (letter #1/26), and October 16,2009 (letter #1/27), we resorted to sending letters toall Members of Parliament, directly requesting eachMP's assistance and their environmental votingrecord. Out of all 76 MPs, elected representives ofMongolia's citizens who gave the Parliamentary oathto work for the interests of our country, only threeMembers of Parliament responded to us.

In a last attempt for public access to information, weare now reaching out via this edition of the GreenStarto Preseident Ts. Elbegdorj, who outlined in his actionplan that he would, “be on the side of citizens whensolving problems; express the common interests ofthe public, be a voice of fairness and justice, makeofficials implement laws, and resolve conflicts andproblems efficiently.” He also promised that he would,“live close to the people, increase integrity, andimplement environmentally friendly policies.”

Despite making our requests in a timely mannerthrough the appropriate government channels,following all proper procedures to obtain the neededinformation, and waiting patiently for four months, wehave not received the requested information from thegovernment officials who are supposed to providequick and efficient services to citizens. We are,therefore unable to provide what should be publically

ENVIRONMENTAL LEGISLATIVESCORECARD OF MEMBERSOF PARLIAMENT


Z. Altai

P. Altangerel

N. Altankhuyag

R. Amarjargal

D. Arvin

Kh.Badamsuren

Kh.Badelkhan

D. Baldan-Ochir

B. Bat-Erdene

E. Bat-Uul

B. Batbayar

D.K. Batbayar

N. Batbayar

Ts. Batbayar

Sun.Batbold

Sukh.Batbold

J. Batsuuri

Ya. Batsuuri

Kh. Battulga

G. Batkhuu

S. Bayar

Ts. Bayarsaikhan

G. Bayarsaikhan

S. Bayartsogt

L. Bold

R. Bud

S. Byambatsogt

N. Ganbyamba

L. Gansukh

L. Gantumur

D. Gankhuyag

R. Gonchigdorj

L. Gundalai

Ts. Davaasuren

D. Damba-Ochir

Ts. Dashdorj

D. Dondog

Law on theBudget ofMongolia for2009

Laws and regulations approved at the Fall 2008 session

Amendments to theLaw on the Budget ofMongolia for 2008

Amendments to the Law onthe Development FundBudget of Mongolia for 2008

Ratification of Joining theInternational Conventionon Plant Protection


Main Directions of theSocio-economicDevelopment ofMongolia in 2009


Law on BanningUse of SomePlastic Bags

Laws and regulations approved at the Spring 2009 session

Law on Prohibiting Explorationand Mining of Minerals aroundWater Basins and Forests

Procedures on Implementing theLaw on Prohibiting Exploration andMining of Minerals around WaterBasins and Forests

Draft Law onAmendments tothe Law onTransport

Draft Law onAmendments tothe ConstructionLaw

Draft Law on Amendments tothe law on Civil Claims AgainstGovernment Agencies andOfficials

Draft Law on Amendments tothe Law on Formulating andSubmitting Draft Legislation andParliament Resolutions.

Score/persentage/

Laws and regulations approved at the Fall 2008 session

Amendments to the Law onthe Development FundBudget of Mongolia for 2008

Ratification of Joining theInternational Conventionon Plant Protection


Main Directions of theSocio-economicDevelopment ofMongolia in 2009

D. Demberel

Kh. Jekei

D. Zagdjav

G. Zandanshatar

D. Zorigt

S. Lambaa

D. Lundeejantsan

Ts. Munkh-Orgil

E. Munkh-Ochir

Kh. Narankhuu

Ts. Nyamdorj

D. Odkhuu

D. Odbayar

D. Ochirbat

S. Oyun

D. Oyunkhorol

R. Rash

Ch. Saikhanbileg

Sh.Saikhansambuu

Ts. Sedvanchig

J. Sukhbaatar

A. Tleikhan

D. Terbishdagva

Kh. Temuujin

Ch. Ulaan

D.Khayankhyarvaa

Ch. Khurelbaatar

Ts. Tsengel

B. Choijilsuren

O. Chuluunbat

Ts. Shinebayar

D. Enkhbat

J. Enkhbayar

Z. Enkhbold

M. Enkhbold

N. Enkhbold

U. Enkhtuvshin

Ts.Elbegdorj

Law on theBudget ofMongolia for2009

Amendments to theLaw on the Budget ofMongolia for 2008

36


Law on BanningUse of SomePlastic Bags

Laws and regulations approved at the Spring 2009 session

Law on Prohibiting Explorationand Mining of Minerals aroundWater Basins and Forests

Procedures on Implementing theLaw on Prohibiting Exploration andMining of Minerals around WaterBasins and Forests

Draft Law onAmendments tothe Law onTransport

Draft Law onAmendments tothe ConstructionLaw

Draft Law on Amendments tothe law on Civil Claims AgainstGovernment Agencies andOfficials

Draft Law on Amendments tothe Law on Formulating andSubmitting Draft Legislation andParliament Resolutions.

Score/persentage/

9“The true test of civilization is, not the

census, nor the size of the cities, nor

the crops, but the kind of man that the

country turns out.” - Ralph Waldo

Emerson

There is a saying in Mongolian, “

.” The inspiration for this saying comes

Gold has black

traces

TIPS FOR CITIZEN ENGAGEMENTIN THE EXTRACTIVE INDUSTRY:7 DOS AND 7 DON'TS

from the deadly sin and curse in an empty chest

left without gold, and the bad luck associated

with gold. Unfortunately, atoning for the “black

traces of gold” falls to local people, rather than

those who mine the gold. Local residents living

around mine sites should benefit from the

extractive industry. In reality, all too often, they

end up the victims of mining operations.

7 Pitfalls 7 Possibilities

No #1: Avoid Resource Curse7

Yes #1: Use mineral resource extraction as amechanism to improve quality of life anddevelopment for all Mongolians

No #2: Avoid Dutch Disease8

Yes #2: Sustainable development that solveseconomic, social and environmental issuesconcurrently

9

No #3: Eradicate corruption10

Yes #3: Develop responsible mining11

No #4: Prevent loss of mineral wealthwithout enriching Mongolia’s people.

Yes #4: Strengthen democracy

No #5: Zero tolerance of inequality Yes #5: Equal and fair distribution of benefitsfrom the extractive industries

No #6: Demand an open, transparent,ethical government

Yes #6: Develop an open, transparent, andresponsible government

No #7: Proper implementation of the lawsof Mongolia

Yes #7: Strong enforcement of the laws ofMongolia

7

8

9

10

11

Many resource-rich countries are less developed and less stable than their resource-poor counterparts. Researchers define this as theresource curse, or the paradox of plenty. This occurs due to mismanagement of resources; irresponsible and uncontrolled extractiveactivities conducted with only taking into account the interests of powerful people.

During the 1970s, oil was discovered in the North Sea near Holland, and afterwards, production in the country declined significantly. Sincethen, domestic production in resource rich countries, which was normal before extraction began, started to decline. This is called Dutchdisease. The theory is that an increase in revenues from natural resources will destabilize a nation's economy by raising the exchange rate,which makes the manufacturing sector less competitive and causes public services to become entangled with business interests. Naturalresource discovery can also lead to developments that result in a large inflow of foreign currency, including a sharp surge in naturalresource prices, foreign assistance, and foreign direct investment.As a result, the natural resource sector starts to play the dominant role inthe country's economy and results in a decline in traditional export sectors.

Sustainable development is a pattern of resource use that aims to meet human needs while preserving the environment so that these needscan be met not only in the present, but also for future generations.

Income from the extractive industry tends to increase corruption, and creates more corruption than in the agricultural sector.

Responsible Mining is a comprehensive and transparent minerals activity, respecting the rights of all stakeholders, especially of localpeople, environmentally friendly and free of human health impacts, embracing the best international practices and upholding rule of lawwhilst generating a sustainable stream of benefits for Mongolia.

Product ive engagement begins wi th

understanding and knowledge. Ensure your

own productive engagement in the extractive

industry by taking the time and making the effort

to thoroughly understand the extractive industry

and how the industry impacts critical issues in

your community. Share your knowledge with

other members of the community so everyone

can engage equitably and from an informed

place. Some facts to get you started:

Mineral resources differ from other

resources. They cannot be replaced or

manufactured, only extracted. So,

inherently, mining is not a form of

sustainable development. As such,

mineral rich countries need to spend the

revenues from mining wisely to develop

human capital and other sectors for long-

term economic health.

Traditionally, mining has never required

the level of human labor commensurate

with the capital invested in a mine

operat ion. With cut t ing edge

technologies, the need for manual labor

is even less than in times past.

Mongolians need to learn the technical

and vocations skills necessary to fill

every possible position at a Mongolian

mine site.

Extremely rich multi-national mining

corporations with great knowledge,

information, experience and power sit

face-to-face with the Government of

Mongolia and negotiate investment

agreements. Mongolians need to better

understand the aspects of these

agreements to safeguard that they are

negotiated fairly and benefit all

Mongolians equitably now and for

generations to come.

1.

2.

3.

39

4.

5.

6.

7.

Global commodity prices make income

from natural resources unstable. It is

important to remember that commodity

prices change over time, so that taxes

and revenues from mining companies

vary and fluctuate. This can have

significant impacts on the government's

budget.

Mongolia is exchanging its mineral

wealth for revenues. The mineral

wealth cannot be replaced, so we must

demand that the government invest the

revenues wisely so that current and

future generations of Mongolians

benefit from the country's resource

wealth.

Be wary of politicians who make

election promises to distribute natural

resources and revenue shares as

“Treasure Share”, or “Motherland Gift”.

Don't allow Mongolia's wealth to be a

political tool.

Mongolia must use the wealth from her

mineral resources wisely or we will end

up a statistic like other countries;

accord ing to surveys , human

development indicators such as infant

mortality, average life expectancy and

children's education worsen if the

country is dependent on natural

resource exports.

IN THE PAST, RESOURCE

RICH COUNTRIES WERE RICH,

BUT NOW COUNTRIES WITH

AN ACTIVE CITIZENRY

ARE RICH


An informed and engaged citizenry is vital to

make the activities of the extractive industry

open, transparent, efficient, and responsible. It is

equally important for you to know you have both

the right and the responsibility to engage in

decisions and oversight related to the extractive

10

4 STEPS TO ENGAGE IN THE EXTRACTIVE INDUSTRY:

Step 1: LearnStep 2: MonitorStep 3: Influence

Step 4: Hold Accountable

about the extractive industrythe activities of the extractive industry

the extractive industry to make it open and

transparentthose who mine irresponsibly those

who allow irresponsible mining

and

4 STEPS FOR CITIZEN

ENGAGEMENT IN THE

EXTRACTIVE INDUSTRY

Ask not what your country can do for you;ask what you can do for your country.

-John F. Kennedy

industries. Work with your community to identify

the urgent issues based on factual information,

experience and increased understanding of the

mining industry, then develop a strategy and a

course of action to address the issues. Work

together! United we stand, divided we fall.

After reading the Mongolian Nature and Environment Legislative Scorecard, you,the voter, can contact your Member of Parliament at the following phone numbersand e-mail addresses, and offer your ideas. The Members of Parliament shouldknow that we will continue to monitor how they are working to protect theenvironment by producing this scorecard and report every year.

Address:# , Bars Impex bldg207 ,Chingeltei district Yalalt Square,P.O.B-583, Ulaanbaatar-38Tel 976-E-mail

,

: 99199710: [email protected]

11.27.2009, REPORT, Mongolian Nature and Environment Legislative Scorecard, The Asia Foundation

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Transcript of 11.27.2009, REPORT, Mongolian Nature and Environment Legislative Scorecard, The Asia Foundation