Court rejects NGOs’ case against Government

The Sukhbaatar District Court yesterday threw away the charges brought by the United Movements of Rivers and Lakes of Mongolia against the Government. After eight hours of hearing arguments, the judges ruled that there is no law that the Government should assess the damage to nature and the environment caused by mining companies and to compensate local communities for such damage.

The head of the NGOs’ association, D.Dashdemberel, and one of its members, Ts.Munkhbayar, attended the trial as plaintiff along with representatives of the Dayar Mongol Movement and the Ongi River Movement. Six local six citizens testifed on their behalf.

Deputy Minister for Mineral Resources and Energy B.Ariunsan and representatives of the Ministry of Nature, Environment and Tourism, the Water Board and the Forestry Office attended as the accused. However, Deputy Minister for Nature, Environment and Tourism D.Jargalsaikhan was not present.

Deputy Minister Ariunsan answered journalists’ questions after the trial.

What was the case against the Government?

They claimed mining was responsible for ecological damage in Mongolia and named many rivers as having been affected, blaming the Government for failure to protect them. But they did not present any evidence of any damage done by mining activity. Their charges were not backed by any research or definite and concrete facts.

It is true that the law prohibiting mineral resources exploration and exploitation in river and forest basins was passed 2 years ago but it will take time to assess the damage such activity has caused. We are of course working on it.

Are you evaluating activities by gold mining companies?

The Government discussed the issue of 253 gold mining companies. The study continues. There are many aspects to the case, such as taxes paid, property pledges, apartment loans issued to workers, etc. All this has to be cleared before we can issue a clear notice on mining companies fixing responsibility for not rehabilitating the environment and compute their financial liabilities and also claim to compensation.


The NGOs said their calculation of the damage was based on 18 indicators.

What they said was not backed by any research. We asked for concrete facts on rivers they said had been polluted.

Our reporter also talked with N.Damdinragchaa, a resident of Zaamar soum of Tuv aimag, who is a member of Toson Zaamar Movement. He said land in the soum has been badly damaged by gold mining. Some rivers have dried up while the water in some others is muddy. Of the 40 gold mining companies active in the area in recent years, some 20 are left.

B.Nyamkhuu of Yeruu soum of Selenge aimag is a member of Khatan Yeruu River Movement. He said that exploration licenses have been granted in Yeruu soum since 1995 and there are now 259 licenses to work only in that one soum. Some 25 companies do actual and regular mining. He claims 33 of the 60 rivers and streams in the soum that flow to the Yeruu River have dried up following mining. “We are not satisfied at the court’s decision and shall consider an appeal to a higher court,” he said.

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