Last week, seven key leaders of the Movement of the Joint Mongolian Rivers and Lakes (ODMR) and the Movement Gal Undesten ("Fire Nation") were arrested by police and detained. At the same time, mining companies, whose illegal activities in water protection zones of rivers was halted in June ekoaktivistami, resumed their destructive activities immediately after the arrest of the leaders of the environmental movement. They also notified the Unified Movement of Mongolian rivers and lakes that are no longer going to follow the previously signed commitments.

The Government of Mongolia has announced that allocated money to hire consultants who need to "clarify and definitively adopt the" scheme of water control zones and calculate the cost of revocation of licenses and environmental rehabilitation of mining sites. Mining lobby in Parliament pushing amendments to the Law on protection of rivers and lakes from the effects of mining adopted in 2009. If these amendments are adopted, the law becomes toothless and will allow large companies to produce work of mining in rivers.

The situation is a serious concern as the fate of the arrested environmental activists, and the fate of the "Law for the Protection of rivers and lakes from the effects of mining," which they support.

It is clear that Munhbayyar and three of his friends, though demonstrably violated the law, did not cause any significant harm to society and "threatened" only illegal mining operations.

July 21 Tsetsege Munhbayyar, N. Samba-Yondon, D. and M. Tumurbatar Batarhuyag were arrested and are now in custody Gants Hudag. Prior to June 29 detainees have not been given access to lawyers and are not allowed to meet with family members.

The decision to detain is only about Munhbayyara Ts, which was released on bail during the investigation of the shooting equipment Puura and Centerra Gold in September 2010. In the District Court Judge S. Songinohairhan Oyunhand issued an order number 210, dated June 22, 2011, to suspend the release on bail, arrest and detain Munhbayyara until July 22, 2011. The warrant is based on solving the Mayor and Police Prosecutor Batara T. S. Enhbata capital to justify the detention of a suspect alleged ability to escape from under the investigation.

Decisions about the arrest and detention of N. Samba-Yondon, D. and M. Tumurbaatar Baatarhuyag available.
G. Boldbatar, C. and G. Enhbayyar Dashdemberel were arrested by order of the district court judge Sukhbaatar Sukhbaatar N. as a punishment of the Administrative Court for an appeal to the members of the Movement "Fire Nation" to participate in and organize a demonstration at Sukhbaatar Square, Ulaanbaatar 19 April and from April 25 to June 3, 2011 without permission from the relevant authorities. The decision about punishment the judge referred to the police reports and records dating back 19 and April 20 and May 3. However, they arrest took place June 23 - probably in conjunction with the arrests Munhbayyara and his team.

These detainees also do not attorneys, and messages from family and / or friends.

In the search for protection of the rights of detained family members appealed to the National Human Rights Commission and the organization "Amnesty International Mongolia» (Amnesty International / Mongolia).

In the period from 10 to 19 June, a group of members of the Movement and the ODMR "Fire Nation" led by Tsetsege Munhbayyarom visited such enterprises as LLC "Puura" LLC "Buurgent" LLC "Peninsula Mining" company "Altai Valley", LLC "Alpha-Orgil" LLC "Zunma" LLC "Dadizin," and handed him a written request to follow the law. All companies have suspended operations at the request of the Movement "Fire Nation", but is reported to have once again resumed it after the arrest of activist groups. "Centerra Gold / Mongolia 'has promised to send his answer in writing, but until 29 July no reply had been received.

Background

The combined movement of the Mongolian rivers and lakes (ODMR) - an alliance of local civic movements that protect the individual rivers and lakes of Mongolia: The movement of the river Ongi, Motion Toson Zaamar Association Salkhino Sandag, Angira Nuden Munduuhey, river Huder Movement, the Movement, "The Call of the mountains and rivers" and "Environmental Protection - Local Development." Every movement has its own experience to protect their rivers from mining and other threats, and achieve the leader of the Movement of the river Ongi Munhbayyara were noted in the 2007 Goldman Prize (the "Green Nobel Prize"). ODMR joined civic participation, and knowledge and understanding of environmental policy and legislation in order to identify violations and to urge the Government to account. ODMR has achieved recognition as the summer of 2009 with it successfully passed the "Law on the prohibition of mining in the headwaters of rivers, ponds and buffer zones in forest areas"

To achieve the promotion of the law, representatives of the ODMR first asked for the support of local residents. They collected signatures and sent a petition to Parliament. Local residents are encouraged to send emails and text messages to members of Parliament.

In June 2009, after months of hard work over the law, to vote on it was threatened with transfer to the next session, ie in September. As this posed a threat to the enactment, in principle, the representatives decided to hold ODMR demonstration on Sukhbaatar Square, Ulaanbaatar, Mongolia's main square, the capital of Ulan Bator. Six of them, including 65-year-old shepherd, went on hunger strike. Thanks to their perseverance and the support of the population, the law was finally adopted July 16, 2009, just before the end of the summer parliamentary session.

The law stipulates that exploration and mining are prohibited in the upper reaches of rivers, ponds and buffer zones in forest areas. Before the law could be applied throughout the country were to be defined the boundaries of protected areas. In 2010, the ODMR work together with the Water Agency and local representatives to establish the boundaries of the regions. The law covers an area of ​​approximately 30% of the territory of Mongolia. Thus the introduction of it in action - an important step towards ensuring the ecological balance in the country, healthy and safe environment for its residents, as well as the preservation of its territorial integrity and biological diversity. The boundaries of protected zones approved by the decisions of local governments, but is still awaiting final confirmation of the National Government.

However, mining companies have promised to stop the introduction of the new law. In June 2010, several members of the ODMR and environmental scientists visited the site development company "Gold Boro." During his visit, Mr John Kazakov, director of "Boro Gold", said: "The Association of Mining and mining companies are trying to hold a new law that will work against the law to ban exploration in the headwaters of rivers, ponds and buffer zones in forest areas in 2009. We have a lobbying group in Parliament and hope that this law will be very soon. "

In early September 2010 the law has not yet been enacted. Hoping that the Government take some action, Munhbayyar and three other activists ODMR, armed with hunting rifles, shot at the gold mine equipment, owned by two foreign companies - "Centerra Gold" and "Puura" in the mountains of the Selenga aimag. As a result of this incident was a criminal case, and after an investigation Munhbayyar and his companions brought to justice. Munhbayyar with his friends filed a counterclaim against the Government of Mongolia, October 22, 2010, on behalf of the Unified Movement of Mongolian rivers and lakes requiring compensation for environmental damage caused by the eight river basins as a result of inaction of the Government and nesledovaniya standards established by the Constitution and other relevant laws. March 15, 2011 the district court Sukhbaatar after numerous delays due to absenteeism defendant, a hearing was finally held in the case of "Movement of the Joint Mongolian rivers and lakes against the Government of Mongolia." After an eight-hour session, all charges were dismissed by the court. Yes, nature is destroyed, but the Mongolian government for it is not the answer.

But to some extent, a shot was heard: November 17, 2010 the Mongolian Cabinet finally announced the gradual introduction of the law "ban on exploration and mining are prohibited in the upper reaches of rivers, ponds and buffer zones in forest areas." Review was announced first 254-s licenses for alluvial gold. However, nothing was done to calculate the compensation to mining companies, whose licenses were to be withdrawn. Were not well designed environmental damage and the cost of rehabilitation of land after development. Several small companies have been notified that they must stop work, but it was all done with the government in 2009. Large companies have remained intact. The reason for this delay is simple - lobbyists for the mining industry was threatened with the Mongolian Government to require the loss of up to $ 4 billion if the licenses of major foreign companies will be withdrawn.

Thus, April 19, 2011 dozens of tents of the nomads, and hundreds of riders and shepherds came to Sukhbaatar square in Ulan Bator, the Mongolian Center officials. They came from nearby regions Arkhangai, Uvurhangay, Hunt and Dundgobi to demand protection of their lands from mining plunder. They put eight tents opposite the Houses of Parliament, vowing that will remain there for as long as Parliament is not dissolved, the government's resignation and new elections held on a non-party basis. The protesters demanded that the Government once again to apply the law on the basis of nediskriminativnoy and stop all mining operations in areas protected by law in 2009 (or, as it was called, "the law with a long name"). This demonstration was organized by the new Union Gal Undesten ("Fire Nation") and the Joint Movement Mongolian rivers and lakes.

On May 23 President C. Elbegdorzh said that to accept the demands put forward by the alliance of the two movements can not be civil. However, he insisted that the parliament extended the ban on issuing new mining licenses until the end of 2011. No other officials have not responded to the demands of civil movements.

The law prohibiting exploration and mining in the headwaters of rivers, ponds and buffer zones in forest areas are now also under threat as mining lobby managed to convince a group of Members of Parliament (Kokiushuzan Batbayyar D., O. Chuluunbat, A. Tleyhan. F, Batsuuri, I Batsuuri, H. Badelhan) to initiate an amendment to this law. These amendments to the cast at the beginning of 2011, offered to insert the word "limit and" before the word "prohibit" in the title and text of the law. Paragraph 4.1, providing that "the exploration and mining in the headwaters of rivers, ponds and buffer zones in forest areas should be prohibited" edit up to "limits of such sites should be identified by the Government." Article 4.5 "license for exploration and production should not be granted" in the new version will look like a "new exploration licenses should be issued" in the areas protected by this law. The initiators of this amendment to justify it by the fact that the law was not put into action during the eighteen months from the date of its adoption. The adoption of these amendments seriously compromise the main purpose of the law. Widely heard also that the "Centerra Gold" and other "reputable international companies" follow their own standards, which are much higher than prescribed by Mongolian laws and therefore, these companies should be left alone to engage in development where they want.

Discussion on the proposed amendments to the Standing Committee of the Parliament caused ODMR, who sent a group of forty riders on mining areas in the valleys of the Selenga Ongi and that there would be operated as a "law enforcement" because the government was unwilling to act. Munhbayyar with the team in writing, require each company to stop work in accordance with zakongm 2099. Over the past week managed to stop the m mining operations of 15 companies, but when they came across a "stubborn," the company, which had in all probability a person in government circles.

At the time of signing the commitment, the company also donated money (equivalent to U.S. $ 400) on the development of a civil movement. But immediately after that, she said to the police that she became a victim of extortion. The leader of the Movement Undesten Gall could not tolerate such behavior and fired water cannon in the gold mining company "Irmuun Bosgo" in the aimag Uvurhangay.

June 23 official aimag Uvurhangay riders invited to the "public hearing" and when they arrived and arrested Munhbayyara C., N. Samba-Yondona, M. Batarhuyag and that night they moved to Ulaanbaatar. "Coincidentally," the director and two ODMR Dashdemberel Undesten Gal were also arrested the same day in Ulan Bator.

Officials in the Government and members of Parliament are directly involved in the mining business and / or receive benefits from it. For this reason, they are not willing to do anything to take control of the environmental impacts of mining. In a corrupt Mongolian government has no desire to lead a law in 2009, because if they do, it will hurt their interests. Now it has chosen to silence civic leaders who effectively and methodically pushed the government to a consistent and fair application of the law.

Coalition "Rivers Without Borders"
Rivers without Boundaries Coalition
Co-coordinator
Eugene Simonov
From Ulaan-Bataar

Translation: Asya Nikolaev

Source: http://ecodelo.org/node/6995