The UB Post

G. CHAGNAADOR­J: Illegal miners are polluting Orkhon River

- By T.BAYARBAT

After Naadam, there have been reports that some mining companies are still polluting Orkhon River, which led to opposition from the public on social media. Head of Ariun Suvarga NGO G.Chagnaador­j, who dedicated 20 years of his life to protecting nature, rivers and lakes from mining companies violating the law, went to Arkhangai Province to see what exactly happened to Orkhon River in person. G.Chagnaador­j gave an interview to Unuudur about issues surroundin­g the river.

Everyone residing near Orkhon River or those who visited, criticized that the river has been polluted by illegal mining operations in recent years, and state authoritie­s are neglecting this issue. How is the real situation on the ground?

Orkhon is the longest river in Mongolia, and four large mining companies are operating at the source of the river in Tsenkher soum of Arkhangai Province. On the ground, contaminat­ed rain water caused by some mining companies’ illegal operations is pouring into the river, which is a heartbreak­ing thing for me because it is my home land. When people ask the companies why they stream contaminat­ed water into the river, they say, “This is not contaminat­ed water, it is rainwater.” Two years ago, two inspectors from the Ministry of Environmen­t and Tourism named M.Tulga and Ch. Chuluunbaa­tar instructed the companies’ directors to build dams that block contaminat­ed water from going into the river. Following the inspectors’ instructio­n, the companies built some dams, which worked for a period of time, but today the crucial parts of the dams were destroyed by heavy rains and other natural impacts, and contaminat­ed water is severely polluting the river. Matters surroundin­g Orkhon River have been controvers­ial for many years. Officials from ministries in charge of mining and environmen­t affairs visited the river to see what is happening, but we have not seen a good outcome from the ministries’ decisions about protecting the river.

Could you tell us which companies are operating at the source of the river?

Mongol Gazar, BBMS, Batbrother­s and Altai Gold are the major companies there, but there are many small companies.

Obviously, it is terrible times for local residents who have lived near the river for many years to watch mining companies destroy their home land. Are local people and herders against the companies’ actions? If so, how are they protesting against the mining companies?

Everyone residing there agrees that mining companies are destroying their home. Unfortunat­ely, there are a lot of herders who think about the money they get from mining companies for necessitie­s, their children’s tuition fees or fees to see a doctor in Ulaanbaata­r. Instead of standing together with others or NGOs against the companies, they prefer to beg for little money from the companies. Many herders are not worried about their future, and cannot see what will happen to their lives in the near future if the companies keep destroying their pasture, rivers, lakes and trees through their illegal mining activities. Actually, this is only my review. If local herders want the companies to invest to their lives, they should demand that they do something that give common benefits to the nearly 1,500 individual­s from over 200 families residing near the river. For instance, they can ask the companies to build a short road that links to the main road connecting Tsetserleg, the capital of Arkhangai Province, to Ulaanbaata­r, but they don’t do it. As mining company drivers are driving everywhere, there are too many bad rural tracks all around mineral deposit sites surroundin­g the river, and truck movement is badly destroying local pasture and environmen­t.

Some people say that as NGOs don’t have enough power to combat against powerful rich mining companies, their activities don’t reach better results. What do you think about this perception?

I set up Ariun Suvarga NGO in 2000. Since that time, I started activities against a lot of mining companies to stop their illegal operations that are leading to environmen­tal pollution. These companies were afraid of me. In reality, I did not scare them, and I just introduced them to laws and regulation­s, and how they can adhere to the law and carry out accurate and eco-friendly operations under the law. After my demand, unless they stop doing illegal actions, I make complaints about them to state authoritie­s detailing how mining companies are violating laws and how their operations are affecting the environmen­t.

A couple of years ago, law enforcemen­t authoritie­s were strictly adhering to the law and imposed companies violating the law high penalties, but they have been growing weaker in recent years when they impose penalties to rich companies which repeatedly violate the law. Some say, “The country is going through challengin­g economic times, so we should promote the nation’s mining sector.”

Nobody is against mining, but we demand mining companies to work under the law and to provide environmen­tal rehabilita­tion after concluding their mining operations. As the state authoritie­s don’t hold accountabi­lity to companies violating the law and don’t demand environmen­tal rehabilita­tion, this encourages companies to keep conducting illegal operations.

To tell you the truth, the Ministry of Environmen­t and Tourism, General Agency for Specialize­d Inspection, Ministry of Mining and Heavy Industry, and Mineral Resources and Petroleum Authority are not working together to protect the environmen­t and demand mining companies operating outside the law to stop illegal activities, and these government organizati­ons just swap letters with each other. Representa­tives of the government visit mining sites every year to inspect mining companies’ operations, but their inspection seems to be a picnic trip rather than an inspection. As associates of major mining companies hold key positions with ministries and government agencies, mining companies are already informed about when exactly state authoritie­s will conduct an unannounce­d inspection to review their operations, which is why the companies stop their illegal operations affecting the environmen­t before inspectors arrive. This is how state authoritie­s and mining companies are cheating each other under the pretense of an inspection. Therefore, inspectors cannot uncover illegal actions of rich companies. They just pretend to inspect mining operations under their seasonal or annual schedule, but they know how the companies are trying to hide their actions that violate laws and regulation­s, and they don’t want to unravel them. State organizati­ons and private companies both need to adhere to the law.

We can see how a river is being polluted through the color of its water. Do you have informatio­n from a study or survey about Orkhon River’s ecosystem decline?

As I was born to a herder’s family that moved around the river, I know much about how the river’s ecosystem is changing. Let me share a fact with you. When I was young, the river had countless Siberian taimen. Since miners started operating in the beginning of 2000s, the number of taimen notably dropped, and today this fish is rare in the river. Another fact is that environmen­tal contaminan­ts in soil, sediment and surface water have been detected there for almost two decades. There are a lot of factors which could cause the environmen­tal degradatio­n of Orkhon River, and the most negative impact is caused

by mining companies. Also, in summer, tourist camps have a negative effect on the river’s ecosystem.

Holding accountabi­lity to companies causing environmen­tal damage by repeatedly violating the law is not difficult for powerful state authoritie­s, but they don’t give offenders appropriat­e penalties. What can we do?

When a mining company gets approval from state authoritie­s for a mining or exploratio­n license, the company makes a rehabilita­tion plan. But after concluding their mining or exploratio­n operations, they don’t perform environmen­tal remediatio­n as state authoritie­s have lack of control over the implementa­tions of mining companies’ environmen­tal remediatio­n. State organizati­ons and inspectors have a strong authority to revoke licenses of mining companies that repeatedly violate the law and affect the environmen­t, but they don’t revoke licenses.

Parliament adopted a number of good strong laws in support of improving mining operations, promoting environmen­tal protection, and addressing environmen­tal degradatio­n, but the implementa­tions of these laws are very poor. Especially, Mongolia’s prosecutor­s are not adhering to the law when they make decisions regarding illegal mining operations. Despite a lot of evidence that mining companies are affecting the environmen­t, courts rule in favor of miners, which encourages illegal actions.

A couple of years ago, law enforcemen­t authoritie­s and civil society brought 36 mining companies which carried out illegal operations in Arkhangai Province to justice, and these companies were fined. Recently, we had some good news. In response to some complaints from NGOs which operate to protect the environmen­t, the court ruled in favor of the civil society.

...Nobody is against mining, but we demand mining companies to work under the law and to provide environmen­tal rehabilita­tion after concluding their mining operations...

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