Discussion of the report on “Division of national and local government responsibilities regarding the use of underground resources”

On July 8, 2024, the Open Society Institute successfully hosted a discussion on the research report titled “Division of national and local government responsibilities regarding the use of underground resources". The research was conducted by a six-member team led by a Doctor of Juridical Science D. Sunjid, and the study findings were presented during the event.

Due to overlapping and uncertain roles among the national and local governments and self-governing organizations regarding mineral resource utilization, misunderstandings arise among license holders, local administrations, and citizens.

This research examined the decision-making system for the utilization of mineral resources, the responsibilities of involved parties, and the extent of citizen participation within the framework of Mongolia's Constitution and the Law on Administrative and Territorial Units.

Based on this analysis, the report provides recommendations aimed at enhancing local community participation in mineral resource management, improving coordination between local administrations and administrative units, and refining pertinent laws and regulations.

The State Parliament is responsible for formulating policies regarding the use of mineral resources, while it is the Government's duty to implement these policies and safeguard the environment.

Therefore, as environmental protection aims to safeguard civil rights and public interests, the state assumes responsibility for environmental protection functions and can delegate implementation through local representatives.

The protection of civil rights, effective utilization of underground resources, and environmental preservation are interconnected and should be addressed cohesively.

Among these, safeguarding civil rights is paramount, as decisions regarding mineral resource utilization are fundamentally aimed at ensuring civil rights, public well-being, and societal interests.