HOW SUBSOIL RESOURCES ARE USED IS SIGNIFICANT FOR TODAY’S CITIZENS AND FUTURE GENERATIONS

P. Jargalsuren

The research on the topic "Division of national and local government responsibilities related to the use of subsoil resources" was conducted by a 6-person team led by Doctor of Law D. Sunjid, commissioned and supported by the "Open Society Forum." The team presented their findings during a discussion on July 8.

Duplication and uncertainty in the roles of the central government, local administration, and local self-governing organizations contribute to misunderstanding among license holders, local administrations, and citizens regarding the utilization of subsoil resources.

This research has analysed the decision-making system for the utilization of subsoil resources, the responsibilities of the involved parties, and the level of citizen participation within the framework of the Constitution and the Law on Administrative and Territorial Units of Mongolia.

During the discussion, E. Erdenekhishig, a lawyer from Legal Guide LLC and a member of the research team, addressed some questions.

What additional improvements should be made regarding the utilization of underground resources? 

The decision to grant a mining license is made by the government or its authorized state administrative agency. When the government decides on the use of underground resources, it must also be prepared to address associated issues that may arise.

In essence, before issuing a special mining license, the government or its authorized state administrative verify ownership rights of both surface and organization must underground/subsoil resources. They must prevent overlapping ownership and, if overlap occurs, legally terminate the rights of the owner. Additionally, they shoould negotiate alternative land arrangements or provide fair compensation to affected parties.

In the current situation, the government issues enecial licenses for minerals and grants land ownership rights. When disputes arise between these entities, they typically negotiate or defer resolution to the company holding the mineral license. The government must ensure that its decisions are implemented and should not rely on external parties for enforcement.

Arguably, these are the fundamental concepts essential for resolving subsoil use issues. While there are numerous other matters to consider. time constraints prevent detailed discussion of each. When the government assumes responsibility for implementing its decisions, the decision-making process has to be transparent, open, and accountable.

It is advisable for the government to regulate the parties involved in the use of subsoil resources equally, without granting advantages to any side. The primary legislation governing the use of subsoil resources is the Law on Minerals.

However, prior to addressing the Law on Minerals, it is essential to revise the Law on Subsoil. This legislation has been in effect since before the 1992 Constitution was enacted. Furthermore, the Law on Land should be harmonized with the Law on Environmental Protection to ensure coherence across these legal frameworks.

What stance should the government take on this issue? 

The newly formed Coalition Government has identified responsible mining development as an economic priority it is now crucial to engage in discussions and conutations on how to effectively and sustainably develop the mining sector. The govenment bears the responsibility for safeguarding sa fundamental human rights including the rights to live in a healthy and safe environment, and the right to access information Utilizing subsoil resources impacts not only present-day citizens but also future generations.

On the other hand, there is the significant matter of environmental protection and restoration. In summary, it is optimal to ahways consider the three main issues- human rights, use of subsoil resources, and environmental protection simultaneously in any decision-making process. Human rights form the foundational basis upon which all issues rest.

For the benefit of present and future generations, correct decisions must be made regarding the equitable distribution and sustainable use of subsoil resources, as well as environmental Achieving this will protection and restoration and a considerable require significant changes amount of time.