The right to adequate housing in Ulaanbaatar, Mongolia by Amnesty International

FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations.

ÂŠ Amnesty International 2015 Except where otherwise noted, content in this document is licensed under a Creative Commons (attribution, non-commercial, no derivatives, international 4.0) licence. https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode For more information please visit the permissions page on our website: www.amnesty.org Where material is attributed to a copyright owner other than Amnesty International this material is not subject to the Creative Commons licence. First published in 2015 by Amnesty International Ltd Peter Benenson House, 1 Easton Street London WC1X 0DW, UK

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Cover photo: Ger area in Ulaanbaatar, Mongolia ÂŠ Amnesty International

FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 1 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

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Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

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2016.

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Amnesty Internationalresponsibilities Publications City Governor’s are to:

City Governor’s responsibilities are to:

First published in 2016 by  Organize activities, including allocation of land and implementation of development Amnesty International Publications projects based on the sub-project general plansofand projects; of development  Organize activities, including allocation landdevelopment and implementation International Secretariat projects based on the sub-project general plans and development projects; Peter Benenson House  Appoint a General Architect for the capital city for a term of four years; 1 Easton Street London 0DW a General Architect for the capital city for a term of four years;  WC1X Appoint United Kingdom a Department of Urban Development and Construction which must be headed  Establish www.amnesty.org bythe Establish General Architect; a Department of Urban Development and Construction which must be headed

by the General Architect; Oversee the development of the General Development Plan for the capital city and make amendments and  ASA Oversee therevisions; development of the General Development Plan for the capital city and make Index: 30/4933/2016 amendments and revisions; Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection; [ISBN:]  Deliver an annual report on urban development activities to the Ministry of Construction [ISSN:] and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction All and rightsUrban reserved.Development. This publication is copyright, but may be reproduced by any Underwithout the Redevelopment Law Article 11, thepurposes, CapitalbutCity method fee for advocacy, campaigning and teaching not Governor’s responsibilities are to: forUnder resale. The holders request thatArticle all such use registered withCity Governor’s responsibilities are to: thecopyright Redevelopment Law 11,bethe Capital them for impact assessment purposes. copying in any Development other circumstances,  Initiate projects based onForthe General Plan, Land Development Plan and or for reuse in other publications, or for translation or adaptation, prior writtenPlan, Land Development Plan and the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development permission must be obtained from the publishers, and a fee may be payable. the sub-project general plans and implement those activities; To request permission, or for any other inquiries, please contact  Resolve financing sources for projects and programs being implemented with local state copyright@amnesty.org funding;  Resolve financing sources for projects and programs being implemented with local state funding; Cover photo: Amnesty International  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Amnesty International is a global movement of more and entity.  a legal Conclude a tripartite agreement with a citizen whothan is the land and/or real estate owner 7 million supporters, members and activists in more than 150 and a legal entity. countries andthe territories endhas grave Under Article 24.3, Capitalwho Citycampaign Governortoalso theabuses authority to organize measures for ofArticle human24.3, rights. theUnder continuation and completion a project in cases where project is the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion Our insolvent vision is for person to enjoy all the rights enshrined declared byevery the courts. in the Universal Declaration of isHuman Rights other and ensure that the Capital City The Ulaanbaatar City Council’s role primarily toand monitor international human rights standards. Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. We are independent independent of any anydevelopment government, political ideology, are of government, political ideology, councils) approves and redevelopment documentation, allocates UnderWe Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city economic interest or religion and are are funded mainly by our ourand plans, economic interest or religion and funded mainly by funding to resolve thethe budget for urban development projects monitors allocates councils) approves required development and redevelopment documentation, membership and public donations. membership donations. funding to resolveand thepublic budget for urban development projects and plans, monitors © Amnesty International Publications 2016 

AMNESTY INTERNATIONAL

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CONTENTS

At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures 1.RightRight to Adequate Housing: Domestic and International Human Rights Standards ...15 1. Adequate Housing: Domestic and International Rights Standards ......... compliance with the legislation. The Ministry approves any Human procedures developed the local level for to selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was 1.1 Constitution ...................................................................................................... 1.1 Constitution ...................................................................................................... to cancel authorization for a redevelopment project 110 if they that also the tender process was 15 not carried out in accordance with the regulations. The rule Ministry arranges guidance 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program 1.2 International Human Rights Law and Standards 1.2 International Human and Standards.................................................... .................................................... 15 and support redevelopment and implements and monitors priority projects, program and plans atfor theurban state level. Rights Law and plans at the state level. 2. 21 2.Redevelopment Redevelopmentin inUlaanbaatar Ulaanbaatar................................................................................. .................................................................................21 2.1 Population 21 2.1 PopulationGrowth Growth and and Pollution Pollution in in Ulaanbaatar Ulaanbaatar ................................................... ...................................................21 Amnesty International interview with Ministry of Construction and Urban Development, 14 March

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Amnesty International interview with................................................................................ Ministry of Construction and Urban Development, 14 March 23 2016. 2.2 The Redevelopment Agenda

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2.2 The Redevelopment Agenda ................................................................................23

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2.3 Financing Redevelopment ................................................................................... 25 2.3 Financing Redevelopment...................................................................................25 3. Shortcomings .......................................................................................................... 27 3. Shortcomings .........................................................................................................27 3.1 No Rights for Non-land Owners and Possessors ..................................................... 27 3.1 No Rights for Non-land Owners and Possessors .....................................................27 3.2 Risk of Homelessness ........................................................................................ 29 3.2 Risk of Homelessness ........................................................................................29 3.3 Voluntary or Involuntary Resettlement .................................................................. 31 3.3 Voluntary or Involuntary Resettlement ..................................................................31 3.4 Lack of Clarity on Redevelopment Procedures and Rights of Residents .................... 34 3.4 Lack of Clarity on Redevelopment Procedures and Rights of Residents ....................34 3.5 Right to Remedy ................................................................................................ 35 3.5 Right to Remedy ................................................................................................35 4. Conclusion and Key Recommendations ..................................................................... 39 4. Conclusion and Key Recommendations .....................................................................39 4.1 Key Findings ..................................................................................................... 39 4.1 Key Findings .....................................................................................................39 4.2 Recommendations ............................................................................................. 40 4.2 Recommendations .............................................................................................40 Appendix: Mongoliaâ&#x20AC;&#x2122;s Legal and Policy Framework for Redevelopment .............................. 43 Appendix: Mongoliaâ&#x20AC;&#x2122;s Legal and Policy Framework for Redevelopment ..............................43 1. National laws ...................................................................................................... 43 1. National laws ...................................................................................................... Urban Development Law and Urban Redevelopment Law .......................................... 43 43 Urban Development Law and Urban Redevelopment Law ..........................................43

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4 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand projects; of development 46 Development .......................................................................................  Monitoring Organize activities, including allocation landdevelopment and implementation projects based on the sub-project general plans and development projects;  2. Appoint a General Architect the capital city for a term of four years; The Redevelopment Processfor ................................................................................. 47  Appoint a General Architect for the capital city for a term of four years;  Establish a Department of Urban Development and Construction which must be headed Operational Procedures for Ger Area Redevelopment ................................................ 48 bythe Establish General Architect; a Department of Urban Development and Construction which must be headed by Operational the General Procedures Architect; for Demolishing and Rebuilding Inadequate Public Housing not  Oversee thewith development of Requirements the General Development Plan for the capital city and make Complying Operational .............................................................. 51 amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make 3. Key Authorities ................................................................................................... 53 amendments and revisions;  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection;  Deliver an annual report on urban development activities to the Ministry of Construction and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction and Urban Development. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and the sub-project general plans and implement those activities;  Resolve financing sources for projects and programs being implemented with local state funding;  Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors

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GLOSSARY

GPA

The City General Planning Agency

Operational Procedures for Ger Area Ger Area Operational Amnesty InternationalProcedures interview with Ministry of Construction and Urban Development, 14 March Redevelopment 110 Amnesty International interview with Ministry of Construction and Covenant Urban Development, 14 March 2016. International on Economic, Social ICESCR 2016. and Cultural Rights Operational Procedures for Demolishing and Inadequate Housing Operational Rebuilding Inadequate Public Housing not Procedures Complying with Operational Requirements Residential public housing buildings Inadequate public housing assessed to be unsafe and/or structurally unsound and whose use is prohibited 110

JICA

Japan International Cooperation Agency

Khashaa

Fenced plots of land

Khoroo

Master Plan

NHRCM Land owner Land possessor Project implementer / private developer Redevelopment Law

Administrative subdivision under aimag(province)in Ulaanbaatar Ulaanbaatar 2020 Master Plan and Amendments and Development Approaches for 2030, providing an overarching strategy for Ulaanbaatar including plans for developing residential, commercial and green spaces National Human Rights Commission of Mongolia Those who are in legitimate control of the land with the right to dispose of that land Those who legitimate control of the land in accordance with the purpose of its use and terms and conditions specified in respective contracts Private company selected to implement a redevelopment project The Urban Redevelopment Law

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FALLING SHORT 6 THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand projects; of  Organize activities, including allocation landdevelopment and implementation development Administrative subdivision under aimag Soum projects based on the sub-project general plans and development projects; (province)outside Ulaanbaatar A person who occupies land or property  Appoint a General Architect for the capital city for a term of four years; Tenant from a landlord  Appoint a General Architect for the capitalrented city for a term of four years; Theand United Nations Human Settlements UN-Habitat Establish a Department of Urban Development Construction which must be headed Programme bythe Establish General Architect; a Department of Urban Development and Construction which must be headed by the General Architect;  Oversee the development of the General Development Plan for the capital city and make amendments  Overseeand therevisions; development of the General Development Plan for the capital city and make amendments and revisions;  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection;  Deliver an annual report on urban development activities to the Ministry of Construction 120° 96° 104° 108° 112° 116° 100° and Urban Development. MONGOLIA Deliver an annual report on urban development activities to the Ministry of Construction ilka and Urban Development.R U S S I A N Sh F E D keE R A T I O N Chita Irkutsk La Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Kyzyl Ulan Ude Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Hövsgöl 50° 50° Tes Nuur O no n Bulgan Development Plan, oy  KAZAKHSTAN Initiate projectsUvs based on theHatgal General Chik Land Development Plan and Nuur Achit Ulaangom Sühbaatar HÖVSGÖL Ereentsav Nuur g the sub-project general plans on and implement those U V S Dzel based Initiate projects the General Development Tsagaannuur en activities; Darhan Plan, Land Development Plan and Mörön S el Tesiy Hulun Nur Altay BULGAN S E L E N G E Ölgiy Hyargas Bayan Uul Nuur Hödrögö BAYANthe sub-project general plans andderimplement those Dzöönharaa activities; Bulgan Erdenet Eg ÖLGIY n On I Urgamal Bayan Dund-Us Buyr Har Nuur D Z A V H A N for projects and Choybalsan  Ertix Resolve financing sources being Dundbürd implemented with local Ulaanbaatar Orho n programs Nuur state Har (Ulan Bator) Us Nuur NORTH HANGAY Uliastay E A S T E R N Tamsagbulag n le Ulu Tsetserleg Her ngu Öndörhaanimplemented funding; ul  financing sources for projects and programs being with local state ur Resolve Bayasgalant Dzüünbulag Dzuunmod A Tögrög HENTIY HOVD 46° 46° CENTRAL Dzag funding; Y Hujirt Altay Baruun Urt Arvayheer SÜHBAATAR Taygan Sangiyn Dalay  Select a project implementer; Bayanhongor Mandalgovi Hongor GOVIALTAY SOUTH Ulaan-Uul HANGAY M Talshand MIDDLE GOVI  Select a project implementer; Buyant-Uhaa Hovd O Bulgan Öldzeyte Suma Töhöm and ensure implementation  Conclude C H I N Aa tripartiteUagreement for project implementation Dzüünbayan Erenhot EAST GOV I R ensure of the agreement; Baruunsuu Conclude a tripartite Nagreement for project implementation and implementation T Agaruut Saynshand E Dalandzadgad Tsoohor Hami S A of the agreement; E SOUTH GOVI I 42° 42° D N S H I N Aand National capital I  Ensure community participation by promoting and projects,Cprograms B publicizing O G Provincial capital plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and Town, village Major airport Beijing Baotou plans toInternational the public, and receive feedback and complaints; (Peking) boundary Provincial boundary  Implement regeneration activities in accordance with governmental orders; Main road Bo Railroad Hai  Implement regeneration activities in accordance with governmental orders; 38° 0 38° 100 200 300 400 km  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 0 100 200 mi 96° 104° 112° real estate116° 100° and entity. 92°  a legal Conclude a tripartite agreement with a citizen who is 108° the land and/or owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors Ba

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MAP OF MONGOLIA ga

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The boundaries and names shown and the designations used on this map do not imply official endorsement or acceptance by the United Nations.

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Map No. 3721 Rev. 3 UNITED NATIONS January 2004

Department of Peacekeeping Operations Cartographic Section

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 7 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 7 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. At the national level, the MCUD is responsible for state-level policy and overseeing At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. and plans at the state level.

EXECUTIVE SUMMARY

“In my khashaa there were 14 people. The company offered 2 studio flats if we freed the land. My son, his wife and their three children took our ger and has been staying in different places. After moving around three times, now they are staying in a place that is 10kms from UB. ... My Son and his family did not get any compensation” 110

Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110

2016.

Resident from 14th khoroo of Bayanzurkh district, 20 March 2016

Ulaanbaatar, Mongolia’s capital, is undergoing large-scale redevelopment to provide better housing and access to services for residents and to combat high pollution levels. The redevelopment agenda focuses on both Ulaanbaatar’s ger areas, where 60% of Ulaanbaatar’s 1.3 million residents live, and on public housing buildings which are unsafe and/or structurally unsound. Ger areas combine both houses and gers (traditional round felt dwellings) and lack infrastructure such as roads, access to water, sanitation and heating. Many arrivals to the ger areas are former herders who lost their livelihoods during extreme winter weather which left their livestock dead or who otherwise have sought better economic opportunities in the city for themselves and their family. Over the past decade, hundreds of thousands of herder families have left the steppes to settle in the outskirts of Ulaanbaatar where they typically find a piece of unoccupied land, put up a fence and erect their ger. 1 Redevelopment often requires some amount of relocation of people. Governments are entitled

See Mayar Benoit, The Rights of Mongolia’s Internal Migrants Under International Law: Climatic,

Domestic and Commercial Responsibilities, Journal of East Asia and International Law, 1 July 2014, Available at: ssrn.com/abstract=2495992; Nathan Vanderklippe, Dying Steppe, The Globe and Mail, 29 April 2016, available at http://www.theglobeandmail.com/news/world/the-globe-in-mongolia-why-aherding-culture-is-dyingout/article29791679/

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8 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects basedland on the general and development to for sub-project public purposes, if plans doneofin conformity with projects; the provisions of expropriate Organize activities, including allocation land and implementation of development international human rights law, including public due process, projects based on the sub-project general plansparticipation, and development projects;and adequate  Appoint a General for thefor capital city for ahuman term of four law years; compensation. In other Architect words, respect international rights does not prohibit development projects thatcapital entailcity displacement, but imposes  Appointoramodernization General Architect for the for a term of four years; conditions and  Establish a Department of Urban Development and Construction which must headedin procedural limits on it. Evictions that do not meet these procedural protections arebedefined bythe Establish General Architect; international law “forced evictions”. aasDepartment of Urban Development and Construction which must be headed by the General Architect;  OverseeConstitution the development the General Development Plan fororthe capital make Mongolia’s grantsof the State the right,“...to exchange take [land]city overand with amendments and revisions; compensation on the grounds of special public need or to confiscate the land if it is used in a  Oversee the development of the General Development Plan for the capital city and make manner adverse to the health of the population, the interests of environmental protection or amendments and revisions; national security” (Article 6.4).toIllegal is prohibited State must pay “due  Monitor processes related urbanconfiscation development, land usageand andthe protection; compensation and payment” in the case of any expropriation of land for special public need  Monitor processes related to urban development, land usage and protection; (Article 16).an annual report on urban development activities to the Ministry of Construction  Deliver and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction Inand 2013, the government of Mongolia initiated a new approach to address the challenges of Urban Development. Ulaanbaatar’s unexpected and and alarming increases inare to: Under the Redevelopment Law unplanned Article 11, population the Capitalgrowth City Governor’s responsibilities pollution levels: the “Ulaanbaatar 2020 Master Plan and Amendments and Developmentare to: Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities Approaches for 2030” (Master Plan). A key component of this plan is the redevelopment of  Initiate projects based on the General Development Plan, Land Development Plan and ger areas in 24 locations across eight districts in Ulaanbaatar, comprising 75 sub-projects the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and and approximately 1,500hectares (ha),those or 16,109 sites. This represents 14-15% of thecovering sub-project general plans and implement activities; 2 Ulaanbaatar territory and approximately 9% of the city’s population. Anotherwith project onstate the  Resolve financing sources for projects and programs being implemented local redevelopment agenda is the redevelopment of inadequate, or in other words unsafe and/or funding;  Resolve financing sources for projects and programs being implemented with local state structurally funding; unsound, public housing.  Select a project implementer; The agenda is led by the Capital City Governor’s Office, implemented by  redevelopment Select a project implementer; agencies under the Ulaanbaatar City for Mayor’s Office and overseenand by ensure the Ulaanbaatar City  Conclude a tripartite agreement project implementation implementation Council. The Capital City Government selects private developers to implement the of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation redevelopment projects for ger areas and inadequate public housing. The private developers of the agreement; are responsible for financing the construction project, purchasing from and  Ensure community participation by promoting andincluding publicizing projects, land programs individual residents. At the national level, the Ministry of Construction and Urban plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and Development playsreceive a monitoring roleand to ensure overall compliance of the plans to the(MCUD) public, and feedback complaints; redevelopment process with the law and procedures.  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude agreement with a citizen who is the land and/or real estate owner KEY FINDINGSa tripartite AND RECOMMENDATIONS and legal entity.  a residents Conclude tripartite agreement withby a citizen who is the land said and/or real estate owner Many ofa Ulaanbaatar interviewed Amnesty International that the and a legal entity. redevelopment agenda in Mongolia receives widespread support. However, Amnesty Under Article found 24.3, that the Capital City Governor alsoadequate has the authority to organize measures for International the absence of clear and government regulation, effective theUnder continuation and completion of a project in affected cases where the project is Article the Capital City Governor also has theredevelopment authority to implementer organize measures consultation and24.3, monitoring makes individuals by vulnerable to a for declared insolvent by courts. inofparticular the continuation andthe completion a projectthe in cases where the project implementer is range of human rights violations, right to adequate housing. The legal and declaredframework insolvent by the in courts. regulatory is not line with Mongolia’s obligations under international human The Ulaanbaatar City Council’s role isaprimarily to monitor and ensure thea Capital City rights law and standards, and places large number of residents at riskthat or in situation of Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 2 councils) approves the required development and redevelopment documentation, allocates Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag Democracy Paper, M. Enkhbaatar: it is necessary to understand that ger area development is acity huge funding to resolve thethe budget for urban development projects plans, monitors councils) approves required development and redevelopment documentation, allocates scheme, 21 August 2015, No. 136/2259; Daily News, Bat-Uul, Mayorand introduces ger re-planning funding resolve thepp1&5, budgetonfor development projects and plans, monitors project, 24 to March 2016, fileurban with Amnesty International.

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areasabout and old of the city. permanent uncertainty theirparts housing situation. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes theand final Despite the advanced of the redevelopment agenda by in Mongolia, relevant laws decision to approve, orstage not, the work being forward the City Governor decision todeciding approve, or the not,location, the worksize being the Governor policies laggingon behind practice. Initiatives toforward improve living conditions in the capital city includingare andtaken intended useby of theCapital land forCity a redevelopment 3 including deciding onbut thefrom location, size and intended use the land for a redevelopment began around 2004 the Urban Development wasofnot passed until 2008 andthe the area, approving funding the city budget, andLaw monitoring implementation. When area, approving funding the cityRedevelopment budget, and monitoring implementation. When the council is innational recess, thefrom Ulaanbaatar City Council Presidium the authority to fulfil these other main law, the Urban Law 4, washas passed only in June 2015. In council in recess, the Ulaanbaatar City Council Presidium has thepolicies authoritytotobring fulfilthem these roles. is2015 October the MCUD set up a working group to further develop roles. into line with the 2015 Redevelopment Law, given the discrepancies and weaknesses, however more changes areMCUD required to bring thefor laws and procedures in line with At the national level, the is responsible state-level policy and overseeing international human law and standards. At the national level, the MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the rights legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areasthe and implementing projects has the authority to cancel authorization forconclusions aredevelopment redevelopment project if they rule that theand tender process This briefing presents of Amnesty International’s research carried out inwas to authorization for a redevelopment if2016. they that also the the tender process was notcancel carried out in accordance with2015 the regulations. Ulaanbaatar between September and project August110 It examines process in place The rule Ministry arranges guidance 110 not accordance with the and regulations. for ger areaout redevelopment and redevelopment of inadequate public housing buildings, the The also arranges guidance andcarried support forinurban redevelopment implements andMinistry monitors priority projects, program two areas the redevelopment agenda that directly affect the most priority numberprojects, of Ulaanbaatar and and implements and monitors program and support plans of atfor theurban state redevelopment level. residents. It the reviews current redevelopment legal and policy framework and assesses its and plans at statethe level. ability to protect the rights of those affected by the redevelopment process. 110 TheAmnesty Mongolian authorities must with ensure that of allConstruction proceduresand andUrban regulations being 14 amended International interview Ministry Development, March or drafted by the MCUD working group are in line with both international human rights law and Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. standards, and other domestic legislation on redevelopment. Any and all discrepancies 2016. between procedures and regulations must be addressed in a manner that provides the greatest protection to residents affected by redevelopment and so that there is no ambiguity concerning the process or the rights of individuals and communities affected by redevelopment. These changes must be clearly communicated to the public. 110

Amnesty International has identified the following key failings:  Laws and policies do not recognize the rights of those who do not have legal title for the land or housing they occupy to participate in consultation processes on redevelopment; 

Lack of safeguards to protect against the risk of forced eviction and homelessness;

Urban Development Law adopted by the Mongolian Parliament in May 2008 and amended in February,

June and November 2015; unofficial English language translation on file at Amnesty International. 4

Urban Redevelopment Law, passed by the Mongolian Parliament 0n 26 June 2015; unofficial English

language translation on file at Amnesty International.

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10 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plans development projects;   Laws and policies on redress are unclear and lack specificity on options those Organize activities, including allocation ofand land and implementation offor development individuals negatively impacted by redevelopment to raise complaints and seek settlement of projects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; disputes.  Appoint a General Architect for the capital city for a term of four years;  major Establish Urban Development and Construction which must of bepeople headed A defectainDepartment Mongolia’sof provisions regarding redevelopment is the exclusion by General who doEstablish not haveArchitect; property in redevelopment affected do not the aformal Department of titles. UrbanResidents Development and Construction whichareas mustwho be headed have legalGeneral title toArchitect; the land or housing they occupy are excluded from any consultations and by the  Oversee the Development thecan capital city make opportunities for development participation of in the General development process. Plan Legalfor title either beand a land amendments and revisions; ownership or land possession certificate. Those without legal title are ‘non-landowners and  Oversee the development of the General Development Plan for the capital city and make possessors’. This group includes tenants and extended family members who may live on the amendments and revisions; same land asprocesses the landowner or to possessor but not necessarily in the same house or ger, and  Monitor related urban development, land usage and protection; those renting an apartment which they do not own. Non-landowners and possessors  Monitor processes related to urban development, land usage and protection; have no rights under an Mongolia’s laws and policies to engage in consultations, or to receive  Deliver annual report on urban development activities to the Ministry of Construction compensation or redress. and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction and Urban Development. The exclusion of non-landowners and possessors from the process is not Under the Redevelopment Law Article 11, the Capital Cityredevelopment Governor’s responsibilities areinto: compliance with Mongolia’s obligations under international human rights law. All affected Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: residents, and othersbased working of affected communities or residents, must be able  Initiate projects onon thebehalf General Development Plan, Land Development Plan and to fully participate in and be consulted at all stages of redevelopment projects. At a minimum, the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and Article 22 of the Redevelopment Law, which lists the activities; rights and responsibilities of the sub-project general plans and implement those landowners possessors, should be amended to include non-landowners possessors,  Resolveand financing sources for projects and programs being implementedand with local state so that all members of the community are able to receive information and are consulted funding;  Resolve financing sources for projects and programs being implemented with localonstate developments that affect their lives. funding;  Select a project implementer; Due the lack of safeguards against forced evictions, everyone affected by redevelopment is  toSelect a project implementer; at risk of forced eviction and homelessness to a implementation greater or lesser and extent. For implementation non-landowners  Conclude a tripartite agreement for project ensure and possessors, particularly tenants without any tenancy agreement, there are no procedural of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation safeguards to ensure they are given notice before an eviction or to ensure that no one is left of the agreement; homeless as a result of an eviction. Landowners and possessors who have negotiated  Ensure community participation by promoting and publicizing projects, programsaand compensation package a private developer are better protected under the programs law but are plans the public, andwith receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, and still at risk if the private developer in their area runs into financial problems and is unable to plans to the public, and receive feedback and complaints; complete construction or pay activities the agreed or governmental otherwise breaches  Implement regeneration in compensation, accordance with orders;the terms of their agreement.  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner The implementation of the redevelopment in who Ulaanbaatar is marred by lack of owner and legal entity.  a Conclude a tripartite agreement withagenda a citizen is the land and/or real estate information eviction, compensation and resettlement and does not meet international and a legalonentity. standards on genuine consultation. the legal framework on redevelopment there are some Under Article 24.3, the Capital CityIn Governor also has the authority to organize measures for mechanisms for 24.3, consultation and of community participation acknowledged as a key the continuation and completion a project in cases where project is Under Article the Capital City Governor also has theisthe authority to implementer organize measures for principle. However,by inthe practice, Amnesty International’s relevant is declared insolvent courts.based the continuation and completion of aon project in cases where the interviews, project implementer information is often not publicly available and/or not easily accessible. declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City The absence of genuine consultation ledfor to implementing confusion among residents whether they Governor is fulfilling his/her responsibilities theensure redevelopment agenda. The Ulaanbaatar City Council’s role has is primarily to monitor and thatonthe Capital City can reject redevelopment proposals and Members ofCity twoCouncil residents temporary councils 5 Under Article 8 of the Development Law,offers. the Ulaanbaatar (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. who spoke to Amnesty understood that, because theCouncil redevelopment agenda councils) approves required development and redevelopment documentation, allocates Under Article 8 ofthe theInternational Development Law, the Ulaanbaatar City (and aimag city is a funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors 5

Resident temporary councils are representative bodies established by landowners and possessors in an

affected area to represent their interests.

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RESIDENTS MADE HOMELESS IN SUKHBAATAR DISTRICT

Redevelopment plans gone wrong can have a devastating impact on the residents, as illustrated by the case of 110Building #3. an old, dilapidated building located in the 10th khoroo (administrative unit) of Sukhbaatar Amnesty International interview with Ministry of Construction and Urban Development, 14 March district of central Ulaanbaatar. 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. 2016.

In early 2015 a private developer approached residents of building #3 with the offer of a new apartment in a new building that they proposed to construct. It was an attractive offer for residents living in a building without running water or toilets. Between April and July 2015, at least 28 households from Building #3 agreed a resettlement and compensation package with the private developer. The private developer gave those residents who moved out a lump sum of money to cover rent costs elsewhere for one year while the new building was constructed. However, not all households in Building #3 took the offer because they did not trust the private developer. Other private developers had made similar promises that had not been implemented in the past. To show their willingness to move and to encourage others to move, the company asked residents who had agreed to move out to remove the windows and front doors of their apartments. After several households did this, the building was further vandalized for pipes and materials and rubbish was dumped in the building. Radiators and central heating pipes were removed. The city government authorities did take steps to notify residents that the company seeking to negotiate with residents was not the same company which had been given authorization to carry out the construction, including a letter to residents dated 22 April 2015. However, when Amnesty International interviewed residents between March and May 2016, not all of them had been aware of the letter or that the company was not authorized to negotiate with them at the time of signing. After a year had passed no progress had been made on the construction and the rent money ran out. Without rent money, families had to choose between staying with relatives, paying rent for alternative accommodation at their own expense or moving back into Building #3. For some households, moving back into Building #3 was not an option because, in addition to no heating, their apartment has no door or windows and is therefore

Amnesty International, Know your obligations: A guide to preventing forced evictions(Index: ACT

35/009/2012) available at: www.amnesty.org/en/documents/document/?indexNumber=ACT35/009/2012&language=en

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12 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand projects; of development  Organize activities, including allocation landdevelopment and implementation uninhabitable. projects based on the sub-project general plans and development projects;  Appoint General Architect the developer, capital city a term ofincluding four years; Of those who dida not negotiate with thefor private fivefor households, a man with disabilities  Appoint a General Architect for the capital city for a term of four central years; heating. Outside and a family with young children spent the winter of 2015/16 in Building #3 without  Establish a Department of the Urban Development andOther Construction bestayed headed temperatures in Ulaanbaatar during winter can reach -30°C. householdswhich moved must out and with by the General Architect;  Establish a Department of Urban Development and Construction which must be headed relatives or rented elsewhere at their own expense because the conditions in the building were intolerable. by theinGeneral Architect; However, April 2016 five households moved back because the cost of paying rent elsewhere was too high.  Oversee the development of the General Development Plan for the capital city and make amendments Overseeand therevisions; development theresponsibility, General Development fornot the capital the cityprocess and make The government initially refused to takeofany claiming thatPlan it does guarantee or amendments and revisions; mediate disputes unless the residents sign a tripartite agreement – a contract between the apartment owner,  Monitor processes related urban development, protection; the private developer and the CapitaltoCity Governor outlining theland termsusage of the and resettlement and compensation  Monitor processes related to urban development, land usage and protection; agreed.  Deliver an annual report on urban development activities to the Ministry of Construction and Urban Development.  Deliver an annual on appeal urbanon development activities to the of Construction Amnesty International issued report an urgent this case in March 2016 and metMinistry with the Chair of the City and Urban Development. Council to call for immediate action to find alternative, adequate accommodation for the residents of Building Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: #3. On 24 June, the Governor passed a Decree for 10 households of Building #3 to be re-housed – the number the living Redevelopment Law Articleon11, the local Capital City Governor’s responsibilities of Under households in the building. However, 29 June elections were held in which the Governorare andto:  Initiate projects based on the General Development Plan, Land Development7 Plan and the ruling party were defeated putting this process into question and leaving families in limbo. the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and the sub-project general plans and implement those activities; METHODOLOGY  Resolve financing sources for projects and programs being implemented with local state Amnesty International carried outfor research inand Ulaanbaatar September 2015 and state funding;  Resolve financing sources projects programsbetween being implemented with local August 2016. During that time Amnesty International met with the National Human Rights funding; Commission Mongolia (NHRCM) and NGOs including women’s groups, disability rights  Select a of project implementer; groups, environmental organizations, development NGOs and NGOs focusing on internal  Select a project implementer; displacement miningagreement activities. for Amnesty met and withensure lawyersimplementation and academic  Conclude from a tripartite projectInternational implementation experts on Mongolia’s land laws and urban development issues; representative from a of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation citizens’ representative organization in Chingeltei district; representatives from two residents’ of the agreement; temporary in Bayanzurkh district; 28 individuals or families in communities  Ensurecouncils community participation by promoting and publicizing projects, programsaffected and by the redevelopment agenda in Sukhbaatar, Bayanzurkh, and Songinokhairkhan districts; plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and and three construction companies working on redevelopment sub-projects in Ulaanbaatar. plans to the public, and receive feedback and complaints; Throughout this briefing, the names of individual residents have been omitted to protect  Implement regeneration activities in accordance with governmental orders; them from any negative repercussions in on-going negotiations with private developers.  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Between 14 and 22 March 2016, Amnesty International met with relevant government and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner authorities and agencies at both the national and local level. National level meetings were and a legal entity. held with the MCUD, the Court Decision Enforcement Agency, and the Parliamentary Under Article 24.3, the Capital City Governor also has the authority to organize measures for Standing Committee on Complaints. At the local level, meetings were held with the Ger Area theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for Development Agency (GADA), the Deputy-Mayor for Urban Development and Investment, the declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion City General Planning Agency (GPA), and the Governor of Sukhbaatar district. Amnesty declared insolvent by the courts. International wrote to the MCUD and GADA to request further information and received a The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City reply from the MCUD but not from GADA. Amnesty International sent a summary of the Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital finding of our research to the MCUD and the Capital City Governor’s office in August 2016 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. and received a reply, some of which has been reflected in this briefing, from the MCUD and councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors 7 The residents of Building #3 told Amnesty International on 20 October 2016 that 10 families who

were living in the building were provided with alternative housing in 17 October 2016.

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 13 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 13 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger International areas and oldalso partsmet of the the GPA. Amnesty withcity. the Asian Development Bank (ADB), Japan Under Article 10 of the Redevelopment Law, CityHuman CouncilSettlements makes the final International Cooperation Agency (JICA), and the the Ulaanbaatar United Nations Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the decision to approve, or not, the work being taken forward by the Capital City Governor Programme (UN-Habitat), which have all provided advice and technical assistance onfinal decision to approve, or not, the work being taken forward by the Capital City Governor including deciding on the location, size and intended use of the land for a redevelopment housing and urban redevelopment to city and state level government departments and including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the agencies. area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. At the national level, the MCUD is responsible for state-level policy and overseeing At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. and plans at the state level.

110

Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110

2016.

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. At the national level, the MCUD is responsible for state-level policy and overseeing At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures 1.1 CONSTITUTION compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority Mongolia’s Constitution recognizes, in Article 16, several human rights including the rights to level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was life, health, safe environment, fair acquisition, possession, ownership and inheritance of to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance movable and immovable property, employment, and education, but has no specific language 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program on the right to adequate housing. and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. and plans at the state level. The right to own land is enshrined in the Constitution under Article 5.2, which states, “[t]he State recognizes all forms of both public and private property and shall protect the rights of the owner by law”. The Constitution grants the State the right,“...to exchange or take [land] 110 International interview with Ministry of Construction and Urban Development, 14 March overAmnesty with compensation on the grounds of special public need or to confiscate the land if it is 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. used in a manner adverse to the health of the population, the interests of environmental 2016. protection or national security” (Article 6.4). Article 16 states that “[i]llegal confiscation and requisitioning of the private property of citizens shall be prohibited. If the State and its bodies appropriate private property on the basis of exclusive public need, they shall do so with due compensation and payment”.

1. RIGHT TO ADEQUATE HOUSING: DOMESTIC AND INTERNATIONAL HUMAN RIGHTS STANDARDS

The right to remedy is enshrined in the Constitution under Article 16.12, which guarantees the “right to submit a petition or a complaint to State bodies and officials” and that “State bodies and officials shall be obliged to respond to petitions or complaints of citizens in conformity with the law”. Article 16.14 provides the “right to appeal to the court to protect his/her right if he/she considers that the rights of freedoms as spelled out by the Mongolian law or an international treaty have been violated” as well as the right to compensation among others. Further, all domestic laws relevant to the ongoing redevelopment project, except the Land Law, include a clause that states that, “if any international treaty ratified by Mongolia provides otherwise than the law, the provision of the international treaty shall take precedence”. In addition, Article 10.1 and 10.3 of the Mongolian Constitution guarantee respectively, “adher[ance] to universally recognized norms and principles of international law” and that “international treaties to which Mongolia is a Party shall become as effective as domestic legislation upon the entry into force of the laws on their ratification or accession”.

1.2 INTERNATIONAL HUMAN RIGHTS LAW AND STANDARDS The Government of Mongolia is obligated under international human rights treaties, which it has ratified, to respect, protect and fulfil the right to adequate housing. 8 The human rights

Article 11(1) of the International Covenant on Economic, Social and Cultural Rights ratified by

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development treaties include thethe International Covenant on Economic, and Cultural projects based on sub-project general plans projects;  Organize activities, including allocation ofand landdevelopment andSocial implementation of Rights development (ICESCR), which on guarantees among general others, the right health, education, water, sanitation projects based the sub-project plans andtodevelopment projects; and housing. right Architect to adequate is guaranteed under 11(1) of the ICESCR.  Appoint aThe General for housing the capital city for a term of Article four years; The respect,Architect protect and extends tofor all alevels  obligation Appoint to a General for fulfil the capital city term of of government four years; from national to local, as wella as to state agencies.  Establish Department of Urban Development and Construction which must be headed bythe Establish General Architect; a Department of Urban Development and Construction which must be headed The on Economic, Social and Cultural Rights (CESCR), a body of experts that byUN the Committee General Architect; provides authoritative guidanceofon implementation of the ICESCR, clarified the make  Oversee the development thethe General Development Plan for the has capital city and 9 obligations of state parties vis-a-vis the right to adequate housing. The CESCR states thatmake amendments and revisions;  Oversee the development of the General Development Plan for the capital city and theamendments government and should respect the right to adequate housing including by refraining from revisions; forced evictions, protecting people from development, interference with rights third parties such as  Monitor processes related to urban landtheir usage and by protection; landlords and private developers, and adopting appropriate legislative, administrative,  Monitor processes related to urban development, land usage and protection; budgetary, promotional and other measures activities to fully realize right to  Deliverjudicial, an annual report on urban development to thethe Ministry of adequate Construction housing. Governments must prioritize the realization of minimum essential levels housing and Urban Development.  Deliver an annual report on urban development activities to the Ministry of of Construction forand everyone while prioritizing the most disadvantaged groups in all programmes when Urban Development. allocating The CESCR also calls upon statesCity parties to guarantee the right of Under the resources. Redevelopment Law Article 11, the Capital Governor’s responsibilities are to: people to participate in and be consulted over decisions that will affect them, and to provide Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: an effective any ofonthese rights are violated. 10 Plan, Land Development Plan and  Initiate remedy projectsifbased the General Development the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and The in General Comment 7,implement has emphasized where evictions are considered to theCESCR, sub-project general plans and those that activities; be justified shouldsources be carried out in strict withimplemented principles of with international  Resolvethey financing for projects and compliance programs being local state 11 law and due process requirements. According to international human rights funding;  Resolve financing sources for projects and programs being implementedstandards, with local state relocation funding; sites must fulfil the criteria for adequacy of housing under international human rights law. The CESCR has identified the following aspects which are crucial to determine  Select a project implementer; whether any particular form of housing can be considered to constitute adequate housing  Select a project implementer; under Article 11(1) of the ICESCR: security of tenure; availability of services, materials,  Conclude a tripartite agreementlegal for project implementation and ensure implementation facilities and infrastructure; location; habitability; affordability; accessibility; and cultural of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation 12 adequacy. of the agreement;  Ensure community participation by promoting and publicizing projects, programs and In2007, thepublic, UN Special Rapporteur onbyadequate housing, an independent expert mandated plans to the and receive feedback and complaints; Ensure community participation promoting and publicizing projects, programs and to plans report,toadvise and provide technical assistance to governments on the right to adequate the public, and receive feedback and complaints; housing, developed the Basicactivities Principles Guidelines ongovernmental Development-based  Implement regeneration inand accordance with orders; Evictions and Displacement. The guidelines reflect existing standards and jurisprudence on the issue of  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Mongolia on 18entity. November 1974; Article 27(3) of the Convention on the Rights of the Child ratified by and a legal Mongolia on 5 July 1990; of the International Convention on to theorganize Elimination of All Forms Under Article 24.3, the Article Capital5(e)(iii) City Governor also has the authority measures for of Racial Discrimination ratified by Mongolia on 6 August 1969; and Article 17 of the International theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for Covenant on Civil andby Political Rights ratified by Mongolia on 18 November 1974. declared insolvent the courts. the continuation and completion of a project in cases where the project implementer is 9 declared insolvent by the courts. UN Committee on Economic, Social and Cultural Rights, The right to adequate housing, General The Ulaanbaatar Comments 4 and 7.City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital 10 UN Committee on the Economic, and Cultural Rights, General 4,(and paragraph and Under Article 8 of Development Law, the Ulaanbaatar CityComment Council aimag9city Governor is fulfilling his/herSocial responsibilities for implementing the redevelopment agenda. General Comment 7, paragraph 13. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve the budget for urban development projects and plans, monitors 11 councils) approves the required development and redevelopment documentation, allocates UN Committee on Economic, Social and Cultural Rights, General Comment 7, paragraph 14. funding to resolve the budget for urban development projects and plans, monitors 12

UN Committee on Economic, Social and Cultural Rights, General Comment 4, paragraph 8.

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

Adequate and reasonable notice for affected people prior to the eviction;

 Information on the proposed evictions and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; 

Government officials or their representatives to be present during the evictions;



Anyone carrying out the eviction to be properly identified;

 Evictions not to take place in particularly bad weather or at night unless the affected people consent; 

Provision of legal remedies;

 Provision, where possible, of legal aid to people who are in need of it to seek redress from the courts.

Governments must also ensure that no one is rendered homeless or vulnerable to the violation

UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to

UN.Doc, A/HRC/4/18, 2007; available at www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf 14

UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to

UN.Doc, A/HRC/4/18, 2007; available at www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development of otherOrganize human rights as aincluding consequence ofplans eviction. Adequate alternative and projects based on the sub-project general projects;housing activities, allocation ofand landdevelopment and implementation of development compensation foron allthe losses must be general made available to development those affectedprojects; prior to eviction. 15 Not projects based sub-project plans and everyAppoint evictiona that is carried out by constitutes a forced – if all the legal  General Architect for force the capital city for a termeviction of four years; safeguards andaprotections requiredforunder international are complied with, and if the use  Appoint General Architect the capital city forlaw a term of four years; of force is proportionate and of reasonable, then the eviction would not violate the prohibition  Establish a Department Urban Development and Construction which must be headed onthe forced evictions. by General Architect; Establish a Department of Urban Development and Construction which must be headed by the General Architect; Article 17 of the the development International of Covenant on Civil and Political Rights (ICCPR), which  Oversee the General Development Plan for the capital to city and make Mongolia is a State Party, provides protection against arbitrary and unlawful interference amendments and revisions;  Oversee the development of the General Development Plan for the capital city and with make privacy, family and The Human Rights Committee established to oversee amendments and home. revisions; implementation of the Covenant statedevelopment, parties has held forced contravene  Monitor processes related toby urban landthat usage and evictions protection; 16 Article 17 of the ICCPR. According to international human rights law and standards, the  Monitor processes related to urban development, land usage and protection; protection forced evictions applies to everyone regardless of whether have a  Deliveragainst an annual report on urban development activities to the Ministry they of Construction legally recognized right toreport live inonthe home or land where they currently reside. As a result, and Development.  Urban Deliver an annual urban development activities to the Ministry of Construction squatters and those without regular title must also be protected from forced eviction. and Urban Development. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Despite international legal affected by redevelopment Under clear the Redevelopment Lawobligations, Article 11, Mongolian the Capitalresidents City Governor’s responsibilities are to: remain at risk of forced evictions. The national legal and policy framework does not provide  Initiate projects based on the General Development Plan, Land Development Plan and the sub-project same levelprojects of protection international rights law and standards. For instance, the general plansason and implement those activities; Initiate based the General human Development Plan, Land Development Plan andit does not include all affected community members and does not protect people without the sub-project general plans and implement those activities; security of tenure in housing orfor on projects private land risk of forced eviction and  Resolve financing sources and from programs being implemented with local state homelessness. funding;  Resolve financing sources for projects and programs being implemented with local state funding; The CESCR emphasized that security of tenure is one of the crucial elements of the right  Select ahas project implementer; to adequate housing. Tenure takes various forms including rental (public and private) Select a project implementer; accommodation, cooperative housing, lease, owner occupation, emergency and  Conclude a tripartite agreement for project implementation and ensurehousing implementation informal settlements. According to the CESCR, “[N]ot withstanding the type of tenure all of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation persons should possess a degree of security of tenure with guarantees to legal protection of the agreement; 17 against forced eviction, participation harassment and other threats.”  Ensure community by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and Inplans respect prohibition on forced evictions, the CESCR has stated that, “[s]tates parties to of thethe public, and receive feedback and complaints; shallImplement ensure prior to carrying activities out any evictions, and particularly those involving  regeneration in accordance with governmental orders; large groups, that all feasible alternatives are explored in consultation with the affected persons, with a  Implement regeneration activities in accordance with governmental orders; 18 view to avoiding, or at least minimizing, the need to use force”. Under the Basic  Conclude a tripartite agreement with a citizen who is the land and/or realUN estate owner Principles on Development-based Evictions and Displacement, “[i]n the event that agreement and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for 15 UN Committee on Economic, Social and CulturalinRights, The rightthe to project adequate housing, General theUnder continuation and completion of a project cases where is Article 24.3, the Capital City Governor also has the authority to implementer organize measures for Comment 7, paragraphs 15 and 16. declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion 16 declared insolvent by the courts. See Concluding Observations of the Human Rights Committee: Kenya, UN Human Rights Committee, The Ulaanbaatar 29 City Council’s role is primarily to monitor and ensure that the Capital City CCPR/CO/83/KEN April 2005, paragraph 22available at Governor is fulfilling his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar City Council’s role is primarily to monitor and that the Capital tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CCPR%2fCO%2f83%2fKEN& Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Lang=en councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city 17 UN Committee onthe Economic, Social and Cultural Rights, projects The right and to adequate housing, General funding to resolve budget for urban development plans, monitors councils) approves the required development and redevelopment documentation, allocates Comment 4, paragraph 8(a). funding to resolve the budget for urban development projects and plans, monitors 18

UN Committee on Economic, Social and Cultural Rights, General Comment 7, paragraph 13.

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“UrbanInternational or rural planning and development processes should involve all those14 likely to be Amnesty interview with Ministry of Construction and Urban Development, March

affected and should includewith theMinistry following elements: (a) notice to14allMarch Amnesty International interview of Construction andappropriate Urban Development, 2016.

110

2016.potentially affected persons that eviction is being considered and that there will be

public hearings on the proposed plans and alternatives; (b) effective dissemination by the authorities of relevant information in advance, including land records and proposed comprehensive resettlement plans specifically addressing efforts to protect vulnerable groups; (c) a reasonable time period for public review of, comment on, and/or objection to the proposed plan; (d) opportunities and efforts to facilitate the provision of legal, technical and other advice to affected persons about their rights and options; and (e) holding of public hearing(s) that provide(s) affected persons and their advocates with opportunities to challenge the eviction decision and/or to present alternative proposals and to articulate their demands and development priorities”. 20

In July 2010 Mongolia accepted the provisions of the Optional Protocol to the ICESCR. This Protocol recognizes the competence of the CESCR to receive and consider communications from Mongolia about violations to the ICESCR. The CESCR will not accept any communication or take any action until all available domestic remedies have been exhausted. To date, no communications have been received by the Committee from Mongolia. In response to Mongolia’s fourth periodic report to the CESCR, the Committee raised concerns about “the negative impact the ‘Ger Area Redevelopment Regulation’ has on persons whose land is subject to redevelopment, such as forced evictions, especially on those who do not have a legal title to their land and do not receive any adequate compensation or

UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Annex 1 to

UN.Doc, A/HRC/4/18, 2007; paragraph 59; available at www.ohchr.org/Documents/Issues/Housing/Guidelines_en.pdf 20

UN Basic Principles and Guidelines on Development-based Evictions and Displacement, Principle 37.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development 21 are provided with accommodation in areas basic social of services”. projects based on the alternative sub-project general plansofand development projects;  notOrganize activities, including allocation land andwith implementation development projects based on the sub-project general plans and development projects; The Committee made several recommendations to the Government,  Appoint a General Architect for the capital city forMongolian a term of four years; including to “amend the ‘Ger Area Redevelopment Regulation’ as necessary a view to ensuring that it  Appoint a General Architect for the capital city for a termwith of four years; does not adversely impact theofger population’s rightand to adequate housing including  Establish a Department Urban Development Construction which must besecurity headed of and protection from forced evictions, withoutand adequate compensation or provision bytenure the Establish General Architect; a Department of Urban Development Construction which must be headed of by alternative accommodation the General Architect; in areas with access to basic social services” and to “develop a 22 legal framework forced is compliant with standards”.  Oversee the concerning development of theevictions Generalthat Development Plan for international the capital city and make amendments  Overseeand therevisions; development of the General Development Plan for the capital city and make amendments and revisions;  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection; 21 Committee on Economic, and development Cultural Rights,activities Concluding fourth  UN Deliver an annual report Social on urban to Observations the Ministryon ofthe Construction periodic report of Mongolia, 19 June 2015, page 7, available at and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=MNG&Lang=EN and Urban Development. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: 22 UN Committee on Economic, Social and Cultural Rights, Concluding Observations on the fourth Under the Redevelopment Law 2015, Articlepage 11,7,the CapitalatCity Governor’s responsibilities are to: periodic report of Mongolia, 19 June available  Initiate projects based on the General Development Plan, Land Development Plan and tbinternet.ohchr.org/_layouts/TreatyBodyExternal/countries.aspx?CountryCode=MNG&Lang=EN the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and the sub-project general plans and implement those activities;  Resolve financing sources for projects and programs being implemented with local state funding;  Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these The redevelopment agenda for Ulaanbaatar has been prompted by rapid unplanned roles. population growth and the environmental consequences of that growth. The agenda, as At the national level, the MCUD is responsible for state-level policy and overseeing outlined in the “Ulaanbaatar 2020 Master Plan and Amendments and Development At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures Approaches for 2030”, (Master Plan), focuses on redeveloping built-up areas, building and compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority improving infrastructure, re-housing people living in ger areas, and the demolition of unsafe level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was and/or structurally unsound buildings. The aim of redevelopment is to “ensure a healthy, safe to authorization for a redevelopment project 110 if they that the tender process was notcancel carried out in accordance with the regulations. The rule Ministry also arranges guidance and comfortable living environment for the citizens” of Mongolia. 23 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. High economic growth rates led by the exploitation of mineral wealth provided the impetus and plans at the state level. for the redevelopment agenda in Ulaanbaatar. However, the drop in commodity prices combined with political and economic mismanagement has seen the economic growth rate fall from 17.3% in 2011 to 2.3% in 2015. According to the Asian Development Bank (ADB) 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March the growth rate for 2016 is expected to be less than 1%. 24 This has negatively impacted the 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. pace of redevelopment and jeopardized the ability of some private developers to carry out or 2016. complete construction work approved under the redevelopment agenda.

2. REDEVELOPMENT IN ULAANBAATAR

2.1 POPULATION GROWTH AND POLLUTION IN ULAANBAATAR Of a total population of approximately 3 million in Mongolia, 1.3 million live in Ulaanbaatar. According to the 2010 Population and Housing Census, Ulaanbaatar’s population grew 5.4% annually between 2000 and 2010 with many of the new residents moving into ger areas. 25 The largest increase in the population is from internal migration as people from the countryside, including former nomadic herders and their families move to the city looking for economic opportunities and better access to services. The city’s population is projected to increase to 1.6 million by 2020 and 2.1 million by 2030. 26 Approximately 60% of Ulaanbaatar residents live in ger areas, key target areas for redevelopment. Residents of these areas do not necessarily live in gers, which are Mongolian traditional round felt dwellings. 27 A ger area combines both houses made of brick or

Urban Redevelopment Law, Article 1.

ADB, Mongolia country page, available at www.adb.org/countries/mongolia/economy

National Statistics Office, Main findings of the 2010 Population and Housing Census, available at

www.slideshare.net/Ochiro/mongolia-2010-population-census-main-findings 26

Mongolian Statistical Information Service website, available at www.1212.mn

Although gers remain a popular dwelling in Mongolia they do not meet modern standards for adequate

housing. While the redevelopment agenda appears to have received widespread support, some news articles, NGOs and residents noted that some households would prefer to have infrastructure developed to allow them to stay in their gers rather than move into an apartment. See Peter Geoghegan, Life in

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development makeshift construction materials and gers.plans These areas areimplementation characterized of paved projects based on the sub-project general development projects;byoflack  Organize activities, including allocation ofand land and development roads and limited infrastructure including water, sanitation, and heating. 28 Houses projects based on the sub-project generalaccess plans to and development projects; in the ger areas are more likely tofor bethe connected to water gers. 29 Ger areas  Appoint a General Architect capital city for a and termsewage of four than years; also socialainfrastructure such for as schools andcity hospitals. Poverty andyears; unemployment rates  lack Appoint General Architect the capital for a term of four are higher in ger areas than in of the city.  Establish a Department of other Urbanareas Development and Construction which must be headed bythe Establish General Architect; a Department of Urban Development and Construction which must be headed Ger comprise fenced plots of land known as khashaas. On a typical khashaa will be a byareas the General Architect; house and one more gers, which accommodate extended family members a  Oversee theordevelopment of themay General Development Plan for the capital citysuch andas make son or daughter, their spouse and children. In such cases, one khashaa, will house multiple amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make families. Some people use the space on their khashaa to set up workshops for business amendments and revisions; purposes, or processes rent the space for to tenants set up a ger.land usage and protection;  Monitor related urban to development,  Monitor processes related to urban development, land usage and protection; The large and growth of the development city, and particularly hasof created  Deliver anunplanned annual report on urban activitiesoftoger theareas, Ministry Construction significant environmental challenges, particularly from air and soil pollution. A 2011 World and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction Bank study on air pollution found that Ulaanbaatar was among the cities with the worst air and Urban Development. quality in the world and that ger households were the main cause, and the main casualties, Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: 30 of Under air pollution. Air pollution levels in Ulaanbaatar are particularly highresponsibilities during the winter the Redevelopment Law Article 11, the Capital City Governor’s are to: o months when temperatures can reach -30 C. Due to the lack of access to heating,Plan ger area  Initiate projects based on the General Development Plan, Land Development and residents, particularly in General gers, areDevelopment forcedactivities; to burn wood, coal and, in some poorer the generalthose plansliving andthe implement those  sub-project Initiate projects based on Plan, Land Development Plan and 31 families, old tires and plastics, in order to stay warm. Other key sources of air pollution the sub-project general plans and implement those activities; include powerfinancing plants, heat-only boilers andand car programs exhaust. 32being implemented with local state  Resolve sources for projects funding;  Resolve financing sources for projects and programs being implemented with local state funding;  Select a project implementer; Ulaanbaatar’s city is hard – but Mongolians won’t give up their gers, The Guardian, 3 September  Selecttent a project implementer; 2014, available at www.theguardian.com/cities/2014/sep-03/mongolia-ulanbaatar-ger-yurt-tent-city  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; Conclude tripartite agreement forLaw project implementation and ensure 28  Article 4.1.2 of athe Urban Redevelopment defines ger areas as a “dwelling area implementation with gers and of the agreement; houses without full social and engineering infrastructure”.  Ensure community participation by promoting and publicizing projects, programs and 29 Statistics Office, United Nations Population Fund (UNFPA) and The United and plans to the National public, and receive feedback complaints; Mongolian Ensure community participation by and promoting and publicizing projects, programs Nations Children's Fund works for children's rights, survival, development and protection (UNICEF) plans to the public, and receive feedback and complaints; “Mongolia: Social regeneration Indicator Sample Survey (SISS) 2013 Keywith Findings,” June 2014, available at  Implement activities in accordance governmental orders; The percentage of households with microdata.worldbank.org/index.php/catalog/2535/download/36784.  Implement regeneration activities in accordance with governmental orders; electricity in Ulaanbaatar is 98.4%.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity. 30  a legal Conclude tripartite agreement with a citizen who the land and/or real risks, estate owner World Bank, AiraQuality Analysis of Ulaanbaatar: improving airisquality to reduce health and a legal entity. Discussion Paper V1 66082, December 2011, available at: wwwUnder Article 24.3, the Capital City Governor also has the authority to organize measures for wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/01/16/000386194_2012011602 the continuation and completion a project in cases where project is Under Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for 5654/Rendered/PDF/660820v10revis00Mongolia0Report0Web.pdf declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion 31 HlerGudjonsson, Displaced Mongolian herders destined for life of deprivation in urban slums, declared insolvent by the courts. International Federation of the Red role Cross, April 2016, available and at: www.ifrc.org/en/news-andThe Ulaanbaatar City Council’s is 6primarily to monitor ensure that the Capital City media/news-stories/asia-pacific/mongolia/displaced-mongolian-herders-destined-for-a-life-of-deprivationGovernor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital in-urban-slums-72090 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves the required development and redevelopment documentation, allocates 32 Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag World Bank, Air Quality Analysis of Ulaanbaatar: improving air quality to reduce health risks, city funding toPaper resolve budget for urban development projects and plans, monitors allocates councils) approves the required development andat:redevelopment documentation, Discussion V1 the 66082, December 2011, available wwwfunding to resolve the budget for urban development projects and plans, monitors wds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2012/01/16/000386194_2012011602 5654/Rendered/PDF/660820v10revis00Mongolia0Report0Web.pdf

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or The main causes soil pollution in Ulaanbaatar micro-districts, gerofareas and old parts of the city.include the increasing number of vehicles, industrial waste, pitRedevelopment latrines used byLaw, ger area residents. 33 City Residents living in gers or Under Article 10 and of the the Ulaanbaatar Council makes the final houses intoger areas which are linked to taken sewerage pipesbyrely on pit latrines andthe access Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes finalto decision approve, or not, thenot work being forward the Capital City Governor public toilets. According tolocation, the work 2010 Population and Housing Census, less than half, 42.4%, decision todeciding approve, or the not, the being forward Capital City Governor including on size andtaken intended useby ofthe the land for a redevelopment 34 of houses/buildings nationwide had indoor Inimplementation. ger areas majority of including deciding on thefrom location, size andtoilet intended use of the land for athe redevelopment area, approving funding the city budget, andfacilities. monitoring When the residents pitfunding latrines either their khashaa communal latrines located to nearby. This area, approving theon city budget, andormonitoring implementation. When council is use in recess, thefrom Ulaanbaatar City Council Presidium has the authority fulfilthe these can leadisto number of Ulaanbaatar health risks City including hepatitis A, dysentery, salmonella infections council inarecess, the Council Presidium has the authority to fulfil these roles. and diarrhoea. 35 roles. At the national level, the MCUD is responsible for state-level policy and overseeing At theTHE national level, MCUDAGENDA isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures 2.2 REDEVELOPMENT compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority Until recently ger areas in Ulaanbaatar were viewed by the government as temporary level for selecting areas redevelopment and implementing projects and has the authority to cancel authorization for a redevelopment project if they rule that the tender process was accommodation and were neglected in terms of planning and development, including access 110 to cancel authorization for a redevelopment project if they rule that the tender process was not carried out in accordance with the regulations. The Ministry also arranges guidance to essential services such as water, sanitation and heating. Starting in the year 2000, the 110 not out inurban accordance the and regulations. The arranges guidance andcarried support for implements and monitors priority projects, program policy toward ger areasredevelopment beganwith to shift to recognize them asMinistry areas ofalso both permanent and 36 and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level. temporary residence. This shift reflected the increasing impact the ger areas were having on and at the state level. the plans environment and the health of Ulaanbaatar residents. In 2008, the Mongolian parliament (State Great Khural) passed an Urban Development Law Amnesty city International interview withAccording Ministry of to Construction and Urban 14 Marcha to regulate and town planning. this law, cities and Development, towns must develop 110 Amnesty Internationalplan. interview Ministry of Construction andplan Urban 2016. general development The with current general development forDevelopment, Ulaanbaatar14isMarch the 2016. â&#x20AC;&#x153;Ulaanbaatar 2020 Master Plan and Amendments and Development Approaches for 2030â&#x20AC;? (Master Plan) which was approved by the Ulaanbaatar City Council and the Parliament in 2013. 37 110

The three main types of redevelopment projects for residential housing are: ger area redevelopment; redevelopment of inadequate public housing not complying with operational requirements; and community-initiated redevelopment. 38 Each of these is managed by a

B. Dulguun, Poor outhouse management increases risk of infectious disease outbreak, UB Post, 8

April 2016, available at: ubpost.mongolnews.mn/?p=19169 34

Mongolian National Statistics Office, Main findings of the 2010 Population and Housing Census,

available at: en.ubseg.gov.mn/content/49 35

B. Dulguun, Poor outhouse management increases risk of infectious disease outbreak, UB Post, 8

April 2016, available at: ubpost.mongolnews.mn/?p=19169. A World Bank 2013 survey showed 50.6% of children under five in Ulaanbaatar had sought advice or treatment for diarrhoea in the last two weeks from a health facility or provider. Available at: microdata.worldbank.org/index.php/catalog/2535 36

Amnesty International interview with UN-Habitat, 16 March 2016.

GADA (current GAIA), Operational report of the Capital City Ger Area Development Agency 2014, p77;

unofficial English language translation on file with Amnesty International. The GADA Operational Report is a biannual report produced by GAIA updating progress on ger area redevelopment subprojects. Ger area redevelopment plans were approved by the City Council resolutions 7/29 and 12/43 in 2013 and resolution 14/02 in 2014. 38

Under the Redevelopment Law a fourth area of redevelopment is to bring existing built-up areas into

line with the Master Plan and other development and redevelopment strategies and plans.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development different agencyon under theincluding Ulaanbaatar City Mayor’s Office. projects based the sub-project general plans projects; of development  Organize activities, allocation ofand landdevelopment and implementation projects based on the sub-project general plans and development projects; Implementation of the ger area redevelopment by the Ger Area  Appoint a General Architect for the capitalproject city forisa overseen term of four years; Infrastructure (GAIA), whichforwas December  AppointAgency a General Architect theestablished capital cityon for22 a term of four2012 years;and prior to 2016 was known as the Ger Area Development Agency GAIA which servesmust as thebe headed  Establish a Department of Urban Development and(GADA). Construction Secretariat to the Steering Committee, which was up under the Ulaanbaatar City by General Architect; the Establish a Project Department of Urban Development and set Construction which must be headed Mayor’s with responsibility for overseeing and monitoring the ger area redevelopment by the Office General Architect; 39 project. The ger redevelopment 24 locations in eight districts  Oversee the area development of the project Generalcovers Development Plan for the capital city and make 40 comprising 75 subprojects and covering approximately 1,500ha or 16,109 sites. amendments and revisions;  Oversee the development of the General Development Plan for the capital cityThis and make represents 14-15% of Ulaanbaatar territory and affects 9% of the city’s population. 41 In amendments and revisions; March 2016,processes GAIA officials told Internationalland thatusage 54 sub-projects have been  Monitor related toAmnesty urban development, and protection; 42 completed and 25 are under construction. However, in a letter dated 7 September  Monitor processes related to urban development, land usage and protection; 2016, the City General Planning Agency noteddevelopment that as of September 2016, of the 75  Deliver an annual report on urban activities to the Ministry ofsub-projects, Construction the plans for 44 had been approved; six had not been approved. Also, private developers in and Urban Development. Deliver an annual report on urban development activities to the Ministry of Construction ten sub-project areas had had their authorization cancelled, and that private developers had and Urban Development. 43 not been for 15 sub-project Under theselected Redevelopment Law Articleareas. 11, the Capital City Governor’s responsibilities are to: Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: The City General Planning (GPA) oversees the redevelopment of buildings Plan that have  Initiate projects basedAgency on the General Development Plan, Land Development and been classified as inadequate public housing not complying with operational requirements the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and (inadequate publicgeneral housing), which apartment buildings that have been assessed to the sub-project plans and means implement those activities; be unsafe and/or structurally unsound. Under Article 15.1 of theimplemented 1999 Housing is  Resolve financing sources for projects and programs being withLaw, localit state 44 prohibited to use any inadequate public housing. The GPA is currently implementing 85 funding;  Resolve financing sources for projects and programs being implemented with local state projects to redevelop inadequate public housing buildings. 45 funding;  Select a project implementer;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation 39 are nine districts in Ulaanbaatar, districts and three rural ger area of the agreement; There Conclude a tripartite agreementsix forcentral project implementation anddistricts. ensure The implementation redevelopment project has sub-projects in all six central districts and two of the rural districts. of the agreement;  Ensure community by promoting publicizing projects, programs and to 40 List of issues in relation participation to the fourth periodic review ofand Mongolia Addendum: Replies of Mongolia plans to the public, and receive feedback and complaints;  Ensure community participation by promoting and publicizing projects, programs and the list of issues, 12 May 2015, p14, available at: plans to the public, and receive feedback and complaints; tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fMNG%2fQ%2e  Implement regeneration activities in accordance with governmental orders; 4%2fAdd.1&Lang=en  Implement regeneration activities in accordance with governmental orders; 41 M. Enkhbaatar: it iswith necessary to understand that ger and/or area development a huge  Democracy ConcludePaper, a tripartite agreement a citizen who is the land real estateis owner scheme, 21 August 2015, No. 136/2259; Daily News, Bat-Uul, Mayor introduces ger re-planning and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner project, March 2016, pp1&5; on file with Amnesty International. and a24 legal entity. Under Article 24.3, theinterview Capitalwith CityGAIA, Governor also has the authority to organize measures for 42 Amnesty International 15 March 2016. theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for 43 City General Planning Agency letter to Amnesty International, 7 September 2016, Ref 09\2588; declared insolvent by courts. the continuation andthe completion of a project in cases where the project implementer is unofficial English language translation on file with Amnesty International. declared insolvent by the courts. The Ulaanbaatar City Council’s role is Parliament primarily to and ensure that the City 15 44 Housing Law, passed by the Mongolian on monitor 22 April 1999 and amended onCapital 2 February, Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital May 2003 and 18 June 2003; 27 January 2005; 29 June 2006; 9 February 2011, and 23 JanuaryCity and Under Article 8 of the Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 4 December 2015;on fileDevelopment with Amnesty International. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city 45 Amnesty interviewfor with GPA,development 21 March 2016. There may othermonitors projects to re-house funding to International resolve thethe budget urban projects and be plans, councils) approves required development and redevelopment documentation, allocates residents living in structurally unsound buildings but which are not being overseen by the GPA. For funding to resolve the budget for urban development projects and plans, monitors example, if there is no tripartite agreement – a contract signed between the landowner or possessor, the private developer and the Governor outlining the terms of the resettlement and compensation package

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or The community-initiated redevelopment is overseen by the Ger Area Housing Project micro-districts, ger areas and old parts ofproject the city. (GAHP). These10 areofredevelopment plans Law, in gerthe areas which areCity initiated by makes communities to Under Article the Redevelopment Ulaanbaatar Council the final develop their ownofarea. There eight GAHP plans but none have been City implemented as of Under Article 10 the Redevelopment Law, the Ulaanbaatar City Council makes the final decision to approve, or not, theare work being taken forward by the Capital Governor the July to 2016. Theon GAHP also tasks related to by ensuring community participation in decision approve, or the not,location, the has workother being taken forward Governor including deciding size and intended use ofthe theCapital land forCity a redevelopment areas affected byfunding the area redevelopment project. including deciding on ger thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these This focuses the first two of redevelopment: redevelopment and council is in recess, the on Ulaanbaatar Cityareas Council Presidium has ger the area authority to fulfil these roles.document the redevelopment of inadequate public housing, overseen by GAIA and the GPA respectively. roles. These projects represent theisbulk of the redevelopment that overseeing affects residents’ At the two national level, the MCUD responsible for state-levelagenda policy and right adequate housing. At thetonational level, the MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas redevelopment and implementing projects and has the authority to cancel authorization for a redevelopment project if they rule that the tender process was 2.3 FINANCING REDEVELOPMENT 110 to cancel authorization for a redevelopment project if they rule that the tender process was not carried out in accordance with the regulations. The Ministry also arranges guidance Financing for redevelopment projects comes from state budget, capital city budget, issuances 110 not carried accordance with the and regulations. The Ministry also arranges guidance andgovernment supportout forin urban redevelopment implements and monitors priority projects, program of bonds, and from private developers. The government’s main budget allocation and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level. for ger area redevelopment is for laying the infrastructure for water, heating, sanitation and and at to theconnect state level. roadplans works, the new buildings to basic services. Private developers, referred to as project implementers, selected by the government to 110 Amnesty aInternational interview with for Ministry of Construction and Urban Development, implement redevelopment project ger areas or inadequate public housing are14 March 110 46 Amnesty International interview with Ministryproject. of Construction and Urbanfunds Development, March 2016. responsible for financing the construction This includes to cover14 temporary 2016. resettlement and compensation. Typically, the private developer is responsible for constructing apartment buildings and aims to recover the costs by building more apartments than are needed to re-house affected residents and selling the extra apartments. The economic downturn has negatively impacted both the government’s and private developers’ ability to fund the redevelopment agenda. This applies to both the ger area redevelopment and redevelopment of inadequate public housing. For example, in 2015, 5.9 billion Mongolian Tughrik (2.8 million USD) from the issuance of government bonds, called Chinggis Bonds, was approved for financing infrastructure construction and engineering preparatory works for a ger area redevelopment sub-project in the 7thkhoroo (administrative unit) of Chingeltei district but not made available due to the economic downturn. 47 Some project implementers have also run into financial difficulty which means that their projects have stalled or have not been able to get started. For example, ger area landowners and possessors in the 9th and 10thkhoroos of Chingeltei district signed agreements with the private developer selected to carry out redevelopment in their area in 2013 but the project stalled because, according to the residents, the private developer has run into financing

agreed - then the government does not guarantee the process or mediate in the case of disputes. 46

Urban Redevelopment Law, Article 23.1.3.

Parliamentary Standing Committee on Complaints, Report of the Working Group on Improvement of

Ger Area Conditions and Progress of Redevelopment Planning Projects in Accordance with Complaints Received by Residents to the Parliamentary Standing Committee on Complaints”, 2015; unofficial English language translation on file with Amnesty International.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development 48 problems. Onon 30 June 2016 thegeneral then-Capital and projects; Ulaanbaatar City Mayor projects based the sub-project plansofCity and development  Organize activities, including allocation landGovernor and implementation of development issued a Decree cancelling authorization of the private developer for not having projects based on the sub-project general plans and development projects; carried out any work for up to six months andfor forthe committing “repeated serious violations”. 49  Appoint a General Architect capital city for a term of fouroperational years;  Appoint a General Architect for the capital city for a term of four years; International also play a and role Construction in Ulaanbaatar’s redevelopment  Establishdevelopment a Departmentorganizations of Urban Development which must be headed agenda through capacity building, technical assistance, and/or direct engagement in bythe Establish General Architect; a Department of Urban Development and Construction which must be headed redevelopment projects. Key players providing technical and other support are the Japan by the General Architect; 50 International Cooperation Agency (JICA), UN-Habitat, and the hascity provided  Oversee the development of the General Development PlanADB. for theJICA capital and make extensive technical assistance since 2007 including providing technical advice for amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make developing the Master Plan. amendments and revisions;  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection;  Deliver an annual report on urban development activities to the Ministry of Construction 48 Amnesty International interview with ChingelteiSarwol Resident’s Committee to Support the Ger Area and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction House Project, which represent residents in the 9th and 10thkhoroos of Chingeltei, 7 December 2015. and Urban Development. 49 Under the A/568 Redevelopment Law Article theCity Capital Cityand Governor’s responsibilities to: Decrees and A/572 issued by the 11, Capital Governor Ulaanbaatar City Mayor, 30are June Under the Redevelopment Law Article 11, thewith Capital CityInternational. Governor’s responsibilities are to: 2016; unofficial English language translation on file Amnesty  Initiate projects based on the General Development Plan, Land Development Plan and 50 is not an extensive list. Other international development agencies such as The World Bank and theThis sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and German Agency for Technical Cooperation have initiated or supported projects to reduce pollution in ger the sub-project general plans and implement those activities; areas or been involved in other housing improvement projects in ger areas in Ulaanbaatar. The ADB told  Resolve financing sources for projects and programs being implemented with local state Amnesty International that they are working with the capital city government to develop the infrastructure funding;  Resolve financing sources for projects and programs being implemented with local state to build sub-centres outside the city centre to reduce congestion and increase the supply of affordable funding; housing. The resettlement of residents affected by the ADB-led infrastructure development falls under  Select a project implementer; the ADB’s own standards and guidelines for resettlement. This means that, unlike other areas that fall  Select a project implementer; under the capital city government’s redevelopment agenda, all residents including non-landowners and  Conclude a tripartite agreement for project implementation and ensure implementation possessors are involved in the consultation and eligible for compensation. Bilateral and multilateral of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation donors have a responsibility to ensure that they do not support projects and programmes that lead to, or of the agreement; contribute to, violations to the right to adequate housing, including forced evictions.  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Implement regeneration activities in accordance with governmental orders;  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment Redevelopment often requires some amount of relocation of people. However, any eviction including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the must be carried out in line with Mongolia’s obligations under international human rights law area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these and standards. The possibility of removing people - landowners and possessors and noncouncil roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these landowners and possessors alike- from their land and housing for redevelopment without roles. adequate protection from forced eviction does not meet international human rights standards. At the national level, the MCUD is responsible for state-level policy and overseeing Protection includes the inclusion of all parties in genuine consultation and safeguards to At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures ensure that there are no forced evictions and that nobody is left homeless as a result of compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority evictions. Particularly worrying is the lack of clarity in current legislation and procedures level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was about the process for project implementers to acquire the land if landowners and possessors to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance refuse to sign a tripartite agreement. 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. GAIA officials informed Amnesty International that there have been no cases of evictions with and plans at the state level. reference to the redevelopment process. However, this was difficult to verify as the Court Decision Enforcement Agency (CDEA), which is responsible for implementing court decisions including carrying out evictions, told Amnesty International that they do not keep records of 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March evictions they carry out. 51

3. SHORTCOMINGS

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110

2016.

According to the Land Law, eviction from residential land may only take place between 15 May and 15 September. 52 However, the limitation on when evictions can be carried out is undermined by a provision in the Law on Court Decision Enforcement Agency that states evictions can take place at any time of the year, with possible exceptions being granted during winter. 53 Despite the government’s claim that no evictions have taken place, two Amnesty International staff members witnessed an eviction carried out in a redevelopment affected area in early March 2016 when temperatures in Ulaanbaatar are averaging below 0°C.

3.1 NO RIGHTS FOR NON-LAND OWNERS AND POSSESSORS A key component to ensure that forced evictions do not take place is genuine consultation with all affected residents. However, under the existing Mongolian laws and policies only the landowner or possessor, specifically the person whose name is on the title deed, has any rights, including the right to be consulted and to receive compensation. 54

Amnesty International interview with Court Decision Enforcement Agency, 14 March 2016.

Land Law, article 42.4.

Article 68.6 of the Law on Court Decision Enforcement Agency, passed by the Parliament on 10

January 2001 and amended on 12 April, 13 June and 4 July 2002; 2 January and 30 May 2003; 7 July 2005; 2 and 3 August 2007; 3 December 2009; 10 June and 2 December 2010; 17 August 2012; 5 July 2013; 16 January and 5 December 2014; 5 February 2015; 3 December 2015, and 4 February 2016. 54

Articles 3.1.2, 3.1.3 and 3.1.4 of the Land Law provide definitions of land ownership, possession and

use. Owning land means “to be in legitimate control of the land with the right to dispose of the land”;

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28 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project plans and projects; Landownership or possession of a general khashaa canof be in development the of more thanofone person but it  Organize activities, including allocation land andname implementation development is projects commonbased that the will be in the name plans of theand head of the household, or the person who on title the sub-project general development projects;  Appoint a General Architect for 55 the capital city for a term of four years; had time to get the paperwork done.  Appoint a General Architect for the capital city for a term of four years;  Establish Department of Urban and Construction which must family be headed Residents whoado not hold titles to theDevelopment land or real estate they occupy, including bythe Establish General Architect; members and extended family of households, are reliant and on the landowner which or possessor toheaded a Department Urban Development Construction must be protect interests. If the landowner or possessor is unwilling or unable to negotiate a by thetheir General Architect;  Oversee the development of the General Development Plan for the then capital andmust make compensation package that provides for the extended family members thecity family amendments and revisions; make alternative arrangements. According to GAIA, in cases where there is an extended  Oversee the development of the General Development Plan for the capital city and make family living on and a khashaa it is up to the landowner or possessor to negotiate compensation amendments revisions; 56 as they can. People whoto areurban renting also have no voice in the  best Monitor processes related development, land usage andredevelopment protection; process.  Monitor processes related to urban development, land usage and protection; Currently there are no special measures to ensure equal participation of all and consultation  Deliver an annual report on urban development activities to the Ministry of Construction with those affected by the redevelopment in specific and different ways including women, the and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction 57 elderly, youth and people with disabilities. For example, while the Development Law and Urban Development. includes clause to ensureLaw thatArticle new infrastructure must include conditions for easy access Under thea Redevelopment 11, the Capital City Governor’s responsibilities are to: forUnder peoplethe with disabilities, there is no provision requiring consultation on the planning and Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: design of theprojects new infrastructure with peopleDevelopment with disabilities may not be title Plan holders  Initiate based on the General Plan,who Land Development andbut would nevertheless be affected by the redevelopment. If the landowner or possessor Plan fails and to the sub-project general plans on and implement those activities; Initiate projects based the General Development Plan, Land Development raise issues or negotiate to obtain needed provisions for any disabled person living in their the sub-project general plans and implement those activities; khashaa or home, then sources there is for no projects other wayand forprograms that disabled to engage in local the state  Resolve financing beingperson implemented with 58 process. funding;  Resolve financing sources for projects and programs being implemented with local state funding; The Redevelopment also does not explicitly recognize that different groups may be  Select a project Law implementer; affected differently by redevelopment  Select a project implementer; and make provisions to ensure that their rights are equally protected. This should cover the full spectrum of affected persons,  Conclude a tripartite agreement for project implementation and ensureincluding implementation of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; possession is community to “be in legitimate control of land in accordance with theprojects, purpose ofprograms its use and terms  Ensure participation bythe promoting and publicizing and and specified in receive respective contracts”; and to useand landpublicizing is “to undertake a legitimate andand plans to the public, and feedback complaints;  conditions Ensure community participation by and promoting projects, programs concrete activity to makeand use of some of the land’s characteristics plans to the public, receive feedback and complaints;in accordance with contracts made with the owners orregeneration possessors of activities the land. in accordance with governmental orders;  Implement Implement regeneration accordance governmental 55  Amnesty International interview activities with Steps in Without Borders,with 14 March 2016. orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 56 International interview with GAIA, 15aMarch 2016. and a legal entity. Amnesty Conclude a tripartite agreement with citizen who is the land and/or real estate owner 57 and a legal entity. The General Administrative Law was adopted by the Mongolian Parliament on 19 June 2015 and Underinto Article the 2016. CapitalAlthough City Governor has the authority to organize for came effect24.3, on 1 July this law also has some provisions to ensure citizens’measures involvement, the continuation and completion of a project in cases where the project implementer is Under Article 24.3, the Capital City Governor also has the authority to organize measures including organizing hearings to inform and get citizens’ opinion in the administrative decision-making for declared insolvent the courts. the continuation and completion of fully a project in cases where the project implementer is process and planning,by but it has yet to be implemented. declared insolvent by the courts. 58 International interview with Independent Living Centre, 2 November 2015, and TheAmnesty Ulaanbaatar City Council’s role Songino is primarily to monitor and ensure that the Capital City interview with the Business Incubation Centre for for Persons Disabilities, 4 November 2015. Although Governor is fulfilling his/her responsibilities implementing theensure redevelopment agenda. The Ulaanbaatar City Council’s role is primarily to with monitor and that the Capital City it is notArticle fully is explored in this paper, special measures be required to ensure equal participation. Under 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor fulfilling his/her responsibilities formight implementing the redevelopment agenda. For example, the World Bank has reported that headed by women are significantly more councils) approves required development and redevelopment documentation, allocates Under Article 8 ofthe the Development Law,households the Ulaanbaatar City Council (and aimag city likely to be in financial stress than households headed by men. Bank,and Mongolia - Gender disparities in funding to resolve thethe budget for urban development projects plans, monitors councils) approves required development and World redevelopment documentation, allocates labor markets policy suggestions, at: funding to and resolve the budget for2013, urbanavailable development projects and plans, monitors documents.worldbank.org/curated/en/2013/01/17694501/mongolia-gender-disparities-labor-marketspolicy-suggestions

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or marginalized groups. When should micro-districts, ger areas andnecessary old partsthis of the city. be done through the adoption of special measures or procedures. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision to approve, or not, the work being taken forward by the Capital City Governor including deciding on the location, size and intended use of the land for a redevelopment 3.2 RISK OF HOMELESSNESS including on theand location, sizebudget, and intended use of the for aindividuals, redevelopment area, approving funding from the city andno monitoring implementation. When the Under thedeciding existing laws procedures there are processes toland protect area, approving funding from the city budget, and monitoring implementation. When council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfilthe theseto especially renters, and non-landowners and possessors, from forced eviction or safeguards council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. ensure that they are not left homeless as a result of redevelopment. This applies to both ger roles. area redevelopment and redevelopment of inadequate public housing. At the national level, the MCUD is responsible for state-level policy and overseeing At the national level, MCUD responsible for state-level policy andproject overseeing compliance with the the legislation. The Ministry any procedures developed at the local Landowners and possessors can is also be at riskapproves of homelessness if the implementer compliance with the legislation. The Ministry approves any procedures developed at the local level for selecting areas for redevelopment and implementing projects and has the fails to fulfil its obligations under the bilateral and tripartite agreements to provide authority temporary level for selecting areas redevelopment and implementing projects and has the authority to cancel authorization for a redevelopment project if they rule that the tender process was accommodation or new housing. This is particularly pertinent for cases where the landowner 110 to cancel authorization for a redevelopment project if they rule that the tender process was not carried out in accordance with the regulations. The Ministry also arranges guidance has handed over their land or apartment to the private developers and is receiving rent money 110 not carried out accordance with theuntil regulations. The also arranges guidance andpay support forinurban redevelopment and implements andMinistry monitors priority projects, program to for temporary accommodation the new building is ready. The economic downturn, and support for urban redevelopment and implements and monitors priority projects, program and plans at the state level. among other reasons, has meant that some project implementers have not been able to and planswith at the state level.Several families told Amnesty International they feared that they proceed construction. would be made homeless because construction was delayed for financial reasons which could mean that companies would be unable to continue to pay rent money for temporary 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March accommodation. Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110

2016.

RESIDENTS MADE HOMELESS IN SUKHBAATAR DISTRICT Redevelopment plans have gone badly wrong for residents of Building #3, an old, dilapidated building located in the 10thkhoroo of Sukhbaatar district. Their building became uninhabitable after heating pipes, windows and door were removed and rubbish dumped inside the building. Five households, including a man with disabilities and a family with young children spent the winter of 2015/16 in the building without central heating. Winter temperatures in Ulaanbaatar can reach -30Â°C. In early 2015, residents of Building #3, a two-storey, 51-apartment building with no toilets or running water, were approached by a private developer who proposed tearing down the existing building and construction of a new apartment block. It was an attractive offer and between April and July 2015 at least 28 households from Building #3 negotiated a resettlement and compensation package with the private developer and moved out of the building. These residents were given a lump sum of money to cover rent costs for one year while the new apartment block was being constructed. Some households, however, were sceptical and did not negotiate for a new apartment with the company. This was not the first time a company had approached residents with promises to provide new accommodation that had not materialized. To show their willingness to move and to encourage others to move, the company asked residents to remove the windows and front door of their apartments. After several households did this, the building was further vandalized for pipes and materials and rubbish was dumped in the building. Radiators and central heating pipes were removed even though a number of households who had not agreed to move were still living in the building, as well as some households who were renting. Some residents told Amnesty International that the heating pipes were removed by representatives from the company but Amnesty International has not been able to independently verfiy this. The city government authorities did take steps to notify residents that the company seeking to negotiate with residents was not the same company which had been given authorization to carry out the construction, including in a letter to residents dated 22 April 2015. However, when Amnesty Internnational interviewed

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30 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the and sub-project and development  activities, including land and implementation of development residentsOrganize between March May 2016,general notallocation all ofplans themofhad been aware of theprojects; letter or that the company was projects based on the sub-project general plans and development projects; not authorized to negotiate with them at the time of signing.  Appoint a General Architect for the capital city for a term of four years;  Appoint a General Architect the and capital citymoney for aran term four years; After a year had passed construction had for stalled the rent out.ofWithout rent money families had  Establish a Department of Urban Development and Construction which must be headed to choose between staying with relatives, paying rent for alternative accommodation at their own expense, or bythe Establish General Architect; a Department of Urban Development and Construction headed moving back into Building #3. For some households, moving back to Building #3 waswhich not an must option be because, in by the General Architect; addition to no heating, their apartment has no front door or windows and is therefore uninhabitable.  Oversee the development of the General Development Plan for the capital city and make amendments and revisions;  Oversee development of the Development Plan man for the capital and make Among those who the did not sign a deal with the General private developer is a disabled confined to acity wheelchair. amendments and revisions; He spent the winter in buidling #3 and told Amnesty International he would rather stay in his own flat than be  Monitor processes related to urban development, land usage and protection; a burden to his relatives. Four other households were in the same situation, stuck in Building #3 during the  Monitor processes related to urban development, land usage and protection; winter of 2015/16 with nowhere else to go. At least nine households that did not sign with the private  Deliver an annual report on urban development activities to the Ministry of Construction developer moved out during the winter at their own expense because the conditions in Building #3 were and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction intolerable. But as the weather warmed beginning in April 2016, five households moved back because the cost and Urban Development. of paying rent for alternative housing was too high. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Residents who stayed during the winter relied on stoves and electric heaters to keep warm. But they have  Initiate projects based on the General Development Plan, Land Development Plan and since received electricity bills they cannot afford to pay, leaving the building residents at further risk of having the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and their electricity cut. the sub-project general plans and implement those activities;  Resolve financing sources for projects and programs being implemented with local state Residents have made numerous and frequent appeals to different local government authorities calling for the funding;  Resolve financing sources for projects and programs being implemented with local state central heating to be reconnected and repairs made to the building. Residents also submitted a claim to the funding; Administrative to implementer; have the private developer’s authorization to carry out the construction revoked. 59 The  Select a Courts project private developer has appealed the case to the Supreme Court at the time of writing. The government initially  Select a project implementer; refused to take any responsibility, claiming that they do not guarantee the process or mediate in disputes  Conclude a tripartite agreement for project implementation and ensure implementation unless the residents have signed a tripartite agreement – a contract between the apartment owner, the of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation private developer and the Capital City Governor outlining the terms of the resettlement and compensation of the agreement; agreed.  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and Amnesty raised issue via an urgentand appeal (Urgent Action: 77/16 Index: ASA 30/3743/2016) plans International to the public, andthereceive feedback complaints; in 2016 and regeneration an update in September on the Capital Citygovernmental Governor to provide emergency,  March Implement activitiescalling in accordance with orders; alternative and adequate accommodation to be provided for all households from Building #3 who need it and  Implement regeneration activities in accordance with governmental orders; 60 met with the Chair of the City Council on 13 June 2016 to reiterate these calls.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner Onand 24 June the Capital a legal entity.City Governor signed Decree A532 which agrees to provide alternative accommodation Under Article 24.3, the Capital City Governor also has the authority to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for 59 Thiscontinuation court case is against the private of developer which was granted carry out the redevelopment declared insolvent by courts. the andthe completion a project in cases wheretothe project implementer is of inadequate Building #3 in the 10th khoroo of Sukhbaatar district. The residents in declaredbuildings, insolventincluding by the courts. this claim thatCity the private developer fraudulent documents obtain that the authorization carry The case Ulaanbaatar Council’s role isused primarily to monitor andtoensure the Capital to City out the Ulaanbaatar redevelopment. This court caserole is not against thetoprivate developer which that negotiated bilateral Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda. The Council’s is primarily monitor and the Capital City agreements with and which didLaw, not have toCity carry out redevelopment the (and redevelopment in that Under Article 8residents of the Development the authorization Ulaanbaatar Council aimag city Governor is fulfilling his/her responsibilities for implementing the agenda. area. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve the budget for urban development projects and plans, monitors councils) approves the required development and redevelopment documentation, allocates 60 See further, Amnesty International, Mongolia: 200 people face imminent risk of homelessness (Index: funding to resolveonthe for urban development projects monitors on 8 ASA 30/3743/2016) 31budget March 2016 and further Information (Index:and ASAplans, 30/4793/2016) September 2016.

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 31 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 31 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, and old parts of theincity. for 10 households ger - theareas number of households living Building #3 at the time of writing, to resolve the matter Under Article 10 of the Redevelopment Law, the Ulaanbaatar makes the61final of the project implementer and initiate the selection process for a new one,City andCouncil to seal the building. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final decision to approve, or not, the work being taken forward by the Capital City Governor However, on 29 June local elections were held in which the Governor and the ruling party were defeated, decision to approve, or not, the work being taken forward by the Capital City Governor including deciding on the location, size and intended use of the land for a redevelopment putting this process into question. As of writing, no households from Building #3 have been provided including deciding on location, sizebudget, and intended use of the land for a redevelopment area, approving funding from theaccommodation. city and monitoring implementation. When the emergency, alternative andthe adequate area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these While Amnesty International welcomes the commitment to provide temporary accommodation to 10 roles. households, the remaining affected households who are either staying with relatives or having to pay rent for At the national level, the MCUD is responsible for state-level policy and overseeing alternative accommodation at their own expense also require emergency, alternative and adequate housing. At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority The government must ensure that any violation of the right to adequate housing by “third parties” such as level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was landlords or private developers are prevented. Where such infringements occur, the relevant authorities, in this to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance case the Capital City Governor’s Office, should act to prevent 110any further deprivations and guarantee affected not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program persons access to legal remedies or redress for any infringement of their rights. The authorities must provide and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. emergency, alternative and adequate housing to all those who cannot provide for themselves and ensure that and plans at the state level.

no one is left homeless or at risk of human rights violations as a result of an eviction.

3.3Amnesty VOLUNTARY OR INVOLUNTARY RESETTLEMENT International interview with Ministry of Construction and Urban Development, 14 March 110

There is lack of clarity among residents, NGOs and public officials alike as 14 to March whether Amnesty International interviewsome with Ministry of Construction and Urban Development, 2016. landowners can refuse to sign an agreement with the project implementer and remain on 2016. their land even where the project has obtained support of 80% of other landowners in the area. 110

Both residents and NGOs told Amnesty International that any landowner or possessor who failed to sign a tripartite agreement after the 80% threshold was reached would face eviction with little compensation (previously the ger area guidelines put the threshold at 75%). Some residents thought there was a risk of receiving no compensation if they refused to sign an agreement with the project implementer. As evidence, residents and NGOs pointed out that although Article 4.17 of the Ger Area Operational Procedures state that signing a bilateral and tripartite agreement is voluntary, the Procedures also state that any landowner or possessor who refuses to sign a tripartite agreement shall be compensated the value of their land/real estate and evicted. 62 (see appendix section 2 for more details) The NGO Forum, which represents a number of NGOs in Mongolia, stated in their submission to the UN Committee on Economic, Social and Cultural Rights ahead of the Committee’s review of Mongolia in June 2015: “According to the regulation, the [redevelopment] project is to start if an agreement is reached with 75% of land and immovable property owners or possessors who reside on the lands planned for redevelopment, thus making it unnecessary to strike a deal with the remaining 25% of the stakeholders. The latter may be forced to relinquish their lands in return for a compensation even [if] the owner does not

Decree A532 issued by the Capital City Governor and Ulaanbaatar City Mayor, 24 June 2016;

unofficial English language translation on file with Amnesty International. 62

Ger Area Operational Procedures, Article 4.16.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development 63 accepton [sic]”. projects based the sub-project general plansofand projects; of development  Organize activities, including allocation landdevelopment and implementation projects based on the sub-project general plans and development projects; In 2015,a Ts. Davaasuren MPfor spoke to the media theof80% quota saying:  July Appoint General Architect the capital city forabout a term four years;  Appoint a General Architect for the capital city for a term of four years; “In recentayears, people’s been intruded upon and taken away....If activities  Establish Department of lands Urbanhave Development and Construction which must be headed to Establish attack citizen’s propertyofbecome widespread then should amend themust law be headed bythe General Architect; a Department Urban Development andwe Construction which People who invested all their money into building their own houses have to by immediately. the General Architect; free theirthe land because of of thethe decision by 80% of people”.  Oversee development Generalmade Development Plan for the64capital city and make amendments  Overseeand therevisions; development of the General Development Plan for the capital city and make The understanding refusal to sign an agreement may nonetheless result in eviction has amendments andthat revisions; been reinforced by comments by public officialsland calling for and moreprotection; robust regulation to  Monitor processes related made to urban development, usage make it easier to evict people in redevelopment affected areas. Speaking to the media in  Monitor processes related to urban development, land usage and protection; 2013, the then-Capital City Governor in the interview called of forConstruction regulations  Deliver an annual report on urban(cited development activitiesastoMayor) the Ministry to allow the capital city government to appropriate land for redevelopment noting and Urban Development.  Deliver an annual report on urban development activities to the Ministry of that: Construction and Urban Development. “ifthe a decision is not made the policy level shortly, city authorities, in accordance Under Redevelopment Law at Article 11, the Capital Citythe Governor’s responsibilities are to: with Article 62.2 of the Constitution, would have to develop its own regulations for are to: Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities compulsorily acquiring land. is to make landowners understand that freeingPlan theirand land  Initiate projects based on theItGeneral Development Plan, Land Development is the appropriate thing to do considering public and their own needs by introducing the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and 65 acquireplans land”. theregulations sub-projecttogeneral and implement those activities;  Resolve financing sources for projects and programs being implemented with local state In interview thesources Capital for Cityprojects Governor that: being implemented with local state funding; the same Resolve financing andstated programs funding; “Looking at international experience, if 70% of residents are supporting the project and  Select a project implementer; then for the remaining ones you provide the value of the land and acquire their land. In  Select a project implementer; other words, it means to acquire theproject land with force after paying a fixedimplementation land price. ... In  Conclude a tripartite agreement for implementation and ensure that case it’s not a violation of human rights. The reason is that people who are resisting of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation to free their land are violating other people’s right to live in better conditions. of the agreement;  Ensure community participation by promoting and publicizing projects, programs and also happening the case of inadequate buildings, where the rights ofprograms people who plans to the public, and in receive feedback complaints;  It’s Ensure community participation by and promoting and publicizing projects, and would likepublic, to exchange an old feedback flat for a and new complaints; flat and would like to live comfortably, are plans to the and receive being violated. It says that one person’s rights arewith restricted by otherorders; people’s rights. ...  Implement regeneration activities in accordance governmental there are incidents where the work is stuck because some oforders; the households  Currently Implement regeneration activities in accordance with governmental  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 63 NGOaForum, “Report submitted to the 55th session of the Committee on Economic, Social and and legal entity. Cultural Rights on Implementation Economic, Social Rights in page 8, for Under Article 24.3, the Capital ofCity Governor alsoand hasCultural the authority toMongolia”, organize measures http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCESCR%2fCSS theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for %2fMNG%2f20525&Lang=en declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion 64 declared insolvent by the courts. Zuunymedee News, There is almost a fight over land, 9 July 2015, No. 140; on file with Amnesty The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City International. Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital 65 T. Batsaikhan, We have the authority to acquire land forCouncil development, file with Under Article 8 E. of Bat-Uul: the Development Law, the Ulaanbaatar City (and on aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. Amnesty Article 62.2 development of the Constitution states that: “The of higher instance councils) approves and redevelopment documentation, allocates UnderInternational. Article 8 ofthe therequired Development Law, the Ulaanbaatar City authority Council (and aimag city shall not take decision on matters coming under the jurisdiction of local bodies.allocates If law and funding to resolve the budget for urban development projects andself-governing plans, monitors councils) approves the required development and redevelopment documentation, decisions superior State not specifically deal with definite local matters, local fundingoftorespective resolve the budget fororgans urbandodevelopment projects and plans, monitors

self- governing bodies can decide upon them independently inconformity with the Constitution.”

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or are like this. only thing us of to the do is to wait until they negotiate”. 66 micro-districts, gerThe areas and old for parts city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Such statements bythe officials have caused confusion and anxiety among residents, NGOs Under Article 10 of Redevelopment Law, the Ulaanbaatar CityCapital Council makes the finaland decision to approve, or not, the work being taken forward by the City Governor others astoto whetheron people whowork don’t sign aintended tripartite agreement will for beCity or not, and decision approve, or not,location, the being forward by Governor including deciding the size andtaken use ofthe theCapital land aevicted redevelopment whether, in practice, issize really oruse involuntary. including deciding on resettlement thefrom location, andvoluntary intended of the land for a redevelopment area, approving funding the city budget, and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these When to the negotiations, government prefers tohas take hands-offtoapproach council in recess, the Ulaanbaatarthe City Council Presidium thea authority fulfil these roles. itiscomes emphasizing that resettlement is voluntary and that landowners and possessors and project roles. implementers a resettlement and compensation bilaterally. However, this At the nationalmust level,agree the MCUD is responsible for state-levelpackage policy and overseeing can leave landowners andMCUD possessors who lackapproves information redevelopment project At the national level, isThe responsible for state-level policythe and overseeingat the compliance with the the legislation. Ministry any about procedures developed local and rights risk offor being exploited byand the projectany implementer tothe profit aslocal compliance with at the legislation. The Ministry approves procedures developed atauthority the leveltheir for selecting areas redevelopment implementing projectslooking and has much asselecting possible in thefor negotiations. GAIAand officials that it iswas level for areas implementing projects has the authority to cancel authorization aredevelopment redevelopment project iftold theyAmnesty rule thatInternational theand tender process common that people getthe more compensation than others andtender that itprocess depends on to authorization for amay redevelopment project 110 if they rule that also the was notcancel carried outsome in accordance with regulations. The Ministry arranges guidance 67 110 how good aout negotiator you are.with The that residents who ‘lose also out’ only projects, haveguidance themselves not accordance theview regulations. The Ministry arranges andcarried support forinurban redevelopment and implements and monitors priority program to the reality resource knowledge imbalance exists and support redevelopment and implements andand monitors priority projects,that program andblame plansdistorts atfor theurban state level. of the information, between landowners and possessors and the private developer with whom they are and plansthe at the state level. negotiating. As the then-Chair of theinterview Ulaanbaatar City Council, D. Battulga, stated when he spoke to the Amnesty International with Ministry of Construction and Urban Development, 14 March media about the ger area redevelopment in March 2016: Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. 110

110

2016.

“One principle in the redevelopment planning is that the city isn’t involved in this work. In other words, the landowner and project implementer are the two parties involved. They should negotiate themselves. To talk about exchanging their land for flats or for cash is the principle of the market economy. Before 2012 we breached the rights of people that were protected under the Constitution. At that time we said that...acquiring the land is compulsory. Now we say that a family should know how to evaluate their land and property. ...We did not do anything to attack people’s property”. 68 One resident told Amnesty International that her family saw no choice but to sign a bilateral agreement and that they were told by the project implementer that if they did not negotiate and sign an agreement, the company would utilize the provisions in the law to have them evicted. The project implementer also told them that they may receive no compensation if they continued to resist. 69 From conversations with other residents and NGOs, Amnesty International found that the perception that residents have no option but to negotiate and sign a bilateral and tripartite agreement with the project implementer is not uncommon.

Daily News, Bat-Uul: Mayor introduced ger re-planning project, 24 March 2016, print edition, p1&5,

on file with Amnesty International. 67

Amnesty International interview with GAIA, 15 March 2016.

E. Enkhbold, D. Battulga: if anyone is against the public needs there is a question of going to hold the

party accountable, Daily News, 28 March 2016, pp2&11, on file with Amnesty International. 69

Amnesty International interview with affected resident, 20 March 2015.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand development projects;  Organize activities, including allocation land and implementation of development 3.4 LACK OF CLARITY ON REDEVELOPMENT PROCEDURES AND RIGHTS OF projects based on the sub-project general plans and development projects; RESIDENTS  Appoint a General Architect for the capital city for a term of four years; With a number of laws and policies on redevelopment being recently written and amended,  Appoint a General Architect for the capital city for a term of four years; residents are confused about their rights and how the redevelopment process should work in  Establish a Department of Urban Development and Construction which must be headed practice. After receiving complaints on redevelopment from affected residents, the bythe Establish General Architect; a Department of Urban Development and Construction which must be headed Parliamentary Standing Committee on Complaints - a parliamentary body made up of MPs to by the General Architect; receive and respond to complaints received from the public - set up a working group to look  Oversee the development of the General Development Plan for the capital city and make into the nature of the complaints being made about the redevelopment process. amendments  Overseeand therevisions; development of the General Development Plan for the capital city and make amendments and revisions; The working group found that:  Monitor processes related to urban development, land usage and protection;  Monitor processes related to urban development, land usage and protection; “...most of the complaints from citizens are connected with a lack and insufficiency of  Deliver an annual report on urban development activities to the Ministry of Construction information on ger area redevelopment, relevant laws and knowledge of their own rights and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction and ways to protect these rights. It is necessary for the city authorities responsible for and Urban Development. implementation of ger area redevelopment to organize more effective work on providing Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: information and knowledge to citizens, conduct regular advertisement and correct Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: information to the public and provide more active participation for them”. 70  Initiate projects based on the General Development Plan, Land Development Plan and the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and Based on the findings of the working group, the Standing Committee issued Resolution the sub-project general plans and implement those activities; No.12 on 17 June 2015. The resolution outlined seven steps which the Mongolian  Resolve financing sources for projects and programs being implemented with local state government should take including improving the legal framework for the ger area funding;  Resolve financing sources for projects and programs being implemented with local state redevelopment project, paying particular attention to evaluation of land and immovable funding; property, and informing residents of their rights and responsibilities under the redevelopment  Select a project implementer; projects. 71  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation The 2014 GAIA operational report, a biannual report on the implementation of ger area of the agreement; Conclude cites a tripartite agreement project implementation and ensure redevelopment, that they receivedfor a total of 204 communications in the implementation form of of the agreement; 72 comments, complaints and requests about redevelopment. Of the 204 communications 75  Ensure community participation by promoting and publicizing projects, programs and were complaints and were mostly in relation to the activities of the project implementer plans the public, and receive feedback complaints;  to Ensure community by and promoting and publicizing projects, programs and including complaints that participation the project implementer was only valuing land and not other real plans to the public, and receive feedback and complaints; estate on the property; that the valuations of the project implementer were too low; that the  Implement regeneration activities in accordance with governmental orders; size or number of apartments being offered as compensation was insufficient; and that the  regeneration activities in accordance with governmental projectImplement implementer was engaging in bullying tactics and fraudulent claimsorders; to trick  Conclude a tripartite agreement with a citizen who is the land and/or real estate 73 landowners and possessors. For the year 2016, as of March, GAIA had received 47 owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. Under Article 24.3, the Capital City Governor also has the authority to organize measures for 70 Parliamentary Standing Committee on Complaints, Report of the Working Group on Improvement of theUnder continuation and completion of a project in cases where project is Article 24.3, the Capital City Governor also has the the authority to implementer organize measures for Ger Area Conditions and Progress of Redevelopment Planning Projects in Accordance with Complaints declared insolvent by the courts. of a project in cases where the project implementer is the continuation and completion Received by Residents to the Parliamentary Standing Committee on Complaints”, 2015, unofficial declared insolvent by the English language translation oncourts. file with Amnesty International. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 71 Resolution of the Parliamentary Standing on monitor Complaints, No. 12, 17 June Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda.City The Ulaanbaatar City Council’s role is Committee primarily to and ensure that the2015; Capital unofficial English language translation onLaw, file with International. Under Article 8 of the Development the Amnesty Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves the required development and redevelopment documentation, allocates Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city 72 GAIA, Operational report of the Capital City Ger Area Development Agency, 2014, p75; unofficial funding to resolve the budget for urban development projects and plans, monitors councils) approves the required development and redevelopment documentation, allocates English language translation on file at Amnesty International. funding to resolve the budget for urban development projects and plans, monitors 73

GAIA, Operational Report of the Capital City Ger Area Development Agency, 2014, p75; unofficial

English language translation on file at Amnesty International.

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or comments, complaints micro-districts, ger areasand andrequests. old parts74of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Amnesty International found through interviews with by affected residents that there was Under Article 10 of the Redevelopment Law, the Ulaanbaatar CityCapital Council makes the final decision to approve, oralso not, the work being taken forward the City Governor sometimes a lack ofon information about and/or understanding of the process and people’s decision approve, or not,location, the work being forward Capital Governor includingtodeciding the size andtaken intended useby ofthe the land forCity a redevelopment rights. Despite the listthe offrom rights in the legal and framework, including the including deciding on location, sizebudget, and intended use policy of the land for a redevelopment area, approving funding theprovided city and monitoring implementation. When the right to demand and the seefrom relevant information and monitoring to submit proposals, comments and area, approving funding the city budget, and implementation. When the council is in recess, Ulaanbaatar City Council Presidium has the authority to fulfil these complaints, all residents who spoke Amnesty International were well informed. council recess, the Ulaanbaatar CitytoCouncil Presidium has the authority to fulfil Two these roles. is in not companies told Amnesty International that information they provide to GAIA including their roles. resettlement plans and reportsfor arestate-level not made policy public.and They also said that At the national level, themonthly MCUD activity is responsible overseeing when selection asMCUD project implementer they generally only share with residents At the seeking national level, isThe responsible for state-level policy anddeveloped overseeing compliance with the the legislation. Ministry approves any procedures at thesome local drawings of with whatthe they propose toThe build for comment. One toldand Amnesty compliance legislation. Ministry approves anycompany procedures developed the local level for selecting areas for redevelopment and implementing projects has theatauthority International that areas after the company has been selected andrule started the company level for selecting and implementing projects has the authority to cancel authorization for aredevelopment redevelopment project if they that construction theand tender process was 110 will hold public is demanded by residents but otherwise not have any was to authorization for ifa it redevelopment project if they rule that also thedo tender process notcancel carried out inmeetings accordance with the regulations. The Ministry arranges guidance 110 with affected residents. 75 systems in out place for providing or sharing information not accordance with the and regulations. The also arranges guidance andcarried support forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. Evenplans where are procedures in place, they are not always followed in practice. Although and at there the state level. landowners and possessors have the right to see plans and other relevant documentation, the representative from the 9th and 10thkhoroo of Chingeltei told Amnesty International that the 110 citizens’ representative body hadwith notMinistry received plans and told that they would only Amnesty International interview of the Construction andwere Urban Development, 14 March 76 th 110 get to see them once they were finalized. Two project implementers operating in the 9 Amnesty International interview with Ministry of Construction and Urban Development, 14 March and 2016. th 10 khoroo of Chingeltei district had their authorization to carry out the project cancelled by 2016. the outgoing Capital City Governor on 30 June 2016 for not carrying out the work within six months and for “repeated serious operational violations”. 77

3.5 RIGHT TO REMEDY Residents who are dissatisfied with either the ger area redevelopment or redevelopment of inadequate public housing can complain to the authorities, to the Parliamentary Standing Committee on Complaints, or seek redress via the Administrative or Civil Courts. Under the terms of the model formats for tripartite agreements for ger area redevelopment and inadequate public housing, disputes should be resolved through mutual agreement. 78 The model format for inadequate housing further adds that if a dispute cannot be resolved

Amnesty International interview with GAIA, 15 May 2016.

Amnesty International interview with construction companies on 4 and 10 August 2016.

Amnesty International interview with Chingeltei Sarwol Resident’s Committee to Support the Ger Area

House Project, which represent residents in the 9th and 10thkhoroos of Chingeltei, 7 December 2015. 77

Decrees A/568 and A/572 issued by the Capital City Governor and Ulaanbaatar City Mayor, 30 June

2016; unofficial English language translation on file at Amnesty International. 78

A Model Format of a Tripartite Agreement to be Concluded Among Parties Involved in the Projects for

Re-Planning and Constructing of Inadequate Public Housing not Complying with the Operational Requirements, Article 8.5 and a Model Format of a Tripartite Agreement to be Concluded among Parties Involved in the Projects for Re-Planning and Constructing of Ger Area Land, Article 7.1; unofficial English language translation extract on file with Amnesty International.

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36 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development 79 projects based on the sub-project plansby through negotiation then itincluding shouldgeneral beallocation decided thedevelopment courts. As aprojects; signatory the tripartite  Organize activities, ofand land and implementation of to development agreements, GAIAonorthe thesub-project GPA (whichgeneral sign the tripartite agreements on behalf of the Capital projects based plans and development projects;  Appoint a can General for role the capital for aany term of four between years; the landowner City Governor) play Architect a mediating to helpcity resolve disputes or possessor and the project implementer. However, of of thefour 14thyears; khoroo of Appoint a General Architect for the capital cityresidents for a term  Establish a Department of Urban Development and whichrole must be headed Bayanzurkh told Amnesty International that GAIA did notConstruction play any helpful in trying to by General resolve disputesArchitect; that its typical response to any disputes is to tell both parties the Establish aand Department of Urban Development and Construction which musttobe headed continue negotiating to sort out their differences. 80 by the General Architect;  Oversee the development of the General Development Plan for the capital city and make amendments and Complaints made todevelopment the authorities areGeneral not always properly addressed. When the city heating  Oversee therevisions; of the Development Plan for the capital and was make th removed from Building #3 in the 10 khoroo of Sukhbaatar and living conditions became amendments and revisions; unbearable, residents numerous and frequent complaints to city government  Monitor several processes relatedmade to urban development, land usage and protection; officials, but the authorities took no action. In October 2015, residents received a response  Monitor processes related to urban development, land usage and protection; from the Centre for Receiving Complaints about the living conditions in Building #3. The  Deliver an annual report on urban development activities to the Ministry of Construction response concluded that it was impossible to reconnect the heating and advised the residents and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction to and takeUrban steps Development. to hold the company to account and claim compensation. 81 When Amnesty International met with the GPA in March they claimed that the responsibilities government wasare under Under the Redevelopment Law Article 11,2016, the Capital City Governor’s to: noUnder obligation to provide alternative housing to the residents of Building #3 even though the to: the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are 82 building hadprojects becomebased uninhabitable.  Initiate on the General Development Plan, Land Development Plan and the sub-project generalbased plans on andthe implement those activities; Initiate projects General Development Plan, Land Development Plan and Tothe seek redress through courts, or collectively can apply to the sub-project generalthe plans and residents, implementindividually those activities; Administrative or Civil courts. In projects administrative cases, the court is obliged towith conduct its  Resolve financing sources83for and programs being implemented local state own investigation of the allegations. Individuals or groups can also take a company to civil funding;  Resolve financing sources for projects and programs being implemented with local state court for disputes related to their agreement with the project implementer. Civil court is funding; different to aadministrative courts in that each party must provide evidence to the court to  Select project implementer; support their claims. Both civil and administrative courts can be pursued to the Supreme  Select a project implementer; Court level.  Conclude a tripartite agreement for project implementation and ensure implementation of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Ensure community participation by promoting and publicizing projects, programs and 79 Format of aand Tripartite Agreement to and be Concluded Among Parties Involved the Projects for plans to the public, receive feedback complaints; A Model Ensure community participation by promoting and publicizing projects,inprograms and Re-Planning andpublic, Constructing of Inadequate Public Housing not Complying with the Operational plans to the and receive feedback and complaints; Requirements, Articles 8.6; unofficial English language translation extract on file orders; with Amnesty  Implement regeneration activities in accordance with governmental International.  Implement regeneration activities in accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner 80 Amnesty International phone conversation with 14thkhoroo of Bayanzurkh resident’s committee and a legal entity. tripartite  agreement with a citizen who is acknowledged the land and/or estateinowner memberConclude on 25 Maya 2016. In their 2014 Operational Report, GAIA thatreal progress and a legal entity. concluding tripartite agreements was slow due to a lack of knowledge and information among landowners Under Article about 24.3,the theneed Capital City Governor alsoagreement, has the authority to organize measures for and possessors to conclude a tripartite a lack of interest from project the continuation and completion of a project in cases where the project implementer is the for Under Article 24.3, the Capital City Governor also has the authority to organize measures implementers to conclude the agreements, and GAIA’s own limited authority to enforce signing of declared insolvent by the courts. the continuation and completion of a project in cases where the project implementer is tripartite agreement. GADA (current GAIA) Operational Report, 2014, p63; unofficial English language declared insolvent by the courts. translation on file with Amnesty International. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 81 Response Building #3Council’s residents from is theprimarily Centre fortoReceiving complaint received City 16 Governor is to fulfilling his/her responsibilities for implementing theensure redevelopment agenda. The Ulaanbaatar City role monitor Complaints, and that the Capital September and closed onDevelopment 2 October 2015. Copy by residents ofthe Building #3.aimag Unofficial English Under Article 8 of the Law, theprovided Ulaanbaatar City Council (and city Governor is fulfilling his/her responsibilities for implementing redevelopment agenda. language extract on file with Amnesty International. councils) approves the development and redevelopment documentation, allocates Under translation Article 8 of therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve the budget for urban development projects and plans, monitors approves the required development and redevelopment documentation, allocates 82 councils) Amnesty International interview with GPA, 21 March 2016. funding to resolve the budget for urban development projects and plans, monitors 83

Administrative cases are between an individual or a group and a state authority or public servant and

can be used to challenge a resolution, act, decree or policy of the government.

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Amnesty International interviews with members of a temporary residentâ&#x20AC;&#x2122;s council, Ulaanbaatar,

between November 2015 and June 2016; unnamed at request of residents who wanted to avoid further 110 trouble with the company. interview with Ministry of Construction and Urban Development, 14 March Amnesty International

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110

2016.

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to approve, or not, the work being forward by the City Governor decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these 4.1 KEY FINDINGS roles. Despite the advanced stage of the redevelopment agenda in Ulaanbaatar, Mongolia’s capital, At the national level, the MCUD is responsible for state-level policy and overseeing the laws and regulations are lagging behind actual practice. The implementation of the At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures redevelopment agenda is marred by a lack of information on eviction, compensation and compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority resettlement and does not meet international standards on genuine consultation. Local level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was authorities leave affected residents to engage directly with private developers to negotiate to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance compensation. This has led to confusion and uncertainty about the process and about the 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program rights of those affected. and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. and plans at the state level. The current arrangement does not provide for sufficient regulation and monitoring of these processes nor effective protection of people’s right to adequate housing. At the time of writing new operational procedures for ger area redevelopment had been drafted and were 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March waiting for approval. While the new procedures are better aligned to the existing laws, they 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. continue to contain ambiguities about how the process should work in practice and replicate 2016. shortcomings that currently exist in the laws. For the new procedures to be effective, they would need to include strong and clear safeguards to protect against forced eviction and homelessness, strong and clear information on the rights of all affected residents, including right to genuine consultation, access to information and rights to remedy.

4. CONCLUSION AND KEY RECOMMENDATIONS

In the absence of clear, cohesive and adequate government laws and regulations, enforcement, and monitoring, Amnesty International is concerned that residents in areas affected by redevelopment face risks to their right to adequate housing, and has identified the following key failings:  Laws and policies do not recognize the rights of those who do not have legal title for the land or housing they occupy to participate in consultation processes on redevelopment; 

Lack of safeguards to protect against the risk of forced eviction and homelessness;

 Lack of information or clarity from government agencies and private developers means that residents are often misinformed or unclear about whether resettlement is voluntary or involuntary;  Lack of clarity on redevelopment procedures and rights of residents due to changes to the legal and policy environment, putting residents at risk of violations to their right to adequate housing;  Laws and policies on redress are unclear and lack specificity on options for those individuals negatively impacted by redevelopment to raise complaints and seek settlement of disputes.

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development Toprotect effectively right to adequate housing of a population, the Mongolian projects based on the the sub-project general plans development projects; Organize activities, including allocation ofand land and implementation of development government muston ensure that any possible these rights,projects; including by third projects based the sub-project generalviolations plans andofdevelopment parties, such aasGeneral landlords or private developers Where  Appoint Architect for the capital are city prevented. for a term of four such years;infringements do occur, the relevant publicArchitect authorities act tocity prevent any further and to  Appoint a General forshould the capital for a term of fourdeprivations years; guarantee affected persons access to legal remediesand or redress for anywhich infringement their  Establish a Department of Urban Development Construction must beof headed rights. In order Architect; toa begin to address the failings in the current legal and policy by General the Establish Department of Urban Development and Construction which framework, must be headed Amnesty International urges the authorities undertake the following recommendations. by the General Architect;  Oversee the development of the General Development Plan for the capital city and make amendments Overseeand therevisions; development of the General Development Plan for the capital city and make 4.2 RECOMMENDATIONS andGovernment: revisions; Toamendments the Capital City  Monitor processes related to urban development, land usage and protection; Monitor processes related to urban development, landaffected usage and protection;   Make a public statement clarifying the rights of people by urban redevelopment  Deliveronanthe annual on urban development to the Ministry of Construction especially right report of residents to refuse to enteractivities into an agreement with the project and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction implementer and its implications; and Urban Development. Under the Redevelopment Law Article 11, the Capital responsibilities are to:  Ensure that all persons, regardless of tenure statusCity areGovernor’s protected from forced evictions Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: and homelessness;  Initiate projects based on the General Development Plan, Land Development Plan and the general planspersons, andthe implement those activities; Initiate projects based on General Development Plan, Land Development   sub-project Ensure that all affected regardless of tenure status are provided all thePlan and the sub-project general plans and implement those and activities; necessary information on the redevelopment process that such information is publicly  Resolve sources for projects and programs beingon implemented available andfinancing easily accessible. This must include information the avenueswith for local state funding;  Resolveand financing sourcesways for projects programs implemented local state participation consultation, to accessand their rights tobeing remedy, and rightswith to access funding; legal aid;  Select a project implementer; Selectthe a project implementer;   Ensure rights of non-landowners, apartment owners and possessors and others  Conclude a tripartite agreement forare project implementation and ensure implementation working on behalf of affected residents recognized and that avenues for their participation of the Conclude a tripartite agreement for project and ensure implementation in the agreement; redevelopment process are established and implementation publicized; of the agreement;  Ensure that community participation by promoting and publicizing projects, programs and  Ensure the process for consultation for redevelopment allows for genuine plans the public, and receive feedback and complaints;  to Ensure participation promoting and projects, programs and consultation bycommunity increasing the period ofby time available forpublicizing consultation, the involvement of plansofficials to the public, andtoreceive feedback complaints; public in talking and listening to and residents, and that information is publicly  Implement regeneration activities in accordance with governmental orders; available and easily accessible;  Implement regeneration activities in accordance with governmental orders;  Conclude athat tripartite agreementaffects with apeople citizeninwho is the land real estate owner  Recognize redevelopment different ways and/or and include special and  a legal Conclude a tripartite agreement citizen who is the land and/or real estate measures toentity. ensure participation of all with thosea affected including women, minorities and owner other and awho legalmay entity. groups be at risk of being excluded from the process due to their status and Under Article 24.3, the Capital City Governor also has the authority to organize measures for identity; theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by the courts. the continuation and completion of a project in cases where the project implementer is  Explore all feasible possibilities to address the concerns of those refusing to move out of declared insolvent by theunsound courts. buildings and where these have been exhausted and an unsafe and/or structurally The Ulaanbaatar City Council’s role is primarily to monitor ensure that the Capital City eviction is the only alternative, ensure that the eviction andand alternative housing provided Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City meet the relevant criteria as per international human rights standards. Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves the development and redevelopment documentation, allocates Article 8 of therequired Development Law, the Ulaanbaatar City Council (and aimag city ToUnder the Ministry of Urban Construction and Development: funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, to resolve the budget forprohibition urban development monitors  funding Legislate and enforce a clear on forced projects evictionsand andplans, strengthen safeguards to protect against the risk of homelessness including by requiring adequate notification of eviction for all tenants, regardless of a tenancy agreement;

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or  Ensure thatger allareas policies micro-districts, andand old procedures parts of thebeing city. amended or drafted by the working group are in line with10international human rights lawthe and standards as well as themakes other domestic Under Article of the Redevelopment Law, Ulaanbaatar City Council the final legislation redevelopment and thatbeing all discrepancies inCity a makes manner that Under Article 10 of the Redevelopment Law, the Ulaanbaatar CityCapital Council the final decision toon approve, or not, the work taken forwardare byaddressed the Governor provides the greatest to residents affected by and so that there is decision approve, orprotection not,location, the work being forward by Governor includingto deciding on the size andtaken intended useredevelopment ofthe theCapital land forCity a redevelopment no ambiguity concerning the process or the rights individuals and communities affected including deciding on thefrom location, size and intended use of the land for a redevelopment area, approving funding the city budget, and of monitoring implementation. When the by redevelopment; area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  Establish monitoring by an independent body. The independent body must have the full roles. authority to initiate into whether human rights are being violated and to receive At the national level,assessments the MCUD is responsible for state-level policy and overseeing complaints on such the public.approves Thestate-level independent body be given At the national level, the MCUDfrom isThe responsible for policy andshould overseeing compliance with theviolations legislation. Ministry any procedures developed at thethe local authority to with hold the project implementers and and the government accountable forhas anythe human compliance legislation. The Ministry approves any procedures developed atauthority the rights local level for selecting areas for redevelopment implementing projects and violations in relation to for the aredevelopment redevelopment process. level for selecting areas implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance 110 To Parliament: not carried out accordance with the and regulations. The also arranges guidance andthe support forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level.  plans Amend Redevelopment Law and any other relevant legislation and procedures and at the the Urban state level. to guarantee the rights of everyone affected by redevelopment including the right to genuine consultation; Amnesty International interview with Ministry of Construction and Urban Development, 14 March AmendInternational Article 22 of the Redevelopment to include rights of non-landowners Amnesty interview with Ministry of Law Construction andthe Urban Development, 14 March and 2016. 110

110 

possessors so that all members of the community and others are able to receive information 2016. and be consulted;  Amend Article 68.6 of the Law on Court Decision Enforcement Agency to bring it in line with Article 42.4 of the Land Law so that evictions can only take place between 15 May and 15 September;

To the Court Decision Enforcement Agency:  Develop and adopt guidelines for evictions based on the UN Basic Principles and Guidelines on Development-Based Evictions and Displacement, and in compliance with international human rights law and standards, including providing adequate notification of any eviction and obliging attending officials to wear identification. Cease carrying out evictions during winter;  Develop and maintain accurate data on the number of evictions carried out and how many of those are connected to the redevelopment agenda.

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APPENDIX: MONGOLIA’S LEGAL AND POLICY FRAMEWORK FOR REDEVELOPMENT

URBAN DEVELOPMENT LAW AND URBAN REDEVELOPMENT LAW

International interview with Ministry Law) of Construction Urban 14 was March TheAmnesty Urban Development Law (Development was first and passed in Development, May 2008 and 110

Amnesty International interview with June Ministry Construction and Urban Development, 14 March 2016. successively amended in February, andofNovember 2015. The purpose of the

110

2016. Development Law is to coordinate relations between the “state, entities, and citizens” with

relation to urban development projects and plans, and to ensure that development is financially sustainable and appropriate for the area and implemented in accordance with relevant policies and plans (Article 1.1). The Urban Redevelopment Law (Redevelopment Law) passed in June 2015 deals with redeveloping built-up areas, inadequate public housing and ger areas, and re-planning of public land in order to “ensure a healthy, safe and comfortable living environment” (Article 1). This new law has required changes to other laws and policies to ensure coherence. The Land Law, for instance, which has already been amended 15 times since it came into effect in 2003, was amended four times in 2015. The Development Law, which passed in 2008, was amended three times in 2015. Similarly, city-level procedures passed in 2013 prior to the Redevelopment Law are being updated by the Ministry of Construction and Urban Development (MCUD) at the time of writing. MCUD has also been updating various policies to bring them into line with the Redevelopment Law. The MCUD approved the Operational Procedures for Demolishing and Rebuilding Inadequate Public Housing Not Complying with Operational Requirements (Inadequate Housing Operational Procedures) on 5 July 2016. These procedures outline the steps to develop and implement redevelopment of public housing buildings which are assessed to be unsafe and/or structurally unsound, in accordance with the Redevelopment

Other laws including the Land Law, the Housing Law, Civil Code, Civil Procedure Code, Law on Legal

Status of Cities and Towns, Law on Allocation of Land to Mongolian Citizens, the Construction Law, and the General Law on Administration are also indirectly relevant to urban development but are beyond the scope of this report.

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44 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project plansofProcedures and projects; Public  Organize activities, including allocation landdevelopment and implementation of development Law. These procedures replace thegeneral Operational for Inadequate Housing projects based on the sub-project general plans and development projects; which were developed at the city-level and approved by the Ulaanbaatar City Council  Appoint General Architect for the city for a new termprocedures of four years; Presidium in aJune 2014. The MCUD hascapital also developed for ger area  Appoint a General Architect for the capital city for a term four years; redevelopment which, when approved, will replace the city-level of developed Operational  Establish Department of Urban Development and Construction which must be headed Procedures foraGer Area Redevelopment. bythe Establish General Architect; a Department of Urban Development and Construction which must be headed by the General Architect; Both the Development and Redevelopment Laws identify key principles which should  Oversee the development of the Development Plan for the capitalensuring city and make underscore their implementation. TheGeneral Development Law’s principles include amendments and revisions;  Oversee thehuman development of the General Development for the capital city and make balance between safety, ecology, economic and socialPlan development, and ensuring amendments and revisions; equal rights of each party participating in the development process. 86 The Redevelopment  processes related toparticipation urban development, land usage protection; Law’sMonitor principles are community and commitment to and public interest. 87 However  laws Monitor processes related to urban development, land usagethus and excluding protection;nonboth typically use the word “citizen” rather than “individual”  Deliverresidents an annual report urban development activities to the Ministry of Construction Mongolian from theon protections they provide. and Development.  Urban Deliver an annual report on urban development activities to the Ministry of Construction and Urban Development. The Development Law outlines a wide range of documentation required at both the national Under thelevel Redevelopment Law Article 11, the projects, Capital City Governor’s responsibilities to: and local for implementing development including regional developmentare plans, Underdevelopment the Redevelopment Article the Capital City assessment Governor’s responsibilities are to: general plans ofLaw towns and 11, villages, a baseline of urban planning,  Initiate projects based General Development Plan, Land general Development Plan and redevelopment project plansonofthe towns and villages, and sub-project plans (Articles the general plans on andthe implement those activities;  sub-project Initiate projects based General Development Plan, Landprojects Development Plan and 11.1 and 12.5). The Redevelopment Law, states that redevelopment must comply thedevelopment sub-project general plans and implement activities; with documentation required underthose the Development Law (Articles 3.2 and  Resolve financing sources for projects and programs being implemented with local state 14.2). funding;  Resolve financing sources for projects and programs being implemented with local state Forfunding; urban redevelopment activities, the Redevelopment Law divides the process into four  Select project implementer; phases withaenumerated steps in each phase - the preparation phase, the planning and  Select phase, a project development theimplementer; implementation phase and the completion phase. Chapter three on  Conclude a tripartite agreement for project implementation and ensure implementation activities and implementation also includes requirements for selecting a project implementer of the agreement; Conclude for project (Article 19) and afortripartite selectingagreement a redevelopment siteimplementation (Article 20). and ensure implementation of the agreement;  community by promoting andinvolved publicizing projects, programs BothEnsure laws outline rights participation and responsibilities of parties in development and and plans the public, receive feedback complaints;  to Ensure community participation by and promoting andlist publicizing projects, programs and redevelopment. The and Development Law includes a broad of rights and responsibilities that plans to to all the“entities, public, and receive feedback and complaints; applies organizations and citizens” in implementing urban development  Implement regeneration activities to in follow accordance with governmental orders;and to prevent activities, including the responsibility all laws, norms and regulations  Implement regeneration activities inand accordance with governmental environmental pollution and meet hygiene safety requirements (Articleorders; 22).  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and legal entity.  a Conclude a tripartite agreement citizen who is the land and/or real estate The Redevelopment Law lists separate with rightsa and responsibilities for landowners and owner and a legal entity. possessors and for the project implementer. The rights of non-landowners and possessors are Under Article in 24.3, the Capital City Governor also has the authority to organize for not specified the Development Law and non-landowners and possessors have measures no rights or the continuation and completion a project in In cases where the isis a for responsibilities the Redevelopment Law. both laws is project not always clear what Under Article under 24.3, Capitalof City Governor also has the it authority to implementer organize measures declared insolvent the courts. of a project in cases where the project implementer is right what is a by responsibility. the and continuation and completion declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital TheGovernor rights and responsibilities of citizens participating in the project: Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, funding to resolve the budget for urban development projects and plans, monitors

REDEVELOPMENT LAW: ARTICLE 22

Urban Development Law, Article 4.1.

Urban Redevelopment Law, Article 5.

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 45 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 45 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts of the city.  To submit a project proposal; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under 10land of the Redevelopment Law,taken the Ulaanbaatar CityCapital Council makes the final decision to their approve, or not, the work being forward by the City Governor  ToArticle have and real estate appraised; decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment including on to the location, size and intended use ofother the land fordocumentation; a redevelopment area,Toapproving funding from city budget, and plans monitoring implementation. When the  seedeciding and demand see thethe project implementation and relevant area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these  To conclude agreements and conduct negotiations with respect to project implementation; roles. At the national level, the MCUD is responsible for state-level policy and overseeing  To initiate and request involvement from the land and real estate owners and possessors who are not in At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures support of the project; compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was  To get acquainted with and receive information about the process of the project and demand compliance to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance with their contractural obligations; 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level.  To be provided with temporary land, accommodation and settlement during the project implementation and plans at the state level.

period;  110

Not to have any errors in the land and real estate ownership documents;

Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110



To provide complete, true and accurate information and documents required for project implementation;



To participate in project implementation through a citizens’ representative organization;

2016.

To send feedback and complaints to the Monitoring Committee in relation to the project implementation activities. 

REDEVELOPMENT LAW: ARTICLE 23 The rights and responsibilities of the project implementer: To have the land and real estate appraised by an authorized third party in cooperation with the land and real estate owners and possessors; 

To inform the owners and possessors about the sale and purchase price of the land and real estate on the selected development site; 

To be responsible for finding the sources of financing of the project and expenditure in respect of the project implementation; 

To submit a proposal to make changes in the planning based on the request received from land and real estate owners and possessors of the selected development site; 

To develop and organize the approval and implementation of the projects and plans, to negotiate and conclude agreements with the Governor of the aimag, capital city, soum or district and the land and real estate owners and possessors, and to evaluate the project performance together with the parties; 

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46 City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand projects;   To Organize report to the activities, parties about including the project allocation implementation landdevelopment and and have implementation the report reviewed of development by the Monitoring projects based on the sub-project general plans and development projects; Committee;  Appoint a General Architect for the capital city for a term of four years;  a parties General Architect the capital city and for surveys a term in ofrelation four years;  To Appoint provide the with true and for accurate information to the projects and  Establish a Department of Urban Development and Construction which must be headed plans as well as the required information; bythe Establish General Architect; a Department of Urban Development and Construction which must be headed by the General  To comply with Architect; the environmental, health, safety and other relevant legislation, norms and rules,  Oversee development of the General Plan for the capital city and make procedures andthe standard requirements in their projectDevelopment implementation; amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make and  amendments To comply with therevisions; requirements of Article 15 of the Law on Construction 88 and Article 24 of the Urban 89  Monitor processes relatedimplementation. to urban development, land usage and protection; Development Law during project  Monitor processes related to urban development, land usage and protection;  Deliver an report on urban development activities to the of Construction Importantly, theannual Development Law includes no information about theMinistry possibility of evictions and Urban Development. Deliver an report on urban development activities the Ministry ofLaw, Construction in the process of annual implementing development plans, however theto Redevelopment notes andif Urban Development. that a project implementer cannot agree a deal with a landowner or possessor then they Under the Redevelopment Law Article 11,upthe Governor’s responsibilities in are to: can submit a claim to the courts “to free theCapital land inCity exchange for compensation” Under thewith Redevelopment Law14.7.3c). Article 11, the Capital City Governor’s responsibilities are to: accordance the law (Article  Initiate projects based on the General Development Plan, Land Development Plan and the generalbased plans on andthe implement those activities;  sub-project Initiate projects General Development Plan, Land Development Plan and MONITORING DEVELOPMENT the the sub-project general and implement Laws those provide activities; Both Development andplans the Redevelopment for some degree of monitoring of  Resolve financing sources forprojects. projects90and programs being with local state development and redevelopment However, under theimplemented laws, different government funding;  Resolve financing for projects andwhich programs being implemented with localhow state bodies have multiple andsources overlapping mandates makes it confusing to understand thefunding; process should work. There are also gaps in the implementation of the monitoring process  Select project implementer; which puts aresidents’ rights at risk. For example, the Redevelopment Law calls on the project  Select to a project implementer; implementer appraise the value of land and real estate of a resident’s property, and to  Conclude agreement project implementation and ensure implementation have this doneabytripartite a third party and infor cooperation with the landowner or possessor. However, of agreement; Conclude a tripartite agreement for project implementation and ensure implementation thethe three companies which spoke to Amnesty International said that they do not get third of thetoagreement; parties value land and real estate except in rare circumstances where the company and  Ensureorcommunity participation projects, programs and landowner possessor cannot reach by an promoting agreementand on apublicizing value. plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and plansArticle to the 26.4.2 public, of and feedback and complaints; Under thereceive same law, a body called the “Monitoring Committee” also has  Implement regeneration activities in accordance with governmental orders; the authority to organize appraisals in order to establish the amount of compensation.  Implement regeneration in in accordance with governmental orders; However, it is unclear how this activities would work practice because the Monitoring Committee for  Conclude tripartite agreement with acompensation citizen who isamounts the landare and/or real According estate owner a project is notaset up in the phase where agreed. to and a legal Conclude a tripartite agreement withset a citizen whothird is the land the and/or real estate owner the law, theentity. Monitoring Committee is only up in the phase, project and a legal entity. implementation phase, which is well past the point when the project implementer and Under Article 24.3, the have Capital City Governor also has the authority landowner or possessor negotiated the compensation package. to organize measures for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. theMonitoring continuation andthe completion a project in cases where the project implementer The Committee also hasofother responsibilities to monitor projects. However, is the declared insolvent by the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City 88 The Ulaanbaatar Governor is fulfilling his/her responsibilities for and implementing theof redevelopment agenda. City Council’s toresponsibilities monitor and ensure thatand theclients Capital Article 15 of the Construction Law role lists is theprimarily rights investors in City Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. construction. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city 89 Article 24 of the Urban Development Law lists activities prohibited under urban construction. funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, 90 funding to resolve the budget for urban development projects and plans, monitors See Articles 7.1.1 and 7.1.9, Article 8.1.3 and 8.1.4 and Article 9.1.5 of The Urban Development Law and Articles 8.14., 10.1.3, 14.7.4.c, 23.1.5 and 23.1.6 of the Urban Redevelopment Law.

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implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areas and old parts city. MCUD told Amnesty International that of nothe such body as a Monitoring Committee has been set up yet Article but they10will the future when the the newUlaanbaatar procedures City for ger area redevelopment Under of be theinRedevelopment Law, Council makes the finaland other relevant procedures arethe approved and that Land by Relations Department and Under Article 10 of the Redevelopment Law,taken the the Ulaanbaatar CityCapital Council makes the Urban final decision to approve, or not, work being forward the City Governor 91 Construction Department thesize Ministry ensured compliance withfor the Under the decision approve, or the not,within the work being forward City Governor includingtodeciding on location, andtaken intended useby ofthe theCapital land a law. redevelopment Inadequate Housing which were in July a Monitoring including deciding onOperational thefrom location, sizebudget, and intended use passed of the land for 2016, a redevelopment area, approving funding the Procedures, city and monitoring implementation. When the Committee be established accordance with the Redevelopment Law. 92to The area, approving funding thein city budget, and monitoring implementation. When council is inmust recess, thefrom Ulaanbaatar City Council Presidium has the authority fulfilthe these Redevelopment Lawthe alsoUlaanbaatar says that a City special inspection bodyhas willthe conduct independent council is in recess, Council Presidium authority to fulfil these roles. monitoring of project implementation. According to the MCUD, for redevelopment projects in roles. Ulaanbaatar, this function shouldisbe carried outforbystate-level the City Professional Inspection Agency. 93 At the national level, the MCUD responsible policy and overseeing At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures The Lawfor allows for establishment of a citizens’ representative compliance with the legislation. Thethe Ministry approves any procedures developed the local levelRedevelopment for selecting areas redevelopment and implementing projects and has theatauthority organization as one wayfor to aencourage community participation. Its establishment isauthority onewas of level for selecting areas redevelopment and implementing projects has the to cancel authorization redevelopment project if they rule that theand tender process 110 the steps authorization inout theinproject preparation phase (Article and according to Article 22, to for a redevelopment project14.7.1.e) if they that the tender process wasit notcancel carried accordance with the regulations. The rule Ministry also arranges guidance 110defines such an organization as a non“shall be established on a voluntary The law not out accordance with thebasis”. regulations. The also arranges guidance andcarried support forinurban redevelopment and implements andMinistry monitors priority projects, program profit organization represented by members of landowners and possessors the affected and redevelopment and implements and monitors priorityinprojects, program and support plans atfor theurban state level. areaplans (Article 4.1.3). and at the state level. Under the Redevelopment Law, the city council monitors implementation of projects, programs and plans andinterview reviews with the Ministry activity of report prepared byUrban the Capital City Governor Amnesty International Construction and Development, 14 March 110 (Article 10.1.3). Project implementers are also obliged to evaluate the project performance Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. together with the Capital City Governor and the land and real estate owners and possessors, 2016. and to report to those parties about the project implementation and have the report reviewed by the Monitoring Committee (Articles 23.1.5 and 23.1.6). Article 14.7.4.c calls for the preparation of a project implementation report including financial accounts and an evaluation of the implementation of the agreement, which must be reviewed by the Monitoring Committee. However, two companies told Amnesty International that the reports they prepare on project implementation go to GAIA, and are not publicly available. 94 110

2. THE REDEVELOPMENT PROCESS In addition to the laws, there are also procedures, which outline the steps to be taken to develop and implement redevelopment plans. The procedures should give further details to complement and align with the Redevelopment Law. To implement ger area redevelopment GAIA follows operational procedures that were adopted at the city level before the Redevelopment Law was passed in June 2015. The GPA was using city-level operational procedures for implementing redevelopment of inadequate public housing. However new procedures for redevelopment of inadequate public housing drafted by an MCUD working group was approved by the Minister of Construction and Development in July 2016. 95 These

Amnesty International interview with MCUD, 14 March 2016; MCUD letter to Amnesty International

dated 7 September 2016, Ref 01/2343. 92

Inadequate Housing Procedures, Article 5.7.

MCUD letter to Amnesty International dated 7 September 2016, Ref 01/2343

Amnesty International interviews with construction companies on 4 and 10 August, 2016.

Amnesty International telephone conversation with MCUD, 24 June 2016. Under Article 8.1.5 and

Article 8.1.6 of the Urban Redevelopment Law the MCUD has the authority to organise the approval of

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City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development new replace the city-level operational procedures for inadequate housing. projects based on the sub-project general plansofand development projects; ofpublic  procedures Organize activities, including allocation land and implementation development projects based on the sub-project general plans and development projects; OPERATIONAL FOR GERfor AREA  Appoint PROCEDURES a General Architect theREDEVELOPMENT capital city for a term of four years; The for Gerfor Area Area Operational  Operational Appoint a Procedures General Architect theRedevelopment capital city for (Ger a term of four years; Procedures) outline the steps to develop and implement redevelopment of residential housing areas  Establish a Department of Urban Development and Construction which must in be ger headed (Article 1.3.1). Architect; The proceduresofcurrently in use were approved by the Ulaanbaatar by General the Establish a Department Urban Development and Construction which mustCity be headed Council in 2013. The MCUD working group has developed new procedures for ger by thePresidium General Architect; area Oversee redevelopment to bring the line with thePlan Redevelopment Law. new  the development of procedures the GeneralinDevelopment for the capital cityThese and make procedures are waiting approval at the time of writing. Once approved by the Minister of amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make Construction and Urban Development and registered, the new procedures on ger area amendments and revisions; redevelopment will replace the to existing procedures.  Monitor processes related urban operational development, land usage and protection;  Monitor processes related to urban development, land usage and protection; Under the Redevelopment Law, first phase of theactivities redevelopment process of forConstruction a project is  Deliver an annual report on the urban development to the Ministry site selection. Although Article 4 of the Ger Area Operational Procedures lists requirements and Urban Development.  Deliver an annual report on urban development activities to the Ministry of Construction forand siteUrban selection, the site selection process has been replaced by “Model Format for Development. Selecting a Site for Implementing Urban which were approved Under the Redevelopment Law Article 11,Redevelopment the Capital CityProjects” Governor’s responsibilities areby to: 96 theUnder Minister of Construction and Development on 11 May 2016. This is one example the Redevelopment Law Article 11, the Capital City Governor’s responsibilities of arethe to: changing legal and policy for redevelopment which is contributing to Plan the sense  Initiate projects basedenvironment on the General Development Plan, Land Development and of confusion affected the sub-project general plansresidents. andthe implement those activities; Initiateamong projects based on General Development Plan, Land Development Plan and the sub-project general plans and implement those activities; ThereResolve is a twofinancing stage process to for select a private referred to as the project  sources projects and developer, programs being implemented with local state implementer. The first step is to hold a vote among landowners and possessors with to choose funding;  Resolve financing sources for projects and programs being implemented local state which company they prefer as the project implementer. Under Article 3.14 of the Ger Area funding; Operational the Ger Area Housing Project (GAHP) is responsible for presenting  Select aProcedures, project implementer; the proposals put forward by prospective companies, collecting the votes, and reporting the Select a project implementer; 97 results to the Project Steering Committee. However, the Procedures do notimplementation specify any  Conclude a tripartite agreement for project implementation and ensure quorum of voters or minimum number of votes required for a company to be considered the of the agreement; Conclude a tripartite agreement for project implementation and ensure implementation winner of the vote. Nor do the Procedures specify any minimum or maximum number of of the agreement; shortlisted can participate in the presentation and voting.  Ensurecompanies communitythat participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  to Ensure community participation by and promoting and publicizing projects, programs and The second step, according to the feedback Ger Area Operational Procedures, is for the company which plans to the public, and receive and complaints; received the highest support in the vote to negotiate and bilateral agreements with the  Implement regeneration activities in accordance withsign governmental orders; landowners and possessors. The company has 30-60 days, depending on the size of  Implement regeneration activities in accordance with governmental orders; the 98 affected area, to get this done. GAIA cana decide extend the real period for signing  Conclude a tripartite agreement with citizen one whotime is thetoland and/or estate owner bilateral agreements by 30 days (Article 5.6). Bilateral agreements must be signed between and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner each or possessor in an affected area and the project implementer. Once these are andlandowner a legal entity. signed,Article the landowner possessor the project implementer signtoaorganize tripartitemeasures agreement Under 24.3, theorCapital Cityand Governor also has the authority for theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion and compliance with thebyrules, procedures, guidance, norms, and normative and implement standards in declared insolvent the courts. relation to urban redevelopment matters and to approve model procedure for selecting area for The Ulaanbaatar City Council’s role is primarily to amonitor and ensure that the the Capital City urban redevelopment projects. Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, thewith Ulaanbaatar City Council (and aimag city 96 Governor is fulfilling his/her responsibilities forMCUD, implementing the redevelopment agenda. Amnesty International telephone conversation 24 June 2016. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city 97 The GAHP has tasks to for ensuring community participation ger plans, area redevelopment areas in funding to resolve therelated budget urban development projectsinand monitors allocates councils) approves the required development and redevelopment documentation, addition to its of implementing redevelopment projects. funding to role resolve the budget resident-initiated for urban development projects and plans, monitors 98

Ger Area Operational Procedures, Article 3.16.

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BILATERAL AGREEMENTS

Based on the Ger Area Operational Procedures and the model agreement template, the bilateral agreement should include the following: 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

110



General information about both parties – this includes full name and registration number;

2016.

General information about the land and real estate – this includes size of the property, address, any immovable property, landownership/possession certificate number, real estate ownership certificate number; 

Compensation package – for example, if exchanging land for a new apartment: the location of the new apartment, which floor, the size and number of bedrooms, the value of the apartment, and when the apartment will be available, or payment terms in case of a sale and purchase transaction; 



Arrangement for any temporary accommodation while waiting for the new apartment to be constructed;



Ways of resolving the temporary accommodation in case of exchange for an apartment;

The tripartite agreement outlines the terms of the agreement negotiated between the landowner or

possessors and the private developer. On 5 July 2016 the Minister of Construction and Development approved the following model tripartite agreement procedures via Decree 125 – A Model Format of a Tripartite Agreement to be Concluded among Parties Involved in the Projects for Re-Organizing the Ger Area Land; A Model Format of a Tripartite Agreement to be Concluded among Parties Involved in the Projects for Re-Planning and Constructing of Ger Area Land; A Model Format of a Tripartite Agreement to be Concluded Among Parties Involved in the Projects for Re-Planning and Constructing of Inadequate Public Housing not Complying with the Operational Requirements. This means that, depending of the redevelopment project, the tripartite agreement will be different. 100

Amnesty International interview with GAIA, 15 March 2016.

101

Amnesty International interview with GAIA, 15 March 2016.

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50 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the general plansofofand development projects; of development  Organize activities, allocation land and implementation  Ways to address riskssub-project thatincluding may arise in the course project implementation; projects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years;  Ways of resolving disputes;  Appoint a General Architect for the capital city for a term of four years;  Establish a Department of both Urban Development and Construction which must be headed  Any other conditions agreed by parties; bythe Establish General Architect; a Department of Urban Development and Construction which must be headed the General Architect;  by Signature and seal of both parties. 102  Oversee the development of the General Development Plan for the capital city and make amendments and  the Oversee therevisions; development the General Development Plan forwill thereview capital city and make After bilateral agreements areofsigned, the Capital City Governor the project amendments and plan and approve it.revisions; According to Redevelopment Law Article 14.7.2.d, at this stage, the  related to urban development, land usage and threeMonitor parties processes - the project implementer, the Capital City Governor and protection; the landowners and  Monitor processes related to urban development, land usage and protection; possessors – can sign a tripartite agreement.  Deliver an annual report on urban development activities to the Ministry of Construction and Urban  Deliver annual report on urban Procedures developmentstates activities to the Ministry Construction Article 4.17Development. ofan the Ger Area Operational that signing bilateralofand tripartite and UrbanisDevelopment. agreements voluntary. However, Article 4.16 states that any landowner or possessor who Under Redevelopment Law Article 11, Capital Citythe Governor’s responsibilities are to: refusesthe to sign a tripartite contract shall bethe compensated appraised value of the land/real Under thebeRedevelopment Law the Article Governor’s are to: estate and required to vacate land.11, Sothe theCapital choice City is either to signresponsibilities a tripartite  Initiateorprojects based on theclause General Development Plan, Land Procedures Development Plan and agreement to be evicted. This in the Ger Area Operational contradicts the general plans and implement those activities; Initiate projects on the General Development Landimplementer Development Plan and the sub-project Redevelopment Lawbased Article 14.7.3.c which states that Plan, a project seeking to the sub-project plans and or implement activities; acquire land from general real estate owner possessorthose who has refused to sign a tripartite  Resolveneeds financing sources for projects and programs being implemented with local state agreement to submit a claim to the courts to seek an eviction. funding;  Resolve financing sources for projects and programs being implemented with local state funding; GAIA officials told Amnesty International that if the remaining 20% of landowners or  Select cannot a project implementer; possessors arrive at an agreement with the project implementer then the government  Select a project would have to establishimplementer; the amount of compensation to be provided. GAIA officials also told  Conclude a tripartite project implementation andcurrent ensure redevelopment implementation Amnesty International thatagreement there has for been no case so far under the of the agreement;  Conclude a tripartite agreement for project implementation and ensure implementation agenda in which the government has intervened to acquire land under the provisions in the 103 of the agreement; Ger Area Operational Procedures.  Ensure community participation by promoting and publicizing projects, programs and plans the public, and receive feedback complaints;  Ensure community participation by and promoting and publicizing projects, programs and Underto the Ger Area Operational Procedures Article 3.19, before signing the tripartite plans to the public, and receive feedback and complaints; agreements, the project implementer needs to produce a comprehensive resettlement plan  Implement activitiesCommittee. in accordance governmental orders; International and submit it to regeneration the Project Steering Twowith companies told Amnesty 104  Implement regeneration activities in accordance with governmental orders; that these resettlement plans are not made publicly available.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and legal entity.  a signing Conclude tripartiteagreements, agreement with citizenimplementation who is the landphase and/orcan realbegin. estateThis owner Upon theatripartite the aproject is and a legal entity. the point where landowners and possessors vacate their land and when evictions would take Underagainst Article those 24.3, who the Capital Governor also has the authority to organize Law measures place refusedCity to sign a tripartite agreement (Redevelopment Articlefor the continuation and completion of a project in cases where the project implementer Under Article 24.3, the Capital City Governor also has the authority to organize measures 14.7.3.b and 14.7.3.c and Ger Area Operational Procedures Article 4.16). Accordingisto thefor declared insolvent by courts. the continuation and completion of a project in submit cases where thetoproject implementer is Redevelopment Law, athe project implementer must a claim the courts for an eviction. declared insolvent by the courts. Evictions are carried out by the Court Decision Enforcement Agency. However, GAIA and the The City Council’s role to is Amnesty primarily International to monitor and ensure that the Capital City threeUlaanbaatar private developers who spoke said that in practice the project Governor is fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. 102Under Article councils) approves the required development and redevelopment documentation, allocates 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Ger Area Operational Procedures, Article 3.17 and additional details included in a model bilateral funding to resolve the budget for urban development projects and plans, monitors councils) approves the required development and redevelopment documentation, allocates agreement provided by GAIA; unofficial English language translation on file with Amnesty International. funding to resolve the budget for urban development projects and plans, monitors 103

Amnesty International interview with GAIA, 15 March 2016.

104

Amnesty International interviews with construction companies on 4 and 10 August, 2016.

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 51 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 51 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, ger areastoand old parts of the city. implementer continues negotiate until an agreement is reached. Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken Ulaanbaatar CityCapital Council makes the final decision approve, or not, the work being forwardimplementer by the City Under thetoGer Area Operational Procedures, ifthe a project fails to Governor commence decision to approve, or not, the work being taken forward by the Capital City Governor including deciding on the location, size and intended use of the land for a redevelopment construction work within six months, or repeatedly breaches rules and standards or breaches including deciding onthe thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the its obligations under tripartite agreement, the Project Steering Committee can area, approving funding from the city budget, and monitoring implementation. When the council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these recommend that the project implementerâ&#x20AC;&#x2122;s right to develop the area be terminated (Article council is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles. 4.25). The outgoing Capital City Governor and Ulaanbaatar City Mayor issued six Decrees on roles. 30 June 2016 cancelling authorization for six project implementers in redevelopment areas 105policy and overseeing At Songinokhairkhan, the national level, the MCUD isand responsible for districts. state-level in Chingeltei, Sukhbaatar At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures compliance with the legislation. The Ministry approves any procedures developed atauthority the local level for selecting areas for redevelopment and implementing projects and has the The Ger Area Operational Procedures do not give any information on the project completion level for selecting areas redevelopment and implementing projects and has the authority to cancel authorization for a redevelopment project if they rule that the tender process phase. However, under the Redevelopment Law, a report must be prepared to show thewas to authorization for a redevelopment project 110 if they rule thatwhich the tender was notcancel carried out in accordance with the Theproject, Ministry also arranges guidance accounts, financial calculations and anregulations. evaluation of the is thenprocess reviewed by 110 not carried out in accordance with the regulations. The Ministry also arranges guidance and support for urban redevelopment and implements and monitors priority projects, program the Monitoring Committee (Redevelopment Law Article 14.7.4.c). According to the Ger Area and and implements monitors priority projects, and support plans atfor theurban state redevelopment level. Operational Procedures Article 5.5, GAIA also assessesand project implementation and isprogram and plans at the state level. required to produce a biannual report on the findings.

OPERATIONAL PROCEDURES FOR DEMOLISHING AND REBUILDING INADEQUATE PUBLIC HOUSING NOT 110 Amnesty WITH International interview with Ministry of Construction and Urban Development, 14 March COMPLYING OPERATIONAL REQUIREMENTS Amnesty International interview withagenda Ministryinvolves of Construction and UrbanofDevelopment, March 2016. Another part of the redevelopment the demolition inadequate 14 public

110

2016. housing not complying with operational requirements, which are public housing buildings,

typically apartment blocks, which have been assessed to be unsafe and/or structurally unsound. Privatization of apartments began in 1997 and allowed many Ulaanbaatar residents living in apartment buildings/condominiums to obtain ownership of their apartment. 106 However, many of these buildings are poorly built, dilapidated and in urgent need of repair. Some buildings lack basic infrastructure including toilets and running water. The Operational Procedures for Demolishing and Rebuilding Inadequate Public Housing not Complying with Operational Requirements (Inadequate Housing Operational Procedures) outline the steps for developing and implementing redevelopment of inadequate public housing. They were approved on 5 July 2016 by the Minister of Construction and Urban Development. These procedures replace the Operational Procedures for Inadequate Public Housing not Complying with Operational Requirements which were passed on 9 June 2014 by the Ulaanbaatar City Council Presidium and regulate the redevelopment of inadequate public housing. Under these procedures any redevelopment sub-project proposal to construct a new public housing building must provide apartment owners with apartments of equal or larger size. This process is overseen by the City General Planning Agency (GPA). This section looks at the new procedures but, at the time of writing, it is too early to assess their

105

Decrees A/566, A/568, A/569, A/570, A/571,and A/572 passed by the Capital City Governor and

Ulaanbaatar City Mayor, 30 June 2016; unofficial English language translations on file with Amnesty International. 106

Chinzorig Batbileg, Advisor to the Director General, Land privatisation in Mongolia: international

seminar on land administration trends and issues in Asia and Pacific Region, Administration of Land Affairs, Geodesy and Cartography, 19-20 August 2008.

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52 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING INare ULAANBAATAR, MONGOLIA City Governor’s responsibilities to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development projects based on the sub-project general plansofand projects; of development  Organize activities, including allocation landdevelopment and implementation implementation in practice. projects based on the sub-project general plans and development projects;  Appoint a General Architect for the capital city for a term of four years; According to the GPA, before a public housing building is eligible for redevelopment it must  Appoint a General the capital city for a term ofThe four years; authority will be assessed and found toArchitect be unsafefor and/or structurally unsound. inspection  Establish a Department of Urban Development and Construction which be headed inform the apartment owners and the Capital City Governor of their decision must on whether the by the General Architect;  Establish a Department of Urban Development and Construction which must be headed building has been found to be unsafe and/or structurally unsound. Based on assessments and by theofGeneral reports several Architect; government entities, the Capital City Governor makes the decision on the  Oversee theofdevelopment 107the General Development Plan for the capital city and make redevelopment the building.of amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make amendments and revisions; The Redevelopment Law Article 16.2 states that the Capital City Governor (or soum or aimag  Monitor processes related tofor urban development, and protection; governor) shall make a decision prohibition on the land use ofusage a building based on the report  Monitor related to urban development, land usage and prepared by theprocesses competent inspection organization on construction and protection; urban development.  Deliver anthe annual report on urban Procedures developmentalso activities to the of shall Construction Article 3.2 of Inadequate Housing states that theMinistry Governor make a and Urban Development.  Deliver an annual report on urban activities the Ministry of Construction decision to “suspend special licenses fordevelopment running businesses or to services from inadequate and Urban housing until Development. the new building is built.” Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to: Under theowners Redevelopment Law Article 11, the to Capital City Governor’s responsibilities are to: Apartment should then submit a request the Capital City Governor within 14 days  their Initiate projects based on the General Development Plan, LandLaw Development Plan and for building to be covered in the re-planning (Redevelopment 16.3, Inadequate the general plans andthe implement those activities;  sub-project Initiate projects based on General Development Plan,Housing Land Development Housing Procedures Article 3.4). Article 3.5 of the Inadequate Procedures Plan statesand thethe sub-project general plans and by implement those activities; that request must be supported no less than 80% of apartment owners.  Resolve financing sources for projects and programs being implemented with local state funding;  Resolve financing sources for projects andselection programsofbeing implemented withare local state The project implementation activities, including a project implementer funding; conducted in line with the Redevelopment Law (Articles 1.4 and 4.2). For the selection of a  Select a project Article implementer; project implementer 19.6 of the Redevelopment calls for the establishment of an  Select a project implementer; Evaluation Committee to organize and conduct the selection process. The Inadequate  Conclude a tripartite agreement for project and ensure implementation Housing Operational Procedures expand on this implementation and call for a representative of the apartment of the agreement;  Conclude a tripartite agreement for project implementation implementation owners to be a member of the Evaluation Committee and specifiesand thatensure the Committee must of the agreement; make a decision within 30 days (Articles 4.4 and 4.5).  Ensure community participation by promoting and publicizing projects, programs and plans to the public, and receive feedback complaints;  Ensure community participation by and promoting and projects, programs and After the Evaluation Committee has made its decision, thepublicizing company will be granted the right plans to the public, and receive feedback and complaints; to negotiate and sign bilateral agreements with the apartment owners (Article 4.8). Unlike  Ger Implement regeneration activitiesthe in accordance with governmental the Area Operational Procedures, signing of bilateral agreementsorders; for inadequate  Implement regeneration activities in accordance with governmental orders; housing comes after the company has been authorized as the project implementer.  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and entity.  a legal Conclude a tripartite agreement with a citizen who is the land and/or real estate owner and a legal entity. According to the 24.3, Inadequate Housing Operational Procedures, thethe bilateral agreement should include the for Under Article the Capital City Governor also has authority to organize measures following: the continuation and completion a project in cases where project is Under Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion  declared General insolvent informationby about real estate owner; the the courts. The Ulaanbaatar City Council’s role is primarily to monitor and ensure that the Capital City  The General about the landrole andisreal estate; Governor is information fulfillingCity his/her responsibilities for implementing theensure redevelopment agenda.City Ulaanbaatar Council’s primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. councils) approves development and redevelopment documentation, allocates Under Article 8 ofthe therequired Development Law, the Ulaanbaatar City Council (and aimag city funding to resolve thethe budget for urban development projects and plans, monitors allocates councils) approves required development and redevelopment documentation, 107 Chapter to Two of the the Inadequate Procedures also outlines theand steps for identifying funding resolve budgetHousing for urban development projects plans, monitorshousing not

BILATERAL AGREEMENTS

complying with operational requirements.

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 53 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 53 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA implementation of the development and redevelopment documentation and plans, together implementation theGovernor; development and redevelopment and together with the Capitalof City and makes decisions on documentation the development of plans, new districts or with the Capital ger Cityareas Governor; andparts makes decisions micro-districts, and old of the city. on the development of new districts or micro-districts, and oldagreement, parts of the  In cases of ager saleareas and purchase the city. timeline for the payment; Under Article 10 of the Redevelopment Law, the Ulaanbaatar City Council makes the final Under Article 10 of the Redevelopment Law,taken the Ulaanbaatar Council makes the final decision to approve, or not, the work being forward by the Capital City Governor  Information about the new apartment being offered including whichCity floor, the number of rooms, size of decision approve,on or the not,location, the worksize being forward Governor includingtodeciding andtaken intended useby ofthe theCapital land forCity a redevelopment the apartment and the schedule for when the new apartment will be ready to hand over; including deciding on thefrom location, sizebudget, and intended use of the land for a redevelopment area, approving funding the city and monitoring implementation. When the area, approving funding the city City budget, and monitoring implementation. When council is in recess, thefrom Ulaanbaatar Council Presidium has the authority to fulfilthe these  The agreement concerning moving costs and how it will be resolved; council roles. is in recess, the Ulaanbaatar City Council Presidium has the authority to fulfil these roles.  The agreement on temporary resettlement; At the national level, the MCUD is responsible for state-level policy and overseeing At the national level, MCUD isThe responsible for state-level policy anddeveloped overseeingat the local compliance with the the legislation. Ministry approves any procedures  Ways to resolve any risks that may arise in the course of project implementation; compliance with the legislation. The Ministry approves any procedures developed the local level for selecting areas for redevelopment and implementing projects and has theatauthority level for selecting areas for aredevelopment implementing projects has the authority to cancel authorization redevelopmentand project if they rule that theand tender process was  Signature of both parites, seals and dates; to authorization for a redevelopment project 110 if they that also the tender process was notcancel carried out in accordance with the regulations. The rule Ministry arranges guidance 110 not accordance with the and regulations. The also arranges guidance andcarried supportout forinurban redevelopment implements andMinistry monitors priority projects, program 108  Any other information. and and implements and monitors priority projects, program and support plans atfor theurban state redevelopment level. and plans at the state level. The Inadequate Housing Operational Procedures makes no mention of evictions. According to Article 5.6, the project implementer “shall try to negotiate with the real estate owner at any stage of the process and take measures to reach a consensus with the real estate owner who 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March does not sign a tripartite agreement.” The Procedures make no mention of what happens if 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016. the project implementer and apartment owner fail to reach an agreement but, as previously 2016. noted, Article 14.7.3c of the Redevelopment Law says that the project implementer can submit a claim to the courts if an agreement cannot be reached.

The Inadequate Housing Operational Procedures also note that “in order to protect the life, property, health and safety of house owners the competent authority shall take measures to suspend activities and limit water, heating, [and] electricity.” This article does not provide information on the process that should be followed before suspending or limiting water, heating and electricity. Any process must include safeguards about when such measures can be taken and must ensure that these measures are not used to deny people minimum essential services or to arbitrarily cut off services which are an element of their right to adequate housing.

3. KEY AUTHORITIES Both central government and city level authorities have responsibility for overseeing the redevelopment agenda. The state level focuses on compliance with the law while the city level authorities, particularly the Governor, are responsible for ensuring the smooth implementation of the redevelopment process and for managing any problems or complaints. The Governor of the capital city 109 and aimags has responsibilities under both the Development and the Redevelopment Law. Under the Development Law Article 9, the Capital

108

Inadequate Housing Procedures, Article 4.11.

109

Under the Law on the Legal Status of the Capital City, the posts of Capital City Governor and

Ulaanbaatar City Mayor must be filled by the same individual but the Capital City Governor’s Office and Ulaanbaatar City Mayor’s Office must be kept separate.

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Amnesty International December 2016

54 FALLING SHORT RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA SHORT 54 THEFALLING

THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

City Governor’s responsibilities are to: City Governor’s responsibilities are to:  Organize activities, including allocation of land and implementation of development City responsibilities aregeneral to: projects based on the sub-project plansofand projects; of development  Governor’s Organize activities, including allocation landdevelopment and implementation projects based on the sub-project general plans and development projects;  Organize includingfor allocation of land anda implementation of development Appoint aactivities, General Architect the capital city for term of four years; projects based aonGeneral the sub-project  Appoint Architectgeneral for the plans capitaland citydevelopment for a term ofprojects; four years;  Establish a Department of Urban Development and Construction which must be headed  the Appoint a General Architect the Development capital city forand a term of four years; by General Architect; Establish a Department of for Urban Construction which must be headed by the General Architect;  Establish a Department Development and Construction must headed Oversee the developmentofofUrban the General Development Plan for thewhich capital citybeand make by the General Architect; amendments and revisions;  Oversee the development of the General Development Plan for the capital city and make amendments and revisions;  Oversee the development General Development theprotection; capital city and make Monitor processes related of to the urban development, land Plan usagefor and amendments and revisions;  Monitor processes related to urban development, land usage and protection;  Deliver an annual report on urban development activities to the Ministry of Construction   Urban Monitor processes usagetoand and Development. Deliver an annualrelated report to onurban urbandevelopment, development land activities the protection; Ministry of Construction and Urban Development.  Deliver an annual report onArticle urban 11, development activities to the Ministry of Construction Under the Redevelopment Law the Capital City Governor’s responsibilities are to: and Urban Development. Under the Redevelopment Law Article 11, the Capital City Governor’s responsibilities are to:  Initiate projects based on the General Development Plan, Land Development Plan and Under the Redevelopment Law Article 11, theDevelopment Capital City Plan, Governor’s are and to: the sub-project generalbased plans and implement those activities; Initiate projects on the General Land responsibilities Development Plan the sub-project general plans and implement those activities;  Initiate based on the General Development Development Resolve projects financing sources for projects and programsPlan, beingLand implemented with Plan localand state the sub-project general plans and implement those activities; funding;  Resolve financing sources for projects and programs being implemented with local state funding;  Resolve sources for projects and programs being implemented with local state Select a financing project implementer; funding;  Select a project implementer;  Conclude a tripartite agreement for project implementation and ensure implementation  the Select a project implementer; of agreement; Conclude a tripartite agreement for project implementation and ensure implementation of the agreement;  Conclude a tripartiteparticipation agreement for project implementation andprojects, ensure implementation Ensure community by promoting and publicizing programs and of agreement; plans the public, and receive feedback complaints; the to Ensure community participation by and promoting and publicizing projects, programs and plans to the public, and receive feedback and complaints;  Ensure community participation and publicizing projects, programs and Implement regeneration activitiesbyinpromoting accordance with governmental orders; plans the public, and receiveactivities feedbackinand complaints;  to Implement regeneration accordance with governmental orders;  Conclude a tripartite agreement with a citizen who is the land and/or real estate owner  a Implement regeneration activities in accordance withisgovernmental orders; and legal entity. Conclude a tripartite agreement with a citizen who the land and/or real estate owner and a legal entity.  Conclude a tripartite agreement with a citizen whothe is the land and/or real estate ownerfor Under Article 24.3, the Capital City Governor also has authority to organize measures and a legal entity. theUnder continuation and completion a project in cases where project is Article 24.3, the Capitalof City Governor also has the the authority to implementer organize measures for declared insolvent by courts. of a project in cases where the project implementer is the continuation andthe completion Under Article 24.3, the Capital City Governor also has the authority to organize measures for declared insolvent by the courts. the of aisproject in to cases where theensure projectthat implementer The continuation Ulaanbaatar and City completion Council’s role primarily monitor and the CapitalisCity declared insolvent by the courts. Governor is fulfilling his/her responsibilities for implementing theensure redevelopment agenda.City The Ulaanbaatar City Council’s role is primarily to monitor and that the Capital Under Article 8 of the Development Law, the Ulaanbaatar City Council (and aimag city Governor is fulfilling his/her responsibilities for implementing the redevelopment agenda. The Ulaanbaatar Council’s role is Law, primarily to redevelopment monitor and that theaimag Capital City councils) approves required development and documentation, allocates Under Article 8City ofthe the Development the Ulaanbaatar Cityensure Council (and city Governor fulfilling responsibilities for implementing the redevelopment funding toisresolve thehis/her budget for urban development projects and plans, monitorsagenda. councils) approves the required development and redevelopment documentation, allocates Under Article 8 of the Development Law, the Ulaanbaatar City Council (andmonitors aimag city funding to resolve the budget for urban development projects and plans, councils) approves the required development and redevelopment documentation, allocates funding to resolve the budget for urban development projects and plans, monitors

Amnesty International December 2016 Amnesty International December 2016

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Amnesty International December 2016

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FALLING SHORT 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT 55 55 THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA

Amnesty International interview with Ministry of Construction and Urban Development, 14 March

Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

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2016. 110 Amnesty International interview with Ministry of Construction and Urban Development, 14 March 2016.

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Amnesty International December 2016

54 FALLING SHORT THE RIGHT TO ADEQUATE HOUSING IN ULAANBAATAR, MONGOLIA 56 54 FALLING SHORT

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FALLING SHORT THE RIGHT TO ADEQUATE HOUSING AT RISK IN ULAANBAATAR, MONGOLIA Ulaanbaatar, Mongolia’s capital, is undergoing large-scale redevelopment to provide better housing and access to services for residents and to combat high pollution levels. The redevelopment agenda focuses on both Ulaanbaatar’s ger areas, where 60% of Ulaanbaatar’s 1.3 million residents live, and on public housing buildings which are unsafe and/or structurally unsound. Despite the advanced stage of the redevelopment agenda in Mongolia, relevant laws and policies are lagging behind practice. This briefing examines the process in place for ger area redevelopment and redevelopment of inadequate public housing buildings, the two areas of the redevelopment agenda that directly affect the most number of Ulaanbaatar residents. It reviews the current redevelopment legal and policy framework and assesses its ability to protect the rights of those affected by the redevelopment process. Amnesty International’s research found significant shortcomings in the laws, policies and practices of redevelopment. This legal and regulatory framework is not in line with Mongolia’s obligations under international human rights law and standards, and places a large number of residents at risk or in a situation of permanent uncertainty about their housing situation.

Index: ASA 30/4933/2016 12/2016 Language: English

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