Gold Mining Sector of the Kyrgyz Republic

CEU eTD Collection THE CASE OF In partialIn fulfillment of the requirements for the degree of Master of Laws in GOLD MINING SECTOR OF THE KYRGYZREPUBLIC:

Budapest, Hungary VIOLATION OF THE RIGHT TO HEALTH by Isaeva Nurila Human RightsHuman Submitted to

CEU eTD Collection significantly generosity and input thesis: improved this whose persons following the to grateful am I Acknowledgments  

Professor Judit Marcella Sandor, for extremely valuable comments on my thesis mythesis on valuablecomments extremely Sandor,for JuditMarcella Professor Professor thesis; and writing of process the throughout guidance and thesis, this of drafts various

Thomas Lynch, for extremely helpful comments and discussions on on discussions and comments helpful extremely for Lynch, Thomas

CEU eTD Collection human rights. basic of violation gross to amountsrights health address properly that laws environmental and rig human to adherence strong state‘s demonstrate not does standards rights human international with comply that laws activities. thatapply tomining heal environmental, principal Kyrgyzstan‘s and health to right the of protection of standards recognized internationally evaluates i.e. subject, the on method comparative fulfi and protect respect, to obligations legal its meeting is Kyrgyzstan which to extent the explore to (3) as well as levels; domestic and international at regulated and addressed is intersection o level existing examine and identify to (1) are paper this of goals main The sector. mining gold to attention special with industry, ABSTRACT l the right to health. health. to right the l regulations and laws of adoption passive the that is raises paper this that idea core The mining Kyrgyz the and health to right the issues: different two on focuses paper This

hts. In other words, Kyrgyzstan‘s failure to enforce national mining mining national enforce to failure Kyrgyzstan‘s words, other In hts. In order to address the questions raised, this paper employs a a employs paper this raised, questions the address to order In

f intersection between these two large areas; (2) how this this how (2) areas; large two these between intersection f

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CEU eTD Collection A GOLD MINING SECTOR IV. CHAPTER REGULATI III. CHAPTER AND HEALTH RIGHTS HUMAN II. CHAPTER KYRGYZSECTOR THE MINING GOLD I. CHAPTER PROFILE: COUNTRY THE REPUBLIC KYRGYZ Table ofContents: 4.4 Mining, occupational safety andunder Kyrgyz health the legislation 4.3 Health, andgold contamination water under the mining Kyrgyz legislation 4.2 Health,and environmentgold underKyrgyz the mining legislation 4.1. The healththe right to under Kyrgyz legislation Its3.2 The Right and Health Human to Other Rights to Relation 3.1 HealthHuman as Right a 2.4 Theblessing Kumtorproject:evil? or 2.3 Modern status ofKyrgyz sector mining exploitation ofthe2.2 Soviet Kyrgyz resources. social development 2.1 Goldmining and mineral a economic major extraction as Kyrgyz driver resource and of Institutional1.3 framework Legal1.2 framework 1.1 General country background INTRODUCTION Table of Contents: ABSTRACT Acknowledgments the Kyrgyz legislation 4.5 Mining, andhealth access in public participation information to 3.2.4 Mining, access information health to andpublicparticipationin 3.2.3 Mining, occupational safety and health 3.2.2 Health, and contamination water gold mining 3.2.1 Health, andgold environment mining 3.1.5 Availability, Accessibility, Quality Acceptability and criteria)AAAQ (the 3.1.4 Other Actors‘Obligations 3.1.3 3.1.2 HealthRights and Human Movement Health? is 3.1.1 What

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CEU eTD Collection Bibliography CONCLUSION AND RECOMMENDATIONS Kyrgyz legislation 4.6 The an right to effectiveremedyfor damages causedunder by mining the activities

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CEU eTD Collection 5 Twenty Toxic 4 water, contaminated bathingin 3 Resources 2 1998 December Institute, Worldwatch 1 resource water, potable safe to environment, safe to health, to right the of realization full the immedia their neglect many to tend benefits governments national financial immediate by Fuelled resources. mineral with rich be to happen also that economies weak with countries in development and growth economic for resource ge is extraction Mineral investments. for attraction great people poisons and water, pollutes ecosystems, existing disturbs landscapes, people potentiallyaffected byglobally. thepollutants pollutants pop the the to pollutants of transferring of of ways (2) extracted; toxicity and severity (1) to regard having most activities, ten human top destructive world‘s the of one be to considered is activities mining Switzerland, Cross minerals). mine the of extraction involved immense has growth this of component important an particular, In resources. natural of consumption the boosted significantly have population world‘s the of growth continuous resources INTRODUCTION

Gary Gardner and Payal Sampat, Sampat, Payal and Gardner Gary

Blacksmith Institute and Green Cross Switzerland, Switzerland, Cross Green and BlacksmithInstitute Blacksmith Institute and Green Cross Switzerland, Switzerland, Cross Green and BlacksmithInstitute Bridge Gavin Pollutants can can Pollutants Though createsa significant extraction mineral 20 The , 2004 , 1 2 Itnie industrialization Intensive .

, codn otersac onl netknb lcsih Inst Blacksmith by undertaken jointly research the to According 2008 , Contested Terrain: Mining and the Environment and Mining Terrain: Contested , enter the body in various ways such as such ways various in body the enter

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centuries can be distinguished by the unprecedented use of natural of use unprecedented the by distinguished be can centuries or through direct skin contact (see above n.3) above (see through skincontact or direct rals from the earth (i.e. metals, fuel, industrial and construction construction and industrial fuel, metals, (i.e. earth the from rals Mind Over Matter: Recasting the Role of Materials in Our Lives in of Materials Role the Recasting Matter: Over Mind

n ubnzto o mdr scey s el s the as well as society modern of urbanization and above n.4 above The World’s Worst Pollution Problems: the Top Ten of the the Ten of Top the Problems: Worst Pollution World’s The

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CEU eTD Collection ―Kyrgyzstan‖ i.e. name, ofthe version second events, 6 and safety thatactivities. applyto mining laws health environmental, principalKyrgyzstan‘s and health rightto the of protection of standards c a employs paper health. to right the fulfil and protect respect, to obligations legal its meeting is Kyrgyzstan extent what to explore to (3) as well as levels; address is intersection this how (2) areas; large two these between intersection of level existing examine and identify to (1) are paper this of goals main The sector. mining gold to attention special with industry, mining Kyrgyz participation, importantly attainable andmost totheofhealth. highest standard public to information, to access to housing, adequate to water, safe to environment, safe to the from protec and ensure to commitment Kyrgyzstan‘s i.e. questioned perspective, rights human strongly be can industry mining Kyrgyz the of viability the present mining to indifference and ignorance corruptness, government‘s Kyrgyz the as well as issues health and sanitation standards, environmental of appreciation no or little companies‘ mining the Unfortunately, Ky experts foreign of assessment the to According income. export sourceof country‘smain and foreigninvestors area gold ofinterestthe mainfor themining country.is industry Atpresent mining throughout Uni Soviet the in membership its during discovered was potential mineral enormous Its resources. mineral for rich mountains with example ofthisassumption. ―Kyrgyzstan‖)(akaRepublic Kyrgyz goods.The public otherand preservation

The ―Kyrgyz Republic‖ ―Kyrgyz The while In this regard, this paper focuses on two different issues: t issues: different two on focuses paper this regard, this In country mountainous a is Kyrgyzstan the ―Kyrgyzstan‖ is ―Kyrgyzstan‖ the omparative method on the subject, i.e. evaluates internationally recognized recognized internationally evaluates i.e. subject, the on method omparative rgyzstan has a great potential for extensive exploration of gold deposits. gold of exploration extensive for potential great a has rgyzstan

is an official name of the country, i.e. approved and used in all official documents and and documents official all in used and approved i.e. country, the of name official an is -

related health issues are the main problems of the Kyrgyz people. people. Kyrgyz the of problems main the are issues health related

unofficial but commonly used name. In this paper I will mostly use the the use mostly will I paper this In name. used commonly but unofficial

on, which later resulted in rapid development of of development rapid in resulted later which on, d n rgltd t nentoa ad domestic and international at regulated and ed –

n re t ades h qetos asd this raised, questions the address to order In

about 75 per cent of the territory is covered is territory the of cent per 75 about he right to health and the and health to right he t people‘s rights people‘s t 6

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CEU eTD Collection provides concrete recom and chapters preceding from conclusions draws paper the of part Final legislation. Kyrgyz the under activities mining by affected mostly are that rights human other to linked is health mining Kyrgyz which to extent the rightthe of realization full the legislationensures both explores IV Chapter information. to access to and participation to health, occupational to right the water, potable to environment, safe to activi mining by affected mostly are that rights human other and health to right the between linkage a examines part second The health. to right the of elements main the defines part first The parts. two into divided is and health, to right human the to related norms rights international discusses III Chapter status. current its and industry mining Kyrgyz go on focus special with about information general provides II Chapter framework. institutional and legal as well as geography, situation, economic and political current as such un better for useful be can which Kyrgyzstan local and authors. international of reports and researches studies, articles, legal relevant of range legisla Kyrgyz relevant health, to right the related documents and treaties human rights. environmental and mining national enforce to failure Kyrgyzstan‘s words, other In rights. human to adherence strong state‘s demonstrate not does standards rights human international with comply that

scope of the right to health, history of emergence of human rights approach to health and and health to approach rights human of emergence of history health, to right the of scope The structure of this paper is as follows. Chapter I briefly presents general facts about facts general presents briefly I Chapter follows. as is paper this of structure The rights human international the of analysis an reflects mostly paper this in research The rai paper this that idea core The

laws that properly address health rights amounts to gross violation of basic basic of violation gross to amountsrights health address properly that laws mendations. d iig etr eg hsoia bcgon o te omto of formation the of background historical e.g. sector, mining ld

ses is that the passive adoption of laws and regulations and laws of adoption passive the that is ses esadn fteise rie n hs paper, this in raised issues the of derstanding

to health and the extent to which the right to right the which to extent the andhealth to iig nuty f Kyrgyzstan, of industry mining ties, such as the right the as such ties, tion, and a wide wide a and tion, 3

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1.1 General1.1 country background United States United Library of Congress of the United States States United the of Congress of Library K.Moldogazieva and M.Spoor, M.Spoor, and K.Moldogazieva The Kyrgyz Republic (also known as the ―Kyrgyzstan‖) is the second the is ―Kyrgyzstan‖) the as known (also Republic Kyrgyz The

The present chapter briefly presents general facts about Kyrgyzstan which can be be can which Kyrgyzstan about facts general presents briefly chapter present The of the country‘s themountains. of iscovered territory with -

The territory of the Kyrgyzstan is mountainous, and occupi and mountainous, is Kyrgyzstan the of territory The 9 Soviet era (i.e. transitional period). era (i.e. Soviet Central Intelligence Agency Intelligence Central

It stretches 425 km from north to south, and 900 km from west to east. Almost east. to west from km 900 and south, to north from km 425 stretches It

7 s, Working Paper Series No.239, February 1997. According to the data provided at CIA CIA at provided data the to According 1997. February No.239, Series Paper Working s,

Administratively the Kyrgyzs the Administratively

. The history of the Kyrgyzstan can be divided into three periods: pre periods: three into divided be can Kyrgyzstan the of history The . – Human Ecology in Kyrgyzstan: the Soviet Legacy or Dynamics of Transition of Dynamics or Legacy Soviet the Kyrgyzstan: in Ecology Human

41,277 sq km; in total total in km; sq 41,277

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205,43 tan is divided into seven oblasts (regions); oblasts seven into divided is tan 8 sq km. However, the total amount of the the of amount total the However, km. sq 8 an (1,224 km), and on the south by south the on and km), (1,224 an Kyrgyzstan: A Country Study Country A Kyrgyzstan: , Washington 10

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CEU eTD Collection Profile 14 Treatment 13 Conflict 12 11 the of 10 size population than higher times Kyrgyzstan. nine is people) thousand 45,606 (about countries these of population outlets, media several of closure the and prices energy rising democratic corruption, over anger public bypassing significantly was regime long large a Later developments. years 15 whose Akaev Askar Kyrgyzstanthe of Presidentoverthrown firsthadRevolution,Tulip the a as known be cameto Specifical independency.its of establishment context Political people found temporaryrefuge inUzbekistan. 75,000 while 300,000 conflict, this about of result UNHCR a the as displaced of internally been information had individuals the to according people: of thousands on deva a had crimes massive with accompanied conflict The wounded. 1,900 over so the in flared hadclash ethnic serious pil and assault murder, (rape, committed were crimes 5,000 than tragic was conflict the of outcome the regions; southern the in erupted riot mass of form the in conflict ethnic inter serious in resulted tension this Particularly, time. of period long a for existed has dispute, t A (9,0%). Russian and (14,5%) Uzbek (69%), Kyrgyz are Kyrgyzstan the in represented groups people. thousand 5,668 about is Kyrgyzstan Population.

http://www.census.gov/population/international/data/idb/country.php See, e.g., e.g., See, United Nations High Commissioner for Refugees (UNHCR), (UNHCR), Refugees for Commissioner High Nations United Valery Tishkov, Tishkov, Valery Open Society Justice Initiative, Initiative, Justice Society Open ension between two major ethnic groups (Kyrgyz and Uzbeks), initially based on a land land a on based initially Uzbeks), and (Kyrgyz groups ethnic major two between ension - ethnic violence between Kyrgyz and Uzbeks in 1990 and 2010. In June 1 June In 2010. and 1990 in Uzbeks and Kyrgyz between violence ethnic – , Journal of Peace Research, Vol. 32, No. 2 (May, 1995), pp. 133 pp. (May, No.2 1995), 32, Vol. Research, ofPeace Journal ,

Central Asia Central , January2012 , http://www.welcome.kg/ru/kyrgyzstan/region/development/191.html

According to th to According “Don't Kill Me, I'm a Kyrgyz!”: An Anthropological Analysis of Violence in the Osh Ethnic Osh the in Violence of Analysis Anthropological An Kyrgyz!”: a I'm Me, Kill “Don't Krysa wn truh pro o pltcl pevl sne the since upheavals political of period a through went Kyrgyzstan . .

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mainly from output at the Kumtor gold mine. mine. gold Kumtor the at output from mainly - ethnic violence in the south of south the in violence ethnic - incom

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CEU eTD Collection and development the in 19 participates companies; pharmaceutical and institutions care health of activity the assesses and monitors consideration; further for government the to submit and health of field the in acts legal prepares implementation; their evaluates and monitors and programs, protection and promotion health special and national implements and coordinates which ofmain thelist statebodiesenvironmental is only. issues. Below and health activities, mining over control conduct bodies state ten than more Kyrgyzstan In Institutional1.3 framework applyactivities areIV tomining intheChapter reflected of paper. this envi principal Kyrgyzstan‘s the of Most decrees. and orders presidential regulations, governmental Parliament, the are by acts laws of legal form a The in law.adopted of source a not are Precedents Kyrgyzstan. in application direct a has constitution The law. customary and legislature Constitution, respect international ofother treaties. ofprovisions priorityareof in and territory Kyrgyzstan the of on actiondirecthaverights human treatieson t of constituent part are the internationallaw andrecognized principlesnormsthe universally of as well as procedure, legal established the under force into entered have which and party, a Development Promotion, Health for Charter Ottawa The (1978), Declaration he Kyrgyz legal system. Moreover, it is determined that the provisions of international international of provisions the that determined is it Moreover, system. legal Kyrgyz he

The Constitution of the Kyrgyz Republic adopted in a referendum held on 27 June 2010, (3) Article 6 June2010, 27 on held inreferendum a adopted Republic the Kyrgyz Constitution of The h lgl ytm f ygztn s ae o a ii lw ytm wih osss f the of consists which system, law civil a on based is Kyrgyzstan of system legal The Co Kyrgyz the to According The Ministry of Health of the Kyrgyz Republic is the main regulatory state body body state regulatory main the is Republic Kyrgyz the of Health of Ministry The and many others.and many

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CEU eTD Collection Kyrgyzstan, 21 State, Department of 20 over contributes now industry Mining market. domestic small and mountainous landlocked, geographic country‘s the to regard foreign having for interest investors, of area main the is extraction mineral Nowadays Soviet strategy. overall economic the in supplier materials raw mineral a of position solid a had Kyrgyzstan Ky the of potential real a actually when era, Soviet the During urban 29 of out 14 and towns 22 of out 6 Specifically years. eighty last the for economy country‘s for priority a been minerals. other many and arsenic, molybdenum, tin, oxide, uranium oxides, coal, copper, silver, materials, earth economic and social development operations, inthe forth bediscussed will section. of Soviet from criticism Kyrgyzstan by inherited legacy dangerous The the as well as project, Kumtor mine. gold operating currently largest the project, mine Kumtor the on of formation the min Kyrgyz of background historical gives section second The and progress. social Kyrgyzstan‘s economic of source key a industry mining make that reasons the explains gold on focus special with II. GOLD MININGCHAPTER KYRGYZ THE SECTOR 2.1 Gold 2.1 mining and resourcemineral extraction as a drivermajor ofKyrgyz Zozulinsky, Artyom V. Bogdetsky, V.Stavinskiy, E.Shukurov, M.Suyunbaev, M.Suyunbaev, E.Shukurov, V.Stavinskiy, Bogdetsky, V. The present chapter provides general information about mining industry of Kyrgyzstan, of industry mining about information general provides chapter present The The Kyrgyz land is rich for mineral resources such as gold, as such resources mineral for rich is land Kyrgyz The Mining, Minerals and Sustainable Development, No. 110, November 2001 110, No. Development, Sustainable and Mining,Minerals ing industry, while the third section reflects its current status mainly by focusing focusing by mainly status current its reflects section third the while industry, ing

2007 ygztn Mnn Idsr Overview Industry Mining Kyrgyzstan: 20

- Development and promotion of resource extraction industry thus have thus industry extraction resource of promotion and Development type communities were founded in the areas of mineral extracti mineral of areas the in founded were communities type

mining sector. In particular, the first section of this chapter briefly briefly chapter this of section first the particular, In sector. mining

The mining Industry and Sustainable Development in Development Sustainable and Industry mining The , US & Foreign Commercial Services and US US and Services Commercial Foreign & US ,

and financial characteristics, i.e. i.e. characteristics, financial and gz ad a discovered, was land rgyz

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CEU eTD Collection 26 ineconomies. emerging projects investment potential evaluate to companies suchby used criteria concrete determining at aimed which conducted 25 24 23 Ways Improvement of and Problems industry: 22 sustainability reaching in sector mining Kyrgyz the of performance poor a witness can we effects environmental and social important very neglected and governance. stability political operations; mining of and control rights and ownership mining legislation; clear conditions; fiscal competitive and attractive and potential; tradition mining and prospectivity geological good infrastructure; of availability are 1991. in Bank World the and Nations United the by determined jointly economies, emerging investment projects in potential toevaluate the investors criteria used by ind mining to investments much as retain and attract to attempts the marketing in on international then from Hence, established network. well and technologies, new expertise, management investor foreign the well was it Additionally promotion. effectivemining for solution optimal onlythe as defined was investments foreign of attraction the high, verybe to found were failureof risk a exploration esp. activities, mining undertaking profitable. highly thus and underdeveloped, depo gold potential the of Most Kyrgyzstan. in development social and economic promoting for potential great a having as mining gold especially sector, mining identified institutions financial international many state, devastating extraction from gold Kumtor deposit. payments, tax total of % 24 Study, BankCountry World World Bank Report No. 24709 No. BankReport World Ibid. In 1991 und 1991 In Minister of Economy and Antitrust Policy of the Kyrgyz Republic, Republic, Kyrgyz the of Policy Antitrust and Economy of Minister

After the collapse of the Soviet Union, when the country‘ the when Union, Soviet the of collapse the After ustry as possible the Kyrgyz government has tried to comply with the specific specific the with comply to tried has government Kyrgyz the possible as ustry er the auspices of the World Bank and UN a survey of major international mining companies was companies mining international major of survey a UN and Bank World the of auspices the er 26

notntl, n elu prut f cnmc nie te oenet has government the indices economic of pursuit zealous in Unfortunately, cud rn nt ny aia t mnn sco bt lo prtn and operating also but sector mining to capital only not bring could s

Kyrgyzstan: The Transition to a Economy Market to Transition The Kyrgyzstan:

- KY ―Kyrgyz Republic: Update on the Mining Sector‖, September 2002 2002 September Sector‖, theon Mining Update Republic: ―Kyrgyz KY 22

however nearly all of the growth in the sector is due to gold to due is sector the in growth the of all nearly however 23 , September 2012 September2012 ,

sits were regarded as underestimated and and underestimated as regarded were sits nd construction of mineral deposits, and the and deposits, mineral of construction nd ic te mut f aia rqie for required capital of amount the Since

of the mining activities. At present At activities. mining the of Re port on the State of the Kyrgyz the of State the on port s economy was in the most most the in was economy s , 1993 , 25

Among these criter these Among transparency of of transparency - known that known

Mining 11 ia

CEU eTD Collection 31 30 29 Bishkek2005 Resources, Natural and Mining for Management Streams Revenues and developed 28 27 life social on impact company after which created acquiring was independenceisKumtor tho mainly are companies mining big the present at Remarkably, countries. Soviet other the in located plants specialized the in processed were terrain its in extracted minerals all almost because Kyrgyzstan in constructed 15 metals, 40 antimony, of 100% constituted periods certain in minerals of production total Union‘s Soviet in share Its materials. raw mineral certain of mainlyfrom mined madeinasmallKyrgyz the uranium townMailuu military of production for required mostly minerals various extracting and operating were companies 20 than more i 1930‘s in started Kyrgyzstan in activities exploration highest the to importantlyattainable ofhealth. standard most and housing, adequate water, safe environment, safe to Ky i.e. perspective, rightshuman goals ndustries of coal, mercury, lead, copper, and oil in the country. During the World War II II War World the During country. the in oil and copper, lead, mercury, coal, of ndustries 2.2 Soviet2.2 exploitation of Kyrgyzthe resources.

. odtk, . bav n J Abdy J. and Ibraev K. Bogdetsky, V. V. Bogdetsky, K. Ibraev and J. Abdyrakhmanova, J. and Ibraev Bogdetsky,K. V. Ibid. MacGregor Sarah 13024 No. BankReport World , –

p.21

Since the Soviet mineral extraction was a key sector in Kyrgyzstan it had a significant a had it Kyrgyzstan in sector key a was extraction mineral Soviet the Since Ky structure economic Soviet the in Later, Active traditions. mining strong has Kyrgyzstan earlier, mentioned was it As in particular, the viability of mining industry can now be strongly questioned from the from questioned strongly be now can industry mining of viability the particular, in under -

18% of lead, and 15% o 15% and lead, of 18%

Project Implementation Unit of World Bank IDF Grant for Building Capacity in Governance Governance in Capacity Building for Grant IDF Bank World of Unit Implementation Project , Finding a solution for uranium waste in in waste Kyrgyzstan uranium for a solution Finding , of the local communities. The most accurate description of the industry‘s the of accuratedescription most The communities. local the of -

related goods. related - KG ―Kyrgyz Republic: Mining Sector Review‖, May1994 Review‖, Sector Mining Republic: ―Kyrgyz KG

rgyzstan‘s ability to respect, protect and fulfil people‘s rightspeople‘s fulfil and respect,protect to ability rgyzstan‘s se established during Soviet era (so far the only big mining mining big only the far (so era Soviet during established se rakhmanova, rakhmanova, f uranium production. uranium f 28

For example, Soviet Union‘s first atomic bomb was bomb atomic first Union‘s Soviet example, For

above n. 28, n. above iig s suc o eooi got i Kyrgyzstan, in growth economic of source a as Mining rgyzstan was regarded as a major supplier major a as regarded was rgyzstan - 0% f ecr, 30 mercury, of 100%

p.13 27

n ld o ai dvlpet of development rapid to led and Only a few processing plants were plants processing few a Only , OSCE, February 2004 February OSCE, , 31 - ). Suu.

- 29 4 o rare of 64%

- earth earth 12

CEU eTD Collection 35 34 33 32 wererevealed tothepublic. destruct all almost exist to ceased Union Soviet the after Unfortunately, state. and communities local the of interestsbetween the conflict causeany not did thus and flawless, as people the by regarded were activities mining Soviet the conditions people. lay to accessible not was and secret in kept was activities mining of period the the that over fact activities; neglected the largely by been had diminished considerations essentially environmental were industry mining of development health various of treatment operations. or prevention of method a as rest the to vouchers with children their and employees their provide com was it time that at that noted be also shall It (IIED). Below reflectedone is oftheparts exhaustive ofreport: most this Development and Environment for Institute International of project (MMSD) Development Sustainable and Minerals Mining, the by developed Kyrgyzstan, in Development Sustainable and Industry Mining on Report the in given is opinion, my in time, Soviet the during impacts

V. Bogdetsky, V.Stavinskiy, E.Shukurov, M.Suyunbaev E.Shukurov, Bogdetsky,V.Stavinskiy, V. BankRepo World M.Suyunbaev, E.Shukurov, Bogdetsky,V.Stavinskiy, V. Ibid., pp.77 Ibid., alternative lands…‖ alternative of allocation the by and miningindustry, the from resulting by benefits was compensated and limited, was re forced and people the stimulated contribution, direct its ofthe economy. sectors other of development to addition the in industry, mining of the Thus capacity pro country. the purchasing in stimulated produced high enclaves The mining companies. mining in of population plans development and construction in included the all were communication and transport public of provision the and institutions, cultural care, school education secondary specialised kindergartens, and nurseries day schools, of network The sector. service that developed well relatively a exceeded and education for opportunity the income salaries, high This incomparably time improved. services the and of goods of Most supply activity. of areas the and developed, infrastructure werebuilt, Towns area. the in of communities local by received previously overlapped enterprises attendant and th of companies development, rapid through went industry mining the when time, Soviet the ―In 34 res industry mining the where countries other Unlike 33

- 78

oevr h ifrain n niomna ad elh mat o mining of impacts health and environmental on information the moreover Nevertheless a Nevertheless

rt No. No. rt 13024 32

- settlement, the situation in Kyrgyzstan was different. The expropriation of pastures pastures of expropriation The different. was Kyrgyzstan in situation the settlement,

lmost all improvements in the people‘s life accompanied with the with accompanied life people‘s the in improvements all lmost K G, G,

above n.27 above

was largely the result of the creation of new jobs and and jobs new of creation the of result the largely was duction and the sale of agricultural and other goods goods other and agricultural of sale the and duction , above n.21, above ,

above n.21, above mon practice for mining companies to to companies mining for practice mon ulted in the expropriation of lands of local local of lands of expropriation the in ulted ive sides of these mining operations mining these of sides ive

p.70 p.77

- related effects of mining mining of effects related - 35 homes and sanatoriums and homes

Accordingly,

n such in s, health s, e sector sector e 13

CEU eTD Collection 38 37 36 invested. sin profitable highly as defined built was Enterprise Mining Gold Makmal the when 1986 Kyrgyzstan for new nonviable Sovi by exhausted completely tons. 2,000 than more at estimated were Ky well researches Soviet regional the during other developed and information technical various fields, geochemical g country‘s analyzed and studied thoroughly having experts, Bank World The (1994). Review‖ Sector 13024 No. Report Bank World namely Kyrgyzstan, in sector devel promoting country‘s of capable were that sectors economic identifying at aimed reports of number 2 within example, For other organizations international and EBRD IFC, IMF, Bank, World the particular, In development. sustainable and democracy the to way its in Kyrgyzstan supporting and assisting in readiness demonstratedits obtained Kyrgyzstan After Union. Soviet Modern2.3 status of Kyrgyz mining sector

V. Bogdetsky, K. Ibraev and J. Abdyrakhmanova, above n. 28, p.13 28, n. above Abdyrakhmanova, J. and Ibraev Bogdetsky,K. V. No. BankReport World Ibid., p.1 Ibid., gztn a a ra ptnil o etnie xlrto o gl deposits gold of exploration extensive for potential great a had rgyzstan h nx wv o te ygz eore xrcin tre atr h clas o the of collapse the after started extraction resource Kyrgyz the of wave next The

37 eology database that contained detailed geological maps, maps of geophysical and and geophysical of maps maps, geological detailed contained that database eology

(e.g. current low market price or low quality) while a gold mining was relatively was mining gold a while quality) low or price market low current (e.g. opment. One of these reports directly dealt with restructuring the mining mining the restructuring with dealt directly reports these of One opment.

(the history of industrial gold industrial of history (the 13024 -

3 years after acquiring independence the World Bank had prepared a prepared had Bank World the independence acquiring after years 3

- have been active in dealing with these tasks from then onwards. onwards. then from tasks these with dealing in active been have K G

- extraction period, came to conclusion that the territory of of territory the that conclusion to came period, extraction , above n.27 above , t, r f nufcet mut, r tews commercially otherwise or amounts, insufficient of or ets, ce it produces the largest profit in comparison to the sources the to comparison in profit largest the produces it ce 36

Most of other mineral resources were defined to be to defined were resources mineral other of Most its independence, an international community had had community international an independence, its

- production in Kyrgyzstan started only in only started Kyrgyzstan in production

38 - KG ―Kyrgyz Republic: Mining Republic: ―Kyrgyz KG . oevr gl mnn was mining gold Moreover, ). -

od reserves gold 14 -

CEU eTD Collection 46 45 44 43 42 41 40 39 into entered government Kyrgyz independent new a 1992 in Union, Soviet the of collapse billion. US$1.46 at estimated tentatively project the of cost production high the to due 2005 until postponed was deposit the of development further a authorities open an by mined be can that tons million. US$12.2 of cost resou and total a at 1990 to world. world a is Kumtor and zone permafrost a in level sea above meters 4,000 around US$118million. pro into it bringing for investments significant requires it where Company, Mining since moment the at workingactively Dzherui not is mine the However equity. 33% owns Kyrgyzstan by developed being is mine the date To extractions. million. costofUS$12.4 1975to1984ataactively1969 and total had exploredduring been theperiod s much and Kyrgyzstan, northwestern the Specifically, investors. foreign and Government Kyrgyz to interest of be could that projects mining attractive most the as Bank World the potentiallyprofitable. considered tobe

See o p.33 Ibid., No. BankReport World See o See Company Gold Kumtor website ofthe official See 13024 No. BankReport World BankRep World Ibid., No.24709 BankReport World fficial website of the Ministry of Natural Resources of the Kyrgyz Republic Republic the Kyrgyz of Resources ofNatural Ministry website ofthe fficial ffic 43 The and identified were prospects gold 65 database geology Soviet the of basis the On 40

The deposit was discovered in 1978 and had been explored during the period of 1978 of period the during explored been had and 1978 in discovered was deposit The ial website of the Ministry ofN Ministry website ofthe ial

rces were estimated by Soviet experts at approximately 700 tons, including 316.5 including tons, 700 approximately at experts Soviet by estimated were rces

It contains considerable gold reserves both for the the for both reserves gold considerable contains It Kumtor gold deposit gold Kumtor - class gold mine, reportedly the eighth largest known gold deposit in the the in deposit gold known largest eighth the reportedly mine, gold class ort No.24709 ort 13024

- - - KY, above n.26, p.33 n.26, above KY, K KG, above n.27, p.15 n.27, above KG, G, G,

- above n.27, p.ii n.27, above

KY, above n.26, p.28 n.26, above KY, is located in southeastern part of the country at an altitude of altitude an at country the of part southeastern in located is atural atural - 39 i mnn method. mining pit alr hn utr Te eoi ws icvrd in discovered was deposit The Kumtor. than maller

R Dzherui esources of the Kyrgyz Republic Republic the Kyrgyz of esources http://www.kumtor.kg/en

and Kumtor gold were identified by Kumtor deposits and

glaciers of the Tien the of glaciers zeu gl deposit gold Dzherui n 91 is oa gl reserves gold total its 1991, In 45 uto, h etmtd mut is amount estimated the duction,

y h d the By

open www.geo.gov.kg www.geo.gov.kg - cso o te Soviet the of ecision 46 i ad underground and pit

- However, after the after However, Shan mountains Shan

s oae in located is

15 . 42

CEU eTD Collection 51 50 Inc. Gold Centerra for Republic) 49 48 47 Agency. Development Export Canadian the and Bank, Manhattan amoun andRussia Gatsuurt min and Boroo namely territory, Kyrgyzstan‘s the outside projects investment other has which company ―mother‖ main the of shareholder a is Kyrgyzstan case latter the in while compan domestic Inc. Gold Centerra Company, Gold Kumtor the in equity 66.6% had it stage initial the at 66.6%: to 15.6% from varied project Kumtor the in Kyrgyzstan of interest the wholly Kumtor CJSC company separate by operated being is mine Kumtor present At Inc. Gold Centerra called company Canadian new the to reassign was Company 1997. in production ―Kumtor mining sector, concludedin1994. was state a Kyrgyzaltyn, JSC and Inc. Gold Cameco between development project for agreement investment final A project. evalua to Inc. Gold Cameco company mining Canadian with agreement

World World Bank Report No.24709 BankReport World Company, Gold websiteofKumtor official See Kyrgyzaltyn JSC website ofthe official See Dan Redmond, Henrik Thalenhorst, and Jack Seto, Seto, Jack and Thalenhorst, Henrik Redmond, Dan es located in Mongolia, in located es t of US$452 million was provided by Cameco Corporation, EBRD, IFC, the Chase Chase the IFC, EBRD, Corporation, Cameco by provided was million US$452 of t -

Company (CJSC) Stock Joint Closed venture joint acreated was agreement this Under Bank Report BankReport owned subsidiary of Centerra Gold I Gold Centerra of subsidiary owned hogot h lf cce f utr ie te udn o te rjc i te total the in project the of funding the mine, Kumtor of cycle life the Throughout Gold China.

opn‖ hc hs eeoe ad ruh te ie no commercial into mine the brought and developed has which Company‖ y which represented only one investment project of the Cameco Gold Inc., Inc., Gold Cameco the of project investment one only represented which y 50 No. 47

24709 In 2004 as a result of result a as 2004 In oee, n h fre cs Krysa ws saeodr f the of shareholder a was Kyrgyzstan case former the in However,

- - , Toronto, 22 March 2011 22 , Toronto, KY, above n.26, p.28 n.26, above KY, KY, above n.26, p.28 n.26, above KY, 49 -

owned company which is in charge of the country‘s whole gold gold whole country‘s the of charge in is which company owned as well as interest in promising exploration projects in Turkey, in projects exploration promising in interest as well as http://www.kyrgyzaltyn.kg/invest

http://www.kumtor.kg/en/about/centerra reconstruction of Cameco Gold Inc. Kumtor Gold Kumtor Inc. Gold Cameco of reconstruction

nc. registered in Kyrgyzstan. At different times times different At Kyrgyzstan. in registered nc.

ehia Rpr o Kmo Gl Poet (Kyrgyz Project Gold Kumtor on Report Technical

while at present it has 33% equity in in equity 33% has it present at while 51 - proekti/46

To date, this is the largestthe is this date, To Operating te the Kumtor gold Kumtor the te - gold - proekt - inc/ -

kumtor

Company,

CEU eTD Collection 57 56 55 relations/contribution 54 53 52 minor and vague grounds. various on cancelled been have licenses 2015 total in years 20 last the for that states Minister the particular, In Kyrgyzstan. in work to intentions investors‘ potential non are procedures licensing the that is problem the licensing, for As communities. local with conflicts constant and licensing i for obstacles years. 20 past the over Kyrgyzstan in deposits mineral of processing and exploration de gold Kumtor for except Sariyev, many indices. other communities Program regionalDevelopment Sustainable million; 0.6 Agency Protection Environment the to payments and taxes pollution of form the in budget state the to payments including billion, US$1.8 for accounted is which Kyrgyzstan to payments various made has project Kumtor the years) 17 (i.e. 2011 and 1994 between period the during that asserts Inc. Gold Centerra income. export total the of 51.1% and production industrial total the of 26.1% GD total the of 11.7% contributed Kumtor 2011 in Republic, Kyrgyz the of gold. of ounces million 8.4 than more produced has mine the 2011 of end the and 1997 period the Between one as well as Kyrgyzstan in investment

Ibid. Republic, Kyrgyz ofthe Antitrust Policy and ofEconomy Minister Ibid. o See p.29 Ibid., e o See

fficial website of Centerra websiteof fficial In general, according to the assertion of the Kyrgyz Minister of Economy, Temir Temir Economy, of Minister Kyrgyz the of assertion the to according general, In 57 fca wbie f utr od opn, vial a at available Company, Gold Kumtor of website fficial

At present 906 licenses are issued and val and issued are licenses 906 present At – mprovement of the situation, he points out, are the problems associated with associated problems the are out, points he situation, the of mprovement

around US$ 4.5 million (as a chemical spill compensations); and payments on on payments and compensations); spill chemical a (as million 4.5 US$ around 53

- According to the official data provided by the National Statistic Committee Statistic National the by provided data official the to According to 55 - the

- kyrgyz

Gold Inc., available at available Inc., Gold -

economy/ - transparent and highly corrupted which is greatly a greatly is which corrupted highly and transparent –

in advances serious any made not were there posit over US$3.4 million; sanatoria treatment treatment sanatoria million; US$3.4 over

of the main contributors to the Kyrgyz economy. Kyrgyz the to contributors main the of http://www.centerragold.com/operations/kumtor id, among them: 223 223 them: among id, –

above n.22 above about US$ 2.2 US$ about http://www.

million; paymentsto million; kumtor.kg/ru/media – P of the country, country, the of P

for exploration for 54 –

about US$ about Moreover, 56 ffecting

Major

17 52 52 -

CEU eTD Collection 59 58 principles and practices been has heavily recently. questioned Operat Kumtor of adherence an particular, In project. of criticism of lot a is there Actually it. around discussions and debates heated of plenty always are there projects business largest country‘s the of one is it since schemes. corruption various not if mine Kumtor from money more much earned have could Kyrgyzstan that claim politicians and experts local many However project. the of economy country. econom overall the in sector mining the of role positive the about uncertainties create Kyrgyzstan of indicators social and environmental economic, poor current the result a As investors‘. as well as communities, local of interests and rights of proper guarantee to failed has government Kyrgyz the fact, In communities. local and investor state, stakeholders: different of interests of harmony of lack a is reason main conflicts the present betwee At sector. mining Kyrgyz the of progress to threat serious a posing is problem this that states Minister the communities, local with conflicts the for As deposits. man schemes, corruption various non and vague of because however 137 activities, 2.4 The2.4 Kumtor project: blessing or evil?

Kubanychbek Isabekov, Isabekov, Kubanychbek Ibid.

n local communities and mining companies are becoming more and more frequent, andmore frequent, and more arecompanies becoming mining and communities local n There is no doubt that the Kumtor project significantly contributes to country‘s country‘s to contributes significantly project Kumtor the that doubt no is There

–

indeed annual macroeconomic indices of Kyrgyzstan s Kyrgyzstan of indices macroeconomic annual indeed –

for prospecting activities, and 546 and activities, prospecting for

« Золотая

» ing Company to environmental, health and safety regulations, regulations, safety and health environmental, to Company ing мафия y licensees are not reluctant to actively develop their mineral their develop actively to reluctant not are ylicensees

- в rnprn lcnig rcdrs wih a la to lead can which procedures, licensing transparent

Кумторе , Achyk Sayasat Plus (2011) Plus AchykSayasat

–

for processing of mineral resources; mineral of processing for c n sca dvlpet f the of development social and ic

how us economic viability economic us how

59 protection protection

Anyway 18 58

CEU eTD Collection the However Mine. 2011 September Kumtor the of audit 61 technical independent mining site. ofKumtor impacts environmental on hisresearch own conduct to he had an conduct partic Dr.Moran‘s to and objected had Company Operating Kumtor of administration site Kumtor the enter mem a be to NGOs Kyrgyz work. hydrogeologic and geochemical quality, water managing and conducting 60 ------mining activities at mineare: Kumtor from deviations as well as standards, environmental recognized internationally of violations of facts concrete out points by conducted was operations mining Kumtor the

Robert E. Moran, Moran, E. Robert r Rbr E Mrn n mrcn pcait with specialist American an Moran E. Robert Dr. truly maintaintheKumtor remediatesiteafter and closure; its t is regard this in point essential other The constructions. these of collapse a cause may earthquake significantany thus melting, actively now is which permafrost, and glaciers the placedon and dam tailing Ku the the at dump Moreover mining tailings. toxic of tons) million 89 million (about 53 meters about cubic and rock waste toxic of tons 981,354,000 approximately producing year. ofcyanide tons amounts to3650 per 8 about using water downstream; competition forand impacts increases life available aquatic supplies users, todownstream extrac mine equipments thatgenerate andexplosives vibrations; heavy of use glaciers, the on wastes mining placing by system) hydrologic local entire of source ultimate the are (which glaciers local of melting aggravating and accelerating neighboringU into flow c) and reservoirs, groundwater various into flow b) rivers, Naryn the and Barskoon into downstream flow a) site: mine Kumtor the from far travel contaminants these has significantly since decreased theoperations begin; o downstream River Barskoon the in population fish that fact the reflected be can indicators the of one As criteria. life aquatic and standards qualitywater international exceed which of some environment, the into contaminants of amount elevated releasing In my opinion, the most extensive and detailed research on environmental impacts of impacts environmental on research detailed and extensive most the opinion, my In ig bu 43 blin ies f rs wtr e ya, hs nvtby eue the reduces inevitably this year, per water fresh of liters billion 4.38 about ting

hat the Kumtor Reclamation Trust Fund contains inadequate funds necessary tonecessary funds inadequate contains Fund Trust Reclamation Kumtor the hat Kumtor Gold facilities, Kyrgyzstan: Comments on Water, Environmental and Related Issues, Related and Water, Environmental on Comments Kyrgyzstan: facilities, Gold Kumtor - zbekistan; 10 tons of cyanide per day to remove gold from from gold remove to day per cyanide of tons 10 ber of a team of experts who were granted by the Kyrgyz government a permission to to permission a government Kyrgyz the by granted were who experts of team ofa ber

mtor mine site are extremely unstable and unsafe since they are they since unsafe and unstable extremely are site mine mtor

widely accepted mining practices. Specifically he argues that that argues he Specifically practices. mining accepted widely

forty forty

years of domestic and international experience in in experience international and domestic of years r Rbr E Moran. E. Robert Dr.

ipation in the audit. As a result result a As audit. the in ipation In 2011 he was invited by the the by invited was he 2011 In

h oe, ht roughly that ores, the 60

n i rpr he report his In f the mine the f 19

CEU eTD Collection Mine Gold Kumtor at Standards Safety Industrial and 63 is Company 62 Operating Kumtor whether define to was Commission Parliamentarian pre Parliament, Moran. Dr. of findings supports mostly report The mine. gold Kumtor on report its presented experts, environmental international and representatives NGO officials, state parliamentarians, of i.e. the mining have operations process nottriggeredthis atall. begin, operations the before long place took glaciers of melting active that claim to instance e the about debate a is there when anytime factors/events natural to refer Operating to chance Kumtor a Inc gives Gold. Centerra also and Company it Besides, population. local the of health on accordingly Company‘ Operating Kumtor of impacts the of assessment correct truly make to opportunity no leaves data baseline such of absence soil locations, existed spring chemistry biology, aquatic flows, spring and stream quantities, groundwater statistically necessary, Mo Dr. by raised issues crucial the of One report. Moran‘s Dr. reflectedin are mine Kumtor about facts discouraging other Many -

Ibid. Interagency Environmental annual (though speaks of thepopulation most local Kyrgyz only language). the is exception only The a is which Report Protection available. publicly not are etc.) testing, metallurgical and geochemical quality, water resources, aquatic (hydrogeology, an open publicly not is Kumtor Operating ofCompany the activities aboutthe annot transparent, information i.e.

63 In December 2011 Interagenc 2011 December In

Another Parliamentarian Commission, established by the resolution of the Kyrgyz the of resolution the by established Commission, Parliamentarian Another Governmental Commission of Kyrgyz Republic, Republic, Kyrgyz of Commission Governmental pared and publicly presented another report in July 2012. Main goal of the the of goal Main 2012. July in report another presented publicly and pared rud h Kmo st bfr te prtos begin. operations the before site Kumtor the around -

reliable and detailed databases, esp. on water quality, surface and and surface quality, water on esp. databases, detailed and reliable nvironmental degradation and pollution around the mine site, for site, mine the around pollution and degradation nvironmental

d transparent, e.g. most of the detailed technical reports reports technical detailed the of most e.g. transparent, d vailable in English and Russian languages, but not in Kyrgyz in not but languages, Russian and English in vailable ran is that the Kyrgyz government failed to collect all all collect to failed government Kyrgyz the that is ran y Governmental Commission of Kyrgyzstan, comprised Kyrgyzstan, of Commission Governmental y s mining activities on surrounding environment, and environment, surrounding on activities mining s , December 28, 2011 2011 28, December , Evaluation of Compliance with Environmental Environmental with Compliance of Evaluation

s rsl the result a As 20

CEU eTD Collection 66 at available are relevant reports other and 2012); состояния также а рудника, золотодобывающего 65 деятельности кон государственного осуществляемого воздействия районе ра в по населения требований защиты социальной и процессов и производственных безопасности среды, окружающей охране норм ресурсов, Компани» Оперейтинг «Кумтор 64 down break to site spill the near areas to applied was hypochlorite sodium time this During irrigation. and water t 1,700 over spilling river, Barskoon the into plunged site mine Kumtor to cyanide transporting truck a 1998, May In mine. Kumtor the at operations mining of effect side another exposed well better been have could Dr.Moran and Commissions the of analysis an site mine Kumtor on con such to came they reason this of because Probably staff. and management senior Centerra‘s and Kumtor‘s with discussions and Inc, Gold. Centerra and Company Operating Kumtor by presented materials unfounded, are misleading. allegations or and groundless arguments those that stating mainly reports mentioned the in reflected arguments and allegations the of part essential an refuted have experts the com to experts independent international invited have Inc Gold. Centerra and Company Operating Kumtor research, Moran‘s Dr. and reports abovementioned the to response In mine. gold Kumtor resources, mineral status. control government as well as area of use rational on operat and environmental requirements and standards with complying ons of cyanide into the river which local communities uses as a main source of drinking drinking of source main a as uses communities local which river the into cyanide of ons

CEE Bankwatch Network, Network, Bankwatch CEE See Report of Prizma LLC, LLC, Prizma of Report See Parliamentarian - grounded, as well as international experts‘ opinion couldas international havegrounded, well as opinion been experts‘ opposite. iig scan Mining ment on serious allegations and arguments raised in these reports. Eventually reports. these in raised arguments and allegations serious on ment

Commission dal occurred in 1998 around the cyanide spill into the local river has has river local the into spill cyanide the around 1998 in occurred dal 66 clusion. And again if Kyrgyzstan had detailed and reliable baseline data data baseline reliable and detailed had Kyrgyzstan if againAnd clusion.

Mountains of Gold: Kumtor Gold Mine in Kyrgyz Republic in GoldMine Kumtor Gold: of Mountains oa pplto ws oiid ny ie hours five only notified was population Local Independent Assessment of the Parliamentarian Commission Report Commission Parliamentarian the of Assessment Independent ional safety, and community social protection in the mine impact impact mine the in protection social community and safety, ional

65 of

the oee ter pno ws omd oty n h bss of basis the on mostly formed was opinion their However

Kyrgyz троля, троля,

Republic http://kumtor.kg/en 64 July

This report also revealed many gross violations at violations gross many revealed also report This

2012 , те п поек и зчню олдня ЗАО соблюдения изучению и проверке по Отчет

циональному использованию природных природных использованию циональному

, Hungary, May 2002 Hungary, , 2002 May

fe te accident. the after

(Septem ber ber 21

CEU eTD Collection POIS 72 Trade 71 70 69 68 Mining 67 Issyk facilitiespeople‘s at organizationsrecreational which agriculturetourist had health, and milli $4.5 US only pay to government Kyrgyz the with agreement an reached had CompanyGold Kumtor million, 42 how much hypochlorite sodium was usedtoclean anot own.‖ their in toxic are which spill, the treat to used chemicals were nor research, included not were thiocyanates cyanide; ‗total‘ and ‗general‘ for looked ―only experts challenged and population,onthethatinternational other byNGOs thelocal hand, by stating conclusion. panel‘s the affirmed that research Organization‘s Health World the highlighting were they Moreover, spill. cyanide the from in specially experts international of public health on onlya undertake side incidentfew effects investigationoffound the thorough panel the that arguing were hand, one the on government, Kyrgyz the Companyand Gold Kumtor population. whole the among debates died of ofchronic by acutecomplications cyanide. caused diseases the died patients four least at and hospitalized, people. to problems health various cause and area spill the from distances long travel can which compounds toxic cyanide of formation in result may hypochlorite sodium of application Moran Robert cyanide the

World BankRe World n.66, above Network, Bankwatch CEE Ibid., Robert Robert Mining Watch Canada, Canada, Watch Mining CEE Bankwatch Network, Network, Bankwatch CEE her problem associated with the accident was an uncertainty with under whose order and order whose under with uncertainty an was accident the with associated problem her ONED?, NGOs Issue Paper, EBRD Annual Meeting, Riga, May 2000 Riga,May Annual Meeting, EBRD NGOs Issue Paper, ONED?, , May2004 , -

Related Waters Related at p.12 Though estimates of the total damage resulting from the spill ranged from US $20 to $20 US from ranged spill the from resulting damage total the of estimates Though heated of subject was safety and health people‘s on accident this of impact The E. Moran, Moran,

hc md te mat o te ciet vn worse. even accident the of impacts the made which port No.24709 port Cyanide Uncertainties: Observations on the Chemistry, Toxici Chemistry, the on Observations Uncertainties: Cyanide , Mineral Policy Center Issue Paper No.1, 1998 No.1, Paper Issue PolicyCenter Mineral , 68

Written Presentation to the Standing Committee on Foreign Affairs and International and Affairs Foreign on Committee Standing the to Presentation Written As a result, a As

on for all damages, i.e. harm caused to surrounding environment, environment, surrounding to caused harm i.e. damages, all for on KUMTOR GOLD MINE: TWO YEARS AFTER THE ACCIDENT. WHAT IS WHAT ACCIDENT. THE AFTER YEARS TWO MINE: GOLD KUMTOR - KY, above n. 26, p.29 n.26, above KY,

at p.36 at over 2,500 people were found poisoned, 850 people were people 850 poisoned, found were people 2,500 over

–

two were poisoned with cyanic acid, and two two and acid, cyanic with poisoned were two - 70 up thecyanide the river. into spill

h rsls f hs rsace were researches these of results The

ty, and Analysis of Cyanide in Cyanide of Analysis and ty, 67 69

codn t te Dr. the to According

71 72

vited to to vited

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- related in the in 22 -

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CEU eTD Collection (1995) Rights Human Promotin and Monitoring in 82 (1990) Idea Rights 81 t not need they i.e. justification, providing for need no is there rights these of enjoyment for that is rights human the of characteristic important other The unique rights human makes rights those of nature imprescriptible and inalienable universal, benefits those enjoy to individuals mer not are they i.e. notasoreconomic amedical just but asa concern matter justice. ofsocial changed be must attitude and misconception Such housing. or financial as such issues other to opposed as priority top a as perceived not is health then until Unfortunately, consequences. or symptoms dramatic of I injury. or illness mental or physical any from to right the water, potable to occ environment, safe to right the as such by affected activities, mostly mining are that rights human other and health to right the between linkage a of human rights appr emergence of history health, to right the of scope the defines 3.1 Part parts. two into divided is and health, to right the to related norms rights human international discusses III Chapter CHAPT 3.1 Health3.1 as Humana Right

Wirtor Osiatynski, Wirtor Henkin, Louis upational health, toparticipationupational toinformation. health, andtoaccess The main idea of human rights is that these rights are rights of individuals in society; in individuals of rights are rights these that is rights human of idea main The free being of state mere a is health that think who world the in people many are There ER III. HEALTHER III. RIGHTS HUMAN AND The Age of Rights of Age The

l asrin f h bnft, u te eiiae vld jsiid lis of claims justified valid, legitimate, the but benefits, the of assertion ely Introduction to the Concept of Human Rights Human of Concept the to Introduction

oach to health and main elements of the right to health. Part ofthe3.2examines elements health. right tohealth to and main oach

Hmn ihs ad G Mngmn‖ Itrainl esni eeain for Federation Helsinki International Management‖, NGO and Rights, Human g . Foremost health shall be considered as a fundamental human right, human fundamental a as considered be shall health Foremost .

and and The Triumph of Human Rights after the Second World War World Second the after Rights Human of Triumph The

81 ie t ahee s achieve to i.e. , t only becomes a real concern in the presence the in concern real a becomes only t , Handbook of Helsinki Committee ―A Guide Guide ―A Committee Helsinki of Handbook , dsrd ua well human desired o o be earned or deserved or earned be o

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Ibid. Asher, Judith Ibid. Sofia Gruskin and Daniel Tarantola (2005), (2005), Tarantola Daniel and Gruskin Sofia WHO - based based

, disease or infirmity. or disease phys complete of state a is Health all of First rights. human extensive and complex most the of one is health to right The

Preamble to the Constitution of the World Health Organization Health World the of Constitution the to Preamble claims 86 The Right to Health: A resource Manual forNGOs Manual resource A Health: to Right The

; fourth, it would provide affected i affected provide would it fourth, ; -

22 June 1946, and entered into force on 7 April 1948. 7 on intoforce entered and June1946, 22 87

on what what on Perspectives on Health and Human Rights Human and Health on Perspectives

niiul ad rus r ette t rcie o t be to or receive, to entitled are groups and individuals at ad well and ealth cl mna ad oil well social and mental ical, omic determinants of health, such as access to safe and safe to access as such health, of determinants omic Health and Human Rights Human and Health

nldd oil ieso o hat. t h time the At health. of dimension social included 83

hslnighat n ua ihs s of is rights human and health linking Thus - en o individuals of being ndividuals and other stakeholders with stakeholders other and ndividuals , Inte , rnational Federation rnational , in Gruskin, Michael A.Grodin, George George A.Grodin, Michael Gruskin, in , , -

being, and not merely the absence of of absence the merely not and being, as adopted by the International Health Health International the by adopted as , New York: Routledge, p.4 Routledge, New , York:

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CEU eTD Collection 93 92 91 1409 (1997), Journal 90 89 Indicato 88 the health only isnot of being, a statebutalso: that determined which Promotion, Health on Conference International the at adopted Promotion Health for Charter Ottawathe in amended was health of definition WHO the 1986, states‖ member its and Organization the of work the for directions goal universal and a projects definition WHO the ― that mention Tarantola and Gruskin Specifically actions. concrete for guide a than rather goal ultimate an sets definition this that argue health of definition WHO the of advocates problem. the Nonetheless health a as regarded be to come may minimal, even happiness, to disturbance health. to than of state a that asserts who Sarrachi, by brought was definition WHO of the against most argument Another unhealthy as regarded be should people the of most Hence, time. of complete ―comple word the of absoluteness the to relates criticism most particularly view, of point health public a from idealistic and utopian unrealistic, is health of definition WHO this that argue critics interests‖ parochial narrow and racism, nationalism, eschewed which societies, political a state was member the it of Specifically statement important. conceptually was dimension social to health &Jacob, Üstun WHO, The 1986 Ottawa Charter for Healthfor Promotion Charter Ottawa 1986 The WHO, ( DanielTarantola and SofiaGruskin p. 1409 Ibid., Rodolfo Sarrachi, Sarrachi, Rodolfo James S. Larson, Larson, S. James and personal resources, as well as physical capacities.‖ physical as well as resources, personal and everyd for resource ―a r Research, Volume 38, Number 2 (1996), 181 (1996), Number2 38, Volume Research, r complete te‖. Critics argue that it is almost practically impossible to achieve simultaneously simultaneously achieve to impossible practically almost is it that argue Critics te‖. physical, mental andsocial well mental physical,

Niyi Awofeso, NiyiAwofeso, 90

The World Health Organization’s definition of health: Social versus Spiritual health Spiritual versus Social health: of definition Organization’s Health World The

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192 WHO Bulletin (2005) Bulletin (2005) WHO vision of the ideal state ideal the of vision

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CEU eTD Collection 95 and Promotion reflection, 94 a health to right the of realization full for preconditions essential the of some that recognize and states member its all to apply that binding legally are ICESCR by s the for health of state same with distinction, and discrimination without people, the all enabling to refers rather but everyone, mean not does i.e. healthy, be to right merely not is health and 1966 in adopted was which framework for health: right to the lega international the for foundation strong a set result a as which (1948), Rights Human of Declaration Universal the of 25 Article the in instance, for reiterated, was It instruments. betw link a Later human rights of WHO: introduced theConstitution was in1946 association first the Particularly, issues. health to referring in rights Movement Rights Human and 3.1.2 Health complete state of well ―a as Charter Ottawa the in health of characterization WHO‘s

Preamble of the WHO Constitution ofthe Preamble WHO Ilona Kickbusch, Kickbusch, Ilona ame opportunities ame The most detailed norm on the right to health was given in the Article 12 of ICESCR of 12 Article the in given was health to right the on norm detailed most The control. his beyond in circumstances livelihood secthe to right and services, social necessary and care medical and housing clothing, food, including family, his well and health the for adequate living of standard a to right the has Everyone every of rights ec belief, religion,political ofrace, without distinction being human fundamental the of one is health of standard attainable highest the of enjoyment The human of language the use documents and treaties international of number A urity in the event of unemployment, sickness, disability, widowhood, old age or other lack of of lack other or age old widowhood, disability, sickness, unemployment, of event the in urity The move towards a new public health public new a towards move The e hat ad ua rgt ws efimd n nmru international numerous a in reaffirmed was rights human and health een

Education (2007), p.9 p.9 (2007), Education - being‖ was one of the major inputsoftheoverallbeing‖ promotion. major one health was ofthe

so they can take full advantage of their health. Provisions established Provisions health. their of advantage full take can they so

entered into force in 1976. ICESCR clarified that the right to right the that clarified ICESCR 1976. in force into entered

, The Ottawa Charter for Health Promotion: a critical critical a Promotion: Health for Charter Ottawa The ,

onomic and social condition. social and onomic resource of living‖ not as ―a ―a as not living‖ of resource

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CEU eTD Collection 99 Alma the 98 2000 August 97 96 countries. developing in especially world, the throughout care health primary maintaining and promotion introducing, slogan. 2000‖ Year the by All for ―Health of introducing Alma in Care Health Primaryon ConferenceWorld the held (UNICEF) Children‘sFund Nations United the out Disablitiesthe Rights(art.25). ofPersons with on Convention 2006 the 45(c)); and (e) 43 (art.28, Families Their of Members and Workers Protecti the on International Convention 1990 the 24); (Article Child the of Rights the on Convention 1989 the 14(2)(b)); and 12 (1)(f), 11 (arts. Women against Discrimination of Forms All of Elimination the on Convention 1979 the Discri 5(e)(iv)); Racial of Forms All of Elimination the on Convention International healthyworkingaccess conditions, information. to and safe housing, and nutrition, food, proper water, potable and safe to access environment, th socio of number a embraces but care health/medical to access have to right sickness. of event of creation as medic individuals all to well assure would that conditions as hygiene; industrial and environmental of improvement diseases; other and occupational endemic, epidemic, of control and treatment prevention, the mortality;

WHO, The 1978 Declaration of Alma Ata on Primary Health Care Health Primary on Ata ofAlma Declaration 1978 The WHO, FranBaum, (2) 12 Article ICESCR, t a fvu hat o b hrfl o t sc a pvry dsrmnto, healthy discrimination, poverty, as such it, to harmful be or health favour may at CESCR, CESCR, come documents of WHO‘s various international conferences. In 1978, WHO jointly with jointly WHO 1978, In conferences. international various WHO‘s of documents come Far h sau o hat a a ua rgt a as reaffirmed, also was right human a as health of status The - - Ata Declaration Ata ecig omtet rltd o h rgt o elh a as be md i the in made been also had health to right the to related commitments reaching General Comment No.1 Comment General , para 4. , para Health for All Now! Reviving the spirit of Alma spirit of the Reviving Now! All for Health - t (SR, hc rsle i aoto o te Alma the of adoption in resulted which (USSR), Ata

ICESCR also confirmes that the right to health is not limited just to the to just limited not is health to right the that confirmes also ICESCR

, Social Medicine, Volume 2, No.1(2007), 34 No.1(2007), 2, Volume Social , Medicine,

It also defined that recognition of the importance of primary health primary of importance the of recognition that defined also It 4 on the Right to the highest attainable standard of health of standard attainable highest the to Right the on 4

97 -

Ata in the Twenty the in Ata

al services and medical assistance in the the in assistance medical and services al

- Under this sl this Under 41

on of the Rights of All Migrant All of Rights the of on - first century: An Introduction to Introduction An first century: ne alia inter - ogan WHO called forcalled WHO ogan t Dcaain and Declaration Ata - economic factors factors economic

(ICESCR Art.12), Art.12), (ICESCR iain (art. mination , in the 1965 1965 the in , 30

CEU eTD Collection 102 101 100 peace, as such health for required resources and conditions health. better of pursuit the to contribute issues health of promotion for responsible solely be should institution or person single the no i.e. community, throughout shared was promotion health for responsibility the that determined it that main findingsguide the concrete actions.provided of for One a and promotion, health of assessment and analysis implementation, for mechanisms and tools healt of promotion proper the to would be pertinent developingcomprehensible framework which and a workableinternational at aimed chiefly were Charter Ottawa the of authors the thus practical, of not but character Alma the conference this of time the By Charter). Ottawa (the Promotion Health for Charter Ottawa the to led which 1986, in (Canada) Ottawa in held Promotion Health on Conference International of countrydeveloping for resources care. health primary ― pol care planninghealth in participation people‘s importanceof the countries; rich and poor between care health in disparities wide the of reduction towards states all of actions joint coherent a for need the as such messages, other many contained well and health person‘s a to contribute that determinants) health underlying (i.e. resources other of range a on also but services, care Alma health on solely depend the of authors the the acknowledged Moreover, health. highest of the to right standard people‘s for attainable respect and of observance proper for crucial was care promotive, preventive, curative and rehabilitative services‖; the importance of mobilization of importance the services‖; rehabilitative and curative preventive, promotive,

WHO, The 1986 Ottawa Charter for Healthfor Promotion Charter Ottawa 1986 The WHO, Williams, Bob Ibid. h nx sgiiat H‘ wrd ofrne n h rgt o he to right the on conference world WHO‘s significant next The

- Ata Declaration was widely criticized for be for criticized widely was Declaration Ata – The Ottawa Charter Ottawa The

hy l ms wr collect work must all they need for multi for need

, 1p. , h issues. h - sectoral approach to primary health care: that health did not did health that care: health primary to approach sectoral

101 102

As a result the Ottawa Charter presented the clear the presented Charter Ottawa the result a As

vl twrs hat sse wih would which system health a towards ively n eea, h Otw Catr efimd the reaffirmed Charter Ottawa the general, In , above n.93 above , ing purely of inspirational and laudable and inspirational of purely ing 100

social justice, equity, stable eco stable equity, justice, social icies; the need for provision of provision for need the icies; that the Charter had made was had was made the Charter that – en. h Decla The being. alth was the First First the was alth - Ata Declaration Declaration Ata ration ration 31 -

CEU eTD Collection 105 7 para 2007, men and physical 104 103 result a as which HIV/AIDS with infection the to exposed mainly were discriminated and sec and Francois t at colleagues his and Mann Jonathan Dr. by right human and health initiated was health to right the the on discourses serious most onfirst the of one (2007) movement A/HRC/4/28 Report his in mentions health‖), to right ( health mental and physical of standard attainable highest the of enjoyment the to everyone of right the on Rapporteur Special former a Hunt, Paul As right, this abstractly. and broadly too formulated was health to right the argue, critics as because, mainly century, twentieth t till notion formal ineffective be to remained it century twentieth the of half conferences.promotion others. many and hazards occupational and pollution environments, depletion, and conditions living unhealthy resource of prevention health, better for conditions and opportunities creating import and the education skills, for personal need of the development as such 2000‖, Year the by All for ―Health initiative WHO the pursue to strategies basic and actions key identified and resources; sustainable system,

Sara E. Davies, E. Sara Ibid. UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of of standard attainable highest the of enjoyment the to everyone of right the on Rapporteur Special UN Unfortunately despite the worldwide active recognition of the right to health in the first the in health to right the of recognition active worldwide the despite Unfortunately In the 1980s the worldwide spread of HIV/AIDS put at risk the international stability international the risk at put HIV/AIDS of spread worldwide the 1980s the In

103 urity. Mann et al. had defined that people who were initially marginalized, stigmatized marginalized, initially were who people that defined had al. et Mann urity. -

Xavier Bagnoud Center ofHIV/AIDS. Xavier Human for Rights and thecontext Health in - how The Ottawa Ottawa The 9

tal health, health, tal the right would be realized and realized be would right the Global Politics of Health of Politics Global

104 Report A/HRC/4/28 (Main focus: The health and human rights movement) rights human and health The focus: (Main A/HRC/4/28 Report

ofrne a ltr olwd y H‘ frhr lbl health global further WHO‘s by followed later was conference

Particularly, it was unclear ― unclear was it Particularly,

(2010), at p.66 p.66 at (2010), ne f niiul eair ad aaiis in capacities and behaviors individual of ance when he Harvard School of Public Health and the the and Health Public of School Harvard he

the right to health had been satisfied.‖ been had health to right the whose hereinafter ―Special Rapporteur on on Rapporteur ―Special hereinafter responsibility it was to realize to was it responsibility he late part of the the of part late he , January January , 105 32

CEU eTD Collection 109 108 107 ( (1999), 106 issues. health to approach rights human the advance to contribution significant a made have colleagues his and Mann that doubts any beyond indeed is It rights. reproductive women‘s HIV/A global the during made been has define foraccountable of realization whoshallthoseobligations. proper be fr derived obligation the of fulfillment of responsibility health the of scope the of determination and regulation in differ health) to right the of provision and access (i.e. notions two these that determining in resulted discourse care‖, care‖ health basic to access deny to health rightto the of aspects keytwo elaborate and distinguish to necessity a revealed health reproductive to right women‘s on discourse a Specifically, 1990s. the in community international the of consideration under were rights reproductive women‘s w made was health and rights human the between connection the enhancing in attempt non to right the of spread the effortsagainst global the hinder significantly campaign could violation whose rights prevention basic of group HIV/AIDScertain a revealed to rights human linking immediate result, a As actors. draw to rights chang human for advocate and problem of a to attention language the using by i.e. rights, human the with conjunction in problems health global of research a start to colleagues his and Mann Dr. boosted finding vulnera more them made thus and rights, basic their of violation gross a entailed Health and Human Rights: A A Reader Rights: Human and Health

Ibid., pp.64 Ibid., n. Davies,above E. Sara Ibid. Jonathan M.Mann, Lawrence Gostin, Sofia Gruskin, Troyen Brennan, Zita Lazzarini and Harvey Fineberg Fineberg Harvey and Lazzarini Zita Brennan, Troyen Gruskin, Sofia Gostin, Lawrence M.Mann, Jonathan 108 Many scholars agree that an essential progress in human progressin essential an that agreeMany scholars

elh n Hmn Rights Human and Health

i.e. in a legal terminology referred as referred terminology legal a in i.e. - 86

- discrimination, the right to equality as well as the right to privacy. to right the as well as equalityto right the discrimination, 10

5, 5, pp.64 decease such as the right to medical care, the right to information,to rightcare, medicalthe rightto the decease as such

, in Jonathan Mann, Sophia Gruskin, Michael A.Grodin, George J.Annas J.Annas George A.Grodin, Michael Gruskin, Sophia Mann, Jonathan in , , London &New Y London , &New - 86

and and provision D peeto cmag ad salsmn of establishment and campaign prevention IDS es in the actions of the governments and other other and governments the of actions the in es ork: Routledge, pp.7 Routledge, ork: negative

–

―the obligation to provide basic health health basic provide to obligation ―the

and om the right to health, as well as as well as health, to right the om positive - rights based approach to health health to approachbased rights - 20) 20) : access

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Report of the UN Special Rapporteur on t on Rapporteur Special the of UN Report pp.33 Ibid., pp.33 Ibid., D E. Sara n. above health, theon to right Rapporteur Special the of UN Report at pp.83 Ibid, at pp.83 Ibid., Another stoppage of development of rights of development of stoppage Another ny n 2000 in Only - related conferences to fully achieve their g their achieve fully to conferences related -

actually it did not reduce the spread of the decease as well as it did not reduced the reduced not did it as well as decease the of spread the reduce not did it actually avies, above n.10 avies,above - - 45 45 - - 86 86

111 arly 1980s most of them were suffering global recession, therefore they they therefore recession, global suffering were them of most 1980s arly an authoritative interpretation of the right to health emerged when when emerged health to right the of interpretation authoritative an

Paul Hunt points out that the failure of human failureof that the out points Paul Hunt n obligation to improve and promote the right to health, but it did not did it but health, to right the promote and improve to obligation n

5, 5, pp.64 - compliance of undertaken obligations; it was also unclear to what to unclear also was it obligations; undertaken of compliance

d that linking HIV/AIDS to human rights did not work out as out work not did rights human to HIV/AIDS linking that d - 86

he right 110

h sm stain apnd ih h wo the with happened situation same The to to health, above n. above health, - based approach to health issues in the 1990s the in issues health to approach based oals. to health; to 115 114

The health programs and initiatives and programs health The

10 104 112 4, para 8 para 4,

particularly, ICESCR imposed ICESCR particularly, 116

- Ata, OttawaAta, and other - hriatr―h General ―the (hereinafter

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Report of the UN Special the of UN Report Ibid. Asher Judith Accordingly after the adoption of the General Comment No.14 the development of the of development the No.14 Comment General the of adoption the after Accordingly

s gieie o efcie rvso ad rmtn o te ih t hat. In health. to right the of promoting and provision effective for guideline a as , above n. above , 8 5, pp.18 5,

Rapporteur on the right to health, above n. above health, theon to right Rapporteur - 19

117

pcfcly i rieae ta te ih to right the that reiterates it Specifically, 119 he right to health enshrined in many many in enshrined health to right he

n 2002, a position of the UN Special UN the of position a 2002, n discussed in appropriate parts of this this of parts appropriate in discussed 10 4

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Ibid., para 37 para Ibid., OHCHR/WHO, OHCHR/WHO, 42 para Ibid., should therefore provide an environment which facilitates the discharge of these these of discharge the facilitates which environment an provide responsibilities. therefore should sector business non and intergovernmental society of members all it, with compliance for accountable ultimately thus and Covenant the to parties are States only While of violation any prevent shall states protect to obligation the under earlier, defined As Among all non all Among

Factsheet -

133 state actors re actors state — (emphasis added) (emphasis

- have responsibilities regarding the realization of the right to health. States parties parties States health. to right the of realization the regarding responsibilities have

state actors, a special concern shall be given to private business sector. sector. business private to given be shall concern special a actors, state

No.31, No.31, - — state actors. Instate regard actors. the this General No.14envisages: Comment ght themselves through the means at their disposal; and obligation and disposal; their at means the through themselves ght

- individuals, including health professionals, families, local communities, communities, local families, professionals, health including individuals, governmental organizations, c organizations, governmental

aboven.125 spect basic human rights, including the right to health, for for health, to right the including rights, human basic spect

almost every sector of social life, including human human including life, social of sector every almost , p.30

ivil society organizations, as well as the private private the as well as organizations, ivil society

indirect 132 epniiiis on responsibilities

134 40

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Ibid., Ibid., CESCR, pca Rpeettv o te Secretary the of Representative Special 136 The General Comment No.14 stipula No.14 Comment General The non other The para.12

General Comment No.14, Comment General These organizations have an obligation to facilitate implementation of the right to right the of implementation facilitate to obligation an have organizations These accessibility

olwn ae iesos f h acsiiiy () non (i) accessibility: the of dimensions are following

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all health facilities, goods and services must be respectful of medical ethics medical of respectful be must services and goods facilities, health all alth facilities, goods and services must be available in sufficient quantity; sufficient in available be must services and goods facilities, alth -

state actors whose role in protection and promotion of the right to to right the of promotion and protection in role whose actors state

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above n.97, para 64para aboven.97, - - Business and Human Rights: Mapping international standards o standards international Mapping Rights: Human and Business General, Report on the issue of human rights and transnational transnational and rights human of issue the on Report General, consists of four overlapping dimensions dimensions overlapping four of consists , UN Doc. A/HRC/4/35 (2007), Para 33 Para (2007), A/HRC/4/35 Doc. UN , tes a positive obligation of states to ensure access access ensure to states of obligation positive a tes ights and prevent abuses by non by abuses prevent and ights

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―health facilities, goods and services must be within safe physical reach for all sections of sections all for reach physical safe within be must services and goods facilities, ―health OHCHR/WHO, OHCHR/WHO, Ibid Ibid. Ibid.

, 140

para 12 para The right to health is closely related to and dependent on, as well as contributes to, contributes as well as on, dependent and to related closely is health to right The

right to seek, receive and impart information and ideas concerning health health concerning ideas and information impart and receive seek, to right Factsheet No.31, No.31, Factsheet edm rm iciiain eult, rvc, ces o nomto and information to access privacy, equality, discrimination, from reedom

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aboven.125 141

, In other words, not only medical services, goods or goods services, medical only not words, other In p.6

139 138

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42 - .

CEU eTD Collection 146 in intoforce 1992 entered and (Switzerland) in Basel in 1989 as adopted Disposal, Their and Wastes Hazardous 145 144 http://www.who.int/hhr/informatio 143 142 human the to threat serious a constitutes potentially waste and substances dangerous and toxic of dumping illicit ―that recognizes Action of Programme and Declaration Vienna The partiessteps to: totake necessary hazardous posed defin Disposal Their and Wastes Hazardous of Movements Transboundary of Control the on Convention Basel the of preamble particular, In health. and environment on wastes toxic and industry thi In health. to right the an on impact severe have may that factors environmental recognize detrimental of reduction of importance them of most actually documents; and treaties environmental international health.‖ human upon impact indirectly or directly that conditions environmental detrimental other or chemicals substances harmful to exposure population's the of reduction mining gold and environment 3.2.1 Health, Rapporteur health on theright to hea to right the on rights reproductive and

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Gavin Gavin Switzer Cross Green and BlacksmithInstitute Bridge Gavin Davies, B. E., E., B. Davies, Human on Conference World the by by adopted as Action, of Programme and Declaration Vienna Doc., UN The Bali Declaration on Waste Management for Human Hea Human for Management Waste on Declaration Bali The

Health r Health rights human international other and mentioned above in identified is it As 149 of The Bali Declaration on Waste Management for Human Health and Livelihood also Livelihood and Health Human for Management Waste on Declaration Bali The Bridge, above n.2, p.27 n.2, above Bridge, 150

everyone,‖ of health and ife hazardous wastes. ea mnn i cniee t be to considered is mining Metal

, above n. above , Heavy Metal Contamination from Base Metal Mining and Smelting and Mining Metal Base from Contamination Metal Heavy Applied Environmental Geochemistry. Academic Press, London, 1983, 425 London, 1983, Press, Academic Geochemistry. Environmental Applied isks associated with the release of toxic substances from metal mining depend depend mining metal from substances toxic of release the with associated isks s (e.g. sand, clay, stone, gravel) involve the most massive destruction of of destruction massive most the involve gravel) stone, clay, sand, (e.g. s 2 ,

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Indian and Northern Affairs Canada, Northwest Territories Contaminants Factsheets Contaminants Territories Northwest AffairsCanada, Northern Indian and (2004), America Oxfam and Earthworks mining ofthe problem mostseriousenvironmental the be to isconsidered mine theacid drainage date To Bridge Gavin Cyanide is a chemical which is deadly when swallowed swallowed when deadly is which chemical a is Cyanide the risk of developing cancer or other or cancer developing of risk the Rainforest Rescue, Rescue, Rainforest

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tal Mining Council of British ofCouncil Mining tal 154 Cmuiy ud t Evrnetl Health Environmental to Guide Community A available at available

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Columbia (Canada): (Canada): Columbia

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oxidation of naturally naturally of oxidation which mainly leads to leads mainly which : Heavy Metals Heavy : , Hesperian Foundation, Foundation, Hesperian , Acid Mine Drainage: Drainage: Mine Acid 2003, Vol. Vol. 2003, 159 , available at at available , 155

is intentionallyis

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CEU eTD Collection 166 1 para 165 164 December 144, 1998 Paper Worldwatch 163 the of Twenty Ten Toxic Top the Problems: ( processing further for 162 161 Lands 160 potable water death from prevents reduces dehydration, therisk ofwater t of realization of components indispensible and rights human fundamental of fulfillment the for precondition a as defined is water safe mining gold and contamination water 3.2.2 Health, overarching objective. an be must effect adverse its of reduction and prevention the activity extractive with affected state every for Thus, environment. safe to right the as well as health, to right the of enjoyment the ore factrefined gold isin into removed. and excavated drainage which rocks, of lung function. cured, rock). crushed of component (a dust silica

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can develop within seven months of exposure to the dust, and can lead to complete loss loss complete to leadcanand dust, the exposureto of months seven within develop can EDOIL), EDOIL), Water is a very important natural resource for people‘s survival. Nowadays access to access Nowadays survival. people‘s for resource natural important very a is Water effe deleterious a has mining gold that obvious is it aforesaid of basis the On min Metal . 162 General Comment No.14, Comment General 12) and Arts.11 (ICESCR Water to Right the on No.15 Comment General

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Blacksmith Institute and Green Cross Switzerland, Switzerland, Cross Green and Institute Blacksmith

163 for production of two gold wedding rings six tons of waste must be must waste of tons six rings wedding gold two of production for

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US Department of Natural Resources, Mining Information Sheet: Sheet: Information Mining Resources, Natural of Department US p.12 above n.156, (2004), America Oxfam and Earthworks n.4 above Switzerland, Cross Green and BlacksmithInstitute CESCR, Jeff Conant & Pam Fadem, Fadem, Pam & Conant Jeff Cote, Claire Franks, M. Daniel Bond, J. Carol Kemp, Deanna , February 2003, available at available 2003, February , iig prtos icuig od extracti gold including operations, Mining iig s n o te edn idsre ta cue otmnto o feh drinking fresh of contamination cause that industries leading the of one is Mining Switzerland Cross Green and Institute Blacksmith the of assertion the to According , Journal of Cleaner Production, June2010 Production, , ofCleaner Journal General Comment No.15 Comment General p.45

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, above n.165, para 2 para above n.165, , ly 6% of the total water on Earth, including the icecaps and and icecaps the including Earth, on water total the of 6% ly t h iea processing. mineral the ct 168 ontamination of water can make the effect of water of effect the make can water of ontamination

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water pollution from mining activities may need to be controlled and managed managed and controlled be to need may activities mining from pollution water ICESCR makes no explicit reference to the right to safe water, a range of range a water, safe to right the to reference explicit no makes ICESCR Gold’s Costly Dividend: Costly Gold’s -

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177

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173

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CEU eTD Collection 181 180 179 178 all of 1% under just workersworldwide. employs industry the although job, the on deaths worker all of 5% dangers. other and de Organization exhaustion Labor International heat fires, falls, rock collapses, the of some occupations, dangerous most world‘s the of one is general in Mining the safety at work. andofall health ensure to measures preventive for need the proclaims (ILO/ISSA) Work at Health and Safety must states that measures Declara concrete Seoul 2008 The health. and safety occupational improve to of order in undertake list a i.e. environment, working health and safe and Safety Occupational ILO 1981 the Specifically, safety. and health occupational ensuring of importance the address documents and conventions ILO numerous regard this In conditions. additional or bonus not are conditions working safe and healthy that stipulates 7 article latter, the for As safety. and health occupational and equality, gender time, leisure and rest wage, fair conditions, working rig the of dimensions concrete provides 7 article while manner, general in work to right the defines ICESCR of 6 Article right. this on provisions comprehensive contains Art.6), (ICESCR work to right the on No.18 Comment General the documents rights human particu international In right. human fundamental a many as work to right the Thus recognize world. the in people many for live of good/decentquality for resource a is it Moreover, health. to right the including rights, basic

Ibid., p.24 Ibid., (20 America Oxfam and Earthworks Labor, Department of States United ofthe Administration Health MineSafetyand Work at Health Safety onand Seoul Declaration 2008 ofthe ILO/ISSA,Preamble Health Convention (No.155) presentes concrete proposals with respect to promotion of promotion to respect with proposals concrete presentes (No.155) Convention Health ILO has also has ILO

ihs ftlt rts mn al nutis eas of because industries all among rates fatality highest 181 enacted health and safety and health enacted

It is also argued that the life expectancy for mine workers is lower thanlower workersis mineexpectancy life for the argued that Italso is benefit, but it is our fundamental right to work under safe and healthy healthy and safe under work to rightfundamental our is it but benefit,

04), above n.156, 04), 178 aths within the mining industry as a whole accounts for accounts whole a as industry mining the within aths

p.24 p.24 regulations that apply to the mining industry mining the to apply that regulations

ht to work, such as just and favourable and just as such work, to ht lar, ICESCR, as well as well as ICESCR, lar, oi eisos tunnel emissions, toxic 179

180 Injury Trends in Mining in Trends Injury

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CEU eTD Collection Vibration and AirNoise Pollution, Dueto 186 Art. 1 Geneva, 185 184 183 182 matters inhealth participation public and information to access 3.2.4 Mining, vibration at the workplace. t determining vibration,‖ and noise working pollution, air the to due in environment hazards occupational against, protection and of, control and ―prevention obliges Vibration and Noise Pollution, Air to Due Environment Working the in Hazards Occupational against Workers f resulted risks e.g. mines, in health and safety to risks the minimize or eliminate to measures protective mine a in workers more or one employs who person legal or obliges Convention Mines in Health and Safety ILO 1995 The damages infollowing ways: workers‘ health ears. or ingestion; membranes; mucous or eyes, skin, the through absorption inhalation; through enter can chemicals These chemicals. toxic mining to exposed directly that

ILO, Convention on Safety and Health in Mines (No.176), as adopted in 1995 and entered into force in 1998, in intoforce 1998, entered and in 1995 as adopted (No.176), Mines Health in Safetyand on ILO,Convention p.472 n.172, above &Fadem, Pam Jeff Conant Grayson, R.Larry &Scott F. Douglas pp.24 Ibid., ILO, of the general population. general the of 183

back. lifting Heavy problems. health long radiation and metals heavy fumes, harmful spills, chemical “Dust, include: dizziness, weakness, rapid heartbeat, ext heartbeat, rapid weakness, dizziness, include: conditions hot very in Working hoursworking Long noise constant Loud, even death. gangrene,and suchas infections dangerous very lossoffeeling, to lead and machinery vibrating other or jackhammers of Use Convention on the Protection of Workers against Occupational Hazards in the Working Environment Environment Working the in Hazards Occupational against Workers of Protection the on Convention Specifically,

rom exposure to toxic chemicals. The 1977 ILO Convention on the Protection of Protection the on Convention ILO 1977 The chemicals. toxic to exposure rom

26 he hazards of exposure, as well as limits of exposure, to air pollution, noise and noise pollution, air to exposure, of limits as well as exposure, of hazards he

and working with the body in awkward positions can lead to injuries to the a the to injuries to lead can positions awkward in body thewith working and oga F Sot n R Lry ryo hv ietfe that identified have Grayson Larry R. and Scott F. Douglas

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state parties state

182

without drinking enough water can cause heat stress. Signs of heat stress stress heat of Signs stress. heat cancause water enough drinking without Mine workers are the part of the population which is most is which population the of part the are workers Mine Selected Health Issues in Mining in Issues Health Selected , as adopted in 1977 and entered into force in 1979, Geneva, Art.4 Geneva, in intoforce 1979, entered and in 1977 as adopted ,

to adopt national laws and regulations that requir that regulations and laws national adopt to

reme thirst, and fainting.‖ and remethirst, ring problems, including deafness. including problems, ring

can cause damage to nerves and blood circulation, blood and nerves to damage cause can 186

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can poison workers and cause life cause and workers poison can employers ‖, 185

184 o ae rvnie and preventive take to

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CEU eTD Collection 31 para 2008, February 18, A/HRC/7/21, Report rights, human of wastesenjoyment the on and products 188 187 is it However, format accessible an in and information. time on provided be must relevant information that mention to important with provided are actors other and communities part i.e. rights, human their potentialtothe fullest andexercise the fullrange their human rights. of deeme be or confuse to order in unusable.‖ piecemeal given or time of amount delayed a after provided falsified, withheld, either is information ―such incident the after even but occurred; vit reveal to reluctant usually are companies mining and states that tendency a is there Unfortunately, activities.mining of hazards recoverfrom, to as well as to, respond and resist capacityto their risk disaster undertake to pre and opportunity reduction of people deprive would it all of first outcomes: irreversible have may information of Lack communities. local and individuals to operations popula inform to is duty primary states‘ Therefore through representatives. or directly affairs, public of conduct the in participate to everyone of right a stipulates 25 while information, to individual every of right the reaffirms 19 article (ICCPR) Rights Political and Civil on Covenant International The frontiers. of regardless and media of source has everyone that decision in participation to and information

CESCR, CESCR, UN Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous dangerous and toxic of dumping and movement illicit the of effects adverse the on Rapporteur Special UN The right to access to information and the right to public participation are indivisible are participation public to right the and information to access to right The health. human and environment for consequences catastrophic cause may Mining to access to rights human on dependent also is health to right the of realization Full General Comment No. Comment General l nomto aot oeta dnes f iig ciiis ni acdn has accident until activities mining of dangers potential about information al 188

Accordingly,

- iatr preparedne disaster a right to seek, receive and impart information of all kind through any any through kind all of information impart and receive seek, to right a

icipation can only be effective and meaningful if individuals, individuals, if meaningful and effective be only can icipation ak f dqae nomto peet pol fo developing from people prevents information adequate of lack 14,

above n.97, para aboven.97, s esrs ie opruiy o ul ad strengthen and build to opportunity i.e. measures, ss -

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187

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CEU eTD Collection http://www 189 related issue sector. ofmining to access discu to, contribute have and in, participate to must entitled be and activities information mining by affected communities and individuals health to right the exercise to order in Hence, programs. and policies these from benefit to intended who people the of rights and needs the to responsive are that programs and policies of health on including processes, making community. or individual affected the of background cons language, and

H/HH, Hmn Rights Human A WHO/OHCHR,

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CEU eTD Collection 190 health of determinants underlying various if achieved be only can health to right the of realization full the that determines also It protection. health to right inalienable (2005) Health which Citizens‘ of Protection on Law the in stipulated also is health to right The Kyrgyz Article 47of Constitution. theConstitutionthat: stipulates als is health to right the Accordingly value. supreme of and inalienable are liberties and rights human that guarantees it liberties; and rights human basic of, observance international the standa with comply that rights human social and economic, cultural, political, civil, various enumerates constitutions, national other many as Constitution, Kyrgyz The The4.1. right healthto under t international human rightsrelated health. norms to tothe right to correspond whole, a as they, that reveals activities mining of impacts adverse from health r regulate that laws Kyrgyz the of analysis The legislation. Kyrgyz the under activities mining by affected mostly are that rights human other to linked is health to right the which to extent the and health to right the of realization legisla mining Kyrgyz which to extent the both explores IV Chapter LEVEL OF GOLD M KYRGYZ THE IV.CHAPTER REGULATI

The The of health bylaw. the liability established to subject and life endangering the circumstances within and facts ensured of be Withholding shall 4. terms preferential on service medical law. in the as envisaged guarantees state volumeof well as service medical Free 3. municipal public, develop to measures take shall and everyone of servicing medical for conditions create shall State The 2. health. to right the have Everyone shall 1. Cons rds. The Constitution declares Kyrgyzstan‘s commitment to universal respect for, and and for, respect universal to commitment Kyrgyzstan‘s declares Constitution The rds. tts ht iies f h Kry Rpbi, s el s oeg ctzn, ae an have citizens, foreign as well as Republic, Kyrgyz the of citizens that states titution of the Kyrgyz the Kyrgyz of titution

and private healthcare sectors. healthcare private and

Republic, above n.19, above Republic,

he Kyrgyz legislation ONOF HEALTH 190

INING SECTOR ATDOME

elations in the field of protection of the right to to right the of protection of field the in elations

Article 47 Article

- RELATED ISSUES

people by officials shall be be shall officials by people in nue te full the ensures tion are ensured, such as as such ensured, are o enshrined in the in enshrined o STIC STIC 53

CEU eTD Collection 191 which Goals, Development Millennium on based determined are programmes two last the of (2012 program health priority the instance For other. each of continuation logical the are reform programmess health national sooluk‖ ―Den (1996 program heal national ―Manas‖ realized: and developed been have programmes health national main three independence Since programmes. health national through achieved been has country severe of treatment and complication of thedisease, etc. prevention to right the provides Diabetes on Law the and facilities; goods services, care health to opportunities equal envisages Disabilities with People Law the health; to right children‘s protect and ensure to obligation state‘s a recognizes Code Children‘s the health; reproductive to woman a of right the stipulates Realization Their for Guarantees and Citizens of Rights Reproductive on protective the of one as condoms needles,and safesyringes, to accessand treatment adequate to HIV/AIDS with people the of right the envisages HIV/AIDS on Law the instance, For population. the of groups specific of health to right the protect and ensure medical treatment theeventill in of a him providing and person, each of health mental and physical of improvement sanitary environmental, medical, scientific, cultural, social, legal, economic, political, of combination a as to access education. adequate as and participation information, well as conditions; working safe and healthy food; and water environment, non

Law of the Kyrgyz Republic on Protection of the Kyrgyz Citizens‘ Citizens‘ ofthe Kyrgyz Protection on Republic Kyrgyz Law ofthe - discrimination and equality with respect to health care services, goods and facilities; safe facilities; and goods services, care health to respect with equality and discrimination Additi laws Kyrgyz various e.g. laws, other many in recognized also is health to right The onally, an essential progress in promotion of the right to health throughout the throughout health to right the of promotion in progress essential an onally, - 05, Mns alm‖ ainl elh eom rga (2006 program reform health national taalimi‖ ―Manas 2005), - yinc n a and hygienic

- health.

teiei maue amd t rsrain and preservation at aimed measures ntiepidemic 191

The Law also defines health protection health defines also Law The on the Rights and Guarantees of the the of Guarantees and Rights the on H ealth, arts. 4 and 61 61 and 4 arts. ealth, - 2016). These national health health national These 2016). measures. The Law measures.The

- 01, and 2011), areas 54 th

CEU eTD Collection 193 http://apps.who.int/ghodata/?vid=11800&theme=country 192 tail of failure next that estimated was Mailuu into fell waste radioactive of meters cubic by reported incident the to referred Institute of location I zone. active seismically a in the dumps and dams tailing radioactive of because risk at potentially is countries Asian Central the all that of population determined had Institute Blacksmith the of experts The located. are dumps rock dams tailingradioactive of amount considerable a where place contaminated highly a is it present at production; uranium of places main the of one was Suu Mailuu times Soviet 2006, included of experience the of recurrence a prevent to Inorder country. the across all health human andenvironment the to greatthreat a pose which per cents, onhealth expenditure accounted private while for 43,8 per 56,2 for accounted health on expenditure total of percentage a as health on expenditure state out (e.g. sources private and budget state from comes contribution major A organizations. international of contribution andpayments private budget, state through maintained is system health of Financing services. and control, tuberculosis spread, prevention of cardio HIV/AIDS preventing health, child and maternal are 4.2 Health,4.2 environment and gold under mining th

BlacksmithInstitute 193 s ale mnind hr i a lny f aadu mnn dms n tiig dams tailing and dumps mining hazardous of plenty a is there mentioned earlier As h Kry heal Kyrgyz The H, lbl elh bevtr Dt Rpstr, vial at available Repository, Data Observatory Health Global WHO,

poeto o evrnet n hat sal e onr‘ mjr ocr. During concern. major country‘s be shall health and environment of protection a mn te o tn oltd lcs f h wrd y h Bakmt Isiue in Institute Blacksmith the by world the of places polluted ten top the among , - The World’s Worst Polluted Places Worst Polluted World’s The vascular diseases and complications. diseases its vascular

h ytm osss f tt, uiia ad rvt scos f health of sectors private and municipal state, of consists system th - of - okt spendings) pocket

n dm a cue cnaiain f h drinking the of contamination a cause may dam ing Obschestvenny Reiting newspaper when 300,000 300,000 when newspaper Reiting Obschestvenny

was which city Kyrgyz small a Suu, Mailuu

, New York City, September 2006 September City, New , York codn t te aa vial fr 00 a 2010 for available data the to according - Suu River after an earthquake in 2005. It 2005. in earthquake an after River Suu

e Kyrgyz legislation n particular, in its report the the report its in particular, n

cents. 192

and waste waste and

CEU eTD Collection 197 196 http://www.blacksmithinstitute.org/projects/display/129 195 194 activities. other or economic by caused property and health to damages environmental of compensat to as well as health, and life the for favourable environment safeart.48 Particularly determines environment. of theKyrgyz Constitution that: reaffirm laws these Moreover, laws. legal and foundationprotects and thatpromotes right safeenvironment health. to people‘s strong a has Kyrgyzstan if minimized be can health human and environment surrounding on go extensive of effect the regard this In goal. this of pursuit in issues health and environmental neglect to not important is it however deposits; these all production into bring de gold Kumtor only deposits gold prospective 65 all among i.e. full, the to potential gold its exploited yet not has Kyrgyzstan before, noted As Kyrgyzstan. of development economic the in position Instituteresearch ofOncology the and Radioecology stated that: a that revealed (1999) Radioecology andOncology of Institute the of studya health human on wastes mining valley. Ferghana entire the of supply water Blacks The Law of the Kyrgyz Republic on Environmental Protection (1999), art.3 (1999), Protection Environmental on Republic Kyrgyz Law ofthe The Ibid. pcfcly t dt te ih t sf evrnet s enshrin is environment safe to right the date to Specifically, a mining, gold present At can lung of cause significant most the smoking. be to believed carcinogenic, also is these at radon concentrations sites:elevated in found been has which gas, radon produces uranium of Decay tissue. muta and carcinogen known isa Uranium h Lw n niomna Poeto (99 sae ta eey iie hs rgt to right a has citizen every that states (1999) Protection Environmental on Law The fauna and flora environment, the for care Everyone should 3. management. nature ofin the area to ofdamage compensation to right the have Everyone shall 2. favorab environment to right the have Everyone shall 1. Constitution of the Kyrgyz the Kyrgyz Constitution of

195 mith Institute, Institute, mith

cancer rate in Mailuu Suu was double that of the rest of the country. In its its In country. the of rest the of that double was Suu Mailuu in rate cancer

posit is actively working. It is obvious that the Kyrgyz government wants to wants government Kyrgyz the that obvious is It working. actively is posit

Republic, above n.19, art.55 n.19, above Republic,

h Miu Su eay rnu Dumps Uranium Legacy Suu Mailuu The og te tps f iea etato, od a privileged a holds extraction, mineral of types other mong

an interdependence of the right to health and the right to right the and health to right the of interdependence an gen, that can additionally damage the kidneys, liver, and cardiac cardiac and liver, kidneys, the damage additionally can that gen, 194

As for the specific impacts of the radioactive the of impacts specific the for As le for lifefor le and

196 health

(emphasis add) (emphasis

health

or property resulting from actions from actions property or resulting . ed in numerous Kyrgyz Kyrgyz numerous in ed

ion for adverse effects effects adverse for ion

, available at at available , ld extraction ld

cer other than than other cer 197

CEU eTD Collection 199 198 the of violation gross a law abovementioned to addition In as use. subsoil on legislation deemed be workers, shall of environment safety surrounding to threats and create population which use subsoil to related activities that defines Republic). Kyrgyz the of Government the under Forestry and Protection Environment on Agency State the (i.e. body state authorized undert be cannot hence expertise; environmental to subject is health human and environment the on impact indirect or direct a have may that activity any According law humanhealth. tothis and tothe environment economicand activities other c adverse possible of prevention relationships and legal assessment environmental regulate to to relating is which of purpose the (1999) Expertise Environmental of restoration as natural resources. well as fauna, and flora forests, air, water, subsoil, land, and of protection use rational ensure to processes; and technologies friendly environmentally integrate syste control of operation efficient and reliable ensure to processes; technological obliges approved with Law comply the to entities Besides, business others. many and individuals; and and institutions environmen to, organizations, the adherence of, strict breach activities; for other responsibility and economic state of the of expertise nature compulsory environmental the activities; other or economic of assessment impact populatio the of interests social and economic restoration, protection, the science а resources; natural environment; of use rational and preservation safe а to right human the for, respect and of, Ky of protection environmental of principles basic distinguishes also

Law of the Kyrgyz Republic on Environmental Expertise (1999), art.4 (1999), Expertise Environmental on Republic Kyrgyz Law ofthe art.18 Ibid., nte picpl a o evrnetl rtcin f ygztn s h Lw on Law the is Kyrgyzstan of protection environmental on law principal Another

198

ms; to ensure decontamination and waste management; to management; waste and decontamination ensure to ms; 199

Moreover, the Law on Su on Law the Moreover, ; h cmusr ntr o environmental of nature compulsory the n; a poeto lgsain y enterprises, by legislation protection tal - based combination of ecological, of combination based

aken before the approval of an an of approval the before aken s there are many other principal other many are there s rgyzstan: the observance the rgyzstan: bsoil Use (2012) also (2012) Use bsoil onsequences of of onsequences 57

CEU eTD Collection regulates example, for (1994), Water on Law The contamination. from resources water p adequate of importance an recognize laws Kyrgyz of number a reason this For or ICESCR U either in indicated explicitly not is water potable to right the Besides, water. health and life provision the However Health,4.3 water contamination and gold under mining the Kyrgyz legislation o Convention of Control Stockholm the (1989), the Disposal their and on Wastes Hazardous of Convention Movements Transboundary Basel the (1998), Pesticides and Chemicals Hazardous as such wastes, and products dangerous and toxic of disposal and management sound the regulating health fromadver any and life to right people‘s and environment of protection of laws priority a these proclaim unanimously All others. many and (2008), Facilities Production Hazardous of Operator an ( Population the of Safety Radiation on Law (2009), Safety Ecological Ensuring on Regulation Technical General on Law dumps, Mining and dams Tailing on Law (2008), Facilities Production Hazardous of Operator an Law (2009), Protection Environmental Ensuring on Law as of such Regulation Technical on Law (2001), activities, Facilities Production Hazardous of Safety miningIndustrial to apply that laws safety and health environmental, DHR as well; nonetheless it does not undermine theimportanceright.DHR asdoesnotundermine it well; nonetheless ofthishuman Moreover, Kyrgyzstan is a party of a number of multilateral environmental agreements environmental multilateral of number a of party a is Kyrgyzstan Moreover, As mentioned earlier, safe water is crucial for the full realization of the right to health. health. to right the of realization full the for crucial is water safe earlier, mentioned As laws. other or Constitution Kyrgyz the in indicated explicitly not is water to right The the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Certain for Procedure Consent Informed Prior the on Convention Rotterdam the n Persistent Organic (2001). Pollutants ‖ (Art.48(1) of the Constitution) inevitably embraces a people‘s right to safe to right people‘s a embraces inevitably Constitution) the of (Art.48(1) ‖ se impacts and ofhazardousse activities industries,gold including mining. that says ― says that everyone shall have the right to environment favorable for for favorable environment to right the have shall everyone 1999), Law on Mandatory Insurance of Civil Liability of of Liability Civil of Insurance Mandatory on Law 1999),

on Mandatory Insurance of Civil Liability of Liability Civil of Insurance Mandatory on

rotection of rotection

CEU eTD Collection 202 and surface other 201 and swamps snow, glaciers, theon terri located are waters that ground lakes, rivers, include resources water (2005) Republic water Kyrgyz of contamination any 200 proscribes also (1999) Protection Environmental on Law con affect as well as glaciers, of melting aggravate and accelerate may that activity any prohibits also It water. of pollution the before existed fauna and flora including resources, water of rehabilitation and restoration p and wastes of disposal or removal resources; water into wastes and pollutants contaminated of dumping of reduction and prevention are protection competent every statebodies about groundwate opening of inform immediately shall and systems, control special use to as well as groundwater, to protect measures necessary undertake to required are activities mining in engaged that individuals envisages it particular, In (art.46). resources water into activities water. du resources water on effects adverse other and quality water of deterioration stocks, fish of reduction in well and health people‘s harm can which depletion and pollution from resources. water decision responsibilit and with, healthy of provision compliance resources; water of health; use efficient and and rational leisure; and work life for environment people‘s of priority as principles such activities It resources. water organizations, enterprises, on that stipulates activities other or economic of impact harmful environmentally resources water of protection and use of field the in relations

Ibid., art.44 Ibid., art.3 (1994), Water on Republic Kyrgyz Law ofthe According to art. 4 of the Law of the Kyrgyz Republic on Water (1994) and art.2 of the Water Code of the of Code Water the of art.2 and (1994) Water on Republic Kyrgyz the of Law the of 4 art. to According The other principal law is the Water Code (2005) which determines that goals of water water of goals that determines which (2005) Code Water the is law principal other The 202 -

making processes; and international cooperation in the field of use and protection of of protection and use of field the in cooperation international and processes; making hs t rsrbs upn o txc n rdocie ats f cnmc r other or economic of wastes radioactive and toxic of dumping proscribes it Thus

t te hne i te hscl ceia ad ilgcl hrceitc of characteristics biological and chemical physical, the in changes the to e 201

The Law stipulates Law The y for breach of, water regulations; provision of public participation in participation public of provision regulations; water of, breach for y

dition and quality of water contained in glaciers (Art.62). The The (Art.62). glaciers in contained water of quality and dition tory ofKyrgyzstan. tory

that water resources of Kyrgyzstan shall be protected be shall Kyrgyzstan of resources water that ntttos n idvdas hl osre n their in observe shall individuals and institutions

r reservoirs (Art.52). r reservoirs luat; at neutralization; waste ollutants; 200 , and aims at preventing any preventing at aims and , - being, as well as result result as well as being, raiain and organizations

CEU eTD Collection 203 worki of distribution free ensure to safety; occupational of standards state approved the with comply to obligation an has employer particular, In conditions. such provide to employer an of obligation an is it that to right a has everyone that define acts legal These (2003). Health and Safety Occupational on Law the and (2004) Code Labor Kyrgyz the in occupationaland are contained health andon The extensive comprehensive safety most norms Kyrgyz Constitution: and Epidemiological Department. Supervision ofEmergencyGovernment theKyrgyz State Sanitary Republic, Situations, theMinistry of o Office State the Hydrometeorology, of Office State the Administration, Water State the are policies waterconcentration and in of chemicals (2004), many resources others. permissibl maximum on regulations Hygienic (1993), resources water into pollutants of dumping of volume permissible maximum on Instruction (1995), legislation water of breach prot on Regulation (2004), protection and use water of inspections of conducting on Instruction various by importan the emphasizes thus and health, human and environment surrounding affect adversely may that resources 4.4 Mining,4.4 occupational

The Constitution of the Kyrgyz Republic the Kyrgyz Constitution of The ection of groundwater (1994), Regulation on compensation rates and procedures for for procedures and rates compensation on Regulation (1994), groundwater of ection protection and use water of control and management maintain that bodies state The profession and occupation, labor protection and labor arrangements meeting safety and hygienic hygienic and safety meeting arrangements labor and protection level. minimumsubsistence not less than labor for remuneration to right the as well as requirements labor for abilities occupation, his/her of use and the labor, profession of freedom to right the have shall Everyone the of (3) 42 Article the in guaranteed is health and safety occupational to right The f Hydrogeology, the Hydrogeology, f - laws regulate relations in the field of use and protection of water resources, as and of relations use protection water such intheregulate field of laws

ng clothes, shoes and other means of individual protection, washing protection, individual of means other and shoes clothes, ng e f ae poeto. n diin o h mnind as many laws mentioned the to addition In protection. water of ce State Agency on Environment Protection and Forestry under the under Forestry and Protection Environment on Agency State

safety and health under Kyrgyzthe legislation , above n.19, art n.19, above ,

.42 (3) .42

safe and healthy working conditions, and conditions, working healthy and safe

work and choice of of choice and work

203

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CEU eTD Collection 205 204 health, and safety occupational of standards the with compliance over control The conditions. dangerous and deleterious under working from forbidden are years eighteen under persons women, for hygiene private of rooms illness, or accident an of case in points aid first kitchens, rooms, shower restrooms, (cloakrooms, rooms sanitary and etc.) hospitals, units, medical (e.g. units care health organize to employers Besides, worker. a of workability and health ensure can which outfit working special and milk meal, prophylactic and therapeutic free receive shall companies mining gold the of workers (1996) Kyrgyzstan of Unions Trade of Federation the and Health Mini the Labor, of Ministry the of Resolution the to according particular, In (Art.224). water potable and milk, free meal, prophylactic free day, working shortened leave, additional a conditions poisoning or (art.12Law of Safety). onOccupational the disease industrial acute of symptoms any of development including health, accid industrial to every about obligation employer an inform have immediately protection, labor on instruction and regulations rules, established others. and health, to risks associated and conditions labor about against workers inform workers to diseases; and of accidents insurance industrial social obligatory ensure to workers; of checkups medical spe and examinations medical regular and employment) (before preliminary obligatory conduct to protection; labor of requirements the about workers of informing and instruction expe employer‘s at neutralize and wash, disinfect, keep, collective repair, purchase, and to facilities; individual protection provide to workers; among agents neutralization and soap off,

Ibid., art.217 Ibid., art.211 (2004), Republic Code of the Kyrgyz Labor The s mas f niiul rtcin n hgee f okr; o raie training, organize to workers; of hygiene and protection individual of means nse h Lbr oe tplts ht epe h wr udr ermna ad dangerous and detrimental under work who people that stipulates Code Labor The e nild o usde ad opnain, uh s upeet o salary, to supplement as such compensations, and subsidies to entitled re

204

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etc.).

205

It shall also be noted that women and women that noted be also shall It ent and deterioration of his/her his/her of deterioration and ent the Labor Code obliges obliges Code Labor the stry of of stry cial 61

CEU eTD Collection 207 international 206 Mor information. the disseminate investigate, and give receive, produce, search, freely to right everyone, a guarantees entities, legal (1997) and citizens Information foreign to including Access Free and Guarantees on Law The articleKyrgyz 33ofConstitution states: the particular, In health. to right the including rights, human fundamental other of realization th recognize laws abovementioned the of Most system. legal Kyrgyz the in recognized widely is information to access to right The matters under the Kyrgyz legislation on Convention ILO 1935 the and Underground (Women). Work (1960), Protection Radiation on Convention ILO Convent ILO 1965 the (1977); Pollution Air to Due Environment Working the in Hazards Occupational against Conventions, ILO 53 ratified Kyrgyzsta Specifically, health. and safety occupational protect and ensure to obligations international has Kyrgyzstan Moreover, LaborYouth, andKyrgyzstan. Employment of as well as 4.5 Mining,4.5 access to information and public participation in health

The Constitution of the Kyrgyz R the Kyrgyz Constitution of The See, e.g., e.g., See, 5. No one may be subject to criminal prosecution for the dissemination of information which abases or or abases person. a dignity and of which honor humiliates information of dissemination the for prosecution criminal to subject be may one No 5. the officials as law. in the envisaged self well local authorities, as state of possession bodies the in governance information to access guaranteed be shall Everyone 4. self local authorities, state of budgets. local and from the republican financed wellorganizations as as activity bodies governance selflocal the on authoriti state of information participation the with entities obtain legal thereof, officials as well to as bodies governance right the have shall Everyone 3. authorities, state in gov selflocal himself/herself on information the with acquaint to right it the disseminate have shall and Everyone 2. information use and keep receive, seek, freely writingotherwise. or orally, in to right the have shall Everyone 1.

- representation and protection of workers‘ rights, is maintained by the Ministry of of Ministry the by maintained is rights, workers‘ of protection and representation labor - organization ernance bodies, institutions and organizations. institutionsand bodies, ernance ion on Medical Examination of Young Persons (Underground Work); the Work); (Underground Persons Young of Examination Medical on ion http://www.un.org.kg/en/un

- ilo 206

epublic,

including the ILO Convention on the Protection of Workers of Protection the on Convention ILO the including n became a member of the ILO in 1992, and so far has far so and 1992, in ILO the of member a became n

above n.19 above iprac o te ih t ifrain o te full the for information to right the of importance e 207

- in be shall information providing of regulations The reof.

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yrgyzstan/un art.33

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62 -

CEU eTD Collection prohibits as well as nations; and people other towards intolerance and discrimination religious or ethnic cruelty, and violence war, promote order; com or state contain that information provide to prohibited is it e.g. information, of types certain of dissemination and 208 health, their harm or favour may that factors about information timely and accurate receive regularly to entitled are people that envisages also (2005) Health Citizens‘ of Protection on hu to maycauseactivities certainhuman danger potential that the environment, the of qualityand state the situation, epidemiologicalthe on information entities Epidemiological Sanitary on Law W the Specifically, (Art.2). protection their for needed or measuresundertakenand condition their affect mayactivitythat any human on information informati any environment‖ includes the on ―information term the (1999) Protection Environmental on Law the accessible. (except information all that means which disclosure, maximum of principle a sets Law this that is point vital The transparency. and publicity openness, informational maximum guarantee to bodies state all of obligation Self Local and direct Bodies byState Held Information to Access Lawon of The sessions. open body‘s state to access provision and materials; and documents to access direct of provision body activities; state about information of relevant disclosure of public dissemination material; and publication of means by ensured also be can information organizati enterprises, (e.g. entities private also and but bodies, state only not obligesLaw the regard this In authenticity. openness timeliness, objectivity, accessibility, information: to right the to apply that

elfare of the Population (2001) enables individuals to receive from state bodies and private private and bodies state from receive to individuals enables (2001) Population the of elfare The Law of the Kyrgyz Republic on Guarantees and Free Access to Information (1997) prohibits free access access free prohibits (1997) Information to Access Free and Guarantees on Republic Kyrgyz the of Law The mercial secrets; insult religious feelings or call for the violent overthrow or change of the constitutional constitutional the of change or overthrow violent the for call or feelings religious insult secrets; mercial Hence, any information on the environment shall be publicly available. According to According available. publicly be shall environment the on information any Hence,

- oenet ois f h Kyrg the of Bodies Government on on the state of water, air, soil, minerals, flora and fauna, as well as well as fauna, and flora minerals, soil, air, water, of state the on on n) o rvd information provide to ons)

dissemination of pornography and publication of false information (art.10) information false of publication and pornography of dissemination

legally limited) held by any state body should be be should body state any by held limited) legally z eulc 20) lo tplts and stipulates also (2006) Republic yz 208

n eus (r.) Te ces to access The (Art.6). request on s r rvt organization‘s private or ‘s man health (Art.7). The Law(Art.7).The health man

CEU eTD Collection an has state each that establishes (3) obligation: 2 Article ICCPR The mechanisms. such of one damages for compensation adequate an seek effectively to people lay enable to as well health as protection, and environmental of norms and standards approved the with comply to activities various establish to state a other for crucial is it Thus environment. and health hazar extremely are operations mining earlier, mentioned As under theKyrgyz legislation UN Against Convention Corruption. Kyrgyzst 2003 in Convention); (Aarhus Matters Environmental Decision in Participation Public Information, to Access on Convention UNECE the to acceded Kyrgyzstan 2001 in Specifically, instruments. rights numerous under participation public and information, environmental participation decision in laws Kyrgyz the of througho most mentioned Likewise significance. local and republican of decisions and laws of adoption and discussion the in participate to right the has Kyrgyzstan of citizen every A laws. Kyrgyz the by guaranteed areagoods, residence, compliance and of services of works withsanitary the and rules. norms environmental the on information including 4.6 The4.6 right to effectivean remedy for damages caused by mining activities

mechanisms In addition Kyrgyzstan has obligations to ensure public access to information, esp. to esp. information, to access public ensure to obligations has Kyrgyzstan addition In decision in participation public to right The

caused by such organizations or individuals. The right to an effective remedy can be be can remedy effective an to right The individuals. or organizations such by caused

that would encourage organizations or individuals engaged in mining mining in engaged individuals or organizations encourage would that ut the present paper also contain provisions on necessity of public public of necessity on provisions contain also paper present the ut - making.

tce 21 o te ygz osiuin salse that establishes Constitution Kyrgyz the of 52(1) rticle

, sanitary and epidemiological conditions of their of conditions epidemiological and sanitary , - aig rcse i as widely also is processes making - aig n Acs t Jsie in Justice to Access and making os n dneos o human to dangerous and dous an signed the UN Convention Convention UN the signed an

international human human international remedial

64 or or

CEU eTD Collection 211 210 209 mining dumps. t at appeared accidents (2) or regulations and standards mining established the of violations (1) about information concealed they if case in personally officials state also activiti mining in engaged individuals or organizations only not However, decision. court effective an have shall individuals affected compensation full receive to order In (Art.54). expenses o degree treatment, of cost including compensation, of costpay full to environment andhealth affectednegativelyhuman have activities whose individuals or organizations obliges (1999) Protection Environmental are the in activities from resulting property that specifies Constitution the of 48(2) article environment safe to and health to right the of violation to regard With As for the Kyrgyz ofthe legal Kyrgyz 39and Articles defines system, 40 that: Constitution

The Law of the Kyrgyz Republic on Tailing Dams and Mining Dumps (2001), art.18 (2001), Dumps Mining and Dams Tailing on Republic Law the Kyrgyz The of Republic the Kyrgyz Constitution of The 2(3) art. ICCPR, . vroe hl hv te ih t poet i/e rgt ad reos y n mas ht r not are that means any by freedoms and rights his/her protect to by law. prohibited right the have shall Everyone 2. freedoms. and rights civil and human extraju of development the ensure shall state The universally as well as law. international norms of and principles party recognized a is Republic Kyrgyz the which to treaties international laws, Constitution, ofhis/he protection judicial guaranteed be Everyone shall 1. 40 Article capacity. official their officialsthereofin or bodies governance selflocal authorities, state of acts illegal by caused damage any for compensation to right the have shall Everyone 39 Article granted. when suchremedies enforce shall authorities ensure competent that the (c) To remedy ofjudicial the possibilities develop to and State, ofthe system byfor legal the provided authority competent other any by claimin or authorities, legislative or administrative judicial, competent person any that ensure To (b) capacity; official an in acting persons by committed been has violation the that notwithstanding remedy, effective (a) To ensure that any person whose rights or freedoms as herein recognized herein as freedoms or rights whose person any that ensure To (a) es can be held responsible for damages caused to human health and environment, but environment, and health human to caused damages for responsible held be can es

211

210

vroe a te ih t cmesto o dmg t hat or health to damage of compensation to right the has everyone f loss of work capacity, rehabilitation costs, nursing and other other and nursing costs, rehabilitation capacity, work of loss f

, ab ,

ove n.19, arts. n.19, ove g such a remedy shall have his right thereto determined by by determined thereto right his have shall remedy a such g a of nature management. Moreover, the Law on Law the Moreover, management. nature of a dicial and pre and dicial

39 and 40 and 39 r rights and freedoms envisaged in the present in the present freedomsenvisaged rights and r - trial methods, forms and means to protect protect to means and forms methods, trial

are violated shall have an an have shall violated are

; ailing dams and and dams ailing

209

CEU eTD Collection 212 pu to suggest facto de ambiguous: quite are findings My right. human mini Kyrgyz which to extent the i.e. health, population, than mining industry from support. public itselfwould benefit considerati maximum with maintained being are activities mining if words, other In rights. human basic of observanceand implementation proper ensure to measures positive take shall companies mining and government Kyrgyz indu mining of position social improve to important is it sector, mining and population Kyrgyz the of interests reconcile i.e. situation, the improve to order in opinion, my In sector. mining gold especially industry, mining the of viability social econo about population among debates heated are there sector mining the in level corruption high and transparency information, of lack the of because Mainly industry. mining to potential gold its exploit to possible anything do will government Kyrgyz the that obvious is It mine. site, mine Kumtor the at extracted being is gold of tons 20 is reser gold of It tons 2000 than more has Kyrgyzstan gold. that estimated of extraction extensive for potential immense economic has Kyrgyzstan‘s Kyrgyzstan of Indeed components growth. vital most the of one is mining, gold especially paperth demonstrates industry.This mining of regulation to comes it when health to right the fulfil and protect respect, to instruments rights human international under CONCLUSION RECOMMENDATIONSAND

Robert E. Moran, E. Robert In this paper I only discussed the relationship between mining industry and the right to right the and industry mining between relationship the discussed I only paper this In obligations its fulfilling is Kyrgyzstan whether analyze to was paper this of aim The

there are gross violations of the right to health. As a solution of this controversy I controversy this of solution a As health. to right the of violations gross are there

the full. However, to date we can witness negative mood of the population againstpopulation the of negativemood witness can we date to However, full. the i pae fetv efreet ehnss Seiial, h aayi o the of analysis the Specifically, mechanisms. enforcement effective place in t

aboven.61

ng legislation ensures the full realization of this of realization full the ensures legislation ng on of the rights and interests of the affected affected the of interests and rights the of on de jure de

the right to health is fully guaranteed, fully is health to right the stry as a whole. In this regard the the regard this In whole. a as stry 212

currently the only active gold active only the currently ves, however annually about annually however ves,

at mining industry,mining at i and mic 66

CEU eTD Collection enable would research such of results the Besides, practices. and standards protection environmental with Gold.Inc Centerra and Company Operating Kumtor of compliance on commu international an mine, Kumtor for As sites. mine gold potential each on data reliable and necessary all collect to needs Kyrgyzstan therefore sites; mine on data baseline have to crucial is it mentioned, human, adequate since have community not international does of Kyrgyzstan support and assistance the with achieved be only can withrespromotion and protection health of enforcement improve could that recommendations of number a are respectbelowIn this sector. mininggold in results achievingsocially forpositive mechanisms founda legal good a Kyrgyzstan has words, already other In regulations. and laws existing enforce to undertake measures shall concrete Kyrgyzstan protection and promotion health proper towards obligations countri neighboring and Kyrgyzstan while that seems It health. to right human of promotion st serious onKyrgyzstan‘s doubts of Kumtor minesitecast example and status modern different its industry, mining Kyrgyz essentially of history the Unfortunately have picture. we reality in However documents. rights extent the human international to health to right people‘s protect and promote recognize, to correspond whole, operations mining to apply that Kyrgyzstan of laws safety andhealth environmental, principal a as they, that reveals inte activities mining of from health impacts to right the adverse of protection of field the in relations regulate that laws Kyrgyz rnationally recognized standards applied to the right to health. In other words, most of the of most words, other In health. to right the to applied standards recognized rnationally e facto de Foremost Kyrgyzstan shall enhance its international cooperation international its enhance shall Kyrgyzstan Foremost

mining activities are creating threats to public health and environment of of environment and health public to threats creating are activities mining pect mining to operations Kyrgyzstan. in nity may help Kyrgyzstan to conduct thorough science thorough conduct to Kyrgyzstan help may nity in nw t ed efcie n wral enforcement workable and effective needs it now tion, s Tu, n re t esr mxmm uflmn of fulfillment maximum ensure to order in Thus, es.

technical and financial resources. As earlier earlier As resources. financial and technical de jure de

everything is perfect in Kyrgyzstan, Kyrgyzstan, in perfect is everything rict adherenceand theprotection to

–

the effective results effective the

rsrbd n the in prescribed - based research based 67

CEU eTD Collection October 214 Kyrgyzstan, to Mission A/HRC/15/22/Add.2, 61 para 2009, Report rights, human of enjoyment the on wastes and 213 mining when suspen instances or stopped totally of been have operations plenty a there particular, In populations. local with conflicts from suffering constantly are companies mining hand, other the on environment; surrounding of lack the of because hand, activi mining that onerisks real of unaware are the people information on issue: burning a is it to present right At people‘s information. observing are companies that ensuring through all, of first companies, state bodiesmightreduced. besignificantly controlling of number the since changes such from benefit directly would companies Mining ra and functions, overlapping to reduce recommended is it efficient more efforts their and make to vague order have In functions. which overlapping and industry, mining of issues safety and health environmental, theenvironment.into man or natural it be disaster, Kyrgyzstan regulations. and laws comprehensive and detailed more adopt to necessary is it workable them make to thus nature, framework a of are protection environmental on laws Kyrgyz the of most present and protective measures. preventive required timely take to result a as and health, human on site Kimtor at operations its and Kyrgyzstan

Ibid., para 61 para Ibid., UN Special Rapporteur on the adverse effects of th of effects adverse the on Rapporteur Special UN nte esnil on i t ehne oprt sca responsi social corporate enhance to is point essential Another the framework, institutional the for As be could recommendations following framework legislative to regard With

tee s ne t dvlp ocee rcdrs o e olwd n h eet of event the in followed be to procedures concrete develop to need a is there , 213 -

66 lo a Seil aprer n oi wse hs eie i hs eot on report his in defined has wastes toxic on Rapporteur Special as Also,

214 population to make an accurate assessment of impacts of mining mining of impacts of assessment accurate an make to population

made, which could result in the release of toxic contaminants toxic of release the in result could which made, ther enhance their active cooperation and coordination. coordination. and cooperation active their enhance ther

e movement and dumping of toxic and dangerous products products dangerous and toxic of dumping and movement e ded by local communities, e.g. by organizing organizing by e.g. communities, local by ded e r a o o sae ois hc da with deal which bodies state of lot a are re ties pose to human health and health human to pose ties bility of mining mining of bility of use. At At use. of 68

CEU eTD Collection 215 poi crucial of discussion public thorough after programs reform health national to issues mining include to be would recommendation next the regard this In problems. are who people to the supposed of opinion account into take to crucial is it policies and laws related health various developing When life. and health their affect may that decisions of adoption en information adequate addition In languages. English or Russian not Kyrgyz, in prepared information to access have shall language Kyrgyz speak mostly and sites mine of vicinity the in live who communities local affect that language a in provided are activities health vital contain which information if information to right the of violation direct a is it Hence, community. or individual affected the of background religious gender, ethnic, as factors such considering language, and format accessible and comprehensive a in and time on provided is information the if only ensured is entities M available. publicly be to operations mining gold with associated risk and conditions medical sanitary environmental, on information necessa measures preventive and protective adopt to people enable would threats potential about information adequate to access informat to right human of observance timelythroughwhen example striking a is This motives. and goals selfish their achieving are they unawareness and ignorance people‘s using by individuals: cases the of most in Unfortunately, etc. sites, mine of seizure sites, mine to roads the blocking protests, public rallies, strikes,

oreover the full observance of people‘s right to information by state bodies and private private and bodies state by information to right people‘s of observance full the oreover Minister of Economy and Antitrust Policy of the Kyrgyz Republic, Kyrgyz ofthe Antitrust Policy and ofEconomy Minister The right to access to information is closely linked to the right to health, i.e. full and and full i.e. health, to right the to linked closely is information to access to right The

eei fo sc lw ad policies and laws such from benefit ion mining companies may significantly benefit.

ry to reduce any risk to their health. Therefore it is important thatimportant is it Therefore health. their to risk anyreduce to ry

ables population to effectively participate in discussion and discussion in participate effectively to population ables

lay people are becoming a tool of various dishonest dishonest various of tool a becoming are people lay - yinc eieilgcl sinii, ehia and technical scientific, epidemiological, hygienic, ed people do not speak and understand, e.g. understand, and speak not do people ed –

hy nw oe bu ter ed and needs their about more know they

above n.22 above

related issues of mining of issues related age, cultural and and cultural age, - related health health related nts of nts 215 69 -

CEU eTD Collection realization of theright health to concrete mechanisms beputinplace. enforcement must full the ensure to order in (2) and health; people‘s of improvement an guarantee not do health, to right the to applied standards international with comply they if even regulations, and laws and protectionbasic rightsvis ofandinterests people‘s undermines significantly it sometimes demonstrates example sh a have to option good a is it Probably industry. mining with associated problems social serious many neglecting is Government Kyrgyz the benefits economic of pursuit in date to Unfortunately, rights. human fundamental commitment its and ventures mining in interests financial the territory andcountry dangerous ofthe is already wastes. fullofhazardous mining Kyrgyz The concerns. environmental iss health about talk to time right to a is it that understand shall population only not operations, mining with associated problems health concrete to attention public‘s draw would this extent some To problem. the The main goals of thi of goals main The Kyrgyzstan‘s of forAnother urgent harmonization issue ofhigh need importanceisthe s paper were (1) to demonstrate that passive adoption of neutral neutral of adoption passive that demonstrate to (1) were paper s areholder interest in mining ventures, but as Kumtor‘ as but ventures, mining in interest areholder - à - vis those ofminingvis those companies.

to respect for, and observance of, observance and for, respect to Kyrgyzstan‘s proper promotion promotion proper Kyrgyzstan‘s ues, no time to wait to time no ues,

70 –

CEU eTD Collection World Bank Report No. 13024 2002 24709 No. Report Bank World World Bank Country Study, Mining industry: Problems and Ways Improvement of Republic, Kyrgyz the of Policy Antitrust and Economy of Minister 2001 Kyrgyzstan, in Development V., Bogdetsky US Department of State, 2007 Zozulinsky, Artyom 31.12.2011 Republic, Kyrgyz the of Finance of Ministry Kyrgyzstan, 30 October 2011 Rights, Human and Institutions Democratic for Office OSCE Operations Profile for Commissioner High Nations United Treatment Initiative, Justice Society Open Ethnic Conflict Tishkov,Valery Transition M.Spoor, and K.Moldogazieva January 200 States United the of Congress of Library United Ten of Toxicthe Twenty Switzerland, Cross Green and Institute Blacksmith Gavin Bridge Worldwatch Institute, December 1998 Sampat, Payal and Gardner Gary Books/Articles/Reports/Journals: Bibliography

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CEU eTD Collection HumanIdea Rights (1990) SECO Europe, Henkin, Louis for Commision Economic the York & Geneva, 2009 of Policy New Nations, United KYRGYZSTAN, of No.28 REVIEWS PERFORMANCEENVIRONMENTAL Environmental on Committee Millennium Goals (UNDP), Program Development UN Kalia Moldogazieva, http://nodirtygold.org/issykkul_kyrgyzstan.cfm EARTHWORKS, WHAT IS POISONE Network, Bankwatch CEE International Trade Canada, Watch Mining Cyanide in Mining E.Moran, Robert 2002 Network,Bankwatch CEE LLC, (September 2012) Prizma of Report рудника, атакже состояния осуществляемого государственного контроля, н защиты социальной использованию рациональному по и процессов производственныхбезопасности среды, требований окружающей охране ресурсов, природных и норм Компани» Оперейтинг «Кумтор ЗАО Parliamentarian Republic, Kyrgyz of Environmental and Industrial Safety Standards at Kumtor Gold Mine Commission Governmental Interagency Related Issues, Moran, E. Robert KubanychbekIsabekov, « Republic) for Centerra Gold Inc. an Thalenhorst,HenrikRedmond, Dan Sarah MacGregor Resources, Natural and Mining for Management Bishkek Streams 2005 Revenues and Governance in Capacity Abdyrakhmanova, J. Kyrgyzstan, and Ibraev K. V., Bogdetsky

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- Related Waters , May 2004 utr od aiiis Krysa: Comment Kyrgyzstan: facilities, Gold Kumtor D?, NGOsIssue Paper, EBRD Annual Meeting, Riga, May 2000 "Gold" future or sustainable development?

sion слня рйн взесвя етлнси золотодобывающего деятельности воздействия районе в аселения rte Peetto t te tnig omte o Frin far and Affairs Foreign on Committee Standing the to Presentation Written Золотая

Issyk Mountains of Gold: Kumtor Gold Mine in Kyrgyz RepublicKyrgyz in Mine Gold KumtorGold: of Mountains needn Assmn o te alaetra Cmiso Report Commission Parliamentarian the of Assessment Independent UTR OD IE TO ER ATR H ACCIDENT. THE AFTER YEARS TWO MINE: GOLD KUMTOR

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Republic Кумторе

Technical Report on Kumtor Gold Project (KyrgyzProject KumtorGold on ReportTechnical , , Отчет по проверке и изучению соблюдения изучению и проверке по Отчет iig s suc o eooi got in growth economic of source a as Mining Achyk Plus Sayasat (2011)

, September 2007 vlain f opine with Compliance of Evaluation o Wtr Evrnetl and Environmental Water, on s , December 28, 2011 , OSCE, February 2004 ak D Gat o Building for Grant IDF Bank , available at at available ,

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CEU eTD Collection Institute, Resource http://www.wri.org/publication/content/8375 World Indian Northern and Affairs Canada, Northwest Territories Contaminants Factsheets: Heavy Metals See also Lars Jarup, Hazards Heavy of Contamination, Metal Rescue, Rainforest Earthworks Oxfam and America(2004), Dirty Metals: Mining, Communities and the Environment andMan His Environment, E., B. Davies, standards reof enterprises, business other and corporations RepresentativeSpecial Secretarytheof HarveyGeorge J.Annas ( and Lazzarini Zita Brennan, (1999), Troyen Fineberg Gruskin, Sofia Gostin, Lawrence M.Mann, Jonathan January 2007 physical and mental health, ofstandardattainable highest the of enjoyment the to everyone of right the on Rapporteur Special UN Introduction to the Alma Baum, Fran critical reflection, Promotion andEducation (2007) Kickbusch, Ilona Bob Williams, Medical Journal (1997), 1409 Sarrachi, Rodolfo &Üstun Jacob, Social Indicator Research, Volume 38,Number 2(1996), 181 Larson, JamesS. Healthof and Human Rights Or Judith Asher, Routledge, p.4 (eds), P.Marks Stephen J.Annas, George Daniel(2005),Tarantola and Gruskin Sofia International Management‖, NGO and Rights, Human Promoting and Helsinki Federation for Human Rights (1995) Monitoring in Guide ―A Osiatynski, Wirtor Sara E.Davies,Sara

elh o Al o! eiig h sii o Alma of spirit the Reviving Now! All for Health The Right to Health: Aresource Manual NGOs for

sponsibility and accountability for corporate acts The Ottawa Charter Heavy Metal Contamination from Base Metal Mining and Smelting: Implications for Implications Smelting: and Mining Metal Base from Contamination Metal Heavy

Niyi Awofeso, Global Pol Health and Human Rights: ARea The World Health Organization’s definition of health: Social versus SpiritualOrganization’sThehealthWorldSocialhealth:Healthversusdefinitionof The move towards a new public health public new a towardsmove The Health and Human Rights Human and Health The World Health Organisation needs to reconsider its definition of health of definition its reconsider to needs Organisation Health World The Introduction to to Introduction at aot Gold about Facts - Ata Declaration itics ofitics Health Applied Environmental Geochemistry. Academic Press, Londo Report A/HRC/4/28Report (Main focus:Thehealth andhuman rights movement) - 10 Re ganisations (IFHHRO), London,August 2004

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the Concept of Human Rights Human of Concept the aalbe at available , - General, Report on the issue of human rights andReport humanissue transnationalof rights onthe General, ev Mtl ad Health and Metals Heavy , Social Medicine, Volume

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